Regular Session - June 14, 2004
3577
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 14, 2004
3:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3578
P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, June 13, the Senate met pursuant to
adjournment. The Journal of Saturday,
June 12, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3579
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Marcellino, I
wish to call up his bill, Print Number 6116,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
579, by Senator Marcellino, Senate Print 6116,
an act to authorize.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
3580
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR McGEE: Thank you.
Madam President, on behalf of
Senator Larkin, I wish to call up his bill,
Print Number 6016A, recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
934, by Senator Larkin, Senate Print 6016A, an
act to amend the Agriculture and Markets Law.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
3581
SENATOR McGEE: Madam President,
on behalf of Senator Nozzolio, I wish to call
up his bill, Print Number 432, recalled from
the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
137, by Senator Nozzolio, Senate Print 432, an
act to amend the Penal Law.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
3582
Madam President.
Amendments are offered to the
following Third Reading Calendar bills:
Sponsored by Senator Volker, page
number 8, Calendar Number 229, Senate Print
Number 5991;
By Senator LaValle, page number 18,
Calendar Number 510, Senate Print Number
1662A;
By Senator Rath, page number 19,
Calendar Number 556, Senate Print Number
6129A;
By Senator Wright, page number 25,
Calendar Number 759, Senate Print Number 6507;
By Senator Farley, page number 38,
Calendar Number 1021, Senate Print Number
7165;
By Senator Balboni, page number 45,
Calendar Number 1134, Senate Print Number
7141;
By Senator Hoffmann, page number
56, Calendar Number 1334, Senate Print Number
4321A;
By Senator Rath, page number 58,
Calendar Number 1358, Senate Print Number
3583
7013A;
By Senator Larkin, page number 59,
Calendar Number 1377, Senate Print Number
6750;
By Senator Libous, page number 59,
Calendar Number 1378, Senate Print Number
6830;
By Senator Hannon, page number 66,
Calendar Number 1509, Senate Print Number
7046;
By Senator Wright, page number 16,
Calendar Number 458, Senate Print Number 6024;
By Senator Trunzo, page number 57,
Calendar Number 1345, Senate Print Number
6512A.
I now move that these bills retain
their place on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
3584
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Can we have the
noncontroversial reading of the calendar,
please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
27, by Senator Kuhl, Senate Print 1876A, an
act to amend the Vehicle and Traffic Law, in
relation to appropriate reduced speeds.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
122, by Senator Spano, Senate Print 5236A, an
3585
act to amend the Vehicle and Traffic Law, in
relation to registration.
THE PRESIDENT: Read the last
section.
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, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
170, by Senator Volker, Senate Print 5408A, an
act to amend the Correction Law, in relation
to eligibility.
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, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3586
251, by Senator Larkin, Senate Print 5863A, an
act to amend the Vehicle and Traffic Law, in
relation to the operation of an ATV.
THE PRESIDENT: Read the last
section.
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, 44.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
271, by Senator Maltese, Senate Print 93A, an
act to amend the Labor Law and the Penal Law,
in relation to certain employment of minors.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
THE PRESIDENT: The bill is
3587
passed.
THE SECRETARY: Calendar Number
376, by Senator Volker, Senate Print 4844A, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to criminal
diversion.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 16. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
387, by Senator Wright, Senate Print 4890E, an
act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
3588
464, by Senator Alesi, Senate Print 5942, an
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
480, by Senator Trunzo, Senate Print 6273, an
act to amend Labor Law, in relation to
requiring signs at airports.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
DeFrancisco, to explain your vote.
SENATOR DeFRANCISCO: Yes, I vote
no.
Not out of any disrespect for the
sponsor, but simply to state that, you know,
while I think it's pretty common sense that if
you assault an individual in an airport,
whether it's a security guard or one of the
3589
guards at the gate, or intimidate that
individual, that's just common sense it's a
crime.
And I just don't think it's good
precedent to require signs indicating what's a
crime on every specific aspect of human life.
So I would vote no.
THE PRESIDENT: You will be
recorded as voting in the negative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 480 are
Senators Balboni, DeFrancisco, and Kuhl.
Ayes, 42. Nays, 3.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
514, by Senator Marcellino, Senate Print
5861A, an act to --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
3590
560, by Senator Johnson, Senate Print 6175, an
act to amend the Transportation Law, in
relation to the safety inspection
requirements.
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, 44. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
610, by Senator Spano, Senate Print 6454, an
act to amend the Labor Law, in relation to
establishing sanctions.
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, 45.
3591
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
826, by Senator Spano --
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
829, by Senator Fuschillo, Senate Print 6611A,
an act to amend the General Business Law and
the Abandoned Property Law, in relation to the
acceptance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th 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
830, by Senator Skelos, Senate Print 6612B, an
act to amend the General Business Law, in
3592
relation to fees assessed.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th 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
831, by the Assembly Committee on Rules,
Assembly Print Number 10866, an act to amend
the General Business 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, 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
834, by Senator Balboni, Senate Print 7180, an
3593
act to amend the General Business Law, in
relation to requiring commercial towers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th 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
868, by Member of the Assembly Sweeney,
Assembly Print Number 10002, an act to amend
the Navigation Law, in relation to leaving the
scene of an accident.
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.
3594
THE SECRETARY: Calendar Number
875, by Senator Robach, Senate Print 6399A, an
act to amend the Education Law and others,
relating to the availability of additional
pension benefits.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
877, by Senator Mendez, Senate Print 6790, an
act to amend the Civil Service Law, in
relation to leaves of absence.
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.
3595
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
897, by Senator Little, Senate Print 6603, an
act to amend the Real Property Tax Law, in
relation to payment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
914, by Senator Padavan, Senate Print 7014, an
act to amend the Administrative Code of the
City of New York and the Retirement and Social
Security Law.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
3596
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
916, by Senator Golden, Senate Print 7017, an
act to amend the Retirement and Social
Security Law, in relation to providing.
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, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
917, by Senator Marchi, Senate Print 7159, an
act to amend the Administrative Code of the
City of New York and the Retirement and Social
Security Law, in relation to providing.
THE PRESIDENT: There is a
3597
home-rule message at the desk.
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, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
933, by Senator Hoffmann, Senate Print 5109,
an act to amend the Agriculture and Markets
Law, in relation to the award of grants.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
935, by Senator Hoffmann, Senate Print 6349,
an act to amend the Agriculture and Markets
3598
Law, in relation to producer security.
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, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
947, by the Assembly Committee on Rules,
Assembly Print Number 8657A, an act to amend
the State Finance Law and the Civil Practice
Law and Rules, in relation to renaming.
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
3599
948, by Senator Kuhl, Senate Print 5178 --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
967, by Senator Marcellino, Senate Print 4212,
an act to amend the Labor Law, in relation to
waiting periods.
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
975, by Senator Spano, Senate Print 7161, an
act to amend the Labor Law, in relation to
permitting employers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
3600
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
1020, by Senator McGee, Senate Print 7010A, an
act to authorize the payment of certain
transportation aid.
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
1037, by the Assembly Committee on Rules,
Assembly Print Number 9078B, an act to
authorize the Congregation Mesifta Ohr
Hatalmud.
THE PRESIDENT: Read the last
3601
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. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1040, by Member of the Assembly Gromack,
Assembly Print Number 9749A, an act to
authorize Head Start of Rockland County, 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, 48. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1085, by Senator Flanagan, Senate Print 7088A,
3602
an act to amend the Agriculture and Markets
Law, in relation to the penalties.
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
1095, by Member of the Assembly Weinstein,
Assembly Print Number 7518, an act to amend
the Judiciary Law, in relation to the period
of disqualification.
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 PRESIDENT: Senator
DeFrancisco, to explain your vote.
SENATOR DeFRANCISCO: Yes. This
3603
bill basically limits jury duty from what used
to be a maximum -- you wouldn't be called for
a period of four years; now, up to six years.
The purpose is, basically -- the
reason is basically that we want to encourage
jury service and we want to make certain that
people are not inconvenienced as much as they
were in the past. This was made possible by a
prior bill that eliminated a lot of exemptions
to jury service.
The point, however, I want to make,
that the passing of this bill in no way
suggests that some unrelated legislation
that's talked about by the Office of Court
Administration to limit the peremptory
challenges has anything to do with this
limiting the number of times a juror could
serve. They're totally unrelated.
And I would not be in any way in
support of that proposal to limit peremptory
challenges.
THE PRESIDENT: You will be so
recorded as voting in the affirmative, Senator
DeFrancisco.
The Secretary will announce the
3604
results.
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1096, by Senator Golden, Senate Print --
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1113, by Senator Stachowski, Senate Print
1165, an act to amend the Penal Law, in
relation to the definition of assault in the
second degree.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
3605
THE SECRETARY: Calendar Number
1152, by Senator Morahan, Senate Print 3084,
an act to amend the Election Law, in relation
to making certain technical corrections.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect on the first of
December.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1173, by Senator Seward, Senate Print 1447A,
an act --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1175, by Senator Balboni, Senate Print 4752B,
an act to amend the Insurance Law, in relation
to claims for loss or damage.
3606
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 7. This
act shall take effect January 1, 2005.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1222, by Senator Flanagan, Senate Print 6172,
an act to amend the Vehicle and Traffic Law,
in relation to eliminating.
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
1227, by Senator Maziarz, Senate Print 6636,
an act to amend Chapter 33 of the Laws of
3607
1998, amending the Social Services 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. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1332, by Senator Seward, Senate Print 3253C,
an act making certain findings and
determinations with respect to a certain
revenue anticipation note.
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, 51.
THE PRESIDENT: The bill is
3608
passed.
THE SECRETARY: Calendar Number
1342, by Senator Bonacic, Senate Print 6339,
an act authorizing the County of Orange to
convey certain parklands.
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, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1366, by Member of the Assembly Glick,
Assembly Print Number 9948A, an act to amend
the Social Services Law, in relation to
certain individuals.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
3609
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1371, by Senator Farley, Senate Print 7127 --
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
1419, by Senator Morahan, Senate Print 6153,
an act to authorize the Village of Spring
Valley, located in Rockland County.
THE PRESIDENT: There is a
home-rule message at the desk.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3610
1429, by the Assembly Committee on Rules,
Assembly Print Number 8214A, an act to amend
the County Law, in relation to wireless
communications service surcharges.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1430, by Senator Hoffmann, Senate Print 175,
an act to amend the Tax Law, in relation to
certain tax credits.
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, 52.
3611
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1431, by the Assembly Committee on Rules,
Assembly Print Number 9152, an act to amend
the County 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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1434, by Senator Kuhl, Senate Print 744, an
act to amend the Tax Law, in relation to
including income.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
3612
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1435, by Senator LaValle, Senate Print 756A,
an act to amend the Environmental Conservation
Law, in relation to adding.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first of April.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1438, by Senator McGee, Senate Print 2770, an
act to amend the Education Law, in relation to
including dentists.
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.
3613
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1447, by Senator LaValle, Senate Print 5980,
an act to amend the Criminal Procedure Law, in
relation to the designation of fire marshals.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1448, by Senator Leibell, Senate Print 6065,
an act to amend the Correction Law, in
relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
3614
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1450, by Member of the Assembly Sweeney,
Assembly Print Number 9564, an act to amend
the Education Law, in relation to the
eligibility.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1454, by Senator Wright, Senate Print 7194, an
act to authorize the Village of Cleveland, in
the Town of Constantia.
THE PRESIDENT: There is a
home-rule message at the desk.
3615
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1455, by Senator Wright, Senate Print 7306, an
act to amend the Tax Law, in relation to
authorizing.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1469, by Senator Volker, Senate Print 5145A,
an act to amend the Criminal Procedure Law, in
3616
relation to the procedure following a verdict.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1493, by Senator Padavan, Senate Print 7183A,
an act to amend the Local Finance Law, in
relation to the sale of bonds and notes.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1508, by Senator Hannon, Senate Print 7045, an
3617
act in relation to allowing the Sisters,
Lovers of the Holy Cross of Westbury to file.
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, 53. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1510, by Senator Hannon, Senate Print 7047, an
act authorizing the assessor of the County of
Nassau to accept an application.
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, 53. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
3618
passed.
THE SECRETARY: Calendar Number
1516, by Senator Kuhl, Senate Print 7397, an
act to amend the Public Officers Law, in
relation to providing.
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, 54.
THE PRESIDENT: The bill is
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 251 and Calendar Number 1447.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on those two bills.
Senator Skelos, completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Thank you, Madam
3619
President. If we could go to the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
387, by Senator Wright, Senate Print 4890E, an
act to amend Public Service Law and the Public
Authorities Law, in relation to net energy.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill provides, for the first
time in New York, the concept of net metering
applicable to wind. As you can note by the
bill number, we've been through a series of
amendments over the past year-plus, achieving
an agreement with the Assembly sponsor.
And in turn, this provides for
reduced fees when it comes to interconnection,
waives the exemption from standby rates, and
develops within the arena of residential and
agricultural applications the use of wind as
3620
an alternative form of energy and the ability
of the owner to generate revenue therefrom.
THE PRESIDENT: Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President. I just rise to explain my
vote.
Last year I voted against this
bill. But according to the sponsor and the
Assembly, they have now, through the process
of several amendments, reached an agreement
which I believe is fair and equitable to all.
Therefore, I'll be supporting this bill this
year.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President. If, through you,
the sponsor would please yield.
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: I will, Madam
President.
THE PRESIDENT: You may proceed,
3621
Senator.
SENATOR LIZ KRUEGER: Thank you.
Senator, I did vote for the bill
last year, but I raised a concern then and I
will still raise it. Why are we only dealing
with one source of renewable energy in this
bill, rather than expanding it to include
solar energy and other fuel-cell-related types
of renewable energy?
Speaking for the City of
New York -- and the research sort of has been
growing for us down there in New York City,
where windmill power is not a realistic option
to expand too much alternative energy in the
five boroughs, but solar energy and the
voltaic fuel cells and other types of new
renewable energy offer a much greater possible
universe of expanded alternative energy.
Why don't we roll that into this
bill also and go forward and make this a
better bill that would serve a greater set of
options that I believe have the same goal as
your own with this legislation specific to
wind power?
SENATOR WRIGHT: Well, I believe,
3622
Senator, as I pointed out last year, any
alternative like this requires some form of
subsidy by the ratepayers. Consequently, we
are trying to minimize the impact on the
ratepayers.
There currently is solar available
under existing statute that provides for net
metering. And in fact, when last checked not
too long ago, the thresholds that were allowed
for solar have yet to be met. And that
statute is several years old.
So there are available, within
statute, existing alternatives. Adding wind
is one more alternative. And as the
alternatives become more financially viable,
thereby requiring less of a subsidy by
ratepayers, we certainly will give that
consideration.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
There's an old expression that when
3623
a dog bites a man, it's not news; when a man
bites a dog, it is news.
We actually accomplished something
this session, as reflected by this bill. Last
year -- I commend the sponsor for his work on
this, and our colleagues in the Assembly --
this was opposed by most of the environmental
groups. This year, it is supported by all of
the environmental groups.
The modifications that were made
eliminated some of the market and regulatory
barriers that would have increased the
customer's cost of investing in on-site
renewable generation facilities. And by
coming to a compromise, we are finally going
to provide at least for some net metering to
encourage the use of wind energy in New York.
So I wish we had more success
stories like this. But it's great that we are
accomplishing this. And I would urge any of
my colleagues who voted no last year that the
environmental groups that opposed the bill, it
has switched from a one-smokestack bill to a
one-tree bill.
So it's with great pleasure that I
3624
will be supporting the bill this year. And I
hope we will have a few more success stories
before we adjourn next week.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
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, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
464, by Senator Alesi, Senate Print 5942, an
act to amend the Tax Law, in relation to
permitting all bars and restaurants.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Thank you, Madam
President.
This bill comes at the request,
3625
actually, of a constituent who is in the food
and tavern business and noted that it would be
beneficial for those small businesses who
would like to offer Quick Draw but cannot meet
the 25 percent food sales requirement. And
therefore, this bill would remove that part of
the bill.
That's it.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Sabini.
SENATOR SABINI: Madam President,
would the sponsor yield for a question,
through you.
THE PRESIDENT: Senator Alesi?
SENATOR ALESI: I'd be happy to.
Thank you.
THE PRESIDENT: Senator Alesi
does yield.
You may proceed, Senator, with a
question.
SENATOR SABINI: Thank you, Madam
President. Through you.
While I can understand the merits
for this bill, and I know that it does have
3626
some support from some of the people in the
hospitality industry whose business has been
affected by -- adversely affected by the
smoking ban, I just wanted to ask the sponsor
if -- the converse effect of economy for this
bill.
Which is, what effect is this going
to have on bars and restaurants that currently
offer Quick Draw who invested money to improve
their place and maybe bought ovens or started
a food business in order to get Quick Draw as
a marketing tool?
Because I think that some people
would feel that sort of their own business is
going to be cannibalized now by -- you know,
if they were the only establishment in a
neighborhood or a town that had Quick Draw and
now everyone's going to have it, isn't that
going to hurt the people who have been loyal
contractors with the State Lottery Division
and been supportive of us?
SENATOR ALESI: Well, through
you, Madam President, let's make it clear that
this is optional. Not everyone is going to
have it. Nothing mandates that everyone is
3627
going to have it.
But we do operate in a free-market
system, and anybody that's in business
understands that. Without regard to Quick
Draw or any other amenities that a tavern
would offer, there's nothing that would stop
one tavern from operating across the street
from another tavern.
So it's a business world; there are
certain risks as far as competition is
concerned. And I believe your scenario would
be a reach, with all respect.
SENATOR SABINI: Madam President,
through you, could I address the sponsor with
another question.
THE PRESIDENT: Senator Alesi,
will you yield?
SENATOR ALESI: Certainly.
THE PRESIDENT: Since he yields,
you may.
SENATOR SABINI: Thank you.
I'll take that as a no, then, that
nobody has sort of asked that question, which
is do the people that have Quick Draw now feel
that they're going to have less business
3628
because of that. That really is the sense of
my question.
SENATOR ALESI: I think that that
would be from your inference from the way
you're reacting to my response, Senator. But
I can't say whether it's a yes or a no.
SENATOR SABINI: Okay. Thank
you, Madam President.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: Thank you,
Madam President.
When Quick Draw was first suggested
to this body and our colleagues in the other
house -- as proposed by then Governor Cuomo, I
recall -- many of us had some serious concerns
about the appropriateness of this type of
gambling venue in convenience stores and
particularly in bars, where people who would
be drinking would be perhaps less inclined to
be reserved and appropriate in the amount of
money they left on that bar in the form of
gambling.
We suggested then that if it were
adopted, even with the restrictions
proposed -- size, portion of revenue for food,
3629
and every five minutes -- that in time those
restrictions or limitations would be eroded
and Quick Draw, which we labeled crack, crack
gambling, would be even more pervasive and
more destructive.
And our fears are now justified.
We've gone to every four minutes. They want
to eliminate food. And the next thing will be
to eliminate size. So every small convenience
store, bodega, bar, tavern in the state will
eventually -- for those who wish to see it
expanded, it will come about.
Now, why is this a problem? Well,
you know, you can gamble as much as you want
depending on how fast you are in filling out
those cards. Who are the individuals who are
more prone to be in the small bars and taverns
and convenience stores throughout this state?
Are they going to be millionaires, the very
wealthy, the affluent? No. They'll be
largely low-to-middle-income people who will
be tempted to wage their paycheck. Instead of
spending that money on goods and services for
their families, it will go into that machine.
So video crack is what it is, a
3630
highly addictive, compulsive form of gambling
that has contributed to the million or more
people in the state who are problem and
compulsive gamblers.
This is the wrong thing to do. It
was wrong to start it in the first place. But
to make it even worse in this fashion makes no
sense whatsoever.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I think that I'd like to just rise
in respect for Senator Padavan and the work
he's been doing on these issues to highlight
to us how dangerous certain particular types
of gambling are.
Quick Draw has proven itself to be,
as he said, a serious attraction for the
problem gambler. The combination of drinking
and gambling together in an intensive,
ongoing, potentially hour-upon-hour structure
is exactly the type of thing we ought to be
working to try to make sure we protect our
3631
population from getting caught up in.
And that at minimum, before we
looked at any other issues relating to an
expansion of this kind of gambling, we should
be building in programs for problem gamblers,
and we should be doing true cost-benefit
analysis of the revenue being raised, quote,
unquote, for the State of New York from
expansion of this type of gambling versus the
actual costs to both our people and to our
communities from rapidly expanding the type of
activity that not just is likely to increase
the number of problem gamblers we have in the
state, but truthfully also correlate with an
increase in problem drinking, since these are
two things that are done side by side in bar
establishments.
And while I have my own concerns
overall about expansion of all types of
gambling, I think that the research has shown
that in Quick Draw in particular, this is the
type of gambling that is harming our
populations and our communities.
So I'll also be voting no against
this bill. And I think we should be doing far
3632
more homework, as Senator Padavan keeps
pointing out to us, about the true cost
impacts for our communities as we continue to
move forward with expansion of gambling of all
types.
Thank you, Madam President.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Madam President,
if I may, please. Thank you.
I'd just like to point out to my
colleagues that this bill doesn't question the
nobility of gambling. It doesn't address that
at all. It takes for granted that gambling is
already part of the social structure and it is
a legal enterprise with regard to Quick Draw.
And this bill in particular, it's
simply aimed at assisting small businesses
that already, as the earlier Senator noticed,
are competing in the marketplace. And the
25 percent food set-aside is really an
arbitrary figure. There's nothing that says
that someone gambling is even going to eat in
an establishment.
But what does happen is that those
establishments that maybe sell 20 percent of
3633
their marketable goods cannot participate in
Quick Draw. And this would assist them. If
they sell 15 percent or 24 percent, they're
out of the market.
So this bill simply recognizes that
the arbitrary 25 percent set-aside does not
help those small businesses that would benefit
from Quick Draw sales, and it doesn't take
into account in any way, shape, or form the
efficacy of gambling.
Thank you, Madam President.
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: Those recorded in
the negative on Calendar Number 464 are
Senators Duane, L. Krueger, Montgomery,
Padavan, and Saland. Ayes, 52. Nays, 5.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
514, by Senator Marcellino, Senate Print
3634
5861A, an act to amend the Environmental
Conservation Law.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
948, by Senator Kuhl, Senate Print 5178, an
act to amend the Vehicle and Traffic Law, in
relation to special hauling permits.
SENATOR LIZ KRUEGER:
Explanation, please.
THE PRESIDENT: Senator Kuhl, an
explanation has been requested.
SENATOR KUHL: Thank you, Madam
President.
This is a bill that would exclude
municipalities from being required to have
permits for overload vehicles.
SENATOR LIZ KRUEGER: Madam
3635
President, if, through you, the sponsor would
yield.
THE PRESIDENT: Senator Kuhl,
will you yield for a question?
SENATOR KUHL: I'd be happy to.
THE PRESIDENT: You may proceed,
Senator, with a question.
SENATOR LIZ KRUEGER: Somehow I
was waiting for a longer punch line. It threw
me off.
Through you, Madam President. Are
we talking about increasing the size of trucks
that will be on our roads or the number of
this-size trucks on our roads?
SENATOR KUHL: The basic emphasis
of this is to increase the number of trucks
that will actually be allowed to operate on
the roads under overload permits.
Municipalities currently, I
believe -- the number is something like 7,000
to 8,000 of the -- I think it's roughly 25,000
permits that are offered every year. And what
that does is it restricts the other people who
might want to travel interstate or intrastate
commerce who are private sector from actually
3636
getting those permits.
And so that's one of the genesis.
There is a provision for the enlargement of
the permit up to -- I believe it's
117,000 pounds, with the understanding that
there's a seventh axle that's being provided
which is supposed to even the load across the
road so that it doesn't create any damage to
the road system as such.
There's a fee that's attached to
this as part of that which would generate some
additional revenue under that provision.
Obviously, if the municipalities are excluded
from having to make that application, then
they are giving, if you will, a tax break to
the municipalities.
But obviously, on the other end of
that, you have private-sector people coming in
who will fulfill that new void, if you will,
for additional permits. So that portion of
the bill is revenue-neutral.
SENATOR LIZ KRUEGER: Thank you.
Madam President, if the sponsor
will continue to yield, please.
THE PRESIDENT: Senator Kuhl,
3637
will you yield for a question?
SENATOR KUHL: Yes, I will, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
Does this bill allow municipalities
to exempt themselves from this law and prevent
these greater numbers of larger trucks from
driving through their municipalities? Or if
the state passed this law, would they be
required to allow these vehicles down their
roads?
SENATOR KUHL: I think if your
question, Senator, is is this going to allow
municipalities to essentially operate without
any restrictions or requirements, the answer
is no.
They're still bound by the overall
weight limits. They just don't have to get an
overload or overweight permit per se.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator Kuhl,
3638
will you yield for another question?
SENATOR KUHL: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
No, my question, I think, was too
vaguely spoken, since that wasn't the
question.
The question is, if I am the City
of New York, even if the State of New York
passes this law, can I still say no,
17,000-pound trucks cannot come down my roads,
they're too heavy for my roads, even though
New York State is now recognizing and allowing
these larger vehicles on state roads?
SENATOR KUHL: You as a person,
Senator, representing the City of New York
shouldn't have any concern whatsoever, because
the visible load permit system does not apply
to the City of New York as it currently
exists.
SENATOR LIZ KRUEGER: Madam
President, through you, if the sponsor would
yield.
THE PRESIDENT: Senator Kuhl,
3639
will you yield for another question?
SENATOR KUHL: Yes.
THE PRESIDENT: You may proceed
with a question.
SENATOR LIZ KRUEGER: Thank you.
The Senator is so knowledgeable about
transportation law.
If I was representing the City of
Troy, would it apply to me? Or is only
New York City excluded?
SENATOR KUHL: Well, if you were
traveling in the city of Troy on a state
highway, yes, you would have to make an
application, generally speaking, for an
overload weight permit.
But what this does is now, being a
municipality, if you are reaching out and
currently getting those overload permits, you
would be excluded from having that obligation
now in the future, after the Assembly passes
the bill and the Governor signs it into law.
SENATOR LIZ KRUEGER: Thank you.
Madam President, if, through you,
the sponsor would continue to yield.
THE PRESIDENT: Senator Kuhl,
3640
will you yield for a question?
SENATOR KUHL: Yes, I'd be happy
to, Madam President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
In the memo attached to the bill,
it talked about the need to do this so that
American trucking companies could compete with
Canadian companies. If it's product being
moved from Point A to Point B in the U.S.
versus Canada, where's the competition there?
I mean, are -- is American product
driving up to Canada, driving across Canada,
changing trucks and coming back? I'm a little
confused on that.
SENATOR KUHL: No, the problem
is, Senator, quite frankly, is that in this
country we seem to be more restrictive than in
some neighboring countries.
So that what you have is a truck
that has to comply with the weight permits has
to kind of underload itself and then go to the
border, which the weight limits then
essentially change, and so that they could
3641
then carry more product in Canada.
So what you're finding is that the
Canadian trucking industry has a greater
capacity to move product than we do here in
this country. So if you're going to compete
against them in their own country, then you
limit our trucks to having a lower, if you
will, load to carry, which then gets to be
more costly.
That's the reason.
SENATOR LIZ KRUEGER: Thank you.
Madam President, briefly on the
bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
I'm going to bow to the greater
knowledge of Senator Kuhl about trucking and
transportation than I have.
I will say that I think that the
record shows that the larger the trucks, the
greater damage we're doing to roads, the
greater risk there is in accidents.
And that, frankly, our goal should
be to be expanding our rail system to move
3642
heavy leads of products from location to
location, and we should be working to decrease
our reliance on trucks for long-distance
hauling and large quantities of hauling.
So in my heart I believe that this
isn't the direction we should go. We should
be going towards more rail traffic for moving
product, not bigger and bigger trucks.
But at the same time, I don't have
the expertise to make enough of an argument to
myself to vote against the bill. So thank
you, and thank you, Senator Kuhl, for the
explanation.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
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, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
3643
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1173, by Senator Seward, Senate Print 1447A,
an act to amend the Insurance Law --
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Seward,
an explanation has been requested.
SENATOR SEWARD: Certainly, Madam
President.
This legislation would create the
New York Health Benefit and Cost Commission,
which would be made up of 13 members, with
appointments by the Governor, the Majority
Leader of the Senate, the Speaker of the
Assembly. And I might add the Minority
3644
Leaders in each house as well would have
appointments to this commission.
What this group would do is, upon
the request of the Governor or legislative
leaders, the commission would review and issue
a report on any proposed new legislation that
would mandate a particular health benefit to
insurance policies in New York or do an
analysis of existing health benefit mandates
that are currently in law.
Now, the commission would have
public hearings and gather information and
provide both the Governor, the legislative
members, and the general public with some
good, sound data regarding such issues as the
cost of health mandates, utilization rates,
the access to health care and health benefits,
anything to do with the proposed or existing
health benefit mandates.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
If the sponsor would please yield for one
question.
3645
THE PRESIDENT: Senator Seward,
one question. Will you yield?
SENATOR SEWARD: Certainly. For
one question, Madam President.
THE PRESIDENT: You may proceed
with a question, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Senator Seward, I appreciate your
explanation. I couldn't agree with you more
about how important it is for us to be
evaluating our health insurance programs and
the cost.
So my question is, why doesn't this
bill include in it or why don't we also bring
to the floor a bill by Senator Balboni,
S3757A, which would amend the Insurance Law to
require review of health plan rates, increase
applications and to repeal certain provisions
of the law?
This was a law. We let it sunset.
We are now not requiring health insurance
companies to go to the Department of Insurance
to have ongoing reviews for any rate increase
per year.
It's a bill that worked when we had
3646
it in law. It grew out of issues that took
place before 1996. The law went into
effect -- it's now been sunsetted for, just
double-checking, I think since 2000. Or a
little after 2000. Excuse me if I have my
dates wrong. It's been reintroduced since the
2001-2002 session.
And it just seems to me, based on
what you were describing your bill to be, this
is exactly the type of bill we should also be
passing in the Senator or incorporating into
your bill. So I'm wondering why we don't do
this one also.
SENATOR SEWARD: Well, Madam
President, the legislation before us has to do
with health insurance mandates, either
proposed or existing mandates.
Senator Krueger is addressing a
separate issue, which obviously we continue to
review. I would best answer the Senator,
Madam President, by simply saying that's a
discussion for another day, which we're
welcome to have, concerning Senator Balboni's
legislation. This particular -- and your
input is appreciated on that issue.
3647
SENATOR LIZ KRUEGER: Thank you.
SENATOR SEWARD: This particular
legislation is quite a bit different because
of the fact that we do need, I believe, as a
legislature, as policymakers to have before us
good, sound data regarding the true costs and
benefits of the various proposed and existing
health insurance mandates.
This legislation before us I think
is very worthy on its own. The other
legislation that the Senator discusses I think
is a discussion for another day.
SENATOR LIZ KRUEGER: Thank you.
Madam President, briefly on the
bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
I respect Senator Seward's response.
I do think the two are
extraordinarily germane. And the bill he's
putting before us today, it's saying before we
expand mandates in health insurance there
should be a public review, there should be a
commission, there should be discussion of the
3648
costs and the benefits and the pluses and
minuses for the State of New York.
I think actually in Senator
Balboni's bill -- which requires, on the other
side, insurers to come to the commission on
insurance to have public hearings, to hear the
debate of the realistic, or lack thereof,
arguments for these types of rate hikes --
that it's the same argument, whether we're
looking at what will health insurance cover or
what will health insurance cost from both the
consumer perspective and the industry
perspective.
So I did purposely want to take the
moment to highlight for my colleagues that
this is an important bill, a bill that we
should pass through this house that is, I
think, directly germane to the arguments that
Senator Seward makes in his current bill.
I believe we owe it to the people
of New York to have both a public and a
transparent process for making decisions about
what kinds of coverage we're going to mandate
in health care insurance in the State of
New York, and to also have an equally open,
3649
transparent, and public process for making
determinations of how much those rate costs
can go up by any specific insurance company in
any given year.
So I am glad to hear that Senator
Seward believes this is a topic for another
day. I hope that day will be soon.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
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, 58.
THE PRESIDENT: The bill is
passed.
Senator Volker, that completes the
controversial reading of the calendar.
SENATOR VOLKER: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: Yes, there is,
Senator.
3650
Senator Libous.
SENATOR LIBOUS: Madam President,
on behalf of Senator Padavan, on page 65 I
offer the following amendments to Calendar
Number 1478, Senate Print Number 7231, and ask
that said bill retain its place on the Third
Reading Calendar.
On behalf of Senator Hannon, on
page 49 I offer the following amendments to
Calendar Number 1202, Senate Print Number
7058, and ask that said bill retain its place
on the Third Reading Calendar.
And on behalf of Senator Kuhl, on
page 21 I offer the following amendments to
633, Senate Print Number 6073, and ask that
said bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
Senator Volker.
SENATOR VOLKER: Madam President,
if we can stand at ease momentarily.
We're waiting for the copy of the
Rules report and a couple of other things, and
3651
then we're going to do the extender in a
little while.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 4:08 p.m.)
(Whereupon, the Senate reconvened
at 4:15 p.m.)
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of
Finance Committee at the desk. I ask that it
be read at this time.
ACTING PRESIDENT BONACIC:
Reports of standing committees.
The Secretary will read, please.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations.
As a member of the Workers'
Compensation Board, Frances M. Libous, of
Binghamton.
ACTING PRESIDENT BONACIC:
3652
Senator Libous.
SENATOR LIBOUS: Mr. President,
could I request permission to abstain from
voting on this nominee, please.
ACTING PRESIDENT BONACIC:
Without objection, Senator Libous will be
excused from voting on this appointment.
All in favor of the confirmation of
Frances M. Libous for member of the Workers'
Compensation Board, please say aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC: Any
opposed?
(No response.)
ACTING PRESIDENT BONACIC:
Carried.
Frances M. Libous is now a member
of the Workers' Compensation Board.
(Applause.)
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: As a member of
the Ogdensburg Bridge and Port Authority,
Frederick J. Carter, of Ogdensburg.
As a member of the Small Business
3653
Advisory Board, David K. Wilcox, of Holland
Patent.
As a member of the Empire State
Plaza Art Commission, Barbara W. Thuesen, of
Ithaca.
As a member of the board of
directors of the New York Convention Center
Operating Corporation, Mary A. D'Elia, of
New York City.
As a member of the Council on Human
Blood and Transfusion Services, Robert A.
Dracker, M.D., of Liverpool.
As members of the State Hospital
Review and Planning Council, Michael A.
Berman, M.D., of New York City; Renee Garrick,
M.D., of Bedford; Richard H. Ketcham, of
Fredonia; and Marc I. Korn, of East Amherst.
And as a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Montrose,
William M. Laufenberg, of Congers.
SENATOR MORAHAN: Mr. President.
ACTING PRESIDENT BONACIC:
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
3654
President, it's my pleasure to vote for this
wonderful nomination of Bill Laufenberg from
Rockland County.
Bill enlisted on his 18th birthday
in the U.S. Navy in 1942, four months after
the Pearl Harbor attack. Bill served in
Europe, Africa, the Middle East, as well as
assignments in the Asiatic, Pacific, and Korea
war zones.
He received commendations for
participating in Operation Greenhouse, the
atomic testing in 1951, and he retired in 1963
as a master chief petty officer.
He went on to receive a B.S. degree
and a master's degree in history from the
University of Rochester. He taught American
history in secondary schools, served as the
district supervisor of social studies in the
South Orangetown Central School District, and
went on to serve as a department chair in the
Ramapo Indian Hills School District.
He has had 27 years' experience as
an educator. He currently serves in many
civic volunteer posts and is an active member
of the American Legion, Korean War Veterans,
3655
and a life member of the Veterans of Foreign
Wars.
It is my pleasure to vote for this
nominee.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Morahan.
Senator Johnson.
SENATOR JOHNSON: Move the
nominations, Mr. President.
ACTING PRESIDENT BONACIC: All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
appointments are carried.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 7473, by the Senate
Committee on Rules, an act making
appropriations for the support of government.
3656
ACTING PRESIDENT BONACIC:
Without objection, the bill is reported to
third reading.
Senator Skelos.
SENATOR SKELOS: I believe
there's a report of the Rules Committee at the
desk. I ask that it be read at this time.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 50, by Senator
Padavan, an act to amend the County Law;
1897, by Senator Seward, an act to
amend the Tax Law;
1928A, by Senator Saland, an act to
amend the Criminal Procedure Law;
3580, by Senator Flanagan, an act
to amend the Real Property Law;
4086A, by Senator Meier, an act to
amend the Real Property Tax Law;
5394B, by Senator Paterson, an act
to establish;
5501A, by Senator Libous, an act to
3657
amend the Civil Practice Law and Rules;
5526B, by Senator Larkin, an act to
amend the Real Property Tax Law;
5728A, by Senator Wright, an act to
amend the Public Service Law;
5889, by Senator Kuhl, an act to
amend the Education Law;
6511, by Senator Hannon, an act to
amend the New York State Medical Care
Facilities Finance Agency Act;
6735, by Senator Kuhl, an act to
amend the Public Authorities Law;
6741B, by Senator Rath, an act to
amend the Social Services Law;
6871, by Senator LaValle, an act to
amend the Environmental Conservation Law;
6892, by Senator Hannon, an act to
amend the Vehicle and Traffic Law;
7244, by Senator Wright, an act to
amend the Environmental Conservation Law;
7350, by Senator Hoffmann, an act
to amend the General Municipal Law;
7360A, by Senator DeFrancisco, an
act to amend the Executive Law;
7366, by Senator Skelos, an act to
3658
amend the Education Law;
7401, by Senator Seward, an act to
amend the Volunteer Ambulance Workers' Benefit
Law;
7408, by Senator Saland, an act to
amend the County Law;
7412, by Senator Little, an act to
amend the General Municipal Law;
7418, by Senator Meier, an act to
amend the Town Law;
7442, by Senator Balboni, an act to
amend the Criminal Procedure Law;
7444, by Senator Padavan, an act to
amend the General City Law;
And Senate Print 7448, by Senator
Morahan, an act to amend Chapter 256 of the
Laws of 2003.
All bills ordered direct to third
reading.
SENATOR SKELOS: Move to accept
the report of the Rules Committee, Mr.
President.
ACTING PRESIDENT BONACIC: All in
favor of accepting the report of the Rules
Committee say aye.
3659
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1507.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Calendar Number
1507, by the Senate Committee on Rules, Senate
Print 7473, an act making appropriations for
the support of government.
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT BONACIC: Yes,
there is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT BONACIC: All in
favor of accepting the message of necessity
3660
and appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT BONACIC: The
message is accepted.
The Secretary will read.
THE SECRETARY: Section 26. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I believe there's an amendment at
the desk. I would waive its reading and ask
to be heard on the amendment.
ACTING PRESIDENT BONACIC: The
reading is waived.
Senator Schneiderman, on the
amendment.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
This is an amendment to honor a
commitment that we made to the City of
3661
New York, to the taxpayers and voters of the
City of New York last year.
In the 2003-2004 state budget,
which we passed overriding the vetoes of the
Governor, we were supposing to be addressing
and attempted to address a fiscal crisis in
New York City. As everyone here knows, after
September 11th there was a devastating
economic as well as social and psychological
impact on the City of New York.
We didn't do much for the City of
New York in last year's budget, in fact. We
didn't really honor a lot of the commitments
that were made during the emotional days
following September 11th.
We did not reinstate the annual
$114 million payment to the city that was paid
for decades to compensate for the elimination
of the stock transfer tax and that we killed a
month after the September 11th catastrophe.
We didn't equalize education aid and are now
facing stalled budget negotiations because of
that. We didn't do anything to equalize
transit aid or deal with Medicaid costs.
The only two things we did in last
3662
year's budget for New York City were that we
provided the authority for the city to tax its
own residents at higher rates, which the city
did -- we raised sales taxes and property
taxes -- and we committed ourselves to a
payment of $170 million a year for 30 years so
that the city could refinance its MAC debt.
Now, the MAC debt, from the
Municipal Assistance Corporation, is around
from the 1970s; $2.5 billion is left over.
And by our commitment, we would save the City
of New York $500 million a year.
What has happened since we passed
that legislation and overrode the Governor's
veto last year I think is almost a study in
passive resistance by the Executive branch.
The Local Government Assistance Corporation,
which the Governor controls two out of the
three appointees, refused to make the payments
and sought a declaratory judgment that they
didn't have to make the payments that are the
one thing we did for New York City last year
to help with its fiscal crisis, the commitment
of $170 million a year for refinancing the MAC
debt. They sued to try and stop us from even
3663
doing that.
On May 13, 2004, the Court of
Appeals of the State of New York declared the
MAC Financing Act constitutional, legal and
proper, and we were able to go forward.
New York City is planning to sell
about $1.5 billion of its old debt by
June 15th, and an additional $1 billion in
July, just implementing the program that we
committed ourselves to last year. These sales
cannot proceed without a state appropriation
of the $170 million for this year and budget
language clarifying the terms of the
restructuring. We haven't done either of
those.
So this amendment, very simply,
adds the appropriation of $170 million that we
committed ourselves to, that the Governor has
been fighting tooth and nail to stop, and that
we owe to the people of the City of New York.
Quite frankly, if we pass this
budget extender without adding the
$170 million, we are acquiescing in the
Governor's ongoing refusal to provide this
much-needed assistance to the City of
3664
New York.
Now, we had a discussion last week
about the relative burdens borne by the city
and other parts of the state. I made the
point that all of the studies of the budget
that I'm aware of indicate that the citizens
of the City of New York, the taxpayers, pay
out about $3.5 billion more than they receive
back in services and funds from the State of
New York. So the city subsidizes the rest of
the state.
During its fiscal crisis, the one
thing we committed to do was to provide this
$170 million. I think we should pass this
amendment and we should put the Governor in
the position of having to publicly acknowledge
what he's doing behind the scenes, which is
trying to kill a piece of legislation he
didn't like last year which we passed, which
he tried to block in court.
The City of New York needs this
money. They're not going to be able to sell
their bonds. The price of the bonds is not
going to be as good. We've already cost
millions of dollars just by the delay and the
3665
insecurity in the markets created by the
resistance of the Executive branch.
So I would urge my colleagues to
support this amendment. Let's fulfill our
commitment to the City of New York. Let's
enable them to refinance their MAC debt. Time
is running out. And as with the money for
summer jobs we addressed last week, we will
not get an opportunity to do this again.
So this amendment would simply
fulfill our commitment, add a $170 million
appropriation to the city so that they can
refinance the MAC debt. And I would urge that
everyone support the amendment so that we can
allow the city to get on with these badly
needed bond sales in a timely manner.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Schneiderman.
Does any other Senator wish to be
heard?
Those Senators in agreement with
the amendment please signify by raising your
hands.
THE SECRETARY: Those recorded in
3666
agreement with the amendment are Senators
Breslin, Duane, Gonzalez, L. Krueger,
C. Kruger, Lachman, Montgomery, Onorato,
Oppenheimer, Parker, Paterson, Sabini,
Sampson, Schneiderman, A. Smith, M. Smith,
Stachowski, and Stavisky.
ACTING PRESIDENT BONACIC: The
amendment is lost.
Please read the last section.
THE SECRETARY: Section 26. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC:
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT BONACIC: On the
bill, Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
This is our 11th -- this is our
10th budget extender. We have now modified
the constitutional structure of the State of
New York. We now govern the State of New York
with one-week budget extenders. It is an
unusual process that has never been tried
before in any other state, but it's something
3667
that we're stuck with.
Because we are now governing the
State of New York with one-week budget
extenders, it is incumbent on us to make sure
that in those budget extenders we address all
of the issues we're supposed to be addressing
as a legislature.
This extender does not address many
issues that are on our desks, many issues that
concern our constituents. I think some of my
colleagues may speak about the fact that this
extender fails to move forward to implement an
important cost-saving program that would
enable senior citizens to obtain discount
cards.
We authorized the state to choose a
Medicare prescription drug discount card
provider, and it as of June 1st hasn't been
done. This costs New York City taxpayers
$83,000 every day. We haven't addressed that
in this extender. So we shouldn't be voting
for extenders that don't address these bills.
This extender does not enact any of
the Medicaid reforms proposed by either the
majority or the minority. We are costing
3668
local governments millions of dollars a day.
This extender does not redress the imbalances
in our state's school funding formula. It
doesn't even have any provisional step towards
resolving that critical issue.
So I would request my colleagues
that if you think about what we're really
doing here this year, which is running the
state on one-week extenders, we have to do a
better job of forcing the Governor, if he's
the obstacle, or the Assembly, if they're the
obstacle, or moving our own house forward to
address these issues, because this is not
moving forward at the kind of pace that gives
me any assurance that we're going to be able
to undo the harm we're doing. Every day we're
costing the taxpayers millions. Every day
we're costing local governments millions.
I'm going to vote no on this
extender, as I have in the past. And I would
once again urge my colleagues we cannot
continue to operate this way. If we're going
to run the state on one-week extenders, let's
deal with these issues in the extenders or
let's stay here till we pass a budget. I vote
3669
no, and I urge everyone to vote no.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Anyone
else wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 26. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1507 are
Senators Breslin, Duane, L. Krueger, Lachman,
Onorato, Parker, Paterson, Sabini,
Schneiderman, A. Smith, and Stavisky. Also
Senator Montgomery. Ayes, 47. Nays, 12.
ACTING PRESIDENT BONACIC: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT BONACIC: Yes,
we have a motion, Senator.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
3670
Mr. President.
On behalf of Senator Kuhl, I wish
to call up Calendar Number 1321, Assembly
Print Number 10052.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Calendar Number
1321, by Member of the Assembly DiNapoli,
Assembly Print Number 10052, an act to amend
the Environmental Conservation Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the Assembly bill
was substituted for Senate Print Number 6878
on 6/7.
ACTING PRESIDENT BONACIC: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
SENATOR FUSCHILLO: I now move
that Assembly Bill Number 10052 be recommitted
to the Committee on Rules and the Senate bill
be restored to the order of Third Reading
Calendar.
ACTING PRESIDENT BONACIC: So
3671
ordered.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT BONACIC: The
amendments are received.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Thank you, Mr.
President.
There being no further business to
come before the Senate, I move we stand
adjourned until Tuesday, June 15th, at
3:00 p.m.
ACTING PRESIDENT BONACIC: On
motion, the Senate stands adjourned until
Tuesday, June 15th, at 3:00 p.m.
(Whereupon, at 4:36 p.m., the
Senate adjourned.)