Regular Session - June 7, 2005
3412
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 7, 2005
11 3:12 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: With us this
10 afternoon to give the invocation is Reverend
11 Bill Lambert, pastor of Folsomdale Baptist
12 Church in Cowlesville.
13 REVEREND LAMBERT: Let's ask
14 God's blessing.
15 When one rules over men in
16 righteousness, when he rules in the fear of
17 God, he is like the light of morning at
18 sunrise on a cloudless morning, like the
19 brightness after rain that brings the grass
20 from the earth.
21 Lord God, we thank You that we can
22 today commit these deliberations to You. We
23 confess that our own efforts fall far short of
24 even addressing all the challenges that we
25 face. And so we desperately need and seek
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1 wisdom from Your hand.
2 We ask that You might work
3 sovereignly, that You might do whatever is
4 needed in and among our leaders this week so
5 they might recognize what You desire from
6 them.
7 Please embed within each one the
8 moral compass that refuses to be swayed by the
9 storms of controversy that are around us. May
10 they stand on the solid, absolute foundation
11 of Your word, which powerfully transcends the
12 fleeting and the fashionable definitions that
13 our ever-changing culture gives to morality
14 today.
15 We ask that You might grant each
16 leader strength and courage and fearlessness
17 to take unpopular stands and yet also to know
18 when to compromise. Endow them with Your
19 spirit of humility.
20 This week, as they face the
21 difficult and perhaps even unexpected, bless
22 their efforts at resolution that honors You.
23 Grant them a sense of Your presence as they
24 seek Your guidance in all things. May they be
25 increasingly transformed into powerful servant
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1 leaders who willingly sacrifice for our great
2 state at these critical times.
3 O Lord, how we need Your blessing.
4 We pray in Jesus' name. Amen.
5 THE PRESIDENT: Reading of the
6 Journal.
7 THE SECRETARY: In Senate,
8 Monday, June 6, the Senate met pursuant to
9 adjournment. The Journal of Sunday, June 5,
10 was read and approved. On motion, Senate
11 adjourned.
12 THE PRESIDENT: Without
13 objection, the Journal stands approved as
14 read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Reports of standing committees.
19 The Secretary will read.
20 THE SECRETARY: Senator Johnson,
21 from the Committee on Finance, reports the
22 following nominations.
23 As a member of the Metropolitan
24 Transportation Authority, Mitchell H. Pally,
25 of Stony Brook.
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1 THE PRESIDENT: Senator Johnson.
2 SENATOR JOHNSON: Move the
3 nomination.
4 THE PRESIDENT: Senator Flanagan.
5 SENATOR FLANAGAN: Thank you,
6 Madam President. Briefly on the nomination,
7 if I may.
8 Mitch Pally is from Stony Brook,
9 obviously Suffolk County. He's seated up in
10 the gallery there. And I would respectfully
11 suggest that I would offer some comments
12 relative to Mr. Pally on behalf of my
13 colleagues from Long Island, because I think
14 they would share in my sentiments.
15 I have a two-page bio here for
16 Mr. Pally. It's quite extensive. He has --
17 the more I read it, I'm getting tired just
18 reading it based on all the things that he's
19 done throughout his public career.
20 Mitch is a good guy. He's someone
21 that's worked very hard for the people of Long
22 Island. He's been appointed by the Governor
23 for many panels, he's been appointed by the
24 Senate Majority Leader for a wide variety of
25 positions as well. But he's been a staunch
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1 advocate for Long Island throughout his public
2 and private life.
3 And everybody should know that he
4 got his start primarily here in the New York
5 State Senate, working with former Senator
6 Norman Levy on all kinds of innovative
7 legislation -- I think the child seat belt
8 law, the restraint law and all kinds of
9 different issues that help the people of this
10 state.
11 He is a terrific person in the
12 community on Long Island. He will be working
13 on MTA issues. He's going to be a great
14 advocate for us.
15 But I would leave you with this.
16 The most important thing, we all look to good
17 people in our areas. Mitch is a great family
18 man, and he's got four kids. He and his wife
19 have lived in Stony Brook for a long time.
20 He's been active in the soccer clubs and is
21 someone who is a great asset to our community.
22 So, Mitch, to you, congratulations.
23 We look forward to working with you. And
24 we're all pleased that you're going to be
25 joining the team.
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1 THE PRESIDENT: Senator Balboni.
2 SENATOR BALBONI: I too would
3 like to rise on behalf of this nomination.
4 I actually felt like I've grown up
5 with Mitch. He was counsel to Senator Norman
6 Levy for many years. He knew so much about
7 transportation. He was the person who first
8 explained to me what the capital program was,
9 as a young counsel. And he always was able to
10 maintain a sense of the public good.
11 I think that it's great when you
12 have people who have an institutional
13 knowledge, an experience base, but also an
14 expertise in a highly technical area that they
15 can bring to bear on this type of issue.
16 And as we all know, particularly
17 for downstate, but throughout the entire
18 metropolitan region, we have huge issues when
19 it comes to the operating systems, the
20 investment and what we're going to expect out
21 of our transportation system in the coming
22 decade. And I think Mitch is going to be an
23 excellent advocate for those new programs.
24 I wholly support the nomination,
25 Madam President. Thank you.
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1 THE PRESIDENT: Senator LaValle.
2 SENATOR LaVALLE: Madam
3 President, I rise also to support this
4 nomination.
5 As previous speakers have
6 indicated, Mitch Pally was counsel to the
7 Transportation Committee and helped write many
8 of the laws. I think he will find it very
9 interesting how now, from the board's
10 perspective, he will have to deal as a matter
11 of policy with some of the very laws that he
12 had helped write.
13 The Governor has made an excellent
14 nomination here. Mitch will be a very strong
15 voice for suburban interests as well as the
16 interest in general. He has really been a
17 wonderful spokesperson for Long Island,
18 through the LIA, in helping bring technology
19 companies to Long Island, really has
20 understood how higher education interacts with
21 technology, and generally has had a good sense
22 of what good planning is all about.
23 And so he will make a wonderful
24 representative on the MTA. Congratulations,
25 Mitch.
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1 THE PRESIDENT: Senator
2 Marcellino.
3 SENATOR MARCELLINO: Thank you,
4 Madam President. I also rise to second this
5 nomination.
6 I do believe that Mitch Pally will
7 bring to the office directness and an
8 openness. You don't have any doubts where
9 Mitch stands on any issue. You might not
10 always agree with him, and he might not always
11 agree with you, but there is always an honest,
12 well-thought-out conversation from him, and
13 his arguments are always on point.
14 So I think the Governor has made a
15 good appointment. And I look forward to his
16 position, and I look forward to working with
17 him for many years to come.
18 Congratulations.
19 THE PRESIDENT: Thank you.
20 Senator.
21 Senator Fuschillo.
22 SENATOR FUSCHILLO: Thank you,
23 Madam President. I too rise and proudly
24 support this nomination.
25 And I must say he brings an wealth
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1 of experience to the MTA board, having worked
2 with Senator Levy for many years on the
3 Transportation Committee.
4 But most importantly, he brings a
5 sensitivity to the board that is necessary in
6 dealing with the East Side access and so many
7 other issues that must be dealt with for the
8 commuters in the metropolitan area.
9 But he brings a sensitivity to the
10 commuters. And he knows, most importantly,
11 that we cannot keep raising their rates on a
12 monthly basis. And that's what I like out of
13 Mitch Pally that came out of his mouth today.
14 So, Mitch, congratulations. And I
15 proudly second the nomination.
16 THE PRESIDENT: The question now
17 is on the nomination of Mitchell H. Pally to
18 be a member of the Metropolitan Transportation
19 Authority to serve a term.
20 All in favor please signify by
21 saying aye.
22 (Response of "Aye.")
23 THE PRESIDENT: Opposed, nay.
24 (No response.)
25 THE PRESIDENT: The nominee is
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1 confirmed.
2 Congratulations and best wishes for
3 continued excellence.
4 (Applause.)
5 THE PRESIDENT: The Secretary
6 will continue to read.
7 THE SECRETARY: As a member of
8 the Metropolitan Transportation Authority,
9 Carl V. Wortendyke, of Upper Nyack.
10 THE PRESIDENT: Senator Johnson.
11 SENATOR JOHNSON: Move the
12 nomination.
13 THE PRESIDENT: Senator Morahan.
14 SENATOR MORAHAN: Thank you,
15 Madam President.
16 I rise as the only Senator from
17 Rockland County, unlike my colleagues from
18 Long Island, who can give nine speeches
19 because there's nine Senators. But I want to
20 talk about Carl Wortendyke, who is also going
21 to be confirmed here this afternoon to the MTA
22 board.
23 Carl is a very industrious,
24 hardworking major force, if you will, in
25 Rockland County, in our industry and in our
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1 business circles. Carl has a vital interest
2 in the transportation needs of this state, and
3 I am proud to second his nomination.
4 I know he's going to do an
5 excellent job. He will be very responsive to
6 his constituents. We have an awful lot
7 happening in the mid-Hudson area -- the
8 Tappan Zee Bridge, the infrastructure of the
9 Thruway, and all of those commuter needs that
10 the MTA serves as they service our commuters
11 going to New York City and in the region.
12 So it's with great pride that I get
13 up to say: Carl, welcome, to the MTA. You're
14 going to be a fine member, a hardworking
15 member.
16 He was formerly with the New York
17 State Parks Department as a commissioner in
18 the Capital District. And notwithstanding
19 that's a bit of a throw from Rockland County,
20 he never missed one obligation or one meeting,
21 and he took his duties very serious in that
22 position.
23 I'm firmly convinced that he will
24 be -- you know, maybe, Carl, you'll get a
25 perfect attendance T-shirt. I don't know.
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1 But I think you will be just as attentive to
2 this job, which is a major step up. And I
3 think the Governor ought to be congratulated
4 as well for having the wisdom to select you
5 and nominate you for this position.
6 So I happily second that
7 nomination, Madam President.
8 THE PRESIDENT: The question is
9 on the nomination of Carl V. Wortendyke to
10 serve a term as a member of the Metropolitan
11 Transportation Authority. All in favor please
12 signify by saying aye.
13 (Response of "Aye.")
14 THE PRESIDENT: Opposed, nay.
15 (No response.)
16 THE PRESIDENT: The nominee is
17 hereby confirmed.
18 Congratulations and best wishes for
19 continued success.
20 (Applause.)
21 THE PRESIDENT: The Secretary
22 will continue to read.
23 THE SECRETARY: As a member of
24 the New York State Olympic Regional
25 Development Authority, Serge Lussi, of Lake
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1 Placid.
2 As a member of the Correction
3 Medical Review Board, Scott S. Coyne, M.D., of
4 Huntington.
5 And as members of the Small
6 Business Advisory Board, Richard M. Bovine, of
7 East Meadow, and John C. Mitchell, of
8 Hamilton.
9 THE PRESIDENT: Senator Johnson.
10 SENATOR JOHNSON: Move the
11 nominations.
12 THE PRESIDENT: The question is
13 on the nominations as read by the Secretary
14 and as moved by Senator Johnson. All in favor
15 please signify by saying aye.
16 (Response of "Aye.")
17 THE PRESIDENT: Opposed, nay.
18 (No response.)
19 THE PRESIDENT: The nominees are
20 all hereby confirmed.
21 Senator Balboni.
22 SENATOR BALBONI: Please continue
23 in regular order, Madam President. Thank you.
24 THE PRESIDENT: Reports of select
25 committees.
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1 Communications and reports from
2 state officers.
3 Motions and resolutions.
4 Senator Farley.
5 SENATOR FARLEY: Thank you, Madam
6 President.
7 On behalf of Senator Seward, my
8 colleague right here, I wish to recommit and
9 strike the enacting clause of 4416A.
10 THE PRESIDENT: So ordered.
11 SENATOR FARLEY: And have it be
12 recommitted.
13 THE PRESIDENT: So ordered,
14 Senator.
15 SENATOR FARLEY: On behalf of
16 various Senators, amendments are offered to
17 these following Third Reading Calendar bills:
18 Senator LaValle, page 13, Calendar
19 361, Senate Print 1549;
20 Senator Fuschillo, on page 18,
21 Calendar 543, Senate Print 2602A;
22 Senator Skelos, on page 61,
23 Calendar Number 1262, Senate Print 5249A;
24 Senator Balboni, on page 67,
25 Calendar 1331, Senate Print 186;
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1 On behalf of Senator Marcellino, on
2 page 5, Calendar Number 64, Senate Print
3 1485A;
4 On behalf of Senator DeFrancisco,
5 on page 20, Calendar 592, Senate Print 48A;
6 And on behalf of Senator Saland, on
7 page 38, Calendar Number 928, Senate Print
8 4602.
9 Madam President, I move that these
10 bills retain their place on the Third Reading
11 Calendar.
12 THE PRESIDENT: The amendments
13 are received, and those bills will retain
14 their place on the Third Reading Calendar.
15 Senator Balboni.
16 SENATOR BALBONI: Madam
17 President, are there any substitutions at the
18 desk?
19 THE PRESIDENT: Yes, there are,
20 Senator.
21 SENATOR BALBONI: Please proceed.
22 THE PRESIDENT: The Secretary
23 will read.
24 THE SECRETARY: On page 9,
25 Senator Spano moves to discharge, from the
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1 Committee on Rules, Assembly Bill Number 7334
2 and substitute it for the identical Senate
3 Bill Number 3130, Third Reading Calendar 286.
4 On page 16, Senator Spano moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 6823 and substitute it
7 for the identical Senate Bill Number 2718,
8 Third Reading Calendar 506.
9 On page 18, Senator Maziarz moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 7185 and substitute it
12 for the identical Senate Bill Number 3893,
13 Third Reading Calendar 536.
14 On page 21, Senator Fuschillo moves
15 to discharge, from the Committee on Rules,
16 Assembly Bill Number 6886A and substitute it
17 for the identical Senate Bill Number 4109,
18 Third Reading Calendar 614.
19 On page 26, Senator Leibell moves
20 to discharge, from the Committee on Rules,
21 Assembly Bill Number 6723A and substitute it
22 for the identical Senate Bill Number 3626A,
23 Third Reading Calendar 726.
24 On page 34, Senator Hannon moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 8176 and substitute it
2 for the identical Senate Bill Number 3341A,
3 Third Reading Calendar 875.
4 On page 35, Senator Winner moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 8118 and substitute it
7 for the identical Senate Bill Number 4557,
8 Third Reading Calendar 879.
9 On page 39, Senator Little moves to
10 discharge, from the Committee on Rules,
11 Assembly Bill Number 8409 and substitute it
12 for the identical Senate Bill Number 5255,
13 Third Reading Calendar 966.
14 On page 45, Senator Larkin moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 2645 and substitute it
17 for the identical Senate Bill Number 1610,
18 Third Reading Calendar 1049.
19 On page 48, Senator Little moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 7872 and substitute it
22 for the identical Senate Bill Number 5256,
23 Third Reading Calendar 1117.
24 On page 48, Senator Little moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 7870 and substitute it
2 for the identical Senate Bill Number 5293,
3 Third Reading Calendar 1120.
4 On page 51, Senator Marcellino
5 moves to discharge, from the Committee on
6 Rules, Assembly Bill Number 7078 and
7 substitute it for the identical Senate Bill
8 Number 3996, Third Reading Calendar 1162.
9 On page 53, Senator Spano moves to
10 discharge, from the Committee on Rules,
11 Assembly Bill Number 8367 and substitute it
12 for the identical Senate Bill Number 5213A,
13 Third Reading Calendar 1191.
14 On page 54, Senator Volker moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 8115A and substitute it
17 for the identical Senate Bill Number 5320A,
18 Third Reading Calendar 1201.
19 On page 55, Senator LaValle moves
20 to discharge, from the Committee on Rules,
21 Assembly Bill Number 4240 and substitute it
22 for the identical Senate Bill Number 2467,
23 Third Reading Calendar 1210.
24 On page 56, Senator Robach moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 5430 and substitute it
2 for the identical Senate Bill Number 3043,
3 Third Reading Calendar 1215.
4 On page 59, Senator Flanagan moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 1873 and substitute it
7 for the identical Senate Bill Number 4290,
8 Third Reading Calendar 1243.
9 On page 68, Senator Oppenheimer
10 moves to discharge, from the Committee on
11 Rules, Assembly Bill Number 7211 and
12 substitute it for the identical Senate Bill
13 Number 4315, Third Reading Calendar 1366.
14 On page 69, Senator Skelos moves to
15 discharge, from the Committee on Crime
16 Victims, Crime and Correction, Assembly Bill
17 Number 4466 and substitute it for the
18 identical Senate Bill Number 4811, Third
19 Reading Calendar 1369.
20 On page 70, Senator Maltese moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 8543 and substitute it
23 for the identical Senate Bill Number 5389,
24 Third Reading Calendar 1378.
25 And on page 70, Senator Skelos
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1 moves to discharge, from the Committee on
2 Rules, Assembly Bill Number 8312 and
3 substitute it for the identical Senate Bill
4 Number 5470, Third Reading Calendar 1380.
5 THE PRESIDENT: Substitutions
6 ordered.
7 Senator Balboni.
8 SENATOR BALBONI: Madam
9 President, can we please adopt the Resolution
10 Calendar, with the exception of Resolution
11 Number 2347, please.
12 THE PRESIDENT: All in favor of
13 so adopting the Resolution Calendar please
14 signify by saying aye.
15 (Response of "Aye.")
16 THE PRESIDENT: Opposed, nay.
17 (No response.)
18 THE PRESIDENT: The Resolution
19 Calendar is so adopted.
20 Senator Balboni.
21 SENATOR BALBONI: There's a
22 resolution at the desk, 2347, by Senator
23 Leibell. May we please have the title read
24 and move for its immediate adoption.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: By Senator
3 Leibell, Legislative Resolution Number 2347,
4 commemorating the 50th Anniversary of the
5 Polio Vaccine.
6 THE PRESIDENT: All in favor of
7 the resolution please signify by saying aye.
8 (Response of "Aye.")
9 THE PRESIDENT: Opposed, nay.
10 (No response.)
11 THE PRESIDENT: The resolution is
12 adopted.
13 Senator Balboni.
14 SENATOR BALBONI: Senator Leibell
15 would like to open up this resolution for
16 cosponsorship. If someone does not wish to be
17 a cosponsor, they should notify the desk.
18 THE PRESIDENT: Any member who
19 does not wish to cosponsor the last
20 resolution, please notify the desk.
21 Senator Balboni.
22 SENATOR BALBONI: Yes, Madam
23 President. May we now have the reading of the
24 noncontroversial calendar.
25 THE PRESIDENT: The Secretary
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1 will read.
2 THE SECRETARY: Calendar Number
3 682, by Senator Seward, Senate Print 4061B, an
4 act to amend the Insurance Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 10. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1052, by Senator Balboni, Senate Print 939, an
16 act to amend the General Business Law and the
17 Penal Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 9. 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, 53.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1069, by Member of the Assembly Morelle,
5 Assembly Print Number 3796, an act to amend
6 the Highway Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the same date as
11 Chapter 460 of the Laws of 2004.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 52. Nays,
15 1. Senator Duane recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1070, by Senator DeFrancisco, Senate Print
20 5054, an act to amend the Navigation Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 54.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1151, by Member of the Assembly Cahill,
7 Assembly Print Number 4851, an act to amend
8 the General Municipal Law.
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, 53. Nays,
16 1. Senator Duane recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1155, by Senator Andrews, Senate Print 3386,
21 an act to amend the Racing, Pari-Mutuel
22 Wagering and Breeding Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 120th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 54.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1158, by Senator Larkin, Senate Print 5391, an
9 act to amend the Racing, Pari-Mutuel Wagering
10 and Breeding Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 1158 are
19 Senators Duane, LaValle and Padavan.
20 Ayes, 51. Nays, 3.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1191, substituted earlier today by Member of
25 the Assembly Silver, Assembly Print Number
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1 8367, an act to amend the Executive 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, 54.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1194, by Senator Maziarz, Senate Print 2281,
13 an act to amend the Vehicle and Traffic Law.
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, 54.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1195, by Senator Robach, Senate Print 3410A,
25 an act to amend the Vehicle and Traffic Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 8. This
4 act shall take effect on the first of
5 November.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 53. Nays,
9 1. Senator Duane recorded in the negative.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1199, by Senator Golden, Senate Print 5148A,
14 an act to amend the Vehicle and Traffic Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1200, by Senator Volker, Senate Print 5319, an
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1 act to amend the Highway Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1201, substituted earlier today by Member of
13 the Assembly Schroeder, Assembly Print Number
14 8115A, an act to amend the Highway Law.
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, 55.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1203, by Senator Padavan, Senate Print 5360,
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1 an act to amend the Vehicle and Traffic 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, 54. Nays,
9 2. Senators Duane and Montgomery recorded in
10 the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1206, by Member of the Assembly Destito,
15 Assembly Print Number 7517, an act to amend
16 the Patriot Plan.
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, 57.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 1207, by Member of the Assembly Towns,
3 Assembly Print Number 7959, an act to amend
4 Chapter 288 of the Laws of 2004.
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, 57.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1211, by Senator Maltese, Senate Print 2866,
16 an act to amend the Administrative Code of the
17 City of New York.
18 THE PRESIDENT: There is a
19 home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1212, by Senator Robach, Senate Print 2870, an
5 act to amend the Retirement and Social
6 Security Law, in relation to additional
7 pension benefits.
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, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1213, by Senator Robach, Senate Print 2875A,
19 an act to amend the Education Law.
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, 57.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1220, by Senator Little, Senate Print 3843, an
6 act to authorize the Village of Tupper Lake.
7 THE PRESIDENT: There is a
8 home-rule message at the desk.
9 Read the last 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, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1221, by Senator Robach, Senate Print 4293, an
19 act to amend the Retirement and Social
20 Security Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1243, substituted earlier today by Member of
7 the Assembly Wright, Assembly Print Number
8 1873, an act to amend Chapter 92 of the Laws
9 of 2001.
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, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1250, by Senator Meier, Senate Print 2317, an
21 act to amend the Executive Law and the Social
22 Services Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect on the first of January.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1290, by Senator Meier, Senate Print 5274, an
9 act authorizing the City of Utica.
10 THE PRESIDENT: There is a
11 home-rule message at the desk.
12 Read the last 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, 58.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1299, by Senator DeFrancisco, Senate Print
22 5380, an act to amend the Real Property Tax
23 Law.
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 first of January.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1323, by Senator Marcellino, Senate Print
10 5353A, an act to authorize
11 Greenlawn-Centerport Historical Association.
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, 57. Nays,
19 1. Senator Bonacic recorded in the negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1355, by Senator Trunzo, Senate Print 129, an
24 act to amend the Real Property Tax Law.
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, 58.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1357, by Senator Larkin, Senate Print 439, an
11 act to amend the Vehicle and Traffic Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of January.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1358, by Senator Hannon, Senate Print 753, an
23 act to amend the Vehicle and Traffic Law.
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 180th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1359, by Senator Winner, Senate Print 1241A,
10 an act to authorize the Department of Taxation
11 and Finance.
12 THE PRESIDENT: There is a local
13 fiscal impact note at the desk.
14 Read the last 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, 58.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1360, by Senator Flanagan, Senate Print 2842,
24 an act to amend the Vehicle and Traffic Law.
25 SENATOR ONORATO: Lay it aside.
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1 THE PRESIDENT: The bill is laid
2 aside.
3 THE SECRETARY: Calendar Number
4 1361, by Senator Golden, Senate Print 3437A,
5 an act to amend the Retirement and Social
6 Security Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 11. 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 1362, by Senator Maziarz, Senate Print 3691,
18 an act to amend the Real Property Tax Law.
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, 58.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1363, by Senator Saland, Senate Print 4042, an
5 act to authorize the New Hackensack Fire
6 District.
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, 58.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1364, by Senator Morahan, Senate Print 4103,
18 an act to amend the Environmental Conservation
19 Law.
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 1365, by Senator Wright, Senate Print 4306, an
6 act to amend the Education Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 30th day.
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 1366, substituted earlier today by Member of
18 the Assembly Paulin, Assembly Print Number
19 7211, an act to authorize the assessor of the
20 City of New Rochelle.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57. Nays,
3 1. Senator Bonacic recorded in the negative.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1367, by Senator Bruno, Senate Print 4655, an
8 act authorizing George E. Slagen III to
9 transfer credits.
10 THE PRESIDENT: There is a
11 home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
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 1371, by Senator Wright, Senate Print 4960A,
22 an act to amend the Alcoholic Beverage Control
23 Law.
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, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1372, by Senator Alesi, 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 1373, by the Senate Committee on Rules, Senate
16 Print Number 5179, an act to amend Chapter 272
17 of the Laws of 1991.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1374, by Senator Volker, Senate Print 5260, an
4 act to amend the Parks, Recreation and
5 Historic Preservation Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1375, by Senator Meier, Senate Print 5296, an
17 act authorizing the Village of Camden.
18 THE PRESIDENT: There is a
19 home-rule message at the desk.
20 Read the last 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, 58.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1378, substituted earlier today by Member of
5 the Assembly McLaughlin, Assembly Print Number
6 8543, an act to amend a chapter of the Laws of
7 2005.
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.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1380, substituted earlier today by Member of
19 the Assembly Magnarelli, Assembly Print Number
20 8312, an act to amend the Executive Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 Senator Skelos, that completes the
6 noncontroversial reading of the calendar.
7 SENATOR SKELOS: Thank you, Madam
8 President. If we could go to the
9 controversial reading of the calendar.
10 THE PRESIDENT: The Secretary
11 will ring the bell, and the members should
12 return to their seats.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1360, by Senator Flanagan, Senate Print 2842,
16 an act to amend the Executive Law and the
17 Criminal Procedure Law.
18 SENATOR ONORATO: Explanation.
19 THE PRESIDENT: Senator Flanagan,
20 an explanation has been requested.
21 SENATOR FLANAGAN: Thank you,
22 Madam President.
23 Madam President, this bill is an
24 outgrowth of issues affecting the counties and
25 based on an opinion issued by the Attorney
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1 General having to do with counties and their
2 ability to administer and create fees.
3 This would allow for a general
4 administrative fee, a drug testing fee, and an
5 electronic monitoring fee to help them
6 mitigate some of their costs involving
7 probation and people who are on probation.
8 THE PRESIDENT: Senator
9 Montgomery.
10 SENATOR MONTGOMERY: Yes, Madam
11 President, if Senator Flanagan would yield.
12 THE PRESIDENT: Senator Flanagan,
13 will you yield for a question?
14 SENATOR FLANAGAN: Yes, I will.
15 THE PRESIDENT: You may proceed
16 with a question.
17 SENATOR MONTGOMERY: Senator
18 Flanagan, I note that your memo indicates that
19 if a person is an indigenous -- if a person
20 can't afford to pay -- indigent, excuse me.
21 Thank you -- that what happens if a person is
22 unable to pay this fee, these fees?
23 SENATOR FLANAGAN: The person is
24 relieved of that responsibility. If they can
25 demonstrate there's a hardship provision so
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1 that they can't afford to pay, they're not
2 required to pay.
3 SENATOR MONTGOMERY: Is there a
4 sliding scale at all, or do -- are these fees
5 set at a certain amount and you pay no matter
6 what your ability to pay?
7 SENATOR FLANAGAN: I believe it's
8 a sliding scale. On the administrative fee,
9 it's up to $30 a month. On the drug-testing
10 fee, it actually costs up to $8 a test, but no
11 more than $600 per year per probationer. And
12 the electronic monitoring fee is up to $8 a
13 day, but no more than $900 per probationer.
14 SENATOR MONTGOMERY: Through you,
15 Madam President, if Senator Flanagan would
16 continue to yield.
17 THE PRESIDENT: Senator Flanagan,
18 do you continue to yield?
19 SENATOR FLANAGAN: Yes.
20 THE PRESIDENT: You may proceed
21 with a question, Senator.
22 SENATOR MONTGOMERY: In the event
23 someone is on probation, Senator Flanagan, and
24 they for whatever reason do not pay, what
25 happens to that person?
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1 SENATOR FLANAGAN: Senator
2 Montgomery, I have to double-check. I don't
3 want to misspeak. I'm not a hundred percent
4 sure.
5 SENATOR MONTGOMERY: All right.
6 Madam President, through you.
7 We -- there is a bill, Senator
8 Flanagan, I believe we're going to be
9 considering that bill, it's the Sexual
10 Predatory Reform Act, and that would require a
11 certain level of a sex offender to wear an
12 ankle bracelet for the rest of their life.
13 So assuming we have legislation
14 like that -- and I have met people who are
15 required to wear an ankle bracelet, not
16 because they've done anything, but because
17 they have some -- for some reason they've been
18 required to wear an ankle bracelet. In that
19 case, does that mean that that person pays
20 that fee for the rest of their life,
21 essentially?
22 SENATOR FLANAGAN: As I had said
23 previously, it's up to $8 per day, but there's
24 a cap of $900 per probationer.
25 SENATOR MONTGOMERY: Per year.
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1 SENATOR FLANAGAN: Let me go back
2 to your other question.
3 The ability to recover that fee
4 would be similar to how a county can do it
5 now, a normal recovery action to collect those
6 fees.
7 Let me just add very quickly that
8 this bill is very strongly supported by the
9 New York State Association of Counties, the
10 CSEA, we have correspondence from the
11 Westchester County Executive's office and the
12 Attorney General.
13 SENATOR MONTGOMERY: All right.
14 Thank you, Madam President. Just briefly on
15 the bill.
16 THE PRESIDENT: You may proceed
17 on the bill, Senator.
18 SENATOR MONTGOMERY: Yes, I voted
19 against this before, and I'm inclined to
20 continue my objection.
21 I just think that when we're
22 talking probation, many of the probationers
23 that I'm aware of, especially, are young
24 people, first-time offenders and what have
25 you, and that's the reason why the district
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1 attorney often uses probation rather than
2 incarceration.
3 So essentially we are looking at
4 the least able to afford, least likely group
5 that's going to be able to afford, out of all
6 of the people involved in the criminal justice
7 system, especially those. And this then
8 places an additional burden onto that young
9 person and/or their family.
10 So I really think that we should
11 consider another option for raising those
12 fees. Perhaps there are other ways that we
13 can come up with to assist the counties in the
14 cost of these services, rather than taxing
15 these -- the people that we would hope that
16 we're giving a second chance to rehabilitate
17 themselves through probation.
18 So I'm going to continue to object
19 to this legislation, Madam President. Thank
20 you.
21 THE PRESIDENT: Senator Valesky.
22 SENATOR VALESKY: Thank you,
23 Madam President. On the bill.
24 THE PRESIDENT: You may proceed
25 on the bill, Senator.
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1 SENATOR VALESKY: I rise in
2 support of this bill and commend Senator
3 Flanagan for bringing it to the floor.
4 I notice, in looking at the voting
5 record last year, that a number of my
6 colleagues voted in opposition to this bill.
7 And with all due respect to the comments of
8 Senator Montgomery, I think it may be helpful
9 for other members to know the kind of
10 pressures that local governments around the
11 state are facing and how this bill can help in
12 some small way to alleviate those pressures.
13 The Attorney General's office, as
14 many of my colleagues may know, became
15 involved in this issue a couple of years ago,
16 in the year 2003, at the request of the Essex
17 County officials. Several counties across the
18 state had already passed local laws, I believe
19 about 15 counties had passed local laws that
20 imposed a wide variety of fees that the
21 Attorney General found was impossible to do
22 without state legislation allowing counties to
23 do that.
24 So many counties have been acting
25 in good faith to ensure that a portion of
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1 probation costs be paid not by the taxpayers
2 but by those probationers who have the
3 financial wherewithal to make such payments.
4 I believe this is good public
5 policy. This is a good bill. We ought to be
6 passing this bill. I encourage the Assembly
7 to take the same action and for my colleagues
8 to support this bill today.
9 Thank you, Madam President.
10 THE PRESIDENT: Senator Onorato.
11 SENATOR ONORATO: Yes, Madam
12 President. Will the sponsor yield to a
13 question.
14 THE PRESIDENT: Senator Flanagan,
15 do you yield for a question?
16 SENATOR FLANAGAN: Yes.
17 THE PRESIDENT: You may proceed.
18 SENATOR ONORATO: Senator
19 Flanagan, is there any other category of
20 employees throughout the state that are
21 mandated to take random drug tests who are
22 required to pay for it?
23 SENATOR FLANAGAN: I don't know.
24 SENATOR ONORATO: Or are we
25 singling out only the probationary people with
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1 your bill?
2 SENATOR FLANAGAN: Senator
3 Onorato, I honestly don't know if there are
4 other people that are subject to that kind of
5 fee.
6 I'm focusing on this. This is a
7 bill that's supported by the Attorney General.
8 And counties have moved to take these actions.
9 We're trying to basically help them out and
10 work with them.
11 But you perhaps would know better
12 than I.
13 SENATOR ONORATO: Well, I agree
14 with the principles of the bill.
15 But again, if we want to start
16 raising fees, let's make it statewide for
17 anybody who's mandated to require drug testing
18 to pay for their own drug testing. Let's not
19 just single out one portion of the population
20 for it.
21 You want to make money, this is a
22 money-making bill, let's do it for everybody.
23 THE PRESIDENT: Does any other
24 member wish to be heard?
25 Senator Krueger.
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1 SENATOR LIZ KRUEGER: Thank you,
2 Madam President.
3 Would the sponsor please yield to a
4 question?
5 THE PRESIDENT: Senator Flanagan,
6 will you yield for a question?
7 SENATOR FLANAGAN: Yes.
8 THE PRESIDENT: You may proceed,
9 Senator Krueger.
10 SENATOR LIZ KRUEGER: Senator, I
11 understand this bill is specific to people on
12 probation. What's the difference -- or why
13 does this not apply to people who come out of
14 prison on parole as well?
15 SENATOR FLANAGAN: We chose to
16 limit it to those who are on probation. If
17 someone else is so inclined to introduce a
18 bill for those on parole, they should feel
19 free to do so. It's limited to people who are
20 on probation.
21 SENATOR LIZ KRUEGER: Thank you.
22 Madam President, on the bill.
23 THE PRESIDENT: You may proceed
24 on the bill.
25 SENATOR LIZ KRUEGER: Thank you.
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1 I think we're all on probation in
2 this Legislature. And it's important to be
3 held accountable, as Senator Flanagan is
4 attempting to assist counties to hold people
5 accountable.
6 We have ten days left in this
7 session, and we have a series of bills that
8 we've committed to the public that we would do
9 before the end of session. And yet with ten
10 days left, it's not clear to me that we are
11 going to follow through.
12 We should be addressing legislative
13 reform or explaining to our constituents at
14 home why we flunked our probation. We should
15 be dealing with lobbying reform, particularly
16 procurement lobbying reform, particularly in
17 light of HAVA and the question of voting
18 machines moving to the counties and lobbying
19 moving to the counties --
20 SENATOR FLANAGAN: Madam
21 President.
22 THE PRESIDENT: Senator Flanagan.
23 SENATOR FLANAGAN: Point of
24 order.
25 I believe the comments that are
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1 being made are not germane to this bill or to
2 this legislation at all.
3 THE PRESIDENT: Senator Krueger,
4 I'm going to remind you to keep your comments
5 germane, please.
6 SENATOR LIZ KRUEGER: Thank you,
7 Madam President.
8 I think it's germane because it's
9 germane to the role that we play in the
10 Legislature of moving legislation.
11 You're attempting to move this
12 legislation. You're applying it to specific
13 individuals who we've placed on probation,
14 questioning whether as early offenders they
15 should continue to have their freedom or
16 perhaps end up in jail.
17 Hopefully none of us face that
18 level of response to our failure to meet our
19 obligations.
20 But I would argue that this
21 Legislature's failure to meet fundamental
22 reforms that many of us on both sides of this
23 aisle have committed to is in fact a parallel
24 probationary question. But I respect the
25 point. Again, ten days left. We have time to
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1 do important legislation, and I believe we
2 should do it.
3 Thank you, Madam President.
4 THE PRESIDENT: Does any other
5 member wish to be heard?
6 Then the debate is closed.
7 The Secretary will ring the bell.
8 Read the last 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 PRESIDENT: Senator Diaz, to
14 explain your vote.
15 SENATOR DIAZ: Thank you, Madam
16 President.
17 Ladies and gentlemen, today, in one
18 hour, we have gone through 45 bills. Only one
19 was laid aside. I'm congratulating my
20 colleagues that today no one seems to have the
21 energy to speak on anything.
22 Maybe, maybe it was the West Side
23 Stadium defeat, to some of us, that made us
24 keep quiet today. Or maybe it was the West
25 Side Stadium victory, for other people, that
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1 made us keep quiet today.
2 One way or another, Madam
3 President, this is a precedent. In the time
4 that I have been here, it's a precedent,
5 45 bills in one hour. Praise the Lord.
6 I'm voting no.
7 THE PRESIDENT: You will be so
8 recorded as voting in the negative, Senator.
9 Senator Breslin, to explain your
10 vote.
11 SENATOR BRESLIN: Thank you,
12 Madam President.
13 Last year on this bill I voted no.
14 I didn't think there was sufficient
15 information available that it wouldn't punish
16 people who need not be punished.
17 But I've listened to the thoughtful
18 remarks of Senator Valesky. My brother
19 Michael, the county executive of Albany, did
20 place a call to me. And I really do see the
21 light, and I accept the fact that there is a
22 sufficient means test contained within the
23 bill that it's not punitive in nature, and
24 accordingly change my vote to a yes.
25 THE PRESIDENT: You will be so
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1 recorded as voting in the affirmative, Senator
2 Breslin.
3 Senator Connor, to explain your
4 vote.
5 SENATOR CONNOR: Thank you, Madam
6 President.
7 Not to be an echo, but last year I
8 voted no on this. I frankly thought it was
9 punitive, or the intent was punitive.
10 Based on the debate today and the
11 explanations, I realize that there's a fiscal
12 need, there's a budgetary need, and therefore
13 I'm voting yes this year.
14 THE PRESIDENT: You will be so
15 recorded as voting in the affirmative.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1360 are
20 Senators Diaz, Dilan, Duane, L. Krueger,
21 Montgomery, Parker, Paterson, Sabini, Serrano,
22 A. Smith and M. Smith.
23 Those Senators absent from voting:
24 Senator Saland.
25 Ayes, 47. Nays, 11.
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1 THE PRESIDENT: There is a local
2 fiscal impact note at the desk on this bill.
3 And the bill is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 1360, in the negative, also
6 Senator Schneiderman.
7 Ayes, 46. Nays, 12.
8 THE PRESIDENT: The bill is still
9 passed.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 there will be an immediate meeting of the
13 Rules Committee in the Majority Conference
14 Room.
15 And upon completion of the
16 committee meeting, we'll just report the bills
17 to the floor and then adjourn.
18 So if we could stand at ease.
19 THE PRESIDENT: There will be an
20 immediate meeting of the Rules Committee in
21 the Majority Conference Room.
22 Senator Robach.
23 SENATOR ROBACH: Yes, Madam
24 President. On page 30, I offer the following
25 amendments to Calendar 809, Senate Print
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1 Number 3110, and ask that said bill retain its
2 place on Third Reading Calendar, on behalf of
3 Senator Farley.
4 THE PRESIDENT: The amendments
5 are received, and the bill will retain its
6 place on the Third Reading Calendar.
7 SENATOR ROBACH: And also, Madam
8 President, on page number 14, I offer the
9 following amendments to Calendar Number 417,
10 Senate Print Number 2975, and ask that the
11 said bill retain its place on Third Reading
12 Calendar, on behalf of Senator Spano.
13 THE PRESIDENT: The amendments
14 are received, and the bill will retain its
15 place on the Third Reading Calendar.
16 Senator Skelos.
17 SENATOR SKELOS: If we can just
18 stand at ease, then.
19 THE PRESIDENT: The Senate stands
20 at ease.
21 (Whereupon, the Senate stood at
22 ease at 4:10 p.m.)
23 (Whereupon, the Senate reconvened
24 at 4:22 p.m.)
25 THE PRESIDENT: Senator Skelos.
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1 SENATOR SKELOS: Madam President,
2 if we could return to reports of standing
3 committees, I believe there's a report of the
4 Rules Committee at the desk. Everybody is
5 waiting for it to be read.
6 THE PRESIDENT: Reports of
7 standing committees.
8 The Secretary will read.
9 THE SECRETARY: Senator Bruno,
10 from the Committee on Rules, reports the
11 following bills:
12 Senate Print 138, by Senator
13 Trunzo, an act to amend the Public Authorities
14 Law;
15 448, by Senator Larkin, an act to
16 amend the Surrogate's Court Procedure Act;
17 1043, by Senator Padavan, an act to
18 amend the Vehicle and Traffic Law;
19 1515, by Senator Rath, an act to
20 amend the Vehicle and Traffic Law;
21 2086, by Senator Stachowski, an act
22 authorizing the Village of Hamburg;
23 2385, by Senator Morahan, an act to
24 amend the Executive Law;
25 2557, by Senator Hannon, an act to
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1 amend the Village Law;
2 3271, by Senator Winner, an act to
3 amend the Tax Law;
4 3332, by Senator Seward, an act
5 authorizing;
6 3619, by Senator Flanagan, an act
7 entitling Harold G. Hartner;
8 3625, by Senator Leibell, an act to
9 amend the General Municipal Law;
10 3709, by Senator Flanagan, an act
11 to amend the Vehicle and Traffic Law;
12 3932, by Senator Maziarz, an act to
13 amend the Environmental Conservation Law;
14 4563, by Senator Trunzo, an act to
15 amend Chapter 666 of the Laws of 1990;
16 4708, by Senator Skelos, an act to
17 amend the Vehicle and Traffic Law;
18 4757, by Senator Saland, an act to
19 amend the Executive Law;
20 4855A, by Senator DeFrancisco, an
21 act to amend the Civil Practice Law and Rules;
22 4959, by Senator Wright, an act to
23 amend the Vehicle and Traffic Law;
24 4993, by Senator Alesi, an act to
25 amend the Vehicle and Traffic Law;
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1 5171, by Senator Robach, an act to
2 amend the Penal Law;
3 5392, by Senator Meier, an act to
4 amend the Social Services Law;
5 5395, by Senator Johnson, an act to
6 amend the Tax Law;
7 And Senate Print 5505A, by Senator
8 Flanagan, an act to amend the Election Law.
9 All bills ordered direct to third
10 reading.
11 THE PRESIDENT: Senator Skelos.
12 SENATOR SKELOS: Move to accept
13 the report of the Rules Committee.
14 THE PRESIDENT: All in favor of
15 accepting the report of the Rules Committee
16 please signify by saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The report is
21 accepted.
22 Senator Skelos.
23 SENATOR SKELOS: Is there any
24 further business at the desk?
25 THE PRESIDENT: No, there isn't,
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1 Senator.
2 SENATOR SKELOS: Thank you.
3 There being no further business to
4 come before the Senate, I move we stand
5 adjourned until Wednesday, June 8th, at
6 11:00 a.m.
7 THE PRESIDENT: On motion, the
8 Senate now stands adjourned until Wednesday,
9 June 8th, 11:00 a.m.
10 (Whereupon, at 4:25 p.m., the
11 Senate adjourned.)
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