Regular Session - June 1, 2005
3137
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 1, 2005
11 3:05 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 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: 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 Tuesday, May 31, the Senate met pursuant to
18 adjournment. The Journal of Monday, May 30,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Senator Skelos.
25 SENATOR SKELOS: Madam President,
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1 there will be an immediate meeting of the
2 Rules Committee in the Majority Conference
3 Room.
4 THE PRESIDENT: There will be an
5 immediate meeting of the Rules Committee in
6 the Majority Conference Room.
7 Presentation of petitions.
8 Messages from the Assembly.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Motions and resolutions.
13 Senator Meier.
14 SENATOR MEIER: Thank you, Madam
15 President.
16 On behalf of Senator Winner, please
17 place a sponsor's star on his bill, Calendar
18 Number 1170.
19 THE PRESIDENT: So ordered.
20 SENATOR MEIER: Thank you, Madam
21 President.
22 On behalf of Senator DeFrancisco, I
23 wish to call up his bill, Print Number 4847,
24 recalled from the Assembly, which is now at
25 the desk.
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: Calendar Number
4 865, by Senator DeFrancisco, Senate Print
5 4847, an act to amend Chapter 231 of the Laws
6 of 1998.
7 SENATOR MEIER: Madam President,
8 I now move to reconsider the vote by which
9 this bill was passed.
10 THE PRESIDENT: The Secretary
11 will call the roll upon reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 40.
14 SENATOR MEIER: Madam President,
15 I now offer the following amendments.
16 THE PRESIDENT: The amendments
17 are received.
18 SENATOR MEIER: Thank you, Madam
19 President.
20 THE PRESIDENT: Senator Bonacic.
21 SENATOR BONACIC: Thank you,
22 Madam President.
23 On behalf of Senator Spano, I offer
24 the following amendments on page number 55,
25 Calendar 1033, Senate Print Number 5115, and
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1 ask that the bill retain its place on the
2 Third Reading Calendar.
3 THE PRESIDENT: The amendments
4 are received, and the bill will retain its
5 place on the Third Reading Calendar.
6 SENATOR BONACIC: Continuing,
7 Madam President, on behalf of myself, on
8 page 50, I offer the following amendment to
9 Calendar Number 978, Senate Print Number 5175,
10 and ask that that bill retain its place on the
11 Third Reading Calendar.
12 THE PRESIDENT: That amendment is
13 received, and that bill will also retain its
14 place on the Third Reading Calendar.
15 SENATOR BONACIC: Thank you,
16 Madam President.
17 THE PRESIDENT: You're welcome.
18 Senator Meier.
19 SENATOR MEIER: Madam President,
20 are there any substitutions at the desk?
21 THE PRESIDENT: Yes, there are,
22 Senator.
23 SENATOR MEIER: Could we have the
24 substitutions read.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: On page 5,
3 Senator Golden moves to discharge, from the
4 Committee on Rules, Assembly Bill Number 7709
5 and substitute it for the identical Senate
6 Bill Number 5298, Second Report Calendar 1292.
7 On page 8, Senator Nozzolio moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 7410B and substitute it
10 for the identical Senate Bill Number 4356B,
11 Second Report Calendar 1322.
12 On page 17, Senator Flanagan moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 5209 and substitute it
15 for the identical Senate Bill Number 2803,
16 Third Reading Calendar 330.
17 On page 20, Senator Skelos moves to
18 discharge, from the Committee on Crime
19 Victims, Crime and Correction, Assembly Bill
20 Number 2664 and substitute it for the
21 identical Senate Bill Number 493A, Third
22 Reading Calendar 410.
23 On page 22, Senator Alesi moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 7534 and substitute it
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1 for the identical Senate Bill Number 2397,
2 Third Reading Calendar 482.
3 On page 30, Senator Alesi moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 3156 and substitute it
6 for the identical Senate Bill Number 966A,
7 Third Reading Calendar 654.
8 On page 30, Senator Golden moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 6878A and substitute it
11 for the identical Senate Bill Number 3977A,
12 Third Reading Calendar 677.
13 On page 31, Senator Maziarz moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 748 and substitute it for
16 the identical Senate Bill Number 4806, Third
17 Reading Calendar 686.
18 On page 34, Senator Morahan moves
19 to discharge, from the Committee on Rules,
20 Assembly Bill Number 7089 and substitute it
21 for the identical Senate Bill Number 1502,
22 Third Reading Calendar 740.
23 On page 37, Senator Leibell moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 7458 and substitute it
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1 for the identical Senate Bill Number 5167,
2 Third Reading Calendar 790.
3 On page 43, Senator Hannon moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 8105 and substitute it
6 for the identical Senate Bill Number 4331,
7 Third Reading Calendar 876.
8 On page 47, Senator Farley moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 329A and substitute it
11 for the identical Senate Bill Number 290A,
12 Third Reading Calendar 931.
13 On page 48, Senator Robach moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 6424 and substitute it
16 for the identical Senate Bill Number 3357,
17 Third Reading Calendar 940.
18 On page 55, Senator Maltese moves
19 to discharge, from the Committee on Rules,
20 Assembly Bill Number 4362 and substitute it
21 for the identical Senate Bill Number 2178,
22 Third Reading Calendar 1027.
23 On page 58, Senator Rath moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 3796 and substitute it
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1 for the identical Senate Bill Number 4880,
2 Third Reading Calendar 1069.
3 On page 59, Senator Robach moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 7195 and substitute it
6 for the identical Senate Bill Number 2873,
7 Third Reading Calendar 1078.
8 On page 65, Senator Seward moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 8166 and substitute it
11 for the identical Senate Bill Number 4095,
12 Third Reading Calendar 1147.
13 On page 66, Senator Larkin moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 7649 and substitute it
16 for the identical Senate Bill Number 4641,
17 Third Reading Calendar 1157.
18 On page 67, Senator Robach moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 8182 and substitute it
21 for the identical Senate Bill Number 5345,
22 Third Reading Calendar 1167.
23 On page 70, Senator Seward moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 7695 and substitute it
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1 for the identical Senate Bill Number 4422,
2 Third Reading Calendar 1189.
3 On page 72, Senator Balboni moves
4 to discharge, from the Committee on Rules,
5 Assembly Bill Number 7959 and substitute it
6 for the identical Senate Bill Number 5403,
7 Third Reading Calendar 1207.
8 On page 73, Senator Morahan moves
9 to discharge, from the Committee on Rules,
10 Assembly Bill Number 8052 and substitute it
11 for the identical Senate Bill Number 4874,
12 Third Reading Calendar 1223.
13 On page 75, Senator Marcellino
14 moves to discharge, from the Committee on
15 Rules, Assembly Bill Number 8291 and
16 substitute it for the identical Senate Bill
17 Number 5436, Third Reading Calendar 1234.
18 And on page 77, Senator Flanagan
19 moves to discharge, from the Committee on
20 Rules, Assembly Bill Number 966 and substitute
21 it for the identical Senate Bill Number 2797,
22 Third Reading Calendar 1253.
23 THE PRESIDENT: Substitutions
24 ordered.
25 Senator Skelos.
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1 SENATOR SKELOS: Madam President,
2 if we could adopt the Resolution Calendar,
3 with the exception of Resolution 2216.
4 THE PRESIDENT: All in favor of
5 so adopting the Resolution Calendar please
6 signify by saying aye.
7 (Response of "Aye.")
8 THE PRESIDENT: Opposed, nay.
9 (No response.)
10 THE PRESIDENT: The Resolution
11 Calendar is so adopted.
12 Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 if we could take up Resolution 2216, by
15 Senator Rath, have the title read and move for
16 its immediate adoption.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: By Senator Rath,
20 Legislative Resolution Number 2216,
21 congratulating 11-year-old Katie Brownell, who
22 plays baseball in a boys Little League, upon
23 the occasion of pitching a perfect game.
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Move the
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1 resolution, please.
2 THE PRESIDENT: All in favor of
3 the resolution please signify by saying aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The resolution is
8 adopted.
9 Senator Skelos.
10 SENATOR SKELOS: If we could open
11 that resolution up for cosponsorship. If
12 anybody wishes not to sponsor the resolution,
13 please notify the desk.
14 THE PRESIDENT: Any member who
15 does not wish to cosponsor the last resolution
16 please notify the desk.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could go back to reports of standing
20 committees, I believe there's a report of
21 Finance Committee at the desk. I ask that it
22 be read at this time.
23 THE PRESIDENT: Reports of
24 standing committees.
25 The Secretary will read.
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1 THE SECRETARY: Senator Johnson,
2 from the Committee on Finance, reports the
3 following nominations.
4 As a member of the Workers'
5 Compensation Board, Candace Kellogg Finnegan,
6 of Garrison.
7 THE PRESIDENT: Senator Johnson.
8 SENATOR JOHNSON: Move the
9 nomination.
10 THE PRESIDENT: Senator Leibell.
11 SENATOR LEIBELL: Thank you,
12 Madam President.
13 I'm very pleased to rise and
14 support this nomination. I've had the good
15 fortune to know Candace for some time and know
16 her family and consider them to believe fine
17 and dear friends. We're most fortunate that
18 the Governor has sent this name up to us,
19 because she is certainly well qualified to
20 fill this very important position.
21 So I would ask, Madam President,
22 that we move this nomination.
23 Thank you.
24 THE PRESIDENT: All in favor of
25 the nomination of Candace Kellogg Finnegan, of
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1 Garrison, for a term to expire December 31,
2 2010, on the New York State Workers'
3 Compensation Board, please signify by saying
4 aye.
5 (Response of "Aye.")
6 THE PRESIDENT: Opposed, nay.
7 (No response.)
8 THE PRESIDENT: The nominee is
9 hereby confirmed.
10 And Candace Kellogg Finnegan is
11 here present today.
12 Congratulations and best wishes to
13 you on the Workers' Compensation Board.
14 (Applause.)
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: As a member of
18 the Workers' Compensation Board, Robert M.
19 Zinck, of Henrietta.
20 THE PRESIDENT: Senator Johnson.
21 SENATOR JOHNSON: Move the
22 nomination.
23 THE PRESIDENT: All in favor of
24 the nomination of Robert M. Zinck, of
25 Henrietta, to be a member for a term to expire
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1 December 31, 2007, on the New York State
2 Workers' Compensation Board, please signify by
3 saying aye.
4 (Response of "Aye.")
5 THE PRESIDENT: Opposed, nay.
6 (No response.)
7 THE PRESIDENT: The nominee is
8 hereby confirmed.
9 And the nominee is here, Robert M.
10 Zinck of Henrietta is here.
11 And we want to congratulate you and
12 wish you success in your term.
13 (Applause.)
14 THE PRESIDENT: The Secretary
15 will continue to read.
16 THE SECRETARY: As a member of
17 the Metropolitan Transportation Authority,
18 Francis H. Powers, of Staten Island.
19 THE PRESIDENT: Senator Johnson.
20 SENATOR JOHNSON: Move the
21 nomination.
22 THE PRESIDENT: Senator Golden.
23 SENATOR GOLDEN: Thank you, Madam
24 President.
25 I rise to second the nomination and
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1 to move the nomination of Francis Powers to
2 the MTA authority.
3 Francis is a good man. Frank grew
4 up in Brooklyn, moved to Staten Island and
5 went to Wall Street. He revolutionized the
6 back offices of Wall Street and did a great
7 job of moving Wall Street forward in the '70s
8 and '80s.
9 He's also a remarkable man in all
10 the work that he's been able to do in the
11 not-for-profit world, in taking leadership
12 roles and making them extremely successful.
13 So he'll be a great man for the
14 MTA, and I hope that we move this appointment
15 today.
16 Thank you.
17 THE PRESIDENT: Senator Marchi.
18 SENATOR MARCHI: Madam President,
19 I was very pleased and delighted to see my
20 colleague spring to his feet. Of course he's
21 a lot younger than I am, with more spring in
22 his feet. But he made a most felicitous
23 nomination.
24 Frank Powers is a name that evokes
25 and elicits respect around Staten Island. He
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1 is known for his determination to get a job
2 done. And he knows how important this is --
3 as does my distinguished colleague -- to
4 Staten Island, to have someone in the
5 metropolitan vehicle for realizing the dreams
6 and the fidelity with which that area is
7 served, be well-protected.
8 And we will be well-protected with
9 Frank Powers. Frank Powers has been a leader
10 in so many local matters, as chairman of the
11 board of governors of the Staten Island Arts
12 and Sciences, as president of the Staten
13 Island Academy, board of trustees of
14 St. Vincent Hospital.
15 Madam President, when you just
16 examine the great variety that Frank Powers
17 has meant, service of a particularly special
18 flavor and effectiveness, it's not just an
19 assignment to him, or an adornment. It's a
20 challenge to bring to the people of that
21 community the full service of the respect that
22 it -- that they're entitled to have.
23 So I know that my colleague joins
24 me, so that we have -- you will have two
25 different arms out there cheering you on in
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1 your efforts to do justice to an area which is
2 far removed. We're out in the Atlantic Ocean,
3 Madam President. We hope to have you down
4 very often, even though we are out in the
5 ocean. And I'm sure he'd be there to protect
6 you.
7 In any event, I'm so pleased to see
8 this nomination come to the floor. And not
9 only what it means for the welfare of the
10 people of Staten Island, but also it's a way
11 of telling him that we are grateful for the
12 service that he has rendered to that community
13 over the years, important service, leadership
14 services. And that that will be continued in
15 an island that's out there in the middle of
16 the Atlantic Ocean.
17 So I know that I'm enlarging on the
18 vastness of the dimension of his
19 responsibility. But that is as it should be,
20 because I know it will be worthy of
21 fulfillment, given his propensity for taking
22 good care of the assumptions and really
23 treasured opportunities that he recognizes for
24 public service.
25 So again, Madam President, I know
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1 that you will be presiding over a very
2 fortuitous event, and we all rejoice in that
3 fact.
4 THE PRESIDENT: Senator
5 Montgomery.
6 SENATOR MONTGOMERY: Thank you,
7 Madam President.
8 I rise to join my colleagues in
9 seconding the nomination of Mr. Powers in
10 particular, but certainly also Mr. Vrooman.
11 And in Mr. Powers' case, although
12 he now unfortunately lives in Staten Island,
13 he did reside in Brooklyn, Brooklyn is really
14 his home, and he still has family members who
15 are in my district. And so I really feel that
16 I'm representing them.
17 On their behalf, I want to commend
18 and congratulate you for this appointment.
19 And I know of the extensive experience that
20 you have and that you bring to the MTA. And
21 certainly part of the greatness of New York
22 City is related to the wonderful public
23 transportation system that works 24 hours,
24 seven days a week.
25 So this is a very, very important
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1 appointment to all of us who represent
2 New York City, but especially me in Brooklyn.
3 And I look forward to working with you as you
4 try to be creative, as creative as possible,
5 in fixing this system so that we don't have
6 the problems related to financing it, but also
7 that we create an MTA that looks more like a
8 public participation authority, that we work
9 together as partners in all that you do.
10 So thank you and congratulations to
11 you, Mr. Powers.
12 THE PRESIDENT: The question is
13 on the nomination of Francis H. Powers, of
14 Staten Island, for a term as a member of the
15 Metropolitan Transportation Authority. All in
16 favor please signify by saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The nominee is
21 hereby confirmed.
22 And he is here today with his wife,
23 Diane.
24 Congratulations and best wishes.
25 (Applause.)
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1 THE PRESIDENT: The Secretary
2 will continue to read.
3 THE SECRETARY: As a member of
4 the Metropolitan Transportation Authority,
5 Edward A. Vrooman, of Garrison.
6 THE PRESIDENT: Senator Johnson.
7 SENATOR JOHNSON: Move the
8 nomination.
9 THE PRESIDENT: Senator Leibell.
10 SENATOR LEIBELL: Thank you,
11 Madam President.
12 I rise also on Ed Vrooman. Ed
13 Vrooman is being reappointed to a very
14 important position. He has served for some
15 time now and has served with great distinction
16 as a member of this board. It's a difficult
17 board to serve on. It's a complex one, and
18 certainly one that is in the spotlight
19 frequently, I think it's safe to say.
20 But we're grateful for your
21 service, Ed. You've done a tremendous job. I
22 would urge my colleagues to support this
23 nomination. We need your continued efforts on
24 that board.
25 THE PRESIDENT: The question is
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1 on the nomination of Edward A. Vrooman, of
2 Garrison, for a term as a member of the
3 Metropolitan Transportation Authority.
4 All in favor please signify by
5 saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The nominee is
10 hereby confirmed.
11 And he is here today with his wife,
12 Linda.
13 Congratulations and best wishes for
14 success.
15 (Applause.)
16 THE PRESIDENT: The Secretary
17 will continue to read.
18 THE SECRETARY: As commissioner
19 of the State Insurance Fund, Eugene C.
20 Mazzola, of Webster.
21 As banking member of the State
22 Banking Board, Thomas Siciliano, of Commack.
23 As public member of the State
24 Banking Board, Frederick N. Antalek, of
25 Beacon.
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1 As members of the Board of Trustees
2 of the State University of New York College of
3 Environmental Science and Forestry, Heidi J.
4 Busa, of Skaneateles; Daniel Fitts, of Lake
5 Placid; Gregory Harden, of McConnellsville;
6 Robert E. Moses, of Marietta; and Stephen F.
7 Sloan, of West Fulton.
8 As a member of the Advisory Council
9 on Alcoholism and Substance Abuse Services,
10 Peggy Pezzimenti Keller, of Olean.
11 As a member of the Minority Health
12 Council, Ronald Perry, of New York.
13 As members of the Public Health
14 Council, Robert W. Hurlbut, of Rochester, and
15 Herbert H. Friedman, of Lawrence.
16 As a member of the State Hospital
17 Review and Planning Council, Joseph A.
18 Crisafulli, of Loudonville.
19 As a member of the Board of
20 Visitors of the Central New York Developmental
21 Disabilities Services Office, John P. McCrea,
22 of Jamesville.
23 And as a member of the Board of
24 Visitors of the Western New York Developmental
25 Disabilities Services Office, Therese M. Mudd,
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1 of Lewiston.
2 THE PRESIDENT: The question is
3 on the list of nominees to be confirmed as
4 read by the Secretary. All in favor please
5 signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The nominees are
10 all hereby confirmed.
11 The Secretary will read.
12 THE SECRETARY: Senator Bruno,
13 from the Committee on Rules, reports the
14 following bill direct to third reading:
15 Senate Print 5110A, by Senator
16 Spano, an act to amend the Arts and Cultural
17 Affairs Law.
18 THE PRESIDENT: Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 move to accept the report of the Rules
21 Committee.
22 THE PRESIDENT: All in favor of
23 accepting the report of the Rules Committee
24 please signify by saying aye.
25 (Response of "Aye.")
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1 THE PRESIDENT: Opposed, nay.
2 (No response.)
3 THE PRESIDENT: The report of the
4 Rules Committee is adopted.
5 Senator Skelos.
6 SENATOR SKELOS: Madam President,
7 if we could go to the noncontroversial reading
8 of the calendar.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 110, by Senator Hannon, Senate Print 758, an
13 act to amend the Public Health Law, in
14 relation to providing.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 434, by Senator Young, Senate Print 3427, an
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1 act in relation to adjusting certain state aid
2 payments.
3 THE PRESIDENT: There is a local
4 fiscal impact note at the desk.
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 57.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 549, by Senator Volker, Senate Print 4004, an
15 act to allow a filing for state aid.
16 THE PRESIDENT: There is a local
17 fiscal impact note at the desk.
18 Read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect July 1, 2005.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 650, by Senator Volker, Senate Print 4098A, an
3 act in relation to adjusting certain state aid
4 payments.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 820, by Senator Leibell, Senate Print 4728, an
16 act to amend the Not-For-Profit Corporation
17 Law, in relation to dissolution.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 7. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57. Nays,
25 1. Senator Duane recorded in the negative.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 835, by Senator Farley, Senate Print 4299, an
5 act to amend the Banking Law and the General
6 Business Law, in relation to business.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 885, by Senator Farley, Senate Print 3566, an
18 act to amend the Criminal Procedure Law, in
19 relation to authorizing.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 889, by Senator DeFrancisco, Senate Print
6 4022, an act to amend the Criminal Procedure
7 Law, in relation to permitting.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 890, by Senator Volker, Senate Print 4023, an
19 act to amend the Criminal Procedure Law and
20 the Family Court Act, in relation to the
21 delivery.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 892, by Senator DeFrancisco, Senate Print
8 4051, an act to amend the Criminal Procedure
9 Law, in relation to service.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of January
14 next succeeding.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 895, by Senator Volker, Senate Print 4207, an
22 act to repeal subdivision 6 of section 60.35.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 914, by Senator Robach, Senate Print 4401, an
9 act to amend the Administrative Code of the
10 City of New York, in relation to variable
11 annuity.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 916, by Senator Golden, Senate Print 4699, an
23 act to amend the Administrative Code of the
24 City of New York, in relation to ensuring.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 917, by Senator Robach, Senate Print 4767, an
11 act to amend the Administrative Code of the
12 City of New York, in relation to
13 transferred-contributors.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 924, by Member of the Assembly Bradley,
25 Assembly Print Number 2619, an act to amend
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1 the Public Authorities Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 956, by Senator Little, Senate Print 4916, an
13 act to amend the General Municipal Law, in
14 relation to balancing.
15 THE PRESIDENT: Read the last
16 section.
17 SENATOR LIZ KRUEGER: Lay it
18 aside.
19 THE PRESIDENT: The bill is laid
20 aside.
21 THE SECRETARY: Calendar Number
22 958, by Member of the Assembly Gunther,
23 Assembly Print Number 1683, an act to amend
24 the Real Property Tax Law, in relation to
25 providing.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 967, by Senator Little, Senate Print 1183, an
12 act to amend Chapter 30 of the Laws of 1985,
13 relating to persons.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 968, by Senator Winner, Senate Print 2453, an
25 act to amend the Education Law, in relation to
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1 certain contracts.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 969, by Senator LaValle, Senate Print 4333A,
13 an act to amend the Education Law, in relation
14 to establishing.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Senator Stavisky,
22 to explain your vote.
23 SENATOR STAVISKY: To explain my
24 vote, Madam President.
25 I thank Senator LaValle, in his
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1 absence, for including representation by the
2 minority on the commission, and I vote aye.
3 THE PRESIDENT: You will be so
4 recorded as voting in the affirmative.
5 The Secretary will announce the
6 results.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 980, by Senator Winner, Senate Print 1244, an
13 act to amend the Alcoholic Beverage Control
14 Law and the Vehicle and Traffic Law, in
15 relation to the imposition.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of
20 November.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57. Nays,
24 2. Senators Duane and Montgomery recorded in
25 the negative.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 982, by Senator Hannon, Senate Print 4569, an
5 act to amend the Public Health Law and the
6 General Business Law, in relation to
7 requiring.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 120th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58. Nays,
15 1. Senator DeFrancisco recorded in the
16 negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 991, by Senator Maziarz, Senate Print 208, an
21 act to amend the Executive Law, in relation to
22 creating and authorizing.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1005, by Senator LaValle, Senate Print 5205,
9 an act to amend the Executive Law, in relation
10 to accreditation.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1016, by Senator Balboni, Senate Print 4985,
22 an act to amend the General Business Law, in
23 relation to payment.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1019, by Senator Fuschillo, Senate Print --
10 SENATOR SKELOS: Lay it aside for
11 the day, please.
12 THE PRESIDENT: The bill is laid
13 aside for the day.
14 THE SECRETARY: Calendar Number
15 1023, by Senator Padavan, Senate Print 544A,
16 an act to amend the Penal Law, in relation to
17 possession.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the first of
22 November.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1027, substituted earlier today by Member of
5 the Assembly Abbate, Assembly Print Number
6 4362, an act to amend the Penal Law and the
7 Administrative Code of the City of New York.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58. Nays,
15 1. Senator Duane recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1035, by Senator Nozzolio, Senate Print 5289,
20 an act to amend the Penal Law, in relation to
21 the crime of aggravated harassment.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of
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1 November.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1035 are
6 Senators Duane, Hassell-Thompson, L. Krueger
7 and Montgomery.
8 Ayes, 55. Nays, 4.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1042, by Senator Marcellino, Senate Print
13 3569, an act to amend the Environmental
14 Conservation Law and others, in relation to
15 establishing.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 16. This
19 act shall take effect on the 180th day.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 1051, by Senator Balboni, Senate Print 931, an
2 act to amend the Vehicle and Traffic Law, in
3 relation to aggravated unlicensed operation.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58. Nays,
11 1. Senator Hassell-Thompson recorded in the
12 negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1058, by Senator Winner, Senate Print 3640, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to towing of disabled vehicles.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1197, by Senator Bruno, Senate Print 4710, an
5 act to amend the Highway Law, in relation to
6 designating.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1205, by Senator Nozzolio, Senate Print 4358,
18 an act to amend the Real Property Tax Law, in
19 relation to veterans.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1234, substituted earlier today by Member of
6 the Assembly Abbate, Assembly Print Number
7 8291, an act to amend the Retirement and
8 Social Security Law and others, in relation to
9 providing death benefits.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1328, by Senator Spano, Senate Print 5110A, an
21 act to amend the Arts and Cultural Affairs
22 Law, in relation to resale pricing.
23 SENATOR MONTGOMERY: Lay it
24 aside.
25 THE PRESIDENT: The bill is laid
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1 aside.
2 Senator Skelos, that completes the
3 reading of the noncontroversial calendar.
4 SENATOR SKELOS: Thank you, Madam
5 President. If we could go to the
6 controversial reading of the calendar.
7 THE PRESIDENT: The Secretary
8 will read.
9 SENATOR SKELOS: Well, maybe we
10 can ring the bells to alert the members first
11 that we're going to the controversial
12 calendar.
13 THE PRESIDENT: The Secretary
14 will ring the bell, and the members should
15 return to their seats.
16 SENATOR SKELOS: Madam President,
17 can we begin the controversial reading of the
18 calendar with Calendar Number 1328.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 1328, by Senator Spano, Senate Print 5110A, an
23 act to amend the Arts and Cultural Affairs
24 Law.
25 SENATOR SCHNEIDERMAN:
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1 Explanation.
2 THE PRESIDENT: Senator Spano, an
3 explanation has been requested.
4 SENATOR SPANO: Madam President,
5 this bill continues the current law on ticket
6 scalping, with some changes, some changes that
7 were meant -- that change the current law that
8 currently hurts consumers in this state, that
9 forces our consumers into back alleys to
10 purchase tickets from the brokers.
11 So we extend the current law on
12 venues less than 6,000 seats and put
13 provisions in the law to increase the prices
14 for the fees for ticket brokers. It puts
15 protections in the law that currently do not
16 exist for eBay or eTicket type of purchases or
17 Internet sales.
18 THE PRESIDENT: Senator
19 Schneiderman.
20 SENATOR SCHNEIDERMAN: If the
21 sponsor would yield for a few questions.
22 THE PRESIDENT: Senator Spano,
23 will you yield for a question?
24 SENATOR SPANO: Yes.
25 THE PRESIDENT: You may proceed,
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1 Senator.
2 SENATOR SCHNEIDERMAN: This bill
3 repeals the current limitation placed on the
4 maximum price at which a ticket may be sold
5 for an event at a venue with a seating
6 capacity of 6,000 seats or greater, does it
7 not?
8 SENATOR SPANO: That's correct.
9 SENATOR SCHNEIDERMAN: How does
10 repealing the limitation on the maximum price
11 at which a ticket can be sold help to protect
12 consumers?
13 SENATOR SPANO: Currently, it's
14 happening right now, Senator, there are --
15 what we did was, because we have a law that
16 is -- that we're sandwiched between
17 Connecticut and New Jersey, which has a free
18 market, our consumers are purchasing these
19 tickets, people are selling the tickets in
20 violation of the law. Ticket brokers are
21 operating outside of the state of New York or
22 sometimes in the state of New York with an
23 800 number that might be located in
24 New Jersey.
25 And this will provide some
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1 protection for consumers. It's about
2 free-market pricing with regard to venues with
3 6,000 seats or more. But it puts us in a
4 level playing field with our neighboring
5 states.
6 SENATOR SCHNEIDERMAN: Through
7 you, Madam President, if the sponsor would
8 continue to yield.
9 THE PRESIDENT: Senator Spano, do
10 you yield for a question again?
11 SENATOR SPANO: Yes.
12 THE PRESIDENT: You may proceed,
13 Senator.
14 SENATOR SCHNEIDERMAN: Well, if
15 the objective is to have free-market pricing,
16 why should we have a ticket scalping law at
17 all? If the argument is that the free market
18 works, why are we doing anything to try and
19 limit the depredations of these insidious
20 ticket scalpers in their back alleys?
21 SENATOR SPANO: Actually, it's an
22 interesting debate. And it's a debate that we
23 would like to engage you on if we can get the
24 Assembly to concur.
25 There are many people on this side
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1 of the aisle that are for a free market, that
2 we should eliminate the entire law with
3 respect to ticket brokers and allow the law of
4 supply and demand to dictate the costs of the
5 tickets.
6 This bill represents a negotiated
7 agreement between the Assembly and this house
8 that I think provides the protections for our
9 consumers, that allows for our ticket brokers
10 who are currently operating outside of the
11 state of New York to come back into the
12 jurisdiction of the state of New York, and
13 puts in place some much-needed protections
14 with regard to Internet sales and eBay sales
15 as well.
16 SENATOR SCHNEIDERMAN: Thank you.
17 Through you, Madam President, if
18 the sponsor would continue to yield.
19 THE PRESIDENT: Senator Spano, do
20 you yield for a question?
21 SENATOR SPANO: Yes.
22 THE PRESIDENT: You may proceed,
23 Senator.
24 SENATOR SCHNEIDERMAN: So I just
25 want to make sure I'm not misunderstanding
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1 what you're saying.
2 Is it your position that we should
3 be moving more towards the deregulation of
4 this market and that the compromise is that
5 the Assembly insisted on some remaining
6 protections?
7 SENATOR SPANO: It's my position
8 that the current law is not working for the
9 consumers, that this law provides a level
10 playing field for consumers in this state,
11 continues the current law with regard to
12 ticket scalping for venues of less than 6,000,
13 and puts some protections out there in place
14 for the people who need that type of help.
15 SENATOR SCHNEIDERMAN: Thank you.
16 If the sponsor would continue to
17 yield.
18 SENATOR SPANO: Sure.
19 THE PRESIDENT: Senator Spano
20 does yield. You may proceed.
21 SENATOR SCHNEIDERMAN: This law
22 has been in effect, I believe, since 1991.
23 Have you held any public hearings on this
24 issue of why we have this enforcement problem?
25 Because it's really an enforcement problem,
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1 you're saying people are just not complying
2 with the law.
3 Have you had any hearings on this
4 enforcement problem?
5 SENATOR SPANO: There were a
6 number of hearings that were held by the
7 Assembly committee that we were able to
8 monitor.
9 We listened to and monitored
10 testimony that was presented by
11 representatives of the ticket brokers, by the
12 Internet, StubHub, eBay, the theater district,
13 Ticketmaster. All of those individuals
14 presented testimony at that hearing, and we
15 took all of that into account as we developed
16 this legislation.
17 SENATOR SCHNEIDERMAN: Through
18 you, Madam President. So the Assembly held
19 hearings, but the Senate has not held
20 hearings?
21 SENATOR SPANO: What we did was
22 monitor the work of the Assembly in the most
23 efficient way that we can, learned from some
24 of the testimony that was presented at their
25 hearings.
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1 SENATOR SCHNEIDERMAN: Thank you.
2 Thank the sponsor.
3 Through you, Madam President, on
4 the bill.
5 THE PRESIDENT: You may proceed
6 on the bill.
7 SENATOR SCHNEIDERMAN: I'll take
8 that as a yes.
9 The difficulty I have with this
10 piece of legislation is that it essentially
11 acknowledges that we have an enforcement
12 problem, that people are violating a law
13 designed to protect consumers, and says, Well,
14 people are violating our law, so we have to
15 give up.
16 The Senate has not held hearings on
17 the issue. This law has been in effect a long
18 time, and I think it does provide an important
19 protection. This is an area in which, if you
20 don't have any regulation, we know that it's
21 possible for scalpers to buy up tickets to
22 events and there's really no way to limit
23 their activities.
24 If there's no law against them
25 doing that and then reselling it, the problem
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1 is likely, in my view, to become worse and not
2 improve as a result of these changes.
3 We have a law that's in effect that
4 clearly has enforcement issues. I would urge
5 that the right course of action is for the
6 Senate to conduct hearings focused on the
7 enforcement issues and looking at other states
8 where they have had more successful efforts to
9 regulate ticket scalping.
10 But that this bill, just by
11 repealing the maximum price, essentially is
12 capitulation. And I don't think it's the best
13 way to protect consumers. I think it is a
14 step in the wrong direction.
15 And to the extent that my
16 colleagues on the other side of the aisle in
17 this house are advocating that we should end
18 all the restrictions in this area altogether,
19 I think this is an area of law, like antitrust
20 law and other consumer protection laws, where
21 some government intervention is necessary,
22 because we're dealing here with a scarce
23 resource.
24 I think consumers are entitled to
25 some protection. I don't think ticket
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1 scalpers should be able to buy up all the
2 tickets to an event and then triple or
3 quadruple the price. And therefore, because
4 of these flaws, I think I'm going to be
5 constrained to vote no.
6 I realize it's a difficult issue
7 and that negotiating a bill out at the last
8 minute makes life difficult. I don't know why
9 we waited until the last minute. This is
10 something that's been called to our attention
11 by other public agencies, by the attorney
12 general a long time ago, and it is something
13 we should have dealt with before we were right
14 up on the deadline.
15 So I will be voting no, Madam
16 President. Thank you.
17 THE PRESIDENT: Does any other
18 member wish to be heard?
19 Senator Krueger.
20 SENATOR LIZ KRUEGER: Thank you.
21 If the sponsor would yield, please, to a
22 question.
23 THE PRESIDENT: Senator Spano,
24 will you yield for a question?
25 SENATOR SPANO: Sure.
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1 THE PRESIDENT: You may proceed,
2 Senator.
3 SENATOR LIZ KRUEGER: Thank you.
4 Just to clarify, what's the
5 difference between the rules for a venue of
6 over 6,000 and under 6,000 seats?
7 SENATOR SPANO: Over 6,000 is a
8 free market.
9 Under 6,000 basically continues the
10 current statute, with the exception of
11 Internet and eTicket.
12 SENATOR LIZ KRUEGER: Madam
13 President, if through you the sponsor would
14 continue to yield.
15 THE PRESIDENT: Senator Spano, do
16 you yield?
17 SENATOR SPANO: Yes.
18 THE PRESIDENT: You may proceed,
19 Senator.
20 SENATOR LIZ KRUEGER: Thank you.
21 So you state that with the
22 exception of Internet. So with Internet --
23 I'm sorry, I'm trying to phrase the question
24 correctly.
25 If it was eBay, could they charge
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1 anything they want for a ticket?
2 SENATOR SPANO: No, they can't.
3 SENATOR LIZ KRUEGER: They can't.
4 SENATOR SPANO: They cannot.
5 SENATOR LIZ KRUEGER: Madam
6 President, if through you the --
7 SENATOR SPANO: If it's less than
8 6,000 venue. If it's over, yes.
9 SENATOR LIZ KRUEGER: Thank you.
10 Just to rephrase.
11 So if it's a venue over 6,000 --
12 SENATOR SPANO: If it's a venue
13 over 6,000, it's a free market.
14 SENATOR LIZ KRUEGER: It's a free
15 market through the Internet.
16 SENATOR SPANO: It's a free
17 market across the board.
18 SENATOR LIZ KRUEGER: Across the
19 board.
20 Madam President, if, through you,
21 the sponsor would continue to yield.
22 THE PRESIDENT: Senator Spano, do
23 you yield?
24 SENATOR SPANO: Yes.
25 THE PRESIDENT: You may proceed,
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1 Senator.
2 SENATOR LIZ KRUEGER: Thank you.
3 So as I read this, there's some
4 differentiation. And perhaps it's my lack of
5 understanding, which is why my questions
6 aren't as good as I would like, that only
7 the -- excuse me. Let me just read it.
8 That for Internet sales it would
9 only be an Internet website managed by the
10 operator of the place of entertainment to
11 which the ticket is sold, and if the ticket
12 was originally sold by the place of
13 entertainment.
14 My point in that is there's -- the
15 rules would be different for an eBay or a
16 Liz-Krueger-sells-tickets website versus a
17 Jets stadium website?
18 SENATOR SPANO: That language
19 would cover -- basically cover Ticketmaster.
20 So if you have Madison Square
21 Garden, Radio City Music Hall contract out
22 with Ticketmaster to sell all of their
23 tickets, that's the language that would
24 encumber them under the statute.
25 SENATOR LIZ KRUEGER: Madam
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1 President, if through you the sponsor would
2 continue to yield.
3 THE PRESIDENT: Senator Spano, do
4 you yield?
5 SENATOR SPANO: Yes.
6 THE PRESIDENT: You may proceed,
7 Senator.
8 SENATOR LIZ KRUEGER: Thank you.
9 All right. So if it was a
10 Telecharge or someone else who was contracted
11 by the site, then they could charge anything
12 they liked as long as it was a venue of
13 greater than 6,000?
14 SENATOR SPANO: They would not be
15 required to get a license, but they would
16 still be covered under the statute for venues
17 under 6,000.
18 SENATOR LIZ KRUEGER: And if they
19 were over 6,000, then they could charge
20 anything --
21 SENATOR SPANO: Free market.
22 Free market under any condition over 6,000.
23 SENATOR LIZ KRUEGER: Okay. So
24 thank you, Madam President. If the sponsor
25 would continue to yield.
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1 THE PRESIDENT: Senator Spano, do
2 you yield?
3 SENATOR SPANO: Yes.
4 THE PRESIDENT: You may proceed,
5 Senator.
6 SENATOR LIZ KRUEGER: Thank you.
7 So again, we're talking about
8 venues over 6,000 it's free market. So if I
9 went to a Telecharge site or to the location
10 and I bought up 3,000 tickets, I could then
11 sell them at any price I wanted, free market,
12 over the Internet or standing on the street in
13 front of the venue?
14 SENATOR SPANO: As long as you
15 intend to use the tickets you purchase for
16 personal use, you're exempt.
17 So in my case, where I have 16
18 children in my family, I might be -- I would
19 not be suspect. In your case, you would be.
20 SENATOR LIZ KRUEGER: I could
21 have a lot of friends.
22 SENATOR SPANO: It's not 18, no.
23 Eighteen is a key number in my
24 life. Sorry. You know something about that,
25 Senator Krueger.
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1 (Laughter.)
2 SENATOR LIZ KRUEGER: Madam
3 President, to refocus the question, if the
4 sponsor would continue to yield.
5 THE PRESIDENT: Senator Spano, do
6 you yield for a new question?
7 SENATOR SPANO: Yes.
8 SENATOR LIZ KRUEGER: I don't
9 have nearly as many cousins as Senator Spano,
10 Senator Sabini.
11 So clarify for me, the difference
12 was between personal use and for resale?
13 Because my understanding is if it's free
14 market you're saying I could buy 3,000 tickets
15 and not say it was for personal use and resell
16 them.
17 SENATOR SPANO: We extend the
18 current law as it relates for personal use.
19 We don't put any additional definition for
20 personal use in this extender of the law, but
21 it's covered under current law.
22 SENATOR LIZ KRUEGER: So we're
23 not talking -- excuse me. Madam President,
24 through you, if the sponsor would continue to
25 yield.
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1 SENATOR SPANO: Yes.
2 THE PRESIDENT: He does yield,
3 Senator. You may proceed.
4 SENATOR LIZ KRUEGER: So freely
5 admitting it's not for personal use, it's for
6 a venue over 6,000, if I go and buy 3,000
7 tickets or 300 tickets for $25 each, with this
8 law I could sell them for whatever the market
9 would bear?
10 SENATOR SPANO: For a venue over
11 6,000. You would have to obtain a license.
12 SENATOR LIZ KRUEGER: I would
13 have to obtain a license.
14 SENATOR SPANO: And it would be a
15 free market.
16 SENATOR LIZ KRUEGER: Okay. And
17 so I could -- if, through you, Madam
18 President, the sponsor would continue to
19 yield.
20 THE PRESIDENT: Senator Spano, do
21 you yield for another question?
22 SENATOR SPANO: Yes.
23 THE PRESIDENT: You may proceed,
24 Senator.
25 SENATOR LIZ KRUEGER: Thank you.
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1 And I could do that through
2 Internet or through on the street, in any way
3 I wished to sell those tickets and at any
4 price?
5 SENATOR SPANO: As long as it's
6 over 6,000, it would be a free market. In any
7 way that you choose to purchase the ticket.
8 But if you purchase tickets of
9 3,000, you would have to apply for a license
10 within the jurisdiction that you apply.
11 SENATOR LIZ KRUEGER: Okay.
12 Madam President, if through you the sponsor
13 would continue to yield.
14 THE PRESIDENT: Senator Spano, do
15 you yield?
16 SENATOR SPANO: Yes.
17 THE PRESIDENT: You may proceed.
18 SENATOR SPANO: Over 6,000 is a
19 free market.
20 No, I was anticipating your
21 question.
22 (Laughter.)
23 SENATOR LIZ KRUEGER: I think the
24 floor is still mine.
25 Would I have to collect sales tax
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1 on my resale of those and submit those to the
2 locality and the state?
3 SENATOR SPANO: If -- the statute
4 is silent on the issue. But if it's for
5 personal use, I'd say no.
6 That would be a Taxation and
7 Finance issue. I would presume that you would
8 have to pay sales tax if a sales tax is
9 applicable.
10 SENATOR LIZ KRUEGER: Madam
11 President, if through you the sponsor would
12 continue to yield.
13 THE PRESIDENT: Senator Spano, do
14 you yield?
15 SENATOR SPANO: Yes.
16 THE PRESIDENT: You may proceed.
17 SENATOR LIZ KRUEGER: Thank you.
18 Would I, when I filed as a
19 business -- because again, I'm not assuming
20 I'm using my 3,000 tickets for personal use --
21 and I'm filing with the state, do I have any
22 other rules that I have to follow other than I
23 have filed with the state and I can buy as
24 many tickets as I want and do whatever I want
25 with them as long as it's a venue large than
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1 6,000 seats? Are there any other rules I'd
2 have to follow?
3 SENATOR SPANO: There are no
4 other restrictions in this proposed statute.
5 SENATOR LIZ KRUEGER: Thank you,
6 Madam President. On the bill.
7 THE PRESIDENT: You may proceed
8 on the bill.
9 SENATOR LIZ KRUEGER: Thank you.
10 I'm not sure the sponsor's answers
11 clarified my questions. I do recognize that
12 we have a dilemma with other states who
13 haven't had anti-scalping laws, and we do, and
14 that there's a game that gets played,
15 particularly in the world of the Internet,
16 where when one state has a set of rules and
17 another state doesn't but you can transact all
18 of your business through non-state-specific
19 Internet sites, that you end up perhaps with
20 unfairness between states or, more likely,
21 cheating going on between people who pretend
22 to be in a state that doesn't license or make
23 illegal scalping compared to a state such as
24 New York that has.
25 But I can't accept an argument that
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1 we should pass a law that says whoever can get
2 there with the biggest amount of money on the
3 first day for any event should have the right
4 to get all of the tickets and then charge
5 whatever fees they choose to add on for them.
6 I think that there's a structural
7 imbalance between what the performer may
8 actually be being paid for performing at said
9 venue, based on the expectation of ticket
10 sales and estimated ticket sales. I think
11 there are serious tax questions about who
12 would be tracking and collecting the tax on a
13 ticket being legally scalped for $300 or $500
14 versus the $100 price on the ticket.
15 I think there's an almost implied
16 bias against the consumer, who's just the
17 individual who wants to go out and see a
18 sports event or a musical event or, I suppose,
19 a theater event at a very large venue above
20 6,000 seats, versus someone who is a
21 sophisticated Internet operator who might be
22 able to corner the market on all of the seats
23 or all the desirable seats and then in fact
24 charge enormous amounts of money that did not
25 go back to either the venue operator or to the
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1 performers or the employees of that venue.
2 While I respect the concept that
3 free market has advantages, for any number of
4 reasons, over government regulation, and it's
5 certainly easier not to have government
6 regulation, this bill makes me extraordinarily
7 uncomfortable. Because I think at the end of
8 the day what we will see is enormously
9 increased costs for tickets to venues where
10 neither the performers receive the higher
11 income, the operators of the venue receive the
12 higher revenue, but certainly the consumers
13 end up paying higher tickets or are locked out
14 of their opportunities to see things simply
15 because they couldn't pay these higher fees.
16 I don't know if we can come up with
17 better models of regulation for addressing
18 some of the problems that were outlined as the
19 reason for this law. I am very disturbed that
20 we're being asked to deal with this literally
21 at the date of the deadline of the existing
22 law, and without an opportunity for more
23 discussion and more evaluation and more
24 options.
25 But I have to say in my heart I
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1 feel this is an anti-consumer bill where
2 somebody will make a lot more money but it
3 will be neither the performers at these venues
4 or the people running these venues at the
5 disadvantage and at the cost of consumers. So
6 I'll vote no, and I hope my colleagues will
7 join me.
8 Thank you, Madam President.
9 THE PRESIDENT: Senator Sabini.
10 SENATOR SABINI: Thank you, Madam
11 President.
12 If the sponsor would yield for a
13 couple of questions.
14 THE PRESIDENT: Senator Spano,
15 will you yield for a question?
16 SENATOR SPANO: Yes.
17 SENATOR SABINI: I actually
18 worked on this issue when I was a member of
19 the New York City Council. And I am for free
20 market on this. I think that we -- New York
21 State and New York City have sort of missed
22 the boat on this.
23 The sponsor outlined conditions
24 that exist in New Jersey and Connecticut.
25 There are people operating right now within
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1 New York with New Jersey telephones. And with
2 the Internet now, it's very hard to police
3 anyone.
4 But I think it's important with the
5 change, particularly since this bill addresses
6 venues of more than 6,000, the change in the
7 sports economy. And for my colleagues that
8 don't know what's going on in the sports
9 economy, the Yankees are talking about making
10 a stadium with fewer seats so they can sell
11 more luxury boxes. So there will be fewer
12 seats for people.
13 The Jets, if they ever get their
14 stadium, will probably be asking for something
15 called a personal seat license, which would
16 take me an hour to explain, but basically
17 you'll have to pay a fee in order to buy a
18 ticket. Ever.
19 So there are going to be fewer
20 tickets available for people. And I see the
21 only way for the common person to get tickets
22 to choice events that they want to is through
23 ticket brokers. So I actually think this is
24 in many ways pro-consumer.
25 But I want to outline a couple of
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1 hypotheticals that I still don't know the
2 answer to, after having discussed it with the
3 sponsor and discussing it with staff.
4 You can now set up a ticket -- if
5 this bill becomes law, you could set up a
6 ticket brokerage firm in New York State
7 licensed under the State of New York under the
8 supervision of the Attorney General. Is that
9 correct?
10 SENATOR SPANO: That's correct.
11 SENATOR SABINI: If the sponsor
12 would continue to yield.
13 THE PRESIDENT: Senator Spano, do
14 you yield?
15 SENATOR SPANO: Yes.
16 THE PRESIDENT: You may proceed,
17 Senator.
18 SENATOR SABINI: Under this bill
19 now, I understand that the Yankees or the Mets
20 or other teams, the Bills, could put their
21 tickets on their own website for resale at an
22 unlimited cost. That's correct?
23 SENATOR SPANO: There's nothing
24 to prevent that, that's correct.
25 SENATOR SABINI: Does this bill
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1 allow the website commonly known as StubHub,
2 which allows season ticketholders to put their
3 tickets up for resale toward a third-party
4 website, which is currently operating right
5 now, I believe in the State of New York?
6 SENATOR SPANO: It would
7 facilitate the resale of tickets for a
8 competitive bidding process between third
9 parties, which is StubHub.
10 SENATOR SABINI: StubHub. EBay?
11 SENATOR SPANO: EBay, a bit
12 different, but yes.
13 SENATOR SABINI: Okay. If the
14 sponsor would continue to yield, Madam
15 President.
16 SENATOR SPANO: Yes.
17 THE PRESIDENT: The sponsor
18 yields. You may proceed.
19 SENATOR SABINI: If you were
20 selling tickets on craigslist, which happens
21 now, which is a personal website that people
22 buy and sell stuff without an intermediary,
23 just through, in effect, like an ad in the
24 back of a newspaper, but you were doing it in
25 a big volume way that, you know, would be sort
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1 of hard to track on craigslist, would you be
2 able to do that legally under this bill?
3 SENATOR SPANO: Yes.
4 SENATOR SABINI: If you
5 registered as a broker.
6 SENATOR SPANO: Yes. And they
7 would be exempt from the bill.
8 SENATOR SABINI: So if someone
9 put tickets up for sale on craigslist under
10 this -- if this bill were to become law, and
11 you weren't listed as a broker, I just said,
12 Gee, I've got extra Mets tickets, I want to
13 sell them quickly, I'll put them on
14 craigslist, would be that illegal under this
15 bill?
16 SENATOR SPANO: Craigslist would
17 be exempt and not covered by the statute.
18 SENATOR SABINI: Not covered by
19 the statute. So it would be illegal, if this
20 bill passed, to do that?
21 SENATOR SPANO: No, it would be
22 legal.
23 SENATOR SABINI: It would be
24 legal.
25 SENATOR SPANO: Yes.
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1 SENATOR SABINI: Even though it's
2 not a competitive bidding process.
3 SENATOR SPANO: Yes.
4 SENATOR SABINI: Okay. Thank
5 you, Madam President.
6 THE PRESIDENT: Does any other
7 member wish to be heard?
8 SENATOR SPANO: As long as it's
9 over 6,000.
10 THE PRESIDENT: Senator Krueger.
11 SENATOR LIZ KRUEGER: If the
12 sponsor would yield to an additional question,
13 please.
14 THE PRESIDENT: Senator Spano, do
15 you yield?
16 SENATOR SPANO: Yes.
17 THE PRESIDENT: You may proceed,
18 Senator.
19 SENATOR LIZ KRUEGER: Thank you.
20 The answer you just gave to Senator
21 Sabini raised another question for me.
22 So if I sold my tickets on
23 craigslist -- I bought tickets for $100 each
24 to some event in a venue greater than 6,000,
25 and I didn't want to use them or decided to
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1 sell them on craigslist to Senator Sabini, he
2 bought them from me for $500 each, then he
3 went to the event but it was canceled, and so
4 he had the tickets and they canceled, he's
5 out -- they'll give him back $100 face value
6 on the ticket and he's out the other $400? Is
7 that part of the risk of the free market in
8 ticket sales?
9 SENATOR SPANO: Let me try to
10 clear up the confusion.
11 SENATOR LIZ KRUEGER: Okay.
12 SENATOR SPANO: We have a chapter
13 amendment that will be coming on this bill on
14 Monday that is in print now -- but our only
15 way of doing it today would be to do it with a
16 message, so we're doing it Monday. It would
17 clear up the issue of craigslist and would --
18 and when we talk about the resales between
19 third parties, those resales would be exempt.
20 SENATOR LIZ KRUEGER: I'm sorry.
21 Madam President, if through you the sponsor
22 would continue to yield.
23 SENATOR SPANO: If I could
24 continue.
25 SENATOR LIZ KRUEGER: Please.
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1 SENATOR SPANO: The -- as we
2 mentioned to Senator Sabini, on StubHub, which
3 is a competitive bidding process between third
4 parties, the -- eBay is basically the same
5 type of principle. On this issue, it's
6 somewhat different, and we'll handle that in
7 our chapter amendment that will be coming
8 Monday.
9 SENATOR LIZ KRUEGER: Madam
10 President, if through you the sponsor would
11 continue to yield.
12 THE PRESIDENT: Senator Spano, do
13 you yield?
14 SENATOR SPANO: Yes.
15 THE PRESIDENT: You may proceed.
16 SENATOR LIZ KRUEGER: Thank you.
17 And perhaps I'm just not understanding the
18 language you're using, I apologize.
19 So you're saying in eBay or a
20 StubHub or craigslist, they all fall into the
21 same category that will be dealt with with the
22 chapter amendment and --
23 SENATOR SPANO: They would all
24 fall into the same category because they're
25 all dealing with purchases between third
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1 parties.
2 SENATOR LIZ KRUEGER: Okay. And
3 when that comes out, if I've paid a third
4 party $500 for tickets but the third party
5 only paid the venue $100, and there's some
6 cancellation, will I always be out that
7 whatever supplemental cost I paid above and
8 beyond the ticket price?
9 SENATOR SPANO: The language of
10 the bill requires that Internet operators
11 would have to make refunds if the person does
12 not get what they're entitled to. So that's a
13 current part of -- a change in the law that
14 doesn't exist for the new way of selling
15 tickets that are out there through the
16 Internet.
17 SENATOR LIZ KRUEGER: Madam
18 President, on the bill. I guess on the future
19 chapter amendment.
20 THE PRESIDENT: You may proceed
21 on the bill.
22 SENATOR LIZ KRUEGER: I thank the
23 Senator for his clarification.
24 I'm sorry, it raises another red
25 flag to me that in an attempt to, quote,
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1 unquote, go to a free-market system, under
2 this bill we're actually increasing the
3 buyer-beware factor in third-party purchase of
4 tickets through the Internet to a much higher
5 level.
6 Because I'm not at all clear how
7 the State of New York would regulate or ensure
8 that if I bought tickets at a price greater
9 than the ticket price through a third party
10 and then the venue canceled whatever event --
11 and it certainly happens, for a variety of
12 different reasons -- that I, the consumer,
13 would ever have a way to get back the actual
14 price I paid for these tickets.
15 I can't imagine a scenario where
16 the State of New York will send police out to
17 the other email address on eBay or craigslist
18 or Senator Sabini's knowledgeable StubHub
19 model.
20 And that we're actually creating
21 even added problems for consumers, and create
22 a whole new category of potential fraud on
23 behalf of third-party sellers and people
24 trying to buy tickets in a new market that we
25 will have created that we call a free market
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1 but that will be to some degree an unregulated
2 national Internet market.
3 And so my concerns are doubled. So
4 again, I urge my colleagues to think about
5 this before they vote for this bill.
6 Thank you, Madam President.
7 THE PRESIDENT: Does any other
8 member wish to be heard?
9 Then the debate is closed.
10 The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 12. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: The Secretary
17 will announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1328 are
20 Senators Diaz, Dilan, Duane, L. Krueger,
21 LaValle, Morahan, Padavan, Parker, Paterson,
22 Schneiderman, Serrano, M. Smith and Valesky.
23 Those Senators absent from voting:
24 Connor, Gonzalez, Sampson and A. Smith.
25 Ayes, 44. Nays, 13.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 956, by Senator Little, Senate Print 4916, an
5 act to amend the General Municipal Law, in
6 relation to balancing.
7 THE PRESIDENT: Read the last
8 section.
9 SENATOR LIZ KRUEGER:
10 Explanation.
11 THE PRESIDENT: Senator Little,
12 an explanation has been requested.
13 SENATOR LITTLE: Thank you, Madam
14 President.
15 Frequently we have one municipality
16 which proposes a project within another
17 municipality which has zoning ordinances.
18 This bill would require a balancing of public
19 interests in reference to these projects which
20 are located in more than one jurisdiction.
21 And the bill basically codifies a Court of
22 Appeals decision in 1988 which said that you
23 need to balance the powers out.
24 And what the bill does is establish
25 a procedure with nine factors that need to be
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1 considered when one project is within another,
2 as to whether it has to comply with the zoning
3 code or whether it can be exempt from that.
4 This bill is out of Rural
5 Resources. It passed the Senate last year,
6 under the sponsorship of our late Senator
7 McGee, 59-0.
8 THE PRESIDENT: Senator Krueger.
9 SENATOR LIZ KRUEGER: Thank you,
10 Madam President.
11 Thank you for the explanation.
12 If the Senator -- excuse me, if the
13 sponsor would yield for a question.
14 THE PRESIDENT: Senator Little,
15 do you yield?
16 SENATOR LITTLE: Yes, certainly.
17 THE PRESIDENT: You may proceed.
18 SENATOR LIZ KRUEGER: Thank you.
19 I'm still confused about scalping tickets for
20 the moment.
21 Actually, I like this bill. And
22 I'm wondering, as it's envisioned, would it
23 apply also if public authorities were
24 attempting to encroach on a local town or
25 municipality with a --
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1 SENATOR LITTLE: It possibly
2 could.
3 SENATOR LIZ KRUEGER: It would
4 apply to public authorities as well.
5 SENATOR LITTLE: For instance,
6 within my district I have the Olympic Regional
7 Development Authority. If they were going to
8 build a venue within one of the
9 municipalities.
10 And it also would apply for an
11 airport authority, development authority
12 building an airport.
13 SENATOR LIZ KRUEGER: Thank you.
14 Madam President, if the sponsor
15 would continue to yield.
16 THE PRESIDENT: Senator Little,
17 do you yield?
18 SENATOR LITTLE: Yes, I yield.
19 THE PRESIDENT: You may proceed,
20 Senator.
21 SENATOR LIZ KRUEGER: Thank you.
22 And would this bill in any way
23 affect the use of eminent domain to override
24 or work around zoning issues at the local
25 level? Do you know if it would have an impact
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1 on --
2 SENATOR LITTLE: I believe the
3 bill applies to whether or not the
4 municipality that is building within another
5 municipality is exempt from the building code
6 or not. That's all.
7 SENATOR LIZ KRUEGER: Thank you.
8 Thank you, Madam President. On the
9 bill.
10 THE PRESIDENT: You may proceed
11 on the bill.
12 SENATOR LIZ KRUEGER: Thank you.
13 I am delighted to support Senator
14 Little's bill. I'm not sure it goes far
15 enough from my perspective, but I'm very
16 interested in seeing when colleagues from
17 other parts of the state that very often have
18 rural communities, more often than the
19 experiences that we have in New York City,
20 find themselves with the same kind of problems
21 we have in New York City, where we've got
22 different levels of government encroaching and
23 in fact knocking down local municipal
24 positions and rules in order to accomplish
25 goals that they feel are bigger than the
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1 concerns of a local town or municipality.
2 In the City of New York just in the
3 last few months, I can talk to you about
4 situations where in Brooklyn we have eminent
5 domain and zoning exemption issues with the
6 MTA. In Senator Velmanette Montgomery's
7 district, we have issues of eminent domain and
8 exemptions from zoning. Arguments being made
9 for the Jets stadium in Senator Duane's
10 district, near my own district. We have
11 fights in my own district with the MTA over
12 whether a large building that would
13 potentially be explosive should be located
14 right near St. Patrick's Cathedral, raising
15 many concerns for me in my district and
16 certainly the Catholic Diocese of Manhattan.
17 We've got too many entities, public
18 authorities and levels of government, that
19 they define anything as the public good,
20 regardless of what the purpose is for, and
21 then feel that they have the right to exempt
22 themselves from zoning codes or the
23 participation of the local community or local
24 government.
25 So perhaps, if I was to recommend
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1 amendments to your bill for a later date, I
2 would lay out some more specific examples of
3 what should and shouldn't be allowed without
4 local participation in the items that you do
5 list out, to highlight some of the ways that
6 local governments should and local communities
7 should have the right to be participants in
8 changes in the use of their lands.
9 And I hope that this Legislature
10 will move forward with further exploration of
11 legislation that would require local
12 participation prior to eminent domain use by
13 public authorities, clarification of the
14 public good when selling or trading off
15 government land, involvement by communities
16 and their local governments in zoning
17 discussions and environmental reviews, and so
18 many other areas.
19 So I am very glad to see that there
20 is -- not parallel problems, because nobody
21 wants problems, obviously, in their
22 communities, but recognition that the State of
23 New York should look seriously at how we use
24 our own authority to sometimes bulldoze over
25 our local governments and our local community
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1 needs.
2 So I am happy to support the bill
3 and hope everyone here will vote for it.
4 Thank you, Madam President.
5 THE PRESIDENT: Does any other
6 member wish to be heard?
7 Then the debate is closed.
8 The Secretary will ring the bell.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of July.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: The Secretary
15 will announce the results.
16 THE SECRETARY: Ayes, 57. Nays,
17 0.
18 Those Senators absent from voting
19 on Calendar Number 956: Senators Connor,
20 Gonzalez, Sampson and A. Smith.
21 THE PRESIDENT: The bill is
22 passed.
23 Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 is there any further business to come before
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1 the Senate?
2 THE PRESIDENT: Could we please
3 have order in the chamber.
4 Senator Skelos, we do have a
5 motion.
6 SENATOR SKELOS: There is further
7 business?
8 THE PRESIDENT: Yes, we do.
9 SENATOR SKELOS: Can we conduct
10 this business at this time.
11 THE PRESIDENT: Senator Nozzolio.
12 SENATOR NOZZOLIO: Thank you.
13 Madam President, I wish to call up
14 Print Number 2636, recalled from the Assembly,
15 which is now at the desk.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 226, by Senator Rath, Senate Print 2636, an
20 act to adjust.
21 SENATOR NOZZOLIO: Madam
22 President, I now move to reconsider the vote
23 by which this bill passed.
24 THE PRESIDENT: We need order in
25 the chamber. Thank you to the members.
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1 The Secretary will call the roll
2 upon reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 SENATOR NOZZOLIO: I now offer
6 the following amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 Senator Skelos.
10 SENATOR SKELOS: Madam President,
11 there being no further business to come before
12 the Senate, I move we stand adjourned until
13 Thursday, June 2nd, at 11:00 a.m.
14 THE PRESIDENT: There being no
15 further business, on motion, the Senate stands
16 adjourned until Thursday, June 2nd, 11:00 a.m.
17 (Whereupon, at 4:26 p.m., the
18 Senate adjourned.)
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