Regular Session - March 29, 2004

    

 
                                                        1415



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              March 29, 2004

                                 3:14 p.m.





                              REGULAR SESSION







            SENATOR ELIZABETH O'C. LITTLE, Acting President

            STEVEN M. BOGGESS, Secretary















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                           P R O C E E D I N G S

                            ACTING PRESIDENT LITTLE:    The

                 Senate will 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.)

                            ACTING PRESIDENT LITTLE:    The

                 invocation today will be given by Rabbi Shmuel

                 M. Butman of the Lubavitch Youth Organization,

                 Brooklyn, New York.

                            RABBI BUTMAN:    [In Yiddish.]  Our

                 heavenly Father, please bestow Your blessings

                 upon all the members of the New York State

                 Senate and their families.  Bless them,

                 Almighty G-d, with health, with prosperity,

                 and with much happiness and fulfillment in all

                 their endeavors.

                            It is nice to start this prayer

                 after the prayer that you have offered:  one

                 nation under G-d, indivisible.  And that is

                 exactly the theme of our prayer, that we're

                 all under G-d and we are assembled here today

                 in the time of the birth date of the Rebbe and



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                 we are celebrating the 102nd birthday of the

                 Rebbe.  And it was so nice of you to proclaim

                 102 Days of Education in honor of the Rebbe.

                            The Rebbe fought for education of

                 every child, regardless of race, of religion,

                 of color and creed.  The Rebbe fought to tell

                 every child that there is an eye that sees and

                 an ear that hears and that the world is not a

                 jungle.  And if we teach our children when

                 they are young, they are going to grow up to

                 be honorable and productive citizens of our

                 society.

                            You in the Senate of the great

                 State of New York, you are the ones who

                 legislate laws that govern society, laws of

                 justice, laws of honesty, laws of decency.

                 Through you, those laws have an effect over

                 the United States of America and, through the

                 United States of America as a superpower,

                 through the entire world.

                            So you in these chambers are

                 responsible in a very, very wonderful way, to

                 change the way we think, to change the way we

                 live so that our laws should be governed by

                 the laws of G-d -- laws of honesty, laws of



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                 decency, laws of appreciation and respect for

                 our fellow man.

                            The Rebbe teaches us that this is

                 the last generation of exile and the first

                 generation of redemption, and we can hasten

                 the coming of the great redemption by doing

                 more goodness and kindness.  That is exactly

                 what you institute.

                            And as I'm standing here before

                 you, I remember in 1991 when I opened, with a

                 prayer, a smaller chamber than this, the

                 United States Senate in Washington.  The Rebbe

                 told me to bring with me a pushkeh.  A pushkeh

                 is a charity box.  This charity box has the

                 form of Lubavitch World Headquarters on

                 Eastern Parkway in Brooklyn.

                            The Rebbe said, "Take with you a

                 pushkeh.  And when you are going to offer the

                 prayer, you should put in a dollar bill into

                 the pushkeh, and everybody should see what you

                 are doing and they should know what money

                 should go for."

                            The Rebbe wants us to do acts of

                 goodness and kindness.  By putting anything

                 into a pushkeh, we are doing another act of



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                 goodness and kindness.  And therefore, I would

                 like to continue and to fulfill what the Rebbe

                 asked me and give this bill on which it says

                 "In G-d We Trust" into this pushkeh.

                            Any one of you is welcome -- don't

                 get scared; this is not a fundraising

                 campaign -- but anyone is welcome to put in

                 anything into the pushkeh and to do an act of

                 goodness and kindness.

                            I also want to tell you that every

                 week on the Sabbath in our synagogues we offer

                 a special prayer for each and every single one

                 of you.  And we say the [in Yiddish]:  All

                 those who serve the public faithfully as you

                 do, Almighty G-d should give them their

                 reward.

                            This is our prayer then on the

                 Sabbath, and this is the prayer we're offering

                 today, that Almighty G-d should reward you for

                 all the good things and the wonderful things

                 that you do, with a lot of happiness and

                 fulfillment in your personal life as well as

                 in your communal life.

                            And before I end, I would like to

                 give you all a blessing that you should pass



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                 the budget successfully before April 1st.

                            Thank you.

                            ACTING PRESIDENT LITTLE:    Thank

                 you, Rabbi Butman, for your kind invocation

                 and good wishes.

                            Reading of the Journal.

                            THE SECRETARY:    In Senate,

                 Saturday, March 27, the Senate met pursuant to

                 adjournment.  The Journal of Friday, March 26,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT LITTLE:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.

                            The Secretary will read.

                            THE SECRETARY:    On motion of

                 Senator Bruno, the rules were suspended and

                 said bill ordered to a third reading:

                 Calendar Number 594, by the Assembly Committee

                 on Rules, Assembly Print Number 10176, an act

                 to amend the Vehicle and Traffic Law, in

                 relation to making technical amendments.

                            ACTING PRESIDENT LITTLE:    Without



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                 objection, direct to third reading.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            On behalf of Senator Spano, I wish

                 to call up Calendar Number 317, Assembly Print

                 Number 8752.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number



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                 317, by the Assembly Committee on Rules,

                 Assembly Print Number 8752, an act to amend

                 the Civil Rights Law.

                            SENATOR MEIER:    I now move to

                 reconsider the vote by which this Assembly

                 bill was substituted for Senator Spano's bill,

                 Senate Print Number 5136, on March 9th.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will call the roll upon

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            SENATOR MEIER:    I now move that

                 Assembly Bill Number 8752 be recommitted to

                 the Committee on Investigations and Government

                 Operations and that the Senate bill be

                 restored to the order of Third Reading

                 Calendar.

                            ACTING PRESIDENT LITTLE:    So

                 ordered.

                            SENATOR MEIER:    Madam President,

                 I now offer the following amendments.

                            ACTING PRESIDENT LITTLE:    The

                 amendments are received.

                            SENATOR MEIER:    Madam President,



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                 I move that the following bills be discharged

                 from their respective committees and be

                 recommitted with instructions to strike the

                 enacting clause:  Senate Bills 160, 162, 163,

                 164, 208, 388, 389, 390, 393, 394.

                            ACTING PRESIDENT LITTLE:    So

                 ordered.

                            Senator McGee.

                            SENATOR McGEE:    Thank you, Madam

                 President.

                            I move to recommit Senate Print

                 Number 207, Calendar Number 146 on the order

                 of third reading to the Committee on Children

                 and Families, with instructions to the said

                 committee to strike out the enacting clause,

                 on behalf of Senator Morahan.

                            ACTING PRESIDENT LITTLE:    So

                 ordered.

                            SENATOR McGEE:    Thank you.

                            ACTING PRESIDENT LITTLE:    Senator

                 McGee.

                            SENATOR McGEE:    Madam President,

                 I'd like to offer the following amendments to

                 the following Third Reading Calendar bills:

                            Sponsored by Senator Spano, page



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                 number 7, Calendar Number 122, Senate Print

                 5236;

                            By Senator Marcellino, page number

                 24, Calendar Number 431, Senate Print 761;

                            By Senator Marcellino, page number

                 29, Calendar Number 512, Senate Print 4524A;

                            By Senator Larkin, page number 31,

                 Calendar Number 535, Senate Print 1222A;

                            By Senator Skelos, page 35,

                 Calendar Number 582, Senate Print 6179;

                            By Senator Saland, page 28,

                 Calendar Number 485, Senate Print 5940;

                            By Senator Saland, page number 35,

                 Calendar Number 580, Senate Print 6144A.

                            Madam President, I now move that

                 these bills retain their place on the order of

                 Third Reading Calendar.

                            ACTING PRESIDENT LITTLE:    The

                 amendments are received, and the bills will

                 retain their place on the Third Reading

                 Calendar.

                            SENATOR McGEE:    Thank you, Madam

                 President.

                            ACTING PRESIDENT LITTLE:    Thank

                 you.



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                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there a substitution at the desk?

                            ACTING PRESIDENT LITTLE:    Yes.

                            SENATOR SKELOS:    If we could make

                 it at this time.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            THE SECRETARY:    On page 13,

                 Senator Balboni moves to discharge, from the

                 Committee on Veterans, Homeland Security and

                 Military Affairs, Assembly Bill Number 8130A

                 and substitute it for the identical Senate

                 Bill Number 5159, Third Reading Calendar 281.

                            And on page 18, Senator Velella

                 moves to discharge, from the Committee on

                 Labor, Assembly Bill Number 8018 and

                 substitute it for the identical Senate Bill

                 Number 108, Third Reading Calendar 343.

                            ACTING PRESIDENT LITTLE:

                 Substitutions ordered.

                            SENATOR SKELOS:    Madam President,

                 I believe there's a privileged resolution at

                 the desk by Senator Stachowski.  I ask that

                 the title be read and move for its immediate



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                 adoption.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Stachowski, Legislative Resolution Number

                 4100, honoring Loretta Kaminsky of Lou-retta's

                 Custom Chocolates upon the occasion of her

                 induction into the Small Business Hall of Fame

                 on March 30, 2004.

                            ACTING PRESIDENT LITTLE:    The

                 question is on the resolution.  All in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LITTLE:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LITTLE:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we can go to the noncontroversial reading

                 of the calendar.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number



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                 210, by Senator Marcellino, Senate Print 769A,

                 an act to amend the Navigation Law, in

                 relation to providing an exemption.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 216, by Senator Balboni, Senate Print 514, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to prohibiting civil actions

                 against victims of crime.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            SENATOR ADA SMITH:    Lay it aside.

                            ACTING PRESIDENT LITTLE:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 267, by Senator Skelos, Senate Print 5156B, an



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                 act to amend the Public Health Law, in

                 relation to prohibiting tongue-splitting

                 except by physicians and dentists.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 281, substituted earlier today by the Assembly

                 Committee on Rules, Assembly Print Number

                 8130A, an act to amend the Executive Law, in

                 relation to disaster contingencies.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.



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                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 546, by Senator Padavan, Senate Print 1054, an

                 act to amend the Vehicle and Traffic Law and

                 the Administrative Code of the City of

                 New York, in relation to the conversion of

                 abandoned vehicles by local authorities.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 550, by Senator Hoffmann, Senate Print 3596,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to authorizing the operation of

                 farm motor vehicles.



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                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 558, by Senator McGee, Senate Print 6136, an

                 act to amend the Highway Law, in relation to

                 designating a portion of the state highway

                 system.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The



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                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 563, by Senator Little, Senate Print 6336, an

                 act to amend the Highway Law, in relation to

                 designating a portion of the state highway

                 system in the city of Glens Falls.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 565, by Senator Morahan, Senate Print 3118A,

                 an act to amend the General Business Law, in

                 relation to the donation of articles of

                 clothing by certain dry-cleaning institutions.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.



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                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 578, by Senator Trunzo, Senate Print 6109A, an

                 act to authorize the Bayview Baptist Church,

                 Incorporated, hamlet of Mastic Beach.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.  Nays,

                 1.  Senator Bonacic recorded in the negative.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 579, by Senator Marcellino, Senate Print 6116,

                 an act to authorize the incorporated village

                 of Muttontown to discontinue the use of



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                 certain lands as parklands.

                            ACTING PRESIDENT LITTLE:    There

                 is a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 583, by Senator McGee, Senate Print 6183, an

                 act to amend the General Municipal Law, in

                 relation to authorizing municipalities to

                 contract with the state.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.



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                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 584, by Senator Little, Senate Print 6258, an

                 act to change the name of the town of Altamont

                 in the county of Franklin.

                            ACTING PRESIDENT LITTLE:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LITTLE:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT LITTLE:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 585, by Senator Wright --

                            SENATOR SKELOS:    Lay it aside for

                 the day, please.

                            ACTING PRESIDENT LITTLE:    The

                 bill is laid aside for the day.

                            Senator Skelos, that concludes the

                 noncontroversial reading of the calendar.

                            SENATOR SKELOS:    If we could go



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                 to the controversial reading of the calendar.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            ACTING PRESIDENT LITTLE:

                            THE SECRETARY:    Calendar Number

                 216, by Senator Balboni, Senate Print 514, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to prohibiting civil actions.

                            ACTING PRESIDENT LITTLE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Will you please

                 lay that aside for the day.

                            ACTING PRESIDENT LITTLE:    The

                 bill is laid aside for the day.

                            Senator Skelos, that completes the

                 reading of the controversial calendar.

                            SENATOR SKELOS:    Madam President,

                 would you please recognize Senator Lachman for

                 a short statement.

                            ACTING PRESIDENT LITTLE:    Thank

                 you.

                            Senator Lachman.

                            SENATOR LACHMAN:    Usually after

                 the Rabbi gives his invocation, Senator Marchi

                 and I say a few words -- unfortunately, we



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                 were both late today -- regarding the

                 Lubavitcher movement, which began in Eastern

                 Europe over a hundred years ago and brought

                 joy to the lives of many Jews who had suffered

                 oppression.  It then moved to the United

                 States in the 20th century and is now one of

                 the fastest-growing movements within Judaism.

                            Under the late Rebbe Menachem

                 Schneerson, of blessed memory, the movement

                 grew so large that it went into many

                 universities and colleges in America, offering

                 kosher food and prayer services to those who

                 would not have it in small-town American life.

                 This is one of their major achievements.

                            Another one of their major

                 achievements, which very few people realize,

                 is they have recently, over the last decade,

                 gone into Eastern Europe, once under the

                 dictatorship of communist countries, and have

                 reactivated Jewish living and Jewish learning

                 and scholarship.  What they are doing in the

                 field of education, as well as a vibrant

                 living Judaism, is remarkable and should be

                 commended.

                            Thank you.



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                            ACTING PRESIDENT LITTLE:    Thank

                 you.

                            Senator Marchi.

                            SENATOR MARCHI:    Well, I don't

                 believe I've attended an official function

                 unless we had the presence today that we have.

                 It's all meaningless.  I go back over the

                 years, and I agree with my distinguished

                 colleague of many years that this is the

                 binding that we were looking for, approvingly,

                 of our meeting here today, and he reflects, in

                 the activities that he pursues, over a

                 thousand years of -- it's even longer than

                 that, isn't it? -- of serving so loyally and

                 so well, spiritually, morally and in every way

                 that I can possibly think of.

                            So it's so good to have you here,

                 because otherwise we wouldn't be able to have

                 this function.  It would be an empty gesture

                 without your presence.  So we take heart by

                 the fact that you are here and with us and

                 celebrate this day for what it is.  It has a

                 very rich spiritual significance, one that we

                 have to take to heart.  And we do so with

                 enthusiasm, because I -- you know, it's almost



                                                        1438



                 60 years since I've been -- no, 50 years, I

                 should say, that I've been doing this.  But I

                 do it with so much elation and so much joy.

                 And your presence really makes it so.  It

                 wouldn't be the same without it.

                            So again, God bless you for being

                 with us, and we exult in the circumstances

                 that give us an opportunity to participate in

                 this event.

                            RABBI BUTMAN:    Thank you very,

                 very much.

                            ACTING PRESIDENT LITTLE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT LITTLE:    No,

                 Senator, there is no housekeeping at the desk.

                            SENATOR SKELOS:    Please recognize

                 Senator Krueger.

                            ACTING PRESIDENT LITTLE:    Thank

                 you.

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.

                            I believe I have a motion at the



                                                        1439



                 desk.  I'd like to have it called at this

                 time.

                            ACTING PRESIDENT LITTLE:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Krueger, Senate Bill Number 384, an act to

                 amend the Environmental Conservation Law and

                 the State Finance Law.

                            ACTING PRESIDENT LITTLE:    Senator

                 Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 Thank you, Madam President.

                            Well, today I am attempting to have

                 this house take up a bill that I think is

                 critical and timely and all of us, when

                 recognizing this issue, should be agreeing

                 that it is time to update and improve the

                 New York State Bottle Bill and redemption

                 system.

                            I have a bill, S384, that I hope my

                 colleagues will consider, and I will describe

                 it.  But in fact it is one of several pieces

                 of legislation that have been proposed in both

                 houses that would work to expand and improve

                 the successful New York State Bottle Bill,



                                                        1440



                 which is now over twenty years old.

                            My legislation would expand the

                 Bottle Bill to include deposits on

                 noncarbonated beverages, including water, ice

                 teas and other fruit-type juices; it would

                 increase the deposit on each container from 5

                 to 10 cents; and, perhaps most importantly, it

                 would collect unclaimed deposits and dedicate

                 them to the state's Environmental Protection

                 Fund to fund municipal recycling and waste

                 prevention programs and other critical

                 environmental needs at the local level.

                            New York State's Returnable

                 Container Act, better known as the Bottle

                 Bill, requires a 5-cent refundable deposit on

                 all beer, soda, and wine cooler containers

                 sold in New York State.  The measure was

                 enacted in 1982 to reduce litter and increase

                 recycling.

                            Since '82, the beverage market has

                 changed drastically, with noncarbonated

                 beverages such as bottled water, ice tea, and

                 sports drinks comprising an increasing market

                 share.  Furthermore, curbside recycling is now

                 mandatory throughout most of the state.



                                                        1441



                 Recent polls done by environmental groups show

                 that New Yorkers overwhelmingly support

                 expansion of the Bottle Bill to include

                 noncarbonated beverages -- 70 percent in a

                 recent poll.  In fact, 86 percent of those

                 polled urge unclaimed deposits be used for

                 environmental purposes.

                            Using unclaimed deposits now

                 retained by the beverage industry could be

                 used to benefit New York's environment, as has

                 been done in Massachusetts and Michigan.  In

                 fact, several other states have moved forward

                 recently.  Maine, California, and Hawaii

                 already have bottle laws that include water,

                 juice and other noncarbonated drink

                 containers.  Massachusetts has proposed a

                 similar measure.

                            Maine, Michigan, and Massachusetts

                 have already amended their law so the states

                 can keep their unredeemed deposits for

                 environmental purposes.  And according to

                 recent press reports, Michigan, which has a

                 10-cent deposit, now has a redemption rate of

                 90 percent.  In states without a bottle law,

                 containers are recycled at an average rate of



                                                        1442



                 only 40 percent.

                            The unclaimed deposits that could

                 be transferred to the Environmental Protection

                 Fund could again be used for recycling, waste

                 reduction, other important programs.

                            This existing law has already saved

                 taxpayers and municipalities the cost of

                 collecting and recycling or disposing of

                 beverage containers to the tune of nearly

                 $300 million saved in landfill fees since

                 1983.  Expanding our Bottle Bill to cover more

                 bottles and to retarget funds to the

                 Environmental Protection Fund would create new

                 jobs in the recycling and retail industries

                 and help New York's neediest citizens

                 supplement their income.  It would, it is

                 estimated, reduce litter by up to 11 percent.

                 Providing an economic incentive to redeem

                 containers increases recycling rates, reduces

                 litter, and minimizes stress on our landfills.

                            The Bottle Bill already has

                 diverted more than 5.2 million tons from our

                 waste stream over the past 20 years.

                 Expanding the Bottle Bill to include the other

                 types of bottles I described would



                                                        1443



                 dramatically help us even further decrease our

                 waste stream problems.  Boosting recycling

                 rates means fewer containers will be

                 landfilled or incinerated, more natural

                 resources will be conserved, energy will be

                 saved, and greenhouse gases reduced.

                            Recent surveys have shown that

                 nonredeemable containers make up nearly

                 two-thirds of the beverage containers piling

                 up on New York's shorelines, up to 11 percent

                 of all litter in some communities.

                            Helping to remove more bottles from

                 our waste stream will also reduce the amount

                 of broken glass on our playgrounds and in our

                 parks, resulting in fewer incidents of cuts

                 and lacerations, particularly among children.

                 Less litter and broken glass along our streets

                 and highways will mean less property damage to

                 farm equipment, livestock, and vehicles.

                            And bearing the cost of a product's

                 waste should be the responsibility, at least

                 partially, of the beverage producers and their

                 consumers, not taxpayers and communities.  The

                 Bottle Bill is a model for this kind of

                 sustainability.



                                                        1444



                            The Bottle Bill to date has been an

                 environment success story for New York, but we

                 can make it even better.  Proposals such as my

                 own would not only provide an additional

                 $170 million estimated new revenue each year

                 to go into local recycling and environmental

                 programs, but would reduce operating costs of

                 the localities that have curbside recycling

                 programs.  So we bring additional money into

                 the Environmental Protection Fund, and we

                 decrease outgoing costs on local

                 municipalities that operate recycling programs

                 today.

                            Adding noncarbonated containers to

                 the deposit system will help relieve

                 financially strapped curbside programs of an

                 expensive burden.  Just 7 percent of the

                 beverage market is noncarbonated beverages

                 sold in aluminum cans, the only curbside

                 material of real value.  More than 90 percent

                 of these noncarbonated containers are glass

                 and plastic bottles that we should be bringing

                 into the recycling system.

                            Again, I see this as a win-win for

                 the State of New York.  It's a win financially



                                                        1445



                 for our stressed budget; it puts money

                 directly into targeted programs at the local

                 level to help clean our environment; and it

                 decreases the environmental problems we're

                 already facing in the state.

                            I hope my colleagues will join me

                 in voting for my amendment today.

                            Thank you, Madam President.

                            ACTING PRESIDENT LITTLE:    Thank

                 you.

                            Those Senators in agreement with

                 the petition please signify by raising your

                 hand.

                            THE SECRETARY:    Those recorded in

                 agreement are Senators Andrews, Breslin, Diaz,

                 Dilán, Duane, González, Hassell-Thompson, L.

                 Krueger, Lachman, Montgomery, Onorato,

                 Oppenheimer, Parker, Paterson, Sabini,

                 Sampson, Schneiderman, A. Smith, Stachowski,

                 and Stavisky.

                            ACTING PRESIDENT LITTLE:    The

                 petition is lost.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 there being no further business to come before



                                                        1446



                 the Senate, I move we stand adjourned until

                 Tuesday, March 30th, at 3:00 p.m.  Thank you.

                            ACTING PRESIDENT LITTLE:    On

                 motion, the Senate stands adjourned until

                 Tuesday, March 30th, at 3:00 p.m.

                            (Whereupon, at 3:45 p.m., the

                 Senate adjourned.)