Regular Session - June 10, 2004
3477
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 10, 2004
11:04 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3478
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
morning to give the invocation is Rabbi Hirsch
Joseph Simckes, from Hollis Hills Jewish
Center in Hollis Hills, New York.
RABBI SIMCKES: June 10, 2004.
Five golden rules of effective political
leadership.
We remember with sincere respect
the life and achievements of past President
Ronald Reagan, who is being brought to his
final resting place this week. May his soul
find peace and his family, loved ones, friends
and fellow countrymen find comfort, healing,
and inspiration.
Let us pray.
Almighty God, may we learn from the
life of our departed past president, who rose
3479
from humble origins to the highest levels of
authority and responsibility in our blessed
land.
May he not have lived, laughed,
loved and led our country in vain; but,
rather, may we find illumination for our own
choices as we walk along the challenging
byways of government service by carefully
examining the path he chose and the decisions
he made.
Among other things, may we discover
our own golden rules of effective political
leadership, which might include the following
insights.
One, to get what we want done, we
often have to give others fair and equal
opportunity to get what they want done.
Two, artful and respectful
compromise, however, need not mean selling out
our basic principles or undermining our
fundamental values.
Three, adherence to moral
principles and ethical sensibilities are a
politician's most powerful weapons in his or
her own war for personal survival and the
3480
fulfillment of his or her constituents'
deepest needs and dearest dreams.
Four, in the ongoing struggle for
the achievement of our legislative and
political goals, we dare not take ourselves
too seriously. Our sacred and most precious
goals, oh, yes; ourselves, no. For we are all
but humble and flawed instruments, less than
perfect servants of a higher purpose beyond
our mortal and limited powers.
Five, above all, we must remember
to laugh often, forgive much, and turn the
lights out at the end of the day when we
return to our own families, spouses, children
and friends, for it is their love and their
respect and their unconditional acceptance of
who we really are, with all our mortal
weaknesses and human limitations as well as
our talents and our strengths, that truly
defines us and reenergizes us every day.
Without them, our true loved ones,
our work is hollow, our joy is shallow, our
lives are lonely, our courage is weak, and our
vision sometimes distorted. God bless them
every one, for enabling us to function every
3481
day, every week. They truly are the wind
beneath our wings. Without them, we falter.
With them, and perhaps because of them, we are
capable of soaring to new heights.
Government service is a rare
privilege. We thank You, Lord, for that
privilege and pledge ourselves for that
privilege to be forever grateful.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Wednesday, June 9, the Senate met pursuant to
adjournment. The Journal of Tuesday, June 8,
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.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
3482
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
Amendments are offered to the
following Third Reading Calendar bills:
The first two, sponsored by myself,
both on page number 22, Calendar Numbers 646
and 647, Senate Print Number 5929 and Senate
Print Number 5930;
By Senator LaValle, page number 40,
Calendar Number 1022, Senate Print Number
282A;
By Senator Morahan, page number 42,
Calendar Number 1039, Senate Print Number
6020;
By Senator LaValle, page number 44,
Calendar Number 1069, Senate Print Number
335A;
By Senator Maziarz, page number 44,
Calendar Number 1077, Senate Print Number
6152;
By Senator Balboni, page number 48,
Calendar Number 1169, Senate Print Number
3483
7134A.
I now move that these bills retain
their place on the order of third reading.
THE PRESIDENT: The amendments
are received, and the bill wills retain their
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Hoffmann, I
wish to call up Senate Print Number 7148,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
878, by Senator Hoffmann, Senate Print 7148,
an act authorizing the Town of Cicero.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
the following amendments.
3484
THE PRESIDENT: The amendments
are received.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Bonacic, I
wish to call up Senate Print Number 5172,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
173, by Senator Bonacic, Senate Print 5172, an
act to amend the Agriculture and Markets Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Larkin, I wish
3485
to call up Senate Print Number 5864, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
175, by Senator Larkin, Senate Print 5864, an
act to amend the Agriculture and Markets Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President. I would like to place a sponsor's
star on Calendar Number 811, Senate Print
Number 6076.
THE PRESIDENT: The bill will be
starred at the sponsor's request.
3486
SENATOR SEWARD: And also, Madam
President, yesterday Calendar Number 95,
S1487, passed while I was out of the chamber
at a meeting. And I would just like the
record to show had I been present, I would
have voted in the negative.
THE PRESIDENT: The record will
so reflect.
SENATOR SEWARD: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk.
If we could make them at this time.
THE PRESIDENT: Yes, there are,
Senator.
The Secretary will read.
THE SECRETARY: On page 7,
Senator Golden moves to discharge, from the
Committee on Rules, Assembly Bill Number 9833
and substitute it for the identical Senate
Bill Number 5898, Third Reading Calendar 203.
On page 21, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11083A and substitute it
for the identical Senate Bill Number 5972A,
3487
Third Reading Calendar 576.
On page 33, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11058A and substitute it
for the identical Senate Bill Number 6716A,
Third Reading Calendar 905.
On page 42, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9078B and substitute it
for the identical Senate Bill Number 5657,
Third Reading Calendar 1037.
On page 42, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9749A and substitute it
for the identical Senate Bill Number 6139,
Third Reading Calendar 1040.
On page 42, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10019B and substitute it
for the identical Senate Bill Number 6462,
Third Reading Calendar 1046.
On page 45, Senator Maltese moves
to discharge, from the Committee on Rules,
Assembly Bill Number 6619 and substitute it
for the identical Senate Bill Number 147,
3488
Third Reading Calendar 1087.
On page 54, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10814A and substitute it
for the identical Senate Bill Number 6772,
Third Reading Calendar 1262.
On page 59, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8394A and substitute it
for the identical Senate Bill Number 4972,
Third Reading Calendar 1336.
On page 68, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10902 and substitute it
for the identical Senate Bill Number 6747A,
Third Reading Calendar 1476.
And on page 71, Senator Golden
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10152 and
substitute it for the identical Senate Bill
Number 7373, Third Reading Calendar 1503.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
3489
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 556A, an
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to the age
of child witnesses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
303, by Senator Bruno, Senate Print 6023A, an
act to amend the Public Authorities Law, in
relation to extending.
THE PRESIDENT: There is a
home-rule message at the desk.
3490
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, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
337, by Senator Padavan, Senate Print 4258A,
an act to amend the Retirement and Social
Security Law, in relation to employment of
retired New York City Police and Fire
Department personnel.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3491
342, by Senator Bonacic, Senate Print 4443A,
an act to amend the Tax Law, in relation to
issuance of lottery sales agent licenses.
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: Those recorded in
the negative on Calendar Number 342 are
Senators L. Krueger, Padavan, and
Schneiderman. Ayes, 39. Nays, 3.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
345, by Senator Mendez, Senate Print 3444A, an
act to amend the Labor Law, in relation to
in-person assistance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
3492
THE PRESIDENT: Senator Krueger,
to explain your vote.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I vote for this bill because I
think it's a good proposal to ensure that
people who are applying for unemployment
benefits have the ability, when they have
language issues, when they have disability
issues, to actually go into an office and talk
to a person.
However, I want to note for the
record this bill should have had a fiscal note
attached, because clearly in the design of
this bill we would be completely reorganizing
the Department of Labor, who was recently
reorganized to do away with in-person office
arrangements for people applying for
unemployment benefits.
It's a one-house bill. I would
suspect that the Governor, if this passed both
houses, would probably veto the bill because
it would require a complete reorganization,
yet again, of the State Department of Labor.
So I vote for it because it's a
3493
good idea. But it's exactly the type of
legislation I think should be going through
(a) the budget process and much deeper
analysis before we move these types of bills
through the house.
Thank you, Madam President.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
366, by Senator Golden, Senate Print 5745C, an
act to amend the General Business Law, in
relation to cyber-cafes.
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, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3494
382, by Senator Skelos, Senate Print 6043B, an
act to amend the Penal Law and others, in
relation to prohibiting sex offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
458, by Senator Wright, Senate Print 6024 --
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
547, by Senator LaValle, Senate Print 1117A,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
THE PRESIDENT: Read the last
section.
3495
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
557, by Senator Rath, Senate Print 6131A, an
act to amend the Vehicle and Traffic Law, in
relation to restrictions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
573, by Senator Johnson, Senate Print 5895A,
an act to authorize the Calvary Chapel Church
to file applications.
THE PRESIDENT: Read the last
3496
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
613, by Senator Maltese, Senate Print 6478, an
act to amend the Labor Law, in relation to
expanding quota penalty provisions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
624, by Senator Larkin, Senate Print 1188, an
act to amend the Penal Law, in relation to
3497
obscene sexual performance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 10. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
635, by Senator Johnson, Senate Print 6557 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
663, by the Assembly Committee on Rules,
Assembly Print Number 10967, an act to amend
the Estates, Powers and Trusts Law, in
relation to the termination.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3498
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
676, by the Assembly Committee on Rules,
Assembly Print Number 11162A, an act to amend
the Private Housing Finance Law, in relation
to the powers of the New York State Housing
Finance Agency.
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, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
683, by Senator Fuschillo, Senate Print 6638,
an act to amend the General Business Law, in
relation to the practice of barbering.
3499
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
766, by Senator Rath, Senate Print 6738A, an
act to amend the Education Law, in relation to
the creation of school district child
nutrition.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
768, by Member of the Assembly Lopez, Assembly
3500
Print Number 5513, an act to amend the Family
Court Act, in relation to venue.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
775, by Senator Maziarz, Senate Print 6538, an
act to amend the Real Property Tax Law, in
relation to the procedure.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3501
791, by Member of the Assembly DiNapoli,
Assembly Print Number 3796, an act to amend
the Public Authorities Law, in relation --
THE PRESIDENT: Would the members
please take their conversations out of the
chambers, please. Thank you.
The Secretary will continue to
read.
THE SECRETARY: An act to amend
the Public Authorities Law, in relation to
rates charged.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
808, by Senator Seward, Senate Print 3312A, an
act to amend the Insurance Law, in relation to
accounting.
THE PRESIDENT: Read the last
3502
section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
809, by Senator Seward, Senate Print 4532A --
SENATOR MARCELLINO: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
872, by Member of the Assembly Morelle,
Assembly Print Number 10321, an act to amend
Chapter 912 of the Laws of 1920 relating to
the regulation of boxing.
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.)
3503
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
895, by Senator Golden, Senate Print --
SENATOR MARCELLINO: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
898, by Senator Little, Senate Print 6604, an
act to amend the Real Property Tax Law, in
relation to apportionment.
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, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
899, by Senator Little, Senate Print 6605, an
act to amend the Real Property Tax Law, in
3504
relation to valuation date.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
982, by Senator M. Smith, Senate Print 6685,
an act authorizing the City of New York to
reconvey its interest.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3505
1046, substituted earlier today by Member of
the Assembly Karben, Assembly Print Number
10019B, an act to authorize the Mt. Zion
Sanctuary of Rockland County.
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, 47. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1116, by Senator Trunzo, Senate Print 2259, an
act to amend the Penal Law, in relation to
unlawful sale of tobacco products to a child.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
3506
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1234, by the Assembly Committee on Rules,
Assembly Print Number 11104, an act to amend
the Social Services Law, in relation to
increasing the standards.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect December 31.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1284, by Senator Robach, Senate Print 6215A,
an act to amend the Civil Service Law, in
relation to granting leaves of absence.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3507
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1289, by Senator Robach, Senate Print 6397, an
act to amend the Retirement and Social
Security Law, in relation to additional
pension benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1321, by Member of the Assembly DiNapoli,
Assembly Print Number 10052, an act to amend
the Environmental Conservation Law, in
relation to requiring.
THE PRESIDENT: Read the last --
SENATOR MARCELLINO: Lay it aside
3508
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1323, by the Assembly Committee on Rules,
Assembly Print Number 10818, an act to amend
the Environmental Conservation Law and the
State Finance Law, in relation to the creation
of a venison donation account.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1439, by Senator Spano, Senate Print 2917B, an
act to amend the Education Law, in relation to
the funding of certain approved nonpublic
special education programs.
THE PRESIDENT: Read the last
section.
3509
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1451, by the Assembly Committee on Rules,
Assembly Print Number 10876, an act to amend
Chapter 841 of the Laws of 1987 relating to
the combined senior citizens services center.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1471, by the Assembly Committee on Rules,
Assembly Print Number 9072, an act to
legalize, validate, ratify and confirm certain
3510
actions of the West Valley Central School
District.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1473, by Senator DeFrancisco, Senate Print
Number 6526, an act to authorize the Town of
Camillus in the County of Onondaga.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
3511
THE SECRETARY: Calendar Number
1474, by Senator Wright, Senate Print 6616 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1475, by Senator Volker, Senate Print 6653, an
act to amend Chapter 689 of the Laws of 1993
amending the Criminal Procedure Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1477, by Senator LaValle, Senate Print 6849A,
an act to amend --
SENATOR OPPENHEIMER: Lay it
aside.
THE PRESIDENT: The bill is laid
3512
aside.
THE SECRETARY: Calendar Number
1478, by Senator Padavan --
SENATOR MARCELLINO: Lay it aside
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1479, by Senator Saland, Senate Print 7343, an
act authorizing the Chatham Central School
District to provide.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1481, by Senator Rath, Senate Print 1679A, an
act to amend the Education Law, in relation to
deleting the requirement.
THE PRESIDENT: Read the last
3513
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1482, by Senator DeFrancisco, Senate Print
2289, an act to amend the General Obligations
Law, in relation to the statutory short form.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1483, by Senator Farley, Senate Print 4387A,
an act to amend the Banking Law, in relation
to making certain technical corrections.
3514
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1484, by Senator Lachman, Senate Print 4649,
an act to amend the Public Authorities Law, in
relation to prescribing penalties for
violations.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1485, by Senator Hannon, Senate Print 6137, an
3515
act authorizing an exemption for specified
real property owned.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1488, by Senator DeFrancisco, Senate Print
6985, an act to amend the Real Property Law,
in relation to real estate agency.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect January 1, 2005.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Stachowski recorded in the
negative.
3516
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1489, by Senator Fuschillo, Senate Print
7008A, an act to amend the Education Law and
the Penal Law, in relation to improving.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 11. This
act shall take effect on the first of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1490, by Senator Saland, Senate Print 7019, an
act to grant Linda LaPierre a retroactive
membership and service credit.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3517
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1495, by Senator Padavan, Senate Print 7257,
an act to amend the Real Property Actions and
Proceedings Law and Chapter 375 of the Laws of
1999.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1496, by the Assembly Committee on Rules,
Assembly Print Number 11080A, an act to amend
the Public Officers Law, in relation to the
residency of judges.
THE PRESIDENT: Read the last
section.
3518
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1499, by Senator Padavan, Senate Print 7342,
an act to amend the Tax Law and the
Administrative Code of the City of New York,
in relation to evasion.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1500, by Senator Little, Senate Print 7352, an
act to amend the County Law, in relation to
authorizing wireless communications.
3519
THE PRESIDENT: There is a local
fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1501, by Senator Saland, Senate Print 7359, an
act to amend Chapter 472 of the Laws of 1998,
amending the Education Law.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1502, by the Assembly Committee on Rules,
3520
Assembly Print Number 11349, an act to amend
the Executive Law, in relation to the
appointment of members of the active military.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1503, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 10152, an act to authorize the United
Hebrew Community of New York, Inc.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
3521
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1504, by Senator Rath, Senate Print 7374, an
act relating to the disposition of surplus
monies of certain Town of Darien water
districts.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1505, by Senator Golden, Senate Print 7376, an
act to amend the --
SENATOR MARCELLINO: Lay the bill
aside for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
3522
1506, by Senator DeFrancisco, Senate Print
7383, an act to amend the Labor Law, in
relation to limiting reduction of unemployment
insurance benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1512, by Senator Spano, Senate Print 7282A, an
act to authorize the creation of an additional
position of town justice.
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, 51.
THE PRESIDENT: The bill is
3523
passed.
Senator Marcellino, that completes
the noncontroversial reading of the calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
May we move to the controversial
calendar, please. Can we start with Calendar
Number 1474, Senate Print 6616, by Senator
Wright.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1474, by Senator Wright, Senate Print 6616, an
act to amend the Public Authorities Law.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR LIZ KRUEGER:
Explanation, please.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill before us amends the
Public Authorities Law to authorize the
New York State Power Authority to provide
3524
low-cost energy to the military installations
throughout New York State.
This is an economic development
initiative that is a result of the
recommendations from the Governor's Task Force
on Military Bases, and it's part of New York's
preparation as we approach the next federal
round of base closure and renewal, so that we
are in a position to put the best face on
keeping military installations in the State of
New York.
This would have an impact on in
excess of 50,000 jobs in the state, and is
very capable to what other states are doing as
they prepare for the next round of base
closure review.
For example, in Kentucky, they have
just authorized a significant reduction in
electricity rates to Fort Knox. And the same
occurring in the state of California.
So New York needs to position
itself. This is consistent with the previous
authorities granted to the Power Authority for
economic development purposes.
THE PRESIDENT: Senator
3525
Schneiderman. Or Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
If the sponsor would please yield,
through you, Madam President.
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: I will, Madam
President.
THE PRESIDENT: You may proceed
with a question, Senator.
SENATOR LIZ KRUEGER: Thank you.
When the task force made its
recommendations on base closings, did they
speak about this specific proposal and how
many bases they thought this would affect?
SENATOR WRIGHT: I don't have the
task force recommendation with me, so I cannot
speak to that specifically.
It would be available to be
extended to all eight bases in the state of
New York.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
3526
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: I will continue
to yield, Madam President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
Did the work of the task force lead
to any recommendations or analyses of how many
bases are potentially at risk of being closed?
SENATOR WRIGHT: It did not,
because that is really premature at this
point. The way the federal government
approaches BRAC is that literally all bases
are subject to review by the federal
commission.
In turn, all you can best do is
make an internal preliminary analysis, as each
base does, trying to identify strengths and
weaknesses based on previous BRAC decisions
and reviews.
Like anything else in the economic
development arena, New York has to compete
against other installations in other states
across the nation.
3527
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would
continue to yield, please.
THE PRESIDENT: Senator, do you
yield for another question?
SENATOR WRIGHT: I will, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
So we don't know how many bases
this might affect. And you describe it as an
economic development proposal. And basically
you're describing it as a job retention
program proposal.
Do you have any estimate of what
the cost of this could be to the State of
New York?
SENATOR WRIGHT: No. As you'll
note in the memo, we don't reflect that,
because it's not known. It's all predicated
on current costs at the installations, what
the rates would be relative to the Power
Authority. That would be determined by
3528
whether or not the Power Authority generated
its own power or in fact purchased that power.
So there are a number of variables
that cannot be predicted.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor will
continue to yield.
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: I'll continue to
yield, Madam President.
THE PRESIDENT: You may proceed
with a question.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the answer, Senator
Wright.
Because this task force apparently
came out with a number of recommendations, are
there other recommendations that would in fact
potentially cost the State of New York some
amount of money in their budget that we can
anticipate bills coming out on the floor for?
Or is there a reason why we're doing this bill
separate from potentially other bills with the
same goal?
3529
SENATOR WRIGHT: Well, this bill
is being offered because it is a
recommendation -- it's a departmental bill
sent to us by ESDC. And I think that's
consistent with the administration's plan as
they address the recommendations.
SENATOR LIZ KRUEGER: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the Senator's answers
to my questions.
But it still leaves me with the big
question, why should we, the State of New
York, subsidize energy costs for the federal
government when in fact we know that we don't
get our fair share of federal funds?
And in fact, just last week this
house passed a resolution pointing out to the
federal government that when it comes to
Medicaid reimbursement, they are shorting us
multiple billions of dollars a year. That is
just one place where the federal government
doesn't provide to New York State our fair
3530
share of federal money.
And so at a time when we are in a
fiscal crisis, we can't figure out how to pay
for the schools and the education of our
children, we can't come to an agreement around
the Campaign for Fiscal Equity lawsuit with a
pending deadline of July 30th, we talk about
reducing Medicaid funding to our -- for health
care and other health care programs in the
state of New York, I don't really understand
why we would do a bill that would be an
open-ended reduction in costs for energy for
the federal government's well-being at the
cost to the taxpayers of New York State, money
we won't have available for other programs,
including, potentially, our Power for Jobs
program.
In the memo attached to the bill,
it talks about this as being a similar model
to the Power for Jobs program. But we know
that that program is actually sunsetting in
its funding stream. We know that that's a
capped program with far more its entities
hoping to get into the Power for Jobs program
than we've been able to do because of our
3531
limited resources.
I would argue if you view this as a
request for an extension to Power for Jobs for
the Defense Department, that we have other
New York industries who are in desperate need
of economic development assistance to continue
their programs.
We have daycare centers, we have
school districts, we have hospitals, we have
universities who all complain that their cost
of power is actually so high that it's
limiting their ability to hire teachers or
nurses.
So it seems to me, if one looks at
this as economic development money, one has to
evaluate it in the way we do other economic
development projects -- what will it cost,
what is the win, what is the specific
trade-off. Not an open-ended offer to the
Defense Department to consider reducing their
energy costs.
From the perspective of who are
those in greatest need of making sure that the
State of New York assists as best we can,
within our limited budget, to help them meet
3532
their basic needs, I think we'd have to hold
up military bases against all these other
not-for-profit and governmental and business
interests who also say the cost of energy is
doing them great harm.
And I also think it's a dangerous
precedent for us to simply offer an
open-ended, no specific dollar amount
arrangement to the federal government that we
will lower their cost of energy in our state.
I think the fact is that we should
be looking at the question of military base
closings from a broader perspective of what do
we know is real, what do we know is not,
what's the package that New York State might
be willing to go forward with for specific
bases, with a true analysis of the risks to
the State of New York and the costs of closing
bases and keeping them open.
And I think that if this is a side
door to an expansion of the Power for Jobs
program, that we have higher priorities for
lower-cost power subsidized by the people of
the state.
And if this is an economic
3533
development proposal, we have so many problems
with how we are making decisions legislatively
around exempting companies and businesses and
even governments from paying their fair share
of taxes and costs to the State of New York,
that I think on all these levels there are
good reasons for people to not vote for this
bill.
And I hope everyone will think
about that, and I will be voting against this
bill.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Wright.
SENATOR WRIGHT: Madam President,
on the bill.
THE PRESIDENT: You may proceed
on your bill.
SENATOR WRIGHT: Thank you.
I just want to point out a couple
of misconceptions.
First of all, under the existing
Power for Jobs programs, not-for-profits are
eligible to apply, as are small businesses, as
3534
are health care providers and hospitals.
Secondly, the New York State Power
Authority provides numerous low-cost power
throughout this state, including the
Metropolitan Transportation Authority, the
Port of New York. So there are a number of
examples where low-cost energy is provided to
make it competitive.
This is but an addition to that,
reflecting the significant role that military
installations play in the economy of this
state. Fort Drum alone produces in excess of
$520 million annually to the economy of the
State of New York. And that's just but one of
the eight installations.
We're talking in excess of 50,000
jobs. We are talking about a significant part
of the economy of this state that historically
has been recognized within the state's
economic development programs.
More importantly, there have been
at least 100 bases, including New York, that
may be in line for closure. It would be very
nice if in fact we had the opportunity to
submit competitive proposals, but we do not.
3535
We need to be in a position whereby we resolve
any outstanding or potential weakness that
could impact our ability to retain that base.
This bill is an attempt to do that.
I encourage my colleagues to vote in the
affirmative, as I intend to.
Thank you.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
There are really three issues that
I think are being raised here today. The
first is essentially a philosophical issue
about how you do economic development in this
state.
There have been numerous articles
outlining two different approaches to economic
development for states. One is called the
high-road approach, where you invest in
infrastructure, cheap power, good schools and
try and attract all businesses.
The other is called the low-road
approach -- unfortunately, which is what we
have been following in New York State in
3536
recent years -- by which we sort of bid
against ourselves in a race to the bottom,
where we bid against other states in efforts
to cut costs, cut wages, cut benefits, cut
health care entitlement programs.
I respectfully submit that the
low-road policy that has been in place in the
current administration has been proven to be
an utter failure in most of upstate New York.
And I'm sympathetic to Senator
Wright's concerns, but let's face it, Central
and Western New York have not just lost jobs;
as the last census indicated, they have a
million less people than they had in 1990.
That's not a recession, that's a catastrophe.
The low road, though, of trying to
offer cheaper power, trying to cut wages,
trying to cut benefits just doesn't work. The
race to the bottom does not work for state
governments.
And I think that one of the things
that is at issue here, if you step back and
look at it this year with our fight over
school funding, is whether we're going to put
the money up to invest in that one product
3537
which we know produces long-term economic
growth, and that's a well-educated workforce.
So that's the primary issue that
Senator Krueger, I think, was raising when she
referred to economic development policies.
The second issue is an issue of
equity. And I think anyone in this chamber
who does not find it galling for us to have to
subsidize the federal government when we are
kicking in billions of dollars every year more
than we get back -- where they just, in the
context of homeland security, have enacted a
program that provides many times the resources
on a per-capita basis to Wyoming for
protecting themselves against terrorism than
it does us -- how can you not find that
galling?
Maybe we're not effectively enough
lobbying the federal government. Maybe we
don't have the connections with this
administration we need to have. I don't know
what to say.
This is an abuse of the State of
New York by the federal government. And the
notion that we're then going to have to
3538
subsidize the federal government further in
order to try and prevent them from closing our
military bases, I think is something that
anyone in this chamber should find to be
offensive.
The third problem is really a
practical legislative problem. And that's
that as written -- and again, I'm afraid this
is doomed to fall into the grand hopper of
one-house bills this session -- as written,
there's really no parameter set, there are no
guidelines set for how the authority is going
to enter into contracts.
I mean, all this says is that on
the recommendation of the Governor's task
force and as deemed feasible and advisable by
the trustees -- can't get any vaguer than
that -- the authority may enter into
contracts.
We're not going to pass a law that
has no guidelines. The Assembly is not going
to pass a law that has no guidelines.
So for all of these reasons, I'm
going to voting against this bill, although
I'm absolutely sympathetic to the need to
3539
maintain these jobs. I'm absolutely
sympathetic to the plight of the areas around
these military bases. But that represents a
broader failure of economic policy and the
collapse of the economic development programs
of this administration.
This is not the solution. We're
not going to solve our problem with a race to
the bottom. We're never going to compete with
lower-cost states for military bases. You
might provide a little cheaper power. What's
next -- cutting wages? Cutting workers'
compensation? Cutting benefits? Cutting the
requirement that health care is provided?
We're not going to outbid
Mississippi in a race to the bottom. It's the
wrong approach to economic development. I
vote no, Madam President, and I urge my
colleagues to vote likewise.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3540
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1474 are
Senators L. Krueger and Schneiderman. Ayes,
50. Nays, 2.
THE PRESIDENT: The bill is
passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President. Can we move now to Calendar
Number 1477, Senate Print 6849A.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1477, by Senator LaValle, Senate Print 6849A,
an act to amend the Education Law.
SENATOR OPPENHEIMER:
Explanation.
THE PRESIDENT: Senator LaValle.
SENATOR LaVALLE: Thank you,
Madam President.
This legislation is filed to deal
with some problems that I will explain that
are faced by parents of students who are
3541
instructed at home. We call them
home-schoolers. There are some 20,000 to
25,000 students in this state that are being
taught at home by their parents.
This started, home schooling
started when parents that wanted to develop
some religious awareness couldn't afford,
maybe, to send their students to a private or
parochial school and wanted to do this at
home. But today, more and more parents,
particularly in inner cities, where they find
that the schools are failing and do not have
the financial wherewithal to send their child
to a private school, are using this as an
alternate route to instruct their children at
home.
We have found that there are some
routes that individuals can take when they
want to go and receive a postsecondary degree.
One of the problems we find, that if there is
not compliance, a student can be ineligible
for our TAP program. They may be eligible for
Pell grants, but not under our TAP program.
They have basically three routes.
One is the GED degree, that they can take the
3542
exam and would be eligible then to attend a
postsecondary school.
There's a second route, under the
commissioner's regulations, that allows a
student to take 24 credit hours and, after
completion of a sequenced, specific program,
receive a certificate of equivalency and allow
them to then receive their TAP award and their
degree.
We have found that many students
that have not taken this properly sequenced
24-credit-hour program got to the end and
someone said, Well, you don't have a high
school diploma, you don't have an equivalency,
you don't have a GED, you can't get your
degree. So they have to go back and either
take the GED exam or do the 24-hour sequencing
or do something else.
So we found that some students --
probably not many, but because, today, home
schoolers kind of are networked and I think
they understand what the rules of the road
are.
The last one is through
equivalency. And that's what this bill is all
3543
about. The amended version, 6849A, provides a
process, provides a process for the student
and the parent to receive the proper
textbooks, an understanding that they have to
take national standardized exams and achieve a
certain level of success on those exams. And
this process has to go on for a four-year
turnaround.
Now, one of the reasons that we
have filed this bill, and probably one of the
reasons that my colleagues have asked for an
explanation, is that we have found that the
school districts and the school
superintendents have to be involved in this
process. And they have, under whatever
regulations are in effect, been unwilling to
be cooperative.
And this is very, very upsetting.
Because in all candor, there are too many
superintendents today that are part of the
problem rather than part of the solution.
That they should be energized, but they view
this as just another piece of paper that they
have to work at, sign off on, and it's just a
pain in the neck.
3544
This legislation provides for
checks for the superintendent. If, at the
beginning of the process of each year, the
superintendent feels that the parent is not
meeting adequately the requirements, the
superintendent doesn't sign off. The
superintendent does, after four years, does
have to sign off that equivalency was achieved
over the four years.
Now, if that superintendent says,
Well, they don't want to use the right books,
they didn't take the standardized exams, they
didn't pass, I'm not going to sign off, the
parents and the students, under this
legislation, under appeals under Section 4,
can go before the commissioner and say, Well,
we believe that we did abide by the
requirements and the process of the law.
So this legislation and its
provisions is a process to get the
superintendent involved in the process, to get
the school district involved in the process,
because they have been unwilling to do so.
And this legislation provides for proper
safeguards and appeals for the parents and the
3545
students should, under this legislation, the
school districts overreach, not comply, throw
hurdles into the process.
So I think it's a well-balanced
approach to dealing with the problem.
Now, many of us have been lobbied
by parents of home-schoolers who have wanted
greater rights. Our colleague Senator Robach
has such a bill, that would be more inclusive
in terms of involvement and so forth.
This bill is narrowly carved out to
deal with the equivalency issue, ensure that
they can qualify for a college degree without
going through hoops, and to receive TAP. And
that's what this bill achieves to do, and
hopefully in a reasonable way.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR STAVISKY: People mix us
up.
THE PRESIDENT: You may both
speak together, if you prefer.
(Laughter.)
SENATOR OPPENHEIMER: Thank you,
Senator LaValle. And I can hear your
3546
frustration. And I can understand well what
you're saying.
But that doesn't address a couple
of my concerns. Which is you have developed a
process -- and you mention this, as that being
the paramount issue. But the concern I hear
is that there is no one really doing the
quality of -- verifying what the quality of
that education is.
So let me just ask you a couple of
quick questions, if I may, if you will yield.
For example, why are there no
requirements that the private or public school
teacher judging the quality of the student's
work either be a certified teacher -- or could
it be a substitute teacher? There's
absolutely no specificity about the teacher's
quality and who we're dealing with, to
determine what the quality of the work is.
SENATOR LaVALLE: I want to go to
that section, because we do. They have to
meet certain requirements. And one deals with
a portfolio and also deals with, I believe, a
certified teacher, Senator. We'll get that
section for you.
3547
SENATOR OPPENHEIMER: Okay.
SENATOR LaVALLE: Section D, line
42. It says portfolio of the student's work
or equivalent by a private or public school
teacher, indicating the child is progressing
according to his ability at the end of the
equivalent of one year of study.
Now, if the individual is viewing
this portfolio in the public school, Senator,
they are a certified teacher.
SENATOR OPPENHEIMER: But it
doesn't say that it could not be a private
school teacher, a substitute teacher. There's
no -- nothing specific.
SENATOR LaVALLE: Senator, they
would have -- they would have to be, if
they're in the public school -- language is --
they have to be certified.
Now, I mean, I don't -- I think
someone is reaching here to say that a
substitute teacher is going to be given this
responsibility by the school. I think they
are trying to be part of the problem rather
than part of the solution, Senator.
SENATOR OPPENHEIMER: Okay.
3548
Thank you, Senator. If you'd yield again.
SENATOR LaVALLE: Yes, I will.
SENATOR OPPENHEIMER: And by the
way, in New York City we have an awful lot of
teachers that aren't certified.
But let me go to my next question,
which is achieving a score of above a 33rd
percentile, is that really substantially
equivalent to the 55 percentile that's
required of the Regents exam?
SENATOR LaVALLE: I'm told that
this is a State Ed regulation at this
particular time. That's the standard.
SENATOR OPPENHEIMER:
Thirty-three?
SENATOR LaVALLE: Thirty-three,
yeah.
SENATOR OPPENHEIMER: All right.
Thank you, Senator, very much.
On the bill.
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer, on the bill.
SENATOR OPPENHEIMER: All right.
Thank you, Senator, very much.
The fact is that the
3549
superintendents, although they may have been
intransigent about doing this work, if -- you
know, I have to believe that Senator LaValle
is describing a situation that existed. Still
and all, I think the concern that they have
about signing off, that -- you know, they'll
sign off that proper procedures have been
followed, but they're concerned that the
quality of education has really not been
determined. And they would like to see a
greater assurance that that quality will be
monitored and that they can rely on the
quality of the education.
I'll be voting no, because I feel
that they're correct in saying who is it that
determines this quality of work, is this
someone that we have confidence in that the
curricula is being met.
And I'm also concerned about
meeting only the 33rd percentile in order to
assure, you know, that the education that has
been received is of a nature similar to the
one which requires a much higher percentage
for earning a Regents diploma in our state.
So until I see an improvement in
3550
this legislation, which I assume will happen,
I'm going to be voting no.
ACTING PRESIDENT WRIGHT: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
I understand Senator LaValle's concerns and
frustrations with the system. But I am not
sure that that legislation will solve the
problem of the recalcitrant superintendents.
It seems to me that perhaps the
best way to accomplish the result that I think
we all want to achieve is through regulations
through the Commissioner of Education, the
Commissioner of Education's office, which
leads me to one question.
I don't want to belabor the point,
but if the Senator would yield for just one
question.
ACTING PRESIDENT WRIGHT: Will
the sponsor yield?
SENATOR LaVALLE: Yes.
ACTING PRESIDENT WRIGHT: The
sponsor will yield.
SENATOR STAVISKY: Aren't the
Regents undertaking a review of this whole
3551
issue right now? And if so, wouldn't we be
wiser to wait until they come up with some
recommendations?
SENATOR LaVALLE: The answer is
yes, the Regents are exploring and reviewing
their regulations.
But throughout this legislation we
make cross-references back to the regulations
of the commissioner. So whatever they are
looking at, it would seem, would not conflict
with this legislation.
But the answer to your question is
yes, they are doing a review.
SENATOR STAVISKY: Yeah, that's
really -- I don't want to belabor the point,
Mr. President. And I thank Senator LaValle.
I'm also troubled by the fact that
all we're asking the students to achieve is to
reach the 33rd percentile. It seems to me
that students can do a lot better.
Oh, I did have one more question,
if the Senator would yield to one other
question.
ACTING PRESIDENT WRIGHT:
Senator, would you yield?
3552
SENATOR LaVALLE: Yes.
ACTING PRESIDENT WRIGHT: The
Senator yields.
SENATOR STAVISKY: What has been
the experience on standardized testing with
home-schooled students versus public or
private school students?
SENATOR LaVALLE: I am being told
by my counsel that on SATs and ACT exams that
home-schoolers are achieving higher levels of
success than those not being home-schooled.
SENATOR STAVISKY: And what about
the Regents exams?
SENATOR LaVALLE: They don't take
the Regents exams.
SENATOR STAVISKY: Thank you, Mr.
President.
And I plan to vote against this.
Until such time as the Regents come up with
their report, I think it would be wise to hold
off such a decision.
ACTING PRESIDENT WRIGHT: Senator
Little.
SENATOR LITTLE: Thank you, Mr.
President. On the bill.
3553
The number of students that are
choosing home schooling, their families are
choosing home schooling in my district has
risen. And one of the things that has become
a problem for them, which this bill would
solve -- and I commend Senator LaValle for
putting this bill on the floor.
For instance, I have a young gal
who was home-schooled by her parents
throughout, kindergarten through high school,
took the tests, is at Clinton Community
College receiving a 4.0. Before she can
graduate from Clinton Community College, she
must go back and get a GED.
Now, will she pass the GED? Of
course she'll pass the GED. But the idea is
that it diminishes the results of her
home-schooling education by classifying it as
the equivalent -- having to pass the GED to
say that she got enough home-school education.
And they find that this is -- it's
almost an insult to them, in effect, because,
as Senator LaValle mentioned, there are so
many regulations and forms and paperwork.
This isn't somebody that's just out
3554
there that shows up at the end of their high
school years and says, I'd like a certified
high school equivalency thing. They have to
be showing reports at every stage along the
way, every so many months. They have to have
a plan. They certainly follow the rules of
education and provide a good education. And
it is their choice.
And if they're providing it
according to the regulations and all, I
believe that they should be able to get a high
school certification that recognizes the
education that they have received at home.
Therefore, I will be voting in
favor of this bill, and I would encourage
others do so.
And again, I thank Senator LaValle
for putting this bill forward.
ACTING PRESIDENT WRIGHT: Senator
Robach.
SENATOR ROBACH: Yes, Mr.
President. I'm sure after I'm done speaking I
will change all my colleagues' minds and
they'll vote yes for this bill.
We have one of the largest amounts
3555
of home-schoolers in Monroe County. And I
want to rise to support this legislation. And
as my colleague Senator LaValle pointed out, I
think this is just a baby step. I hope we'll
be back, I hope the Regents' recommendations
will either be more far-reaching.
Continuing on what Betty Little
said, up to two years ago this was never an
issue. And only until we started putting all
the stress on one test, which many of us don't
know is the right way for the general
population group, was this ever an issue.
But for these kids and their
parents who far outperform on GPA, testing,
and also on SAT, for them now not to be able
to access college in New York is ridiculous.
If there was ever an issue if it's
not broke, why fix it -- I don't even know why
we're messing around with this kids to begin
with. And the problem seems to be at SED. I
have presidents of colleges, when I'm
advocating for kids to get into universities
here in New York, SUNYs, community colleges,
that say: We can't take those kids.
And you want to talk about adding
3556
insult to injury, if a home-schooled child
from Pennsylvania or Connecticut wants to get
into a New York college, they can. But in our
regulations, they can't.
So I applaud Senator LaValle's
legislation. I would, as has been pointed
out, like to see it even go farther. And we
all know how critically important it is to
have kids access higher education. These are
kids who have done very well statistically.
Their parents are very engaged, obviously. I
love my kids dearly, but I do not have the
patience to home-school them, God knows.
They are doing very well, are
moving along, and we should be doing
everything we can to get them to access higher
education, not diminish them from going to
school here or making them go backwards, as my
colleague Senator Little pointed out, and say
even after you've finished your college
degree, you have to go back and get a GED.
That absolutely makes no sense to me.
So I hope -- as I know we are all
proponents of higher education, a trained
workforce, and people going to college here in
3557
New York -- we would support this legislation.
Thank you.
ACTING PRESIDENT WRIGHT: Is any
other member wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1477 are
Senators Oppenheimer and Stavisky. Ayes, 50.
Nays, 2.
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Oh, I
wanted to explain my vote.
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: I think
it's interesting that these children
apparently exceed the norm as far as their
performance on tests. Therefore, it's very
surprising that the regulation only requires a
3558
33 percentile of achievement.
And if we could remediate that and
bring it up to the same level as we have for
our students in schools in passing our exams,
55 percent, I think that would certainly help
assure that the quality of the education is
similar.
But for now I think I will be
voting no. Hope I see a change in the bill.
ACTING PRESIDENT WRIGHT: Senator
Oppenheimer will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 50. Nays,
2.
ACTING PRESIDENT WRIGHT: The
bill is passed.
Senator Volker.
SENATOR VOLKER: Mr. President,
would you call up Senator Johnson's bill,
Calendar Number 635, please.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: Calendar Number
635, by Senator Johnson, Senate Print 6557, an
act to amend the Civil Practice Law and Rules.
3559
ACTING PRESIDENT WRIGHT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I've had an informal discussion
with Senator Johnson, the last part of which
just now was very enlightening. And I'm
afraid we are going to have to agree to
disagree on this piece of legislation.
This is an act that in New York
State I believe is unprecedented. It would
amend the Civil Practice Law and Rules to
essentially provide that, with regard to one
particular industry, the tobacco industry, the
requirement that a bond be posted after a
defendant loses a case -- in order to protect
the plaintiffs and their ability to recover
from the defendant that has been judged to be
guilty and liable -- this would exempt tobacco
companies from that requirement.
This would cap the bond at
$100 million no matter how large the judgment
was that was awarded to plaintiffs.
So there's not a judgment out there
against tobacco companies in New York State.
3560
This is anticipatory relief. What we're doing
here is saying no matter what evidence is
adduced at trial, no matter what conduct is
exposed, no matter how egregious the actions
of the tobacco companies were -- falsifying
data, lying -- and we know from other cases
around the country there have been
extraordinarily disturbing revelations about
the conduct of tobacco companies. There have
been revelations suggesting that they had the
ability to produce cigarettes that were less
addictive, and they intentionally produced
cigarettes that were more addictive in an
effort to hook young people.
This legislation says no matter
what the findings of fact are, no matter what
the judgment is, they get an exemption. All
they have to do is post a $100 million bond.
Well, what does that mean? That
means the plaintiffs who win the case, the
people who were wronged, the people who were
injured would not have the security that every
other plaintiff in the state of New York has,
the security of a bond to protect their
potential recovery.
3561
So this is an exceptional piece of
legislation. I think it sets a terrible
precedent. And I understand that the state's
dire fiscal situation has induced some people
to say, well, the tobacco companies are part
of the master settlement agreement and they're
paying the state money over a period of time,
we want to protect that stream of revenue.
So we've already established that
we're hooked on gambling revenues. And I
guess we're now acknowledging, with this bill,
that we're also hooked on tobacco revenues.
So this is a bill that is defended
with the argument that we have to help the
tobacco companies stay in business and we have
to help them stay alive so that they can keep
paying the master settlement agreement.
The purpose of a bond, Mr.
President, is to ensure that a defendant
doesn't dissipate its assets, transfer assets
away, do things to get assets out of the reach
of the successful plaintiffs.
If no one succeeds in a lawsuit
against the tobacco companies in New York,
this legislation is irrelevant. This
3562
legislation only applies if a court finds that
they have broken the law. And the charges
against them are very serious. They involve
millions of people suffering serious health
problems, they involve people dying earlier
than they should have, and they involve
allegations of the worst kind of corporate
misconduct.
I suggest that it is a big mistake
for us to create an exemption for the tobacco
companies. It's a big mistake for us to treat
them more specially than any other industry is
treated in the state of New York, to come in
and enact special interest legislation,
changing the rules to benefit this set of
corporations, with the argument that we need
to try and help them so they won't go out of
business because we're hooked on the stream of
revenue from the master settlement agreement.
The tobacco industry is doing fine.
They are having -- they have lawsuits all over
the country. And wouldn't it be a shame if
there were problems, financial problems due to
this litigation exposing their misconduct over
decades, and some tobacco companies did have
3563
financial troubles and started to go out of
business and have to sell off assets.
And the plaintiffs in the state of
New York who had gotten a judgment against
them would then be unable to recover because
of this bill capping their bond at
$100 million.
This is the worst kind of
special-interest legislation. This is the
worst kind of public policy. And it also
exposes the really embarrassing, as Senator
Bruno said last week, situation we're in in
New York State regarding how we finance our
state government: gambling and tobacco. I
don't know what's next.
But this is not the kind of
legislation that we should be passing. This
sends a terrible message to everyone about how
we deal with our system of justice in New York
State.
And I appreciate the fact that
there are people who view it in a short-term
context, that we have to preserve the streams
of revenue. But this is not the way to
finance our state government.
3564
So I'm going to vote no and
encourage others to do the same.
Thank you, Mr. President.
ACTING PRESIDENT WRIGHT: Any
further discussion on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT WRIGHT: Report
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 635 are
Senators Andrews, Connor, L. Krueger, Lachman,
Meier, Paterson, Sabini, Schneiderman, A.
Smith, and Stachowski. Also Senators
Oppenheimer and Stavisky.
Ayes, 40. Nays, 12.
ACTING PRESIDENT WRIGHT: The
bill is passed.
Senator Volker, that completes the
controversial reading of the calendar.
SENATOR VOLKER: Mr. President,
3565
is there any housekeeping at the desk?
ACTING PRESIDENT WRIGHT: Yes,
there is.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Farley, on
page number 52, I offer the following
amendments to Calendar Number 1228, Senate
Print 6661, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT WRIGHT: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MEIER: Mr. President, on
behalf of Senator LaValle, on page number 27 I
offer the following amendments to Calendar
764, Senate Print 6265, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT WRIGHT: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
3566
SENATOR MEIER: Mr. President, on
page number 42 I offer the following
amendments to Calendar Number 1042, Senate
Print 6268B, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT WRIGHT: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MEIER: Finally, Mr.
President, on behalf of Senator LaValle, on
page number 58 I offer the following
amendments to Calendar Number 1317, Senate
Print 5984, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT WRIGHT: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Volker.
SENATOR VOLKER: Is there
anything else at the desk? That's it?
ACTING PRESIDENT WRIGHT: There
is not.
SENATOR VOLKER: Then there being
3567
no further business, I move we adjourn until
Monday, June 14th, at 3:00 p.m., intervening
days being legislative days.
ACTING PRESIDENT WRIGHT: On
motion, the Senate stands adjourned until
Monday, June 14th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:27 p.m., the
Senate adjourned.)