Regular Session - June 16, 2005
4156
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 June 16, 2005
11 11:06 a.m.
12
13
14 REGULAR SESSION
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16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, June 15, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, June 14,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Motions and resolutions.
4 Senator Fuschillo.
5 SENATOR FUSCHILLO: Thank you,
6 Madam President.
7 I wish to call up Calendar Number
8 113, Assembly Print Number 4577A.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 113, by Member of the Assembly Koon, Assembly
13 Print Number 4577A, an act to amend the Public
14 Health Law.
15 SENATOR FUSCHILLO: I now move to
16 reconsider the vote by which the Assembly bill
17 was substituted for Senate Print Number 1771A
18 on May 24, 2005.
19 THE PRESIDENT: The Secretary
20 will call the roll upon reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 38.
23 SENATOR FUSCHILLO: Madam
24 President, I now move that Assembly Bill
25 Number 4577A be recommitted to the Committee
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1 on Health, and the Senate bill be restored to
2 the order of Third Reading Calendar.
3 THE PRESIDENT: So ordered.
4 SENATOR FUSCHILLO: I now offer
5 the following amendments.
6 THE PRESIDENT: The amendments
7 are received.
8 SENATOR FUSCHILLO: Madam
9 President, on behalf of Senator Padavan, on
10 page number 31, I offer the following
11 amendments to Calendar Number 887, Senate
12 Print Number 3914A, and ask that said bill
13 retain its place on Third Reading Calendar.
14 THE PRESIDENT: The amendments
15 are received, and the bill will retain its
16 place on the Third Reading Calendar.
17 SENATOR FUSCHILLO: Madam
18 President, on behalf of Senator Balboni, on
19 page number 26 I offer the following
20 amendments to Calendar Number 783, Senate
21 Print Number 4289A, and ask that said bill
22 retain its place on Third Reading Calendar.
23 THE PRESIDENT: Those amendments
24 are also received, and that bill will also
25 retain its place on the Third Reading
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1 Calendar.
2 SENATOR FUSCHILLO: Madam
3 President, on behalf of Senator Bruno, on page
4 number 58 I offer the following amendments to
5 Calendar Number 1568, Senate Print Number
6 5669, and ask that said bill retain its place
7 on Third Reading Calendar.
8 THE PRESIDENT: The amendments
9 are received, and that bill will retain its
10 place on the Third Reading Calendar.
11 Senator Bonacic.
12 SENATOR BONACIC: Thank you,
13 Madam President.
14 On behalf of myself, I wish to call
15 up my bill, Print Number 268, recalled from
16 the Assembly, which is now at the desk.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: Calendar Number
20 729, by Senator Bonacic, Senate Print 268, an
21 act to amend the Vehicle and Traffic Law.
22 SENATOR BONACIC: I will now move
23 to reconsider the vote by which the bill was
24 passed.
25 THE PRESIDENT: The Secretary
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1 will call the roll upon reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 39.
4 SENATOR BONACIC: I now offer the
5 following amendments, Madam President.
6 THE PRESIDENT: The amendments
7 are received.
8 SENATOR BONACIC: Okay. On
9 behalf of Senator Balboni, I wish to call up
10 Print Number 4985, recalled from the Assembly,
11 which is now at the desk.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 1016, by Senator Balboni, Senate Print 4985,
16 an act to amend the General Business Law.
17 SENATOR BONACIC: And I now move
18 to reconsider the vote by which the bill was
19 passed.
20 THE PRESIDENT: The Secretary
21 will call the roll upon reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 41.
24 SENATOR BONACIC: I now offer the
25 following amendments.
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1 And on behalf of myself and Senator
2 Balboni, thank you, Madam President.
3 THE PRESIDENT: The amendments
4 are received.
5 And thank you, Senator.
6 Senator Skelos.
7 SENATOR SKELOS: Madam President,
8 there are substitutions, I believe, to be made
9 at the desk.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: On page 15,
13 Senator Spano moves to discharge, from the
14 Committee on Rules, Assembly Bill Number 4133
15 and substitute it for the identical Senate
16 Bill Number 3542, Third Reading Calendar 519.
17 On page 18, Senator Breslin moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 3001 and substitute it
20 for the identical Senate Bill Number 1594,
21 Third Reading Calendar 582.
22 On page 18, Senator DeFrancisco
23 moves to discharge, from the Committee on
24 Rules, Assembly Bill Number 7293 and
25 substitute it for the identical Senate Bill
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1 Number 3343, Third Reading Calendar 595.
2 On page 24, Senator Maziarz moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 7627 and substitute it
5 for the identical Senate Bill Number 4477,
6 Third Reading Calendar 750.
7 On page 32, Senator DeFrancisco
8 moves to discharge, from the Committee on
9 Rules, Assembly Bill Number 8295 and
10 substitute it for the identical Senate Bill
11 Number 4842, Third Reading Calendar 904.
12 On page 33, Senator Breslin moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 3000B and substitute it
15 for the identical Senate Bill Number 1595B,
16 Third Reading Calendar 936.
17 On page 44, Senator Winner moves to
18 discharge, from the Committee on Finance,
19 Assembly Bill Number 5881B and substitute it
20 for the identical Senate Bill Number 2994B,
21 Third Reading Calendar 1188.
22 On page 44, Senator Flanagan moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 5618 and substitute it
25 for the identical Senate Bill Number 2915,
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1 Third Reading Calendar 1214.
2 On page 49, Senator Meier moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 7931 and substitute it
5 for the identical Senate Bill Number 5295,
6 Third Reading Calendar 1291.
7 On page 50, Senator Farley moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 8064 and substitute it
10 for the identical Senate Bill Number 4755,
11 Third Reading Calendar 1310.
12 On page 53, Senator Meier moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 8492A and substitute it
15 for the identical Senate Bill Number 5442A,
16 Third Reading Calendar 1519.
17 On page 54, Senator Breslin moves
18 to discharge, from the Committee on
19 Investigations and Government Operations,
20 Assembly Bill Number 6207 and substitute it
21 for the identical Senate Bill Number 3122,
22 Third Reading Calendar 1535.
23 On page 55, Senator Robach moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 7282 and substitute it
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1 for the identical Senate Bill Number 5496,
2 Third Reading Calendar 1546.
3 On page 55, Senator Flanagan moves
4 to discharge, from the Committee on Education,
5 Assembly Bill Number 8100 and substitute it
6 for the identical Senate Bill Number 5501,
7 Third Reading Calendar 1547.
8 On page 56, Senator Young moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 8043A and substitute it
11 for the identical Senate Bill Number 5593,
12 Third Reading Calendar 1552.
13 On page 56, Senator Volker moves to
14 discharge, from the Committee on Codes,
15 Assembly Bill Number 6791 and substitute it
16 for the identical Senate Bill Number 5609,
17 Third Reading Calendar 1556.
18 And on page 57, Senator Little
19 moves to discharge, from the Committee on
20 Local Government, Assembly Bill Number 7599
21 and substitute it for the identical Senate
22 Bill Number 5651, Third Reading Calendar 1565.
23 THE PRESIDENT: Substitutions
24 ordered.
25 Senator Skelos.
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1 SENATOR SKELOS: Madam President,
2 if we could return to reports of standing
3 committees, I believe there's a report --
4 actually, I know there's a report of the
5 Finance Committee at the desk.
6 THE PRESIDENT: Reports of
7 standing committees.
8 The Secretary will read.
9 THE SECRETARY: Senator Johnson,
10 from the Committee on Finance, reports the
11 following nomination.
12 As president of the Higher
13 Education Services Corporation, James C. Ross,
14 of Albany.
15 THE PRESIDENT: Senator Johnson.
16 SENATOR JOHNSON: Yes, Madam
17 President. Move the nomination.
18 THE PRESIDENT: Senator LaValle.
19 SENATOR LaVALLE: Thank you,
20 Madam President.
21 I rise to support the nomination of
22 James Ross, who has been involved for so many
23 years with the Commission of Independent
24 Colleges and Universities.
25 And when we talk about that role as
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1 president, Jim has been involved in
2 shepherding the growth and expansion of the
3 Tuition Assistance Program. Today in the
4 Finance Committee, he told the committee that
5 in 1974 he was in the Assembly gallery,
6 looking down, when that bill was passed in
7 1974. So he has been there from the very
8 beginning.
9 And that is a program, the Tuition
10 Assistance Program is one that this house has
11 nurtured, protected, and expanded. And so the
12 person that we are nominating today -- and by
13 the way, I would congratulate the Governor on
14 this nomination -- is a person that will be,
15 in his agency, the Higher Ed Services
16 Corporation, will be the administrator to make
17 sure that the students in our respective
18 districts are getting not only the Tuition
19 Assistance Program but Pell grants and all the
20 other aid programs in a manner that they can
21 receive the program and continue to pursue
22 their dream of higher education.
23 So, Jim Ross, I wish you much good
24 luck as president of the Higher Ed Services
25 Corporation. I know that you will be diligent
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1 and faithful to your duties and
2 responsibilities.
3 THE PRESIDENT: Senator Farley.
4 SENATOR FARLEY: Thank you, Madam
5 President. I also rise to second the
6 nomination of Jim Ross.
7 Every job that he's done, he's done
8 well. I've known him for a lot of years,
9 since he's been just a young fellow.
10 And Jimmy Ross will do a great job,
11 because this is particularly a position that
12 every legislator in the State of New York is
13 constantly calling that office and
14 historically has always gotten good service.
15 And I know that he's going to be a tremendous
16 president.
17 And I enthusiastically support his
18 nomination and applaud the Governor for this
19 appointment, because it's a person that really
20 knows how things work here in Albany. And
21 he'll do a great job for the students of
22 New York State.
23 THE PRESIDENT: Senator Breslin.
24 SENATOR BRESLIN: Thank you,
25 Madam President.
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1 To amplify the remarks of Senator
2 Farley and Senator LaValle from the Democratic
3 side, no one is better suited, with a greater
4 understanding of education and educational
5 needs, than Jim Ross.
6 He's a wonderful public servant.
7 He's been a friend of mine for 30 years. And
8 I commend the Governor for recognizing again
9 the services that Jim can provided.
10 Congratulations, Jim.
11 THE PRESIDENT: The question now
12 is -- Senator Marchi, would you like to speak?
13 SENATOR MARCHI: I go back to
14 over the beginning of time, I guess. It was
15 DeWitt Clinton, that we looked at him and
16 smiled and said, This guy is just an eastot
17 [ph].
18 The past is truly a prologue to the
19 future. And what better guide that we have
20 now, we've had it at the station by several of
21 the members who have known him virtually all
22 of these years, that the expectations are high
23 because they've always been fulfilled in an
24 exemplary way.
25 So those of us who have known him
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1 for a long time, and even if it was only a
2 short time, in each and every instant we have
3 been gratified by the dedication, the mastery
4 that he has over the work that's assigned to
5 him. And it is really a pleasure when we have
6 a candidate of his capacity to pass on,
7 because we know that the past is really
8 prologue, as I put it earlier.
9 So I join my colleagues and commend
10 them for standing up and saying so.
11 THE PRESIDENT: The question now
12 is on the nomination of James C. Ross as
13 president of the Higher Education Services
14 Corporation.
15 All in favor please signify by
16 saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The nominee is
21 hereby confirmed.
22 Congratulations and best wishes for
23 what we know will be continued excellence.
24 (Applause.)
25 THE PRESIDENT: President Ross is
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1 here with his wife, Margaret Ross.
2 The Secretary will continue to
3 read.
4 THE SECRETARY: As a member of
5 the Public Service Commission, Patricia L.
6 Acampora, of Mattituck.
7 THE PRESIDENT: Senator Johnson.
8 SENATOR JOHNSON: Move the
9 nomination.
10 THE PRESIDENT: Senator LaValle.
11 SENATOR LaVALLE: Thank you,
12 Madam President.
13 It's really a great privilege for
14 me to rise to support the nomination of
15 Patricia Acampora as a member of the Public
16 Service Commission. Pat has been really my
17 partner for the last 12 years here in Albany,
18 and I will really miss her very, very much.
19 Patricia Acampora came from --
20 comes from a family who has been very much
21 involved in our community in the town of
22 Brookhaven, in public service. Her mom was a
23 much-loved supervisor of that town.
24 And so it was of no surprise that
25 Pat, as she -- as her family matured and
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1 started to be more independent, got involved
2 in public service, became an assistant to Joe
3 Sawicki, who was the Assembly member, and then
4 worked in County Executive Bob Gaffney's
5 office. And then when the Assembly seat
6 became open, Pat ran, was elected.
7 She has demonstrated, in the
8 12 years, a work ethic that is second to none.
9 There is probably not a fire department dinner
10 or an Eagle Scout court of honor that Pat has
11 not attended. We have marched in parades, and
12 we have met with constituents over these
13 12 years.
14 Pat will bring that experience that
15 I have just talked about to the Public Service
16 Commission to represent the whole state. But
17 I would add that, as I look back on the number
18 of appointments from Long Island, we have not
19 really had that many members on the Public
20 Service Commission.
21 But Pat will deal with the
22 stakeholders in her position in a fair and
23 honest way. The chairman will find out that
24 she is a real hard worker. She can be very,
25 very focused on what she does. And I think
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1 that the people of the state and the Governor,
2 who has made this really great appointment,
3 will be very proud of this appointment, and
4 she will do good things for all of the people
5 of the State of New York as a member of the
6 Public Service Commission.
7 Pat, I will miss you, but good luck
8 to you. Your family, Alan, you should be very
9 proud of Pat, as I know you are, and your
10 whole family, Patricia.
11 Good luck.
12 THE PRESIDENT: Senator Winner.
13 SENATOR WINNER: Thank you, Madam
14 President.
15 I join to support the nomination of
16 Patricia Acampora. Pat I consider to be a
17 great friend and colleague for many, many
18 years in the New York State Assembly.
19 And I'm not only proud of her
20 nomination and pleased that the Governor would
21 send this nomination to us, but, you know, I
22 also am sad that for the benefit of the
23 Assembly Republican caucus, who is going to
24 sorely miss her dedication, knowledge and
25 certainly leadership as one of the strongest
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1 women voices in the Assembly Republican
2 conference that have ever been there.
3 Pat is an outstanding legislator
4 and will bring a unique talent to the Public
5 Service Commission. And while I know it is a
6 very, very difficult position to assume, based
7 upon the positions and the stances that she's
8 taken over the last number of years, and her
9 advocacy, I know the ratepayers and all the
10 stakeholders, as Senator LaValle aptly pointed
11 out, will be well-served by her appointment
12 and her service on the Public Service
13 Commission, which is a very demanding job.
14 So my best wishes to you, Pat, and
15 to your husband, Alan, who also I have had the
16 privilege of working with over the years. I
17 know that this appointment is outstanding, and
18 I know that it's the loss of this legislative
19 body and certainly the Assembly, but it is the
20 gain of the State of New York for the service
21 that I know that you will perform.
22 Congratulations.
23 THE PRESIDENT: Senator Bonacic.
24 SENATOR BONACIC: Thank you,
25 Madam President.
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1 I want to congratulate the Governor
2 for putting forth Pat's name to serve on the
3 Public Service Commission. If every former
4 Assemblyman who served as a colleague with Pat
5 gets up today and talks about her, we're going
6 to be here pretty long.
7 But I agree with everything that
8 our previous speakers have said. But
9 particularly the characteristics of being
10 feisty, being independent, being intelligent,
11 being powerful, in that position of public
12 service, serving on the Public Service
13 Commission, are the qualities we need to
14 protect the ratepayers.
15 Pat, you and your family, we wish
16 you well and success in all your future
17 endeavors.
18 Thank you, Madam President.
19 THE PRESIDENT: Senator
20 Marcellino.
21 SENATOR MARCELLINO: Thank you,
22 Madam President.
23 I rise to second the nomination of
24 my good friend Pat Acampora to the Public
25 Service Commission.
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1 I want to congratulate the Governor
2 on making a fantastic appointment. I'm sure
3 he -- and all of us -- will not be sorry.
4 One of the attributes -- and it's
5 been touched upon by all my colleagues, and I
6 think it will be said again and again -- is
7 Pat basically is a good person. And I don't
8 think there's any higher quality or any higher
9 criterion that you could ask for in a person
10 or an individual appointment, especially one
11 as important as this one.
12 She's straightforward, she's
13 straight-talking. She gives you her word, she
14 keeps it. She takes on a job, she does it.
15 No fooling around, no nonsense, gets right to
16 the point.
17 The key element, she gives you her
18 word and she keeps it. In this business we
19 have no greater thing to give back and forth
20 to each other but our words. And when people
21 know when you give it, you keep it, that's all
22 you have to say about an individual.
23 And as I said before, that quality
24 has made her, in my mind, a fantastic
25 individual, a great Assemblywoman, a colleague
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1 we'll all miss. And I wish her well.
2 THE PRESIDENT: Senator Maltese.
3 SENATOR MALTESE: Madam
4 President, I want to emulate my colleague John
5 Bonacic and maybe do him one better. Not only
6 do I agree with all the previous speakers, but
7 I'm sure I'll agree with all the future
8 speakers on this nomination.
9 I've known Pat Acampora for many
10 years now, and not only in her capacity as an
11 Assemblywoman but in her capacity as the
12 president and one of the most active members
13 of the Italian-Americans Legislators
14 Association.
15 Everything that Senator Marcellino
16 has said is so very true. And we have had,
17 those of us in that conference have had an
18 excellent opportunity to see the skill and how
19 adept she is at dealing with people in many
20 sensitive situations as a leader.
21 Certainly her background in the
22 Assembly as ranking member on Banks and Labor,
23 and her position as chairwoman of the
24 Republican conference, will stand her in good
25 stead.
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1 In addition, my daughter, my older
2 daughter, has the good fortune to have had her
3 as an Assemblywoman. So I've been able to see
4 her not only in her capacity here in Albany,
5 but also to hear about her as a local
6 legislator, a very effective, dynamic local
7 legislator.
8 So this -- as has been said, we are
9 truly going to miss her. She is a wonderful
10 person. She is a person that has worked very
11 hard to attain the status that she has in this
12 august position. Certainly my wife,
13 Constance, and I join in wishing her and Alan
14 and her family the very, very best. Lord
15 knows she really deserves it.
16 And I wish to congratulate the
17 Governor on this excellent appointment.
18 THE PRESIDENT: Senator Flanagan.
19 SENATOR FLANAGAN: Thank you,
20 Madam President.
21 This one is bittersweet for me.
22 This is a -- I'm so happy for Pat. I'm so
23 happy for Alan and the family. But I just
24 want to touch on a couple of things about Pat
25 Acampora as a person.
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1 We can talk about the political
2 stuff, and all of it's true. In her role in
3 the Italian legislators conference, she has
4 earned the respect of people on both sides of
5 the aisle, in both houses, in all levels of
6 government. She represents all the best about
7 public service. Comes from a family,
8 obviously, with an extended involvement in the
9 public sector for years.
10 And everybody is right, she is
11 everywhere. She, you know, people -- well,
12 that's the east end. She's in western Suffolk
13 all the time. She's in Nassau. She's up in
14 Albany. She's taken trips all across the
15 state.
16 She is loved and adored by labor.
17 The people who are really going to miss her
18 are the people in the labor community, because
19 she was a passionate advocate and great voice
20 for their concerns.
21 Now, we all want to have the
22 respect of our colleagues. I want to point
23 out just a couple of folks. Assemblyman
24 Fitzpatrick, Assemblyman Raia, and Assemblyman
25 Conte, all of her seatmates in the New York
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1 State Assembly, they're definitely going to
2 miss her. And they have great respect for her
3 not only as a person but as a political
4 leader.
5 But I have been blessed to,
6 probably more than anything else, be able to
7 call Pat Acampora my friend. And I'm just
8 going to say a couple of things -- and, Pat,
9 I'm going to embarrass you. I really don't
10 care at this point. Okay?
11 She's beautiful, we all love her,
12 she always dresses to kill. There isn't a
13 person around here who doesn't want to have
14 her wardrobe, among other things. And she
15 is -- she's the quintessential public servant.
16 But it's all about her family. And
17 when she goes to the Public Service
18 Commission -- or someplace else; it doesn't
19 really matter. The Governor has made an
20 excellent appointment. He could have put her
21 in any capacity and been well-served. But it
22 is about her family.
23 And I think that her daughters,
24 Stacy and Chrissy, are able to watch today's
25 proceedings. And I want to make sure that we
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1 mention Christopher and Matthew, too, the
2 light of her life.
3 And she's my friend, she's our
4 colleague. I only wish you the best. I am
5 elated for you, but I am sad to see you go.
6 Patty, I love you.
7 THE PRESIDENT: Senator Balboni.
8 SENATOR BALBONI: Madam
9 President, as I thought about what I would say
10 about Patricia Acampora, I happened to look up
11 into the gallery and I see all these young
12 children joining us today.
13 And I thought, that's a great
14 moment to just tell them, Hey, kids, see that
15 woman right there, the blonde? She's a really
16 great person. And what we're doing today is
17 we're sending her on to another job. But
18 we're going to miss her in the job she did
19 here, because she's really decent, really
20 hardworking, really honest. One of the people
21 you want to know and need as a friend, and
22 someone who will always stand up for you.
23 And I guess that's really what, for
24 me, has been the hallmark of Patty. She has
25 two things, two passions that I think
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1 separates her from so many different people
2 that I've met in life. One, she has this
3 thing for the little guy. She really hates it
4 when the little guy is put down. And that's
5 when she gets her ire up.
6 And the second thing, in our world,
7 people don't always tell you the truth. And
8 she hates that. In the fog of politics, she
9 is very, very direct. And she has at times
10 angered people with her directness.
11 But God bless you, because you
12 always have it in your heart to do the right
13 thing. That I think is the best thing about
14 you. And I think that that's sorely needed on
15 the PSC. You're going to be a great member.
16 Congratulations.
17 THE PRESIDENT: Senator Wright.
18 SENATOR WRIGHT: Thank you, Madam
19 President.
20 I would point out that unlike all
21 of the previous speakers to date, I am not
22 from Long Island, I am not a former colleague
23 in the Assembly, and I am not Italian.
24 (Laughter.)
25 SENATOR LARKIN: You're not a
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1 lawyer, either.
2 SENATOR WRIGHT: And I'm not a
3 lawyer, either. Thank you very much, Senator
4 Larkin.
5 However, I do have the occasion to
6 serve as chair of the Energy Committee. And
7 that committee had the pleasure of
8 recommending Pat for confirmation today.
9 And at that committee meeting we
10 found all of those attributes demonstrated
11 that my colleagues have so gracefully
12 articulated this morning. She was friendly,
13 charming, but she was also very businesslike
14 when it came down to the discussion of the
15 matter of her confirmation. She was very
16 direct in terms of the issues in the energy
17 arena and her view of what the PSC
18 responsibilities were and how she was going to
19 handle that.
20 I, for one, want to commend the
21 Governor for this choice he has made in this
22 recommendation to the Public Service
23 Commission. I believe it will be a real
24 advantage and asset to the Public Service
25 Commission.
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1 I'm not going to repeat everything
2 that has been said about the Assemblywoman's
3 style, simply to say that my experience has
4 been it's all true, everything that has been
5 articulated.
6 I think she's going to be a
7 wonderful addition to the Public Service
8 Commission. I'm fully prepared to recommend
9 to all of my colleagues and endorse her
10 confirmation this morning. I think the
11 Governor has selected someone who has
12 demonstrated throughout her career the ability
13 to stand up and advocate on behalf of people.
14 And that is her role on the Public Service
15 Commission, to be an advocate for the people.
16 Pat, congratulations. I look
17 forward to working with you. You're going to
18 do a great job at this, just as you have every
19 responsibility heretofore. Best wishes to you
20 and Alan.
21 THE PRESIDENT: Senator Skelos.
22 SENATOR SKELOS: Thank you, Madam
23 President. I just want to join with my
24 colleagues and say congratulations to Patty.
25 I just want to point out and remind
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1 her, though, that Alan is the senior
2 commissioner with the administration. So you
3 should keep that in mind as the two of you
4 have discussions. But, you know, a family
5 that's committed to public service.
6 And I think it's a wonderful
7 appointment by the Governor. And we even
8 excused Senator Balboni, allowing him to speak
9 today, because he had made a commitment to
10 this conference that in order to move things
11 along, he would not speak anymore on the
12 floor. So we do forgive him today. We do
13 give him this exception.
14 But congratulations to you. And
15 please, you know we always look forward to
16 seeing you, whether it's on the elevator,
17 whether it's walking to session, whether it's
18 at a function, whether it's political or
19 governmental. And we just ask that please,
20 remember that you have a lot of friends in
21 Albany. And we will look forward to
22 continuing the chats and the conversations
23 that we've had over the years.
24 Congratulations, Patty.
25 THE PRESIDENT: Senator Marchi.
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1 SENATOR MARCHI: We must all be
2 overwhelmed, Madam President, for the quantum
3 of the remarks that have been made.
4 And then complimenting the
5 Governor. Why do we have to compliment him?
6 It was so obvious.
7 She's a wonderful candidate, and
8 she elicited the emotions that she did because
9 she's earned them in her contact and in the
10 provision of services and the promise that she
11 holds. So our expectations are very high.
12 On the other hand, it's going to be
13 very difficult to get some very decent,
14 average person with some talent and some
15 ability -- but our expectations have been
16 vaulted to the skies, and it's going to be
17 difficult.
18 We've had Jim Ross, and now you.
19 This is wonderful, Madam President. And with
20 you presiding, I mean, I can't think of a
21 greater array of talent that is mustered here
22 today. And all of us have an opportunity to
23 vote again with absolute confidence that we
24 will be serving the public welfare in doing
25 what we're doing.
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1 THE PRESIDENT: Senator
2 Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Thank
4 you, Madam President.
5 Senator Wright stole my line when
6 he said that he did not serve with her in the
7 Assembly and that he wasn't Italian. Nor am
8 I. But we have served together -- well, I may
9 be Sicilian. You don't know that.
10 (Laughter.)
11 SENATOR HASSELL-THOMPSON: But we
12 have served together in the women's caucus,
13 and I think that every characteristic,
14 particularly as I listened to Senator
15 Marcellino, are the things that I echo the
16 most.
17 In this business the thing that is
18 the most important is your word and your
19 integrity. And I'm going to miss that in the
20 women's caucus. I'm going to miss that
21 straightforward, that straight-shooting stuff.
22 And I'm going to miss the fact that we're
23 losing another woman in the Legislature.
24 But I'm glad to know that you're
25 going to continue to be in public service,
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1 where we can be accessible to you and you to
2 us. And I want to congratulate you.
3 And as a neighbor and as a friend,
4 I congratulate you and your husband and family
5 on this appointment.
6 Thank you, Madam President.
7 THE PRESIDENT: Senator Alesi.
8 SENATOR ALESI: Thank you, Madam
9 President.
10 I came to Albany the same time that
11 Patty Acampora did. Seems like an awful long
12 time ago. We were one of the largest freshmen
13 classes in the Assembly. And like so many
14 people here, I took to her very quickly
15 because of her personality.
16 And at the time we were all charged
17 and energized with changing the way things
18 happen in Albany government. And of course
19 you can see all of the major changes that have
20 occurred in the last 12 years as a result of
21 that.
22 But I also was listening to some of
23 my colleagues who served in the Assembly with
24 Patty. And with respect to Senator Wright, he
25 said he's not from Long Island, he's not -- as
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1 I am not. He wasn't a former colleague of
2 hers, but I am. He's not an attorney. And he
3 mentioned that he's not Italian. I can only
4 think that two out of four isn't bad, in his
5 case.
6 (Laughter.)
7 SENATOR ALESI: And in the case
8 of Senator Flanagan, who was a former
9 colleague, he said that he had to be honest
10 and remarked on Patty's beauty and how well
11 she dressed.
12 And I see Alan sitting behind her,
13 and I frankly have to say I never noticed that
14 at all.
15 (Laughter.)
16 SENATOR ALESI: But one thing I
17 can tell you is this. I really, really am so
18 happy to see this woman, who has exemplified
19 everything that women in government should
20 strive for, I'm so happy to see her make her
21 escape from the Assembly minority -- but
22 saying that knowing that she really has left
23 her mark on government.
24 Really, truly has, and has
25 contributed so much, not only as a woman in
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1 government but as a person in government, here
2 in Albany and representing the people back
3 home. And I know that she comes from a great
4 bloodline of that kind of activity.
5 So I just want to say, in
6 expressing my happiness for Patty and for
7 Alan, that the Governor has made probably one
8 of the best choices, one of the best
9 appointments that he has made in his entire
10 tenure here.
11 And we look forward to working with
12 Patty in a new capacity and wish you the very,
13 very best.
14 THE PRESIDENT: Senator Trunzo.
15 SENATOR TRUNZO: Thank you, Madam
16 President.
17 I've had the pleasure of knowing
18 Patty for many, many years, even when she
19 worked with Assemblyman Sawicki, back in those
20 days.
21 But I also had the privilege of
22 working with her mother. Nobody has mentioned
23 Henrietta Acampora, who was supervisor of the
24 town of Brookhaven for many years. And she
25 was someone who really said what was on her
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1 mind. And Patty has followed, just followed
2 in her mother's footsteps in telling you
3 exactly where you're at, where it's going to
4 be happening. She has no problem of mincing
5 of words. She says it as it is.
6 And I have an example from way back
7 when her mother, who came up here as
8 supervisor, was trying to get us to pass a
9 particular piece of legislation for
10 Brookhaven. And I just made a statement to
11 Henrietta saying, "Well, you know, Henny, it
12 takes three to tango in Albany, between the
13 Senate, the Assembly and the Governor."
14 And she said, "Well, you better
15 learn a new dance, Senator, because that's
16 something that has to be done."
17 And Patty would be the same way.
18 She has always done that, has been
19 straightforward.
20 I've worked with her not only
21 governmentally, but also politically, and
22 she's an outstanding politician in Suffolk
23 County and one that I will miss very much,
24 having worked with her very closely over the
25 past few years in that particular role.
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1 At any rate, I commend the Governor
2 for making this appointment.
3 And, Patty, God bless you. The
4 best of luck to you.
5 Thank you.
6 THE PRESIDENT: Senator Nozzolio.
7 SENATOR NOZZOLIO: Thank you,
8 Madam President.
9 Madam President, I rise to
10 congratulate Governor Pataki on this wonderful
11 nomination and to associate myself with all
12 the wonderful remarks of my colleagues. That
13 the scope and breadth of them have been
14 significant, and I wish certainly to add my
15 congratulations to the nominee.
16 That often in this chamber, it
17 seems, over the past 10 years I've had the
18 responsibility of proffering the nomination of
19 the other commissioner in the family,
20 Commissioner Croce. I find myself doing that
21 chore solitarily, that we are not joined with
22 a chorus of nominee accolades that we have for
23 the current nominee.
24 And I look forward to taking this
25 transcript of the proceeding and sending it to
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1 Patty so that she can see the scope of the
2 support that she has. And that certainly when
3 commissioner to commissioner meets to discuss
4 legislative and governmental matters, she can
5 point to the breadth of today's accolades and
6 say "Which commissioner is more popular?"
7 (Laughter.)
8 SENATOR NOZZOLIO: With all
9 kidding aside, that it's been an honor for me
10 to work with both members of the family. That
11 Alan was mentioned on a couple of occasions,
12 and that he has been an outstanding
13 Commissioner of Corrections. It's been a
14 privilege working with him.
15 Assemblywoman Acampora was a
16 neighbor of mine for many years in the
17 Legislative Office Building, and that I
18 certainly associate myself with all these
19 great remarks. A wonderful nomination. The
20 people of this state will certainly be
21 benefited from her great tutelage.
22 Congratulations.
23 Thank you.
24 THE PRESIDENT: Senator Little.
25 SENATOR LITTLE: Thank you, Madam
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1 President.
2 I too congratulate the Governor on
3 his selection for this appointment. And I
4 could echo everyone's remarks here today,
5 because they are so true, about Patty
6 Acampora.
7 When I came to the Assembly in
8 1995, I had the good fortune of sitting next
9 to Pat. And believe me, I appreciated her
10 candor and her assistance and her direction
11 and all of the things and little tidbits of
12 advice that she gave me that helped me become
13 acclimated to life in the Assembly. She will
14 truly be a loss to the Assembly, to both
15 sides, the majority and the minority.
16 And one of the things that Senator
17 Trunzo mentioned was Pat's mother. And as we
18 would sit for hours and hours in the Assembly,
19 we always had a chance to talk about family
20 and all. And I know how proud Pat was of her
21 mother and of the family tradition of public
22 service that her mother had begun.
23 And believe me, I'm sure your
24 mother would be very proud of you today, Pat,
25 as is your entire family. And I join them in
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1 sharing that pride. You've always given well
2 over a hundred percent to whatever job you
3 have done, and I know you will in the future.
4 Congratulations.
5 THE PRESIDENT: Senator
6 Fuschillo.
7 SENATOR FUSCHILLO: Thank you
8 very much, Madam President.
9 You know, I'm sitting here
10 listening to everybody's comments, and I just
11 want to say "ditto, ditto, ditto."
12 But I remember when I met Patty
13 from seven or eight years ago, when I first
14 got elected, and I asked her a question. And
15 she was so honest that I walked away saying,
16 Oh, my God, you know, should I fear this
17 woman, with the response that you gave me.
18 And I'm sitting here saying that if
19 I don't get up and say something nice, I'm
20 going to see her out in the halls and be on
21 the receiving end of that wrath again.
22 She is an outstanding individual.
23 What an asset to the commission you're going
24 on. I just want you to take that fight, that
25 fire in the belly that you've had for so many
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1 years to the PSC and do the right thing for
2 the consumers, because I know you will.
3 Patty, congratulations.
4 THE PRESIDENT: Senator Smith.
5 SENATOR ADA SMITH: Thank you,
6 Madam President.
7 Jim Wright also stole my line, and
8 Senator Hassell-Thompson sort of embellished
9 upon it.
10 I may not be Italian, I may not
11 even be a Republican, but Pat Acampora is a
12 friend. And I think that we enjoy a
13 friendship because we have certain things in
14 common. We believe in honesty, and we believe
15 in telling people what we think. We also
16 believe in public service, and we believe in
17 the little man.
18 And she has done a fabulous job in
19 the Assembly and as a leader in Suffolk
20 County. She will be sorely missed by most of
21 us, especially the women.
22 And, Pat, even though you're going
23 on to something new, I know that we will be in
24 contact. And do me one favor. Please make
25 sure that we continue to have great women from
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1 Suffolk County. Thank you.
2 I commend the Governor, and I look
3 forward to the great job that you will be
4 doing.
5 THE PRESIDENT: Senator Hannon.
6 SENATOR HANNON: Madam President,
7 I rise just to support this very important
8 nomination.
9 The most important regulatory body
10 we have in this state is the Public Service
11 Commission. Your work has just begun. What
12 in the future lies ahead for energy, for gas,
13 for electricity, for telecommunications? Your
14 challenges will be questions that weren't even
15 raised a year or two ago.
16 So we're dependent on your
17 continued use of good judgment. We've come to
18 know you as a legislative colleague, and I'm
19 delighted to be in support of your nomination.
20 Thank you.
21 THE PRESIDENT: Senator Leibell.
22 SENATOR LEIBELL: Thank you,
23 Madam President.
24 And, Pat, when you get to this
25 stage of the proceedings, there's not a lot
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1 left for us to say. I think it's all been
2 said.
3 But we are -- as was noted by one
4 of the earlier speakers here, it's sort of
5 bittersweet today, because we are losing one
6 of the really great legislators of our
7 Capitol.
8 You are a great friend. I loved
9 serving with you in the State Assembly. I
10 learned a lot from you also. And we will miss
11 you.
12 I congratulate the Governor on this
13 appointment. And I know you will continue to
14 do a great job for the people of our great
15 state.
16 THE PRESIDENT: Senator Libous.
17 SENATOR LIBOUS: I too want to
18 rise and compliment the Governor on this
19 outstanding choice.
20 And, Pat, I'm excited now because I
21 really have tried to figure out what the PSC
22 does, and I've not been very successful. And
23 certainly Senator Wright has not been very
24 helpful, or Senator Seward. So maybe now you
25 can be helpful to me. And I think that's
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1 very, very exciting.
2 And you have been a good friend,
3 and we've enjoyed both a personal and
4 professional relationship, not only the trips
5 with you and Alan and Fran and I to Italy and
6 other places.
7 But I just want to say that the
8 Governor has made an outstanding choice, you
9 will do an outstanding job, and we look
10 forward to seeing both of you in August in the
11 Southern Tier.
12 THE PRESIDENT: Senator Onorato.
13 SENATOR ONORATO: Madam
14 President, I join my colleagues in the
15 accolades that have been bestowed upon Pat.
16 I didn't serve in the Assembly, but
17 I did serve with her for the 10 years that she
18 was a member of the Italian-American
19 Legislators Society. And I was also
20 privileged to join her and her husband, Alan,
21 on our trip to Italy, and we had a real
22 wonderful time.
23 But during her tenure as the
24 president of the Italian-American legislators,
25 she jumped in with both feet, took the job
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1 very, very seriously, and made a wonderful
2 show of our weekend here up in Albany.
3 And I want to wish you and your
4 family everything that I wish for my family.
5 God bless you, and good luck in your new job.
6 THE PRESIDENT: Senator Larkin.
7 SENATOR LARKIN: Thank you, Madam
8 President.
9 You know, Pat, you sit here and you
10 look down at your colleagues here from both
11 sides of the aisle. What they're saying to
12 you is we trust you, we respect you, and we
13 know that when you go into that big brown
14 building over there, when we call you, you
15 will respond to us, as we have responded to
16 you today to say this is the best choice the
17 Governor has ever made.
18 God bless you all.
19 THE PRESIDENT: Does any other
20 member wish to be heard?
21 Senator Johnson.
22 SENATOR JOHNSON: Madam
23 President, it's been a pleasure for me to
24 advance Pat's name in the Finance Committee
25 and also to hear the accolades of her friends
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1 and members she serves with.
2 I mean, all I can say about Pat
3 Acampora is that the light's going to go on in
4 the PSC. Because when she walks down the
5 hall, when she comes and speaks with you, she
6 lightens up the room. And she's a bright,
7 intelligent lady, and she's going to do a
8 wonderful job.
9 And yes, I too would like to
10 commend the Governor. He's certainly made one
11 of the finest choices I've seen here.
12 And all the best to you, Patty,
13 your family, your husband and so on.
14 THE PRESIDENT: Thank you,
15 Senators.
16 I would also like to congratulate
17 my friend and colleague.
18 I certainly had a mixed reaction to
19 this, Pat, as you well know from our
20 conversations. A tremendous loss to us
21 professional women in elective office to see
22 you leave. But certainly a wise choice on the
23 part of the Governor.
24 I will continue to call you, as I
25 often do, whenever I have a five-minute period
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1 when I need some advice. Who would you call
2 to know that you'll get A, B, C in five
3 minutes of savvy, candid advice.
4 Pat, you're the best. I admire
5 you, I respect you, I know that you consider
6 yourself, well so, to be the heart of your
7 family, and that's the most important thing to
8 you. That is the best quality about you that
9 we all admire.
10 Continued success. I know that
11 will happen in everything that you do. And
12 call me, please.
13 Pat, there's still time. Have you
14 changed your mind after all this?
15 Then the question is on the
16 nomination of Patricia Acampora as a member of
17 the Public Service Commission. All in favor
18 please signify by saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: It's done.
23 Congratulations, Pat, and best
24 wishes.
25 (Extended applause.)
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1 THE PRESIDENT: Commissioner
2 Acampora is here, as mentioned, with her
3 husband, Commissioner Alan Croce. Have a
4 fantastic celebration, to the entire family.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: As director of
8 the New York State Office for the Aging, Neal
9 E. Lane, of Wynantskill.
10 THE PRESIDENT: Senator Johnson.
11 SENATOR JOHNSON: Move the
12 nomination.
13 THE PRESIDENT: Senator Golden.
14 SENATOR GOLDEN: Thank you, Madam
15 President.
16 I rise to second the nomination
17 here today of Neal Lane and to move this
18 appointment.
19 Neal Lane is a man who has devoted
20 his career to improving the services of
21 at-risk populations, especially the at-risk
22 population of elders. And he is
23 well-respected within the aging network and
24 possesses an extensive working knowledge of
25 the health, aging and mental health service
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1 system.
2 Neal has worked with various state
3 governments on issues of health and human
4 service policies, including services to the
5 elders, the chronically ill, the
6 cost-containment issues. And he's made
7 presentations to state, national and
8 international conferences on organizational
9 and community change, case management, and
10 long-term. We will not find a more
11 experienced man or individual in this field.
12 Looking at the costs of Medicaid
13 and Medicare here in the state of New York and
14 in this country, having the cost-containments
15 that will have to be done to be able to
16 continue the quality of life for this state is
17 going to be rather burdensome. It's going to
18 be a real -- it's going to take a real tough
19 person with a lot of experience to be able to
20 right-size this industry and to make sure that
21 the 3 million seniors today across this state
22 get the services that they require.
23 But, more importantly, over the
24 next 10 years we are going to see that number
25 double here in the state of New York. And we
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1 need somebody of the caliber of Neal Lane.
2 And I've had the good fortune of
3 being with Neal as he's been the acting
4 director for several months now, and I've
5 introduced him on two different occasions as
6 Neal Diamond. So you can tell my age, as --
7 because I thought he was a dynamic individual,
8 and I know that Neal Lane is a dynamic
9 individual.
10 And he will bring a lot of
11 professionalism and will continue to be able
12 to help this conference and this state to
13 right-size that industry so that we can
14 provide the services that we have to to all of
15 our seniors, and that's providing those
16 seniors those services in their homes and
17 giving them the quality, the independence, the
18 choice and the respect that those seniors
19 deserve.
20 So, Neal, good luck.
21 Congratulations.
22 And it is a privilege to second
23 this motion today.
24 THE PRESIDENT: The question,
25 then, is on the nomination of Neal E. Lane as
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1 director of the New York State Office for the
2 Aging.
3 All in favor please signify by
4 saying aye.
5 (Response of "Aye.")
6 THE PRESIDENT: Opposed, nay.
7 (No response.)
8 THE PRESIDENT: The nominee is
9 hereby confirmed.
10 Director Lane is here with his
11 wife, Beth.
12 And I had the honor of working with
13 the director and leading the delegation, on
14 behalf of the Governor, to the President's
15 White House Conference on Aging.
16 I've been impressed with your
17 leadership already, and we're looking forward
18 to working with you, Director.
19 Congratulations. Best wishes.
20 (Applause.)
21 THE PRESIDENT: The Secretary
22 will continue to read.
23 THE SECRETARY: As a member of
24 the New York State Employment Relations Board,
25 Lloyd H. Demboski, of Queensbury.
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1 THE PRESIDENT: Senator Johnson.
2 SENATOR JOHNSON: Move the
3 nomination.
4 THE PRESIDENT: Senator Little.
5 SENATOR LITTLE: Thank you.
6 It is an honor for me to stand
7 today and second the nomination of Lloyd
8 Demboski to this board, a reappointment, where
9 he has been serving for a number of years in a
10 wonderful capacity.
11 It's interesting as I stand here
12 and say that Pat Acampora was my seatmate when
13 I went to the Assembly. Well, Lloyd Demboski
14 was my seatmate when I was first elected to
15 office and served on the Warren County Board
16 of Supervisors. So I'm not sure what the
17 future holds for my seatmates here, but it
18 could be all kinds of good things.
19 Just about everyone who's a
20 long-time resident of Glens Falls or
21 Queensbury knows Lloyd Demboski and his lovely
22 wife Marguerite, who is here with him today.
23 He has been an active member of our community
24 in so many different capacities, serving on
25 different boards, working in the community
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1 and, most importantly, serving on the Warren
2 County Board of Supervisors for a number of
3 years, where he was also the finance chairman
4 of that board.
5 He's done a great job in his
6 capacity here. He comes with a wonderful
7 background of community service, as well as an
8 education at SUNY Plattsburgh, which is also
9 in my district.
10 But I know he will continue to do a
11 great job. I'm very proud to have him as a
12 resident of my district and proud to stand
13 here and nominate him and wish him well. He's
14 been a great, great friend, a great supporter
15 for me.
16 And I can truly say that I would
17 not be standing here, nor would I have gone to
18 the Assembly, without the encouragement and
19 the real stimulus from Lloyd Demboski. He's
20 been a friend when I had some tough personal
21 times, but he was always there encouraging me.
22 And I truly thank him for his
23 support of me in the past and for the
24 wonderful job that he has done on the State
25 Employment Relations Board. And I'm looking
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1 forward to working with him for a long, long
2 time and continuing a great friendship.
3 Congratulations.
4 THE PRESIDENT: The question is
5 on the nomination of --
6 First of all, before we do that,
7 Senator Farley would like to be heard.
8 SENATOR FARLEY: Thank you, Madam
9 President. I also rise to second the
10 nomination of Lloyd Demboski.
11 You know, I've known him for a lot
12 of years. And for those of us that abut
13 Warren County, he was the epitome of Warren
14 County and everything that it represented.
15 And he was always very, very active in his
16 community. And every job that he had done, he
17 has done well. And he has a breadth of
18 experience.
19 And, you know, we're lucky to have
20 people like this willing to serve our
21 government. And again, we applaud the
22 Governor for choosing him.
23 And this reappointment is
24 well-deserved because you've done a great job,
25 Lloyd, as you always have.
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1 Best wishes to you and your family.
2 THE PRESIDENT: The question now
3 is on the nomination of Lloyd H. Demboski, of
4 Queensbury, as a member of the New York State
5 Employment Relations Board.
6 All in favor please signify by
7 saying aye.
8 (Response of "Aye.")
9 THE PRESIDENT: Opposed, nay.
10 (No response.)
11 THE PRESIDENT: The nominee is
12 hereby confirmed.
13 And best wishes for a great
14 experience and continued success on the board.
15 (Applause.)
16 THE PRESIDENT: The Secretary
17 will continue to read.
18 THE SECRETARY: As a member of
19 the Adirondack Park Agency, James T. Townsend,
20 Esquire, of Rochester.
21 As trustee of the Power Authority
22 of the State of New York, Joseph J. Seymour,
23 of Glenmont.
24 As a member of the New York State
25 Energy Research and Development Authority,
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1 Elizabeth W. Thorndike, of Pittsford.
2 As a member of the Small Business
3 Advisory Board, Ross M. Weale, of South Salem.
4 As banking member of the State
5 Banking Board, Thomas E. Hales, of Briarcliff
6 Manor.
7 As a member of the Ohio River
8 Valley Water Sanitation Commission, Thomas Lee
9 Servatius, of Fredonia.
10 As a member of the State Council on
11 the Arts, Gerald S. Lippes, Esquire, of
12 Buffalo.
13 As a member of the Mental Health
14 Services Council, Louis B. Tehan, Jr., of
15 Utica.
16 As Major General of the New York
17 State Air National Guard, Robert A. Knauff, of
18 Manilus.
19 As a member of the Board of
20 Visitors of the Buffalo Psychiatric Center,
21 Barbara A. Seals Nevergold, Ph.D., of Buffalo.
22 As a member of the Board of
23 Visitors of the Creedmoor Psychiatric Center,
24 Henry Lau Kee, of Flushing.
25 And as a member of the Board of
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1 Visitors of the Western New York Developmental
2 Disability Services Office, Penny F.
3 Zeplowitz, of Williamsville.
4 THE PRESIDENT: Senator Johnson.
5 SENATOR JOHNSON: Move the
6 nominations.
7 THE PRESIDENT: The question is
8 on the nominations as read by the Secretary.
9 All in favor please signify by saying aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The nominees are
14 all hereby confirmed.
15 Senator Bonacic.
16 SENATOR BONACIC: Madam
17 President, can we return to motions and
18 resolutions, please.
19 THE PRESIDENT: Motions and
20 resolutions.
21 SENATOR BONACIC: I think there's
22 some housekeeping.
23 Senator Fuschillo?
24 THE PRESIDENT: Yes, there is.
25 Senator Fuschillo.
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1 SENATOR FUSCHILLO: Thank you,
2 Madam President.
3 On behalf of Senator Spano, on page
4 number 37 I offer the following amendments to
5 Calendar Number 1030, Senate Print Number
6 3743C, and ask that said bill retain its place
7 on Third Reading Calendar.
8 THE PRESIDENT: The amendments
9 are received, and the bill will retain its
10 place on the Third Reading Calendar.
11 SENATOR FUSCHILLO: Madam
12 President, on behalf of Senator Marcellino, I
13 wish to call up Print Number 890A, recalled
14 from the Assembly, which is now at the desk.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 1267, by Senator Marcellino, Senate Print
19 890A, an act to amend the Education Law.
20 SENATOR FUSCHILLO: I now move to
21 reconsider the vote by which the bill was
22 passed.
23 THE PRESIDENT: The Secretary
24 will call the roll upon reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58.
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 Leibell, I
8 wish to call up Print Number 4537, recalled
9 from the Assembly, which is now at the desk.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: Calendar Number
13 816, by Senator Leibell, Senate Print 4537, an
14 act to amend the Not-for-Profit Corporation
15 Law.
16 SENATOR FUSCHILLO: I now move to
17 reconsider the vote by which the bill was
18 passed.
19 THE PRESIDENT: The Secretary
20 will call the roll upon reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 SENATOR FUSCHILLO: I now offer
24 the following amendments.
25 THE PRESIDENT: The amendments
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1 are received.
2 SENATOR FUSCHILLO: Madam
3 President, on behalf of Senator Saland, I wish
4 to call up Print Number 5050, recalled from
5 the Assembly, which is now at the desk.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 1190, by Senator Saland, Senate Print 5050, an
10 act to amend the Education Law.
11 SENATOR FUSCHILLO: I now move to
12 reconsider the vote by which the bill was
13 passed.
14 THE PRESIDENT: The Secretary
15 will call the roll upon reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 SENATOR FUSCHILLO: I now offer
19 the following amendments.
20 THE PRESIDENT: The amendments
21 are received.
22 SENATOR FUSCHILLO: Madam
23 President, on behalf of Senator DeFrancisco, I
24 wish to call up Print Number 5380, recalled
25 from the Assembly, which is now at the desk.
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: Calendar Number
4 1299, by Senator DeFrancisco, Senate Print
5 5380, an act to amend the Real Property Tax
6 Law.
7 SENATOR FUSCHILLO: I now move to
8 reconsider the vote by which the bill was
9 passed.
10 THE PRESIDENT: The Secretary
11 will call the roll upon reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 SENATOR FUSCHILLO: I now offer
15 the following amendments.
16 THE PRESIDENT: The amendments
17 are received.
18 SENATOR FUSCHILLO: Thank you.
19 THE PRESIDENT: Senator Brown.
20 SENATOR BROWN: Madam President,
21 I wish to call up my bill, Print Number 4776,
22 recalled from the Assembly, which is now at
23 the desk.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: Calendar Number
2 1352, by Senator Brown, Senate Print 4776, an
3 act to amend the Economic Development Law.
4 THE PRESIDENT: Senator Brown.
5 SENATOR BROWN: Madam President,
6 I now move to reconsider the vote by which
7 this bill was passed.
8 THE PRESIDENT: The Secretary
9 will call the roll upon reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: Senator Brown.
13 SENATOR BROWN: Madam President,
14 I now offer the following amendments.
15 THE PRESIDENT: The amendments
16 are received.
17 SENATOR BROWN: Thank you.
18 THE PRESIDENT: You're welcome.
19 Senator Nozzolio.
20 SENATOR NOZZOLIO: Madam
21 President, I wish to call up Bill Number Print
22 4798, recalled from the Assembly, which is now
23 at the desk.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: Calendar Number
2 1113, by Senator Hannon, Senate Print 4798, an
3 act authorizing.
4 THE PRESIDENT: Senator Nozzolio.
5 SENATOR NOZZOLIO: Madam
6 President, I now wish to move to reconsider
7 the vote by which this bill was passed.
8 THE PRESIDENT: The Secretary
9 will call the roll upon reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 SENATOR NOZZOLIO: Madam
13 President, I now offer the following
14 amendments.
15 THE PRESIDENT: The amendments
16 are received.
17 SENATOR NOZZOLIO: Madam
18 President, I wish to call up Bill Number Print
19 317, recalled from the Assembly, which is now
20 at the desk.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 190, by Senator Saland, Senate Print 317, an
25 act to amend the Education Law.
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1 SENATOR NOZZOLIO: I now move to
2 reconsider the vote by which this 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, 58.
8 SENATOR NOZZOLIO: I now offer
9 the following amendments.
10 THE PRESIDENT: The amendments
11 are received.
12 Senator Bonacic.
13 SENATOR BONACIC: Thank you,
14 Madam President. Can we now proceed with the
15 noncontroversial reading of the calendar.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 363, by Senator LaValle, Senate Print 2069, an
20 act to amend Vehicle and Traffic Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 30th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 371, by Member of the Assembly Abbate,
7 Assembly Print Number 7616, an act to amend
8 the Civil Service 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.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 435, by Senator Robach, Senate Print 3179, an
20 act to amend the Civil Service Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 554, by Senator Padavan, Senate Print 3934, an
7 act to amend the Administrative Code of the
8 City of New York.
9 THE PRESIDENT: There is a
10 home-rule message at the desk.
11 Read the last 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
20 614, by Member of the Assembly Rivera,
21 Assembly Print Number 6886A, an act to amend
22 the General Business Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 90th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 642, by Senator Robach, Senate Print 3185, an
9 act to amend the Civil Service 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
20 774, by Senator Spano, Senate Print 3906, an
21 act to amend the Civil Rights Law.
22 THE PRESIDENT: Read the last
23 section.
24 SENATOR BONACIC: Lay that bill
25 aside for the day, please.
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1 THE PRESIDENT: The bill is laid
2 aside for the day.
3 THE SECRETARY: Calendar Number
4 809, by Senator Farley, Senate Print 3110A, an
5 act to amend the Public Authorities Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE PRESIDENT: Senator Klein, to
13 explain your vote.
14 SENATOR KLEIN: Thank you, Madam
15 President.
16 While I laud the sponsor's attempt
17 in this legislation to allow libraries to pool
18 their resources to be able to work through the
19 Dormitory Authority, I'm disappointed that
20 there's nothing in this legislation or
21 anything we've done thus far to address the
22 important problem in reforming our
23 authorities.
24 I think a case in point is
25 something that happened several years ago, and
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1 Newsday covered it extensively out in Long
2 Island, where two brothers, called the
3 Stubbolo Brothers, were getting very, very
4 lucrative contracts to do work for the
5 Dormitory Authority at SUNY-Old Westbury.
6 Here were two gentlemen who really
7 lacked the experience to do very large
8 public-work jobs, but year after year were
9 getting very lucrative contracts because of
10 political connections, and one of them was to
11 the tune of $27.9 million. The state
12 eventually canceled their contracts because of
13 the shoddy workmanship, their inability to
14 complete the job properly.
15 But yet this is what goes on,
16 unfortunately, day after day with all our
17 authorities. There's no oversight. There's
18 absolutely no transparency in any of these
19 contracts. And unfortunately, it's the
20 taxpayers who are suffering each and every
21 day.
22 State Comptroller Alan Hevesi put
23 out a very, very important report, I believe,
24 which showed that of course there's
25 640 authorities in New York State, and these
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1 public authorities are responsible for
2 90 percent, 90 percent of our debt in the
3 State of New York. Seventeen of the public
4 authorities have a total of $105 billion of
5 debt outstanding including, $33.8 billion in
6 state-supported debt.
7 This is a huge problem. And this
8 problem is spiralling out of control each and
9 every day.
10 While I support the intent of this
11 legislation and intend to vote yes, I'm very
12 disappointed that we have yet to address the
13 very, very important problem of reforming our
14 authorities in the State of New York.
15 Thank you, Madam President.
16 THE PRESIDENT: You will be
17 recorded as voting in the affirmative,
18 Senator.
19 The Secretary will announce the
20 results.
21 THE SECRETARY: Ayes, 59.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 826, by Senator Meier, Senate Print 3158B, an
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1 act to amend the Parks, Recreation and
2 Historic Preservation --
3 SENATOR LIZ KRUEGER: Lay it
4 aside.
5 THE PRESIDENT: The bill is laid
6 aside.
7 THE SECRETARY: Calendar Number
8 867, by Senator DeFrancisco, Senate Print
9 4854, an act to amend the New York City Civil
10 Court Act and others.
11 SENATOR BONACIC: Madam
12 President, could we have that laid aside for
13 the day, please.
14 THE PRESIDENT: Yes, this bill is
15 laid aside for the day.
16 THE SECRETARY: Calendar Number
17 928, by Senator Saland, Senate Print 4602A, an
18 act to amend the Public Authorities Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 936, substituted earlier today by Member of
5 the Assembly Canestrari, Assembly Print Number
6 3000B, an act authorizing a certain housing
7 authority to sell or lease.
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
18 994, by Member of the Assembly Bing, Assembly
19 Print Number 3454A, an act to amend the State
20 Finance Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 7. This
24 act shall take effect on the first of January.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE PRESIDENT: Senator Krueger,
3 to explain your vote.
4 SENATOR LIZ KRUEGER: Thank you,
5 Madam President.
6 I rise to support this bill. I'm
7 very glad that we are moving forward in the
8 State of New York to address problems with the
9 not-for-profit sector and state contracts.
10 I ran not-for-profit organizations
11 that had state contracts for many years before
12 I joined the Legislature, and I share my
13 colleagues' concern in both houses that we do
14 an unjustice, a disjustice to not-for-profit
15 organizations.
16 We ask them to do the work of the
17 State of New York, they provide excellent
18 services throughout our communities, and yet
19 not-for-profits constantly find themselves in
20 delayed holding patterns hoping to get paid by
21 the state in time to make payroll.
22 I would like to highlight one
23 serious problem that this bill does not
24 address and cannot address, and that is the
25 fact that when we don't get a budget done on
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1 time, then the agencies don't have the
2 authority to continue contracting, therefore
3 leaving not-for-profits in the desperate
4 situation of continuing services even though
5 they can't have a new contract or get paid, or
6 choosing to end their services, laying off
7 staff, disrupting the programs they are
8 operating only in hopes that we might get our
9 work done in time for them to continue their
10 programs without their staff having taken
11 other jobs.
12 So in fact this year I think most
13 not-for-profits in the State of New York are
14 living happily under the situation that our
15 budget was done on time. But I do think, in
16 the context of this bill, it's worthwhile
17 reminding ourselves one other reason it is so
18 important to get our budgets done both timely
19 and well.
20 Thank you, Madam President. I'll
21 be voting yes.
22 THE PRESIDENT: You will be
23 recorded as voting in the affirmative,
24 Senator.
25 The Secretary will announce the
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1 results.
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1128, by Senator Johnson, Senate Print 5281,
7 an act to amend the Public Authorities Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1140, by Senator LaValle, Senate Print 718, an
19 act to amend the Workers' Compensation Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1141, by Senator Fuschillo, Senate Print 3013,
6 an act to amend the Labor Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 90th day.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1164, by Senator Padavan, Senate Print 4565,
18 an act to amend the Administrative Code of the
19 City of New York.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1165, by Senator Padavan, Senate Print 4575,
6 an act to amend the Administrative Code of the
7 City of New York.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1188, substituted earlier today by Member of
19 the Assembly Tonko, Assembly Print Number
20 5881B, an act to amend the Tax Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1204, by Senator Balboni, Senate Print 3504,
7 an act to amend the Military 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 1239, by Senator Nozzolio, Senate Print 1750,
19 an act to amend the Election Law.
20 SENATOR SCHNEIDERMAN: Lay it
21 aside.
22 THE PRESIDENT: The bill is laid
23 aside.
24 THE SECRETARY: Calendar Number
25 1271, by Senator Saland, Senate Print 5048A,
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1 an act to amend the Education Law.
2 SENATOR BONACIC: Madam
3 President, could we lay it aside for the day,
4 please.
5 THE PRESIDENT: The bill is laid
6 aside for the day.
7 THE SECRETARY: Calendar Number
8 1305, by Member of the Assembly Nolan,
9 Assembly Print Number 1911, an act to amend
10 the Banking 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, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1313, by Member of the Assembly Cahill,
22 Assembly Print Number 4431A, an act to amend
23 the Education Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1416, by Member of the Assembly Farrell,
10 Assembly Print Number 7348, an act to amend
11 the Local Finance Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1431, by Senator Oppenheimer, Senate Print
23 3745, an act to reopen the optional
24 twenty-year retirement plan.
25 THE PRESIDENT: There is a
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1 home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1451, by Senator Nozzolio, Senate Print 5523,
12 an act to amend the Executive Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the 30th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1531, by Senator Fuschillo, Senate Print 787,
24 an act to amend the Tax Law.
25 THE PRESIDENT: There is a local
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1 fiscal impact note at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first day of a
5 sales tax quarterly period.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1532, by Senator Trunzo, Senate Print 2460, an
13 act to amend the Civil Service Law.
14 THE PRESIDENT: There is a
15 home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1533, by Senator Libous, Senate Print 2496, an
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1 act to amend the Tax 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, 60.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1534, by Senator Johnson, Senate Print 3044A,
13 an act to amend the Real Property Tax Law and
14 the Environmental Conservation Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1537, by Senator Spano, Senate Print 5116, an
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1 act to amend the Environmental Conservation
2 Law.
3 SENATOR SCHNEIDERMAN: Lay that
4 one aside for sure.
5 THE PRESIDENT: The bill is laid
6 aside.
7 THE SECRETARY: Calendar Number
8 1538, by Senator Maziarz, Senate Print 5173,
9 an act to amend Chapter 218 of the Laws of
10 2004.
11 SENATOR BONACIC: Could we have
12 that laid aside for the day, please.
13 THE PRESIDENT: The bill is laid
14 aside for the day.
15 THE SECRETARY: Calendar Number
16 1539, by the Senate Committee on Rules, Senate
17 Print Number 5180, an act authorizing the
18 assessor of the Town of Delaware.
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, 60.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1540, by Senator Johnson, Senate Print 5270 --
5 SENATOR SCHNEIDERMAN: Lay it
6 aside.
7 THE PRESIDENT: The bill is laid
8 aside.
9 THE SECRETARY: Calendar Number
10 1541, by the Senate Committee on Rules, Senate
11 Print Number 5272, an act to amend the Tax
12 Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1543, by Senator Winner, Senate Print 5385, an
24 act to amend the Tax Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1544, by Senator Meier, Senate Print 5393, an
11 act to amend the Family Court Act and the
12 Executive Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 90th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1545, by Senator Saland, Senate Print 5435, an
24 act to amend the Education Law and the State
25 Finance Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 5. This
4 act shall take effect on the first of
5 September.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59. Nays,
9 1. Senator Meier recorded in the negative.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1546, substituted earlier today by Member of
14 the Assembly Gantt, Assembly Print Number
15 7282, an act relating to transportation
16 contracts.
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, 60.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 1547, substituted earlier today by Member of
3 the Assembly McEneny, Assembly Print Number
4 8100, an act to amend Chapter 69 of the Laws
5 of 1992.
6 THE PRESIDENT: Read the last
7 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: Ayes, 60.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1550, by Senator Spano, Senate Print 5546, an
17 act to amend the Tax Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the same date and in
22 the same manner as Section 3 of Part A of
23 Chapter 58 of the Laws of 2005.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1551, by Senator Morahan, Senate Print 5559,
6 an act to amend the Mental Hygiene 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, 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1552, substituted earlier today by Member of
18 the Assembly Parment, Assembly Print Number
19 8043A, an act in relation to creating.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1553, by Senator Balboni, Senate Print 5594,
6 an act to amend the Public Authorities Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1555, by Senator Balboni --
18 SENATOR SCHNEIDERMAN: Lay it
19 aside.
20 THE PRESIDENT: The bill is laid
21 aside.
22 THE SECRETARY: Calendar Number
23 1556, substituted earlier today by Member of
24 the Assembly Tokasz, Assembly Print Number
25 6791, an act to amend the Penal Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1562, by Senator Maziarz, Senate Print 5639,
12 an act to amend the Parks, Recreation and
13 Historic Preservation Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1565, substituted earlier today by Member of
25 the Assembly Sweeney, Assembly Print Number
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1 7599, an act to amend the General Municipal
2 Law and the Volunteer Firefighters Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 30th day.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1566, by Senator Trunzo, Senate Print 5653 --
14 SENATOR SCHNEIDERMAN: Lay it
15 aside.
16 THE PRESIDENT: The bill is laid
17 aside.
18 Senator Bonacic, that completes the
19 non --
20 SENATOR TRUNZO: Madam President.
21 THE PRESIDENT: Senator Trunzo.
22 SENATOR TRUNZO: Lay that bill
23 aside for the day.
24 THE PRESIDENT: The last bill is
25 now laid aside for the day.
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1 SENATOR TRUNZO: Thank you.
2 THE PRESIDENT: Senator Bonacic,
3 that completes the noncontroversial reading of
4 the calendar.
5 SENATOR BONACIC: Thank you,
6 Madam President. Can we now proceed with the
7 controversial reading of the calendar.
8 THE PRESIDENT: The Secretary
9 will ring the bell, and the members should
10 return to their seats.
11 Senator Bonacic.
12 SENATOR BONACIC: Madam
13 President, can we proceed with Calendar 826,
14 by Senator Meier, Senate Print 3158B, please.
15 THE PRESIDENT: The Secretary
16 will read.
17 THE SECRETARY: Calendar Number
18 826, by Senator Meier, Senate Print 3158B, an
19 act to amend the Parks, Recreation and
20 Historic Preservation Law.
21 SENATOR LIZ KRUEGER:
22 Explanation.
23 THE PRESIDENT: Senator Meier, an
24 explanation has been requested.
25 SENATOR MEIER: Thank you, Madam
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1 President.
2 This is a bill which deals with the
3 subject of snowmobiling, which in my
4 district -- which extends from Central
5 New York to the Canadian border -- is not just
6 a sport or a way that people go out and have
7 some recreation, it is also a major part of
8 the wintertime economy throughout upstate and
9 northern New York.
10 And this bill does a number of
11 things which are designed to make that sport
12 more enjoyable and to allow people to conduct
13 it more safely. Part of it is modeled after
14 legislation which was passed here in New York,
15 prior to my service in the Legislature,
16 dealing with the skiing industry.
17 And it, somewhat parallel to what
18 was done with skiing, tried to address some of
19 the problems that ski facility operators had
20 in terms of liability and securing liability
21 insurance, not by immunizing them but by
22 setting forth a code of conduct. And that is
23 in the bill, a code of conduct for people
24 operating a snowmobile in terms of clearly
25 spelling out what are safe operating
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1 procedures and so forth.
2 That portion of the bill is both
3 designed to promote safety as well as to
4 promote an environment where the insurance
5 market is more accessible for snowmobile clubs
6 and for snowmobile trails.
7 This also provides for certain
8 requirements for youthful snowmobile operators
9 in terms of attending courses of instruction
10 and obtaining a certificate of completion of
11 that course.
12 It creates a two-tier system for
13 the payment of registration fees, and provides
14 for a lower registration fee for those who are
15 members of recognized trail-grooming
16 organizations. Those are referred to
17 sometimes as snowmobile clubs.
18 And the reason for that
19 differential is a very important one. Under
20 the existing law, the clubs are the mechanism
21 through which we pass the funds from the
22 snowmobile registrations. The clubs literally
23 build and maintain the trail system. And the
24 purpose of the differential in the
25 registration fee is to promote and stabilize
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1 that club system of grooming and promoting
2 these trails.
3 As I say, this recognizes that this
4 is not just recreation but indeed business and
5 even big business throughout upstate New York.
6 Thank you, Madam President.
7 THE PRESIDENT: Senator Krueger.
8 SENATOR LIZ KRUEGER: Madam
9 President, if the sponsor would please yield.
10 THE PRESIDENT: Senator Meier,
11 will you yield for a question?
12 SENATOR MEIER: Of course.
13 THE PRESIDENT: You may proceed
14 with a question, Senator.
15 SENATOR LIZ KRUEGER: Under this
16 law, what age would people be allowed to drive
17 snowmobiles?
18 SENATOR MEIER: Well, this
19 contemplates that that would begin -- well,
20 under present law it's age 10. This law does
21 not change that.
22 However, it does make a change to
23 the circumstances, which would say from 10 to
24 14 the individual would have to have both
25 completed the course and received a
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1 certificate of having completed the safe
2 snowmobiling course. And, secondly, the
3 element that is added that is not in present
4 law is that they would have to be accompanied
5 by an operator 18 years of age or older. And
6 "accompanied" is defined in the law as being
7 within 500 feet of the juvenile.
8 When we get to age 14 and above, up
9 to 18, they can operate a snowmobile without
10 that immediate adult supervision, but they
11 have to have the same certificate of
12 completing the course.
13 And then, over 18, neither the
14 course nor any accompaniment is required.
15 SENATOR LIZ KRUEGER: Madam
16 President, if the sponsor would continue to
17 yield.
18 THE PRESIDENT: Senator Meier,
19 will you yield for another question?
20 SENATOR MEIER: Yes, Madam
21 President.
22 THE PRESIDENT: You may proceed,
23 Senator.
24 SENATOR LIZ KRUEGER: How fast do
25 snowmobiles go?
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1 SENATOR MEIER: Well, snowmobiles
2 can vary. It depends upon the engine size.
3 It depends upon a number of factors. But they
4 can go very fast, Senator, or they can go very
5 slow.
6 SENATOR LIZ KRUEGER: Madam
7 President, if the sponsor would continue to
8 yield.
9 THE PRESIDENT: Senator Meier, do
10 you yield?
11 SENATOR MEIER: Of course.
12 THE PRESIDENT: You may proceed,
13 Senator.
14 SENATOR LIZ KRUEGER: I do
15 recognize there are different models. Do you
16 know what the average maximum speed of
17 snowmobiles in New York are?
18 SENATOR MEIER: Well, average
19 maximum speed I don't know. But, I mean,
20 let's say this. It is not unusual -- to get
21 to whatever the point is you want to make, it
22 would not be unusual for a snowmobile of
23 average make or model to be able to achieve
24 speeds over 60 miles per hour.
25 Now, I might add that it is not
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1 unusual for the nice people who manufacture
2 cars to manufacture automobiles that routinely
3 go over 100 miles an hour. It is neither
4 advisable nor legal to operate them at those
5 speeds under most conditions.
6 SENATOR LIZ KRUEGER: Thank you.
7 Madam President, if the sponsor
8 would continue to yield.
9 THE PRESIDENT: Senator Meier, do
10 you continue to yield?
11 SENATOR MEIER: Yes, Madam
12 President.
13 THE PRESIDENT: You may proceed,
14 Senator.
15 SENATOR LIZ KRUEGER: Do you know
16 what the average weight of an average
17 snowmobile is?
18 SENATOR MEIER: Well, I don't
19 know if averages are particularly helpful
20 here. My grandfather used to say if you're
21 standing with one foot in a buffet of ice
22 water and one foot in a bucket of boiling
23 water, on average you're comfortable.
24 (Laughter.)
25 SENATOR MEIER: So the average is
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1 not particularly helpful here.
2 But the weight of an average
3 snowmobile would be, I don't know more, than a
4 breadbox but less than a car.
5 SENATOR LIZ KRUEGER: Thank you,
6 Madam President. On the bill.
7 THE PRESIDENT: You may proceed
8 on the bill, Senator.
9 SENATOR LIZ KRUEGER: Thank you.
10 I have a feeling I would like
11 Senator Meier's grandfather. He showed common
12 sense.
13 My concern about this bill, and
14 it's specifically around the age limits for
15 children driving snowmobiles and the safety
16 factor, is that according to the federal
17 government, the average snowmobile currently
18 weighs 600 pounds, that they go a maximum
19 speed of 90 to 100 miles an hour.
20 And yes, it's true, common sense
21 would argue that perhaps you shouldn't drive
22 at those speeds. Children in particular tend
23 not to always follow the rules or have any
24 sense of their own mortality or have the
25 fastest response times when they are in a
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1 driving situation.
2 And I would argue that the reason
3 that the State of New York has limits on
4 driver's licenses, age limit, is because we
5 recognize that automobiles are large, they can
6 go fast, they can be dangerous. The data
7 shows that the same is true for snowmobiles.
8 And so in fact the data from any
9 number of national studies shows that they are
10 dangerous items. That children are at risk of
11 snowmobile-related injury from being the
12 operators the bystanders, or passengers. That
13 pediatric snowmobile-related injuries are
14 often a result of risk-taking behavior of the
15 child or the parent. That the rate of
16 snowmobile accidents in this country has not
17 been going down for the last 10 years.
18 That males younger than 16 years
19 old are more than three times as likely as
20 females of the same age to sustain a
21 snowmobile-related injury, although I wouldn't
22 have a gender-specific age eligibility for
23 snowmobiling.
24 The same data -- this, by the way,
25 is from the National Safety Database -- shows
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1 that from January '93 to December '95,
2 basically a one-and-a-half-year period --
3 excuse me, two-year period, there were 10,628
4 snowmobile-related injuries to children
5 younger than 16 years old. The cost of the
6 injuries -- excuse me, for this three-year
7 period -- was over $84 million, or close to
8 $8,000 per injury. That among children
9 treated for snowmobile-related injuries, the
10 most commonly treated areas included the lower
11 extremities and the head and neck.
12 Further, that the most common
13 mechanism of injury are falls off the machines
14 and collisions. And again, whether a parent
15 is within 500 feet of you or not, as this law
16 would require, that would not affect the rate,
17 I believe, of falling off machines or hurting
18 yourself or collisions with others.
19 The number of children who lose
20 control of their snowmobiles and are injured
21 suggests that a certain level of skill is
22 required to operate these large, heavy, fast
23 machines. And children are often not large
24 enough to control the weight, speed and power
25 of these snowmobiles. Which, by the way, are
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1 getting larger and getting faster over time.
2 Children younger 16 years of age
3 who receive treatment for an injury were more
4 commonly injured as passengers. So even
5 having children riding as passengers, not
6 driving the machine themselves, can be a
7 serious problem.
8 Children are less likely to be
9 wearing a helmet, even if it's the law of the
10 state, and more likely to be struck by another
11 motor vehicle when compared to snowmobilers
12 over 16 years of age who were treated for
13 snowmobile-related injuries.
14 Studies in selected geographical
15 regions of North America suggest that children
16 are involved in between 10 and 30 percent of
17 all snowmobile-related injuries. Data across
18 the studies cannot be analyzed because of
19 differences in the different state laws.
20 The American Academy of Pediatrics
21 states that operating snowmobiles is
22 inappropriate for children younger than
23 16 years of age.
24 The American Academy of Surgeons'
25 Injury Prevention and Control Committee also
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1 has proposals that recreational operation of
2 snowmobiles is inappropriate for children and
3 adolescents.
4 The National Children's Center for
5 the Rural and Agricultural Health and Safety
6 Center also urge that we don't allow people
7 below the age of 16 to drive snowmobiles.
8 They highlight similar research and document
9 that from -- during 1990 to 1998, the total
10 estimated cost associated with youth
11 snowmobile injuries were over $1 billion.
12 They specifically urge that no one under the
13 age of 6 should be allowed on a snowmobile and
14 no one under the age of 16 should be allowed
15 to drive a snowmobile.
16 Further, the Yellowstone National
17 Park Park Service Data Report shows that
18 nationally 15,000 people a year are treated in
19 emergency rooms for snowmobile-related
20 injuries, at an average cost of $16,000 a
21 year, double the cost for children-only
22 injuries, but nonetheless very serious
23 numbers.
24 And a recent study done by
25 New Mexico State University found that people
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1 who snowmobile frequently are almost nine
2 times more likely to suffer death or injury in
3 accidents than automobile drivers on a
4 per-mile comparison. Snowmobiling is
5 statistically much more dangerous, from an
6 injury perspective, than automobiles. And
7 again, we say that you have to be at least 17
8 to drive an automobile, a less dangerous
9 vehicle in this country.
10 Again, the advances in snowmobiles'
11 power, weight, traction, coupled with an
12 industry message to conquer the mountain by
13 driving up steep faces have made snowmobilers
14 the U.S.'s likeliest victims of fatality by
15 avalanche. During the 14 winters from 1985 to
16 1998, more snowmobile operators died in
17 avalanches than did any other use group, and
18 avalanche fatalities are on the rise.
19 I could make the argument that
20 snowmobiles might be too dangerous for all of
21 us, but I won't. I'll only argue that we
22 should not allow children 10 to 16 to be
23 driving these vehicles. They present a danger
24 not only to the riders but to non-motorized
25 recreationalists, including cross-country
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1 skiers and snowshoers.
2 And while traveling at high speeds
3 on winding trails, it is difficult for
4 snowmobile operators to tell whether a
5 slower-moving skier or snowshoer is ahead.
6 This problem is compounded during night
7 operation, because braking distances far
8 exceed the range of standard snowmobile
9 headlights.
10 To go on, the American Academy of
11 Pediatrics did their own analysis of
12 fatalities through the National Electronic
13 Injury Surveillance System of the U.S.
14 Consumer Product Safety Commission,
15 highlighting again that we have not increased
16 the safety of snowmobiles over the last
17 10 years, and that in fact evidence is that,
18 even with safety programs, children and youth
19 operate snowmobiles less safely than adults,
20 are more likely to do harm to themselves and
21 others. And they also recommend that
22 recreational operation of snowmobiles is
23 inappropriate for children and young
24 adolescents. Children younger than 16 should
25 not operate snowmobiles.
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1 Furthermore, children younger than
2 6 do not have the strength or stamina to be
3 transported safely as passengers. And they
4 urge that we also do not allow children and
5 adolescents to be driving or passengers on
6 snowmobiles.
7 So I -- no doubt this bill will
8 pass. But I hope that my colleagues will
9 consider that one can support the activity of
10 snowmobiling, one can recognize that it is, as
11 Senator Meier pointed out, a sport that does
12 not only give great pleasure to many people
13 who drive snowmobiles, that it is a major
14 economic, I suppose, revenue producer for his
15 area and other areas of the state, but that
16 the medical community, the national safety
17 community, all urge that we do not let young
18 people under 16 drive these.
19 And I would hope that the State of
20 New York would want to consider the welfare of
21 our children and their safety when making
22 decisions about recreational sports
23 activities. So I'll be voting no on this bill
24 because of that, Madam President.
25 Thank you.
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1 THE PRESIDENT: Senator Meier.
2 SENATOR MEIER: Thank you, Madam
3 President.
4 THE PRESIDENT: You're welcome.
5 SENATOR MEIER: And I thank
6 Senator Krueger for her comments and for her
7 continuing concern about the safety of my
8 constituents. This is part of a pattern. I
9 know she's very concerned about children also
10 being permitted to hunt or to engage in
11 archery.
12 And I love Liz Krueger, but let's
13 face it, she lives in daily fear that
14 someplace, somewhere in upstate New York,
15 somebody might be having fun. It's just a
16 terrible situation.
17 (Laughter.)
18 SENATOR MEIER: And, Senator, at
19 the risk of unleashing your wrath further, I
20 invite your attention to the rash of
21 playground accidents that take place, probably
22 in your very district, on jungle gyms and
23 swing sets and those most insidious traps of
24 all that injure our children, diving boards
25 and swimming pools.
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1 Is there no end to the peril that
2 we subject children to in this state?
3 (Laughter; applause.)
4 SENATOR LIZ KRUEGER: Madam
5 President.
6 THE PRESIDENT: Senator Krueger.
7 SENATOR KRUEGER: Madam
8 President, I appreciate my colleague's levity.
9 THE PRESIDENT: Are you on the
10 bill, Senator?
11 SENATOR LIZ KRUEGER: I am on the
12 bill.
13 THE PRESIDENT: No questions, you
14 you're on the bill. You may proceed.
15 SENATOR LIZ KRUEGER: Thank you.
16 I am on the bill.
17 I don't believe that I don't want
18 children to have fun. But we make decisions
19 about what is safe for children. And I
20 would -- I will go and do the research on
21 playgrounds and on diving boards and on other
22 fun activities for children, and I doubt that
23 I will find statistics that show that those
24 activities are more dangerous than being in a
25 car on a highway.
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1 And that one has to make decisions
2 about the safety of children, and that one has
3 to make good judgments as legislators about
4 what is safe and what is not safe for
5 children.
6 And Senator Meier is right, I am
7 also concerned about young children hunting.
8 But the statistics are that they would be much
9 safer hunting than they would be driving
10 snowmobiles. So I won't change my position on
11 children hunting with bows and arrows for
12 bear. I would point out that statistically
13 they would be safer if they spent their
14 leisure time doing that than driving
15 snowmobiles.
16 But again, fishing is a lovely
17 sport that I'm sure is active in your
18 district. Skiing and snowboarding is safer --
19 you don't allow fishing for children? I'm
20 sorry. I'm sure we allow fishing for
21 children, snowboarding, skiing. There are so
22 many wonderful outdoor activities that don't
23 involve putting children's lives at risk.
24 So again, with all due respect to
25 my colleague, I do think I recognize the
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1 importance of children having fun. But I want
2 them to live past their 16th birthday so that
3 they can have fun when they're adults as well.
4 Thank you, Madam President.
5 THE PRESIDENT: Senator Valesky.
6 SENATOR VALESKY: Thank you,
7 Madam President. On the bill, briefly.
8 THE PRESIDENT: You may proceed,
9 Senator.
10 SENATOR VALESKY: I rise simply
11 to thank Senator Meier for bringing this bill
12 to the floor.
13 And I think it's important for the
14 record to show that the New York Snowmobile
15 Association has requested this step. They
16 have asked that we help make their sport
17 safer.
18 So whether it's the snowmobile
19 safety code that is included in Senator
20 Meier's legislation, it comes to us from their
21 request. A 55-mile-an-hour speed limit, which
22 is strongly supported by the Sheriffs
23 Association of the State of New York as well,
24 comes to us through the request of
25 snowmobilers themselves.
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1 So I will be supporting this bill
2 and again thank Senator Meier for the work
3 that he has done.
4 THE PRESIDENT: Does any other
5 member wish to be heard?
6 Then the debate is closed -- the
7 debate is closed.
8 The Secretary will ring the bell.
9 Read the last section.
10 THE SECRETARY: Section 11. This
11 act shall take effect on the 180th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Senator Bonacic,
15 first, to explain his vote.
16 SENATOR BONACIC: Thank you,
17 Madam President.
18 I represent the Catskill region,
19 and snowmobiling is an integral part not only
20 of recreation but our tourist industry. And I
21 want to thank Senator Meier for bringing this
22 bill forward.
23 I want to thank the snowmobile
24 industry for stepping up and taking
25 responsibility, for providing safety courses
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1 and recommending that this legislation have
2 more safety provisions for children.
3 You know, we can talk about a
4 variety of sports that are dangerous, whether
5 it's skiing, roller skating, skate boarding.
6 But that's what parents are for. To buy a
7 snowmobile is very expensive, and parents are
8 involved. And they have the primary
9 responsibility of taking care of their
10 children, and they know what danger is and
11 what recreation is.
12 So, Senator Meier, we thank you for
13 this legislation. I vote in the affirmative.
14 Thank you, Madam President.
15 THE PRESIDENT: Senator Bonacic,
16 you will be recorded as voting in the
17 affirmative.
18 Senator Stachowski, to explain your
19 vote.
20 SENATOR STACHOWSKI: Madam
21 President, I'd like to congratulate Senator
22 Meier for bringing this forward, congratulate
23 the snowmobilers for suggesting this and
24 having the safety courses.
25 Snowmobiling is a large
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1 recreational sport out our way too. Myself
2 and Senator Volker, as we border each other,
3 have lots of trails that we share that people
4 drive regularly, not only they, but their
5 families.
6 And so that to see that children
7 will have a safety course first now -- because
8 right now the parent usually shows the child
9 how to use the snowmobile, maybe not being as
10 completely aware of safety things they should
11 learn as the people in the snowmobile
12 association would be. And I think this will
13 make it a much safer sport.
14 And I support this bill. I only
15 hope that someday you have something that will
16 stop that severe threat of kids crossing
17 streets. Because if you can stop them from
18 doing that, none of them will get hit by cars.
19 THE PRESIDENT: Senator
20 Stachowski, you will be recorded as voting in
21 the affirmative.
22 The Secretary will announce the
23 results.
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 826: Senator
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1 L. Krueger.
2 Those Senators absent from voting:
3 Brown, DeFrancisco, Duane, Sampson and Seward.
4 Ayes, 56. Nays, 1.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1239, by Senator Nozzolio, Senate Print 1750,
9 an act to amend the Election Law.
10 SENATOR SABINI: Explanation.
11 SENATOR SCHNEIDERMAN:
12 Explanation.
13 THE PRESIDENT: Senator Nozzolio,
14 an explanation has been requested.
15 SENATOR NOZZOLIO: Thank you,
16 Madam President.
17 The measure before us will change
18 and alter and reform the manner in which the
19 electors chosen by this state to vote in
20 presidential elections are determined.
21 If there was anything that educated
22 the public about the way we elect, the manner
23 in which we elect the president, it was
24 demonstrated during the 2000 presidential
25 election, where most people didn't realize
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1 that the presidents of our nation were not
2 chosen directly by popular vote but rather
3 through the electoral college and the
4 electoral voting process.
5 That, coupled with the
6 understanding that New York for the longest
7 time has not been what's been characterized by
8 the political pundits as a battleground state,
9 in effect a state that was ignored, in most
10 cases, during the presidential election
11 process.
12 We are a blue state. We have been
13 a blue state. That blue-state
14 characterization basically tells those who are
15 running for president you need not come to
16 New York State because the outcome is
17 virtually predetermined. Whereas in Ohio and
18 Pennsylvania, close by New York, we have
19 aggressive presidential campaigns throughout
20 the year.
21 One need only have traveled to
22 Pennsylvania last election, the 2004 election,
23 and there was tremendous activity on the
24 television, candidates visiting the state many
25 times. New York, just over the border, was
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1 virtually ignored during the months of the
2 presidential election.
3 I think it's also important in this
4 reform to realize that one vote more would
5 cast the entire state's election to one
6 candidate. Now, that's certainly been the
7 history of the way we have chosen a president,
8 but that's not necessarily the way the
9 founders required it to be.
10 In fact, the Constitution of the
11 United States provides the option for states
12 to choose the manner in which presidential
13 electors are chosen. And a variety of states
14 are beginning to examine whether or not they
15 should change their rules. The states of
16 Maine and Nebraska have already changed their
17 rules to allow for this type of a process.
18 ACTING PRESIDENT YOUNG: Senator
19 Schneiderman.
20 SENATOR SCHNEIDERMAN: Thank you,
21 Madam President. Through you, if the sponsor
22 would yield for some questions.
23 ACTING PRESIDENT YOUNG: Does the
24 sponsor yield?
25 SENATOR NOZZOLIO: Yes, Madam
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1 President.
2 SENATOR SCHNEIDERMAN: Does this
3 legislation change the process by which
4 major-party candidates get on the ballot in
5 New York?
6 SENATOR NOZZOLIO: Madam
7 President, it is not the intention that the
8 that the election process relative to
9 candidate selection of individual party
10 candidates, large party or small, be altered
11 by this measure.
12 SENATOR SCHNEIDERMAN: Through
13 you, Madam President, if the sponsor would
14 continue to yield.
15 SENATOR YOUNG: Senator Nozzolio,
16 do you continue to yield?
17 SENATOR NOZZOLIO: Yes, Madam
18 President.
19 SENATOR SCHNEIDERMAN: So just so
20 I'm clear, because the first portion of this
21 legislation does discuss the petitioning
22 process by which candidates get on the ballot,
23 it appears to change at least the way
24 independent candidates -- i.e., not candidates
25 of a major party -- get on the ballot.
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1 And the question is, does this in
2 any way affect the petitioning process or the
3 nomination process by which any candidates get
4 on the November ballot in New York State?
5 SENATOR NOZZOLIO: Madam
6 President, it is not the intention of this
7 legislation to alter that process.
8 SENATOR SCHNEIDERMAN: Thank you.
9 And we currently choose -- I know
10 in the primary process we certainly are
11 divided by Congressional districts already.
12 Does this affect anything to do with the
13 primary elections that take place in New York
14 State for presidential candidates?
15 SENATOR NOZZOLIO: Madam
16 President, the primary process in the State of
17 New York for presidential delegates to
18 individual conventions is a matter of law and
19 party rules, a strange hybrid.
20 That in effect the presidential
21 elector process has changed dramatically from
22 a few presidential elections ago, where names
23 of only the presidential electors were on the
24 ballot, not designated to any particular
25 candidate. That has changed and been
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1 reformed, over the last three presidential
2 cycles to today, where in effect the process
3 has changed dramatically and electors elect --
4 presidential delegates in the nomination
5 process are not chosen by the process they
6 were chosen even four short years ago.
7 But what we're focusing on here,
8 Madam President, is why New York should engage
9 in a winner-take-all where one vote for the
10 entire state, the third largest state in the
11 country, should flip the entire number of
12 electors to one candidate.
13 There were 10 of the 29
14 Congressional districts we have in this state,
15 there were 10 that clearly chose President
16 Bush last election. Yet none of those
17 10 Congressional districts, clearly a third of
18 what we have in this state, were able to cast
19 an Electoral College vote for President Bush.
20 But that's not the reason to
21 support this bill. The reason to support this
22 bill is to have an open dialogue, a dialogue
23 of presidential candidates, the most important
24 office in this land. New York should no
25 longer be ignored in this process.
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1 We are, in fact, totally ignored.
2 We're trying, by this bill, to reform the
3 process to bring both the major-party
4 candidates into New York and have them
5 campaign in an aggressive way so that the
6 voters of this state can be better informed
7 about the candidates and in effect we have a
8 more fair and better presidential process.
9 SENATOR SCHNEIDERMAN: Thank you.
10 Through you, Madam President. As
11 the sponsor indicated, this would change the
12 system so that the electors would be selected
13 by Congressional district.
14 Wouldn't this create even more
15 pressure than already exists in our
16 redistricting process for Congressional
17 districts to create more partisan, more
18 gerrymandered districts because the stakes
19 would be even higher? The determination of
20 the lines of the Congressional district would
21 become an incredibly politically charged
22 decision. Is that not a concern?
23 SENATOR NOZZOLIO: Madam
24 President, certainly to do the right thing, to
25 choose Congressional districts that are
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1 compact, contiguous and fair, is a process
2 that is always the responsibility of this
3 legislative body. That the courts oversee
4 that process, that it is a process that is
5 highly charged politically, unquestionably,
6 but it is still our responsibility.
7 And whether or not this is another
8 element that adds to the burden of that
9 responsibility, I think it's certainly an
10 effort that we have to undertake, it's an
11 effort that we shouldn't shy away from.
12 And what this measure is trying to
13 do is to ensure interest in the presidential
14 election process, to ensure fairness, and to
15 ensure that those many voters of this state
16 who are frankly disenfranchised by the current
17 process -- and that we believe that by
18 offering this reform we in fact establish more
19 interest in the presidential election and more
20 fairness in the way New York chooses its
21 electors.
22 SENATOR SCHNEIDERMAN: Thank the
23 sponsor for his answers.
24 Madam President, on the bill.
25 ACTING PRESIDENT YOUNG: Senator
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1 Schneiderman, on the bill.
2 SENATOR SCHNEIDERMAN: I suppose
3 if every other state in the country did this,
4 there would be an argument for making the
5 change that's proposed by this legislation.
6 And I think that the other states that have
7 chosen to do this tell you a lot about the
8 harm that could be done to New York if this
9 bill became law.
10 The only states that currently have
11 the proposed system are Maine and Nebraska,
12 very small states, for a very, very good
13 reason. This legislation increases the power
14 of small states. It takes away the potential
15 of a large state -- and none of the other
16 large states have gone for this -- the
17 potential of a large state to be such a
18 desirable block of electoral votes that it
19 requires attention from the presidential
20 candidates.
21 And I respectfully submit that we
22 get a tremendous amount of attention when the
23 process by which the parties select
24 presidential candidates is not closed. We
25 have vigorous democratic primaries here. Bill
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1 Clinton had to spend a lot of time in New York
2 and developed a relationship, liked it so much
3 now he lives here.
4 But it may be that the problem in
5 the Republican Party of throwing presidential
6 candidates off the ballot and attempting to
7 prevent primaries so that presidential
8 candidates don't come to New York and get to
9 know us is something that could be addressed
10 internally within that party.
11 But absent a move of lots of other
12 big states to do this, this would simply hurt
13 New York. This would give a further advantage
14 to small states.
15 And again, I think that the
16 politics of this is pretty clear. This is not
17 being done in Texas. This is not being done
18 in Florida. This is an effort to reduce a
19 predominately Democratic state's influence on
20 the presidential -- the outcome of
21 presidential elections. I think it's pretty
22 nakedly political.
23 I understand the argument for it.
24 If it was done on a national basis, maybe
25 there would be an argument for us doing it.
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1 But for us to do unilateral disarmament and
2 decrease the power of our own state to
3 influence the presidential election I think is
4 just foolish.
5 And I respectfully suggest that
6 everyone vote no on this bill.
7 ACTING PRESIDENT YOUNG: Senator
8 Connor.
9 SENATOR CONNOR: Thank you, Madam
10 President.
11 Just let me say at the outset, this
12 bill has nothing to do with ballot access.
13 The way presidential candidates get on the
14 November ballot now, they get on statewide
15 rather than Congressional districts, it's the
16 same way. The state committee files a
17 certificate and designates them, you know,
18 after the party national conventions pick the
19 candidates.
20 So this has nothing to do with
21 petitioning or how people get on the ballot.
22 That's all primary stuff. It has nothing to
23 do with how electors get on.
24 As Senator Schneiderman pointed
25 out, Maine has this system. But Maine has two
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1 Congressional districts. Nebraska has it.
2 And I would suggest, Madam President, that if
3 Senator Nozzolio thinks that Nebraska is a
4 paragon of the way government ought to
5 operate, perhaps he ought to put a bill in to
6 make New York a nonpartisan unicameral
7 legislature, the way Nebraska is. That might
8 be popular with some people on this side of
9 the aisle. I doubt that it would be in the
10 majorities here.
11 The problem with this bill is that,
12 as Senator Schneiderman noted, Florida, Texas,
13 Pennsylvania, California, none of the other
14 large states have it. And in effect, for
15 New York to unilaterally adopt this -- and
16 it's not going to adopt it, we know that --
17 would be the political castration of New York.
18 Why would any candidate pay
19 attention to New York if the best you could do
20 there is pick up an edge of maybe three or
21 four votes by winning most of the
22 Congressional districts, but not all. And it
23 would relegate New York to the same status as
24 a relatively small state that has four
25 electoral votes, because that's all that would
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1 be at stake in terms of the difference.
2 And, Madam President, I'm
3 anticipating an answer: Well, we can't
4 control what other states do. Yes, we can,
5 Madam President. This Legislature, Senator
6 Nozzolio, any member here can introduce a
7 resolution for a constitutional amendment to
8 the United States Constitution.
9 And if you're really serious about
10 reform, you will put forth that resolution,
11 circulate it to colleagues in other state,
12 because the states and the state legislatures
13 can initiate a constitutional amendment to the
14 United States Constitution. I don't mean
15 ratify; we also ratify. But you can initiate
16 it in the state legislative level. You can
17 call a convention for the state to initiate it
18 as well, federally.
19 And if this is a good idea, I
20 suggest that Senator Nozzolio, Madam
21 President, puts that before us, gets the ball
22 rolling on that so that, when you amend the
23 United States Constitution to adopt his
24 proposal, there will be a level playing field
25 between California, between New York, between
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1 Texas.
2 And to fail to do that and to
3 suggest that New York ought to act
4 unilaterally is politically focused, shall I
5 say, Madam President, to basically take away
6 New York's strength vis-a-vis other large
7 states.
8 Another concern is if you go to
9 this system, if you do it nationwide, if
10 everybody thought that the recount in
11 Florida -- and they did: Oh, it's terrible,
12 it took so long, what a mess. Recounts always
13 take long. We know that in this body. And
14 they seem messy.
15 But I suggest -- not that it hasn't
16 happened; we've seen statewide recounts in
17 New York in our recent memory. But the
18 smaller the constituency, the more likely the
19 result -- and I'm not a mathematics professor.
20 I'm sure my oldest son could explain the
21 principle: large numbers, small numbers,
22 something or other, random something or
23 others. But the smaller the constituency, the
24 smaller the electorate, the more likely the
25 margin is to be extremely close, such as to
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1 warrant contests and recounts.
2 You know, think about it. How many
3 times have you heard of a town council
4 member's race or a small town supervisor race
5 being decided by three or four votes? More
6 often than you've heard about Congressional
7 races being decided by three or four votes,
8 but we've heard of those too.
9 Certainly -- so when you have a
10 statewide system, the likelihood of the
11 debilitating contest going on after the
12 election -- when I say debilitating,
13 debilitating to the body politic at large --
14 is enhanced. So if you went to this system,
15 if you did it nationwide, you would have the
16 presidency inevitably hanging in the balance
17 in a handful of the congressional districts
18 around the country, or even potentially in
19 New York State, where there had to be long,
20 lengthy recounts.
21 So I'm not sure this is a wise
22 system, but I know one thing, Madam President.
23 If you're going to adopt this, force all
24 states to adopt it. Or New York will lose all
25 of its influence in national elections.
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1 And it's within the power of the
2 sponsor here to put this forth as a federal
3 constitutional amendment. And if he's really
4 concerned that this is a better system than
5 the others, he can't just say, I can't control
6 what California or Texas does. He should come
7 forward, not with this bill, but with a bill
8 to amend the United States Constitution.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator Connor.
11 Senator Nozzolio.
12 SENATOR NOZZOLIO: Madam
13 President, on the bill.
14 ACTING PRESIDENT YOUNG: On the
15 bill.
16 SENATOR NOZZOLIO: It's not
17 surprising to me that my colleagues on the
18 other side of the aisle would not support this
19 measure. Even though it does enfranchise our
20 state, it may not enfranchise a particular
21 region that you're concerned with.
22 That the lock of focus of
23 presidential elections, particularly on the
24 City of New York -- Democrats, large
25 concentration, one of the largest
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1 concentrations in the country -- that this is
2 fine in terms of reform as long as you're not
3 being reformed.
4 That you speak much of reform, much
5 of access, much of opening the process, much
6 about having adequate debate. Frankly, that's
7 fine for others, but when it comes to you
8 stepping up to the plate and saying, yeah,
9 let's have it here in New York -- well, maybe
10 not really.
11 Marty, my good friend, you talk
12 about me introducing another constitutional
13 amendment. We don't need a constitutional
14 amendment. We have the power and the
15 authority within our constitution to change
16 and select what process we as a state wish to
17 engage in for the choosing of electors. The
18 Founding Fathers gave us that right. We have
19 that right. We don't need any other rights.
20 We're not suggesting by this bill
21 that other states do this uniformly if they
22 don't want to. We're saying this bill
23 provides New York the opportunity to reform
24 itself, to open its process, to make the
25 presidential election process as exciting in
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1 this state as it is in other states, as open,
2 as competitive in this state as it is in other
3 states. That's what this bill does.
4 You're going to great lengths, I
5 think, my colleagues on the other side of the
6 aisle, to describe what could be or should be
7 done by other states or what -- frankly, I
8 think that is a red herring. What we have in
9 this house is the authority to decide the
10 process based on the federal Constitution on
11 how we choose an electoral -- a member of the
12 electoral college. I'm suggesting that
13 process should be -- that we should take this
14 step.
15 Now, I've never heard New Yorkers
16 say we want all states to do it. Frankly, I
17 hear in this legislative house and in the
18 house across the hall about how New York's in
19 the lead, we want to take the first step. Now
20 you're saying we should take the last step.
21 Well, I think it's another two-step
22 that we're hearing from you. And when it
23 comes time to reform the process and make it
24 more open, what we get is a bunch of two-step
25 rhetoric.
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1 Madam President, this bill provides
2 us an opportunity to have a presidential
3 election, not just in a couple of boroughs in
4 the City of New York, but in Syracuse, in
5 Rochester, in Buffalo, in Binghamton, even in
6 Yonkers and in Albany. We want more
7 presidential process in election, not less.
8 This bill gives us more.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator Nozzolio.
11 Senator Valesky.
12 SENATOR VALESKY: Thank you,
13 Madam President. On the bill.
14 ACTING PRESIDENT YOUNG: Senator
15 Valesky, on the bill.
16 SENATOR VALESKY: I certainly
17 understand and appreciate the rich tradition
18 that we have in this country of state's
19 rights. In fact, it was critical to the
20 Founding Fathers' efforts over 225 years ago.
21 And we certainly have the ability
22 to approve this particular piece of
23 legislation. But I would submit to this body
24 that the responsibility of how we elect the
25 President of the United States ought to be
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1 left to leadership at the federal level.
2 Whether we talk about the electoral
3 college and any reform, whether we talk about
4 how we apportion electors, it is a system --
5 and I understand that the states of Maine and
6 Nebraska do it differently than the other 48
7 states. But this is something that ought to
8 be left to the leadership and guidance at the
9 federal level.
10 I was interested to note that
11 Senator Nozzolio referred, I believe, to
12 Senator Schneiderman in talking about
13 Congressional districts being compact and
14 contiguous and fair. I think he's absolutely
15 right. And as he will recall, that the City
16 of Auburn, which he and I share in
17 representation here in this State Legislature,
18 before the previous reapportionment actually
19 was split among three different Congressional
20 districts. One relatively small upstate
21 New York City split between three different
22 Congressional districts.
23 So it seems to me that the issue
24 that we ought to be talking about today is how
25 we draw district lines, whether it be for
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1 Congress, for the State Senate, for the State
2 Assembly.
3 There are a number of bills that
4 have been introduced in this house and in the
5 other that would create an independent
6 redistricting commission to take to, as great
7 a degree as possible, politics out of the
8 redistricting process. And I would hope that
9 in the week that remains in this legislative
10 session, we will have an opportunity to debate
11 and vote on a bill that would create an
12 independent redistricting commission.
13 Thank you, Madam President.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Valesky.
16 Any other member wishing to be
17 heard?
18 Then the debate is closed, and the
19 Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 SENATOR SKELOS: Madam President.
2 ACTING PRESIDENT YOUNG: Senator
3 Skelos.
4 SENATOR SKELOS: If I could
5 explain my vote.
6 ACTING PRESIDENT YOUNG: Explain
7 your vote, please.
8 SENATOR SKELOS: I am absolutely
9 amazed seeing all the hands going up from the
10 left in such a negative way.
11 When you sit here and -- and,
12 Senator Nozzolio, I want to thank you for this
13 bill. Because many times when you sit and
14 read legislation, you don't know how
15 significant it is until you really focus in on
16 the bill -- but, also, when you hear some of
17 the negative comments.
18 What is more sacred in our country
19 than electing the president of the United
20 States, the electoral process that people have
21 lost their lives over in order that we have
22 the opportunity to vote for president?
23 And I'm just shocked, shocked at
24 all the negative votes that would say: New
25 York State, let the feds tell you what to do,
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1 let the federal government tell us what to do.
2 I believe in leading. This
3 Majority, Senator Nozzolio believes in
4 leading.
5 And unfortunately, the Minority
6 here that seems to indicate constantly reform,
7 reform, dysfunction, when you have legislation
8 here that can really reform and make New York
9 State stand out, they tiptoe around it, they
10 have excuses, rather than doing away with this
11 dysfunctional system that would allow one
12 person to make the determination as to who
13 potentially could be the president of the
14 United States of this great country. Shame on
15 you.
16 Madam President, I proudly support
17 this legislation.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator Skelos.
20 Senator Schneiderman, to explain
21 his vote.
22 SENATOR SCHNEIDERMAN: Thank you,
23 Madam President.
24 Just to -- since we are doing a
25 countdown to reform on our side of the aisle,
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1 and Senator Skelos brought up the issue of
2 reform, every bill that is labeled reform is
3 not necessarily a good reform. There are many
4 pieces of legislation that are called reform.
5 And we have a very artful process of naming
6 bills these days -- not that Senator Nozzolio
7 has done that with this bill -- that sometimes
8 give very misleading titles.
9 But certainly on our side of the
10 aisle -- and we welcome any attention to any
11 of the reform measures that we've been talking
12 about since last week.
13 Today we're talking about
14 redistricting reform, very much on point to
15 the discussion we've just had. Let's have an
16 independent redistricting commission to give
17 us fair Congressional districts however we're
18 choosing our electors.
19 So we do have substantial reform
20 proposals, and we do have a commitment that we
21 will pursue those proposals, even when we have
22 the power to do otherwise. And I do suggest
23 that there are numerous reform proposals on
24 the table today that have passed the Assembly
25 in the areas of electoral reform, the area of
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1 Rockefeller drug reform and other issues, that
2 if the Majority would take them up, we would
3 be happy to vote with you on, to stand with
4 you on.
5 I think that it's really
6 unfortunate that we try and cast aspersions on
7 people legitimately expressing different
8 points of view on a questionable procedure
9 when there are so many clearly positive
10 reforms that we are in danger of adjourning
11 again without addressing.
12 I vote no, with all due -- with
13 understanding of the motivation and of the
14 strategy that's involved in this. This is a
15 political move, and I don't think we're
16 pretending otherwise.
17 But in terms of real reform, we're
18 there all the way. We'd love to be with you
19 all before the session adjourns.
20 Thank you.
21 ACTING PRESIDENT YOUNG: Thank
22 you, Senator Schneiderman.
23 The Secretary will announce the
24 results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 1239 are
2 Senator Andrews, Breslin, Brown, Connor, Diaz,
3 Dilan, Duane, Gonzalez, Klein, L. Krueger,
4 C. Kruger, Montgomery, Onorato, Parker,
5 Paterson, Sabini, Savino, Schneiderman,
6 Serrano, A. Smith, M. Smith, Stachowski,
7 Stavisky and Valesky. Also Senator
8 Oppenheimer.
9 Those Senators absent from voting:
10 DeFrancisco, Hassell-Thompson, Maltese,
11 Padavan and Sampson.
12 Ayes, 32. Nays, 25.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 SENATOR SKELOS: Madam President.
16 ACTING PRESIDENT YOUNG: Senator
17 Seward.
18 SENATOR SEWARD: Yes, Madam
19 President, I was unavoidably out of the
20 chamber earlier today when Calendar Number
21 826, Senate Bill S3158B, passed this chamber.
22 And I would request that the record show that
23 had I been in the chamber, I would have
24 enthusiastically voted yes on this worthy
25 piece of legislation.
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1 ACTING PRESIDENT YOUNG: Thank
2 you, Senator Seward. The record will so
3 reflect.
4 SENATOR SEWARD: Thank you.
5 ACTING PRESIDENT YOUNG: Senator
6 Morahan.
7 SENATOR MORAHAN: Thank you,
8 Madam President. Would you please continue in
9 regular order, starting with Calendar 1537.
10 Thank you.
11 ACTING PRESIDENT YOUNG: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1537, by Senator Spano, Senate Print 5116, an
15 act to amend the Environmental Conservation
16 Law.
17 SENATOR ONORATO: Explanation.
18 ACTING PRESIDENT YOUNG: Senator
19 Spano, an explanation, please.
20 SENATOR SPANO: Madam President,
21 this bill says that the provisions of law and
22 the rules and regulations that are in effect
23 on the date of filing an application for an
24 environmental quality review would continue to
25 apply to that review throughout the entire
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1 process until the appeals is complete.
2 We have seen some municipalities
3 attempting to change the rules after the start
4 of the game. This would prohibit that
5 practice.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Spano.
8 Senator Schneiderman.
9 SENATOR SCHNEIDERMAN: Thank you,
10 Madam President. If the sponsor would yield
11 for a few questions.
12 ACTING PRESIDENT YOUNG: Senator
13 Spano, do you yield?
14 SENATOR SPANO: Yes.
15 SENATOR SCHNEIDERMAN: This bill
16 states that a local government is not allowed
17 to change the rules if a developer has
18 filed -- and this is the language -- an
19 application and an environmental assessment
20 form with an agency.
21 I take it from that that all that
22 is required of a developer is filing a form
23 and an application, and that the environmental
24 assessment process does not need to be
25 completed for this bill to be in effect.
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1 SENATOR SPANO: It's the -- it's
2 the application and environmental form which
3 are the mechanism that trigger the SEQRA
4 review.
5 SENATOR SCHNEIDERMAN: But
6 through you, Madam President, there's no
7 requirement that any environmental assessment
8 have been undertaken, that any of the process
9 having gone forward, just that the initial
10 application and form have been filed.
11 Is that not correct?
12 SENATOR SPANO: Is there another
13 form that I'm missing?
14 SENATOR SCHNEIDERMAN: Through
15 you, Madam President, I'm not referring to the
16 filing of an additional form.
17 There is an entire review process,
18 an environmental analysis that takes place.
19 None of that, as I read this bill, would be
20 required before a local government or agency
21 is frozen out of the change.
22 SENATOR SPANO: The environmental
23 review process is the process that will occur
24 after the filing of the application.
25 SENATOR SCHNEIDERMAN: Thank you.
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1 Thank the sponsor for his answers.
2 Madam President, on the bill.
3 ACTING PRESIDENT YOUNG: On the
4 bill.
5 SENATOR SCHNEIDERMAN: I think
6 that the difficulty with this piece of
7 legislation is that this is really a
8 remarkable giveaway to developers.
9 I would call everyone's attention
10 to the opposition memo of Environmental
11 Advocates that makes the historical argument
12 about SEQRA, the State Environmental Quality
13 Review Act, and makes it clear that this
14 legislation would create an enormous loophole.
15 Essentially, what a developer could
16 do is say: I know this municipality has under
17 consideration changing its rules for
18 development. I can freeze that simply by
19 filing a form. You know, we don't have to
20 wait until the whole process is done.
21 This is the equivalent of those
22 situations where a developer shows up with the
23 bulldozers in the middle of the night and
24 tries to get in the ground before there's a
25 zoning change, but it would be done just with
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1 a piece of paper.
2 So I understand the concern that
3 there are times when there's a perception of
4 unfairness when local governments change their
5 rules. But I would respectfully suggest that
6 this is more of a David and Goliath situation
7 than most areas, where you have well-funded
8 developers with all the good legal advice that
9 they need that attempt to take advantage of
10 small local governments.
11 And this would just open an
12 enormous loophole. This would enable, with
13 the filing of a form, the developers to freeze
14 local government from making changes that they
15 may have in the works for years.
16 And I respectfully suggest that
17 that is not the way to proceed. That's not --
18 this is very -- a bill that should be of very
19 much concern to anyone who cares about the
20 preservation of our environment, and it should
21 be of concern to anyone who cares about us
22 empowering local government. We have a lot of
23 talk here about needing to help local
24 governments, needing to get them relief from
25 unfunded mandates. This would be a tremendous
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1 blow to the power of local governments across
2 the state.
3 And I think that if the sponsor is
4 serious about the problem, some modification
5 to at least require the developer to be
6 further along in the process before the
7 municipality is barred from taking action
8 would be appropriate. As drafted now, this
9 makes it all too easy for a developer to take
10 advantage of the situation.
11 So I'm going to vote no and
12 encourage everyone to do likewise.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Schneiderman.
15 Any other Senator wishing to be
16 heard?
17 Then the debate is closed, and the
18 Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: The
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1 Secretary will announce the results.
2 Senator Spano.
3 SENATOR SPANO: Madam President,
4 can I ask that we withdraw the roll call and
5 lay the bill aside.
6 ACTING PRESIDENT YOUNG: The roll
7 call is withdrawn, and the bill is laid aside.
8 Senator Maltese.
9 SENATOR MALTESE: Madam
10 President, I was out of the chamber on Senate
11 business during a vote on Senate 1750,
12 Calendar 1239, by Senator Nozzolio. Had I
13 been in the chamber, I would have voted aye.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Maltese. The record will so
16 reflect.
17 Senator Padavan.
18 SENATOR PADAVAN: I echo the
19 comments of my esteemed colleague Senator
20 Maltese.
21 ACTING PRESIDENT YOUNG: Thank
22 you, Senator Padavan. The record will so
23 reflect.
24 Senator Morahan.
25 SENATOR MORAHAN: Yes, Madam
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1 President. Can we continue with the calendar,
2 with 1540, by Senator Johnson.
3 ACTING PRESIDENT YOUNG: Thank
4 you, Senator Morahan.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1540, by Senator Johnson, Senate Print 5270,
8 an act to amend the Civil Practice Law and
9 Rules.
10 SENATOR SCHNEIDERMAN:
11 Explanation.
12 ACTING PRESIDENT YOUNG: Senator
13 Johnson, an explanation has been requested.
14 SENATOR JOHNSON: Madam
15 President, the purpose of this bill is to
16 safeguard the flow of funds from the tobacco
17 master settlement agreement to the state by
18 limiting the supersedes bond that MSA
19 signatories and their successors and
20 affiliates and nonparticipating manufacturers
21 must post to stay the execution of a judgment
22 during appeal to $100 million, regardless of
23 the value of the judgment.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Johnson.
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1 Senator Schneiderman.
2 SENATOR SCHNEIDERMAN: Thank you,
3 Madam President.
4 And I'd like to thank the sponsor
5 for his explanation and speak on the bill.
6 ACTING PRESIDENT YOUNG: Senator
7 Schneiderman, on the bill.
8 SENATOR SCHNEIDERMAN: This piece
9 of legislation I believe is, again, completely
10 unprecedented. It would amend the Civil
11 Practice Law and Rules of the State of
12 New York to provide that with regard to one
13 particular industry, the tobacco industry, we
14 will remove the requirement that a bond be
15 posted after a defendant loses a case.
16 The purpose of posting a bond,
17 ladies and gentlemen, is to ensure that where
18 you have a defendant that engages in wrongful
19 conduct and is found culpable, that you
20 protect plaintiffs, that there should be a
21 protection that they're going to be able to
22 recover from those who are found, through our
23 legal process, to have committed wrongful
24 acts.
25 Now, I would urge that this would
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1 be a bad idea for any industry, but it's
2 particularly offensive for the tobacco
3 industry. This says that no matter how many
4 bad actions they are found to have committed
5 in litigation going forward, no matter how
6 much they've had cigarettes that were
7 available to them, through research, with
8 lower levels of nicotine that they scuttled
9 those and hid them away because they wanted
10 people to be addicted, it doesn't matter.
11 They get an exemption from the requirement
12 that everyone else is subject to, that you
13 post a bond so that people can recover if they
14 are harmed by your wrongdoing.
15 The tobacco industry again has been
16 found on numerous occasions to have committed
17 just such cover-ups. This bill would say, You
18 know what, even if there's findings that the
19 tobacco industry singled out and targeted the
20 African-American community, the Latino
21 community to try and get young kids hooked on
22 cigarettes, that they're going to be exempt,
23 they're going to be exempt from liability in a
24 way that no one else is.
25 This is not a piece of legislation
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1 that we should be taking up. We should be
2 going after the tobacco industry, we should be
3 ensuring that their wrongful conduct, which
4 they've already been found to have committed,
5 is not supported and abetted in New York
6 State. We should be helping to get our kids
7 off tobacco.
8 And I think it's -- you know, I'm
9 surprised in some respects that we're seeing
10 this bill. Obviously one of the leaders I
11 think, you know, probably rising to the level
12 of national leadership in the effort to put an
13 end to tobacco addiction is Senator Fuschillo.
14 And yet this bill would essentially
15 exempt the tobacco industry, just require them
16 to post, you know, a bond, it sets a
17 particular limit on a bond, which everyone
18 knows $100 million is nothing close to
19 covering all of the injury caused by tobacco
20 in this state.
21 So I suggest that this is the wrong
22 way to handle a difficult issue. If there's a
23 question about tobacco companies having
24 trouble financially, it's because they're
25 having trouble financially because they've
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1 done a lot of wrong and they're being held
2 liable for it. This is not the way we should
3 be addressing it.
4 If the concern is that we are, as
5 people are hooked on nicotine, now we're
6 hooked on tobacco revenue to fund important
7 programs in this state, then shame on us as a
8 legislature for balancing our books that way.
9 You know, we sometimes talk about
10 the direction of our financing and whether
11 we're moving in a way that's progressive or
12 regressive. We're moving in a way that's not
13 just a matter of progressive or regressive, we
14 seem to be moving in a way that's immoral.
15 I mean, if we're going to be
16 relying on gambling and tobacco revenues to
17 fund our schools, we're headed in a very
18 strange direction for a government that used
19 to be the progressive model for health and
20 safety laws in this state.
21 Don't forget that much of the
22 New Deal's protection of workers, protection
23 of women and children, protection, ultimately,
24 of all of our citizens in the areas of public
25 health were modeled on legislation passed in
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1 New York State. Shame on us if we move in the
2 opposite direction.
3 I urge everyone to vote no on this
4 bill.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Schneiderman.
7 Senator Johnson.
8 SENATOR JOHNSON: I'd like to
9 correct Senator Schneiderman's remarks. I
10 mean, he's usually very accurate, but I
11 think -- I don't know what happened here, he's
12 off the track today, because he didn't read
13 the bill. And if he read the bill, he would
14 know that what he said wasn't true.
15 He said it's unprecedented
16 something like this should take place, this
17 limiting the appeal bond. And it's been done
18 for the very tobacco industry in 40 other
19 states and communities.
20 He said that we're relieving the
21 person with the judgment against them of the
22 necessity of posting a bond. No, we're
23 actually saying we want them to post a bond in
24 order that they may go forward with their
25 appeal of the erroneous, in their opinion,
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1 judgment. And that's all we're doing, is
2 we're giving them their day in court to make
3 an appeal.
4 Now if, as Senator Schneiderman
5 said, no one should be able to appeal any
6 judgment, then I think he's in a different
7 state than we're in here, or a different
8 country. Because everyone has an opportunity
9 to appeal a judgment.
10 But when it's a $12 billion
11 judgment, as it was in Ohio in 2003, that
12 would have bankrupted the entire tobacco
13 industry, not just one company. Obviously, it
14 was too much. So finally they got that
15 negotiated down to a lower level so that they
16 could post a bond which was a reasonable
17 amount of money and the appeal could go forth
18 in Ohio.
19 This does not ultimately limit any
20 amount of the judgment. This just lets them
21 appeal. If the appeal come goes through and
22 the judgment is the same, they'll have to pay
23 the judgment. But at least they'll have their
24 right -- their day in court. I think they're
25 entitled to that.
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1 In fact, the City Council asked for
2 this bill because they want to have their day
3 in court -- they want to make sure, rather,
4 that their MSA money from the tobacco
5 settlements keeps coming forth. And a lawsuit
6 like this would prevent judgments from coming
7 forth if you couldn't make an appeal in a case
8 like that.
9 So the City Council has asked for
10 this. Albany County asked for it, Suffolk
11 County asked for it, Nassau County asked for
12 it, Westchester asked for it, Rockland asked
13 for it, rural Erie County asked for it.
14 Practically every community that is aware of
15 this bill is supporting this because they know
16 that this is the only way to safeguard the
17 continued flow of tobacco dollars which they
18 depend upon for the operation of their
19 government, and as well as the state.
20 So it's a good bill. It passed
21 last year. It should pass this year.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Johnson.
24 Any other Senator wishing to speak?
25 Then the debate is closed, and the
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1 Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT YOUNG: Announce
9 the results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1540 are
12 Senator Andrews, Connor, Diaz, Dilan, Duane,
13 L. Krueger, C. Kruger, Montgomery,
14 Oppenheimer, Parker, Paterson, Schneiderman,
15 Serrano, Stachowski, Stavisky and Valesky.
16 Those Senators absent from voting:
17 DeFrancisco, Gonzalez, Hassell-Thompson and
18 Sampson.
19 Also recorded in the negative,
20 Senator Brown.
21 Ayes, 41. Nays, 17.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 Senator Morahan.
25 SENATOR MORAHAN: Yes, Madam
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1 President. Can we proceed with Calendar 1555,
2 by Senator Balboni.
3 ACTING PRESIDENT YOUNG: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1555, by Senator Balboni, Senate Print 5605,
7 an act to amend the Penal Law and others.
8 SENATOR SCHNEIDERMAN: Brief
9 explanation.
10 ACTING PRESIDENT YOUNG: An
11 explanation has been requested.
12 SENATOR BALBONI: Madam
13 President, I have good news for this chamber.
14 Pursuant to an agreement I've worked out with
15 my conference, I'm not to speak anymore to the
16 end of the session. I know that that is going
17 to cause great consternation among no one
18 here.
19 The reason why I rise on this bill
20 is because we have seen most of the provisions
21 that are here beforehand. This is a
22 Governor's program bill, and it's referred to
23 as Terrorism III. We've done the first two
24 acts.
25 And basically what that bill does
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1 is it talks about the bills that we've already
2 passed in this chamber, with most of your
3 votes in favor, on both sides of the aisle.
4 Cyberterrorism, agri-terrorism, and then it
5 goes into some of the financial crimes that
6 terrorists use.
7 And so, ladies and gentlemen, as we
8 pass this bill today I would just end my
9 remarks by saying that why are we doing the
10 bill? It's the end of session. This is a
11 one-house bill. And the question I ask to all
12 of you, with all sincerity and seriousness,
13 what were we doing on September 10th? We've
14 gone back, in my opinion, to those days before
15 September 11th. Complacency is amongst us.
16 Thank you, Madam President.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Balboni, for that brief
19 explanation.
20 Senator Schneiderman.
21 SENATOR SCHNEIDERMAN: Thank you,
22 Madam President. Very briefly on the bill.
23 I very much appreciate Senator
24 Balboni's candor. This is a one-house bill
25 addressing an extremely serious subject. And
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1 I respect the fact that while there are people
2 who are really sort of losing their focus on
3 the need to protect ourselves from terrorism,
4 that's certainly not the case with Senator
5 Balboni.
6 However, this legislation as
7 drafted has some provisions in it that make it
8 impossible for us to go forward and make it a
9 two-house bill. Many of us have voted against
10 it for those reasons.
11 Very briefly, the two things that I
12 will address are that this bill includes in it
13 a provision for roving wiretaps. Now, the
14 Fourth Amendment of the Constitution rules out
15 unreasonable searches and seizures. It
16 strikes a balance between the needs of law
17 enforcement and the rights of people to be
18 secure in their person and in their homes.
19 A roving wiretap blows that idea
20 out of the water. Rather than a focusing on a
21 specific phone, roving wiretaps follow the
22 suspect. And any one of us could get caught
23 up, without realizing it, in a roving wiretap.
24 It's something that is like a floating
25 no-privacy zone. We never know where they're
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1 going to be.
2 That's something that we've
3 expressed concerns about before. I believe
4 that needs to be taken out of this bill before
5 it's going to become a law.
6 The second thing is -- and this, I
7 think, is really almost a no-brainer, from my
8 point of view. This bill creates a broad
9 good-faith exemption to the exclusionary rule
10 which would essentially reward police officers
11 who intentionally act illegally, go commit
12 illegal searches and then lie about it.
13 There's a very limited good-faith
14 exception for police officers who in good
15 faith rely on a warrant. But the warrant has
16 been duly issued, the procedures have been
17 followed.
18 That should not be expanded, as
19 this bill would do it, to mean that any police
20 officer acting illegally, conducting an
21 illegal search, if he just says, Well, I
22 thought it was okay, he'd get away with it.
23 That is a major problem with this legislation.
24 For those reasons and for several
25 others, I don't think we should -- I'm not
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1 going to support this bill. But I do think
2 it's important for us to move along in the
3 discussion. I hope we'll have further
4 negotiations with the Assembly on the broad
5 issue of terrorism and our needs to change the
6 law.
7 But I would submit to you, my
8 colleagues, it is not necessary to subvert the
9 Constitution in order to protect it. The
10 things that make this country great and worth
11 defending and the target of terrorists are
12 some of the things we are in danger of
13 eroding.
14 The House of Representatives, with
15 a majority on the other side of the aisle,
16 voted Wednesday to block a provision of the
17 USA Patriot Act that makes it easier for
18 federal investigators to review the records of
19 libraries and bookstores on national security
20 grounds. So I think we may be coming back to
21 our senses in terms of striking a balance
22 between individual rights and the need to
23 combat terrorism.
24 Let's preserve our civil liberties
25 where we can, and let's fight terrorists where
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1 we have to. I believe this bill does not
2 strike the balance as currently drafted. But
3 I do hope we will have the opportunity
4 before -- I guess not this year, but certainly
5 next year, to all vote together on a bill that
6 does address these issues.
7 Thank you, Madam President.
8 ACTING PRESIDENT YOUNG: Thank
9 you, Senator Schneiderman.
10 Any Senator wishing to be heard?
11 Then the debate is closed, and the
12 Secretary will ring the bell.
13 Senator Morahan.
14 SENATOR MORAHAN: Thank you,
15 Madam President. I just want to advise the
16 members that after this vote is announced,
17 that there may be another Rules Committee
18 meeting today, and that calendar will be
19 coming out to the floor.
20 As well as there may be a
21 conference of the Majority.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Morahan.
24 Read the last section.
25 THE SECRETARY: Section 39. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Senator
6 Balboni, to explain his vote.
7 SENATOR BALBONI: Madam
8 President, in an effort to just provide a
9 brief bit of clarification in the arguments
10 that were made by Senator Schneiderman on this
11 bill, there are three points of controversy
12 regarding this particular measure. And each
13 one of them have been addressed before and
14 have been reviewed, in fact, by the United
15 States Supreme Court.
16 One of them is a roving wiretap
17 that is currently used against organized
18 crime. And with technology evolving the way
19 it is, where people are not using landlines
20 anymore, they're using cellphones, a wiretap
21 to the person, as opposed to the instrument,
22 makes eminent sense and is a recognition of
23 the evolving technology.
24 Second is the good-faith exception.
25 If you find something as it relates to the
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1 crime of terrorism, then you can have a
2 good-faith exception to the warrantless search
3 provisions of the United States Constitution.
4 But a judge has to decide it's in good faith.
5 And, lastly, there is to have the
6 ability of uncorroborated testimony used to
7 convict the individual for the crime of
8 terrorism, but that has to be decided by a
9 jury and a judge.
10 We have discussed these issues
11 before. They are of concern. I agree with
12 Senator Schneiderman, this bill can be worked
13 on. Hopefully we'll get a better package as
14 it comes through here. But I'm going to vote
15 yes and urge the chamber to vote yes.
16 Thank you, Madam President.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Balboni. You will be recorded in
19 the affirmative.
20 The Secretary will announce the
21 results.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 1555 are
24 Senators Andrews, Connor, Dilan, Duane,
25 L. Krueger, Montgomery, Parker, Paterson,
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1 Sabini, Schneiderman, Serrano, A. Smith and
2 Stavisky.
3 Those Senators absent from voting:
4 DeFrancisco, Diaz, Hassell-Thompson and
5 Sampson.
6 Ayes, 45. Nays, 13.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 Senator Morahan.
10 SENATOR MORAHAN: Thank you,
11 Madam President. There will be a Rules
12 Committee meeting in a little bit. In the
13 meantime, are there any -- and we may take
14 that calendar up when it's reported out from
15 Rules.
16 Meanwhile, is there any
17 housekeeping at the desk? Return to motions
18 and resolutions.
19 ACTING PRESIDENT YOUNG: Yes, we
20 have motions and resolutions.
21 SENATOR MORAHAN: If we can take
22 those up at this time, Madam President.
23 ACTING PRESIDENT YOUNG: Motions
24 and resolutions.
25 Senator Farley.
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1 SENATOR FARLEY: Thank you, Madam
2 President. On behalf of Senator LaValle, I
3 wish to call up his bill, Print Number 419,
4 recalled from the Assembly, which is now at
5 the desk.
6 ACTING PRESIDENT YOUNG: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 840, by Senator LaValle, Senate Print 419, an
10 act to amend the Education Law.
11 SENATOR FARLEY: I now move to
12 reconsider the vote by which this bill passed.
13 ACTING PRESIDENT YOUNG: The
14 Secretary will call the roll on
15 reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 SENATOR FARLEY: Madam President,
19 I now offer the following amendments.
20 ACTING PRESIDENT YOUNG: The
21 amendments are received.
22 SENATOR FARLEY: Madam President,
23 on behalf of Senator Balboni, I wish to call
24 up his bill, Print Number 936A, which was
25 recalled from the Assembly and it's now at the
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1 desk.
2 ACTING PRESIDENT YOUNG: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1146, by Senator Balboni, Senate Print 936A,
6 an act to amend the Insurance Law and the
7 Public Health Law.
8 SENATOR FARLEY: Madam President,
9 I now move to reconsider the vote by which
10 this bill passed.
11 ACTING PRESIDENT YOUNG: The
12 Secretary will call the roll on
13 reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 61.
16 SENATOR FARLEY: Madam President,
17 I now offer the following amendments.
18 ACTING PRESIDENT YOUNG: The
19 amendments are received.
20 SENATOR FARLEY: Madam President,
21 on behalf of Senator DeFrancisco, on page 52,
22 Calendar Number 1397, Senate Print 4855A, I
23 offer the following amendments.
24 Also, for Senator Leibell, on page
25 28, Calendar Number 818, Senate Print 4558.
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1 And on behalf of Senator Saland, on
2 page 48, Calendar Number 1271, Senate Print
3 5048A.
4 And also on behalf of Senator
5 Winner, on page 53, Calendar Number 1513,
6 Senate Print 4835.
7 On behalf of Senator Winner, on
8 page 54, Calendar Number 1529, Senate Print
9 5611.
10 Madam President, I move that these
11 bills be amended and that they retain their
12 place on the Third Reading Calendar.
13 ACTING PRESIDENT YOUNG: The
14 amendments are received, and the bills will
15 retain their place on the Third Reading
16 Calendar.
17 Senator Bonacic.
18 SENATOR BONACIC: Thank you,
19 Madam President. I wish to call up my bill,
20 Print Number 4656A, recalled from the
21 Assembly, which is now at the desk.
22 ACTING PRESIDENT YOUNG: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 1257, by Senator Bonacic, Senate Print 4656A,
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1 an act to amend the Correction Law.
2 SENATOR BONACIC: I now move to
3 reconsider the vote by which the bill was
4 passed.
5 ACTING PRESIDENT YOUNG: The
6 Secretary will call the roll on
7 reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 SENATOR BONACIC: I now offer the
11 following amendments.
12 ACTING PRESIDENT YOUNG: The
13 amendments are received.
14 SENATOR BONACIC: Thank you,
15 Madam President.
16 I now wish to call up a bill by
17 Senator Hannon, Print Number 4569, recalled
18 from the Assembly, which is now at the desk.
19 ACTING PRESIDENT YOUNG: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 982, by Senator Hannon, Senate Print 4569, an
23 act to amend the Public Health Law and the
24 General Business Law.
25 SENATOR BONACIC: I now move to
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1 reconsider the vote by which the bill was
2 passed.
3 ACTING PRESIDENT YOUNG: The
4 Secretary will call the roll on
5 reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 SENATOR BONACIC: Madam
9 President, I now move to recommit the bill to
10 the Committee on Health.
11 ACTING PRESIDENT YOUNG: So
12 ordered.
13 SENATOR BONACIC: Thank you.
14 Madam President, I now wish to call
15 up Calendar Number 904, Assembly Print Number
16 8295.
17 ACTING PRESIDENT YOUNG: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 904, by Member of the Assembly Weinstein,
21 Assembly Print Number 8295, an act to amend
22 the Civil Practice Law and Rules.
23 SENATOR BONACIC: I now move to
24 reconsider the vote by which this Assembly
25 bill was substituted for Senator DeFrancisco's
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1 Senate bill, Print Number 4842, on June 16th.
2 ACTING PRESIDENT YOUNG: The
3 Secretary will call the roll on
4 reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 SENATOR BONACIC: I now move that
8 Assembly Bill Number 8295 be committed to the
9 Committee on Rules and Senator DeFrancisco's
10 bill be restored to the order of the Third
11 Reading Calendar.
12 ACTING PRESIDENT YOUNG: So
13 ordered.
14 SENATOR BONACIC: I now offer the
15 following amendments.
16 ACTING PRESIDENT YOUNG: The
17 amendments are received.
18 SENATOR BONACIC: Madam
19 President, I have one more for you.
20 I move that the following bills be
21 discharged from their respective committees
22 and be recommitted with instructions to strike
23 the enacting clause: By Senator Young, Senate
24 Bill 5590.
25 ACTING PRESIDENT YOUNG: So
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1 ordered.
2 SENATOR BONACIC: Thank you,
3 Madam President.
4 ACTING PRESIDENT YOUNG: Senator
5 Nozzolio.
6 SENATOR NOZZOLIO: Madam
7 President, I wish to call up, on behalf of
8 Senator Leibell, Print Number 5224, recalled
9 from the Assembly, which is now at the desk.
10 ACTING PRESIDENT YOUNG: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1127, by Senator Leibell, Senate Print 5224,
14 an act to amend the Public Authorities Law.
15 SENATOR NOZZOLIO: Madam
16 President, I now move to reconsider the vote
17 by which the bill was passed.
18 ACTING PRESIDENT YOUNG: The
19 Secretary will call the roll on
20 reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 SENATOR NOZZOLIO: I now offer
24 the following amendments.
25 ACTING PRESIDENT YOUNG: The
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1 amendments are received.
2 Senator Morahan, we have
3 substitutions.
4 SENATOR MORAHAN: Yes, please
5 make the substitutions.
6 ACTING PRESIDENT YOUNG: The
7 Secretary will read.
8 THE SECRETARY: On page 11,
9 Senator Hannon moves to discharge, from the
10 Committee on Rules, Assembly Bill Number 2721
11 and substitute it for the identical Senate
12 Bill Number 2547, Third Reading Calendar 324.
13 And on page 13, Senator Libous
14 moves to discharge, from the Committee on
15 Rules, Assembly Bill Number 4454B and
16 substitute it for the identical Senate Bill
17 Number 1820B, Third Reading Calendar 379.
18 ACTING PRESIDENT YOUNG:
19 Substitutions ordered.
20 Senator Morahan.
21 SENATOR MORAHAN: Yes, Madam
22 President. There will be a meeting of the
23 Rules Committee at 2:25 in the Majority
24 Conference Room, Room 332.
25 And we'll stand at ease at the
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1 moment.
2 ACTING PRESIDENT YOUNG: Thank
3 you, Senator Morahan.
4 There will be a meeting of the
5 Rules Committee at 2:25 in Room 332.
6 The Senate will stand at ease.
7 (Whereupon, the Senate stood at
8 ease at 2:18 p.m.)
9 (Whereupon, the Senate reconvened
10 at 2:43 p.m.)
11 ACTING PRESIDENT YOUNG: Senator
12 Morahan.
13 SENATOR MORAHAN: Thank you,
14 Madam President. May we return to reports of
15 standing committees. I understand there's a
16 report of the Rules Committee at the desk.
17 I'd like to have that read.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator Morahan.
20 Reports of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 38, by Senator
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1 DeFrancisco, an act to amend the Tax Law;
2 271, by Senator Volker, an act to
3 amend the Local Finance Law;
4 1613, by Senator Robach, an act to
5 amend the Penal Law;
6 1713, by Senator Seward, an act to
7 amend the Tax Law;
8 2413, by Senator Alesi, an act to
9 amend the Social Services Law;
10 2431, by Senator Padavan, an act to
11 amend the Tax Law;
12 2471, by Senator Fuschillo, an act
13 to amend the Penal Law;
14 2510A, by Senator Farley, an act to
15 amend the Education Law;
16 2617A, by Senator Winner, an act to
17 amend the Real Property Law;
18 3004, by Senator Larkin, an act to
19 amend the Civil Service Law;
20 3113, by Senator LaValle, an act to
21 amend the Vehicle and Traffic Law and the
22 State Finance Law;
23 3236A, by Senator LaValle, an act
24 to amend the Education Law;
25 3535A, by Senator Young, an act to
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1 amend the Real Property Tax Law;
2 3827A, by Senator Golden, an act to
3 amend the Public Health Law;
4 4137A, by Senator Trunzo, an act in
5 relation to giving;
6 4206, by Senator Johnson, an act to
7 amend the Public Officers Law;
8 4704A, by Senator Marchi, an act to
9 amend the Tax Law;
10 4995, by Senator Alesi, an act to
11 amend the Tax Law;
12 5111B, by Senator Spano, an act to
13 amend the Vehicle and Traffic Law;
14 5321A, by Senator Winner, an act in
15 relation to establishing;
16 5424A, by Senator Saland, an act to
17 authorize;
18 5428, by Senator Saland, an act to
19 amend the Education Law;
20 5432, by Senator Saland, an act to
21 amend the Education Law;
22 5453, by Senator Bonacic, an act to
23 amend the General City Law;
24 5457A, by Senator Padavan, an act
25 to authorize;
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1 5461, by Senator Nozzolio, an act
2 to amend the General Municipal Law;
3 5490, by Senator Saland, an act to
4 amend the Education Law;
5 5531, by Senator Alesi, an act to
6 authorize;
7 5549, by Senator LaValle, an act
8 relating to providing;
9 5577, by Senator Meier, an act to
10 provide;
11 5604, by Senator LaValle, an act to
12 amend the Education Law;
13 5607, by Senator Rath, an act to
14 amend the Real Property Tax Law;
15 5620, by Senator Padavan, an act to
16 amend the Real Property Tax Law;
17 5624, by Senator Flanagan, an act
18 to amend the Mental Hygiene Law;
19 5630, by Senator DeFrancisco, an
20 act to provide;
21 5632, by Senator Alesi, an act to
22 amend the Administrative Procedure Act;
23 5633, by Senator Alesi, an act to
24 amend the Economic Development Law;
25 5662, by Senator Libous, an act to
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1 amend Chapter 549 of the Laws of 1994;
2 And Senate Print 5666, by Senator
3 Oppenheimer, an act to amend the Tax Law.
4 All bills ordered direct to third
5 reading.
6 ACTING PRESIDENT YOUNG: Senator
7 Morahan.
8 SENATOR MORAHAN: I ask for a
9 motion to accept the Rules Committee report.
10 ACTING PRESIDENT YOUNG: All in
11 favor of accepting the report of the Rules
12 Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT YOUNG: Opposed,
15 nay.
16 (No response.)
17 ACTING PRESIDENT YOUNG: The
18 report is accepted.
19 Senator Morahan.
20 SENATOR MORAHAN: Madam
21 President, can we return to motions and
22 resolutions, please.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Morahan.
25 Motions and resolutions.
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1 Senator Bonacic.
2 SENATOR BONACIC: Thank you,
3 Madam President.
4 I wish to call up a bill by Senator
5 LaValle, Print Number 3744, recalled from the
6 Assembly, which is now at the desk.
7 ACTING PRESIDENT YOUNG: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 548, by Senator LaValle, Senate Print 3744, an
11 act to amend Chapter 610 of the Laws of 2004.
12 SENATOR BONACIC: I now move to
13 reconsider the vote by which this bill was
14 passed.
15 ACTING PRESIDENT YOUNG: The
16 Secretary will call the roll on
17 reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 SENATOR BONACIC: Madam
21 President, I now offer the following
22 amendments.
23 ACTING PRESIDENT YOUNG: The
24 amendments are received.
25 SENATOR BONACIC: Thank you.
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1 ACTING PRESIDENT YOUNG: Senator
2 Morahan.
3 SENATOR MORAHAN: Yes, Madam
4 President, we'll stand at ease for a few
5 minutes while the calendars are being prepared
6 and distributed.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Morahan.
9 The house stands at ease.
10 (Whereupon, the Senate stood at
11 ease at 2:48 p.m.)
12 ACTING PRESIDENT YOUNG: Senator
13 Morahan.
14 SENATOR MORAHAN: Yes, Madam
15 President. There will be an immediate meeting
16 of the Majority conference in the Majority
17 Conference Room.
18 We should be returning to the
19 chamber at approximately 3:15, 3:20, and we'll
20 take up the Rules calendar that we just
21 adopted.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Morahan.
24 SENATOR MORAHAN: And the Senate
25 will stand at ease in the interim.
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1 ACTING PRESIDENT YOUNG: There
2 will be an immediate conference of the Senate
3 Majority in the Majority Conference Room, and
4 the Senate will stand at ease until 3:15.
5 (Whereupon, the Senate reconvened
6 at 3:33 p.m.)
7 ACTING PRESIDENT YOUNG: Senator
8 Morahan.
9 SENATOR MORAHAN: Thank you,
10 Madam President.
11 Could we now have the reading of
12 the noncontroversial calendar, Senate
13 Supplemental Calendar Number 57A.
14 ACTING PRESIDENT YOUNG: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 1570, by Senator DeFrancisco, Senate Print 38,
18 an act to amend the Tax Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 61. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1571, by Senator Volker, Senate Print 271, an
7 act to amend the Local Finance Law.
8 ACTING PRESIDENT YOUNG: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1572, by Senator Robach, Senate Print 1613, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect --
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1 SENATOR DUANE: Lay it aside,
2 please.
3 ACTING PRESIDENT YOUNG: The bill
4 is laid aside.
5 SENATOR MORAHAN: Lay it aside
6 for the day, please.
7 ACTING PRESIDENT YOUNG: The bill
8 is laid aside for the day.
9 THE SECRETARY: Calendar Number
10 1573, by Senator Seward, Senate Print 1713, an
11 act to amend the Tax Law.
12 ACTING PRESIDENT YOUNG: There is
13 a local fiscal impact note at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61. Nays,
21 1. Senator Valesky recorded in the negative.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1574, by Senator Alesi, Senate Print 2413, an
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1 act to amend the Social Services Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 62.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1575, by Senator Padavan --
14 SENATOR MORAHAN: Lay it aside
15 for the day, please.
16 ACTING PRESIDENT YOUNG: The bill
17 is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 1576, by Senator Fuschillo, Senate Print
20 2471 --
21 SENATOR MORAHAN: Lay it aside
22 for the day, please.
23 ACTING PRESIDENT YOUNG: The bill
24 is laid aside for the day.
25 THE SECRETARY: Calendar Number
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1 1577, by Senator Farley, Senate Print 2510A,
2 an act to amend the Education Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1579, by Senator Larkin, Senate Print 3004, an
15 act to amend the Civil Service Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1580, by Senator LaValle, Senate Print 3113,
3 an act to amend the Vehicle and Traffic Law
4 and the State Finance Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1581, by Senator LaValle, Senate Print 3236A,
17 an act to amend the Education Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1582, by Senator Young, Senate Print 3535A, an
5 act to amend the Real Property Tax Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 61. Nays,
14 1. Senator Duane recorded in the negative.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 1583, Senator Golden moves to
19 discharge, from the Committee on Health,
20 Assembly Bill Number 3812A and substitute it
21 for the identical Senate Bill Number 3827A,
22 Third Reading Calendar 1583.
23 ACTING PRESIDENT YOUNG:
24 Substitution ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 1583, by Member of the Assembly Perry,
3 Assembly Print Number 3812A, an act to amend
4 the Public Health Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1585, by Senator Johnson, Senate Print 4206,
17 an act to amend the Public Officers Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1586, by Senator Marchi, Senate Print 4704A,
5 an act to amend the Tax Law.
6 ACTING PRESIDENT YOUNG: There is
7 a local fiscal impact note at the desk.
8 Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first day of a
11 sales tax quarterly period.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1587, by Senator Alesi, Senate Print --
20 SENATOR SCHNEIDERMAN: Lay it
21 aside.
22 ACTING PRESIDENT YOUNG: The bill
23 is laid aside.
24 SENATOR MORAHAN: Lay it aside
25 for the day, please.
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1 ACTING PRESIDENT YOUNG: The bill
2 is laid aside for the day.
3 THE SECRETARY: Calendar Number
4 1589, by Senator Winner, Senate Print 5321A,
5 an act in relation to establishing.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 8. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1591, by Senator Saland, Senate Print 5428, an
18 act to amend the Education Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 8. This
22 act shall take effect on the first of
23 September.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1592, by Senator Saland, Senate Print 5432, an
7 act to amend the Education Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 18. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1593, by Senator Bonacic, Senate Print 5453,
20 an act to amend the General City Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1595, by Senator Nozzolio, Senate Print 5461,
8 an act to amend the General Municipal Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1596, by Senator Saland, Senate Print 5490, an
21 act to amend the Education Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Senator
5 Duane, to explain his vote.
6 SENATOR DUANE: Thank you, Madam
7 President.
8 I'm voting in the affirmative on
9 this bill. However, I'm still hopeful that
10 this session we can pass the Dignity for All
11 Students Act, thereby avoiding violent
12 incidents from happening in the schools.
13 Thank you, Madam President.
14 ACTING PRESIDENT YOUNG: Your
15 vote will be recorded in the affirmative.
16 Thank you, Senator Duane.
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1597, by Senator Alesi, Senate Print 5531, an
23 act to authorize the Town of Riga.
24 ACTING PRESIDENT YOUNG: Read the
25 last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT YOUNG: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1598, by Senator LaValle, Senate Print 5549,
11 an act relating to providing.
12 ACTING PRESIDENT YOUNG: There is
13 a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1599, by Senator Meier, Senate Print 5577, an
25 act to provide an accelerated schedule.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 Senator Morahan.
12 SENATOR MORAHAN: Yes, Madam
13 President. Can we return to Calendar 1597,
14 please. I'd like to reconsider the vote by
15 which this bill was passed.
16 ACTING PRESIDENT YOUNG: The
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1597, by Senator Alesi, Senate Print 5531.
20 ACTING PRESIDENT YOUNG: Call the
21 roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 SENATOR MORAHAN: Lay the bill
25 aside for the day, Madam President.
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1 ACTING PRESIDENT YOUNG: The bill
2 is laid aside for the day.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1600, by Senator LaValle, Senate Print 5604,
6 an act to amend the Education Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 1604, Senator DeFrancisco
19 moves to discharge, from the Committee on
20 Rules, Assembly Bill Number 8206A and
21 substitute it for the identical Senate Bill
22 Number 5630, Third Reading Calendar 1604.
23 ACTING PRESIDENT YOUNG:
24 Substitution ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 1604, by Member of the Assembly Magnarelli,
3 Assembly Print Number 8206A, an act to provide
4 an accelerated schedule.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 62.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1605, by Senator Alesi, Senate Print 5632, an
17 act to amend the Administrative Procedure Act.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect July 1, 2005.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 62.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1606, Senator Alesi moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 8633 and substitute it
7 for the identical Senate Bill Number 5633,
8 Third Reading Calendar 1606.
9 ACTING PRESIDENT YOUNG:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1606, by Member of the Assembly Weprin,
14 Assembly Print Number 8633, an act to amend
15 the Economic Development Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: In relation to
2 Calendar Number 1607, Senator Libous moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 8782 and substitute it
5 for the identical Senate Bill Number 5662,
6 Third Reading Calendar 1607.
7 ACTING PRESIDENT YOUNG:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1607, by the Assembly Committee on Rules,
12 Assembly Print Number 8782, an act to amend
13 Chapter 549 of the Laws of 1994.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 Senator Morahan.
25 SENATOR MORAHAN: Yes, Madam
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1 President. Is there any other housekeeping at
2 the desk, any other business?
3 ACTING PRESIDENT YOUNG: Yes, we
4 have motions.
5 SENATOR MORAHAN: Return to
6 motions and resolutions.
7 ACTING PRESIDENT YOUNG: Motions
8 and resolutions.
9 Senator Bonacic.
10 SENATOR BONACIC: Thank you,
11 Madam President.
12 On behalf of Senator Spano, I'll
13 move to amend Senate Bill 5287A by striking
14 out the amendments made on June 9, 2005, and
15 restoring it to its original print number,
16 5287.
17 ACTING PRESIDENT YOUNG: So
18 ordered.
19 SENATOR BONACIC: Madam
20 President, on page number 51, I offer the
21 following amendment to Senator Alesi's bill,
22 Calendar Number 1372, Print Number 5024, and
23 ask that said bill retain its place on the
24 Third Reading Calendar.
25 ACTING PRESIDENT YOUNG: The
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1 amendment is received, and the bill will
2 retain its place on the Third Reading
3 Calendar.
4 SENATOR BONACIC: Thank you,
5 Madam President.
6 ACTING PRESIDENT YOUNG: Thank
7 you.
8 Senator Morahan.
9 SENATOR MORAHAN: Madam
10 President, there being no further business to
11 come before the Senate, I move that we adjourn
12 until Monday, June 20th, at 3:00 p.m.,
13 intervening days being legislative days.
14 ACTING PRESIDENT YOUNG: On
15 motion, the Senate stands adjourned until
16 Monday, June 20th, at 3:00 p.m., intervening
17 days being legislative days.
18 (Whereupon, at 3:50 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25
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