Regular Session - August 12, 2004
5912
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
August 12, 2004
10:59 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
5913
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,
Wednesday, August 11, the Senate met pursuant
to adjournment. The Journal of Tuesday,
August 10, 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.
5914
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. I understand that there's a
privileged resolution by Senator Bruno at the
desk. I ask that be title be read and that we
move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 6028, honoring
Patricia T. Dyer upon the occasion of being
elected president of the New York State
American Legion Auxiliary for the year
2004-2005.
ACTING PRESIDENT McGEE: All in
favor of the resolution will signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
5915
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could we announce an immediate
Rules Committee meeting in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Kuhl.
SENATOR KUHL: And could the
Senate stand at ease awaiting that report.
ACTING PRESIDENT McGEE: We will
stand at ease pending the report.
(Whereupon, the Senate stood at
ease at 11:02 a.m.)
(Whereupon, the Senate reconvened
at 11:15 a.m.)
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Yes, can we return
to the order of reports of standing
5916
committees.
I understand that there's a report
of Rules Committee at the desk. Can we have
that read, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7718, by Senator
Robach, an act to amend the Correction Law;
7736, by Senator Padavan, an act to
amend the Tax Law;
3664A, by Senator Oppenheimer, an
act to amend the Penal Law;
7731A, by Senator Rath, an act to
amend the County Law;
7732, by Senator Rath, an act to
amend the Tax Law;
7740, by Senator Robach, an act to
amend the Town Law;
7743, by Senator Morahan, an act to
amend the Election Law;
7747, by the Senate Committee on
Rules, an act to amend the Tax Law;
5917
And Assembly Print 11659, by the
Assembly Committee on Rules, an act to amend a
chapter of the Laws of 2004.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Move we accept the
report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. All the members should have a
Calendar Number 65 on their desk. Could we
now continue and have the noncontroversial
reading of Calendar Number 65.
ACTING PRESIDENT McGEE: The
5918
Secretary will read.
THE SECRETARY: Calendar Number
1930, by Senator Robach, Senate Print 7718, an
act to amend the Correction Law, in relation
to closure of correctional facilities.
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1951, Senator Oppenheimer
moves to discharge, from the Committee on
Rules, Assembly Bill Number 5164A and
substitute it for the identical Senate Bill
Number 3664A, Third Reading Calendar 1951.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
5919
1951, by Member of the Assembly Stringer,
Assembly Print Number 5164A, an act to amend
the Penal Law, in relation to making the
defense of justification gender-neutral.
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, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1960, by the Assembly Committee on Rules,
Assembly Print Number 11659, an act to amend a
chapter of the Laws of 2004, amending the
Public Health Law.
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.
5920
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl, that completes the
noncontroversial reading of the Rules report.
SENATOR KUHL: Thank you, Madam
President. There are a number of bills that
are on high; we're awaiting messages. They
will be coming momentarily.
So if we could just stand at ease
for a few moments.
ACTING PRESIDENT McGEE: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 11:19 a.m.)
(Whereupon, the Senate reconvened
at 11:54 a.m.)
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we return now to the
noncontroversial reading of the calendar and
5921
pick up Calendar 1950.
ACTING PRESIDENT McGEE: 1950.
The Secretary will read.
THE SECRETARY: Calendar Number
1950, by Senator Padavan, Senate Print 7736,
an act to amend the Tax Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Madam
President, is there a message of necessity at
the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR MORAHAN: Can I ask that
we accept that message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is accepted.
5922
The Secretary will 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, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Madam
President, can we now take up Calendar 1953,
by Senator Rath.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1953, by Senator Rath, Senate Print 7731A, an
act to amend the County Law, in relation to
wireless communications service surcharges.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: One moment.
Is there a message at the desk,
Madam President?
5923
ACTING PRESIDENT McGEE: Yes,
there is.
SENATOR MORAHAN: Could we move
to accept that message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor 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 local fiscal impact note
at the desk.
Senator Morahan.
SENATOR MORAHAN: For the record,
just so people know, 1953 is the calendar
we're going to work on.
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
5924
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, could we
now pick up Calendar 1954, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1954, by Senator Rath, Senate Print 7732, an
act to amend the Tax Law, in relation to
authorizing the County of Genesee.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR MORAHAN: I move that we
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
5925
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is accepted.
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, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: 1955, Madam
President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1955, by Senator Robach, Senate Print 7740, an
act to amend the Town Law and a chapter of the
5926
Laws of 2004 amending the Town Law.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR MORAHAN: I move that we
accept that message.
ACTING PRESIDENT McGEE: The
motion is made to accept the message of
necessity. All in favor will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will 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.
5927
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Could we now
take up Calendar Number 1956, Madam President.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1956, by Senator Morahan, Senate Print 7743,
an act to amend the Election Law, in relation
to initial voter identification.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR MORAHAN: I move that we
accept the message, Madam President.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
5928
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: The bill
is laid aside. We're on the noncontroversial
reading of the calendar.
SENATOR MORAHAN: Madam
President, now go to 1958, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1958, by the Senate Committee on Rules, Senate
Print Number 7747, an act to amend the Tax Law
and the Agriculture and Markets Law.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
5929
a message of necessity at the desk.
SENATOR MORAHAN: I move that we
accept that message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will read.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Morahan, that completes the
reading of the noncontroversial calendar.
SENATOR MORAHAN: May we have the
controversial reading, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1956, by Senator Morahan, Senate Print 7743,
5930
an act to amend the Election Law.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Thank you,
Madam President.
This bill is very similar to one
that the Senate adopted in February of this
year. That bill also required, besides ID, it
also had a verification process. That
verification process has been separated from
this bill, and now it deals just with the HAVA
language on IDs.
It directs each Board of Elections
to require any person who registers by mail
after January 1, 2003, and who has not
previously voted in a federal election to
present to the appropriate election inspector
or clerk or coordinator a current and valid
photo ID or a copy of a current utility bill
or a bank statement, a government check, or a
paycheck or other government document that
shows the name and address of the voter.
ACTING PRESIDENT McGEE: Senator
5931
Sabini.
SENATOR SABINI: Thank you, Madam
President. If the sponsor, through you, would
yield for a question.
ACTING PRESIDENT McGEE: Senator
Morahan, will you yield?
SENATOR MORAHAN: Yes.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR SABINI: I want to
commend the sponsor for his hard work on this
issue through tough times and the perseverance
that members of the committee have shown and
members of the Assembly have shown.
This is a same-as bill as the
Assembly. And my concern with the bill is in
some of the specifics. Under this bill,
would -- since in the first section of the
bill it says each Board of Elections in a
uniform and nondiscriminatory way shall
require -- "each" being the word I'm concerned
about. And later on in the bill, under the
"Requirements" part, it says "in general."
I'm concerned that Boards of
Elections in the state could have different
5932
standards on verification. And since there
are many, many, many offices in the State
Legislature and in Congress that go -- and
we're voting on a U.S. Senate seat this
year -- that go beyond county lines, that
there might be different verification
processes for voters voting in the same
election.
Would this bill not create that
sort of different system?
SENATOR MORAHAN: I don't think
it would create it, but it doesn't prevent it.
SENATOR SABINI: Madam Chair, on
the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: I think we're
compelled to do something on this issue. The
Help America Vote Act has given the State of
New York an extension on the machine issue
till the next federal cycle, which would be
2006. But we don't have an extension on the
verification requirements.
So I think we have to do something.
The fact that this is a same-as in the
5933
Assembly means that we probably should pass
this.
But I think -- my concern in
supporting the bill is that we're creating
different standards in different counties and
that the same voter in one county voting for a
State Senate election or an Assembly election
or even a statewide election might be allowed
to vote based on what they submitted for
verification, and in another county the same
kind of voter with the same kind of
verification material may not be.
I think that the bill is broad
enough, and I congratulate the sponsor for
making the bill broad enough. In fact, in
some instances it's broader than some of the
Democrat conferees wanted to see. But I'm
just concerned that what we're creating in
fixing this and making things better -- and
we're here to make things better -- that we're
eliminating a chaos and just making it into a
sort of mild misunderstanding rather than
chaos.
So in the spirit of moving
legislation, I'll support the bill and vote
5934
aye.
Thank you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Yes, just to
speak to the bill.
ACTING PRESIDENT McGEE: Senator
Morahan, on the bill.
SENATOR MORAHAN: Okay. The
comments by Senator Sabini talking about chaos
or a different application, this, Senator, is
not a verification bill.
The verification could very well be
something that could cause some confusion if
one is more arduously following up to get the
verification in different ways.
The ID portion, which we're doing
today, will not lend to that confusion,
Senator. It says a valid photo ID. It says a
utility bill. It says specifically what is
available. And either it is or it isn't. So
I don't expect any confusion because of what
we pass today.
When we get to the verification
bill, that process, you're correct, we will
5935
have to be very careful that we don't do
something. But hopefully, in the meantime, we
will have a governance bill for the State
Board of Elections.
We have a bill, as you know, being
on the committee, prepared to deal with that,
if we do that, and make things fair and
equitable at the state level. Then I think
they would probably promulgate rules and
regulations for oversight that we all would be
comfortable with.
So I think this is a good bill. It
does get us under the wire before the primary
day. And that it keeps us in conformity with
the language and the spirit of the HAVA action
taken by the Congress of these United States.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. If Senator Morahan would yield,
just for information. Just one.
ACTING PRESIDENT McGEE: Senator
Morahan, will you yield?
SENATOR MORAHAN: One? I'll
5936
yield for one question. Or maybe two or maybe
three.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR MONTGOMERY: No, no. The
only thing I wanted to ask you, Senator, is
this an agreed-upon bill that we're passing?
SENATOR MORAHAN: Three-way.
SENATOR MONTGOMERY: Okay, thank
you. That's it.
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, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1958, by the Senate Committee on Rules, Senate
Print Number 7747, an act to amend the Tax Law
and the Agriculture and Markets Law.
SENATOR SCHNEIDERMAN:
5937
Explanation.
ACTING PRESIDENT McGEE: Senator
Larkin, an explanation has been requested.
SENATOR LARKIN: Good afternoon.
You know, we've been talking about
the VLTs for a number of years now. And just
recently the courts made a decision that the
commingling of money into the track versus
education was not constitutional. That is now
up for a challenge.
However, in order to ensure the
flow of money that we're going to take in to
education and continue to operate the tracks,
this is called a pop-up bill. This bill will
not take place unless the courts sustain the
lower court's decision.
What we've done here is we've
separated a proposal to enabling Ag and
Markets to monitor the funding, with Lottery,
and to ensure that the total entity of funds
raised through the machines goes into
education.
But one of the biggest problems for
Yonkers at this point was the bonding company
said: We want to make sure that there's
5938
something in place for us so we don't lose out
on it.
So basically, what the alternative
to this plan is, is that it just gives the
investors the security that there is going to
be money there. And the level of certainty is
what they said they needed or they would not
do the bonding.
This also ensures that the program
will continue to roll, and it will help us to
put money in education without diverting it.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Thank you, Madam
President. Since we're getting paid, I feel
like I should earn my check.
If the sponsor could yield to a few
questions.
ACTING PRESIDENT McGEE: Senator
Larkin, will you yield?
SENATOR LARKIN: John, I would be
honored.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SABINI: Thank you, Madam
5939
President, through you.
Is there a same-as bill of this in
the Assembly?
SENATOR LARKIN: I understand in
the other house they're looking at it.
What we had originally tried to do
was to do the two tracks, but there was no way
we could come to an agreement on it. But
right now we have a track that Mr. Spano knows
about.
You have a problem there that we're
supposed to put 5,000 machines in there. The
machines are ordered, the contract is in
place. The only thing is the investor says
what happens if I go through with it and the
courts say something different, what venue do
I have to go to?
This is his bible. And I hope the
other house does it. Because, you know, you
can't stand in that other house and go around
saying we need money for education, we need
money for education. Well, here's 10,000
machines that should have been operating two
years ago.
We're just trying to put it in
5940
place, John, so that we can ensure that the
machines will run, the flow of money will go,
and that education will receive the funding
that it should have been.
SENATOR SABINI: Madam President,
through you, may I ask the sponsor to yield
for an additional question.
ACTING PRESIDENT McGEE: Senator
Larkin, will you continue to yield?
SENATOR LARKIN: Yes, John.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR SABINI: I share the
Senator's concern about the money flowing from
VLTs. In fact, my main concern here is that
since there is no same-as, that there may not
be a Yonkers in the near future.
And I'm particularly concerned that
Aqueduct, in Queens County, while the bill
doesn't legislatively prevent it from
happening, the sponsor knows and I know that
there are very complicated negotiations
involving the people who operate the tracks
and the people who will operate the VLT
concession, if you will, and that over a
5941
hundred million dollars, in the case of
Aqueduct, is involved in an investment from a
company that wants to create 700 jobs at
Aqueduct --
SENATOR LARKIN: 131 million,
John.
SENATOR SABINI: Okay. Thank
you.
-- and that by passing this bill
and not having an agreement with the Assembly,
that the Aqueduct portion of VLT revenue will
not come to fruition and there won't be those
700 jobs in Queens, and that, in effect, by
compelling this bill to move, we are actually
choking off money for education.
SENATOR LARKIN: I don't see it
that way, John.
If we don't take this action, we
are cutting something off. Right now, with
this action, we're saying to an investor: Go
ahead, put your money up for Yonkers.
The problem you're talking about
with Aqueduct is a complicated issue because
Aqueduct, under the NYRA, has not decided
whether they want to do it alone, they want to
5942
go with a vendor to operate the machines, and
what entity they want to go with. So why
should we be up held by Aqueduct when we can
put Yonkers in place and at least get
something moving?
You know, we've had two tracks that
have filed bankruptcy, up in Senator Meier's
area and the one in Western New York. Those
machines aren't running. Out of a total of
about 18,500 machines -- and you're aware of
it, because you asked me before on it -- we
have about 3100 machines running. These
machines are producing revenue.
When you look at the other states,
Rhode Island, 12.5 percent of their state
budget comes from the VLTs; West Virginia,
17 percent of -- their VLT money takes care of
17 percent of their state budget.
We are right now saying let's get
our act together and get some of this pie
done, because the longer we stretch it out,
there may not be a Yonkers, there may not be
an Aqueduct. I think by going ahead and
moving and saying here we are, we're going to
do Yonkers, maybe the people at NYRA will
5943
start to recognize the fact that they can talk
about what a beautiful track they have and how
everybody likes thoroughbreds.
But the people in the City of
New York who filed the CFE are looking for
funds. This is the funds, no matter how you
cut the mustard.
SENATOR SABINI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: First of all,
let me thank the sponsor for characterizing
Aqueduct as a beautiful track. That's the
first time I've ever heard that. That was
supposed to be a joke, for you racing fans.
I find myself in the unusual
position of trying to take the sponsor's logic
and go further. I agree with everything he's
said, and I want to see more. Let a thousand
flowers bloom here. I don't want to see
Queens County and Aqueduct not in the mix as
was promised. And I want to see the money for
education flow.
And if we can come to an agreement
5944
with the Assembly and the Governor to move
Aqueduct -- and I believe Aqueduct has their
act together a little bit better, and NYRA has
their act together on this item a little bit
better than perhaps the sponsor thinks; I
would view their glass as more than half
full -- we would have far more revenue. As
big as Yonkers will be, Aqueduct will dwarf
Yonkers once it's opened.
But this bill does nothing to help
Aqueduct open, in my opinion. In fact, it
sets the Aqueduct process back, almost back to
the drawing board.
So I find myself agreeing with
everything the sponsor said except that I
don't think this is the best way to get it
done. Especially for the folks in Queens
County, so we can see some of that CFE money
flowing in through the VLTs.
So for reasons that -- only because
I think that half a loaf, in this case, is
better than none, and perhaps on the last bill
I thought half a loaf was better than none --
on this one I really think we need as much
loaf as we can get, because that's what future
5945
budgets seem to be predicated on.
I'm also concerned, for the record,
about the way in which we're going to provide
for the horsemen and the breeders. And I know
that there's a trigger mechanism in this
pop-up bill that -- I don't ever recall seeing
a pop-up bill before. Maybe I wasn't paying
attention. But I'm afraid that at some point
another legislature will say, Hey, we're
giving money to guys that breed horses and
track owners at the expense of the poor, at
the expense of entitlements, at the expense of
somebody else.
And I don't want to see that
happen. I know the court has put us in this
situation because of their ruling. But
specifically for the reason I think we can do
a better bill that gets more revenue for
everyone, I would like to see us do at least a
two-way agreement with the Assembly and get
Aqueduct and Yonkers open for everyone's
benefit and, frankly, fulfill the promise to
the track owners, to the breeders, to the
horsemen and to the vendors who have already
invested a lot of money in the idea of these
5946
VLT sites being open, that we're really
serious about it, it's not just rhetoric.
And so for that reason, I'm going
to be voting no, Madam Chair.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I concur with -- on the bill.
ACTING PRESIDENT McGEE: Are you
on the bill?
SENATOR SCHNEIDERMAN: On the
bill.
I concur with much of what Senator
Sabini said. I appreciate the difficulty that
we are facing and that the sponsor has faced
in trying to craft this.
But I think to pass a one-house
bill that takes care of some tracks and
doesn't, we know, because we've been told by
the businesspeople involved, doesn't take care
of others -- if you're trying to send a
message to the business community, to the
investors that you're okay, we got you
covered, we have to do that. But to pass a
5947
bill that takes care of some but not others is
almost a worse message than none at all.
I would rather wait and negotiate
something with the Assembly that is in fact a
law. Because I think it is a dangerous
message. And if I'm an investor in Aqueduct
and I said, Oh, the Senate passed a bill that
deals with Yonkers but not us -- that may not
be the type of signal we're trying to send,
but I'm afraid that is what we would be
sending.
So I will be voting in the negative
on this bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: You know, I've
listened to my colleagues telling me the
pitfalls of this piece of legislation, but I'd
like to remind all of them that we've met on
more than one occasion with the Assembly on
this bill, and constantly come up with one
question: Where is your language?
You can sit here and you can say,
you know, we should be waiting, we should do
5948
this. I remind you once again that we've been
waiting since October 2001. We've started the
race. Now we're stopped by the courts.
We want to be in place so that at
the next court level, for you attorneys who
know it, we will be in a position to do
something. We're in a position to help the
investors to move forward with it. The tracks
are willing to do it, they just want some
agreement. We've given that agreement.
When you say we should wait for it,
I think we should ask you to go down the hall
and talk to your counterparts in the Assembly
and say: Why haven't you provided any
language?
The language that is there is the
only language that's been available. I'd love
to see 5,000 at Aqueduct, John. You and I
have talked about it.
And, Senator Schneiderman, I would
like to see Yonkers go. I would like to see
the Finger Lakes go.
But when you're standing back here
and just saying we ought to wait, we ought to
wait, we ought to wait, you know, I think
5949
we're sending the wrong message. We're
sending the wrong message to tourism, we're
sending the wrong message to the racing
industry and to the overall business
community.
ACTING PRESIDENT McGEE: Will
those voting in the negative on the bill
please raise your hands.
Senator Ada Smith, to explain her
vote.
SENATOR ADA SMITH: Thank you,
Madam President.
They say that all politics is
local. And many of my constituents work at
Aqueduct, and a lot of them frequent Aqueduct,
as it is one block outside of my district.
Anything that does not provide for my
constituents is something that I cannot, in
all good conscience, vote for.
I await the day when I can gladly
join all of my colleagues in voting for a
benefit that will benefit the people that I'm
blessed to represent. Therefore, I vote no.
ACTING PRESIDENT McGEE: Senator
Sabini, to explain his vote.
5950
SENATOR SABINI: Thank you, Madam
Chair.
Again, I just want to tell the
sponsor that perhaps -- and he's right on many
of the points he's made, but that the best way
to get that done is to have a conference
committee with all the interested parties
there to witness what goes on, tell us why
we're wrong or they're wrong in an open forum,
and that's how we could get things done.
Because as things get done in this
building, a lot of it is rumor, hearsay, bills
that we get in the morning that we didn't know
we were getting last night, or different
versions. And perhaps if we had a conference
committee on this, we could thrash it all out
so that we could do all the things we wanted
to do with this.
But unfortunately, the way the
process works in both houses, we don't have
that. So, you know, I can go down to the
other end of the hall until I'm blue in the
face. But we don't engender open dialogue
here.
And that would be, I think, to
5951
everyone's benefit -- ours, the interest
groups, the taxpayers, the schoolchildren and
everyone in this case -- if we all sat down
and try and thrash out our differences and
know what we were talking about, instead of
this sort of innuendo that flies around the
building.
So I agree with Senator Larkin. I
just would like to make sure that we get the
job done, and perhaps we want to do it in
different ways. But I think if we had an open
forum, we'd be able to get the job done.
Thank you.
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1958 are
Senators Andrews, Connor, Duane,
Hassell-Thompson, L. Krueger, Lachman,
Padavan, Paterson, Sabini, Schneiderman,
A. Smith, M. Smith, and Stavisky.
Ayes, 46. Nays, 13.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Morahan, that completes the
5952
controversial reading of the Rules report.
SENATOR MORAHAN: Madam
President, I know I'm not very tall, but do
you think I'm standing?
ACTING PRESIDENT McGEE: No, but
I'm telling you that it completes the report.
You may stand if you wish to do so. If not,
we'll wait on you.
SENATOR MORAHAN: Okay. There
will be an immediate meeting of the Rules
Committee, Madam President, in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR MORAHAN: The Senate will
stand at ease in the meantime.
ACTING PRESIDENT McGEE: The
Senate will stand at ease. Or sit.
(Whereupon, the Senate stood at
ease at 12:30 p.m.)
(Whereupon, the Senate reconvened
at 12:45 p.m.)
ACTING PRESIDENT McGEE: Senator
Marcellino.
5953
SENATOR MARCELLINO: Yes, can we
return to the reports of standing committees.
I believe you have a report of the
Rules Committee at the desk. Can it be read
now.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 7688, by Senator
Spano, an act to amend the Public Health Law;
7745, by Senator Bruno, an act
authorizing the School District of the City of
Rensselaer;
And Senate Print 7748, by Senator
Maziarz, an act to amend the Public Health
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Can we move
to accept the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
5954
favor of accepting the report of the Rules
Committee will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Marcellino.
SENATOR MARCELLINO: If we could
hold for just one moment, Madam President.
ACTING PRESIDENT McGEE: Yes,
sir.
Senator Marcellino.
SENATOR MARCELLINO: May we have
the noncontroversial reading of the Rules
report, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1952, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9872A and substitute it
for the identical Senate Bill Number 7688,
Third Reading Calendar 1952.
5955
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1952, by Member of the Assembly Glick,
Assembly Print Number 9872A, an act to amend
the Public Health 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
1959, by Senator Maziarz, Senate Print 7748,
an act to amend the Public Health Law and
others.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, is there a message of necessity at
5956
the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message at the desk.
SENATOR MARCELLINO: Move that we
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT McGEE: Senator
Maziarz, an explanation has been requested.
SENATOR MAZIARZ: Thank you very
much, Madam President.
First, I want to thank all those
who made it possible to come to this historic
compromise.
First I want to thank Senator Bruno
for his leadership on the issue. I'd also
5957
like to give a great deal of thanks to the
Aging Committee chair, Senator Marty Golden,
and his staff for their tireless dedication,
and also Senator Hannon and the staff of the
Senate Health Committee, and clearly to
Governor George Pataki, whose leadership and
willingness to compromise helped bring us to
this final legislation that we have before us
today.
I'd also like to thank the various
advocates, those individuals particularly in
the orange shirts, who have been here on a
daily basis for the last several weeks. The
advocates have worked tirelessly to bring
assisted living to New York.
And, finally, I want to thank our
colleagues in the Assembly who have also spent
much time working to bring this issue to a
conclusion.
This bill is a culmination of
negotiations and years and years of work,
going back to my days as chair of the Senate
Aging Committee. Public hearings were held on
this legislation when it was first introduced.
And throughout this time, the advocates have
5958
been deeply involved in the final process.
The assisted-living model allows
individuals to remain in a residential,
homelike setting while receiving supportive
services and health-related care as they need
it. The growth in appeal of assisted living
has become a national trend because it enables
seniors to receive the assistance that they
may need while maintaining a lifestyle more
commensurate with their own.
The philosophy of assisted living
explicitly promotes, and this legislation
explicitly promotes, independence, privacy,
personal dignity, respect, and choice.
Tantamount to this philosophy is a living
environment that is designed to accommodate
the changing needs and preferences of its
residents in order to allow them to remain in
the residence as long as their needs can be
met and allow them to age in place.
Specifically, this bill first
defines assisted living and assisted-living
residences. The bill contains the important
point of aging in place at enhanced
assisted-living facilities. The bill contains
5959
provisions for special-care populations.
Lookalikes, those places that call
themselves assisted living, will be regulated
under this bill in a way to protect those they
serve.
Individualized service plans for
all inhabitants of the residences will be
required. It's very important, Madam
President, that these are individualized
service plans.
Furthermore, the bill requires
written resident agreements for these
inhabitants. Residents and their families
will know what to expect, will know what they
are paying and what they are paying for.
The bill has full consumer
disclosure by containing nine points aimed to
assist individuals and their families.
Further, the bill contains a 16-point bill of
rights, as well as requiring the development
of a consumer protection guide for each and
every resident and any member of their family
that should choose to have one.
And, lastly, the bill contains a
permanent, ongoing task force to deal with the
5960
issues pertaining to assisted living.
Madam President, my late mother
lived in a senior care facility for the last
three years of her life, and it was a great
experience going there on a daily basis to see
her, but to also interact with the other
residents and to see the different levels of
care that they needed. Some were much more
independent than others.
This legislation will allow for
individualized service plans. This may be one
of the best ten pieces of legislation that's
agreed upon by the two houses and by Governor
Pataki this year.
Thank you, Madam President. And I
am certain my colleague has no questions after
that explanation.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I'll yield
to Senator Golden.
ACTING PRESIDENT McGEE: Senator
Golden.
SENATOR GOLDEN: Thank you, Madam
Acting President.
5961
I too rise on this bill to thank
Senator Maziarz and his staff and Senator
Hannon and his staff and all of the members of
the conference, in working with the Democrats
and the Republicans, working with the Assembly
and the Senate, working through many, many
hours to come up with a bill that would work
for our seniors who are sitting up here in the
audience, who stood outside our rooms each and
every day, who handed us volumes and volumes
of papers, saying, Please support these bills.
And we held out, and the reason we
held out is to get a bill that worked for our
seniors this year. And I believe that this
bill does work for all of the seniors across
this great state.
And it points out the lookalikes
that are out there that have been up and down
our state now will have to conform and will be
regulated. And we'll be able to know who they
are and what they are and who's on their
boards and what they're doing. And that those
residents in those assisted-living facilities
will get the best care possible by the State
of New York.
5962
We are the number-one state across
this great country when it comes to
aging-related issues. And we have been seeing
the tragedies in nursing homes. And we
addressed them many, many years ago. And
now -- we were a leader amongst the states
with our nursing home legislation, and we will
be a leader across this great country with our
new legislation here in assisted living.
It does do what it's supposed to
do, and that's help our seniors. And it gives
them the opportunity to have a 12-point
residency agreement, which I think is
important so that we have complete consumer
knowledge of what's going on and how they can
get into these facilities, what goes on in
these facilities, what the prices of the
facilities are. When those prices change,
that they have to go through the process again
and tell the residents of the assisted-living
facility, and those coming in, of price
changes.
And it also establishes a 16-point
resident's bill of rights, which I think is
also important for the future of our seniors
5963
here in this great city and state.
So I applaud all of those that were
involved in this long battle to get this
assisted-living bill. There is more to be
done yet. I think we have to continue to work
towards our aging in place and working to
continue our services and getting those
services directly into our homes. But right
now, I think this is a good assisted-living
bill that was pounded out by all of the
advocates and the Assembly, and I think it
works for all of the city and the state
residents.
Thank you.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: As a
cosponsor of this bill, I'm very pleased that
it became an agreed-upon bill and is soon to
become law.
You know, there's a lot of
facilities that talk about being
assisted-living facilities, and some people
aren't quite sure what the definition of that
is, and it varies from place to place.
5964
But this bill is important because
it regulates these facilities to make certain
that individuals who take advantage of them
will not be taken advantage of. And namely,
they will be able to obtain the services that
are promised. And that there are certain
legal requirements that have to be met so that
those promises are kept.
So I think it's a very good piece
of legislation. I have a very active group of
seniors from Onondaga County, and they're so
persuasive that they convinced all the seniors
throughout the state to wear Syracuse orange
in Albany for the last six months. And I
think that was a key factor as to why this
bill ultimately passed and it became as good a
bill as it currently is.
So congratulations, Senator
Maziarz, and also to the chairman of the Aging
Committee, Senator Golden, and all those who
worked on this piece of legislation.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
5965
I would like to compliment the
chairman of the Aging Committee, Senator
Maziarz, on all of his hard work in bringing
this very important matter to the floor today.
I am thrilled that the senior
citizens in Madison, Oneida, Onondaga and
Cayuga County will now know that they have a
bill of rights that will govern
assisted-living care. There are so many key
provisions in this that deserve to be
recognized, but I would just like to highlight
a few.
For my residents who have come here
over and over again, and for seniors in other
parts of the state, I thank you and I want you
to know you helped sensitize the members of
this Legislature and our staffs, and I think
the media, to the importance of this
assisted-living bill of rights.
Among the provisions, a written
individual plan developed for each resident in
an assisted-living residence upon admission; a
service plan and a residence representative to
cover any kind of legal questions; guarantee
that a physician is always to be available for
5966
evaluations; individualized service plan to be
developed with medical, nutritional,
rehabilitation, functional, cognitive and
other needs of the resident.
It clearly spells out, Madam
President, the importance on every level of a
resident's life why we need to have these
guarantees in statute in this particular piece
of legislation.
The long-term-care ombudsman who
will be provided to any person without fear of
reprisal should they have questions about this
individualized care is also another very
significant milestone.
The right of every resident to
manage his or her own financial affairs, to
have privacy in treatment, to be guaranteed
confidentiality in the treatment, to receive
courteous, fair, and respectful care in
treatment, and a written statement of the
services to be provided in the residence.
To have security for his or her
personal possessions if stored by the operator
of the assisted care facility, and to receive
adequate and appropriate assistance with
5967
activities in daily living.
To be fully informed of a medical
condition and proposed treatment unless
medically constrained, and -- and I think this
is a very significant point -- to have the
right to refuse medication or treatment of
services after being fully informed.
Madam President, this is an
important day in which we have stated that we
value, respect, and revere, in fact, the
dignity of the senior citizens of this state.
On a personal note, I was so
pleased to see so many members of various
senior citizens organizations, particularly
AARP, who have come in from my part of the
state to lobby. Just yesterday I welcomed a
whole group of friends who were here in the
hallway, and we joked about experiences we've
had, past and present, things like the Senior
Ball that used to be held in Syracuse,
functions in Oneida and Canastota that are
important to all of them.
This visit that they pay to the
Capitol serves to give them an important
insight into their legislative process, but it
5968
gives us a reminder of how the greatest
generation, as they have been referred to over
and over again, still can be the driving force
behind important legislation.
And one other little sidebar to
this particular lobbying effort. As they
would line up outside the hallway, on the
hallway between the Senate chamber and the
Majority Conference Room, each time they were
there in large numbers on either side, they
always presented a bouyant atmosphere.
And one day, coming through that
hallway with another one of my Senate
colleagues, I remarked to Senator Bonacic that
it looked like a stroll line. And
spontaneously, we all did the stroll together
as we went down on our way to conference.
Everybody laughed, and I guess the story has
been repeated to subsequent groups who came
along.
Don't wait for another issue of
this magnitude, my friends. Come back, do
another stroll line, lift our spirits with
your enthusiasm. And thank you once again,
all of my friends in Central New York as well
5969
as around the state in the senior citizen
advocacy field, for making this effort such a
priority this year. We're proud to have been
able to serve you.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Thank you.
I yield to Senator Schneiderman if
he has any questions.
SENATOR SCHNEIDERMAN: I don't
have any questions yet, but if you guys keep
talking, maybe I will.
(Laughter.)
ACTING PRESIDENT McGEE: Senator
Morahan, do you wish to speak on the bill?
SENATOR MORAHAN: I'll yield to
Senator Hannon.
ACTING PRESIDENT McGEE: Senator
Hannon.
SENATOR HANNON: Thank you, Madam
President.
I want to congratulate Senator
Maziarz and Senator Golden for the long,
intensive work that they have done on this
bill.
5970
This is a significant addition to
the regulatory scheme for long-term health
care in this state. In fact, probably for
over two decades there has been a lack of
addressing this issue. And what we have today
is a comprehensive regulatory framework so
that people will get good care, that care will
be supervised.
Before that care can even be
offered to the general public, there has to be
plans submitted and approved to the Department
of Health. There has to be disclosure to the
people applying to be residents for whatever
the type of regular assisted living or
enhanced assisted living that will be offered.
What we have done, I believe,
thanks to the Aging chairs, is put in place
the framework so as the baby boomers become
the residents of these homes, the baby boomers
become in need of long-term care, we have a
comprehensive scheme. We already have in
place home health care, we have in place
nursing home -- and in a very sporadic way
over the years before Governor Pataki became
governor, we had enhanced housing, we had
5971
enhanced living, we had a narrow assisted
living.
We did not have a comprehensive
plan. And in fact, we had what is known as
the stand-alones, the lookalikes who were
offering sometimes health care and sometimes
not.
What we now have done, and it's
taken a number of years to come up with a
definition of assisted living and to provide a
continuity of the degrees of assisted living,
we've put in this statute. And I congratulate
all those involved.
Thank you.
ACTING PRESIDENT McGEE: Senator
Sabini.
SENATOR SABINI: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Sabini, on the bill.
SENATOR SABINI: I want to
congratulate Senator Maziarz, the sponsor,
Senator Golden, the chairman, on this
legislation. I had a bill on the same topic,
but I'm delighted that we're going to move
5972
something that's going to become the law.
I also want to congratulate the
folks who advocate on behalf of this,
particularly folks from AARP, or, as they've
become known, the "Orange Crush." They are
truly advocates in the good citizen spirit,
because most of them aren't consumers of
assisted living right now and yet they're
looking out for both those that are in and
those perhaps in the future who will be in
assisted living.
I am currently living with a
situation of assisted living. My mother is an
assisted-living facility. And frankly, when
she arrived there, her physician told me that
her health was deteriorating rapidly. And
because of the great care that she's getting
at that facility, she has been there now, I
guess, about 26 months.
And I think that's important to
note, that the bill allows providers to be
good providers. That it's not overregulatory,
it's basically a framework. There's a
personalization of the care. There are shades
of assisted living that the bill allows.
5973
In the facility she's in, there's
people who are confined to wheelchairs all the
way up to one gentlemen who goes to his
business that he owns every day to sort of
supervise it, he's semiretired, and he keeps
his own pet at the assisted-living facility.
And he goes back and forth to his place of
business to this day.
So the people that are in these
facilities really do require different levels
of care. But the important thing about this
bill is that it's not overburdensome to keep
people out of the business. Because one of
the things that we have found is that there is
a growing need for these kinds of facilities.
The federal government, since President Reagan
was president, has unfortunately cut back on
federal 202 housing, which was sort of a less
assisted form of senior housing, so there's
more and more need for these facilities. And
I believe that this bill will not stifle
development of them.
So I think it's a good thing all
around, and I am happy to vote in the
affirmative and thank the sponsor for his hard
5974
work.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Thank you,
Madam President. If I can ask Senator Maziarz
just one question.
ACTING PRESIDENT McGEE: Senator
Maziarz, will you yield?
SENATOR MAZIARZ: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR STAVISKY: I recall a
hearing you held a number of years ago in
Garden City on assisted-living legislation
that was, I must tell you, a very, very
interesting hearing where I learned a great
deal from the testimony of the witnesses who
came forward.
How does this legislation differ
from the bill that they were discussing -- was
it two or three years ago, I believe?
SENATOR MAZIARZ: It doesn't
differ all that greatly, Senator. Some of the
nine points that are in the -- and the
5975
16 points that are in the bill of rights are a
little bit different. They've changed, you
know, as -- I think that hearing was almost
three years ago now, Senator.
My one and only visit to Nassau
County, I might add. My one and only visit to
Nassau County was for that hearing. I should
be invited back.
(Laughter.)
SENATOR MAZIARZ: But other than
some changes in the points -- and I think --
actually, I think all of the issues that were
discussed at that hearing are contained within
this bill in some manner, shape or manner.
SENATOR STAVISKY: Thank you,
Madam President.
Thank you, Senator Maziarz.
SENATOR MAZIARZ: Thank you.
SENATOR STAVISKY: On the bill
very briefly.
ACTING PRESIDENT McGEE: Senator
Stavisky, on the bill.
SENATOR STAVISKY: Senator
Maziarz has to come back to Nassau County and,
in fact, Queens County to visit some of the
5976
assisted-living facilities.
As Senator Sabini described his
mother and her experience in the
assisted-living facility, I have a cousin,
first cousins who reside in one in Senator
Leibell's district. And they have -- every
time I call, they tell me the problems with
assisted living. And I'm delighted to see
that many of the issues that they have
described will be addressed in this
legislation.
I commend Senator Maziarz, Senator
Golden, and all of the cosponsors for making
life just a little bit better for people who
are often the most vulnerable in our society.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I have one question for the sponsor
if he will yield.
ACTING PRESIDENT McGEE: Senator
Maziarz, will you yield?
SENATOR MAZIARZ: Surely, Madam
5977
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you. Just a quick question.
Part of this bill requires
licensure even for those who are already
considered as assisted-living facilities. How
much time does the bill allow for those
existing to come into compliance?
SENATOR MAZIARZ: I'm sorry,
Senator, you asked how much time is required?
SENATOR HASSELL-THOMPSON: If
passed, this bill will be enacted in 120 days.
How much time do those assisted-living
facilities that already exist and call
themselves assisted living have to come into
compliance?
SENATOR MAZIARZ: I believe,
Senator, that the answer -- I'm not exactly
sure, but I believe, Senator, that the answer
is within 90 days. But I can get you that
direct information.
SENATOR HASSELL-THOMPSON: They
have 90 days to come into compliance?
5978
SENATOR MAZIARZ: Oh, to come
into compliance. I'm sorry, I thought you
meant apply for the license.
SENATOR HASSELL-THOMPSON: No,
no, no --
SENATOR MAZIARZ: Oh, no, I'm
sure they have more time than that to come
into compliance.
SENATOR HASSELL-THOMPSON: But
you're not sure about the time frame? I
couldn't find it in the ten minutes since I've
had the bill.
SENATOR MAZIARZ: There are
financial incentives contained in the bill for
them to do that, though.
SENATOR HASSELL-THOMPSON: Okay,
good. That was my next question, Madam
President. Okay. Thank you --
SENATOR MAZIARZ: I'm
clairvoyant. I anticipated what your next
question was going to be.
SENATOR HASSELL-THOMPSON: I'm
glad. You usually do. You usually do.
Madam President, just quickly on
the bill.
5979
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson, I'm so sorry.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. On the bill.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON:
Senator Maziarz, to you and to the variety of
cosponsors of this bill, I think the only
thing that saddens me is that I do not see any
names of any Democrats as cosponsors,
including myself, as someone who has worked
within her own local community over the last
several years to ensure that we have the
creation of assisted living. And we have been
awarded because of the numbers of facilities
that we have created on behalf of seniors,
including assisted-living units.
It says that when we do things like
this, that we have come a long way in the
Legislature in terms of how we understand the
needs of the elderly. And it is a bill to
surely be commended. And all of you who have
participated in making this happen should each
be commended as well.
5980
Madam President, I will be voting
yes, obviously, on this bill. And thank you
for your cooperation.
SENATOR MAZIARZ: You're welcome,
Senator.
ACTING PRESIDENT McGEE: Senator
Golden, to close.
SENATOR GOLDEN: Thank you, Madam
Acting President.
I rise to -- one person that, if
you ever get through the -- many of the people
in the stage here don't understand the
frustration it is to passing a bill and how
long it takes. And sometimes they just don't
get passed. And we've seen the 11th hour last
year, and this bill didn't happen. We've seen
the 11th hour the year before, and this bill
didn't happen. And today, in the 11th hour,
this bill did happen.
And when I tell you in the 11th
hour, it's that staffs of all of the people
that we just spoke of -- Senator Maziarz and
the Department of H., the Health Committee,
they worked throughout the evening, along with
the Assembly. And I want to thank my -- our
5981
counterpart Assemblyman Englebright.
But the one person that was there
through all of this frustration in each of
these years and seen the aggravation and seen
the time that was put into this and to see no
real result, and then here today to see a real
positive result worked out with all the
Assembly and the Governor, the Senate, and
real positive change for the entire city and
for the state for all of our seniors,
3 million seniors across this great state,
ladies and gentlemen, Caron Crummey. She
deserves a round of applause from everybody in
this for the work that she's been able to do.
Thank you. Thank you.
(Applause.)
SENATOR GOLDEN: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5982
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Onorato.
SENATOR ONORATO: Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 1958.
ACTING PRESIDENT McGEE: Without
objection.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can you recognize Senator Gonzalez.
ACTING PRESIDENT McGEE: Senator
Gonzalez.
SENATOR GONZALEZ: Madam
President, there will be an immediate meeting
of the Minority Conference in Room 314.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Minority
Conference in Room 314.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, the Senate will stand at ease until
1:45 p.m.
ACTING PRESIDENT McGEE: The
5983
Senate will stand at ease until 1:45 p.m.
(Whereupon, the Senate stood at
ease at 1:16 p.m.)
(Whereupon, the Senate reconvened
at 2:10 p.m.)
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
SENATOR MARCELLINO: If we could
now take up Calendar Number 1957.
ACTING PRESIDENT McGEE: 1957.
The Secretary will read.
Just one moment, Senator. Can we
have some quiet here, please.
The Secretary will read.
THE SECRETARY: Calendar Number
1957, by Senator Bruno, Senate Print 7745, an
act authorizing the School District of the
City of Rensselaer.
5984
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, is there a message at the desk?
ACTING PRESIDENT McGEE: Yes,
there is a message at the desk.
SENATOR MARCELLINO: Move to
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All those in favor of accepting the message
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
message is accepted.
Senator Marcellino.
SENATOR MARCELLINO: Move the
bill now.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
5985
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can we stand at ease pending the
report of the Rules Committee, which should be
back momentarily.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 2:12 p.m.)
(Whereupon, the Senate reconvened
at 2:17 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. If we could have
it read at this time.
ACTING PRESIDENT McGEE: The
5986
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 5805, by Senator
Stachowski, an act to amend the Local Finance
Law;
7750, by the Senate Committee on
Rules, an act to amend the Military Law;
And Senate Print 7752, by the
Senate Committee on Rules, an act to amend the
Public Lands Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the Rules Committee report
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
5987
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Senate Calendar Number
65B, noncontroversial.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1961, by Senator Stachowski, Senate Print
5805, an act to amend the Local Finance Law,
in relation to financing.
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: In relation to
Calendar Number 1962, Senator Bruno moves to
discharge, from the Committee on Rules,
5988
Assembly Bill Number 11817 and substitute it
for the identical Senate Bill Number 7750,
Third Reading Calendar 1962.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1962, by the Assembly Committee on Rules,
Assembly Print Number 11817, an act to amend
the Military Law and the New York State Urban
Development Corporation Act.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity
at the desk. All those in favor will signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
5989
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
The Secretary will 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.
THE SECRETARY: Calendar Number
1963, by the Senate Committee on Rules, Senate
Print Number 7752, an act to amend the Public
Lands Law, in relation to state aid.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk.
SENATOR SKELOS: Move that we
5990
accept the message.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity
at the desk. All those in favor will signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
message is accepted.
There is a local fiscal impact note
at the desk.
The Secretary will 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 Bruno.
SENATOR BRUNO: Madam President,
5991
I believe that there are three resolutions at
the desk. I would ask that the titles be read
and move for their immediate adoption.
ACTING PRESIDENT McGEE: Motions
and resolutions.
The Secretary will read.
THE SECRETARY: By Senators
Marchi and Maltese, Legislative Resolution
Number 6029, mourning the death of Florence R.
Master, distinguished citizen and devoted
member of her community.
By Senator Maltese, Legislative
Resolution Number 6030, congratulating Mr. and
Mrs. Roland Cadicamo upon the occasion of
their 50th wedding anniversary.
And by Senator Kuhl, Legislative
Resolution Number 6031, congratulating Mr. and
Mrs. James Burton upon the occasion of their
50th wedding anniversary.
ACTING PRESIDENT McGEE: All in
favor of the resolutions will signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
5992
(No response.)
ACTING PRESIDENT McGEE: The
resolutions are adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time recognize the very
distinguished Senator David Paterson.
ACTING PRESIDENT McGEE: Senator
Paterson.
(Applause.)
SENATOR PATERSON: Thank you. I
wish they felt over here the way they seem to
feel over there today.
(Laughter.)
SENATOR PATERSON: I want to
thank all of you, be you colleagues of mine or
staff members, observers, for assisting us
with your effort this year. Even when we've
had different points of view as to how to
solve our problems, that we've tried to work
together.
And I'm well aware that we set a
record for the latest budget this year, but we
also set some records in terms of effort
that's been waged on both sides of the aisle.
5993
And I particularly want to thank
Senator Bruno, who is an outstanding leader of
this Senate. Who sometimes I wish he wasn't
such an outstanding leader, because then I
would see more ways to try to be effective.
But that doesn't seem to be working.
It reminds me of W.C. Fields, who
was a noted atheist. In the last days of his
life, he was in a sanitarium, and he was seen
reading the Bible. And they asked him why was
he reading the Bible, since he'd been an
atheist, and he said "Looking for loopholes."
(Laughter.)
SENATOR PATERSON: So I'm looking
for loopholes with Senator Bruno's leadership,
but I haven't found any. But it's not like
I'm not trying. And I get the feeling he's
figured that out too.
But that is really the great thing
about this institution, that in spite of the
fact that we differ in ideology, we differ in
approach, and we are competitive with each
other biannually for the opportunity to come
here and respect the citizens of the State of
New York -- but really, that's why we have men
5994
and women overseas right now fighting for the
preservation of that opportunity. And the
fact that in spite of those hard-fought
campaigns, that we come here and we work
together as cordially as we can, is what makes
me still very proud to be a part of this
institution.
2004 is going to be an American
moment of decision. This is our quadrennial
referendum on leadership and presumably
policy. And this time I think we're going to
find out after December 11th whether America
stands for war or stands for peace, stands for
preemption or stands for protection. And
hopefully that we won't let chaos abroad in
any way allow for neglect of some of the
issues at home.
And right here in this state, we'll
debate policy. But we'll do it with the
understanding that when we come back here next
year that hopefully we'll work as hard and as
cooperatively as we have in what has been my
great flattering moment to lead this
conference for the last two years.
So to my deputy Eric Schneiderman,
5995
and our ranker on Finance, Neil Breslin, and
all the members of my conference and the staff
who help us, I want to thank you. And really
I want to thank the staff for the Majority and
the members for your cooperation as well.
So I hope everybody has a good rest
of the summer, if there is any summer left.
And we'll see you next year, or maybe before,
but that's at the call of the leader. And
right now, that's his call.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you, Madam
President.
And thank you, Senator Paterson.
Thanks for your kind remarks. You're always
gracious and really committed, dedicated. And
we all on this side of the aisle enjoy our
relationship and want to continue it.
And we'll do our best, going into
November, to see that that happens.
(Laughter.)
SENATOR BRUNO: But having said
that, we are here concluding what some press
5996
people like to refer to as something chaotic
and dysfunctional. But you know, we can all
leave here proud. We can be proud, proud of
how we have related to our constituency and
how we relate to the people of this state.
We're concluding a budget. The
budget is late. The process is flawed. But
we fixed the process in budget reform, and
we've done that together. And we did a
constitutional resolution that will get before
the people. And that becoming law, we will no
longer have late budgets as such. So that is
big, and that is huge.
We have a budget that is over
$100 billion, $101 billion. And in it, you
have all been there in support of so many good
things on behalf of the people of this state.
And I don't want to go on in any expansive
way; we've all worked hard for a lot of hours
and a lot of weeks.
But education, we set records. We
did a CFE plan that approaches $10 billion,
and I'm still hopeful that we can resolve,
three ways, a plan that we can submit to the
courts within the next couple of months.
5997
But whether we do or not, we have
related to the needs of our young people.
We've restored TAP in this budget for higher
education and restored funds for higher
education, recognizing that educating our
young people is a top priority in this
Legislature. And for good reasons: they are
our present and they are our future.
We have done a great litany of
things. I literally have three pages' worth.
And if anybody would like to have me read
them, I'd like to. But I don't think that you
will all be terribly upset if I kind of skip
through them. You know what we've done.
And we have done critical and
necessary things on behalf of the constituents
here in this state. And we're going to
continue to govern. As we leave here, we'll
go out and do what it is that we have to do to
relate to our constituency. And we are in the
middle of August, and we have an event here at
the end of August. And November will be, as
Senator Paterson indicates, a very remarkable
time for the people in this state and in this
country.
5998
And we here, as we act, we make
history. We make history. We pass the laws.
We do all the enabling things, and while we
debate. And we debate in a very aggressive,
sometimes confrontational way but always, I
believe, productive, towards an end, making
policy points.
So we appreciate that. And I want
to say thank you. I want to say thank you for
you on the left side here -- and I mean on my
left. And excluding a few of the members here
that are on the right --
(Laughter.)
SENATOR BRUNO: -- and say thank
you. Thank you. And thanks to my conference,
who are stand-up and ready to do the right
things.
And, you know, there's always some
bittersweet as you're concluding any important
event. And Senator Randy Kuhl, who's with us
since '86, is going on to greater glory in his
life and will not be in a formal session.
In fact, he and Senator Seymour
Lachman, who is also going on to do some great
things, will not be back with us. And I
5999
compliment them on getting an early start.
(Laughter.)
SENATOR BRUNO: It shortens what
I have to say by ten minutes.
But I want to say thank you to my
deputy, Senator Skelos, who is on the floor
here diligently doing all the work that has to
be done. And I thank you very much for that,
Dean.
And the other leaders that are
here: Senator Spano, who is our deputy; and
Senator Libous, who relates to programs; our
chair of our conference, Senator LaValle. And
so many leaders are with -- Senator Farley.
And I look around, and I can mention each and
every one of you and say thank you.
And, you know, all of us do our
thing because we have support, we have support
here in the conference. And Senator Padavan,
who has got a great title -- he is vice --
vice to the president. I believe he's vice
chair. And I want to thank Senator Padavan
too for all the good, hard work that he does.
But I want to thank our staff, our
assistants. I know that you on that side, you
6000
can't function as well as you do. And we
couldn't function, any of us, without the
diligence, the hard work. And literally there
are hundreds of people that support us in
everything that we do.
And when I think back over these
last weeks, with people working literally
24/7, taking two hours at a time break and
being back at it, it's overwhelming. So I
wanted to say thank you.
To Mary Louise Mallick, our budget
director, and Ken Riddett, who handles all of
the legislation. And that's a difficult thing
to do. He and Mary Louise, with the people
that are here who support them in their
efforts, and truly day and night.
John McArdle, our director of
communications. Marcia White, my press
secretary, who keeps trying to make me look
good. And, Marcia, you've just got to do
better.
(Laughter.)
SENATOR BRUNO: But I do thank
you for your efforts. I know it's a tough
lift. And really, I can go down -- Pat
6001
Stackrow, my exec assistant. And Amy Leitch,
who is outside as the executive assistant,
assisted by Maria.
And when you start mentioning
names, you leave out people. So for all of
the people that I have left out, if when I sit
down in a minute I've left them out, I
apologize. But I say thank you.
Thank you to all that are here,
thank you to all that are listening. Because
truly, we could not function without the
support that we get. We just couldn't. And I
know that, and I know you know that. So thank
you. And that's why they get the big bucks,
because they work so hard.
And I'm happy that we're able to
conclude in a pleasant note, because I think
life with our families gets a little more
normal in terms of groceries and things that
relate to families as of today. So I thank
you for the cooperation and all of you that
are here in helping us get there.
Now, we're concluding. And when we
come back will really depend on life as it
goes. And it's pretty hard to anticipate,
6002
because we are all elected to govern. And
we're elected not for a day or a week, not for
eight hours a day or five days, we're elected
24/7. And if we have to get back here for
whatever we have to get back here for, I will
appreciate your responses.
Our present plan is not to come
back until after November. We'd like to come
back sometime before Thanksgiving and do
whatever it is that we have to do in terms of
organization and planning and any truly
cleanup -- housekeeping, Madam President --
that we have to do.
So I want you to all be safe, as we
go through our journeys back to our districts,
and be diligent. And I would ask the members
on this side of the aisle to work harder than
members on that side of the aisle.
(Laughter.)
SENATOR BRUNO: And all of us
will get rejoined here as the need dictates,
and we'll go on to govern and do these things.
And I want to say thank you to
Governor Pataki. The Governor is a great
leader. He has done all the things that he
6003
thinks are important in terms of leading this
state with the courage that it takes to lead a
state like New York, which is a very difficult
state to lead and to govern.
And my partner over in the
Assembly, Speaker Silver, who has a very
difficult task, I have to respect him having
to manage 103 other members. I can't relate
to that. I wish I could, but I can't. It's
too many people to have to relate to. I have
a lot of fun relating to those that we relate
to here.
Now, Billy, you think I'm just
going on? And I am, because I'm trying to
think of what I forgot to say.
But I'm going to conclude by saying
thank you all. And really have a safe passage
from now until we get back together. And God
bless you all. Thank you.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you very
much.
We have, Madam President, Tommy
6004
Testo, and his group's up there, and Bill, our
Sergeant-at-Arms, is here, and I want to also
thank them. Steve Boggess is our Secretary to
Senate, for the Senate, and I want to thank
them and, again, all of those -- Jack, that's
up there, being so diligent -- and thank
everybody else that contributes to the
process.
And, Madam President, there being
no further business to come before the Senate,
I would move that we stand adjourned, subject
to the call of the Majority Leader, with
intervening days to be legislative days.
Thank you.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned, subject
to the call of the Majority Leader,
intervening days being legislative days.
(Whereupon, at 2:37 p.m., the
Senate adjourned.)