Regular Session - June 2, 2005
3223
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 2, 2005
11 11:03 a.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 Wednesday, June 1, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, May 31,
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 Fuschillo.
8 SENATOR FUSCHILLO: Madam
9 President, on behalf of Senator Bonacic, on
10 page number 68 I offer the following
11 amendments to Calendar Number 1257, Senate
12 Print Number 4656, and ask that said bill
13 retain its place on Third Reading Calendar.
14 THE PRESIDENT: The amendments
15 are received, and the bill will retain its
16 place on the Third Reading Calendar.
17 SENATOR FUSCHILLO: Thank you.
18 THE PRESIDENT: Senator
19 Montgomery.
20 SENATOR MONTGOMERY: Yes, Madam
21 President. On behalf of Senator Breslin, I
22 offer the following amendment. On page number
23 40, I offer an amendment to Calendar Number
24 936, Senate Bill Number 1595A, and ask that
25 said bill retain its place on Third Reading
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1 Calendar.
2 THE PRESIDENT: The amendments
3 are received, and that bill will retain its
4 place on the Third Reading Calendar.
5 Senator Skelos.
6 SENATOR SKELOS: Madam President,
7 I believe there are six resolutions at the
8 desk. If we could have the titles read and
9 move for their immediate adoption.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: By Senator
13 Skelos, Legislative Resolution Number 2250,
14 paying tribute to the life and accomplishments
15 of William Kirby Long, retired Captain, United
16 States Naval Reserve.
17 By Senator Leibell, Legislative
18 Resolution Number 2251, commemorating the
19 50th Anniversary of Temple Beth Shalom of
20 Mahopac, New York, to be celebrated on June 5,
21 2005.
22 By Senator Leibell, Legislative
23 Resolution Number 2252, commemorating the life
24 of Mary E. Fay upon the occasion of being
25 honored on June 4, 2005, at the Putnam Chapter
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1 of the American Cancer Society's 7th Annual
2 Relay for Life.
3 By Senator Leibell, Legislative
4 Resolution Number 2253, commemorating the life
5 of James McDonough upon the occasion of being
6 honored on June 4, 2005, at the Putnam Chapter
7 of the American Cancer Society's 7th Annual
8 Relay for Life.
9 By Senator Leibell, Legislative
10 Resolution Number 2254, commending Wendy and
11 Joel Greenberg upon the occasion of their
12 designation for special honor by Temple Beth
13 Shalom on June 5, 2005.
14 And by Senator Morahan, Legislative
15 Resolution Number 2255, honoring Irving S.
16 Schrom upon the occasion of his designation as
17 recipient of the Shofar Award by the Hudson
18 Valley Council, Boy Scouts of America Jewish
19 Committee on Scouting, on June 5, 2005.
20 THE PRESIDENT: On the
21 resolutions, all in favor please signify by
22 saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: Opposed, nay.
25 (No response.)
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1 THE PRESIDENT: The resolutions
2 are adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Thank you, Madam
5 President if we could go to the
6 noncontroversial calendar.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 111, by Member of the Assembly Gottfried,
11 Assembly Print Number 5349, an act to amend
12 the Public Health Law, in relation to the
13 removal.
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, 40.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 405, by Senator Morahan, Senate Print 3413, an
25 act to amend the Mental Hygiene Law, in
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1 relation to including.
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, 40.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 792, by Senator Spano, Senate Print 5208, an
13 act to amend the Tax Law and the
14 Administrative Code of the City of New York.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 13. This
18 act shall take effect only upon enactment by
19 the United States.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 40.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 839, by Senator Farley, Senate Print 5081, an
2 act to amend the Banking Law, in relation to
3 the state charter deposit program.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 3. 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, 40.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 896, by Senator Volker, Senate Print 4208, an
15 act to amend the Criminal Procedure Law, in
16 relation to securing attendance.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 40.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 913, by Senator Robach, Senate Print 4400A, an
3 act to amend the Retirement and Social
4 Security Law, in relation to providing.
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, 40.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1003, by Senator Wright, Senate Print 4379, an
16 act to amend the Education Law, in relation to
17 eligibility.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 40.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1025, by Senator Stachowski, Senate Print
4 1604, an act to amend the Penal Law, in
5 relation to the definition of assault in the
6 second degree.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of
11 November.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 40.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1026, by Senator Balboni, Senate Print 1927,
19 an act to amend the Penal Law, in relation to
20 creating the crimes of solicitation.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first of
25 November.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 40.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1028, by Senator Volker, Senate Print 2545, an
8 act to amend the Criminal Procedure Law, in
9 relation to persons designated.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 41.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1044, by Senator Marcellino, Senate Print
21 4117, an act to amend the Environmental
22 Conservation Law, in relation to the
23 interstate mining compact.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 41.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1073, by Senator Libous, Senate Print 5226, an
10 act to amend the Vehicle and Traffic Law, in
11 relation to the maximum dimension.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 41.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1074, by Senator Seward, Senate Print 5262, an
23 act to amend the Highway Law, in relation to
24 the New York State Scenic Byways System.
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, 41.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1075, by Senator Trunzo, Senate Print 1682, an
11 act in relation to requiring state agencies.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 41.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1078, by Member of the Assembly Abbate,
23 Assembly Print Number 7195, an act to amend
24 the Education Law, in relation to service
25 credit.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 41.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1090, by Senator Rath --
12 SENATOR SAVINO: Lay it aside,
13 please.
14 THE PRESIDENT: The bill is laid
15 aside.
16 THE SECRETARY: Calendar Number
17 1094, by Senator Meier, Senate Print 5195, an
18 act to amend the Family Court Act, the
19 Domestic Relations Law and others, in relation
20 to the legal powers of custodians.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 7. This
24 act shall take effect on the 90th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 41.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1095, by Senator Meier, Senate Print 5228, an
7 act to amend the Social Services Law, in
8 relation to health professionals.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 41.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1101, by Senator LaValle, Senate Print 3261,
20 an act authorizing the Town of Shelter Island
21 in Suffolk County.
22 THE PRESIDENT: There is a
23 home-rule message at the desk.
24 Read the last 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, 43.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1102, by Senator Winner, Senate Print 3415, an
9 act to authorize the County of Schuyler to
10 discontinue.
11 THE PRESIDENT: There is a
12 home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 6. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 44.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1107, by Senator Bonacic, Senate Print 3887,
23 an act to amend the General Municipal Law --
24 SENATOR LIZ KRUEGER: Lay it
25 aside.
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1 THE PRESIDENT: The bill is laid
2 aside.
3 THE SECRETARY: Calendar Number
4 1108, by Senator Trunzo, Senate Print 4138, an
5 act to amend the Real Property Tax Law, in
6 relation to limiting base proportions.
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, 45.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1110, by Senator Trunzo, Senate Print 4564, an
18 act in relation to authorizing Hands Across
19 Long Island --
20 THE PRESIDENT: Senator Trunzo.
21 SENATOR TRUNZO: Please star that
22 bill.
23 THE PRESIDENT: The bill will be
24 starred. So ordered.
25 SENATOR TRUNZO: Thank you.
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1 THE PRESIDENT: The Secretary
2 will continue to read.
3 THE SECRETARY: Calendar Number
4 1111, by Senator Skelos, Senate Print 4644, an
5 act authorizing the assessor of the County of
6 Nassau to accept an application.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 45.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1113, by Senator Hannon, Senate Print 4798, an
18 act authorizing the assessor of the County of
19 Nassau to accept an application.
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, 45.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1114, by Senator Hannon, Senate Print 4799, an
6 act to authorize the assessor of the County of
7 Nassau to accept an application.
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, 44. Nays,
15 1. Senator Bonacic recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1118, by Senator Little, Senate Print 5257, an
20 act to amend the General Municipal Law, in
21 relation to training requirements.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 3. 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: Ayes, 45.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1119, by Senator Little, Senate Print 5292, an
9 act to amend the Real Property Tax Law, in
10 relation to simplifying.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 45.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1124, by Senator Hannon, Senate Print 746, an
22 act to amend the Not-For-Profit Corporation
23 Law, in relation to authorizing.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 45.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1132, by Senator Wright, Senate Print 4559, an
10 act to amend the State Finance Law, in
11 relation to payment.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 45.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1134, by Senator LaValle, Senate Print 2863B,
23 an act to amend the Education Law, in relation
24 to requiring.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 47.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1139, by Senator Marcellino, Senate Print 654,
11 an act to amend the Labor Law, in relation to
12 waiting periods.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 47.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1146, by Senator Balboni, Senate Print 936A,
24 an act to amend the Insurance Law and the
25 Public Health Law, in relation to the
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1 confidentiality.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 120th day.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 47.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1163, by Senator A. Smith, Senate Print 1816,
13 an act authorizing the City of New York to
14 reconvey its interest in certain real
15 property.
16 THE PRESIDENT: There is a
17 home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 47.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 1167, by Member of the Assembly Gantt,
3 Assembly Print Number 8182, an act relating to
4 certain payments of aid and incentives.
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, 49.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1190, by Senator Saland, Senate Print 5050, an
16 act to amend the Education Law, in relation to
17 accountability of school districts.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 22. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 49.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1267, by Senator Marcellino, Senate Print
4 890A, an act to amend the Education Law and
5 the Executive Law, in relation to audits of
6 school districts.
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, 49.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1278, by Senator Balboni, Senate Print 2969A,
18 an act to amend the General Municipal Law, in
19 relation to establishing.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. 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, 49.
2 THE PRESIDENT: The bill is
3 passed.
4 Senator Skelos, that completes the
5 reading of the noncontroversial calendar.
6 SENATOR SKELOS: Thank you, Madam
7 President. If we could go to the
8 controversial reading at this time.
9 THE PRESIDENT: The Secretary
10 will ring the bell, and the members should
11 return to their seats.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1090, by Senator Rath, Senate Print 1512, an
15 act to amend the Social Services Law.
16 THE PRESIDENT: Senator Savino.
17 SENATOR SAVINO: Madam President,
18 through you, would the sponsor yield for a
19 few, just a few questions.
20 THE PRESIDENT: Senator Rath,
21 will you yield for a question?
22 SENATOR RATH: Yes.
23 THE PRESIDENT: You may proceed,
24 Senator.
25 SENATOR SAVINO: Thank you, Madam
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1 President.
2 I'm not questioning the intent of
3 the bill, because I agree with it; I just have
4 a couple of technical questions.
5 As a former caseworker who had to
6 arrange and facilitate visitation between
7 children and parents, children and siblings,
8 the question I have is, have we determined who
9 would qualify under this broadened definition
10 of important adults in the role of prospective
11 foster children?
12 SENATOR RATH: Senator, the bill
13 was requested by the presiding judge of the
14 New York State Supreme Court 8th Judicial
15 District. And her comment was that there are
16 so many times that judges feel that their
17 hands are tied for putting together the kind
18 of program for a child when they're about to
19 go into foster care. And as a former social
20 worker, I know that you know that.
21 The bill does not draw out the
22 lines of the persons who would be acceptable
23 to be the ones. But the court would decide
24 that. I think the judge felt that sometimes
25 there would be a minister in the church, let's
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1 say in the case of an accident, father and
2 mother killed and the child put out there,
3 there might be -- you know, people might come
4 forward to say: I know this family, I've been
5 part of them all their life -- or a coach, in
6 the case of a young man, let's say, who wanted
7 to continue to have some kind of a
8 relationship.
9 SENATOR SAVINO: Madam President,
10 again, through you, if she would continue to
11 yield. Just one more.
12 THE PRESIDENT: Senator Rath, do
13 you continue to yield?
14 SENATOR RATH: Certainly.
15 THE PRESIDENT: She does yield.
16 You may proceed, Senator.
17 SENATOR SAVINO: Thank you.
18 With that answer you actually
19 answered most of the questions I have. One
20 more, though.
21 Have the agencies that would be
22 required to implement this been involved in
23 the discussion or the planning of it? Because
24 it would actually layer another level of
25 visitation requirements on what in many
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1 respects is a overburdened casework staff.
2 SENATOR RATH: I have not heard
3 anything from any of them.
4 But Judge Townsend, Judge Sharon
5 Townsend has been extremely active in the
6 Family Courts before she ascended to the
7 position in the Supreme Court and has been
8 asking for this piece of legislation year
9 after year. So I'm sure that they will
10 somehow figure out a way to implement it.
11 Again, it's another step, but I
12 think maybe it's just another question or two
13 to be asked at that time.
14 SENATOR SAVINO: Thank you.
15 THE PRESIDENT: Does any other
16 member wish to be heard?
17 Then the debate is closed.
18 The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Madam President,
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1 are we ready?
2 THE PRESIDENT: The Secretary
3 will announce the results.
4 THE SECRETARY: In relation to
5 Calendar Number 1090: Ayes, 50.
6 Those Senators absent from voting:
7 Senators Flanagan, Paterson, Sampson and
8 Seward.
9 THE PRESIDENT: The bill is
10 passed.
11 Senator Bonacic.
12 SENATOR BONACIC: Thank you,
13 Madam President.
14 I had been outside of the chambers
15 attending a business meeting. And had I been
16 here, on Calendar Number 1113, Senate Bill
17 Number 4798, I would have wanted to be
18 recorded in the negative.
19 THE PRESIDENT: The record will
20 so reflect that, Senator Bonacic.
21 SENATOR BONACIC: Thank you,
22 Madam President.
23 THE PRESIDENT: You're welcome.
24 The Secretary will continue to
25 read.
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1 THE SECRETARY: Calendar Number
2 1107, by Senator Bonacic, Senate Print 3887,
3 an act to amend the General Municipal Law.
4 SENATOR LIZ KRUEGER:
5 Explanation.
6 THE PRESIDENT: Senator Bonacic,
7 an explanation has been requested.
8 SENATOR BONACIC: Thank you,
9 Madam President.
10 There was a home rule request for
11 the Town of Wawayanda, in Orange County,
12 wanting to establish an industrial development
13 agency in that town. An industrial
14 development agency is a corporate government
15 agency with three to seven employees whose
16 sole purpose is to stimulate economic
17 development in that particular town.
18 We have created over 125 IDAs by
19 this State Legislature. And this is the
20 fourth year that I have introduced this bill.
21 And the last three years, it has passed the
22 Senate with total negative votes of three.
23 SENATOR LIZ KRUEGER: Thank you,
24 Madam President.
25 THE PRESIDENT: Senator Krueger.
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1 SENATOR LIZ KRUEGER: As one of
2 the three, may I ask the sponsor to yield.
3 THE PRESIDENT: Senator Bonacic,
4 will you yield for a question?
5 SENATOR BONACIC: Absolutely.
6 THE PRESIDENT: You may proceed
7 with a question, Senator Krueger.
8 SENATOR LIZ KRUEGER: Thank you.
9 Senator, what's the population of
10 the Town of Wawayanda?
11 SENATOR BONACIC: Wawayanda? You
12 pronounced that pretty well, actually.
13 SENATOR LIZ KRUEGER: I tried.
14 SENATOR BONACIC: The population
15 is approximately about 22,000. Plus or minus.
16 SENATOR LIZ KRUEGER: Thank you,
17 Madam President. If the sponsor would
18 continue to yield.
19 THE PRESIDENT: Senator
20 Bonacic --
21 SENATOR BONACIC: I do.
22 THE PRESIDENT: -- does yield.
23 You may proceed.
24 SENATOR LIZ KRUEGER: Thank you.
25 Is there a specific purpose that
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1 they need this IDA for at this point in time?
2 SENATOR BONACIC: They don't have
3 a particular corporate client that wants to
4 locate there. But they border on State
5 Highway 17 and Interstate 84, which is very
6 prime land for a corporate client. And they
7 have quite a bit of acreage with what they
8 call PUD zoning, which is like a flex zoning
9 that can fit and be customed to an industrial
10 client that would go there.
11 They don't have much rateables in
12 town. This used to be agricultural lands.
13 And then we had a residential explosion since
14 9/11 and, you know, school taxes are going up
15 and they're looking for rateables. And the
16 IDA would be a tool to help expedite landing a
17 corporate client.
18 SENATOR LIZ KRUEGER: Thank you.
19 Madam President, I'll speak on the
20 bill.
21 Thank you, Senator Bonacic.
22 THE PRESIDENT: You may proceed
23 on the bill, Senator.
24 SENATOR LIZ KRUEGER: Thank you.
25 I appreciate the Senator's
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1 responses. And I certainly have no opposition
2 to the community of Wawayanda wanting to
3 develop available lands.
4 But I asked the questions on the
5 bill to have an opportunity to highlight what
6 I think is a flaw in New York State's
7 structure at this point in time, where we
8 do -- as Senator Bonacic said, we've created
9 over 125 IDAs. We renew them even when
10 they're not in operation. We did one the
11 other day, one that had not been used but was
12 sunsetting and so we renewed its existence.
13 I don't really think the right
14 answer for the State of New York is to
15 continue to create, town by town, small
16 industrial development agencies that have the
17 authority to issue bonds, that have the
18 ability to exempt lands from taxation. Who,
19 again, attempt to negotiate I believe most
20 times in good faith on behalf of their
21 specific town, but without any perspective on
22 the broader land use or planning or
23 development and economic development needs of
24 even the geographic county, better yet the
25 State of New York.
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1 So I appreciate that I believe
2 Senator Bonacic is requesting this because
3 this town wants this, because they believe
4 that that is the way for them to move forward
5 with possible negotiations on land along two
6 highways in their town.
7 But again, I would argue that the
8 State of New York needs to reevaluate both
9 smart growth, regional planning, coordination
10 between towns as opposed to the potential of
11 continued border wars or even tax wars between
12 Town A and Town B using these IDAs as the
13 mechanism by which they negotiate tax policy,
14 land use policy and planning.
15 And so while I have no issue with
16 Wawayanda or Senator Bonacic's desire to do
17 what he believes a town in his district wants,
18 I would urge this Legislature to think through
19 that we have done over 125 of these IDAs.
20 There are studies done by the Comptroller's
21 office showing that there are severe problems
22 that have grown out of some of these IDAs
23 around the state. And that clearly New York
24 State is not moving forward with a smart
25 regional planning or smart growth plan for
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1 itself.
2 Senator Bonacic's explanation
3 highlighted changes in the community. He said
4 that it's grown from agriculture to
5 residential, up to 22,000 in the last few
6 years. The way for New York State to plan for
7 growth in population and for economic
8 development is not to have a huge number of
9 off-budget authorities operating in a vacuum
10 and often competing with each other and
11 competing with smart growth plans for the
12 state.
13 So I will vote against this bill,
14 as I would urge us all to think through why we
15 should not continue to create new IDAs but,
16 rather, ask the question what should New York
17 State be doing better and smarter to meet the
18 needs of all of our communities, rather than
19 setting these competing entities up who
20 compete with local governments, county
21 governments and each other.
22 Thank you, Madam President.
23 THE PRESIDENT: Does any other
24 member wish to be heard?
25 Then the debate is closed.
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1 The Secretary will ring the bell.
2 There is a home-rule message at the
3 desk.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE PRESIDENT: The Secretary
10 will announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 1107, those recorded in the
13 negative: Senator L. Krueger.
14 Those Senators absent from voting:
15 Senators Flanagan, Paterson, Sampson and
16 Seward.
17 Ayes, 49. Nays, 1.
18 THE PRESIDENT: The bill is
19 passed.
20 Senator Skelos, that completes the
21 reading of the controversial calendar.
22 Senator Rath.
23 SENATOR RATH: Madam President, I
24 move that the following bill be discharged
25 from its respective committee and be
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1 recommitted with instructions to strike the
2 enacting clause: 2542A.
3 THE PRESIDENT: So ordered,
4 Senator Rath.
5 Senator Skelos.
6 SENATOR SKELOS: Madam President,
7 there's going to be a meeting of the Rules
8 Committee. And upon completion of the Rules
9 Committee, we'll just report it back to the
10 Senate floor and we will not take up any
11 further legislation.
12 So have a great weekend. But there
13 is an immediate meeting of the Rules
14 Committee.
15 THE PRESIDENT: There will be an
16 immediate meeting of the Rules Committee.
17 The Senate stands at ease.
18 (Whereupon, the Senate stood at
19 ease at 11:38 a.m.)
20 (Whereupon, the Senate reconvened
21 at 11:50 a.m.)
22 SENATOR SKELOS: Mr. President.
23 ACTING PRESIDENT ALESI: Senator
24 Skelos.
25 SENATOR SKELOS: Thank you, Mr.
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1 President.
2 If we could return to reports of
3 standing committees, I believe there's a
4 report of the Rules Committee at the desk. I
5 ask that it be read, with your permission, at
6 this time.
7 ACTING PRESIDENT ALESI: With my
8 permission, the Secretary will read the Rules
9 report.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 80, by Senator Volker,
14 an act to amend the Tax Law;
15 117, by Senator Maziarz, an act to
16 amend the Vehicle and Traffic Law;
17 186, by Senator Balboni, an act to
18 amend the Penal Law;
19 443, by Senator Larkin, an act to
20 amend the Environmental Conservation Law;
21 501, by Senator Nozzolio, an act to
22 amend the Criminal Procedure Law;
23 661, by Senator Marcellino, an act
24 to amend the Criminal Procedure Law;
25 750, by Senator Hannon, an act to
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1 amend the Civil Practice Law and Rules;
2 783, by Senator Fuschillo, an act
3 to amend the Penal Law;
4 788, by Senator Fuschillo, an act
5 to amend the Penal Law;
6 789, by Senator Fuschillo, an act
7 to amend the Penal Law;
8 790, by Senator Fuschillo, an act
9 to amend the Penal Law;
10 893, by Senator Winner, an act to
11 amend the Tax Law;
12 974, by Senator Alesi, an act to
13 amend the Penal Law;
14 2384, by Senator Morahan, an act to
15 amend the Executive Law;
16 2518, by Senator Maltese, an act to
17 amend the General Municipal Law;
18 2525, by Senator Seward, an act in
19 relation to permitting;
20 2806, by Senator Flanagan, an act
21 to amend the Correction Law;
22 2986, by Senator Wright, an act to
23 amend the Uniform Justice Court Act;
24 3200, by Senator Johnson, an act to
25 amend the Tax Law;
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1 3713, by Senator Skelos, an act to
2 amend the Criminal Procedure Law;
3 4028, by Senator Farley, an act to
4 amend the Executive Law;
5 4069A, by Senator Little, an act to
6 amend the Public Officers Law;
7 4582, by Senator Leibell, an act to
8 amend the Civil Practice Law and Rules;
9 4776, by Senator Brown, an act to
10 amend the Economic Development Law;
11 And Senate Print 5092, by Senator
12 Meier, an act to amend the Executive Law and
13 others.
14 All bills ordered direct to third
15 reading.
16 ACTING PRESIDENT ALESI: Senator
17 Skelos.
18 SENATOR SKELOS: Mr. President, I
19 move to accept the report of the Rules
20 Committee.
21 ACTING PRESIDENT ALESI: All in
22 favor of accepting the report of the Rules
23 Committee say aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT ALESI: Opposed,
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1 nay.
2 (No response.)
3 ACTING PRESIDENT ALESI: The
4 report is accepted.
5 Senator Skelos.
6 SENATOR SKELOS: Thank you, Mr.
7 President.
8 There being no further business to
9 come before the Senate, I move we stand
10 adjourned until Monday, June 6th, at
11 3:00 p.m., intervening days being legislative
12 days.
13 ACTING PRESIDENT ALESI: Thank
14 you, Senator.
15 On motion, the Senate stands
16 adjourned until Monday, June 6th, at
17 3:00 p.m., intervening days being legislative
18 days.
19 (Whereupon, at 11:53 a.m., the
20 Senate adjourned.)
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