Regular Session - June 14, 2005
3762
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 14, 2005
11 3:10 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
Candyco Transcription Service, Inc.
(518) 371-8910
3763
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 again
10 today is our friend, colleague and spiritual
11 advisor, the Reverend Peter G. Young, from
12 Blessed Sacrament Church in Bolton Landing,
13 New York.
14 REVEREND YOUNG: As we look
15 forward to our cooling front, we think of the
16 elderly that have suffered in their intense
17 heat.
18 But today we ask You, O, God, to
19 remember those women of distinction that are
20 recognized for their services to the citizens
21 of New York State, that they and their good
22 works will be an example to others so that we
23 can see an enrichment of all people as service
24 to others.
25 We ask You this in Your name, now
Candyco Transcription Service, Inc.
(518) 371-8910
3764
1 and forever. Amen.
2 THE PRESIDENT: Reading of the
3 Journal.
4 THE SECRETARY: In Senate,
5 Monday, June 13, the Senate met pursuant to
6 adjournment. The Journal of Sunday, June 12,
7 was read and approved. On motion, Senate
8 adjourned.
9 THE PRESIDENT: Without
10 objection, the Journal stands approved as
11 read.
12 Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 there will be an immediate meeting of the
15 Rules Committee in the Majority Conference
16 Room.
17 THE PRESIDENT: There will be an
18 immediate meeting of the Rules Committee in
19 the Majority Conference Room.
20 Presentation of petitions.
21 Messages from the Governor.
22 Messages from the Assembly.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
Candyco Transcription Service, Inc.
(518) 371-8910
3765
1 state officers.
2 Motions and resolutions.
3 Senator Fuschillo.
4 SENATOR FUSCHILLO: Thank you,
5 Madam President. On behalf of Senator
6 Balboni, I wish to call up Senate Print Number
7 4496, recalled from the Assembly, which is now
8 at the desk.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 746, by Senator Balboni, Senate Print 4496, an
13 act to amend the Executive Law.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which the bill was
16 passed.
17 THE PRESIDENT: The Secretary
18 will call the roll upon reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 46.
21 SENATOR FUSCHILLO: I now offer
22 the following amendments.
23 THE PRESIDENT: The amendments
24 are received.
25 SENATOR FUSCHILLO: Madam
Candyco Transcription Service, Inc.
(518) 371-8910
3766
1 President, on behalf of Senator Skelos, I wish
2 to call up Calendar Number 1369, Assembly
3 Print Number 4466.
4 THE PRESIDENT: The Secretary
5 will read.
6 THE SECRETARY: Calendar Number
7 1369, by Member of the Assembly DiNapoli,
8 Assembly Print Number 4466, an act to amend
9 the Executive Law.
10 SENATOR FUSCHILLO: I now move to
11 reconsider the vote by which the Assembly bill
12 was substituted for Senate Print Number 4811
13 on June 7th.
14 THE PRESIDENT: The Secretary
15 will call the roll upon reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 46.
18 SENATOR FUSCHILLO: I now move
19 that Assembly Bill Number 4466 be committed to
20 the Committee on Rules and that the Senate
21 bill be restored to the order of Third Reading
22 Calendar.
23 THE PRESIDENT: So ordered.
24 SENATOR FUSCHILLO: I now offer
25 the following amendments.
Candyco Transcription Service, Inc.
(518) 371-8910
3767
1 THE PRESIDENT: The amendments
2 are received.
3 SENATOR FUSCHILLO: Madam
4 President, on behalf of Senator Rath, I wish
5 to call up Calendar Number 1013, Assembly
6 Print Number 227.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 1013, by Member of the Assembly Pheffer,
11 Assembly Print Number 227, an act to amend the
12 General Business Law.
13 SENATOR FUSCHILLO: I now move to
14 reconsider the vote by which the Assembly bill
15 was substituted for Senate Print Number 2901
16 on May 18th.
17 THE PRESIDENT: The Secretary
18 will call the roll upon reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 46.
21 SENATOR FUSCHILLO: I now move
22 that Assembly Bill Number 227 be committed to
23 the Committee on Rules and that the Senate
24 bill be restored to the order of Third Reading
25 Calendar.
Candyco Transcription Service, Inc.
(518) 371-8910
3768
1 THE PRESIDENT: So ordered.
2 SENATOR FUSCHILLO: I now offer
3 the following amendments.
4 THE PRESIDENT: The amendments
5 are received.
6 SENATOR FUSCHILLO: Madam
7 President, on behalf of Senator Flanagan, on
8 page number 14, Calendar Number 426, I move to
9 amend Senate Bill Number 2914A by striking out
10 the amendments made on 4/20 and restoring it
11 to its original Senate print number, 2914, and
12 ask that said bill retain its place on Third
13 Reading Calendar.
14 THE PRESIDENT: So ordered.
15 SENATOR FUSCHILLO: I now move to
16 discharge, to the Committee on Elections,
17 Assembly Print Number 1221 and substitute it
18 for the identical Senate bill, Senate Print
19 Number 2914.
20 THE PRESIDENT: So ordered.
21 SENATOR FUSCHILLO: Madam
22 President, on behalf of Senator Skelos, I wish
23 to call up Senate Print Number 3713, recalled
24 from the Assembly, which is now at the desk.
25 THE PRESIDENT: The Secretary
Candyco Transcription Service, Inc.
(518) 371-8910
3769
1 will read.
2 THE SECRETARY: Calendar Number
3 1348, by Senator Skelos, Senate Print 3713, an
4 act to amend the Criminal Procedure Law.
5 SENATOR FUSCHILLO: I now move to
6 reconsider the vote by which the bill was
7 passed.
8 THE PRESIDENT: The Secretary
9 will call the roll upon reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 46.
12 SENATOR FUSCHILLO: I now offer
13 the following amendments.
14 THE PRESIDENT: The amendments
15 are received.
16 SENATOR FUSCHILLO: Madam
17 President, on behalf of Senator DeFrancisco, I
18 wish to call up Senate Print Number 217,
19 recalled from the Assembly, which is now at
20 the desk.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 114, by Senator DeFrancisco, Senate Print 217,
25 an act to amend the Vehicle and Traffic Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3770
1 SENATOR FUSCHILLO: I now move to
2 reconsider the vote by which the bill was
3 passed.
4 THE PRESIDENT: The Secretary
5 will call the roll upon reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 46.
8 SENATOR FUSCHILLO: I now offer
9 the following amendments.
10 THE PRESIDENT: The amendments
11 are received.
12 SENATOR FUSCHILLO: Madam
13 President, on behalf of Senator Morahan, I
14 wish to call up Senate Print Number 2044A,
15 recalled from the Assembly, which is now at
16 the desk.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: Calendar Number
20 380, by Senator Morahan, Senate Print 2044A,
21 an act to authorize.
22 SENATOR FUSCHILLO: I now move to
23 reconsider the vote by which the bill was
24 passed and ask that the said bill be restored
25 to the order of third reading.
Candyco Transcription Service, Inc.
(518) 371-8910
3771
1 THE PRESIDENT: The Secretary
2 will call the roll upon reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 46.
5 SENATOR FUSCHILLO: I now move to
6 recommit Senate Print Number 2044A, Calendar
7 Number 380 on the order of third reading, to
8 the Committee on Local Government, with
9 instructions to said committee to strike out
10 the enacting clause.
11 THE PRESIDENT: So ordered.
12 SENATOR FUSCHILLO: Thank you.
13 THE PRESIDENT: Senator Meier.
14 SENATOR MEIER: Thank you, Madam
15 President.
16 Amendments are offered to the
17 following Third Reading Calendar bills:
18 By Senator LaValle, at page 4,
19 Calendar 32, Senate Print Number 165;
20 By Senator Marcellino, page 10,
21 Calendar 315, Print 1286B;
22 By Senator Fuschillo, page 10,
23 Calendar 319, Print 3492;
24 By Senator Maltese, page 23,
25 Calendar 695, Senate Print 2517A;
Candyco Transcription Service, Inc.
(518) 371-8910
3772
1 By Senator DeFrancisco, page 33,
2 Calendar 870, Senate Print 5223;
3 By Senator Hannon, page 33,
4 Calendar 880, Senate Print 4943;
5 By Senator LaValle, page 37,
6 Calendar 960, Senate Print 5162A;
7 By Senator LaValle, page 37,
8 Calendar 962, Senate Print 5164A;
9 By Senator Farley, page 39,
10 Calendar 995, Senate Print 2722;
11 By Senator Fuschillo, page 43,
12 Calendar 1066, Senate Print 4396;
13 By Senator Volker, page 43,
14 Calendar 1076, Senate Print 2415A;
15 And by Senator Seward, page 44,
16 Calendar 1109, Senate Print 4282.
17 Madam President, I now move that
18 these bills retain their place on the order of
19 third reading.
20 THE PRESIDENT: The amendments
21 are received, and the bills will retain their
22 place on the Third Reading Calendar.
23 Senator Marcellino.
24 SENATOR MARCELLINO: Yes, Madam
25 President, are there any substitutions to be
Candyco Transcription Service, Inc.
(518) 371-8910
3773
1 made?
2 THE PRESIDENT: Yes, there are,
3 Senator.
4 The Secretary will read.
5 THE SECRETARY: On page 5,
6 Senator Johnson moves to discharge, from the
7 Committee on Rules, Assembly Bill Number 111
8 and substitute it for the identical Senate
9 Bill Number 196, Third Reading Calendar 109.
10 On page 36, Senator Flanagan moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 4186 and substitute it
13 for the identical Senate Bill Number 4920,
14 Third Reading Calendar 921.
15 On page 57, Senator LaValle moves
16 to discharge, from the Committee on Rules,
17 Assembly Bill Number 4431A and substitute it
18 for the identical Senate Bill Number 2236A,
19 Third Reading Calendar 1313.
20 On page 61, Senator Maziarz moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 1201 and substitute it
23 for the identical Senate Bill Number 5451,
24 Third Reading Calendar 1445.
25 And on page 62, Senator DeFrancisco
Candyco Transcription Service, Inc.
(518) 371-8910
3774
1 moves to discharge, from the Committee on
2 Judiciary, Assembly Bill Number 4320 and
3 substitute it for the identical Senate Bill
4 Number 5514, Third Reading Calendar 1449.
5 THE PRESIDENT: Substitutions
6 ordered.
7 Senator Alesi.
8 SENATOR ALESI: Thank you, Madam
9 President.
10 Amendments are offered to the
11 following Third Reading Calendar bills:
12 Sponsored by Senator LaValle, page
13 45, Calendar 1135, Senate Print 2864A;
14 Senator Seward, page 48, Calendar
15 1198, Senate Print 4719;
16 Senator Golden, page 51, Calendar
17 Number 1231, Senate Print 5153;
18 Senator Skelos, page 54, Calendar
19 Number 1266, Senate Print 494A;
20 Senator LaValle, page 55, Calendar
21 1281, Senate Print 3322;
22 By Senator Robach, page 61,
23 Calendar Number 1444, Senate Print 5379;
24 By Senator Maziarz, page 60,
25 Calendar Number 1425, Senate Print 5468A;
Candyco Transcription Service, Inc.
(518) 371-8910
3775
1 Senator Volker, page 25, Calendar
2 Number 717, Senate Print 1628;
3 By Senator Volker, page 34,
4 Calendar Number 901, Senate Print 4625A;
5 By Senator Skelos, page 22,
6 Calendar 672, Senate Print 3898A;
7 By Senator Wright, page 29,
8 Calendar Number 810, Senate Print 3249A;
9 Senator LaValle, page 19, Calendar
10 573, Senate Print 842A;
11 And Senator Skelos, page 41,
12 Calendar 1022, Senate Print 4097.
13 Madam President, I now move that
14 these bills retain their place on the order of
15 Third Reading Calendar.
16 THE PRESIDENT: The amendments
17 are received, and the bills will retain their
18 place on the Third Reading Calendar.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Madam
21 President, can we take up Resolution Number
22 2428, by Senator Saland, have the title read
23 only, and move for its immediate adoption.
24 THE PRESIDENT: The Secretary
25 will read.
Candyco Transcription Service, Inc.
(518) 371-8910
3776
1 THE SECRETARY: By Senator
2 Saland, Legislative Resolution Number 2428,
3 congratulating the Roy C. Ketcham High School
4 Baseball Team and Coach Pat Mealy upon the
5 occasion of capturing the New York State Class
6 AA Championship.
7 THE PRESIDENT: All in favor of
8 the resolution please signify by saying aye.
9 (Response of "Aye.")
10 THE PRESIDENT: Opposed, nay.
11 (No response.)
12 THE PRESIDENT: The resolution is
13 adopted.
14 Senator Fuschillo.
15 SENATOR FUSCHILLO: Madam
16 President, on behalf of Senator Saland, I wish
17 to call up Calendar Number 1180, Assembly
18 Print Number 75.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 1180, by Member of the Assembly Pheffer,
23 Assembly Print Number 75, an act to amend the
24 General Business Law.
25 SENATOR FUSCHILLO: I now move to
Candyco Transcription Service, Inc.
(518) 371-8910
3777
1 reconsider the vote by which the Assembly bill
2 was substituted for Senate Print Number 4225
3 on May 31st.
4 THE PRESIDENT: The Secretary
5 will call the roll upon reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 51.
8 SENATOR FUSCHILLO: I now move
9 that Assembly Bill Number 75 be committed to
10 the Committee on Rules and that the Senate
11 bill be restored to the order of Third Reading
12 Calendar.
13 THE PRESIDENT: So ordered.
14 SENATOR FUSCHILLO: I now offer
15 the following amendments.
16 THE PRESIDENT: The amendments
17 are received.
18 SENATOR FUSCHILLO: Madam
19 President, on behalf of Senator LaValle, I
20 wish to call up Senate Print Number 559A,
21 recalled from the Assembly, which is now at
22 the desk.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3778
1 58, by Senator LaValle, Senate Print 559A, an
2 act to amend the Education Law.
3 SENATOR FUSCHILLO: I now move to
4 reconsider the vote by which the bill was
5 passed.
6 THE PRESIDENT: The Secretary
7 will call the roll upon reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 51.
10 SENATOR FUSCHILLO: I now offer
11 the following amendments.
12 THE PRESIDENT: The amendments
13 are received.
14 SENATOR FUSCHILLO: Madam
15 President, on behalf of Senator Maziarz, on
16 page number 50 I offer the following
17 amendments to Calendar Number 1222, Senate
18 Print Number 4476, and ask that said bill
19 retain its place on Third Reading Calendar.
20 THE PRESIDENT: The amendments
21 are received, and the bill will retain its
22 place on the Third Reading Calendar.
23 Senator Marcellino.
24 SENATOR MARCELLINO: Madam
25 President, can we stand at ease awaiting the
Candyco Transcription Service, Inc.
(518) 371-8910
3779
1 return of the Rules Committee.
2 THE PRESIDENT: The Senate stands
3 at ease.
4 (Whereupon, the Senate stood at
5 ease at 3:22 p.m.)
6 (Whereupon, the Senate reconvened
7 at 3:26 p.m.)
8 THE PRESIDENT: Senator Skelos.
9 SENATOR SKELOS: Madam President,
10 if we could return to reports of standing
11 committees, I believe there's a report of the
12 Rules Committee at the desk. I ask that it be
13 read.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 543A, by Senator
20 Nozzolio, an act to amend the Correction Law;
21 1044, by Senator Padavan, an act to
22 amend the Vehicle and Traffic Law;
23 1076A, by Senator Nozzolio, an act
24 to amend Chapter 219 of the Laws of 2002;
25 2464, by Senator Johnson, an act to
Candyco Transcription Service, Inc.
(518) 371-8910
3780
1 amend the Vehicle and Traffic Law;
2 2483, by Senator Winner, an act to
3 amend the Tax Law;
4 2494, by Senator Volker, an act to
5 amend the Civil Service Law;
6 2893B, by Senator Spano, an act to
7 amend the State Finance Law;
8 3654A, by Senator Farley, an act
9 authorizing;
10 3660, by Senator Spano, an act to
11 amend the Executive Law;
12 4000, by Senator Johnson, an act to
13 amend the Correction Law;
14 4034, by Senator Wright, an act to
15 amend the Public Authorities Law;
16 4065, by Senator Valesky, an act to
17 amend the Tax Law;
18 4148A, by Senator LaValle, an act
19 to amend the Environmental Conservation Law;
20 4239, by Senator Hannon, an act to
21 amend the Public Health Law;
22 4924A, by Senator Flanagan, an act
23 in relation to granting;
24 4968, by Senator Padavan, an act to
25 amend the Retirement and Social Security Law;
Candyco Transcription Service, Inc.
(518) 371-8910
3781
1 5258, by the Senate Committee on
2 Rules, an act to amend the Tax Law;
3 5282, by Senator Wright, an act to
4 amend the Civil Practice Law and Rules and
5 others;
6 5341, by Senator Valesky, an act to
7 amend the Tax Law;
8 5388, by the Senate Committee on
9 Rules, an act to amend the Tax Law;
10 5497, by Senator Marchi, an act to
11 authorize;
12 5503, by Senator Maziarz, an act to
13 amend the Parks, Recreation and Historic
14 Preservation Law;
15 5506, by Senator Young, an act to
16 amend the Tax Law;
17 5519, by the Senate Committee on
18 Rules, an act to amend the Tax Law;
19 5526, by Senator Meier, an act to
20 legalize, validate, ratify and confirm;
21 5535, by Senator Young, an act to
22 amend the Agriculture and Markets Law;
23 5536, by Senator Young, an act to
24 amend the Agriculture and Markets Law;
25 5545, by the Senate Committee on
Candyco Transcription Service, Inc.
(518) 371-8910
3782
1 Rules, an act to amend the Tax Law;
2 5552, by Senator Winner, an act to
3 amend the Tax Law;
4 5562, by the Senate Committee on
5 Rules, an act to amend the Tax Law;
6 5592, by Senator Bonacic, an act to
7 amend the Flood Assessment Relief Act of 2005;
8 5623, by the Senate Committee on
9 Rules, an act to amend the Social Services
10 Law;
11 And Senate Print 5657, by Senator
12 Golden, an act to amend the Retirement and
13 Social Security Law.
14 All bills ordered direct to third
15 reading.
16 THE PRESIDENT: Senator Libous.
17 SENATOR LIBOUS: I move to accept
18 the report of the Rules Committee.
19 THE PRESIDENT: All in favor of
20 accepting the Rules Committee report please
21 signify by saying aye.
22 (Response of "Aye.")
23 THE PRESIDENT: Opposed, nay.
24 (No response.)
25 THE PRESIDENT: The Rules report
Candyco Transcription Service, Inc.
(518) 371-8910
3783
1 is accepted.
2 Senator Libous.
3 SENATOR LIBOUS: Madam President,
4 could we have the noncontroversial reading of
5 the calendar, please.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 10, by Senator Sampson, Senate Print 84, an
10 act to amend the Penal Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 226, by Senator Rath, Senate Print 2636A, an
22 act to adjust certain state aid payments.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(518) 371-8910
3784
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 341, by Senator Spano, Senate Print 2898, an
9 act to amend the Penal Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first of
14 November.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 390, by Senator Maziarz, Senate Print --
22 SENATOR SCHNEIDERMAN: Lay it
23 aside.
24 THE PRESIDENT: The bill is laid
25 aside.
Candyco Transcription Service, Inc.
(518) 371-8910
3785
1 THE SECRETARY: Calendar Number
2 417, by Senator Spano, Senate Print 2975A, an
3 act to amend the Executive Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of
8 November.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56. Nays,
12 1. Senator Duane recorded in the negative.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 433, by Senator Meier, Senate Print 3318A, an
17 act in relation to adjusting.
18 THE PRESIDENT: There is a local
19 fiscal impact note 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, 57.
Candyco Transcription Service, Inc.
(518) 371-8910
3786
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 516, by Senator Farley, Senate Print 3432A, an
5 act to amend the Tax Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 525, by Senator Balboni, Senate Print 2579A,
17 an act to authorize the Village of Floral
18 Park.
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, 56. Nays,
Candyco Transcription Service, Inc.
(518) 371-8910
3787
1 1. Senator Bonacic recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 548, by Senator LaValle, Senate Print 3744, an
6 act to amend Chapter 610 of the Laws of 2004.
7 THE PRESIDENT: There is a local
8 fiscal impact note at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 592, by Senator DeFrancisco, Senate Print 48B,
19 an act to amend the Real Property Law and the
20 Real Property Actions and Proceedings Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 90th day.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3788
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 631, by Senator DeFrancisco, Senate Print
7 4170A, an act to amend the Penal Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 9. 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
18 638, by Senator LaValle, Senate Print 3149, an
19 act to amend the Vehicle and Traffic Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3789
1 THE SECRETARY: Ayes, 58.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 661, by Senator Larkin, Senate Print 2353, an
6 act to amend the Real Property Tax Law.
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
17 662, by Senator Little, Senate Print 3309, an
18 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.
Candyco Transcription Service, Inc.
(518) 371-8910
3790
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 715, by Senator Nozzolio, Senate Print 1272,
5 an act to amend the Criminal Procedure Law and
6 the General Municipal Law.
7 SENATOR SCHNEIDERMAN: Lay it
8 aside.
9 THE PRESIDENT: The bill is laid
10 aside.
11 THE SECRETARY: Calendar Number
12 806, by Senator Libous, Senate Print 2497, an
13 act to amend the Religious Corporations 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, 58.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 812, by Senator Bonacic, Senate Print 4325, an
25 act to amend Chapter 915 of the Laws of 1982
Candyco Transcription Service, Inc.
(518) 371-8910
3791
1 amending the Public Authorities 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, 58.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 857, by Senator Seward, Senate Print 4417, an
13 act to amend the Insurance Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 865, by Senator DeFrancisco, Senate Print
25 4847A, an act to amend Chapter 231 of the Laws
Candyco Transcription Service, Inc.
(518) 371-8910
3792
1 of 1998 amending the Real Property Actions and
2 Proceedings Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 876, by Member of the Assembly Eddington,
14 Assembly Print Number 81 --
15 SENATOR LIBOUS: Lay it aside for
16 the day.
17 THE PRESIDENT: The bill is laid
18 aside for the day.
19 THE SECRETARY: Calendar Number
20 877, by Senator DeFrancisco, Senate Print
21 4341, an act to amend the Public Health Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3793
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57. Nays,
4 1. Senator Valesky recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 878, by Senator Winner, Senate Print 4521, an
9 act to amend the Public Health Law.
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, 57. Nays,
17 1. Senator Valesky recorded in the negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 879, by the Assembly Committee on Rules,
22 Assembly Print Number 8118, an act to amend
23 the Public Health Law.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
3794
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, 57. Nays,
6 1. Senator Valesky recorded in the negative.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 886, by Senator Flanagan, Senate Print 3841,
11 an act to amend the Penal Law.
12 SENATOR MONTGOMERY: Lay it
13 aside.
14 THE PRESIDENT: The bill is laid
15 aside.
16 THE SECRETARY: Calendar Number
17 905, by Senator M. Smith, Senate Print 4952A,
18 an act to amend the Penal Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first of
23 November.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3795
1 THE SECRETARY: Ayes, 57. Nays,
2 1. Senator Duane recorded in the negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 940, by Member of the Assembly Gantt, Assembly
7 Print Number 6424, an act to amend Chapter 83
8 of the Laws of 2002, amending the Real
9 Property Tax Law.
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
20 984, by Senator Seward, Senate Print 4669, an
21 act to amend the Public Health Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3796
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 999, by Senator Golden, Senate Print 3497, an
8 act to amend the State Finance 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 PRESIDENT: Senator
16 Schneiderman, to explain your vote.
17 SENATOR SCHNEIDERMAN: Thank you,
18 Madam President.
19 I am supporting this legislation,
20 but by the very modest nature of its
21 provisions it really calls attention to the
22 fact that we have a lot more work to do in
23 dealing with the state's Medicaid costs, the
24 costs to local governments, which are really
25 not addressed by this legislation at all.
Candyco Transcription Service, Inc.
(518) 371-8910
3797
1 And while it is a modest step
2 forward to have a report and get some
3 information centralized relating to the costs
4 of the Medicaid program, this is something
5 that from the State of the State going forward
6 this year was touted as an issue we were going
7 to address. And I'm sorry to say that with
8 seven days left, it appears that we are not
9 going to address it.
10 I'm happy we're going to start
11 gathering some information, but there is a lot
12 more work to do in this area. And I hope that
13 we will begin to address it, if not this year,
14 certainly at the beginning of the coming
15 session.
16 Thank you. I'll be voting yes.
17 THE PRESIDENT: You will be so
18 recorded as voting in the affirmative.
19 Senator Meier.
20 SENATOR MEIER: Thank you, Madam
21 President. I rise to explain my vote.
22 I'm going to vote in the
23 affirmative on this. This is in keeping with
24 the Senate's efforts to reform Medicaid. This
25 is a continuation of that effort. This is in
Candyco Transcription Service, Inc.
(518) 371-8910
3798
1 keeping with Senator Skelos's bill with regard
2 to Medicaid fraud, some of the
3 cost-containment measures that we worked on
4 with the Governor and others in this year's
5 budget.
6 And I live in eternal hope that
7 even Senator Schneiderman might vote yes the
8 next time we put a comprehensive Medicaid
9 reform bill on the floor.
10 I vote aye.
11 THE PRESIDENT: You will be so
12 recorded as voting in the affirmative, Senator
13 Meier.
14 The Secretary will announce the
15 results.
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1033, by Senator Spano, Senate Print 5115A, an
21 act to amend the Penal Law.
22 SENATOR SABINI: Lay it aside,
23 please.
24 THE PRESIDENT: The bill is laid
25 aside.
Candyco Transcription Service, Inc.
(518) 371-8910
3799
1 THE SECRETARY: Calendar Number
2 1086, by Senator Fuschillo, Senate Print
3 3425B, an act to amend the Education Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 8. This
7 act shall take effect on the first of July.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1112, by Senator Seward, Senate Print 4650, an
15 act creating.
16 THE PRESIDENT: There is a
17 home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 16. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3800
1 THE SECRETARY: Calendar Number
2 1168, by Senator Meier, Senate Print 2507A, an
3 act to amend the Family Court Act.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1189, by Member of the Assembly Gottfried,
15 Assembly Print Number 7695, an act to amend
16 Chapter 725 of the Laws of 1989.
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, 58.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3801
1 THE SECRETARY: Calendar Number
2 1273, by Senator Saland, Senate Print 5416, an
3 act to amend the Education Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 29. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: Senator Saland,
11 to explain your vote.
12 SENATOR SALAND: Yes, Madam
13 President.
14 Madam President, this bill
15 represents the end product of some nearly two
16 years' worth of negotiations with the
17 Education Department and is the result of a
18 requirement that this Legislature in 2002
19 imposed on the Education Department to, in
20 effect, provide a report on the number of
21 mandates that were imposed upon school
22 districts.
23 The Ed Department complied; they
24 provided us that report by the summer of '03
25 as directed. It categorized federal, state
Candyco Transcription Service, Inc.
(518) 371-8910
3802
1 and regulatory requirements. This box that's
2 sitting on my desk represents the number of
3 reports that are currently required to be
4 completed.
5 As a result of this legislation,
6 which hopefully we'll be able to successfully
7 negotiate to completion before the end of this
8 session, there will be a dramatic reduction in
9 the paperwork requirements imposed upon all of
10 our school districts -- large, small, any part
11 of the state.
12 It's been extremely well received
13 and strongly supported. And let me just read
14 from the School Boards Association memo in
15 support in which they say: "While it may be
16 impossible to quantify the cost reductions
17 that would result from these efficiencies at
18 this time, the savings in staff time, printing
19 and mailing at the state and local levels for
20 preparing and reviewing these documents will
21 certainly be significant."
22 Thank you, Madam President. I
23 certainly vote in support of this. I commend
24 my colleagues for having had the foresight to
25 impose this requirement upon the Department of
Candyco Transcription Service, Inc.
(518) 371-8910
3803
1 Education. And this is one of those occasions
2 where a report which we have received
3 certainly has served us well.
4 THE PRESIDENT: You will be so
5 recorded as voting in the affirmative, Senator
6 Saland, on this bill.
7 The Secretary will announce the
8 results.
9 THE SECRETARY: Ayes, 59.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1306, by Senator Farley, Senate Print 4039, an
14 act to amend the Banking Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1376, by Senator Spano, Senate Print 5355, an
Candyco Transcription Service, Inc.
(518) 371-8910
3804
1 act to amend --
2 SENATOR MONTGOMERY: Lay it
3 aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 1402, by Senator Johnson, Senate Print 5395,
8 an act to amend the Tax 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, 58. Nays,
16 1. Senator LaValle recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1403, by Senator Flanagan, Senate Print 5505A,
21 an act to amend the Election Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3805
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1404, by Senator Trunzo, Senate Print 431A, an
8 act to amend the Executive Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 60th day.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1430, by Senator Padavan, Senate Print 3339,
20 an act to amend the Retirement and Social
21 Security Law.
22 THE PRESIDENT: There is a
23 home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3806
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1432, by Senator Larkin, Senate Print 3981, an
9 act to authorize the transfer of service
10 credit.
11 THE PRESIDENT: There is a
12 home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1434, by Senator Skelos, Senate Print 4169, an
23 act to amend the Tax Law.
24 SENATOR SCHNEIDERMAN: Lay it
25 aside.
Candyco Transcription Service, Inc.
(518) 371-8910
3807
1 THE PRESIDENT: The bill is laid
2 aside.
3 THE SECRETARY: Calendar Number
4 1435, by Senator Hannon, Senate Print 4236, an
5 act to amend the Criminal Procedure Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 6. This
9 act shall take effect on the first of
10 November.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58. Nays,
14 1. Senator Duane recorded in the negative.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1436, by Senator Leibell, Senate Print 4523,
19 an act to amend the Soil and Water
20 Conservation Districts 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.
Candyco Transcription Service, Inc.
(518) 371-8910
3808
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1437, by Senator Flanagan, Senate Print 4896,
7 an act to amend the Public Officers Law.
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, 59.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1438, by Senator Johnson, Senate Print 4962A,
19 an act to amend the Tax Law.
20 THE PRESIDENT: There is a local
21 fiscal impact note at the desk.
22 Read the last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3809
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1439, by Senator Alesi, Senate Print 5023, an
7 act to amend the Retirement and Social
8 Security 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, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1441, by Senator Nozzolio, Senate Print 5196,
20 an act to amend the Executive Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3810
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1443, by Senator Johnson, Senate Print 5252,
7 an act to amend the Tax Law.
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, 59.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1445, substituted earlier today by Member of
19 the Assembly Nolan, Assembly Print Number
20 1201, an act to amend the Workers'
21 Compensation Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3811
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1446, by Senator Maltese, Senate Print 5463,
8 an act to amend the Labor Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 8. This
12 act shall take effect on the 120th day.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1449, substituted earlier today by Member of
20 the Assembly Seddio, Assembly Print Number
21 4320, an act to amend the New York City Civil
22 Court Act and others.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3812
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1452, by Senator Volker, Senate Print 5539, an
9 act to amend the Criminal Procedure Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1486, by Senator Golden, Senate Print 5657, an
21 act to amend the Retirement and Social
22 Security Law and the Administrative Code of
23 the City of New York.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
3813
1 THE SECRETARY: Section 14. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 THE PRESIDENT: The bill is
7 passed.
8 Senator Libous, that completes the
9 noncontroversial reading of the calendar.
10 SENATOR LIBOUS: Madam President,
11 could we do the controversial calendar now,
12 please.
13 THE PRESIDENT: The Secretary
14 will ring the bell, and members should return
15 to their seats.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 390, by Senator Maziarz, Senate Print 1984A,
19 an act to amend the Economic Development Law.
20 SENATOR SCHNEIDERMAN:
21 Explanation.
22 THE PRESIDENT: Senator Maziarz,
23 an explanation has been requested.
24 SENATOR SCHNEIDERMAN: A brief
25 explanation.
Candyco Transcription Service, Inc.
(518) 371-8910
3814
1 SENATOR MAZIARZ: Thank you,
2 Madam President.
3 This bill amends the Economic
4 Development Law to create the Empire State
5 Golf Trails program. Just, I think, last week
6 or the week before that, we created the Empire
7 State Brewery Trails program, which was voted
8 upon unanimously.
9 This is an economic development
10 tool to increase tourism in New York. Golf is
11 a very popular sport. A recent study by the
12 National Golf Foundation found that in our
13 neighboring Pennsylvania, golf generates
14 $1.1 billion in direct economic benefit and
15 $2.3 billion in direct and indirect benefits
16 from tourists, from people who like to play
17 golf.
18 I know that a study was done in
19 relationship to the "Fast Ferry" between the
20 city of Rochester and Toronto, and the
21 marketing firm found that one of the things
22 that the Ontario market desired most about
23 coming to New York State was the multiple golf
24 courses and the range of prices that we have.
25 Thank you, Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910
3815
1 THE PRESIDENT: Senator Sabini.
2 SENATOR SABINI: Madam President,
3 would the sponsor yield for a few questions.
4 THE PRESIDENT: Senator Maziarz,
5 will you yield for a question?
6 SENATOR MAZIARZ: Yes, Madam
7 President.
8 THE PRESIDENT: You may proceed
9 with a question.
10 SENATOR SABINI: Madam President,
11 through you, I was just wondering if the
12 sponsor had an idea of how much the costs will
13 be -- I know there will be some economic
14 benefit, but how much the costs of this
15 program would be to the taxpayers of this
16 state.
17 SENATOR MAZIARZ: It would be
18 done through the Empire State Economic
19 Development Department, Senator, through the
20 "I Love New York" program, with the current
21 staff. I don't think there'd be an additional
22 cost.
23 If it would, Senator, it would be
24 minimal. Probably equal to what the cost
25 would be for the Empire State Brewery Trails
Candyco Transcription Service, Inc.
(518) 371-8910
3816
1 program.
2 SENATOR SABINI: Madam President,
3 if the sponsor would continue to yield.
4 SENATOR MAZIARZ: Yes, Madam
5 President.
6 THE PRESIDENT: Senator Maziarz
7 does yield.
8 You may proceed, Senator.
9 SENATOR SABINI: While there's
10 similarity with the brewery trails bill and
11 this bill, and certainly breweries and golf
12 courses are two places I'm familiar with, I
13 was wondering, since I believe this bill had
14 an earlier version, is this -- did we pass a
15 bill of this sort before under golf trails?
16 Or is this the first go-round on this?
17 SENATOR MAZIARZ: No, I don't
18 believe there's a version at least similar to
19 this that was passed already, Senator.
20 SENATOR SABINI: It was my
21 recollection that the brewery trails bill was
22 supported by and in fact initiated by
23 New York's brewers, whereas the golf trails
24 bill is opposed by the New York Golf Course
25 Owners Association, on the grounds that they
Candyco Transcription Service, Inc.
(518) 371-8910
3817
1 feel they already do sufficient publicity and
2 tour packaging for their courses and don't
3 need government intervention to market their
4 courses, they can do it quite well on their
5 own.
6 Madam President, on the bill.
7 THE PRESIDENT: You may proceed
8 on the bill.
9 SENATOR SABINI: Through you,
10 Madam President, you know, this bill seems
11 rather innocuous, as a lot of the bills we do
12 pass. But there is a cost to people, both a
13 net cost to taxpayers and also a hidden cost.
14 And that is that in the bill, in the sponsor's
15 memorandum it talks about how the State
16 Department of Economic Development would --
17 the commissioner would be compelled to
18 contract with a travel vacation company for
19 the development of golf vacation packages.
20 And while, again, that sounds
21 innocuous enough, what happens in situations
22 like that, as we all know, is that in order to
23 do a contract there is a procurement process,
24 the procurement process involves lobbying.
25 And we are here, seven days left in the
Candyco Transcription Service, Inc.
(518) 371-8910
3818
1 session, without an opportunity to vote on a
2 bill that would deal with just that. So here
3 we have a bill that's going to cause a whole
4 'nother procurement process.
5 And yet we do this over and over
6 without thinking of how it affects the
7 taxpayers, who gets access to these contracts,
8 who will wind up getting favorable review from
9 the commissioner, frankly, even how the
10 commissioner reviews under what we have right
11 now, which is a very, very minimal structure
12 for procurement processes.
13 So I will support the bill in the
14 sense that we probably could use something
15 like this, but this is not a bill that came
16 out of the industry. It's not a bill that
17 frankly has enough review, and allows our
18 procurement process to continue to run wild.
19 And I hope before we go home from
20 our session next week that this house deals
21 with a true procurement process reform package
22 that will allow the taxpayers to have some
23 confidence that when we do something like
24 this, that it's not done to facilitate
25 lobbying under the cover of darkness, like we
Candyco Transcription Service, Inc.
(518) 371-8910
3819
1 have now.
2 Thank you, Madam President.
3 THE PRESIDENT: Does any other
4 member wish to be heard on this bill?
5 Then the debate is closed.
6 The Secretary will ring the bell.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: In relation to
13 Calendar Number 390, ayes, 61.
14 Absent from voting: Senator
15 Andrews.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 715, by Senator Nozzolio, Senate Print 1272,
20 an act to amend the Criminal Procedure Law and
21 the General Municipal Law.
22 SENATOR SCHNEIDERMAN:
23 Explanation.
24 THE PRESIDENT: Senator Nozzolio,
25 an explanation has been requested.
Candyco Transcription Service, Inc.
(518) 371-8910
3820
1 SENATOR NOZZOLIO: Thank you,
2 Madam President.
3 This measure requires that
4 employers, when background checks are being
5 administered, undertaken by law enforcement
6 officials, that former employers are to
7 provide information relevant to the background
8 that the investigators are checking.
9 We want to amend, through this
10 measure, the Criminal Procedure Law, the
11 General Municipal Law regarding background
12 checks for law enforcement officials --
13 security officers and police officers.
14 THE PRESIDENT: Senator
15 Schneiderman.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Madam President. If the sponsor would yield
18 for a few brief questions.
19 SENATOR NOZZOLIO: Yes, Madam
20 President.
21 THE PRESIDENT: Senator Nozzolio
22 does yield.
23 You may proceed.
24 SENATOR NOZZOLIO: Yes, Madam
25 President.
Candyco Transcription Service, Inc.
(518) 371-8910
3821
1 SENATOR SCHNEIDERMAN: Thank you.
2 I think that, first of all, the
3 effort to encourage background checks I
4 certainly think is something that I support,
5 and I commend the sponsor for trying to
6 advance legislation in this area.
7 My concern really is in the section
8 of this legislation that relates to potential
9 liability of employers for -- by virtue of
10 releasing employment information.
11 And I'd like to ask, in this
12 provision, which states "in the absence of
13 fraud or malice, no employer shall be subject
14 to any civil liability," does that mean that
15 if an employer negligently sent the wrong
16 person's records out -- yes, I agree with the
17 sponsor. Thank you.
18 Does that mean, this provision mean
19 that if an employer negligently sends the
20 wrong person's records out and then someone
21 doesn't get hired because the records of a
22 different background check were provided, that
23 they wouldn't be subject to liability unless
24 it was an intentional malicious effort on the
25 part of that employer?
Candyco Transcription Service, Inc.
(518) 371-8910
3822
1 SENATOR NOZZOLIO: Madam
2 President, the Senator's question I think can
3 be answered simply, that the problem in
4 procuring information that's so relevant to
5 the character and fitness of security officers
6 and police officers has to have additional
7 safeguards and additional qualification.
8 Because what's happening right now
9 is that as these background checks are taking
10 place, employers are fearful of liability and,
11 as with most personnel matters, only the very
12 bare-bones information is being provided to
13 subsequent employers.
14 What we are trying to do with this
15 measure is to give protections to employers
16 for the sole purpose of providing information
17 relative to background information for
18 security personnel. That this liability
19 question that the Senator raises I think is
20 dealt with in this measure.
21 To answer his specific question,
22 they'd be under no more liability than they
23 would be if it was for any other check. I
24 don't believe that this measure changes that
25 liability of the particular employer.
Candyco Transcription Service, Inc.
(518) 371-8910
3823
1 SENATOR SCHNEIDERMAN: Thank you,
2 Madam President. Thank the sponsor.
3 On the bill.
4 THE PRESIDENT: You may proceed
5 on the bill, Senator.
6 SENATOR SCHNEIDERMAN: I think we
7 are into an area that unfortunately, given
8 that the problems of our time is increasingly
9 important, we do have to have background
10 checks, we do have to have access to
11 employment records.
12 But I would respectfully suggest
13 that the standards set forth in this bill is
14 really extraordinary. Even other bills that
15 attempt to exempt people from some forms of
16 liability that we see come through this house
17 from time to time, I don't recall one that
18 restricts liability to cases of fraud or
19 malice.
20 This legislation really sets the
21 bar too low. We want to make sure that
22 employment records are made available for
23 background checks. We can require that by
24 law. But we want to make sure also that the
25 employer releasing those records does so in a
Candyco Transcription Service, Inc.
(518) 371-8910
3824
1 careful, accurate way. The potential for
2 damage to people through the negligent
3 releasing of wrongful information is
4 tremendous.
5 I mean, it would be grossly unfair
6 for someone not to get a job because the wrong
7 personnel records were provided. It would be
8 grossly unfair and dangerous if there was an
9 employee who had a series of problems and the
10 wrong record was sent and the background check
11 was cleared and this person turned out to be
12 someone incredibly dangerous.
13 They would be exempt from
14 liability, the employer who sent the wrong
15 records would be exempt. You could be doing a
16 background check for someone performing vital
17 security services and if the employer says,
18 "Oh, I'm going to send the background records
19 of the choirboy who was sitting next to the
20 recidivist felon who we fired," there's no
21 liability.
22 So I would suggest that even those
23 who are concerned about making sure we have
24 access to employment records should not
25 attempt to pass a bill that imposes this sort
Candyco Transcription Service, Inc.
(518) 371-8910
3825
1 of a standard. This is about getting accurate
2 information for prospective police officers,
3 for security guards, for people who could
4 provide vital services that we all -- and we
5 want those people to have effective background
6 checks done.
7 I suggest that this bill gives with
8 the first half, and it opens the door to
9 background checks, and then it takes away with
10 the second half, because it closes the door to
11 any need for accuracy in the release of
12 employment records.
13 I strongly suggest that we change
14 that provision so that we can come together
15 around a bill that would solve this very, very
16 serious problem. As drafted now, there is no
17 doubt that this would create a situation where
18 without any fear of liability, without any
19 fear that there's any punishment for
20 proceeding in the most negligent possible way,
21 there's no incentive for employers to ensure
22 that they accurately provide records.
23 So I'm going to vote no, Madam
24 President, and encourage everyone to do
25 likewise.
Candyco Transcription Service, Inc.
(518) 371-8910
3826
1 THE PRESIDENT: Does any other
2 member wish to be heard?
3 Then the debate is closed.
4 The Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 120th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: Senator
11 DeFrancisco, to explain your vote.
12 SENATOR DeFRANCISCO: Yes, I'm
13 going to vote no on this.
14 Obviously, we want to encourage
15 people to have background checks. But on the
16 other hand, if the only way that someone's
17 liable is if it's malice or fraud, I really
18 question the accuracy.
19 On the one hand, people look at
20 that as a protection to the employer, so that
21 they won't get sued needlessly. But on the
22 other hand, if you flip it around, how
23 accurate will the information be if someone
24 can willy-nilly provide records without any
25 accountability to the law enforcement
Candyco Transcription Service, Inc.
(518) 371-8910
3827
1 officials or to those who are doing the
2 background checks? There's really no
3 incentive in order to get accurate information
4 out.
5 And I think you can have a higher
6 standard than negligence, but when you get to
7 fraud and malice, really, that lets anybody
8 giving information carte blanche as to what
9 they want to give, which is not going to
10 provide accurate information, which is
11 definitely needed in this situation.
12 For those reasons, I'm voting no.
13 THE PRESIDENT: Senator
14 DeFrancisco, you will be recorded as voting in
15 the negative on this bill.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 715 are
20 Senators Brown, Connor, DeFrancisco, Dilan,
21 Duane, Gonzalez, Hassell-Thompson, Klein,
22 L. Krueger, C. Kruger, Marchi, Montgomery,
23 Onorato, Parker, Paterson, Sabini, Sampson,
24 Savino, Schneiderman, Serrano, A. Smith,
25 M. Smith, Stachowski and Stavisky.
Candyco Transcription Service, Inc.
(518) 371-8910
3828
1 Ayes, 37. Nays, 24.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Excuse me. Also
5 absent from voting on Calendar Number 715:
6 Senator Andrews.
7 THE PRESIDENT: The bill is still
8 passed.
9 THE SECRETARY: Calendar Number
10 886, by Senator Flanagan, Senate Print 3841,
11 an act to amend the Penal Law.
12 SENATOR MONTGOMERY: Explanation.
13 THE PRESIDENT: Senator Flanagan,
14 an explanation has been requested.
15 SENATOR FLANAGAN: Thank you,
16 Madam President.
17 In 2000, when we did the Sexual
18 Assault Reform Act, we made some changes in
19 the law, one of which was to expand the crimes
20 of rape and sodomy in the first degree to
21 include victims who were under the age of 13.
22 The law had previously been 11 [sic], so now
23 we were including 11- and 12-year-olds.
24 This bill makes a conforming change
25 to what we believe was an oversight to change
Candyco Transcription Service, Inc.
(518) 371-8910
3829
1 the crimes of sexual abuse in the first,
2 second, and third degree, to move them from
3 misdemeanors to felonies.
4 And this bill is strongly supported
5 by Parents for Megan's Law.
6 THE PRESIDENT: Senator
7 Montgomery.
8 SENATOR MONTGOMERY: Yes, Madam
9 President, I want to just make comment on this
10 legislation.
11 THE PRESIDENT: You may proceed
12 on the bill, Senator.
13 SENATOR MONTGOMERY: I have in my
14 notes here, from the introducer's memorandum
15 in support, that we're adding a new provision
16 to aggravated sexual abuse in the second
17 degree to provide that a person is guilty of
18 the crime when he inserts a finger in the
19 vagina, urethra, and et cetera.
20 Now, I don't -- I thought that we
21 had passed the omnibus sex reform act last
22 week, and we tried to do everything in that
23 bill and include everyone and everything. And
24 yet we come back today with additional sex
25 abuse bills. I don't know what the obsession
Candyco Transcription Service, Inc.
(518) 371-8910
3830
1 is that we have with sex, but now we have
2 another one, with nasty language in it to
3 boot.
4 And we also have one on the
5 calendar where if someone is groped in a
6 subway, or groping in a subway -- it's the
7 groping bill, I call it -- it's a Class E
8 felony. And it goes on and on.
9 There's another sex bill on our --
10 on our -- there's probably others that I
11 didn't find. But there's another one; Senator
12 Spano has one.
13 So we have all of these sex offense
14 legislation, which certainly we all have
15 serious problems with people who are guilty of
16 sex abuse. But it seems to me, Madam
17 President, that we are obsessed with it in
18 this house, and I can't figure it out.
19 I will be voting no on this
20 legislation, as I have voted in the past on
21 other measures that I thought went way too far
22 in capturing young, young children, teenagers.
23 And I would be willing to make a
24 prediction that long when I'm gone, and many
25 of us in here may be gone as well, this
Candyco Transcription Service, Inc.
(518) 371-8910
3831
1 Legislature will be back here trying to do
2 some sex abuse reform because we'll have so
3 many young men, in particular, who will have
4 gotten caught up in this legislation that we
5 are attempting to pass, and they will be stuck
6 in a registry for the rest of their lives
7 vis-a-vis legislation that has passed here
8 with us.
9 So I'm voting no on this, because I
10 don't think we require to do one more thing.
11 I would have voted no on Calendar Number 10 if
12 I had not been in a meeting in another place
13 in the building. And I will vote no on these
14 bills, because I think that we have enough.
15 The Congressional Black Caucus is
16 holding sessions across the country on what is
17 happening to black males. They are trying to
18 figure out -- now they are looking around to
19 see that we have in some places 60 percent of
20 the population of black men are incarcerated
21 in some states when they're only 6 percent of
22 the total population.
23 And we are moving in that direction
24 in the State of New York. We have almost the
25 same statistics. We have a conference coming
Candyco Transcription Service, Inc.
(518) 371-8910
3832
1 up on Saturday in New York City talking about
2 this issue.
3 So, my colleagues, while it doesn't
4 seem like it makes any difference, I'm telling
5 you it makes a difference to black men in this
6 country, these bills that target a certain
7 kind of crime and escalates it from a
8 misdemeanor, A, to a felony, E, and then it
9 goes up from there.
10 And all of these people now are
11 coming out of prison, can't get work. Why?
12 Because they have these felony convictions,
13 many of them, even though they've served their
14 time and whatever else.
15 So we need to be careful about
16 this. This process is beginning to erode
17 certain sectors of this America society. And
18 I feel very strong about it. We cannot
19 continue to talk about the problem on one end
20 and participate in being the source of the
21 problem on the other end.
22 So I'm voting no, Madam President,
23 and I hope that my colleagues will begin to
24 consider the implications of even making a
25 statement about all of this penal system as
Candyco Transcription Service, Inc.
(518) 371-8910
3833
1 the answer to all of the issues. Every time
2 there is a new issue or a new problem or a new
3 experience, we run to the books to make a law
4 to further incarcerate another group.
5 I think this is the wrong way to
6 go, and I'm voting no.
7 Thank you.
8 THE PRESIDENT: Senator Flanagan.
9 SENATOR FLANAGAN: Thank you,
10 Madam President. On the bill.
11 THE PRESIDENT: You may proceed
12 on the bill.
13 SENATOR FLANAGAN: Let me make it
14 clear what this bill is about. It's not about
15 a group, it's not about any one sector of our
16 society, anyone who lives in one community
17 versus another.
18 This bill is about protecting
19 children. It's not about singling anybody
20 out, unless you're going to talk about
21 protecting children.
22 And this is not radical, ladies and
23 gentlemen. This is the Sexual Assault Reform
24 Act of 2000. We heightened the penalties for
25 strict liability crimes of rape and sodomy.
Candyco Transcription Service, Inc.
(518) 371-8910
3834
1 We're not talking about casual events here;
2 we're talking about rape and sodomy. We're
3 taking aggravated sexual assault in the first,
4 second, and third degree and we're moving them
5 up to a felony.
6 I appreciate and I respect Senator
7 Montgomery's comments. I completely disagree
8 with them.
9 Now, you want to pass the omnibus
10 sexual offenders bill? I voted for that. The
11 Assembly passes it, I'll pull this bill right
12 now. But since it's almost been made clear --
13 or it's been made clear that they have no
14 intention of doing that, we have to take some
15 baby steps along the way.
16 I think this is an important bill
17 about protecting children. The issues you
18 raise may or may not be legitimate, but I
19 think they should be dealt with in a separate
20 forum. We're talking about conforming a law
21 for what I consider to be, and I think many of
22 our colleagues consider to be, very serious
23 offenses against children.
24 And maybe I'm unique, but I don't
25 think so. Eleven- and 12-year-olds, I still
Candyco Transcription Service, Inc.
(518) 371-8910
3835
1 consider them kids. And when these type of
2 assaults are occurring against children by
3 people who are 18 years or older, that's a
4 problem.
5 And I think it's a problem, and
6 many others think it's a problem. This bill
7 passed 59 to 1 last year. I'm hoping that the
8 Assembly will act.
9 But this is about protecting
10 children. It's not about going after anybody
11 else.
12 THE PRESIDENT: Does any other
13 member wish to be heard?
14 Then the debate is closed.
15 The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the first of
19 November.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator Saland,
23 to explain your vote.
24 SENATOR SALAND: Thank you, Madam
25 President.
Candyco Transcription Service, Inc.
(518) 371-8910
3836
1 Madam President, I heard the debate
2 that ensued between Senator Montgomery and
3 Senator Flanagan. And what I would like to
4 add, to the extent that I can, is my
5 commendation to Senator Flanagan. I am
6 pleased to join him as one of the cosponsors
7 of this legislation.
8 This is not about the demographics
9 of any particular crime. If it befalls this
10 house, and in fact this Majority, the task of
11 having to try and deal with the issue of abuse
12 of children, sexual abuse of children, then we
13 have attempted in so many different ways to
14 accomplish that. And Senator Flanagan has
15 ably pointed out why we're forced to resort to
16 smaller measures instead of a more
17 comprehensive measure.
18 First and foremost, our obligation
19 is to public safety. And among the most
20 vulnerable, those least capable of protecting
21 themselves are children. And, to the extent
22 that we want to make a statement, that it's
23 totally beyond the appeal of anything that you
24 can find socially justifiable, redeemable --
25 contrary to any policy that you could possibly
Candyco Transcription Service, Inc.
(518) 371-8910
3837
1 adhere to.
2 What this bill says if somebody
3 abuses a child in the fashion that has been
4 alluded to during the course of this debate,
5 and that person is less than 12 years old and
6 the actor is 18 years or older, they're going
7 to get a stepped-up penalty. Now, what could
8 possibly be inappropriate about that?
9 It has absolutely nothing to do
10 with demographics. I don't even know if
11 there's a repository anywhere with the
12 information that would define who these
13 people -- who are some of the sickest, most
14 bizarre, pedophilic, distorted, disgusting
15 people -- might be. Maybe you'll find it
16 somewhere in the U.S. Justice Department.
17 But certainly there is nothing
18 about this issue that smacks of race and
19 ethnicity. It's all about protecting
20 children, young, unprotected children.
21 I cast my vote in the affirmative.
22 THE PRESIDENT: Senator Saland,
23 you will be recorded as voting in the
24 affirmative on this bill.
25 The Secretary will announce the
Candyco Transcription Service, Inc.
(518) 371-8910
3838
1 results.
2 THE SECRETARY: Ayes, 61. Nays,
3 1. Senator Montgomery recorded in the
4 negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1033, by Senator Spano, Senate Print 5115A, an
9 act to amend the Penal Law.
10 SENATOR SABINI: Explanation.
11 THE PRESIDENT: Senator Spano, an
12 explanation has been requested.
13 SENATOR SPANO: This bill
14 establishes a Class A misdemeanor for
15 disruption of a sports contest. So, for
16 instance, if someone is trying to throw
17 something onto the field that could cause
18 injury to a fan, if they're unhappy with the
19 game, decide to throw their beer at the
20 pitcher, they would be -- could be held liable
21 for a Class A misdemeanor.
22 THE PRESIDENT: Senator Sabini.
23 SENATOR SABINI: Madam President,
24 if the sponsor would yield for a question or
25 two.
Candyco Transcription Service, Inc.
(518) 371-8910
3839
1 THE PRESIDENT: Senator Spano,
2 will you yield?
3 SENATOR SPANO: Sure.
4 THE PRESIDENT: You may proceed,
5 Senator.
6 SENATOR SABINI: Through you,
7 Madam President, I noted with interest that
8 this is a similar bill to one Senator Skelos
9 has proposed in the last few years regarding
10 the disruption of sporting events by fans.
11 I'm wondering if, if the sponsor is
12 familiar with the other bill, you could
13 outline the differences.
14 SENATOR SPANO: Senator Skelos's
15 bill was making a felony, creating a felony
16 for an assault. This would be a misdemeanor
17 for disruption.
18 SENATOR SABINI: And if the
19 sponsor would yield for another question,
20 Madam President.
21 THE PRESIDENT: Senator Spano, do
22 you yield?
23 SENATOR SPANO: Yes.
24 THE PRESIDENT: You may proceed,
25 Senator.
Candyco Transcription Service, Inc.
(518) 371-8910
3840
1 SENATOR SABINI: Through you,
2 Madam President, I'm just wondering if a
3 disruption of a sporting event would -- we
4 witnessed a situation this year in the
5 National Basketball Association where members
6 of the Detroit Pistons and Indiana Pacers got
7 into a fight, and they went into the stands to
8 cause a disruption.
9 Would one of the players be liable
10 under this law?
11 SENATOR SPANO: No, they would
12 not.
13 SENATOR SABINI: If the sponsor
14 would further yield for another question.
15 THE PRESIDENT: Senator Spano, do
16 you yield?
17 SENATOR SPANO: Sure.
18 THE PRESIDENT: You may proceed,
19 Senator.
20 SENATOR SABINI: So by that
21 measure -- we witnessed, for example, New York
22 Yankee outfielder Gary Sheffield shoving a fan
23 at one point during this season. That
24 wouldn't be covered under this either?
25 SENATOR SPANO: No, that would
Candyco Transcription Service, Inc.
(518) 371-8910
3841
1 not.
2 There's -- that would be covered
3 under existing law, under the assault statutes
4 that exist today.
5 SENATOR SABINI: Madam President,
6 I don't want to prolong it. On the bill, if I
7 may.
8 THE PRESIDENT: You may proceed
9 on the bill, Senator.
10 SENATOR SABINI: I don't fault
11 the sponsor for proposing this. I just worry
12 that it creates, again, a second class
13 separating the players from the fans.
14 No one wants to see fans disrupting
15 sporting events. But over the years, in
16 recent years we've seen situation after
17 situation where the players get just as
18 involved with the fans as the fans with the
19 players.
20 And I think that we should be
21 amending these bills and the sponsor should be
22 amending these bills to ensure that both sides
23 are covered. I mentioned about the Pistons
24 and the Pacers. I mentioned about Gary
25 Sheffield.
Candyco Transcription Service, Inc.
(518) 371-8910
3842
1 I want to bring to my colleagues'
2 attention the fact that Frank Francisco, a
3 pitcher on the Texas Rangers during the year
4 2004, from his position in the bullpen, threw
5 a chair into the seats and assaulted a fan who
6 has now got a five-figure judgment from the
7 Texas Rangers and Major League Baseball.
8 I'm sure the sponsor shares my
9 outrage, as an American of Italian descent,
10 when Randall Simon assaulted the Italian
11 Sausage in Milwaukee on the field with a
12 baseball bat, in what was clearly a bias case
13 as well, in my opinion.
14 I just don't think we should be
15 just pinning all this on the fans. I think we
16 create a bit of a double standard.
17 I'm going to vote for the bill, but
18 I would ask, again, sponsors of these to take
19 into account that there are really two sides
20 of the fence in a baseball game and in a
21 sporting event. And very often our players,
22 even our own state's players, have been just
23 as guilty of going after fans as the fans have
24 of players.
25 I'll be voting in the affirmative
Candyco Transcription Service, Inc.
(518) 371-8910
3843
1 with those provisions. Thank you.
2 THE PRESIDENT: Does any other
3 member wish to be heard?
4 Then the debate is closed.
5 The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 November.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1376, by Senator Spano, Senate Print 5355, an
17 act to amend the Penal Law.
18 THE PRESIDENT: Does any member
19 wish to be heard on this bill?
20 SENATOR MONTGOMERY: Explanation.
21 THE PRESIDENT: Senator Spano, an
22 explanation has been requested.
23 SENATOR SPANO: The Senate
24 Committee on Investigations had hearings and
25 issued a report entitled "Child Pornography:
Candyco Transcription Service, Inc.
(518) 371-8910
3844
1 Has the Internet Placed Our Children at Risk?"
2 So part of the report came out with
3 a series of recommendations. This bill is one
4 of those recommendations, that increases the
5 current penalties for sex offenses involving
6 children and also includes lifetime
7 registration for all felony sex offenses
8 including children.
9 THE PRESIDENT: Senator
10 Montgomery.
11 SENATOR MONTGOMERY: Thank you.
12 Yes, thank you, Madam President,
13 just briefly on the bill.
14 THE PRESIDENT: You may proceed
15 on the bill.
16 SENATOR MONTGOMERY: I have the
17 same position on this legislation as I did on
18 the other bill that I debated, and I will vote
19 no for the exact same reason.
20 Thank you.
21 THE PRESIDENT: Does any other
22 member wish to be heard?
23 Then the debate is closed.
24 The Secretary will ring the bell.
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
3845
1 THE SECRETARY: Section 33. This
2 act shall take effect on the first of
3 November.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1376 are
8 Senators Duane, Gonzalez, Montgomery and
9 Parker.
10 Ayes, 58. Nays, 4.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1434, by Senator Skelos, Senate Print 4169, an
15 act to amend the Tax Law.
16 SENATOR LIZ KRUEGER:
17 Explanation.
18 THE PRESIDENT: Senator Skelos,
19 an explanation has been requested.
20 SENATOR SKELOS: Thank you, Madam
21 President.
22 This legislation provides
23 commercial sports vessels with the same
24 exemption from the PBT, petroleum business
25 tax, and sales and compensating use taxes on
Candyco Transcription Service, Inc.
(518) 371-8910
3846
1 fuel that are currently extended to vessels
2 engaged in commercial fishing.
3 SENATOR LIZ KRUEGER: If the
4 sponsor would please yield.
5 THE PRESIDENT: Senator Skelos,
6 will you yield?
7 SENATOR SKELOS: Yes.
8 THE PRESIDENT: You may proceed,
9 Senator.
10 SENATOR LIZ KRUEGER: Through
11 you, Madam President, are there other sporting
12 activities that involve the use of petroleum
13 gas that we exempt from taxes?
14 SENATOR SKELOS: Are there other
15 what?
16 SENATOR LIZ KRUEGER: Sports
17 activities that involve petroleum gas that we
18 exempt from taxation.
19 SENATOR SKELOS: This is -- this
20 bill relates to sports fishing.
21 SENATOR LIZ KRUEGER: Madam
22 President, if through you the sponsor will
23 continue to yield.
24 THE PRESIDENT: Senator Skelos,
25 do you continue to yield?
Candyco Transcription Service, Inc.
(518) 371-8910
3847
1 SENATOR SKELOS: Yes, I will.
2 THE PRESIDENT: You may proceed,
3 Senator.
4 SENATOR LIZ KRUEGER: Thank you.
5 Is there an expectation that we
6 will increase sports fishing if we do away
7 with these petroleum taxes?
8 SENATOR SKELOS: Yes.
9 I have numerous letters here from
10 what they would call party boat fishermen,
11 charter boat fishermen whose business is
12 dramatically down, mainly because of certain
13 fishing regulations that are limiting the
14 amount of catch that they can obtain.
15 And one of the ways to help this
16 industry survive, especially charter fishing,
17 which is a huge industry throughout the state,
18 whether it's on the lakes or the ocean or the
19 sounds, is by helping them by giving them a
20 break with these taxes.
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: Exemptions
Candyco Transcription Service, Inc.
(518) 371-8910
3848
1 from taxes are always an interesting question
2 that I don't think we spend enough time
3 thinking about in the Legislature or
4 evaluating.
5 As I have said in the past on this
6 floor, the State of New York chooses to not
7 collect, through tax exemptions or tax
8 credits, over $20 billion per year. We do
9 this through bills exactly like this that have
10 become part of our tax code over the last
11 hundred years, where, for some reason, we
12 decide whatever activity you're doing, we're
13 not going to tax you or we're going to tax you
14 at a lower rate or even going to give you
15 credits against other taxes for participating
16 in some economic activity.
17 And there are arguments for tax
18 exemptions. And in fact, today we passed two
19 other bills, sponsored by Senator Johnson,
20 that related to installation of residential
21 solar energy systems and establishing a solar
22 energy system personal income tax credit. And
23 to jump there for a moment, I supported those
24 bills. We all did, as I believe. And those
25 also reduced tax income. Or they will, when
Candyco Transcription Service, Inc.
(518) 371-8910
3849
1 they become law, reduce the revenue collected
2 by the State of New York, because it offered
3 exemptions and credit for people who are
4 prepared to put solar energy systems into
5 residential use.
6 Now, I supported those bills
7 because we all know in the State of New York
8 that we want to decrease use of polluting
9 fossil fuels, we want to increase use of
10 environmentally sound, renewable energy
11 resources. Solar energy does exactly that.
12 Anytime we can increase the possibility of
13 New Yorkers using renewable, clean energy to
14 heat their homes or cool their homes or heat
15 or cool their water, that's a win for the
16 environment, for the State of New York.
17 And so even if we're going to lose
18 some immediate tax revenue from those pieces
19 of legislation, we have the win of expanding
20 the use of solar energy. So I was very happy
21 to see Senator Johnson's bills pass today.
22 Now, this is also a bill to reduce
23 tax revenue to the State of New York. And in
24 this case, it would be to actually potentially
25 expand the use of petroleum gas for sports
Candyco Transcription Service, Inc.
(518) 371-8910
3850
1 fishermen.
2 Now, please don't misunderstand, I
3 have no opposition to people fishing for fun.
4 My understanding, actually, often in sports
5 fishing you don't even keep the fish, you
6 throw it back. I don't think that's relevant
7 per se to your bill, because I suppose some
8 people keep their fish and mount them, some
9 people keep their fish and eat them. But many
10 people throw their fish back, and that's their
11 choice.
12 But again, it's a sports activity.
13 And so this would be a bill to reduce taxes to
14 the State of New York so that more people
15 would enjoy the pleasure of fishing off of
16 boats that use petroleum energy, which is a
17 nonrenewable, polluting form of fuel. It's
18 also different than commercial fishing --
19 SENATOR SKELOS: Madam President.
20 SENATOR LIZ KRUEGER: I'm sorry,
21 Senator Skelos wants to interrupt.
22 THE PRESIDENT: Senator Skelos.
23 SENATOR SKELOS: Would the
24 Senator just yield for a question?
25 SENATOR LIZ KRUEGER: Certainly,
Candyco Transcription Service, Inc.
(518) 371-8910
3851
1 Senator Skelos.
2 SENATOR SKELOS: I don't know if
3 you've ever been on a party boat, but I've
4 gone out fishing many times -- founder, fluke,
5 porgies. And many people go on these boats in
6 order to catch fish so that they can eat and
7 they can feed their families.
8 So you may go out on the fancy
9 party boats where they just throw the fish
10 back, but we're trying to encourage and
11 maintain an industry that helps feed people.
12 And by doing this, by reducing some of the
13 expenses of these charter or open party boats,
14 we're going to help them survive.
15 Because eventually, if we don't do
16 something, they are going to go out of
17 business completely, and all that will be left
18 are the boats that perhaps you can afford to
19 go on, but many people cannot afford to go
20 on -- the fancy fishing boats.
21 So this is trying to maintain this
22 industry so that people can go out, have a
23 nice day but also catch fish to feed their
24 families.
25 SENATOR LIZ KRUEGER: Madam
Candyco Transcription Service, Inc.
(518) 371-8910
3852
1 President, if the sponsor would please yield.
2 THE PRESIDENT: Senator Skelos,
3 do you yield?
4 SENATOR SKELOS: No.
5 SENATOR LIZ KRUEGER: All right.
6 Thank you. I will continue on the bill and
7 attempt to address the concerns.
8 THE PRESIDENT: You may proceed
9 on the bill.
10 SENATOR LIZ KRUEGER: I'm not
11 actually familiar with the difference between
12 a fancy fishing boat versus a party boat. I
13 actually don't think I've gone fishing from
14 either form of boat. I have fished in streams
15 and in ponds and thrown the fish back, or
16 sometimes attempted to cook them, but I'm not
17 very good at either.
18 But my point here is -- and, by the
19 way, this is not a bill that would reduce
20 taxes for commercial fishermen, who in fact
21 are in the business to collect fish to sell
22 for eating.
23 Although I do not disagree with the
24 sponsor that one of the purposes of sports
25 fishing may be in fact to eat the fish. And
Candyco Transcription Service, Inc.
(518) 371-8910
3853
1 there are lots of sports activities where
2 there's no win of eating the product at the
3 end. So I accept that argument.
4 My point is, should the State of
5 New York be in the business of giving special
6 tax exemptions for certain types of sports
7 activities that are pleasurable, and we want
8 people to do that -- that create jobs, and we
9 want people to do that -- but in fact is a
10 field where we're also giving a tax credit for
11 using petroleum products, which we're actually
12 supposed to be environmentally discouraging?
13 Now, it's not a major loss of
14 revenue to the State of New York. The
15 sponsor's bill has a fiscal note and it talks
16 about approximately annualized $610,000 in
17 lost tax revenue. If the sponsor is correct
18 and we increase the number of people who are
19 sports fishing or the number of boats that are
20 out there that are party boats, as he referred
21 to them, we might lose some more money.
22 I don't think the question here is
23 so much the $610,000 as much as it is my
24 argument that we should ask hard questions for
25 ourselves: Should we be expanding tax credits
Candyco Transcription Service, Inc.
(518) 371-8910
3854
1 for certain kinds of activities and not
2 others? These are the kinds of questions I
3 believe we should be doing full reviews of our
4 tax code, how we make the decisions by which
5 we decide you will be exempt from your taxes,
6 and you won't.
7 A societal win, a win is solar
8 energy. A societal win, a win may be,
9 according to Senator Skelos, expanding the
10 universe of people who go on party boats to
11 fish. We might agree or not agree on that.
12 But I would make the argument that we didn't
13 ask any of those questions. And these are
14 exactly the kinds of revenue questions that,
15 in the three years I've been in this house, we
16 don't ask enough of.
17 We should have public hearings when
18 it comes to tax policy. We should review
19 entire sections of the tax code. We have
20 many, many categories in the petroleum tax
21 category of our tax expenditure budget. We
22 have many categories of sales tax exemption or
23 sales taxes being applied.
24 We don't have an explanation, in my
25 opinion, for why we make the decisions we do,
Candyco Transcription Service, Inc.
(518) 371-8910
3855
1 today or historically, about charging you a
2 tax for that activity you enjoy and not
3 charging you a tax for something that you
4 enjoy because we did a special exemption or a
5 credit.
6 So I would argue that this is the
7 wrong way to legislate our tax code. We
8 should be looking at the big picture. We
9 should be asking the hard questions about who
10 gets taxed, who doesn't. We should ask the
11 questions of equity.
12 And we should actually ask Tax &
13 Finance to do evaluations for us on what the
14 likely impact of a tax reduction or increase
15 might be. Because what economists have
16 discovered, and tax experts throughout this
17 country on local, state, and federal taxes,
18 that different taxes have different impacts
19 and activity.
20 So I respect Senator Skelos's
21 argument when he says these party fishermen
22 may be at risk of continuing business because
23 business has been hurting. I don't know if
24 that's true. We haven't looked at the
25 evidence.
Candyco Transcription Service, Inc.
(518) 371-8910
3856
1 I did just pull out the receipts
2 for taxes paid by noncommercial fishermen to
3 the State of New York, and there doesn't seem
4 to be a reduction over the last number of
5 years in the amount of taxes they're paying.
6 So I'm not sure that we've seen a reduction in
7 this form of sports fishing, because then in
8 theory we would see a reduction in the amount
9 of taxes the State of New York is collecting
10 from them. He may be right that we would see
11 an increase in the activity if we did away
12 with their taxes.
13 But again, I would urge my
14 colleagues we have to think about these
15 questions hard, and that we have to think
16 about why a sport might have a tax on its oil,
17 on its fuel use, and another sport wouldn't;
18 whether we should encourage sports that do use
19 environmentally unsound energy; whether we
20 should prioritize expansion of non -- of
21 renewable and safe energy.
22 And so again, I'm sure later on
23 someone will say that Senator Krueger had some
24 opposition to sports fishermen. I do not. I
25 am delighted that people enjoy fishing for the
Candyco Transcription Service, Inc.
(518) 371-8910
3857
1 sheer pleasure of it and eat the fish if
2 that's what they choose to do.
3 But I will vote against this bill,
4 because I don't see a justification for a
5 special tax exemption for the use of fuel for
6 sports fishing.
7 Thank you, Madam President.
8 THE PRESIDENT: Senator Duane.
9 SENATOR DUANE: No, I'm just
10 stretching.
11 (Laughter.)
12 THE PRESIDENT: I'm speechless.
13 Does any other member wish to be
14 heard in any way on this bill?
15 Then the debate is closed.
16 The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 9. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator LaValle,
23 to explain your vote.
24 SENATOR LaVALLE: Thank you,
25 Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910
3858
1 I rise to support the legislation
2 by Senator Skelos and just indicate that
3 certainly in the First Senate District there
4 are many charter boats, beginning in Port
5 Jefferson, going out to Montauk and Orient
6 Point.
7 And with the price of gasoline, for
8 fuel, and the increasing DEC regulations that
9 we in the state place on the charter boats, I
10 think we should be doing something that
11 ensures that -- Senator Skelos talked about
12 families going out or individuals going out to
13 try and catch food for dinner, others trying
14 to have a day with the family.
15 And some of the letters that I've
16 received from the charter boat captains talk
17 about childhood dreams are something that last
18 with all of us. And certainly we should be
19 doing our part to maintain those dreams for
20 little ones and big ones alike.
21 So I vote in the affirmative.
22 THE PRESIDENT: You will be so
23 recorded, Senator LaValle, as voting in the
24 affirmative.
25 The Secretary will announce the
Candyco Transcription Service, Inc.
(518) 371-8910
3859
1 results.
2 THE SECRETARY: Ayes, 61. Nays,
3 1. Senator L. Krueger recorded in the
4 negative.
5 THE PRESIDENT: The bill is
6 passed.
7 Senator Skelos.
8 SENATOR SKELOS: Madam President,
9 is there any further business at the desk?
10 THE PRESIDENT: Yes, we do,
11 Senator. We have motions.
12 Senator Fuschillo.
13 SENATOR FUSCHILLO: Thank you,
14 Madam President.
15 On behalf of myself, Senator
16 Fuschillo, I wish to call up Senate Print
17 Number 3344, recalled from the Assembly, which
18 is now at the desk.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 318, by Senator Fuschillo, Senate Print 3344,
23 an act to amend the General Business Law.
24 SENATOR FUSCHILLO: I now move to
25 reconsider the vote by which the bill was
Candyco Transcription Service, Inc.
(518) 371-8910
3860
1 passed.
2 THE PRESIDENT: The Secretary
3 will call the roll upon reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 SENATOR FUSCHILLO: I now offer
7 the following amendments.
8 THE PRESIDENT: The amendments
9 are received.
10 SENATOR FUSCHILLO: Madam
11 President, on behalf of Senator Marcellino, I
12 wish to call up Senate Print Number 769,
13 recalled from the Assembly, which is now at
14 the desk.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 49, by Senator Marcellino, Senate Print 769,
19 an act to amend the General Business Law.
20 SENATOR FUSCHILLO: I now move to
21 reconsider the vote by which the bill was
22 passed.
23 THE PRESIDENT: I'm going to ask
24 the members to please refrain from conversing
25 in the chamber.
Candyco Transcription Service, Inc.
(518) 371-8910
3861
1 The Secretary will call the roll
2 upon reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 62.
5 SENATOR FUSCHILLO: I now offer
6 the following amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 SENATOR FUSCHILLO: Madam
10 President, on behalf of Senator Libous, I wish
11 to call up Senate Print Number 1820A, recalled
12 from the Assembly, which is now at the desk.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 379, by Senator Libous, Senate Print 1820A, an
17 act to amend the Village Law and the Public
18 Officers Law.
19 SENATOR FUSCHILLO: I now move to
20 reconsider the vote by which the bill was
21 passed.
22 THE PRESIDENT: The Secretary
23 will call the roll upon reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
Candyco Transcription Service, Inc.
(518) 371-8910
3862
1 SENATOR FUSCHILLO: I now offer
2 the following amendments.
3 THE PRESIDENT: The amendments
4 are received.
5 SENATOR FUSCHILLO: Thank you.
6 THE PRESIDENT: Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 there being no further --
9 THE PRESIDENT: Senator Meier.
10 SENATOR SKELOS: Senator Meier.
11 Almost no further.
12 SENATOR MEIER: Sorry.
13 Madam President, amendments are
14 offered to the following Third Reading
15 Calendar bills:
16 By Senator DeFrancisco, page 34,
17 Calendar 897, Senate Print 4308;
18 By Senator Padavan, page 41,
19 Calendar 1036, Senate Print 1055;
20 By Senator Fuschillo, page 48,
21 Calendar 1185, Senate Print 5370;
22 And by Senator Balboni, page 58,
23 Calendar 1331, Senate Print 186A.
24 THE PRESIDENT: The amendments
25 are received, and the bills will retain their
Candyco Transcription Service, Inc.
(518) 371-8910
3863
1 place on the Third Reading Calendar.
2 SENATOR MEIER: Thank you, Madam
3 President.
4 THE PRESIDENT: You're welcome.
5 Senator Skelos.
6 SENATOR SKELOS: Are we finished?
7 Okay.
8 There being no further business to
9 come before the Senate, I move we stand
10 adjourned until Wednesday, June 15th, at
11 11:00 a.m.
12 THE PRESIDENT: There being no
13 further business, on motion, the Senate now
14 stands adjourned until Wednesday, June 15th,
15 11:00 a.m.
16 (Whereupon, at 4:56 p.m., the
17 Senate adjourned.)
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910