Regular Session - June 22, 2004
4701
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 22, 2004
10:03 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
4702
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 21, the Senate met pursuant to
adjournment. The Journal of Sunday, June 20,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
4703
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Senator Bruno.
SENATOR BRUNO: Madam President,
forgive the interruption.
We need the Sergeant-at-Arms to
ring the bells, call the members' offices and
get members here to the chamber.
It is four minutes after 10:00, and
we're starting the session at 10:00, and we
have important work to get done today. So we
would appreciate the members getting here and
doing their job.
ACTING PRESIDENT McGEE: The
Sergeant-at-Arms will ring the bells and bring
the members to the chambers.
Motions and resolutions.
Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
I'd like to offer the following.
On page number 47, I offer the following
4704
amendments to Calendar Number 1746, Senate
Print Number 7399A, and ask that said bill
retain its place on the Third Reading
Calendar, on behalf of Senator Marcellino.
In addition, on behalf of Senator
Rath, on page number 48 I offer the following
amendments to Calendar Number 1754, Senate
Print Number 7523, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
SENATOR BONACIC: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Bonacic.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time have the noncontroversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
4705
162, by Senator Wright, Senate Print 4932A, an
act to amend the Energy Law, in relation to
enacting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
288, by Senator Larkin, Senate Print 1966A, an
act to amend the Environmental Conservation
Law, in relation to solid-waste landfills.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
4706
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
289, by Senator Volker, Senate Print 2326D, an
act to amend the Environmental Conservation
Law, in relation to allowing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
333, by Senator Marchi, Senate Print 3299B, an
act to amend the General Municipal Law, in
relation to certain disabilities incurred.
ACTING PRESIDENT McGEE: 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 of July.
4707
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
354, by Member of the Assembly Carrozza,
Assembly Print Number 6927, an act to amend
the Civil Service Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
456, by Senator Little, Senate Print 5869B, an
act to authorize the County of Washington to
discontinue use.
ACTING PRESIDENT McGEE: There is
4708
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
529, by the Assembly Committee on Rules,
Assembly Print Number 9198C, an act to amend
the Tax Law.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
4709
THE SECRETARY: Calendar Number
532, by Senator McGee, Senate Print 6162, an
act to amend the Tax Law, in relation to
authorizing the County of Allegany.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
579, by Senator Marcellino, Senate Print
6116A, an act to authorize the incorporated
Village of Muttontown.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
4710
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
650, by Senator Larkin, Senate Print 6229A, an
act to amend the Real Property Tax Law, in
relation to expedited.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
675, by the Assembly Committee on Rules,
Assembly Print Number 10810A, an act to amend
the Private Housing Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
4711
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
677, by Senator Bonacic, Senate Print 6777A,
an act to amend the Private Housing Finance
Law, in relation to farmworker housing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
782, by Senator Alesi, Senate Print 471A, an
act to amend the Executive Law, in relation to
4712
certain notifications.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
800, by Member of the Assembly P. Rivera,
Assembly Print Number 10237, an act to amend
the Mental Hygiene Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
4713
THE SECRETARY: Calendar Number
821, by Senator Meier, Senate Print 6753, an
act to amend the Domestic Relations Law and
others, in relation to Tax Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 42. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
908, by Senator Padavan, Senate Print 2564D,
an act to amend the Administrative Code of the
City of New York, in relation to
establishment.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
4714
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
913, by Senator Golden, Senate Print 6974, an
act to amend the Administrative Code of the
City of New York, in relation to eligibility.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
918, by Senator Padavan, Senate Print 7163, an
act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
4715
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
978, by Senator Maltese, Senate Print 5885, an
act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
4716
is passed.
THE SECRETARY: Calendar Number
1011, by Senator Bonacic, Senate Print 4444,
an act to amend the Alcoholic Beverage Control
Law, in relation to Class A-I distiller's
license.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1027, by Senator Rath, Senate Print 6640, an
act to amend the Family Court Act, in relation
to placement.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
4717
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1029, by Senator Rath, Senate Print 6713, an
act to amend the Family Court Act and the
Social Services Law --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1033, by Senator Saland, Senate Print 217A, an
act to amend the Town Law, in relation to
authorizing fire district boards.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
4718
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1059, by Senator Maziarz, Senate Print 510C,
an act to amend the Education Law, in relation
to prohibiting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of July.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1102, by the Assembly Committee on Rules,
Assembly Print Number 7854, an act to amend
the Public Health Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
4719
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1162, by Member of the Assembly Gunther,
Assembly Print Number 10165, an act
authorizing the Town of Fallsburg to
discontinue.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1195, by Senator Hannon, Senate Print 6483A,
an act to amend the Public Health Law, in
relation to conforming schedules.
4720
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1208, by Senator Leibell --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1216, by the Assembly Committee on Rules,
Assembly Print Number 11591, an act to amend
the Public Officers Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
4721
is laid aside.
THE SECRETARY: Calendar Number
1250, by Senator Spano, Senate Print 7188A, an
act to amend the Vehicle and Traffic Law, in
relation to local regulation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1270, by Senator Maltese, Senate Print 2936A,
an act to amend the Administrative Code of the
City of New York, in relation to crediting.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4722
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1279, by Senator Golden, Senate Print 4186B,
an act to amend the Administrative Code of the
City of New York, in relation to loans.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1305, by Senator Rath, Senate Print 7000A, an
act to amend the Social Services Law, in
relation to establishing.
ACTING PRESIDENT McGEE: Read the
4723
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1337, by Senator Breslin, Senate Print 5358,
an act authorizing Samaritan Shelters, Inc.,
in the County of Albany.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4724
1344, by Senator Kuhl, Senate Print 6473A, an
act authorizing the City of Corning to convey
certain parklands.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1358, by Senator Rath, Senate Print 7013C, an
act authorizing the Town of Tonawanda, Erie
County.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
4725
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1402, by Senator Flanagan, Senate Print 6950,
an act to amend the Tax Law, in relation to
exempting.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of a
sales tax quarterly period.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1476, by the Assembly Committee on Rules,
Assembly Print Number 10902, an act to amend
the County Law.
ACTING PRESIDENT McGEE: There is
4726
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1497, by Senator Marcellino, Senate Print
7331A, an act to amend Chapter 329 of the Laws
of 1994.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
4727
THE SECRETARY: Calendar Number
1556, by the Assembly Committee on Rules,
Assembly Print Number 10803B, an act to amend
the Criminal Procedure Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1570, by Senator Hannon, Senate Print 595A, an
act to amend the Lien Law, in relation to
requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
4728
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1583, by Senator Johnson, Senate Print 4422A,
an act to amend the Vehicle and Traffic Law,
in relation to Class D driver's licenses.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1607, by Senator Maltese, Senate Print 7459,
an act to amend Chapter 535 of the Laws of
1945.
ACTING PRESIDENT McGEE: Read the
4729
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1632, by Senator Seward, Senate Print 5618D,
an act to amend the Insurance Law, in relation
to the use of credit information.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 170th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1690, by Senator Golden, Senate Print 7500, an
4730
act to amend the Retirement and Social
Security Law, in relation to providing.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1707, by Senator Wright --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1710, by Senator Libous, Senate Print 7613, an
act to amend the Civil Practice Law and Rules
and others, amending the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
4731
THE SECRETARY: Section 32. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1711, by Senator --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1713, by Senator --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1771, by the Senate Committee on Rules, Senate
Print Number 7577, an act to amend the
Executive Law.
ACTING PRESIDENT McGEE: Read the
4732
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes --
SENATOR KUHL: 1771? Can you lay
that bill aside, please.
ACTING PRESIDENT McGEE: Withdraw
the roll call and lay the bill aside.
The bill is laid aside.
THE SECRETARY: Calendar Number
1781, by Senator Skelos, Senate Print 7598, an
act to amend the Criminal Procedure Law.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1783, by Senator --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4733
THE SECRETARY: Calendar Number
1784, by Senator Saland, Senate Print 7602, an
act to amend the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1785, by the Senate Committee on Rules, Senate
Print --
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1786, by Senator Robach, Senate Print 7611, an
act to create a task force to study the
feasibility.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
4734
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar
Number --
ACTING PRESIDENT McGEE: Can we
please have some quiet so the Secretary can
hear any lay-asides.
Thank you very much.
THE SECRETARY: Calendar Number
1787, by Senator Marcellino, Senate Print
7616, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
4735
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1788, by the Senate Committee on Rules, Senate
Print 76 --
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1789, by Senator Marcellino, Senate Print
7620, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect October 1, 2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1790, by Senator Marcellino, Senate Print
4736
7621, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 41.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1791, by Senator DeFrancisco, Senate Print
7624, an act to amend the General Business
Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
4737
is passed.
Senator Bruno, that completes the
noncontroversial reading of the calendar.
SENATOR BRUNO: Madam President,
can we at this time return to motions and
resolutions.
And I believe that there is a
privileged resolution at the desk by Senator
Larkin. I would ask that it be read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 5767,
celebrating the life of Theresa Morahan
Simmons and honoring her memory.
"WHEREAS, It is the custom of this
Legislative Body to mourn the death of
cherished citizens of the State of New York;
today, we mourn the loss of Theresa Morahan
Simmons, who distinguished herself not only in
her profession, but as a caring, compassionate
woman as well, a woman regarded by all she
knew as a very special person; and
"WHEREAS, With deep regret, this
4738
Legislative Body records the passing of
Theresa Morahan Simmons on May 27, 2004, at
age 28, noting the loss, with heartfelt
sympathy, of a devoted wife, daughter, sister,
aunt and niece, and a deeply dedicated
teacher; and
"WHEREAS, Theresa Morahan Simmons
of Highland Mills and formerly of New City,
was born in Suffern, New York, on September 1,
1975, the youngest daughter of State Senator
Thomas P. Morahan and his wife, Helen. The
seventh daughter, she joined the family when
her six sisters ranged in age from 11 to 21
and became the light of their lives, her
father's joy and her mother's best friend; and
"WHEREAS, Theresa Morahan Simmons,
the beloved wife of Steven Simmons, is a 1993
graduate of Clarkstown South High School. She
earned a Bachelor of Science degree from the
State University of New York College at
Oneonta, where she met her husband, and a
Master of Science degree from the Rockland
Teachers' Center Institute of the New York
Institute of Technology; and
"WHEREAS, As a first-grade teacher,
4739
Theresa Morahan Simmons was devoted to and
loved by her students and the faculty at
Richard P. Connor Elementary School in
Suffern, where she taught for seven years; and
"WHEREAS, Theresa Morahan Simmons
was known at the school for her dedication,
creativity and compassion for the the students
she taught, as well as for her leadership and
advocacy in the Ramapo Teachers Association;
and
"WHEREAS, She was always kind and
gentle with her students, helping them to
never be fearful of trying something new or
making a mistake. She planned interesting
things for them, including a trip to a teddy
bear hospital, and invited her whole class to
come to the church for wedding in June 2001,
not quite three years ago; and
"WHEREAS, Theresa Morahan Simmons
had a special bond with the students she
taught and enjoyed producing monthly
performances with her children, including a
fairy tale show, the Pilgrims' story at
Thanksgiving, and her favorite, a Mother's Day
show, during which the first-graders sang
4740
songs and each student, and Theresa, gave
their mother a flower under the arbor; and
"WHEREAS, Theresa Morahan Simmons
shared her life and vitality with all those
she met. She loved to laugh and to make
others laugh. Her husband, Steven Simmons,
and teaching were her loves, equal only to her
family. She was a very special person and
leaves a legacy of inspiration, love and
laughter to all those whose lives she touched;
and
"WHEREAS, Theresa Morahan Simmons
is survived by her loving husband, Steven
Simmons; her parents, Thomas and Helen Morahan
of New City; six sisters and their husbands
with whom she was also a favorite, Margaret
and James Casola, Helen and William Travers,
Maureen and Joseph Pehush, Joan and Joseph
Silvestri, Nancy and Michael Shine, and Eileen
and Charles Barker; her mother and
father-in-law, Thomas and Sandra Simmons;
brothers-in-law Mark and Ryan Simmons; and her
godfather, Andrew Scarpulla; and
"WHEREAS, She is also survived by
several nieces and nephews who would come to
4741
her for advice, for stories, or to play:
Samantha, Matthew and Allison Scarpulla;
Lauren, Emily and Brittany Casola; Katie and
Kerri Travers; Ryan and Kristin Pehush;
Joseph, Casey and Amanda Silvestri; Kelly,
Michael and the late Mary Margaret Shine; and
Thomas and Christopher Barker; and
"WHEREAS, Theresa Morahan Simmons'
life was a portrait of love, commitment and
compassion. She truly made a difference in
this world that will long be remembered by
those she cherished and her spirit will endure
as an inspiration to all who had the honor and
privilege of knowing her; now, therefore, be
it
"RESOLVED, That this Legislative
Body pause in its deliberations to pay tribute
to the memory of Theresa Morahan Simmons, to
celebrate her life, and to honor her loving
accomplishments; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Theresa Morahan Simmons' husband, Steven
Simmons, and to her parents, the Honorable
Thomas P. and Helen Morahan, with the deepest
4742
condolences of this Legislative Body."
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you, Madam
President, colleagues, Senator Morahan, Helen,
all the sisters of Theresa that are here,
Steve, Theresa's husband, faculty members,
students, grandchildren -- 17 of them here.
Helen and Tom can be very, very proud that
they have a very beautiful family.
And today, Madam President, is the
closing day, formally, of the Senate, and
we're pausing in our deliberations on this
very, very important day to honor the memory
of a loved one of a Senate family member.
And Senator Larkin represents Steve
and has represented Theresa and is the sponsor
of this resolution, and he will have some
words that will follow mine as a
representative here of our Majority. And I
know Senator Dave Paterson will have remarks,
as he represents the Minority here in this
chamber. And then we'll hear from Senator
Morahan, Theresa's dad.
It's hard to express in words. We
4743
heard the resolution which described a young
life, 28 years on this earth, the youngest of
seven ladies, six of them here. And Theresa
was taken suddenly, tragically, just
unexpectedly. And it's hard to comprehend the
trauma and the hurt of the family. Words
don't create comfort, not for Tom, not for
Helen, not for her siblings, not for anyone
that knew Theresa.
But you have to take comfort in her
28 years, in that, as we heard, teacher,
highly respected by the young lives -- think
about the hundreds, thousands of young lives
that she touched where she was able to provide
an inspiration; the faculty members that were
her friends, that carry on her good work; her
sisters; her mom; her husband, Steve; Tom --
Tom, you can only just remember how proud
Theresa was that you're her dad, leader in the
Legislature, leader in your community, leader
in the Senate, how proud she was of you, her
mom, her family, her husband, all of the good
things that she did.
So while you mourn -- and you can't
help but mourn such a tragic loss, such a
4744
young, vivacious, dynamic life -- life goes
on, and Theresa has left a legacy. She has a
legacy that goes on.
And when you think about all of
those happy moments growing up, and you think
about all of the good things that will be
represented by the people who go on with their
lives whose lives she touched, with her
parents, sisters, young people whose lives she
touched, her friends -- she'll live on. Her
spirit lives on. She lives on as an
inspiration. And that's something that you'll
always remember, always, that she made a
contribution.
And I believe at the service
something was said that life is not -- and I
translate very loosely -- measured by the
numbers of breaths that we take but by the
moments that take your breath away.
Theresa had a lot of moments that
were inspirational, that made a difference in
people's lives. And those are the times that
I know you and Helen and the family and
friends and students will always remember.
So we express our condolences to
4745
you, and we honor Theresa's memory here today.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Thank you, Madam
President.
Tom, Helen, Theresa's sisters,
Steve, the young ones -- the young ones are
here to look and say, this was a special,
special person. This was a person that they
looked to. This was a person that energized
them.
When I first heard about Theresa's
passing, I was in Highland Mills and I talked
to neighbors and they said: It can't be, it's
impossible.
She was someone that people went
to. Whether it was the community, whether it
was seniors and the youngsters, they wanted to
grab her time, because they knew she possessed
that special quality.
Last week a friend of Tom's and
mine said to me, "You know what? I've been
reading the obituaries lately, Lark, and
they've been taking men, men, men. I guess
the good Lord looked around and said, I need a
4746
peacemaker, I need someone loving, caring,
someone who can extend themselves beyond the
normal arguments of the day, and I need
Theresa."
We weren't ready. Nobody was when
that moment came. But as the Majority Leader
said, when you talk about the moments and the
breaths that she had here, you could never
deny that she didn't make a positive image on
everybody she met. Very clearly, we had a
28-year-old angel in our midst and was gone
within a short breadth of time. We had
somebody who related to everybody and wanted
to be a partner with them.
One of the teachers that lives in
Cornwall, where I do, and taught with her said
when she used to take the young children and
talk about special dates like Thanksgiving and
Mother's Day, when she would get the flowers
out, she really made an impression. That's an
impression that those children will carry
forever.
But just think, Tom and Helen, you
were the block of granite that raised seven
beautiful children. Unfortunately, one has
4747
gone ahead. But that one will be looking at
us and you every day, asking you "don't forget
me."
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I can't
remember feeling greater anxiety or
restlessness speaking on this floor than I do
right now. And I was told once that when
you're actually feeling that way, the best
thing to do is to share it with the audience
and maybe they will understand.
The only thing I can think of as
I'm sitting here is the fact that when I was
11 years old, I was told by my parents that my
brother had been in a car accident and was in
a coma and was not expected to live.
Strangely enough, he did live. And years
later, a policeman was given an award for
crossing the county line to save his life.
And about twenty years later, I was
talking about the incident with the rest of
the family; no one could remember the
policeman's name, no one could remember the
year that the incident occurred, nobody could
4748
remember the day of the week that the incident
occurred. I think I did because I thought
that my brother had already passed on and that
no one wanted to tell me yet.
You can forget things when they're
near-tragedies, but we're amidst a family
today who will never forget the day, the year,
the time. And so to the Morahan family, the
family of Theresa Morahan Simmons, to our
beloved colleague Senator Tom Morahan, all of
us very much feel the restlessness, the pain,
the anxiety, the hurt that all of you feel.
And the interesting thing is that I
never met Theresa Morahan Simmons. I know her
father, and that's the best I can know her,
through him. He has always been a very kind
man. I have an interesting connection with
him. He once worked for my father, who was
Secretary of State of New York when the
Senator worked there some years ago.
When he came here, he always been,
although he came here 13 years after me, kind
of an inspiration to me, fighting through his
own struggles and his own health crises, and
has given me some very good advice on many
4749
occasions.
And so all I can think of is that
famous poem by John Donne, "Death Be Not
Proud." This is a day that although we try to
understand what went on, we really can't. We
give in to our heartfelt feelings and
emotions. We can't really explain to
ourselves why such a young, wonderful and
dynamic person is taken away from us, why a
tremendous first-grade teacher's students have
to sit here trying to understand why they miss
their teacher, who is up in heaven.
We try to rationalize life and
really can't. And maybe that's a lesson that
life is teaching us, that it really isn't in
our purview to know that at this time, that
maybe someday we'll understand and maybe
someday those who love Theresa so much will be
reunited with her and those of us who never
met her will get the true spirit of her
meaning that we see reflected in her family
here today.
We take that message with us as we
try to go through the rest of the events of
today, which seem meaningless and almost inane
4750
after losing so tragically a life that we did.
But we go forward in that hope, in many ways,
that hope will triumph over this experience,
that our dreams will mean more than the
reality of this terrible situation, and that
our love will be stronger than death.
It's in that hope that we remember
the terrible attack on our country in 2001 and
all the people who lost their lives then, many
of them running into a building as it was
falling down. And we wonder why they did it.
And it makes me think of an essay
written in the 17th century by the great
Christian writer Abelard, who said that at
times of human crisis we all recognize the
oneness of our spirit, how we all really are a
family.
And in the Christian religion,
we're taught to love our neighbors as we would
love ourselves. And yet at those moments that
are so tragic and so painful that it's beyond
description, we recognize that we're really
just one family, that we are here today in
heartfelt, mournful, lugubrious feeling over
someone that many of us never met. But
4751
through the people that we see here today,
through the people like Senator Morahan we do
know, we feel the experience as if it happened
to us or a member of our families.
And so perhaps we'll take that
Christian revelation written by Abelard in the
17th century and give it new meaning in a new
millennium as we mourn Theresa and know that
we should love our neighbors because they are
ourselves.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
I rise on behalf of Steven,
Theresa's husband; Helen, her mother; her
sisters and her nieces and nephews who are
here; members of the faculty from the school;
her mother-in-law and father-in-law, Tom and
Sandy Simmons, to say thank you for taking
these few moments to help us grieve in a
special way, in a special place.
I merely want to thank Senator
Bruno for your very compassionate and kind
4752
words; and to Senator Larkin, for introducing
this resolution on behalf of Theresa, his
constituent; and to Senator Paterson, on
behalf of the Minority, for your very
insightful and compassionate words. And they
will be memorable.
This -- you know, Theresa was a
very special child, but she wasn't perfect.
In fact, it was just a little while ago she
played hooky from school to come up here and
be photographed up there with her dad. And
she said, "Dad, you can't show that photograph
to anybody." And I said, "I won't, Theresa.
It will be our little secret."
But she was proud of me, proud of
her sisters . . .
Thank you very much.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
4753
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
we're going to add everyone's name to that
resolution that is here in the Senate. And
thank you.
ACTING PRESIDENT McGEE:
Everybody's name will be added to the
resolution.
SENATOR BRUNO: Can we at this
time stand at ease for a few moments.
ACTING PRESIDENT McGEE: The
Senate will stand at ease for a few moments.
SENATOR BRUNO: Just a few
moments.
(Whereupon, the Senate stood at
ease at 10:47 a.m.)
(Whereupon, the Senate reconvened
at 10:55 a.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Judiciary Committee in the Majority Conference
Room.
4754
ACTING PRESIDENT McGEE:
Immediate meeting of the Judiciary Committee
in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Thank you, Madam
President.
If we could return to motions and
resolutions, I believe are some motions on the
floor to be made at this time.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Yes, Madam
President, thank you.
On behalf of Senator Little, on
page number 16 I offer the following
amendments to Calendar Number 568, Senate
Print Number 5533A, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted, and the
bill will retain its place on Third Reading
Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Kuhl, I wish
to call up Senate Print Number 7421, recalled
4755
from the Assembly, which is now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1559, by Senator Kuhl, Senate Print 7421, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Kuhl, I wish
to call up Senate Print Number 6329, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT McGEE: The
4756
Secretary will read.
THE SECRETARY: Calendar Number
1043, by Senator Kuhl, Senate Print 6329, an
act to amend the Town Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received.
Thank you, Senator Fuschillo.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could go back to the controversial
reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
4757
1029, by Senator Rath, Senate Print 6713, an
act to amend the Family Court Act and the
Social Services Law.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT McGEE: Senator
Rath, an explanation has been requested by
Senator Hassell-Thompson.
SENATOR RATH: Thank you, Madam
President.
This bill was introduced at the
request of the Office of Children and Family
Services. And what the bill basically does is
clarify time frames for filing an Article 10
petition where a child has been removed from
the home temporarily.
And it mandates that a hearing be
held within five court days of the removal,
for court review of the necessity of removal,
in every instance, not just when requested by
the parents. So that if a child is removed, a
hearing has to happen almost immediately.
And it also amends the law to
preclude a court finding that reasonable
efforts were not made where a social service
4758
district uses both the planning, concurrent
planning in its service provisions to a child
and his or her family, with looking for the
solution. If two solutions are going along
together, it does not say that that's
inappropriate; in other words, a permanent
placement or return to their home.
So the bill is an effort by
New York State to come into compliance with
Title 4 requirements of timely resolution of a
permanency proceeding.
And this was part of a larger bill
we had with the Assembly, and the bill was not
going through as a larger bill, so both they
and we have been splitting it into smaller
bills to get some of the important parts
through. And this was important, that a child
is not in limbo for any length of time, but
the hearing happens immediately and the
planning happens immediately.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
through you, Madam President, I would ask if
Senator Rath would entertain a couple of
4759
questions.
Senator, let me preface what I'm
going to say by saying that I certainly am in
support of the bill as I understand it. And
the difficulty sometimes is when we don't have
time to really review, there are some
lingering questions.
SENATOR RATH: Sure.
SENATOR HASSELL-THOMPSON: So
that's just the nature of what I wanted to
ask.
One of which is certainly we want
these determinations to be made expeditiously.
But is there any provision in the bill that
ensures that the -- that parents will in fact
receive any form of legal assistance in
helping to make the determination?
SENATOR RATH: Okay, let me
double-check with counsel.
It's not mandated that they be
given assistance. But if they're eligible,
yes, they will be able to get assistance.
It's not mandated.
SENATOR HASSELL-THOMPSON: Okay.
And that's basically the only question. Let
4760
me just make a couple of comments on the bill.
Madam President, on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR HASSELL-THOMPSON: Thank
you.
Just -- the only concern that I
have is that in an attempt to be expeditious,
sometimes it does not allow parents to be able
to seek and find appropriate legal services to
help them with these kinds of cases. And
that's the only nature of the concern.
It is beneficial on behalf of the
child, and I think that that continues to have
to be the overwhelming reason that we use --
in order to do this as quickly as possible.
One of the worst things that happens to
children is to be removed from the home. And
so if we speed up that process, at least some
determination can in fact be made in such a
manner that it has the least trauma.
I just want to be sure, however,
that parents are still being given an
appropriate amount of time to prepare, in the
event that separation becomes the ultimate
4761
determination in these cases. And that was my
only concern.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 11. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1771.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1771, by the Senate Committee on Rules, Senate
Print Number 7577, an act to amend the
Executive Law.
THE PRESIDENT: Read the last
section.
4762
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Senator Kuhl.
SENATOR KUHL: Yes, Madam
President to explain my vote.
THE PRESIDENT: Call the roll
first, please.
(The Secretary called the roll.)
THE PRESIDENT: Senator Kuhl, to
explain your vote.
SENATOR KUHL: The proposal
before us calls for an extension of existing
law. And while I understand that it's a
tremendous balancing act as to when certain
types of things take effect, I just want to
state for the record that I have received
communications from every municipality in my
Senate district -- the City of Hornell, the
City of Corning, and others -- in which the
executives of those communities are voicing
strong opposition to the adoption of this
legislation.
So based on their particular input,
I feel it necessary to honor their request and
oppose this legislation. So I am going to be
4763
voting no. Please record me in the negative.
THE PRESIDENT: You will be so
recorded as voting in the negative on this
bill.
The Secretary will announce the
results.
Senator Hannon, to explain your
vote first.
SENATOR HANNON: Yes, Madam
President.
I would just say that
municipalities now have options to do what's
contained in this legislation. For us to
mandate this upon them I believe is not the
proper course, and therefore I feel
constrained to vote in the negative on this
bill.
Thank you.
THE PRESIDENT: Senator Rath, to
explain your vote.
SENATOR RATH: Thank you, Madam
President, to explain my vote.
I too will be recorded in the
negative on this vote. And I note in other
parts of our calendars we're doing what we can
4764
to help historic preservation, and we're
adding dollars and incentives -- not only we,
but local governments.
And when it comes to smaller
projects and preservation projects, the
mandates that this bill puts on make it very
difficult for small projects to happen,
whether they be individual homes or whether
they be, say, a grouping of small row houses
that were held by one person.
There needs to be a flexibility
there for the type of material that is used,
and I think that the flexibility is important.
And so I too will be in the negative.
THE PRESIDENT: Both Senator
Hannon and Senator Rath will be recorded as
voting in the negative on this bill.
Would the negatives please raise
their hands.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1771 are
Senators Balboni, Fuschillo, Hannon, Kuhl,
Little, Marcellino, Meier, and Rath. Also
Senator Skelos. Ayes, 41. Nays, 9.
THE PRESIDENT: The bill is
4765
passed.
THE SECRETARY: Calendar Number
1208, by Senator Leibell, Senate Print 2359A,
an act to amend the Real Property Tax Law.
SENATOR HASSELL-THOMPSON:
Explanation, please.
THE PRESIDENT: Senator Leibell,
an explanation has been requested.
SENATOR LEIBELL: Thank you,
Madam President.
This bill amends Section 532 of the
Real Property Tax Law to subject all state
lands in Putnam County to local real property
taxation exclusive of improvements erected
thereon, in the same manner as is currently
done in Rockland County.
During the last several years, the
state has acquired large numbers of acreage in
this county for environmental protection,
parks, watershed protection. Currently, each
year, there has been in the Executive budget
an allotment that has been put in to
compensate the County of Putnam.
This legislation attempts to
permanentize this PILOT into law in the same
4766
manner as lands in neighboring Rockland County
are adjusted for state taxation purposes.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
Madam President.
Thank you, Senator Leibell, for the
explanation.
I just wanted to speak for my
colleagues who also have extensive amounts of
state parkland in their districts. And I
remember an extensive discussion in Local
Government with Senator Bonacic on the amount
of state parkland that's in his district as
well. Even though he's not in my district, I
still speak for all of my colleagues
sometimes.
My only question is why only
Putnam. I think that the implications of this
bill could benefit more than just Putnam
County, and that was what I'd like to just put
on the record.
Thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
4767
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2007.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1216, by the Assembly Committee on Rules,
Assembly Print Number --
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: First, Senator
Duane wanted to be heard for a while now.
SENATOR DUANE: Thank you, Madam
President. If I may have unanimous consent to
be recorded in the negative on Calendar
Numbers 289 and 1011.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on those bills.
Senator Johnson, an explanation has
been requested.
4768
SENATOR JOHNSON: Madam
President, this bill would permit a former
employee of a state agency to return on a
limited basis, contract basis, to render
services to this agency which they only are
capable of performing or performing at a
comparable cost or saving to the state.
And the agencies need these people,
and this bill has been drawn very tightly to
say the Ethics Commission has to approve this
rehire and the Comptroller has to approve this
before it's done. Just to help the agencies
to make use of the expertise which exists in
former employees, and on a limited basis for a
limited time.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would please
yield.
SENATOR JOHNSON: Yes, Madam
President.
SENATOR LIZ KRUEGER: Thank you.
Through you, Madam President.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Is there an
4769
estimate of how many individuals or agencies
would be involved in this type of exemption,
how large a population of workers who had once
worked recently for the State of New York
would be participating in this new model?
SENATOR JOHNSON: Well, I don't
know if I have a number, but I can tell you
the Department of Social Services, the
Department of Environmental Conservation, the
Power Authority, the Office of Real Property
all have been stymied in the past by an
inability to bring back someone who is
familiar with the topic for a certain period
of time.
As you know, right now the Attorney
General can bring back a lawyer who worked on
a certain case and put him back on it because
he's already familiar with it and he can do a
much more effective job for that office.
So, yes, in certain limited cases
the lack of this expertise has created
problems for agencies. We want to eliminate
that problem by bringing back people who can
handle it on -- as I said, for a limited time
for a certain purpose, mostly.
4770
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator Johnson,
do you continue to yield?
SENATOR JOHNSON: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Krueger, with a question.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
Is there a timeline on this -- in
this bill so if I were to get this exemption
it would be forever or for a specific project,
a specific, explicit project with a timeline
attached to that, or open-ended?
SENATOR JOHNSON: Madam President
and Senator Krueger, the Ethics Commission is
very zealous in pursuing violations of the
so-called revolving-door regulation. They are
only going to permit this -- and they are the
ones who have to sign off on this and approve
this, ultimately -- they are only going to
permit it when a case is made very strongly
that this is the most efficacious and
4771
effective and perhaps economic way to resolve
their shortage of personnel for that certain
period or certain occasion.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator Johnson,
do you continue to yield for a question?
SENATOR JOHNSON: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator, with a question.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
Could an ex-employee of the State
of New York have a job or a consulting job
with a company who may or may not do business
or be hoping to do business with the State of
New York but also, at the same time, through
this law, be allowed to come in to consult for
a state agency? Would this exclude that
possibility in your law?
SENATOR JOHNSON: I would say
that that would have to be revealed. They
would know who he is, where he's working or
4772
whether he's retired or whatever. And that
would all be reviewed prior to engaging this
person.
So I think if you don't want to
credit the Ethics Commission with any ethics,
then I think it could happen. But I think
they've got their share of ethics, as everyone
else.
SENATOR LIZ KRUEGER: Thank you.
Madam President, briefly on the
bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
I'm very hesitant to change a law
that I think is working. The Ethics in
Government Act of 1987 was enacted very
specifically for the purpose of limiting
opportunities for abuse by state officials and
employees, and to restore the public's trust
and faith in government at a time when it was
made clear that some in government were
violating the public's trust.
I don't think that the year 2004 is
an ideal year for the State of New York to go
4773
back on its commitment, particularly given
some of the stories and scandals we're
familiar with right now in the news.
There's good public policy in
ensuring that there is not a revolving-door
system in place in New York State, that there
is a strict set of rules in our Ethics
Commission and in our ethics laws to ensure
that we don't open up the risk of people being
involved in corruption. Which in fact was the
history, unfortunately, in this state prior to
the Ethics in Government Act in 1987.
My concern specifically with this
bill is it's way too broad. It doesn't put
specific time limits for ex-employees to be
able to become consultants to state agencies.
It doesn't put explicit rules around for what
purposes, at what time, with what agencies.
It doesn't say explicitly you can't have one
consulting job with a particular company or
corporation or lobbying organization but then
have a second job as a consultant to the State
of New York, perhaps with the agency you
recently were employed with.
It is too broad and expansive. And
4774
I find it troubling that we would actually
attempt to have this open-ended,
non-time-limited opportunity to revisit the
risks of revolving-door provisions.
I understand the problems of
agencies occasionally needing to find a
consultant who previously worked for their
agency where there may be no one else with the
expertise available. But to be honest, I
think it serves the public interest best to
make it a little tougher for agencies, to
reach further to find the next person in line
with the expertise rather than open themselves
to the potential conflict of interest of
rehiring, on a consultant basis, someone who
so recently left government to go to work for
the private sector.
I find it not too realistic to
believe that there are that many situations in
the State of New York where there's only one
possible person out there who could be hired
on a consultant basis for a state agency to
get something done or to provide us the
information we need. We all like to imagine
that we are unique and invaluable and not
4775
replaceable, but I believe that in real life
that is rarely true.
And even though I do appreciate
that Senator Johnson's effort here is to make
it easier for some commissioners in various
state agencies to get the information they
need in the private sector, I think that the
dangers and the risks are greater than the
reward if we go down this road.
So I will vote against this bill,
and I urge my colleagues to consider voting
against this bill also.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1216 are
Senators Duane, Hassell-Thompson, L. Krueger,
Onorato, Paterson, Sabini, and Stavisky.
4776
Ayes, 46. Nays, 7.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1684, by Senator Maziarz, Senate Print 7367A,
an act to amend the Parks, Recreation and
Historic Preservation Law.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept
the message.
THE PRESIDENT: All those in
favor of accepting the message of necessity
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message of
necessity is accepted.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
4777
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1707, by Senator Wright --
SENATOR HASSELL-THOMPSON:
Explanation.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill before us authorizes the
New York State Power Authority to provide
low-cost energy and energy efficiency services
to military installations across New York
State.
This is the same bill we debated a
week ago, with two modifications. One, this
version specifically identifies the various
military installations throughout the state
that would be eligible, and, secondly,
specifically limits the use of this low-cost
energy to United States Department of Defense
4778
activities, as to be distinguished from
housing installations at those same
facilities.
Those were the amendments
negotiated with the Assembly.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield,
please.
THE PRESIDENT: Senator Wright,
will you yield for a question?
SENATOR WRIGHT: I'd be glad to
yield.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
You answered some of the questions
in your presentation of why this bill is
different than the one we discussed a week
ago.
Since we now know the details of
what bases and the nature of the energy,
reduced-price energy on those bases, do we
have an estimate of the cost to the Power
Authority of providing this specific
4779
discounted electricity for Defense Department
purposes at these 11 bases?
SENATOR WRIGHT: Thank you, Madam
President, through you.
No, we do not know the cost. As we
articulated last week in debating this same
bill, that is dependent upon the utilization,
dependent upon the cost of the energy
purchased at the particular time that it is
purchased, none of which is available to us
today.
What we do have is identification
of the bases only. Not their utilization, not
the demand or any of the cost relative to
that, because there has been no granting of
low-cost energy at this point in time, merely
an authorization to the Power Authority to do
so.
SENATOR LIZ KRUEGER: Thank you,
Madam President. Briefly on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Senator Wright, for your
explanation.
4780
I still find myself needing to vote
no on this bill, as I voted no on the previous
version of this bill a week ago.
We don't know how much this will
cost the ratepayers of New York State. We do
know it will cost the ratepayers, because if
the New York State Power Authority is giving a
discount to the Defense Department, they have
to pick up that cost somewhere else.
And in fact, in a final analysis,
if we knew the numbers, one might be able to
make the argument that the economic
development or job retention argument was a
valid one.
But in the absence of the details,
we find ourselves voting for a bill, if we
choose to, that we know will potentially
increase the rates paid by the other consumers
of New York State so that the Department of
Defense can have a reduction in their energy
bills. And as I said a week ago and I think
is just as true today, the fact of the matter
is that the federal government continues to
offer short shrift to the State of New York
when it comes to fair funding.
4781
I suppose ironically, in
relationship to defense, we still find
ourselves in a fight over the fact that
homeland security and antiterrorism funds are
being distributed in a way that if we lived in
Wyoming, I believe we would receive $45 per
person from the federal government, while if
we live in New York City or the rest of the
state of New York, we receive from the federal
government peanuts for our own homeland
security.
So with all due respect to the
Department of Defense and the important role
they play for our country's security and for
our state's security, I don't know that the
ratepayers of New York should be asked to pick
up the tab for the Department of Defense to
save some additional dollars when New York
State is already subsidizing the federal
government at a much higher level than most
other states, including when it comes to
national security and homeland security.
I'll continue to vote no on this
bill. Thank you, Madam President.
THE PRESIDENT: Does any other
4782
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
2. Senators Duane and L. Krueger recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1711, by Senator Hannon, Senate --
SENATOR HASSELL-THOMPSON:
Explanation.
THE PRESIDENT: Senator Hannon,
an explanation has been requested.
SENATOR HANNON: Thank you, Madam
President.
This legislation implements many of
the recommendations of the Senate Task Force
on Medicaid Reform. I'll address the
specifics of the report and the bill in a
second. But I think it was more important to
4783
note that this implements some fundamental
changes in the direction of the program, and
it reflects, I think, some success that we had
here in the Senate -- and I say here in the
Senate collectively, because it was a task
force that embraced both the Majority and the
Minority.
And the success was the fact that
as we went around the state during 2003 and
2004, we engaged with the health-care
providers, the health-care community, the
health-care recipients of this state in
something that turned out to be far broader
than Medicaid, it turned out to be a question
of discussing where the health-care system in
the state is going, what philosophies should
be involved in that progress.
And we were so successful that we
then engaged, I believe, the Governor of this
state, who has formed his own task force.
And the one failure we had is we
were not able to engage the Assembly, which
has been notably silent in regard to changes
in regard to trying to bring the state-funded
government programs into harmony with the
4784
modern trends of health care in this nation.
This bill represents, really,
agreement with the Governor on the provisions
in here as to the directions we will be
taking. And as such, I think it is an
important step.
It would be most useful if we had
the Assembly along with this, because
obviously they're a necessary partner, but
we've not been able to get them to agree on
substance. And that has been, I think, one of
my unfortunate experiences so far.
In regard to the specifics of this,
Senator Meier, Senator Rath, Senator Wright,
Senator Padavan, Senator Little have all had
substantial input in regard to the specific
provisions.
And at some point I'm going to
yield the explanation so I can have Senator
Meier, my cochair of the task force,
participate in the explanation.
But basically what we do is we
address the Family Health Plus program, we
address the long-term care programs of this
state in a number of ways, we address the
4785
nursing home facilities of this state, we
address Medicaid managed care, we address the
preferred drug lists in Medicaid, we establish
disease management programs, and we establish
a prescription drug discount program.
It was interesting, as I opened my
mail yesterday, that I had information from
the NCSL in regard to their March publication.
It was a reprint, and the title said
"Medicaid: Ten fixes that work." And I
noticed that in each of the top five were
things we had addressed: reforming long-term
care, focusing on the people who are the
sickest, emphasizing prevention, reducing
prescription drug costs.
These are the types of things we
have tried to address. Because as we go
forward as a state, we're going to face
ever-increasing pressures in regard to health
care. And we're going to face ever-increasing
pressures on our localities, the counties who
have to fund part of the Medicaid system.
Instead of trying to say we can
cut, because that's not going to work, what we
have to do is make our Medicaid system an
4786
efficient delivery system, not just an
efficient payment and billing system.
And so such things as disease
management, where, instead of paying
efficiently for a multitude of emergency room
visits when someone shows up with asthma, with
coronary heart disease, what we need to do is
make sure that there are interventions before
things become an emergency. To the extent we
heard many times cases -- Coney Island,
Schenectady -- where interventions could
reduce to almost zero the emergency room
visits.
It's that type of change in
philosophy that we have to introduce
throughout the entire system.
Senator Meier, I'm going to yield,
with the permission of the chair, to explain
some more about the bill, especially the
provisions in regard to Family Health Plus.
THE PRESIDENT: Senator Meier.
Excuse me. Senator Skelos first.
SENATOR SKELOS: Madam President,
if I could just interrupt for a moment, there
will be an immediate meeting of the Rules
4787
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
And I thank my cochair, Senator
Hannon, and the members of the task force.
And also Senator Bruno for the opportunity to
really address, in depth, this program.
Reforming Medicaid is, as Mark
Twain used to say about the weather, something
that everybody talks about but nobody ever
does anything about it. This year the Senate,
both sides of this aisle, I think really
resolved that we need to do something about
it.
Medicaid now stands in our state
budget as the second largest line item, just
behind education, growing over the last three
years at an average rate of 10.5 percent a
year, threatening to overtake education, and
threatening really, in the process, to sink
our ability to adequately fund other things.
4788
And at the local level, the county
level, it's growing up at about 13 percent per
year, posing the single largest fiscal
challenge to the City of New York and to the
57 counties outside of it.
So we looked in a very systematic
way, and this bill reflects some important
elements of the report, at ways to reform that
system. And in doing so, we tried to depart
from some of the usual questions and answers
that we had over and over again that really
didn't seem to get us very far.
Family Health Plus has been one of
the largest growth elements in this program.
It has increased, since its full year of
implementation, by some 650 percent. And
within this bill before you today, we propose
to give the counties and the City of New York
real fiscal relief, phasing in, over a period
of two years, a complete state takeover of the
local share. That's some $125 million in
fiscal relief in the first year, growing to
over $250 million in the second year.
We propose to restructure Family
Health Plus in some ways. One of the things
4789
that we propose is to take a look at the menu
of benefits available under Family Health Plus
and to reform them so that they track the menu
of benefits available under the Healthy New
York program.
In addition, we institute an asset
test, just as we would with Medicaid, which is
not presently part of Family Health Plus.
That leaves people with a more than adequate
menu of medical benefits available to them,
the same menu available under Healthy New
York.
If you look at the cohort that
we're dealing with within Family Health Plus,
they tend to be younger people and people in
relatively good health. Their care is
provided for by purchasing a privately
available insurance product that's done by the
counties. The actuarial assumptions that
arise from a complete menu of benefits, which
are not used, drive the cost of those premiums
significantly and contribute to this cost.
So we thought it made more sense to
track the Healthy New York menu of benefits
for the private insurance product. And where
4790
catastrophic or other things occur, there are
ways within the existing system to make sure
those people receive adequate care.
Senator Hannon also talked about
some other features where we try to assist
people to get private capital into financing
their own long-term care, through better
long-term-care insurance, through tax credits,
to encourage that through the development of
other financial instruments to get private
capital into the long-term-care system, such
as the availability of reverse mortgages and
other kinds of financial instruments.
If you look at this, what we have
really tried to do is to look at systemic
reforms in the Medicaid system that move two
groups of people that have been really ignored
in this debate for quite some time: patients,
who many times get care under Medicaid in a
very fragmented and kind of ad hoc way -- and
that's why we look at things like disease
management, for example -- and taxpayers, who
really have been very much ignored in Medicaid
in this state.
There ought to be a way to put some
4791
humane and basic reform into this system that
improves the delivery of health care, gives
people at the patient end better health care,
greater personal satisfaction, and at the same
time gives the taxpayers both quality and a
reasonable and prudent expenditure of their
funds.
Either Senator Hannon and I could
take whatever questions there are.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
thank you, Madam President.
First, let me start by saying
that -- on the bill.
THE PRESIDENT: You may proceed
on the bill.
SENATOR HASSELL-THOMPSON: Thank
you.
Let me first say that it has come
to my attention that this is probably the
first time that a Minority member has ever
been asked to sit on this kind of task force.
And so that I want to begin by commending
Senator Bruno for his inclusion of Senator
4792
Paterson in this very difficult and very
important debate and discussion.
And then let me say that Senator
Paterson and I are both going to vote for this
bill. And I preface it by saying that Senator
Paterson was a participant, so that no one
will jump up and say, Well, he was a part of
it.
Yes, he was a part of it, and in
his participation, the concerns that I will
address were things that he has addressed all
along. So this is not something that comes
after the fact. And that isn't for the
members of the task force, because they know
that. This is for the rest of the audience,
who may not be aware.
Let me begin by saying that I'll
talk about the things in this bill that we are
pleased about. And certainly let me add my
codicil by saying to you, Senator Meier, I
consider you to be one of the most thorough
individuals in these chambers. And so that
there are very few times that I've taken
exception to the things that you say, because
I -- we've debated. And in those debates,
4793
it's more than just -- there is passion,
there's logic and there's research. And so I
appreciate those.
At the same time, however, we need
to continue to talk about the way in which
this bill cancels the state takeover of Family
Health Plus in terms of savings. There is not
the perception of the savings that there
appears to be in the bill. And we would
prefer that the state would cap the local
share of Medicaid. That's a concern. So this
is just for the record.
The other thing that -- the
creation of the disease management
demonstration program, which has the potential
to both reduce costs associated with chronic
and life-threatening medical conditions and
improves the health status, obviously, of all
the people of New York State, is high on our
list of things that we certainly recommend and
are very pleased with.
Some consumer-friendly protections
in the preferred drug program that were
suggested by Senator Paterson that have been
included, we're pleased with those. The
4794
Medicaid waiver that will help to keep people
at home instead of having to send them to more
expensive nursing homes, we're pleased to see
that this is also in the bill.
The concern, though, is that -- we
have some strong opposition to the
implementation of copay for Family Health
Plus. One of the things that tends to
happen -- and when we look at many of the
statistics about the way in which health
issues are dealt with in communities,
culturally we have those issues to deal with.
But when we're talking about how do
we get people to come in early for preventive
care so that the cost to us is much less
expensive, we will be deterring people by
increasing the copay. Copays in and of
themselves don't appear, to those of us who
have resources, to be a great deal. But to
people who have very limited resources, each
time we increase the copay, we are
discouraging people from coming in to receive
the health benefits that they need.
In attending a senior workshop on
the Medicaid bill some weeks ago, part of the
4795
concerns that were raised by seniors was the
fact that the copay was very, very expensive.
Now, I know with the discount cards -- and if
we ever get the federal Medicaid regulations
straightened out, some of that will be
diminished.
But I think that we're doing
ourselves -- and the people that we're trying
to get to come in for early care, the copay is
going to have the opposite impact.
You talked about the kinds of
modifications to the Family Health Plus that
you think are good. We just kind of think we
like it the way it is. And be careful how you
tinker with it. That's just a -- because we
know that it has increased by 650 percent.
But we believe unless you have statistics that
say differently, that that 650 percent
increase speaks to the numbers of people in
this state would do not have any other health
services.
And I would venture to believe that
if we did a strong outreach and a recruitment,
we would almost double that percentage.
Because we still have people, families who are
4796
not receiving the kind of health care that
they need to because they don't know about the
availability of some of these benefits.
And we'd like to see -- this one is
a little bit more technical -- we'd like to
see a specific time frame for those prescribed
drugs to be approved when a person gets a
prescription that may not be on the preferred
list.
Lipitor, which seems to be a very,
very necessary and popular drug for those of
us as we've aged -- all those years of Ben &
Jerry's and some other things have risen our
cholesterol. But it's interesting that those
are not the drugs that are on the preferred
list. And so while people wait for the
approvals, the timeline is too iffy.
Those are some of the more
prevailing things. Other sections of the bill
require prior approval to be granted in
24 hours. We would recommend that this time
frame also be utilized in this instance as
well.
I know that there will be other
members of this conference who will be talking
4797
on this. But I needed to just share with you
some of the ideas and concerns that continue
to be relevant to those of us in this
conference, and to again thank you, on behalf
of Senator Paterson and this conference, for
your inclusion of him, not only in the task
force, but also his ideas and concepts to make
this Medicaid bill better in the state of New
York.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Madam President,
on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR RATH: I will attempt to
be brief.
I think a sense of history has
pervaded this session different than many
other sessions. Senator Marchi, you were here
when -- I'm about to recall something that you
will say, yes, you were. Governor Rockefeller
was the governor, Walter Mahoney was the
majority leader here in the Senate, and my
father-in-law, Ed Rath, was the county
executive of Erie County. He came to Albany
4798
to testify against Medicaid, the passage of
Medicaid. He was opposed to it. He said, "It
is going to bankrupt the counties." Now, Dad
wasn't a wizard in everything, but this one he
had right.
And today we are taking a historic
step in an effort to get it right. Many of us
were in county legislatures through the years.
How many resolutions did we pass on welfare
and Medicaid reform -- how many? How long did
it take the federal government to figure out
that they had to do something about helping us
with welfare reform? No one talks about that
anymore. It's done. It's manageable.
This one is about to become
manageable, after 35 years of trying to tinker
with it, make it better, and trying to help
the counties. We're talking property tax
here, we're talking about serious problems
among the counties. And property taxes are
what help -- if they aren't too high, people
can stay in their homes. And we have an aging
population. We've got to take care of that
situation.
I really applaud my colleagues,
4799
Senator Hannon and Senator Meier, for their
aggressive activity. My role in this was much
like the other five of us who were on the task
force.
My specific area was the
long-term-care area; some of the pieces in the
bill are reflections -- single point of
information. How confusing is it when people
try to find out what they can do, what kind of
help there is available for them, who they
should call? Got to take care of it. It's
different everywhere that people check into.
Getting some dollars back by
reverse mortgages to help pay for
long-term-care insurance. Some of the equity
in their life insurance. Let's get some of
those dollars back into people's hands so they
can pay for long-term-care insurance.
A lot of creative pieces here. We
are going to move through this today. The
Assembly will find a place, I'm sure, in this.
The Governor is in accord with this bill.
It's a momentous, momentous day. We're
starting to turn and go to a more reasonable
way of dealing with the health needs of the
4800
people of the State of New York -- not
transferring it to the property tax, which
can't afford to pay for it.
So thanks to all of you for your
support on this vital measure.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor or the
cosponsor could yield to a question. I'm not
sure which to direct this to.
THE PRESIDENT: Senator Hannon,
will you yield for a question?
SENATOR HANNON: Yes.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Madam President.
This bill is a comprehensive bill
with many different sections. So I read
through it and find myself liking parts of it.
I'm attracted to the concept of expansion of
long-term-care options, nursing facility
transition options.
But then, when we get into some of
the details specifically around preferred drug
4801
lists, as Senator Hassell-Thompson already
addressed, and also in Family Health Plus
eligibility, I have concerns.
So just for some clarifications for
myself, in this bill you're proposing
extending the timeline for someone to become
eligible for Family Health Plus from when they
haven't had coverage for six months to 12
months, so they'd have to wait 12 months
without eligibility for benefits before they
could become eligible for Family Health Plus?
SENATOR HANNON: The idea is to
make sure that we're addressing those people
who cannot get insurance in any other way.
This is the concept used in government
insurance programs of "crowd-out."
There was strong anecdotal evidence
that there were corporations encouraging their
entry-level employees, instead of covering
them for insurance, that they were saying: Go
to Family Health Plus.
So the thought was that you had to
do something to try to move the pickup of
coverage to the proper and appropriate place;
namely, the employer.
4802
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would
continue to yield.
THE PRESIDENT: Senator Hannon,
do you continue to yield?
SENATOR HANNON: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
Well, that goes into my next
question, actually. Also, on page 19, line 3
of this bill, we will do away with eligibility
for Family Health Plus if your employer has
discontinued coverage for employees.
So it seems to me on the one hand
you were saying you wanted to encourage people
to use employer coverage, if it existed, and
discourage employers from directing people to
Family Health Plus, and on the other hand
you're actually saying if you work --
SENATOR HANNON: What page are
you referring to, Senator?
SENATOR LIZ KRUEGER: Page 19,
line 3, I believe. Let me find my page. Yes,
it's -- it was Section 4. You're crossing out
4803
discontinuation of comprehensive health
benefits coverage to all employees of the
applicant's employer.
So my understanding under existing
law is if your employer discontinues health
care benefits, then that is a basis for
becoming eligible for Family Health Plus under
current law. But under your revised bill,
that would no longer be a basis for becoming
eligible for Family Health Plus.
Do you see that line, sir?
SENATOR HANNON: I think that you
have to go to the basic philosophy of what
we're trying to do with Family Health Plus.
We were trying to expand the number of people
in this state who are covered by health
insurance.
We found, as we went around the
state, that there were people dropping their
employees from health insurance. Think of the
result. Companies drop coverage, the state
picks it up, there is no net increase in the
number of residents who have health insurance.
So what we're trying to do is to
say to companies: No, we're not picking up
4804
your insurance, we're not picking up the
obligation you now have.
In a similar fashion, there's other
provisions in here, one of which says that
municipal employees, entry-level municipal
employees, are not eligible for this program.
Because we don't want municipalities
transferring costs to the state.
Transfer of costs, change of risks,
these are all insurance concepts. These are
all things that we feel are necessary to put
in place, not just -- this is not saving
money. Because let me address something else
that Senator Hassell-Thompson addressed, and
she talked about the copays. This, again, is
an art. It's an art in trying to set the
appropriate money.
It's an art because, having gone
through three or four years of discussion in
regard to insurance, we found out that if you
just offer something for nothing, it's not
taken as a valuable item. We've seen the
studies -- federal studies, other states, just
academic studies -- that say when there is a
copay of appropriate size, that people value
4805
the service, they value the test, they value
the screening, they value the mammogram, and
they will participate to a greater percent.
So what we're trying to do here is
to take Family Health Plus and let it meet its
obligations. This is part of the dual part of
the task force, which was -- some of it was
saving money; the other part of it was
introducing the correct philosophies into
these programs.
We have a model in this state that
we think we've tried to use as a good model,
and that's Healthy New York. It proves that
you can have the core health insurance product
to be given, you can get people involved, and
you can do it in an affordable fashion.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would continue to
yield.
THE PRESIDENT: Senator Hannon,
do you continue to yield?
SENATOR HANNON: Yes.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
4806
Well, I find myself in agreement
with your philosophy on this issue, but not in
agreement with how you have put it in the
bill.
I agree we should be encouraging
employers to have health insurance benefits,
discouraging them from going out of programs,
from reducing their package of benefits. And
yet, actually, on this floor several times
this session we've had debates around exactly
that issue, where I found myself disagreeing
with Health Committee bills, Insurance
Committee bills because they were actually
designed such that employers would be likely
to choose to lower their package of
health-care benefits for employees, or even
drop benefits, rather than continue to pay,
because they could get all kinds of tax
credits and deductions without providing the
same level of health insurance they provided
in the past.
So I think you and I agree that our
goal in the state of New York should be to
encourage employers to cover health benefits,
to cover the best health-care coverage
4807
possible for their employees. And yet, again,
with this bill and with this line, I'm not
convinced that making low-income families
ineligible for Family Health Plus because
their employer decided to drop health-care
benefits, that that is going to be a
motivation on employers not to drop
coverage -- but it will be a penalty on
families who will find themselves uninsured
and now ineligible to participate in Family
Health Plus.
I'm not sure that low-wage
workers -- who of course, by definition, are
the people who are eligible for Family Health
Plus -- and their children are powerful enough
to convince the employers of this state:
Don't cut our coverage, because now we can't
come to Family Health Plus.
So I agree with the goal, but I
don't think that putting the penalty on poor
families with children is actually going to
motivate the employers of the state of
New York to do the right thing.
I think the Legislature is in a
better position, through the laws that we
4808
pass, the exemptions we provide or don't
provide, the standards and mandates we
provide, we are in a better position than the
poor working families of this state to have
power over employers' decisions in health
care.
But I still want to get to the next
question --
SENATOR HANNON: If I may
interrupt --
SENATOR LIZ KRUEGER: Certainly.
SENATOR HANNON: As an answer, if
I may, Madam President, what I have to do is
simply differ with you.
What we found out is by such
discouraging as this provision, we will have
employees continue to have their insurance.
No, you're not going to address the state as a
whole; you're addressing individual
communities one by one by one. And that's
where employers have to consider what is the
pool of applicants, what is the pool of
potential workers to come to that company.
They have to look at each of the rival
employers to decide whether or not they can
4809
attract a quality pool to be their employees.
The employees are looking for job
security, level of income, and benefits. And
those decisions are being made, as we found
out, throughout the state.
Now, you know why? Where did I get
this paradigm? I got it from the very fact
that health care is not mandated by anybody.
It's a major ingrained tradition. It's become
bargained for by unions, but if you're not in
a union, you get it as a matter of what the
employer feels they have to offer to get
employees to their company. It all started in
World War II, but that's the model.
Now, there's other people who say
we should put mandates on it. Well, that's a
debate for another day and another time.
But the model is it's a voluntary
system because the employers want to get the
good employees. And that's what's happening,
and that's why we put these provisions in.
Is this too much detail? You
raised the question.
SENATOR LIZ KRUEGER: Thank you.
Madam President, if, through you,
4810
the sponsor would continue to yield.
THE PRESIDENT: Senator Hannon,
do you continue to yield?
SENATOR HANNON: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR LIZ KRUEGER: Thank you.
I so appreciate the sponsor's analysis of this
bill. And he's gotten us into discussions
about the employment rate and the unemployment
rate in subsectors of the economy and the job
market and the competitiveness of the workers
of New York State to bargain with employers.
And you were right, at a macro
level, in some categories of work and in some
specific geographic areas, people actually are
so desperate for workers that they actually
will offer more and more benefits to get them.
Unfortunately, again within the
subuniverse of low wage workers -- because
again, this is not an across the board
insurance program, this is an insurance
program for low-income, low-wage, low-asset
families with children -- statistically in
New York State these are the families with the
4811
least flexibility in the labor market. The
unemployment rate for this subuniverse of
workers is in fact as high as 15 percent.
We're not talking about executives,
who of course have the ability to negotiate.
We're not talking, as you pointed out, about
workers in labor unions, because by and large
they've got benefit packages as part of a
negotiated contract for themselves. We're
talking about the entry-level workers, the
low-wage workers, the low-skill workers, and
the workers in areas of high unemployment
where their ability to mobilize for
alternative jobs is very, very minimal.
I wish we lived in a state and a
country where that wasn't the case, but to
some degree Family Health Plus was designed as
insurance of last resort for a population of
people who don't have other alternatives.
But to jump to my next question,
and it relates back to an earlier statement
you made, also in this bill, on page 19, we do
away with a model that I know has been very
effective in New York City to allow agencies
to assist people to review their eligibility
4812
for different health insurance and to assist
them to enroll.
And so in this bill, turning again
to page 19, we do -- starting on line 45, we
cross out the current law: "Approved
organizations shall be permitted to assist
prospective enrollees in completion of
enrollment forms at approved health-care
providers sites and other approved locations."
Now, while I can understand the
argument that we don't want people to get
Family Health Plus if they have other options
that in fact are valid for them but cost the
state less or nothing, in fact my experience
in the City of New York with this program is
again, given the nature of who this population
is, not providing information and assistance
with complicated application forms results in
people who are eligible not being able to
participate in these programs.
While it would certainly decrease
the enrollment, I don't believe it would
decrease the enrollment with the outcome that
those least in need no longer receive the
benefit, but in fact, most likely, those most
4813
in need would find themselves not being able
to complete a complex application process.
So I would actually suggest an
amendment to this section that one could
expand the language of this to try to ensure
that people are reviewed for their eligibility
not just for Family Health Plus, but for the
entire package of possible health insurance
programs out there, including their rights to
employer-driven health insurance, so that the
State of New York could be helping people
maximize their eligibility for health
insurance, maximize their eligibility for the
programs that might be the least costly to the
State of New York.
For example, people who end up on
Family Health Plus but were Medicaid-eligible,
it's probably less costly in most situations
for those young, at least, children to
participate in the Medicaid program, not the
Family Health Plus program.
So rather than do away with
enrollment assistance, I'd urge that we
explore expanding that model to ensure we're
maximizing people's eligibility for the most
4814
valuable match in health insurance at the
least cost to the State of New York.
I suppose there was a question in
there somewhere. It was a recommendation.
SENATOR HANNON: Well, let me
just respond to that, if I may, Madam
President.
Briefly, there's two things. One
is the facilitated enrollment, the process to
which you really refer, was appropriate when
this was a start-up program. It's no longer
necessary to do that now that it's up and
running. And there's a number of reasons for
that.
The second part is simply this. We
found throughout the state that social service
departments are overwhelmed, that the
facilitated enrollers are delivering a bundle
of applications and it takes two, four, five,
six months for these things to get approved.
Where we need assistance, we feel, is in some
way trying to make the social service
departments more able to handle this.
So I do believe it's an appropriate
provision in the bill. I think there's a good
4815
reason for it. And I think we have further
work to do with social service departments.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator Hannon,
will you continue to yield?
SENATOR HANNON: Yes.
THE PRESIDENT: He will continue
to yield, Senator Krueger. You may proceed
with a question.
SENATOR LIZ KRUEGER: Thank you,
Madam President. We're having such a great
broad discussion around these issues.
I will disagree that because a
program's been in effect for a few years we
don't need facilitated enrollment or
information out there. Because in fact the
universe of people who come in and out of
applications for government benefits of course
are a transitional population. It's new
people every year.
I'll use, for example, the federal
food stamp program, which has been in
existence since the early 1970s. We still
4816
have over a million people eligible but not
participating in that program in New York
State, even though it's a hundred percent paid
for by the federal government. And it would
be a win-win for the state and the people of
New York if all million people who were
eligible and not participating joined.
We find ourselves in the same
situation with SSI. We find ourselves in the
same situation with Medicaid, where people
turn to public hospitals with no health
insurance, not knowing they're eligible for
Medicaid, when in fact it's an advantage to
our hospitals to get reimbursement from the
Medicaid program. I could go on and on about
what I think is the value of facilitated
assistance.
Now, you were right, our social
service agencies are finding themselves
drowning, in some cases, with applications. I
would argue that if we hadn't continued to cut
back on our administrative reimbursement
matches to our localities for operating their
programs, they might not find themselves so
short-staffed in relationship to the demands
4817
being put on them at the front door for health
care, social services, food stamps, domestic
violence, et cetera. I certainly know that
from my own experience in the City of
New York.
But my specific question now is, in
the bill it says that there will be a state
takeover of local Family Health Plus costs,
and yet in the back of the bill is a provision
that lets the state renege on this takeover of
costs if the savings accruing from all other
provisions of this bill are insufficient to
cover the costs of the local pickup.
So this bill is much broader than
Family Health Plus. We've got preferred drug
lists. We've got long-term care. We've got
nursing home transitional. We've got some
models for clinical drug testing. It's a very
omnibus bill. And yet the deal for commitment
by the state to take over the costs for Family
Health Plus, it's not clear that that's a real
offer or real deal, given the insufficient
covers of the costs from the other sections of
the bill.
Has anybody done the fiscal
4818
analysis of this and what the reality of this
might be and where we'd really need to be in
the other savings of the other sections of
this bill to hold this commitment to the
localities if we pass this?
SENATOR HANNON: Let me assure
you, Senator, we have more spreadsheets on
this than one ever could imagine, and they
perform a great tool of putting you to sleep,
besides informing.
But aside from the spreadsheets,
because these are important numbers, you may
have remembered in my opening remarks I may
have been dealing with a subject that you
don't often deal with. I was very frank to
say we don't have an agreement with the
Assembly because they've ignored the type of
philosophical approaches we've tried to do.
Well, part of the provisions at the
end of the bill are to make sure that if
they're going to deal with it, they're going
to probably have to take some things that
would be preempted from the budget.
So the savings that we want, how
it's going to be paid for, et cetera, this is
4819
an organic whole. And if they want to further
negotiate something like that, that's fine.
But as it stands, this works.
SENATOR LIZ KRUEGER: Madam
President, briefly on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
I want to thank Senator Hannon for
his hard work on this bill, and Senator Meier
and the other sponsors.
I understand the goals. I
understand the commitments the State of
New York needs to balance between assuring
that we have access to health care, we have
access to health insurance for New Yorkers,
with the recognition that the costs continue
to grow and we have not been able to get our
arms around that rate of growth.
There are sections of this bill
that I'd be very happy to support. There are
sections of this bill, as Senator
Hassell-Thompson said, that are directly
parallel to the recommendations that Senator
Paterson has made in his own conference
4820
report.
And yet there are so many other
pieces of this bill that perhaps, as Senator
Hannon said, we don't know yet because it's a
one-house bill. But I couldn't be comfortable
voting for those changes without knowing where
this is ultimately going as an agreed-upon
bill.
I'm very uncomfortable, to say the
least, in requiring higher copayments for
low-income families in Family Health Plus.
I'm very disturbed that we're attempting to
limit eligibility on a program that this house
wanted and supported expansion of and creation
of just a few years ago.
Family Health Plus is a great
program. It has been an important program to
expand health insurance for low-income
families and their children. It's a win for
the State of New York. The fact that it costs
money, and perhaps more money than anticipated
by the Senate and the Assembly when the bill
was originally passed a few years ago, is a
reality for us to deal with, but it is not a
justification to hurry pell-mell into now
4821
shifting our priorities, limiting eligibility,
potentially encouraging employers to reduce
their health care benefits to workers without
any assurance that we will have Family Health
Plus there to pick up the people who lose
their benefits in the labor market.
I am very disturbed that we would
be charging copayments of as high as $50 for
low-income families to have to turn to
hospitals, $25 on an emergency room visit.
What does it mean to go to an emergency room
and not have the $25 and risk not being cared
for?
Now, of course, the law is clear:
An emergency room can't turn you down in an
emergency. But the failure of the family to
be able to pay the $25 means the hospital is
picking up the cost. So let's not kid
ourselves, we're transferring costs from
ourselves to our hospitals, very likely the
same hospitals who come to us to say they
don't have the money to continue their
programs.
The same is true on ambulance
services.
4822
So there are so many unknown
answers on the financings in this bill and too
many concerns for me on how it would impact
individuals in various programs to be able to
support the bill, even though I appreciate the
hard work that was brought that this
legislation and the fact that there are
specific sections of this bill that I could be
very, very excited about if they were
freestanding.
I will be voting no.
Thank you, Madam President.
THE PRESIDENT: Senator Little.
SENATOR LITTLE: Thank you, Madam
President. On the bill.
THE PRESIDENT: You may proceed
on the bill, Senator Little.
SENATOR LITTLE: Thank you.
As a representative of six counties
in northeastern New York, all of whom have
experienced high Medicaid increases in their
budgets which have resulted in increases to
the property tax, I stand here very pleased to
see that this bill has come before this
chamber and hope that we will pass this and be
4823
able to get support for it from the Assembly
as well.
If I may, I would just like to
highlight two or three points of this bill.
Having been a member of the Medicaid task
force, we dealt with all of these issues and
how we could possibly still provide quality
health care in New York State and yet contain
the costs of that health care.
The takeover of Family Health Plus
in a two-year cycle is so logical that I don't
know how we could not do it. The counties
have no share of Child Health Plus, they have
no share of Healthy New York, they should not
have any share of Family Health Plus.
Taking this over in the first year
would provide approximately $125 million to
$145 million to the counties, which would help
them reduce their property tax impact to the
people of their counties.
The containment in having Family
Health Plus benefits mirror Healthy New York
will help contain the costs of Family Health
Plus and still provide good health care to the
people who are looking for it.
4824
A second part of it is for the
long-term home health care, being able to help
people have more care at home and addressing
their needs so they do not have to remain in a
nursing home, is very important to the quality
of life for that person as well as to the
cost.
And the third and final thing would
be the income tax credits for long-term health
care insurance. We've all been supportive of
this type of insurance for people who have
assets and means so that if they end up in a
nursing home, the insurance covers it.
However, that insurance has been expensive.
So looking at new products and also
allowing a 20 percent tax credit for this type
of insurance premium is certainly going to be
an incentive for more people to get this type
of insurance and not end up on Medicaid.
Something like 80 to 85 percent of
all the people in nursing homes right now are
on Medicaid. We need to look at this
long-term insurance so that we can provide
that insurance and not have these people have
to resort to Medicaid for their final days.
4825
I'm very supportive of the bill. I
certainly will be voting in favor of it, and I
would encourage everyone in the chamber to do
so as well.
Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 35. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
DeFrancisco, to explain your vote.
SENATOR DeFRANCISCO: Yes. I
vote aye, and I think that this is not only an
important bill but an important first step, is
what it really is, in order to reform the
Medicaid system.
I know many counties throughout the
state have had to raise their sales tax in
order to accommodate -- in order to pay for
the costs of a system that's gone awry. We
all want to provide as much as we can for
those who cannot. But on the other hand, it
has to be affordable so that each county can
4826
make sure they pay for it in a responsible
way.
So as I say, I'm very happy that
this Medicaid reform bill has gone forward. I
hope the Assembly at some point soon starts
addressing the problem. And, secondly, I hope
very much that many of the other
recommendations by the Senate task force be
adopted soon in another bill to follow this
one.
Thank you.
THE PRESIDENT: Senator Meier, to
explain your vote.
SENATOR MEIER: Very briefly.
I'm going to vote aye. This bill
is a responsible bill. It gives real relief
to the counties but incorporates some cost
containment.
Now, going back to some discussions
we had yesterday afternoon, people want to
know why things don't happen in this city and
why things don't come together.
After six months of negotiating
with the majority in the other body, they've
introduced a bill. And what it is, they call
4827
it a rolling cap. And along about the time
that the cost of Medicaid will double, in
seven or eight years, they will have begun
picking up a small percentage of just the
growth. And by the year 2014, they get to the
real ultimate effect of their bill.
No cost containment, no
restructuring of the way that we deliver care
to people, no disease management, no
addressing the long-term-care system. After
six months of trying to engage these people,
they've got a solution that takes effect in
the year 2014. That's why nothing gets done
in this town.
This body, both sides of the aisle,
is acting today.
THE PRESIDENT: Senator
DeFrancisco and Senator Meier, you will both
be recorded as voting in the affirmative on
this bill.
Senator Hoffmann.
SENATOR HOFFMANN: Yes, to
explain my vote.
Madam President, I want to
compliment my colleagues who chaired this task
4828
force and did yeoman's service in crafting a
remarkable piece of legislation.
This is a tough, tough issue.
Everybody wants to spend more money all the
time. There are lots of ways that you can
feel sympathetic for people who are in need --
the elderly, the sick. People always want to
be bighearted. But there comes a point at
which we have to be realistic and find a way
to rein in some costs where it's possible and
to offer some incentives for cost-containment.
This is a very, very pragmatic
piece of legislation. And once again, I have
to remark at how proud I am that this house,
this body is able to take a tough issue, to
wrap its hands around it and collectively say
we will find a way to do what's right for the
taxpayers of this state. We understand that
it's an unfair burden on local government, and
we will do our part to fix it.
And it is time for the other
chamber to join with us, and not posture and
not criticize, but join with us and come up
with intelligent solutions that will deal with
all of the problems in this state but
4829
particularly, today, with the issue of
out-of-control Medicaid costs.
Again, I compliment all of my
colleagues who have taken the lead on this.
I'm proud that we're taking this action today
and I hope, I sincerely hope that it will not
be a vain action that we will have to come
back and revisit over and over and over again
while we wait for the Assembly to wake up and
get with the program.
THE PRESIDENT: Senator Hoffmann,
you will be recorded as voting in the
affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1711 are
Senators L. Krueger and Sabini. Ayes, 53.
Nays, 2.
THE PRESIDENT: The bill is
passed.
Senator Saland.
SENATOR SALAND: Madam President,
I would request unanimous consent to be
recorded in the negative on Calendar 1771,
4830
Senate 7577.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on that bill.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Judiciary Committee at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Judiciary,
reports the following nominations.
As a justice of the Supreme Court
of the Third Judicial District, William E.
McCarthy, of Delmar.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Madam
President, I'm proud to rise to move the
nomination of William E. McCarthy, of Delmar,
as justice of the Supreme Court of the Third
Judicial District.
Mr. McCarthy has had -- we've had a
4831
thorough review of his qualifications before
the committee meeting. We met this morning.
He was found to be well qualified, and his
nomination was unanimously recommended to the
full Senate. And I'm proud to move his
nomination.
For the purpose of seconding, I
would ask the chair to recognize Senator
Breslin.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you very
much, Chairman DeFrancisco.
I rise to echo the comments of
Senator DeFrancisco.
Bill McCarthy is a fellow
Delmartian, as we say, from the town of
Bethlehem, and has had an exemplary career,
which has included, among other things, being
an attorney for the AFL-CIO, but being a law
clerk to both a Democrat and a Republican
judge. And I might add, parenthetically, that
the Democrat was very difficult to work with.
But he continued on in the
Governor's office, and for the past six years
has done tremendous service for the Governor
4832
dealing with various state agencies.
And in my opinion, Bill McCarthy
will make a wonderful Supreme Court judge.
THE PRESIDENT: Senator Saland.
SENATOR SALAND: Thank you, Madam
President.
Madam President, I had the good
fortune a number of years ago to work closely
with soon-to-be Judge McCarthy when he was
working in my offices when I was a member of
the Assembly. And while I could not have
predicted where the future would take him, I
did know that the future would take him good
places, because he exhibited the kinds of
qualities that one would hope to find in
anybody who might be interested in public
service.
The fact of the matter was that he
was not only extremely capable and bright, but
conscientious and dedicated and never shirked
from any type of responsibility. I didn't
know that one day I would have the opportunity
to sing his praise here on the floor.
We've had the opportunity to work
with him, "we" being my office, on one or
4833
another matter in his capacity as one of the
counsel to the Governor. And I can only say
that time and again he has consistently
demonstrated, whenever my office has had to
deal with him, that the view of the young
Mr. McCarthy that I saw a number of years ago
was very much justified. And I wish him only
continued success.
Governor Pataki has once again sent
up an extraordinarily capable and fine
potential jurist, and I'm sure that he will do
credit not only to the people of the State of
New York but to the wisdom of the Governor's
appointment as well.
THE PRESIDENT: The question is
on the confirmation of William E. McCarthy, of
Delmar, as justice of the Supreme Court of the
Third Judicial District. All those in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: William E.
McCarthy is hereby confirmed.
(Applause.)
4834
THE PRESIDENT: I would be remiss
as president of the New York State Senate if I
did not add my thankfulness that Judge
McCarthy has been confirmed.
I have known Bill McCarthy for many
years, in my private practice, when I was on
the bench, and now as one of the Governor's
counsel. I know of his intelligence, his
dedication, and his eminent qualifications for
this position. We're blessed.
Congratulations.
He is here with his mother, Marilyn
W. Soucy, and his aunt, Marie Muller. Best
wishes to all of you.
The Secretary will read.
THE SECRETARY: As a justice of
the Supreme Court of the Ninth Judicial
District, Robert A. Neary, of Pound Ridge.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I rise to
move the nomination of Robert A. Neary as
justice of the Supreme Court.
As I mentioned before, and I'll say
it maybe for the last time to save time in
4835
these proceedings, all of the candidates
were -- their backgrounds and qualifications
were examined fully, they came before the
committee and they were unanimously approved
by the Judiciary Committee for confirmation by
the full floor of the Senate.
And as to each of the nominees, the
Governor has really outdone himself this time.
They're outstanding, qualified individuals for
these various positions.
I would ask Madam President to
recognize Senator Leibell to second the
nomination.
THE PRESIDENT: Senator Leibell.
SENATOR LEIBELL: Thank you,
Madam President.
And as with many of us, we know
some of the nominees who are coming before us
today. I am happy to say that I have known
this nominee for, I guess, a few decades now.
Goes back to the 1970s.
I first met Robert Neary in the
Westchester County district attorney's office.
We were both a lot younger, assistant DAs
then, and very active and enjoyed the work of
4836
serving as prosecutors.
While I left and went to Putnam
County to serve as their county attorney, Bob
continued there in the Westchester DA's office
and, over the course of his years there, had
the opportunity to prosecute many important
cases, to try many cases to a verdict.
I'm very pleased that the Governor
that submitted the name of Judge Neary,
because I know him personally and I know his
skills as an attorney, his skills he's
exhibited in the past as a judge, his
professional knowledge and, so critically
important, his integrity. This is an
excellent nomination that has been submitted
to us.
So I'm very pleased to rise here
today and to second this nomination of Robert
Neary to the State Supreme Court.
Thank you.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too would like to rise to second
the nomination of Robert Neary to the Supreme
4837
Court.
Knowing Bob Neary since late in the
'60s -- hard for me to believe -- I can attest
to his character. And I've now read his
background on his legal work and how he worked
on 45 murder cases. And I just think he'll be
a great judge.
And on a personal note, I'd like to
say that -- and I said some of this previously
about him -- he was captain of the football
team when I was a sophomore at Holy Cross, and
he was the kind of person that taught all the
younger players, through his hard work ethic
and the extra time he put in and the way he
got his job done, on how to do varsity
football properly. And he was a great
inspiration to me.
And today he brought me a picture
which now is proof to the rest of you that we
do actually know each other since 1968. I
have a picture of us from a time when we both
played together at Holy Cross.
And I think that he'll bring that
same character and leadership to the Supreme
Court. And I congratulate the Governor and
4838
congratulate Bob Neary on his confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Robert A.
Neary as a justice of the Supreme Court of the
Ninth Judicial District. 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.
Judge Neary is with us today in the
gallery. He is accompanied by his wife Keary,
by his sons Tim and Mike, and by his sister,
Mary Ann Hoffmann.
Judge, congratulations and very
best wishes to you.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Surrogate's Court for the County of Ulster,
Paul L. Gruner, of Stone Ridge.
ACTING PRESIDENT MEIER: Senator
4839
DeFrancisco.
SENATOR DeFRANCISCO: I move the
nomination of Paul L. Gruner for judge of the
Surrogate's Court for the County of Ulster,
and I would request that the chair recognize
Senator Bonacic for a second.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
First of all, I would like to
congratulate the Governor for his outstanding
appointment for Paul L. Gruner for
confirmation to the Surrogate's Court of
Ulster County.
This is a gentleman that's worked
all his life in the trenches of practicing
law, all sorts of litigation, with a varied
practice, including estates. He's been a
public advocate in Ulster County for almost
24 years.
And he finds time to be a wonderful
father to three children, two of whom are
here -- and I understand that his daughter
Alexandra is in Ecuador -- plus the rest of
4840
the family that's here, which I'll acknowledge
shortly.
But he also gives back to the
community. He's a gentleman that serves on
the board of trustees of Ulster County for
their county blood bank. He's engaged with
Little League, and also he's on the board of
education of the Rondout Valley School
District. A gentleman with family values,
someone who we are very proud of.
He's joined today by his bride,
Cathy; his sons, Max and Peter; his brother
Albert and Nan Rios; his nephews Albert and
Daniel; his brother and sister-in-law Eugene
and Peggy Gruner; his niece Susanna; nephews
Benjamin and Christopher; father-in-law
Dr. Peter Corsones; his good friend Al Spada,
who's our Ulster County clerk, with his
partner in crime, Pat Oliveri, and Brenda
Trump.
I hope I got you all.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Paul L.
Gruner as judge of the Surrogate's Court for
4841
the County of Ulster. 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.
Judge, who's left at home, anyway?
(Laughter.)
ACTING PRESIDENT MEIER:
Congratulations, and best wishes on your on
your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Joseph C. Pastoressa of Saint
James.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I move the
nomination of Joseph C. Pastoressa of Saint
James as a judge of the Court of Claims.
And I would please ask the chair to
4842
recognize Senator Flanagan to second the
nomination.
ACTING PRESIDENT MEIER: Senator
Flanagan.
SENATOR FLANAGAN: Thank you, Mr.
President. And thank you to Senator
DeFrancisco.
Briefly on the nomination, because
I know there are several of my colleagues who
want to speak.
First and most important,
congratulations to Joe Pastoressa, a quality
individual, quality attorney, and someone who
will make an outstanding jurist in the State
of New York.
Congratulations to the Governor for
having the wisdom to appoint him to this
position.
And we are all fortunate. I've
known Joe for some time. He's a gentleman, he
has outstanding integrity, and he's got an
excellent background. He's worked in the
vineyards for a number of years and has had a
very diverse experience in the courts and in
the legal profession. I'm proud to stand
4843
before you as his representative in this body
and second his nomination.
And he is joined by a whole host of
people, most importantly his family -- his
wife, his three children, his mother -- and a
couple of very close, dear personal friends.
But it reminds me too that we are
all fortunate in that many of us have guardian
angels or mentors or people who look out for
us in very special ways. Sometimes those
people are here with us physically and other
times they're not. But I know that Joe
Pastoressa has a guardian angel out in
Copague, in Suffolk County, who's watching
today.
So Joe, to you in particular,
outstanding congratulations to you and your
family.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LaVALLE: Thank you, Mr.
President.
As a member of the Judiciary
Committee, I wanted to rise to second this
4844
nomination or speak on it, along with Senator
Flanagan.
While I don't know Judge
Pastoressa, I have heard so much about him.
And if you looked at his resume, you would
see -- having served as chief law secretary to
two justices of the Court of Claims, along
with other legal experience, you will see that
he is well qualified.
He has helped write several key
decisions, and I'm sure that now, having
served as the law secretary, he will have
great fun in being the principal author of his
own decisions.
Good luck, Judge Pastoressa.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: I'd like to
commend the Governor for putting forward this
nomination.
I've known Mr. Pastoressa for a
number of years. I see he was a graduate cum
laude of Brooklyn Law School, and his career
has shown that intelligence and that legal
ability over the years.
4845
Working as law secretary to several
lawyers, he drafted many decisions. He
drafted landmark decisions, made new law.
He's a real legal scholar and the kind of a
person we need in this position.
I'd like to congratulate his wife,
who is probably his inspiration, and his
family who are with him, and even some friends
of mine, Tracey Curcio and Catherine
Cicchelli.
I'm glad to see that they're here
supporting you. We all recognize your great
abilities, and we're very proud to second or
third that nomination.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
The question, then, is on the
confirmation of Joseph C. Pastoressa as a
judge of the Court of Claims. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
4846
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Pastoressa is with us today
in the gallery. He's accompanied by his wife,
Marianne; his daughter, Christina; his sons,
Joseph and Michael; his mother, Nancy
Pastoressa; brother, Nicholas; and friends
Tracey Curcio and Catherine Cicchelli.
Judge, congratulations and best
wishes with your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, James J. Lack, of East
Northport.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I move the
nomination of James J. Lack for reappointment
to the Court of Claims.
I was going to stand up and say
something humorous, but I think this is a very
serious event, and I think it's more important
to really speak about Jim the way I really
4847
feel about him.
Having served with him in the
Senate for at least ten years, you get to know
a person very well. And there are certain
people that you rely on for opinions. And Jim
was always one I relied on for an opinion,
because he always thought things out
thoroughly and explained exactly the way he
felt, whether you would agree with the
decision or not.
And that's the type of individual
that I rely on, people that don't tell you
what you want to hear but give you their
honest appraisal of the situation. And it
helped me, over the years, get through some
issues that I was having difficulty with.
Secondly, when you want a judge to
preside over a case, whether it's you or a
case for someone else, you want someone who is
going to be fair and listen to all the facts
and call them the way that he sees them. And
Jim is that type of individual.
So I'm very, very pleased to rise
to move the nomination of Jim Lack for
reappointment and I would request that you,
4848
Mr. President, recognize Senator Flanagan to
second the nomination.
ACTING PRESIDENT MEIER: Senator
Flanagan.
SENATOR FLANAGAN: Thank you, Mr.
President.
Two in one day. This is a good
day.
Last time Senator Lack was up for
appointment to the Court of Claims, I was
watching and was not a member of this body.
So I actually get a chance to get up and make
a few comments today.
I know Jim is joined by his son,
Jeremy. And Jeremy and Kara are a testament
to Jim and Therese and what they've been able
to do and achieve as parents, because they
have really wonderful children. And it's
great to see Jeremy here today.
And to Senator Lack,
congratulations. Obviously, best wishes.
And the only thing I really
wanted -- well, two things. Jim Lack has
extraordinary institutional knowledge about
the Senate and has a tremendous sense of
4849
history. And I would agree with Senator
DeFrancisco: very intelligent, very
articulate, and someone who has been an
outstanding resource on a wide variety of
issues, including just the history of what
we've done here in this Legislature. And he's
actually someone who can tell us many of the
good things that we've done, despite what we
may hear to the contrary on the outside.
But finally, the only three people
that could be happier -- Kara, Jeremy and
Therese, for Jim on his reappointment. But I
never got a chance to say it, the only one
that follows right after them is me. Because
I would not have a chance to stand here but
for his ascension to the bench.
So Senator Lack, Judge Lack,
congratulations again.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: Again, I'd like
to commend the Governor on this nomination and
say that Jim Lack and I have been friends for
several decades.
Caesar Trunzo and I served a
4850
sentence with him between us for almost that
full period of time, and we put up with a lot
of stuff from Jim Lack. And we know the good
things about him, and we don't know many bad
things about him. But we know we're happy for
him today, getting a position which he really
likes.
And I'm getting my ten-year term
next time.
(Laughter.)
SENATOR JOHNSON: Kidding.
But anyhow, congratulations. And
he does have a beautiful wife and family, and
I commend all of you.
Thank you.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President, I rise too, with pleasure, to
congratulate my former colleague and friend
Jim Lack on his nomination to the Court of
Claims.
The Governor is to be congratulated
to initially put Jim up there and to maintain
his position on the court.
4851
He is a brilliant man, there's no
other way of putting it. He knows the
business. He knew the business of the Senate,
and I'm sure he's doing the same and doing one
hell of a job in the courts.
If ever I have the misfortune of
having to go before a court, I would like him
there, because I know then I would get the
absolute fairest treatment that could be done.
The man is a good man, he'll do a
good job, and we wish him well.
ACTING PRESIDENT MEIER: Senator
Saland.
SENATOR SALAND: Thank you, Mr.
President.
It's truly a pleasure, a distinct
pleasure, to rise to second the nomination of
my very, very dear friend.
I had the good fortune of serving
in this institution with him, and it was
through this institution that I really came to
know Jim and his family, Therese, Jeremy, and
Kara. And through the course of the years
that have followed, we have had the
opportunity to share many wonderful moments
4852
together. We've known joyous occasions, and
we've known sorrowful occasions, and we've
shared them as friends and virtual family
would.
I must say that of all the people
I've had the good fortune of knowing, I don't
think I've ever met an individual who really
was more globally bright, more capable than
Judge Lack.
I know how proud he is to be here
today, not merely because he's being
reconfirmed, reappointed, but because he's
here with his son, Jeremy. Jeremy
unfortunately was unable to be here when Jim
was initially appointed, so this turns out to
be a double blessing for Jim.
We've heard numerous kudos applied
to Jim, both in committee and here on the
floor. I can honestly say that there's
nothing that I've heard that isn't most
deserved. He not only served this institution
admirably, but as a legislator he really
served many admirably, due to his involvement
with and ultimately becoming president of the
National Conference of State Legislatures.
4853
And he is somebody who has been, as
I said, a friend -- more than a friend,
family, if not like a brother. But the bottom
line is at times he's been a mentor and truly
a source of counsel. Were my wife Linda here
today, she would probably say even more
glorious things about him, perhaps making me
look rather understated.
But I wish him continued success.
My love to the family, and I'm sure the people
of the State of New York will continue to be
extremely fortunate, thanks to the Governor's
sending Judge Lack to us for reappointment, to
have his continued services on the bench.
He's been an exceptional public servant, and
this will certainly add to that stature.
God bless you.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LaVALLE: Thank you, Mr.
President.
It's a pleasure to rise to support
Judge Lack's renomination. And it's great
that the judge will have a full term.
Senator Johnson said something that
4854
brought to mind -- and sometimes we forget the
amount of time and the number of years that we
spend together. And Jim and I have seen our
children grow up. Jim's two children, Kara
and Jeremy, have become most accomplished in
their respective fields. And I know that Jim
and Therese are very, very proud of their
accomplishments.
We've seen parents pass away, we've
seen our own careers move forward.
And I think this is a great
appointment, once again, by the Governor. And
as so many people said, the judge has a keen
intellect, but he will use and has used that
intellect within the legal system to come up
with fair and wise decisions.
So many of us in our conference
know that many times there would be
legislation before us and the judge would
always talk about case law and other kinds of
legal points of view. And I think we miss
that. Although his very dear friend, Senator
Saland, has followed very ably in his shoes in
that regard, in being the conference attorney.
Judge, I wish you much luck, much
4855
success, not only personally but with your
family as you move forward in your career.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President, I
want to congratulate the Governor also on a
great renomination.
I would add to Senator Flanagan's
thanks for Jim going to the bench because he
became a Senator, I would add that Senator
DeFrancisco thanks him also, because now he's
chairman of Judiciary.
And I thank you, because now I have
your old office, which is one of the best
offices in all the Capitol. And he's the one
that actually remodelled it and made the
office what it is.
But in all seriousness, Jim is one
of the brightest fellows that I know to come
out of the Legislature. I guess my only
debate with -- Senator DeFrancisco said that
he always looked to him for advice and
agreement. I looked to him for advice
sometimes, but I didn't agree with him
sometimes.
4856
But he and I worked together very
closely as chairmen of Codes and Judiciary.
And as I have found out, I know as Senator
DeFrancisco has found out, it's important for
those two chairmen to work together.
Jim and I pulled off -- I don't
want to say pulled off a couple of coups, but
we did some things together because we decided
that some things had to be done. And in our
world, sometimes it's very difficult to do
things because there are people all over the
place who come in from every different
direction.
And Jim and I did the change in the
jury system, which I think we are both very
proud of, that got rid of all the exemptions,
which was just -- it was burdening the system
so bad that it was clear something had to be
done. But the problem is we had to act fairly
quickly before every group in the history of
the world attacked Albany. And we're pretty
proud of that. I know he is, and so am I.
But, Jim, I also want to say that
your wife, Therese -- and I don't have to tell
you -- was great to my son, who had his
4857
problems many years ago. And of course
Therese is a psychologist. He's now -- my son
is a doctor of psychology at SUNY Buffalo.
And her advice was important to him. And I
thank you, I thank your wife for her kindness,
and I wish you the very best.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President.
There's not much that I can add
that has not been said about Judge Lack. But
I would be remiss if I didn't get up and share
a few thoughts about someone who has been more
than a colleague, has been a good friend --
not only to me, but to so many members of this
chamber.
I spent many years sitting in that
back row, alongside of Jim Lack, and received
the benefit of his counsel. Very often when I
didn't ask for it.
(Laughter.)
SENATOR SPANO: But there are few
people that I have met in 26 years in the
Legislature who have had more of an
4858
institutional knowledge of the way this body
and the Assembly works than Jim Lack.
He served us well as chair of the
Labor Committee, he served the people of this
state well in that capacity, did an
outstanding job as the chair of the Judiciary
Committee, and is making us proud as a judge
in his current capacity.
We miss him. We would have a lot
of good fun with Jim Lack. But as John
DeFrancisco said, when we need someone to
analyze a problem and give us a straight
answer, whether we like the answer or not, and
an analysis and the resolution of a problem,
it would be Jim Lack that we would go to.
And it's that type of person who
comes through the halls of this Senate and
moves on to become an outstanding judge, but
will always be remembered here as someone who
was fierce on the floor, was as honest as they
come and, as a friend, is as loyal as they
come.
The Governor deserves credit for
your reappointment, Judge. And to you and to
your son, we're glad that Jeremy is here
4859
today. We're all as proud of your dad as you
are this day.
Congratulations, Judge Lack.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President,
I'm sure any of the members here that have not
spanned the number of years that we've known
him, from Day One, when he first walked into
this chamber, and with perfect fidelity and
reflecting an analysis that jibed with all of
us -- and it was evident by the warmth of
their remarks that he had elicited a profound
respect in his judgment, in the clarity of his
views, in the broad range of his knowledge --
that we were singularly impressed.
I'm very, very happy to see this.
And it's evidence of the joy with which this
membership is reflecting now in your presence.
You hear it, and you have every right to be
proud and we have every right to be proud to
see you there.
So this is indeed a happy day. I
don't know why I stayed long enough in the
Senate, but now I found out that there was one
4860
more reason, because I wouldn't want to have
missed this occasion. It was so appropriate,
so good in terms of everything that we've
desired in good service to the public and a
good friendship.
So again, I'm very proud that I
persisted in my return to this body. And I
knew this day would come, and it has. And I
feel very happy about it.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
I don't think a higher compliment
could be paid than the fact that Senator
Marchi stuck around here 48 years to vote for
your confirmation, Jim.
(Laughter.)
SENATOR MAZIARZ: Obviously, the
Court of Claims' gain is the Senate's loss, by
virtue of all the comments that my colleagues
have made. Just shows you the deep respect,
Jim, that we have for you.
And we certainly congratulate you
and Therese. And your son is here today, and
4861
that's a great tribute to you.
We miss you a lot here, Jim. As
Senator Spano said, we miss your advice, both
the solicited and the unsolicited parts. But
congratulations, and we'll see you in
November.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
I was outside meeting with some
constituents, and I asked if the judicial
appointments were underway, and one of my
colleagues says, "Yes, all the lawyers are
standing up, speaking."
And although I am not a lawyer, I
will admit that my son passed the bar a month
ago, so I guess I should speak.
Jim, I too miss you, as mentioned
by your colleagues, not only for your advice
and wisdom -- and again, I will repeat, both
solicited and unsolicited -- but also for our
morning walks.
Senator Lack, Senator Maziarz,
Senator Spano and I would go on our morning
4862
walks at about 6:15. And it was a little
difficult waking up Senator Spano, but we
usually succeeded knocking on the door.
Because Jim Lack never does anything
passively, always very aggressive, and he
would just rap on that door until Senator
Spano would come out.
And he also moves quite quickly for
a short person, he walks rapidly. And I miss
that, Jim. I miss the conversations we had
both about our personal lives and also the
conversations about our legislative lives and
certainly the work we did here on the Senate
floor.
Like all of my colleagues, and to
see your son Jeremy here to enjoy this very
special moment, from the bottom of my heart I
wish you the very best, and godspeed.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question, then, is on the
confirmation of James Lack as a judge of the
Court of Claims. All those in favor signify
by saying aye.
4863
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Our good friend Jim Lack, welcome
home. And we say, with great affection and
respect, congratulations.
(Standing ovation.)
ACTING PRESIDENT MEIER: If the
chair could be permitted a personal note, I'm
having dinner with the machatunem this
weekend.
(Laughter.)
ACTING PRESIDENT MEIER: Senator
Saland will explain to the rest of you what
that means.
The Secretary will continue to
read.
THE SECRETARY: As a judge of the
Court of Claims, Thomas J. McNamara, of
Ballston Spa.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
4864
SENATOR DeFRANCISCO: I would
move the nomination of Thomas J. McNamara as a
judge of the Court of Claims.
And would you please recognize
Senator Farley for the second.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President. I rise to support the nomination
of Tom McNamara.
Let me just tell you a little bit
about him. He's a graduate of the State
University of New York at Albany, where I
taught for many years, and also a graduate of
Albany Law School.
Tom McNamara has had an extensive
background, not only as a practicing attorney
but as an assistant district attorney for the
County of Saratoga.
He lives in Ballston Spa, which I
share the village with the Majority Leader,
Senator Bruno. And we were both concerned
about whose constituent he is. Joe wanted to
claim him, but he is my constituent.
He's been a town attorney for the
4865
Town of Ballston, which I also represent. Tom
McNamara not only has been involved in the
community as a good citizen, serving on the
board of education, been active in his church.
He's been on the Saratoga Hospital board of
directors. He's been an outstanding example
of somebody that should serve on the bench.
This is an example of Governor
Pataki really choosing outstanding lawyers to
serve in our judiciary, and certainly on the
Court of Claims, for which Tom McNamara is an
outstanding, eminently qualified individual.
And it is with pleasure that I move
his nomination.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Thank you, Mr.
President.
I think we're blessed today to have
a number of Capital District judges who also
happen to be Irish.
But I rise because Tom McNamara and
I are close to being the same age, and we go
way back to when he was an assistant district
attorney and we would enter into plea bargain
4866
negotiations.
And I've watched him since that
time, as a town attorney and now as really the
acting Supreme Court judge for Albany County.
And in everything he's done, including his
community service, he's been the pride of the
Capital District.
And I commend the Governor for his
renomination.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Thomas J.
McNamara as a judge of the Court of Claims.
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.
Judge McNamara is with us today in
the gallery. He's accompanied by his wife,
Mary Jane, and by his son, Matthew.
Judge, we congratulate you and we
wish you well.
4867
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Richard E. Sise, of
Niskayuna.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I would
move the nomination of Richard E. Sise, of
Niskayuna, for a reappointment to the Court of
Claims, and again ask you to recognize Senator
Farley for a second.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: Thank you, Mr.
President.
It is with enthusiasm that I rise
to support Dick Sise, who's a long-time, dear
friend, comes from an incredibly remarkable
family. His dad, Chief Judge Bob Sise, long
recognized as one of our great jurists in this
state, still practicing law vigorously in
Amsterdam.
Richard Sise is a graduate of Siena
4868
College and of Albany Law School. I think you
went to law school with my daughter Susan. I
think you did.
But anyway, I know his wife,
Connie, who's a distinguished practicing
attorney and a former law professor with me.
And his family is truly remarkable.
His brother Joe -- who I thought
was the baby, but he's number eight of nine
boys -- was the youngest Supreme Court justice
in the State of New York, and I think may
still be.
And Dick Sise has really served his
community well. He's been a prosecuting
attorney in New York City and has been very
active in my hometown, where he still lives,
of Niskayuna.
And Dick Sise is not only well
known to our community in the Capital
District, but his brother-in-law is seated
here and made sure that his nomination comes
through, John Cahill, whose sister is Dick
Sise's wife, Connie.
So he has a lot of connections, not
only with this house but with the State of
4869
New York.
It's with great pleasure that I
nominate Richard Sise and congratulate the
Governor for this outstanding appointment.
And as I said in the Judiciary
Committee, he is being reappointed for a
complete term to the Court of Claims, but you
haven't heard the last from Dick Sise. He's
on his way to the stars.
He comes from a great background,
and of course the reason for that is because
of his mother, Theresa, who's here. And I
believe his son Michael is here, who's in the
third grade at St. Pius School, and his
daughter, Mary, who's in the sixth grade at
St. Pius.
So we're delighted to have that
family here and to move the nomination of
Richard Sise.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Well, there's
not much left to be said; Senator Farley has
documented the entire Sise family history.
Dick has been a friend of mine for
4870
many years. And I'm proud to be able to
practice with his wife Connie and sometimes
engage in conversation with Connie's brother
John.
But Dick and the whole Sise family
have really just been the masters of
Montgomery County for so long, even though
Dick is a resident of Schenectady County. His
father, Bob, who many of us growing up as
lawyers benefited from his skills as a judge
and his skills in advising us how to become
honorable in the practice of law.
But this is -- again, I frequently
get up and compliment the Governor on his
choice of judges. And Dick is really one of
the crowning pieces in that selection process.
And I look forward to seeing
Dick -- Dick mentioned in Judiciary Committee
he would like to serve until such time as he
reaches the age of 70. If he continues to
serve to then, we will all be blessed by it.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Richard E.
Sise as a judge of the Court of Claims. All
4871
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.
Judge Sise is with us in the
gallery, and he's accompanied by his family --
Senator Breslin, you look poised to jump.
Anyway, Judge Sise, congratulations
and best wishes with your continued duties.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Can we return to
motions and resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
SENATOR SPANO: There is a
resolution at the desk by Senator Nozzolio.
Could we ask that the title be read.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
4872
Nozzolio, Legislative Resolution Number 5766,
honoring brothers Lieutenant Colonel Dominic
Caraccilo and Captain Edward Robert Caraccilo
for being decorated with the Bronze Star
Medal.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
May I have a little order.
ACTING PRESIDENT MEIER: Can we
have some order in the chamber.
Members who are exiting, could we
have the door closed.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you very
much, Mr. President.
Mr. President and my colleagues, I
rise in support of a resolution that honors
two New York native sons that have
distinguished themselves in defense of freedom
as military officers of the United States of
America.
It is unusual, if not
unprecedented, where two brothers serving in
4873
the United States Army, currently fighting for
our interests in far-off places in the globe,
have distinguished themselves by being the
recipients of the Bronze Star medal.
The Bronze Star is the third
highest military honor that anyone can receive
in this United States. That the Army has
established this medal to provide those who
have distinguished themselves by heroic or
meritorious achievement, and that this
achievement was recognized by the brothers
Dominic and Edward Caraccilo of Seneca Falls,
New York.
Dominic graduated from Mynderse
Academy in Seneca Falls, went on to gain his
military training at West Point, and served in
my office while he was working to get his
master's degree -- as an intern with me,
working to get his master's degree at Cornell
University.
His brother Edward is also a native
of Seneca Falls who distinguished himself with
great honor.
Dominic serves as a United States
Army lieutenant colonel and has been decorated
4874
with the Bronze Star medal, with the "V"
device signifying valor, for supporting the
mission of Operation Iraqi Freedom and
participating in Operation Northern Delay in
Iraq. He is a member of the 173rd Airborne
Brigade and a battalion commander with twenty
years of distinguished military service.
Edward Caraccilo is a captain in
the United States Army, a member of B Company
Third Battalion, 187th Infantry Regiment,
101st Airborne-Air Assault Division, and
serves as company commander.
They both received the prestigious
Bronze Star medal, as the sons of Marie and
Bob Caraccilo -- Bob, a great person, Marie --
wonderful contributors to the community of
Seneca Falls. Bob is a barber, has worked
very hard through his life and, rightly so, is
very proud of his entire family and
particularly of the service of his fine sons.
All of our communities in the
Finger Lakes and all of New York State should
be proud of these fine individuals --
brothers, brothers in arms, brothers who are
serving the highest calling to protect the
4875
most important democracy ever formed on the
face of the globe.
And as we debate legislation today
aggressively, I think it's appropriate that we
pause to understand the cost and the price of
freedom. These young men, coming from a small
town, serving in a faraway world, a faraway
country, serving the interests of their own
country, recognized to receive the Bronze
Star, the third highest military honor.
I pause, thank my colleagues for
their concern and support of this resolution,
a resolution very well deserved, a resolution
that we are extremely grateful to present
because of the valor of these fine young men,
Dominic and Edward Caraccilo.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
4876
resolution is adopted.
Gentlemen, we welcome you today and
extend our congratulations and our thanks for
your service.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President, I
believe I have a privileged resolution at the
desk. I would ask that it be called up at
this time, read in its entirety, and move for
its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 5695,
congratulating the Columbia High School
Baseball Team and Coach George Czerno upon the
occasion of capturing the 2004 New York State
Class AA Championship.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
4877
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this state, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Columbia High School
Blue Devils Baseball Team are the 2004 New
York State Class AA Champions; and
"WHEREAS, The Blue Devils defeated
the Oceanside Sailors, 6-2, to close their
season with a 28-2 record and capture its
first New York State Championship in baseball,
as well as the first for a team from Section
II since 1999; and
"WHEREAS, The athletic talent
displayed by this team is due in great part to
the efforts of Coach George Czerno and his
team of outstanding assistant coaches, skilled
and inspirational tutors, respected for their
ability to develop potential into excellence;
and
"WHEREAS, The team's overall record
4878
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends and the community at
large; and
"WHEREAS, The hallmarks of the
Columbia High School Baseball Team, from the
opening game of the season to participation in
the New York State Class AA Championship game
at NYSEG Stadium in Binghamton, were a
brotherhood of athletic ability, of good
sportsmanship, of honor and of scholarship,
demonstrating that these team players are
second to none; and
"WHEREAS, Athletically and
academically, the team members have proven
themselves to be an unbeatable combination of
talents, reflecting favorably on their school;
and
"WHEREAS, Coach George Czerno and
his dedicated staff have done a superb job in
guiding, molding, and inspiring their team
members towards their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and Coach George Czerno and
4879
his outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition at Columbia High School; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Columbia High School Baseball
Team, its members -- Mike Hart, Todd Czerno,
Mike Ogle, Mike Szoke, Zach Kirsch, Eric
Ferguson, Jim Devine, Keith Glasser, Josh
Willimott, Matt Smith, Bryan Rose, Ben Barner,
Kyle Meyer, Chris Mascolo, and Jon Nicolla --
Manager Andrew Brewer, Assistant Coaches John
Serbalik, Anthony Servidone, Adam Vooris, Hank
Wysocki, Dan Batcher and Jeff Rose, and Coach
George Czerno on their outstanding season and
overall team record; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Columbia High School Baseball Team and
to Coach George Czerno."
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President and colleagues.
4880
I wanted to add my welcome and my
congratulations to my constituents in the 43rd
Senatorial District. Congratulations to the
champs. First time ever.
And by the way, team, I wanted to
apologize for the empty seats in the chamber.
These people, unlike when you're in school,
they get elected independently, and they're
all out doing things that they feel are
important in their constituency, like
committee meetings and other things.
So they are not truant, they're not
tardy, they're working somewhere else --
frankly, which can't be as important as being
in the chamber listening to me.
(Laughter.)
SENATOR BRUNO: But they have to
make their own judgments. And that's the way
life goes in elective office.
But I really want to acknowledge
this team. This is the first-time Columbia
High AA basketball champs. And you heard
their record, 28 to 2. And George Czerno,
their coach, congratulations to you. Terry
Brewer, the superintendent, congratulations to
4881
you.
Now, Senator Tom Libous is here,
and he represents Binghamton. And who did
they beat for the championship? Binghamton.
You were listening.
Sorry about that, Senator Libous.
But coming in second to a team from the 43rd
is not a bad thing. In fact, it's a good
thing.
So I want to congratulate all of
you -- your faculty, the coach, the players.
And I want to just say this to you. You're
young, you have achieved something exceptional
and great. And when you do that, that doesn't
come easily. That doesn't happen by itself.
It doesn't happen with you goofing off,
smoking, drinking, carousing.
Stuff like that only happens,
you're only champs -- you're only champs when
you work hard, you're committed, you're
dedicated, you're inspired and you do it
right. And you did that. So congratulations
to you.
And you know what? You're out of
high school, go on to college, you go on to
4882
work, and you're going to be in a challenging
life out there. Life is challenging. Life
has got crises, and it's got joys and it's got
pleasure. But what you have accomplished will
hold you in good stead as you leave and you go
on and meet the challenges that are out there,
because you know how to work as a team.
And you also know how to be
individuals. It's kind of like the Senators
here. You see, they work as individuals, they
talk while I'm talking, but when it comes
time, they get together as a team and they
vote unanimously for this resolution.
And this resolution, I'm telling
you this, you come back here fifty years from
now -- I'll probably still be here --
(Laughter.)
SENATOR BRUNO: -- and bring your
children, bring your grandchildren. They will
call this resolution up, by number, because
this resolution, when passed in the Senate,
becomes part of the history of this state.
Goes in the archives. So that's something to
be proud of. It's perpetual, and it's an
honor, and this doesn't happen just easily.
4883
So I am privileged and I'm honored
that I am your Senator.
And for those of you that don't
live in the 43rd, move in, because you're of
voting age and it gets critically important.
But this is our closing day of the
formal part of our session. We're going to go
on, probably having to get back here because
we have other things to do. But I want to
share with you that we're taking time on this
day because you're special, school is special,
the team is special -- coach, Terry -- you
really make a great contribution as role
models to other young people like yourselves
as you go on, having done what you have done
and go on with your lives.
So congratulations to all of you,
friends that are here with you, and keep going
on being winners in your life as you are now.
And that decision and that judgment, no matter
what it is that's out there, is up to you.
So congratulations, champs.
(Applause.)
ACTING PRESIDENT MEIER: On the
resolution, all those in favor signify by
4884
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
Welcome to the Senate, gentlemen,
and congratulations.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to the reading of
the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will continue to read the
controversial calendar, in regular order.
THE SECRETARY: Calendar Number
1713, by Senator Flanagan, Senate Print 7628,
an act to amend the Legislative Law, in
relation to lobbying and --
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
4885
1781, by Senator Skelos, Senate Print 7598, an
act to amend the Criminal Procedure Law.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Bruno.
SENATOR BRUNO: Mr. President,
with the consent of the Minority, can we at
this time take up Calendar Number 1781.
SENATOR HASSELL-THOMPSON: Yes.
SENATOR BRUNO: Thank you.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1781.
THE SECRETARY: Calendar Number
1781, by Senator Skelos, Senate Print 7598, an
act to amend the Criminal Procedure 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, 55. Nays,
4886
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1783, by Senator Wright, Senate Print 7601, an
act to amend the Public Authorities Law.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Wright, Senator Liz Krueger has requested an
explanation.
SENATOR WRIGHT: Thank you, Mr.
President.
The bill before us this afternoon
extends the Power for Jobs program,
authorizing the New York Power Authority to
make a voluntary contribution of $10 million
to the program, establishing a rebate program
through the NYSERDA.
And you'll note that this is an
extension of Phases 4 and 5 of Power for Jobs,
which has been the most successful economic
development initiative, providing low-cost
energy to a number of employers across the
state. This particular bill will affect
4887
roughly 300,000 employees employed by those
various positions.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If, through you, the sponsor
would yield, please.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for a question?
SENATOR WRIGHT: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
I think the Power for Jobs program
is a wonderful program. And I think it's
critical that the state continue it. But
this --
SENATOR WRIGHT: Thank you,
Senator. We look forward to your support too.
SENATOR LIZ KRUEGER: Thank you.
But I do have some questions about this bill,
Senator.
I've been contacted by a number of
people, particularly in the not-for-profit
4888
university and hospital areas who are eligible
for NYSERDA, who are concerned that under your
bill it would become a rebate program for
them, which would mean they'd have to pay high
out-of-pocket costs and then wait for the
rebate afterwards.
Why are we going down that road
now, sir?
SENATOR WRIGHT: Well, from the
very beginning, Power for Jobs was intended to
be a means of transitioning from a regulated
monopolistic utility system to a restructured
delivery of electricity.
Over the period of time, we've
encountered a number of difficulties, both
nationally and internationally, within the
energy arena, which has protracted the
transition period. So we've been through
several phases of Power for Jobs.
This last phase is intended to
again move more of the private companies into
the private sector, purchasing their power and
minimizing the amount of subsidy that we would
provide. In doing this, the rebate is an
effective means of doing that, as well as
4889
containing the cost to the state.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
SENATOR WRIGHT: I'll continue to
yield, Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
This bill moves responsibility into
the Urban Development Corporation, or
specifically under control of Charles Gargano.
Why would we take a program that hasn't per se
been politicized and move a successful program
under different authority?
SENATOR WRIGHT: Well, first of
all, I don't believe it's politicized simply
by moving it to the economic development
agency.
And secondly, from the very
beginning, ESDC has reviewed and recommended
on every application for Power for Jobs. The
intent is to identify the economic impact, to
ensure that jobs are being created. And that
4890
is a legitimate and viable role for ESDC.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield?
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
This is a one-year bill, but I
think many of us were hoping that we'd see a
three-year extender for Power for Jobs, and
that we had an expectation that that would
happen before we left session, although
obviously we're on the last day.
Do you know where we are with the
potential for a three-year ongoing extender
for Power for Jobs?
SENATOR WRIGHT: Well, certainly
we will continue negotiations, as we have up
to this point.
This will extend it through the
balance of the fiscal year, which was the
4891
original recommendation as reflected in the
budget presented by the Governor.
We're certainly willing to look at
longer time frames. However, recognizing the
state still faces a deficit, these programs
require subsidy. In turn, the cost is
estimated, under the old format, of some
$55 million. So we reduce that significantly
in this process. And it's simply a question
of how do we pay for it.
The Assembly has advanced the idea
of the three-year extender and simply said the
Power Authority will pay. Well, let's face
it, that's not realistic nor achievable.
So we will continue to negotiate.
And in the meantime, we have the commitment of
a $10 million commitment from the Power
Authority to move ahead.
SENATOR LIZ KRUEGER: Mr.
President, on the bill.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I wish that we were doing the
three-year extender. I recognize that it's a
4892
cost factor to the Power Authority.
And as I raised earlier today with
my objections to the bill that gave the
Defense Department exemptions from their full
cost of power, I'd rather see us expanding and
continuing on an ongoing basis the Power for
Jobs program as we've had it in place, because
it's been a successful, important program, as
you pointed out, affecting potentially 300,000
workers in businesses that draw down from the
Power for Jobs program.
So I won't vote against the bill,
but I do want to go on record as saying we
would be doing a much greater service to the
State of New York and the workers who
currently are in jobs that are helped through
the Power for Jobs program if we were doing a
three-year extender and not making these kinds
of complicated changes in the program that are
potentially going to result in some
organizations and businesses no longer perhaps
being able to participate, and will also
complicate the situation for them since they
will have to pay out high costs in the
beginning and then anticipate a rebate.
4893
Again, I don't think the Power for
Jobs program was broken, so I'm not sure what
we gain by this type of fix. But given my
support for Power for Jobs and ensuring we
continue a program in the State of New York, I
will vote for the bill despite my misgivings.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
This is a successful program that
businesses rely on. And businesses, to make
investments, need certainty. The Assembly has
just reported a three-year extender of the
Power for Jobs program out of Ways and Means.
We should see that bill today. Why we are
passing a bill that extends the program for
one year and makes substantial changes, some
of them quite questionable, in a successful
program, I don't know. I think this only
creates uncertainty.
And I would respectfully suggest
that taking this program -- that actually is
4894
working pretty well -- out of NYSERDA and
putting it under the direction of the economic
development czar can only make the program
more political and less focused on the merits
of enterprises.
And that would be true in any
administration for the person fulfilling that
role; I'm not singling anyone out.
But this is a program that's
successful. We should send a message to the
business community in New York that we are
going to renew successful programs, we are
going to agree with the Assembly for a
three-year extender.
I'm confident we'll see that bill
before the day is out. I suggest we vote no
on this bill, or just lay it aside. And let's
take this program seriously and pass a
three-year extender as the Assembly will do
today.
I'm going to vote no, Mr.
President.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
4895
THE SECRETARY: Section 4. 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 1783 are
Senators Hassell-Thompson, Onorato, Paterson,
Sabini, and Schneiderman. Ayes, 52. Nays, 5.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar Number 1771, Senate Print
7577.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on Calendar Number
1771.
THE SECRETARY: Calendar Number
1784, by Senator Saland, Senate Print 7602, an
act to amend the Education Law.
ACTING PRESIDENT MEIER: Senator
Sabini.
4896
SENATOR SABINI: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Sabini, on the bill.
SENATOR SABINI: I just want to
compliment the chair of the Education
Committee, Senator Saland. This is an example
of how we should do things.
We traveled around the state to
hear from parents, school administrators,
educators on the problem of high-stakes
testing. And what we found was -- as you
should in a hearing, we listened and found out
some very interesting things, including
hearing from the parent of one valedictorian
who didn't get a diploma because she didn't
take one test properly.
We heard the horror stories about
the tests that had to be retaken and regiven
because of mistakes on the test.
And despite what we had -- I had
read from some conservative academia about who
would want to eliminate high-stakes testing --
their contention was it would be students from
urban areas -- instead, what we found was that
4897
the most vocal advocates on this issue were
from school districts like Scarsdale and
Lockport, where parents were very concerned
about what these tests did to their children's
long-term educational prospects.
So I want to thank the chair and
say this is really how we should do business.
Took an issue, listened to people, went around
the state and then made what I think is a good
solution.
So I'll be voting aye.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect July 1, 2005.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1785, by the Senate Committee on Rules, Senate
Print 7608, an act to amend the Tax Law.
SENATOR HASSELL-THOMPSON:
4898
Explanation.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, Senator Hassell-Thompson has
requested an explanation.
SENATOR DeFRANCISCO: This is a
request from the County of Onondaga and the
City of Syracuse to impose a 1 percent
additional sales tax.
The reason for the request was that
we have not reformed Medicaid. The Medicaid
costs to counties are going up astronomically.
We passed a bill to help reform Medicaid, to
bring the costs in some kind of reasonable
control in order to avoid these costs
increasing.
And the reason for the bill is that
the county legislature and the county
executive decided that they needed this
1 percent sales tax to avoid property tax
increases.
There was a delay till towards the
end of the session in getting this bill
because there was a discussion or dispute
between the city and the county as to how that
money should be distributed. That was
4899
fortunately resolved late last week, and we
are on the floor to provide for the 1 percent
sales tax that was requested by the County of
Onondaga.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I'd like to thank the sponsor, or
Senator Rules' assistant, for the explanation.
This legislation really
underscores -- and I'm going to vote yes for
it. The local government wants it. They want
to raise their sales tax. But this
underscores the problem that we've been
discussing here for the last few weeks.
You can't have it both ways. We
cannot continue to expand the size of the
state government and give out goodies to
everyone we want without paying for it. And
if we're not going to raise state taxes, if
we're not going to address the broad-based
taxes that bring in the greatest revenue and
expand them, we're going to be shoving the
costs down to local government.
4900
Our state continues to expand
government at a rapid rate. We continue to
avoid dealing with the issues in terms of
state taxation and state spending. And as a
result, we're passing more costs to local
government, we're making the state more
regressive.
And I urge all of my colleagues
that some approach different than that which
we've been taking here since I've been in the
Senate is required. When I first got here,
every budget that would come out on the floor
would be an expansion of government and
locking in huge, backloaded tax cuts that
primarily benefited the wealthiest
New Yorkers. We cannot continue to do that.
And if we do, these are the
consequences the people of Onondaga County are
going to suffer, the people of the City of
New York are suffering: property tax
increases, even -- net property tax increases,
even with this minor rebate that they
apparently are trying to somewhat mitigate the
problems, and increased sales taxes.
So this is the consequence of our
4901
own failures in Albany. And I realize that
there is substantial pressure building out in
other parts of the state about this issue.
This bill in and of itself, again, we have to
do. We have no choice. The local government
has a gun to its head, as it were.
But we are the people with the
power to take the guns away from their heads.
And I hope that as this session drags on and
as we move forward to whatever special session
we reconvene for, the Medicaid reform Senator
DeFrancisco spoke of will be on the table.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I think the
issue here is the fact that we have not
reformed Medicaid and we've allowed it to
spiral to an uncontrollable rate of increase.
And during the debate on our
Medicaid bill, which was based on hearings
that were held by this house, there were many,
many choices of how we can reform it. And in
a bipartisan way, this house did in fact pass
a bill, a realistic bill -- some called it an
4902
historic bill during the debate on this bill.
But on the other hand is you can't
pass a bill into a law unless both houses do
it. And Senator Meier eloquently spoke on the
floor when we were talking about the Medicaid
bill that the Assembly just put a bill in that
goes into effect, I believe, in the year --
the real effect of it goes in the year 2014.
2014. What would the cost of doing Medicaid
be if we don't have reform for another ten
years?
So I hesitate in supporting this
bill, even though it's requested by our county
executive and our mayor. And the reason I
hesitate is there is a better way to do it.
And the better way to do it is to get a real
bill, a real reform bill, passed by the
Assembly so it can be negotiated and we can
stop this spiraling cost of a system that's
out of control.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4903
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1788, by the Senate Committee on Rules, Senate
Print Number 7619, an act to amend the General
Municipal --
SENATOR SPANO: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Spano.
SENATOR SPANO: Can we take up
Calendar 1713, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1713.
THE SECRETARY: Calendar Number
1713, by Senator Flanagan, Senate Print
7628 --
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Flanagan, Senator Hassell-Thompson has
4904
requested an explanation.
SENATOR FLANAGAN: Thank you, Mr.
President.
This is the Senate's version of the
lobbying bill. And there are a number of
different provisions in the bill which I'll
explain as succinctly and briefly as possible.
There are changes starting with
raising the threshold on reporting from $2,000
to $5,000. We give extra discretion to the
commission in terms of how they deal with
penalties.
A brief explanation as to why that
is. Sometimes you can have a situation where
someone unknowingly can be subject to a fine
of upwards of $2,500, and their compensation
maybe even less than that, substantially less
than that. So by the time they get notified,
they're in a no-win situation.
This allows the commission to take
a look, use common sense, hopefully all the
time, but certainly in this instance to see if
the penalty provisions should apply in a
different way.
We also provide certain latitude
4905
for first-time people who have failed to file.
There's a 15-day cure provision. It's not for
somebody who routinely appears or who has been
subject to the commission before. It's sort
of a first-time break for someone who may just
not be aware of the appropriate guidelines and
standards that are in place.
The composition of the commission
has changed; we go from six members to eight
members. We also create an advisory council
on procurement lobbying, define municipal
state and procurement lobbying.
And we took out a couple of things
from our discussion of last year that I think
are important to note. There were some
objections to a judicial commission that we
had placed in this legislation. That's out.
There were some objections to the language
going from "knowing" and "intentional" to
"willful," changing some of the verbiage.
That's also out.
So there are some changes that have
been adopted from last year.
And that's it, Mr. President.
ACTING PRESIDENT MEIER: Read the
4906
last section.
I'm sorry, hold on. Senator Liz
Krueger.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would please yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield for a question?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I appreciate the explanation from
the sponsor. And in fact, there are some good
things in this bill, and it's a significant
improvement over last year. I'm very glad to
say that up front. But it still leaves me a
number of questions to ask.
Would this bill include lobbying of
the Governor or issues that relate to his
passing of Executive orders?
SENATOR FLANAGAN: No.
SENATOR LIZ KRUEGER: No, okay.
Thank you.
4907
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
As was talked about in your memo to
your bill, the critical issue is particularly
contracting out of monies by the state for
purchase of things, contracts of state money.
And a significant percentage of the monies
that the state spends are not actually through
on-budget agencies but through procurement
contracts from public authorities, IDAs and
public corporations.
Does this bill include procurement
through those off-budget agencies?
SENATOR FLANAGAN: Yes, we
reference "state agency." And if you look in
the Legislative Law under the definition of
"state agency," it includes IDAs, public
authorities, public benefit corporations.
I think everything that you would
4908
have a concern about or anyone would have a
concern about is defined in that section of
the law.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Glad to see that.
Does this bill include coverage of
procurement that would involve casinos or
gaming activities in the State of New York,
particularly since your bill does address land
use and land transfer as well as the actual
sale or purchase or contracting of items?
SENATOR FLANAGAN: No.
SENATOR LIZ KRUEGER: So it would
not affect casinos or gaming. Thank you.
Mr. President, through you, if the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
4909
Flanagan, do you yield?
SENATOR FLANAGAN: Yes, sir.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
In the language of your bill it
excludes from the definition of officers or
employees of actual or prospective vendors
"contractors or subcontractors who communicate
with state or local contracting officers in
the regular course of procurement activities."
My concern is that the same people
who serve as lobbyists for said companies
might also have an equivalent co-job
description to be the same person or entity
communicating with the contracting officers.
How do we deal with the fact that
if you say you're communicating as a regular
course of procurement activities, that you
also may be the lobbyist or working for the
same firm? How do you separate out those two
in your bill?
SENATOR FLANAGAN: Well, first of
all, I would say the language references
officers and employees. I don't think a
4910
lobbyist is an employee of a company. I would
say they're in the realm of an independent
contractor, at best.
And if you're asking in terms of
legislative intent, I would make it very clear
that we don't think -- there would be a
distinction in that case.
SENATOR LIZ KRUEGER: Okay.
Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Then, about
three paragraphs down in the same bill, in the
same section, it talks about excluding from
this definition their "technical and
professional advisors who are charged with the
performance of functions relating to
contracts."
Let's pose the same question. How
would we separate out those technical and
4911
professional advisors from people who again
might be the same people or work for the same
firms although they're lobbyists? Because in
that case it's not an employee of the
contractor, it's a professional or a technical
advisor to the agency contracting with the
state.
SENATOR FLANAGAN: Correct.
SENATOR LIZ KRUEGER: I'm sorry,
Mr. President, if, through you, the sponsor
would continue to yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
So in your bill, if I was serving
as the technical or professional advisor to a
company contracting with the state, but I also
might be the lobbyist for that company or an
affiliate in the same group of lobbyists, that
would be recognized as an excluded category in
your bill?
SENATOR FLANAGAN: I want to make
4912
a basic, fundamental point. If you're
lobbying, you're lobbying on behalf of a
company, we want you covered.
I don't think there's any attempt
to exclude someone who is actively lobbying,
someone who files with the Lobbying
Commission, someone who's actively engaged in
work on behalf of a particular company.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if, through you, the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
It excludes from the definition of
people who would have to report as lobbyists
in this bill those who have no ability or
authority to influence the awarding of
contracts.
How do you know who has the ability
to influence the awarding of a contract in the
action of a definition therein?
4913
SENATOR FLANAGAN: Well, two
things in particular. This language is
modeled after the -- I think it's the New York
City Administrative Code. So it's virtually
identical, if not identical, to language that
affects the City of New York right now.
I'm not sure -- I would think it
would be pretty clear in terms of an agency as
to who is responsible for the awarding of
contracts.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: I don't
think the debate is within the who has the
authority to award contracts. The debate I
have is with the question of who has the
ability to influence the awarding of
contracts.
So if I might, as an example --
4914
well, it's a touchy one in this house --
Senator Velella was -- recently pled guilty on
a number of examples where he was influencing
the contracts given by state agencies to
various firms.
Technically, those contracts were
not going through the legislative process, and
one might argue that no one in the Legislature
had a clear, official role in influencing the
decisions of those agencies to award those
contracts. And yet, as the story unfolded,
that is exactly what happened, that someone
who would not perhaps clearly be in a position
to influence the awarding of contracts did
influence the awarding of contracts.
And while, in fact, in the end
analysis that was found to be illegal activity
because of the payments transferred, it raises
the red flag for me of how we define who
actually can be influencing the awarding of a
contract.
And it concerns me that we don't
have a more explicit definition or that we
allow that to be exempt from the definition of
procurement lobbying in your bill.
4915
SENATOR FLANAGAN: Well, I would
offer a couple of observations.
Number one, again, I would repeat
that this is consistent with provisions that
exist in the City of New York. And to the
best of my knowledge, they seem to be working.
Number two, what we're aiming at
here is procurement lobbying. We have a very
clear definition right in the beginning of the
bill that talks about what we want to cover.
And I don't think your standards
are any different from my standards or any
other member of this house. We all want to
make sure that there are rules of fair play,
disclosure. And in the unlikely instance or
in the unusual instance where someone does
abrogate the rules, they should be held
accountable.
SENATOR LIZ KRUEGER: Mr.
President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Flanagan, do you yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
4916
sponsor yields.
SENATOR LIZ KRUEGER: I do agree,
I think we have the same goals here. I just
think I have concerns about the language in
the bill.
Last year when we had this debate
on your earlier bill, I asked you whether your
bill would cover the type of situation where
Senator Al D'Amato was paid $500,000 for a
phone call to the MTA in relationship to a
land acquisition or a land transfer.
Is it your understanding that in
this bill, that type of lobbying activity
would be covered as procurement lobbying and
that that would have to be reported now?
SENATOR FLANAGAN: Absolutely.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Briefly on the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Liz Krueger, on the bill.
SENATOR LIZ KRUEGER: I
apologize, I had one additional question, if
the sponsor would kindly yield.
ACTING PRESIDENT MEIER: Senator
4917
Flanagan, do you continue to yield?
SENATOR FLANAGAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor very patiently yields.
SENATOR LIZ KRUEGER: Thank you.
Thank you, Senator.
The Assembly has already passed
their A9062, the lobbying bill that was passed
last year and has been passed again this year.
Is it your understanding that they might be
taking up a same-as bill with your S7628 this
session?
SENATOR FLANAGAN: Hopes springs
eternal, Senator Krueger. I would love to be
able to prevail upon Assemblyman Grannis to
see the wisdom and the merits of this piece of
legislation.
So, in all sincerity, I've had
discussions with him over the course of the
last couple of days. My fervent hope, I think
along with many other people in this chamber,
is that we can effectuate some type of
compromise.
I think the people of this state
would be well served by passing this bill as
4918
is and having a chapter. But if there are
those who feel differently and something needs
to be negotiated to effectuate a compromise, I
think we stand ready to do that.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, on the bill.
I have to say I'm encouraged that
we have this bill. It's been significantly
changed from last year.
I have concerns, as I've raised. I
think there are still several unanswered
questions in the bill and in some of the new
changes in the bill, including I wish we had
more clarification of who's defined as being
in a position of influence, who may or may not
be playing a specific role in relationship to
the contracts with the agencies, given what
their titles may or may not be in their
corporations.
I'm concerned that we still find
ourselves in a situation where we might not
clearly be able to understand who is
intervening in a procurement decision and
whether or not that's considered appropriate
with or without reporting to the Lobbying
4919
Commission.
I agree with Senator Flanagan on
expanding the 15-day cure and to recognize
that some people will just get it wrong, at
least initially, and we want to give them an
opportunity to clarify the situation.
But I'm also concerned that unless
we have a bill in both houses that is the same
bill, we're not moving forward, we're just
talking about lobbying reform. And as I had
called on us to have a conference committee
between the two houses on lobbying reform
months and months ago, I'm disappointed that
on officially the last day of the session we
have not had a conference committee between
the two houses. We still have two different
bills.
Last year we believed up until the
very last minute of the very last night of
session that we had a three-way agreement on
the bill that the Assembly continues to carry
and pass.
And so I am still hesitant about
whether to support or not support this bill,
because of my desire for us to move forward on
4920
lobbying reform and my frustration that I
don't think this is the ideal bill.
So I'm going to withhold my
decision pending a few other questions from my
colleagues.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
I do have some questions, but I'm
not going to address them to the sponsor
because, in all honesty, I think he's answered
as sincerely as he can. I don't think he can
answer the questions.
The question is when you have an
effort to reform the status quo in this town,
there are a lot of people who do not want that
reform to go through. And when you have an
effort to do something as essential as
limiting the power of lobbyists, restricting
the access of lobbyists to legislators and to
the members of government agencies that make
so many decisions about the billions of
dollars that are entrusted to our care by the
4921
taxpayers, there are a lot of people who don't
want to see such reforms go through.
And based on my understanding of
the position of the Assembly now, I'm afraid
that what we're doing today is what we did
last year. The Assembly has passed a lobbying
reform bill. They are not going to pass this
bill in its present form. It is the last day
of session. By passing a bill different than
the Assembly's, we are now killing lobbying
reform for another year.
Now, as fate would have it, this
year we're in a session that doesn't appear to
really be about to end. So Senator Flanagan's
hope, which is now only a hope, may yet be
fulfilled. But it's only going to be
fulfilled if we stop this process of
pretending we're for lobbying reform and
passing one-house bills.
There are people who have influence
in the Assembly who do not want lobbying
reform. There are people who have influence
in this house who do not want lobbying reform.
We all understand that this is about changing
the way business is done in Albany, and the
4922
people who are profiting from the way business
is done in Albany don't want change.
So, my colleagues, I would urge
you -- I'm actually going to vote no, although
this bill is substantially improved, is a
substantial improvement over what was passed
by this house last year. But I'm going to
vote no because this is the last day of
session. We've had since February, when the
Assembly made its bill clear, to work
something out. As Senator Krueger said, we
could have had a conference committee.
And I'm afraid that with all the
other issues that we're going to attempt to
resolve when we come back and do a special
session, the easiest issue to be left by the
side of the road is the one that the most
people in this town do not want to see come to
the floor, which is lobbying reform.
So unfortunately -- and I commend
Senator Flanagan for his hope. You know, if
you don't have hope, you can never get
anything done. But for this year, my hope of
actual lobbying reform and procurement reform
and the reforms that are so vitally needed
4923
here is very, very dim.
I think what we're doing today is
what we did last year. I'm glad we're doing
it in daylight and not in the middle of the
night, as we did last year. But we're passing
two one-house bills, and we're leaving Albany
one more year with no lobbying reform.
So I'm going to vote no. I hope
that soon, someday, perhaps a special session
this year, we will have the opportunity to
vote on a bill that Senator Flanagan and his
counterparts in the Assembly have agreed on.
But in the absence of that, I cannot in good
conscience endorse one more year of bills that
pass each other in the night so we can go home
saying we passed lobbying reform, the Assembly
can go home and say they passed lobbying
reform, and the truth of the matter is we know
we haven't done it at all.
I'm going to vote no, Mr.
President. Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect immediately.
4924
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1713 are
Senators Hassell-Thompson, L. Krueger,
Onorato, Sabini, and Schneiderman. Ayes, 52.
Nays, 5.
ACTING PRESIDENT MEIER: Senator
Flanagan.
SENATOR FLANAGAN: To explain my
vote, please.
ACTING PRESIDENT MEIER: Senator
Flanagan, to explain his vote.
SENATOR FLANAGAN: Mr. President,
just briefly.
I certainly pay close attention to
the comments of my colleagues, particularly
those of Senator Schneiderman, in relation to
this legislation.
I can only tell you what I know
personally. I'm not going to speak for
others. And I do know this. In the course of
my first term here in the Senate, I have
always believed that Senator Bruno, in
4925
particular, has been an ardent advocate for
some type of reform.
Do I wish we could get it done in
April, do I wish we could get it done in
January and have a chapter? Absolutely. Do I
think we've made substantial progress since
last year? I do think we have. I am having
ongoing discussions.
And on a personal level, I really
would like to see this happen. I would like
to see some effective change and reform in the
way the state does business. Because it
affects all of us, it affects our
constituents, it affects our credibility as
legislators and as representatives of the
people.
So certainly as a member of the
Majority in this house, and working with
Senator Bruno, I firmly believe that he is
fully on board with achieving reform, and I do
believe that before year's end we can get that
reform chaptered and signed into law.
Thank you.
ACTING PRESIDENT MEIER: Senator
Flanagan will be recorded in the affirmative.
4926
The bill is passed.
Senator Spano.
SENATOR SPANO: Can we return to
motions and resolutions. I understand there's
some housekeeping at the desk.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator DeFrancisco.
SENATOR DeFRANCISCO: On behalf
of Senator Padavan, I move to amend Senate
Bill 5931B by striking out the amendments made
on 6/16 and restoring it to its previous print
number, 5931A.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR DeFRANCISCO: I wish to
call up Senate Print Number 7599, recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1782, by Senator Padavan, Senate Print 7599,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
4927
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr.
President, I now move to reconsider the vote
by which the 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, 57.
ACTING PRESIDENT MEIER: The bill
is before the house.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I now move
that the Senate bill have its third reading at
this time.
ACTING PRESIDENT MEIER: The bill
will have its third reading, and the Secretary
will record the same vote as when the bill was
previously voted upon.
THE SECRETARY: Calendar Number
1782, by Senator Padavan, Senate Print 7599,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
4928
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Stavisky.
SENATOR STAVISKY: Mr. President,
with unanimous consent, I wish to be recorded
in the negative on Calendar 1713.
ACTING PRESIDENT MEIER: Without
objection, Senator Stavisky will be recorded
in the negative on Calendar 1713.
Senator Spano.
SENATOR SPANO: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator.
SENATOR SPANO: I ask that they
be made at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
4929
THE SECRETARY: On page 39,
Senator Kuhl moves to discharge, from the
Committee on Rules, Assembly Bill Number 10323
and substitute it for the identical Senate
Bill Number 2504, Third Reading Calendar 1330.
On page 42, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10496A and substitute it
for the identical Senate Bill Number 6674A,
Third Reading Calendar 1397.
On page 43, Senator Padavan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11070A and substitute it
for the identical Senate Bill Number 2731A
Third Reading Calendar 1478.
On page 48, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11075A and substitute it
for the identical Senate Bill Number 7530A,
Third Reading Calendar 1756.
On page 48, Senator Little moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11368 and substitute it
for the identical Senate Bill Number 7558,
Third Reading Calendar 1765.
4930
And on page 48, Senator Little
moves to discharge, from the Committee on
Rules, Assembly Bill Number 11369 and
substitute it for the identical Senate Bill
Number 7560, Third Reading Calendar 1767.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Spano.
SENATOR SPANO: Reports of
standing committees.
I understand there's a report of
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 4975B, by Senator
Marcellino, an act to amend the Environmental
Conservation Law;
5681B, by Senator Golden, an act to
amend the Education Law;
6820, by Senator Farley, an act to
4931
amend the Uniform City Court Act;
7327, by Senator LaValle, an act to
amend the Tax Law;
7340A, by Senator Alesi, an act
relating to the establishment;
7407B, by Senator Morahan, an act
authorizing;
7513A, by Senator Spano, an act to
amend the Executive Law;
7572, by Senator Parker, an act to
authorize;
7575, by Senator Seward, an act to
amend the Insurance Law;
7582, by Senator Spano, an act to
amend the Public Health Law;
7585, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law;
And Senate Print 7623, by Senator
Mendez, an act to authorize the City of
New York.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Spano.
4932
SENATOR SPANO: Move to accept
the Rules Committee report.
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 Spano.
SENATOR SPANO: Mr. President,
can we have the noncontroversial reading of
Supplemental Calendar 59A.
ACTING PRESIDENT MEIER: First
let me recognize Senator Andrews.
SENATOR ANDREWS: Yes, Mr.
President. I'd like to request unanimous
consent to be recorded in the negative on
Calendars 1216 and 1713.
ACTING PRESIDENT MEIER: Without
objection Senator Andrews will be recorded in
the negative on Calendars 1216 and 1713.
Senator Spano.
4933
SENATOR SPANO: Can we have the
noncontroversial reading of Supplemental
Calendar 59A.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of Supplemental Calendar 59A.
THE SECRETARY: Calendar Number
1792, by Senator Marcellino, Senate Print
4975B, an act to amend the Environmental
Conservation 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: Those recorded in
the negative on Calendar Number 1792 are
Senators DeFrancisco, Meier, and Nozzolio.
Also Senator McGee. Ayes, 53. Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano.
SENATOR SPANO: Can we have an
4934
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.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1793, by Senator Golden, Senate Print 5681B,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1794, by Senator Farley, Senate Print 6820, an
act to amend the Uniform City Court Act.
ACTING PRESIDENT MEIER: Read the
last section.
4935
THE SECRETARY: Section 4. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1795, by Senator LaValle, Senate Print 7327,
an act to amend the Tax Law.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note 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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1796, by Senator Alesi, Senate Print 7340A, an
act relating to the establishment.
4936
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1797, by Senator Morahan, Senate Print 7407B,
an act authorizing the Town of Clarkstown.
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
4937
THE SECRETARY: Calendar Number
1798, by Senator Spano, Senate Print 7513A, an
act to amend the Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect June 30, 2005.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1800, by Senator Seward, Senate Print 7575, an
act to amend the Insurance Law, in relation to
the definition.
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.
4938
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1801, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 793A and substitute it
for the identical Senate Bill Number 7582,
Third Reading Calendar 1801.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1801, by Member of the Assembly Pretlow,
Assembly Print Number 793A, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 80th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
4939
THE SECRETARY: Calendar Number
1802, by the Senate Committee on Rules, Senate
Print Number 7585, an act to amend the Public
Authorities 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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1803, by Senator Mendez, Senate Print 7623, an
act to authorize the City of New York.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
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.)
4940
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano, that completes
Supplemental Calendar 59A.
Senator Spano.
SENATOR SPANO: Can we return to
Calendar 1788, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1788.
THE SECRETARY: Calendar Number
1788, by the Senate Committee on Rules, Senate
Print Number 7619, an act to amend the
General --
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, Senator Hassell-Thompson has requested
an explanation.
SENATOR SKELOS: Thank you, Mr.
President.
This bill will extend the Empire
Zone program for one year, to July 31, 2005.
During that time, the Legislature will be able
to review the entire system to see what
4941
reforms are needed.
The bill will improve
accountability, including subjecting the local
zone administrative boards to the Public
Officers Law, requiring them to adopt bylaws,
and require the business certificates to be
approved by the full board rather than just
one administrator.
It would require businesses to file
a one-time report specifying their real
property tax credits claim for 2001, 2002, and
2003, and employment numbers, and would apply
the employment test for new businesses to
electric generating utilities.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
This program, which is modestly
reformed by the bill before us, essentially
would be extended into -- with most of its
provisions still intact. The bill does bury
the tax credits. It closes some loopholes.
It has some additional requirements for the
local boards.
4942
But I respectfully submit that more
reform is required. The Empire Zone program
is a program that has lost its moorings.
In August 2003, Good Jobs First, a
Washington-based public policy organization,
issued a report surveying Empire Zone programs
and their counterparts all over the country,
and was highly critical of New York's zone
program for designating zones "in areas with
low unemployment rates" and for "losing its
ability to provide targeted economic relief to
distressed areas."
The problem we've got is that the
Empire Zone program is not any longer getting
into poor neighborhoods, targeting tax relief
to create jobs where they are most needed. We
have lost the principles of contiguity.
Empire Zones can now be spread out over
various areas; they don't even have to be
geographically contiguous. They are not in
the areas of highest unemployment in the
state, and particularly in the City of
New York, which has a significantly much
higher unemployment rate than the state as a
whole.
4943
I would urge my colleagues that for
us to extend a program without addressing
these issues, we're endorsing a policy by
which, out of the 72 zones in the state, there
are only 10 in the City of New York. And
since September 11th, when the city suffered
its worst crisis in history, we have created
no new zones in the City of New York, not even
in Lower Manhattan.
There is a need to reform this
program. The Comptroller of the State of
New York in April issued an extensive report
providing in exquisite detail reforms to
ensure that these programs work, that they
actually create jobs and that businesses are
not getting credit disproportionate to the
jobs they create.
I note that -- and the
Comptroller's report documents all of this --
in one zone a real estate holding company
reported creating one job that paid $10,000.
They made no capital investments, and they
received a real property tax credit of
$137,000.
In another zone in Central
4944
New York, a real estate development company
created one job that paid $26,000, and they
received a property tax credit of $250,000 and
a tax reduction credit of $13,700.
We have to reform a program like
this. This is becoming similar to the
Pentagon's purchasing of $400 wrenches.
It's not easy to get things done at
this point in the session, I understand, and
agreement with the Assembly is difficult at
this point. I know that Senator Bruno has
stated that we're going to work even when
we're not in session to try and resolve a lot
of issues before we come back to pass a budget
and do other things.
But I would urge my colleagues that
this bill falls far short of the reform that
is required for the Empire Zone program, that
this program should not be renewed without
these reforms, and that particularly for any
of my colleagues in the City of New York, the
abuse of the city by those that administer the
Empire Zone program and by the designation
process for the program must end.
So I'm going to vote no. I hope
4945
that we're going to come up with something
better than this when we come back for
whenever the next one of our floating sessions
is. But this legislation falls far short of
the reforms that are required.
Let's not have a program that is
ranked among the worst in the country by a
national survey. Let's have a program worthy
of the term "Empire." Let's pass a better
reform bill.
I'm going to vote no, Mr.
President.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President,
will the sponsor yield for a question.
SENATOR SKELOS: Yes.
SENATOR McGEE: Thank you.
Senator Skelos, can you tell me --
I know that some of the contact or some of the
talk has been that there's a specific number
of jobs that have to be created. I think in
one print there was a --
SENATOR SKELOS: No, there are no
specific amount of jobs that have to be
4946
created.
SENATOR McGEE: Good.
And how about -- I guess I want to
know, is there expansion of the zones? In
other words, in a rural area we need to be
able to have the flexibility to be able to
expand, to not necessarily be contiguous,
et cetera, et cetera. Is that still in here?
SENATOR SKELOS: This bill holds
the program in place.
As you know, Senator McGee, it's
been Senator Bruno and the Majority's position
that there should be at least on Empire Zone
in every county, and that we are -- remember,
with the Next Gen task force we talked about
more flexibility throughout the state in
designating Empire Zones. But this is really
just an extension of the program.
SENATOR McGEE: That's good.
Thank you very much.
I do agree that there has to be an
accountability of Empire Zones, but I do know
that Empire Zones in a rural area are
extremely important to us. And in an Empire
Zone, one size does not necessarily fit all in
4947
every county that we have in the State of
New York.
And I would encourage this
Legislature to move forward to make sure that
every county in the State of New York has an
Empire Zone and puts us all on an equal
footing. Thank you.
ACTING PRESIDENT MEIER: Senator
Liz Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Briefly on the bill. Thank
you, with your permission.
I can't believe that we want to
extend this program for another year. It's a
public embarrassment to the State of New York.
I've participated in hearings
around the questions around the Empire Zones.
Senator Schneiderman mentioned just a few of
the disturbing findings.
To sum it up, the State of New York
may or may not be spending $400 million a year
on the Empire Zone program. I say "may be"
because what we've learned is under the
program as it stands now, the agency
overseeing the Empire Zones, the Economic
4948
Development Corporation -- ESDC, Empire State
Development Corporation, excuse me, doesn't
even keep track of the tax deductions and
credits going out because that's handled by a
separate state agency, Tax and Finance. And
they don't even have a database that compares
notes with each other on this program.
We know we're desperate for funds,
we talk about it all the time. We propose
cuts to other vital services. We don't expand
money for critical programs in the State of
New York. We can't resolve education funding
or health care funding. And yet we're
prepared to continue for another year a
program that may be in fact wasting up to
$400 million of the taxpayers' money by
continuing this program.
I have a bill called "Corporate
Accountability." It has not been taken up on
the floor of the Senate, but even absent
Empire Zone specific reforms, it would ensure
that any time a company in the State of
New York got any kind of tax credit, tax
exemption, contract, or deal with the State of
New York, it would have to record that
4949
information in a formal specific way, everyone
would have to follow the same rules, the data
would be collected as part of the budget
process. There would be transparency, the
public would know who was getting our money or
who were getting tax exemptions, we would know
and be able to hold accountable those
corporations who made deals with the people of
the State of New York but then apparently
failed to follow through.
It's a simple proposal that could
dramatically improve accountability and
transparency in job creation, job retention,
and economic development models throughout the
State of New York, not just Empire Zones.
Even if we couldn't come to
agreement on all the various proposals for
changes in the Empire Zone program, I would
argue we could have moved that bill forward,
which would help protect us all in the absence
of satisfactory resolution to the Empire Zone
program.
While I rarely would argue we're
better off letting a program sunset when we
can't agree between the two houses, I would
4950
argue that the State of New York would be
better off letting this program sunset than
continue under this proposal, which does not
reform the program.
I'll be voting no.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam President,
I hesitate to get into what I truly believe to
be political debates. But I think I have to
say something, because the Empire Zone issue
is a fascinating issue.
It's saved thousands and thousands
of jobs. But it's a classic example -- a
Democrat Assemblyman from downstate, this is a
friend of mine, has been running around the
state telling everybody about how terrible
this program is, it hasn't saved any money, it
hasn't saved any jobs. And he repeats about
the fact that many of these companies haven't
reached their level of jobs that they promised
to approve.
Fails to mention a couple of small
problems -- like 9/11, like a recession, the
4951
fact that companies -- and I can cite you a
bunch of companies in my district, and we're
now looking at them. And they're asking for
more money, and they're not being given it
because of the fact they haven't reached the
number of jobs.
But the reason you never heard this
before is because they did before. But then
came 9/11, the greatest hit on New York's
economy in the history of the country. We are
still reeling from it -- we're much better;
we're coming back -- and the recession that
followed, because the initial recession was
nothing compared to what happened after 9/11.
You know that we had $5 billion
surplus the day 9/11 occurred? $5 billion.
Within six months we were at ground zero, and
with another six months we had a $10 billion
deficit.
Now, the problem here is I want to
challenge anyone to tell me -- several
companies in my district are now being
challenged about their money. But I have
asked several of the unions in my area, and
I'm very close to many of the unions, Do you
4952
want us to pull that money back and have them
leave the state? Is that what you want? Oh,
no, no, no, we don't want to do that.
Well, that's what some of them are
saying; if we pull back on our commitments,
they'll leave the state. Of course we're
telling them, You're not getting any more
money, that's for sure. And if you don't come
up in the next year or so with some additional
jobs -- which most of them are now, because
the economy is really coming back.
My region, by the way, is doing
much better than most of the regions of the
state -- doing better, in many ways, than
New York City. And the reason has to do with
the stories in the paper saying New York City
is producing more jobs than -- well, they have
to. They were down way below everybody else.
New York City had a 10 percent unemployment
rate for a considerable period of time. We've
never had that in Western New York during this
last three or four years, even though 9/11 hit
us also.
I think the problem here is -- and
I understand most of these Empire Zones are in
4953
Republican districts upstate. So the politics
of it is you say this is a terrible program,
it's awful.
Of course, you go back a few years
before 9/11, you'll find out the Empire Zones
were doing extremely well. But since the
recession -- national. It isn't local, it's
national companies that are having the
problems.
And by the way, it's not taxes and
all that stuff. It's -- many of the companies
in Western New York, I've gone to them and
said: What's the problem? They said: Wages.
The problem is that New York's wages are
higher than many areas -- certainly in the
world -- in the country.
And then they say we've got to
reduce workers' comp rates. Is that because
workers' comp rates are so outrageous? Well,
they are outrageous when the wages are high.
The point I'm trying to make is I
understand it's good politics to attack Empire
Zones. It's especially good politics when you
don't have to deal with it in an individual
basis. But the truth is that Empire Zones
4954
have saved thousands of jobs across the state.
And there is an accountability
issue since the recession, and we're trying to
deal with it. I've got one company in my
district that brought on 350 jobs instead of
500, and they've been challenged to give the
money back. Of course they say if they give
the money back, then they may pull out. And
we're saying, well, at least you got to give
some of it back.
So there are a lot of incidents
going on right now where companies are being
looked at in terms of what they wanted to
produce or said they were going to produce
versus what they have produced.
The problem that my good friend
from downstate didn't do, he looked at it from
way back. He hasn't paid any attention since
then. Because things have changed in many
places. The truth is the Empire Zones are now
doing better.
And some of these companies we are
hoping against hope can produce the numbers
that they said. But if they don't, then
something has got to be done. And we know
4955
that.
But let me just say the difficulty
is you want to bring this state into big
trouble? Get rid of the Empire Zone program.
Get rid of it. And that will cripple upstate
New York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1788 are
Senators Dilan, Duane, L. Krueger, Onorato,
Paterson, Sabini, Schneiderman, A. Smith, and
Stavisky. Ayes, 48. Nays, 9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Seward.
SENATOR SEWARD: Yes, Madam
President. I would ask for unanimous consent
to be recorded in the negative on 1771 that
passed earlier today.
4956
ACTING PRESIDENT McGEE: Without
objection.
Senator Dilan.
SENATOR DILAN: Yes, Madam
President, I request unanimous consent to vote
in the negative on 1713, Senate Print S7628.
ACTING PRESIDENT McGEE: Without
objection.
Senator Spano.
SENATOR SPANO: Madam President,
can we return to reports of standing
committees.
I understand there's a report of
the Finance Committee at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Johnson,
from the Committee on Finance, reports the
following nominations:
As a member of the Metropolitan
Transportation Authority, James L. Sedore,
Jr., of Fishkill.
As a member of the New York State
Bridge Authority, James P. Sproat, of
LaGrangeville.
4957
As members of the Rochester-Genesee
Regional Transportation Authority, Allen S.
Bernstein, of Rochester, and James H. Redmond,
of Rochester.
As a member of the Port of Oswego
Authority, Steven W. Thomas, of Oswego.
As a member of the Board of
Trustees of the City University of New York,
Joseph J. Lhota, of Brooklyn.
As members of the Board of Trustees
of Cornell University, Jerold R. Ruderman,
Esquire, of Scarsdale, and Richard J.
Schwartz, of New York City.
As a public member of the State
Banking Board, Jeffrey Hwang, of New York
City.
As a member and chairperson of the
Freshwater Appeals Board, Rhonda K. Amoroso,
Esquire, of Garden City.
As a member of the Long Island
State Park, Recreation and Historic
Preservation Commission, Herbert M. Balin,
Esquire, of Bay Shore.
As members of the Mental Health
Services Council, Edwin Ginsburg, D.M.D., of
4958
Great Neck, and Richard Nelson Rosenthal,
M.D., of New York City.
As members of the State Hospital
Review and Planning Council, Richard Nelson
Rosenthal, M.D., of New York City, and Ingrid
Jimenez, of Flushing.
As a member of the Board of
Visitors of the Agricultural and Industrial
School At Industry, Karla F. Boyce, of
Pittsford.
As a member of the Board of
Visitors of the Capital District Psychiatric
Center, Richard Jackson, Jr., of Averill Park.
As a member of the Board of
Visitors of the Richard H. Hutchings
Psychiatric Center, Myrlene M. Jones, of
Syracuse.
And as a member of the Board of
Visitors of the New York State Home for
Veterans and their Dependents at Oxford, Wilma
T. Champlin, of Downsville.
ACTING PRESIDENT McGEE: The
question is on the confirmation of the names
and officers as read by the Secretary. All
those in favor signify by saying aye.
4959
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Those
mentioned by the Secretary are hereby
confirmed in their respective offices.
Senator Spano.
SENATOR SPANO: Can we stand at
ease, Madam President.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:25 p.m.)
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Yes, Madam
President. Would you please recognize Senator
Seward.
ACTING PRESIDENT McGEE: Senator
Seward.
SENATOR SEWARD: Thank you, Madam
President.
I would request unanimous consent
to be recorded in the negative on Calendar
4960
Number 1792, that passed earlier today when I
was unavoidably out of the chamber.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT McGEE: Senator
Robach.
SENATOR ROBACH: Madam President,
would you recognize Senator Malcolm Smith,
please.
ACTING PRESIDENT McGEE: Senator
Malcolm Smith.
SENATOR MALCOLM SMITH: Thank
you, Madam President. I request unanimous
consent to be recorded in the negative on
Calendar Number 1713, S7628.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MALCOLM SMITH: Thank
you.
ACTING PRESIDENT McGEE: Senator
Robach.
SENATOR ROBACH: Madam President,
for the information of the members, we will be
taking up a supplemental active list in about
4961
five minutes.
ACTING PRESIDENT McGEE: The
Senate will continue to stand at ease for
about five minutes.
Thank you.
(Whereupon, the Senate reconvened
at 3:03 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could take up the supplemental active
list at this time, noncontroversial.
ACTING PRESIDENT McGEE: The
Secretary will read the supplemental active
list, noncontroversial.
THE SECRETARY: Calendar Number
427, by the Assembly Committee on Rules,
Assembly Print Number 11167, an act to amend
the Eminent Domain Procedure Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
4962
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
633, by Senator Kuhl, Senate Print 6073A, an
act to amend the Penal Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
660, by Member of the Assembly Gantt, Assembly
Print Number 3545, an act to amend the
Judiciary Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4963
act shall take effect on the first of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
922, by Member of the Assembly Canestrari,
Assembly Print Number 7143A, an act to amend
the Education Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
979, by Senator Padavan, Senate Print 5931A,
an act authorizing the City of New York.
ACTING PRESIDENT McGEE: There is
4964
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1233, by Member of the Assembly McLaughlin,
Assembly Print Number 2645B, an act to amend
the Executive Law and others.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4965
1235, by Senator McGee, Senate Print 7116, an
act to amend the State Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Spano recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1239, by Member of the Assembly McEneny,
Assembly Print Number 996A, an act to amend
the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
4966
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1262, by the Assembly Committee on Rules,
Assembly Print Number 10814A, an act to adjust
certain state aid payments.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1359, by Senator Fuschillo, Senate Print
7108A, an act to authorize the Neighborhood
Assembly of God of Nassau.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
4967
there is a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Bonacic recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1397, by Member of the Assembly Manning,
Assembly Print Number 10496A, an act to amend
the Tax Law.
4968
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1478, by the Assembly Committee on Rules,
Assembly Print Number 11070A, an act to
authorize the Commissioner of General
Services.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
4969
is passed.
THE SECRETARY: Calendar Number
1566, by the Senate Committee on Rules, Senate
Print Number 7466, an act to amend the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1567, by the Senate Committee on Rules, Senate
Print Number 7467, an act to amend the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect July 1, 2004.
4970
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1653, by Senator Larkin, Senate Print 7398, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1658, by the Senate Committee on Rules, Senate
Print Number 7461, an act authorizing the City
of New York.
ACTING PRESIDENT McGEE: There is
4971
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1765, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11368, an act to amend the Local
Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
4972
THE SECRETARY: Calendar Number
1766, by Senator Little, Senate Print 7559, an
act to amend the Public Officers Law.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
4973
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1767, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11369, an act to amend the Town Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1773, by Senator Nozzolio, Senate Print 7584,
an act to reopen Plan 384D of the New York
State and Local.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message at the desk?
4974
ACTING PRESIDENT McGEE: Yes,
there is a message.
SENATOR SKELOS: Move to accept
the message of necessity.
ACTING PRESIDENT McGEE: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
There is a home-rule message at the
desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos, that completes the
4975
reading of the supplemental active list.
SENATOR SKELOS: Thank you, Madam
President.
There's going to be a Rules
Committee meeting at 3:20, and at this time
the Senate will stand at ease.
ACTING PRESIDENT McGEE: Rules
Committee meeting at 3:20 in the Majority
Conference Room.
At this time the Senate will stand
at ease.
Oh, I'm sorry. Senator Spano.
SENATOR SPANO: Please recognize
Senator Duane.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
If I may have unanimous consent to
be recorded in the negative on Calendar
Numbers 1653 and 1766.
ACTING PRESIDENT McGEE: Without
objection.
Senator Wright.
SENATOR WRIGHT: Thank you, Madam
4976
President.
I request unanimous consent to be
recorded in the negative on Calendar Number
1790, Senate Print Number 7621.
ACTING PRESIDENT McGEE: Without
objection.
Senator Spano.
SENATOR SPANO: The Senate will
stand at ease.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:14 p.m.)
(Whereupon, the Senate reconvened
at 3:38 p.m.)
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could please call up Senate Print 1746.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Calendar Number
1746, by Senator Marcellino, Senate Print
7399B, an act to amend the Environmental
Conservation Law and the State Finance Law.
4977
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT BONACIC: Senat
or Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT BONACIC: There
is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT BONACIC: All in
favor of accepting the message of necessity
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
message is accepted.
The Secretary will read.
And thank you, Senator Skelos.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT BONACIC: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
4978
ACTING PRESIDENT BONACIC: The
bill is passed.
Senator Marcellino, why do you
rise?
SENATOR MARCELLINO: To explain
my vote.
ACTING PRESIDENT BONACIC:
Senator Marcellino, to explain his vote.
SENATOR MARCELLINO: Mr.
President, this bill -- mercury is a
persistent and toxic pollutant, as we all
know, and this bill will help take it out of
the mainstream and help take it out of the
waste stream. And that's a good thing.
This bill contains specific
provisions that would require the DEC to
accept labels on mercury-containing products
that have been approved by other states with
mercury labeling statutes.
This provision extends to those
states that have approved alternative labels
if the label meets the requirements of this
bill. A very important point that I wanted to
make sure that we got on the record so that we
are clarified on the intent of this particular
4979
piece of legislation.
Thank you, Mr. President.
ACTING PRESIDENT BONACIC: Thank
you, Senator Marcellino.
Senator Marcellino in the
affirmative.
The bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk.
I ask that it be read at this time.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1309, by Senator
Brown, an act to amend the Vehicle and Traffic
Law;
1831A, by Senator Maltese, an act
to amend the General Municipal Law;
2755B, by Senator Spano, an act to
amend the Social Services Law;
4980
2899, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
3208A, by Senator Robach, an act to
amend the Civil Service Law;
4980C, by Senator DeFrancisco, an
act to amend the Family Court Act;
5361C, by Senator LaValle, an act
to amend the Education Law;
5385A, by Senator Spano, an act
authorizing;
5757A, by Senator Golden, an act to
amend the Agriculture and Markets Law;
5874, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
6324, by Senator Maltese, an act to
amend the Workers' Compensation Law;
6450A, by Senator Volker, an act to
amend the General Municipal Law;
6479A, by Senator Spano, an act to
amend the Executive Law;
6519, by Senator Spano, an act to
amend the Criminal Procedure Law;
6700, by Senator Golden, an act to
4981
amend the Private Housing Finance Law;
7053, by Senator Hannon, an act
authorizing;
7154, by the Senate Committee on
Rules, an act to amend the Civil Service Law;
7184A, by Senator Padavan, an act
to amend the Local Finance Law;
7230, by Senator Maziarz, an act to
amend the Environmental Conservation Law;
7239, by Senator Mendez, an act to
amend the Private Housing Finance Law;
7309, by Senator Nozzolio, an act
to amend the Highway Law;
7384, by Senator Spano, an act to
provide;
7432, by Senator Golden, an act to
authorize;
7457, by Senator Golden, an act to
amend the Retirement and Social Security Law;
7517, by Senator Volker, an act to
amend Chapter 605 of the Laws of 2000;
7548, by Senator Leibell, an act to
amend the Correction Law;
7566, by the Senate Committee on
Rules, an act to amend the Village Law;
4982
7594, by the Senate Committee on
Rules, an act to amend a chapter of the Laws
of 2004;
7615, by the Senate Committee on
Rules, an act to amend the State Finance Law;
7626, by Senator Golden, an act in
relation to enacting;
7631A, by Senator Golden, an act to
amend the Agriculture and Markets Law;
7637A, by Senator Johnson, an act
to amend the Environmental Conservation Law;
7639, by Senator Volker, an act to
amend the General Obligations Law;
7640, by Senator Little, an act to
amend the Town Law;
7641, by Senator Volker, an act to
amend the Executive Law;
And Senate Print 7642, by Senator
Rath, an act to amend the Family Court Act and
others.
All bills ordered direct to third
reading.
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Move to accept
4983
the report of the Rules Committee.
ACTING PRESIDENT BONACIC: All in
favor of accepting the report of the Rules
Committee will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC:
Opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could now stand at ease once again.
ACTING PRESIDENT BONACIC: The
Senate will stand at ease.
Thank you.
(Whereupon, the Senate stood at
ease at 3:45 p.m.)
ACTING PRESIDENT BONACIC:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to motions and resolutions,
I believe there's a resolution at the desk by
Senator Larkin.
If we could have the title read and
4984
move for its immediate adoption.
ACTING PRESIDENT BONACIC: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 5802,
honoring Boy Scouts of America Troop 118 of
Cornwall, New York, upon the occasion of its
25th anniversary.
ACTING PRESIDENT BONACIC: All in
favor of the resolution please say aye.
(Response of "Aye.")
ACTING PRESIDENT BONACIC: Those
opposed, nay.
(No response.)
ACTING PRESIDENT BONACIC: The
resolution is adopted.
The Senate will continue to stand
at ease.
(Whereupon, the Senate reconvened
at 4:13 p.m.)
ACTING PRESIDENT McGEE: Senator
Robach.
SENATOR ROBACH: Madam President,
at this time may we please adopt the
Resolution Calendar in its entirety.
4985
ACTING PRESIDENT McGEE: All in
favor of adopting the Resolution Calendar will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
Resolution Calendar is adopted.
Senator Robach.
SENATOR ROBACH: Yes, Madam
President. May we please have the
noncontroversial reading of Calendar 59B.
ACTING PRESIDENT McGEE: Senator
Robach, we have one substitution to make,
please, and then we will go on with your
instructions. Thank you.
The Secretary will read.
THE SECRETARY: On page 5,
Senator Maltese moves to discharge, from the
Committee on Rules, Assembly Bill Number 5550
and substitute it for the identical Senate
Bill Number 67, Third Reading Calendar 131.
ACTING PRESIDENT McGEE:
Substitution ordered.
4986
The Secretary will read Senate
Supplemental Calendar Number 59B.
THE SECRETARY: Calendar Number
1804, by Senator Brown, Senate Print 1309, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2005.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1806, by Senator Spano, Senate Print 2755B, an
act to amend the Social Services Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4987
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1807, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3087 and substitute it
for the identical Senate Bill Number 2899,
Third Reading Calendar 1807.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1807, by Member of the Assembly Seminerio,
Assembly Print Number 3087, an act to amend
the Administrative Code of the City of
New York.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
4988
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1808, by Senator Robach, Senate Print 3208A,
an act to amend the Civil Service Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1809, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 7511A and
substitute it for the identical Senate Bill
Number 4980C, Third Reading Calendar 1809.
ACTING PRESIDENT McGEE:
Substitution ordered.
4989
The Secretary will read.
THE SECRETARY: Calendar Number
1809, by Member of the Assembly Weinstein,
Assembly Print Number 7511A, an act to amend
the Family Court Act.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1810, by Senator LaValle, Senate Print 5361C,
an act to amend the Education Law, in relation
to the practice of interior design.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect one year after the date
on which it shall have become a law.
ACTING PRESIDENT McGEE: Call the
4990
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1811, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11235A and substitute it
for the identical Senate Bill Number 5385A,
Third Reading Calendar 1811.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1811, by the Assembly Committee on Rules,
Assembly Print Number 11235A, an act
authorizing the County of Westchester.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
4991
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1812, Senator Golden moves to
discharge, from the Committee on Consumer
Protection, Assembly Bill Number 9041A and
substitute it for the identical Senate Bill
Number 5757A, Third Reading Calendar 1812.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1812, by the Assembly Committee on Rules,
Assembly Print Number 9041A, an act to amend
the Agriculture and Markets Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
4992
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1814, by Senator Maltese, Senate Print 6324,
an act to amend the Workers' Compensation Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Madam
President --
ACTING PRESIDENT McGEE: Do you
wish to speak on the bill, Senator Duane?
SENATOR DUANE: Yes, Madam
President. Actually, to explain my vote.
ACTING PRESIDENT McGEE: Senator
Duane, to explain his vote.
SENATOR DUANE: Presently police
officers, firefighters, EMS workers,
correctional officers all have an HIV
4993
presumption, which means that they do not even
have to fill out an accident report in order
for it to be presumed that, if they are
infected with HIV, that they got it on the
job.
Much of that happened before I got
here. Some of it happened when I got here.
All of it is absurd.
Better language was inserted into
the bills -- into a bill that would cover the
city correction officers, which at least said
that if there was an incident, it would have
to be reported before it would be assumed that
a correction officer became infected with HIV
because of something that happened on the job.
Which I don't think is ever going to happen,
because that's not how HIV is spread. And
I've discussed that in this chamber numerous
times.
Now, court reporters and court
interpreters are going to be included, which
again is never, ever going to happen, because
no one will ever get infected by HIV in such a
casual manner.
However, because there has to be a
4994
report of some kind of incident, I think that
that will make it so that it will be shown
that no one will get HIV as a result of this
kind of incident. So I'm going to vote for
the bill, because it does include the
improved, at least logical language on how HIV
can be transmitted, and which will also prove
that HIV will never be transmitted in such a
casual way.
So I'm going to vote yes, Madam
President, and perhaps we can focus on the
real issues of how HIV is transmitted and
focus on how to prevent that from happening.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Oh, I'm sorry, Senator
Hassell-Thompson.
THE SECRETARY: In relation to
Calendar Number 1814, ayes, 58. Nays, 1.
Senator Hassell-Thompson recorded in the
negative.
4995
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
Madam President, to explain my vote.
There are very few times that
Senator Duane and I are not in total agreement
on this issue of transmission. And while I
agree with him that the probability would
never be proved that a court officer or a
court interpreter would probably in fact be
infected in this manner, again, I think that
we continue to send inappropriate messages.
Part of the education about how a
disease is transmitted many times is lost in
the desire to cover everybody even when the
possibilities of their infection are near the
levels of impossible.
I will be voting no on this bill.
As someone who spent a lot of her life
educating people on the appropriate manner of
reduced risk and how in fact HIV and AIDS is
transmitted, I could not vote -- I could not
vote in support of this bill even though there
are persons who could be infected as a result
of this bill.
4996
But because of the inclusion of
court interpreters and court reporters, I
think it's inappropriate and it sends an
incorrect message to the people of the State
of New York. Thank you.
ACTING PRESIDENT McGEE: Thank
you.
The bill is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1815, by Senator Volker, Senate Print 6450A,
an act to amend the General Municipal Law.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4997
1816, by Senator Spano, Senate Print 6479A, an
act to amend the --
SENATOR ROBACH: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1817, by Senator Spano, Senate Print 6519, an
act to amend the Criminal Procedure Law, in
relation to designating.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1818, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11163 and substitute it
for the identical Senate Bill Number 6700,
4998
Third Reading Calendar 1818.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1818, by the Assembly Committee on Rules,
Assembly Print Number 11163, an act to amend
the Private Housing Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1819, by Senator Hannon, Senate Print 7053, an
act authorizing the waiver of interest and
penalties.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
4999
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1820, by the Senate Committee on Rules, Senate
Print Number 7154, an act to amend the Civil
Service Law.
ACTING PRESIDENT McGEE: 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 of January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1821, Senator Padavan moves to
discharge, from the Committee on Rules,
5000
Assembly Bill Number 11370A and substitute it
for the identical Senate Bill Number 7184A,
Third Reading Calendar 1821.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1821, by the Assembly Committee on Rules,
Assembly Print Number 11370A, an act to amend
the Local Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1822, by Senator Maziarz, Senate Print 7230,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT McGEE: Read the
5001
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Senator
Oppenheimer, why do you rise?
SENATOR OPPENHEIMER: I just want
to speak on the bill and say that I commend
Senator Maziarz for this bill, that a
hazardous waste landfill has very often been
placed in singular places where people have
the least opportunity to fight it.
And this is spreading it
geographically fairly across the state, and I
appreciate that.
Thank you. I'm voting yes.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1823, by Senator Mendez, Senate Print 7239, an
act to amend the Private Housing Finance Law.
ACTING PRESIDENT McGEE: Read the
5002
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1824, by Senator Nozzolio, Senate Print 7309,
an act to amend the Highway Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1825, Senator Spano moves to
discharge, from the Committee on Rules,
5003
Assembly Bill Number 11364 and substitute it
for the identical Senate Bill Number 7384,
Third Reading Calendar 1825.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1825, by the Assembly Committee on Rules,
Assembly Print Number 11364, an act to provide
for the composition.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first of
September.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1825 are
Senators Marcellino, Rath and Saland. Ayes,
56. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5004
1826, by Senator Golden, Senate Print 7432, an
act to authorize the City of New York.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1827, by Senator Golden, Senate Print 7457, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT McGEE: There is
a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5005
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1829, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11599 and substitute it
for the identical Senate Bill Number 7548,
Third Reading Calendar 1829.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1829, by the Assembly Committee on Rules,
Assembly Print Number 11599, an act to amend
the Correction Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
5006
is passed.
THE SECRETARY: In relation to
Calendar Number 1831, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11670 and substitute it
for the identical Senate Bill Number 7594,
Third Reading Calendar 1831.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1831, by the Assembly Committee on Rules,
Assembly Print Number 11670, an act to amend a
chapter of the Laws of 2004.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2004.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
5007
is passed.
THE SECRETARY: Calendar Number
1832, by the Senate Committee on Rules, Senate
Print Number 7615, an act to amend the State
Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 39. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: To explain
my vote, please.
I'm very happy to see this bill
before us, in that it has only limited
exemptions from budget cuts. It is by far the
better bill of the two that we were looking
at, in that the only exceptions will be public
assistance and federal funds. We know that
the forward funding of education will put that
partially, at least, into the exemptions from
budget cuts.
5008
But certainly this is a very good
bill, something that we can be proud of,
something that we can say very positively has
come from this session. We do not have too
many major achievements, and I think we can
look to this bill as being an important and
significant step that we have taken this year.
And I want to thank Senator Johnson
and all the people who were on the conference
committee with me. It was a very good
experience and ended up with a very good bill.
I vote yes.
ACTING PRESIDENT McGEE: Senator
Oppenheimer will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1833, by Senator Golden, Senate Print --
SENATOR ROBACH: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
has been temporarily laid aside.
5009
THE SECRETARY: In relation to
Calendar Number 1836, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11677 and substitute it
for the identical Senate Bill Number 7639,
Third Reading Calendar 1836.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1836, by the Assembly Committee on Rules,
Assembly Print Number 11677, an act to amend
the General Obligations Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Saland.
SENATOR SALAND: Madam President,
5010
I would request unanimous consent to be
recorded in the negative on Calendar Number
1831, Senate Number 7594.
ACTING PRESIDENT McGEE: Without
objection.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. I'd like to request
unanimous consent to be recorded in the
negative on Calendar 1216, Senate 5148A, and
Calendar 1711, Senate 7617.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT McGEE: Thank
you.
Senator Robach, that completes the
noncontroversial reading of the calendar.
SENATOR ROBACH: If we can stand
at ease momentarily, Madam President.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:36 p.m.)
(Whereupon, the Senate reconvened
5011
at 4:39 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar 1816, by
Senator Spano.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1816, by Senator Spano, Senate Print 6479A, an
act to amend the Executive Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate conference of the
Majority in the Majority Conference Room.
5012
ACTING PRESIDENT McGEE: There
will be an immediate conference of the
Majority in the Majority Conference Room.
Senator LaValle.
SENATOR LaVALLE: Madam
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
1825.
ACTING PRESIDENT McGEE: Without
objection.
Immediate conference of the
Majority in the Majority Conference Room,
please.
(Whereupon, the Senate stood at
ease at 4:40 p.m.)
(Whereupon, the Senate reconvened
at 6:24 p.m.)
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Can you please
recognize Senator Stachowski.
ACTING PRESIDENT MEIER: Senator
Stachowski.
SENATOR STACHOWSKI: Mr.
President, I'd like unanimous consent to be
5013
recorded in the negative on Calendars 1825 and
1831, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar Numbers 1825 and
1831.
Senator Spano.
SENATOR SPANO: Mr. President,
can we return to the original active list and
ask the Secretary to call up Calendar 1754.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1754.
THE SECRETARY: Calendar Number
1754, by Senator Rath, Senate Print 7523A, an
act to authorizing the President of the State
University of New York.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Mr. President, is
there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SPANO: Move to accept
the message.
ACTING PRESIDENT MEIER: All in
5014
favor of accepting the message of necessity
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.
SENATOR SPANO: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Spano.
SENATOR SPANO: Mr. President,
can we go to Supplemental Calendar 59B and ask
the Secretary to read Calendar Number 1830.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1830.
THE SECRETARY: Calendar Number
1830, by the Senate Committee on Rules, Senate
Print Number 7566, an act to amend the Village
Law.
ACTING PRESIDENT MEIER: Senator
Spano.
5015
SENATOR SPANO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT MEIER: Yes,
there is.
SENATOR SPANO: Move we accept
the message.
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
message is accepted.
The bill is before the house.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
5016
Senator Spano.
SENATOR SPANO: Can we now have
Calendar 1834.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1834.
THE SECRETARY: Calendar Number
1834, by Senator Golden, Senate Print 7631A,
an act to amend the Agriculture and Markets
Law.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Is there a
message at the desk, Mr. President?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SPANO: Move that we
accept the message.
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.
(No response.)
ACTING PRESIDENT MEIER: The
5017
message is accepted.
The bill is before the house.
Read the last section.
Senator Lachman.
SENATOR LACHMAN: Yes, I believe
this bill is the so-called kosher laws bill.
ACTING PRESIDENT MEIER: Yes, it
is, Senator.
SENATOR LACHMAN: I know that we
have already adopted a bill that the State
Assembly adopted, and the bill that we adopted
in the Senate was only two or three hours ago.
If that is the case, and the two
bills that were adopted by the Senate and the
Assembly are identical, why are we even voting
on this bill?
I don't see Senator Golden in the
chamber.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Yes, Mr.
President, would Senator Lachman like to ask a
question on the bill? Or do you want to speak
on the bill?
ACTING PRESIDENT MEIER: Senator
5018
Lachman.
SENATOR LACHMAN: Mr. President,
I'd like to have the sponsor here, and I'd
like to speak on the bill and ask him a couple
of questions.
SENATOR SPANO: We will lay this
bill aside temporarily, Mr. President.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Spano.
SENATOR SPANO: Can we go to
1835, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1835.
THE SECRETARY: Calendar Number
1835, by Senator Johnson, Senate Print 7637A,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SPANO: I move that we
5019
accept the message.
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.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano.
SENATOR SPANO: 1837, Mr.
President.
ACTING PRESIDENT MEIER: The
5020
Secretary will read Calendar 1837.
THE SECRETARY: Calendar Number
1837, by Senator Little, Senate Print 7640, an
act to amend the Town Law and the General
Municipal Law.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SPANO: Move we 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.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
5021
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano.
SENATOR SPANO: Mr. President,
can we return to Calendar 1834, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1834.
I'm sorry. Senator LaValle.
SENATOR LaVALLE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 1835.
ACTING PRESIDENT MEIER: Without
objection, Senator LaValle will be recorded in
the negative on Calendar 1835.
The Secretary will read Calendar
1834.
THE SECRETARY: Calendar Number
1834, by Senator Golden, Senate Print 7631A,
an act to amend the Agriculture and Markets
Law.
SENATOR SPANO: Lay it aside
5022
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
Senator Spano.
SENATOR SPANO: 1839, please.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1839, by Senator Rath, Senate Print 7642, an
act to amend the Family Court Act and others.
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR SPANO: Move that we
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.")
5023
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, an explanation has been requested by
Senator Krueger of Calendar 1839.
SENATOR RATH: Okay, Senator.
Through you, Mr. President, this
bill creates a new Article 10A dealing with
permanency.
Some of the provisions are that
there will be continuing legal authority for
Article 10 or voluntary placements. The law
guardian assigned to a child would continue to
represent the child throughout the time the
child is in placement.
Similarly, the respondent parent,
if eligible, would be provided an assigned
attorney throughout the life of the
proceedings.
5024
Both the law guardian and the
respondent parent's attorneys would receive
copies of all notices and motions. A sworn
report will be needed instead of a petition.
And the proposal also would revise
case planning and reporting requirements to
provide earlier delineation and review of the
local district's implementation.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
Well, this bill is a dilemma for
me, and I think for many people here it should
be. Because Part A of the bill, which is a
relatively short section of the bill, is in
fact a requirement for us to become in
agreement with the federal rules on
expeditious permanency planning for children
who are in foster care placements.
But then the bill adds a Part B,
and Part B is where the dilemmas lie. It's my
5025
understanding that this won't be a three-way
agreement this year because of the concerns
with Part B of the bill.
But to start to go through some of
those issues, Part B expands the lists of
aggravated circumstances where many of us
believe there's already proper coverage in the
state in existing law, even in cases where a
child has been placed in foster care for a
second time, and that the provision of
services to the family may be able to avoid
having to terminate parental rights.
What this bill is about is in what
situations can parental rights be terminated,
under what circumstances and on what timeline.
And I think all of us agree that we
want to ensure the best interests of children,
that we want to ensure that children don't
stay in foster care longer than necessary. We
want to ensure that those children who can be
reunited with their families do so in as
expeditious timeline as possible, and those
children who can't are actually assured that
they can be moved into permanency planning.
And I know that Senator Rath feels
5026
that way, because I am on her committee and I
know that she is very committed, as I am, to
ensuring that we do the best things we can for
the children in our state if they find
themselves in the foster-care situation.
But frankly, the Part B section of
the bill, which is a large number of pages and
is not the agreed-upon sections with all
parties, are the sections that are of greater
concern.
And what I would hope, in order to
resolve this issue, is we might sometime -- I
would say before the end of session, although
that's a tricky question at a quarter to 7:00
on the 22nd -- but some time when we come back
in the summer, that perhaps we can come to
agreement on Part A of the bill and revisit
the issues in Part B that are of great concern
to many people who are in the child welfare
universe and don't share the position of
Senator Rath that this is the best option we
could go forward with.
So I will be voting no on the bill,
although I very appreciate the work you've
been doing, and wish that we just could deal
5027
with Part A of the bill and move that through.
So thank you.
Thank you, Mr. President.
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 1839 are
Senators Duane, L. Krueger, and Schneiderman.
Ayes, 57. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano.
SENATOR SPANO: Can we go to the
supplemental active list and take up the
noncontroversial reading of that list.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the supplemental active list.
THE SECRETARY: Calendar Number
879, by Senator Hoffmann, Senate Print 7150A,
5028
an act authorizing the Village of Dryden.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
905, by the Assembly Committee on Rules,
Assembly Print Number 11058A, an act to amend
the Town Law and the Public Officers 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, 60.
ACTING PRESIDENT MEIER: The bill
5029
is passed.
THE SECRETARY: Calendar Number
915, by the Senate Committee on Rules --
ACTING PRESIDENT MEIER: Senator
Spano, we've been informed there's a
substitution coming.
Lay the bill aside temporarily.
Senator Spano, could we return to
that one. The substitution just arrived.
Calendar 915. The Secretary will
read.
THE SECRETARY: In relation to
Calendar Number 915, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11043 and substitute it
for the identical Senate Bill Number 7015,
Third Reading Calendar 915.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
915, by the Assembly Committee on Rules,
Assembly Print Number 11043, an act to amend
the General Municipal Law.
ACTING PRESIDENT MEIER: There is
5030
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1176, by Senator Seward --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1277, by Member of the Assembly McEneny,
Assembly Print Number 990C, 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
5031
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1453, by Member of the Assembly Galef,
Assembly Print Number 10015A, an act to amend
the Criminal Procedure 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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bonacic, to explain his
vote.
SENATOR BONACIC: I'm voting in
support of Senator Leibell's bill, but I want
to not confuse the issue in the 42nd Senate
5032
District, where we're having severe problems
with the DEP, police enforcement for the
reservoir.
And my consent on this bill is in
no way a blessing to the expansion of DEP's
powers into the watershed areas for other law
enforcement measures other than to protect the
reservoir.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Bonacic will be recorded in the affirmative.
The bill is passed.
THE SECRETARY: Calendar Number
1737, by Senator LaValle, Senate Print 7009C,
an act in relation to granting John Vitale
membership.
ACTING PRESIDENT MEIER: There is
a home-rule message at the desk.
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, 60.
5033
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano, that completes the
noncontroversial reading.
SENATOR SPANO: Stand at ease for
a moment.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 6:40 p.m.)
(Whereupon, the Senate reconvened
at 6:41 p.m.)
ACTING PRESIDENT MEIER: Senator
Spano.
SENATOR SPANO: Mr. President,
can we return to motions and resolutions. I
understand we have some housekeeping.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Hannon, on page number 35 I
offer the following amendments to Calendar
Number 1197, Senate Print Number 6656B, and
ask that said bill retain its place on Third
5034
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR McGEE: Thank you.
Mr. President, on behalf of Senator
Balboni, I wish to call up his bill, Print
Number 7597, recalled from the Assembly, which
is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1780, by Senator Balboni, Senate Print 7597,
an act to amend the Real Property Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
5035
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Mr. President, on
behalf of Senator DeFrancisco, I wish to call
up his bill, Print Number 7360A, recalled from
the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1534, by Senator DeFrancisco, Senate Print
7360A, an act to amend the Executive Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: Senator
McGee.
5036
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Thank you.
ACTING PRESIDENT MEIER: Senator
Spano, we have one substitution. Can we take
that now.
SENATOR SPANO: Yes, we ask that
that be read.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 41,
Senator Libous moves to discharge, from the
Committee on Rules, Assembly Bill Number
10170A and substitute it for the identical
Senate Bill Number 6954, Third Reading
Calendar 1379.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Spano.
SENATOR SPANO: Can we return to
Senator Golden's bill, Calendar 1834.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1834.
5037
THE SECRETARY: Calendar Number
1834, by Senator Golden, Senate Print 7631A,
an act to amend the Agriculture and Markets
Law.
ACTING PRESIDENT MEIER: 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.)
ACTING PRESIDENT MEIER: Senator
Lachman, why do you rise?
SENATOR LACHMAN: I rise to ask a
question.
Through you, Mr. Chairman, I would
like to know if Senator Golden is available
for a question on the bill.
ACTING PRESIDENT MEIER: Senator
Golden, do you yield for a question?
SENATOR GOLDEN: I do, Mr.
President.
SENATOR LACHMAN: Senator Golden,
I realize that a kosher bill, which is very
important to you and very important to me, was
5038
passed in this chamber about three or four
hours ago which is very similar, almost
identical to the bill passed in the Assembly.
Therefore, we do have a kosher law bill.
Now, what is the necessity in
having a second bill, which will only be a
one-house bill and will not pass the Assembly?
SENATOR GOLDEN: It was a -- both
bills, by both the Governor and by the Speaker
of the Assembly, are very, very good bills.
There are some differences between those two
bills.
We submitted both bills to this
Senate floor for passage, and hopefully both
of those bills -- and hopefully the Assembly
will look at one or two of these bills and
work out a negotiated finish with the
Governor, Senator Bruno and the Senate
conference, and the Assembly Speaker and his
conference.
I think there is still room for
negotiation, and we put two bills out because
there are two good bills.
SENATOR LACHMAN: Will the
sponsor continue to yield.
5039
ACTING PRESIDENT MEIER: Senator
Golden, do you yield?
SENATOR GOLDEN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LACHMAN: I preface my
remarks by saying that this Governor's bill is
different than the previous bill submitted by
the Governor.
SENATOR GOLDEN: I do, yes.
SENATOR LACHMAN: And it has many
positive features that the previous bill does
not have.
However, we already have passed
legislation in this field.
Now, are you saying that you're
hoping that even though we have now a
kosher-law bill that was passed by both houses
of the chamber, that there will be another
compromise to be passed by us?
SENATOR GOLDEN: I am just a
simple Senator in a simple conference
addressing another simple Senator that is
doing a marvelous job of trying to get the
people's job done here in this great state.
5040
SENATOR LACHMAN: Okay. Since we
are both simpletons --
(Laughter.)
SENATOR LACHMAN: -- and since I
did not get an answer to my question, will the
Senator continue to yield for another
question?
SENATOR GOLDEN: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LACHMAN: Senator Golden,
am I incorrect in assuming that even though
you sponsored the previous bill -- which was
sponsored, I believe, by the Speaker in the
Assembly -- you're sponsoring this bill in the
hope of changing the bill that we have already
passed and will become law if the Governor
signs it?
SENATOR GOLDEN: I don't
understand the problem. There's a compromise,
hopefully. If not, the Assembly has passed
their bill, we have passed our bill that will
be sent to the Governor, and hopefully the
Governor will sign that bill.
And if the Governor doesn't sign
5041
that bill, there's a bill there that can be
discussed by the Governor, the Senate, and the
Assembly. I think you know how it works,
Senator.
SENATOR LACHMAN: Yes. Will the
Senator continue to yield.
ACTING PRESIDENT MEIER: Senator
Golden, do you yield?
SENATOR GOLDEN: I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LACHMAN: I'm aware, as
you know, of all the political ramifications
and the various organizations and pressures
that the Speaker and the Governor have been
subject to regarding this bill. I think it's
a very important bill. But I'm not sure I
would have done it this way.
I'm going to support it. But if we
pass a bill which is identical to another
bill --
SENATOR GOLDEN: They're not
identical, Senator.
SENATOR LACHMAN: No. The
previous bills that we passed were similar
5042
bills, they were the same bills. We passed
it, your name appeared on it. I believe the
Attorney General requested that your name
appear on it. And it's good bill.
And now we have, three hours later,
another good bill coming to the floor. I will
not oppose it.
SENATOR GOLDEN: Thank you,
Senator.
SENATOR LACHMAN: But I think --
but I think, at the same time, Senator, that
before we present a bill for our support in
this chamber, we don't submit a second bill in
the hope that the other chamber will change
their mind on the first bill and accept a bill
closer to the second bill.
SENATOR GOLDEN: I like the
Assembly's bill as well, sir. I'm hoping that
Assembly bill goes through. I'm hoping that
the -- they come to a term and they agree upon
a bill.
But I put a bill forward because
they're both good government bills. They're
not political, they're good government bills.
They're required. We need them here in this
5043
great state, and that's why we put them
forward.
SENATOR LACHMAN: In conclusion,
Mr. President, these are good government bills
and they are, in truth, political bills.
Because different organizations, as Senator
Golden realizes, have lobbied one or the
other. And we're trying to have our cake and
our cookies together.
I'm not going to oppose the bill,
but I'm just opposing the process by which it
has come to the surface after a bill has been
agreed upon by the same sponsor.
So I will not oppose this bill, but
I still don't understand what is going on
except a political process which the sponsor
denies that is taking place.
Thank you.
SENATOR GOLDEN: Not to keep the
conversation going, sir, but the Governor is
part of this discussion. He is the executive
of the State of New York, and he has the right
to bring forward a good government bill.
And I am working with the good
Governor and the good Assembly Speaker to have
5044
that good bill for you, sir.
ACTING PRESIDENT MEIER: 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1176, by Senator Seward, Senate Print 5219A,
an act to amend the Insurance 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Spano, that completes the
5045
supplemental active list.
Senator Spano.
SENATOR SPANO: There will be a
meeting of the Rules Committee in the Majority
Conference Room at 7:00 p.m.
ACTING PRESIDENT MEIER: There
will be a meeting of the Rules Committee at
7:00 p.m. in the Majority Conference Room.
Senator Spano.
SENATOR SPANO: The Senate will
stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 6:55 p.m.)
(Whereupon, the Senate reconvened
at 7:03 p.m.)
SENATOR SPANO: Mr. President.
ACTING PRESIDENT NOZZOLIO:
Senator Spano.
SENATOR SPANO: Can you please
recognize Senator Oppenheimer.
ACTING PRESIDENT NOZZOLIO:
Senator Oppenheimer.
SENATOR OPPENHEIMER: Thank you.
5046
I'd like unanimous consent to be recorded in
the negative on Calendar 1825.
ACTING PRESIDENT NOZZOLIO:
Without objection.
SENATOR OPPENHEIMER: Thank you.
SENATOR SPANO: Can we now return
to Calendar Number 1833.
THE SECRETARY: Calendar Number
1833, by Senator Golden, Senate Print 7626, an
act in relation to enacting the Coordinated
Construction Act for Lower Manhattan.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT NOZZOLIO:
Senator Golden, an explanation has been asked
for.
SENATOR GOLDEN: Thank you,
Acting President.
This is a bill that's been
requested by the Mayor of the City of New York
for this Senate and the Assembly to pass. It
deals with the rebuilding of the areas of
downtown Manhattan after the aftermath of
9/11.
All of us remember that terrible,
terrible day and what's followed since. That
5047
business in that area was $114 billion. We've
lost somewhere in the category of about 60 or
$80 billion over the last three years. That
is, 15 percent of our revenue for the city and
state of New York comes from Lower Manhattan,
from the finance industry.
This bill is to expedite the
rebuilding of downtown Manhattan by bringing
together government, unions, utilities, all
those that would be involved in the
rebuilding, so that we can cut through
difficult bureaucracies and expedite that
process.
ACTING PRESIDENT NOZZOLIO:
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President. Will the sponsor yield for a
question.
ACTING PRESIDENT NOZZOLIO:
Senator Golden, will you yield?
SENATOR GOLDEN: I do, sir.
SENATOR CONNOR: Thank you.
Mr. President, could the sponsor
explain to us what the provisions of the bill
are with respect to the applicability of
5048
Article 15A, ensuring minority/women business
enterprise participation in Lower Manhattan
projects?
SENATOR GOLDEN: That the -- they
shall be part of the process that will help us
to rebuild and restart downtown Manhattan.
SENATOR CONNOR: Thank you.
Mr. President, would the sponsor
yield for another question.
ACTING PRESIDENT NOZZOLIO:
Senator Golden, do you wish to continue to
yield?
SENATOR GOLDEN: I do.
ACTING PRESIDENT NOZZOLIO:
Senator Connor.
SENATOR CONNOR: Thank you, Mr.
President. Would the sponsor explain to us
the applicability of this legislation to the
proposals to rebuild Route 9A?
SENATOR GOLDEN: No, sir.
SENATOR CONNOR: Mr. President,
will the sponsor yield for another question.
ACTING PRESIDENT NOZZOLIO:
Senator Golden, do you yield?
SENATOR GOLDEN: I do.
5049
ACTING PRESIDENT NOZZOLIO:
Senator Connor.
SENATOR CONNOR: Mr. President,
I'll speak on the bill.
ACTING PRESIDENT NOZZOLIO:
Senator Connor, on the bill.
SENATOR GOLDEN: Thank you,
Senator.
SENATOR CONNOR: Thank you,
Senator Golden.
I think Senator Golden was quite
candid. I don't think he pretends to know in
any degree of detail, compared to my staff and
myself, what's going on in Lower Manhattan,
what projects are underway in Lower Manhattan
and what needs to be done in Lower Manhattan.
Because I don't think Senator Golden pretends
to represent Lower Manhattan, nor do any of
the cosponsors of this bill.
Go back a year, last day of session
last year. Senator Golden sponsored a bill
dealing with the Brooklyn Bridge. I spent a
few minutes explaining to my colleagues how I
represented both sides of the Brooklyn Bridge.
The answer I got from the sponsor was: Well,
5050
the city gave me the bill.
And I had words with the city's
incompetent -- I said incompetent
representatives, Mr. President, at the time.
And I was assured by these incompetent
representatives of Mayor Bloomberg that this
would never happen again.
So what do I learn today, but a few
hours ago? That a bill that has been
percolating around Lower Manhattan for the
last year and a half, about which there were
discussions at the community boards in my
district, at which there were discussions in
many, many different community groups -- Wall
Street Rising, the Business Association, many,
many others -- to deal with certain problems
which I will at some length articulate for my
colleagues so you are informed about what
exactly the problems and projects are.
Lo and behold, the bill gets filed
June 19th -- that was last Saturday -- and
here it is on the floor. So as I come over
here to debate it, a city representative tries
to stop me to brief me on it.
Is that a briefing -- would any
5051
member of this body accept a briefing after a
bill dealing with only with subjects in your
district, no other area -- accept an offer to
be briefed after the bill is on the calendar
sponsored by a different member? Would any of
you accept that?
This is my 27th session here. I've
had an unbending rule, I have never, ever
questioned any of my colleagues about a bill
that they were sponsoring that dealt with
conditions or matters solely in their
district.
And, Mr. President, sometimes I've
been real curious about some of these bills,
would have loved to ask a couple of questions.
But I dampened my curiosity to give my
colleagues the courtesy and appreciation that
they know their districts, they know their
local governments, they understand the local
problem, they were involved in getting the
local home rule message and they are fully
briefed and cognizant, and I would not presume
to question them.
Mr. President, after 27 years I'm
thinking of changing this policy and deciding,
5052
whenever I am curious about a member's local
bill, to ask a whole lot of questions about
it. Now, I know the member will have answers
to the five or ten questions. But we do a lot
of local bills here, Mr. President.
I'll tell you another thing, Mr.
President. These last two sessions I've been
the ranking Minority member on the Local
Government Committee. I voted yes on every
single bill that was ever brought before that
committee because there were members
sponsoring legislation dealing with matters in
their district, matters of interest to their
constituents.
Frankly, Mr. President, what an
insult to a member. I look at the list of
supporters for this legislation. Every one of
them is a community group in my district. I
look at the list of the major projects. Mr.
President for the benefit of Senator Golden,
Route 9A is the West Side Highway. And it
needs to be rebuilt as it goes by the World
Trade Center site.
It was actually pre-9/11 there were
plans to widen it and so on. Post-9/11 -- and
5053
to my colleagues who traveled down to the
World Trade Center site shortly after 9/11, we
were basically -- the rubble we were standing
on when we got as close as we could get to
Ground Zero, under that was Route 9A. They
eventually built a path through there. My
son's football team was escorted by bus right
through that pass through those ruins every
day to go to practice.
Now there's a highway there, but
it's a temporary thing. As you know, the
overpasses were knocked down. There are
temporary overpasses now.
Proposals for 9A have caused great,
great controversy in the community. One
proposal that some of the state people were
proposing had to do with putting it
underground, putting a stretch of Route 9A
underground right next to the World Trade
Center.
And the community groups have been
opposed to that, because right across from
what we hope will be a great, great rebuilt
World Trade Center/Liberty complex is Battery
Park City. For my colleagues who aren't from
5054
down there, that's when we stood there and
looked back and all those windows were blown
out, and that whole area was evacuated.
Well, that's back up and thriving.
In fact, Battery Park City is now experiencing
new construction going on, which -- there's a
real community there. The fear of the
underpass is their accessibility across West
Street to the rest of Lower Manhattan, as well
as a community concern.
The Lower Manhattan Community Board
is quite fascinating. They're concerned about
how these billions of dollars are going to be
spent. Several projects have been proposed,
and the community board has taken the view,
that's a waste of money to do that with that
money. We can do better things.
So it's not a community that just
says, Whoa, we have all these billions in
post-9/11 money. Some of it's even real.
Some of it's a Bush promise, but some of it's
actually been real, and we've gotten real
money. And the community is concerned with
how it's spent.
I myself had occasion to weigh in
5055
in terms of the rebuilding of 9A. And what I
did is -- a group called the Coalition to Save
West Street wrote to the State Department of
Transportation, and they opposed even a short
West Street tunnel for Route 9A, which is one
of the major projects -- by the way, the
rebuilding of Route 9A, and we're talking
about just a few miles of roadway, is
scheduled to cost $330 million, just that
maybe three or four mile stretch. That's one
of the projects that's covered by this bill
that's before us, these construction rules,
which I will later explain in some detail.
Quite some detail.
But the Coalition to Save West
Street has priced out the cost of a tunnel at
between 685 million and 860 million in
additional costs. Just to rebuild 9A there is
in the ballpark of 330 million. So they are
concerned.
A poll -- and this letter is from
June of '04 -- no, I'm sorry, this letter is
June of '03. A poll was done, Blum & Weprin
Associates did a poll of Lower Manhattan
residents. It showed that an overwhelming
5056
majority of the residents of Lower Manhattan
viewed the short bypass tunnel unfavorably.
The tunnel ranked near the bottom of a list of
11 redevelopment projects for Lower Manhattan.
Only 10 percent of respondents
chose the West Street tunnel as a top priority
for downtown transportation, whereas
30 percent chose direct transit to airports
and Long Island, and 39 percent chose improved
east-west access for pedestrian and vehicular
traffic.
Indeed -- a slight digression, but
certainly germane -- last Friday I was at a
press conference with Mayor Bloomberg and the
Speaker about another bill, which I hope we
see later, for a $400 million subway station
renovation in South Ferry. Which, by the way,
the community opposed.
The Speaker and I, after getting
some concessions for amenities and mitigation,
undertook to sponsor this legislation and get
that moving. And of course the MTA, the MTA
must have a better Green Book than Mayor
Bloomberg, because the MTA brought the bill to
the Senator in whose district the subway
5057
station was. Sounds familiar to all of my
colleagues, I'm sure.
The Coalition to Save West Street
goes on, by the way, in proposing
alternatives, pointing out that they exist to
accomplish the objective for this stretch of
West Street. Standard traffic control
measures are urged to allow pedestrians to
cross, changing the timing of traffic lights
to allow more time for pedestrians to cross,
adding a Park Avenue-type median in the center
for people to rest on the way across, and
adding additional pedestrian crossings.
So the community clearly, with
respect to the 9A state project which is
covered by the bill before us, is clearly
opposed to doing the underground stretch as a
short bypass. And indeed, at a cost of
several hundred million dollars additional, I
have come out in agreement with the community
on this issue.
Lest my colleagues think I'm being
unduly parochial, I was appointed by the
Governor in early 2002, when he established
the Lower Manhattan Development Corporation,
5058
which is -- oh, that's the big -- the big guy
in charge. That's where all these billions of
dollars flow. That's what -- not just for
rebuilding the World Trade Center site, but
for the other development projects.
Transportation, the transportation hub, all
the other projects in Lower Manhattan are
under the umbrella of that.
And there is a general advisory
committee of elected officials and some others
to advise the LMDC board, which has been, by
the way, ably chaired by Mr. Whitehead. And
now Executive Director Rampe is doing a
wonderful job, in my opinion.
I was appointed by the Governor to
serve on that general advisory committee.
This also meant that my staff and I
participated in the professional firms'
advisory council meetings on a regular basis.
Which I can't say that I went personally; my
staff submitted regular reports every month
for attending those meetings. The development
advisory council, we met somewhat regularly,
and I did cover those myself on occasion, but
always with staff.
5059
The financial firms' advisory
council, and I have reports -- I may later, if
I have time, read some of these reports, for
the enlightenment of my colleagues. We
also -- here's one that was interesting,
because you met interesting people at this.
And I did go to one of these meetings, as well
as sending staff to others: The Restaurants,
Retailers and Small Business Advisory Council.
It sounds like fun.
In the context of the post-9/11
economy in Lower Manhattan, these were
interesting people, but they weren't fun
meetings. Many of these people were people
who initially were saying they were in danger
of going out of business, going belly up. And
unfortunately, some of them proved they
weren't just talking, they did go under in the
post-9/11 economy.
We have now, for example, a draft
generic environmental impact statement for the
World Trade Center, to which I registered
observations in my testimony just this last
February 18th. One of the most significant
issues post-9/11 was air quality. And I
5060
should point out that the bill before us
addresses, addresses some of the concerns --
some of the concerns -- and I'll get into all
the concerns in a minute -- that people in
Lower Manhattan have had about air quality.
And the way that this bill
addresses that is that the bill provides for,
you know -- well, I'll go through some of the
projects first. Here's some of the big
projects, to give you an idea of what's going
on there.
I mentioned Route 9A. Hudson River
Park, part of the Hudson River Park project
goes down there. That's slated for
$70 million. And that won't be enough.
They're going to need more. There are city
projects, $150 million in ferry stations. The
Fulton corridor, for $48 million.
The city, the city is budgeting
$900 million, $900 million, in street repairs
for Lower Manhattan. That's not including the
$330 million for Route 9A, which is a state
route. All this is just within a few miles'
area.
Castle Clinton, $56 million for
5061
Castle Clinton. Ah, what is Castle Clinton,
some of you may say. Well, those of you who
had European ancestors who arrived in New York
City prior to the 1890s, when Ellis Island was
started up -- you know, because I hear people
say, Oh, my great-grandfather came to
New York, went through Ellis Island in 1860
something, 1870. Wrong. Your
great-grandfather went to Castle Clinton.
That was the initial processing point for
immigrants to New York.
And it remains there, looking for
conversion, looking for -- it's really got to
be rebuilt, so to speak, and looking for a use
which we intend to give it in terms of a
historical, culturally -- in a historical and
culturally appropriate context.
The East River waterfront -- we
talked about Hudson River Park. The East
River waterfront projects, $750 million. They
will be covered by this bill.
Parks, a paltry $25 million. I say
paltry because I think we should do more. And
if the bill I spoke of -- if the bill I spoke
of earlier that was filed Friday afternoon
5062
comes out, you will see that what the Speaker
and I did get from the MTA is $15 million more
for just that Battery Park where that subway
station is.
Libraries, museums, and cultural
space, $400 million. The MTA is committed to
a $750 million transit center. Those projects
total $3.5 billion. We've still got a couple
billion more dollars to spend in rebuilding
Lower Manhattan.
Now, why was this bill needed? Why
did we start? If you go back to the immediate
post-9/11 time and for all the wonderful
things and holding the city together that was
done then, I think we also know in the days
after that, it was chaotic. It wasn't quite
clear who was in charge of what always.
The city and state, under the
direction of the then-mayor and governor, did
a wonderful job in coping. But as anything
that massive, there were a lot of -- there was
a lot of running around by federal officials,
for example, who -- FEMA, people who were
well-trained to deal with tornadoes in trailer
parks in Oklahoma, not too well prepared to
5063
deal with the enormity of the damage that was
inflicted on 9/11.
The elected officials, under the
leadership of Congressman Nadler, formed a
Ground Zero and Elected Officials Task Force.
I have a copy of Memo Number 1 on September
15th. We met, at first, every day or two,
then certainly, in ensuing months, every
month. We raised -- on September 17th, we
first raised with FEMA, and the state and the
city, concerns about air quality in Lower
Manhattan.
As you know, a year later, a year
and a half later, basically the EPA admitted
they lied. They had no basis, a week or two
after that attack, for the statement that the
then-administrator made that the air in Lower
Manhattan is safe. No basis whatsoever. In
fact -- oh, how interesting. I see we'll have
a chapter amendment to debate shortly too, on
the same bill -- but absolutely no basis
whatsoever for that statement. There were
people who work for the EPA who basically
indicated that someone, someone in the White
House told them, Tell everybody it's okay, you
5064
can go back to work in Lower Manhattan.
Of course the federal government
wanted Lower Manhattan to go back to work.
Impaired as it was, with broken wings and
broken legs, it was nonetheless still the
goose that laid golden eggs every day, in the
financial district of Lower Manhattan. And
though the eggs may have been smaller, they
were nonetheless made of gold. And the
government wanted to keep the eggs in
production.
Residents of Lower Manhattan,
people who lived within a block or two, went
back to their apartments. And if the windows
were intact, they found the window ledges and
balconies with an inch or two of dust. People
whose windows were smashed in found even more
horrible things in their apartment.
And if you all read the news then
and you saw the TV within those first weeks,
you heard the federal government officials
saying, We're going to clean up these
apartments, we're going to clean up these
apartments.
My colleagues, do you know that 14
5065
months later there were still people whose
apartment buildings were never cleaned, whose
roofs were never cleaned of that toxic dust,
whose balconies were not cleaned, carpets were
not cleaned?
My son returned, five weeks after
9/11, to school at Stuyvesant High School,
with all assurances from the city: Oh, we
spent a million dollars cleaning up the
school. The school had been used for triage
and other things in the immediate aftermath.
The parents' association, as they
experienced sick children every day, with
headaches, bronchial conditions, commissioned
scientific testing in the school and found
heightened levels of lead and other
carcinogens, unhealthy things, lots of
asbestos.
That summer they did another
cleanup, after the kids had been back there
for a year. And by the way, right next to the
school, literally out the back door, was where
the city dredged and all of the rubble was
taken off on barges. So there was constant
flumes, as much as they tried to wet them
5066
down, of unhealthy air.
But the next summer, the school was
told: Oh, you know what, yeah, when we were
cleaning the school, we never cleaned the
chairs in the auditorium, the cushions, we
never cleaned the carpeting in the auditorium.
Oh, yeah, that's testing for huge amounts of
lead, asbestos, and whatever.
This is after the kids, after 14-
and 15- and 16- and 17-year-old kids were sent
back into that school for the year. That's
how the federal government delivered on its
promise to clean up.
They didn't clean up half the
apartments. Two years later, people were
still complaining. I know of a person in a
building, tall building with balconies, where
no one had used their balcony for literally
two years because the federal government never
cleaned the balconies and it still had the
9/11 dust.
Mr. President, it's getting a
little noisy in here. Thank you.
Now, this bill before us deals with
some of the concerns. Because air quality is
5067
an ongoing concern for Lower Manhattan, and we
are facing all of these projects that are
covered by this bill that I articulated one
after another. And they involve digging up
roads, laying pipes, digging foundations.
They involve trucking and heavy equipment,
bringing materials into sites for enormous
construction. And they're all going on
roughly the same time.
So this bill tries to work out, for
the first time in New York City, something
that you have in other parts of the state, and
that's the ability for joint bidding on road
openings. In other words, right now in
New York City, the electricity and the
telephone company can't be involved in a joint
bidding enterprise to open up the road and do
what they've got to do all at once.
That's why those of you who are
familiar with New York City will observe the
craziness of your street being all dug up, and
you'll come out and the Con Ed trucks are
there, they're doing the electrical stuff,
putting whatever they put down -- wires or
ducts, whatever. And they close up your
5068
street after a month of two of inconvenience.
You still have bumpy, patched roads. But
finally the city comes along and makes the
road outside of your house really nice, and
it's really wonderful.
And two weeks later, you come out
and there's a guy out there going
da-da-da-da-da-da-da-da-da, digging up the
road again, because he's with the phone
company. And oh, yeah, they're putting the
phone lines through the road. So that
wonderful new road just gets all dug up again,
not a couple of months after it was just
repaired.
We see that all the time in
New York City. We cannot allow that to happen
in Lower Manhattan with so many of these
projects going on and on at the same time. So
this bill will allow the City of New York to
have a joint bidding process for those kind of
projects.
Back to air quality. The other
thing this bill will do is it will permit
New York City to -- let me find my note here
-- to basically adopt a process for mandating
5069
and making affordable the use of low-sulfur
fuels. That's in this bill. So that when,
hopefully when all of this machinery --
construction equipment, cranes, trucks in and
out all over the place -- are used, there will
be, by the use of the low-sulfur fuels, a
mitigation of damage to air quality.
Which already -- by the way, air
quality still remains, obviously, a big
problem in Lower Manhattan. And this
hopefully will ameliorate that.
Another thing that this bill does,
by the way -- and, Mr. President, I do have to
congratulate Senator Golden for embracing this
bill and this concept. And I do that because
his predecessor, one of his predecessors, not
exactly in the same district -- but if I may
make a partisan reference, the last Republican
State Senator from Brooklyn prior to my good
friend Senator Golden being elected,
then-Senator Bob DiCarlo, once stopped the
legislation, stopped the legislation that
passed the other house, did it two years in a
row, to build a sportsplex for Brooklyn. And
indeed, that sportsplex never got built. And
5070
he stopped because he philosophically objected
to the inclusion in the bill of a 15A
requirement; i.e., a requirement for a
set-aside for minority/women business
enterprises. That's what his predecessor did.
But Senator Golden obviously is in
favor of that kind of set-aside, which I think
is a good thing. I think it's a wonderful
thing. It's appropriate. And this bill will
apply that state law to New York City's
projects. Which are not covered per se --
there are executive orders in New York City,
but it will apply that state statute mandating
set-asides for minority and women business
enterprises as they participate in these
billions of dollars of construction. This
bill now will make that applicable to New York
City and Lower Manhattan.
So, Mr. President, for that I
congratulate Senator Golden and I congratulate
him for his departure from what had been his
predecessor's attitude about that. I think
that's a good thing, that's a very good thing
that's in this bill. Certainly the residents
of Lower Manhattan will be happy about that.
5071
So again, my congratulations to
Senator Golden -- and his cosponsors. His
cosponsors, the other Republican Senators who
are cosponsoring this -- I guess Senator
Padavan, Senator Mendez. Is Senator Maltese
on this bill? Yes, Senator Maltese, Senator
Marchi. I congratulate them.
For some of them, it is clearly a
turnaround in positions that they've had in
the past, and I am delighted that they are
cosponsoring this, particularly Senator
Maltese. I am delighted that he's
cosponsoring this mandating of Article 15A
coverage in Lower Manhattan. We do need to
set aside those tens of millions of dollars in
work for minority and women business
enterprises.
So this again -- I never cease to
be amazed, as I serve in this chamber, at how
people's views can grow and change over time.
And as I say, this is my 27th session here.
So I'm delighted.
The only thing, frankly, missing in
this bill is sponsorship by the Senator who
represents the area. And to me, I've never
5072
quite experienced such discourtesy in those 27
sessions. And believe me, my colleagues, when
I arrived in the State Senate, my first
session as a freshman, 32-year-old freshman in
the Minority, I got 19 chapters. And they
were not local bills, because that's not how
we did them.
I see Senator LaValle looking at
me. He helped me with his student loan thing
for medical students. He was chair of the
committee.
I do have colleagues here who once
upon a time, as committee chairs, would work
with Minority members who had good ideas,
would have their counsels work with them, and
would -- and it wasn't all the last night.
You passed bills -- you know what, it was
good. Kept me out of trouble, kept me busy.
Kept me busy legislating, because you could
get bills on the calendar all throughout the
session, even as a Minority member. They
didn't just deal with your local needs.
So I raise this not because I need
-- this is a local bill. Gosh, I could have
passed it and I could get a pen certificate.
5073
Back from those days, I have all the walls I
can fit pen certificates on. I've got a whole
wall full of the ones -- my older colleagues
will know -- where Hugh Carey and Bob
Morgado's signatures disappeared. Because I
don't know what kind of ink they used, but
over the years, if you go into an older
member's office, you see pen certificates on
the wall and it's got no governor's signature
or no Bob Morgado's, secretary to the
governor's signature, because the ink faded.
But I got my share of Mario Cuomos
and a few George Pataki-signed ones too. And,
frankly, I got several boxes of pen
certificates sitting in a closet somewhere
because I ran out of room. So I don't need
any more pen certificates. I don't need the
pride that I passed the bill.
But, Mr. President, what I don't
need is the insult that, oh, it's in your
district, but other people are going to
sponsor it. And I don't blame so much my
colleagues -- although it did happen last
year, with the same sponsor -- as the Mayor's
incompetent Office of Legislative Affairs, who
5074
ought to be smart enough to look at a map --
ACTING PRESIDENT MARCELLINO:
Excuse me, Senator. Excuse me, Senator.
Senator Skelos, why do you rise?
SENATOR SKELOS: Mr. President,
would you please lay the bill aside
temporarily and return to reports of standing
committees.
I believe there's a report of the
Rules Committee at the desk.
ACTING PRESIDENT MARCELLINO: The
bill will be laid aside temporarily.
We'll return to reports of standing
committees. The Secretary will read the
report of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7190, by Senator
Andrews, an act authorizing the City of
New York;
7296A, by Senator Libous, an act to
amend the Insurance Law;
7550, by Senator Marchi, an act to
amend the Tax Law;
5075
7612A, by the Senate Committee on
Rules, an act to amend the General Municipal
Law and others;
7643, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
And Senate Print 7652, by Senator
Golden, an act to amend a chapter of the Laws
of 2004.
All bills ordered direct to third
reading.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Move to accept
the report of Rules Committee.
ACTING PRESIDENT MARCELLINO: The
motion is to accept the report of the Rules
Committee. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
Rules Committee report is accepted.
Senator Skelos.
5076
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 568.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
568, by Senator Little, Senate Print 5533B, an
act to amend the General Business Law.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MARCELLINO:
Yes, Senator, there is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MARCELLINO: All
in favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
message is accepted.
Senator Skelos.
SENATOR SKELOS: Read the last
5077
section, please.
ACTING PRESIDENT MARCELLINO:
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could have the
noncontroversial reading of Supplemental
Calendar Number 59C.
ACTING PRESIDENT MARCELLINO: The
Secretary will read the Supplemental Calendar
59C, noncontroversial.
THE SECRETARY: Calendar Number
1840, by Senator Andrews, Senate Print 7190,
an act authorizing the City of New York.
ACTING PRESIDENT MARCELLINO:
There is a home-rule message at the desk.
Read the last section.
5078
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MARCELLINO: The
bill is passed.
THE SECRETARY: Calendar Number
1841, by Senator Libous, Senate Print 7296A --
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MARCELLINO:
Lay the bill aside.
THE SECRETARY: Calendar Number
1843, by the Senate Committee on Rules, Senate
Print Number 7612A, an act to amend the
General Municipal Law and others.
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MARCELLINO:
Yes, there is, Senator.
SENATOR SKELOS: Move to accept.
5079
ACTING PRESIDENT MARCELLINO: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MARCELLINO:
Opposed, nay.
(No response.)
ACTING PRESIDENT MARCELLINO: The
message is accepted.
Read the last section.
THE SECRETARY: Section 77. This
act shall take effect immediately.
ACTING PRESIDENT MARCELLINO:
Call the roll.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MARCELLINO: The
bill is laid aside.
Senator Skelos, that completes the
noncontroversial reading of Supplemental
Calendar 59C.
SENATOR SKELOS: Mr. President,
will you please take up Calendar Number 1841.
ACTING PRESIDENT MARCELLINO: The
Secretary will read Calendar Number 1841.
5080
THE SECRETARY: Calendar Number
1841, by Senator Libous, Senate Print 7296A,
an act to amend the Insurance Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Libous, an explanation has been
requested.
SENATOR LIBOUS: Thank you, Mr.
President.
I rise tonight in the chamber to
first mention that I have completed 12 years
as chairman of the Mental Health Committee and
am pretty proud of what this body has done
over those 12 years in the area of mental
health.
We continue to fight the stigma for
those individuals and do what we've done for
people for disabilities, and tonight is no
different. We bring before you a long-awaited
piece of legislation that has been talked
about, bantered around, and one that addresses
the issue of mental health parity.
Mental health parity is something
that this house has felt very deeply about,
5081
very much concerned, and something that we
said that we would address in this session.
And, Mr. President, we are going to address it
this evening.
We bring before you, my colleagues,
a piece of legislation that brings, for the
first time in this state, parity for those
with mental illness, parity for those with
serious biological mental illness, parity for
children with mental illness, and an
opportunity to give them the long deserved and
awaited coverage that they have been looking
for.
ACTING PRESIDENT MARCELLINO:
Excuse me, Senator Libous.
Ladies and gentlemen, can we have
some quiet in the house. If you have a
conversation, please take it outside so that
we can hear this legislation.
Thank you, Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
One of the priorities of this house
and this committee and myself as chairman has
been to take care of the issues of mental
5082
illness, particularly with children. And I am
very pleased that this bill continues that
excellent record, Mr. President, and helps to
particularly cover a segment of children that
have not been covered in the past and that
will be covered once this legislation is into
effect.
It will affect children with
attention deficit disorders, disruptive
behavior disorders, pervasive development
disorders. And right now those children are
not getting the proper attention or health
care that they deserve.
This bill also goes a long way in
protecting the rights of small business. This
bill has an exemption for small business,
because this house has always had a concern,
at a time when we value every job in this
state, whether that job is created by a major
corporation like IBM or GE or that job is
created by a small company of one or two
people, of the hairdresser that is down the
block from us or a neighborhood grocery store
or a small manufacturing facility that
employee employs 20 or 25 people.
5083
And statistics have proven to us
and shown us that as health-care costs go up
and mandates continue to be imposed on these
particular businesses, that they drop their
coverage for everyone.
Mr. President, this bill does
provide an exemption to protect small
businesses but yet covers a significant amount
of people who need and deserve that coverage.
It provides an exemption very similar to what
the federal legislation does in Washington.
The federal legislation has an exemption for
employees and businesses of 50 and under, and
so does our bill.
We also take on the argument, in
protecting business but also providing
adequate coverage to those who need it, by
putting in a 2 percent premium cap on rate
increases. So that too goes far in protecting
small business.
But our bill does something unique,
something different. It has a clause in it
that would require that this body, once it's
passed and enacted into law, that there would
be a sunset and that sunset would require
5084
reporting, reporting back to this body on real
figures and statistics.
Because, Mr. President, one of the
things that has amazed me in my efforts, along
with the efforts of our committee in trying to
put an adequate parity bill on the floor here
so that we can protect New Yorkers who need
it, is that you can't get accurate statistics
from anywhere. No one seems to have the
statistics except for the ones that they want
to provide to you.
And I would challenge any
statistics that may come up this evening, Mr.
President, as to their accuracy. Because I
have to tell you, until we can get those
statistics and we can make them work, this
legislation, once enacted, will allow us to
come back and review and to provide us with
the actual reporting and information that we
will need so that we can continue to move
forward.
I'm proud to bring this bill before
us this evening. It is quite comparable to
the bills of other states. And, Mr.
President, I would ask for its adoption.
5085
ACTING PRESIDENT MARCELLINO:
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I have an amendment at the desk,
and I would like to waive reading and ask to
be heard on the amendment.
ACTING PRESIDENT MARCELLINO: The
reading of the amendment is waived. You are
free to speak.
SENATOR DUANE: Thank you.
The amendment that I've placed at
the desk would make it so that a mental health
parity in this body would track that in the
body across the Capitol. And let me first,
though I listened to and respect the sponsor's
work on this issue, discuss what the flaws are
in that legislation.
First, the exclusions. And I'm
going to focus mostly on perhaps the most
onerous and really the exclusion that just
makes no sense at all. And that's the
exclusion for coverage for those who have
substance abuse or chemical abuse problems.
Why, at a time when we are, for
instance, struggling to reform the Rockefeller
5086
Drug Laws, when the science has shown and that
there's been so much progress in the treatment
of substance abuse, why would we exclude
substance abuse treatment from this
legislation?
This body unanimously, or I believe
it was unanimously, approved a way to treat
eating disorders, which is a tremendous mental
health problem. And good for us, good for us
that we're dealing with that issue.
But how could we not cover
substance abuse and chemical abuse? It does
not make any sense at all. In fact, if we're
looking at cost-effectiveness, I would say
that probably the loss-leader in terms of
productivity in our workforce stems from the
problem of alcohol and drug abuse.
In fact, I would encourage everyone
to think about people who they've worked with,
and I daresay even think about your family. I
believe that probably each and every person in
this house has a family member or someone with
whom they've worked that has a chemical
dependency, an alcohol problem, a substance
abuse problem. And think about the damage
5087
it's done to a family, think about the damage
that it's done in the workplace.
How can we not cover, how can we
not cover help for people with chemical
dependency? How can we not try to save
families and workplaces that are so negatively
impacted by alcohol and substance abuse?
You know, science has come a long
way in the treatment of mental health
disorders. But there's still a tremendous
amount to be done. And I think we also know
of cases where I would say especially children
have been misdiagnosed. And yet the bill
without the amendment would limit the kinds of
things that children could be covered for for
their mental health issues, and to cover
certain behaviors that need to be treated.
The bill before us, without the
amendment, exempts small employers, those with
50 employees or under. But I would say that a
mentally healthy workforce in New York State
across the board is going to make New York
State a much more attractive place for
employers and for businesses.
Now, one of the things that the
5088
bill without the amendment calls for also is a
study of the impact of parity. There is no
need for a study. The data is there. The
data exists. There is no need to continue to
study what not having mental health parity in
this state is doing to us as a state.
Now, the amendment would cover the
full range of mental illnesses, and it would
also cover treatment for substance abuse,
chemical abuse, alcoholism. Makes sense. And
while the sponsor of the legislation says,
well, the federal government carved it out, I
would say they are absolutely wrong and it was
a horrible, terrible tragedy that they
exempted treatment for alcoholism and
substance abuse.
And again, please, think about your
own families, think about people with whom
you've worked, think about people who live in
your town, on your block, in your apartment
building, in your neighborhood. Are there not
people who need chemical and substance abuse
treatment? Do you not think that we would be
a healthier society, have a healthier
workforce, have healthier families if we
5089
included treatment of alcoholism and chemical
and substance abuse?
And really, who are we to dictate
what should or should not be covered for
children under the age of 18? Is that not
something better left to professionals?
Aren't psychiatrists and psychologists and
social workers much more capable of
determining what needs to be treated in
children under the age of 18 than we are? I
think so.
And everyone in the state needs to
be treated the same way no matter who they
work for, whether they work for a big
corporation or a small company. That you need
mental health services shouldn't be dictated
on whether -- on the size of the organization
that you work for. Either you need it or you
don't.
And I don't think we need a sunset
provision at all. I think we know what we're
talking about. I think we have lots of
knowledge on this issue, I think we have lots
of data, I think that mental health
professionals -- indeed, I would say health
5090
professionals across the board have spoken on
this. We don't need a sunset. We need just
to take action and let people get the
treatment they need, let children get the
treatment that they need.
I don't think 33 states are wrong.
Thirty-three states have programs similar to
what my amendment would call for in this
legislation.
But, you know, besides all of that,
I really think that we should be ashamed of
ourselves. Right? The Assembly is going to
pass one version, we're going to pass another
version. We're playing a game, the Assembly
is playing a game, the Governor is playing a
game. And still we're not going to be
providing the mental health services that
people need in this state. Shame on us.
Shame on us.
You know, this is a life-and-death
issue. It was life and death for Timothy.
It's ruined his family. It's ruined countless
families across this state because we're not
providing the coverage we should for children
and adults who need mental health services.
5091
It's wrong. We should be embarrassed, we
should be ashamed.
Look at your family. Look at your
coworkers. Look at your neighbors. Can you
honestly say that we don't need to pass a bill
this session? Yes, we do. A real bill with
real services that helps real people with real
problems.
Let's pass a bill that really helps
New Yorkers, that really provides the services
that New Yorkers need to stay mentally
healthy. Healthy workplaces, healthy
families, a healthy community in New York
State. Pass the amendment, pass a real bill.
Let's get this job done this session. Let's
get it done now.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, I rise to speak in support of the
amendment.
I think Senator Duane has made a
strong case for the amendment. Let me
emphasize only two things.
5092
The first really is what he was
saying at the conclusion, that we need to pass
a bill -- and I would suggest that beyond
that, we need to pass a law this year. And we
know what has passed the Assembly.
If we adjourn tonight -- which we
are doing because our leader told us we're
doing it -- and we pass the bill that is
before us, that Senator Libous has put before
us, we're ending the session with nothing. We
have two one-house bills. We have taken no
action.
This is the last night of session.
We don't need a bill; we need a law. The
Assembly has passed a good law. Senator Duane
has laid out many, many provisions of that law
that are preferable to the bill before us
tonight and that are embodied in his
amendment.
And I would urge all of you -- and
I realize sometimes people don't look at the
amendment process as seriously as they should.
We should adopt this amendment; we should be
passing the Assembly's bill.
And I want to mention one
5093
additional provision to those that Senator
Duane has enumerated. And this is in
subparagraph B of Section 2 of the bill before
us that Senator Duane is seeking to amend.
And I think that if we don't take this section
out, essentially we're passing a law that I
assure you will never cover one person in this
state.
The subparagraph at issue here
states that none of this law, none of this
pretense at parity will apply to any employer
or any purchaser of a policy if the insurance
company issues a certification prepared by an
actuary stating that the application of this
version of the bill will produce a 2 percent
or more premium cost increase.
That means any actuary employed by
any insurance company can simply say, Hey, I'm
an actuary, I'm employed by this insurance
company, and I'm telling you premiums will go
up 2 percent. Your $100 premium is now going
to be $102. And as soon as that is issued, no
coverage.
So unless I'm misreading this --
and we'll have a chance to speak about it
5094
later -- I think that we have a serious
problem of an exemption that swallows the law.
But let me come back to the final
point that Senator Duane made and the first
point that I made. If we pass the bill that
has been put before us, we are telling the
advocates, we are telling the O'Clairs, who
are here, we are leaving this year without
addressing this issue.
If you adopt Senator Duane's
amendment, we can tell all of them and hold
our heads up and be proud of the fact that we
have passed a law, we have dealt with this
issue.
And Senator Bruno has told us we're
leaving in a few hours. He's a man of his
word. But let's also keep our word to all the
people who fought so hard for mental health
parity. Senator Duane's amendment is a far
superior version of the bill, and Senator
Duane's amendment is the only thing that will
result in a law being passed this year that
will actually address this problem.
I urge everyone to vote in favor of
the amendment.
5095
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I rise in support of the amendment.
And I will just point out, for those of us on
both sides of this chamber who might have
forgotten, Senator Duane's amendment is the
original Senator Libous Timothy's Law bill
that 33 Republican Senators cosponsored with
him and 21 Democratic Senators asked, through
buck slips, to join as cosponsors with.
So in fact, 54 members of this
chamber are already on record as supporting
the amendment that Senator Duane has brought
before us tonight, the Timothy's Law that
would ensure that we leave Albany with an
actual agreed-upon bill in both houses.
Again, 54 members have already, on
record, committed to the bill that is now the
amendment that Senator Duane brings before us.
I urge all of us who supported the original
Senator Libous bill, or who asked to be
cosponsors of that bill but could not be, to
5096
remember that tonight when they vote on this
amendment.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Those
Senators in agreement with the amendment
please signify by raising your hands.
THE SECRETARY: Those recorded in
agreement are Senators Andrews, Breslin,
Brown, Connor, Diaz, Duane, Gonzalez,
Hassell-Thompson, L. Krueger, Onorato,
Oppenheimer, Paterson, Sabini, Sampson,
Schneiderman, A. Smith, M. Smith, Stachowski,
and Stavisky.
ACTING PRESIDENT MEIER: The
amendment is lost.
Read the last section.
Senator Paterson.
SENATOR PATERSON: Mr. President,
would Senator Libous yield to a question.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for a question from
Senator Paterson?
SENATOR LIBOUS: Mr. President,
I'd be honored to yield.
ACTING PRESIDENT MEIER: The
5097
sponsor yields.
SENATOR PATERSON: Senator
Libous, if the purchaser which we are talking
about, which is presumably the employer, is to
submit, from the Association of Actuaries, an
understanding that there's a 2 percent
increase in the premium, if there is a
2 percent increase in the premium set by the
Department of Insurance anyway, as Senator
Schneiderman was referring to, wouldn't that
categorically eliminate any chances of anybody
receiving this type of treatment based on the
increase in the premium?
Or are you saying that the
2 percent increase in the premium is being
caused by the treatment?
SENATOR LIBOUS: Mr. President,
let me address this issue.
The debate that led up to mental
health parity over the years has had a number
of interesting twists and turns. And the
advocates who support parity have said that
the increase to insurance would be no more
than .08 percent. Many businesses said that
the cost, added cost to insurance would be
5098
anywhere from 5 to 7 percent or higher.
It was our belief that that
increase was probably somewhere in the middle.
And this is where I go back to the statement
that I made, Mr. President, earlier, that the
information is hard to come by. It just
doesn't exist.
I'll give a case in point, if I
may, Mr. President and Senator Paterson.
Pricewaterhouse did a report for the
advocates, and they said the cost was a dollar
and some change. The same firm,
Pricewaterhouse, did a report for the
businesses and did a report that says it would
cost $7 and some change. Pricewaterhouse, I
guess it depends on who pays them, they come
up with a report that the client likes.
Now, in formulating this, Mr.
President, I take this very serious. Because,
unlike some of the comments that were made on
the amendment, this is no game. This is no
game at all. This is serious business. And
this bill is intended to provide coverage to
the mentally ill.
Now, Mr. President and Senator
5099
Paterson, other states -- because we looked at
every state. We examined hours upon hours of
other mental health parity bills. And unlike
the amendment and the bill that is in the
Assembly, no other state has a bill like that.
So it came to our conclusion very
quickly, that because no other state has a
bill like that, then we should pattern our
bill quite similar to what other states have
as far as their success.
And on this particular issue, it
was brought to our attention after extensive
study that in the state of Arizona, they have
a 1 percent cap. In the state of Arkansas,
they have a 1.5 percent cap. Indiana has a
4 percent cap. Mississippi has a 1 percent
cap. Nevada -- and I can go on and on and on.
And so the cap has been tested, Mr.
President. It has worked and been successful.
And it has to be verified by the Department of
Insurance. Just like any other agency that
comes before -- or any other company that
provides insurance coverage comes before the
superintendent and the department, it would
have to be verified.
5100
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Libous would continue to yield.
ACTING PRESIDENT MEIER: Does the
sponsor continue to yield?
SENATOR LIBOUS: I would, sir.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: The reason
that I'm curious, Senator Libous, and I'm not
exactly sure where you come out on this, is
that in one of the original drafts of this
bill they were actually suggesting that if the
group purchaser actually believed that there
was a 2 percent increase in the premium, then
they would not have to sustain the coverage.
Now, there's more of a finite way
to find out. It would be -- the Department of
Insurance would be given what the actuaries
actually are.
And, more simply, my question is
that since the agency that measures substance
abuse and other mental health services, the
substance abuse/mental health services
5101
administration, has actually said that full
coverage, which would include even alcohol,
substance abuse and chemical dependence, even
with all of them in, that they didn't think
that the premiums would rise any more than
1 percent.
So I was wondering why we listed
that if the premium exceeded 2 percent, that
the group purchaser would not have to provide
the coverage. So I assumed the only way we
could get to 2 percent is if the Department of
Insurance raised the actual premiums on their
own, which they have the power to do, meaning
that the Department of Insurance could shut
down the coverage if it happened to do that.
And I'm not suggesting that it's a
game, I'm just saying that it in a sense is a
poison pill, that even though the intentions
might be there to provide coverage, it would
in reality never occur.
And that's what I'm asking you, to
what extent does the regulation of rates by
the Department of Insurance trigger the denial
of that coverage?
SENATOR LIBOUS: Mr. President
5102
and Senator Paterson, I did not ever intend to
say that you thought this was a game. I was
referring to other comments that were made on
the floor before this.
But let me say this. Our intention
here is to provide mental health coverage.
Our intention is to provide it to as many
people as possible. In looking at the
exceptions that have taken place by the
percentages in other states and other
legislation, in most cases, believe it or not,
the advocates have been right and that those
costs have not exceeded an exorbitant amount,
and in some cases not exceeded 1 percent.
And we felt, because if you go back
to what I said earlier that there would be a
study provision in this bill and there would
be a sunset in this bill, that for once and
for all we would be able to evaluate costs.
Because my intent, Mr. President and Senator
Paterson, is that although alcohol and drugs
may not be a part of this, that as other
states have done, included it down the road.
So I see the 2 percent as a
positive thing. I see it as an opportunity to
5103
prove, once and for all, along with the sunset
in the study, that those costs are reasonable
and that the coverage could be. But we have
to have that empirical data. It's very
important to have that accurate information.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: I have to
excuse myself for a moment. I have to go and
talk to the leader about something.
But before I do, I would just like
to first apologize, in a way, to Senator
Libous. Because I didn't mean to suggest and
did not want him to have to answer for the
fact that I thought he was accusing me of
playing a game. He knows that we both take
these issues quite seriously, as we've both
been involved in the mental health field.
And this just may be one of the
disagreements that we've had. And we have
actually worked out our disagreements in the
5104
past. And I hope we can work them out now,
because I find this bill extremely troubling.
It is devastating to my hopes when I came in
this morning that we'd be able to pass some
version of Timothy's Law.
I don't think that we could even
consider it to be that, because I don't think,
tragically, that Timothy would even have been
eligible for this particular coverage. There
are just too many triggers that would have
stopped it.
We have a number of mood disorders
that are listed in the bill -- schizophrenia,
schizoaffective disorder, major depression,
bipolar disease. Now, in terms of
schizoaffective disorder, that was something
that in a sense came about because of the fact
that in terms of the mood disorders, bipolar
disease covers only about 43 percent of the
cases. So we don't even really know what they
are.
Then as one of the disorders they
list paranoia. But there are actually two
subsections of paranoia. One is paranoia
schizophrenia type, which is 295.30 in the
5105
DSM-IV, and the other is paranoia personality
type, which is 301.0 in the DSM-IV.
And what confuses me about that is
that here, the mood disorder is included but
the personality disorder is not included.
Which I just cannot rationalize, and I really
don't know anyone in the field who actually
would.
Then we list as part of it -- we
don't include posttraumatic stress syndrome in
children, particularly, where it's
well-documented that this influences the young
mind in such a way as to cause different types
of disorders. If we want to argue this case
with adults, that's one thing. But with
children I think it's pretty much established
that early trauma can create extreme brain
syndromes or mental disease or disability.
And then we have listed in the
bill, one of the coverages is for panic
disorder. Well, that's an anxiety disorder,
but we don't cover all of them. So it's just
very confusing.
And also, the diagnoses are not as
strict and coherent to the actual mental
5106
illnesses. They're really -- psychiatrists
will tell you they can barely diagnose
50 percent of the cases, that they're actually
that difficult. It's hard to put a label on a
mental disease or mental disability.
So that being the case, I can't
understand this bill from the application of
who is going to be eligible and who isn't.
Now, when it comes to children, it
says that it's a diagnosis plus conduct.
Well, often the conduct of a young person
leads to the diagnosis. But anybody in the
psychiatric field will tell you that the
conduct is often intermittent.
So you can have a diagnosis, the
conduct is not accompanying it right away,
it's latent, and by the time the conduct shows
up, you're actually in a situation where
you're at the end of the treatment, where the
patient is in serious -- seriously suffers
from the possibility that they may have some
major trauma or even, God forbid, an action
they take against their own lives, whether it
be successful or unsuccessful.
So here's another area where this
5107
bill is just woefully incomplete.
Now, when you factor in the fact
that there's a sunset provision and a study,
it sounds almost as if we don't really believe
that people with mental health illness are as
eligible as people with physical illness to
receive treatment. We're saying that
companies that have 50 employees or less may
not have to provide the treatment.
We have moved toward Project
Healthy New York to have that opportunity for
those who have physical ailments, and here we
are taking another giant step backward by not
providing that to those who have a mental
hygiene disorder.
And these are just, you know, a
cursory explanation of the myriad problems
that I have with this legislation. And it's
certainly not for the lack of effort on the
sponsor. But this is one time I'm entirely
disappointed by this bill. I can't think of
too much more anxiety I would feel from this
source.
We are not providing to people who
have these illnesses -- it's almost as if
5108
we're going back thirty years, where we're
sort of questioning whether or not mental
illness exists at all, where we're thinking
that people who suffer from major depression
are just lazy.
These are chronicled. There are
four editions of psychiatric manuals that
document that this is real, it exists,
families suffer from it.
I thought we were at a point at
this time where no one had to apologize for --
no one has to apologize if they fall down and
hurt themselves and they can't walk anymore.
What about someone that suffers some sort of
trauma in early childhood and it affects their
ability to compute, to reason, to rationalize,
to in many ways form a reality that is
basically commensurate with what we would call
normal behavior?
And I think that in many ways we're
almost, through this piece of legislation,
blaming the victims, blaming them for the fact
that they have these problems, and not
providing them treatment in some respects
until maybe it's too late. I don't want to
5109
lose another Timothy or anybody else that
could have gotten treatment that could have
helped them.
This is not to even in any way
imply that the legislation itself doesn't
manifest sincere caring or concern for the
victims. I'm just saying that it is not in
any way -- it's almost anachronistic with what
modern psychiatric study and statistics
actually reveal.
I implore those who have worked on
this legislation to take it back somewhere,
take another look at it and let us present
witnesses, doctors, and the statistics that
will bear out the fact that we're going to
have to provide this service, number one, to
more people, that we're going to have to do it
with premiums that are fair and equitable, and
that we are going to have to make sure
particularly that it is understood that
children who suffer from trauma, whether it's
physical, sexual or emotional, that they are
given the opportunity to receive help while
perhaps it can reverse many of their
attributes and their conduct and they can
5110
become active citizens in our society.
I'm planning on voting no, Mr.
President. And I'm just certainly hoping that
since we haven't been able to -- our offices
have not been able to finish business tonight,
that we'll be back here shortly and perhaps
look at another piece of legislation.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Yes, thank you,
Mr. President.
You know, I've been listening with
great interest, between phone calls with the
Governor and Mayor Bloomberg and some of the
others that have an interest in what we're
doing here tonight and what we're not doing.
And this is one of the most serious pieces of
legislation.
And I have the greatest respect for
Senator Paterson and for some of the others
that have been speaking about their feelings
about this legislation.
Senator Libous has provided
leadership in moving this forward as it gets
to the floor.
5111
And I really just want to share
with my colleagues, this is not political.
This is not grandstanding in any way to do
something for everybody in the universe that
is a good thing. That's not what this is
about. This is about taking a giant step
forward to create parity for those who have a
mental illness of any type. That's what this
is all about. This is for real.
And I'm very cognizant, as you are,
and I remind you, as may have been stated,
that for every 1 percent of increase in
insurance rates in this state, another 30,000
people join the 3 million uninsured with no
insurance here in this state. And 2 million
of those people end up in the charity pools,
because health care is a mandate.
So, do we do a public service if we
inadvertently drive the insurance rates up by
trying to deal with a universe that's out
there that we're not certain of what that
means?
So this bill, in a very, very real
way, helps maybe 75 percent, 80 percent of the
population that's out there. And it gives us
5112
an opportunity to look at what the
ramifications are and hopefully, in a very
short period of time, move forward to cover
whatever else it is that we haven't covered.
So I am hearing what you have to
say. And the Assembly has a bill that they
passed last year that covered a universe. In
the most conservative estimates, that it could
very well drive 60,000 people more to the
uninsured. That is not a public service in
any way.
To the Assembly's credit, they
negotiated and they came up with a credit,
saying that with small business, that we will
give them the credit. And that's been
discussed.
Well, the estimates are that that
is a budget hit of about $50 million to
$125 million. And when you're looking at a
$4 to $5 billion deficit, it doesn't work. It
also establishes a precedent, potentially,
that will be a problem for all of us as we
face it.
So we cannot mandate to small
businesses additional costs of insurance,
5113
$6,000 or $7,000 a year per individual.
Employers with six employees, 10 employees,
20 employees, they can't manage that, many of
them, and stay in business.
So what we are trying to do is not
be clever, not be cute, not be political, not
be argumentative, not be confrontational, but
to try and very sincerely help a large
population that is waiting for help.
And I see the O'Clair family is
here in the chamber. And they have been
diligent in helping us recognize the necessity
of helping the tens of thousands of people
that truly need help. And we're indebted to
them for that.
So we want -- and I say this to
Senator Paterson, in all respect to those that
have different opinions, I'm sharing with you
tonight that we are not going to be doing a
bill that has a tax credit in it. We're not
going to do it. Not in three weeks, not in
three months, not next year, we're not going
to do it. And I don't say that in a
confrontational way. It is not going to
happen. And if it landed, by some miracle, on
5114
the Governor's desk, it would be vetoed.
So if you want to be helpful, and
if you don't want to just politicize this
issue, then I would appeal to you, in all
sincerity, to help the people out there who
are waiting for us to help them. And that's a
large segment of the population.
So, Mr. President and colleagues,
what we're trying to do here is real and
meaningful. And I sincerely believe that if
we get some help in the entire chamber, that
the Assembly will have to look at this, they
will have to recognize that there's a large
population out there looking for us in the
Legislature to help them. We want to help
them, and we want to help all of the others
that are out there get mental parity, because
it's way overdue here in this state.
Senator Libous, thanks again for
your leadership.
And I really, I appeal to you to
take this huge step forward in helping a
population that is waiting for us, their
elected representatives, to help them.
Thank you, Mr. President.
5115
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: Thank you,
Mr. President.
I think Senator Bruno basically
said it all. I was going to bring out several
points, and that is there is no perfect bill
that is ever going to be generated out of
either house.
The fact of the matter is in all
legislation we balance the various factors in
coming up with something that will work. It
would be foolhardy to provide for benefits
that will result in more people becoming
uninsured. That just would be irresponsible.
We'd be helping a few and taking others off of
the rolls of all types of insurance.
So whether this bill is perfect or
5116
not, it certainly moves the issue much further
than it's ever been before. And it puts many,
many more people with health insurance that
will cover mental health issues.
And rather than being questioned
and being critical about the bill proposed
here by Senator Libous, we should congratulate
him for bringing this debate this far and for
working so hard for so many years on this
issue.
And I'm going to vote yes on this
bill with hopes that we get a real bill by
both houses this year. We have to do that. I
vote aye.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the
affirmative.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
Let me start off by offering my
deep sympathy to the O'Clairs, who are with us
tonight, for the loss of their son. Timothy
was my constituent. And this tragedy that
happened in this Capital District is a tragedy
5117
of great proportions.
But let me just say something to
everybody in this chamber and those of you in
the gallery. I have to pay my respects to Tom
Libous, Senator Libous, for the effort that he
has put in on this. He is totally committed
to helping and to trying to solve this
terrible problem.
Timothy O'Clair would have been
covered under this bill. I think that is
significant. The perfect bill has never been
written in this house, probably will never be
written in this house, but this is a good
start. This is one that will cover a great
number of people.
And I think it's something that is
truly a tribute to the sponsor here. And I am
a sponsor of this bill. Because Senator
Libous -- I know of no one that I have ever
served with in 28 years has been more
committed to his committee and to trying to
help people who are disabled. And I can't say
enough on how hard he has worked on this.
And it's very, very difficult to
come up with a bill that's going to satisfy
5118
everybody, but this does satisfy an awful lot
of people in the industry -- in the area,
rather. And I certainly congratulate you,
Senator Libous, and I'm going to vote aye.
And again, as I leave this, I wish
to say to the O'Clairs, who have worked so
hard on behalf of the memory of their son,
this is a good start and it's one that would
have covered Timothy.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Farley will be recorded in the affirmative.
Senator Bonacic, to explain his
vote.
SENATOR BONACIC: Thank you, Mr.
President.
I think a very significant
accomplishment has taken place tonight. And I
know probably the parents of Timothy are
disappointed. But, but for their efforts, I
don't think this first step would have been
taken.
I think the thing that strikes me
about what we're doing tonight is that we are
helping a substantial amount of people who
5119
have mental illness that never would have had
coverage before. And we, when we try to
tackle health insurance and we talk about
rising premiums and balanced approach, until
this country makes a decision on national
health insurance for all Americans, we are
always going to proceed in a patchwork frame,
only going piecemeal as to what we can afford.
And I've listened to my colleagues
on the other side of the aisle. The things
they say in helping others are meritorious.
The problem is we are not in a position today
in New York to have the fiscal means to
balance, to try to keep business alive, not to
drive people to the uninsured.
So I vote in the affirmative. I
thank Senator Libous and all those that worked
on this. I thank Timothy's parents. It's not
over yet. And I know in the future it will
get better in improving this fight.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Bonacic will be recorded in the affirmative.
Senator Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
5120
President.
I really always get saddened when I
hear our great state compared to Arkansas and
Mississippi. We can do a lot better than
that.
You know, we're encouraging New
Yorkers to spend money on VLTs. And maybe
leadership would call for us to have New York
spend a couple of dollars per person on
providing mental health coverage.
You know, I'm not apologizing. And
I do not anyone to apologize for me. Yeah,
it's not a game. This is a sick, shameful
typical New York government nightmare failure.
There's plenty of blame to go around, all
around this Capitol. Not just here, all over
the Capitol, plenty of blame to go around.
But the proof is that we're not
leaving here with a law tonight. And tomorrow
we're going to have to look at our family
members and our coworkers and our neighbors --
and, you know, no guarantee of blanket
comprehensive coverage for children, no
coverage for substance abuse? Forget about
it. I'm voting no.
5121
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
Senator LaValle, to explain his
vote.
SENATOR LaVALLE: Thank you, Mr.
President.
I rise to support this legislation,
to commend Senator Libous for the many, many
hours and meetings and trying to meet
somewhere in the middle to find a solution,
that we would have a bill on this very, very
day.
But I wanted to remind everyone of
a bill that I carried some years ago on
infertility. And we came to the floor several
times before we ended with a resolution. I
want to just reinforce something that is very
important that Senator Bruno talked about. We
talked about this in the debate on the
infertility bill.
When we're adding a new service and
we try to be responsive to the stakeholders,
the constituency that is making this request,
we do so in which we have to thread a needle.
And that needle is to provide important
5122
services but not increase the premiums and
thereby drive a greater number of people to be
uninsured.
And so we need to move forward.
Mental health services are critical. They're
very important. And we're going to get there.
And it may take a little longer during this
year. But we cannot increase the number of
uninsured as we try and resolve the issue on
the other side, and that is to provide
important services.
I vote in the affirmative, Mr.
President.
ACTING PRESIDENT MEIER: Senator
LaValle will be recorded in the affirmative.
Senator Liz Krueger, to explain her
vote.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. I rise to explain my vote. I
voted no on this bill.
And I heard Senator Bruno, and I
have to challenge some of the statements he
made. This won't serve 75 percent of the
population out there, and we know that.
Because in fact, at least 40 percent of the
5123
workers in this state are exempt already
because they're in the type of employment that
would not be covered by any insurance decision
we made tonight.
And if we exempt people with
companies below 50, we're exempting another
universe of people who need this insurance.
And of course if we exempt all the
non-diagnosed categories in this bill, we
exempt large numbers of people who need our
help. And the fact that this bill doesn't
cover substance abuse or alcoholism exempts
another universe of people who need this
coverage from this bill.
So I can't -- Senator Libous said
we can't know what all the statistics are, and
I agree. But we know it doesn't cover
75 percent of the people who need mental
health parity insurance in this state.
And he also said no matter how long
we wait, we won't see tax credits that are
available for mental health parity. And so I
have to ask the question, why, if we can't
have them for mental health parity, a week ago
this house passed new tax credits for small
5124
businesses to the tune of $665 million as part
of the tax package, tax reduction proposals of
S7471.
And there was no public debate.
There were not years of discussion. There
were not hearings. There were not advocates
coming to Albany with their explicit
justifications for why this is so important
and why it is not a game.
And then just yesterday, without
any discussion, without any hearings, we
passed a bill involving health savings
accounts that would cost the State of New York
$1.6 billion, an additional $1.6 billion.
And one of the statistics thrown
out there was in other states that have gone
down this road, 30 percent of the people
participating didn't have health insurance
before, which means 70 percent did.
So if we can spend $1.6 billion
with no debate and we can pass tax cuts of
$665 million, I would argue we need to explore
$125 million in tax credits for this bill.
I will be voting no. Thank you,
Mr. President.
5125
ACTING PRESIDENT MEIER: Senator
Krueger will be recorded in the negative.
Senator Schneiderman, to explain
his vote.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I also will be voting no.
And I think that we certainly have
everyone's attention here tonight. Senator
Bruno requested that. The chairman of the
Assembly Committee on Mental Health is here.
Assemblyman Tonko, the sponsor of this bill,
is here. We have the advocates here, we have
the family here.
And I think everyone here
understands what's going on in this chamber
tonight. We're not coming to agreement on a
bill, after many promises and much public
discourse about it. We're leaving here this
year without addressing this issue.
And I would urge my colleagues that
the price that we pay for our failure to cover
mental illnesses is much greater than the
price that we would pay if we put up a little
more money to treat people. And everyone
knows this.
5126
The cost to the state, the cost to
our workforce, the cost to our families, the
cost to our economy from our failure to
provide parity is far greater than any amount
that we would commit to this.
And I appreciate Senator Bonacic's
plea for universal health care. We have a
bill that we can't get to the floor here
called New York Health that would provide
universal health insurance in the State of
New York. And for reasons that should be
obvious after this debate, it would be cheaper
for us to give everyone in New York State an
insurance card than it would be to go on with
this system with many insurance companies,
various coverages and deductibles.
And finally, I have to say, with
regard to some of the statements made by my
colleagues on the other side of the aisle, it
is clear that we're in an area here where
there is a lack of clarity, where insurance
companies that have a propensity to deny
coverage -- because that's what they do, and
you have to fight with them sometimes for even
very basic treatment -- could take a bill like
5127
this, that has so many vagaries, so many
loopholes, so many definitions, so many
additional requirements, and reject pretty
much every claim.
I would urge you that if we're
going to go forward with this, let's take out
the most offensive provisions. Let's take out
the requirement that even if a child is
diagnosed with a mental disorder, you still
have to have this conduct in addition to the
diagnosis. That's outrageous.
And I would also urge my
colleagues, and particularly Senator Libous,
who, with reference to the 2 percent
provision, made a reference to actuaries
submitting things -- an actuary can submit,
there's no requirement that the Department of
Insurance sign off on it. A certification
just has to be prepared by an actuary and
submitted.
Well, you referred to
Pricewaterhouse as being, you know, available
for payment. I have here a report by the
actuaries at Pricewaterhouse -- that are
exactly the people who could be submitting, on
5128
behalf of an insurance company, a
certification -- studying the costs and
effects of parity for mental health and
substance abuse insurance benefits, and noting
that they range from 8.7 percent to
3.9 percent to 3.2 percent to 4.0 percent to
0.4 percent.
This bill is not going to cover
anyone. It's not going to cover anyone
because of the loopholes and the problems and
the conflicts. And it's not going to cover
anyone because it's not going to pass the
Assembly. We're leaving here without taking
action on this issue. Let's not pretend
otherwise.
I'm sorry, I'm sorry we have not
gotten this done this year. We will do
everything we can do to keep the fight up.
I'm voting no.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the negative.
Senator Libous, to explain his
vote.
SENATOR LIBOUS: Thank you, Mr.
President. I'd like to explain my vote.
5129
Senator Bruno, first of all, I want
to thank you for showing your leadership and
taking a major, major step here this evening
on an issue that needed to be addressed. And
because of your passion and your leadership,
that issue is being addressed.
And, Mr. President, I respect the
passion of my colleagues on the other side of
the aisle. This is a very, very emotional
issue. This is an issue that makes all of us
sometimes question how we lead and how we take
our place in public service. And these are
issues very similar to -- this is an issue
similar to abortion, the death penalty and
others.
But I have to take exception in
saying this, that I see this as a major step
this evening, rather than taking a negative
outlook and a negative aspect on a bill that I
think there's some confusion on.
And I would ask you, even if you
voted against this, to take the bill and read
it, to go back and talk to people in the field
and understand that what this does is takes a
major step in covering those individuals with
5130
serious biological mental illness. And it
goes extremely far in taking care of those
children.
The amendment that was on the floor
this evening is quite fuzzy in some of those
areas, and quite open in trying to really
clarify and classify certain types of illness.
But I want to leave with this.
While I think this bill needs to be passed
this evening because it moves us very
positively in the right direction, I also
would hope that the members of the Assembly
that are here, and those that may be
listening, would heed what Senator Bruno had
said. That while this bill is passing this
house, we are open to discussion, we are open
to only one thing, and that is to create
legislation that will help the mentally ill.
Now, we believe that this is the
right way to do it. We believe that this is a
balanced approach. We believe that you cannot
just open the floodgates at any cost, and
jeopardizing those people who will then be
uninsured because those companies will drop
their insurance coverage. So there's two
5131
edges to this sword. And you have to be very
careful in watching it.
And, my colleagues, I would close
in saying this. I too want to thank Tom and
Donna O'Clair for their passion. No one knows
how they feel; only they do. No one knows the
frustration that they feel. And no matter
what we say on the floor, no matter what we
try to do, it cannot heal and cannot take the
place of their loss of their most precious
son.
I would only hope that they
understand that while we may be taking
different approaches in how we reach the final
goal, that we are as passionate and as
committed to make something real happen, and
that we feel that this is the best approach,
not the other approach that was passed in the
other house.
ACTING PRESIDENT MEIER: Senator
Libous will be recorded in the affirmative.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect on the first of January.
ACTING PRESIDENT MEIER: Call the
5132
roll.
I'm sorry. Senator Connor.
SENATOR CONNOR: To explain my
vote, Mr. President.
I haven't put my hand up yet; I
haven't voted. I'm kind of torn, because I do
believe that very often the perfect is the
enemy of the good, as we've heard before. And
clearly the bill before us will help some
people who otherwise would not be helped if
there's no change in the law.
But on the other hand, I don't get
to vote my preference. I did that on the
amendment. We rarely, on final bills here in
this house, on this side of the aisle, get to
vote our preferences. We get to see if
something's good enough or it advances
something.
And while this bill certainly
advances the cause, what I see here is an
invitation to negotiate. I certainly take the
good faith of everyone involved. I know my
colleague Senator Libous, on the other side of
the aisle my colleagues are serious about
trying to do something. But when I hear
5133
someone say "And we're open to talk," that
sounds like negotiations. And I don't believe
in negotiating against myself.
So I'm voting no.
ACTING PRESIDENT MEIER: Senator
Connor will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1841 are
Senators Andrews, Breslin, Connor, Dilan,
Duane, Hassell-Thompson, L. Krueger, Lachman,
Meier, Parker, Paterson, Sabini, Schneiderman,
Seward, A. Smith, M. Smith, and Stavisky.
Also Senators Diaz and Gonzalez. Ayes, 41.
Nays, 19.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we ask for an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
5134
the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: And, Mr.
President, can we at this time take up
Calendar Number 1844.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1844.
THE SECRETARY: Calendar Number
1844, by Senator Johnson, Senate Print 7643,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
Could members who are exiting try
to do so quietly, please.
There is a message at the desk,
Senator Bruno.
SENATOR BRUNO: I would move that
the message be accepted.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
5135
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
message is accepted.
The bill is before the house.
Read the last section.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR JOHNSON: Mr. President.
ACTING PRESIDENT MEIER: Senator
Johnson.
SENATOR JOHNSON: There's an
economic crisis in this state that's been
growing worse year by year, and it has to deal
with leased automobiles. Three years ago,
240,000 cars were leased; last year, only
140,000; and it's estimated this year about
50,000.
We are denying consumers the
opportunity to lease cars which they want.
They cannot afford to buy it, and they are
just holding off leasing, buying secondhand
cars, whatever they have to do.
5136
The industry is losing out, and the
consumers are losing out. And the reason is
an anachronistic law which was passed 80 years
ago called "vicarious liability." This bill
is going to deal with the vicarious liability
problem.
You see, when this bill was passed
in 1924, there was no such thing as leased
automobiles. It was to deal with cars which
were owned by wealthy -- relatively wealthy
people. There were no requirements for
insurance. That situation does not exist
today. Today, most people have insurance.
The reason these leases are
declining is because lawyers noticed that this
law was on the books and decided when they sue
a person who has an accident, they also sue
the owner of the leased car, resulting in
multi-million-dollar lawsuits and really
devastating many leasing companies because
they could not purchase or could not afford to
get insurance, so they're simply withdrawing
from the market.
That is an unhealthy economic
situation. Nobody benefits from this
5137
situation.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR JOHNSON: No, I'm not
done yet. I made a lot of notes, but I wrote
them so small --
SENATOR SCHNEIDERMAN: Take your
time.
SENATOR JOHNSON: Yeah, we have
to wait until the other people get back
anyway.
SENATOR SCHNEIDERMAN: Yeah,
we've got time.
SENATOR JOHNSON: Anyhow, so the
original situation involves owners of cars
hiring drivers, essentially, without any
insurance or any financial responsibility.
Now, this lawsuit, I say, has
resulted in 48 leasing companies leaving this
state and creating the problem which I summed
up before.
Now, since I put my last bill in
last year and the year before, at that time
there were three states in the nation which
permitted vicarious liability. Since then,
5138
Rhode Island and Connecticut have reformed
their laws so the problem doesn't exist
anymore.
We have taken the model of those
states and created a bill similar to that
which certainly should be acceptable since
it's been acceptable to all interests and
varied interests in both of the other states.
This would provide that the owners,
the lessors of the car carry insurance to back
up the lessee's insurance, which you know
we're all required to carry, leaving a total
of almost $700,000 worth of liability
insurance protection behind each car.
I think it should be satisfactory
to everybody involved. And it's a good bill,
it has to be done for the welfare of this
state and the industry and the consumers, as I
said, and should be adopted at this time.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President, if the sponsor would yield for a
question.
SENATOR JOHNSON: I thought I
5139
answered them all.
Just go ahead. Of course, of
course.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR SCHNEIDERMAN: The
sponsor referred to his bill of last year. Is
the bill before us now different in any
respect from the bill that was before this
house last year?
SENATOR JOHNSON: It's different
in just about every respect, yes. It doesn't
do away with vicarious liability, which the
other bill intended to do.
SENATOR SCHNEIDERMAN: Sorry, if
I could interrupt the dynamic duo here for a
moment, I can't hear the responses.
SENATOR JOHNSON: The last bill
changed the definition of "owner" and
essentially did away with vicarious liability.
This leaves that chapter in there,
but it says if the lessor and lessee have
sufficient insurance coverage, then the
previous chapter, which is still on the books,
would not apply. But the protection is there
5140
for the person who is sued and so on.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Johnson, do you continue to yield?
SENATOR JOHNSON: Yes.
SENATOR SCHNEIDERMAN: So if I
understand you correctly, then, this would
require a certain level of insurance, and if
that level of insurance were maintained, then
the vicarious liability law would be
eliminated. But if they don't have that much
insurance, then you'd still be able to bring
an action for vicarious liability. Is that --
that's --
SENATOR JOHNSON: Yes.
SENATOR SCHNEIDERMAN: Okay.
Thank you. Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I would
like to thank the sponsor for his explanation,
even better than his explanation of this bill
last year.
5141
However, I still have to oppose
this legislation, for reasons similar to the
ones we discussed last year. This would
eliminate the rights of injured parties to
recover in many, many circumstances.
And the sponsor referred to the
history of vicarious liability law, and I'd
like to remind everyone here that the reason
we have a law of vicarious liability is that
in the common law, in the tort law, we have
complicated situations where you try to
determine -- and I remember these puzzles from
law school -- who should bear the cost. You
have an owner, you have a party who's actually
the -- whose conduct is at issue, you have
someone who caused the circumstances that led
to the conduct. And under the American system
of justice, we have to determine who should
fairly bear the burden, who should pay.
And I would like to remind all of
you of the salutary purpose of the vicarious
liability law of the State of New York as
expressed by the Court of Appeals in Mowczan
v. Bacon, a 1998 case.
"The thrust of the statute" -- I'm
5142
quoting now -- "is designed to give injured
persons access to a financially responsible,
insured entity that might provide for a more
realistic recovery of damages. The enactments
also remove a hardship and imbalance which the
common law rule visited upon innocent persons.
To wit, owners would not be permitted to evade
responsibility by claiming that their vehicles
were being used either without authority or
not in the course of their business."
Vicarious liability is a fine
principle of law. It's a good principle of
law. It is something that has been upheld in
every court, in every state, in various
circumstances. And I would urge all of you
that it's getting a bad name it doesn't
deserve through the propaganda of the
so-called tort reform movement.
The point of vicarious liability is
simply to say if you retain ownership of the
vehicle, you have a responsibility.
Now, let's look at what we're
talking about here. One of the most basic
principles of tort law is when you're trying
to determine who's at fault, look at who's
5143
making money. If somebody's making money out
of the transaction, they're profiting from the
enterprise by which someone is injured, that's
the first place to look for recovery. That's
the first place to look for recovery.
And the problem we've got here,
simply, is we have an industry that's losing
money and they don't want to give up the
benefits of ownership of the car, the
automobile leasing industry, but they want to
give up the responsibility for ownership.
I would urge the sponsor that the
problem of the reduction in leases that has
led to this campaign to repeal vicarious
liability laws, or limit them, as in this
case -- this problem is a national problem.
And it is not because of vicarious liability.
A recent study has shown that
nationally the number of car leases shrank
50 percent in a two-year period. In the years
2001 and 2002, the number of car leases was
reduced by 50 percent. That's in states all
across the country, many of them that don't
have the vicarious liability provisions which
we nobly maintain here in New York.
5144
They shrank because people aren't
leasing cars. They have zero percent
financing, the number of car leases is
going --
ACTING PRESIDENT MEIER: Excuse
me for a moment, Senator Schneiderman.
Senator Balboni, why do you rise?
SENATOR BALBONI: Yes, Mr.
President, would the gentleman yield for a
question, please.
ACTING PRESIDENT MEIER: Senator
Schneiderman, do you yield for a question?
SENATOR SCHNEIDERMAN: I will in
just one moment, but I'm on this train of
thought and I'm afraid that I'll get off at
the wrong stop.
But I welcome the opportunity,
before the dance is done, to have another
round with Senator Balboni.
The point that I'm making is that
this is an industry that retains the benefits
of ownership but will give up the
responsibility. Let me urge you, in
considering whether or not to vote for this
bill, to consider the following fact -- and
5145
then I would be glad to talk with the
distinguished Senator from the Gold Coast.
Depreciation is a principal benefit
of ownership. Now, automobile companies that
lease get to depreciate a car. They don't
want to give up the benefits of ownership or
the responsibilities of ownership for that
purpose.
And, Senator Balboni and Senator
Johnson, the federal tax code, Section 168 of
the Internal Revenue Code, provides that
20 percent of the cost of the vehicle can be
depreciated in the first year, 32 percent the
second year, and 19.2 percent the third year.
Applying these percentages to a $20,000 car --
which is low -- the car leasing companies can
deduct $4,000 for each of their one-year-old
vehicles, $6,400 for a two-year-old vehicle,
and another $3,800 for each of the
three-year-old vehicles.
So this is a situation in which an
industry is losing money. They want to keep
the benefits of ownership, but they want us to
take away a fine principle of law, vicarious
liability, and give up the burdens of
5146
ownership for those purposes.
I don't think there's any reason
for us to say, here in the great state of
New York, oh, well, other states have done
this, so we should do it. If I lend my car to
someone, I don't get an exemption. And I'm
not making money out of the deal.
This is something that actually
singles out the group of people who probably
are least deserving, under the basic
principles of tort law, of being exempted from
vicarious liability actions -- those who
profit from the transaction -- and cutting a
big loophole to help out an industry that's
having problems leasing their cars.
I am going to vote no for this bill
unless something occurs in the ensuing
minutes, through the dazzling performance of
my distinguished colleague on the other side
of the aisle, to change my mind.
And in that spirit, I would be
happy to yield to a question from Senator
Balboni.
SENATOR BALBONI: Mr. President,
through you, would the gentleman care to tell
5147
everybody in the chamber how many other states
have a vicarious liability exemption as it
relates to leased vehicles?
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if my distinguished
colleague had listened to the brilliant
explanation by the sponsor of the bill, he has
already addressed that issue. No states.
SENATOR BALBONI: Thank you.
Obviously he's not letting me preface the
question.
Next question is, out of all those
states, can --
ACTING PRESIDENT MEIER: Senator
Balboni, are you asking Senator Schneiderman
to yield for another question?
SENATOR BALBONI: Mr. President,
through you --
ACTING PRESIDENT MEIER: Wait,
wait, wait.
SENATOR BALBONI: Mr. President,
through you --
SENATOR SCHNEIDERMAN: Hold on, I
know you --
ACTING PRESIDENT MEIER: Listen,
5148
guys, as riveting as this little by-play is,
let's follow the rules, shall we.
SENATOR BALBONI: Okay.
ACTING PRESIDENT MEIER: Are you
asking Senator Schneiderman to yield?
SENATOR BALBONI: Yes.
ACTING PRESIDENT MEIER: Senator
Schneiderman, do you yield?
SENATOR SCHNEIDERMAN: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR BALBONI: Mr. President,
through you.
Senator Schneiderman, can you tell
us in how many other states have there been
liability verdicts in which the plaintiff has
not been able to recover the full amount of
recovery as a result of the vicarious
liability law enacted in that state?
SENATOR SCHNEIDERMAN: Through
you, Mr. President, I don't know the number of
states. I know that there are cases where
that has occurred, but I don't have the
statistics on a state-by-state basis.
However, I would respectfully
5149
submit that when we're seeking to pass a law
that could burden victims, that could result
in people who are injured being unable to
recover -- which is certainly a possibility
that must be acknowledged under this law,
under the bill that's presented to us -- the
burden really should be on the sponsors to
show us situations in which, you know, this
crisis, so-called crisis is being created.
I don't know state by state how
many times people have not been able to
recover. But it's clear that if you're
seriously injured, if you're crippled, if you
suffer brain damage and the owner of the
car -- the owner of the car, the company that
depreciates the asset, that benefits in every
other respect from ownership -- is not
responsible, then you're left with whatever
insurance is required by that state, through
the state law, of the driver, of the person
leasing the car.
And I would submit that we've never
seen statistics showing a large number of
actions having resulted in huge payments that
are alleged, but have never been proven, by
5150
auto leasing companies that result in this
crisis.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I would respectfully submit to my
colleagues that this bill, appearing as it
does on the last night of session, is not
going to pass the Assembly, that if there was
a serious effort underway to reform the system
of vicarious liability in this state for auto
leases that we would have seen something
earlier in the session.
Now, we all -- I think we know,
it's no secret, that negotiations have been
going on, that representatives of the
plaintiffs' bar have been in discussions with
the industry, are trying to come up with some
sort of a compromise so that we can resolve
this issue.
This bill, with all due regard to
the distinguished sponsor, is a one-house bill
being dropped in the last night of session so
we can send some sort of message to the
5151
industry or whoever is urging and pushing upon
us that we reform this fundamental area of
tort law, in order to benefit an industry that
likes the benefits of ownership but doesn't
want the burdens.
If we're serious about this, let's
get back to work next year with those
negotiations. I'm happy to do whatever I can
do to aid them. I do think a compromise is
possible in this area. I do think the trial
lawyers have shown good faith in attempting to
negotiate. But I am absolutely confident that
this last-night one-house bill is not going
anywhere, it shouldn't go anywhere, and I'm
going to vote no.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: Mr. President,
if the sponsor would yield for a question.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for a question?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
5152
sponsor yields.
SENATOR STAVISKY: Through you,
Mr. President, can the sponsor tell us
approximately how many cars are leased in
New York State each year?
SENATOR JOHNSON: Well, the last
figure is about 50,000. A couple of years
ago, it was about a quarter of a million.
SENATOR STAVISKY: I'm sorry,
50,000?
SENATOR JOHNSON: Fifty thousand,
looks like, this year, and two years ago it
was about a quarter of a million. That means
five times as many.
SENATOR STAVISKY: And how many
cases of vicarious liability have been
initiated based upon those car leases?
SENATOR JOHNSON: I don't think
anyone has any statistics on that.
I can say that too many lawsuits
with too much money has made it impossible for
leasing companies to secure insurance, in many
cases, or even stay in business because of the
cost. Because they're not competitive
anymore.
5153
Leasing is a very economic way to
get a vehicle for yourself, but not in present
circumstances, due to the vicarious liability
law.
SENATOR STAVISKY: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Stavisky, on the bill.
SENATOR STAVISKY: Yeah, I don't
want to belabor the points that Senator
Schneiderman made. But the numbers that I
have, and admittedly they're a year old, a
year and a half old, my statistics show that
there were 886,000 new car leases in New York
State, and approximately 215 vicarious
liability lawsuits for the largest of -- the
eight largest leasing companies.
I was seeking to verify those
statistics from you, from the sponsor of the
legislation.
However, this is a problem, and
it's a problem that's been with us for a long
time. It's obvious that auto leasing has been
less profitable. But it seems to me it's been
less profitable because of the economy,
5154
although perhaps the economy is rebounding, as
well as the rebates that are being offered by
the new car dealers.
Vicarious liability has been part
of the legal system for many, many years. And
this is an issue I think that ought to be
negotiated. This is a subject that I believe
has been negotiated between the leasing
companies and the trial lawyers, and I would
hope that we can come to a resolution.
However, based upon the consumers,
since they're the ones who will suffer in the
case of a lawsuit, the victims of negligence,
I'm urging my colleagues to vote no on this
until such time as we have resolved the issue.
ACTING PRESIDENT MEIER: Senator
Sampson.
SENATOR SAMPSON: Would the
sponsor yield for a question.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
5155
SENATOR SAMPSON: Through you,
Mr. President, how many claims have actually
been paid out as a result of the vicarious
liability claims?
SENATOR JOHNSON: Senator, I
don't have those figures.
All I can tell you is, as Senator
Schneiderman said, the insurance companies are
making money on depreciating their cars, and
they're making money on leasing cars in other
states, except our state, and they're in
business to make money.
All I can tell you is if they were
not losing money, if they were not under
economic pressure, they could not
competitively lease because of the situation,
they would be leasing a lot more cars. That's
all I can tell you.
So the problem is really -- well,
your question was exactly what?
SENATOR SAMPSON: Through you,
Mr. President --
SENATOR JOHNSON: No, I think I'm
answering it obtusively. I want to answer it
more directly.
5156
SENATOR SAMPSON: My question is
actually -- the auto makers claim that they're
being sued for hundreds of millions of
dollars. My question is, how much actually
have they paid out?
SENATOR JOHNSON: Okay. Well,
the question is answered by the unavailability
of insurance completely and the unavailability
of insurance because of the cost. They could
not stay in the leasing business and pay all
that, so they stopped leasing cars. That's a
fact, and you can determine that anywhere.
Almost all our leasing companies
have stopped leasing cars in this state
because of the problem. So obviously it's too
expensive, they can't afford to continue to
this way, so they're trying to sell cars with
balloon payments and so on at the end because
they can't afford to do leasing.
So they're not making a profit at
it, and we're taking it an essential service
away from the citizens of this state, the
availability of a leased car, by not
reconciling the situation.
I'd like to ask -- do you have
5157
another question, Senator?
SENATOR SAMPSON: No.
SENATOR JOHNSON: I'd like to ask
a question to you, just off the wall and
nothing personal about anything.
Now, if someone has an accident
with your car, they are covered to the amount
of your insurance whatever it might be; right?
Now, if you had a leased car, they
would have not only your insurance, but the
insurance of the bank or leasing company.
SENATOR SAMPSON: Correct.
SENATOR JOHNSON: So if not
everyone can be lucky enough to hit a leased
car and have a double pocket of money to dig
into, then they're all being disenfranchised
in some manner.
So either everybody's got to have a
godfather with deep pockets to follow up his
insurance company or it isn't fair to have
only these companies carry it, having the deep
pockets, while other people just go with their
normal liability insurance.
So there's really no need for this
law. It started 80 years ago when the owners
5158
of the car were -- might have had some assets
but the driver had no assets and had no
insurance. There was no compulsory insurance.
Compulsory insurance started in this state
maybe fifty years ago. Before that, there was
no compulsory insurance; everybody got along.
But the lawyers have discovered, in
their avarice, deep pockets, and so they're
going to zero in on leased cars and create an
economic crisis for this state. It's got to
be dealt with. Their only solution is "find
another way to give us the money, because we
don't want to stop taking money we're not
entitled to." That's about it.
SENATOR SAMPSON: Thank you for
your answer, Senator.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed, then.
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.)
5159
ACTING PRESIDENT MEIER: Senator
Balboni, to explain his vote.
SENATOR BALBONI: To explain my
vote.
This principle of law is nothing
more than an anachronism. It says that if you
give a car to somebody, you are liable. Not
through fault, but just through history. It
is one of the things that we hang on in this
state that simply drives up the cost of
insurance without any sensibilities.
And what I would note is that part
of the debate we heard about regulations in
the tax code and a very well prepared debate
with all sorts of information, except the one
thing, what are the cases in the 49 other
states that have had this law in which the
plaintiff has been denied their actions and a
recovery.
So I think we're missing the
footing of this argument. This should be done
away with. We're the last state to do it in
the nation, we're suffering because of it.
And it really is a consumer issue.
I'm going to vote in favor of this
5160
measure. Thank you.
ACTING PRESIDENT MEIER: Senator
Balboni will be recorded in the affirmative.
Senator Hassell-Thompson, to
explain her vote.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I appreciate the
opportunity.
In this -- I'm requesting
permission to abstain.
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded as abstaining from the vote.
SENATOR HASSELL-THOMPSON: Thank
you.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1844 are
Senators Andrews, Bonacic, Breslin, Brown,
Dilan, Duane, L. Krueger, Mendez, Onorato,
Parker, Paterson, Sabini, Sampson,
Schneiderman, and Stavisky. Ayes, 44. Nays,
15.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Balboni.
5161
SENATOR BALBONI: Mr. President,
could we please return to reports of standing
committees.
I believe that there's a report of
the Rules Committee at the desk.
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 123C, by Senator
Alesi, an act to amend the Banking Law;
292A, by Senator LaValle, an act to
amend the Education Law;
1823A, by Senator Meier, an act to
amend the Tax Law;
2607, by Senator Padavan, an act to
amend the Public Health Law;
2832, by Senator DeFrancisco, an
act to amend the Real Property Tax Law;
2926B, by Senator Breslin, an act
in relation to allowing;
3734A, by Senator Hoffmann, an act
to amend the Public Authorities Law;
5162
3773A, by Senator Trunzo, an act to
amend the Retirement and Social Security Law;
4255B, by Senator Nozzolio, an act
to amend the Energy Law;
5112B, by Senator Little, an act to
amend the Indian Law;
5452C, by Senator Volker, an act to
amend Chapter 824 of the Laws of 1933;
7380, by Senator Marchi, an act to
amend the Education Law;
7441B, by Senator Golden, an act to
amend the Public Authorities Law;
7447, by Senator Padavan, an act to
amend Chapter 738 of the Laws of 1988;
7592, by Senator Spano, an act to
amend the Labor Law;
7622, by Senator Golden, an act to
amend the Tax Law;
7634, by Senator Volker, an act to
amend Chapter 605 of the Laws of 2000;
7646, by Senator Golden, an act to
amend the Executive Law;
And Senate Print 7647, by Senator
Volker, an act to amend the Executive Law.
All bills ordered direct to third
5163
reading.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Yes, Mr.
President. I would move to accept the report
of the Rules Committee.
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 Balboni.
SENATOR BALBONI: Yes, Mr.
President. Could we please return to the
motions and resolutions calendar. I believe
that there's some housekeeping we must take
care of.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator Farley.
SENATOR FARLEY: As for
5164
housekeeping, Mr. President, I offer the
following amendments to Calendar 1857, it's
Senate Print 7441B. And I ask that that bill
retain its place on the Third Reading
Calendar, and it's on behalf of Senator
Golden.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Balboni.
SENATOR BALBONI: Mr. President,
could we please have the noncontroversial
reading of the supplemental calendar.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the supplemental active list.
Senator Balboni.
SENATOR BALBONI: Mr. President,
could we just stand at ease for just a moment,
please, while the calendars are distributed to
the members.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
5165
ease at 9:20 p.m.)
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the affirmative on Senate Bill
7643, by Senator Johnson.
ACTING PRESIDENT MEIER: Senator,
you were already recorded in the negative.
SENATOR BONACIC: Yeah, I
understand. Yeah, thank you, Mr. President, I
want to go up on the bill.
ACTING PRESIDENT MEIER: Senator
Bonacic, the record will reflect that you are
recorded in the affirmative on that bill.
(Whereupon, the Senate reconvened
at 9:23 p.m.)
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Yes, could we
please have the noncontroversial reading of
the supplemental active list.
ACTING PRESIDENT MEIER: The
Secretary will conduct the noncontroversial
reading of the supplemental active list.
5166
THE SECRETARY: Calendar Number
1106, by Member of the Assembly Tonko,
Assembly Print Number 10400A, an act to amend
the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect on the first of April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1196, by the Assembly Committee on Rules,
Assembly Print Number 11306A, an act to amend
the Public Health 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.)
5167
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1333, by Member of the Assembly Sweeney,
Assembly Print Number 2214, 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1377, by Member of the Assembly Brennan,
Assembly Print Number 9867A, an act to amend
the Mental Hygiene Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
5168
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1534, by Senator DeFrancisco, Senate Print
7360B, an act to amend the Executive Law.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator.
SENATOR BALBONI: I would move to
accept the message of necessity.
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.
(No response.)
ACTING PRESIDENT MEIER: The
5169
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Balboni, that completes the
supplemental active list.
SENATOR BALBONI: Mr. President,
could we just take a moment and stand at ease
while the bills are distributed on the
members' desks.
ACTING PRESIDENT MEIER: I'm
sorry, may I recognize Senator Parker first.
Senator Parker.
SENATOR PARKER: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar Numbers 1783 and
1788.
ACTING PRESIDENT MEIER: Without
5170
objection, Senator Parker will be recorded in
the negative on Calendar Numbers 1783 and
1788.
And the Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 9:25 p.m.)
(Whereupon, the Senate reconvened
at 9:27 p.m.)
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
could we please have the noncontroversial
reading of the calendar, starting with 1858
and proceeding then in regular order.
ACTING PRESIDENT MEIER: You want
to start with 1858, Senator? Okay.
With regard to the Supplemental
Calendar 59D, then, the Secretary will read
Calendar 1858.
THE SECRETARY: In relation to
Calendar Number 1858, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11471 and substitute it
for the identical Senate Bill Number 7447,
Third Reading Calendar 1858.
5171
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1858, by the Assembly Committee on Rules,
Assembly Print Number 11471, an act to amend
Chapter 738 of the Laws of 1988.
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. Nays,
1. Senator Stachowski recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
299, by Senator Volker, Senate Print 5452C, an
act to amend Chapter 824 of the laws of 1933.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
5172
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1846, by Senator Alesi, Senate Print 123C, an
act to amend the Banking Law and the Insurance
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect January 1, 2005.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1847, by Senator LaValle, Senate Print 292A,
an act to amend the Education Law.
SENATOR SABINI: Lay it aside.
5173
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1848, by Senator Meier, Senate Print 1823A, an
act to amend the 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1849, Senator Padavan moves to
discharge, from the Committee on Health,
Assembly Bill Number 5458 and substitute it
for the identical Senate Bill Number 2607,
Third Reading Calendar 1849.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
5174
1849, by Member of the Assembly Carrozza,
Assembly Print Number 5458, an act to amend
the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
chapter of the Laws of 2003.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1850, by Senator DeFrancisco, Senate Print
2832, an act to amend the Real Property Tax
Law, in relation to establishing.
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.)
5175
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1851, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6824B and substitute it
for the identical Senate Bill Number 2926B,
Third Reading Calendar 1851.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1851, by Member of the Assembly Canestrari,
Assembly Print Number 6824B, an act in
relation to allowing Nancy Jordan.
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, 60.
5176
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1852, by Senator Hoffmann, Senate Print 3734A,
an act to amend the Public Authorities Law, in
relation to special powers.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1853, Senator Trunzo moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8377A and substitute it
for the identical Senate Bill Number 3773A,
Third Reading Calendar 1853.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
5177
THE SECRETARY: Calendar Number
1853, by the Assembly Committee on Rules,
Assembly Print Number 8377A, 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.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1854, by Senator Nozzolio --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1855, by Senator Little, Senate Print 5112B,
an act to amend the Indian Law and the
Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
5178
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1856, by Senator Marchi, Senate Print 7380, an
act to amend the Education Law and the
Criminal Procedure Law.
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
5179
Calendar Number 1859, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Print Number 10979A and substitute it
for the identical Senate Print Number 7592,
Third Reading Calendar 1859.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1859, by the Assembly Committee on Rules,
Assembly Print Number 10979A, an act to amend
the Labor 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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1860, by Senator Golden, Senate Print 7622, an
act to amend the Tax Law.
5180
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.)
SENATOR SABINI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Sabini, to explain his vote.
SENATOR SABINI: Thank you, Mr.
President.
I want to commend Senator Golden on
this bill. There was an earlier version that
would have discriminated against the movie
studios and production studios located in
Queens County. This does not.
And also, I'm happy to see this was
separated out from the earlier tax cut bill
that was passed in this house. And hopefully
this will have a life in the Assembly and help
the industry in New York City that needs it
very badly. And I vote in the affirmative.
Thank you.
ACTING PRESIDENT MEIER: Announce
5181
the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1861, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11588A and substitute it
for the identical Senate Bill Number 7634,
Third Reading Calendar 1861.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1861, by the Assembly Committee on Rules,
Assembly Print Number 11588A, an act to amend
Chapter 605 of the Laws of 2000.
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, 60.
5182
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1863, by Senator Volker, Senate Print --
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Could we
get the bill before the house? We've just got
to do the message, then we'll lay it aside.
Senator Balboni.
SENATOR BALBONI: Yes, Mr.
President, is there a message of necessity at
the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR BALBONI: I would move
that we accept the message.
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
5183
message is accepted.
The bill is before the house.
The bill is laid aside.
Senator Balboni, that completes the
noncontroversial reading of the supplemental
calendar.
Senator Balboni.
SENATOR BALBONI: Mr. President,
could we revisit those bills that were laid
aside at this particular point in time. The
controversial reading, in other words.
ACTING PRESIDENT MEIER: The
Secretary will conduct the controversial
reading of the calendar.
THE SECRETARY: Calendar Number
1847, by Senator LaValle, Senate Print 292A,
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, 60.
5184
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1854, by Senator Nozzolio, Senate Print 4255B,
an act to amend the Energy 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.)
SENATOR LIZ KRUEGER:
Explanation.
ACTING PRESIDENT MEIER: Are you
asking that the roll call be withdrawn?
SENATOR LIZ KRUEGER: Mr.
President, I apologize for my delay. Yes, I
was asking for the roll call to be withdrawn.
ACTING PRESIDENT MEIER: Without
objection, the roll call is withdrawn.
Senator Nozzolio, Senator Liz
Krueger has requested an explanation.
SENATOR NOZZOLIO: This measure
amends the Energy Law, implementing the Empire
5185
Propane Education and Research Act;
establishes, through voluntary fees assessed
on companies dealing with the sale of propane,
ways to make the distribution, storage, and
other actions with the commodity safer.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would please
yield.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you yield for a question?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
So this council doesn't exist yet,
but this law would create this council, which
would then be a private entity or a government
entity?
SENATOR NOZZOLIO: Mr. President,
through you, this is a private entity.
SENATOR LIZ KRUEGER: Thank you.
5186
Mr. President, if the sponsor would
continue to yield.
SENATOR NOZZOLIO: I should
indicate, there is not any government subsidy
of same.
ACTING PRESIDENT MEIER: Do you
yield for another question, Senator?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
But as I understand your bill,
government would mandate that percentage
payment to this private council through this
bill; is that correct?
SENATOR NOZZOLIO: Under the
federal Propane Education Research Act,
New York State had received about $40,000 from
the federal government for consumer awareness,
research and development of propane. That --
ACTING PRESIDENT MEIER:
(Gaveling.)
Senator Nozzolio.
SENATOR NOZZOLIO: That -- I
5187
forgot the question, Mr. President.
(Laughter.)
ACTING PRESIDENT MEIER: I sort
of startled myself.
(Laughter.)
ACTING PRESIDENT MEIER: Sort of
woke us all up, I think.
Senator Krueger, you want to
restate the question?
SENATOR LIZ KRUEGER: Yes, sir,
Mr. President. Through you, I'll be happy to
restate the question.
My understanding is while this
would be a bill creating a private council,
this would be the government authorizing this
private council to collect an assessment from
people in the industry. Is that correct?
SENATOR NOZZOLIO: That's
correct. And the assessment is voluntary.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
5188
President.
SENATOR LIZ KRUEGER: Thank you.
Is there an estimate of how much
this council would be collecting per year,
whether it be at a 100 percent rate of the
1/10 of 1 cent per gallon assessment or a
50 percent rate, since you're saying it's a
voluntary assessment?
SENATOR NOZZOLIO: Mr. President,
it depends on how many participate.
SENATOR LIZ KRUEGER: Mr.
President, through you, if the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Reluctantly,
Mr. President, yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
The bill also says that nothing in
this bill will be construed to preempt or
supersede any other programs relating to
propane education and research organized and
operated under the laws of the State of
5189
New York. So apparently we have other,
similar entities.
Why would this be necessary and not
duplicative, since apparently, under the law,
we have other models for this?
SENATOR NOZZOLIO: I don't know
what you just read. I couldn't hear you.
Mr. President, I could not hear the
question.
ACTING PRESIDENT MEIER: Let's
get some order in the chamber. I'm going to
ask people who have conversations to take them
outside.
Staff along the sides of the room,
if you have a conversation, take it outside.
Members, please, could we keep it
down so that we can conduct this debate and
get out of here tonight.
SENATOR NOZZOLIO: If I may, Mr.
President, let me try to answer what I think
the question is by saying that this is a
voluntary association. It would be supported
by those who engage in the commerce and
distribution of this energy source. It is no
different than other trade associations as
5190
established.
And what this does is allow the
industry to promote itself, through voluntary
contributions, and also look to the safety of
propane.
I would daresay that this is
primarily an upstate fuel that's provided for
those areas that do not have natural gas
lines; in many respects, rural areas. I doubt
in Senator Krueger's district there are many
of these types of product sold. However, in
upstate it is an increasingly needed energy
source.
This allows those who transport and
sell this energy source to gather in an
association and better deal with their
industry issues.
SENATOR LIZ KRUEGER: Mr.
President, if, through you, the sponsor would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
5191
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
And I'll try to speak loudly. I apologize if
you didn't hear me before.
Your last explanation actually was
very helpful. And it will lead me, I guess,
to my final question. We have trade
associations and associations of businesses
who come together and create their own
research councils, their own trade
associations, their own coalitions of mutual
interest in infinite numbers in the State of
New York. And they choose to charge dues, and
organizations or individual businesses choose
to voluntarily become members or not, pay
their dues or not.
Why would we use this one issue, of
Empire Propane Education and Research, and
create a law to create a private entity for
private purposes?
SENATOR NOZZOLIO: One important
reason, Mr. President, is that NYSERDA is part
of this association. This law authorizes the
New York State Energy Research and Development
Authority to participate as a member of this
5192
Association.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. On the bill briefly.
I appreciate the sponsor's answers,
and I would accept that NYSERDA might play a
unique role with this organization. But I am
still left, at this late hour on this night,
to wonder whether it's a good precedent for
the State of New York to somehow
institutionalize in statute and law the
creation of what is basically a private
council for private business purposes.
And while it specifically talks
about it's a voluntary contribution or
assessment, it has late fees, it has refunds,
it has restrictions in pricing, I think that
perhaps we're overstepping our role in the
Legislature to create legislatively what is
basically both a trade association and a
research council for an industry. Although I
mean no insult to the value of the propane
industry or the important role they play.
Thank you, Mr. President. I'll be
voting no.
ACTING PRESIDENT MEIER: Senator
5193
Volker.
SENATOR VOLKER: Mr. President, I
just want to say, quickly, I want to thank
Senator Nozzolio for this bill.
You know, as one of the former
chairmen of the Energy Committee, I would just
like to inform Senator Krueger that one of the
areas we desperately need energy in this
state -- and let me remind you that your part
of the state has refused power plants and has
refused to allow us in upstate New York, who
have plenty of power and plenty of fuel, to be
able to feel comfortable because the area of
downstate New York, and particularly New York
City, is so afraid of any new plants or any
new energy sources.
One of the areas that your area may
in the future need -- because the way things
are going, you're not going to have enough
power in years to come because your area
refuses to deal with the energy crisis -- one
of the areas is propane.
Propane is reasonably inexpensive,
it has widely transferable uses -- by the way,
the average cost of this to a consumer would
5194
be about $10 to $15, depending on the size of
the tank. But most of the tanks are small
enough so it would be comparatively
negligible.
One of the ways in which we can
help all the consumers of this state and save
energy dollars and develop a better energy
policy is through propane. This is not just
some ordinary trade organization. This is one
of the ways we can help deal with the energy
crisis.
And in the North Country, in the
western part of the state and in a number of
parts of the state, propane has become
extremely important.
And as I say, in your area of the
state, where energy in the next ten years is
going to become extremely scarce unless we can
get the environmentalists off our back, and
unless some people downstate are willing to
deal with our crisis, you may need propane.
And I'll tell you right now, because you're
going to have a crisis there of epic
proportions within the next ten years unless
something changes.
5195
So thank you, Senator Nozzolio. I
think this is a very good bill. And I think
the Assembly is very likely to pass 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.)
ACTING PRESIDENT MEIER: Senator
Krueger, to explain her vote.
SENATOR LIZ KRUEGER: Thank you,
Mr. President, to explain my vote.
While I earlier said I would vote
no, Senator Volker convinced me, and I will be
changing my vote to yes.
Thank you.
ACTING PRESIDENT MEIER: Senator
Krueger will be recorded in the affirmative.
Senator Schneiderman, to explain
his vote.
SENATOR SCHNEIDERMAN: Yes, Mr.
President. I also am going to be voting yes
on this bill, although I do think that there
5196
are a lot of other ways we can provide energy
in all parts of our state. And I look forward
to working with Senator Volker and Senator
Nozzolio and others as we explore them.
The problem -- and we must -- if
we're going to address the problem downstate
that Senator Volker referred to, we have to
address the problem of transmission lines.
That is the critical problem. And I'm afraid
we're leaving this session without having
adequately addressed it.
So I'm voting yes, but this is a
very small part of a very large problem, and I
hope that all parts of the state will be able
to work together on it. I'm sorry that we
haven't done more about it this session. But
maybe when we return for the July segment of
the session, we will.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
5197
is passed.
THE SECRETARY: Calendar Number
1863, by Senator Volker, Senate Print 7647, an
act to amend the Executive Law.
SENATOR VOLKER: Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: I'm going to lay
this bill aside, because this bill was a joint
agreement between the Governor and the Senate.
And we have just, in the last twenty minutes,
got a three-way agreement with the Assembly,
the Governor and the Senate.
So we're hoping before the night's
out, Majority Leader Bruno agreeing, that
we'll be able to pass the bill tonight.
ACTING PRESIDENT MEIER: The bill
is laid aside.
Senator Balboni, that completes
Senate Supplemental 59D.
Senator Balboni.
SENATOR BALBONI: Mr. President,
I would ask that we stand at ease for just a
moment, please.
ACTING PRESIDENT MEIER: The
5198
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 9:50 p.m.)
ACTING PRESIDENT DeFRANCISCO:
Senator Balboni.
SENATOR BALBONI: Yes, Mr.
President. I would like to announce a Rules
Committee meeting in the Majority Conference
Room.
ACTING PRESIDENT DeFRANCISCO:
There will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
Senator Breslin.
SENATOR BRESLIN: Mr. President,
I would request unanimous consent to be
recorded in the negative on Calendar Number
1858, Bill Number 7447.
ACTING PRESIDENT DeFRANCISCO:
Without objection, your vote will be so
recorded.
SENATOR BRESLIN: Thank you, Mr.
President.
ACTING PRESIDENT DeFRANCISCO:
Senator Brown.
5199
SENATOR BROWN: Thank you, Mr.
President.
I request unanimous consent to be
recorded in the negative on Calendar Number
1858.
ACTING PRESIDENT DeFRANCISCO:
Your vote will be so recorded.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
I request unanimous consent to be
recorded in the negative on Calendar Number
1839.
ACTING PRESIDENT DeFRANCISCO:
Your vote will be so recorded.
SENATOR HASSELL-THOMPSON: Thank
you.
ACTING PRESIDENT DeFRANCISCO:
The Senate will remain at ease.
(Whereupon, the Senate reconvened
at 10:06 p.m.)
ACTING PRESIDENT DeFRANCISCO:
Senator Balboni.
SENATOR BALBONI: Mr. President,
can we please return to the main calendar and
5200
take up Calendar Number 878.
ACTING PRESIDENT DeFRANCISCO:
The Secretary will read.
THE SECRETARY: Calendar Number
878, by Senator Hoffmann, Senate Print 7148A,
an act authorizing the Town of Cicero.
ACTING PRESIDENT DeFRANCISCO:
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 DeFRANCISCO:
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT DeFRANCISCO:
The bill is passed.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Mr.
President, I would request unanimous consent
to be recorded in the negative on Calendar
1855, Senate Print 5112B.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
5201
recorded in the negative on Calendar 1855.
SENATOR DeFRANCISCO: Thank you.
SENATOR BALBONI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Yes, I would
ask that we take up Calendar Number 1043,
which is on the main calendar. It was a bill
that we had previously considered and we need
to re-pass.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1043.
THE SECRETARY: Calendar Number
1043, by Senator Kuhl, Senate Print 6329A, an
act to amend the Town Law and the Public
Officers Law.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR BALBONI: I would move to
accept the message of necessity.
ACTING PRESIDENT MEIER: All
5202
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
message is accepted.
The bill is before the house.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
ACTING PRESIDENT KUHL: The
Senate will come to order.
Senator Balboni.
SENATOR BALBONI: Mr.
President -- and you look mighty fine up
there, I might add -- could we please return
to the reports of standing committees.
5203
I believe there's a Rules report at
the desk.
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees.
There is a Rules report at the
desk. We'll ask the Secretary to read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2365A, by Senator
Padavan, an act to amend the Administrative
Code of the City of New York;
5593C, by Senator Breslin, an act
to amend the Public Authorities Law;
7656, by the Senate Committee on
Rules, an act to amend the Public Authorities
Law;
7657, by Senator Saland, an act
authorizing the City of Poughkeepsie;
And Senate Print 7659, by Senator
Volker, an act to amend the Executive Law and
the Criminal Procedure Law.
All bills ordered direct to third
reading.
5204
ACTING PRESIDENT KUHL: Senator
Balboni.
SENATOR BALBONI: I move to
accept the report of Rules Committee, please.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted.
The bills are ordered directly to
third reading.
Senator Balboni.
SENATOR BALBONI: Could we please
take up that calendar.
ACTING PRESIDENT KUHL: The
Secretary will have the noncontroversial
reading of the calendar. That's Supplemental
Calendar 59E.
THE SECRETARY: In relation to
Calendar Number 1864, Senator Padavan moves to
5205
discharge, from the Committee on Rules,
Assembly Bill Number 5175A and substitute it
for the identical Senate Bill Number 2365A,
Third Reading Calendar 1864.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1864, by Member of the Assembly Abbate,
Assembly Print Number 5175A, an act to amend
the Administrative Code of the City of
New York.
ACTING PRESIDENT KUHL: There is
a home-rule message at the desk.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Announce
the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
5206
is passed.
THE SECRETARY: In relation to
Calendar Number 1865, Senator Breslin moves to
discharge, from the Committee on Corporations,
Authorities and Commissions, Assembly Bill
Number 9025C and substitute it for the
identical Senate Bill Number 5593C, Third
Reading Calendar 1865.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1865, by the Assembly Committee on Rules,
Assembly Print Number 9025C, an act to amend
the Public Authorities Law.
ACTING PRESIDENT KUHL: There is
a home-rule message at the desk.
Senator Breslin, why do you rise?
SENATOR BRESLIN: On the bill,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Breslin, on the bill.
SENATOR BRESLIN: This
legislation creates a new authority for
downtown Albany which will be the beginnings
5207
of a convention center, a retail complex, a
transportation center, commercial stores. And
it's the culmination of several years of work.
And I commend the Governor for his
participation, Assemblymen McEneny and
Canestrari, Mayor Jennings, who's done a
wonderful job shepherding this through, County
Executive Mike Breslin, and Senator Bruno and
his staff, who did an exemplary job in
fine-tuning this legislation to make it come
to fruition tonight.
Thank you, Mr. President. I vote
in the affirmative.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
5208
THE SECRETARY: Calendar Number
1868, by Senator Volker, Senate Print 7659, an
act to amend the Executive Law and the
Criminal Procedure Law.
ACTING PRESIDENT KUHL: Senator
Balboni.
SENATOR BALBONI: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BALBONI: I would move to
accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1868. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted.
The bill is before the house.
The Secretary will read the last
section.
THE SECRETARY: Section 3. This
5209
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Balboni.
SENATOR BALBONI: Can we please
return to the motions and resolutions calendar
for some housekeeping.
ACTING PRESIDENT KUHL: We will
return to the order of motions and
resolutions.
The chair recognizes Senator
Libous.
SENATOR LIBOUS: Mr. President,
on behalf of Senator Golden, Mr. President, I
wish to call up his bill, Print Number 7622,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1860, by Senator Golden, Senate Print 7622, an
5210
act to amend the Tax Law.
SENATOR LIBOUS: 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 KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is restored to the order of third reading.
Senator Libous.
SENATOR LIBOUS: Mr. President,
let's see. On behalf of Senator Spano, Mr.
President, I wish to call up his bill, Print
Number 6479A, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1816, by Senator Spano, Senate Print 6479A, an
act to amend the Executive Law.
ACTING PRESIDENT KUHL: Senator
Libous.
5211
SENATOR LIBOUS: 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 KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: Senator
Libous.
SENATOR LIBOUS: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 11647 and
substitute it for this identical bill.
ACTING PRESIDENT KUHL: The bill
is substituted.
Senator Libous.
SENATOR LIBOUS: I now move that
the substituted Assembly bill have its place
on the Third Reading Calendar at this time.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1816, by the Assembly Committee on Rules,
5212
Assembly Print Number 11647, an act to amend
the Executive Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Saland, why do you rise?
SENATOR SALAND: Just stretching,
Mr. President.
ACTING PRESIDENT KUHL: That was
a very gracious stretch, thank you.
(Laughter.)
ACTING PRESIDENT KUHL: Senator
Balboni.
SENATOR BALBONI: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT KUHL: There are
two, Senator Balboni.
SENATOR BALBONI: Please take
5213
them up, please.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: On page 19,
Senator Spano moves to discharge, from the
Committee on Labor, Assembly Bill Number 8706
and substitute it for the identical Senate
Bill Number 5573, Third Reading Calendar 706.
And on page 42, Senator LaValle
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10968A and
substitute it for the identical Senate Bill
Number 6899A, Third Reading Calendar 1393.
ACTING PRESIDENT KUHL: The
substitutions are ordered.
Senator Oppenheimer, why do you
rise?
SENATOR OPPENHEIMER: I'd like
unanimous consent to be recorded in the
negative on Calendar Number 1831.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Oppenheimer will be recorded in the negative
on Calendar Number 1831.
Senator Balboni.
5214
SENATOR BALBONI: Yes, Mr.
President, can we please turn to Calendar
Number 1833.
ACTING PRESIDENT KUHL: The
Secretary will read the title of Calendar
Number 1833.
THE SECRETARY: Calendar Number
1833, by Senator Golden, Senate Print 7626, an
act in relation to enacting the Coordinated
Construction Act for Lower Manhattan.
ACTING PRESIDENT KUHL: Senator
Connor, as I recall, you had the floor on this
bill when it was laid aside temporarily.
So the chair recognizes you to
resume debate on Calendar Number 1833.
SENATOR CONNOR: Thank you.
The other thing this bill does is
it allows the City of New York to use
procedures -- for the benefit of the members
who weren't in the chamber, I could start all
over again.
(Laughter.)
SENATOR CONNOR: But for those
who were here, I'll spare them that and just
start up where I left off.
5215
This allows the City of New York,
with respect to Lower Manhattan projects, the
ones that I articulated before, plus others,
the Route 9A, Hudson River Park, Ferry
stations, street construction, Castle Clinton
-- Castle Clinton is a favorite of mine -- and
East River waterfront parks and so on, the
$3.5 billion already on the books to go -- it
allows the city to use procedures that the
city apparently by law is not ordinarily
allowed to use, but which the state and state
agencies and authorities like the MTA
routinely use.
For example, it will allow the city
to prequalify bidders who are bidding on
portions of work of a million dollars or more,
prequalify them, prequalify them based on,
one, safety record, which is very, very
important, their safety record at doing work.
It will also take into
consideration whether these contractors
have -- participate in apprenticeship
programs, something the state does but the
city doesn't do.
And of course, as I said before, it
5216
will allow the city to apply minority and
women business enterprise goals.
SENATOR BALBONI: Mr. President,
could I just interrupt? I apologize, Senator
Connor.
ACTING PRESIDENT KUHL: Senator
Connor, please excuse the interruption.
Senator Balboni.
SENATOR BALBONI: Thank you very
much, Mr. President.
I'd like to announce that we have a
Rules Committee meeting in the Majority
Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Rules
Committee, immediate meeting of the Rules
Committee in the Majority Conference Room,
Room 332.
Senator Connor, why don't we just
wait for the members to exit.
Senator Connor, thank you very much
for allowing the interruption. And now let's
proceed to debate.
SENATOR CONNOR: Thank you, Mr.
President.
5217
Somehow or other, I think I'm
serving a greater purpose here, Mr.
President --
(Laughter.)
SENATOR CONNOR: -- in terms of
time and whatever.
But it will, as I said, allow the
City of New York to establish goals and meet
goals for participation by minority- and
women-owned business enterprises, something
that -- I think it's the courts threw out the
city's prior MWBE bidding set-aside practices.
So this will allow the city to use it, because
they'll use the state's practices.
Then the city will be able to, as I
said before, do joint bidding with utilities.
It will also be able to -- well, actually will
mandate -- and I won't get ahead, but we have
on the calendar a chapter amendment also
dealing only with Lower Manhattan, sponsored
by Senator Golden, which sets forth standards
for -- the bill talks about using low-sulfur
fuels for diesel engines, including stationary
diesel engines, the kind of equipment that
would be used in construction.
5218
And the chapter amendment, while
it's not before us, I think it's relevant that
it sets forth the definitions of
ultra-low-sulfur diesel fuel. The bill -- the
amendment provides that ultra-low-sulfur
diesel fuel means diesel fuel that has a
sulphur content of no more than 15 parts per
million.
A non-road engine means an internal
combustion engine, including its fuel system,
that is not used in a motor vehicle or vehicle
used solely for competition or that is not
subject to standards promulgated under Section
74.11 or Section 75.21 of Title 42 of the
United States Code.
Except the term does apply to
internal combustion engines used to power
generators, compressors, or similar equipment
used in any construction program or project.
So that that's definitional.
And then we actually have a change
that will go on, and it basically says that
the agency shall -- the bill is written: The
agency shall require contractors and
subcontractors to use only ultra-low-sulfur
5219
diesel fuel to power the diesel-powered
non-road vehicles with engine horsepower
rating of -- it said 60 horsepower, but the
chapter amendment will make it 50 horsepower,
used on Lower Manhattan redevelopment
projects.
The other concerns expressed in the
bill -- and let me say a wide variety of
groups participated in this. Because really,
from shortly after 9/11, it was apparent that
a lot was going to be done, a lot was going to
be done simultaneously. And the potential for
chaos was enormous, as was the potential for
greatly inconveniencing -- and more than
inconveniencing residents of Lower Manhattan,
but in fact endangering their health, the air
quality, their safety, with all the heavy
equipment going through.
Within two blocks, two or three
blocks of the actual what you call Ground
Zero, there are six or seven schools, believe
it or not, down there in Lower Manhattan. So
you have children down there. Unfortunately,
they have very, very few places to play
outdoors, but they do have to travel back and
5220
forth from school.
And -- I'm sorry, whenever that
door opens, the back noise is considerable.
So that safety during all this
construction is also important. Which is why,
in prequalifying the bidders under this
legislation, the safety and work record of the
contractors will be important.
Also, in prequalifying the bidders,
the record of the prospective bidder with
respect to compliance with labor standards,
applicable labor standards, and with their
whole labor relations record, will be
considered.
They will also consider the
bidder's compliance with Equal Employment
Opportunity requirements, antidiscrimination
laws, and of course, as I said before, their
record with respect to women- and
minority-owned business enterprises
participation as subcontractors in their work.
The legislation is much needed and
is supported by a wide-ranging group of
organizations: The Association for a Better
New York, the Association of the Bar, the
5221
AFL-CIO, the Alliance for Downtown New York,
the American Planning Association-Metro
Chapter, the Asian-American Business
Development Center, the Building -- I'm sorry,
Mr. President, I can't hear.
ACTING PRESIDENT KUHL: Can we
have some order in the house, please.
SENATOR CONNOR: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Hang on
just a minute, Senator. Let's quiet it down.
We've got a lot of staff in the
back. Let's take the conversations out of the
room. Or sit down and take your positions.
Sergeant-at-Arms, please close the
door over here in the rear. Sarge?
SENATOR CONNOR: Thank you, Mr.
President.
-- the Building and Construction
Trades Council, the Building Trade Employers
Association, the Caribbean-American Chamber of
Commerce and Industry, the Civic Alliance,
Community Board 1, Community Board 2, the
Jamaica Business Resource Center, the Minority
Business Leadership Council, the National
5222
Association of Minority Contractors-New York
State Chapter, the National Hispanic Business
Group, the New York Building Congress, the
New York League of Conservation Voters, the
Non-Traditional Employment for Women,
100 Black Men of New York, Partnership for New
York City, Professional Women in Construction,
the Real Estate Board of New York, the
Regional Association of Small Contractors, a
wonderful, wonderful organization called Wall
Street Rising, and the Women's City Club of
New York, all support this bill.
That is testimony to the good
features in this bill. It's a tribute to the
willingness to address concerns that we've had
from Day One about coordinating the
construction and ensuring its safety, and it's
an example of the city's efforts, the mayor's
efforts to include such a wide circle of
people in being briefed about this bill and
supporting this bill.
Oh, they forgot one: they forgot
the State Senator who represents the area and
who sits in this body.
But the fact is, Mr. President,
5223
it's good legislation. I just come from a
different time in this house, Mr. President.
I remember city bills being sent over to me by
committee chairs who received them and whose
staff looked at them and said: Oh, that's
Senator Connor's district, or that's Senator
So-and-so's district. And that's the way the
Senate conducted its business.
Now, I know earlier tonight,
talking so long wasn't real convenient. I
know now these lulls between Rules agendas
make it so that I serve a useful purpose in
talking and talking and talking, and I'm well
aware of that.
So I will end this debate at this
time. But I just tell you, Mr. President,
this just makes me curiouser and curiouser
about other members' local bills, and I just
may have a lot of questions about bills that
are in somebody else's district.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on this bill?
Hearing none, that closes debate.
The Secretary will read.
5224
THE SECRETARY: In relation to
Calendar Number 1833, Senator Golden moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11700 and substitute it
for the identical Senate Bill Number 7626,
Third Reading Calendar 1833.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1845.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1845.
THE SECRETARY: Calendar Number
5225
1845, by Senator Golden, Senate Print 7652, an
act to amend a chapter of the Laws of 2004.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: I would move we
accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1845. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
motion is accepted.
The bill is before the house.
The Secretary will read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
5226
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up Calendar Number 1866.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1866, by the Senate Committee on Rules, Senate
Print 7656, an act to amend the Public
Authorities Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: I would move we
accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1866. All those in favor
signify by saying aye.
5227
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted.
The bill is before the house.
The Secretary will read the last
section.
THE SECRETARY: Section 8. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2004.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
may we return to the reports of standing
committees.
I believe there's a report from the
Rules Committee. I would ask that it be read
5228
at this time.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees.
There is a report of Rules
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7413A, by Senator A.
Smith, an act to authorize retroactive
membership;
And Senate Print 7660, by the
Senate Committee on Rules, an act to amend the
Public Authorities Law and the Administrative
Code of the City of New York.
Both bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Move to accept
the Rules Committee report.
ACTING PRESIDENT KUHL: The
motion is to accept the report of Rules
5229
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted.
The bills are ordered directly to
third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1869.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1869.
THE SECRETARY: Calendar Number
1869, by Senator A. Smith, Senate Print 7413A,
an act to authorize retroactive membership.
ACTING PRESIDENT KUHL: Senator
Stavisky, do you have a point of information?
SENATOR STAVISKY: We're waiting
for copies of the bills. Got it.
ACTING PRESIDENT KUHL: Senator
Smith, would you like to explain the bill to
5230
your colleague?
SENATOR ADA SMITH: I did.
(Laughter.)
ACTING PRESIDENT KUHL: There is
a home-rule message at the desk.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1870, by the Senate Committee on Rules, Senate
Print Number 7660, an act to amend the Public
Authorities Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
5231
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1870. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT KUHL: The
message is accepted.
The bill is before the house.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT KUHL: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: This is a
bill that I'm sorry we're seeing at this
point. It relates to the merger of private
bus lines with the MTA.
I'm sorry to see it now because
this reflects, unfortunately, as we've seen
5232
too many times this session, a breakdown in
negotiations. This is a bill that will not
pass the Assembly. It's a one-house bill that
I'm opposed to, the TWU is opposed to it.
And I think that there are two
things -- only two things I'm going to say,
because the hour is late.
One is that this bill puts ultimate
power in the hands of the MTA -- an authority
that needs to be reined in, not cut loose --
to wait out any union. Ultimately, this will
force unions into binding arbitration and
enable the MTA to have its way.
And we've seen repeatedly in the
last two years that when the MTA is not under
any restraint, when the MTA is not reined in,
bad things can happen.
The second thing I will say is that
the chairman of the MTA has made clear, as
early as October 10, 2002, in a press
conference, that the merger of the bus lines
he views as a way to save money by cutting
service. Costs need to be cut, he said. And
he stated he would not discuss layoffs, but he
did not rule them out either.
5233
All of us who have constituents who
use these private bus lines are counting on us
to prevent service cuts. This bill opens the
door to service cuts. It is a one-house bill,
it's not going to pass the Assembly, but I
don't think we should be supporting it here
either.
I urge everyone to vote no, Mr.
President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to discuss the bill?
Hearing none, the Secretary will
read the last section.
SENATOR ADA SMITH: Excuse me.
ACTING PRESIDENT KUHL: Oh, I'm
sorry. Senator Smith, why do you rise?
SENATOR ADA SMITH: I rise to
speak on the bill.
ACTING PRESIDENT KUHL: Senator
Smith, on the bill.
SENATOR ADA SMITH: Thank you
very much, Mr. President.
In southeast Queens, in the
district that I represent and Senator Malcolm
Smith represents, we have more ridership of
5234
the bus lines than in any other part of this
city.
With this projected bill, our
constituents would be put at a disadvantage if
it was a two-house bill. But since it's a
one-house bill, I am even more opposed to
this, for any of us taking a yes vote.
They have -- the MTA has refused to
talk to the members of this body and to give
us assurances that bus routes will not be cut,
that people will have their pensions, and that
there will not be layoffs and that there will
not be total craziness in Queens when people
go out to try to find a bus and there is none.
Until the MTA can give us some
satisfaction, we should not be entertaining a
change. And I urge everyone to vote no.
ACTING PRESIDENT KUHL: Senator
Stavisky, why do you rise?
SENATOR STAVISKY: On the bill,
Mr. President, very briefly.
I concur with everything that
Senator Ada L. Smith has said.
Let me also add, one thing we don't
need at the MTA is another layer of
5235
bureaucracy. I have testified at the MTA
hearings on the fare increase last fall in
Queens, and I was horrified when only one
member of the MTA board showed up. It showed
their lack of concern for the people in Queens
County.
I think this is a dreadful,
dreadful bill. And I raise one question, if
the sponsor would answer one question. Since
we are amending the Administrative Code of the
City of New York, is there a need for a home
rule message? No? Then my question is
withdrawn.
I urge everybody to oppose this
bill.
ACTING PRESIDENT KUHL: Senator
Padavan.
SENATOR PADAVAN: Mr. President,
this is a very involved piece of legislation,
and obviously the hour is late. But there are
a couple of things I think we should draw your
attention to.
First, there is a commitment in
this legislation -- it's outlined not only in
the bill, but also in memoranda and
5236
communications from the Governor and others --
that the existing bus lines that all our
riders in Nassau and in Queens currently rely
upon will not be altered in any way for at
least two years.
In addition, this bill does
something that many have been asking for, and
that is delays the operating authority of the
private operation to December of this year.
So that's an additional six months, roughly,
where the existing operators would still be in
existence.
There is, within this legislation,
a framework for resolving any and all issues
that relate to the employees, with whom I have
met with and I'm sure many of you have met
with. All contract agreements currently in
effect between the private operators and their
employees will be honored.
Even nonunion employees,
supervisory employees, will be guaranteed no
changes for at least six months, at which time
their supervisory positions will be
reevaluated. Which I think in a way is
understandable.
5237
There are mechanisms in the bill
that involve both houses of the Legislature,
the Governor, the Mayor, the authority, in
terms of mediation on issues that will come
up. And I'm sure there will be issues that
will come up.
Now, there's two bottom lines here.
One, will it improve service to commuters.
Now, there are a whole score of private bus
lines -- some of them with buses that go back
18 to 20 years in age, that are falling
apart -- that need a massive infusion of new
equipment. And that equipment has been made;
450 buses, new buses, will be utilized in this
new configuration.
So there's no doubt that our
constituents on both sides of the city border,
in Nassau and in Queens, and in other
boroughs, will enjoy an improved level of
service. Their routes, the service itself,
will be maintained. That's in the bill.
The other primary concern, I'm sure
for all of us, is the employees.
Is there anything you want me to --
well, I've got to answer these questions if
5238
I'm going to vote for --
(Laughter.)
SENATOR SCHNEIDERMAN: No, no
questions. No questions.
SENATOR PADAVAN: Thank you very
much. Thank you very much.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 15. This
act --
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: We would ask
for a party vote in the negative.
ACTING PRESIDENT KUHL: Let me
get to that point first.
The Secretary will read the last
section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
Senator Paterson.
SENATOR PATERSON: Ditto.
5239
ACTING PRESIDENT KUHL: Record
the Minority -- party vote in the negative.
SENATOR PATERSON: Yes.
SENATOR BRUNO: Party vote in the
affirmative.
ACTING PRESIDENT KUHL: Party
vote in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 37. Nays,
23. Party vote.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1857.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1857, by Senator Golden, Senate Print 7441C,
an act to amend the Public Authorities Law.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk?
5240
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message on Calendar
Number 1857. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted.
The bill is before the house.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
5241
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1867.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1867, by Senator Saland, Senate Print 7657, an
act authorizing the City of Poughkeepsie.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1867. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT KUHL: The
message is accepted.
5242
There is a home-rule message at the
desk.
The Secretary will read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President, at
this time I would move to recommit any of the
remaining bills on the calendar to Rules.
And I would respectfully ask the
chair to recognize the leader, Senator
Paterson.
ACTING PRESIDENT KUHL: Without
objection, the bills are all committed to
Rules.
Senator Paterson.
SENATOR PATERSON: Mr. President,
would Senator Padavan yield for a question?
5243
No, no, forget it.
(Laughter.)
SENATOR PATERSON: Let me think
that -- I knew that wasn't a good idea, Mr.
President.
The hour is late. I'm really too
tired to laugh, too old to cry, but too
dedicated to leave. So I just want everybody
in this chamber to know that the members of
the Minority will be here intermittently. We
are ready to work. We're ready to try to work
things out. We're ready to try to bring in a
budget. We're ready to try to right the
course of this state.
And we say that in sincerity,
because we really believe that had we stayed
here more than just two or three days a week
earlier in the session -- anybody can get a
low interest-free loan now. That doesn't
work, hasn't worked for ten years. But had we
stayed here -- when a jury doesn't reach a
decision, they sequester a jury. I suggest in
the future we sequester ourselves, and maybe
we will reach a more seasonable solution.
And with that, I want to thank
5244
Senator Bruno and Senator Skelos and all the
members of the Majority for their cooperation
with us this session to this point, and thank
Senator Schneiderman, my deputy on the floor,
Senator Breslin, our ranker on Finance, and
all of those who symbolically they represent,
members, and also staff, who worked so hard so
that we could give the best effort.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President and colleagues.
We're concluding the regular
session of the Senate here on June 22nd, at
11:15. We had, in December, agreed with the
Assembly and the Governor that we would
conclude this legislative session in a formal
way on June 22nd. That was a negotiated date.
And we have been here since
January. And we are open to next year, as
we're back here, spending five days a week,
six days a week, seven days a week, whatever
it takes.
But what we have to all recognize
5245
is that in this house, this year, for those
that feel that we have been here wasting our
time, we passed over 1,500 bills.
Now, in this Legislature in this
state, you need a partner. You need a
partner. While we did very meaningful things
in this chamber, you need the Assembly to
partner.
The Assembly Speaker announced in
January of this year that we would not do a
budget and we would not do meaningful
legislation until we did the Campaign for
Fiscal Equity proposal to the courts due on
July 30th.
Well, the Speaker did fairly well.
We haven't got a budget. We're ready to do a
budget. The Governor would support a budget
that we have prepared to do. But we don't
have a partner in the Assembly. So the
Speaker is true to his word; he would not
negotiate a budget for the people of this
state, so we don't have one.
And while we have passed bills here
dealing with a number of critically important
issues, they have not passed in the Assembly.
5246
Like Medicaid reform, saving the constituency
out there, with some of the task force
recommendations, up to $2.5 billion over the
next five years. Property tax relief,
Medicaid reform to localities.
Budget reform. We have a budget
reform package, and hopefully that will change
the process of late budgets once it's ratified
by the majority in this state a year from this
November.
Education, we have proposed a
$10 billion package in CFE, and we're ready to
do what it takes this year for education in
this budget.
Economic development, with our
Excell program, a billion dollars proposed in
tax cuts to stimulate jobs.
And none of that passing there. We
have passed countless bills -- create safety,
crack down on dangerous drivers, drunk
drivers, child sexual predators, murderers.
Passed bills to combat auto insurance fraud,
reduce the number of uninsured New Yorkers.
Again, I'm not going to go through
a whole litany, but it's really unfortunate
5247
that we could not get three-way agreement,
two-way agreement on the mental health parity
bill that we did here today, Rockefeller Drug
Law reform, procurement lobbying reform,
Empire Zone reform.
And again, we've worked closely
with the Governor, we've met with the Speaker
every week, almost, since January; more than
once, many times; met today, met yesterday
with him, with the Governor. And we are where
we are.
We, I think, can be proud of what
we've done in this chamber as we formally
close. We're going to be back. We're not
going on vacation. We are, all of us, going
to continue to work very diligently to try and
get some of this meaningful legislation done
for the people of this state, and we're going
to work diligently to get a budget done for
the people of this state.
Everyone is going to continue to
work after we close the formal part tonight of
this session. No one is going on vacation
that I know of. I canceled my trip to Italy.
(Laughter.)
5248
SENATOR BRUNO: Which I had never
scheduled.
(Laughter.)
SENATOR BRUNO: But I had a good
thought about that.
But it is going to be, I have a
feeling, a long, hot summer. And I will
implore our colleagues here that we
communicate with the Assembly -- and to my
knowledge, they're working and going to be
back tomorrow -- that we've been here since
January and we're prepared to be here next
week, the following week, July 3rd, July 4th,
if we have meaningful, agreed-on legislation.
And to get there, members, chairs,
I'm sure you will be participating, trying to
close any of these important issues and get a
budget done for the people of this state.
So I want to thank you for the
support that you give us on your side of the
aisle, Senator Paterson, and also for the
debate when you don't support us and help to
just explore some of the possibilities that
exist. Because, as has been stated here, none
of what we do is absolutely perfect. And I
5249
think the debate is, many times, extremely
helpful. So we thank you for that.
I want to thank the Majority
members here for your participation, for your
support, for your being here, for your doing
all the great things that you do constantly
and continually. And again, we're going to
continue to do all of these kinds of things.
We have people here who support us,
and many of them are in the chamber and many
of them are listening, staffwise, and I want
to thank all of them.
And we're not going to go on at
great length. Senator Skelos, who has been on
the floor here as our deputy, and all the
leaders that are here in this chamber, and all
of the members, I just say thank you. Thank
you for your support, thank you for all the
good things that you do, thank you for your
intentions.
And, Mr. President, I'm not sure
when we'll be back here. But I'm fairly
certain that we will be back here sometime
within this next 20 or 30 days, because we
have to get a budget done. And someday I
5250
believe we'll get an agreement with the
Assembly if they want to close on a budget.
The CFE is not due to the courts
until July 30th. And I share with you that on
July 30th, if we have a three-way agreement
and we submit that to the courts on July 30th,
the courts will not respond back and say
that's an improved plan. So for those that
are waiting for CFE to get done, they may wait
till September or October.
And if people in the Assembly
aren't ready to do a budget until then, then
that's their prerogative. Not fair to the
people of this state. It is not fair to the
constituency, not fair to the members that are
working here diligently in this house.
So again, as we conclude the formal
session here, I am asking the Assembly to be
diligent in some of these major pieces of
legislation that we have addressed in trying
to get them done. And to work on the budget,
because it is critically important to all of
the constituency in this state. We're ready
and we're willing to conclude, but we need a
partner.
5251
And so I'm feeling badly that we're
here concluding and I am making remarks like
this as we conclude. But life is what it is,
we're dealing in reality. And again, we're
prepared, tomorrow, next week, to be here
doing whatever it takes.
So please, don't leave here,
anybody -- and I'm talking to the press, who
like to report that we're breaking for
vacation, and that is just not true. So if
you write it, if you report it, it is not
true. And rarely have I ever heard or read
anything in the press that is not true.
(Laughter.)
SENATOR BRUNO: Mr. President, I
thank you.
And we are adjourning, and I move
that we adjourn, subject to the call of the
Majority Leader, intervening days to be
legislative days.
And I wish you all safe passage,
God bless you all. Thank you.
(Applause.)
ACTING PRESIDENT KUHL: The
Senate stands adjourned, subject to the call
5252
of the Majority Leader, intervening days to be
legislative days.
(Whereupon, at 11:26 p.m., the
Senate adjourned.)