Regular Session - June 21, 2004
4337
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 21, 2004
3:13 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we 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 20, the Senate met pursuant to
adjournment. The Journal of Saturday,
June 19, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Madam President,
on behalf of myself, on page number 37 I offer
the following amendments to Calendar Number
1161, Senate Print Number 6186, and ask that
said bill retain its place on Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR McGEE: Thank you, Madam
President.
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.
4340
THE SECRETARY: On page 52,
Senator Oppenheimer moves to discharge, from
the Committee on Rules, Assembly Bill Number
10075A and substitute it for the identical
Senate Bill Number 6408A, Third Reading
Calendar 1642.
On page 52, Senator Balboni moves
to discharge, from the Committee on Finance,
Assembly Bill Number 10553 and substitute it
for the identical Senate Bill Number 7133,
Third Reading Calendar 1645.
On page 53, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11289 and substitute it
for the identical Senate Bill Number 7372,
Third Reading Calendar 1651.
On page 53, Senator Kuhl moves to
discharge, from the Committee on
Transportation, Assembly Bill Number 588 and
substitute it for the identical Senate Bill
Number 7389, Third Reading Calendar 1652.
On page 53, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 3838A and substitute it
for the identical Senate Bill Number 7403,
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Third Reading Calendar 1654.
And on page 54, Senator Balboni
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10417 and
substitute it for the identical Senate Bill
Number 7491, Third Reading Calendar 1662.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar in
its entirety.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar in its
entirety please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
4342
will read.
THE SECRETARY: Calendar Number
49, by Senator Farley, Senate Print 1465A, an
act to amend the Not-For-Profit Corporation
Law, in relation to providing for reporting.
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, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
61, by Senator Little, Senate Print 1414A, an
act to amend the Environmental Conservation
Law, in relation to county responsibility.
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.)
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THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
97, by Senator LaValle, Senate Print 2611B, an
act to authorize payment to the Riverhead
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, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
119, by Senator Kuhl, Senate Print 3438B, an
act to amend the Vehicle and Traffic Law, in
relation to replacement.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4344
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
120, by Senator Kuhl, Senate Print 4230A, an
act to amend the Vehicle and Traffic Law, in
relation to the towing of disabled vehicles.
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, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
122, by Senator Spano, Senate Print 5236B, an
act to amend the Vehicle and Traffic Law, in
relation to the registration.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the 180th day.
4345
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
229, by Senator Volker, Senate Print 5991A, an
act to amend the Civil Practice Law and Rules
and the Real Property Actions and Proceedings
Law.
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, 40.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 229, ayes, 39. Nays, 1.
Senator DeFrancisco recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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260, by the Assembly Committee on Rules --
SENATOR HASSELL-THOMPSON: Lay it
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
401, by Senator Little, Senate Print 6066A, an
act to authorize and direct the Commissioner
of General Services to convey.
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, 42.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
457, by Senator LaValle, Senate Print 5979, an
act to amend the Town Law, in relation to
authorizing the town board of the Town of
Southampton.
THE PRESIDENT: Read the last
section.
4347
THE SECRETARY: Section 2. 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.
Senator Spano.
SENATOR SPANO: Madam President,
there will be an immediate meeting of the
Higher Education Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
458, by Senator Wright, Senate Print 6024A, an
act to amend the General Municipal Law, in
relation to the purchase of farm products.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4348
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
471, by Senator McGee, Senate Print 2776D, an
act to amend the Vehicle and Traffic Law, in
relation to persons authorized.
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
651, by Senator Kuhl, Senate Print 6328A, an
act to authorize the County of Chemung to
bond.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
4349
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
759, by Senator Wright, Senate Print 6507A, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing.
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, 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
799, by Senator LaValle, Senate Print 6353A,
an act to amend the Education Law and the
Penal Law, in relation to hazing.
THE PRESIDENT: Read the last
section.
4350
THE SECRETARY: Section 6. This
act shall take effect on the first of July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
802, by Member of the Assembly P. Rivera,
Assembly Print Number 9878, an act to amend
the Mental Hygiene 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
809, by Senator Seward, Senate Print 4532A, an
act to amend the Insurance Law, in relation to
mortgage guaranty.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 8. 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
832, by Senator Fuschillo, Senate Print 6960B,
an act to amend the Agriculture and Markets
Law, in relation to creating civil penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 832 are
Senators Kuhl and Meier. Ayes, 49. Nays, 2.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
834, by Senator Balboni, Senate Print 7180A,
4352
an act to amend the General Business Law, in
relation to requiring.
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, 51.
THE PRESIDENT: The bill is
passed.
Senator Balboni, to explain your
vote.
SENATOR BALBONI: Yeah, I'd just
like to point out, as we go through the end of
session, there are a lot of measures that
sometimes go below the radar screen.
This is a bill that's designed so
as to not to have anybody be left on the side
of the road should their car break down. And
this is a bill that we believe is really going
to add immeasurably to the safety of the
consumers and travelers on this state's
highways. I think it's going to get passed in
the Assembly and become a law.
4353
Thank you very much, Madam
President.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
838, by Senator DeFrancisco, Senate Print
6909A, an act to amend the Public Authorities
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, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
907, by Senator Spano, Senate Print 6846A, an
act to amend Chapter 80 of the Laws of 1985,
relating to the New York Wine/Grape
Foundation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
4354
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
911, by Senator Robach, Senate Print 6429, 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, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
934, by Member of the Assembly Magee, Assembly
Print Number 10115C, an act to amend the
Agriculture and Markets Law, in relation to
including.
4355
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, 53.
THE PRESIDENT: The bill is
passed.
Senator Libous.
SENATOR LIBOUS: Could I have
unanimous consent to be recorded in the
negative on Calendar Number 832, please.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President. Can I have unanimous consent to be
recorded in the negative on Calendar Number
832, Senate 6960B.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Farley.
4356
SENATOR FARLEY: 832, I'd like to
vote no.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Seward, I think, is next.
SENATOR SEWARD: Yes, Madam
President. Likewise, I would like to be
recorded in the negative on 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Bonacic.
SENATOR BONACIC: Madam
President, could I have unanimous consent to
be voted in the negative on Calendar Number
832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. For a refreshing change of pace,
I'd like to be recorded in the negative on
Calendar Numbers 120, 229, and 471. And if I
4357
may have unanimous consent to do so.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on those bills.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
935, by Senator Hoffmann, Senate Print 6349A,
an act to amend the Agriculture and Markets
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
987, by Senator Hoffmann, Senate Print 173A,
an act to amend the Vehicle and Traffic Law,
in relation to leaving the scene of injury.
THE PRESIDENT: Read the last
section.
4358
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1048, by Senator Larkin, Senate Print 6677, an
act to amend the Real Property Tax Law, in
relation to subjecting certain state lands.
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.
THE SECRETARY: Calendar Number
1050, by Senator Trunzo, Senate Print 6865A,
an act to amend the Real Property Tax Law, in
relation to limitation.
4359
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.
THE SECRETARY: Calendar Number
1058, by Senator Farley, Senate Print 6470A,
an act to amend the Banking Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 12. 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 Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. I wish to seek unanimous
consent to be recorded in the negative on
4360
Calendar Number 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Likewise.
Negative on 832, please.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Stachowski.
SENATOR STACHOWSKI: Madam
President, I'd also like to get unanimous
consent to be recorded in the negative on
Calendar 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Rath.
SENATOR RATH: Madam President,
may I have unanimous consent to be recorded in
the negative on 832. Thank you.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
4361
Senator Saland.
SENATOR SALAND: Madam President,
I too request unanimous consent to be recorded
in the negative on Calendar 832.
THE PRESIDENT: Hearing no
objection, you will also be recorded as voting
in the negative.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1066, by Senator Kuhl, Senate Print 1973A, an
act to amend the Agriculture and Markets Law.
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1164, by Member of the Assembly Reilich,
Assembly Print Number 10224, an act to amend
the Local Finance Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
4362
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1177, by Senator Seward, Senate Print 5220C,
an act to amend the Insurance Law, in relation
to the investments.
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, 55.
THE PRESIDENT: The bill is
passed.
Senator Larkin.
SENATOR LARKIN: Madam President,
I'd like unanimous consent to be recorded in
the negative on Calendar Number 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Robach.
4363
SENATOR ROBACH: Yes, I too would
like to ask for unanimous consent to be
recorded in the negative on Calendar 832.
THE PRESIDENT: Hearing no
objection, you will also be recorded as voting
in the negative.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. Yes, I too would like
unanimous consent to be recorded in the
negative on Calendar Number 832.
THE PRESIDENT: Hearing again no
objection, you will be so recorded as voting
in the negative.
Senator Little.
SENATOR LITTLE: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar Number
119 and 832.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative on those bills.
SENATOR LITTLE: Thank you.
THE PRESIDENT: The Secretary
will continue to read.
4364
THE SECRETARY: Calendar Number
1179, by Senator Seward, Senate Print 6679B,
an act to amend the Insurance Law, in relation
to financial guaranty insurance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 17. 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
1180, by Senator Seward, Senate Print 6708A,
an act to amend the Insurance Law, in relation
to permissible investments.
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, 57.
THE PRESIDENT: The bill is
4365
passed.
THE SECRETARY: Calendar Number
1190, by Senator Skelos --
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1200, by the Assembly Committee on Rules,
Assembly Print Number 11061, an act to amend
the Public Health 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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1203, by Senator Hannon, Senate Print 7109, an
act to amend the Public Health Law, in
relation to authorizing.
THE PRESIDENT: Read the last
4366
section.
THE SECRETARY: Section 2. 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.
Senator Hoffmann.
SENATOR HOFFMANN: Madam
President, I'd request unanimous consent to be
recorded in the negative on Calendar 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
SENATOR HOFFMANN: Thank you.
THE PRESIDENT: You're welcome.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1228, by the Assembly Committee on Rules,
Assembly Print Number 10808A, an act to amend
the Education Law, in relation to making
certain technical amendments.
THE PRESIDENT: Read the last
4367
section.
THE SECRETARY: Section 7. This
act shall take effect April 1, 2004.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
SENATOR PADAVAN: Madam
President.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: Madam
President, by unanimous consent may I be
recorded in the negative on Calendar 1066.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
That bill was laid aside, Senator.
SENATOR PADAVAN: Oh, it was.
Then I withdraw my negative vote. Thank you.
Save it.
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: Calendar Number
1271, by Senator Maltese, Senate Print 2978B,
4368
an act to amend the General Municipal 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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1281, by Senator Larkin, Senate Print 5424B,
an act to amend the Civil Service Law, in
relation to the medical examination.
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 SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4369
1291, by Senator Golden, Senate Print 6699, an
act to amend the Administrative Code of the
City of New York, in relation to including a
25-year retirement program.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1296, by Senator Robach, Senate Print 7037, an
act to amend the Education Law, in relation to
the effective date of bills.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
4370
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1317, by Senator LaValle, Senate Print 5984A,
an act to amend the Environmental Conservation
Law, in relation to ceding underwater lands.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1320, by Senator Libous, Senate Print 6831B,
an act to amend Chapter 412 of the Laws of
1990 relating to authorizing.
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.)
4371
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1321, by Senator Kuhl, Senate Print 6878B, an
act to amend the Environmental Conservation
Law, in relation to requiring certain persons.
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.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1321 are --
THE PRESIDENT: Senator Little,
to explain your vote.
SENATOR LITTLE: Thank you, Madam
President. If I may, to explain my vote.
I certainly applaud the use of
wearing a bright color when you are hunting so
that you can be seen by others in the woods.
However, the question comes that when you
mandate it, it has been brought to my
attention, then, anyone without wearing it --
4372
people are only looking for that bright color,
not for someone who may not have a bright
fluorescent orange on.
And at the same time that hunters
may be in the woods, as unadvisable as I think
it should be, there can be hikers and other
people in the woods who are not hunting who
would not be under this requirement to wear
blaze orange.
Nor -- the other part of the bill
that I would suggest we do is that red is also
a bright color. And by going to blaze orange,
a lot of the red clothing would not fulfill
that requirement.
There is a big educational part of
every hunter safety course, that people wear
red or orange while they're hunting. And
while I agree with that, I object to mandating
the bill and will be voting in the negative.
SENATOR CONNOR: Madam President.
THE PRESIDENT: Senator Connor,
to explain your vote.
SENATOR CONNOR: Yes, to explain
my vote.
I first introduced a bill to do
4373
this 15 or 16 years ago. Other states require
it. A lot of sportsmen's groups oppose it
because they say, Oh, the deer can see blaze
orange. Well, talk to any scientist; the deer
are color-blind. That's been established.
But I do want to suggest to my
colleagues, if you go turkey hunting, do not
wear red. Do not wear red, white or blue when
you turkey-hunt, because these are the colors
that a turkey displays. And every hunter
safety course says by no means during turkey
season should you ever go into the woods in
red, white or blue.
Thank you.
THE PRESIDENT: Senator Connor,
how do you vote?
SENATOR CONNOR: Aye.
THE PRESIDENT: You will be
recorded as voting in the affirmative.
Senator Little, you will be
recorded as voting in the negative.
Senator Volker.
SENATOR VOLKER: Madam President,
to explain my vote.
First of all, I do want to say also
4374
that do not wear red if you're walking near a
farm where there's any bulls. That's a very
bad thing to do.
(Laughter.)
SENATOR VOLKER: The second thing
I have to say -- and I want to thank Senator
Kuhl for amending the bill -- there were
considerable discussions with the
environmental conservation people, with the
Sportsmen's Federation, and with the Safari
Club about this legislation. There was deep
concern about the original bill, which would
have required a much larger patch and all that
sort of thing.
The agreement basically was made
that by doing the amendment that Senator Kuhl
graciously did, that virtually all the
sportsmen clubs that I'm aware of agreed that
even though they, maybe somewhat grudgingly --
and let me just say that years ago there were
regulations for this.
I remember when I was young, which
is probably too long for a lot of people to
remember, that I used to have to wear -- I
think it was orange; I can't remember. But we
4375
had to wear some bright color, because that
was by DEC regulation. And that regulation
drifted away. Somebody had suggested if you
wore brown, you'd probably get shot at.
But the truth is that this is a
comparatively small piece of something in an
attempt -- for instance, a hat -- to help
identify someone in the woods. And my
colleague next to me here once was shot, which
most people don't realize -- Senator
Padavan -- during a hunting accident.
But I'm going to vote for this bill
because I think it has been amended the way I
think that most all organizations would agree
with, and I think it does have some really
substantial merit.
THE PRESIDENT: Senator Volker,
how do you vote?
SENATOR VOLKER: I vote in the
affirmative, I'm sorry.
THE PRESIDENT: You will be so
recorded as voting in the affirmative.
Senator Johnson.
SENATOR JOHNSON: Madam
President, I'd like to vote no on this bill.
4376
And I'll tell you, it could be a
dangerous bill. If this became law, and
somebody saw something move in the bushes,
there was no red patch on it, they'd probably
shoot it. It could be a hunter in camouflage.
So this is not the greatest bill in
the world, and I don't think we should pass it
at this time. I vote no.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1321 are
Senators Bonacic, Farley, Fuschillo, Hoffmann,
Johnson, Leibell, Libous, Little, Maltese,
Marchi, McGee, Meier, Nozzolio, Saland,
Seward, Spano, Stachowski, Wright. Also
Senator DeFrancisco. Ayes, 39. Nays, 19.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1336, by the Assembly Committee on Rules,
Assembly Print Number 8394A, an act to
authorize the Mohammads Mosque, Inc.
4377
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, 57. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
SENATOR SPANO: Madam President.
THE PRESIDENT: Senator Spano.
SENATOR SPANO: I request
unanimous consent to be recorded in the
negative on Calendar 832.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1345, by Senator Trunzo, Senate Print 6512B,
an act to amend the Real Property Tax Law, in
relation to the exemption.
THE PRESIDENT: Read the last
4378
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January
next succeeding.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1349, by Senator Balboni, Senate Print 6707A,
an act to authorize the County of Nassau to
discontinue.
THE PRESIDENT: There is a
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1360, by Senator Balboni, Senate Print 7132A,
4379
an act to allow the County of Nassau to grant
an easement.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1370, by Senator Farley, Senate Print 6868B,
an act to amend the Banking Law, in relation
to proposed bylaws.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. 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.
4380
THE SECRETARY: Calendar Number
1371, by Senator Farley, Senate Print 7127A,
an act to amend the Banking Law, in relation
to allowing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January
next succeeding.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1375, by Senator Wright, Senate Print 6746B,
an act to amend the Public Service Law and the
Public Authorities Law, in relation to
requiring.
THE PRESIDENT: Read the last
section.
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
4381
THE SECRETARY: Calendar Number
1378, by the Assembly Committee on Rules,
Assembly Print Number 8838A, an act to amend
the Mental Hygiene Law, in relation to the
appointment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 28. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1390, by Member of the Assembly Aubertine,
Assembly Print Number 7515, an act to amend
the Education Law, in relation to
consideration.
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.)
4382
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1472, by Senator Skelos, Senate Print 5823B,
an act to authorize a certain joint venture to
apply for a certificate.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1509, by Senator Hannon, Senate Print 7046A,
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.
4383
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1519, by Senator Saland --
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If I could
interrupt for a moment, I believe Calendar
Number 1375 was inadvertently laid aside. If
we could take it up at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1375, by Senator Wright, Senate Print 6746B,
an act to amend the Public Service Law and the
Public Authorities Law.
THE PRESIDENT: Read the last
section.
4384
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1528, by Senator Kuhl, Senate Print 6735, an
act to amend the Public Authorities Law, in
relation to procurements.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1605, by Senator Volker, Senate Print 7454A,
an act --
SENATOR SKELOS: Lay it aside
temporarily.
4385
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1606, by Senator Skelos, Senate Print 7458, an
act to amend the Criminal Procedure Law, in
relation to designating.
THE PRESIDENT: Read the last
section.
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1610, by Senator Wright, Senate Print 7482, an
act in relation to making certain findings and
determinations.
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, 58.
THE PRESIDENT: The bill is
4386
passed.
THE SECRETARY: Calendar Number
1611, by Senator Morahan, Senate Print 7488,
an act to amend the Penal Law, in relation to
requiring a mandatory life sentence.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Morahan,
to explain your vote.
SENATOR MORAHAN: Thank you,
Madam President.
This is a very important bill that
this house has passed three times in the past
sessions. In fact, we passed it most lately
in this session.
We have reached an accord with the
Assembly, which will also pass this bill a
little bit later today, which would allow for
life without parole in certain cases involving
someone 14 years or younger.
4387
The compromise, if you will,
entails no offender 18 or younger would be
subject to this clause. In addition, it would
only apply to rape, criminal sexual assault,
sexual abuse, and aggravated sexual abuse, and
intent would have to be proved. So that's the
compromise.
I have with me today two
D'Alessandro boys, John and Michael, who
represent their mother Rosemarie, who had
fought for this bill here for several years,
and also in New Jersey. And New Jersey passed
it. And when this is passed in the Assembly,
I assume, rightfully so, that the Governor
will sign it into law.
Thank you, Madam President.
THE PRESIDENT: You will be
recorded as voting in the affirmative, Senator
Morahan.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
4388
THE SECRETARY: Calendar Number
1642, substituted earlier today by Member of
the Assembly Tocci, Assembly Print Number
10075A, an act authorizing the City of
New Rochelle.
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, 57. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1643, by Senator Spano, Senate Print 7070, an
act to amend the Public Health Law, in
relation to the number of members.
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.)
4389
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1644, by Senator Farley, Senate Print 7123, an
act to amend the Penal Law, in relation to
increasing the penalty.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1645, substituted earlier today by Member of
the Assembly McEneny, Assembly Print Number
10553, an act requiring the Commissioner of
the Office of General Services.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
4390
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Balboni,
to explain your vote.
SENATOR BALBONI: Yes, Madam
President, I'd like to just provide a little
bit of clarification.
This bill before us would
memorialize in the World War II monument the
story of the four chaplains -- a rabbi by the
name of Goode, a reverend by the name of Fox,
another reverend by the name of Poling, and a
priest by the name of Washington -- who,
during World War II, committed the most
incredible act of heroism. As the ship was
going down, they gave their own life jackets
to soldiers who were trying to get into the
icy water. And the last scene anybody saw was
the four chaplains linked arm in arm praying
to God as the ship went below the water's
surface.
Now, I'd like to thank Senator
Fuschillo for bringing this to my attention.
This is a wholly appropriate memorial to have
4391
in our wonderful World War II memorial.
But there is a policy, and it is
the policy of the state -- and I want to make
sure that people understand that this bill is
intended to be consistent with that policy,
and that is that we don't recognize
individuals. So the monument is to have the
dedication to the four chaplains, but the four
chaplains in and of themselves will not be
named.
I think this is a very, very
appropriate monument for us to have in this
state, and I hope that everybody will vote for
it.
Thank you very much, Madam
President.
THE PRESIDENT: You will be
recorded as voting in the affirmative,
Senator.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
4392
1646, by Senator Hoffmann --
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: In relation to
Calendar Number 1647, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11222 and substitute it
for the identical Senate Bill Number 7185A,
Third Reading Calendar 1647.
THE PRESIDENT: Substitution
ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1647, by the Assembly Committee on Rules,
Assembly Print Number 11222, an act to amend
the Real Property Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
4393
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1648, by Senator Marcellino, Senate Print
7311, an act to amend the Criminal Procedure
Law, in relation to evidence.
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, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1649, by Senator Spano, Senate Print 7314A, an
act to amend the Tax Law, in relation to
excluding.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
sales tax quarterly period.
4394
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1650, by Senator Balboni, Senate Print 7362A,
an act to allow the Town of North Hempstead to
convey certain parkland.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
next sales tax quarterly period.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1651, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11289, an act to amend the Real
Property Tax Law, in relation to exemption.
4395
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1654, substituted earlier today by Member of
the Assembly Ortiz, Assembly Print Number
3838A, an act to amend the Labor Law, in
relation to reports.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1655, by Senator Padavan, Senate Print 7404A,
4396
an act to amend the Real Property Tax Law, in
relation to exemption.
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, 57. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1656, by Senator Farley, Senate Print 7405, an
act authorizing the City of Schenectady.
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 Larkin,
to explain your vote.
SENATOR LARKIN: Madam President,
this is an excellent bill. It's going to
4397
benefit the City of Schenectady.
There are 17 counties in this state
that need this same benefit. So I would like
to make sure that everyone starts to look at
it, because it is some of your municipalities
that are not included.
I commend the sponsors for trying
to help bail out a city, but there are other
cities, towns and villages and counties in
this state that are in dire shape just like
the City of Schenectady.
THE PRESIDENT: You will be
recorded as voting in the affirmative,
Senator.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1660, by Senator Volker, Senate Print 7480, an
act to allow a filing for state aid by the
Gorham-Middlesex Central School District.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
4398
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect July 1, 2004.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1661, by Senator McGee, Senate Print 7481, an
act to authorize the payment of state
snowmobile trail development and maintenance
aid.
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 1661 are
Senators Fuschillo, Nozzolio, and Spano.
Ayes, 55. Nays, 3.
THE PRESIDENT: The bill is
passed.
4399
THE SECRETARY: Calendar Number
1662, substituted earlier today by Member of
the Assembly DiNapoli, Assembly Print Number
10417, an act to amend the Real Property Tax
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1663, by Senator Spano, Senate Print 7499A, an
act to amend the Public Authorities Law, in
relation to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
4400
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1664, by Senator Larkin, Senate Print 7505, an
act to amend the Penal Law, in relation to
making the operation of an ATV upon the real
property of a farm operation.
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, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Morahan.
SENATOR MORAHAN: Yes, thank you,
Madam President. Could I be recorded in the
negative on Calendar 832.
THE PRESIDENT: Hearing no
4401
objection, you will be so recorded as voting
in the negative.
SENATOR MORAHAN: And also on
Calendar 1661.
THE PRESIDENT: Hearing no
objection, you will be also be recorded as
voting in the negative on that bill.
Senator Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. I request unanimous consent
to be recorded in the negative on Calendar
Number 1321.
SENATOR BROWN: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, could I have unanimous consent to
be recorded in the negative on Calendar Number
1661.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
4402
I request unanimous consent to be recorded in
the negative on Calendar 229.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative.
Senator Brown.
SENATOR BROWN: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 832.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Before we go to
the controversial calendar, I'd like to call a
meeting of the Rules Committee. And then
proceed with the controversial calendar.
THE PRESIDENT: There will be a
4403
meeting of the Rules Committee in the Majority
Conference Room.
THE SECRETARY: Calendar Number
260, by the Assembly Committee on Rules,
Assembly Print Number 8589A, an act to amend
the General Business Law.
SENATOR HASSELL-THOMPSON:
Explanation, please.
THE PRESIDENT: Senator LaValle,
an explanation has been requested.
SENATOR LaVALLE: Thank you,
Madam President.
This legislation, with but a few
changes, was passed last year by both houses,
went to the Governor, and the Governor vetoed
it. This legislation had two public hearings,
that were held by Senator Fuschillo and
myself, and has undergone numerous meetings by
or with all of the stakeholders that are
involved.
You might recall in last year's
debate that this bill really should be titled
a "Franchisee's Bill of Rights." Presently a
franchise owner is really -- when he or she
signs a contract with the franchiser, does so
4404
under enormous perils. We have found that
many of the contracts have placed the
franchise owner in a negative position.
And I think we know that the great
American dream -- one of the great American
dreams is to own your own business. And so
many times people will accept terms and
conditions that they might not normally
accept.
And so this bill really deals with
certain protections and we believe will make
greater competition for the consumer. Greater
competition because, if we take off some of
the controls and the shackles placed upon the
franchisee, then they can compete, and they
can compete with a company-owned station.
And more and more company-owned
stations are being built. And so the company
can place on the franchisee certain conditions
to have them at a higher price than the
company-owned station.
And so what we do is we really
protect the franchisee from direct competition
by placing mild limits from new company-owned
stations from being placed in these zones, and
4405
they're spelled out in the legislation. And
it depends on whether it is in a county with a
population of 900,000 people or more, whether
it's located in a city or outside of a city.
And that is spelled out in the legislation.
We sunset the legislation after
three years. And we also -- one of the things
that has come up is whether, if I am a
franchisee, a Mobil franchisee, does this
prohibit a Hess station from locating within
that zone. And the answer is no.
So there continues to be
competition between different types of
gasoline. What we are doing is protecting a
franchisee from a franchiser. And it is
really that simple.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
Senator LaValle, thank you for your
explanation.
I have continued to vote yes on
this bill in support of small businesses and
their efforts. This bill went before the
4406
Governor, and it was vetoed. And I continue
to be amazed at how many times we find
ourselves sometimes on the same side.
But particularly because, as we
look at the numbers of businesses that have
become engulfed by mergers, the small
franchisee finds themselves in the position of
not being offered the opportunity to expand
their businesses and the competition by new
businesses coming in very close to them really
knocks them out of the box.
I know that a lot of my
colleagues -- and we've had discussion about
this bill, and there's some concern about the
variation in distances as opposed to New York
City versus upstate New York. But I still
think that the bill has tremendous merit, and
it does support small businesses. Therefore,
I will continue to vote in the affirmative.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Senator Stavisky.
SENATOR STAVISKY: Madam
President, I too commend the sponsor for this
4407
legislation.
My concern is for the
mom-and-pop-type service stations who somehow
seem to be disappearing from the competition
with the company-owned stations. I think this
is a very good piece of legislation, and I
urge the Governor to sign it.
Thank you.
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 LaValle,
to explain your vote.
SENATOR LaVALLE: Thank you,
Madam President.
I just want to rise to vote in the
affirmative. But I also wanted to commend the
chairman of our Consumer Protection Committee,
Senator Fuschillo, for his support, his work
on this, the hearings that we held, and his
guidance in the meetings that we've had with
the stakeholders.
4408
Thank you, Madam President.
THE PRESIDENT: Senator LaValle,
you will be recorded as voting in the
affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 260 are
Senators Brown, Parker and Paterson. Ayes,
55. Nays, 3.
THE PRESIDENT: The bill is
passed.
Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on 1661.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Libous.
SENATOR LIBOUS: Could I also be
recorded in the negative on 1661.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
4409
Senator Connor.
SENATOR CONNOR: Yes, thank you,
Madam President. May I have unanimous consent
to be recorded in the negative on Calendar
Number 260.
THE PRESIDENT: Senator Connor,
you will be recorded as voting in the negative
on that bill.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1066, by Senator Kuhl, Senate Print 1973A, an
act to amend the Agriculture and Markets Law,
in relation to duties of the Commissioner of
Agriculture.
SENATOR HASSELL-THOMPSON:
Explanation.
THE PRESIDENT: Senator Kuhl, an
explanation has been requested.
SENATOR KUHL: Thank you, Madam
President.
This is a bill, very simply and
shortly put, that mandates a comprehensive
view of these administrative rules and
regulations which may have a harmful effect on
4410
agriculture in this state and establishes a
procedure for the review of those regulations
and regulations proposed in the future.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. Just on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR HASSELL-THOMPSON: I just
had some concerns that this bill seems to
question the Governor's Office on Regulatory
Reform and the State Administrative Procedure
Act. It seems to be duplicative. Given that,
why do we need this legislation?
The other is, why should we give
the Department of Agriculture and Markets
authority that other agencies do not have?
And the third question is, does
Agriculture and Markets have the expertise
necessary to perform the functions that are
outlined in this particular legislation?
And lastly, if it is necessary for
Agriculture and Markets, should we then extend
4411
the same authority to other agencies?
And those are the questions that I
would like the sponsor to give consideration
to, not necessarily to answer at this time.
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 1066 are
Senators Andrews, Breslin, Brown, Connor,
Hassell-Thompson, Lachman, LaValle, Leibell,
Marcellino, Onorato, Parker, Paterson and
Stavisky. Also Senator Oppenheimer. Also
Senator Spano. Ayes, 43. Nays, 15.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1190, by Senator Skelos, Senate Print 6610C,
an act to amend the General Business Law and
the Vehicle and Traffic Law, in relation to
vessel dealer agreements.
4412
SENATOR HASSELL-THOMPSON:
Explanation.
SENATOR SPANO: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1605, by Senator Volker, Senate Print 7454A,
an act to amend the General Obligations Law,
in relation to the transfer of
structured-settlement payments.
SENATOR SPANO: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1606, by Senator Skelos, Senate Print --
SENATOR SPANO: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
1646, by Senator Hoffmann, Senate Print 7145,
an act to amend the Agriculture and Markets
Law.
4413
SENATOR HASSELL-THOMPSON:
Explanation.
SENATOR SPANO: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
Senator Spano, that completes the
controversial reading of the calendar.
SENATOR SPANO: Madam President,
can we please return to Calendar Number 1606.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1606, by Senator Skelos, Senate Print 7458, an
act to amend the Criminal Procedure Law.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
just on the bill, Madam President.
THE PRESIDENT: You may proceed
on the bill.
SENATOR HASSELL-THOMPSON: I
understand that this was a bill that was
vetoed also by the Governor. And several of
my colleagues and I have voted against this in
4414
the past. I will continue to vote no and
encourage others to do likewise.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
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 1606 are
Senators Dilán, Hassell-Thompson, and Parker.
Ayes, 55. Nays, 3.
THE PRESIDENT: The bill is
passed.
Senator Padavan.
SENATOR PADAVAN: Madam
President, by unanimous consent may I be voted
in the negative on Calendar Number 1066.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative.
Senator Spano.
4415
SENATOR SPANO: Please return to
Calendar Number 1190.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1190, by Senator Skelos, Senate Print 6610C,
an act to amend the General Business Law and
the Vehicle and Traffic Law.
SENATOR HASSELL-THOMPSON:
Explanation.
THE PRESIDENT: Senator Skelos,
an explanation has been requested.
SENATOR SKELOS: Thank you very
much, Madam President.
This legislation would enact
standards to be followed in relation to
agreements between boat dealers and boat
manufacturers.
It would include the following. It
requires 90-day notice for a manufacturer to
terminate or renew a dealer or for a dealer to
terminate or nonrenew a manufacturer for no
cause; requires manufacturers to repurchase
any boats less than one year from dealer
delivery in cases of termination for no cause;
4416
sets up reasons for cancellation for cause in
which a manufacturer would not have to give
90-day notice; for repurchase of inventory
less than one year from delivery; sets up
reimbursement rates for dealers for warranty
work on behalf of the manufacturer.
And this bill is agreed upon with
the Assembly, where it's sponsored by
Assemblyman Tonko.
SENATOR HASSELL-THOMPSON: Thank
you.
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. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1646, by Senator Hoffmann, Senate Print 7145,
an act to amend the Agriculture and Markets
Law.
4417
SENATOR PARKER: Explanation.
THE PRESIDENT: Senator Hoffmann,
an explanation has been requested.
SENATOR HOFFMANN: Thank you,
Madam President.
Recently the federal government
imposed some regulations dealing with the
issue of downer animals. But the regulations
that were imposed by the federal government
are simply an extension of what has always
been the practice here in New York State.
However, regulations can change.
And should there be any desire by the federal
government, although I can't imagine why, to
go back to a less restrictive standard, we
would want this statute to be in place.
It basically makes it very clear
that it is the policy and in fact now the law
in New York State that a nonambulatory animal
cannot have the meat sold at public auction.
THE PRESIDENT: Does any member
wish to be heard on this?
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President. If the sponsor
4418
would please yield.
THE PRESIDENT: Senator Hoffmann,
will you yield for a question?
SENATOR HOFFMANN: Certainly.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you,
Senator Hoffmann. And I share your concerns
about downed animals and importance of keeping
them out of the food stream. But I have a few
questions about this bill.
SENATOR HOFFMANN: Madam
President, I'm having a little trouble hearing
across the noise.
SENATOR LIZ KRUEGER: Thank you.
Thank you.
In your bill, are you defining only
those animals that can't get up as being
nonambulatory?
SENATOR HOFFMANN: That is not
ambulatory.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator Hoffmann,
4419
will you yield for a question?
SENATOR HOFFMANN: Yes, I will.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
My understanding is, under the
federal regulations and under the laws that
have been passed by a number of other states,
that "nonambulatory" means both not being able
to rise and not being able to walk.
So under your bill, if an animal
could not rise but the somehow if it was
lifted to a walking position and it could
walk, it would still be defined --
THE PRESIDENT: If the members
would please take their conversations out of
the chambers. Thank you.
SENATOR HOFFMANN: Madam
President, "nonambulatory" means animals that
are not able to move. And in this state it
has long been the practice that an animal that
is unable to move is not sold at auction for
meat. And that is consistent with what is in
this particular bill before us today.
SENATOR LIZ KRUEGER: Thank you,
4420
Madam President. If the sponsor would
continue to yield.
THE PRESIDENT: Senator Hoffmann,
will you yield for a question?
SENATOR HOFFMANN: Yes, I will.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Madam President.
In Section 96(k), line 12 of this
bill, it refers to nonambulatory animals being
sold for human consumption. Does that mean
that animals could still be sold to be used
for feeding of livestock or other nonhuman
animals under this legislation?
SENATOR HOFFMANN: Typically,
nonambulatory animals, or downers, can be used
for canned food for animals, dog food for
animals.
SENATOR LIZ KRUEGER: Madam
President, again, just to clarify.
So would the sponsor agree that
nonambulatory animals should not be sold for
feed to livestock or other animals as well as
humans, and I'm misunderstanding the bill?
4421
SENATOR HOFFMANN: Madam
President, I think the bill is very clear and
I've satisfied the questions as they're
related to the bill. I'm not interested in
speculating on other aspects of animal sales,
ambulatory or otherwise.
I think that this bill is
relatively clear on what it does. And the
practices -- from a practical consideration,
Senator Krueger, the practices in this state
regarding the sale of downer animals have
always been of the highest order in regard to
safety and appropriate usage. There is a
rendering industry which uses animals that are
unfit for any type of consumption.
No human consumption of a downer
animal is or has ever been the case in
New York State. And only in the case of a
downer animal with perhaps a broken leg that
is unable to walk but would be otherwise
deemed healthy would that animal be diverted
into the canned animal feed chain.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
4422
THE PRESIDENT: Senator Hoffmann,
will you yield for a question?
SENATOR HOFFMANN: Certainly.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
In Section 96(k), line 10, this
bill it says it would be unlawful to sell or
cause to be sold at public auction any
nonambulatory animal.
Does this mean that nonambulatory
animals could be sold in any other manner
outside of a public auction?
SENATOR HOFFMANN: Madam
President, as I understand the question,
Senator Krueger is asking by what means
nonambulatory animals are sold.
Presently -- and it's longstanding
practice -- a nonambulatory animal is removed
from a farm and taken to a facility where it
is used in generally dog food production. In
New York State, Scooby-Doo Dog Food is the
better known firm that engages in this
practice.
By the way, Madam President,
4423
farmers presently pay a fee for the removal of
nonambulatory animals. Downers on a farm have
become an issue of some concern. And we would
hope that we can continue to see them diverted
into appropriate usage.
To not have them removed from the
farm can create a significant health problem,
especially when a farm is located on a stream.
And we're working with Farm Bureau and other
organizations in an attempt to find ways to
either reduce or eliminate the cost of removal
of a downer animal. An animal that dies on a
farm and is buried on a farm, if it's placed
any place near a streambed, could present a
health hazard.
We're hoping that this particular
measure, which simply codifies the very
responsible practices that have always taken
place in New York State, will just give some
peace of mind to those people who wonder what
happens to an animal if it in fact is downed.
And regrettably, sometimes cows are
injured while they are freshening -- that
means having a calf -- and unable to get up,
but they are otherwise in healthy, intact
4424
condition. But because they cannot get up,
they need to be diverted. And they're
certainly not then eligible for any human food
consumption.
I hope that -- I can't really
imagine anything else that I could clarify for
Senator Krueger. I think that I've addressed
most of her concerns. Farm Bureau is
comfortable with this piece of legislation and
in fact welcomes the kind of scrutiny that has
happened since the outbreak of BSE and is very
proud of the fact that here in New York State
we have long been ahead of the curve in the
way we handle downer animals.
SENATOR LIZ KRUEGER: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's
comments. I think she and I both agree our
goal is to keep animals that are downed
animals out of the marketplace, to avoid
transmission of disease both to humans and to
nonhumans.
4425
Where I differ with her is I wish
that she had clarified a few things more in
her bill, including the fact that her bill
does say specifically that this is only
product that cannot be used for sale for human
consumption. And as we know from the research
around the world, the transfer of disease from
a downed animal or an otherwise ill animal to
humans has actually been a transfer process
from the ill animal to be turning into food
product for other animals to then in turn be
eaten by human beings.
So the case of mad cow disease in
fact is a case of sick cattle being turned
into -- excuse me, sick sheep being turned
into feed product that was fed to cattle;
cattle then developed the illness and then, in
fact, in some cases humans are translating
that illness into a human illness. So it went
from sheep fed to cows, cows fed to humans.
So I don't think it's a small issue
that the bill explicitly says it only limits
sale to human beings. I would argue that a
better bill would be expanded to include any
consumption.
4426
There are also concerns about
products turning into cosmetic products that
can pass along illnesses as well.
SENATOR HOFFMANN: Madam
President.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Madam
President, would Senator Krueger like to yield
for a question, please.
THE PRESIDENT: Senator Krueger,
will you yield for a question?
SENATOR LIZ KRUEGER: Certainly.
I would be happy to yield, Madam President.
THE PRESIDENT: You may proceed,
Senator Hoffmann.
SENATOR HOFFMANN: Senator
Krueger, are you aware that currently federal
regulations prohibit the use of downer animals
being used in any cattle or livestock feed?
SENATOR LIZ KRUEGER: Madam
President, through you, yes, I am aware that
the FDA and the USDA have current regulations
if products go through slaughterhouses that
are inspected by USDA. But unfortunately,
that's not the entire universe of possible
4427
transfer of product.
So I agree with you states ought to
pass laws. I agree the federal government
should pass a more expanded law.
But I think, as you said, your
purpose in having the law was to clarify what
was okay and not okay in New York State. And
while I think that there is validity in your
effort, I think it would be a better bill if
we expanded the language of your bill to
include human consumption as well as
consumption in animal feed and other products.
To continue, Madam President, on
the bill.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Thank you
so much.
So again, as I said, I think it
would be a stronger bill if we ensured that
downed animal products could not be used in
animal feed and other by-products, including
cosmetics, in addition to not being sold for
human consumption. I think it would be a
stronger bill if there was a clarification
that nonambulatory livestock meant animals
4428
that could neither rise nor could walk, which
would make it consistent with federal rules
and the laws passed in California, Colorado,
Washington State.
And I also think it would be a
stronger bill if in fact we brought in the
definition not to just be sold at public
auction, but to include any manner of sale of
these products.
Again, I think our goals here are
the same, to protect the public and to ensure
humane treatment of animals. But I do think
that this could be a stronger bill.
Thank you, Madam President.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: On the bill.
I would just like to make a brief statement
that --
THE PRESIDENT: You may proceed
on the bill.
SENATOR HOFFMANN: -- while my
colleague is obviously very concerned from a
human perspective about the ultimate
disposition of downed animals, and that's
commendable, those of us who have a closer
4429
association with production agriculture in
New York State recognize that every downed
animal on a farm represents an economic loss
to that farm.
And while it is commendable to
suggest that no downer animal should ever be
used for anything at all, we have to be
realistic that downer animals, on one hand, do
represent a potential environmental problem.
They also represent loss of income.
A valuable animal which is, for some reason,
dead on a farm becomes a loss for a farmer.
But being able to ship that animal to
Scooby-Doo Dog Food, where it is perfectly
appropriate for use in dog food, is a
reasonable way for the farmers to recoup a
small portion of the loss.
A Holstein cow is worth in excess
of a thousand dollars on the hoof. And a
farmer who is now faced with a dead Holstein
cow that died in childbirth, or was injured in
childbirth to the point of being
nonambulatory, wants to recoup at least a
small portion of that loss and not encounter a
penalty at having a disposal charge on top of
4430
it.
So we're looking at a responsible
way that farmers can in all situations comply
with the laws. We want to be consistent with
what the federal government has enacted. The
FDA provisions and other provisions that are
in place in Washington right now address the
human health concerns that we are all very
concerned about. But across the livestock
industry, there is a desire to see farmers
have some economic opportunity to recoup
losses in the case of a downer animal without
presenting any kind of a risk.
Even the remotest possibility of a
risk should be relieved from the public mind
because of responsible handling of downer
animals in this state. That's longstanding
practice. It's simply being put into statute
here. I hope that people are reassured that
the farmers of this state want to be good
citizens, believe in good health and the
well-being of all New York Staters, but their
economy is important to this state as well.
And just a reminder to those in
this chamber, agriculture is our number-one
4431
industry. And while some people might find
this a somewhat unusual type of debate for
this chamber, I think it is only reasonable
that we take a moment to reflect on the
realities of life on the farm and, in this
case, of death on the farm, and recognize that
our farmers have a very, very difficult time
of it for many reasons and our ongoing
responsibility needs to be to eliminate
burdens for them, to make it easier for them
to stay in business in this state. They are
the heartbeat of New York State.
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 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1646 are
Senators L. Krueger, Marcellino, and Onorato.
Ayes, 55. Nays, 3.
THE PRESIDENT: The bill is
4432
passed.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Numbers 1066 and 1606.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Marcellino.
SENATOR MARCELLINO: Yes, Madam
President, can we return to motions and
resolutions. I believe we have some motions
at the desk to be dealt with.
THE PRESIDENT: Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Hannon, on
page number 39 I offer the following
amendments to Calendar Number 1197, Senate
Print Number 6656A, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
4433
place on the Third Reading Calendar.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Robach, on
page number 42 I offer the following
amendments to Calendar Number 1242, Senate
Print Number 2178, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Marcellino, we have some
substitutions at the desk.
SENATOR MARCELLINO: Can we do
those substitutions at this time, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 25,
Senator Fuschillo moves to discharge, from the
Committee on Rules, Assembly Bill Number
11003B and substitute it for the identical
Senate Bill Number 6962B, Third Reading
Calendar 833.
4434
On page 39, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7206A and substitute it
for the identical Senate Bill Number 6894,
Third Reading Calendar 1199.
And on page 36, Senator Golden
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11054 and
substitute it for the identical Senate Bill
Number 6884, Third Reading Calendar 1096.
THE PRESIDENT: Substitutions
ordered.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can you recognize Senator McGee.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Hannon, on
page number 8 I offer the following amendments
to Calendar Number 266, Senate Print Number
4016B, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
4435
place on the Third Reading Calendar.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
I'd like to request unanimous
consent to be recorded in the negative on
Calendar 1066 and Calendar 1606.
THE PRESIDENT: Without
objection, you will be recorded as voting in
the negative on those bills.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, I believe there's a report of the
Rules Committee at the desk.
Can we please have that read now
and move for its acceptance.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 660B, by Senator
Stachowski, an act to amend the Agriculture
and Markets Law;
1830A, by Senator Maltese, an act
4436
to amend the Retirement and Social Security
Law;
3370C, by Senator Maziarz, an act
to amend the Environmental Conservation Law;
3762B, by Senator Balboni, an act
to amend the Education Law;
5910B, by Senator Maziarz, an act
to amend the Agriculture and Markets Law;
5968, by Senator Padavan, an act to
amend the Retirement and Social Security Law;
6083A, by Senator Maziarz, an act
to amend the Public Authorities Law;
6216A, by Senator Spano, an act to
amend the Public Health Law;
6332, by Senator Seward, an act to
amend the Insurance Law;
6467A, by Senator Farley, an act to
amend the Banking Law;
6510, by Senator M. Smith, an act
to amend the Vehicle and Traffic Law;
6578, by Senator Golden, an act to
amend the Administrative Code of the City of
New York;
6600A, by Senator Bonacic, an act
to amend the Vehicle and Traffic Law;
4437
6709A, by Senator Spano, an act to
amend the Executive Law;
6978, by Senator Little, an act to
amend the Executive Law;
7035, by Senator Robach, an act to
amend the Correction Law;
7043, by Senator Hannon, an act to
amend the Public Health Law;
7052A, by Senator Hannon, an act to
amend the Public Health Law;
7056, by Senator Hannon, an act to
amend the Public Health Law;
7151, by Senator Mendez, an act to
amend the Retirement and Social Security Law;
7195D, by Senator Skelos, an act to
amend the Penal Law;
7367, by Senator Maziarz, an act to
amend the Parks, Recreation and Historic
Preservation Law;
7433, by Senator Farley, an act in
relation to an audit;
7474, by Senator Mendez, an act to
amend the Labor Law;
7475, by Senator Golden, an act to
amend the Retirement and Social Security Law;
4438
7479, by Senator Nozzolio, an act
to amend the Workers' Compensation Law;
7487, by Senator Golden, an act to
amend the Civil Service Law;
7500, by Senator Golden, an act to
amend the Retirement and Social Security Law;
7504, by Senator Trunzo, an act to
amend the Public Service Law;
7508, by Senator Farley, an act to
amend the Executive Law;
7514, by Senator Meier, an act
relating to increasing;
7519, by Senator Marchi, an act to
amend the Administrative Code of the City of
New York;
7527, by Senator Saland, an act
authorizing the City of Poughkeepsie;
7532, by Senator Meier, an act to
amend Chapter 83 of the Laws of 2002;
7535, by Senator Morahan, an act to
amend the Retirement and Social Security Law;
7536, by Senator Maziarz, an act to
amend the Alcoholic Beverage Control Law;
7552, by Senator Flanagan, an act
to amend the Correction Law;
4439
7562, by Senator Libous, an act to
amend the Mental Hygiene Law;
7568, by Senator Meier, an act to
amend the Public Health Law;
7569, by Senator Morahan, an act to
amend the Retirement and Social Security Law;
7570, by Senator Rath, an act to
amend the Criminal Procedure Law;
7576, by Senator Seward, an act to
amend the Insurance Law;
7580, by Senator Marcellino, an act
to amend the Executive Law;
7586, by Senator Padavan, an act to
amend the Education Law;
7600A, by Senator Wright, an act to
amend the Public Authorities Law;
7603, by Senator Golden, an act to
amend the Retirement and Social Security Law;
7607, by Senator Little, an act to
amend the Education Law;
7613, by Senator Libous, an act to
amend the Civil Practice Law and Rules;
7617, by Senator Hannon, an act to
amend the Public Health Law;
7627, by Senator Marcellino, an act
4440
to amend the Environmental Conservation Law;
7628, by Senator Flanagan, an act
to amend the Legislative Law;
And Senate Print 7632, by Senator
Robach, an act implementing agreements.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Move to
accept the report of the Rules Committee,
please.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, if we could stand at ease
momentarily, please.
4441
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:45 p.m.)
(Whereupon, the Senate reconvened
at 5:04 p.m.)
ACTING PRESIDENT LIBOUS: Senator
Balboni.
SENATOR BALBONI: Yes, Mr.
President, I'd like to announce an immediate
meeting of the Senate Finance Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER: The
Finance Committee will meet immediately in the
Senate Majority Conference Room.
The Senate will remain at ease.
(Whereupon, the Senate stood at
ease at 5:05 p.m.)
(Whereupon, the Senate reconvened
at 5:25 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could
return to motions and resolutions, I believe
Senator McGee has a motion to make at this
4442
time.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Kuhl, on page
number 42 I offer the following amendments to
Calendar Number 1252, Senate Print Number
7228A, and ask that said bill retain its place
on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on third reading.
SENATOR McGEE: Thank you, Mr.
President.
Mr. President, may I also ask for
unanimous consent to be recorded in the
negative on Calendar Number 832, Senate Print
Number 6960B.
ACTING PRESIDENT MEIER: Without
objection, Senator McGee will be recorded in
the negative on Calendar 832.
SENATOR McGEE: Thank you very
much, Mr. President.
4443
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to Supplemental Calendar 58A.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of Calendar 58A.
THE SECRETARY: Calendar Number
1596, by Senator Skelos, Senate Print 7195D,
an act to amend the Penal Law, in relation to
establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1657, Senator Stachowski moves
to discharge, from the Committee on Rules,
Assembly Bill Number 1454B and substitute it
4444
for the identical Senate Bill Number 660B,
Third Reading Calendar 1657.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1657, by Member of the Assembly Tokasz,
Assembly Print Number 1454B, an act to amend
the Agriculture and Markets Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1667, by Senator Balboni, Senate Print 3762B,
an --
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
4445
bill aside temporarily.
THE SECRETARY: In relation to
Calendar Number 1668, Senator Maziarz moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6635C and substitute it
for the identical Senate Bill Number 5910B,
Third Reading Calendar 1668.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1668, by Member of the Assembly Tonko,
Assembly Print Number 6635C, an act to amend
the Agriculture and Markets Law and the
General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
4446
THE SECRETARY: In relation to
Calendar Number 1669, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9484 and substitute it
for the identical Senate Bill Number 5968,
Third Reading Calendar 1669.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1669, by Member of the Assembly Abbate,
Assembly Print Number 9484, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4447
1670, by Senator Maziarz, Senate Print 6083A,
an act to amend the Public Authorities Law, in
relation to the allocation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1671, by Senator Spano, Senate Print 6216A, an
act to amend the Public Health Law, in
relation to disposition.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
4448
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1672, by --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1673, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11303 and substitute it
for the identical Senate Bill Number 6467A,
Third Reading Calendar 1673.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1673, by the Assembly Committee on Rules,
assembly Print Number 11303, an act to amend
the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4449
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1674, by Senator M. Smith, Senate Print Number
6510, an act to amend the Vehicle and Traffic
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1675, by Senator Golden, Senate Print 6578, an
act to amend the Administrative Code of the
City of New York, in relation to certain lung
4450
disabilities incurred.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1676, by Senator Bonacic, Senate Print 6600A,
an act to amend the Vehicle and Traffic Law,
in relation to approaching.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
4451
THE SECRETARY: Calendar Number
1677, by Senator Spano, Senate Print 6709A, an
act to amend the Executive Law, in relation to
requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1678, by Senator Little, Senate Print 6978, an
act to amend the Executive Law, in relation to
the Quality Communities Study Grant Program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4452
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1679, by Senator Robach, Senate Print 7035, an
act to amend the Correction Law, in relation
to Level Three designation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1680, by Senator Hannon, Senate Print 7043, an
act to amend the Public Health Law and others,
in relation to the marketing and promotion.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
4453
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1681, by Senator Hannon, Senate Print 7052A,
an act to amend the Public Health Law, in
relation to risk-adjusted payment rates.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1682, by Senator Hannon, Senate Print 7056, an
act to amend the Public Health Law, in
relation to increasing.
4454
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1684, by Senator Maziarz, Senate Print 7367,
an act to amend the Parks, Recreation and
Historic Preservation Law and others, in
relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
4455
is passed.
THE SECRETARY: Calendar Number
1685, by Senator Farley, Senate Print 7433, an
act in relation to an audit of receipts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1686, by Senator Mendez, Senate Print 7474, an
act to amend the Labor Law, in relation to the
renovation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4456
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1687, by Senator Golden, Senate Print 7475, an
act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect at the beginning of the
first payroll period following 60 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1688, by Senator Nozzolio, Senate Print 7479,
an act to amend the Workers' Compensation Law,
in relation to excluding.
ACTING PRESIDENT MEIER: Read the
last section.
4457
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1689, by Senator Golden, Senate Print 7487, an
act to amend the Civil Service Law, in
relation to binding arbitration.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1691, by Senator Trunzo, Senate Print 7504, an
act to amend the Public Service Law, in
relation to prohibiting.
ACTING PRESIDENT MEIER: Read the
4458
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1692, by Senator Farley, Senate Print 7508, an
act to amend the Executive Law, in relation to
the status of criminal investigations.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
4459
Calendar Number 1693, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11435A and substitute it
for the identical Senate Bill Number 7514,
Third Reading Calendar 1693.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1693, by the Assembly Committee on Rules,
Assembly Print Number 11435A, an act relating
to increasing availability.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1695, by Senator Saland, Senate Print 7527, an
act authorizing the City of Poughkeepsie.
4460
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1696, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11342 and substitute it
for the identical Senate Bill Number 7532,
Third Reading Calendar 1696.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1696, by the Assembly Committee on Rules,
Assembly Print Number 11342, an act to amend
Chapter 83 of the Laws of 2002 amending the
Education Law.
4461
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1697, by Senator Morahan, Senate Print 7535,
an act to amend the Retirement and Social
Security Law, in relation to benefits payable.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4462
1698, by Senator Maziarz, Senate Print 7536,
an act to amend the Alcoholic Beverage Control
Law, in relation to allowing persons.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1700, by Senator Libous, Senate Print 7562, an
act to amend the Mental Hygiene Law and the
Executive Law, in relation to the review.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4463
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1701, by Senator Meier, Senate Print 7568, an
act to amend the Public Health Law, in
relation to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1702, by Senator Morahan, Senate Print 7569,
an act to amend the Retirement and Social
Security Law, in relation to certain medical
presumptions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
4464
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1703, by Senator Rath --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1704, by Senator Seward, Senate Print 7576, an
act to amend the Insurance Law, in relation to
homeowners' insurance.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
4465
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1705, by Senator Marcellino, Senate Print
7580, an act to amend the Executive Law, in
relation to the creation of September 11th
Remembrance Day.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1706, by Senator Padavan, Senate Print 7586,
an act to amend the Education Law and the
Insurance Law, in relation to the practice of
physical therapy.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
4466
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1708, by Senator Golden, Senate Print 7603, an
act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1709, by Senator Little, Senate Print 7607, an
act to amend the Education Law, in relation to
4467
the definition of children.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Little, to explain her vote.
SENATOR LITTLE: Thank you, Mr.
President. If I may, I'd just like to explain
my vote.
And this particular bill is the
Patriot's Bill 2. This is an agreed-upon
bill. It has passed the Assembly and come
back to us with some modifications and
additions.
It clarifies service for education
credits, to include everything from the Gulf
War. It calls for a tax-exempt active-duty
pay for anyone who is on active duty, not just
in terrorist duties.
This bill is a wonderful product,
something that will help all the members of
4468
our National Guard who are serving and making
sacrifices for each and every one of us on a
daily basis, as well as helping their
families, who are also undergoing a great deal
of sacrifice.
I spoke, just the other day, to a
woman whose fiance is in Iraq and will be
there until next February. So there's a lot
going on in our country as we speak. But we
all owe a great deal of gratitude to these men
and women, and this Patriot Bill 2 expresses
our gratitude in financial remuneration and
benefits that we should be providing to them.
So thank you very much. I vote in
the affirmative.
ACTING PRESIDENT MEIER: Senator
Little will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1714, by Senator Robach, Senate Print 7632, an
act implementing agreements.
4469
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of appropriation at the
desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
4470
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the supplemental
calendar.
Senator LaValle.
SENATOR LaVALLE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 1666.
ACTING PRESIDENT MEIER: Is that
1666, Senator?
SENATOR LaVALLE: Yes.
ACTING PRESIDENT MEIER: That
bill was laid aside, Senator. We haven't
voted on it yet.
Senator Andrews.
SENATOR ANDREWS: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar 260 and Calendar
1606.
ACTING PRESIDENT MEIER: Without
objection, Senator Andrews will be recorded in
the negative with regard to Calendar Numbers
260 and 1606.
Senator Duane.
4471
SENATOR DUANE: Thank you, Mr.
President. If I may have unanimous consent to
be recorded in the negative on Calendar Number
1596.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 1596.
Senator Balboni.
SENATOR BALBONI: Yes, Mr.
President. I'd like unanimous consent to be
recorded in the negative on Calendar Number
1646.
ACTING PRESIDENT MEIER: Without
objection, Senator Balboni will be recorded in
the negative on Calendar 1646.
Senator Skelos.
SENATOR SKELOS: Mr. President,
I'd like to move to reconsider the vote by
which Calendar Number 1684 passed the Senate.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar Number 1684.
THE SECRETARY: Calendar Number
1684, by Senator Maziarz, Senate Print 7367,
an act to amend the Parks, Recreation and
Historic Preservation Law.
4472
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Lay the bill
aside for the day.
ACTING PRESIDENT MEIER: The bill
will be laid aside for the day.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the State Board of
Parole, John G. Capacci, of Sodus.
ACTING PRESIDENT MEIER: Senator
Johnson.
4473
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
The nomination before us is for the
Parole Board, has that been proffered? Point
of inquiry.
ACTING PRESIDENT MEIER: Yes.
SENATOR NOZZOLIO: Thank you, Mr.
President. On the nomination.
Mr. President and my colleagues, we
have three appointments to the New York State
Parole Board currently before this body. The
Committee on Crime Victims, Crime and
Corrections, the Senate Finance Committee, and
now the full house today have been reviewing
these qualifications.
I know two of the members, Senator
Farley and Senator Little, will be speaking on
behalf of these appointments.
But I rise, as chairman of the
Crime Victims, Crime and Corrections
Committee, to compliment Governor Pataki on
4474
each of the nominees, and particularly
reference one that I am extremely happy about,
and that is the nomination to the Parole Board
of John G. Capacci, of Sodus, for a term to
expire June 18, 2009.
I thank Governor Pataki for
offering this nomination. Judge John Capacci
has served a distinguished number of posts and
has a long career in the law, as well as being
a respected private-practice attorney. His
qualifications and background make him
uniquely qualified to serve on the Parole
Board -- a Parole Board with 19 members from
across the state, a diverse group that is one
of which we rely heavily on. They have a very
important mission.
What John Capacci brings to the
board is the capacity to understand the needs
and concerns of Main Street America, because
he comes from a small town, worked hard, his
career was distinguished in a small town,
serves as judge now of a small town. And I
think his background, his values and
experience reflect that combination of
small-town values, family values, and one that
4475
brings a very important component to the
Parole Board.
John was educated at Notre Dame, a
graduate of Albany Law School, but his roots
are in my hometown of Seneca Falls, the son of
Frances and Adolf Capacci. Adolf, I know, is
looking down on us today with great pride.
Adolf himself, an immigrant from
Italy, one who helped other immigrants get by,
one who worked very hard, was proud of his
adopted country and was proud to help others
who were coming to America become involved in
the political and governmental process. He
had a fierce love for this nation, and that
was reflected in the background of his son
John.
I know John's entire family were
very proud of him, serving at home, working at
home, on the athletic fields, as well as his
rise to great prominence as a young man going
to a very important university and also a very
prestigious law school.
What I think this Parole Board will
benefit most from, in the presence of this
nominee, is his background and experience in
4476
dealing with the everyday needs and concerns
of people in small-town New York State. That
the Parole Board needs this perspective.
I'm very pleased that John has
decided to take on this challenge. John
Capacci will be an outstanding member of the
Parole Board. He will be missed; his career
already, although brief, as a Sodus town judge
is one of distinguishment. And that I
certainly know he will bring that same
capacity and energy, independence and quality
to the New York State Board of Parole.
That I know it's been a long day
for the Capacci family, but I thank them,
because most of them are the gallery,
traveling a long way to be with their son,
their brother, their friend.
I want to particularly single out
Frances Capacci, John's mother; Karen Capacci,
John's wife; John; his son, Paige; Reagan, his
daughter; Nancy Capacci Buckholtz, his sister,
who came all the way from Denver, and Louis
Buckholtz, a brother-in-law, all the way from
Denver, to come to be with John today, a
reflection of the family, the tightknit
4477
family. They have many extended family that
are also here -- Ross and Amy Piscatelli, a
nephew and niece, took the time out of their
schedules to be with us.
This is an excellent appointment.
I'm so honored to be standing before this body
proffering it. I thank Governor Pataki for
his leadership. And thank you, Mr. President,
for the opportunity to support this fine
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of John G.
Capacci as a member of the State Board of
Parole. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Capacci is with us today in the
gallery, as Senator Nozzolio noted, with
members of his family. Congratulations to him
and best wishes on his important duties.
4478
(Applause.)
THE SECRETARY: As a member of
the State Board of Parole, Livio Lazzari, of
Schenectady.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you,
Mr. Chairman. Mr. President, rather.
It's with pleasure that I get up
and move and support the nomination of Livio
Lazzari.
Let me just tell you something
about this person. He is a person that was
born in Italy, came to this country as a
naturalized citizen, has worked his way up
through the process, starting in social
services as a parole officer, as an
administrative law judge, and as a supervising
administrative law judge in the area of
parole.
He's a graduate of the City College
4479
of New York with a bachelor of arts, a
master's degree in political science from the
New School of Social Research, and a graduate,
with a Juris Doctor, of Brooklyn Law School.
This is an example of a success
story that is so unique in our country for
somebody that really takes advantage of our
system.
Mr. Lazzari has been an outstanding
community citizen within our community. He is
married to Carolina Lazzari, who's with him --
his wife, who's with him today. She is a
Schenectady County legislator and a tremendous
support service to Livio.
And I think I'd have to compliment
the Governor for recognizing a person of
eminent qualifications. We're so fortunate to
have somebody this qualified to serve in
public service.
It is with enthusiasm that I
endorse and support the nomination of Livio
Lazzari, who is with us in the gallery today.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Livio
Lazzari as a member of the State Board of
4480
Parole. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mr. Lazzari is with us today in the
gallery. And best wishes and congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the State Board of Parole, Debra Loomis, of
Granville.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move the
nomination.
ACTING PRESIDENT MEIER: Senator
Little.
SENATOR LITTLE: Thank you, Mr.
President.
It's an honor for me to stand here
4481
today and ask for confirmation of Debra Loomis
to be reappointed to a term of four years as a
member of the State Board of Parole.
Debra lives in Granville and is a
graduate of Russell Sage College with a degree
in sociology and a minor in psychology. She
has twenty years' experience in the Department
of Social Services for Washington County,
dealing with children and family services,
child protective services, domestic violence
and many other of the things that Social
Services deals with.
In her role as a member of the
Parole Board for the past four years, Debra
has done a fine job. And it is certainly a
credit to New York State to have this type of
person who is willing to serve in the Parole
Board and represent us in those issues.
So it's a pleasure to nominate her
and ask for your confirmation. Thank you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Debra
Loomis as a member of the State Board of
Parole. All those in favor signify by saying
aye.
4482
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Debra Loomis is with us today in
the gallery. She's accompanied by her
husband, Gary.
And we congratulate you and wish
you well with your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As members of the
New York State Housing Finance Agency, Paul
Jones, of Armonk, and John B. Mannix, of New
York City.
As a trustee of the Power
Authority, Timothy S. Carey, of Montrose.
As a member of the New York State
Energy Research and Development Authority,
Timothy S. Carey, of Montrose.
As a member of the
Rochester-Genesee Regional Transportation
4483
Authority, William D. Leonard, of Waterloo.
As a member of the Correction
Medical Review Board, David Barry, M.D., of
Rochester.
As a public member of the State
Banking Board, Francine C. Justa, of Brooklyn.
As a member of the Small Business
Advisory Board, Daniel R. Jordan, of Olean.
As a member of the Niagara Frontier
State Park, Recreation and Historic
Preservation Commission, Charles J. Stojak, of
Lewiston.
As a member of the Thousand Islands
State Park, Recreation and Historic
Preservation Commission, Sam F. Villanti, of
Brantingham.
As a member of the Advisory Council
on Agriculture, Charles E. Wille, of
Montgomery.
As members of the Advisory Council
on Alcoholism and Substance Abuse Services,
Alexis Gadsen, of Amityville, and John Douglas
Melbourne, M.D., of Scotia.
As a member of the Citizens' Policy
and Complaint Review Council, Nicholas Troisi,
4484
of Plattsburgh.
As members of the State Fire
Prevention and Building Code Council, John H.
Flanigan, of Slingerlands; Joseph F.
Sauerwein, of Blue Point; and Richard M.
Vargas, of Watervliet.
As a member of the Board of
Visitors of the Central New York Developmental
Disabilities Services Office, Marian Budnar,
of Cazenovia, and Eleanora L. Collins, of
Rome.
As a member of the Board of
Visitors of the Manhattan Psychiatric Center,
Marlin R. Mattson, M.D., of New York City.
As a member of the Board of
Visitors of the Metro New York Developmental
Disabilities Services Office, Mildred
Holley-Davis, of the Bronx.
As a member of the Board of
Visitors of the Mohawk Valley Psychiatric
Center, Richard Lallier, of Verona.
As a member of the Board of
Visitors of the South Beach Psychiatric
Center, Robert S. Flanzer, D.D.S., of
Brooklyn.
4485
As a member of the Board of
Visitors of the Western New York Children's
Psychiatric Center, Bertha Skinner Laury, of
Buffalo.
And as a member of the Board of
Visitors of the Western New York Developmental
Disabilities Services Office, Anne M. Ray, of
South Dayton.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Move all the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of the
above-named nominees. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President.
4486
May we have the controversial
reading of the calendar, beginning with
Calendar 1667.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
reading of the calendar, beginning with
Calendar 1667.
THE SECRETARY: Calendar Number
1667, by Senator Balboni, Senate Print 3762B,
an act to amend the Education Law.
SENATOR FLANAGAN: Explanation.
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested of
Calendar 1667.
SENATOR BALBONI: Thank you, Mr.
President.
This bill is a bill that we have
considered before, and it would establish
professional licensing requirements for
professional and technical personnel to
perform clinical testing in clinical
laboratories, specifically in two different
categories: clinical laboratory technologist
and cytotechnologist.
ACTING PRESIDENT MEIER: Senator
4487
Flanagan.
SENATOR FLANAGAN: Mr. President,
I have a question for the sponsor, if he would
yield.
ACTING PRESIDENT MEIER: Senator
Balboni, will you yield for a question from
Senator Flanagan?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: Maybe
you and Senator Flanagan could have talked
about this.
The Senator yields.
SENATOR BALBONI: I don't like
him that much, Mr. President.
(Laughter.)
SENATOR FLANAGAN: Just a quick
question. I know it's a good bill.
Does this apply to labs licensed in
the State of New York only?
SENATOR BALBONI: Yes, it does.
That is the purpose and intent, and the
question becomes whether or not we would have
the ability to reach out and cover technicians
that are in other states. And I believe that
4488
we're not going to be able to do that.
So the intent of the bill is to
only apply to licensed technologists within
the State of New York.
SENATOR FLANAGAN: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect September 1, 2006.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1672, by Senator Seward, Senate Print 6332 --
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested of
Calendar 1672.
4489
SENATOR SEWARD: Certainly, Mr.
President.
The legislation before us is
designed to attack the serious problem that we
continue to have in the State of New York, and
that is just about 3 million New Yorkers who
are currently uninsured when it comes to
health insurance. And it's also designed to
keep those hard-pressed employers and their
employees who have been struggling to stay in
the health insurance market during years of
double-digit premium increases.
And this legislation accomplishes
those goals by, in effect, providing a
50 percent tax credit for small business
owners who provide health insurance to their
employees. Also, they're sole proprietors and
other individuals who are out in the insurance
market purchasing their health insurance
policies directly from insurers and they can't
get the group rate.
It also, in addition to the tax
credit, authorizes HMOs and insurers to offer
what we call "freedom policies" that would
cost about 40 percent less than existing
4490
health care policies. They have higher
deductibles and would be coupled with the new
health savings accounts.
These health savings accounts have
been authorized under the federal Medicare
bill that passed last December, and this bill
would bring HSAs to New York. These health
savings accounts are tax-free money into the
account, tax-free money out, and they can be
spent for any medical purposes.
The bill also does a couple of
other things to help make health insurance
more affordable and available, by expanding
participation in the Healthy New York
insurance program by raising eligibility
limits, and also providing some additional
funds to the stop-loss pools to help stabilize
premiums in the direct pay market.
All in all, this bill is designed
to make health insurance more available and
affordable and zeros right in on that issue of
attacking the high number of uninsured that we
have in the State of New York.
ACTING PRESIDENT MEIER: Senator
Breslin.
4491
SENATOR BRESLIN: Yes, Mr.
President. Through you, would the sponsor
yield to a couple of questions?
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: With this new
health policy, Senator Seward -- through you,
Mr. President -- would it exclude certain
mandates which exist now in certain policies?
SENATOR SEWARD: Mr. President,
the legislation doesn't specifically exclude
any coverages. But what it would allow, under
the so-called freedom policies, would be for
the insurers to sit down with the employer and
the employees to tailor-make insurance
coverages that seem to make sense for those
employees.
And so they would be free from the
normal list of mandates that are required
under normal health insurance policies in the
State of New York. It would provide
flexibility when it comes to coverages. It
4492
doesn't specifically exclude any mandates or
coverages.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Again, through
you, Mr. President, if the sponsor would
yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Under the
policy, it would be possible for an employer
to take any of the 30-plus mandates which the
Legislature has put into policies and exclude
them from these policies; is that correct?
SENATOR SEWARD: Well, Mr.
President, the legislation does provide
flexibility, for certain, and I would agree to
that extent with the Senator's comments.
But what you have to keep in mind
is these freedom policies are coupled with the
health savings accounts, so that any of the
expenses that may not be covered under the
4493
flexible health plan that has been purchased
could be paid for from the health savings
account.
SENATOR BRESLIN: Again, through
you, Mr. President, if the sponsor would
yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: Wouldn't this
encourage an employer who has a -- his
ultimate goal is to make money, encourage him
to sit down with the employee to make a
bare-bones policy, if you will, which then
would place the employer in a position where
he'd be spending a lot less money and would
increase his bottom line, at the detriment of
the employee vis-a-vis health care?
SENATOR SEWARD: Well, Mr.
President, it's interesting when you take a
look at the early experience that we can look
at in some other states that have had this
4494
more flexible coverages. The scenario that
Senator Breslin has outlined has not been the
experience when you take a look at what's gone
on in those other states that have had these
types of flexible coverages.
And in fact, we really are
targeting those -- this has happened in other
states -- those uninsured. So, frankly, I
firmly believe that some coverage, some basic
coverage, is better than no coverage at all
when it comes to health insurance. And so
that's our target under this legislation.
And that's been the experience in
other states, rather than simply seeing
benefits being stripped away from employees.
SENATOR BRESLIN: Again, through
you, Mr. President, I think only two more
questions.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR BRESLIN: Relative to the
employee -- through you, Mr. President -- what
4495
savings would you expect under this policy for
the employee himself?
SENATOR SEWARD: Mr. President,
we have -- in terms of the savings under this
legislation, we estimate that the freedom
policies alone will be about 40 percent
savings.
But when you couple that with the
tax credits that are available under the bill,
let's say a family in New York -- this is just
an example -- that may currently pay more than
$1,500 per month for a health insurance
policy, under the legislation before us, that
could be reduced to about $450 per month.
So it's a significant savings. In
that case, that example would be about
two-thirds savings. So it's significant
savings under the plan. When you take a look
at the flexibility under the freedom policies
and then couple that with the tax credits,
you're looking at significant savings.
And, frankly, that is how the
health savings accounts could be funded, by
taking a portion of those savings and
depositing them into the health savings
4496
accounts to take care of any uncovered medical
expenses.
SENATOR BRESLIN: And finally,
through you, Mr. President, one more question.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for one more question?
SENATOR SEWARD: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BRESLIN: What are the
high deductibles that are referred to in the
legislation? What, in actual amounts, would
they be?
SENATOR SEWARD: Well, Mr.
President, the deductibles under the health
savings accounts are dictated by the federal
legislation. And it's a thousand dollars for
an individual, $2,000 for family policies.
And they may sound high, but I
would say that the expenses up to the
deductible amount, that first $1,000 or
$2,000, depending on the policy, could be
covered by the proceeds in the health savings
account.
4497
SENATOR BRESLIN: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Breslin, on the bill.
SENATOR BRESLIN: I applaud
Senator Seward. I applaud any attempt to
reduce the 3 million uninsured in the State of
New York, even at the expense of removing some
of those mandates that the Assembly and the
Senate have placed on those policies.
We have to try creative -- new,
creative ways to make sure that those people
who fall within Medicaid and health insurance
have some opportunity to have some basic
coverage. And I intend to vote for this bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would yield,
through you, please.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Certainly, Mr.
President.
4498
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So I listened to your answers to
the questions of Senator Breslin, and I'm
still a little confused. Do we have an
estimate of how many new people would be
provided health insurance under this bill?
SENATOR SEWARD: Well, Mr.
President, obviously it's difficult out in the
marketplace to attach a specific number. But
once again, based on what we've seen
experienced in other states, we are estimating
that about a million New Yorkers would be in a
position to take advantage of this. That's a
rough estimate. We're talking about a
million. These are the newly covered.
SENATOR LIZ KRUEGER: One million
newly covered?
SENATOR SEWARD: Correct.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
4499
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
All right, so we're going to assume
a million new covered. And the projected cost
for your bill is $1.6 billion per year to the
State of New York. That's because we will be
providing additional tax credits to businesses
who already can take a deduction from their
taxes for providing employment? Where does
the $1.6 billion new cost come from?
SENATOR SEWARD: Well, Mr.
President, the $1.6 billion number that the
Senator has cited, that is the projected cost
of the tax credit once fully effective at the
end of ten years. And so that is designed to
assist the smaller businesses with their
health insurance premium expenses.
And frankly, if we can keep more of
these businesses in the health insurance
market, if we can entice another million into
the health insurance market to be able to have
coverage through health insurance policies,
just think of the less strain on social
4500
service programs, fewer people showing up at
the hospitals without any health coverage that
are a burden on our health care delivery
system.
All that would be funded under
these health insurance plans. And I think
that's far better and less expensive than any
potential cost that we're talking about under
this legislation.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
I know you've referenced it has
worked in other states, although I understand
that the federal act is relatively new --
December 8, 2003. So I'm not sure if other
states have actually implemented the HSA
accounts.
But I had concerns, when I saw the
4501
federal legislation, for the same reasons I
have concerns about the proposals by the
federal government to privatize Social
Security and allow people to do their own
savings plans, so to speak, in Social
Security.
Within your bill, what would be the
structure, if any, to ensure that people who
were participating in HSAs and who might not
be particularly financially savvy didn't end
up putting money into these accounts and then
losing it because they were not necessarily
sophisticated investors of their money in
savings plans?
What would we be doing in the State
of New York to ensure that people didn't put
money in these plans and then just lose them
the way some of us are concerned about a
privatized-account approach in Social
Security?
SENATOR SEWARD: Well, Mr.
President, let me say at the outset this has
nothing to do with Social Security or
privatizing Social Security.
But under the federal guidelines
4502
that govern these health savings accounts,
these funds could be only placed with banks
and of course with insurance companies. So
that, in effect, individuals and others would
be having these accounts housed with people
who are financially savvy.
And therefore, I see protection
there, of course. And they would be protected
under all the normal laws, the banking laws
and of course the insurance laws.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: So just for
my clarification, so these monies, these
account monies couldn't be invested in stocks
or mutual funds, it would have to be a
traditional bank account savings plan or
insurance account savings plan?
SENATOR SEWARD: Mr. President,
4503
the Senator is correct.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: So if I
choose to participate in this plan and I put
my money into an HSA, those dollars can be
used specifically for what?
SENATOR SEWARD: Mr. President,
the funds in the health savings account could
be used to cover any medical expenses. Also,
the funds could be used to purchase health
insurance and also, under the federal
legislation, long-term-care insurance as well,
to help encourage more long-term care.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Do you
yield, Senator?
4504
SENATOR SEWARD: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So assuming I participate and I
invest money in these plans and then I reach
the age of eligibility for Medicare, what
happens to the remaining monies in this
account? Can I draw them back out? The
assumption is that perhaps once I reach the
age of Medicare eligibility, I won't need this
and I won't be conceivably part of an employer
plan. So can I take these monies out at that
time?
SENATOR SEWARD: Well, Mr.
President, upon someone reaching the age and
being picked up, their health insurance,
through Medicare, it's of course very, very
common that individuals continue to purchase
additional insurance beyond the regular basic
Medicare coverage, to cover those expenses
that Medicare does not cover.
And that's exactly what someone in
that situation could use the proceeds from
4505
their health savings account when they're on
Medicare. They could use it to cover whatever
medical expenses that the Medicare does not
cover.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: I
appreciate the sponsor's one analysis.
But another analysis could be I
started very early on investing in the HSA, I
was happily very healthy during the course of
my work life, and so the monies in that
account grew to conceivably a fairly
significant level.
Would I have the ability to take
those monies out upon shifting to Medicare?
Do they have to stay in that account even if
I'm not going to be using them for health care
purposes after a certain age?
4506
SENATOR SEWARD: Mr. President, I
certainly would advise anyone to continue with
their health savings account. I think that's
the prudent thing to do, because we never know
exactly what type of medical expenses one
might encounter, or health or nursing home
expenses, anything related to their future
health care needs.
However, if someone wished to
withdraw their funds from a health savings
account, they can do so with a 10 percent
penalty. So there is a penalty for
withdrawing the money. I think the prudent
thing would be to maintain it. But if someone
did want to withdraw the funds, it would be
with a penalty.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
4507
SENATOR LIZ KRUEGER: Okay.
Following through on that question, so perhaps
very prudently I have kept the money in the
account, and then I pass away. What happens
to the funds in the HSA upon my death?
SENATOR SEWARD: Well, Mr.
President, if the deceased had a surviving
spouse who had a health savings account, then
the monies would be rolled over into the
surviving spouse's HSA. If there was not a
surviving spouse, then the HSA would become
just another asset in one's estate.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Thank you, Senator Seward.
Shifting gears back to a question
earlier about the fact that certain mandates
4508
in New York State insurance law would not be
required in this type of lower-cost,
high-deductible policy, would our existing
rule that insurance companies can't, quote,
unquote, cherry-pick and refuse to accept
certain people into the health insurance plan,
would that law still apply to these policies?
You know, right now an employer
with a health insurance package can by and
large -- the insurance company cannot refuse
to cover Senator Breslin for some reason or
refuse to cover Senator Brown for some reason.
Under this new model of low-cost,
high-deductible, would that law still apply?
SENATOR SEWARD: Mr. President,
nothing under this legislation would alter
those existing laws.
SENATOR LIZ KRUEGER: Okay.
Thank you.
Thank you, Mr. President. Briefly
on the bill.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate Senator Seward's
4509
detailed analysis of the bill, and his answers
were very helpful to me.
But I still feel this is a fairly
revolutionary proposal in health insurance for
New York State. It's a model that was fairly
controversial when passed by President Bush in
December 2003. I'm not aware of other states
having implemented or any research brought
about from any state that might have started
to implement this.
It would dramatically change the
playing field of employer-covered health
insurance in the State of New York, and it
still raises so many questions about shifting
the responsibility for health insurance costs
from employers to workers while at the same
time estimating a dramatic new cost to the
State of New York, approximately $1.6 billion
per year when fully implemented. That's a
"B," "B" for billion.
And I think that there are too many
questions left unanswered yet for us to vote
yes on this bill.
I'm also under the understanding
that the Assembly is not moving forward at
4510
this point with this bill. So I'll be voting
no on this and hoping to learn more about it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question from
Senator Duane?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: At the point of
the person who has the account, at their
demise, does the legislation allow for the
leaving of the account to the spouse and to a
domestic partner?
SENATOR SEWARD: Mr. President,
that particular question is dictated under the
federal legislation which governs the HSAs'
creation. And at this point, the federal
legislation talks in terms of spouses only.
SENATOR DUANE: Thank you, Mr.
President.
4511
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 25. This
act shall take effect January 1, 2005.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Rath, to explain her vote.
SENATOR RATH: Thank you, Mr.
President.
I rise to explain my vote and to
congratulate Senator Seward on the hard work
that both he and his staff have done on
what -- I think Senator Krueger used the word
"revolutionary," and it is. This is a
revolutionary piece of legislation.
I had the opportunity to attend a
conference in January that was held by some of
the most respected think tanks in the country.
This was about 50 percent of the discussion.
And indeed, this is revolutionary.
The early numbers that are coming in to answer
some of Senator Krueger's concerns are -- at
first it was thought this was going to be a
4512
bill that would appeal only to the healthy and
wealthy in this country. So far it's showing
that 30 percent of all the people that are
buying into the HSAs are previously uninsured.
That number is dramatic.
We are about the -- if this goes
through and we pass it, it's passed in the
Assembly and the Governor signs it into law,
we should be the sixth state in the country to
be taking this up. Florida had just taken it
up and passed it, signed it into law.
What it's doing is changing the
paradigm from the way health care is driven in
this country to consumer-driven health care.
The first dollar you spend is your dollar.
You will be more concerned about spending your
dollars than you are about spending someone
else's dollars. Everyone always is.
And so I think there is a little
bit of a leap of faith, because I think your
questions and Senator Breslin's questions were
well-founded, but I think we need to keep
going back to some of these questions.
I have -- and I know Senator
Seward, in his office, has much of the
4513
background and research. I will be glad to
forward that to you, Senator Krueger. But I
think Senator Breslin said it correctly:
Anything to approach this upward spiral that
we've been on for the last 35 years in this
country.
I think this is the first step in
possibly a downward spiral to health care
costs. I vote yes.
ACTING PRESIDENT MEIER: Senator
Rath will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1672 are
Senators Hassell-Thompson and L. Krueger.
Ayes, 57. Nays, 2.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up Calendar 1703 at
this time, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1703.
THE SECRETARY: Calendar Number
4514
1703, by Senator Rath, Senate Print 7570, an
act to amend the Criminal Procedure Law and
others.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, Senator Hassell-Thompson has requested
an explanation of Calendar 1703.
SENATOR RATH: Mr. President,
Senator Hassell-Thompson, the bill is a
Governor's program bill, as you can see, and
the bill is called the Juvenile Justice
Accountability and Procedure Reform Act.
And it's putting into place
provisions that will promote juvenile
accountability and parental support, authorize
meaningful sanctions against juveniles who
commit offenses, strengthen dispositional
planning and services, expand victim's rights,
and enhance juvenile justice information
systems for tracking delinquent youth.
There are a number of technical
changes in the bill that are conforming other
sections of the law with the changes.
I think probably the biggest change
4515
that we would notice right off is that the
juvenile offender will now include a person
12 years of age as being responsible for
murder in the second degree, as well as making
14-to-15-year-olds responsible for certain
additional violent felonies.
It also has put in provisions where
parents will need to get involved a great deal
more when their children need to provide
restitution, need to go into rehabilitation
programs.
I think, as you read into the bill,
you'll see that there is an awful lot of
common sense in this bill, the kinds of things
that you and I would say, if my child was in
trouble, these are the kinds of things that I
want to, as a parent, be doing for my child.
And I think, again, the common sense reads
right through the legal language.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. Rather than ask
questions, I will just speak on the bill.
ACTING PRESIDENT MEIER: Senator
4516
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON:
Senator Rath makes some excellent points.
However, there are some real
concerns that I have with this particular
bill, starting with the fact that this bill
represents a criminal justice approach that is
very heavy on incarceration and light to none
on prevention.
I'd like to spend a couple of
minutes reading to you some conclusions that
are a part of a "Justice by Gender" report
compiled by the American Bar Association and
the National Bar Association that talks about
gender bias.
And it says: "As the number of
girls in the juvenile justice system continues
to climb, it is imperative that policymakers
and others ensure that, in our quest to
provide better services and programs for
girls, that we do not inadvertently cast a
wider net. The vast majority of girls in the
criminal justice system can be diverted from
formal juvenile justice court processing.
"The recriminalization of status
4517
offenses -- those offenses that have not
historically been noted as criminal in nature
or are specific to youth because of their
age -- has had a particularly devastating
impact on girls."
It goes on to talk about the fact
that in this country we continue to note the
need to criminalize such activity that had not
heretofore been considered to be criminal
activities. For those girls who come properly
before the court based upon allegations of
traditional criminal conduct, we must work
harder to look beneath the delinquency label
and respond with intervention strategies that
will reduce future recidivism.
It gets very technical, but the
main things that I want to convey to us is
that, as policymakers, we are not promoting
community safety by raising national awareness
of the underlying factors that place girls at
risk of involvement in the criminal justice
system. We do not promote the alternatives to
detention and incarceration for girls and
increase awareness of the harm of detention.
We do not identify, promote and
4518
support effective gender-specific,
developmentally sound, culturally sensitive
practices for girls. We do not identify
policies and practices which avoid ushering
girls into juvenile justice facilities for
status offenses, charging girls with assault
in family conflict situations, and detaining
girls to protect them, in quotes, and
otherwise utilizing secure facilities for
girls, particularly minority girls.
When we look at some of the
statistics that talk about between 1988 and
1997, the increase of girls in the juvenile
justice system increased by 83 percent --
among black girls, 106 percent -- we do not
ensure that there are resources that exist to
provide multilevel, multidisciplinary training
and technical assistance for lawyers, service
providers and other juvenile system personnel.
We do not map out the flow of girls
through the juvenile justice system and
identify points at which the system can divert
or treat girls more effectively and collect
and review state and local policies and
practices to assess gender impact of
4519
decision-making and system structure.
One of my concerns is that as we
have looked at this budget -- and I like to
connect the dots. And in connecting the dots
here in this Legislature, we have been looking
at the fact that we are preparing to pass a
budget. And in that budgetary process. One
of the things that is incredibly notable, we
are talking about cutting summer jobs.
And how do you get from summer jobs
to criminal behavior? You do that because
most of these young people for whom summer
jobs have meant an important impact, it has
been both economical and a deterrent, because
they are positively involved as opposed to
negatively involved.
This involvement also requires that
these children are almost responsible for
helping to economically support their
families. And so in the absence of these
jobs, criminal activities increase. Summer
jobs were created for the sole purpose of
finding positive ways to engage young people
during our summer months.
I could go on and on and identify
4520
for you dots throughout this entire budget
that speak to the fact that we are doing
little to nothing on the prevention side, that
we are not looking at the difference of
incarceration of girls versus boys in the
criminal justice system.
And as these numbers climb, if you
look at this report that I just quoted some
statistics from, it will also talk about the
fact that there are different needs for girls
in the criminal justice system that we are not
addressing. We have not even taken them into
account, not budgetarily nor in program
development.
I want to be able to say to you
that I am in total agreement with you and the
Governor on this bill, but there are too many
unmet needs that continue. In these chambers
we have the power to review and assess what it
is we do so that, when we connect the dots and
create a picture, we have participated in the
prevention side as much as we do in the
incarceration side.
Therefore, Mr. President, I will be
voting no on this bill.
4521
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 105.
This act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
First of all, I'm shocked that we
would pass such an expansive reform of
juvenile justice without having hearings
around the state on the issue.
I also have to ask my colleagues
that have children or have had children who
are now adults: When your child was 12 years
old, did you treat your child like an adult?
Well, that's exactly what this bill does.
This bill would make it so that 12-year-olds,
12-year-olds, are treated as adults. A
12-year-old is not an adult.
To steamroll the idea that more and
more children should be treated as adults in
4522
the criminal justice system is really, I
think, beneath us. Because I do not believe
that very many of you really believe that
12-year-olds are adults.
I'll be voting no on this, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
Senator Rath, to explain her vote.
SENATOR RATH: Thank you, Mr.
President.
Senator Hassell-Thompson, I hear
you clearly. And as I read this bill again
last night, I realized that as we go forward
into next year, the need for more preventive
services is an absolute must. There's just no
question in my mind about it.
I do think that some of the
restitution and the meaningful consequences
for misbehavior are important to put in place
and important for the parents to be a part of
this. I think this bill spells that out
clearly.
But it must be in tandem with
opportunities for these children to do what
4523
used to be called, in the adult world,
community service sentencing. We've all
sponsored bills like that in previous lives
and other legislatures, and those programs
have worked wonderfully.
And we've heard about the young
child, the young 12- or 14-year-old who was
sentenced to work in the dog clipping parlor
and stayed there for years, finally got a job,
finally went to veterinarian school. I mean,
that story has been repeated over and over
again.
Those kinds of things are the
success stories of the kids that get into
trouble and end up going somewhere and doing
something that they didn't want to do. But
someone else helped raise that child. In this
case, it was the owner of the dog clip joint,
or whatever they called it, where the dogs
were groomed.
And so, yes, we do need to do more
for these children. I couldn't agree with you
more.
And I'm thankful for the support
that I see around on the floor. I can
4524
understand why some might hesitate, but I'm
voting yes.
ACTING PRESIDENT MEIER: Senator
Rath will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1703 are
Senators Andrews, Connor, Dilán, Duane,
González, Hassell-Thompson, L. Krueger,
Parker, Paterson, and A. Smith. Ayes, 49.
Nays, 10.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
On behalf of Senator Paterson, I
would like to request unanimous consent to be
recorded in the negative on 1672.
ACTING PRESIDENT MEIER: Senator
Paterson, without objection, will be recorded
in the negative on Calendar Number 1672.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
4525
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
I'd appreciate, with unanimous consent, being
recorded in the negative on Calendar 1703.
ACTING PRESIDENT MEIER: Without
objection, Senator Stavisky will be recorded
in the negative on Calendar 1703.
Senator Alesi.
SENATOR ALESI: Mr. President,
may we take up Calendar Number 1688 at this
time, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1688.
THE SECRETARY: Calendar Number
1688, by Senator Nozzolio, Senate Print 7479,
an act to amend the Workers' Compensation Law.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Nozzolio, Senator Hassell-Thompson has
requested an explanation of Calendar 1688.
SENATOR NOZZOLIO: Thank you, Mr.
President. I'd be glad to explain the
measure.
4526
It was designed to ensure that
those families who are philosophically and
morally opposed to collecting unemployment
insurance and workers' compensation insurance,
like the Amish and Mennonites -- who have
moved aggressively, and we welcome them, into
the Finger Lakes region -- these sects have
grown in their predominance, and it is against
their religious beliefs to participate in any
type of insurance outside the religious sect.
This is a recognizable item by the
federal government, and what we're doing is
trying to conform New York State law with
exemptions that already exist at the federal
level. That if someone qualifies at the
federal level for this exemption, under this
legislation they will so qualify under the
state, a similar state exemption.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Through you, Mr.
President, would the sponsor yield for a
question?
ACTING PRESIDENT MEIER: Senator
4527
Nozzolio, do you yield for a question?
SENATOR NOZZOLIO: I'd be happy
to yield to my friend Senator Brown.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Senator,
currently under the present law in New York
State, what do families that are members of
these sects find themselves having to do?
SENATOR NOZZOLIO: Mr. President,
the process, as I understand it -- and this
was brought to my attention by an individual
not a member of the sect but an accountant
doing business for the Mennonites and the
Amish -- that in many cases their work is such
with members of their own sect, so they
automatically don't take out unemployment
insurance and workers' compensation insurance.
But when the group contracts with a
business, for instance, to build a building or
does other work related to their business
enterprises -- and these are very enterprising
businesspeople in agriculture, carpentry,
furniture making, and the like -- that they
found themselves in an accounting morass where
4528
they in effect would be philosophically,
morally, and would not accept the benefit but
still finding that they would have to be
paying for unemployment insurance and workers'
compensation.
This is strictly defined, though,
because it is not something that we would
believe appropriate for others not in the same
type of lifestyle and in this very
religious-oriented -- it is against, in
effect, their religion to accept the benefit.
They feel, then, why should they be paying the
benefit.
SENATOR BROWN: Through you, Mr.
President, if the sponsor would yield for one
final question.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you yield for another question?
SENATOR NOZZOLIO: Mr. President,
I'd be happy to yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: So currently,
against their religious beliefs, people that
are members of this sect now have to file with
4529
the state?
SENATOR NOZZOLIO: Mr. President,
yes.
As I understand it, as it was
explained to me, this exemption exists for
federal withholding, Social Security and the
like. We're extending that already recognized
federal -- there are certain criteria that the
federal IRS and Social Security Administration
require. It's not just someone coming in and
applying as individuals. I mean, particularly
with the long history of the Amish and the
Mennonites, that you can certainly understand
they have this process down pat and have
received the appropriate federal exemptions.
This legislation is designed to
extend the same criteria, the same view at the
state level that already exists at the federal
level.
SENATOR BROWN: I thank Senator
Nozzolio for his explanation.
Thank you very much.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4530
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I'd like
unanimous consent to be recorded in the
negative on 1703, Calendar Number.
ACTING PRESIDENT MEIER: Without
objection, Senator Oppenheimer will be
recorded in the negative on Calendar 1703.
Senator Sabini.
SENATOR SABINI: Mr. President,
I'd ask unanimous consent to be recorded in
the negative on Calendar Number 1703, Senate
Print 7570.
ACTING PRESIDENT MEIER: Without
objection, Senator Sabini will be recorded in
the negative on Calendar 1703.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
4531
President. May we go to 1699, Calendar 1699
at this time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar Number 1699.
THE SECRETARY: In relation to
Calendar Number 1699, Senator Flanagan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11590 and substitute it
for the identical Senate Bill Number 7552,
Third Reading Calendar 1699.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1699, by the Assembly Committee on Rules,
Assembly Print Number 11590, an act to amend
the Correction Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
4532
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we go to Calendar 1712.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1712.
THE SECRETARY: Calendar Number
1712, by Senator Marcellino, Senate Print
7627, an act to amend the Environmental
Conservation Law, in relation to the
brownfield cleanup.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. Is there a message of necessity at
the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR ALESI: Move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
4533
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Marcellino, Senator Hassell-Thompson has
requested an explanation of Calendar 1712.
SENATOR MARCELLINO: Mr.
President, this bill is a cleanup bill to
correct certain technical problems in areas
that have been picked up in the original
brownfields act. It has been negotiated with
the cosponsors in the other house and is an
agreed-upon bill.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President.
At this point if the sponsor,
through you, would yield for a few questions.
4534
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield?
SENATOR MARCELLINO: If I can
answer his questions, I'll be happy to yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Thank you very
much.
Senator Marcellino, is there an
agreement with the Assembly on these technical
corrections to this --
SENATOR MARCELLINO: Yes, there
is, Senator.
SENATOR BROWN: Through you,
would the sponsor yield for another question?
ACTING PRESIDENT MEIER: Senator,
do you yield?
SENATOR MARCELLINO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Last year there
were some concerns that upstate legislators
had raised, both in this chamber and in the
Assembly chamber, that the brownfields bill
that passed did not address some of the
4535
concerns that we had relative to the cost of
cleaning up brownfields in Western New York
and other places upstate.
I know that a number of us had
spoken about these concerns that we had, and
the sponsor at that time agreed to make some
of those changes.
Are those changes contained in this
bill, Senator Marcellino?
SENATOR MARCELLINO: Senator, to
be completely honest, I'm not 100 percent sure
that every concern has been addressed as you
requested at the beginning. This is a bill
that has been negotiated between both houses.
However, I do believe many of them
have been. And if you saw an article in the
Post, one of the clips in the New York Post,
this bill seems to be working for the cities
in ways that were not projected. We've
improved a lot of things with this bill and
corrected a lot of problems.
I believe this bill will address
many of your concerns.
SENATOR BROWN: Thank you.
ACTING PRESIDENT MEIER: Senator
4536
Stavisky.
SENATOR STAVISKY: If Senator
Marcellino would yield for a question.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR MARCELLINO: For one
question.
Excuse me. I misspoke, and I don't
want to mislead anybody. I misspoke. I was
under the impression that we had a three-way.
We do not. This is a two-way agreement bill.
We do not have Assembly approval on this bill.
ACTING PRESIDENT MEIER: Just a
moment, Senator Stavisky.
Senator Alesi.
SENATOR ALESI: I'm sorry,
Senator.
Mr. President, there will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Stavisky.
SENATOR STAVISKY: My one
4537
question, are there any memos in support or
opposition from any of the environmental
groups?
SENATOR MARCELLINO: Senator, I
don't have any memos either way on this
particular bill.
At this moment, however, I just
want to make mention to Senator Brown to
correct, so that he understands what I just
said before.
Senator, so you understand, before
I misspoke. There is no Assembly agreement on
this. This is a two-way.
SENATOR BROWN: I did hear you.
Thank you, Senator.
SENATOR STAVISKY: So the answer
is no memos.
SENATOR MARCELLINO: I have no
memos. I don't know of any, Senator.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: If the
Senator would yield for a question.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
4538
SENATOR MARCELLINO: Yes, I will
yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: Would this
bill eliminate the need for a municipality to
undertake --
SENATOR MARCELLINO: I can't hear
a word you're saying.
SENATOR OPPENHEIMER: Would this
eliminate the need for a municipality to take
the same kind of vigorous enforcement that
they would have, you know, to remediate --
would they still pursue this as vigorously as
under the --
SENATOR MARCELLINO: This bill
will not weaken any provision in the original
bill. This is cleanup in some technical
situations, some technical language and the
like. It does not weaken any provision for
cleanup.
SENATOR OPPENHEIMER: Then I have
another question.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
4539
SENATOR MARCELLINO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: But isn't
some of their liability eliminated in this
bill, so that would make the need to --
SENATOR MARCELLINO: The original
brownfield bill provided the liability relief
to lenders and developers that meet all the
criteria of the program. That was part of the
original bill.
SENATOR OPPENHEIMER: So you're
saying this doesn't eliminate any of the
liability of the municipality.
SENATOR MARCELLINO: Senator, I'm
confused.
SENATOR OPPENHEIMER: The
municipality is not in some way relieved of
some liability here?
SENATOR MARCELLINO: If the
municipality is an innocent party, this
language, the language that we've created
here, only clarifies their release. It does
not weaken anything.
SENATOR OPPENHEIMER: Okay.
4540
Thank you. There --
ACTING PRESIDENT MEIER: Senator
Oppenheimer, do you wish Senator Marcellino to
continue to yield?
SENATOR OPPENHEIMER: Yes,
please.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR MARCELLINO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: There seems
to be some confusion regarding the change of
the terms "hazardous waste" and "petroleum" to
"contamination." The bill defines
"contaminant" as including both hazardous
waste and petroleum, but "contamination" is
defined only as hazardous waste.
It seems that significant portions
of the bill, therefore, would not include the
petroleum pollution. Is that true or not?
SENATOR MARCELLINO: This change
in language is simply to provide consistency
throughout the bill. It does not weaken -- as
I said before, everything that was included in
4541
the original bill is still included to be
cleaned up. Definitions have not been
changed. It has not been weakened in any way.
SENATOR OPPENHEIMER: Thank you.
And lastly, the bill appears to
weaken -- again, you keep telling me it
doesn't. But the requirement for source
removal, grossly contaminated soil which must
be removed under source removal requirements,
is redefined to include only free product or
mobile contamination and no longer includes
residual solid, semisolid or liquid
contamination.
SENATOR MARCELLINO: All the bill
does, Senator, is make it clearer what a
grossly contaminated soil is defined as.
SENATOR OPPENHEIMER: It doesn't
in any way weaken the source removal?
SENATOR MARCELLINO: No, Senator,
it does not.
SENATOR OPPENHEIMER: Okay.
Thank you very much for answering my
questions.
SENATOR MARCELLINO: You're
welcome.
4542
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes.
Through you, Mr. President, I want to ask a
couple of questions for clarification.
ACTING PRESIDENT MEIER: Does the
sponsor yield?
SENATOR MARCELLINO: Go right
ahead. I'm here all night.
SENATOR HASSELL-THOMPSON: Looks
like I'll be here with you, too.
SENATOR MARCELLINO: That's good.
You and me.
SENATOR HASSELL-THOMPSON: My
question, for clarity, is that in the
municipality of Mount Vernon specifically,
there are several gasoline -- old stations
that have been -- that we have had a lot of
difficulty with. Two are owned by people who
just cannot afford the cleanup. And as we
look at brownfields, those are properties that
we really need to put to good use.
In the changing of the language, if
I understand this correctly, by taking
"petroleum" out of the area of "hazardous
4543
waste" and now putting it in
"contamination" -- now, so far, is that
correct?
SENATOR MARCELLINO: Yes.
SENATOR HASSELL-THOMPSON: All
right. So I do understand that part right.
How will that affect, then, those
gas stations that heretofore we have put on
the list of hazardous waste sites? How will
the changing of this language affect our
ability to use brownfield monies to clean up
those areas?
SENATOR MARCELLINO: It should in
no way affect it.
SENATOR HASSELL-THOMPSON: It
should in no way --
SENATOR MARCELLINO: In no way
affect it.
All we did with the language was to
try to make the language consistent throughout
the bill, so that it was clear, so you
wouldn't get in confusion where it's stated
one word, one phrase used here and another
phrase used there and a different phrase used
over here. It's to make it uniform throughout
4544
the bill.
Regs are being formulated by the
DEC now that would further promote the cleanup
of sites like the ones you're talking about.
As I said before, we all want the
same end. We all want those sites back in
productive use in every community in which
they exist. Nothing that we're doing here,
that has been done here, that we're attempting
to do here, will weaken that end.
SENATOR HASSELL-THOMPSON: Okay.
Through you, Mr. President, one more question.
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield?
SENATOR MARCELLINO: As many as
she needs.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HASSELL-THOMPSON: So the
latter part of your response, I think, really
answered the question.
But I just want to go on the record
as stating that nothing in this language will
change the status of those sites that were put
on the brownfield list, under the heading of
4545
gasoline stations, based upon the change in
language or redefining of the language.
SENATOR MARCELLINO: You're
absolutely correct, Senator. Nothing will
change.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1712 are
Senators Breslin, Onorato, Oppenheimer, and
Paterson. Also Senator Sabini. Also Senator
Lachman. Ayes, 53. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up the
noncontroversial reading of the supplemental
4546
active list.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the supplemental active list.
THE SECRETARY: Calendar Number
130, by Member of the Assembly Cahill,
Assembly Print Number 252D, an act to amend
the Insurance Law, in relation to accounting
standards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
520, by Senator Robach, Senate Print 5446C, an
act to amend the Public Health Law, in
relation to the fee charged.
ACTING PRESIDENT MEIER: Read the
last section.
4547
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
777, by Senator Bonacic, Senate Print 6645B,
an act exempting the Town of Neversink.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1014, by Senator Bonacic, Senate Print 6231A,
an act in relation to authorizing the
Otsego-Northern Catskills Board of Cooperative
4548
Educational Services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1202, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11301A and substitute it
for the identical Senate Bill Number 7058A,
Third Reading Calendar 1202.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1202, by the Assembly Committee on Rules,
Assembly Print Number 11301A, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Read the
4549
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1551, by --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Alesi, that completes the
noncontroversial reading of the supplemental
active list.
SENATOR ALESI: Thank you.
Mr. President, I'm sorry, there are
members of the Rules Committee that we're
awaiting their return. May we stand at ease
for just a few moments.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
4550
(Whereupon, the Senate stood at
ease at 7:03 p.m.)
(Whereupon, the Senate reconvened
at 7:04 p.m.)
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you. Can
we return to motions and resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
SENATOR ALESI: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
there is.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President. On behalf of Senator Maziarz, on
page number -- it's a good question. I can't
read it. Doesn't make any difference -- I
offer the following amendments to Calendar
Number 1684, Senate Print Number 7367, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
4551
bill will retain its place on third reading.
Senator Alesi.
SENATOR ALESI: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes, we
have some substitutions.
The Secretary will read the
substitutions.
THE SECRETARY: On page 11,
Senator Larkin moves to discharge, from the
Committee on Rules, Assembly Bill Number 10848
and substitute it for the identical Senate
Bill Number 3872, Third Reading Calendar 340.
On page 16, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2685 and substitute it
for the identical Senate Bill Number 4733,
Third Reading Calendar 476.
On page 17, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9198C and substitute it
for the identical Senate Bill Number 5738C,
Third Reading Calendar 529.
On page 19, Senator Nozzolio moves
to discharge, from the Committee on Rules,
4552
Assembly Bill Number 3545 and substitute it
for the identical Senate Bill Number 3882,
Third Reading Calendar 660.
On page 20, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10810A and substitute it
for the identical Senate Bill Number 6391A,
Third Reading Calendar 675.
On page 34, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10969 and substitute it
for the identical Senate Bill Number 6812,
Third Reading Calendar 1062.
On page 40, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11591 and substitute it
for the identical Senate Bill Number 5148A,
Third Reading Calendar 1216.
And on page 47, Senator Larkin
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9867A and
substitute it for the identical Senate Bill
Number 6750A, Third Reading Calendar 1377.
ACTING PRESIDENT MEIER:
Substitutions ordered.
4553
Senator Andrews.
SENATOR ANDREWS: Yes, Mr.
President. I request unanimous consent to be
recorded in the negative on Calendar Number
1712.
ACTING PRESIDENT MEIER: Without
objection, Senator Andrews will be recorded in
the negative on Calendar 1712.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
With unanimous consent I'd also like to be
recorded in the negative on Calendar 1712,
Bill 7627.
ACTING PRESIDENT MEIER: Without
objection, Senator Liz Krueger will be
recorded in the negative on Calendar 1712.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President.
There will be an immediate meeting
of the Finance Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
4554
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up Calendar 1551 at
this time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1551.
THE SECRETARY: Calendar Number
1551, by Senator Robach, Senate Print 6618, an
act to amend the Tax Law, in relation to video
lottery gaming.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Mr. President,
through you, can I ask a question?
ACTING PRESIDENT MEIER: Are you
raising a point of information, Senator Brown?
SENATOR BROWN: Yes. On the
bill.
4555
ACTING PRESIDENT MEIER: We're on
the roll call now, Senator. Are you asking to
withdraw the roll call?
SENATOR BROWN: Yes, sir.
ACTING PRESIDENT MEIER: Without
objection, the roll call is withdrawn.
Senator Brown, why do you rise?
SENATOR BROWN: Will the sponsor
yield for a question?
ACTING PRESIDENT MEIER: Senator
Robach, do you yield for a question from
Senator Brown?
SENATOR ROBACH: I yield gladly,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Through you, Mr.
President, there's another group that has a
"fast ferry" proposal. If this other group,
that I believe Senator Robach is familiar
with, was able to get their project moved
forward, would this give them the ability to
have VLTs on their "fast ferry" project as
well?
SENATOR ROBACH: Actually I'm, in
4556
all candor, not aware of any other project.
But no, this wouldn't. What this
bill does is simply amends the current law,
which allows several racetracks in an area to
have video lottery terminals, to also add to
those machines on the ferry now existing
between Rochester and Toronto exclusively.
SENATOR BROWN: Through you, Mr.
President, would the sponsor yield for another
question?
ACTING PRESIDENT MEIER: Senator
Robach, do you continue to yield?
SENATOR ROBACH: I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: I know that
there's been a lot of concern about the
expansion of gaming in the state and the
expansion of VLTs. This would be yet a
further expansion of VLTs.
Now, the state is relying on
certain projections that these VLTs will
produce certain revenues that will pay for
other things that we are budgeting. What
4557
impact will these VLTs on this "fast ferry"
have on some of the other sites that we're
hoping that VLTs will produce revenues?
SENATOR ROBACH: I'd be happy to
answer that.
Actually, we feel, because of the
unique setting of this ship -- you would
actually have to pay a fee, as you know, to
get your vehicle or your person on the ship
traveling between Toronto and Rochester -- we
feel it will have no impact. For someone who
really wants to game exclusively, this would
probably be their venue of least choice.
This is really, or at least I view
this as an enhancement to a very unique
tourism opportunity with 4½ million people to
the north, in addition to movies, fine foods
and restaurants, enhancing them to come to
Rochester to make that trip back and forth.
What is different about this, in
terms of pay in or pay out, the only thing
different from this bill, amending that, is
unlike the other current setups with the
tracks, the majority of money or greater
percentage of this money would actually go to
4558
K-12 education in New York State. That's the
only thing that makes it different than the
current bill, because there is no track or
horse people to take part in this in this
setting.
SENATOR BROWN: Mr. President, I
want to thank the sponsor for responding to my
questions, and I want to thank you for your
indulgence.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1551 are
Senators Brown, Duane, L. Krueger, LaValle,
Little, Marcellino, Meier, Padavan, Parker and
Saland. Ayes, 49. Nays, 10.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi, that completes the
supplemental active list.
4559
SENATOR ALESI: Mr. President,
may we return to reports of standing
committees for a report from the Rules
Committee.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 618, by Senator McGee,
an act to amend the Civil Service Law;
742, by Senator Breslin, an act
authorizing;
1387, by Senator Volker, an act to
amend the Penal Law;
1531B, by Senator Padavan, an act
to amend the Education Law;
1760B, by Senator Johnson, an act
to amend the Insurance Law;
2263B, by Senator Farley, an act to
amend the Banking Law;
3138A, by Senator Saland, an act to
amend the Education Law;
3908, by Senator Robach, an act to
4560
amend the State Finance Law;
4311B, by Senator Hoffmann, an act
authorizing;
4964A, by Senator Hannon, an act to
amend the Public Health Law;
5237A, by Senator McGee, an act to
amend the Real Property Tax Law;
5431A, by the Senate Committee on
Rules, an act to amend the Civil Practice Law
and Rules;
5976C, by Senator Golden, an act to
amend the Executive Law;
6107, by Senator LaValle, an act to
amend Chapter 311 of the Laws of 1920;
6546B, by Senator Seward, an act to
amend the Insurance Law;
6650A, by Senator Padavan, an act
in relation to the participation;
6722, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
6757, by Senator Padavan, an act to
amend the Labor Law;
6862A, by Senator Padavan, an act
to amend the Real Property Tax Law;
6977, by Senator Little, an act to
4561
amend the Real Property Tax Law;
7009C, by Senator LaValle, an act
in relation to granting;
7124A, by Senator Farley, an act to
amend the Banking Law;
7157A, by Senator Mendez, an act to
amend the Retirement and Social Security Law;
7204, by Senator Spano, an act to
amend the Retirement and Social Security Law;
7246, by Senator DeFrancisco, an
act to amend the Judiciary Law;
7307A, by Senator Meier, an act to
amend the Executive Law;
7330A, by Senator Kuhl, an act to
authorize;
7354, by Senator Little, an act
creating a task force;
7378, by Senator Robach, an act to
amend the Retirement and Social Security Law;
7399A, by Senator Marcellino, an
act to amend the Environmental Conservation
Law;
7435, by Senator Spano, an act to
amend the Vehicle and Traffic Law;
7470, by Senator Rath, an act to
4562
amend the Family Court Act;
7483, by Senator Skelos, an act to
amend the Real Property Tax Law;
7497, by Senator Johnson, an act to
amend the Environmental Conservation Law;
7498, by Senator Libous, an act to
amend the Environmental Conservation Law;
7503A, by Senator Alesi, an act to
amend the Alcoholic Beverage Control Law;
7520, by Senator Balboni, an act
creating;
7523, by Senator Rath, an act
authorizing the president of the State
University of New York College at Buffalo;
7526, by Senator Leibell, an act to
amend the Education Law;
And Senate Print 7530A, by the
Senate Committee on Rules, an act to amend the
Education Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. I move to accept the Rules report.
4563
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we stand at ease for just a
moment.
ACTING PRESIDENT MEIER: I'm
sorry, may I recognize Senator Stachowski
first.
Senator Stachowski.
SENATOR STACHOWSKI: Yes, Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1551, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar 1551.
The Senate will stand at ease.
4564
(Whereupon, the Senate stood at
ease at 7:18 p.m.)
(Whereupon, the Senate reconvened
at 7:25 p.m.)
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we have the reading of the
Finance report, please.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following bills:
Senate Print 7635, by the Senate
Committee on Rules, an act making
appropriations for the support of government;
And Senate Print 7636, by the
Senate Committee on Rules, an act relating to
the powers of the Commissioner of Health.
Both bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, both bills directly to third
4565
reading.
Senator Alesi.
SENATOR ALESI: Thank you. Mr.
President, may we take up Calendar 1715 at
this time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1715.
THE SECRETARY: Calendar Number
1715, by the Senate Committee on Rules, Senate
Print Number 7635, an act making
appropriations for the support of government.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you. Mr.
President, is there a message of necessity and
appropriation?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR ALESI: Move to accept.
ACTING PRESIDENT MEIER: All in
favor of accepting the message of necessity
and appropriation signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
4566
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Johnson, Senator Hassell-Thompson has
requested an explanation of Calendar 1715.
SENATOR JOHNSON: This bill, Mr.
President, is an emergency appropriation
covering the period June 21st to August 1st.
It appropriates approximately $14.2 billion
for the various state departments and
agencies; 3.7 billion of that is for Medicaid,
1.25 billion for state payroll, 610 million
for nonpersonal service payments, 548 million
for Office of Temporary Disability Assistance,
and 394 million for school aid payments and
et cetera, et cetera.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
4567
Sabini, on the bill.
SENATOR SABINI: Well, Mr.
President, we've now topped ourselves here.
In proposing a six-week extender, we're now at
the point of taking one-third of the year, the
fiscal year, and putting it on cruise control.
And we do this, frankly, in an
offhanded manner without considering a lot of
the ramifications of what we do. There's
ramifications on the taxpayer side. There's
ramifications on the provider side of
services. And I think it's important we note
those ramifications.
We talk a lot about education in
this house, and yet schools need time to hire
teachers, purchase books, develop curricula.
It's unreasonable to think that we can pass a
budget, even if we're successful in passing
one in August, and all of a sudden [snapping
fingers] they'll be able to just spend that
money. It doesn't work that way. They plan.
We have students who don't know how
much their tuition is going to cost. We have
students that don't know how much tuition
assistance they're going to get because we
4568
continue to extend our budget and not
delineate exactly what kind of programs we're
going to fill in the numbers on.
Back in March, Senator Paterson put
together a balanced budget proposal that
included a cap on local Medicaid costs and
additional savings from adopting a preferred
drug list and bulk drug purchasing. By us not
doing that, it costs local property taxpayers
millions of dollars every day, and that's
money we're not going to get back even if we
pass a budget in August at the end of this
extender.
And then of course we're doing
again what we've done before, which is we
enact a sales tax on clothing, something we
promised we wouldn't have. I find it ironic
that last week in this chamber we passed --
we've extended the sales tax on clothing and
shoes for human beings, but last week we
passed a bill to extend horseshoes from sales
tax. I guess they have a better lobbyist than
we do.
Mr. President, I find it really
kind of sad that in the face of criticism
4569
throughout the state -- one need only open a
Sunday paper or the Monday papers, today, to
find that people think what goes on here is
not the way to do business, and those
editorials are only reflecting what the public
really thinks -- that we once again, instead
of correcting that, go further and pass a
six-week extender.
I for one have not voted for any of
these extenders, and I won't vote for this
one. But we are now in the area of theater of
the absurd. We're going to leave here without
passing a budget, probably tomorrow -- and
we're going to expect that things are going to
get done while we're not here?
Doesn't that really underline the
essential problem here, which is that there's
not a real participatory legislative process
and that, in fact, we're sort of just props on
the stage? We're not really important to the
process. We can leave town, and maybe no one
will notice.
People are starting to notice, and
it's starting to affect programs and affect
people's pocketbooks. And I, for one, am not
4570
in a position to say that what is being said
in newspapers throughout this state and by
people in the streets of this state is not
correct. I've heard members of this body and,
frankly, the body across the building say:
Well, you know, people don't really understand
the process.
Oh, I think they do. I think maybe
the people who think that the public doesn't
understand the process really are deluding
themselves into thinking that somehow we've
created this hierarchical society in this
building that we really know better than
anyone else, that what we think really counts
for something more than anyone else outside
this building, anyone in the State of
New York, anyone in any academia, anyone in
any interest group, any taxpayer -- we know
better.
Sometimes the wisdom is in the
street. And I think in this case, by passing
a six-week extender -- and I really am amazed
that we're going to this level -- that we are
in effect saying that our deadline to end this
session tomorrow is a more important deadline,
4571
a deadline agreed to by two people -- not even
three men in a room, two -- that that's more
important than the April 1st deadline on the
budget.
That's wrong. I think we all know
it's wrong. And I think we ought to do
something about it by not agreeing to in
effect create sort of a summer replacement
show here and allow government to go on
without us having a decision-making power once
we leave here tomorrow or whenever we leave
here.
The government, as Senator Paterson
said today, is really being put on cruise
control. I think we owe the voters a little
more than that.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LaVALLE: Thank you, Mr.
President. I just wanted to comment, and in a
responsive way, to our colleague Senator
Sabini.
I think about a week or so ago I
rose -- we were talking about CFE at the
4572
time -- and my comments were that we in this
house should be very proud of the things that
we have done, both through our Majority Leader
and Minority Leader.
This house was ready and could have
done a budget April 1. The Majority Leader
was poised, the staff had worked to the point
where we could have done a budget. And I
believe that whenever we do a budget and we
look at what we could have done on April 1,
you will not see very much of a difference.
But the Speaker laid down the rule that we
were not going to do a budget until we did
CFE.
So I think we only confuse -- and
unfortunately, not enough of the media have
separated out who here are part of the
solution and who are part of the problem. And
this house is not part of the problem. We
have been there over and over again,
regardless of what the issue is, ready,
willing and able to address that issue.
So I think we need to take credit
for being proactive. But you need an Assembly
and an Executive to join in the process to
4573
have a budget. Our house has always been
there.
So I think we shouldn't be
confusing the issue, we should be lobbying the
Assembly to be there, the Speaker to move away
from a position that maybe in June, maybe it
looks a little better that we can do a budget
without CFE or we could do the two now
contemporaneously.
So I think we need to be more
proactive with the other house. And we
shouldn't, again, be beating on ourselves in
this house for inaction. This house has been
about action and being productive.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
President. On the bill.
Whether we're proactive or not, in
the eyes of the people we are all responsible,
all 212 legislators and the Governor. And
Senator Sabini eloquently outlined those
places where it hurts the citizens of the
State of New York -- in higher education, in
4574
education, it hurts with tourism, with the
sales tax, with health care.
But, you know, it hurts us as a
Legislature, because the Constitution clearly
says that we can't have a bill that
appropriates any money until a budget is
passed. So we've now gone one-third of our
year without passing a budget.
And because we can't appropriate
any money until a budget is passed, we have
two choices when we get an extender: vote
with the Governor or close down government.
And that's not a very good choice. But we're
abdicating that responsibility by not passing
a budget on time.
And now we will have gone one-third
of the year without doing our job. And by not
doing our job, we're not allowing the changes
that are necessary for this fiscal year,
dealing with things like education or road
construction or higher ed or the sales tax.
We are all at fault. We are all responsible.
And I will vote in the negative.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
4575
Balboni.
SENATOR BALBONI: Mr. President,
there are some lessons that have been learned
in Albany, but we don't speak about them much.
For years and years, if you take a look back
at the last ten years, the Senate revenue
projections, as announced early in the year,
are always the closest to the actual
projections, actual receipts received.
Joe Bruno, as a leader, has kept
his word about the end of session. In fact,
in this world of ephemeral and fleeting ideas
and practices, Joe Bruno stands as the one guy
who says, We'll agree on a timetable and we'll
leave town.
He shouldn't be criticized for
that, he should be applauded. It gives a
little bit of substance to this life we have
here.
The other myth that we haven't
learned is that waiting somehow makes things
better. It does not. If we had done the
budget numbers back in March, realizing that
CFE was not going to be done in this kind of
timetable in this circumstance, we will have a
4576
better budget than we're going to have if we
wait till August, September, October. But you
can't negotiate a loan. You have to be
willing to come to the table and discuss. But
actually do more than discuss, move forward.
And that's what we lack in this town.
But, you know, I guess perhaps I'm
an optimist, but we must reject the
characterization that all of us cannot get
anything done. Take a look at all the
different bills that are going to be passed
tonight and tomorrow, and look at all the
bills that are going to be signed by the
Governor.
Because they're not the media's
agenda, they will be perceived as something
just to be disregarded. But they affect
people. They affect people every single year.
And they're done and worked out because of the
talents and the dedication of people on both
sides of the aisle in both houses.
And that should be the focus. We
should be beginning to believe in our
abilities as opposed to our disabilities.
And the last thing is, you know, as
4577
we move from this place, we must also reject
the characterization that we stopped working.
Do we all go home and we're not going take on
the work of the people and come back? Of
course we are going to continue doing that.
We're trying to bring people back into town
and do things in a way that will be
productive.
And we know what doesn't work
standing in a room or sitting across the table
staring at each other without ideas.
It's the Speaker's timetable.
Let's see what he works out. I'm going to
vote for the extension.
ACTING PRESIDENT MEIER: Senator
Parker.
SENATOR PARKER: Mr. President,
on the bill.
I'm actually very embarrassed by
this whole process. I actually -- it's
horrible that in 21 years the State
Legislature, some of the best and brightest --
it's been an honor to kind of sit amongst you
individually and in groups and have
conversations, because, as some folks said
4578
last time, it is a very talented group of
folks, both here and in the other chamber.
And the fact that we cannot seem to
find a way to work through, you know, real
basic differences on policy and particularly
something as important as the budget, which is
the most important policy document that we
produce here in Albany, is embarrassing. And
it really leads to nothing more than a lack of
will.
It has nothing to do with
disagreements on the numbers, because you can
work through some kind of negotiation on that.
It has nothing to do with, you know, the
priorities, because everybody, you know, knows
we have to educate children and provide health
care. Everybody knows that we need to provide
transportation and we need to do economic
development. It's a matter of lack of will to
just, in a real sincere and honest and upfront
way, negotiate to get this done.
And I'm embarrassed by our lack of
will to move forward and get this done. And
this six-week extender unfortunately
represents the embodiment of that lack of
4579
will. By passing a six-week extender, we're
not even just saying, yeah, we haven't gotten
it done and we're going to keep working on it
until we get it done, although we're going to
end the session, you know, tomorrow.
We're saying, you know what, not
only haven't we gotten it done when we were
supposed to get it done back on April 1st, not
only haven't we got it done before we end the
session, we're not even going to try to get it
done for at least another six weeks.
I'm embarrassed. And we should all
be ashamed of ourselves to leave this place
and not having done a really --
ACTING PRESIDENT MEIER: One
moment, Senator Parker. Why do you rise?
SENATOR DeFRANCISCO: I wonder if
Senator Parker would yield to a question.
ACTING PRESIDENT MEIER: Senator
Parker, do you yield to a question from
Senator DeFrancisco?
SENATOR PARKER: Sure, why not.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR DeFRANCISCO: Senator
4580
Parker, do you agree that a budget does not
require CFE to be resolved?
SENATOR PARKER: I don't agree on
that.
SENATOR DeFRANCISCO: You don't
agree with that.
Do you believe the court ordered us
to resolve the CFE matter as part of our
budget this year? Is that your understanding?
SENATOR PARKER: I'm sorry?
SENATOR DeFRANCISCO: Is it your
understanding that the court ordered us to
resolve CFE as part of our budget?
SENATOR PARKER: Is Senator
DeFrancisco asking me to yield for another
question?
SENATOR DeFRANCISCO: Oh, excuse
me. I'm sorry. I'll give you a little more
time to think.
Would Senator Parker yield to a
question?
ACTING PRESIDENT MEIER: Does the
Senator yield for another question?
SENATOR PARKER: Sure.
ACTING PRESIDENT MEIER: The
4581
Senator yields.
SENATOR DeFRANCISCO: Is it your
understanding that the court ordered in the
CFE case that this CFE must be part of the
state budget this year?
SENATOR PARKER: Although it is
not necessarily mandated, from my
understanding within the context of the
particular lawsuit, as a policy matter and as
a political matter, it is my understanding
that in fact if we don't in fact deal with
this within the context of the budget for
2004-2005, we will not get this matter
resolved. And the young people who attend
school, the over 1.1 million schoolchildren
who attend New York City schools -- and many
other high-needs districts around the state --
will not get the additional dollars that they
need.
And so my understanding is, yes, we
have to get it done this year under this
budget in order to in fact make effective
policy on this issue.
SENATOR DeFRANCISCO: Would
Senator Parker yield for another question.
4582
ACTING PRESIDENT MEIER: Does the
Senator continue to yield?
SENATOR PARKER: Yes.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR DeFRANCISCO: But you do
agree that the budget was supposed to be
completed by April 1 and the CFE decision
required us to have a resolution by the end of
July?
SENATOR PARKER: Yes.
SENATOR DeFRANCISCO: Would the
Senator yield to another question?
ACTING PRESIDENT MEIER: Senator
Parker, do you continue to yield?
SENATOR PARKER: Yes, I do.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR DeFRANCISCO: If one of
the negotiating partners says that we cannot
have a budget until CFE is resolved, and CFE
is not resolved, do you feel that that's a
justification for holding up this budget?
SENATOR PARKER: I think that's a
matter, again, as I stated earlier, a matter
4583
of will. I think that somebody saying that it
can't be resolved is not because it can't be
resolved, it's because people don't have the
will to resolve it.
This is something -- I've worked in
government not as long as a lot of people in
this room, but in the limited time that I've
worked in government, I find that there's two
kinds of people here. There's can-do people
and can't-do people. And I was hoping I was
coming to a body -- and I think most of the
people I've met here are can-do people. And
so for me I reject the false dichotomy that if
somebody says it can't get done, it means it
can't get done. It's a matter of will.
SENATOR DeFRANCISCO: One last
question, would he yield to.
ACTING PRESIDENT MEIER: Senator
Parker, do you yield for another question?
SENATOR PARKER: Absolutely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DeFRANCISCO: So if
someone says we can't do a budget without CFE,
is that a can't-do or a can-do person?
4584
SENATOR PARKER: I think if
someone says that they cannot do it without
CFE, that they are asserting a reality of what
needs to get done within the context and the
constraints of both a policy process and a
political process that requires us to have a
budget done and at the same time respond to a
court order and be within the confines of the
law.
ACTING PRESIDENT MEIER: Senator
Parker.
SENATOR PARKER: Thank you.
Thank you very much.
ACTING PRESIDENT MEIER: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. If the Senator would yield,
please.
SENATOR PARKER: I absolutely
would yield to my colleague.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR DUANE: Senator, I'm
wondering if you believe that the Speaker is
responsible or singularly responsible for this
4585
budget mess that we are in the middle of now.
SENATOR ROBACH: Yes.
(Laughter.)
SENATOR PARKER: Are you asking
me a question? Mr. President, is the Senator
asking me a question?
ACTING PRESIDENT MEIER: He's
asking Senator Parker, not a poll.
SENATOR PARKER: If I understand
the question correctly, you're asking me do I
think that the Speaker is solely responsible
for this. No, I do not think that he is
solely responsible for the predicament we find
ourselves in today.
SENATOR DUANE: And if the
Senator would continue to yield.
SENATOR PARKER: I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DUANE: Do you think that
the Speaker is so very powerful that he can
even control what happens in the Senate?
SENATOR PARKER: No, I don't
think he's that powerful.
SENATOR DUANE: And through you,
4586
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: You want
Senator Parker to yield.
SENATOR DUANE: Senator Parker,
yes.
SENATOR PARKER: Senator Parker
will yield.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR DUANE: There's so many
people named "Senator."
Do you think that it might be a
good idea if those of us in this body took
responsibility for what's happening in our
house instead of finger-pointing?
SENATOR PARKER: Absolutely. I
do think that if we took more responsibility
for what happens in our house, as well as what
happens throughout the process, that we would
have a better outcome and we'd be further
along in the process.
SENATOR DUANE: And if the
Senator would continue to yield.
ACTING PRESIDENT MEIER: Senator
4587
Parker, do you yield?
SENATOR PARKER: I do.
ACTING PRESIDENT MEIER: He
yields.
SENATOR DUANE: Do you think that
there are maybe those among us that are
protesting a little bit too much over what's
happening in another place in the Capitol?
SENATOR PARKER: I think that all
of us share a frustration that we had not had
a budget, we have not gotten paid. And I
think we all share in the frustration and
sometimes, you know, may be displacing our
frustration in other places.
SENATOR DUANE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Parker.
Senator Lachman, why do you rise?
SENATOR LACHMAN: Yes, on the
bill.
ACTING PRESIDENT MEIER: No,
Senator Parker has the floor, Senator Lachman.
SENATOR LACHMAN: Oh, he has the
floor. I'm not going to question him.
4588
(Laughter.)
ACTING PRESIDENT MEIER: Why do
you rise, Senator Stavisky?
SENATOR STAVISKY: If Senator
Parker would yield for a couple of questions.
SENATOR PARKER: I would.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR STAVISKY: Through you,
Mr. President. If the CFE decision includes
an appropriation in -- I'm sorry, if our
budget negotiations include a provision as a
phase-in for the CFE decision, it would
obviously increase the funding for upstate and
suburban school districts, would you agree to
that, Senator Parker?
SENATOR PARKER: Yes, I would.
SENATOR STAVISKY: So
therefore --
ACTING PRESIDENT MEIER: Wait a
minute.
SENATOR PARKER: Are you asking
another question, Senator?
SENATOR STAVISKY: May I? I
would appreciate --
4589
ACTING PRESIDENT MEIER: Hold on.
Would you like Senator Parker to yield?
SENATOR STAVISKY: Yes.
ACTING PRESIDENT MEIER: Senator
Parker, do you yield?
SENATOR PARKER: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR STAVISKY: If the CFE
phase is not included in our budget
resolution, would you agree that the funding
stream would be less for the suburban and
upstate school districts?
SENATOR PARKER: Absolutely. In
fact, if we don't do it within the context of
the budget and we wait for this thing to be
over on the 31st, we will wind up with a
special master who then only has an
opportunity to deal with New York City and not
necessarily all of the high-needs school
districts that we all agree need some help.
SENATOR STAVISKY: Thank you,
Senator Parker, for your responsiveness to the
question.
And I have one last question, if
4590
the Senator would yield.
ACTING PRESIDENT MEIER: Senator
Parker, do you continue to yield?
SENATOR PARKER: Yes, I continue
to yield.
ACTING PRESIDENT MEIER: Senator
Parker yields.
SENATOR STAVISKY: Through you,
Mr. President.
Senator Parker is familiar with
Article 11, Section 1 of the New York State
Constitution, which says that the Legislature
shall provide for a system of funding for the
schools in which all of the children of the
state may be educated.
Does Senator Parker agree with that
constitutional mandate for the Legislature?
SENATOR PARKER: I do agree with
it. And unlike the Governor, I believe that
it goes beyond the 8th grade.
Thank you very much.
I'm less interested here in really
assigning blame as I am in assigning
responsibility. And I say that all of us, all
61 members of this chamber -- all right, 62
4591
members of this chamber. Actually, I was
trying not to go there. But all the members
of this chamber, as well as our colleagues in
the other house, have a responsibility and we
share in that responsibility.
And I just think that passing this
extender abdicates that responsibility. I
think passing a six-week extender says that we
are no longer interested in side doing our job
and taking responsibility for what the people
of the State of New York have charged us to
do, and that, you know, for six weeks we're
going to go -- and as Senator Balboni says,
we're not going to necessarily stop working,
we're going to continue to do the work of the
people, but we will not be doing the most
critical part of our job, which is passing the
third largest budget in the country and making
sure that we add the resources necessary to
fund health care, to provide for education,
pre-K through 12, as well as higher education,
to make sure we provide dollars for housing
and for transportation and for all of the
critical needs that need to be met.
And this is nothing to say about
4592
the fact that both the budget and not dealing
with the CFE decision are holding up a myriad
of other important policy issues that we
should have taken care of this year like, you
know, raising the minimum wage, like reform of
the workers' comp law, like dealing with
Timothy's Law, like dealing with Medicaid,
like dealing with Article X, the power plant
siting law. These are all the things that we
really should have dealt with this your --
like Rockefeller Drug Law.
There's, I mean, a myriad of really
critical issues that are important to not just
us, not the people in here, but to our
constituents and the people that we represent
that we all need to pay attention to, and we
haven't had an opportunity to because we have
not dealt with the critical issue of the
budget.
And to say that not putting
children first, children from around the state
first, within the context of the budget --
which is not even a document of numbers, but a
document of priorities. And if somebody here
stands up and tells me that their children and
4593
the education of their children is not their
priority, then I'll accept that and then we
have fundamental differences.
But other than that, we really need
to put the children around this state and the
education as a top priority. We need to put
appropriate money into the budget for CFE and
then pass a budget and not pass this extender.
And if that means not ending tomorrow, if that
means staying through the weekend or staying
through next week, I'm committed to it. I
know that, you know, my colleagues are
committed. And I would -- you know, I would
love to see us stay and resolve this until it
gets done.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President. Would the sponsor yield for one
question.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for a question from
Senator Brown?
SENATOR JOHNSON: Yes.
4594
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR BROWN: Thank you,
Senator Johnson.
On this extender bill, is there a
three-party agreement between the Senate, the
Assembly, and the Governor?
SENATOR JOHNSON: It was a
Governor's bill, so obviously he agrees with
it. The Assembly is going to pass it, yes.
SENATOR BROWN: Thank you,
Senator Johnson.
On the bill.
ACTING PRESIDENT MEIER: Senator
Brown, on the bill.
SENATOR BROWN: To paraphrase our
40th president, meaning no disrespect to
anyone, but here we go again.
And let me say last week many of us
spoke to our frustration about having a
one-house bill on the school funding formula
for the Campaign for Fiscal Equity. And here
we are again today, in a very frustrating way,
moving to pass a six-week extender.
Now, my question is we talked about
4595
the inability to negotiate this out. And, you
know, some of us have tried to assign blame to
different parties. But if we can't work out
an agreement around CFE and we can't work out
an agreement around the budget, how can we
work out an agreement to put off our
responsibilities for six weeks?
Because that's essentially what we
are doing today. Everybody is coming together
and trying to agree today, by virtue of this
bill, that our responsibility to pass a budget
and our moral responsibility to respond to the
needs of schoolchildren all across this state
can be put off. And, quite frankly, I don't
think so.
And like Senator Parker said, I am
prepared to stay here every day, every single
day, if necessary, until we can get a budget
passed. I think that is our responsibility.
That's one of the major responsibilities of
those of us who are in the Senate and the
Assembly.
Now, don't get me wrong, anyone. I
don't really want to stay here every day. But
I am prepared to stay here every day if that's
4596
what will be required to get this budget
passed.
Let me also say that, as Senator
Sabini said, people all over this state are
paying very close attention to what we're not
doing. We can no longer think that we're
going to be able to slide below the radar and
have people not look at each and every one of
us and say to each and every one of us: You
have a major responsibility, and one of your
major responsibilities, Senator So-and-so,
Assemblyman So-and-so, Governor we know who he
is, is to pass a budget. And you're not doing
it.
And instead of sticking together,
working together, trying to find a way to work
out your differences, your disagreements, and
do something for the taxpayers, for the
residents of the State of New York, we're
going to put that off for six weeks.
Well, I'm frustrated. Like Senator
Parker, I'm embarrassed. And I can't in good
conscience, even though I don't want to have
the operation of state government grind to a
halt, I don't want to see that happen -- but
4597
in good conscience, I can't vote for a
six-week extender when we have a possibility
to pass this budget and work together to get
it done.
So, Mr. President, on this piece of
legislation, on this piece of legislation I
will be voting in the negative. Thank you.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill.
My colleagues have said much of
what I intended to say, so I'll be briefer
than some of you expect. No clapping.
It's disingenuous for us to stand
here and make the argument that only the other
house should be guilty of failing to pass the
budget. That's a ridiculous notion. This
house has also failed to move forward for
months and months and months. The argument
that the budget shouldn't be held up around
CFE because CFE is a lawsuit or a policy
debate, as separate from an obligation to pass
the budget, is clearly disingenuous.
One, this house knew we had to deal
4598
with CFE months and months and months ago and
failed to choose to do so.
Two, a budget document is a policy
document. Particularly in New York State,
where we haven't had a pure budget document in
decades. We roll all our major programmatic
bills into our budget each and every year. So
no one should appear to be naive that we would
have a major policy debate within the context
of deciding our budget. This is certainly
nothing new for either house or the Governor
in New York State.
In fact, we are disingenuous
because last week this house passed a major
tax cut bill that would cost the State of
New York up to $2 billion when fully
implemented. Clearly, that was a bill in the
context of a budget and yet wasn't done as
part of the budget.
Today we passed a bill the people
that people may or may not agree with on
health savings accounts that was a
$1.6 billion projected new cost to the State
of New York; clearly should be done in the
context of a budget or after one deals with
4599
the dollars and cents of a budget. And yet
this house went straight forward to pass both
of those bills.
Senator Balboni mentioned in his
comments earlier we passed hundreds of bills.
Well, it's true, we passed hundreds of
one-house bills. And ultimately, the major
legislation that does or doesn't pass in this
Legislature in both houses and is signed by
the Governor are the bills that we roll into
the budget.
So it is disingenuous for us to say
it's the other house's fault. It is the
process we use or fail to use in both houses
of the Legislature.
And I would argue that we've known
this long before this year and long before
June of 2004. And that, in fact, if we had
implemented democratic rule changes in this
house and in the Assembly years ago, we would
never find ourselves in this position.
We should require that no budget
bill should be passed unless it's been on the
desks of members long enough for them to
discuss it. We should ensure that the
4600
Legislature does meet daily to pass the State
Budget in a timely manner. And like several
of my other colleagues, I think it is
outrageous that we plan on doing a six-week
extender and then leaving, leaving everything
out there floating for another six weeks when
we're so late in the process.
We should have standing conference
committees to work together resolving issues
from the first day we come into session in
January, not when we finally get to a point
where we know we have nowhere else to go but
to try to sit down and work things out.
We should have moved forward on
budget reform years ago. We've made partial
progress this year, although it's not clear
that that will be real either. So the
question is will we learn from our mistakes
for next year and the year after that and the
year after that.
And even accepting the argument
that perhaps CFE, back in January, February or
March, didn't have to be done in tandem with
the budget, can one really say at the end of
June 2004, with a July 30th deadline of 2004,
4601
that there is no tie in between what we do
correctly for CFE and for making sure we have
an adequate and fair budget for the State of
New York this year?
The time is way past our making
excuses with each other or blaming the other
house. We should not do a six-week extender.
We should not leave and go wherever it is
everyone thinks they're going. We should stay
in this chamber and negotiate out a budget.
We should invite our colleagues from the
Assembly to join us, sit down, work out these
details, and be as proud as we can when we
finally do go home, of the fact that while we
had a late start, we ended up with a set of
resolutions that are in the best interests of
the State of New York.
So I'll also be voting against this
six-week extender. And I can't believe that
we're arguing about whether or not to do a
six-week budget extender at the end of June.
Thank you, Mr. President. I'll be
voting no.
SENATOR DIAZ: And that was
brief.
4602
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: I'm not going
to repeat what my colleagues have said. I
agree with what they said in regard to the
negative effect this will have on education,
on higher education, on health care, on sales
tax, and many, many -- Medicaid -- many, many
other very, very important items.
Ladies and gentlemen, I don't hold
the Assembly leadership or the Senate
leadership responsible. I hold myself
responsible and I hold my 211 colleagues
responsible for our not having a budget.
It is indicative of the
dysfunctional Legislature that people are
talking about and writing about. It is
indicative of the lack of power that the
individual members of this Legislature have,
whether they are the majority party or the
minority party in the Senate or the Assembly.
When one of my colleagues was
talking about going back to his constituents
and working during the six-week period, what
in the world are we talking about? What does
4603
"working" mean? Outside of distributing
monies to the constituents or different
organizations, what are we going to tell the
constituents?
Do we know what is happening now?
I always get the New York Times, among other
papers, to see what's going on in the State
Legislature. I don't know the day before what
we will be discussing.
Now, I must say that until now,
I've been reading the papers in New York City,
like the Times, the News, the Post, and the
Staten Island Advance. But since I do have a
home in Nassau County, and since my new
distinguished professorship will be in higher
education in Nassau County, I've been reading
Newsday.
And I was shocked in yesterday's
Newsday, which I'm told by my friends and
family in Nassau and Suffolk County is
superior to the New York Times, I saw a lead
editorial, and in this lead editorial, the
editorial writer was basically pulling out his
or her hair. What were they saying in
Newsday? They said that they will now favor
4604
measures that they never, ever favored before
because we are doing such a horrendous,
terrible job in not having a budget on time.
They actually came out for term limits, which
they said they had always opposed. They
actually came out for a constitutional
convention, which they had always opposed in
the past.
The public-opinion-makers in
New York State are really distraught and
upset. But the people who suffer the most,
the people who will be hurt the most are the
working people and the middle-class people of
the state.
By not adopting CFE, by postponing
a budget with this extender for six weeks, we
do not shine in an elegant manner. We look
lousy. I do. You do. We are all responsible
for this. I cannot in any way whatsoever
support this extender.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 67. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4605
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: All I want
to add to the debate is that a lot of what
everybody said has to do with credibility.
And in the beginning of the year, the leader
set a calendar. Both leaders know when the
calendar ends.
We have two choices right now. We
can either stand around and look at each other
for six weeks until Mr. Silver decides that he
wants to discuss the budget and gets off of
what he said from the Day One, namely, we're
not doing anything until CFE is resolved, or
we can extend beyond the CFE deadline and be
at the call of the leaders when the
negotiations are going to start.
To me, it is ridiculous for us not
to extend under those circumstances, rather
than sit and wait and collect per diems for
the next six weeks. Because that's all it
would be, collecting per diems.
So my point is Senator Bruno is
4606
true to his word, true to the calendar, just
as he was true to the handshake budget reform.
Talk about credibility. They shake hands on a
budget reform package, we passed the
legislation, and the Assembly hasn't passed it
yet.
Now, it's a matter of credibility.
We have a calendar; we should stick by it. We
shouldn't stay here collecting per diems. The
minute Silver says it's time to negotiate --
because that's all we're waiting for -- and
it's time to get off the CFE issue and get it
independent, we could be back on a day's
notice. And I think that's the prudent way to
go.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the
affirmative.
Senator Marcellino, to explain his
vote.
SENATOR MARCELLINO: Yes, Mr.
President, briefly.
It was stated several times,
talking about the CFE decision as if it
concerned the entire state, that in some way
4607
that children in the entire state would
benefit from this decision. That simply isn't
the case.
This is a New York City decision.
This is going to put money into New York City
if this decision is adhered to. Only
everybody else will have to pay additional
money, but New York City alone would benefit
from this court decision. No other area.
It was this house, it was this
house that changed the debate by putting forth
a program and a plan that included high-needs
districts throughout the state. It was this
house that did that. We changed the debate.
I mean, that's something that we can't ever
forget. If it wasn't for this house doing
what we did with our proposal and our
legislation, this would be looking at how are
we going to pay -- we'd be looking at -- the
rest of the state would be looking at how
they're going to pay to put extra money in and
their districts would get absolutely nothing
from it.
Let's never forget that when we're
talking about responsibility, when we're
4608
talking about inactivity. I'm very proud of
that change.
I'm going to vote aye on this
extender.
ACTING PRESIDENT MEIER: Senator
Marcellino will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1715 are
Senators Andrews, Breslin, Brown, Dilán,
Duane, Hassell-Thompson, L. Krueger, Lachman,
Onorato, Oppenheimer, Parker, Paterson,
Sabini, A. Smith, M. Smith, and Stavisky.
Also Senator Diaz. Ayes, 42. Nays, 17.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano, why do you rise?
SENATOR SPANO: Mr. President,
can I have unanimous consent to be recorded in
the negative on Calendar Number 1698 and 1551,
please.
ACTING PRESIDENT MEIER: Without
objection, Senator Spano will be recorded in
the negative on Calendars 1698 and 1551.
4609
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we take up Calendar 1716 at
this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1716, by the Senate Committee on Rules, Senate
Print Number 7636, an act relating to powers
of the Commissioner of Health.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR ALESI: I move to accept.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
4610
message is accepted.
The bill is before the house.
SENATOR BROWN: Explanation.
ACTING PRESIDENT MEIER: Senator
Johnson, Senator Brown, I believe, requested
an explanation.
SENATOR JOHNSON: Mr. President,
this bill, among other things, revises the
Medicaid shares between state and localities
to give a little aid to the localities.
It has provisions relating to
refunding and state-supported debts. It
extends the Empire Zone program through
August 1, 2004. It extends the authorization
for the Division of Lottery to operate Quick
Draw through August 1st, Loft Law through
August 1st.
It continues the postponement of
the permanent clothing tax exemption through
September 30th but gives the tax-free week,
August 31st to September 6th. It extends
excess medical malpractice liability insurance
to June 30, 2005. And a lot of other things.
ACTING PRESIDENT MEIER: Read the
last section.
4611
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1716 are
Senators Andrews, Breslin, Brown, Diaz, Dilán,
Duane, Hassell-Thompson, L. Krueger, Kuhl,
Onorato, Oppenheimer, Parker, Paterson,
Sabini, A. Smith, M. Smith, and Stavisky.
Ayes, 42. Nays, 17.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR ALESI: Thank you, Mr.
President. May we take up the
noncontroversial reading of Supplemental
Calendar 58B.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of Supplemental Calendar 58B.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. I'd like permission to be recorded
4612
in the negative, if there's no objections, to
Calendar 1698, Calendar 1551, and Calendar
1321.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on Calendars 1698, 1551, and
1321.
THE SECRETARY: In relation to
Calendar Number 1717, Senator McGee moves to
discharge, from the Committee on Civil Service
and Pensions, Assembly Bill Number 1219 and
substitute it for the identical Senate Bill
Number 618, Third Reading Calendar 1717.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1717, by Member of the Assembly Canestrari,
Assembly Print Number 1219, an act to amend
the Civil Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4613
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1718, by Senator Breslin, Senate Print Number
742, an act authorizing Elizabeth Sebastian,
in the Town of Colonie, to file an
application.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1719, by Senator Volker, Senate Print 1387, an
act to amend the Penal Law, in relation to
assaults.
4614
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1720, by Senator Padavan --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1721, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3930B and substitute it
for the identical Senate Bill Number 1760B,
Third Reading Calendar 1721.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
4615
THE SECRETARY: Calendar Number
1721, by Member of the Assembly Gantt,
Assembly Print Number 3930B, an act to amend
the Insurance Law and the Vehicle and Traffic
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1722, by Senator Farley, Senate Print 2263B,
an act to amend the Banking Law, in relation
to making certain technical and conforming
amendments.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4616
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1723, by Senator Saland, Senate Print 3138A,
an act to amend the Education Law, in relation
to directing the Commissioner of Education.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1724, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6028 and substitute it
for the identical Senate Bill Number 3908,
Third Reading Calendar 1724.
4617
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1724, by Member of the Assembly Schimminger,
Assembly Print Number 6028, an act to amend
the State Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1725, by Senator Hoffmann, Senate Print 4311B,
an act authorizing the Department of
Environmental Conservation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4618
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President.
There will be an immediate meeting
of the Rules Committee in the Senate Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1726, by Senator Hannon, Senate Print 4964A,
an act to amend the Public Health Law, in
relation to access.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4619
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1727, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7443 and substitute it
for the identical Senate Bill Number 5237A,
Third Reading Calendar 1727.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1727, by Member of the Assembly Young,
Assembly Print Number 7443, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
4620
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1728, by the Senate Committee on Rules, Senate
Print 5431A, an act to amend the Civil
Practice Law and Rules and others, in relation
to owners' rights.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect July 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1729, by Senator Golden, Senate Print 5976C,
an act to amend the Executive Law, in relation
to certain crime victim compensation benefits.
ACTING PRESIDENT MEIER: Read the
4621
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1730, by Senator LaValle, Senate Print 6107,
an act to amend Chapter 311 of the Laws of
1920 relating to the assessment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1731, by Senator Seward, Senate Print 6546B,
4622
an act to amend the Insurance Law, in relation
to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1732, by Senator Padavan, Senate Print 6650A,
an act in relation to the participation of
part-time employees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
4623
is passed.
THE SECRETARY: In relation to
Calendar Number 1733, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11193 and substitute it
for the identical Senate Bill Number 6722,
Third Reading Calendar 1733.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1733, by --
SENATOR PARKER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1734, by Senator Padavan, Senate Print 6757,
an act to amend the Labor Law, in relation to
clarifying.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4624
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1735, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10998A and substitute it
for the identical Senate Bill Number 6862A,
Third Reading Calendar 1735.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1735, by the Assembly Committee on Rules,
Assembly Print Number 10998A, an act to amend
the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
4625
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1736, by Senator Little, Senate Print 6977, an
act to amend the Real Property Tax Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1738, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Print Number 9276A and substitute it
for the identical Senate Bill Number 7124A,
Third Reading Calendar 1738.
ACTING PRESIDENT MEIER:
Substitution ordered.
4626
The Secretary will read.
THE SECRETARY: Calendar Number
1738, by Member of the Assembly Nolan,
Assembly Print Number 9276A, an act to amend
the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1739, by Senator Mendez, Senate Print 7157A,
an act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4627
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1740, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Print Number 10278 and substitute it
for the identical Senate Print Number 7204,
Third Reading Calendar 1740.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1740, by Member of the Assembly Abbate,
Assembly Print Number 10278, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4628
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1741, Senator DeFrancisco
moves to discharge, from the Committee on
Finance, Assembly Bill Number 11125 and
substitute it for the identical Senate Bill
Number 7246, Third Reading Calendar 1741.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1741, by the Assembly Committee on Rules,
Assembly Print Number 11125, an act to amend
the Judiciary Law.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. Is there a message of
appropriation at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR ALESI: Move to accept
the message.
4629
ACTING PRESIDENT MEIER: All
those in favor of accepting the message
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1742, by Senator Meier, Senate Print 7307A, an
act to amend the Executive Law, in relation to
enacting the Manufactured Housing Advancement
Act of 2004.
ACTING PRESIDENT MEIER: Read the
4630
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2006.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1743, by Senator Kuhl, Senate Print Number
7330A, an act to authorize the Town of
Southport.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
4631
Calendar Number 1744, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11196 and substitute it
for the identical Senate Bill Number 7354,
Third Reading Calendar 1744.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1744, by the Assembly Committee on Rules,
Assembly Print Number 11196, an act creating a
task force.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1745, by Senator Robach, Senate Print 7378, an
act to amend the Retirement and Social
4632
Security Law, in relation to the
establishment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1748, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Print Number 11449 and substitute it
for the identical Senate Print Number 7470,
Third Reading Calendar 1748.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1748, by the Assembly Committee on Rules,
Assembly Print Number 11449, an act to amend
the Family Court Act and the Civil Practice
4633
Law and Rules.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1749, by Senator Skelos, Senate Print 7483, an
act to amend the Real Property Tax Law, in
relation to zones of assessment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
4634
THE SECRETARY: Calendar Number
1750 by Senator Johnson, Senate Print 7497, an
act to amend the Environmental Conservation
Law, in relation to requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator LaValle recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1751, by Senator Libous, Senate Print 7498, an
act to amend the Environmental Conservation
Law, in relation to compulsory integration.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4635
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1752, by Senator Alesi, Senate Print 7503A, an
act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1753, by Senator Balboni, Senate Print 7520,
an act creating the New York State Veterans
Cemetery Siting Committee.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
4636
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1755, by Senator Leibell, Senate Print 7526,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1756, by the Senate Committee on Rules, Senate
Print Number 75 --
SENATOR ALESI: Lay it aside for
the day.
4637
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Alesi, that completes the
noncontroversial reading of Supplemental
Calendar 58B.
SENATOR ALESI: Mr. President,
can we go to the controversial reading of the
supplemental calendar, please.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: May I have
unanimous consent to be recorded in the
negative on Calendar Number 1719, Senate Print
1387.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar Number
1719.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
I request unanimous consent to be recorded in
the negative on Calendar Number 1716, Senate
7636.
ACTING PRESIDENT MEIER: Without
objection, Senator Lachman will be recorded in
4638
the negative on Calendar 1716.
Senator Saland.
SENATOR SALAND: Thank you, Mr.
President. I request unanimous consent to be
recorded in the negative on Calendar Number
1698, Senate 7536.
ACTING PRESIDENT MEIER: Without
objection, Senator Saland will be recorded in
the negative on Calendar Number 1698.
Senator Duane.
SENATOR DUANE: If I may have
unanimous consent to be recorded in the
negative on Calendar Numbers 1733 --
ACTING PRESIDENT MEIER: Calendar
1733 was laid aside, Senator.
SENATOR DUANE: Did we do 1750?
ACTING PRESIDENT MEIER: Yes,
1750 passed, Senator.
SENATOR DUANE: And how did
Senator LaValle vote?
And if I may be recorded in the
negative on Calendar Number 1750.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative on
Calendar Number 1750.
4639
The Secretary will conduct the
controversial reading of the supplemental
calendar.
THE SECRETARY: Calendar Number
1720, by Senator Padavan, Senate Print 1531B,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
Mr. President. Through you, if the sponsor
will yield for just a couple of questions.
ACTING PRESIDENT MEIER: Senator
Padavan, will you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HASSELL-THOMPSON: Thank
you.
Senator Padavan, can you give me an
idea of what this bill's impact in terms of
cost to the City University will be?
SENATOR PADAVAN: My estimation
is there is no cost impact. This is on a one
semester, one course per semester and on an
availability basis, meaning there has to be an
4640
empty seat in that classroom before the
officer would be given the opportunity of a
tuition waiver on that one course during that
semester.
So therefore, I don't see any
additional cost, either for the professor, the
instructor, the space, or any other aspect of
it.
On top of that, this officer must
already be enrolled in a baccalaureate or
master's degree program in the university, so
obviously he's paying tuition elsewhere.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President, through you.
At a time when we're reducing TAP
and increasing tuitions as we did last year,
what do you think about the fact that we are
creating additional stress and adding
additional costs to CUNY? Because CUNY says
that they estimate that this will cost them
somewhere between a half million to $2 million
of its own resources.
SENATOR PADAVAN: Well, first,
4641
you're asking the same question that you asked
previously, and I think I answered it. In my
view, there is no cost.
I just received this memo. It's
dated June 21st. So, like you, I've just
found out what they think.
However, what I think they think is
wrong.
SENATOR HASSELL-THOMPSON: I'll
accept that, Senator Padavan.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Just
one comment on the bill.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: Thank
you, Senator Padavan.
There is no way that I'm ever going
to be against training for police officers or
for any law enforcement group. My only
concern -- and I raise that because it came to
my attention that the assumption by CUNY was
that there was going to be a severe increase
in their resources that would have to be made
4642
available to the tune of a half-million to
$2 million. And my concern is that that's
very much tied to the fact that we're cutting
the support to our CUNY institutions.
You've answered the question to
your knowledge. It will have to be
satisfactory to me. I just want to go on the
record as expressing that as a concern.
Thank you, Senator Padavan.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Stavisky, on the bill.
SENATOR STAVISKY: The City
University has expressed major concerns about
this legislation. They feel that there are
limitations that have been imposed upon the
students. For example, the Governor has
proposed a cut in the TAP award. Last year we
raised tuition substantially for the students.
I understand that it's on an
availability basis. However, the legislation
itself talks about one course. And the course
4643
could conceivably be 15 credits. I know when
I did my student teaching at Queens College I
received -- I think it was 12 credits, even
though it was one course. So that is one
problem with the bill.
Nobody wants to deny police
officers additional benefits. And this is an
additional benefit for the police, for the
NYPD. However, it seems that this ought to be
part of the contract negotiation between the
PBA and the City of New York. That is one
problem that I have with the legislation.
The other problem concerns the fact
that this is limited to CUNY. And if it's
such a great idea, perhaps we ought to include
SUNY and make the program available for the
State Police.
I have misgivings, as I said, about
this legislation, and I would suggest that a
no vote is called for on this bill.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PADAVAN: Mr. President.
ACTING PRESIDENT MEIER: Senator
Padavan.
4644
SENATOR PADAVAN: Senator, I just
voted in the Rules Committee for a bill of
yours that I'd like to discuss with you.
What it does, it establishes a
program fee option in State University
allowing students access to libraries,
computers, a whole host of resources, without
any fee.
Now, you have some logic behind the
bill. I plan to vote for it. But if you're
going to start talking about the wisdom of
allowing police officers, who we wish to be as
well educated as possible -- who are already
enrolled, paying tuition -- to sit in a
classroom in a seat that's not going to be
occupied, and you find that offensive, I don't
understand how you could sponsor this bill.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: On the bill.
On this bill, Mr. President.
I'm just concerned that it's
limited to the police officers. And I would
like it to be -- you know, I agree with
Senator Padavan, and I withdraw my objection.
4645
I will vote for this bill.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Maltese.
SENATOR MALTESE: I ask unanimous
consent to be recorded in the negative on
Calendar 1698.
ACTING PRESIDENT MEIER: Without
objection, Senator Maltese will be recorded in
the negative on Calendar 1698.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President. I would like to have unanimous
consent to vote in the negative on Calendar
Number 1751.
ACTING PRESIDENT MEIER: Without
objection, Senator McGee will be recorded in
4646
the negative on Calendar 1751.
The Secretary will continue to
read, in regular order.
THE SECRETARY: Calendar Number
1733, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11193, an act to amend the Vehicle and
Traffic Law, in relation to the operation of
B-trains.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi, that completes the
controversial reading of the supplemental
calendar.
SENATOR ALESI: Thank you, Mr.
President. May we take up the
4647
noncontroversial reading of the supplemental
active list.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the supplemental active list.
THE SECRETARY: Calendar Number
414, by Member of the Assembly Grannis,
Assembly Print Number 9699 --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
810, by Member of the Assembly Grannis,
Assembly Print Number 10286, an act to amend
the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
4648
is passed.
THE SECRETARY: Calendar Number
833, by the Assembly Committee on Rules,
Assembly Print Number 11003B, an act to amend
the Agriculture and Markets Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR HASSELL-THOMPSON: Please
lay the bill aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1084, by Member of the Assembly Weisenberg,
Assembly Print Number 5084A, an act to amend
the General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT MEIER: The bill
4649
is passed.
THE SECRETARY: Calendar Number
1257, by Senator Libous, Senate Print 6827A,
an act to amend the Public Authorities Law and
the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi, that completes the
noncontroversial reading of the supplemental
active list.
SENATOR ALESI: Thank you, Mr.
President. May we have the controversial
reading of the supplemental active list.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
414, by Member of the Assembly Grannis --
4650
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, Senator Hassell-Thompson has requested
an explanation of Calendar 414.
SENATOR SEWARD: Certainly, Mr.
President.
This legislation, which has already
passed the Assembly, is very simple
legislation. It would exempt HMOs who are
serving only individuals that are enrolled in
public programs -- Medicaid, Child Health
Plus, Family Health Plus, or Medicare Plus
Choice -- from the requirement to also offer
commercial products, which current law
requires them to do.
These are -- this legislation is
designed to allow those HMOs to zero in on
serving the populations that are involved with
these public programs and not require them to
also offer commercial products, which is
outside their area of expertise and also their
area that they wish to serve.
I think it's in the best interests
of those who are taking advantage of these
4651
various public programs to be covered by an
HMO that is exclusively involved with serving
their needs.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you.
If the sponsor would please yield for a
question, Mr. President.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
When I just looked at the bill,
Senator, in my background with Medicaid
managed care and HMOs for public programs, the
original intent, at least as it was applied in
New York City, was to ensure that there
weren't different providers for people in
Medicaid and Family Health Plus than the
general population, because of the concern
that programs that exclusively served people
in mandatory programs might not end up being
as good as the programs serving other people
4652
because there was no ability, so to speak, for
consumers to walk when the programs were a
Medicaid managed-care model.
And so in this case we'd be
actually saying you don't have to be out there
providing to the general public, you're just
going to be an HMO serving people who are in
the Medicaid program or the Child Health Plus
or the Family Health Plus.
Is there any argument against -- is
there any data to address my concern that if
you have certain HMOs only serving, quote,
unquote, poor people that they won't result in
lesser programs or lesser providers than
programs that serve the general public and
people who have the ability to choose
alternative providers for themselves?
SENATOR SEWARD: Well, Mr.
President, I can't cite any particular studies
or surveys other than to say that I would ask
the question conversely, that I see no problem
with an HMO zeroing in specifically and
serving those populations that are enrolled in
these various public programs.
Rather than -- I just don't
4653
understand the public policy that would
require an HMO to get involved in commercial
lines if they are interested in serving a
particular segment of the population.
Now, nothing would prevent an HMO
from doing that. But if a health plan wanted
to zero in on the public programs, this
legislation would allow them to do that.
SENATOR LIZ KRUEGER: Mr.
President, briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I appreciate the sponsor's response.
Again, my experience is -- and it's
the argument of why I support universal
single-payer health care -- is that the more
you subset out specific providers or even
insurance coverage for subuniverses of people,
in the case of this bill with Medicaid, Child
Health Plus, Family Health Plus, you're
talking about subsetting low-income
New Yorkers and their health care from other
New Yorkers and the providers of their health
care.
4654
And I think in general it's a good
public policy to try to steer away from
programs that are, quote, unquote, just
serving the poor versus more broadly based
universal access programs.
And in this case, having one set of
insurance providers or health-care providers
only serving poor New Yorkers through this
program and then another universe of
health-care providers basically, by default,
not serving poor New Yorkers, I think you end
up with a two-tier system over time. And I
don't think that's in the best interests for
anyone.
So while I understand the arguments
for this bill, my gut tells me that we should
not go into a two-tiered system, one set of
HMOs for the poor through government-sponsored
programs and another set of HMOs for people
who have at least some ability to self-select
who their providers are through their own
private insurance or through their employer
insurance, assuming there are options
provided.
I recognize that the options for
4655
most of us in health care insurance and in HMO
coverage keeps shrinking as far as our ability
to make choices. But again, I think that it's
not in the best interests of the people of the
state of New York to encourage HMOs to move
down the road of exclusively providing
programs for the poor and even having separate
facilities where they would serve the poor and
then other facilities where they'd serve the
nonpoor.
So I'll vote against the bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators L. Krueger and Sabini recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4656
833, by the Assembly Committee on Rules,
Assembly Print Number 11003B, an act to amend
the Agriculture and Markets Law.
SENATOR KUHL: Explanation.
ACTING PRESIDENT MEIER: Senator
Fuschillo, an explanation has been requested.
SENATOR FUSCHILLO: Thank you,
Mr. President.
The legislation would establish a
continuing ed certification program for retail
food stores in an effort to improve sanitary
standards in New York by teaching the basics
of food safety and handling. It would require
eight hours over a two-year period of
continuing education, either via the Internet,
via a book, or via a VCR or via a CD.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Senator Fuschillo,
I don't generally ask questions at this time
of hour and particularly this late in the
session. But this bill caught my attention
because of the potential negative impact it
might have on many, I guess, retail food
stores.
4657
You could help me to understand the
definition or I should say the implication of
this bill on what I think of as retail food
stores by telling me what a retail food store
is under the definition of the law currently.
SENATOR FUSCHILLO: Any food
preparation establishment for off premises.
SENATOR KUHL: So a convenience
store that has a machine that sells pizzas
would be a retail food store?
SENATOR FUSCHILLO: Sells pizzas?
SENATOR KUHL: Well, they do
these manufactured pizzas -- heat them up, cut
them up, sell them by the slice. And that may
be the only food product that they sell.
And they now, under your
provisions, would have to have a continuing
education person who has to have eight hours
of credit or a licensed thing by the
Commissioner of Agriculture be present?
SENATOR FUSCHILLO: One person in
the operation would have to have it.
SENATOR KUHL: Well, generally
speaking, these -- I don't think whether you
have these down in your part of the state, but
4658
we have many of them up in our area because we
have a population that is very, very sparse
and, you know, we don't have food stores that
operate 24 hours a day. And so you have many
of these little convenient markets which in
fact sell milk and ice cream and pop and
things of that nature -- bread, the basics.
But at the same time, to try to
make a profit, they produce, if you would,
food for people who might come in at 11
o'clock at night and are hungry and would like
a piece of pizza. So they throw it in a
microwave oven, heat it up, and out it goes as
a piece.
And now, generally speaking, these
stores -- just to help you understand the
dilemma that I'm having here -- most of these
people that are operating these are young
people, students, you know, looking to have
second jobs and they really are not in the
position where they would be able to go to
school and have an eight-hour course
accreditation.
I'm just -- I'm worried about what
you're doing to these jobs under the
4659
implementation of this proposal as I
understand it. That's why I asked the
questions.
Maybe you can help me out to
understand how this doesn't impact those
people and won't have a negative impact on
those operations.
SENATOR FUSCHILLO: Mr.
President, through you, they're not required
to go to school, Senator, and they're not --
SENATOR KUHL: Mr. President, I
can't hear him. I mean, I know he's only
about 35 steps away, but I can't hear him.
ACTING PRESIDENT MEIER: Your
point is well taken, Senator.
Can we have some order in the
chamber, please, so we can complete our
business.
SENATOR FUSCHILLO: Senator,
they're not required to go to school, they're
not required to take any courses. They're
required to have eight hours' food safety
preparation/sanitary conditions training over
a two-year period by either reading a book,
viewing a VCR.
4660
You are an attorney; you have to
take some continuing ed courses. You don't
have to go to school, you don't have to go to
any other place for it, you can view tapes.
It's similar to that. It could be supplied by
the supplier who supplies them their goods and
services, similar to what's happened
throughout the entire state that's required by
the local health department for restaurant
operation, Senator.
But I don't see this having any
negative impact upon any food service
operation. What we're trying to do is promote
a healthy and clean environment to ensure that
the consumer is protected.
And yes, I do, Senator, have those
little restaurant or little establishments
that you have that sell milk, that sell bread
and occasionally sell pizza down in my neck of
the woods.
SENATOR KUHL: Will the Senator
yield to another question?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you continue to yield?
SENATOR FUSCHILLO: Yes, I do,
4661
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Senator, can you
tell me how many cases there have been of food
poisoning or whatever that this particular
provision will solve?
SENATOR FUSCHILLO: Senator, no,
I can't.
And it just doesn't necessarily
pertain to food poisoning, it pertains to
having a clean operation. We have checked
with health departments throughout the state.
This legislation is supported by the Food
Industry Alliance of New York State. It's
legislation and laws that have passed in 28
other states. It's a measure that's designed
to provide a clean environment for the
consumer when they come and buy a product.
SENATOR KUHL: Therein lies part
of my problem, Senator.
Would the Senator yield to another
question?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you continue to yield?
4662
SENATOR FUSCHILLO: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR KUHL: Can you tell me
how this supplements the current laws that
exist? Because as I'm reading your bill,
Senator Fuschillo, particularly on lines 5, 6,
and 7, it talks about the requirement already
of maintaining cleanliness.
So if you're talking about
cleanliness, it seems to me that this is just
another rule or regulation or requirement that
businesses in New York really currently don't
need and will actually lead to, really, their
nonprofitability and nonviability.
That's my problem with the bill.
It's not necessarily with the concept of
having the public protected. But it seems to
me that if you don't have any instances
currently that need to be resolved by the fact
that the places are not kept, that you have
departments of health closing places down,
that there needs to be -- and it's for the
failure of the education of the people there,
or if in fact you have people that are getting
4663
sick as a result of the lack of knowledge of
people who have the oversight of these
facilities, that your piece of legislation
would be fine.
But I'm not getting from you the
responses that kind of lead me to believe
that. And therefore, I'm inclined not to be
supportive. I want to be supportive, Senator.
But, you know, all I hear about from
constituents of mine is that New York
continues to place new mandates on them, that
they can't do business profitably, that things
are unviable and that we ought to be doing
something different.
So I want to help you. I'm just
looking for ways that you can tell me why I
should help you. So if you can explain that
to me, I'll be happy to.
SENATOR FUSCHILLO: Well,
Senator, I'll just go back to my original
statement. I think it's important that we
constantly review the laws of New York State
to make sure that all the health and safety
standards are adhered to, that employees are
well prepared in food preparation, are well
4664
prepared in the heating and the temperature
and the cooling of foods, are well prepared in
the sanitary condition of their establishment.
I'm sure you go into some of these
establishments and they're filthy. And I
think it's important that the employees are
better trained, and that's what this
legislation attempts to do.
SENATOR KUHL: Thank you for your
response, Senator.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
would the sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you yield for a question?
SENATOR FUSCHILLO: Yes, I do.
I'd be happy to.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MORAHAN: Senator, if a
person completes this course or training, who
verifies that they looked at the tape or read
a book or saw a VCR? I mean, how does that
4665
come out with a -- is there a certificate?
SENATOR FUSCHILLO: Yes, there
will be a certificate that they can file with
the Commissioner of Agriculture and Markets.
But upon a renewal -- like a real estate
license, like continuing ed for other licenses
in New York State -- when they get their
renewal, they will be asked to check off have
they met the requirements of eight hours over
the last two years.
SENATOR MORAHAN: And they'll say
yes.
SENATOR FUSCHILLO: They say yes.
SENATOR MORAHAN: Would the
sponsor yield for another question, Mr.
President?
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR FUSCHILLO: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MORAHAN: Aren't these
food service establishments now regulated by a
department of health, either the county or the
state?
4666
SENATOR FUSCHILLO: Yes, they
are.
And that's exactly the problem.
That's why they came to us, Senator,
because --
SENATOR MORAHAN: Who is "they"?
SENATOR FUSCHILLO: That's why
the department came to us and said, working
with the Food Industry Alliance --
ACTING PRESIDENT MEIER: Just
excuse me a minute, Senator Fuschillo.
We have some members who can't hear
the debate. Could we ask you, if you have a
conversation, to take it outside. And we'll
cut the background noise down.
Senator Fuschillo.
SENATOR FUSCHILLO: And that's
why they came to us with the Food Industry
Alliance, because they've been working with
the department, saying, We keep citing these
businesses, we keep citing over and over for
their unsanitary conditions, and we feel
strongly, like the other 28 states throughout
this nation who have adopted laws like this,
that the employees need to be better trained
4667
over a period of time and have continuing
education.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: So if I may
continue, Mr. President, to ask the sponsor to
yield.
ACTING PRESIDENT MEIER: Senator
Fuschillo?
SENATOR FUSCHILLO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MORAHAN: So we're saying
now that these establishments who may violate
the law over and over and get fined and get
closed and get shut down temporarily or
whatever, we're now, with this law, saying
that their employees, over a period of two
years, have to read a book or look at a VCR
tape, these same people or these same
establishments would now be responsive to that
requirement?
SENATOR FUSCHILLO: One employee,
yes.
4668
SENATOR MORAHAN: And this is
approved by the Department of Health of the
State of New York?
SENATOR FUSCHILLO: Agriculture
and Markets.
SENATOR MORAHAN: How about the
Department of Health?
SENATOR FUSCHILLO: In
conjunction with them. But it's the local
health department that regulates these
establishments.
SENATOR MORAHAN: May I continue,
Mr. President?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you continue to yield?
SENATOR FUSCHILLO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MORAHAN: So the
enforcement now would be by the local county
health department?
SENATOR FUSCHILLO: It is right
now. But this is strictly for a food
processing license, Senator.
4669
SENATOR MORAHAN: So this is a
new license?
SENATOR FUSCHILLO: No, it's a
current -- there are establishments that have
food processing licenses that this would now
be applicable to.
SENATOR MORAHAN: Okay. May I
continue, Mr. President?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you continue to yield?
SENATOR FUSCHILLO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MORAHAN: Not to prolong
the debate, but you're saying now that these
establishments are now licensed.
SENATOR FUSCHILLO: Yes, Senator,
I am.
SENATOR MORAHAN: Okay. And I
assume that that license has certain
requirements.
SENATOR FUSCHILLO: Under the
Agriculture and Markets Law.
SENATOR MORAHAN: And now this
4670
would be an added requirement besides what's
already required to be licensed?
SENATOR FUSCHILLO: Yes.
SENATOR MORAHAN: Thank you, Mr.
President.
Thank the sponsor for his
responses.
ACTING PRESIDENT MEIER: Senator
Sabini.
SENATOR SABINI: Mr. President,
would the sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
Fuschillo, do you yield?
SENATOR FUSCHILLO: Yes, I'd be
happy to, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SABINI: Mr. President,
respecting that the Consumer Affairs chair has
got a great record in protecting New Yorkers,
we debated, I believe, a version of this bill
in committee. And I see it's a B print. And
I just wanted to know at the time we had this
bill in Consumer Affairs, there was a
requirement that the person who had completed
4671
the training -- someone who completed that
training had to be on duty at all times.
And the reason for my concern
was -- and it's similar to Senator Kuhl's
concern -- my district is populated with lots
of small convenience stores, many of them
known as bodegas. They serve a purpose of
selling people things that they need, very
often things like milk, disposable diapers.
And they might, as a convenience, keep a
cooked ham, cheese, a few other items. And
that the person -- the requirement would be
that that bodega would have someone on duty at
all times who would fulfill this requirement.
And I thought that was a little
onerous at the time. I see it's a B print.
Is that still in the bill?
SENATOR FUSCHILLO: That was one
of the questions, Senator.
SENATOR SABINI: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect one year after it shall
4672
have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: I'm going
to vote against this, not because I don't want
clean food establishments, but the Department
of Health already regulates these
establishments.
Secondly, Senator Morahan pointed
out in his questioning if you're going to have
a filthy restaurant, you're certainly not
going to be too concerned about lying about a
certification that you read a book.
And lastly, if the person who took
this extra training doesn't have to be at the
restaurant when the food is being served, I'm
not quite sure what it accomplishes other than
another mandate on business. And I vote no.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the negative.
THE SECRETARY: Those recorded in
the negative on Calendar Number 833 are
4673
Senators Alesi, Breslin, Brown, DeFrancisco,
Kuhl, Larkin, Libous, Little, McGee, Meier,
Morahan, Onorato, Rath, Robach, Saland,
Seward, A. Smith, Spano, Stachowski, Volker,
and Wright. Ayes, 38. Nays, 21.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Little, why do you rise?
SENATOR LITTLE: Thank you, Mr.
President. If I could have unanimous consent
to be recorded in the negative on Calendar
Number 1084, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Little will be recorded in
the negative on Calendar 1084.
Senator Liz Krueger.
SENATOR LIZ KRUEGER: Thank you.
If I could have unanimous consent to be
recorded in the negative on Calendar 1257.
ACTING PRESIDENT MEIER: Without
objection, Senator Liz Krueger will be
recorded in the negative on 1257.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we return to the main
4674
Calendar 58, Calendar Number 1241, Senator
Trunzo's bill.
ACTING PRESIDENT MEIER: Could we
have some order in the chamber, please.
The Secretary will read.
THE SECRETARY: Calendar Number
1241, by Senator Trunzo, Senate Print 1371A,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Leibell.
SENATOR LEIBELL: Thank you, Mr.
President. Without objection, can I be
recorded in the negative on Calendar Number
833.
4675
ACTING PRESIDENT MEIER: Without
objection, Senator Leibell will be recorded in
the negative on Calendar 833.
Senator Johnson.
SENATOR JOHNSON: Mr. President,
I voted negative on 833, but I wasn't
recognized, apparently, by the chair. I'd
like to put that down as a negative vote for
me.
ACTING PRESIDENT MEIER: Without
objection, Senator Johnson will be recorded in
the negative on Calendar 833.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President. Without objection, I request to be
recorded in the negative on Calendar 1084.
ACTING PRESIDENT MEIER: Without
objection, Senator Wright will be recorded in
the negative on Calendar 1084.
Senator Leibell.
SENATOR LEIBELL: Mr. President,
without objection, I request unanimous consent
to be recorded in the negative on 1698.
ACTING PRESIDENT MEIER: Without
objection, Senator Leibell will be recorded in
4676
the negative on Calendar 1698.
Senator Seward.
SENATOR SEWARD: I would like
unanimous consent to be recorded in the
negative on Calendar Number 1084.
ACTING PRESIDENT MEIER: Without
objection, Senator Seward will be recorded in
the negative on Calendar 1084.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Is there any housekeeping?
ACTING PRESIDENT MEIER: Yes, we
have a motion.
Senator Wright.
SENATOR WRIGHT: Thank you, Mr.
President. On behalf of Senator Robach, I
wish to call up Senate Print Number 5446C,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
520, by Senator Robach, Senate Print 5446C, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Senator
4677
Wright.
SENATOR WRIGHT: Mr. President, I
now move to reconsider the vote by which this
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is restored to the order of third reading.
Senator Wright.
SENATOR WRIGHT: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 9045B and
substitute it for the identical bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
520, by the Assembly Committee on Rules,
Assembly Print Number 9045B, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Senator
Wright.
4678
SENATOR WRIGHT: The Senate bill
on first passage was voted unanimously. I now
move that the substituted Assembly bill have
its third reading at this time.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Are there any substitutions at the
desk?
ACTING PRESIDENT MEIER: Yes,
there are.
The Secretary will read the
substitutions.
THE SECRETARY: On page 28,
Senator LaValle moves to discharge, from the
Committee on Rules, Assembly Print Number
4679
7143A and substitute it for the identical
Senate Bill Number 289A, Third Reading
Calendar 922.
On page 32, Senator LaValle moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10340A and substitute it
for the identical Senate Bill Number 6657A,
Third Reading Calendar 1016.
On page 36, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10400A and substitute it
for the identical Senate Bill Number 6796A,
Third Reading Calendar 1106.
On page 38, Senator Rath moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8553A and substitute it
for the identical Senate Bill Number 4505B,
Third Reading Calendar 1174.
On page 39, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 4274B and substitute it
for the identical Senate Bill Number 4148A,
Third Reading Calendar 1193.
On page 41, Senator Flanagan moves
to discharge, from the Committee on Finance,
4680
Assembly Bill Number 2645B and substitute it
for the identical Senate Bill Number 7066A,
Third Reading Calendar 1233.
And on page 51, Senator Volker
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10803B and
substitute it for the identical Senate Bill
Number 7208A, Third Reading Calendar 1556.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Seward.
SENATOR SEWARD: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar 1698.
ACTING PRESIDENT MEIER: Without
objection, Senator Seward will be recorded in
the negative on Calendar 1698.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Can we return to reports of
standing committees and take up the reading of
the Rules report, please.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
4681
Senator Maziarz.
SENATOR MAZIARZ: Yes, thank you
Mr. President. I'd like unanimous consent to
be recorded in the negative on Calendar Number
833, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Maziarz will be recorded in
the negative on Calendar 833.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1804, by Senator
Stavisky, an act to amend the Education Law;
7531, by Senator Golden, an act to
amend the Retirement and Social Security Law;
7537, by Senator Volker, an act to
amend Chapter 367 of the Laws of 1999;
7538, by the Senate Committee on
Rules, an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law;
7539, by Senator Little, concurrent
resolution of the Senate and Assembly;
7544, by Senator Hannon, an act to
amend the Public Health Law;
7545, by Senator Fuschillo, an act
4682
authorizing the assessor of the County of
Nassau;
7557, by Senator LaValle, an act to
amend the Education Law;
7558, by Senator Little, an act to
amend the Local Finance Law;
7559, by Senator Little, an act to
amend the Public Officers Law;
7560, by Senator Little, an act to
amend the Town Law;
7561, by Senator Balboni, an act to
amend the Tax Law;
7564, by Senator Fuschillo, an act
to amend the Vehicle and Traffic Law;
7565, by Senator Farley, an act to
amend the Banking Law;
7577, by the Senate Committee on
Rules, an act to amend the Executive Law;
7583, by Senator Spano, an act
authorizing and conferring jurisdiction;
7584, by Senator Nozzolio, an act
to reopen Plan 384D;
7587, by Senator Hannon, an act to
amend the Public Health Law;
7588, by Senator Fuschillo, an act
4683
to amend the General Business Law;
7589, by Senator Fuschillo, an act
to amend the Education Law;
7590, by Senator Maziarz, an act to
amend the Highway Law;
7591, by Senator Spano, an act to
amend the Criminal Procedure Law;
7595, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
7597, by Senator Balboni, an act to
amend the Real Property Law;
7598, by Senator Skelos, an act to
amend the Criminal Procedure Law;
7599, by Senator Padavan, an act to
amend the Vehicle and Traffic Law;
7601, by Senator Wright, an act to
amend the Public Authorities Law;
7602, by Senator Saland, an act to
amend the Education Law;
7608, by the Senate Committee on
Rules, an act to amend the Tax Law;
7611, by Senator Robach, an act to
create a task force;
7616, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
4684
7619, by the Senate Committee on
Rules, an act to amend the General Municipal
Law;
7620, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
7621, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
And Senate Print 7624, by Senator
DeFrancisco, an act to amend the General
Business Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Move to accept
the report of the Rules Committee, Mr.
President.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
4685
report of the Rules Committee is accepted.
SENATOR SKELOS: Mr. President,
I'd like to reconsider the vote by which
Calendar Number 833 passed the Senate.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
833, by the Assembly Committee on Rules,
Assembly Print Number 11003B, an act to amend
the Agriculture and Markets Law.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Lay the bill
aside.
ACTING PRESIDENT MEIER: The bill
is laid aside.
Senator Skelos.
SENATOR SKELOS: Mr. President,
can we take up Supplemental Calendar Number
58C, noncontroversial.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
4686
reading of Supplemental Calendar 58C.
THE SECRETARY: Calendar Number
1757, by Senator Stavisky, Senate Print 1804,
an act to amend the Education Law, in relation
to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1758, by Senator Golden, Senate Print 7531, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4687
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1759, by Senator Volker, Senate Print 7537, an
act to amend Chapter 367 of the Laws of 1999.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1760, by the Senate Committee on Rules, Senate
Print Number 7538, an act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4688
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1761, by Senator Little, Senate Print 7539,
Concurrent Resolution of the Senate and
Assembly proposing an amendment to Section 2
of Article 14 of the Constitution.
ACTING PRESIDENT MEIER: On the
resolution, call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The
resolution is adopted.
THE SECRETARY: Calendar Number
1762, by Senator Hannon, Senate Print 7544, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4689
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1763, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9322 and substitute it
for the identical Senate Bill Number 7545,
Third Reading Calendar 1763.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1763, by Member of the Assembly McDonough,
Assembly Print Number 9322, an act authorizing
the assessor of the County of Nassau.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4690
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1764, by Senator LaValle, Senate Print 7557,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1768, by Senator Balboni, Senate Print 7561,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
4691
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1769, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9542B and substitute it
for the identical Senate Bill Number 7564,
Third Reading Calendar 1769.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1769, by Member of the Assembly Weisenberg,
Assembly Print Number 9542B, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
4692
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1770, by Senator Farley, Senate Print 7565, an
act to amend the Banking Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1771, by the Senate Committee on Rules, Senate
Print Number 7577, an act to amend the
Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4693
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1772, by Senator Spano, Senate Print 7583, an
act authorizing and conferring jurisdiction.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the same date as a
chapter of the Laws of 2004.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1774, by Senator Hannon, Senate Print 7587, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Read the
4694
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1775, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11256A and substitute it
for the identical Senate Bill Number 7588,
Third Reading Calendar 1775.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1775, by the Assembly Committee on Rules,
Assembly Print Number 11256A, an act to amend
the General Business Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4695
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1776, by Senator Fuschillo, Senate Print 7589,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect on the first of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1777, by Senator Maziarz, Senate Print 7590,
an act to amend the Highway Law, in relation
4696
to the designation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1778, by Senator Saland, Senate Print 7591, an
act to amend the Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4697
1779, by Senator Marcellino, Senate Print
7595, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1780, by Senator Balboni, Senate Print 7597,
an act to amend the Real Property Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
4698
2. Senators Leibell and Saland recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1781, by Senator Skelos --
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1782, by Senator Padavan, Senate Print 7599,
an act to amend the Vehicle and Traffic Law
and the Administrative Code of the City of
New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Balboni and Duane recorded in the
negative.
4699
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1783, by Senator Wright --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1784, by Senator Saland --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
noncontroversial reading of the supplemental
calendar.
SENATOR SKELOS: Thank you, Mr.
President.
Is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: There is
no housekeeping at the desk, Senator.
SENATOR SKELOS: Mr. President,
there being no further business to come before
4700
the Senate, I move we stand adjourned until
10:00 a.m., Tuesday, June 22nd.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
10:00 a.m., Tuesday, June 22, 2004. That's
this year.
(Whereupon, at 9:45 p.m., the
Senate adjourned.)