Regular Session - March 24, 2004
1350
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 24, 2004
11:10 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we please 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,
Tuesday, March 23, the Senate met pursuant to
adjournment. The Journal of Monday, March 22,
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.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Morahan,
from the Committee on Elections, reports the
following bills:
Senate Print 95A, by Senator
Maltese, an act to amend the Election Law;
1383, by Senator Larkin, an act to
amend the Election Law;
And Senate Print 6492, by Senator
Morahan, an act to amend Chapter 92 of the
Laws of 2001.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills
reported direct to third reading.
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 Marchi, on
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page number 31 I offer the following
amendments to Calendar Number 515, Senate
Print Number 6160, 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.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Morahan, on
page number 35 I offer the following
amendments to Calendar Number 565, Senate
Print Number 3118, 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.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Meier, on page
number 32 I offer the following amendments to
Calendar Number 527, Senate Print Number 5736,
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.
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SENATOR FUSCHILLO: Madam
President, on behalf of Senator Meier, on page
number 32 I offer the following amendments to
Calendar Number 528, Senate Print Number 5737,
and ask that said bill retain its place on
Third Reading Calendar.
THE PRESIDENT: The amendments
are also received, and the bill will also
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: On behalf of
Senator Meier, on page number 32 I offer the
following amendments to Calendar Number 529,
Senate Print Number 5738, 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.
SENATOR FUSCHILLO: On behalf of
Senator Padavan, on page number 34 I offer the
following amendments to Calendar Number 552,
Senate Print Number 5117, and ask that said
bill retain its place on Third Reading
Calendar.
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THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Volker, on
page number 35 I offer the following
amendments to Calendar Number 561, Senate
Print Number 6321, 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.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there are four privileged
resolutions at the desk, by Senators Bonacic,
Skelos, Rath, and LaValle. I would ask that
their titles be read and move for their
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Skelos, Legislative Resolution Number 3910,
commending Dr. William H. Johnson upon the
occasion of his designation for special honor
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by the Rockville Centre Education Foundation
on March 27, 2004.
By Senator LaValle, Legislative
Resolution Number 3971, encouraging local
school districts to provide optional
vegetarian school entrees and encourage
nutrition education materials and instruction
to include information about healthy
multicultural and vegetarian eating options.
By Senator Bonacic, Legislative
Resolution Number 4041, honoring Jennifer M.
Gould upon the occasion of her designation as
recipient of the Fleischmanns Woman of the
Year Award on March 27, 2004.
And by Senator Rath, Legislative
Resolution Number 4042, honoring Bob Hettler
upon the occasion of his induction into the
New York State Basketball Hall of Fame.
THE PRESIDENT: The question is
on all of the resolutions. All those in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
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are all adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe I have a privileged resolution at
the desk. I would at this time ask that it be
read in its entirety and then move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 4021,
congratulating the 2003 RPI Engineers Football
Team and coach Joe King on their outstanding
season and overall team record.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play, and
team spirit, nurtured by dedicated coaching
and strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
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developing a sense of fair play and
competition; and
"WHEREAS, The 2003 RPI Engineers
Football Team posted a school record 11 wins
while making its first appearance in the
Division III National Semifinal game and
receiving its first Division III Lambert
Meadowlands Team of the Year Award; and
"WHEREAS, In the final national
rankings, the Engineers were listed in the top
10 in all three polls and ranked among the
leader in the nation in numerous statistical
categories, including passing offense, total
offense, and turnover margin, while
establishing over 50 school records; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Joe King and his team of
outstanding assistant coaches, skilled and
inspirational tutors, respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
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family, fans, friends and the community at
large; and
"WHEREAS, The hallmarks of the 2003
RPI Football Team, from the opening game of
the season to participation in the
championship, were a brotherhood of athletic
ability, of good sportsmanship, of honor and
of scholarship, demonstrating that these team
players are second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
"WHEREAS, Coach Joe King and his
dedicated staff have done a superb job in
guiding, molding and inspiring the team
members toward their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride, and
accomplishment, and Coach Joe King and his
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition at RPI; now, therefore, be it
"RESOLVED, That this Legislative
1360
Body pause in its deliberations to
congratulate the 2003 RPI Football Team, its
members -- Peter Herrick, Brock Gaspar, Flynn
Cochran, Anthony Martuscello, Brent Hanson,
Brad Williams, Dan Cole, Jai Echols, Joe
Gomez, Mike Defilippi, Grant Cochran, Tony
Couture, DeSean Moore, Ed Garcia, Justin
Milanese, Pat Hughes, Dylan Cooper, Dan
Stephens, Jimmy Motzkin, Frank Catallier,
Derek Gribulis, Sean Doran, Mark Byrne, Sal
Ferraioli, Tim Frame, Nick Taylor, Matt
Hackett, Matt McCue, Michael DeJulio, Anthony
Albano, Jay Bernardo, Chris Pierz, Collin
Adalian, Brett Perron, Kyle Speck, Dave
Pompei, Armin Warner, Scott Gallo, Honorio
Borba, John Dorsey, John Golden, Otis
Williams, Nick Fresina, Nick Foglia, Joe
Breininger, Mike Wagner, Anthony Casale, Greg
Giadone, Brandon Bradley, Dan Hitch, Mike
Innominato, Matt Merrow, Shawn Herrmann,
Eugene Aiken, Bob Perreault, Ray Noonan,
Julian Vela, Thomas Cocca, Jake Russell, Ian
McVey, Mike Scaringe, Pat Morse, Carl Harding,
Scott Loudis, Nick Barnes, Jeff Douglas, John
Bick, Dave Hansen, Matt Pisano, David Kenoyer,
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Zack Middleton, Bryan McWayne, Adam Van Horn,
Alex Keel, Joe Mandara, Dan Yanklowski, Jon
Branche, Mehul Brahmbhatt, John Krol, Ezequiel
Melo, Doug Teator, Graham Boyd, Dean Spitzer,
Jim Shanley, Sean Dewey, Bryan Cass, Matt
Verenini, Brett Kebea, Brad Morgan, Jeff
Connolly, Ramses Jiminez, Paul Russo, and Drew
Taranto -- and Coach Joe King on their
outstanding season and overall team record;
and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the 2003 RPI Football Team and to Coach Joe
King."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Thank you, Madam
President.
And I rise to welcome Dr. Shirley
Jackson, who is the president of RPI, Coach
King, all of the assistant coaches, and the
members of the RPI championship team that we
just heard described in this resolution that
we all know becomes part of the record and the
history of New York State.
Now, we are going to vote on this,
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and I will welcome any of my colleagues
joining in this resolution. Madam President,
I would suggest we add the names of all of our
colleagues unless any would like not to be
included.
I want to really not just talk
about this team, but RPI, which happens to be
in the 43rd Senatorial District that I have
the privilege and pleasure of representing.
And let me tell you, wherever I go, when you
mention RPI, it is always acknowledged as
outstanding, as excellent -- but never like
since Dr. Shirley Jackson has been there as
president.
So I want to just acknowledge we're
talking about leadership, we're talking about
togetherness, we're talking about teamwork.
And Dr. Jackson knows how to lead, she knows
how to put a team together, she knows how to
move continually towards excellence. The
first woman to get a Ph.D. in physics from
MIT, and possibly in the entire United States,
and headed up the Nuclear Regulatory
Commission as the chair.
Now, you talk about leadership and
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accomplishment. We congratulate you on that,
Dr. Jackson, and all the good things that you
are doing in this community, in this state,
and in this country as you provide the
leadership to move through the students that
move through to go out in the world and really
change the world.
And, Coach, Coach King, when you're
dealing with the athletes whose names we
heard, you have one challenge, because any one
of them are stars, any one of them, you know,
can excel, and any one of them can go off and
do their own thing. But it really takes what
you've got to bring them together to recognize
that winning is the way to go and you win
together, as a team.
And there isn't anything in life --
like Senator Flanagan, Senator Balboni over
here, there isn't anything that they can do or
any of us by ourselves. We can't pass a bill
in this house by ourselves, we can't do
anything. So what it takes is teamwork. It
takes supporting each other. And I thank you
for that. And I thank all of you for that.
This team, and I want you just to
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acknowledge, they won the regional finals in
the NCAA, and they averaged I believe it was
33.5 points a game against their opponents'
19. Do you know what's the most impressive
thing? They won the regional sections, I
believe for the first time, in a blizzard.
And if you ever saw what was going
on that day -- and I was home comfortably
watching you on TV. Okay? I think I was
having a beer. And it was really living
large. But I got to tell you, when I watched
them persevere, with their determination,
their stamina, their playing together in
literally a blizzard, that is excellence.
That's excellence. That's persistence.
And you know what? That same
determination, that same winning spirit, that
same going through adversity, that's what's
going to hold you in good stead throughout
your lives. That spirit that you have as you
go on through life, you will be the leaders
here in this state, in this country, and in
the world.
So we want to respect and honor
what you've accomplished here in this chamber.
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And we appreciate you taking the time, and
Dr. Jackson for leading this team, and Coach
King for your leadership and all the good
things that you do for young people, this team
and all of the people that go on through life
to accomplish the great outstanding things
that take place.
And I've got to say this to all of
you. Since Dr. Shirley Jackson has been
president, think about this, the largest
endowment, gift, to a college in the whole
world was bestowed on RPI. I believe the
number is something like $360 million.
Now, there's been a lot of
speculation about that anonymous donor. It
wasn't me. Okay?
(Laughter.)
SENATOR BRUNO: And nobody
thought it was me. And it wasn't a member
item.
(Laughter.)
SENATOR BRUNO: But there is
some, now, awareness that it's undoubtedly a
graduate from RPI who went on to excel and to
do the great things that people that get an
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education like that can get.
Now, you imagine the employees, you
imagine the paychecks, you imagine the
profits, you imagine the taxes to pay our
salaries that run this government as a result
of the excellence of the people that -- whose
lives you touch.
So we're indebted to you. Coach,
we're indebted to you. And we're indebted to
the whole team for doing all the great things
that you do. God bless you all.
Thank you, Madam President.
(Standing ovation.)
THE PRESIDENT: All those in
favor of the resolution please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Montgomery, do you wish to
be heard?
SENATOR MONTGOMERY: Yes, Madam
President. I would just like to thank the
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Majority Leader, Senator Bruno, for
acknowledging this wonderful institution.
There's just one small thing that
you left out that I would like to mention, and
that is Dr. Jackson is also from Texas. And I
am from Texas. So I am extremely proud to be
associated with such an esteemed woman who now
serves as president of RPI.
Thank you.
THE PRESIDENT: Thank you,
Senator.
The resolution is adopted.
Congratulations. Troy is my
hometown, and I'm very proud of what you've
achieved.
And, Dr. Jackson, not only have you
emphasized the intellectual with such
prominence and great achievement, but to
emphasize and be here to show respect for the
athletic achievement is something that we need
more of and more to see in our society.
As Senator Bruno mentioned, the
skills that you've used, not only in your
academic achievements but in your sports
achievements, will be successful with you
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through your life and through your career.
Congratulations and continued best wishes.
Any member who does not wish to
sponsor the last resolution please notify the
desk.
Senator Bruno.
SENATOR BRUNO: Madam President,
could I ask the chamber to acknowledge
Dr. Jackson.
Would you stand up, Shirley?
(Standing ovation.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
are there presently any substitutions at the
desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR BRUNO: Would you make
those substitutions at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 35,
Senator Kuhl moves to discharge, from the
Committee on Transportation, Assembly Bill
Number 3693 and substitute it for the
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identical Senate Bill Number 6542, Third
Reading Calendar 564.
THE PRESIDENT: The substitution
is ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we ask for an immediate meeting of the
Children and Families Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Children and Families
Committee in the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: Can we at this
time have the noncontroversial reading of the
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
100, by Senator Marcellino, Senate Print 783B,
an act to amend the Vehicle and Traffic Law,
in relation to issuance of distinctive plates
for Persian Gulf veterans.
THE PRESIDENT: Read the last
section.
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THE SECRETARY: Section 2. This
act shall take effect on the first of April.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
268, by Senator Golden, Senate Print 5748, an
act to amend the Public Health Law, in
relation to diagnostic and treatment center
indigent care.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
315, by Senator Spano, Senate Print 4806, an
act to amend the Executive Law, in relation to
providing.
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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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
367, by Senator Nozzolio, Senate Print 5954,
an act to amend the General Business Law, in
relation to the New York Motor Fuel Marketing
Practices Act.
THE PRESIDENT: 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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
379, by Senator Volker, Senate Print 5396A, an
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act to amend the Penal Law and the Correction
Law, in relation to the new crime of gang
sexual assault.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
401, by Senator Little, Senate Print 6066, an
act to authorize and direct the Commissioner
of General Services.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
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THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
433, by Senator Libous --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
454, by Senator Wright, Senate Print 1528, an
act to amend the Real Property Tax Law, in
relation to partial payment.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
472, by Senator McGee, Senate Print 2858, an
act to amend the Alcoholic Beverage Control
Law, in relation to mandatory license
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revocation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
537, by Member of the Assembly Stringer --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
433, by Senator Libous, Senate Print 2577 --
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SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Libous,
an explanation has been requested.
SENATOR LIBOUS: Thank you, Madam
President.
What this bill would do is help to
promote economic development in the Southern
Tier. It actually would transfer a piece of
property that is presently owned by the
Department of Transportation to the Broome
County Industrial Development Agency for the
purpose of development.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield.
THE PRESIDENT: Senator Libous,
will you yield for a question?
SENATOR LIBOUS: I would be
honored, Madam President, to yield to Senator
Krueger.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Appreciate the honor.
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Senator Libous, your bill is what's
called a two-thirds bill. And it's a
two-thirds -- it requires two-thirds of the
vote of each house of the Legislature because
it's actually a transfer of property from the
state to another entity under our
Constitution. And in this case it's a
transfer to an IDA, an independent -- excuse
me, an industrial development agency.
Unlike many of the other bills I've
looked through that were two-thirds bills and
that were related to transfer of property, it
doesn't lay out either the purpose of the
transfer, what it will be used for, what kind
of financial arrangements will be made in
exchange for this land. Could you help me
understand why this bill is different than so
many other two-thirds bills?
SENATOR LIBOUS: Yes, because --
Madam President, like many deals that I've
been involved in as far as bringing jobs or
economic development, at least in our
community, and I can only speak in ours, many
times it is a work in process. It is
something that you can't pin down at a certain
1377
point.
Let me try to, Madam President,
share with my colleagues and the Senator a
little bit about this project so that you can
be familiar with it.
The 10 acres has been abandoned, I
believe, since 2002, which is a former DOT
site. DOT has since moved away from that site
to another, larger site in another location
because they ran out of space. Abutting that
site is an empty factory, a factory -- a
company called Stowe Manufacturing. And I
believe that empty factory is about on a
15-acre site.
A local developer has had an option
on the property for some time. And there is a
company -- and unfortunately, Madam President,
I am not able at this time to divulge the name
of that company that is very interested in
developing the site. As a matter of fact, as
recently as this week, we reached out to make
sure that this thing was still alive.
Otherwise, there would be no purpose to bring
this bill before the house.
And that is something that we're
1378
hopeful that we can move forward on, because
if the option could be completed, if the IDA
can take access to the property, we believe
that we can have a nice development project
that hopefully will create some jobs in a city
that definitely needs it.
So, Madam President and Senator, I
think that the specifics are still being
worked out, but I'm happy to share, as I just
have publicly with you, as much as I can. And
I don't have the financials at this point in
time because they are not available.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would
continue to yield.
THE PRESIDENT: Senator Libous?
SENATOR LIBOUS: I would be happy
to.
THE PRESIDENT: He does yield.
You may proceed, Senator.
SENATOR LIZ KRUEGER: Thank you.
I appreciate your answers.
And again, let me put this in
context. My concern is in the role of IDAs
and the fact that we are transferring the
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land, which is the State of New York's or a
division of the State of New York's, to an
entity that does not have legislative
authority and may not even have to report to
their local legislative county legislature or
town legislature, that we're doing a transfer
of a valuable good through a middle entity
with perhaps not enough oversight.
And so my concern is broader than
just your bill. But certainly your bill
highlighted those concerns for me.
Again, for my understanding, does
the State Comptroller or any other state
agency have to approve the deal once the
Legislature passed this kind of bill?
SENATOR LIBOUS: I'm not aware of
that. I'm assuming it would have to go
through some sort of scrutiny through the
state.
Madam President, I don't know if
the Comptroller has to approve it. And maybe
our counsels could advise us on that. I'm not
sure.
SENATOR LIZ KRUEGER: Does the
State Commissioner of Transportation have to
1380
approve the transaction? Or if we pass
legislation, does the State Commissioner of
Transportation have no choice but to transfer
this land? Do they have a role in this?
SENATOR LIBOUS: It is my belief
that once the bill is passed that the
Commissioner of DOT can then enter into an
agreement with the IDA for the actual transfer
of the property.
SENATOR LIZ KRUEGER: Madam --
oh, excuse me, Mr. President. You changed
since I last looked up.
ACTING PRESIDENT MARCELLINO: I
lost some weight.
(Laughter.)
SENATOR LIZ KRUEGER: Very nice.
Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MARCELLINO:
Senator Libous, do you yield?
SENATOR LIBOUS: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
1381
On many transfers of land or land
that has been, as you described, used for
something else in the past, we have to be
concerned about remediation on hazardous
materials. Do you know who would have
responsibility in this type of situation for
the remediation, if any was needed on the
land?
SENATOR LIBOUS: Actually, that's
an excellent question. And probably, because
it was DOT property -- the land is clear for
sale now, but we believe that once you start
digging there may need to be some remediation
because of the trucks and different equipment
and opportunities or whatever that land was
used for.
The beauty of this is that the IDA
would be responsible and DEC would have to
sign off. And I think the Department of
Transportation is thrilled about that, because
they don't really want to pay for any cleanup,
if there is. And I believe they would love to
see someone else pay for that cleanup, and I
think the IDA is prepared to do that, in
conjunction with whatever they negotiate with
1382
the developer.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MARCELLINO: Do
you yield, Senator?
SENATOR LIBOUS: Absolutely.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Since, in this arrangement, rather
than the state selling directly to the
developer it would be the IDA with authority,
who sets the fair market value for the land
and actually evaluates whether this is a good
deal in the best interests of the people of
New York or of the Broome County area?
SENATOR LIBOUS: That's a very
good question. And I can only speak, Mr.
President and Senator, on the performance of
the Broome County IDA, because I have worked
with them over the last 16 years. And let me
tell you that their record has been
impeccable.
And I appreciate the Senator's
1383
concern, because there are some concerns
around the state with different industrial
development agencies and how they're
functioned and how properties are sold.
But it is my understanding that
they will go out for a fair market appraisal,
and that appraisal will then become a
negotiated appraisal that they'll use in
selling to the developer. Just like the -- I
believe the IDA will also take over the
industrial site that's empty, and they will
pay whatever the fair market price is for
that.
But that's how it has been done in
the past, and that's how I expect it to be
done under these circumstances.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor will
continue to yield.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
In your bill, Senator, it
stipulates that the transfer shall be to
advance some public purpose to be specified in
1384
the contract. And you described why you
couldn't provide details about the development
arrangement or who it was with.
I'm a little confused about the
public purpose if it's to a private developer
and how would we -- how should we interpret
that. Since it says it's for a public
purpose, but we're talking about a transfer to
a private developer with some amount of
money -- although unclear now what that amount
of money might be -- being moved into the IDA.
Where do we get to the public
purpose here?
SENATOR LIBOUS: The public
purpose, Senator, where I come from is
basically to create and generate new jobs.
That's how we worded it. That's what I
consider public purpose.
SENATOR LIZ KRUEGER: Senator
Libous, under -- excuse me.
Mr. President, if, through you, the
sponsor would yield.
SENATOR LIBOUS: Sure.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
1385
SENATOR LIZ KRUEGER: Thank you
very much.
Would the county legislature or
the -- I don't know whether the specific town
that this is in has its own town council or
what the local equivalent government -- will
they have a legal say in what is approved or
not approved once the IDA has control of the
property?
SENATOR LIBOUS: The way that the
Broome County Industrial Development Agency is
set up -- and I have a document here and,
Senator, I would also offer to you that you
can go up on their web page and they have a
nice breakout as to how they function and some
of the functions that they do.
What happens is the county
legislature in Broome appoints the governing
board of the IDA. And the IDA also has an
appointed attorney and counsel. And the board
has, under local statute, the authority to
make various decisions and investments and
transfers and buys up to certain limits. And
that's all documented, obviously, in their
bylaws.
1386
So once the county legislature --
who appoints each and every one of those
members, with the approval of the county
executive -- they basically are giving the
board members, through the chairman and their
vote, the opportunity to make whatever
decisions they need to make.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
SENATOR LIBOUS: Sure.
ACTING PRESIDENT MARCELLINO:
Senator Libous indicates he yields.
SENATOR LIZ KRUEGER: Thank you.
So as I understand it, while there
was a legislative role in picking who would be
on the IDA, the IDA would not have to go back
to local elected officials on a decision they
were making around this particular parcel of
land or whatever deal was transacted as far as
money for this land?
SENATOR LIBOUS: Mr. President, I
believe they don't. And I don't want to sit
here and verify -- again, I didn't expect to
stand before us today and debate the Broome
1387
Industrial Development Agency's bylaws or
whatever. And, Senator, I apologize.
But I don't believe they do. I
think once the board makes a decision, I think
they can move forward.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill, please.
ACTING PRESIDENT MARCELLINO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's answers.
And in fact, his answers highlight for me,
although it's not intended, why I have a
problem with this bill and in general with
many of the bills that come before us, either
to increase the number of IDAs or to give a
greater authority to IDAs.
And this bill stood out in
particular distinction to me today even in
relationship to Senator Little's bill, which
was also a two-thirds bill that we approved
today without stopping to debate it. And in
her bill, it specifically talks about what the
land is now, what it's going to be used for
after transfer, that a money transfer will go
1388
through an agreement with the town. It's for,
quote, the public good of expanding the
parking lot of a hospital in that community.
And while I would probably still
have some concerns about transfers in general
through IDAs, in this bill we don't know what
the land will be transferred for, we don't
know at what price, we don't know what the,
quote, public good or not therein is.
While I recognize that under our
own laws, IDAs then do generally have the
authority to make their own determinations
about the monies they get in exchange for
property or the right to make tax exemptions
or the right to do subsidies or PILOTs or any
number of powers that IDAs have, that in this
case what we are actually saying, if we pass
this bill, is that we, the State of New York,
own a piece of land, we are prepared to
transfer that land to an entity that is not an
elected body, and we are prepared to give that
body the authority to take the people's land,
so to speak, sell it for private development,
have no legislative oversight or elected, even
at the local level, role in deciding where the
1389
monies ought to go once they are collected, no
potential local -- again, absent the role of
local electeds in deciding who should be on
the IDA, no role in deciding whether in fact
they do think the use of that land would be a
public good or not.
There are developments that
communities may be thrilled with getting, and
there are other developments that communities
may be upset about. There are good neighbors
in private development, and there are
not-so-good neighbors in private development.
There are towns who are excited about
redevelopment of their downtown areas but very
upset when malls move in, and vice versa.
There's any number of issues that arise at the
local planning level when talking about taking
what is now government land and using it for
other purposes.
And my concern here is that we
don't have any of those answers to explain to
that town or to talk to that town, those
people, that county, about these issues. We
would be taking our authority and our
responsibility and vesting it in a local IDA.
1390
There would be no mechanism, we don't think,
for Comptroller oversight or other state
government oversight over the use of the land
or the spending of the money.
We don't know, although I did not
question the sponsor specifically on this,
whether the IDA might then also provide such
things as PILOTs or exemptions from local
taxes to that developer, which might translate
into what some people might believe on paper
is at least new tax revenue to the town,
something we understand all our towns and
counties are desperate for. That it might not
even translate into new tax revenue for the
town or locality. It might or might not,
depending on the option in the development,
provide for additional jobs. It might be for
companies that would compete with existing
jobs or existing stores.
I think my point here is there are
so many unknowns and there are so many
what-ifs in this model. And there's also,
unfortunately, as you said -- I have no
questions about Broome. I have never heard of
any conflicts of interest with the Broome
1391
County IDA. But there have been conflicts of
interest with other IDAs.
Only yesterday the Albany
Times-Union reported on some very questionable
arrangements with a local IDA about having --
or the Times-Union says, this has not been
proved, that the IDA used funds to pave a
NASCAR speedway, repave a NASCAR speedway,
$380,000 paid for a private car racing
operator to repave their speedway.
Some might argue it's the public
good versus private good. Some might argue
differently. For me, though, a question is
who is overseeing those kinds of questions,
who is making determinations about whether
that's a good use of $380,000 of public money
or not.
And because it too went through an
IDA with some state transfer of dollars back
and forth for this, there was no legislative
oversight, there was no outside oversight.
And I think there's serious and reasonable
scrutiny that should be applied to that kind
of arrangement.
And unlike many other IDA bills
1392
that have come before this house, or
two-thirds bills, we don't have the details to
even be able to say we believed we were making
an evaluation at X time that it was for this
purpose at this cost for this good.
So I am urging my colleagues
actually not to vote for this bill because
there are too many unanswered questions. And
I think that even in the best intentions of
Broome County and the Department of
Transportation and the Broome County IDA, we
are opening ourselves up to exactly the type
of thing we ought not be doing in the State of
New York. We ought not be giving away our
authority and our responsibility to protect
the people's interest, public land and dollars
in exchange for government-owned land.
We ought to try to come up with
models that ensure both good fiscal oversight
and responsibility and guarantee that
localities and their elected officials have
the ability to participate in the process, to
make their own local determinations on whether
they think a piece of land ought to be used
for this purpose or that purpose, whether it's
1393
a good deal for their county or their town or
not. And that we shouldn't be overriding
their local power or their ability to be
involved in this through this kind of
legislation.
I in fact would argue that we need
to have much stronger rules about the state's
oversight of public authorities, IDAs,
off-budget public corporations, for exactly
the same reasons I'm describing today on this
one parcel of land and this one issue. I
think we should have much more transparency,
much stricter standards, much greater
oversight when the state is either providing
incentives through tax deductions, tax
incentives, subsidies, or the passing along of
public land, because that's what this
situation is.
And in fact, while someone might
argue this might not be germane and I
didn't -- I'm not proposing it as an amendment
to your law today, I have introduced a Senate
bill, 5921, corporate accountability for tax
expenditures and other government subsidies.
And I hope that my colleagues might take a
1394
look at my bill at some point in time and be
willing to discuss it with me, privately or on
the floor.
Because I think, regardless of
party and regardless of house, in this state
there is a recognition -- and certainly
Comptroller Hevesi's recent report on Empire
Zones and public authorities has helped to
highlight some of those concerns -- that we
really need to be doing a better job of
self-policing our own models for distribution
of government goods to the public.
So I will vote against this bill,
and I hope at least I have brought some new
concerns to the floor about how we approach
the issues of IDAs and other government
off-budget authority arrangements.
So I will be voting no and hope my
colleagues will vote no.
Thank you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery, why do you rise?
SENATOR MONTGOMERY: Yes, Mr.
President. I certainly agree with the issues
that my colleague Senator Krueger has raised.
1395
And I just would like to ask the sponsor a
question.
ACTING PRESIDENT MARCELLINO:
Senator Libous, do you yield to a question
from Senator Montgomery?
SENATOR LIBOUS: Sure do.
ACTING PRESIDENT MARCELLINO: The
Senator yields.
SENATOR MONTGOMERY: Thank you.
Senator Libous, I have, visiting
our chamber today, a group of young people,
the George Henry Murray Academy. And they are
from my district in Brooklyn. And as you
know, I represent the borough of Brooklyn in
New York State.
And I see that you are -- your
legislation refers to Broome County. Could
you be specific -- Broome County, where would
that be in our state, Senator Libous?
SENATOR LIBOUS: Thank you. Mr.
President and Senator Montgomery, I would --
first of all, it's nice to have your group
with us today.
And I would be more than happy to
share with them that Broome County is in the
1396
Southern Tier of New York State. It borders
Pennsylvania. My home, as a matter of fact,
is about 3 miles from the Pennsylvania border,
where I live in the city of Binghamton, which
is the seat, the city that is the main hub of
the county of Broome. It also borders Chemung
County, which is -- or Tioga County, I mean,
which is to the west; Chenango County, to the
north; and Delaware County, to the east.
SENATOR MONTGOMERY: Thank you,
Senator Libous.
So it is my understanding that if
Binghamton --
ACTING PRESIDENT MARCELLINO:
Senator Montgomery, are you asking the Senator
to yield?
SENATOR MONTGOMERY: Mr.
President, through you, may I continue to ask
Senator Libous -- if he will continue --
ACTING PRESIDENT MARCELLINO:
Okay, we'll go on with more of the geography
lesson. Go right ahead.
SENATOR MONTGOMERY: Thank you.
Senator Libous, for the sake of
clarification here, so your legislation is an
1397
attempt to bring some economic development
activities to an area of our state near
Pennsylvania, but certainly still in New York
State, to the city of Binghamton?
SENATOR LIBOUS: That is correct.
This site is actually in the city of
Binghamton, and it would bring additional jobs
to our state that we desperately need.
SENATOR MONTGOMERY: Thank you.
Senator, I want to thank you for
your responses. And since I'm from Brooklyn
and I have similar issues, I wanted you to
know that I too am very concerned and
interested in the fact that we need to bring
jobs to our localities. I would like to be
able to do the same for Brooklyn.
And so I'm going to support your
legislation.
SENATOR LIBOUS: Thank you.
ACTING PRESIDENT MARCELLINO: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
1398
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Krueger recorded in the negative.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
537, by Member of the Assembly Stringer,
Assembly Print Number 9837, an act to amend
the Education Law, in relation to
instructional materials.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos, that completes the
controversial reading.
SENATOR SKELOS: Mr. President,
if we could go to reports of standing
1399
committees.
And if we could have the report at
the desk read at this time.
ACTING PRESIDENT MARCELLINO: The
Secretary will read the reports of standing
committees.
THE SECRETARY: Senator Rath,
from the Committee on Children and Families,
reports:
Senate Print 1916, with amendments,
by Senator Saland, an act to amend the
Domestic Relations Law;
4759A, by Senator Bonacic, an act
to amend the Social Services Law;
4984, by Senator Rath, an act to
amend the Social Services Law;
5245, by Senator Rath, an act to
amend the Family Court Act;
And Senate Print 5285, by Senator
Rath, an act to amend the Domestic Relations
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MARCELLINO: All
bills are ordered direct to third reading.
1400
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MARCELLINO: No,
we have no housekeeping, Senator.
SENATOR SKELOS: I believe
Senator Schneiderman has a motion at this
time.
ACTING PRESIDENT MARCELLINO: The
chair recognizes Senator Schneiderman.
SENATOR SCHNEIDERMAN: Could we
recognize Senator Montgomery first.
ACTING PRESIDENT MARCELLINO:
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like to be recorded in the
negative on Calendar 379.
ACTING PRESIDENT MARCELLINO: So
ordered.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I have a motion at the desk,
and I would like to have it called up at this
time.
ACTING PRESIDENT MARCELLINO: The
1401
Secretary will read.
THE SECRETARY: Senate Print
3837, by Senator Schneiderman, an act to amend
the Education Law.
ACTING PRESIDENT MARCELLINO:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
This motion is an effort to put on
the calendar a piece of legislation that I
think really is very, very difficult to
oppose. And unfortunately, while it has been
passing in the Assembly for the last few
years, it has been held up in this house. I
hope that this year we can change that.
The bill that we are seeking to put
on the Senate calendar today with this motion
would make emergency contraception available
without requiring that women go through the
current procedure of having to go find a
doctor, get a prescription, a specific
prescription, and take it to a pharmacy.
This is essential to providing
emergency contraception when it's needed.
We're talking about a product that is clearly
1402
safe, that clearly prevents pregnancy. And
for those who are opposed to abortions, it
prevents people from getting pregnant who
sometimes then have to get abortions.
It is a product that the FDA has
approved as a safe and effective means of
preventing pregnancy -- again, not as a means
of inducing abortion -- and it's something
that is more effective the sooner it is taken.
So what we're doing, by the Senate refusing to
pass this bill, essentially is forcing women
to become pregnant who don't want to become
pregnant.
And last year we passed a piece of
legislation that had also been held up for a
number of years, and Senator Spano sponsored
it, requiring that hospital emergency rooms
make emergency contraception available to rape
survivors. That was a great step. But there
are many, many other women who are being
denied this simple product and being prevented
from getting it by the procedures that are
imposed by New York State that could easily be
eliminated, as other states have eliminated
them.
1403
This house, the Senate, I'm sad to
say, is the only obstacle to passing this law
and saving many millions of dollars, saving
people's lives, and preventing many, many
pregnancies.
According to an article in the New
England Journal of Medicine, the use of
emergency contraception can prevent as many as
1.7 million unintended pregnancies that occur
each year in the United States, including as
many as 800,000 pregnancies which now result
in abortion. It's been proven to reduce a
women's risk of pregnancy by 75 percent if the
first dose is taken within 72 hours of the
failure of the regular birth control method or
unprotected intercourse.
Now, the key thing here is this.
Every hour counts. The procedure that we're
imposing doesn't prevent people from getting
emergency contraception. We haven't made it
illegal. We're just making it so hard to get
to that the time when it's most effective is
the time when it's not available.
Let's bring this bill to the floor,
let's get this fundamental provision on the
1404
books in New York State as it is in other
states. Let's follow up all of our rhetoric
about caring about women and protecting
women's lives.
And also, I would note, in a time
of fiscal crisis, let's pay attention to what
the Comptroller of the State of New York has
documented, in a report issued in November
2003, that improved access to emergency
contraception will save New York State more
than $450 million a year.
This is a fiscal issue, this is a
medical issue, and, fundamentally, this is a
moral issue. Women who do not want to become
pregnant when there's a safe product that's
available should not be prevented from getting
that product, should not be forced to become
pregnant because the Senate of the State of
New York refuses to put a bill on the calendar
that could alleviate this problem.
I urge everyone to vote yes, and I
hope we will pass this bill this year.
ACTING PRESIDENT MARCELLINO: All
those Senators in favor of the petition out of
committee please signify by raising their
1405
hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Connor, Duane, Hassell-Thompson, L.
Krueger, Montgomery, Onorato, Oppenheimer,
Paterson, Sabini, Schneiderman, A. Smith, and
Stavisky.
ACTING PRESIDENT MARCELLINO: The
petition is lost.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we stand adjourned until
Monday, March 29th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT MARCELLINO: On
motion, the Senate stands adjourned until
Monday, March 29th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:05 p.m., the
Senate adjourned.)