Regular Session - April 14, 2003

    

 
                                                        1879



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              April 14, 2003

                                 3:32 p.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        1880



                           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:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Sunday, April 13, the Senate met pursuant to

                 adjournment.  The Journal of Saturday,

                 April 12, was read and approved.  On motion,

                 Senate adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        1881



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.

                            On behalf of Senator Morahan, I

                 move that the following bill be discharged

                 from its respective committee and be

                 recommitted with instructions to strike the

                 enacting clause:  Senate Print 3476.

                            THE PRESIDENT:    So ordered,

                 Senator.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Volker, on

                 page number 29 I offer the following

                 amendments to Calendar Number 325, Senate

                 Print Number 2325, and ask that said bill

                 retain its place on Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar.



                                                        1882



                            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

                 215, by Senator Skelos, Senate Print 553, an

                 act to amend the Insurance Law, in relation to

                 policy coverage.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 330, by Senator Alesi, Senate Print 123, an

                 act to amend the Banking Law, in relation to

                 restricting the parties.

                            SENATOR SKELOS:    Lay it aside for

                 the day, please.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 332, by Senator Farley, Senate Print 2242, an

                 act to amend the Banking Law, in relation to



                                                        1883



                 conforming the personal loan limitations.

                            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, 49.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 338, by Senator Trunzo, Senate Print 990, an

                 act to amend the Education Law, in relation to

                 scholarships for academic excellence.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of August.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 348, by Senator Seward, Senate Print 3467, an



                                                        1884



                 act to amend --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 351, by Senator Larkin, Senate Print 2569, an

                 act to amend the Agriculture and Markets Law,

                 in relation to promoting small businesses.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect on the 180th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 355, by Senator Rath, Senate Print 1680, an

                 act to amend the --

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.



                                                        1885



                            THE SECRETARY:    Calendar Number

                 360, by Senator Velella, Senate Print 3445, an

                 act to amend the --

                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            THE SECRETARY:    Calendar Number

                 370, by Senator Saland, Senate Print 1928, an

                 act to amend the Criminal Procedure Law, the

                 Family Court Act --

                            SENATOR LIZ KRUEGER:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 379, by Member of the Assembly Lentol,

                 Assembly Print Number 7482, an act to amend --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 395, by Senator Leibell, Senate Print 987, an

                 act to authorize the Kent Fire District to



                                                        1886



                 contract with the Sloper Willen or Alamo

                 community ambulance service.

                            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, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 396, by Senator LaValle, Senate Print 1660, an

                 act to amend Chapter 643 of the Laws of 2002

                 relating to the removal of certain property.

                            THE PRESIDENT:    There is a

                 home-rule message at the desk.

                            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, 50.

                            THE PRESIDENT:    The bill is

                 passed.



                                                        1887



                            THE SECRETARY:    Calendar Number

                 399, by Senator Robach, Senate Print 1784B, an

                 act to authorize the City of Rochester to

                 discontinue.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 400, by Senator Volker, Senate Print 1882, an

                 act to authorize the towns of Bristol and

                 Canandaigua, of Ontario County.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Madam President,

                 if we could continue, please.



                                                        1888



                            THE PRESIDENT:    The Secretary

                 will continue to read.

                            SENATOR SKELOS:    On the

                 supplemental active list, if you could call up

                 Calendar Number 443, please.

                            THE SECRETARY:    Calendar Number

                 443, by Senator Skelos, Senate Print 3938A, an

                 act to amend the Real Property Tax Law, in

                 relation to allowing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Thank you, Madam

                 President.  If we could go to the

                 controversial reading of the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number



                                                        1889



                 215, by Senator Skelos, Senate Print 553, an

                 act to amend the Insurance Law, in relation to

                 policy coverage for persons with cancer.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Skelos,

                 an explanation has been requested.

                            SENATOR SKELOS:    Madam President,

                 this bill would prevent the refusal to issue

                 or renew any policy of life or noncancellable

                 disability insurance based solely on the basis

                 of genetic testing or because an individual

                 has any type of cancer, the latter providing

                 that the initial diagnosis of such disease

                 occurred at least three years prior to the

                 date of the application and a physician has

                 certified that the disease has not reoccurred.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  If the sponsor would yield

                 for a question.

                            SENATOR SKELOS:    Yes, Madam

                 President.

                            THE PRESIDENT:    You may proceed,



                                                        1890



                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Madam President.

                            Has any consideration been given to

                 the numerous other conditions for which there

                 might be a genetic predisposition that would

                 fall really within a similar category and to

                 which the same rationale would apply as is

                 applied with cancer in this piece of

                 legislation?

                            SENATOR SKELOS:    We've done

                 similar legislation as it relates to breast

                 cancer, but right now we're just dealing with

                 any type of cancer.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Madam President, on the bill

                 briefly.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR SCHNEIDERMAN:    I don't

                 think anyone could argue with this, though I

                 think the question of genetic predisposition

                 does require us to examine any other form of

                 discrimination by insurance companies.

                            It is good that we are preventing



                                                        1891



                 discrimination based on a genetic

                 predisposition for cancer, but we really need

                 to address this on a more comprehensive basis.

                 And I hope we will have the chance to deal

                 sooner rather than later with issues related

                 to insurance denial of coverage for other

                 conditions based on sometimes questionable

                 scientific information.

                            This is an important area, a

                 critical area, and it is something that

                 insurance companies are just beginning to

                 apply.  So I hope we can move beyond this bill

                 soon and get ahead of the curve on this

                 critical issue.

                            Thank you, Madam President.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 180th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            THE PRESIDENT:    The bill is



                                                        1892



                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Finance Committee in the Majority Conference

                 Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 348, by Senator Seward, Senate Print 3467, an

                 act to amend the Insurance Law in relation to

                 homeowner --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator Seward,

                 an explanation has been requested.

                            SENATOR SEWARD:    Certainly, Madam

                 President.

                            This bill would enact the

                 Property/Casualty Insurance Availability Act.

                 It's designed to make property and casualty

                 insurance more available to more New Yorkers.



                                                        1893



                 Because certainly in the last 18 months, and

                 more so since September 11th and its impact on

                 our state in terms of our insurance market, we

                 have seen a deterioration of the market, a

                 hardening of the market, and the availability

                 of insurance at affordable cost has become an

                 issue that is a problem for many New Yorkers.

                            And this bill is a comprehensive

                 approach to deal with that by extending, for a

                 three-year period, the provisions of NYPIUA,

                 which stands for the New York Property

                 Insurance Underwriting Association.

                            It also would extend, for a

                 three-year period as well, the provisions

                 related to automobile and property and

                 casualty insurance rating.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I believe the Minority has a hostile

                 amendment.  There are a number of -- I don't

                 know why they would have a hostile amendment

                 to this legislation, but there are a number of

                 people in the Finance Committee that would

                 like to be present.

                            So, Senator Seward, if you could



                                                        1894



                 just lay it aside temporarily.

                            SENATOR SEWARD:    Sure.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            THE SECRETARY:    Calendar Number

                 360, by Senator Velella, Senate Print 3445, an

                 act to amend the Labor Law.

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 370, by Senator Saland, Senate Print 1928, an

                 act to amend the Criminal Procedure Law and

                 others --

                            SENATOR LIZ KRUEGER:

                 Explanation, please.

                            THE PRESIDENT:    Senator Saland,

                 an explanation has been requested.

                            Senator Skelos.

                            SENATOR SKELOS:    If we could lay

                 that aside temporarily.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            THE SECRETARY:    Calendar Number



                                                        1895



                 379, by Member of the Assembly Lentol,

                 Assembly Print Number 7482, an act to amend

                 the Penal Law, in relation to the minimum

                 portion.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            SENATOR SKELOS:    Madam President.

                            THE PRESIDENT:    Yes, Senator

                 Skelos.

                            SENATOR SKELOS:    I think we're

                 running into conflict with the Finance

                 Committee.  So if we could lay Senator McGee's

                 bill aside temporarily also.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            THE SECRETARY:    Calendar Number

                 399, by Senator Robach, Senate Print 1784B, an

                 act to authorize the City of Rochester to

                 discontinue the use of certain lands.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Robach,



                                                        1896



                 an explanation has been requested.

                            SENATOR ROBACH:    Yes, Madam

                 President.

                            This bill is a piece of legislation

                 which would allow a parkland swap, 3.46 acres

                 in the southern portion of a park adjacent to

                 the Genesee River, trading for 19.5 acres in

                 the northern portion, to accommodate a project

                 bridge linking through the park on the

                 University of Rochester to the 19th Ward, the

                 southwest section of the City of Rochester,

                 which has been talked about for some time,

                 that we feel would spur economic development

                 and is supported not only by the mayor and the

                 City Council in Rochester, but one of the

                 things we strive for the most in government:

                 Every single neighborhood group on record is

                 for this project.

                            And it would help revitalize that

                 neighborhood and link the university to a city

                 neighborhood.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.



                                                        1897



                            THE PRESIDENT:    You may proceed.

                            SENATOR SCHNEIDERMAN:    I think

                 this calls attention, this piece of

                 legislation calls attention to what can be

                 done and what should be done before you

                 alienate parkland, before you take away a

                 precious resource of any community, parkland.

                            I would like to note in the City of

                 New York, where we have more of a need for

                 open space than anywhere else in the state,

                 there is a proposal on the table to take away

                 50 acres of land in Van Cortlandt's Park to

                 build a filtration plant.

                            And none of the processes that

                 Senator Robach has described have been carried

                 out in connection with that plan.  There have

                 not been public hearings regarding the

                 alienation, there has not been the effort to

                 bring together all the community groups.

                 There is widespread community opposition.

                            And I hope that before we take that

                 issue up, we can inform our judgment by the

                 good work of the citizens of Rochester and

                 their communities.

                            Let's not alienate any parkland,



                                                        1898



                 let's not take away parkland over strong

                 community opposition without going through a

                 thorough vetting process and attempting to

                 bring everyone together.

                            I'm going to support this

                 legislation, Madam President, and I hope we'll

                 get support for a similar, thorough process

                 when we get to parkland in New York City as

                 well.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            There is a home rule message at the

                 desk.

                            Read the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 443, by Senator Skelos, Senate Print 3938A, an

                 act to amend the Real Property Tax Law, in



                                                        1899



                 relation to allowing.

                            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, 55.

                            THE PRESIDENT:    The bill is

                 passed.

                            SENATOR SKELOS:    Madam President.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    There will be an

                 immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            THE PRESIDENT:    There will be an

                 immediately meeting of the Rules Committee in

                 the Majority Conference Room.

                            Senator Robach.

                            SENATOR ROBACH:    There will be an

                 immediate meeting of the Judiciary Committee

                 in the Majority Conference Room.

                            THE PRESIDENT:    There will be an

                 immediate meeting of the Judiciary Committee

                 in the Majority Conference Room.



                                                        1900



                            Senator Robach.

                            SENATOR ROBACH:    Yes, Madam

                 President.  If we could return to the reports

                 of standing committees, there is a report of

                 the Rules Committee at the desk.  I ask that

                 it be read.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills direct to third reading:

                            Senate Print 4369, by the Senate

                 Committee on Rules, an act making

                 appropriations for the support of government.

                            And Senate Print 4370, by the

                 Senate Committee on Rules, an act relating to

                 the state's share of health insurance

                 premiums.

                            Both bills ordered direct to third

                 reading.

                            THE PRESIDENT:    Senator Robach.

                            SENATOR ROBACH:    Move to accept

                 the report of the committee.

                            THE PRESIDENT:    All in favor of

                 accepting the committee report please say aye.



                                                        1901



                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The report is

                 accepted.

                            Senator Robach.

                            SENATOR ROBACH:    If we could call

                 up Calendar 447 at this time, Madam President.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 447, by the Senate Committee on Rules, Senate

                 Print 4369, an act making appropriations for

                 the support of government.

                            THE PRESIDENT:    Senator Robach.

                            SENATOR ROBACH:    Is there a

                 message of necessity and appropriation at the

                 desk?

                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR ROBACH:    Move to accept.

                            THE PRESIDENT:    All those in

                 favor of accepting the message of necessity

                 and appropriation please signify by saying

                 aye.



                                                        1902



                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message of

                 necessity and appropriation is accepted.

                            SENATOR ROBACH:    Lay it aside

                 temporarily, Madam President.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            SENATOR ROBACH:    If you could

                 call up Calendar Number 448.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 448, by the Senate Committee on Rules, Senate

                 Print 4370, an act relating to the state's

                 share of health insurance premiums.

                            THE PRESIDENT:    Senator Robach.

                            SENATOR ROBACH:    Is there a

                 message of necessity, Madam President?

                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR ROBACH:    Move to accept.

                            THE PRESIDENT:    All in favor of

                 accepting the message of necessity please



                                                        1903



                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message is

                 accepted.

                            SENATOR ROBACH:    Lay that aside

                 also, temporarily.

                            THE PRESIDENT:    The bill is laid

                 aside temporarily.

                            Senator Robach.

                            SENATOR ROBACH:    If we could just

                 stand at ease until the Judiciary Committee

                 meeting is over.

                            THE PRESIDENT:    The Senate stands

                 at ease.

                            (Whereupon, the Senate stood at

                 ease at 4:02 p.m.)

                            (Whereupon, the Senate reconvened

                 at 4:07 p.m.)

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to reports of standing



                                                        1904



                 committees, I believe there's a report of the

                 Judiciary Committee at the desk.  I ask that

                 it be read.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Senator

                 DeFrancisco, from the Committee on Judiciary,

                 reports the following bill direct to third

                 reading:

                            Senate Print 4285, by Senator

                 Hannon, an act to amend the Estates, Powers

                 and Trusts Law.

                            ACTING PRESIDENT MORAHAN:

                 Without objection, direct to third reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could return to the controversial

                 reading of the calendar, I believe Senator

                 Seward's bill, 348, is up.

                            And I also know that he explained

                 it, so, Senator Schneiderman --

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 348, by Senator Seward, Senate Print 3467, an



                                                        1905



                 act to amend the Insurance Law.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    We had the

                 explanation, so I don't want to interrupt the

                 flow for an explanation.  But I would like to

                 ask the sponsor to yield to a question,

                 Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Seward, do you yield?

                            SENATOR SEWARD:    Certainly.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Seward, the bill that you

                 propose today only extends the NYPIUA program

                 for two more years.  Why is this an extender

                 bill rather than a bill making this permanent?

                            Since New York State already has a

                 very successful history with this program, we

                 have a growing number of individuals and

                 companies who find it necessary to take

                 advantage of this insurance program, and we

                 are now one of only two states left in this

                 country, Iowa, Alabama, and New York -- three

                 states in the country that have not made this

                 "Fair Plan" permanent, why does your bill not



                                                        1906



                 make it a permanent bill?

                            SENATOR SEWARD:    Well, Mr.

                 President, since the Fair Plan, this so-called

                 NYPIUA plan was first created back in 1968 --

                 it's gone through some transformations since

                 that time -- it has never been permanent in

                 the state.  In fact, in most cases in the past

                 there have been one-year extenders.  Two years

                 ago, this house, in conjunction with the other

                 house, passed a two-year extender.

                            And this particular bill before us

                 would extend NYPIUA and the Fair Plan for a

                 three-year period, which is the longest period

                 of an extension that this house has ever

                 passed for the Fair Plan.

                            Now, the reason that this bill

                 doesn't include provisions that would make it

                 permanent is this reason.  The market is a

                 very dynamic thing.  There are changes

                 periodically as conditions change that affect

                 the insurance market in the state and

                 particularly the segment of the population

                 that's served under this plan.

                            And I believe that the fact that

                 this Legislature needs to review the program



                                                        1907



                 and renew it -- in this case, that would be

                 three years from now -- it gives us an

                 opportunity to assess the market, what's

                 needed, what changes may be warranted.  And

                 it's an opportune time to do that once the

                 bill is sunsetting and we have to renew it.

                            In fact, there have been changes in

                 the program over the years at the very time of

                 renewals in the past.  And so that's the

                 reason we would not make it permanent:  it

                 gives an opportunity to assess the market and

                 the need for changes in the program

                 periodically.

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, thank you.  If through you,

                 Mr. President, the sponsor could continue to

                 yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Seward, will you continue to yield?

                            SENATOR SEWARD:    Certainly.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator Seward, through the President.

                            I understand your point about the



                                                        1908



                 industry changes.  The demands of communities

                 change.  But when I look at some of the data

                 that's available, it shows that the

                 significant change is the growing percentage

                 of our populations in various parts of the

                 state that need to take advantage of the Fair

                 insurance.

                            I'm looking at some data just for

                 2001 to 2002; for example, we saw a

                 235 percent increase in usage in Rockland

                 County, the President's county.  We saw

                 overall a 57 percent increase in use for

                 residential purposes and a 118 percent use for

                 commercial.

                            And a concern is, and apparently

                 it's happened in the history of our state

                 before, that if you go to a time period where

                 there is a lapse in coverage, that you could

                 leave these thousands of households throughout

                 the state of New York without any Fair

                 insurance.

                            So again, after all these years of

                 having extender bills, while I appreciate a

                 three-year extender is better than a one-year

                 extender, it still leaves the policyholders



                                                        1909



                 and the companies in a situation of never

                 knowing -- that would be in a 36-month period

                 instead of a 12-month period, but never

                 knowing what the continuation of this program

                 would be.

                            So I understand your point about

                 going from one-year to three-year, but again,

                 I don't quite understand why we wouldn't just

                 follow the lead of 47 other states, make this

                 permanent, decrease the risks for

                 policyholders and insurance companies of

                 finding themselves with lapsed coverage

                 timing, and just go ahead and do what's

                 clearly been the successful model throughout

                 our country.

                            ACTING PRESIDENT MORAHAN:    Yes,

                 Senator Seward, in there someplace is a

                 question.

                            SENATOR SEWARD:    Well, Mr.

                 President, I would just simply respond in this

                 way.

                            Through this bill we are extending

                 the NYPIUA program for the longest period of

                 time ever in the history of the program.  I

                 think that's a commendable thing to do, and



                                                        1910



                 this bill does that.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if, through you, the sponsor will

                 continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Seward, do you continue to yield?

                            SENATOR SEWARD:    Certainly.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            So your bill, Senator Seward, is

                 actually a two-parter.  It both deals with the

                 extension of NYPIUA for three years, but it

                 also ties into it a completely separate

                 insurance issue, the flex plan rating for auto

                 insurance.

                            I'll start out by asking you, why

                 would we mix these two completely different

                 insurance issues in one bill?

                            SENATOR SEWARD:    Mr. President,

                 this bill deals with the efforts to provide

                 more availability of insurance -- thus the

                 name of the bill, Property/Casualty Insurance

                 Availability Act.



                                                        1911



                            And it also deals strictly with

                 extenders, extenders of the NYPIUA as well as

                 the various provisions related to primarily

                 auto, which have been -- there's been a lapse

                 in those extenders since August of 2001, and

                 we have seen a deterioration of the market in

                 that area as well.

                            And so it's very common when we are

                 dealing with extenders to put them together in

                 a comprehensive package, particularly when

                 they all deal, in this case, with availability

                 of insurance.

                            And we have one provision that is

                 expiring at the end of April, and another

                 which had expired in August of 2001.  It seems

                 to make perfect sense to me to bring these

                 together in a comprehensive package and let's

                 get the job done once and for all.

                            SENATOR LIZ KRUEGER:    Through

                 you, Mr. President, if the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MORAHAN:    Does

                 the sponsor continue to yield?

                            SENATOR SEWARD:    Certainly.

                            ACTING PRESIDENT MORAHAN:    He



                                                        1912



                 yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator Seward, through the President.

                            So you've put together two

                 different sections of insurance law into one

                 bill in the belief that we could get moving on

                 both of them.

                            And clearly a concern for me, and I

                 think for many members of this house, now

                 we've put ourselves in a situation where, for

                 example, speaking for myself I would very much

                 like to be able to vote for the extension of

                 NYPIUA.  I think it's been a very successful

                 insurance program, a program I think we should

                 make permanent, a program I don't think should

                 be left to the risk of lagging and having a

                 period of time where, because the two houses

                 cannot agree, that we won't have a

                 continuation of NYPIUA.

                            And yet I am faced with your bill

                 of having to make a decision, then, to also

                 support reinstatement of expired flex rating.

                 And there are many concerns about the flex

                 rating program.

                            So to just specifically focus again



                                                        1913



                 on the flex rating side of your bill, it's my

                 understanding that while this would -- that

                 this section of your legislation would, on

                 average, require if an auto insurance company

                 was going to raise their rates they could do

                 it by no more than 7 percent without going to

                 the insurance commissioner, because of the

                 averaging that an insurance company could

                 actually raise its rates on an individual as

                 high as 30 percent without having to go to the

                 insurance commissioner, under your bill.

                            Could I ask you for a clarification

                 of that scenario?

                            SENATOR SEWARD:    Mr. President,

                 in reference to the first part of the

                 question, in terms of why combining these

                 provisions together, there is in fact

                 precedent for putting the NYPIUA program

                 together with the auto extenders.  That was

                 exactly done back in 1995.  So this has been

                 done in the past.

                            And also in reference to your

                 second question, regarding the flex rating

                 provisions of the bill, the reason that flex

                 rating is important and included here with the



                                                        1914



                 extender bill is the fact that these

                 provisions have been in law up until August of

                 2001, when they were allowed to expire due to

                 inaction in the other house.

                            These provisions, over the years,

                 have done much to stabilize the auto insurance

                 market, to make New York State a more

                 attractive place in which to write business,

                 provided for more competition, companies

                 competing for our business.  And in fact, they

                 have helped to stabilize rates over the years.

                            Now, the fact that a company could

                 make adjustments to their rates without prior

                 approval, within certain limits, does not

                 preclude and does not change the fact that the

                 State Insurance Department is charged with the

                 responsibility not for prior approval, but

                 they are required to review the rates and to

                 make sure that they are in fact justified.

                            And so this bill in no way would

                 take out of the law oversight provisions and

                 requirements on the part of the State

                 Insurance Department.

                            Now, we're all concerned -- we're

                 all concerned about auto insurance rates.  In



                                                        1915



                 fact, what we have seen since flex rating and

                 the other extenders have gone out of the law

                 in August of 2001, we have seen, since then,

                 rates going up more than they would have if

                 flex rating was in place.

                            And so I don't think that the fact

                 that flex rating is out of the law has done

                 the job in terms of holding auto rates down.

                 In fact, the opposite has been true.

                            And I would point out that both

                 last session and earlier this session, this

                 house has I believe unanimously approved these

                 auto extenders both last year and this year

                 previously.

                            We're asking you to do it again as

                 part of this comprehensive package.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if through you -- excuse me.  I

                 have an amendment at the desk, I believe.

                            ACTING PRESIDENT MORAHAN:    Yes,

                 there is an amendment at the desk.

                            SENATOR LIZ KRUEGER:    Could I

                 waive reading?

                            ACTING PRESIDENT MORAHAN:    You

                 may waive the reading and speak to the



                                                        1916



                 amendment.

                            SENATOR LIZ KRUEGER:    Thank you.

                 On my amendment.

                            To highlight again, this is a bill

                 that addresses two completely different issues

                 in insurance, as Senator Seward has proposed

                 it.  On the one hand, it extends the NYPIUA

                 legislation, New York State Property Insurance

                 Underwriting Association insurance, which is

                 the insurance of last resort for many

                 homeowners and businesses.  It's a bill that I

                 think not only should we be extending, but a

                 bill that we should make permanent in our law

                 in New York State.  But he has mixed his bill

                 with a completely different insurance issue,

                 that of pricing in auto insurance.

                            And as he just referenced a minute

                 ago, this house has been attempting to deal

                 with auto insurance rates.  And in fact, it's

                 my understanding that there is supposed to be

                 a conference committee between the Assembly

                 and the Senate specific to auto insurance

                 reform.

                            And so in my amendment before you

                 at the desk, I amend his bill in two ways.



                                                        1917



                 One, to make permanent the NYPIUA legislation;

                 but, second, to repeal the flex rating plan of

                 auto insurance in the bill.  Because I think

                 it is critical not to put homeowners and

                 businesses at risk of losing this insurance

                 because we combine that insurance package with

                 a completely different auto insurance issue,

                 putting at risk the continuation of that

                 important insurance of last resort.

                            I do not believe the Assembly will

                 consider these two packages of insurance in

                 one bill, so I believe it would be critical

                 for us to pass an amended version of Senator

                 Seward's bill today.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, Mr.

                 President, briefly on the amendment.

                            I think this is an excellent

                 amendment.  We are attempting by this

                 legislation to combine something that the

                 consumers of this state absolutely need.

                 New York is, I believe, one of only two states



                                                        1918



                 that has not made permanent -- three states

                 that has not made permanent these provisions

                 that Senator Krueger was speaking about.

                            This is something we're required to

                 do, this is something that the businesses of

                 the state need.  We talk about being

                 pro-business; this is an essential piece of

                 legislation that clearly should be made

                 permanent.

                            What's going on here simply is

                 we're taking something we should do that our

                 constituents need and using it for political

                 leverage, to try and force the Assembly to

                 move on a piece of legislation which I also

                 join our Assembly colleagues in opposing.

                            I don't think there's any need to

                 give an automatic increase or an increase

                 without hearing of insurance as is provided

                 for in this legislation.  I think the system

                 of providing hearings and requiring some

                 process to be followed before increases in

                 insurance is absolutely essential.  I think

                 it's a fair provision.  I don't think it's

                 having a negative impact to the degree that we

                 should change the law.



                                                        1919



                            But to try and link the debate over

                 whether or not we should impose due process

                 requirements and hearing requirements on the

                 insurance industry when they seek to increase

                 insurance, to link that to something that we

                 know is critical I think is really not the

                 right way to do business.

                            Let's pass the bill, let's do

                 Senator Krueger's amendment, let's renew the

                 Fair Plan, and then let's fight on the other

                 issues another day and let's engage in that

                 debate.  This is something we have to do this

                 session.  And I hope it will not be held

                 hostage to these other ill-conceived ideas.

                            I support the amendment.  I urge

                 everyone to do so.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Schneiderman.

                            All those Senators in favor of the

                 amendment please signify by raising your

                 hands.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Brown, Diaz, Dilan, Duane, Gonzalez,

                 Hassell-Thompson, L. Krueger, C. Kruger,



                                                        1920



                 Lachman, Onorato, Oppenheimer, Parker,

                 Paterson, Sabini, Schneiderman, A. Smith,

                 M. Smith, Stachowski, and Stavisky.

                            ACTING PRESIDENT MORAHAN:    The

                 amendment is lost.

                            Read the last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Senator Breslin, to explain his vote.

                            SENATOR BRESLIN:    Thank you, Mr.

                 President.

                            I concur with Senator Krueger in

                 her presentation of her amendment.  But on the

                 other hand, the flex rating passed this house

                 58 to 1 in January.  It provides some

                 flexibility for insurance companies in terms

                 of short increases or decreases in rates and

                 provides them some ability to cancel a small

                 percentage of their subscribers.

                            NYPIUA unquestionably should be

                 passed and become permanent in law.  It's been



                                                        1921



                 around for so long.  It doesn't belong with

                 flex.  But NYPIUA also is something that two

                 years ago passed 56 to 1, and we all agree

                 what an important, good program it is as the

                 insurer of last resort.

                            They each should be independent of

                 each other.  But I think it's important to

                 remember that both of them are good.  It's

                 posturing by this house to combine them.  But

                 they're still two good bills, and I intend to

                 vote in the positive on this bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Breslin will be recorded in the

                 affirmative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators L. Krueger and Senator

                 Schneiderman recorded in the negative.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 370, by Senator Saland, Senate Print 1928, an

                 act to amend the Criminal Procedure Law and



                                                        1922



                 others, in relation to testing.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, an explanation has been

                 requested.

                            SENATOR SALAND:    Thank you, Mr.

                 President.

                            Mr. President, this is a bill which

                 we have seen in this house on prior occasion.

                 This bill, as some may recall, in 1995 we as

                 part of the then-budget deliberations passed

                 legislation which required post-conviction

                 testing that could be requested by a sexual

                 assault victim, the purpose of that testing

                 being HIV determination.

                            What this bill proposes to do is to

                 provide preconviction testing.  It has a

                 reasonable-cause standard, that

                 reasonable-cause standard being either an

                 indictment or an accusatory instrument having

                 been filed.  The bill proposes to provide an

                 application to the court.  Information

                 gathered in the course of this application

                 process and thereafter would remain



                                                        1923



                 confidential information.

                            The bill sets forth a series of

                 requirements that an applicant or petitioner

                 would have to be aware of before he or she

                 would be able to expect that a court would

                 rule favorably in his or her favor.

                            The bill is an effort to, in

                 effect, empower victims, give victims the

                 ability to choose where they believe they may

                 have, by reason of the commission of a violent

                 felony, an assault, a sexual assault, an act

                 of incest, where they believe that they may

                 have been infected by a transmissible disease

                 to apply for the court for that testing.  That

                 testing, should that person choose to do so,

                 the expense would be borne by the state.

                            And again, this, as I said, is an

                 effort to empower victims.

                            There's probably somewhere in the

                 area -- I don't know the most recent

                 statistics, but I believe last year's

                 statistics, I think there were somewhere in

                 the area of about 4600 sexual assaults

                 committed in this state.

                            And if in fact those people who



                                                        1924



                 choose, after going through this process, not

                 to make that decision, that's something they

                 choose of their own free will, that's the

                 choice that they elect to make.

                            If those who go through this

                 process after being informed, as is required

                 under this bill, elect to in fact require

                 testing of their assailant, then that too is a

                 product of the choice of that person and

                 hopefully will assist that person as they

                 attempt to deal not only with their physical

                 well-being but their emotional and

                 psychological well-being as well.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would yield to

                 a question, through you.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you yield for another

                 question?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            SENATOR LIZ KRUEGER:    Thank you,



                                                        1925



                 Mr. President.

                            I believe that the sponsor and I

                 are both very strong advocates for victims of

                 sexual assault.  And yet there are many issues

                 I have with this legislation, so I will just

                 start.

                            Senator Saland, if this is about

                 protecting sexual assault survivors, why does

                 your bill not have any specific requirements

                 for counseling about sexually transmitted

                 diseases?

                            SENATOR SALAND:    What this bill

                 does, Senator Krueger, is it basically

                 provides the ability for somebody to make an

                 informed decision.  And if as part and parcel

                 of that informed decision they elect to choose

                 counseling, they certainly may.  This bill

                 does nothing to impede anybody's engaging in

                 counseling.  I would certainly hope that that

                 would be part and parcel.

                            But I would call your attention to

                 subparagraph (d) of paragraph 4, which

                 basically sets forth what I have termed in

                 prior debates the conditions precedent before

                 an applicant can hope to have her or his



                                                        1926



                 application entertained.  And I think it's

                 pretty self-explanatory.  What it says is:

                            "In all such applications for

                 testing filed pursuant to this section, the

                 applicant must also state that the applicant

                 has been offered counseling by a public health

                 officer and then been advised of (1) the

                 limitations of the information to be obtained

                 through a blood test on the proposed subject;

                 (2) current scientific assessments of the risk

                 of transmission of a disease from the exposure

                 he or she may have experienced; (3) the need

                 for the applicant to undergo testing to

                 definitively determine his or her status with

                 regard to any disease; and (4) the

                 availability of prompt, readily accessible and

                 scientifically recognized laboratory testing

                 of the applicant, including, where

                 appropriate, PCR or other advanced testing."

                 And it goes on for a couple more lines.

                            It doesn't specifically refer to

                 therapy, but certainly therapy or counseling

                 would be something that would be well within

                 the realm of what someone would choose to do.

                 They may be able to have that therapy through



                                                        1927



                 their own insurance coverage.  They may be

                 able to receive some kind of assistance with

                 that through the Victim's Compensation Board

                 as well.

                            It certainly does not -- I hope it

                 wasn't implied that somehow or other it's

                 intended to preclude that.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would continue to yield, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, do you continue to yield?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I appreciated the sponsor's

                 response, and I think that did go to some of

                 the concerns about counseling about blood

                 testing of the potential perpetrator.

                            But that doesn't deal -- and of

                 course we don't have in state law yet a

                 requirement that these services would be



                                                        1928



                 available or paid for in our emergency rooms,

                 where we assume most sexual assault survivors

                 would end up soon after the sexual assault.

                            But I'd also like to talk

                 specifically about the type of counseling

                 that's so important of assuring coverage for

                 prophylactic treatment of a survivor of

                 assault.  The current research shows that the

                 most effective and most important medical

                 response that a survivor of sexual assault can

                 take, the best advice is to start prophylactic

                 treatment to protect themselves from sexually

                 transmitted diseases, including HIV and other

                 forms of STDs, within the first 12 hours of

                 the assault.

                            So I'm concerned that your

                 legislation doesn't specifically outline or

                 even mandate that this is the kind of

                 counseling and these are the kinds of

                 resources that we should make sure are

                 available to victims of sexual assault.

                 Because if they don't have that information

                 and if they don't in fact have access to that

                 treatment -- actually, the CDC recommends

                 within the first two hours after an assault,



                                                        1929



                 but medical knowledge says within the first

                 12 hours, that that's really the

                 state-of-the-art medical prevention and

                 treatment that we should be providing.

                            So I'm concerned that I don't see

                 that in your bill.  Is that there?

                            SENATOR SALAND:    I think, being

                 realistic about this, this is after an

                 indictment?  Or after an accusatory instrument

                 has been filed?  That would not be within two

                 hours of the incident.

                            So you're attempting to deal with

                 an issue that's not possibly dealt with

                 without having some concern about the civil

                 liberties of the defendant, the so-called

                 alleged perpetrator.  There has to be some

                 reasonable-cause standard.  You just can't

                 walk in and say:  He or she did this to me;

                 therefore, test them.

                            What this says is there must be an

                 indictment or an accusatory instrument.  And

                 again, that's not going to happen in a couple

                 of hours.

                            But I would think that the

                 counseling by the public health official, if



                                                        1930



                 the victim had not been apprised prior to

                 that, certainly would apprise him or her of

                 that at that point.  But not, again, within

                 two hours.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if through you I could ask the

                 sponsor to continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, do you continue to yield for

                 another short question and another short

                 answer?

                            SENATOR SALAND:    Yes, sir.

                            (Laughter.)

                            SENATOR SALAND:    Sorry, I

                 couldn't hear you, sir.

                            SENATOR LIZ KRUEGER:    We'll just

                 ignore the President for a moment.

                            Just to clarify, thank you for your

                 response.  I don't think we were disagreeing

                 about the timeline of going to court to have

                 yet the testing of the alleged perpetrator.

                 But, rather, it's the issue for the survivor;

                 that the survivor doesn't need to go to court

                 and shouldn't need to go to court to start

                 prophylactic treatment to protect themselves.



                                                        1931



                            My point was that from a medical

                 perspective, if the most important issue here

                 for a survivor of sexual assault is to try to,

                 as best possible, protect him- or herself from

                 the risk of disease transmitted during the

                 sexual assault, then the number-one priority

                 is what is the best medical care they could

                 get upon reporting a sexual assault.

                            Your bill doesn't address that part

                 of my concern.  Rather, it goes into the "you

                 would have the right to go to court and within

                 a five-day period get a test done on the

                 accused perpetrator," but not -- it does not

                 take the step closer to the assault where

                 medical care really is critical, not waiting

                 to determine whether there's a test result

                 done on a perpetrator.

                            That was clarification of your

                 answer, and I apologize.  I should go forward

                 with an actual question.

                            Since you do talk about going to

                 court, getting permission from the court to

                 test the perpetrator, then having the test

                 done, what is your understanding -- because

                 it's not clear from this legislation -- what



                                                        1932



                 the correct protocol should be once a test is

                 done?

                            Is it the recommendation from your

                 legislation that having had one blood test on

                 a proposed perpetrator, that should be the

                 basis of some medical determination?

                            SENATOR SALAND:    This bill makes

                 no effort to define what the protocol should

                 be.  Again, as I said earlier, this is

                 basically about empowering victims to have the

                 opportunity when they believe, when he or she

                 believes that, after having an understanding,

                 based upon the section that I read to you, of

                 what is entailed as part of this process,

                 whether that person in the first instance

                 wishes to go forward.

                            And if he or she then wishes to go

                 forward, that is something that will be

                 resolved between that person and whatever

                 professional they deal with in terms of

                 getting their healthcare.

                            That is -- no bill could attempt to

                 define what would be a person's decision and

                 then how that person should engage his or her

                 medical professional in terms of what the



                                                        1933



                 protocol or treatment should be.  I mean,

                 that's for a doctor and -- or a medical

                 professional and the patient.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if through you the

                 sponsor could would continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you continue to yield?

                            SENATOR SALAND:    Yes.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So based on your previous answer to

                 the question, we agree that your legislation

                 doesn't specifically help a sexual assault

                 survivor to evaluate the meaning of an alleged

                 perpetrator's test result if they haven't had

                 counseling, and it doesn't mandate counseling.

                            We also know that the Center for

                 Disease Control calls on all tested

                 individuals to be counseled before testing and

                 after receiving test results, and note that

                 specifically for positive test results there

                 should be a follow-up test using another

                 technique to confirm that it hasn't been a

                 false positive or a false negative.

                            And yet in your bill we also agree



                                                        1934



                 there are no provisions in the law

                 specifically for assuring counseling or CDC

                 standards or follow-up counseling or review of

                 the meaning of a test result by a survivor who

                 might turn to court.

                            So my question is, could not all

                 this confusion and timelines -- going to

                 court, not knowing what the answers are,

                 perhaps not having access to counseling about

                 what test results should be, not knowing there

                 should be follow-up tests, not knowing that

                 there's a rate of false negatives and false

                 positives, false negatives particularly for

                 people who may have been infected within the

                 last few weeks or months -- could all of these

                 requirements in your law that on the one hand

                 appear to be intended to protect survivors of

                 sexual assault instead, in reverse, result in

                 them, in these men and women doing harm to

                 themselves by not following what is, again,

                 the best medical protocol, have themselves

                 tested in over an extended period of time,

                 have themselves start prophylactic drug

                 treatment as soon as possible?

                            So does all of the intended, I



                                                        1935



                 think we would agree, potentially intended

                 good consequences of your legislation, because

                 of all the technicalities and the health

                 technicalities and the going back and forth,

                 in fact result in survivors choosing to not do

                 what medical science says they should do,

                 start the treatment themselves right away?

                            SENATOR SALAND:    You may be

                 talking apples and I may be talking oranges,

                 Senator Krueger.

                            There was, in our earlier dialogue,

                 reference to what I assumed was therapy.  And

                 perhaps the ambit of counseling is so broad

                 that it really takes care of a multiplicity of

                 disciplines.

                            But this bill does provide that

                 before you get in the door there has to be

                 counseling through the public health official.

                 That certainly is a given.

                            As I said earlier, the issue that

                 you wish to deal with is an issue which

                 certainly is an issue which, at onset, is a

                 critical issue.  This comes much later.

                            And as I also said to you, this is

                 about choice.  This is about choice, pure and



                                                        1936



                 simple.  Choice that empowers people to make

                 intelligent decisions.

                            The commissioner, the health

                 commissioner, under this proposal, has the

                 ability to promulgate rules and regulations

                 that will provide whatever type of testing the

                 health commissioner -- not me, not you -- the

                 health professionals think would be

                 appropriate.  And certainly it's my

                 understanding, which may not be as great as

                 yours, but that multiple testing certainly is

                 the appropriate protocol.

                            And anybody who comes into this

                 system is going to know that.  Because if you

                 just go and follow the footprints which I read

                 to you earlier, you're going to have to know.

                 And what you choose after you go through those

                 what I term condition precedents will be your

                 decision.  You may say:  You know what?  I

                 just don't want to go there.  But by the same

                 token, you may say:  I do want to go there.

                 And that's purely a matter of choice.

                            And as I said, if there are some

                 4600 cases, if there are a thousand cases and

                 out of those thousand cases 500 choose not to



                                                        1937



                 go there and 500 do, or 800 choose not to and

                 200 do, whatever it is, it will be result of

                 an intelligent decision, with as much

                 information as can be marshalled for that

                 person to make his or her decision.

                            But the decision is not mine, it's

                 not anybody in this chamber's, it's the

                 victim's decision.  And I'd like to think that

                 we could certainly provide that people have

                 the God-given ability to make those types of

                 choices.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if through you the sponsor would

                 continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you continue to yield?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MORAHAN:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator.  Thank you, Mr. President.



                                                        1938



                            So you were highlighting that this

                 is a bill to give sexual assault survivors

                 options.  Choices, as you put it.  And again,

                 in theory, choices to make smart medical

                 decisions for themselves.

                            What is your understanding of the

                 smart medical decision that a survivor

                 could -- the conclusion they could come to if

                 they were to follow through with your law, go

                 to court, have the court-ordered test, get the

                 test results -- what, in your understanding,

                 are the choices they would then have available

                 to them that would be different than if they

                 didn't follow that route?

                            SENATOR SALAND:    My understanding

                 is -- my understanding is not as important as

                 whatever may be that which constitutes the

                 best interests and efforts of the victim.

                            I mean, it was almost a year ago to

                 the day that there was considerable notoriety

                 surrounding an event in New York City

                 involving a woman taxicab driver.  And all

                 this woman wanted was to basically have her

                 assailant tested.  And she found out that she

                 couldn't have her assailant tested.



                                                        1939



                            I came to this issue a number of

                 years ago, in the early 1990s, when I found

                 that there were at least two reported cases in

                 the media -- one in a law periodical, one in

                 the media -- where an assailant refused to

                 undergo any testing unless in return he got a

                 plea bargain.  Now, that offended me.  And I

                 assume it offends you as well.

                            And I just want to make sure that

                 that can't happen.  And I want to make sure

                 that that can't happen in an environment that

                 provides as much information to the victim as

                 is humanly possible.

                            And we may disagree on whether this

                 is appropriate or not, and obviously we do.

                 But I believe it's appropriate.  I'm not

                 making that decision for anybody.  I just want

                 them armed with all the tools I can give them

                 to make that decision.

                            I want that cab driver to have the

                 ability to have her assailant tested.  And

                 after she knows the state of the medical

                 advice that she can receive, if that's what

                 she wants, if she's not satisfied with the

                 information that she has received and she



                                                        1940



                 wants that, and there's an indictment filed

                 against her assailant which rises to the level

                 of reasonable cause, then I think by all means

                 she should have it.  Pure and simple.

                            And out of those 4600 cases, if

                 there's only 10 victims like that, I say let

                 the ten have it.  I'll side with the 10, and

                 others, you know, can be concerned with other

                 issues and not side with the 10.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, if through you the

                 sponsor would continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, would you continue to yield?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            So if I could shorthand, just --

                 Senator Saland, you agree that -- excuse me,

                 your position is that somebody should have the

                 right to this information because they choose

                 to want this information.  But I think I'm

                 also hearing you agree with me that there may



                                                        1941



                 be no medical basis or argument in support of

                 this information leading them to any medically

                 advised decision-making for themselves as a

                 victim of sexual assault.

                            SENATOR SALAND:    That may be your

                 characterization of what I said, but as far as

                 I know I didn't say that.  If I said it, then

                 I'll try saying something else differently.

                            I mean, the bottom line is, is that

                 there are cases in which -- that are in our

                 criminal courts in which people commit the

                 most heinous of crimes on other people.  This

                 bill attempts to identify those violent

                 crimes, and it says if you are a victim of a

                 transmissible disease -- and we define what a

                 transmissible disease is here in the bill.

                 And I'm not going to bother to read the

                 definition.  I'm sure you've seen it already.

                            SENATOR LIZ KRUEGER:    Mm-hmm.

                            SENATOR SALAND:    -- if the

                 determination is made, then you have the

                 ability to make an application.

                            Whether everybody would make that

                 application, I have no idea.  I would assume

                 everybody wouldn't make that application.  And



                                                        1942



                 when you go through that application process,

                 if you decide that you don't want to see it

                 through to the end, you can do that.

                            But if you want to see it through

                 to the end because you feel that it's

                 important to you, it's important whether it be

                 for medical reasons, whether it be for

                 psychological reasons, if we want to make that

                 separate and distinct from medical reasons,

                 for whatever reason, you're the victim.  You

                 should have that ability.

                            You can't do it willy-nilly,

                 because we've put in a reasonable-cause

                 standard.  The law permits it.  Certainly

                 New York has recognized that.  I mean, there's

                 nothing unconstitutional about this.

                            I've seen the most recent Civil

                 Liberties Union memo in opposition, and quite

                 candidly I don't think it would stand up for

                 ten minutes.  Maybe you could find a judge

                 somewhere that will give you a favorable

                 ruling, but it certainly wouldn't stand up on

                 appeal.

                            And I would just suggest they take

                 a look at Matter of Abe A. and understand how



                                                        1943



                 we take blood from people in New York without

                 their consent, and they'll understand that the

                 state, if it has a compelling interest, has

                 the ability to do that as long as there's some

                 reasonable nexus for it.  And we have that

                 reasonable nexus here.

                            SENATOR LIZ KRUEGER:    Mr.

                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you continue to yield?

                            SENATOR SALAND:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            I think that the state's compelling

                 interest in this case, and the issues that I'm

                 talking about here, are the health concerns of

                 the assault victim.

                            And so a question I have, based on

                 this continuing discussion, would you support

                 your own legislation if the result of it was

                 that people failed to get the healthcare that

                 they should get for themselves because the



                                                        1944



                 information that was made available to them

                 through this legislation led them to fail to

                 get best practical healthcare for themselves?

                            SENATOR SALAND:    I view that as

                 being so contrived as to not warrant a

                 response.  Not by you, I've seen it in other

                 memos.

                            I mean, people have got -- I mean,

                 if you go from A to B, if you follow the

                 steps, unless you have some severe

                 intellectual-capacity problems, you know,

                 you're going to know what all your options

                 are, you're going to be able to arrive at,

                 again, a reasonably intelligent decision.  The

                 health commissioner is going to promulgate

                 rules and regulations.  You're going to be

                 told what the state of the art is and what you

                 should do as well as what your rights are with

                 respect to the perpetrator.

                            I mean, it's a road map, and it's

                 not a very complicated road map.  Just, you

                 know, follow the steps.  They'll get you

                 there.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.



                                                        1945



                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If, through you, the sponsor

                 would continue to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, do you continue to yield?

                            SENATOR SALAND:    Yes, Mr.

                 President.  Although I get the impression you

                 think I should do so reluctantly.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            I think I will lay out a scenario

                 because I think I don't agree with your last

                 answer that anybody, quote, unquote, who was

                 not intellectually incapacitated couldn't just

                 follow the road map and go forward.

                            If I imagine myself to be a victim

                 of sexual assault and I'm in an emergency

                 room -- and I would argue that I'm conceivably

                 in a state of shock, I may be physically as

                 well as clearly emotional battered.  I may not

                 have somebody standing there in that emergency

                 room giving me all of the details and the

                 counseling of the specific best-case scenario



                                                        1946



                 in medical care and treatment.  I may not have

                 an emergency room that has prophylactic drug

                 treatments available to me without my knowing

                 to ask for them, and I'm not likely to be in a

                 state to know to ask for those.

                            I may, in fact, be told, under your

                 law, that I have the right to have my accused

                 perpetrator, on the very slim chance that

                 they've in fact been arrested in the short

                 period of time, I may be told that I have the

                 right to have them tested.  And I may,

                 again -- not necessarily having this road map,

                 all this information in front of me, clearly

                 being psychologically if not physically

                 damaged and traumatized at this time -- I may

                 believe that if I can have them tested and the

                 test comes up negative, that I don't have to

                 go forward with medical treatments that may

                 not seem too pleasant.

                            Who wants to take medicine if they

                 don't have to?  Who certainly wants to go

                 through shots?  I personally have a fear of

                 needles.  So who wants to go through shots if

                 they don't believe they have to?

                            So I may, again, being of good,



                                                        1947



                 sound mind in normal circumstances, hear this

                 information and say:  No, as long as I have

                 them tested, I don't have to have myself

                 tested.  I don't have to start this treatment

                 somebody's telling me I should start in the

                 first two hours.  I just want to put this

                 behind me for a while and try to calm down.

                            So I would argue with your analysis

                 and ask you again to rethink whether there are

                 circumstances where the right of someone under

                 your law to go to court and ask for this test

                 would not in fact be in their best medical

                 interest.

                            SENATOR SALAND:    You may have

                 heard me say earlier you're talking apples and

                 I'm talking oranges.  The bottom line here is

                 that this situation that you describe will not

                 arise under this bill because it will not

                 arise in an emergency room.  And it will not

                 occur within the two first two hours of

                 whatever horrific incident may occur.

                            The bottom line is, is that I'm

                 talking about providing people with knowledge;

                 you're talking about dealing with people in an

                 emergency room.  This is not going to occur in



                                                        1948



                 an emergency room.  And, again, there are

                 those steps that you have to take.  It can't

                 occur within two hours.  It will never occur

                 within two hours.  You will never have someone

                 who's indicted, certainly, within two hours

                 after an incident.  And you won't have anybody

                 who has an accusatory instrument filed against

                 them within two hours of the incident.

                            So it's just not going to happen.

                 It's a totally unrealistic scenario that you

                 describe with regard to the application in

                 this bill.  I mean, that -- there's no other

                 way to answer or respond to you.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Senator --

                            SENATOR SKELOS:    Mr. President,

                 if I could just interrupt for a moment.

                            If we could have the last section

                 read for the purposes of Senator Smith voting.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.



                                                        1949



                            (The Secretary called the roll.)

                            SENATOR ADA SMITH:    No.

                            Thank you.

                            SENATOR SKELOS:    Please withdraw

                 the roll call.

                            ACTING PRESIDENT MORAHAN:    Okay.

                 Senator Smith will be recorded in the

                 negative, and we'll withdraw the roll call.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  If the sponsor would continue

                 to yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you continue to yield?

                            SENATOR SALAND:    I will continue

                 to yield, Senator Krueger, but I'm beginning

                 to think this is -- unless we're on the same

                 page, this is getting a little pointless.

                            So if -- and I say this at the

                 expense of being less than collegial.  And I

                 don't want to appear to be rude here.  But,

                 you know, if we're on the same page, fine.

                 You're talking over me and I'm talking over

                 you.  So, you know, if we have something that

                 brings us together, why don't you do that with



                                                        1950



                 a question, and I'll be happy to answer it.

                            SENATOR LIZ KRUEGER:    All right.

                 Mr. President, out of respect for my

                 colleague -- because I think we clearly don't

                 agree on this legislation -- what I would like

                 to do instead is there is an amendment at the

                 desk.

                            ACTING PRESIDENT MORAHAN:    Yes,

                 there is.

                            SENATOR LIZ KRUEGER:    Thank you.

                 If I could waive reading of the amendment.

                            ACTING PRESIDENT MORAHAN:    The

                 reading of the amendment is waived.

                            SENATOR LIZ KRUEGER:    Thank you.

                 If I could speak on my amendment.

                            ACTING PRESIDENT MORAHAN:    You

                 may speak on your amendment.

                            SENATOR LIZ KRUEGER:    Thank you.

                            ACTING PRESIDENT MORAHAN:    You're

                 welcome.

                            SENATOR LIZ KRUEGER:    What I do

                 believe is that while Senator Saland and I do

                 not agree, clearly, about his legislation, I

                 do believe that we both agree that what is

                 important -- and I think this whole house



                                                        1951



                 agrees that what is important is to provide

                 the best possible services and treatments and

                 responses to people in the State of New York

                 who have been the victims of sexual assault.

                            And so in hopes of taking a bill

                 that I in fact cannot support and turning it

                 into something that I could support, and that

                 would, I think, make a difference in the lives

                 of sexual assault victims, I have proposed an

                 amendment that adds a number of different

                 items to Senator Saland's bill.

                            One, in my amendment we would

                 provide for the dispensing of emergency

                 contraception by nurses and pharmacists so

                 that EC can be used when other -- when a woman

                 is a victim of sexual assault.  That that EC,

                 the emergency contraception should be

                 available at emergency rooms throughout the

                 State of New York.

                            Two, I add a section that in fact I

                 take directly from a bill of Senator Nozzolio,

                 S958, which would establish direct

                 reimbursement by the Crime Victims Board for

                 exams, counseling, lab tests, and

                 post-exposure prophylactic costs for victims



                                                        1952



                 of sexual assault.

                            Because I do believe that Senator

                 Saland and I agree that what is most important

                 is ensuring that victims of sexual assault get

                 the best possible medical care, counseling

                 services immediately upon being reported as a

                 victim of sexual assault.

                            And, third, my amendment would also

                 remove the statute of limitations for

                 prosecution of violent felony sexual offenses;

                 i.e., rape in the first degree, sodomy in the

                 first degree, sexual abuse in the first

                 degree, aggravated sexual abuse in the second

                 degree.

                            Because while Senator Saland's bill

                 in fact deals with a tiny scenario of people

                 who might be caught and then sexual assault

                 victims who might request blood testing of

                 those accused perpetrators, what is really the

                 scandal in the State of New York right now is

                 the large numbers of rape victims who never

                 have their perpetrators caught.  And that we

                 have backlogs in warehouses throughout this

                 state of DNA rape tests that have been done,

                 and yet we have never done the DNA



                                                        1953



                 cross-matching and testing, meaning that it

                 can be well beyond the five-year statute of

                 limitations for rape when the perpetrator is

                 discovered through a DNA test, and then it is

                 too late.

                            So I hope that this house will

                 consider supporting my amendments to this

                 legislation.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    You're

                 welcome, Senator Krueger.

                            All those Senators in favor of the

                 amendment please signify by raising your

                 hands.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin,

                 Connor, Dilan, Duane, L. Krueger, Montgomery,

                 Parker, Paterson, Sabini, Schneiderman,

                 M. Smith, and Stavisky.  Also Senators

                 Hassell-Thompson, Oppenheimer, and Onorato.

                            ACTING PRESIDENT MORAHAN:    The

                 amendment is lost.

                            Read the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.



                                                        1954



                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    Mr. President, I

                 just want to -- we're on the bill at this

                 point?

                            ACTING PRESIDENT MORAHAN:    We're

                 on the roll call.

                            SENATOR DUANE:    I wanted to speak

                 on the bill.  I'm sorry, Mr. President.

                            ACTING PRESIDENT MORAHAN:    On the

                 bill.

                            Withdraw the roll call.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            The most important issue I think

                 that we can address is that we need to get the

                 focus off the testing of the perpetrator and

                 put the focus on the victim or the survivor of

                 an assault.

                            Now, I have spoken out on this bill

                 in the past.  And while the bill has improved

                 in many ways, the bill is still not one that I

                 think we should be voting on.  Particularly

                 since we already have principles in place



                                                        1955



                 governing mandated HIV testing of persons

                 accused of certain crimes, which was put

                 forward by the Governor's own AIDS Advisory

                 Council in 1996.

                            Now, the sponsor said that he

                 didn't want to read the definition of

                 transmissible diseases in this legislation,

                 but I think it's important that we know what

                 that definition is.  It's HIV, syphilis,

                 gonorrhea, lymphogranuloma, venereum, herpes,

                 genital warts, and hepatitis.

                            Now, I disagree with this position.

                 But even if you thought because HIV

                 unfortunately now is still a deadly disease

                 and that's why the mandatory testing is so

                 important, I don't think that you could make

                 the same argument about herpes or genital

                 warts or venereum.  They are not deadly

                 diseases.

                            And so the level of why mandatory

                 testing would be required is certainly not the

                 same as it would be for the person who

                 believes that HIV needs to be mandatorily

                 tested for.

                            The legislation also continues to



                                                        1956



                 be flawed in that there is a section in the

                 legislation that says -- that refers to

                 exposure to body fluid during the commission

                 of a crime as "approximate result of the

                 commission of or in the course of flight from

                 an offense described in such paragraph in such

                 a manner that may have involved transmission

                 of a specified transmissible disease from the

                 defendant to the petitioner."

                            And particularly because the

                 "transmissible disease" is so overbroad and

                 because of what we know happens in facilities,

                 particularly where people are incarcerated and

                 there are other circumstances, the net is just

                 too wide that's being cast for mandatory

                 testing.

                            And again, the principles for that

                 are already in place.  And if we believed that

                 it was important to change the circumstances

                 under which a defendant should be mandatorily

                 tested, well, I don't think we should just do

                 that here on the floor without having a

                 hearing from public health experts, people who

                 know about HIV transmission, and, if we're

                 going to discuss the other transmissible



                                                        1957



                 diseases which I listed, people who know about

                 those diseases as well -- infectious disease

                 experts is the group that I'm reaching for --

                 as well as those involved in the criminal

                 justice system.

                            The proper forum for that would be

                 in that kind of an HIV advisory panel which

                 exists now and which has had hearings on this.

                            Also, I just -- there is another

                 point which I think is worth mentioning.

                 Already testing can be done of the

                 perpetrator -- or the alleged perpetrator, I

                 should say -- on a voluntary basis to accused

                 persons.  This is a much easier way to go

                 about combating, I think, what the sponsor is

                 trying to get at in terms of how the victim or

                 the survivor would get their information.

                            And I also think that to have that

                 level of due process for a defendant is very

                 important.  And there's a practical purpose

                 that if a defendant willingly agrees to be

                 tested, there's a lot of time and money and

                 expense that's saved in doing it that way.

                 And I think ultimately that would be -- in the

                 cases where that works, that's a much better



                                                        1958



                 way of going about getting information to the

                 victim or survivor.

                            But I want to go back to the

                 original idea, and that is let's stop the

                 obsession with believing that all people with

                 HIV are criminals and all criminals have HIV.

                 Because that's what starts to -- that's what

                 these bills lead to when they're put forward

                 without a thoughtful public health discussion,

                 a thoughtful criminal justice discussion.

                            Of course some perpetrators have

                 HIV, and many, many do not.  And of course

                 some people with HIV are criminals, and many,

                 many of them are not.  Sadly, HIV, unlike the

                 other diseases that are listed -- like herpes

                 and venereum, et cetera, gonorrhea, are not

                 deadly as HIV is deadly.

                            So the bottom line is let's take

                 the emphasis off the testing for transmissible

                 diseases of the defendant and put the

                 immediate treatment of the victim at the top

                 of the agenda -- perhaps not at the exact

                 moment of the attack, but certainly within the

                 first few moments that the victim arrives at

                 the hospital.  That should be our first



                                                        1959



                 responsibility.

                            The other issues are those which --

                 and as I say, the legislation has improved,

                 but it's still not necessary and it's still

                 flawed.  That's a place to take -- those are

                 issues to take to public hearings.

                            But what we should be doing here is

                 protecting the immediate safety of the victim.

                 So again, even though this is a new version of

                 the legislation, I would encourage my

                 colleagues to vote no.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will call the roll.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Senator Krueger, to explain your vote.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            Some of you might believe I've

                 already said all I could say about this bill.

                 And in fact, there's so much more.



                                                        1960



                            But I do want to highlight that

                 while I don't necessarily believe that Senator

                 Saland's intention with this bill is to

                 mislead the public or to mislead survivors of

                 sexual assault -- that somehow this option for

                 them, or this choice, as he puts it, gives

                 them some added protection or information for

                 their health -- in fact, even the discussion

                 of this legislation has resulted in misleading

                 TV and radio ads that have led many in my

                 district to believe that somehow the right to

                 test a perpetrator, if they are the victims of

                 sexual assault, will in fact protect them from

                 sexually transmitted diseases.

                            And what I want to just highlight

                 in voting no against this bill is there is so

                 much more we can be doing to ensure that

                 victims of sexual assault get the best medical

                 care possible.  But this legislation in fact

                 puts them at risk of believing that they don't

                 need to follow the advice of best medical

                 practice.

                            And so I vote no on this bill

                 because I believe that its risk to do harm is

                 greater than the good to be coming out of just



                                                        1961



                 one more choice for people.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.

                            Senator Krueger will be recorded in

                 the negative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 370 are

                 Senators Andrews, Connor, Dilan, Duane,

                 Hassell-Thompson, L. Krueger, Montgomery,

                 Oppenheimer, Parker, Paterson, Sabini,

                 Schneiderman, A. Smith, M. Smith, and

                 Stavisky.  Ayes, 46.  Nays, 15.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Senator Morahan,

                 there will be an immediate meeting --

                 Mr. President, there will be an immediate

                 meeting of the Local Government Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT MORAHAN:    There

                 will be an immediate meeting of the Local



                                                        1962



                 Government Committee in the Majority

                 Conference Room.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 379, by Member of the Assembly Lentol,

                 Assembly Print Number 7482, an act to amend

                 the Penal Law, in relation to the minimum

                 portion.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    I'm asking if the

                 sponsor would yield.

                            ACTING PRESIDENT MORAHAN:

                 Senator McGee, will you yield?

                            SENATOR McGEE:    The sponsor

                 yields.

                            ACTING PRESIDENT MORAHAN:    The

                 sponsor yields.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  Through you, I'm just wondering if

                 the sponsor would refresh my memory as to what

                 age, under current law, you can try a juvenile

                 as an adult.

                            SENATOR McGEE:    Thirteen years --



                                                        1963



                            SENATOR DUANE:    With or without

                 prompting.

                            SENATOR McGEE:    A 13-year-old

                 convicted of murder would be held in the

                 custody of the Office of Children and Families

                 until he or she is at least 16 years of age.

                            Thirteen years.

                            ACTING PRESIDENT MORAHAN:

                 Senator Duane.

                            SENATOR DUANE:    Well, no, that's

                 wrong, actually.

                            SENATOR McGEE:    It's not?

                            SENATOR DUANE:    Well, I'll just

                 speak on the bill, Mr. President, thank you.

                            ACTING PRESIDENT MORAHAN:

                 Senator Duane, on the bill.

                            SENATOR DUANE:    Just for

                 everyone's edification, the answer is actually

                 17 years old.

                            ACTING PRESIDENT MORAHAN:    You

                 knew the answer.

                            SENATOR DUANE:    Anyway, I think

                 that in modern society, and as civilized

                 society has moved forward, we decided that

                 juveniles should be treated differently as



                                                        1964



                 adults in the criminal justice system.  That a

                 child and an adolescent's mind and values and

                 conscience and virtually everything about them

                 is different than that of an adult.

                            The thinking is that a 15-year-old

                 is really a different kind of living person

                 than is a 30-year-old or a 35-year-old, that

                 in fact children are different than adults.

                            There's a reason why we created a

                 separate system as to how we treat juveniles

                 in the criminal justice system than how it is

                 that we treat adults in the criminal justice

                 system.  For that reason, juvenile detention

                 facilities are different than adult

                 facilities.  Not just the atmosphere, but the

                 entire philosophy is different.

                            And while I would argue that there

                 should be more of an emphasis on

                 rehabilitation in adult facilities, certainly

                 in modern times we have come to believe that

                 rehabilitation is a very, very important part

                 of our juvenile justice system.  A child

                 doesn't have the same sets of consequences

                 that an adult does.  A child does not have the

                 same formation of ideas and values that an



                                                        1965



                 adult does.  And that is why we treat them

                 differently than adults in the criminal

                 justice system.

                            Now, if we put a 14- or a

                 15-year-old -- well, let me say one thing.  I

                 hope perhaps as a result of last year's debate

                 on this bill, formerly the -- well, under

                 current law a juvenile could be sentenced to

                 five to nine years for the kind of crime

                 that's described in this legislation.

                            Last year's legislation, this bill

                 provided that a person convicted -- a child

                 convicted of this crime could serve a

                 15-to-25-year sentence, which was so far over

                 the top and so overblown as to be unimaginable

                 to sentence a 15-year-old child to be in a

                 juvenile facility until they're 18 and then go

                 and do hard time in a DOCS facility for

                 however many more years after that until

                 potentially being there to fulfill their

                 25-year sentence, up to fulfilling their

                 25-year sentence.

                            So now, though, the bill calls

                 for -- instead of 5 to 9, it becomes 7 to 15.

                 Which is better than 15 to 25, I will



                                                        1966



                 acknowledge that.  But it's still a heck of

                 long time for a 15-year-old who leaves the

                 youth facilities at 18 to be spending doing

                 hard time in a state penitentiary.

                            Now, our laws have called for young

                 people, children, young teenagers to be

                 treated differently as adults across the

                 board.  What this bill does is do an end run

                 around the juvenile offender law and just

                 makes the decision to start treating more

                 young people virtually like adults in the

                 criminal justice system.  Well, maybe that is

                 what we want to do.  Maybe we want to treat

                 all 15-year-olds like they're adults.

                            If that's what we want to do, then

                 let's put it on the floor to do that for all

                 15-year-olds.  Then let's go back to Dickens.

                 Let's put in workhouses for kids if that's

                 what we want to do.  But let's at least have a

                 debate on that.  Let's not just make an end

                 run and change the rules around for one

                 circumstance for a 15-year-old, for one

                 15-year-old, for one case.  Let's have the

                 guts to do it across the board for all

                 juveniles, and then let's see what happens



                                                        1967



                 when we wake up in the morning after having

                 done that.

                            So I ask my colleagues, don't vote

                 for this.  Don't make a special exception to

                 our juvenile justice laws.  You want to change

                 our juvenile justice laws, then let's change

                 our juvenile justice laws.  But let's not make

                 an end run around them.  Let's not just do it

                 for one particular case, horrible though it

                 may be.  That's not how we should make our

                 laws in this state.  I urge you to vote no on

                 this.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Duane.

                            Does any other member wish to be

                 heard on this bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:



                                                        1968



                 Senator Maziarz, to explain your vote.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.  To explain my vote.

                            I want to disagree with my

                 colleague Senator Duane.  I want to

                 congratulate and thank Senator McGee for

                 bringing this bill before us today for a vote.

                            Actually, Senator Duane is one

                 hundred percent wrong.  The better bill, the

                 better bill was the bill that we passed last

                 year to make 14-, 15-year-olds responsible for

                 their actions.

                            Senator Duane should have sat in a

                 living room, like Senator Brown and I did,

                 with the mother of Jennifer Bolender and heard

                 what a 14- and a 15-year-old did to her

                 daughter.  It's not about the one case that's

                 mentioned in the bill memo.

                            Senator Duane should have sat in

                 that living room like Senator Brown and I did

                 and talked to that mother about a 14-year-old

                 and a 15-year-old who almost cut her

                 16-year-old daughter's head off, cut her eyes

                 out, because they were afraid she was still

                 alive and they didn't want her to be able to



                                                        1969



                 identify them.  Went back a second time to

                 make sure, did even more heinous things to her

                 to make sure that she was dead.  That was done

                 by a 14- and a 15-year-old.  Senator Duane

                 should have sat in a living room like Senator

                 Brown and I did.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Maziarz.

                            Senator Volker.

                            SENATOR VOLKER:    Have Pat speak

                 first, please.

                            ACTING PRESIDENT MORAHAN:    Well,

                 I was going to ask the sponsor to close.

                            SENATOR VOLKER:    Actually, we're

                 on a roll.

                            I just wanted to say quickly,

                 Senator Duane, you couldn't be more wrong.

                 And I don't agree with you at all that all

                 youths -- and by the way, your 17-year-old was

                 not right.  Pat, Senator McGee, was right.

                 You're wrong.  And I was here when we changed

                 the law.

                            It was partly in response to a

                 young kid, as you call them, a fellow who



                                                        1970



                 killed 14 people by the time he was 15 years

                 old.  And, you know, having dealt with some of

                 the so-called young people that need treatment

                 it's pretty hard to treat somebody who just

                 murdered 14 people and admitted to it in open

                 court.

                            The problem is that we have some

                 so-called youths who are so vicious and so

                 beyond help that they're worse than adults in

                 some ways.  And the law has recognized that on

                 a very limited basis.  We certainly don't want

                 to deal with all youth -- they're not

                 children, by the way -- all youth, because

                 some of them are much more than children.

                            But what Senator McGee is doing

                 here, and I commend her for it, she was the

                 one who had a bill that would go to 13.  Now,

                 Assemblyman Joe Lentol, in his -- in his

                 intelligence, was able to get this through the

                 Assembly, and I commend him for doing that, so

                 that we could have an agreement on this bill

                 that has been around for a number of years.

                 It was called Penny's Law.  And Senator McGee

                 has been fighting for this for many years.

                            The individual who was involved in



                                                        1971



                 the killing that this bill talks about was

                 14 years old.  And the horror that the family

                 went through was such a comparatively minor

                 penalty, it's something that I don't think you

                 want to go through and I really don't think

                 any parents really want to go through.

                            The problem is here this is about

                 justice.  And you may call it a very limited

                 area, and it is a limited area.  We certainly

                 don't want to do this if we have a real

                 so-called child.  That's not what's happening

                 here.  Violence is the kind of thing that we

                 must deal with, whether it's a 13, 14, 15, 16,

                 17, whoever it is.  And Senator McGee, in this

                 bill, is dealing with it.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Volker.

                            Senator Montgomery, to explain your

                 vote.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, to explain my vote.

                            I'm very sorry to hear that the

                 bill has already passed the Assembly -- I

                 didn't realize that -- and that there is an

                 agreement and it is going to be law.



                                                        1972



                            This is a sentencing bill for

                 13-to-16-year-olds, simple as that.  And so we

                 can rush and do this -- it took a few years,

                 but we're still doing it -- before we pass the

                 budget, a budget which proposes that we have

                 no funding for after-school programs, no

                 funding for summer youth employment programs,

                 no funding for mental health services,

                 especially to young people, no funding for

                 school-based health clinics.

                            So while we pass a sentencing law

                 for 13-to-16-year-olds, we at the same time

                 are proposing that we remove all or most, most

                 of the support services and resources for

                 young people in our state.  I think this is an

                 absolute outrage.

                            And I'm sorry, Senator McGee, I

                 must absolutely disagree with you.  We are

                 not -- this is not a bill to address criminal

                 activity by young people 13 to 16.  It is a

                 bill to increase the sentencing that they will

                 receive in any case.

                            And so while I am opposed to

                 heinous acts by any person at any age, I am

                 also opposed to doing an increase in



                                                        1973



                 sentencing for young people to be in prison

                 for longer periods of time without

                 rehabilitation and, in addition, to remove

                 resources so that they will have no other

                 choice except to be in prison for more years.

                            So I'm voting no on this

                 legislation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Montgomery, you will be recorded in

                 the negative.

                            Senator McGee.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            This truly is a great day.  I'm

                 going to be very pleased to be able to make a

                 call to Salamanca, New York, to talk to Penny

                 Brown's mother and father.

                            Penny Brown was a mother, a wife,

                 and a nurse.  And on Mother's Day, 1999, Penny

                 Brown took her dogs out for a walk.  And her

                 dogs came back, but Penny Brown did not come

                 back.  Her family found her on a path where

                 people walked, brutally beaten, brutally

                 raped, and murdered and strangled with one of

                 her dog's leashes.



                                                        1974



                            The individual who perpetrated this

                 crime was a teenager.  And unfortunately, the

                 lowest -- the highest minimum sentence that

                 the judge could give that young man was nine

                 years.  Nine years for the life of a woman who

                 was very productive in her community, who had

                 children of her own, doesn't seem quite right,

                 does it?

                            And when you hear the stories that

                 Senator Maziarz has talked about that took

                 place in his area, and talking to Senator

                 Brown, and talking to -- I believe there was

                 an incident in the city, the same type of

                 thing that happened with a juvenile who

                 commits an adult crime, then they need to take

                 the responsibility for those crimes that are

                 committed.

                            I really have to commend the

                 Assembly for looking at this bill and working

                 with this bill and the fact that we in turn

                 can negotiate with the Assembly and bring this

                 bill forward.  This is a bill that we have

                 worked on in this Senate for at least three

                 years.

                            And I would point out that to my



                                                        1975



                 knowledge there was only one negative vote

                 last year on a bill that was much stronger,

                 and I believe that was Senator Duane.

                            This is an excellent bill.  I

                 commend also the Assemblywoman from the 149th

                 Assembly District who carried the stronger

                 bill, did a great deal of work and background

                 for this bill.  I commend the Assembly.  And I

                 say thank you on behalf of Mr. and

                 Mrs. Lockwood and Mr. Brown and their

                 children.  Thank you for bringing this bill to

                 a vote and passing it in this house.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 379 are

                 Senators Duane, Montgomery, and Parker.  Ayes,

                 58.  Nays, 3.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you please call up Calendar Number 447.



                                                        1976



                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 447, Senator Johnson moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 8036 and substitute it

                 for the identical Senate Bill Number 4369,

                 Third Reading Calendar 447.

                            ACTING PRESIDENT MORAHAN:    The

                 substitution is ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 447, by the Assembly Committee on Rules,

                 Assembly Print Number 8036, an act making

                 appropriations for the support of government.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Johnson, an explanation has been

                 requested.

                            SENATOR JOHNSON:    Mr. President,

                 this bill appropriates $2.2 billion to various

                 state departments to pay our bills from

                 April 14th to April 127th, including payroll,

                 including Social Security, including homeland

                 security, criminal justice, Health Department,



                                                        1977



                 EPIC programs, federal funds for Medicaid

                 programs and unemployment benefits, among

                 other wonderful and worthy causes.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Johnson.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  If the sponsor would yield for

                 a question.

                            ACTING PRESIDENT MORAHAN:

                 Senator Johnson, will you yield for a

                 question?

                            SENATOR JOHNSON:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR SCHNEIDERMAN:    I note

                 that this extender runs for a longer period of

                 time than the previous extender.  Has there

                 been any effort made, as far as you're aware,

                 either in this house or by the Assembly or the

                 Governor, to contact any of the service

                 providers whose funding is affected by this

                 operation of the government through extenders

                 rather than budget legislation?



                                                        1978



                            SENATOR JOHNSON:    Senator, I

                 explained what's in the bill.  I can't explain

                 what's not in the bill.

                            Is that sufficient, or do you have

                 another question?

                            ACTING PRESIDENT MORAHAN:

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, on the bill.

                            ACTING PRESIDENT MORAHAN:    On the

                 bill.

                            SENATOR SCHNEIDERMAN:    My

                 question really was not directed at what was

                 in the bill or not in the bill, but what the

                 effect of the bill is.

                            And I think that the difficulty we

                 have now is that the Governor is defining what

                 is a bare-bones budget.  And we are starting

                 to hear, because we have undertaken, in our

                 conference, to contact service providers, we

                 have ascertained that in fact there is real

                 pain being caused.  There are services

                 stopping around the state.

                            The business of government is not

                 getting done here, and it is hurting people in



                                                        1979



                 our districts.  We have ascertained that in

                 the area of alcoholism and substance abuse,

                 60 percent of the service providers reporting

                 have had to access their lines of credit to

                 make payments that are not being provided in

                 these budget extenders.

                            We are making this situation worse

                 with the present piece of legislation that

                 we're considering now.  We have ascertained

                 that because of the lack of payment for

                 defense costs for the indigent, the Legal Aid

                 Society has advised us that if this

                 legislation passes without change they will

                 not be able to make their payroll on

                 April 25th.

                            There are capital projects all over

                 the state that are stopping, particularly, I

                 would note -- and this is of very great

                 importance to any of us who care about the

                 long-term economy of the state -- capital

                 projects at our institutions of higher

                 education, including York College, City

                 College, John Jay College, and Lehman College.

                            So our discussion over past

                 extenders where there seemed to be some lack



                                                        1980



                 of clarity as to whether or not anyone was

                 actually being affected by the fact that we

                 were giving the Governor a rubber stamp on

                 these so-called bare-bones extenders, this is

                 causing real pain.  We are now at the point

                 where, by passing these bills, we're hurting

                 the people in our districts, we're hurting the

                 people all around the state who depend on us

                 to consider and pass budget legislation.

                            We have voted here -- I have voted

                 against the past extenders.  I think that the

                 information we are receiving with regard to

                 the present bill underscores the position that

                 Senator Paterson has taken and many people in

                 the Democratic conference have taken, that it

                 is simply wrong under the present

                 circumstances to rubber-stamp the Governor's

                 extenders.  We have to begin the process of

                 actually passing a budget, we have to raise

                 revenues, we have to provide funds for

                 critical programs.

                            Two weeks from now, if we adjourn

                 and we don't finish a budget and this extender

                 carries us through, there are going to be

                 millions of New Yorkers who are going to be



                                                        1981



                 hurt by our inability to confront these

                 issues.  I urge all of my colleagues once

                 again to vote no.  This is not the way to do

                 the business of government.

                            And we are learning every day of

                 the pain that's being caused.  And this is,

                 again, just based on the inquiries we've been

                 able to make.  I'm sure that there are other

                 problems out there that we are not aware of

                 and that will become apparent over the next

                 two weeks.

                            Let's vote no.  Let's do our job

                 and actually pass a budget.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Any

                 other Senator wish to be heard on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Senator Breslin, to explain his vote.

                            SENATOR BRESLIN:    Thank you, Mr.



                                                        1982



                 President.

                            This bill, as the one we took up

                 last week, is geometrically hurting

                 New Yorkers in healthcare and in education.

                 And we as a body must begin the process of

                 halting that.

                            And Democrats last week were

                 challenged by the Senate Majority to come up

                 with our own ideas, to make sure that we're

                 part of that process, with the Assembly and

                 the Senate, to bring to this state a fair

                 budget.  And we have transmitted to the

                 Majority our ideas on how we would increase

                 revenues to make sure that those people in

                 healthcare and those 735-plus school districts

                 in the State of New York are able to educate

                 our children.

                            And included among those proposals

                 have been to have a surcharge on the wealthy

                 of this state, to come up with over $2 billion

                 that we could help to restore in both

                 education and healthcare; and, secondly, to

                 strengthen the corporate franchise tax, which

                 has created so many loopholes as to not be

                 productive in collecting.



                                                        1983



                            And, thirdly, to decouple from the

                 federal bonus depreciation deduction, which

                 again would generate additional revenues to be

                 able to provide for placing monies back in for

                 education and healthcare.

                            Expand the Bottle Bill would be

                 fourth.  And, fifth, to broaden the sales tax

                 base.  There are many, many areas in the state

                 of New York -- charter flights, limousine

                 services -- that don't include a sales tax,

                 which in many respects are regressive because

                 of the exclusions that are there.

                            We've also coupled with that

                 proposals for cuts at agencies that will

                 benefit this state.

                            But again, working in a collegial

                 way with the Majority and the Democrats on

                 this side of the aisle, and working with our

                 brothers and sisters in the Assembly, we can

                 do as we should -- we can do as we should,

                 pass a budget that's fair and relatively on

                 time and provides the place-back of the

                 programs that all of us know are so critically

                 important to the people of the State of

                 New York.



                                                        1984



                            I cannot, though, in conscience

                 vote for the bill as it exists today.  And I

                 will vote no.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Breslin.  You will be recorded in

                 the negative.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 I vote no as well.

                            I think that none of us here in the

                 Minority would want to be responsible for

                 shutting down government, and none of us would

                 give the deciding vote to do that.  But we do

                 think it's important to register a protest at

                 this time that we are exacerbating the process

                 by going on and on when it's my belief that

                 every since April 1st we should have stayed

                 here every day in order to pass a budget.

                            I don't know that discontinuing the

                 payment of legislators makes much of a

                 difference.  I'm sure every legislator has a

                 salary or has pension funds or can go to a

                 bank to sustain themselves financially for a

                 long budget.  You've never seen candlelight



                                                        1985



                 vigils for the legislators that aren't getting

                 paid during the time that the budget hasn't

                 been passed.  You've never seen collections

                 being taken up for legislators who don't have

                 money during the time the budget is being

                 passed.

                            If you really want to make people

                 work on the budget and to expedite it, what

                 you do is you make sure everybody is here

                 every day, as they did, as we learned from our

                 colleagues in Washington in the federal

                 government during the impeachment hearings.

                 They wanted impeachment hearings to always go

                 quickly, they didn't want anyone to

                 overpoliticizes it, they had every day, they

                 had it done in two weeks.

                            And I suggest to you that there's

                 no man or woman who represents people that

                 wants to be away from their constituents for

                 more than a week and a half or so, and that

                 would expedite the process.

                            But since we didn't even try that

                 hard, since we voted an extender even two days

                 before, the day before the time period was

                 going to elapse, to me it's just an arrogance



                                                        1986



                 being shown about the process.  And I think we

                 could have stayed here and tried something

                 else.

                            Last week we were admonished a

                 little bit by Senator Balboni and Senator

                 Skelos, and it was a proper admonishment.

                 Here on this side of the aisle what we could

                 be doing instead of just lecturing everyone

                 else on what they're doing is to come up with

                 some proposals of our own.

                            And this week, in good faith, we

                 offer them for the consideration of the

                 Majority, who has worked very hard on this

                 budget process.  It was the Majority who needs

                 to be congratulated for putting out a whole

                 new plan earlier in the session for how it

                 might be expedited, and we congratulate them.

                            So what we've done is we've sent a

                 letter to Senator Johnson giving him some of

                 our ideas on how we could raise revenues to

                 help close the gap of the $5.6 billion in cuts

                 that have been scheduled.

                            Among them is the surcharge of

                 1 percent for those who make $300,000 a year

                 and 2 percent for those who make $500,000 a



                                                        1987



                 year.  If that money was to come back to the

                 state in terms of a tax, it would be

                 $2.2 billion into our economy.

                            If you make between $10,000 and

                 $27,000 a year, you pay 12.8 percent of your

                 gross salary back to the state in taxes.  If

                 you make between $27,000 and $64,000 a year,

                 you pay 11.4 percent back to the state in

                 terms of taxes.  If you make $300,000 a year,

                 you pay 7.1 percent of your annual salary back

                 in the form of state taxes.

                            This is not player-hating or

                 jealousy of the rich, this is just trying to

                 create a shared sacrifice, so that if we're

                 going to be having tuition increases of

                 40.4 percent, or families making $50,000 a

                 year losing $400 to create a sales tax for

                 items less than $110, or a subway and commuter

                 fare increase by the MTA, that we could make

                 sure that all New Yorkers share in it.

                            And if a person makes $500,000 a

                 year, we are asking them to pay a 2 percent

                 higher rate in taxes, because people who make

                 $500,000 a year who might be assessed a tax of

                 an additional $10,000 would get $3,800 back



                                                        1988



                 because of the coupling effect of the Federal

                 Income Tax Act of 2001.  That's really

                 revenue-sharing on the federal level.  So it

                 would be a contribution, but many of it would

                 be transposed from taxes already paid from the

                 federal government.

                            Now, we think it's a plan that

                 would really work and would be amenable to the

                 state.  But in our proposal we do something

                 that may have surprised you.  This is not the

                 tax-and-spend-Democrats that you may have been

                 familiar with in the past.  This is the

                 Democratic Party that recognizes that when you

                 have an $11.5 billion budget deficit, there

                 are going to have to be some cuts.

                            We think there will probably need

                 to be about $1.2 billion in cuts, and we've

                 come up with $700 million in cuts in our

                 proposal, and we're very specific about where

                 they come from.

                            And we're not going to get a pat on

                 the back from some of the corners of the state

                 that we're asking to make this sacrifice.  But

                 it's the way that we justify asking you, the

                 Majority, to go along with us on this tax



                                                        1989



                 surcharge, which will not kill jobs.  The

                 money from people who make over $300,000 or

                 $500,000 make every year does not create jobs.

                 Our survey shows that it is usually assessed

                 for travel or for out-of-state residences.

                 These are not revenues that inure back to the

                 state.

                            So what we're saying is we are

                 willing to recognize our responsibility, and

                 we hope that you'll see your way to

                 recognizing yours.

                            Regardless, we have certainly

                 answered the challenge and put forth what our

                 suggestions are to Senator Johnson, who is an

                 honorable man and I know, along with the other

                 members of the Majority, will consider them.

                            Our understanding is that right now

                 the Governor is not -- says that he's tired of

                 negotiating with the Legislature.  We're all

                 tired.  But we are going to keep trying and

                 we're going to keep working, because this is

                 our responsibility.  This is why we put our

                 name on the ballot, because we wanted the

                 tough challenges.  And we just wanted you to

                 know that our conference is willing to accept



                                                        1990



                 ours.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Paterson.

                            Senator Paterson will be recorded

                 in the negative.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 To explain my negative vote.

                            So much has been said, and I know

                 that the vote has already been taken.  But

                 just to highlight, because I know that

                 regardless of which side of the aisle you sit

                 on, if you are a Senator, you are concerned

                 about the fact that money is not being put

                 into these extender bills to assure that

                 ongoing services get provided at home in your

                 own districts.

                            And so I just want to highlight

                 again not only that I am voting a third week

                 in a row against an extender budget bill, but

                 also the way this is being handled this year

                 by the Executive chamber.

                            By this extender bill, compared

                 with emergency appropriation bills in 2002,

                 $1.9 billion in aid to education has not been



                                                        1991



                 appropriated in 2003.  This is in addition to

                 the $1.3 billion in March 2003 school aid

                 payments that have been held by the Governor

                 through June.

                            When you look at these monies in

                 combination, our school districts are now

                 losing $351,000 per day in interest costs.  We

                 have to move forward on the budget.  We cannot

                 continue with these types of extender bills.

                            So I hope some people here might

                 just reconsider if they voted for the bill

                 today, because it is so important for us to

                 send the message that we must move forward and

                 pass a new budget.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.

                            Senator Krueger will be recorded in

                 the negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 447 are

                 Senators Andrews, Breslin, Dilan, Duane,

                 Hassell-Thompson, L. Krueger, Lachman,

                 Montgomery, Onorato, Oppenheimer, Parker,



                                                        1992



                 Paterson, Sabini, Schneiderman, and Stavisky.

                 Ayes, 46.  Nays, 15.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Can you please

                 call up Calendar Number 448.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 448, Senator Johnson moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 8037 and substitute it

                 for the identical Senate Bill Number 4370,

                 Third Reading Calendar 448.

                            ACTING PRESIDENT MORAHAN:    The

                 substitution is ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 448, by the Assembly Committee on Rules,

                 Assembly Print Number 8037, an act relating to

                 the state's share of health insurance

                 premiums.

                            ACTING PRESIDENT MORAHAN:

                 Senator Schneiderman.



                                                        1993



                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            This is the companion bill to the

                 legislation that we just debated, and I would

                 urge all of my colleagues to vote no for the

                 same reason that applied to the predecessor.

                            The same arguments apply.  This is

                 no way to do business.  We should not break

                 for two weeks without passing something that

                 is a more realistic budget and taking into

                 account some of the proposals that have been

                 advanced today.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Schneiderman.

                            Any other Senator wish to be heard

                 on the bill?

                            The Secretary will read the last

                 section the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results when tabulated.



                                                        1994



                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 448 are

                 Senators Andrews, Dilan, Duane,

                 Hassell-Thompson, L. Krueger, Breslin,

                 Onorato, Parker, Paterson, Sabini,

                 Schneiderman, Stavisky.  Also Senator Lachman.

                 Also Senator Oppenheimer.  Ayes, 47.  Nays,

                 14.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MORAHAN:    There

                 will be an immediate meeting of the Rules

                 Committee in the Senate Majority Conference

                 Room.

                            Senator Onorato, why do you rise?

                            SENATOR ONORATO:    Mr. President,

                 there will be an immediate Democratic

                 conference in the Democratic Conference Room,

                 Room 314.

                            ACTING PRESIDENT MORAHAN:    There



                                                        1995



                 will be an immediate meeting of the Democratic

                 conference in Room 314.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Skelos.

                            SENATOR SKELOS:    If we could

                 return to reports of standing committees, I

                 believe there's a report of the Rules

                 Committee at the desk.  I ask that it be read.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bill direct to third reading:

                            Senate Print 4286, by Senator

                 Saland, an act to amend the Education Law.

                            SENATOR SKELOS:    Move to accept

                 the report of the Rules Committee.

                            ACTING PRESIDENT MORAHAN:    The

                 motion is to accept the report.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MORAHAN:    Those

                 recorded in the negative.

                            (No response.)



                                                        1996



                            ACTING PRESIDENT MORAHAN:    The

                 report is accepted, Senator Skelos.

                            SENATOR SKELOS:    Then would you

                 please call up Calendar Number 468.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 468, Senator Saland moves to

                 discharge, from the Committee on Education,

                 Assembly Bill Number 8023 and substitute it

                 for the identical Senate Bill Number 4286,

                 Third Reading Calendar 468.

                            ACTING PRESIDENT MORAHAN:    The

                 substitution is ordered.

                            THE SECRETARY:    Calendar Number

                 468, by the Assembly Committee on Rules,

                 Assembly Print Number 8023, an act to amend

                 the Education Law, in relation to adjournment

                 of school district elections.

                            SENATOR OPPENHEIMER:

                 Explanation.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, an explanation has been

                 requested.

                            SENATOR SALAND:    Thank you, Mr.



                                                        1997



                 President.

                            Mr. President, this is a bill which

                 a bit earlier this afternoon passed

                 unanimously in the Assembly.  What the bill

                 does is it takes the current statewide budget

                 adoption date, which May 20, extends it by two

                 weeks, taking it out to the 3rd of June.

                            And whereas, under the existing

                 law, the date by which school districts have

                 to adopt their proposed budgets is currently

                 April 26th, some 24 days counting back from

                 May 20th, which falls on a Saturday --

                 everybody has been using April 25th as that

                 last day -- what this does is it now counts

                 back 20 days from June 3rd, making the date

                 for budget adoption May 14th.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    If Senator

                 Saland would yield for a couple of small

                 questions.

                            ACTING PRESIDENT MORAHAN:

                 Senator Saland, will you yield?

                            SENATOR SALAND:    Yes, Mr.



                                                        1998



                 President.

                            ACTING PRESIDENT MORAHAN:    The

                 Senator yields.

                            SENATOR OPPENHEIMER:    One

                 question I have, Senator Saland, would be

                 would the election for school board members

                 also fall on the date of the budget vote?

                 It's not involved in this legislation.  You

                 know, the election for our board members is

                 the same date as our budget vote.

                            SENATOR SALAND:    Well, it is all

                 delayed.  There will not be two separate

                 votes.  There will be the one vote scheduled

                 for the 3rd of June.

                            SENATOR OPPENHEIMER:    Okay.  Oh,

                 and that was my -- if the Senator would yield

                 one more time.

                            ACTING PRESIDENT MORAHAN:

                 Senator, would you yield for one more question

                 from Senator Oppenheimer?

                            SENATOR SALAND:    Excuse me, I'll

                 put my glasses on so I can hear better.

                            Yes.

                            SENATOR OPPENHEIMER:    I'll have

                 to enunciate louder so your eyes will hear.



                                                        1999



                            I've seen two different dates.  One

                 was a June 1st date, one was a June 3rd.  I

                 guess they were two different pieces of

                 legislation.

                            But at any rate, you're now saying

                 the date is June 3rd?

                            SENATOR SALAND:    Yeah, the first

                 Tuesday in June, which is June 3rd.

                            And currently, not to confuse --

                 currently the third Tuesday in May, which is

                 May 20th, we're moving from the third Tuesday

                 in May, May 20th, to the first Tuesday in

                 June, which is June 3rd.

                            SENATOR OPPENHEIMER:    Thank you

                 very much, Senator.

                            On the bill, please.

                            ACTING PRESIDENT MORAHAN:

                 Senator Oppenheimer, on the bill.

                            SENATOR OPPENHEIMER:    Well, this

                 is a godsend and essential for those of us who

                 have to draw up budgets and present a proposed

                 budget, which is required by law, 20 or 24

                 days before we actually vote.

                            There is -- there is just an

                 enormous amount of information, basically



                                                        2000



                 funding information, that is lacking if we do

                 not have a budget in place in New York State

                 telling our school districts what they have.

                 This is an opportunity for us to work out our

                 differences in the next week or two and

                 therefore go back to our school districts and

                 say:  This is what you have, you don't have to

                 be guessing as to what your budgets will look

                 like.

                            I urge a yes vote.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Senator Alesi, you wish to be

                 recognized?

                            SENATOR ALESI:    Thank you, Mr.

                 President.  Just briefly on the bill.

                            ACTING PRESIDENT MORAHAN:

                 Senator Alesi, on the bill.

                            SENATOR ALESI:    I'd like to

                 commend Senator Saland for his efforts in

                 bringing forth a reasonable approach that will

                 be of great assistance to our local school

                 districts, especially in the shadow of the

                 delayed budget process that we're continuing

                 to endure here in the state's capital.



                                                        2001



                            The taxpayers and the citizens of

                 this state rely to a very large extent on

                 those elected school board members and their

                 superintendents to put forth budgets that are

                 reasonable and make sense.  So through Senator

                 Saland's efforts, this will enable them to

                 have some additional time and, at least in the

                 case of the Fairport School District, which I

                 represent, will give them the time that they

                 have been looking for in their efforts as

                 well.

                            So I'd like to congratulate Senator

                 Saland and thank him for his hard work on this

                 bill.  I'll be voting yes.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Alesi.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 I'd like to join Senator Alesi in

                 congratulating Senator Saland on this piece of

                 legislation, and to also thank him because on

                 April 2nd I held a press conference at which I

                 was offering a bill similar to this.

                            What my bill would have done was to

                 have given the school districts a second



                                                        2002



                 chance to vote on their budget, a chance to

                 incorporate further resources in their budget,

                 perhaps to rehire teachers, to revisit

                 programs that were cut.

                            Because the problem that both

                 Senator Saland and I were trying to address is

                 that we do not want school districts

                 negotiating in the dark.  We don't want them

                 guessing as to what the state budget should

                 be, especially when their product is not

                 revenues, their product is children.

                            And what we are very happy to see

                 with this piece of legislation is that with

                 the further two weeks to June 3rd, hopefully

                 we would have passed the budget by then.

                            I think when we're finished with

                 this, we do have to look at the long-term

                 problem that 19 years in a row we haven't

                 passed a budget on time and that these school

                 districts, many of them are pilloried with the

                 fact that they can't figure out what direction

                 we're going and they basically have to guess.

                 And they'd better be right.  They'd better

                 low-ball where we think we're coming in.

                            So at the time that I held the



                                                        2003



                 press conference, I got the response back from

                 the Governor's office that I should spend my

                 time working on bringing the budget in on

                 time.  Well, I've tried for the 18 years that

                 I've been here.  I would think so has everyone

                 else.

                            If we know that there's a

                 reasonable possibility that the budgets are

                 going to be late, we should revisit the

                 opportunity to give these school boards a

                 second chance to lay out their plan and give

                 the public a second chance to ratify it.

                            For this year, I would think that

                 this is a good plan.  We have to remember that

                 the budget is already two weeks late, so the

                 school boards theoretically -- so the

                 districts have no less time, unless we were to

                 pass the budget tomorrow.  But still, it will

                 give them a greater opportunity to arrive at

                 an apt decision.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Paterson.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.



                                                        2004



                 President, is there a message from the

                 Governor on this at the desk?

                            ACTING PRESIDENT MORAHAN:

                 There's no message from the Governor.

                            SENATOR SCHNEIDERMAN:    Well, I

                 think in fact we have gotten a message from

                 the Governor.

                            If there is no message from the

                 Governor to bring Senator Saland's bill to the

                 floor in the proper manner, I think the

                 message from the Governor --

                            ACTING PRESIDENT MORAHAN:    Well,

                 it's not required, Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    -- to

                 substitute Senator Saland's bill for the

                 Assembly bill.

                            Speaking on the bill, I think we've

                 got a clear message from the Governor.  I

                 think, while I do prefer Senator Paterson's

                 approach, Senator Saland is addressing a clear

                 consequence of our inability to pass a budget.

                 It becomes apparent at this point that we may

                 have an unwilling participant in these

                 negotiations on the second floor.  And I hope

                 that the rest of the legislative leadership



                                                        2005



                 will follow Senator Paterson's and Senator

                 Breslin's examples of coming up with creative

                 solutions.

                            No message from the Governor?  I

                 think there's a very clear message from the

                 Governor.  And I think it is time for us to

                 undertake our constitutional obligation in the

                 absence of action from the second floor.

                            ACTING PRESIDENT MORAHAN:    Any

                 other member wishing to be heard on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 is there any housekeeping at the desk?



                                                        2006



                            ACTING PRESIDENT MORAHAN:    Yes,

                 there is.  We have a substitution, Senator.

                            SENATOR SKELOS:    Please make the

                 substitution.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Hannon

                 moves to discharge, from the Committee on

                 Judiciary, Assembly Bill Number 8021 and

                 substitute it for the identical Senate Bill

                 Number 4285, Third Reading Calendar 465.

                            ACTING PRESIDENT MORAHAN:    The

                 substitution is ordered.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President, I was erroneously recorded in the

                 affirmative on Calendar 448.  I would like to

                 be recorded in the negative.  Thank you.

                            ACTING PRESIDENT MORAHAN:    So

                 ordered, without objection.

                            SENATOR SKELOS:    Mr. President,

                 before we adjourn, on behalf of Senator Bruno

                 I'd like to mention that there will be a

                 conference of the Majority called off the

                 floor tomorrow.



                                                        2007



                            And there being no further

                 business, I move we adjourn until Tuesday,

                 April 15th, at 11:00 a.m.

                            ACTING PRESIDENT MORAHAN:    There

                 being no further business, the Senate stands

                 adjourned until Tuesday, April 15th, at

                 11:00 a.m.

                            (Whereupon, at 6:10 p.m., the

                 Senate adjourned.)