Regular Session - May 24, 2005
2852
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 24, 2005
11 3:13 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
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 stand 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: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Monday, May 23, the Senate met pursuant to
18 adjournment. The Journal of Sunday, May 22,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Bruno.
8 SENATOR BRUNO: Madam President,
9 can we at this time adopt the Resolutions
10 Calendar, with the exception of Resolutions
11 1944 and 2088.
12 THE PRESIDENT: All in favor of
13 so adopting the Resolution Calendar please
14 signify by saying aye.
15 (Response of "Aye.")
16 THE PRESIDENT: Opposed, nay.
17 (No response.)
18 THE PRESIDENT: The Resolution
19 Calendar is so adopted.
20 Senator Bruno.
21 SENATOR BRUNO: Madam President,
22 can we at this time take up a resolution by
23 myself and Senator Morahan, have it read in
24 its entirety, and move for its immediate
25 adoption.
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: By Senators Bruno
4 and Morahan, Legislative Resolution Number
5 1944, memorializing Governor George E. Pataki
6 to proclaim May 24, 2005, as Senate
7 Disabilities Awareness Day in the State of
8 New York.
9 "WHEREAS, The New York State Senate
10 Committee on the Disabled is sponsoring the
11 25th Annual Senate Disabilities Awareness Day
12 in Albany, New York; and
13 "WHEREAS, Members of this
14 Legislative Body have selected residents from
15 their districts who embody the celebrated
16 spirit of perseverance and determination to
17 'achieve through adversity' to be honored as
18 2005 Senate Achievers; and
19 "WHEREAS, In addition, a Technology
20 Fair will be held with exhibitors from across
21 the State displaying their programs; and
22 "WHEREAS, It is the sense of this
23 Legislative Body that persons with
24 disabilities merit our recognition as they
25 realize the goals of inclusion and equality in
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1 our communities and society at large; and
2 "WHEREAS, It is the intent of this
3 Legislative Body to recognize persons with
4 disabilities, accentuating, in turn, the
5 benefit to New York State of their
6 contributions to our economic, educational and
7 social growth; and
8 "WHEREAS, Senate Disabilities
9 Awareness Day so clearly labors for the
10 positive and salutary definition of the
11 communities of the State of New York; and
12 "WHEREAS, Senate Disabilities
13 Awareness Day provides individuals with an
14 opportunity to acknowledge and understand the
15 legislative process; now, therefore, be it
16 "RESOLVED, That this Legislative
17 Body pause in its deliberations to memorialize
18 Governor George E. Pataki to proclaim May 24,
19 2005, as Senate Disabilities Awareness Day in
20 the State of New York, fully confident that
21 such procedure mirrors our shared commitment
22 to the efflorescence of human dignity; and be
23 it further
24 "RESOLVED, That copies of this
25 resolution, suitably engrossed, be transmitted
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1 to the Honorable George E. Pataki, Governor of
2 the State of New York, and selected
3 representatives of persons with disabilities."
4 THE PRESIDENT: Senator Bruno.
5 SENATOR BRUNO: Thank you, Madam
6 President and colleagues.
7 We've heard a resolution that will
8 become part of the records of the work of the
9 Senate and the Legislature. And I want to
10 just say a word about this being the 25th
11 annual Disabilities Awareness Day that we
12 celebrate here in the Senate.
13 And Senator Morahan, who chairs
14 this event and shares all of what is going on
15 here, did a remarkable job today with those
16 that have joined us, some of them here in the
17 chamber.
18 And, Tom, on behalf of the Senate,
19 thank you for your efforts and all the good
20 things that you do in helping coordinate this
21 event today, but throughout the year, dealing
22 with people that are disabled in any way --
23 physically, emotionally or mentally.
24 But, you know, all of us can look
25 to people that have joined us today and truly
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1 be inspired. Because when you look around at
2 people who are here, they are getting an
3 Achiever's Award in this 25th year for doing
4 things with their lives that are beyond what
5 people would feel they were able to do.
6 And it takes special courage, it
7 takes stamina, it takes just pure true grit,
8 many times, to be an achiever when life has
9 not treated people the way they might prefer.
10 But they step up, step out, and really
11 socially enrich us, culturally, educationally,
12 as models for all of us.
13 So, Madam President and colleagues
14 and all of you that are here, those of you
15 that have received awards, families that are
16 here, neighbors that are here -- and my
17 designee, Bernice Maxwell, had to leave on a
18 family matter and is not here with us, but we
19 recognized and honored her here this morning.
20 But I just really want to say to
21 each of you that you are appreciated, you are
22 recognized, you are truly role models for
23 people who see what you do and how you do it.
24 You're an inspiration for all of us.
25 So we thank you for all of your
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1 good works and the good things you do on
2 behalf of all the people here in this state,
3 and God bless you all.
4 THE PRESIDENT: Senator Morahan.
5 SENATOR MORAHAN: Thank you,
6 Madam President.
7 And thank you, Senator Bruno, for
8 those wonderful remarks about those people in
9 New York who are more challenged than some
10 others.
11 All across this state people are
12 challenged, either physically or mentally,
13 somehow to carve out a life of their own, to
14 be an achiever, to make an accomplishment, to
15 contribute to their communities.
16 Today we recognize 26 role models
17 who have the attitude of can-do. Without
18 limbs, in some cases; in wheelchairs, in
19 others; with other sorts of disabilities.
20 They overcame those challenges -- met the
21 challenges, rather, overcame their
22 disabilities, and really are remarkable
23 people.
24 And we paid homage to them today,
25 and we gave them recognition as achievers,
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1 because they now serve as role models for all
2 of the folks around New York State who could
3 use that level of enthusiasm to overcome.
4 I really appreciated the
5 opportunity to chair the event today in The
6 Well of the LOB, to meet the heroes, in my
7 book, from around the state, to meet those who
8 I wonder what I could have done in the same
9 condition -- would I have had the will, would
10 I have had the attitude, would I have had the
11 determination to succeed as they did. And not
12 only to succeed in their own lives, but often
13 it was demonstrated that they have done so
14 much for so many others. Some who weren't
15 even challenged, they have helped.
16 So our hats are off to all of those
17 who came today, all of the disabled people in
18 the state of New York who have worked so hard
19 to overcome their disabilities, and to give
20 you our commitment as a Senate, on both sides
21 of the aisle, that we recognize what you have
22 done and we stand committed to serve the
23 mentally disabled and the physically disabled
24 and the developmentally disabled in the state
25 of New York.
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1 Thank you, Madam President.
2 THE PRESIDENT: Senator LaValle.
3 SENATOR LaVALLE: Thank you,
4 Madam President. I would just like to add a
5 few words to those of Senator Bruno and
6 Senator Morahan.
7 It seems almost a lifetime ago
8 professionally for me when I got involved in,
9 as director of the Education Committee,
10 writing legislation that provided for free and
11 appropriate education. And I only mention
12 that because it was more than 20 years ago and
13 I have seen our society really provide a fair
14 and equitable playing field for people who are
15 challenged.
16 And today I met an individual, Josh
17 Stewart, who was nominated by Senator Flanagan
18 and stopped in my office, and listened to him
19 about his entrepreneurial spirit of how he
20 would go on, and I'm absolutely convinced,
21 someday to own his own business.
22 And, you know, today what it's all
23 about, you can be anything that you want to
24 be. And our laws and our society are
25 providing the pathway to do that very thing.
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1 And I congratulate Senator Morahan
2 on his good work in providing for a day like
3 today and encouraging the laws that we need to
4 make people independent and contributing
5 members of our society.
6 THE PRESIDENT: The question now
7 is on the resolution. All in favor please
8 signify by saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Opposed, nay.
11 (No response.)
12 THE PRESIDENT: The resolution is
13 adopted.
14 And you have our respect and
15 admiration and congratulations. Best wishes
16 to everyone involved here.
17 (Standing ovation.)
18 THE PRESIDENT: Senator Bruno.
19 SENATOR BRUNO: Madam President,
20 with Senator Morahan's indulgence, we'd like
21 to ask all the conference members to join in
22 this resolution. And if you'd rather not,
23 please let the desk know at your leisure.
24 Thank you, Madam President.
25 THE PRESIDENT: Any member who
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1 does not wish to sponsor the last resolution
2 please notify the desk.
3 Senator Bruno.
4 SENATOR BRUNO: And, Madam
5 President, can we at this time have the
6 resolution by Senator Skelos, 2088, have the
7 title read and move for its immediate
8 adoption.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: By Senator
12 Skelos, Legislative Resolution Number 2088,
13 memorializing Governor George E. Pataki to
14 proclaim May 25, 2005, as Missing Children's
15 Day in New York State.
16 THE PRESIDENT: All in favor
17 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 Flanagan.
24 SENATOR FLANAGAN: Madam
25 President, if the Senate could stand at ease
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1 for a few moments.
2 THE PRESIDENT: The Senate stands
3 at ease.
4 (Whereupon, the Senate stood at
5 ease at 3:26 p.m.)
6 (Whereupon, the Senate reconvened
7 at 3:36 p.m.)
8 ACTING PRESIDENT MEIER: Senator
9 Skelos.
10 SENATOR SKELOS: Mr. President, I
11 believe there are some substitutions at the
12 desk, if we could make them at this time.
13 ACTING PRESIDENT MEIER: The
14 Secretary will read the substitutions.
15 THE SECRETARY: On page 12,
16 Senator Larkin moves to discharge, from the
17 Committee on Aging, Assembly Bill Number 399
18 and substitute it for the identical Senate
19 Bill Number 62, Third Reading Calendar 89.
20 On page 13, Senator Marcellino
21 moves to discharge, from the Committee on
22 Health, Assembly Bill Number 4577A and
23 substitute it for the identical Senate Bill
24 Number 1771A, Third Reading Calendar 113.
25 On page 15, Senator Alesi moves to
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1 discharge from the Committee on Corporations,
2 Authorities and Commissions, Assembly Bill
3 Number 727 and substitute it for the identical
4 Senate Bill Number 1318, Third Reading
5 Calendar 186.
6 On page 16, Senator DeFrancisco
7 moves to discharge, from the Committee on
8 Investigations and Government Operations,
9 Assembly Bill Number 1115 and substitute it
10 for the identical Senate Bill Number 39, Third
11 Reading Calendar 235.
12 On page 22, Senator Wright moves to
13 discharge, from the Committee on Tourism,
14 Recreation and Sports Development, Assembly
15 Bill Number 6127 and substitute it for the
16 identical Senate Bill Number 2530, Third
17 Reading Calendar 391.
18 On page 25, Senator Balboni moves
19 to discharge, from the Committee on
20 Transportation, Assembly Bill Number 4225 and
21 substitute it for the identical Senate Bill
22 Number 1786, Third Reading Calendar 479.
23 On page 25, Senator Spano moves to
24 discharge, from the Committee on
25 Investigations and Government Operations,
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1 Assembly Bill Number 6353 and substitute it
2 for the identical Senate Bill Number 3001,
3 Third Reading Calendar 508.
4 On page 27, Senator Hannon moves to
5 discharge, from the Committee on Health,
6 Assembly Bill Number 1842 and substitute it
7 for the identical Senate Bill Number 756,
8 Third Reading Calendar 540.
9 On page 35, Senator Winner moves to
10 discharge, from the Committee on Agriculture,
11 Assembly Bill Number 7432 and substitute it
12 for the identical Senate Bill Number 4673,
13 Third Reading Calendar 692.
14 On page 47, Senator Farley moves to
15 discharge, from the Committee on Banks,
16 Assembly Bill Number 7388 and substitute it
17 for the identical Senate Bill Number 4522,
18 Third Reading Calendar 838.
19 On page 62, Senator Robach moves to
20 discharge, from the Committee on Finance,
21 Assembly Bill Number 3454 and substitute it
22 for the identical Senate Bill Number 1893,
23 Third Reading Calendar 994.
24 And on page 70, Senator DeFrancisco
25 moves to discharge, from the Committee on
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1 Civil Service and Pensions, Assembly Bill
2 Number 6142A and substitute it for the
3 identical Senate Bill Number 3050A, Third
4 Reading Calendar 1079.
5 ACTING PRESIDENT MEIER:
6 Substitutions ordered.
7 Senator Skelos.
8 SENATOR SKELOS: Would you please
9 recognize Senator Fuschillo.
10 ACTING PRESIDENT MEIER: Motions
11 and resolutions.
12 Senator Fuschillo.
13 SENATOR FUSCHILLO: Thank you,
14 Mr. President.
15 On behalf of Senator Alesi, on page
16 number 33 I offer the following amendments to
17 Calendar Number 654, Assembly Print Number
18 966A, and ask that said bill retain its place
19 on Third Reading Calendar.
20 ACTING PRESIDENT MEIER: The
21 amendments are received and adopted, and the
22 bill will retain its place on the Third
23 Reading Calendar.
24 SENATOR FUSCHILLO: On behalf of
25 Senator Leibell, on page number 37 I offer the
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1 following amendments to Calendar Number 726,
2 Senate Print Number 3626, and ask that said
3 bill retain its place on the Third Reading
4 Calendar.
5 ACTING PRESIDENT MEIER: The
6 amendments are received and adopted, and the
7 bill will retain its place on the Third
8 Reading Calendar.
9 SENATOR FUSCHILLO: On behalf of
10 Senator Padavan, on page number 51 I offer to
11 following amendments to Calendar Number 887,
12 Senate Print Number 3914, and ask that said
13 bill retain its place on Third Reading
14 Calendar.
15 ACTING PRESIDENT MEIER: The
16 amendments are received and adopted, and the
17 bill will retain its place on the Third
18 Reading Calendar.
19 SENATOR FUSCHILLO: On behalf of
20 Senator Saland, on page number 64 I offer the
21 following amendments to Calendar Number 1014,
22 Senate Print Number 3314, and ask that said
23 bill will retain its place on Third Reading
24 Calendar.
25 ACTING PRESIDENT MEIER: The
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1 amendments are received and adopted, and the
2 bill will retain its place on the Third
3 Reading Calendar.
4 Senator Little.
5 SENATOR LITTLE: Thank you, Mr.
6 President.
7 On behalf of myself, Senator
8 Little, on page 58 I offer the following
9 amendments to Calendar Number 955, Senate
10 Print Number 4911, and ask that the said bill
11 retain its place on the Third Reading
12 Calendar.
13 ACTING PRESIDENT MEIER: The
14 amendments are received and adopted, and the
15 bill will retain its place on the Third
16 Reading Calendar.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 if we could go to the noncontroversial reading
20 of the calendar.
21 ACTING PRESIDENT MEIER: The
22 Secretary will conduct the noncontroversial
23 reading of the calendar.
24 THE SECRETARY: Calendar Number
25 117, by Senator Marcellino, Senate Print 676,
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1 an act to amend the Vehicle and Traffic Law,
2 in relation to permitted use.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 SENATOR SCHNEIDERMAN: Lay it
6 aside.
7 ACTING PRESIDENT MEIER: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 167, by Senator Balboni, Senate Print 182A, an
11 act to amend the Penal Law, in relation to
12 creating.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 169, by Senator Marcellino --
25 SENATOR SKELOS: Lay it aside for
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1 the day, please.
2 ACTING PRESIDENT MEIER: Lay the
3 bill aside for the day.
4 THE SECRETARY: Calendar Number
5 199, by Member of the Assembly Stringer,
6 Assembly Print Number 630, an act to amend the
7 Real Property Tax Law, in relation to
8 assessors and assessor training.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of April.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 248, by Senator LaValle, Senate Print --
21 SENATOR SKELOS: Lay it aside for
22 the day, please.
23 ACTING PRESIDENT MEIER: Lay the
24 bill aside for the day.
25 THE SECRETARY: Calendar Number
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1 268, by Senator LaValle --
2 SENATOR SKELOS: Lay the bill
3 aside for the day, please.
4 ACTING PRESIDENT MEIER: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 361, by Senator LaValle --
8 SENATOR SKELOS: Lay the bill
9 aside for the day.
10 ACTING PRESIDENT MEIER: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 575, by Senator Spano, Senate Print 3278, an
14 act to amend the Education Law, in relation to
15 penalties.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 598, by Senator Padavan --
3 SENATOR LIZ KRUEGER: Lay it
4 aside, please.
5 ACTING PRESIDENT MEIER: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 605, by Senator Flanagan, Senate Print 2551,
9 an act to amend the Tax Law, in relation to
10 exempting.
11 ACTING PRESIDENT MEIER: There is
12 a local fiscal impact note at the desk.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first day of the
16 sales tax quarterly period.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 729, by Senator Bonacic, Senate Print 268, an
25 act to amend the Vehicle and Traffic Law, in
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1 relation to approaching a parked, stopped or
2 standing hazard vehicle.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 738, by Senator Farley --
15 SENATOR SKELOS: Lay it aside for
16 the day, please.
17 ACTING PRESIDENT MEIER: Lay the
18 bill aside for the day.
19 THE SECRETARY: Calendar Number
20 742, by Senator Balboni --
21 SENATOR SKELOS: Lay it aside for
22 the day, please.
23 ACTING PRESIDENT MEIER: Lay the
24 bill aside for the day.
25 THE SECRETARY: Calendar Number
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1 747, by Senator Balboni --
2 SENATOR SKELOS: Lay it aside for
3 the day, please.
4 ACTING PRESIDENT MEIER: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 751, by Senator Robach, Senate Print 4508, an
8 act to amend the Civil Service Law, in
9 relation to the representation.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 787, by Senator Farley, Senate Print 4520, an
22 act to amend the Tax Law, in relation to the
23 imposition of sales.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 813, by Senator Bonacic, Senate Print 4326, an
11 act to amend the Public Authorities Law, in
12 relation to the power of the State of New York
13 Mortgage Agency.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 823, by Senator Farley, Senate Print 5177, an
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1 act to amend the Public Authorities Law, in
2 relation to directors.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 831, by Senator Morahan --
15 SENATOR MORAHAN: Lay it aside
16 for the day.
17 ACTING PRESIDENT MEIER: Lay the
18 bill aside for the day.
19 THE SECRETARY: Calendar Number
20 833, by Senator Farley, Senate Print 4048, an
21 act to amend the Banking Law, in relation to
22 establishing standards.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 845, by Senator Seward, Senate Print 4971, an
10 act to amend the Education Law, in relation to
11 biennial registration fees.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59. Nays,
20 1. Senator Duane recorded in the negative.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 850, by Senator Maziarz, Senate Print 4184, an
25 act to amend the Workers' Compensation Law, in
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1 relation to employment.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 854, by Senator Johnson, Senate Print 1409, an
14 act to amend the Insurance Law and the Vehicle
15 and Traffic Law, in relation to establishing.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MEIER: Senator
24 Onorato, to explain his vote.
25 SENATOR ONORATO: To explain my
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1 vote, Mr. President.
2 Mr. President, I'm going to vote
3 for this bill. I think it's a good bill.
4 But I think we could make it a
5 little bit better, Senator Johnson, if you
6 were to amend it to address the concerns of
7 some people regarding taking safety courses on
8 the Internet. It's a wonderful suggestion,
9 for those who are trying to do it, to reduce
10 their insurance premiums.
11 But we have a lot of youngsters who
12 have gotten points on their license, and they
13 are also eligible to take this on the
14 Internet. And I think it would be much better
15 if we got them, students, into the classroom
16 to take it before they would be eligible for a
17 reduction in their insurance rates.
18 Again, I will be voting for the
19 bill, but please consider the amendment.
20 ACTING PRESIDENT MEIER: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 856, by Senator Seward, Senate Print 4320, an
2 act to amend the Insurance Law, in relation to
3 limitations.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 859, by Senator LaValle, Senate Print 1412, an
16 act to amend the Real Property Actions and
17 Proceedings Law, in relation to purchase.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 30th day.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 860, by Senator Alesi --
5 SENATOR LIZ KRUEGER: Lay it
6 aside.
7 ACTING PRESIDENT MEIER: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 865, by Senator DeFrancisco, Senate Print
11 4847, an act to amend Chapter 231 of the Laws
12 of 1998 amending the Real Property Actions and
13 Proceedings Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 891, by Senator Nozzolio, Senate Print 4032,
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1 an act to amend the Penal Law, in relation to
2 sexual conduct.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 September.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 894, by Senator Rath, Senate Print 4196, an
16 act to amend the Penal Law, in relation to
17 custodial interference.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 910, by Senator Alesi, Senate Print 3440, an
6 act authorizing Stanley Chizuk to receive
7 retirement service credit.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 915, by Senator Golden, Senate Print 4446, an
20 act to amend the Civil Service Law, in
21 relation to permitting.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MEIER: Senator
5 Golden, to explain his vote.
6 SENATOR GOLDEN: Thank you,
7 Acting President.
8 The bill that we're passing today
9 was an amendment made to the bill -- or a bill
10 passed to help and to assist the Port
11 Authority police officers that were not
12 included in the previous bill, that would
13 allow their sons and daughters to go on to
14 become police officers or firemen, to gain
15 extra points on their acceptance to the police
16 department or fire department, because of
17 those that were lost in 9/11, those 400-plus
18 firemen and police officers that died on that
19 terrible, terrible day.
20 This would correct that injustice
21 and allow the Port Authority police officers,
22 their sons and daughters, to be able to follow
23 in the footsteps of their mothers and fathers
24 that were on the departments before them.
25 And I'm also proud to be able to
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1 point up to a school from my district, the
2 Resurrection. And up there is the "Senator
3 for a Day," Gillian Sineflow [ph]. And those
4 kids were part of that terrible tragedy when
5 they seen those buildings come down on 9/11.
6 And many of the parents that went to
7 Resurrection -- or some of the parents were
8 lost on 9/11. And that's also one of the
9 schools, unfortunately, that will be closed in
10 Brooklyn and Queens.
11 But this is a great justice for
12 those families and those children of police
13 officers, firemen, and for those that worked
14 for the Port Authority. And I thank this body
15 for passing that. And obviously I vote yes.
16 Thank you.
17 ACTING PRESIDENT MEIER: Senator
18 Golden will be recorded in the affirmative.
19 The Secretary will announce the
20 results.
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 948, by Senator Balboni, Senate Print 4498, an
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1 act authorizing the assessor of the County of
2 Nassau to accept.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59. Nays,
11 1. Senator Bonacic recorded in the negative.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 950, by Senator Skelos, Senate Print 4556, an
16 act to amend Chapter 564 of the Laws of 2004.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59. Nays,
25 1. Senator Bonacic recorded in the negative.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 951, by Senator LaValle, Senate Print 4716, an
5 act to authorize the Independent Group Home
6 Living Program, Inc.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59. Nays,
15 1. Senator Bonacic recorded in the negative.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 952, by Senator Flanagan, Senate Print 4894,
20 an act to authorize the First Church of
21 Christ, Scientist, to file an application.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59. Nays,
5 1. Senator Bonacic recorded in the negative.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1006, by Senator Robach, Senate Print 5247, an
10 act to amend the Executive Law and the State
11 Finance Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 26. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1047, by Senator Fuschillo, Senate Print 2224,
24 an act to amend the Real Property Tax Law, in
25 relation to including.
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1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 SENATOR SKELOS: Lay it aside for
9 the day, please.
10 ACTING PRESIDENT MEIER: Lay the
11 bill aside for the day.
12 Senator Skelos, that completes the
13 noncontroversial reading of the calendar.
14 SENATOR SKELOS: Thank you,
15 Mr. President. If we could return to reports
16 of standing committees and take up the Finance
17 Committee report at this time.
18 ACTING PRESIDENT MEIER: Reports
19 of standing committees.
20 The Secretary will read.
21 THE SECRETARY: Senator Johnson,
22 from the Committee on Finance, reports the
23 following nominations.
24 As commissioner of the Tax Appeals
25 Tribunal, Robert J. McDermott, of New York
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1 City.
2 ACTING PRESIDENT MEIER: Senator
3 Johnson.
4 SENATOR JOHNSON: Move the
5 nominations, Mr. President.
6 ACTING PRESIDENT MEIER: The
7 question is on the nomination of Robert J.
8 McDermott, of New York City, as Commissioner
9 of the Tax Appeals Tribunal. All those in
10 favor signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT MEIER: Those
13 opposed, nay.
14 (No response.)
15 ACTING PRESIDENT MEIER: The
16 nominee is confirmed.
17 Mr. McDermott is with us today in
18 the gallery.
19 And, Mr. McDermott,
20 congratulations, and we wish you well with
21 your important duties.
22 (Applause.)
23 ACTING PRESIDENT MEIER: The
24 Secretary will continue to read.
25 THE SECRETARY: As a member of
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1 the New York State Olympic Regional
2 Development Authority, Edwin H. Weibrecht, of
3 Lake Placid.
4 As a member of the Niagara Frontier
5 Transportation Authority, Peter G. Demakos, of
6 Amherst.
7 As a member of the Port of Oswego
8 Authority, Ralph Jennings, of Oswego.
9 As a member of the Allegany State
10 Park, Recreation and Historic Preservation
11 Commission, Laureen J. Peterson, of Salamanca.
12 As a member of the Saratoga-Capital
13 District State Park, Recreation and Historic
14 Preservation Commission, Raymond A. Waldron,
15 of Saratoga Springs.
16 As a member of the Veterans Affairs
17 Commission, Ben E. Peets, of Tupper Lake.
18 As a member of the Mental Health
19 Services Council, Jeffrey Borenstein, M.D., of
20 New York City.
21 As a member of the State Fire
22 Prevention and Building Code Council, Thomas
23 B. Vanderbeek, of Suffern.
24 As members of the Board of Visitors
25 of the Agricultural and Industrial School at
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1 Industry, James P. Mulley, Jr., of Webster,
2 and John R. Rosati, of Rochester.
3 As a member of the Board of
4 Visitors of the Bronx Children's Psychiatric
5 Center, Raquel C. Coca, of the Bronx.
6 As a member of the Board of
7 Visitors of the Broome Developmental
8 Disabilities Services Office, Ann Brigid
9 Sullivan, of Morris.
10 As members of the Board of Visitors
11 of the Capital District Developmental
12 Disabilities Services Office, Sharon Brooks,
13 of Fort Johnson; Arthur P. Pagano, of Cohoes;
14 and Joan D. Taylor, of Niskayuna.
15 As a member of the Board of
16 Visitors of the Capital District Psychiatric
17 Center, E. Bernice Danks, of Averill Park.
18 As a member of the Board of
19 Visitors of the Central New York Developmental
20 Disabilities Services Office, Elizabeth
21 Vaught, of Baldwinsville.
22 As a member of the Board of
23 Visitors of the Creedmoor Psychiatric Center,
24 Gloria M. Allen, of Hollis.
25 As a member of the Board of
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1 Visitors of the Mohawk Valley Psychiatric
2 Center, Maryrose Eannace, Ph.D., of Clinton.
3 As a member of the Board of
4 Visitors of the Hudson Valley Developmental
5 Disabilities Services Office, Helen S. Crabbe,
6 of Orangeburg.
7 As a member of the Board of
8 Visitors of the Richard H. Hutchings
9 Developmental Disabilities Services Office,
10 Richard Ellison, Esquire, of Syracuse.
11 As a member of the Board of
12 Visitors of the St. Lawrence Psychiatric
13 Center, Edward J. Knight, of Lisbon.
14 As a member of the Board of
15 Visitors of the Taconic Developmental
16 Disabilities Services Office, Theresa
17 Sgrulletta, of Mount Kisco.
18 As a member of the Board of
19 Visitors of the Valley Ridge Center for
20 Intensive Treatment, Irad S. Ingraham,
21 Esquire, of New Berlin.
22 And as a member of the Board of
23 Visitors of the Western New York Developmental
24 Disabilities Services Office, Jessie B. Wells,
25 of Buffalo.
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1 ACTING PRESIDENT MEIER: The
2 question is on the confirmation of the
3 nominees. All those in favor signify by
4 saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT MEIER: Those
7 opposed, nay.
8 (No response.)
9 ACTING PRESIDENT MEIER: The
10 nominees are confirmed.
11 SENATOR SKELOS: Mr. President.
12 ACTING PRESIDENT MEIER: Senator
13 Skelos.
14 SENATOR SKELOS: Thank you, Mr.
15 President. If we could take up the report of
16 the Judiciary Committee at this time.
17 ACTING PRESIDENT MEIER: The
18 Secretary will read the report of the
19 Judiciary Committee.
20 THE SECRETARY: Senator
21 DeFrancisco, from the Committee on Judiciary,
22 reports the following nominations.
23 As a judge of the Surrogate's Court
24 for the County of Rockland, G. Nicholas Del
25 Pizzo, of Nyack.
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1 ACTING PRESIDENT MEIER: Senator
2 DeFrancisco.
3 SENATOR DeFRANCISCO: Thank you,
4 Mr. President.
5 I'm proud to rise to move the
6 nomination of G. Nicholas Del Pizzo, of Nyack,
7 as a judge of the Surrogate's Court.
8 Mr. Del Pizzo has been reviewed by
9 not only the Governor's office, his
10 qualifications have been reviewed by the
11 Judiciary Committee. And the Judiciary
12 Committee unanimously voted his nomination to
13 the floor and unanimously recommended his
14 confirmation.
15 And I would request that you would
16 please recognize Senator Morahan for a second.
17 ACTING PRESIDENT MEIER: Can we
18 have some order in the chamber, please.
19 SENATOR DeFRANCISCO: Excuse me.
20 Senator Spano.
21 ACTING PRESIDENT MEIER: No,
22 Senator Morahan.
23 SENATOR MORAHAN: No, you were
24 right, John.
25 SENATOR DeFRANCISCO: All right.
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1 ACTING PRESIDENT MEIER: Senator
2 Morahan.
3 SENATOR MORAHAN: Thank you, Mr.
4 President. Thank you, Senator DeFrancisco.
5 I rise in support of this
6 nomination and confirmation of G. Nicholas
7 Del Pizzo from Rockland County.
8 He's been an acting village judge
9 in South Nyack, served with great distinction.
10 He received his juris doctorate from Pace
11 University. He was entered into the bar in
12 1985 and has had a long career in public
13 service and in private practice, serving as a
14 Family Court attorney representing the
15 Department of Social Services, that agency, in
16 Family Court. And then in 1991 he was
17 promoted, if you will, to be the supervising
18 attorney for the agency in the Family Court.
19 He's a veteran, a captain of the
20 U.S. Air Force during the Vietnam War. And
21 he's been involved in the community in the
22 Veterans of Foreign Wars, the American Legion,
23 the PINS Advisory Board, the board of
24 directors of the Empire Hook & Ladder down in
25 Upper Nyack, and many other community services
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1 that he's performed.
2 And I congratulate the Governor for
3 making this nomination, and I stand foursquare
4 behind this nomination and for the
5 confirmation.
6 Thank you, Mr. President.
7 ACTING PRESIDENT MEIER: The
8 question is on the confirmation of G. Nicholas
9 Del Pizzo as a judge of the Surrogate's Court
10 for Rockland County. All those in favor
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MEIER: Those
14 opposed, nay.
15 (No response.)
16 ACTING PRESIDENT MEIER: The
17 nominee is confirmed.
18 Judge Del Pizzo is with us in the
19 gallery. He's accompanied by his daughter,
20 Sarah, and by Linda Bean.
21 Judge, we congratulate you and we
22 wish you well.
23 (Applause.)
24 ACTING PRESIDENT MEIER: The
25 Secretary will continue to read.
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1 THE SECRETARY: As a judge of the
2 Westchester County Court, Charles Devlin, of
3 Chappaqua.
4 ACTING PRESIDENT MEIER: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: I'm also
7 proud to rise to move the nomination of
8 Charles Devlin as a judge of the Westchester
9 County Court.
10 He also had his qualifications
11 reviewed by the Governor's office and
12 thoroughly reviewed by the Senate Judiciary
13 Committee. His nomination was unanimously
14 forwarded to the full Senate, and the
15 recommendation for his approval has been
16 unanimous as well.
17 And I would request that you,
18 Mr. President, please recognize Senator Spano
19 to second the nomination.
20 ACTING PRESIDENT MEIER: Senator
21 Spano.
22 SENATOR SPANO: Thank you, Mr.
23 President.
24 It's my pleasure to second the
25 nomination of Charles Devlin to the County
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1 Court in Westchester County.
2 I've known Charlie Devlin for many
3 years and in many different capacities, as
4 someone who started his career in 1970 as a
5 law clerk, has steadily risen through the
6 ranks in the infrastructure of our courts, and
7 has become an expert on some of the more
8 sensitive areas of dealing with people with
9 disabilities.
10 When we passed the law that I was
11 proud to be the prime sponsor of a number of
12 years ago creating Article 81 of the Mental
13 Hygiene Law, helping people who are mentally
14 and physically incapacitated, it was Charlie
15 Devlin who was there as a resource to the
16 members of this house, and to the Assembly, in
17 the passage and also the implementation of a
18 bill that -- of a law that deals with a very
19 fragile population.
20 The Governor should be
21 congratulated for recommending someone to us
22 with the type of credentials that he has in
23 serving people so ably in our court system.
24 He has taken on the responsibility
25 of training the judges, where many of the
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1 judges in our system will actually have gone
2 to him, to seek his input and recommendations
3 when it comes to issues regarding people with
4 developmental disabilities and people with
5 disabilities generally.
6 So it's my pleasure to second the
7 nomination of Charlie Devlin. I'm very glad
8 and proud to be able to call him Judge Devlin;
9 it's a title that he certainly is entitled to.
10 And I'm proud of the Governor's recommendation
11 of such an outstanding person to that post.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MEIER: Senator
14 Oppenheimer.
15 SENATOR OPPENHEIMER: And I'd
16 like to join in the congratulations of
17 soon-to-be Judge Devlin. He lives in my
18 Senate district.
19 And I was also very moved and
20 pleased by the association that you have with
21 the mentally ill children and the Clearview
22 School.
23 And from everything I read, your
24 background as far as the guardianship work
25 you've done, the work you've done has
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1 certainly prepared you for this judgeship.
2 And I wish you very well.
3 ACTING PRESIDENT MEIER: The
4 question is on the confirmation of Charles
5 Devlin as a judge of the Westchester County
6 Court. All in favor please signify by saying
7 aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT MEIER: Those
10 opposed, nay.
11 (No response.)
12 ACTING PRESIDENT MEIER: The
13 nominee is confirmed.
14 Judge Devlin is with us today in
15 the gallery. He's accompanied by his wife,
16 Clara Keenan; his son, Timothy Keenan-Devlin;
17 and his coworkers Marita McMahon and Kerney
18 Christian.
19 Judge, congratulations and best
20 wishes.
21 (Applause.)
22 ACTING PRESIDENT MEIER: The
23 Secretary will continue to read.
24 THE SECRETARY: As a judge of the
25 Westchester County Family Court, Irene Ratner,
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1 of New Rochelle.
2 ACTING PRESIDENT MEIER: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: I'm also
5 proud to rise to move the nomination of Irene
6 Ratner for Westchester Family Court.
7 Her qualifications and background
8 were also reviewed by the Governor's office
9 and our committee thoroughly, and the
10 committee also unanimously recommended the
11 approval of Irene Ratner and the confirmation
12 by the full Senate.
13 And I would again ask that you
14 recognize Senator Spano to second the
15 nomination.
16 ACTING PRESIDENT MEIER: Senator
17 Spano.
18 SENATOR SPANO: Thank you,
19 Senator DeFrancisco and Mr. President.
20 It's my pleasure also to second the
21 nomination of Irene Ratner. This is not the
22 first time that I've had an opportunity to
23 speak on the floor of the Senate in favor of
24 the Governor's recommendation for Irene Ratner
25 to the judiciary.
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1 It is so important when we deal
2 with the Family Court that we have a person
3 who can handle families who are in crisis.
4 And with Irene Ratner, she has had almost a
5 decade working with the supervising judge of
6 the Family Court in Westchester, Joan Cooney;
7 serving as a court attorney, as a referee to
8 the Family Court; and has dealt with every
9 possible variation of crisis that our families
10 deal with in the Family Court.
11 We need to have someone who knows
12 the law. We need to have someone who has the
13 sensitivity to deal with families who are
14 presented to her in crisis. And I'm so proud
15 to second her nomination today.
16 She has a list of outstanding
17 achievements in many different areas in our
18 county in Westchester, and she will serve us
19 well as a member of the Family Court. And I'm
20 proud to second the nomination of Judge Irene
21 Ratner.
22 ACTING PRESIDENT MEIER: Senator
23 Oppenheimer.
24 SENATOR OPPENHEIMER: And I'm
25 proud to third the nomination.
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1 We are having a banner day in
2 Westchester, for Westchester County today.
3 This is our second nominee.
4 And Irene Ratner I know through the
5 wonderful work she's done with the Women's Bar
6 Association of Westchester County.
7 And as Senator Spano has mentioned,
8 I mean, you look at the things that she has
9 been involved in and committed to. I mean,
10 it's the full panoply of things that will come
11 before her in the Family Court -- domestic
12 violence, juvenile delinquency, neglect and
13 abuse, child custody and visitation, child
14 support, paternity.
15 I mean, these are all the things
16 that she has been working on lo these many
17 years, and now she will make a judge who has
18 the experience and the capacity to do a really
19 bang-up job in Family Court in Westchester
20 County.
21 I'm delighted to congratulate her.
22 ACTING PRESIDENT MEIER: The
23 question is on the confirmation of Irene
24 Ratner as a judge of the Family Court for the
25 County of Westchester. All those in favor
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1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MEIER: Those
4 opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MEIER: The
7 nominee is confirmed.
8 Judge Ratner is with us today in
9 the gallery. She's accompanied by her
10 husband, Joseph Ratner, and by her colleague
11 Judge Janet DiFiore.
12 Judge, congratulations and best
13 wishes with your duties.
14 (Applause.)
15 ACTING PRESIDENT MEIER: Senator
16 Skelos.
17 SENATOR SKELOS: Thank you, Mr.
18 President. If we could now go to the
19 controversial reading of the calendar.
20 ACTING PRESIDENT MEIER: The
21 Secretary will conduct the controversial
22 reading of the calendar.
23 The Secretary will ring the bells.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 117, by Senator Marcellino, Senate Print 676,
2 an act to amend the Vehicle and Traffic Law.
3 SENATOR LIZ KRUEGER:
4 Explanation.
5 ACTING PRESIDENT MEIER: Senator
6 Marcellino, an explanation has been requested
7 by Senator Liz Krueger.
8 SENATOR MARCELLINO: Mr.
9 President, can I ask for some order in the
10 house, please.
11 ACTING PRESIDENT MEIER: Well,
12 that would be nice.
13 Can we have some order in the
14 house.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President, through you, this bill provides
18 that vehicles with permits for handicapped
19 parking issued anywhere in the state may be
20 used in all spaces for handicapped parking
21 anywhere in the state, including New York
22 City.
23 ACTING PRESIDENT MEIER: Senator
24 Krueger.
25 SENATOR LIZ KRUEGER: Thank you,
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1 Mr. President. If, through you, the sponsor
2 would yield.
3 ACTING PRESIDENT MEIER: Senator
4 Marcellino, do you yield for a question?
5 SENATOR MARCELLINO: Yes, the
6 sponsor yields for a question.
7 ACTING PRESIDENT MEIER: The
8 sponsor yields.
9 SENATOR LIZ KRUEGER: Thank you.
10 Do we have any estimate of how many
11 additional people under your law would then be
12 free to park on the streets in New York City
13 in no-parking areas?
14 SENATOR MARCELLINO: The only
15 number that we can give you with some accuracy
16 is there are approximately 65,000 parking
17 spaces issued from New York State. There are
18 other localities issuing parking permits as
19 well; we can't get those, because you have to
20 call each and every one of the entities that
21 issue the spaces.
22 So the answer is not accurately.
23 SENATOR LIZ KRUEGER: Mr.
24 President, if, through you, the sponsor would
25 continue to yield.
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1 ACTING PRESIDENT MEIER: Senator
2 Marcellino, do you yield?
3 SENATOR MARCELLINO: Yes, I do.
4 ACTING PRESIDENT MEIER: The
5 sponsor yields.
6 SENATOR LIZ KRUEGER: Thank you.
7 Senator, you've visited my district
8 in Manhattan?
9 SENATOR MARCELLINO: I've been to
10 Manhattan many times.
11 SENATOR LIZ KRUEGER: Thank you.
12 Senator, if the sponsor would
13 continue to yield.
14 ACTING PRESIDENT MEIER: Do you
15 yield, Senator Marcellino?
16 SENATOR MARCELLINO: Yes, I
17 yield.
18 ACTING PRESIDENT MEIER: The
19 sponsor yields.
20 SENATOR LIZ KRUEGER: It's been
21 your experience that we have a parking or
22 traffic problem in my district, Senator?
23 SENATOR MARCELLINO: Yes, I
24 believe you do have a parking problem in your
25 district, Senator.
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1 Would the Senator yield for a
2 question?
3 SENATOR LIZ KRUEGER: Certainly I
4 will.
5 SENATOR MARCELLINO: Senator,
6 have you visited Long Island?
7 SENATOR LIZ KRUEGER: Yes, I
8 have.
9 SENATOR MARCELLINO: Have you
10 visited my district?
11 SENATOR LIZ KRUEGER: Yes, I
12 have.
13 SENATOR MARCELLINO: Are you
14 aware that we might have a parking-spot
15 problem in our district as well?
16 SENATOR LIZ KRUEGER: Not as
17 great as my district on a daily basis.
18 But I would accept your parking
19 problems also.
20 SENATOR MARCELLINO: If you're
21 looking for a parking space and you're
22 handicapped, I would suggest that it doesn't
23 matter what the level of difficulty is, you
24 want a parking space. This bill is related to
25 fairness.
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1 If New York City residents can park
2 in the Fifth Senate District on Long Island
3 with a handicapped parking permit issued by
4 the City of New York, then residents of the
5 Fifth Senate District have a perfect right to
6 park in Manhattan with a handicapped permit
7 issued from Long Island.
8 SENATOR LIZ KRUEGER: Mr.
9 President, if the sponsor would yield, please.
10 ACTING PRESIDENT MEIER: Senator
11 Marcellino, do you continue to yield?
12 SENATOR MARCELLINO: Yes, I
13 continue to yield.
14 ACTING PRESIDENT MEIER: The
15 sponsor yields.
16 SENATOR LIZ KRUEGER: Thank you.
17 Senator, would your district not
18 have its own ability to determine whether it
19 accepts designated state-issued or New York
20 City-issued disability permits? Or is that
21 only controlled by the State of New York, sir?
22 SENATOR MARCELLINO: Senator, to
23 my knowledge, state law allows state permits
24 to be issued and used anywhere.
25 SENATOR LIZ KRUEGER: Mr.
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1 President, if the sponsor would continue to
2 yield.
3 ACTING PRESIDENT MEIER: Senator
4 Marcellino, do you yield?
5 SENATOR MARCELLINO: I yield.
6 ACTING PRESIDENT MEIER: The
7 sponsor yields.
8 SENATOR LIZ KRUEGER: Thank you.
9 To clarify my question, could your
10 town or your county or parts of your district
11 request a law to change the rules for parking
12 in your own district? Is that your
13 understanding, that you could do that if you
14 wanted?
15 SENATOR MARCELLINO: Yes, they
16 could, Senator. But I don't believe that's
17 the point.
18 SENATOR LIZ KRUEGER: Okay. Mr.
19 President, on the bill.
20 ACTING PRESIDENT MEIER: Senator
21 Liz Krueger, on the bill.
22 SENATOR LIZ KRUEGER: Thank you.
23 Certainly I don't wish to
24 discourage or to deny equal treatment of
25 people with disabilities for their right to
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1 park. And certainly I do recognize that
2 because of specific types of disabilities,
3 many people with special needs have added
4 problems getting access to anywhere in the
5 State of New York and in the City of New York.
6 What I'd like to highlight as my
7 problems with this bill, as I understand it,
8 is that in New York City we've actually
9 established a special disability parking
10 permit where you go through an added process
11 of having a doctor's review of your disability
12 and your need to have access to on-street
13 parking.
14 It is my understanding that the
15 state's process in issuing state-issued
16 disability permits is a less complex process
17 and does not necessarily require that there is
18 medical review of the person's need to have
19 on-street parking -- and that, in fact, rather
20 than it being a license or something that is
21 immovable from the car, that it is some kind
22 of hanging device that can be moved from car
23 to car. So that there's not a guarantee that
24 the person with the permit in fact is the
25 disabled individual.
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1 It's also my understanding from
2 data I've received, which Senator Marcellino
3 might be able to refute, that there are
4 approximately 535,000 of these state-issued
5 movable disability permits that, if his bill
6 became law, would allow -- I'm not saying
7 everybody would come to New York City and
8 would come to New York City at the same time,
9 but would allow that large a universe of
10 people, in addition to an additional 65,000
11 residents in New York City, to park in
12 no-parking zones.
13 I do understand the problems of
14 people with disabilities needing to be close
15 to wherever they're going when they're driving
16 vehicles. But I would also make the argument
17 that the crowding on the streets of
18 Manhattan -- not speaking for the entire state
19 or the entire city, but speaking for my
20 district, that the crowding on the streets of
21 Manhattan are at the point of gridlock, both
22 in attempting to drive down the blocks and in
23 the legal and illegal parking and
24 double-parking that take place on every side
25 street and every avenue in my district on the
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1 East Side, in Midtown, every day of the week.
2 And I would argue that the goal and
3 the need for Manhattan Island is to figure out
4 how we decrease the use of private cars and
5 that we decrease on-street parking.
6 And so while I am not
7 philosophically opposed to ensuring equal
8 treatment of handicapped parking permits for
9 anywhere in the state of New York, I would
10 argue that the current crisis faced on
11 Manhattan Island -- with too many private
12 cars, too many people attempting to park in
13 too few parking spaces, too little access to a
14 public transportation system that needs to be
15 expanded and that is not being expanded, the
16 absence of a Second Avenue Subway being built,
17 the absence of improvements in bus service
18 rather than reductions in the number of buses,
19 the added risk and problem that my island
20 faces if the proposal to build a stadium on
21 the West Side were to -- I hope not, but were
22 to go through, with an additional 75,000 seats
23 and not one parking spot, to add to the
24 current crisis on Manhattan Island -- begs for
25 me the argument that I cannot support this
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1 bill because we cannot handle more traffic and
2 congestion.
3 And we have to address the bigger
4 problems for the City of New York's public
5 transportation system and the problems that
6 Manhattan Island faces or the Midtown, the
7 East Side and the West Side face. Which, as I
8 refer to it daily in my own district, is
9 continuing to be the assignment how many
10 people can you fit on the head of a pin. And
11 we have maximized our ability to do so.
12 So I will be voting against this
13 bill but hoping my colleagues on both sides of
14 the aisle will be interested in exploring ways
15 that we can in fact address the crisis of too
16 many cars on the streets of New York City,
17 both trying to move down those streets and
18 attempting to park on our streets.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Marcellino.
22 SENATOR MARCELLINO: Thank you,
23 Mr. President.
24 I would be more than willing to
25 join the Senator in some kind of a survey or
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1 some kind of a look at parking problems in
2 general and the way and the nature by which we
3 issue parking permits for everybody,
4 handicapped or otherwise.
5 And if you said to me you want to
6 limit access to Manhattan Island, we might
7 want to limit access to Nassau County or
8 Suffolk County as well on certain days and
9 certain times. That may be something anybody
10 looks at, whatever. But if you do it
11 uniformly.
12 What is happening now is the City
13 of New York, setting up its own standards, is
14 saying our people can park anywhere in the
15 state, but your people in the rest of the
16 state cannot park in New York.
17 So Senator Libous's mother, who has
18 a handicapped parking permit because she has
19 cancer and needs to go to Sloan-Kettering,
20 cannot use that handicapped parking permit in
21 New York City. That's outrageous. It is
22 unfair, and it is not equitable.
23 Senator, you voted for this bill
24 last year. It's the same bill. This bill
25 passed this house unanimously last year, with
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1 two exclusions, two people who were excused
2 for the day. It makes no sense to me to say,
3 on the day we are honoring the handicapped,
4 that some handicapped are better than others.
5 And that's what you're basically saying.
6 If you want to address parking
7 problems in the City of New York, call the
8 mayor's office, tell him not to go for the
9 stadium, tell him to work it out and do some
10 kind of a survey study and control parking.
11 We do it on the townships on Long Island. I
12 suggest you do it in Manhattan.
13 But by doing it on the backs of the
14 handicapped and somehow suggesting that all of
15 them -- I know you said you didn't think they
16 would all come, but I don't -- you know, to
17 say that they're all going to come into the
18 city at the same time and somehow exacerbate a
19 problem, I sincerely doubt that's going ever
20 to happen. And I sincerely doubt, even if
21 they all did, it would ever matter.
22 So I think this bill is good, it's
23 a matter of fairness and should be passed in
24 both houses and become law in this state.
25 Fairness should be the issue that this house
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1 stands for.
2 ACTING PRESIDENT MEIER: Senator
3 Schneiderman.
4 SENATOR SCHNEIDERMAN: Thank you,
5 Mr. President. On the bill.
6 I think it is unfortunate that the
7 debate that just took place seems to be trying
8 to pit one group of handicapped people against
9 another. The fact of the matter is we don't
10 have enough parking spaces in Manhattan now
11 for our own handicapped individuals in
12 New York City who already have permits.
13 It is not to denigrate anyone
14 else's legitimate desire to park on the street
15 to say that that problem will not be helped,
16 this crisis will not be alleviated by passing
17 this piece of legislation as currently
18 drafted.
19 I agree with Senator Marcellino
20 that there is an element of unfairness that
21 needs to be addressed. My concern is that we
22 pass legislation that with the flick of the
23 Governor's pen automatically authorizes tens
24 of thousands and we believe, now, hundreds of
25 thousands of people to possibly park in the
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1 streets, doesn't provide for any additional
2 parking spaces. That's not going to result in
3 them having a place to park, that's going to
4 result in nobody having a place to park.
5 So I think that there is a
6 legitimate point being raised here that if we
7 treat a problem like this without dealing with
8 the resource issue, without going to the City
9 Department of Transportation saying is there
10 any realistic way to expand the number of
11 parking spaces, we're not really addressing
12 the problem.
13 What we're doing is creating a
14 situation in which you're going to have more
15 people with handicapped tags circling around
16 and around and around blocks that there's no
17 place for them to park. And that's not really
18 solving their problem. That's not really
19 helping them.
20 I would urge my colleague that
21 before we move forward with this bill -- and I
22 realize a lot of -- everyone voted for it last
23 year. There is some new information,
24 including information about the 535,000
25 statewide tags that are out, that has become
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1 available. But I would urge that we at least
2 amend the bill to permit parking only by
3 persons with state-issued vehicle plates, as
4 opposed to hang tags. As Senator Krueger
5 pointed out, those can be moved from one
6 vehicle to another.
7 We have a real problem here. There
8 are legitimate reasons for handicapped people
9 outside of the city to want to park in the
10 city. You're right. You're absolutely right.
11 But we're not going to solve that problem with
12 this sort of an approach, I don't think,
13 unless we're very careful and very conscious
14 of the fact that unless we create more parking
15 spaces, if we're encouraging more people to
16 drive in, we're just creating problems for a
17 larger group.
18 So I understand the impetus behind
19 this legislation. I think that something like
20 this has to be done. But I do think that this
21 current bill, as currently drafted, requires
22 some amendment before I can support it. So I
23 will be voting no, Madam President.
24 ACTING PRESIDENT LITTLE: Thank
25 you, Senator Schneiderman.
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1 Senator Maltese.
2 SENATOR MALTESE: Madam
3 President, I rise in support of this
4 legislation, although I'm from the City of
5 New York.
6 To be honest, listening to Senator
7 Schneiderman, I'm, as they used to say,
8 shocked, outraged and dismayed at the fact
9 that he wants to apparently retain all the
10 handicapped parking permit spaces for the
11 residents of the City of New York.
12 We're constantly endeavoring to get
13 people from outside the city to come into
14 New York City for a variety of reasons. And
15 especially in the circumstances enumerated by
16 Senator Marcellino, where so many come in to
17 use our premier hospitals and medical services
18 and medical facilities, it does seem that
19 these are the people that would be most helped
20 by it.
21 I think we should open our arms and
22 embrace these people who require these
23 handicapped parking spaces, make everything as
24 easy as possible for them to come in. I
25 think, quite frankly, it's the liberal, human
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1 approach.
2 ACTING PRESIDENT LITTLE: Thank
3 you, Senator Maltese.
4 Senator Padavan.
5 SENATOR PADAVAN: Thank you,
6 Madam President. I share the points of view
7 that were expressed by Senator Maltese.
8 If we have a problem in the City of
9 New York, whether it be in Manhattan or in any
10 other borough, with inadequate numbers of
11 handicapped parking spaces, then that's a
12 problem those of us who represent different
13 parts of the City of New York should address.
14 As should our city councilmen, our borough
15 president, and others. Let's solve that
16 problem.
17 But to do so at the expense of
18 people who come from outside our city -- my
19 district is an example. It's right on the
20 border of Nassau. Now, what you're suggesting
21 is that Nassau residents who come across that
22 line to shop, to visit a physician, to go to a
23 movie would not have the same benefit as a
24 Queens resident who goes across that line for
25 the very same purposes. Makes no sense
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1 whatsoever.
2 If there is a problem in the city,
3 let's address it. But not at the expense of
4 handicapped individuals from outside the City
5 of New York who come into my district, and
6 perhaps yours, and they're welcome.
7 ACTING PRESIDENT LITTLE: Thank
8 you, Senator Padavan.
9 Senator LaValle.
10 SENATOR LaVALLE: Madam
11 President, I rise to support this legislation.
12 And I would hope that we not get
13 into a debate where we balkanize the state and
14 say these laws are only good for our citizens,
15 our handicapped, and not for handicapped who
16 come from Long Island or Westchester or any
17 other part of the state.
18 By the same token, I think those of
19 us on Long Island -- I mean, should we put up
20 signs "for residents only"?
21 I think today is a day -- and we've
22 talked about it by resolution, I talked about
23 it in my remarks -- that as a society we want
24 to pave the way so that people can be
25 self-sufficient and independent. And
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1 certainly the City of New York is known for
2 having some of the finest health facilities.
3 We want to encourage people who have problems
4 to be able to go to those facilities and
5 really not have to worry about all these
6 things of parking -- where to park, where not
7 to park.
8 So I think we want to open our arms
9 and make sure that people are accommodated
10 whenever possible. Thank you.
11 ACTING PRESIDENT LITTLE: Thank
12 you, Senator LaValle.
13 Senator Sabini.
14 SENATOR SABINI: Thank you, Madam
15 President. On the bill.
16 I think the legislation is
17 well-intentioned, but I think it's not based
18 on the reality of what the current status of
19 parking is in the city. We don't have
20 handicapped spots in the City of New York.
21 They don't exist on our streets, not like
22 Albany or other places.
23 The no-parking areas are the
24 handicapped areas. That's where your permit
25 is applicable. And the standards in New York
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1 City for a handicapped plate are significantly
2 tougher than the standards in other places,
3 and the permit is attached to your license
4 plate. So it's a little different situation.
5 And while I would like to see a
6 solution that would please the sponsor, I
7 don't know if this is it. Because in effect
8 it would take large swaths of the city and
9 allow people who need it, or in some cases
10 maybe disingenuously are using the permit, to
11 park where there's no parking.
12 So I don't think this is the
13 ultimate solution. If we had handicapped
14 spots within New York City, fine. If you want
15 to direct the city to have handicapped spots,
16 propose legislation to do it. I don't think
17 too many members from the city would vote for
18 it, because the constituency would be in an
19 uproar because so many spots would be lost,
20 even additional to the ones we have now. But
21 so be it.
22 But I don't think this is the
23 solution applicable to the City of New York
24 that's going to solve the problem you're
25 looking to solve. I think it's
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1 well-intentioned, but I don't see how it works
2 under the current conditions now. I think it
3 needs either more legislation or a change in
4 policy at the city level or a change in policy
5 around the state as to who gets these permits.
6 I don't think that the bill works
7 for New York City right now under these
8 circumstances. I'd like to see it changed so
9 it would be better for everybody.
10 Thank you.
11 ACTING PRESIDENT LITTLE: Thank
12 you, Senator Sabini.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you, Madam
15 President. On the bill.
16 I am amazed at this debate, quite
17 frankly. Senator Morahan today had an
18 outstanding day, a day where we honored people
19 with particular achievements and disabilities,
20 a day that I had the pleasure of sponsoring
21 and supporting for the last 12 years.
22 And Senator Morahan mentioned this
23 morning that attitude is the only disability
24 and that the people that were here in this
25 chamber have had to overcome severe
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1 obstacles -- the loss of a limb, mental,
2 physical disability. And we are arguing over
3 access to parking for people with
4 disabilities.
5 Certainly I respect that those who
6 represent areas of New York City understand
7 their districts. And I believe you, all of
8 you, that there are probably problems with
9 parking. I know there are. I've been to
10 New York City. I've been to Manhattan, I've
11 been to Queens, my son lives in Astoria.
12 There are problems.
13 And I don't think any of us in our
14 lifetimes will ever solve those parking
15 problems. We can try to make them better, but
16 in our lifetime we'll never solve those
17 parking problems.
18 But to deny people with
19 disabilities who have a disabled parking
20 permit from other parts of the state who wish
21 to go to the city for their own pleasure or
22 entertainment, just because they have a
23 disability to be denied to park in one of
24 those spots, makes absolutely no sense to me.
25 To have to go there for care -- and
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1 many of my constituents have to go to the
2 great hospitals, as was mentioned by my
3 colleagues here, and they have disabled
4 license plates. Because they get their cancer
5 treatment there, they get their psychiatric
6 treatment there, or they get other treatment
7 there.
8 So on a day in which we earlier and
9 in this chamber at 3 o'clock honored the
10 obstacles that people with disabilities have
11 to overcome, we sit and fight over whether or
12 not one of those individuals who is able to
13 drive is able to have that privilege --
14 because they still can drive -- to be able to
15 park in a handicapped spot in the City of
16 New York, makes absolutely no sense to me.
17 And I think this bill should pass
18 unanimously. I vote aye.
19 ACTING PRESIDENT LITTLE: Thank
20 you, Senator Libous.
21 Senator Liz Krueger.
22 SENATOR LIZ KRUEGER: Thank you.
23 To speak on the bill again. And to clarify a
24 point that perhaps I didn't make clearly
25 enough before.
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1 This isn't a bill that would only
2 impact people who live outside of New York
3 City. This bill, if passed -- and again, I
4 don't believe it's in our best interests to do
5 so -- would also affect 65,000 people in
6 New York City.
7 So I just want to make it clear
8 this should not be played off as an
9 in-New-York-City versus outside-New-York-City
10 debate, because the City of New York currently
11 does not issue special disability parking
12 permits to 65,000 people who live in the City
13 of New York who have the state-issued permit
14 but don't meet the standard for New York
15 City's rules.
16 Second, again -- Senator Sabini
17 said it, but based on Senator Libous's
18 comments, I'm not sure he heard it -- we're
19 not talking about depriving people of the
20 right to park in disability parking spots on
21 our streets. We're talking about saying no,
22 you can't park in no-parking zones in
23 Manhattan, because we don't have on-street
24 disability parking spaces.
25 So we're talking about saying
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1 please let's not allow people to park in
2 no-parking zones, there are so many problems
3 with traffic and with parking on Manhattan
4 Island.
5 And finally, because I want to make
6 it clear, I represent the district that has
7 most of the great medical institutions that
8 you've mentioned your family members and your
9 constituents going to. And every one of them
10 has parking lots. And I will happily give you
11 the names and addresses and opening entrances
12 for each of those institutions' parking lots,
13 because the only option is not parking in
14 no-parking zones on the streets surrounding
15 those great institutions, for myself and my
16 district running from Mount Sinai all the way
17 down to Beth Israel --
18 ACTING PRESIDENT LITTLE: Senator
19 DeFrancisco, why do you rise?
20 SENATOR DeFRANCISCO: Madam
21 President, would the Senator be willing to be
22 asked a question?
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 Senator Krueger, do you yield to a
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1 question?
2 SENATOR LIZ KRUEGER: Yes, I do,
3 Madam President.
4 ACTING PRESIDENT LITTLE: Thank
5 you.
6 SENATOR DeFRANCISCO: I just
7 don't know the answer to this, and maybe you
8 can tell me.
9 Are handicapped people in the City
10 of New York allowed to park in no-parking
11 zones?
12 SENATOR LIZ KRUEGER: Only 15,000
13 out of the 65,000 who have been issued the
14 state disability permit. The city has a
15 stricter review it goes through, and it has
16 only issued those license plate IDs to 15,000.
17 And, yes, if they are attempting to
18 park on the streets of New York City, they are
19 not parking in disabled parking spaces, they
20 are parking in no-parking zones.
21 SENATOR DeFRANCISCO: Would she
22 answer another question, please.
23 ACTING PRESIDENT LITTLE: Senator
24 Krueger, do you yield again?
25 SENATOR LIZ KRUEGER: Yes, I
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1 will, Madam President.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 SENATOR DeFRANCISCO: And the
5 second question is, how does one get the
6 special parking permit? What do you -- how --
7 is the severity of the disability? Or how
8 does one get one of those 15,000 as opposed to
9 those that are handicapped that don't?
10 SENATOR LIZ KRUEGER: It's issued
11 through the city, both at the Bellevue
12 Hospital Center and through the Department of
13 Health and Mental Retardation.
14 And I can get you more detailed
15 information about the exact process, but it
16 does involve a physician's sign-off on
17 documents.
18 SENATOR DeFRANCISCO: Okay, thank
19 you.
20 SENATOR LIZ KRUEGER: Thank you.
21 Thank you, Madam President.
22 ACTING PRESIDENT LITTLE: Thank
23 you, Senator Krueger.
24 Thank you. Senator Diaz.
25 SENATOR DIAZ: Thank you, Madam
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1 President. Will the sponsor yield for one
2 simple question?
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Marcellino, will you yield?
6 SENATOR MARCELLINO: Yes.
7 ACTING PRESIDENT LITTLE: The
8 Senator yields.
9 SENATOR DIAZ: Thank you.
10 Senator Marcellino, obviously this
11 is a bill that impacts the City of New York.
12 Did you consult the New York City Department
13 of Transportation or the office of the mayor
14 in this bill?
15 SENATOR MARCELLINO: I don't
16 believe we contacted, except to get
17 information from them as to the number of
18 spaces and the like, availability, were
19 available for parking, no.
20 Because this bill -- Senator, this
21 bill does not just impact the City of
22 New York. Handicapped parking, there are
23 no -- in no place that I know are there enough
24 handicapped parking spaces for people who need
25 them. Nor are there -- is there one permit --
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1 there's no such thing as one permit for
2 available space. They always issue more
3 permits than available space. And that is
4 true in the city, that is true everywhere else
5 in the state.
6 What we're just suggesting is that
7 for those people who come from Long Island or
8 upstate New York or Westchester County,
9 wherever, and who wish to enter the city and
10 find a legal parking space and they happen to
11 be handicapped, they should be able to use
12 their handicapped permit.
13 If a resident of the City of
14 New York should use his or her handicapped
15 parking space in a legal spot in Nassau County
16 or Suffolk County, where it's first-come,
17 first-served -- and it's the same way in the
18 city; it's first-come, first-served for
19 available spaces. Upstate too. There's no
20 difference -- then everybody should have
21 access. It's a matter, in my mind, of simple
22 fairness.
23 I understand what has been said
24 about the density of parking and all of the
25 problems that relate. We have the same
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1 situations in our downtowns on the Island and
2 in other areas. The same issue -- it may not
3 be as intense, but the same issue exists
4 everywhere.
5 However, what we're suggesting here
6 is that some handicapped people are more equal
7 than other handicapped people. And I don't
8 understand that. And I don't think you do
9 either. I think you agree with me that
10 fairness is the issue here, that everyone
11 should be treated equally and fairly as much
12 as we can do it.
13 The fact that there isn't enough
14 spaces in the city or other places, that's an
15 issue of another situation. That's somebody
16 else's dealings. The legal governments of
17 those areas should address those problems as
18 best they can. I suggest they probably have.
19 But we should not be adding to the
20 problem by saying if you live here, you can;
21 if you live over here, you can't access a
22 handicapped spot. It doesn't make any sense
23 to me, and I don't think it makes any sense to
24 anybody.
25 SENATOR DIAZ: Madam President,
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1 would the sponsor yield for another question,
2 please.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Marcellino, will you yield
6 for another question?
7 SENATOR MARCELLINO: Sure I will.
8 ACTING PRESIDENT LITTLE: The
9 Senator yields.
10 SENATOR DIAZ: I'm not a lawyer.
11 Lawyers use --
12 SENATOR MARCELLINO: Neither am
13 I.
14 SENATOR DIAZ: Lawyers use some
15 kind of terminology. They say prima facie.
16 So looking at the bill, it's a
17 prima facie simple thing. I think that you're
18 right, you're right. Fairness means -- if our
19 residents in New York City could park outside
20 of New York City, especially handicapped, why
21 don't we allow them -- it's easy. I think --
22 I agree with you in that part. I agree with
23 that.
24 My question comes because every
25 city mayor, borough president, or whatever
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1 deserves some kind of courtesy to be contacted
2 or to be asked or to be informed of certain
3 bills, of what we're doing to do that will
4 affect that city.
5 And me, as a representative of the
6 City of New York, sometimes, once in a while,
7 I would like to follow my mayor's lead. The
8 mayor should know best what's good for the
9 City of New York.
10 So my question was, if you haven't
11 contacted the City of New York, why don't you?
12 SENATOR MARCELLINO: Senator, I
13 don't mean to cut you off, if you're -- but we
14 have been in contact with the mayor's office,
15 we have memoed them back and forth in requests
16 for information regarding the bill and so
17 forth.
18 You're right. There is a courtesy
19 situation that you would ask permission. But
20 in this case, I don't think we had to ask
21 permission to establish fairness for our
22 citizens.
23 The city from the beginning has
24 sent memos back saying basically what I'm
25 hearing from Senator Krueger and Senator
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1 Schneiderman now, that there is a big problem
2 in the city and we can't afford to have
3 anybody else come in here and park.
4 Well, that's -- that's -- then
5 address that problem, City of New York. Or
6 any other place where it exists. I would say
7 the same thing to my supervisor or the mayor
8 of a local village. If you've got a parking
9 problem, it's your obligation to take care of
10 it.
11 But you don't exclude people from
12 using public parking.
13 SENATOR DIAZ: Thank you.
14 SENATOR MARCELLINO: And even
15 handicapped is public parking.
16 SENATOR DIAZ: Madam President,
17 on the bill.
18 ACTING PRESIDENT LITTLE: Thank
19 you. Senator Diaz, on the bill.
20 SENATOR DIAZ: I'm going to vote
21 for this bill.
22 I'm voting for this bill because I
23 think that fairness calls us to be fair, and I
24 like to be fair. And I think the sponsor is
25 calling us to be fair so people with handicaps
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1 from Long Island or other parts of the state
2 could park in the City of New York. Why can't
3 they -- you know, vice versa. So fairness is
4 fairness.
5 So I'm supporting the bill under
6 protest. I'm supporting the bill under
7 protest, because I don't have the opinion of
8 New York City Department of Transportation and
9 the New York City mayor on this bill. And I
10 think that the New York City Department of
11 Transportation and the mayor's office should
12 have been contacted to see what was their
13 reaction on this occasion. Because the mayor
14 should know best what's good for the city.
15 So thank you, Madam President.
16 ACTING PRESIDENT LITTLE: Thank
17 you, Senator Diaz.
18 Is there any other Senator who
19 wishes to speak on the bill?
20 Debate is closed.
21 The Secretary will ring the bell.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT LITTLE: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT LITTLE: Senator
4 DeFrancisco, to explain his vote.
5 SENATOR DeFRANCISCO: I just
6 quite frankly would say, in support of this
7 bill, because I'm voting yes -- and that is
8 that if you look at the reverse situation,
9 you'd see how absurd the situation is in
10 New York City.
11 We have a place, the university
12 section, where there's a couple of hospitals
13 in Syracuse. It also has the Carrier Dome
14 where there's all kinds of events. And
15 consider the possibility of the City of
16 Syracuse saying only handicapped people from
17 Syracuse could use any of the handicapped
18 spots.
19 The second part of it is -- and I
20 don't care what the City Transportation
21 Department would say about their rationale.
22 It's just unfair.
23 And, secondly, I think it's a
24 dangerous precedent when we start having
25 barriers, whether it's in Syracuse or
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1 New York, to residents freely going between
2 the two and having the same advantages.
3 ACTING PRESIDENT LITTLE: Senator
4 DeFrancisco recorded in the affirmative.
5 Senator Stavisky.
6 SENATOR STAVISKY: Madam
7 President, to explain my vote.
8 First of all, when I drive through
9 Nassau County and I see signs that say
10 "residents only," I feel a sense of exclusion.
11 Secondly, there's nothing, as I
12 read it, in the bill to -- there's nothing in
13 the existing statute to prevent someone who
14 either works in New York City or goes to
15 school in New York City but lives outside the
16 city, there's nothing to prohibit them from
17 applying for that special permit that has more
18 stringent requirements.
19 My suggestion is let us include
20 people using medical facilities as well.
21 But for that reason, I vote no.
22 ACTING PRESIDENT LITTLE: Senator
23 Stavisky recorded in the negative.
24 Senator Sabini to explain his vote.
25 SENATOR SABINI: Thank you, Madam
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1 President.
2 I'm reluctantly voting in the
3 negative. I agree with the spirit of the
4 bill, but I think it's a bad solution.
5 But I also hope that, since we
6 heard a lot about fairness, that when folks
7 from around this state talk about fairness, I
8 remind them there are some parts of this state
9 that you can live in New York City and work in
10 other parts of the state and pay a commuter
11 tax, but if you work in New York City and live
12 in other parts of the state, there is no
13 fairness.
14 Thank you.
15 ACTING PRESIDENT LITTLE: Senator
16 Sabini recorded in the negative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 117 are
21 Senators L. Krueger, Parker, Sabini,
22 Schneiderman, Serrano and Stavisky.
23 Those Senators absent from voting
24 on Calendar Number 117: Sampson and M. Smith.
25 Ayes, 52. Nays, 6.
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1 ACTING PRESIDENT LITTLE: The
2 bill is passed.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 598, by Senator Padavan, Senate --
6 SENATOR PADAVAN: Lay it aside
7 for the day.
8 ACTING PRESIDENT LITTLE: The
9 bill is laid aside for the day.
10 THE SECRETARY: Calendar Number
11 860, by Senator Alesi, Senate Print 2417, an
12 act to amend the General Business Law and the
13 Civil Practice Law and Rules.
14 ACTING PRESIDENT LITTLE: Senator
15 Schneiderman.
16 SENATOR SCHNEIDERMAN: In the
17 interests of time, I will not ask for an
18 explanation. I commend to everyone the
19 sponsor's brilliant explanation last year,
20 which still makes good reading.
21 However, I will, as I did last
22 year, vote against this bill. This is a trade
23 secrets act that would -- that would -- I'm
24 sorry, Madam President, the Greek chorus here
25 is acting up.
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1 This is a trade secrets act that
2 would provide the broadest possible definition
3 of "trade secret," meaning any form of
4 financial or business information that derives
5 economic value from the fact that it's not
6 generally known -- I think that would probably
7 cover a shortcut on a delivery route or
8 anything else -- and provides judicial
9 protection to it even if it is only alleged to
10 be a trade secret.
11 What this does is provide a broad
12 cloak to hide business information that may in
13 fact conceal issues that are of vital public
14 interest. The examples that are given in some
15 of the memos submitted in opposition to this
16 are the Firestone-Ford catastrophe, where
17 information on the lack of safety in certain
18 tires was withheld from the public. We know
19 from the litigation over smoking that it was
20 essential that some executives came forward
21 with information about the dangers of smoking,
22 the tests that been done that was being
23 withheld from the public.
24 If this bill passed, that sort of
25 whistle-blowing would be ended. This provides
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1 extraordinarily broad protection for any sort
2 of business information. And in fact, as I
3 noted last year, and several other people did,
4 all you have to do is allege a trade secret,
5 and then the court can immediately provide for
6 the preservation of secrecy.
7 What we should be doing is trying
8 to open up the process. If something is not
9 patentable, something is not trademarked,
10 something is not covered by existing
11 intellectual property rights, let's not expand
12 the universe to cover anything that someone
13 alleges is of economic value. Let's handle
14 this with a different approach.
15 There are bills that have been
16 proposed that I think are far superior to this
17 that would allow for the sunshine in
18 litigation. The Sunshine in Litigation Act is
19 what one of them is called. We don't need
20 more gag orders. We don't need more secrecy.
21 I do think this is an ill-conceived approach
22 to this problem.
23 And I don't really know that there
24 is any particular need to pass this. There
25 are contractual ways for people to provide
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1 that they keep information to themselves that
2 have been effective for decades and decades.
3 I think this is just an effort,
4 however well-intentioned, that's going to
5 result in the shielding of vital information
6 from the public and have a chilling effect on
7 whistle-blowers who currently come forward
8 with such information.
9 So I will be voting no again, Madam
10 President, and encouraging all of my
11 colleagues to do likewise.
12 ACTING PRESIDENT LITTLE: Is
13 there any Senator -- thank you.
14 Senator Alesi.
15 SENATOR ALESI: I would encourage
16 my colleagues to do just the opposite. I
17 would encourage them to vote for this bill,
18 for the very simple reason that many of the
19 things that were expressed as a concern
20 against this bill already exist in common law.
21 The main thrust behind this bill is
22 to codify it to create a uniform situation
23 which 40 states in this nation have already
24 done. We've invested literally billions of
25 dollars in high-tech, biotech and other kinds
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1 of industry that rely on trade secrets and
2 proprietary information for the provision of
3 jobs, job retention, job growth, stimulating
4 the economy.
5 And to be able to protect that
6 information, to be able to treat that kind of
7 information as a secret so that someone can't
8 simply misappropriate it -- which is the main
9 underpinning of this bill -- for their own
10 financial gain, at the expense of the company
11 that's done the research and investment -- to
12 not do this bill, like 40 other states, really
13 flies in the face of what we're trying to do
14 to expand the economy, especially in the area
15 of high-tech, which is very sensitive to trade
16 secrets.
17 So I would simply encourage my
18 colleagues to vote yes on this bill and to
19 understand that many of the concerns that my
20 colleague has raised can be addressed in other
21 fashions in common law.
22 This simply creates a uniform code
23 that 40 other states have and New York State
24 should join in and protect our businesses here
25 and create a level playing field for them so
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1 that they don't feel as though they have to go
2 somewhere else to be protected under more
3 sensible legislation.
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator Alesi.
6 Is there any other Senator wishing
7 to be heard?
8 The debate is closed.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT LITTLE: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT LITTLE: The
17 Secretary will announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 860 are
20 Senators Breslin, Brown, Connor, Duane,
21 Hassell-Thompson, L. Krueger, Morahan,
22 Onorato, Parker, Paterson, Sabini, Savino,
23 Schneiderman, Serrano, A. Smith, Stachowski
24 and Stavisky.
25 Those absent from voting on
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1 Calendar Number 860: Senators Sampson and
2 M. Smith.
3 Ayes, 41. Nays, 17.
4 ACTING PRESIDENT LITTLE: The
5 bill is passed.
6 Senator Skelos, that completes the
7 controversial reading of the calendar.
8 SENATOR SKELOS: Thank you, Madam
9 President.
10 Is there any further business to
11 come before the Senate?
12 ACTING PRESIDENT LITTLE: No,
13 there is not, Senator Skelos.
14 SENATOR SKELOS: There being
15 none, I move we stand adjourned until
16 Wednesday, May 25th, at 11:00 a.m.
17 ACTING PRESIDENT LITTLE: On
18 motion, the Senate stands adjourned until
19 Wednesday, May 25th, at 11:00 a.m.
20 (Whereupon, at 4:55 p.m., the
21 Senate adjourned.)
22
23
24
25
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