Regular Session - April 19, 2005
2148
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 April 19, 2005
11 3:04 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon to give the invocation is Reverend
11 Dr. George Miller, III, president of Davis
12 College in Johnson City, New York.
13 REVEREND DR. MILLER: Thank you,
14 Lieutenant Governor. It's a privilege to give
15 this prayer.
16 Let us pray.
17 What a great thought that the
18 awesome Creator God of the universe allows us
19 to come before Him and call Him Father. May
20 we each sense Your love today for us as
21 individuals, and may we completely trust You.
22 God, the leaders before me today I
23 thank You for, because they are gifts from
24 You. I thank You for their willingness to
25 serve the people of the State of New York.
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1 These men and women are stewards of
2 Your purposes and resources and human lives
3 and history. You have chosen them for action,
4 action that can make a great and beautiful
5 difference in the lives of every individual in
6 the State of New York.
7 May they each realize that they
8 cannot lead alone but that they need each
9 other and, most important, that they need a
10 God who gives to them wisdom, guidance,
11 courage.
12 God, You have said that if any of
13 us lacks wisdom, let us ask of God who gives
14 generously to all. I pray that the precious
15 gift of wisdom be granted to these leaders to
16 be able to apply relevant values to the
17 decisions before them.
18 May Your spirit inform and
19 encourage them. May they receive wisdom to
20 chart correct courses to all their goals.
21 Help them to be guided by truth.
22 In all our differences, give them
23 shared reality and an accurate view of every
24 issue in a way that will lead to consensus.
25 Lead this body of men and women to the
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1 decisions that will lead to greatness.
2 God, accept our thanks today for
3 allowing us to live in such a great country,
4 the United States of America. We thank You
5 for the freedoms that we enjoy every day. May
6 we never take them for granted.
7 In this great land we are in, we
8 realize that we are experiencing some
9 disappointments and confusions and fears. You
10 are the God of hope; give us all hope. Guide
11 our president, his cabinet, and these elected
12 officials before me today. Protect our troops
13 around the world, especially in Iraq, those
14 defending our freedom around this world.
15 In conclusion, Lord, I ask that, as
16 the Apostle Paul tells us to do good to
17 everyone at every opportunity, may we each
18 obey that command, realizing that that command
19 alone would be a powerful step toward peace
20 and prosperity.
21 I pray these things in the name of
22 our great God and Savior Jesus Christ. Amen.
23 THE PRESIDENT: Reading of the
24 Journal.
25 THE SECRETARY: In Senate,
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1 Monday, April 18, the Senate met pursuant to
2 adjournment. The Journal of Sunday, April 17,
3 was read and approved. On motion, Senate
4 adjourned.
5 THE PRESIDENT: Without
6 objection, the Journal stands approved as
7 read.
8 Presentation of petitions.
9 Messages from the Assembly.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 I believe there are two substitutions to be
19 made at this time.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: On page 10,
23 Senator Nozzolio moves to discharge, from the
24 Committee on Codes, Assembly Bill Number 605
25 and substitute it for the identical Senate
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1 Bill Number 1268, Third Reading Calendar 154.
2 And on page 15, Senator Robach
3 moves to discharge, from the Committee on
4 Veterans, Homeland Security and Military
5 Affairs, Assembly Bill Number 6356 and
6 substitute it for the identical Senate Bill
7 Number 1611, Third Reading Calendar 295.
8 THE PRESIDENT: Substitutions
9 ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 there's a resolution at the desk, Number 1529,
13 by Senators Meier and Nozzolio. Could we have
14 the title read and move for its immediate
15 adoption.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: By Senators Meier
19 and Nozzolio, Legislative Resolution Number
20 1529, calling upon the United States
21 Department of the Interior to reject the
22 application by the Oneida Indian Nation of
23 New York to place lands in trust and to reject
24 the application by the Cayuga Indian Nation of
25 New York to place their real estate holdings
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1 in trust or declared "restricted fee."
2 THE PRESIDENT: Senator Meier.
3 SENATOR MEIER: Thank you, Madam
4 President.
5 Some three weeks ago the United
6 States Supreme Court handed down a decision,
7 by a vote of 8 to 1, authored by Justice Ruth
8 Bader Ginsburg. This was in a litigation
9 between the City of Sherrill and the Oneida
10 Indian Nation of New York.
11 The Oneida Indian Nation has for a
12 number of years within the Central New York
13 area carried on a practice of purchasing land
14 and then unilaterally declaring the land to be
15 sovereign Indian land, refusing to pay
16 property taxes, refusing to collect taxes on
17 their commercial transactions that they
18 conduct on that land, refusing to respect
19 local building, zoning and fire codes,
20 creating disputes over who has lawful police
21 power over that territory.
22 And to make a long story short, the
23 United States Supreme Court, simply put, said
24 that an Indian nation having long ago
25 relinquished the reins of government cannot,
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1 after the passage of decades -- in this case,
2 some 200 years -- unilaterally reestablish
3 sovereignty.
4 Just within the last few days, the
5 Oneida Indian Nation of New York, having lost
6 in the highest court of the land, has brought
7 an application before the Secretary of the
8 Interior to have 17,000 acres placed in trust
9 with the Department of the Interior Bureau of
10 Indian Affairs, which would have the effect,
11 by administrative action, of accomplishing
12 that which the United States Supreme Court
13 said was unworkable, unjust, and impossible.
14 Those are Justice Ginsburg's words.
15 What it created, really, that the
16 Supreme Court -- what they seek to create,
17 what the Supreme Court sought to avoid, is
18 literally a patchwork, a checkerboard, if you
19 will, of jurisdiction where one has a hard
20 time figuring out from one parcel of land to
21 the next who has the authority to tax, to
22 regulate building, to regulate commerce, to
23 regulate environmental concerns, you name it.
24 The argument of the Oneidas has
25 been followed by at least one other tribe in
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1 the country.
2 I hasten to add the Supreme Court
3 did not extinguish, nor does this resolution
4 attempt to extinguish, any lawful land claim
5 that people might have resulting from ancient
6 wrongs. But what it does do is attempt to
7 make sure that we don't compound one wrong
8 with yet another and another and another, by
9 reversing the clear intent of the United
10 States Supreme Court by administrative action.
11 This has come on rather quickly,
12 and the federal law under which it is brought
13 provides for a very narrow window of public
14 comment.
15 This is a clear indication on the
16 part of this body that what the United States
17 Supreme Court has decided, after careful
18 deliberation, should not be disposed of,
19 disregarded, in effect overturned by a hastily
20 drawn application filed in front of a federal
21 administrative agency.
22 There is certainly an agreement to
23 be reached here between the State of New York,
24 its political subdivisions, and the Indian
25 nations, but it should not be done
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1 unilaterally by the actions of federal
2 bureaucrats reacting within a narrow time
3 frame set forth in federal law.
4 Thank you, Madam President.
5 THE PRESIDENT: Senator Nozzolio.
6 SENATOR NOZZOLIO: Thank you,
7 Madam President. On the resolution.
8 I rise to join my colleague Senator
9 Meier in asking this body to enact this
10 resolution to send a very clear signal to
11 Washington that New York State and the
12 New York State Senate does not approve of
13 back-door sovereignty. That a bureaucrat to
14 make a decision, in most cases behind closed
15 doors, without the understanding of the
16 extreme circumstances that exist -- we're
17 talking about a very real life problem that
18 affects literally tens of thousands of
19 property owners in Central and Western
20 New York.
21 The application of the Oneidas has
22 seen the additional application of the Cayuga
23 Indian Nation to place their real estate
24 holdings in trust and ask the federal
25 government for the same consideration that is
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1 being asked in the Oneida case. The Cayuga
2 Indians are suing for approximately 64,000
3 acres, impacting over 7,000 property owners in
4 the central Finger Lakes.
5 The court, in Sherrill, clearly
6 indicated the doctrines which the Cayuga
7 Indians have been basing their case where,
8 after rejecting and leaving and abandoning the
9 property here in New York, after 200 years
10 coming back and claiming this is now sovereign
11 land of the Cayugas.
12 This type of application is one
13 that should be knotted out, at the very least,
14 in the court system and in the Legislature,
15 not in the bureaucracy.
16 It impacts so many people. Imagine
17 your home today, and your neighborhood, all of
18 a sudden being part of an Indian reservation.
19 Or, in focus, putting a patchwork
20 of sovereignty across the land that had always
21 been -- or at least since the nation was
22 founded -- New York State and the United
23 States of America. Lands that would no longer
24 be subject to the zoning codes, the
25 environmental regulations, the taxation
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1 questions that every other property in this
2 state is to be considered and every other
3 property of the state must comply with.
4 Back-door sovereignty is not the
5 appropriate process. That this attempt
6 disregards what the United States Supreme
7 Court just ruled in the City of Sherrill. The
8 collection of taxes from the Indian properties
9 is fair, and it establishes a level playing
10 field for all businesses. And we will
11 continue to fight for that.
12 This resolution asks for the
13 process to be opened, asks for our federal
14 representatives, particularly our United
15 States senators, to join us in opposing any
16 efforts that seek to plant a tax-free
17 reservation for the Cayuga Indian Nation. And
18 that on that score, we're foursquare in
19 support of all local officials in the region.
20 I appreciate this body considering
21 this resolution. I thank Senator Meier for
22 his role in its development. And I urge its
23 passage.
24 Thank you, Madam President.
25 THE PRESIDENT: The question is
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1 on the resolution. All in favor please
2 signify by saying aye.
3 (Response of "Aye.")
4 THE PRESIDENT: Opposed, nay.
5 (Response of "Nay.")
6 THE PRESIDENT: The resolution is
7 adopted.
8 Senator Skelos.
9 SENATOR SKELOS: Madam President,
10 if we could go to the noncontroversial reading
11 of the calendar.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 354, by Senator Golden, Senate Print 3374, an
16 act to amend the Penal Law, in relation to
17 concurrent and consecutive terms.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 51. Nays,
25 1. Senator Montgomery recorded in the
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1 negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 355, by Senator Robach, Senate Print 3418, an
6 act to amend the Criminal Procedure Law and
7 the Vehicle and Traffic Law, in relation to
8 aggravated unlicensed operation.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 6. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 52.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 356, by Senator Libous, Senate Print 3420, an
20 act to amend the Penal Law, in relation to
21 vehicular assault.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 52.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 358, by Senator Trunzo, Senate Print 423, an
8 act to amend the Vehicle and Traffic Law, in
9 relation to speeding.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51. Nays,
17 1. Senator Duane recorded in the negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 360, by Senator Trunzo, Senate Print 852, an
22 act to amend the Vehicle and Traffic Law, in
23 relation to aggressive driving.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the 180th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 53.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 366, by Senator Spano, Senate Print 3416, an
10 act to amend the Vehicle and Traffic Law, in
11 relation to mandatory revocation.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 53.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 367, by Senator Marcellino, Senate Print 3419,
23 an act to amend the Vehicle and Traffic Law,
24 in relation to suspended licenses.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 487, by Senator Saland, Senate Print 461, an
11 act to grant Linda LaPierre retroactive
12 membership.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 54.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 490, by Senator Seward, Senate Print 2466, an
24 act authorizing the Village of Dryden to
25 reinstate.
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1 THE PRESIDENT: There is a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 491, by Senator Robach, Senate Print 3676, an
13 act to amend the Retirement and Social
14 Security Law and the General Municipal Law, in
15 relation to extending.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 491 are
24 Senators Bonacic, Hassell-Thompson and Little.
25 Ayes, 53. Nays, 3.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 494, by Senator Volker, Senate Print 989, an
5 act to amend the Tax Law, in relation to
6 authorizing the County of Wyoming.
7 THE PRESIDENT: There is a local
8 fiscal impact note at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Senator Breslin,
15 to explain your vote.
16 SENATOR BRESLIN: Thank you,
17 Madam President.
18 I stand and I applaud Senator
19 Volker for listening to the wishes of Wyoming
20 County to find new ways of revenue to support
21 the ever-mounting cost of things like
22 Medicaid.
23 I also have a bill for Albany
24 County that's similar in nature. And the
25 testy -- the sometimes testy Albany county
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1 executive is really looking forward to the
2 hopes that it might pass later in the session.
3 And I vote yes on this. Thank you.
4 THE PRESIDENT: You will be
5 recorded, Senator Breslin, as voting in the
6 affirmative.
7 The Secretary will announce the
8 results.
9 THE SECRETARY: Ayes, 55. Nays,
10 1. Senator Valesky recorded in the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 495, by Senator Golden, Senate Print 1470, an
15 act to amend Chapter 929 of the Laws of 1986.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 524, by Senator Meier, Senate Print 2441, an
2 act to amend the Real Property Tax Law, in
3 relation to providing a tax exception.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of January.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: Senator Breslin,
11 to explain your vote.
12 SENATOR BRESLIN: Thank you,
13 Madam President.
14 Again I rise, to applaud Senator
15 Meier for sponsoring this legislation. I have
16 virtually identical legislation for Albany
17 County which hopefully will be heard later
18 this session.
19 Volunteer firefighters are such an
20 important part of the fabric of our
21 communities, and they save literally billions
22 of dollars. But they're declining in numbers,
23 and we have to provide incentives for them.
24 And this is a very good real
25 property tax incentive. And I vote yes.
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1 THE PRESIDENT: You will be so
2 recorded as voting in the affirmative,
3 Senator.
4 The Secretary will announce the
5 results.
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 577, by Senator Meier, Senate Print 4583, an
11 act to amend Chapter 58 of the Laws of 2005
12 amending the Public Health Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 578, by Senator Marcellino, Senate Print
24 4584 --
25 THE PRESIDENT: The Secretary
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1 will continue to read.
2 THE SECRETARY: -- an act to
3 amend the Vehicle and Traffic Law, in relation
4 to increasing penalties.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 November.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE PRESIDENT: Senator
13 Marcellino, to explain your vote.
14 SENATOR MARCELLINO: Thank you,
15 Madam President.
16 Today we are passing at this point
17 a bill that is going to pass the Assembly and
18 will be signed by the Governor into law.
19 This bill will eliminate a loophole
20 in the law that actually encourages drivers
21 who are driving drunk and incur an accident,
22 severely injuring or killing another
23 individual, from leaving the scene of the
24 crime.
25 Right now it's in their best
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1 interests to leave the scene and come back
2 later. This bill closes that incentive and
3 makes it even-steven and raises the penalties
4 for leaving the scene and not taking care of
5 that injured party.
6 There would be people around today
7 if someone -- if these people would stop, take
8 care of the injured party and deal with the
9 legal ramifications afterward. But because of
10 the current law's weakness, they don't. This
11 bill fixes that. Hopefully it will discourage
12 them from leaving the scene, save lives, and
13 make our roadways safer for everyone.
14 I thank all my colleagues who voted
15 for this piece of legislation, and I thank the
16 members of the other house and Assemblyman
17 Weisenberg for carrying the bill in the other
18 house and passing that too.
19 Thank you.
20 THE PRESIDENT: You will be so
21 recorded as voting in the affirmative,
22 Senator.
23 Senator Golden, to explain your
24 vote.
25 SENATOR GOLDEN: To explain my
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1 vote, Madam President.
2 The bill that came out today that's
3 being passed here today by Senator Marcellino
4 and this conference sends a message across
5 this state that it's long overdue that we take
6 serious action against those that are
7 committing crimes here in this great state.
8 We had a couple up here today from
9 Brooklyn, New York. Their names are the
10 Papandreas family. Two years ago -- I'm
11 sorry, three years ago, in 2002, at Christmas
12 season, walking across the street, a
13 hit-and-run driver comes, kills this man at
14 10 o'clock in the morning, and leaves the
15 scene. He returns to the scene, drives past
16 it, never gets arrested.
17 A month later, the police
18 department becomes informed and they arrest
19 this man. And he serves four months in prison
20 for killing that individual -- known to the
21 police department for his speed, his reckless
22 endangerment, his reckless handling of a
23 vehicle, numerous summonses.
24 And today, this is a good sign by
25 getting that bill passed, so we don't have to
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1 see families across this state suffer like the
2 Papandreas family suffered or Amy Plantz
3 suffered from Albany County here.
4 There are 1,500 people killed in
5 traffic accidents a year -- 1,500 people. If
6 we could take those reckless drivers and those
7 that drive while intox and those that drive
8 under the influence of drugs, if we could take
9 them off the street and save hundreds of lives
10 a year and prevent these tragedies from
11 happening to these families -- so we have to
12 take this serious.
13 And hopefully we will get more of
14 these bills passed in this conference and in
15 the Assembly so that we can send a message and
16 take this seriously.
17 We took homicide seriously.
18 Twenty-four hundred homicides were committed
19 in this state in 1993. We got serious in the
20 City of New York and the State of New York,
21 and we changed the entire makeup of the city
22 and state in how we deal with crime.
23 We have to do the same thing today
24 with this dangerous driving that's going on
25 around the state. Make a difference. Make an
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1 impact.
2 And I commend you, Senator
3 Marcellino, and all of my colleagues on this
4 bill today. And I vote yes.
5 Thank you.
6 THE PRESIDENT: You will be so
7 recorded as voting in the affirmative,
8 Senator.
9 The Secretary will announce the
10 results.
11 THE SECRETARY: Ayes, 59.
12 THE PRESIDENT: The bill is
13 passed.
14 Senator Skelos, that completes the
15 reading of the calendar.
16 SENATOR SKELOS: Madam President,
17 if we could go back to motions and resolutions
18 and adopt the Resolution Calendar, with the
19 exception of Resolutions 1477 and 1528.
20 THE PRESIDENT: All in favor of
21 so adopting the Resolution Calendar please
22 signify by saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: Opposed, nay.
25 (No response.)
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1 THE PRESIDENT: The calendar is
2 so adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 if we could take up Resolution 1477, by
6 Senator Alesi, have the title read, move for
7 its immediate adoption, and open it up for
8 sponsorship.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator Alesi,
12 Legislative Resolution Number 1477,
13 memorializing Governor George E. Pataki to
14 proclaim April 25-30, 2005, as Small Business
15 Week in the State of New York.
16 THE PRESIDENT: All in favor of
17 the resolution please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution is
22 adopted.
23 Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 if we could take up Resolution 1528, by
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1 Senator Alesi, have the title read, move for
2 its immediate adoption, and open it up for
3 cosponsorship.
4 THE PRESIDENT: The Secretary
5 will read.
6 THE SECRETARY: By Senator Alesi,
7 Legislative Resolution Number 1528,
8 memorializing Governor George E. Pataki to
9 proclaim April 18, 2005, as Healthy and High
10 Performance Schools Day in New York State, and
11 to proclaim the week of week of April 18-22,
12 2005, as School Buildings Week in the State of
13 New York.
14 THE PRESIDENT: All in favor of
15 the resolution please signify by saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The resolution is
20 adopted.
21 And any member who does not wish to
22 cosponsor the last two resolutions, please
23 notify the desk.
24 Senator Skelos.
25 SENATOR SKELOS: Is there any
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1 housekeeping at the desk?
2 THE PRESIDENT: Yes, there is,
3 Senator.
4 Senator Schneiderman.
5 SENATOR SCHNEIDERMAN: Yes, Madam
6 President. On behalf of Senator Oppenheimer,
7 I would move that the following bills be
8 discharged from their respective committees
9 and be recommitted with instructions to strike
10 the enacting clause: Senate Bill Number 3067.
11 THE PRESIDENT: So ordered.
12 SENATOR SCHNEIDERMAN: Thank you.
13 THE PRESIDENT: You're welcome.
14 Senator Skelos.
15 SENATOR SKELOS: Please recognize
16 Senator Klein.
17 THE PRESIDENT: Senator Klein.
18 SENATOR KLEIN: Madam President,
19 I have a motion at the desk and would like to
20 have it called up at this time and the
21 opportunity to speak on the said motion.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: Senate Print
25 2809, by Senator Klein, an act to amend the
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1 Elder Law.
2 THE PRESIDENT: Senator Klein.
3 SENATOR KLEIN: Thank you, Madam
4 President.
5 This motion would increase the
6 eligibility levels in the EPIC program.
7 Everyone knows that the EPIC program is a
8 wonderful opportunity for senior citizens to
9 save an awful lot of money on their
10 prescription drugs. Most seniors have the
11 ability to save 80 percent of their
12 prescription drug costs.
13 In the past, the problem with the
14 program was that the income eligibility was
15 very, very low. We used to have it at
16 $16,500. And several years ago we raised the
17 individual level to $35,000 and $50,000 for a
18 married couple.
19 My amendment would raise the
20 maximum income level for a single individual
21 to $50,000, and for a married couple to
22 $75,000.
23 This is extremely important,
24 because while the EPIC program is enjoyed by
25 many, I still believe that even people with
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1 that type of income level still have a very
2 large out-of-pocket expense when it comes to
3 prescription drugs.
4 The analysis that my office did
5 shows a tremendous positive impact for my
6 constituents in the Bronx and Westchester. If
7 we raise the income eligibility, over 600 more
8 individuals in Bronx County would be eligible
9 for the EPIC program and over 2,600
10 individuals in Westchester County.
11 So clearly the EPIC program, which
12 is funded by cigarette tax dollars, by our
13 increase in cigarette taxes and through the
14 tobacco settlement, with the legislation that
15 we passed recently and the Attorney General
16 denying access to purchase cigarettes over the
17 Internet through credit cards, I believe this
18 would increase our HCRA fund, increase the tax
19 revenue that we generate through cigarette
20 taxes, and enable us to raise this income
21 level.
22 I urge the passage of this motion.
23 THE PRESIDENT: All those
24 Senators in favor of the petition out of
25 committee please signify by raising your
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1 hands.
2 THE SECRETARY: Those recorded in
3 agreement are Senators Andrews, Breslin,
4 Brown, Dilan, Duane, Gonzalez,
5 Hassell-Thompson, Klein, L. Krueger,
6 C. Kruger, Montgomery, Onorato, Oppenheimer,
7 Parker, Paterson, Sabini, Sampson, Savino,
8 Schneiderman, Serrano, A. Smith, Stachowski,
9 Stavisky and Valesky.
10 THE PRESIDENT: The petition is
11 not agreed to.
12 Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 there being no further business to come before
15 the Senate, I move we stand adjourned until
16 Wednesday, April 20th, at 11:00 a.m.
17 THE PRESIDENT: On motion, the
18 Senate now stands adjourned until Wednesday,
19 April 20th, 11:00 a.m.
20 (Whereupon, at 3:35 p.m., the
21 Senate adjourned.)
22
23
24
25
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