Regular Session - March 1, 2004
693
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 1, 2004
3:11 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
May I ask everyone present to
please rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by Father Peter
Young.
REVEREND YOUNG: Let us pray.
As we debate whether the lion or
the lamb for the first day of March, may we
continue to dedicate our Senate energies into
a bipartisan synergy of beneficial legislation
for our New York State citizens.
May today's bright sunshine lift up
our winter doldrums, and the spirits, to
create a new springtime of budding
opportunities that will flower into economic
growth and to self-esteem for our unemployed
and needy, homeless constituents.
May we provide them with an
opportunity of a living wage and paycheck so
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that they become a taxpaying citizen and will
become then a win-win for our New York State
constituents and for our state citizens.
We ask You this now, forever.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Saturday, February 28, the Senate met pursuant
to adjournment. The Journal of Friday,
February 27, was read and approved. On
motion, Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Saland,
from the Committee on Education, reports the
following bills:
Senate Print 2060, by Senator Kuhl,
an act to amend the Education Law;
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2255A, by Senator Seward, an act to
enact;
5324, by Senator Saland, an act to
amend the Education Law;
6155A, with amendments, by Senator
Saland, an act to enact;
And Senate Print 6156, by Senator
Saland, an act to enact the "Millbrook Central
School District public construction
flexibility demonstration."
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills reported directly to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Marcellino, I
move that the following bill be discharged
from its respective committee and be
recommitted with instructions to strike the
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enacting clause: that's Senate Print 5712.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FARLEY: Mr. President,
the following amendments are offered to the
following Third Reading Calendar bills:
Senator Maziarz, page 13, Calendar
194, Senate Print 5834;
Senator LaValle, page 18, Calendar
260, Senate Print 4428A;
Senator Balboni, page 20, Calendar
282, Senate Print 5439;
Senator Spano, on page 23, Calendar
307, Senate Print 2514B;
Senator Spano, on page 23, Calendar
Number 308, Senate Print 3129C;
And also on behalf of Senator
Spano, on page 24, Calendar 316, Senate Print
4812.
Mr. President, I now move that
these bills retain their place on the order of
third reading.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
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Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Cities Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Cities Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
8, by Senator Larkin, Senate Print 1382A, an
act to amend the General Municipal Law and the
Town Law, in relation to the continuation of
service.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 180th day.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
35, by Senator Maltese, Senate Print 89, an
act to amend the Penal Law, in relation to
clarifying the definition of physical injury.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
73, by Senator Alesi, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
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ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 556, an
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to the age
of child witnesses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
86, by Senator Volker, Senate Print 3127A, an
act to amend the Criminal Procedure Law and
the Family Court Act, in relation to the
duration of orders of protection.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
110, by Senator Marcellino, Senate Print 764,
an act to amend the Vehicle and Traffic Law,
in relation to the number of prior
suspensions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
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133, by Senator Volker, Senate Print 236, an
act to amend the Criminal Procedure Law, in
relation to sealing and other dispositions of
records.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
138, by Senator Balboni, Senate Print 518, an
act to amend the Civil Rights Law, in relation
to confidentiality of victims' and witnesses'
addresses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
151, by Senator LaValle, Senate Print 3041, an
act to amend the Social Services Law, in
relation to the return of a child to the care
and custody.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
173, by Senator Bonacic, Senate Print 5172, an
act to amend the Agriculture and Markets Law,
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in relation to prohibition of animal fighting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
174, by Senator Hoffmann, Senate Print --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
186, by Senator Trunzo, Senate Print 1368A, an
act to amend the Vehicle and Traffic Law, in
relation to the penalty for operating certain
commercial motor vehicles.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
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act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
205, by Senator Farley, Senate Print 1532, an
act to amend the Education Law, in relation to
authorizing the State University trustees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of April.
ACTING PRESIDENT MEIER: Call the
roll.
I'm sorry. Senator Farley.
SENATOR FARLEY: To explain my
vote. I want to speak just for a moment on
this bill.
This is a bill that goes back a lot
of years, when Senator Skelos was chairman of
Aging, when I was. Almost 50, close to 60
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members of the Senate are sponsors of it. It
has passed almost every year.
It was vetoed twice, by Governor
Carey and Governor Cuomo, both of which said
there should be a clause in there that you put
in. So I had to amend the bill to make it
palatable. And it's for nine hours.
Anybody that's not on it that
wishes to go on the bill, please -- I'm happy
to buck slip you.
This is a bill that will be perhaps
passed this year. It was held up for years in
the Assembly because Assemblyman Sullivan, who
you might remember, wanted it for CUNY. But
CUNY also was opposed to this.
This is a good piece of
legislation. At one time it was the
number-one piece of legislation for the
elderly in the State of New York. It allows
them to take a course for credit, up to nine
hours, on a space-available basis.
I'm confident that we can get it
through the Assembly this year, and I
appreciate the support of this body.
Thank you, Mr. President.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
221, by Senator Padavan, Senate Print 685, an
act to amend the Penal Law, in relation to the
piercing and branding of the body of a child
under the age of 18 years.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
2. Senators Duane and Schneiderman recorded
in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
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Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Thank you, Mr.
President.
There will be an immediate meeting
of the Civil Service and Pensions Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. With unanimous consent, I would
like to change my vote on Calendar Number 84
from a no to a yes, and on Calendar Number 151
from a no to a yes.
Something in the water today, Mr.
President.
ACTING PRESIDENT MEIER: Without
objection.
I'm sorry, Civil Service and
Pensions, immediate meeting in the Majority
Conference Room.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like unanimous consent to
change my vote from yes to no on Calendar 133.
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ACTING PRESIDENT MEIER: Without
objection.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to motions and resolutions,
I believe there's a privileged resolution at
the desk by Senator Saland. I ask that the
title be read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: Motions
and resolutions.
The Secretary will read.
THE SECRETARY: By Senator
Saland, Legislative Resolution Number 3665,
congratulating the nominees for the 2004
NYACCE Student of the Year Award.
ACTING PRESIDENT MEIER: On the
resolution, all in favor signify by saying.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
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resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
73, by Senator Alesi, Senate Print 2960, an
act to amend the General Municipal Law, in
relation to raising certain limitations.
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT MEIER: Senator
Alesi, Senator Liz Krueger has requested an
explanation of Calendar 73.
SENATOR ALESI: Thank you, Mr.
President.
This bill would simply recognize
that the current $20 million cap on IDA
financing of projects is low and it would be
beneficial to all parties involved to raise it
to $50 million from the $20 million that is
currently in place.
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Thank you.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield, please.
ACTING PRESIDENT MEIER: Senator
Alesi, do you yield for a question?
SENATOR ALESI: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator Alesi -- excuse me, through
the president -- the Comptroller's office has
recently put out a critique of and proposal
for changes in our public authority laws,
including IDAs and the overseeing of that.
The Governor himself has recently put out his
own proposal on public authorities and the
rules that apply to them and their governance.
I guess my question is, is this
really the right time for us to move forward
with an individual bill specific to IDAs and
their power to dramatically increase the
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dollar amount of bonds that they can issue, or
should we not wait and look at this in the
perspective of reform proposals being put out
there to the Legislature through a variety of
leaders in our state?
SENATOR ALESI: Thank you.
Through you, Mr. President, this
would be the wrong time not to do this. And I
believe in the old adage that he who hesitates
is lost.
So this is the most appropriate
time to do this, because we want to fan the
flames of our economic engine so that we can
continue to finance those projects that will
create jobs and improve the quality of life
for all New Yorkers.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Alesi, do you continue to yield?
SENATOR ALESI: Yes, Mr.
President. However, I'm having a little hard
time hearing Senator Krueger.
SENATOR LIZ KRUEGER: I'll try to
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speak up.
Mr. President, through you.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
This raises from $20 million to
$50 million the bonding authority. And it's
specifically for civic facilities, but I
assume pretty much we're talking hospitals
when we're talking about jumping above the
$20 million mark for bonds through an IDA.
And I'm just wondering how this
bill fits in with or what kind of overview
there is with this legislation for the issue
that we have in the state that sometimes our
hospital institutions are in fact
overcommitting themselves in capital
expansion, are unable, without turning it into
a fiscal crisis and needing to come back to
the Legislature -- are finding themselves
having overcommitted themselves from a bonding
perspective, and in some communities, although
there's a true mismatch in our state, in some
communities we may in fact have too much
expansion of hospitals, while in other parts
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of the state we clearly don't have adequate
hospitals at all.
And I'm wondering how the oversight
of the Department of Health factors into an
IDA having the ability, under your law, to
approve a $50 million bond for an individual
institution.
SENATOR ALESI: Thank you.
One of the benefits of dealing with
an IDA is the opportunity to deal at a local
level, as far as fundraising for these
projects is concerned.
The other part of that is that the
local IDAs are charged with qualifying the
project through feasibility studies,
et cetera, so that they can justify the sale
of bonds and funding.
So I believe that it is important
for us to recognize that that expertise which
exists at the local level shouldn't be
micromanaged by the Legislature, and our job
is simply to provide the mechanism -- which is
already in existence for the sale of bonds --
only by increasing the threshold. And if for
no other reason, recognizing that the cost of
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construction since the last time this was
raised has gone up.
SENATOR LIZ KRUEGER: Mr.
President, on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I want to thank the sponsor for his
answers to my questions.
And I understand that there are two
sides to this debate. And in fact, last year
I did vote for this bill. So I want to
clarify that I won't vote for it this year.
Not so much because I would claim
any specific history of problems with IDAs on
civic facility expansion, but because perhaps
I just finished reading the report of
Comptroller Hevesi, who highlights the history
of diverse problems we are having with our
off-budget authorities, including IDAs, and
the absence of a formal structure for review
and accountability and governance.
And I think that this is the time,
in 2004, for the Legislature to be actively
and proactively working to evaluate the models
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by which we give authorities to off-budget
entities where we allow those other than
elected officials to provide tax exemptions,
to provide bonding authority, for potentially
making decisions in one town or small
geographic area that might have positive or
negative consequences for the immediate area
around it or for the larger area of the state.
So in light of the fact that I do
believe it is time for us here in the
Legislature to be looking much more closely
and holistically at the approach we have taken
to granting, according to Comptroller Hevesi,
over 650 entities in the state with
independent status the powers to make
decisions like this, that this isn't the time
to move from the independence of a $20 million
cap to a $50 million cap.
And that in fact this bill
highlights for me just one example of why we
ought to be doing so much better a job at
oversight and due diligence in the context of
off-budget authorities such as IDAs.
So I will be voting no this year.
Thank you, Mr. President.
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SENATOR ALESI: Mr. President, if
I may.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: And I appreciate
the comments of my colleague, and I appreciate
Senator Krueger's past support of this bill.
And I think that that support was in keeping
with the intent, which is to help foster
economic development and job creation.
We have behind us now a major
thrust to fund projects, high-tech projects
which continue to cost more money. Hospitals,
as you correctly pointed out, have had some
overruns. But I think if we stop every time
somebody wants to have a research project or
do a study on everything that the Legislature
is doing, then we might as well all go home.
So I would urge the Senator to
reconsider her vote, although I doubt that she
will, with all due respect. It is vitally
important that we give everybody that has an
opportunity to build and create jobs in this
state the opportunity to have access to
capital.
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ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator L. Krueger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Education Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Education Committee
in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
174, by Senator Hoffmann, Senate Print 5297A,
an act to amend the --
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SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Hoffmann, an explanation has been requested.
Where is Senator Hoffmann?
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could lay
aside the bill temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
SENATOR SKELOS: And if we could
return to reports of standing committees, I
believe there's a report of the Cities
Committee at the desk. I ask that it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Maltese,
from the Committee on Cities, reports the
following bill:
Senate Print 6250, by the Senate
Committee on Rules, an act to amend the
General Business Law.
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Said bill ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills direct to third reading.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could take
up Calendar Number 353, Senate 6250, that was
just reported from the Rules Committee.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
353, by the Senate Committee on Rules, Senate
Print 6250, an act to amend the General
Business Law, in relation to veteran vendors.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
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is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there are two other
reports at the desk. I ask that they be read
at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
Senator Robach.
SENATOR ROBACH: Mr. President,
if we could return to Calendar 174, please.
ACTING PRESIDENT MEIER: Calendar
174. The Secretary will read.
THE SECRETARY: Calendar Number
174, by Senator Hoffmann, Senate Print 5297A,
an act to amend the Agriculture and Markets
Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Hoffmann, Senator Krueger has requested an
explanation of Calendar 174.
SENATOR HOFFMANN: Thank you, Mr.
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President.
This is an act that would amend the
Ag and Markets Law to allow farmers to sell
retail farm produce or products on their
farms. It's a relatively simple change. But
given the current situation where many farmers
would like to be able to sell on farm, it
simply puts in statute their right to do so.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield.
ACTING PRESIDENT MEIER: Senator
Hoffmann, do you yield for a question?
SENATOR HOFFMANN: Yes, Mr.
President, I'd be happy to yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Would this bill allow farmers to
butcher livestock on their farms to sell
through stores on their farms to consumers?
SENATOR HOFFMANN: That would
really require a separate license through Ag
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and Markets.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: If the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Hoffmann, do you continue to yield?
SENATOR HOFFMANN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: I
appreciate the clarification, Senator.
Because when I read your bill, I thought that
it listed animal products as well as produce
products for sale.
SENATOR HOFFMANN: That requires
a separate license which would have to be
obtained by a farmer.
This deals with the right to
have -- it's more of a zoning change that
would allow the retail operation as a farm
stand to be allowed without having separate
zoning requirements.
It doesn't deal with the specifics
of the products, it deals with the siting of
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the retail operation for farm products.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I believe that I have an
amendment at the desk. I would like to waive
reading.
ACTING PRESIDENT MEIER: Your
amendment is at the desk. The reading is
waived, and you now have the opportunity to
explain your amendment.
SENATOR LIZ KRUEGER: Thank you
very much, Mr. President.
And I appreciate the chance to
speak on the bill, because it's not per se my
concern about the bill that Senator Hoffmann
brings to us today, but rather my concern that
we have a situation in New York State, absent
a no-downed-animal law, that actually allows
animals that are too sick to walk on their own
feet to be slaughtered and brought to market
for food consumption.
Her clarification of her bill
perhaps raises whether this was the ideal bill
for me to bring this amendment on, because my
725
reading of her bill was in fact that absent
that new law, it would -- farmers could not
slaughter animals and sell them directly to
consumers. And she's explaining to me that
there is one additional step required in a
licensing process.
But I still believe my amendment is
germane to this issue, because the reality we
have in New York State today is that we have
animals that are technically too sick to walk
on their own legs to a slaughterhouse, and the
research nationally shows that animals that
are too ill to walk to a slaughterhouse are
much more likely to carry diseases that can
end up in the human population.
And I use as my example the recent
example of mad cow disease out of Washington
State and the fact that the U.S. Department of
Agriculture has passed regulations requiring
that in USDA-inspected slaughterhouses, downed
animals can no longer be moved into the food
supply.
But my concern is that here in
New York State, we don't have a law that
protects our consumers from the kinds of
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diseases that humans can get from eating sick
animals. And that in a situation where a
farmer would be slaughtering their own
livestock for sale for human consumption,
there is no USDA inspection process, there is
no review for the health of the animal from
the perspective of mad cow or other types of
illnesses that we know are in fact
transferable from a sick animal to a healthy
human being.
So my amendment would basically add
to Senator Hoffmann's bill my own bill, Senate
5735, which would state that animals too ill
to walk or stand could not be moved into the
human food supply and would have to be
humanely euthanized, rather than be moved into
the food supply or moved even from the farm to
the slaughterhouse.
So I'm hoping that my colleagues
will consider supporting me today in calling
for an amendment to the Senator's bill that
would provide for a downed-animal law in
New York State so that no New Yorker has to
fear that they could get sick from the meat
that they purchase, whether it is from a
727
supermarket that is likely to be purchasing
their products from a large slaughterhouse or
if they are purchasing from a local farmer or
farm in their area.
I will also state that there are
more and more people in the food industry, in
the meat industry, and on farms around this
country who are calling for and supporting
downed-animal legislation. A parallel bill
just missed being passed at the federal level
last year, and has been reintroduced -- in
fact, by Congressman Ackerman of New York
State.
I have testimony and documents from
a variety of actual animal breeders, cattle
associations, who are now supporting
downed-animal legislation. And in fact, most
of the fast food restaurants in this country
have now voluntarily taken the position that
they won't purchase meat products from
slaughterhouses that don't voluntarily operate
under a no-downed-animal law.
But I don't believe we can allow
this to continue on a voluntary basis,
particularly given the fact that we are now,
728
in this country, facing an actual case of mad
cow disease in our animal population. So I
hope my colleagues will join me in voting for
this amendment today.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Those
Senators in agreement with the amendment
please signify by raise your hand.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Duane,
Gonzalez, Hassell-Thompson, L. Krueger,
Onorato, Paterson, Sampson, Schneiderman,
A. Smith, M. Smith, and Stachowski.
ACTING PRESIDENT MEIER: The
amendment is lost.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes. If
we're back on the bill, I just would like to
ask the sponsor to yield for a question.
ACTING PRESIDENT MEIER: Senator
Hoffmann, will you yield for a question from
Senator Schneiderman?
SENATOR HOFFMANN: I will yield
for a question from Senator Schneiderman.
ACTING PRESIDENT MEIER: The
729
sponsor yields.
SENATOR SCHNEIDERMAN: Thank you.
Then a multipart question it shall be -- no.
Through you, Mr. President. I
followed the discussion with Senator Krueger
about the requirement for separate licenses.
My question simply is this. If a farmer sells
beef at a farm stand, is that meat product,
beef or any other animal product, under the
jurisdiction of and required to be inspected
by any authority, federal or state, to ensure
that mad cow disease or other infections are
not in the product?
SENATOR HOFFMANN: Yes.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, I certainly am anxious to
get out of here as quickly as anyone else, and
I appreciate brevity. But if the sponsor
could tell us whose jurisdiction it's under,
if it's federal or state.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: The United
States Department of Agriculture has
supervision over all meat processing plants,
730
large and small, within New York State, Mr.
President.
Another point of clarification.
There was a -- let me just anticipate one of
your other questions, because I listened to
some of the comments made by Senator Krueger.
And while it's not necessary to go into all of
the areas where it was not consistent with the
current law, I think the most important one
that we should reassure all consumers about is
the fact that the United States Department of
Agriculture, through Secretary Veneman, did
rule a number of weeks ago that there is no
downer meat allowed in any human food supply.
And I would also indicate, for the
record, that historically in New York State
that has always been the practice.
SENATOR SCHNEIDERMAN: I'd like
to thank the sponsor for her multipart
answers.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
Just briefly on the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
731
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Senator Hoffmann is correct, the
USDA has official oversight over all animal
products moving for human consumption in this
country. But that does not mean that USDA
inspects or has oversight to inspect every
location where animals are slaughtered and
brought to market.
So in fact, there are not USDA
inspectors going to non-USDA-inspected
slaughterhouses or farmers who are providing
individual butchering for particular companies
or stores. So I would still make the argument
we ought to have a downed-animal law in
New York State.
It is true that on a voluntary
basis, more and more farmers, more and more
slaughterhouses, more and more agricultural
trade associations are in fact urging their
members to follow the policy of not using
downed animals in human consumption meat.
However, the story is not over.
And in fact, the issues that are still being
raised of course are the use of downed animals
732
in products and by-products that are fed to
other animals or make get into the food system
in other ways, such as in gelatin products
that are made from animal products.
And I would again make the argument
that in New York State we should have a law
that states that downed-animal products cannot
be used in the food stream, whether it's
direct meat that you and I might be eating, or
food by-products, such as gelatin, where we
might not be aware that we're eating products
that were in fact produced from downed
animals. Or, in fact, also the issue of
by-products of downed animals going into
feeding of other animals, such as an example
where a dairy cow's remains might end up in
the feedlot of sheep or pigs.
So I would still argue what we
should be doing in this house is a
downed-animal bill.
And I will vote against this bill
today, not so much in objection to the
specific goal of ensuring that farmers have
the right to sell their products, which is an
important goal, but rather to make the
733
statement that New York State needs a piece of
legislation passed by both houses and signed
by the Governor that says no downed animal can
be used as a product in the food supply in the
State of New York.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 174 are
Senators Andrews, Hassell-Thompson,
L. Krueger, and Schneiderman. Ayes, 56.
Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane, why do you rise?
SENATOR DUANE: Mr. President, if
I could have unanimous consent to be recorded
in the negative on Calendar Number 73, please.
ACTING PRESIDENT MEIER: Without
734
objection, Senator Duane will be recorded in
the negative on Calendar 73.
Senator Andrews.
SENATOR ANDREWS: Mr. President,
I'd like to be recorded, with unanimous
consent, on Calendar 353.
ACTING PRESIDENT MEIER: You want
to be recorded in the negative, Senator?
SENATOR ANDREWS: Yes.
ACTING PRESIDENT MEIER: Without
objection, Senator Andrews will be recorded in
the negative on Calendar 353.
Senator Robach, that completes the
controversial reading of the calendar.
SENATOR ROBACH: Mr. President,
may we please return to reports of standing
committees. I believe there are reports at
the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Robach,
from the Committee on Civil Service and
Pensions, reports:
Senate Print 2101, by Senator
735
Marcellino, an act to amend the Civil Service
Law;
6150, by Senator Farley, an act in
relation to affecting;
And Senate Print 6214, by Senator
Robach, an act to amend the Civil Service Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
Senator Robach.
SENATOR ROBACH: Yes, Mr.
President. If we can momentarily stand at
ease pending the report of the Education
Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Education Committee.
(Whereupon, the Senate stood at
ease at 3:50 p.m.)
(Whereupon, the Senate reconvened
at 3:55 p.m.)
ACTING PRESIDENT MEIER: Senator
Robach.
SENATOR ROBACH: Mr. President,
736
may we please return to reports of standing
committees. I believe there are reports at
the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Saland,
from the Committee on Education, reports the
following bills:
Senate Print 4023A, by Senator
Saland, an act to amend the Education Law;
And Senate Print 5325, by Senator
Saland, an act to amend the Education Law.
Both bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Both
bills directly to third reading.
Senator Robach.
SENATOR ROBACH: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR ROBACH: Mr. President,
there being no further business, I move we
adjourn until Tuesday, March 2nd, at 3:00 p.m.
737
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, March 2nd, at 3:00 p.m.
(Whereupon, at 3:56 p.m., the
Senate adjourned.)