Regular Session - June 20, 2005
4366
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 June 20, 2005
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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21
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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 stand and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us today to
10 give the invocation is Deacon Walter J.
11 MacKinnon, from St. Edwards the Confessor
12 Church, part of the Catholic Diocese of
13 Albany.
14 DEACON MacKINNON: Creator God,
15 for the many blessings that we have received,
16 we give thanks.
17 We now ask for Your guidance as we
18 prepare for this session of the Senate. Give
19 us grace and understanding so that we may
20 continue to govern with truth and honesty for
21 the citizens of the State of New York.
22 Amen.
23 THE PRESIDENT: Reading of the
24 Journal.
25 THE SECRETARY: In Senate,
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1 Sunday, June 19, the Senate met pursuant to
2 adjournment. The Journal of Saturday,
3 June 18, was read and approved. On motion,
4 Senate adjourned.
5 THE PRESIDENT: Without
6 objection, the Journal stands approved as
7 read.
8 Presentation of petitions.
9 Messages from the Assembly.
10 Messages from the Governor.
11 Reports of standing committees.
12 Reports of select committees.
13 Communications and reports from
14 state officers.
15 Motions and resolutions.
16 Senator Farley.
17 SENATOR FARLEY: Thank you, Madam
18 President. I've got a lot of motions here.
19 On behalf of Senator Volker, on
20 page 22 --
21 SENATOR FUSCHILLO: Madam
22 President.
23 THE PRESIDENT: Excuse me,
24 Senator Farley. I have to call on Senator
25 Fuschillo.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: May we just
3 postpone the motions and resolutions for a
4 moment, please.
5 THE PRESIDENT: Yes, Senator.
6 SENATOR FUSCHILLO: I believe
7 there's a resolution at the desk, 2636, by
8 Senator Paterson. May we have it read in its
9 entirety and move for its immediate adoption.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: By Senator
13 Paterson, Legislative Resolution Number 2636,
14 honoring Patricia Meili, Achilles Track Club
15 Board Chair and Founder of the Hope &
16 Possibility 5 Mile Run/Walk.
17 "WHEREAS, It is the custom of this
18 Legislative Body that the quality and
19 character of life in this great Empire State
20 is indelibly enriched by individuals of
21 remarkable integrity and character whose
22 professional lives and civic endeavors serve
23 to enhance the stature of the State of
24 New York; and
25 "WHEREAS, Attendant to such
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1 concern, and in full accord with its
2 long-standing traditions, this Legislative
3 Body is justly proud to honor Patricia Meili,
4 a most extraordinary woman, upon whose
5 inspiration The Annual Hope & Possibility
6 5 Mile Run/Walk came to be; and
7 "WHEREAS, This incredible journey
8 of courage and perseverance began 16 years
9 ago, when an unspeakable horror befell one
10 lone female jogger in New York City's Central
11 Park; and
12 "WHEREAS, Slowly, and with an inner
13 strength of unimaginable proportions, Patricia
14 Meili charted a course to reclaim her life.
15 But hers is not a story in the singular, it is
16 one of many, for she has used her experience
17 to give voice to millions of others who have
18 survived the odds and championed adversity;
19 and
20 "WHEREAS, Through her elegant
21 selflessness and brave honesty, Patricia Meili
22 has inspired within all of us a renewed sense
23 of hope and possibility. For this, we are all
24 made better people; and
25 "WHEREAS, Founded in 1983 by Dick
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1 Traum, the Achilles Track Club is an
2 international organization dedicated to
3 helping disabled people partake in athletic
4 activities. Patricia Meili serves as
5 chairwoman of its board of directors; and
6 "WHEREAS, Three years ago, she
7 conceived of an event that would rejoice in
8 the human spirit, a high-profile and visible
9 indicia of her and the Achilles Track Club's
10 unwavering commitment to empowering the
11 disabled community; and
12 "WHEREAS, This event, the Annual
13 Hope & Possibility 5 Mile Run/Walk, is more
14 than an athletic exercise, it is a celebration
15 of life, a statement of strength and a chorus
16 of collective community energy as abled-bodied
17 and challenged men, women and children come
18 together in one unified voice of hope and
19 possibility; and
20 "WHEREAS, The Third Annual Hope &
21 Possibility 5 Mile Run/Walk takes place on
22 Sunday, June 26, 2005. Its participants hail
23 from across America and all over the world --
24 members of the New York City police and fire
25 departments, advocates from the disability
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1 community, the children who comprise Achilles
2 kids, and the After-School All Stars; our war
3 veterans, the heroes and heroines of America;
4 mothers, fathers, supporters and friends, and,
5 of course, one famous jogger, Patricia Meili;
6 and
7 "WHEREAS, Let New York and America
8 stand in solidarity with Patricia Meili and
9 the courageous participants of the Third
10 Annual Hope & Possibility 5 Mile Run/Walk, for
11 these men, women and children are worthy of
12 our highest respect and esteem; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to honor
16 Patricia Meili and to commemorate the Annual
17 Hope & Possibility 5 Mile Run/Walk; and be it
18 further
19 "RESOLVED, that a copy of this
20 resolution, suitably engrossed, be transmitted
21 to Patricia Meili."
22 THE PRESIDENT: Senator Paterson.
23 SENATOR PATERSON: Thank you,
24 Madam President.
25 THE PRESIDENT: You're welcome.
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1 SENATOR PATERSON: It is my
2 distinct honor, above even the other times
3 I've been honored, to speak before this
4 chamber in support of this resolution honoring
5 Patricia Meili, whose name was not known to
6 many of us for years but who was commonly
7 referred to as the "Central Park Jogger."
8 In mid-April of 1989, while on an
9 evening jog through the park, she was attacked
10 and suffered severe, major brain injuries and
11 other unsettling injuries as a result of this
12 action. She was taken to Metropolitan
13 Hospital; her brain swelled to twice its size.
14 We won't go into the particulars of the
15 devastation of this trauma, but just to say
16 that after a very long, long convalescence and
17 a lot of hard work, she was able to transpose
18 herself from victim to survivor.
19 She was a person who was looked
20 upon by residents of the City of New York as
21 one who had conquered one of the most
22 insufferable tragedies and actually turned it
23 into an experience that was spiritual and
24 shared by many.
25 She joined the Achilles Track Club,
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1 which is the running track club for the
2 disabled, and completed the New York City
3 Marathon in 1994. At her side, and at her
4 side today, is the executive director of the
5 Achilles Track Club, Dick Traum.
6 And in 2003, she went back into the
7 park to run around the park, six miles, which
8 is one lap around the park, in what she coined
9 the Race for Hope & Possibility, in which, as
10 is described in the resolution, many others
11 joined, including myself.
12 However, that was my first year
13 serving as leader of this body. And because
14 Senator Skelos and Senator Bruno and so many
15 people here made me work during the months of
16 April, May, and June when I should have been
17 practicing, though I ran in the New York City
18 Marathon in 1999, I found those six miles the
19 most torturous of my life. And in addition to
20 Ms. Meile's great achievements was the fact
21 that, for the last mile of that race, she
22 carried a state senator across the finish
23 line.
24 Now, on Sunday, June 26th, the
25 third anniversary of the Race for Hope &
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1 Possibility will occur.
2 Patricia Meili and Dick Traum have
3 also gone to Washington to visit our injured
4 and disabled as a result of the wars in Iraq
5 and Afghanistan. They have created a
6 five-mile run for those, even those who are in
7 wheelchairs or on crutches, a five-mile race
8 for them. It has demonstrated their
9 willingness and desire to continue their
10 lives, their dedication and perseverance
11 against the injuries that they suffered
12 defending our country overseas.
13 One year after the September 11th
14 tragedy, they organized a race around the
15 Ground Zero area, again, to try to ameliorate
16 some of the pain and some of the uncertainty
17 that arose from that attack on this country
18 just four years ago.
19 These two individuals have
20 distinguished themselves and have really
21 demonstrated what can happen when people start
22 to look at who we are and what we are and what
23 we actually can be.
24 In an NBC special aired last year
25 on the life and the travails of Patricia
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1 Meili, she talked at one point about the
2 double tragedy. The double tragedy refers to
3 the fact that in 2002, the district attorney's
4 office of New York County exonerated five
5 individuals who were convicted for attacking
6 Ms. Meile when a sixth individual came forward
7 whose DNA was the match for the attacker and
8 who had committed other offenses in the area
9 at the same time that were never reported
10 because they were on the New York City Police
11 Department's sex crimes unit log and not on
12 the homicide unit log where Ms. Meile's case
13 was.
14 This unfortunate second tragedy led
15 to the incarceration of five young people who
16 had nothing to do with the attack on
17 Ms. Meile. And her ability to fight through
18 the pain and anguish to revisit the original
19 incident in which she was at the time a
20 victim, to actually demonstrate that kind of
21 compassion and sympathy for the young men and
22 their families, again bears witness to the
23 tremendous character and the seemingly
24 unparalleled way in which she has affected so
25 many people around the State of New York and
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1 particularly those who live in the City of
2 New York.
3 Now a resident of Connecticut,
4 Ms. Meile continues her work as chair of the
5 Achilles Track Club board and as a contributor
6 and an advocate for many causes, including
7 those of major brain injury and those of women
8 who are victims of rape and other serious
9 attacks.
10 So there are very few times that we
11 in this chamber are able to recognize and to
12 spend a moment to thank an individual such as
13 this, who it would be well understood if they
14 just had gone on to the rest of their life and
15 celebrated it in privacy, for them to come out
16 time and time again to help those who have
17 been afflicted as they have been and to help
18 those who have been disabled or injured in the
19 prospect of their lives.
20 So it is my distinct pleasure, and
21 I hope all of yours, to recognize Ms. Meile at
22 this time.
23 And I took the liberty of
24 volunteering to Dick Traum that we would all
25 run the New York City Marathon this year in
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1 November. And I think that right after this
2 week, we all better start training. I can see
3 that a few who will be in the front of the
4 line might need to get out there and run
5 around a little bit. But please know that
6 every scientific experiment conducted
7 demonstrates the more people run, the more
8 intelligent they become. So certainly this
9 chamber could take advantage of that.
10 But in the midst of all that, and
11 with deepest sincerity, I would like to thank
12 Patricia Meili for all that she's done and
13 would like to welcome her to the New York
14 State Senate.
15 Thank you.
16 THE PRESIDENT: Senator Balboni.
17 SENATOR BALBONI: Madam
18 President, so many times in this chamber we
19 focus on the deeds and actions of the
20 criminals of our society -- the savages, the
21 animals, the people who would prey on those
22 who are vulnerable and unprotected.
23 And yet oftentimes as a society we
24 move on, and we never remember the forgotten,
25 the victims, the folks who have to carry on
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1 with their lives.
2 It's really appropriate, Senator
3 Paterson, and I'd like to thank you for
4 inviting this guest today, who I think
5 personifies for so many of us the strength of
6 character that can come from one individual
7 who's supported by an community, but does so
8 in anonymity.
9 And we want to tell you that you
10 are an inspiration to all of us. So many
11 people, who if they had suffered what you have
12 suffered, might not have gone on.
13 And it's great to be able to have
14 you here today, looking so fit and continuing
15 to do what you love, what you were doing at
16 the time of the horrible attack, run. It's a
17 great exercise. You're a great person. This
18 is a wonderful opportunity for us.
19 Thank you, Madam President.
20 THE PRESIDENT: Senator
21 Stachowski.
22 SENATOR STACHOWSKI: Madam
23 President, I too rise to just add a few words
24 to this resolution.
25 And earlier I had the opportunity
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1 to have lunch with Patricia and with Dick.
2 And one of the things they pointed out, and
3 David brushed by it because he had so much to
4 say, was that they had visited some of the
5 injured veterans.
6 And 75 of those injured veterans
7 are going to run in this race for hope. And
8 not only are they physically injured veterans,
9 there's some of them that are brain-injured.
10 And part of the purpose of Ms. Meile's work
11 now is to promote help for major traumatic
12 brain injury.
13 And that seems to be one of the
14 unknown injuries coming out of these wars,
15 more so than out of previous wars, because
16 these men are surviving because of the
17 equipment they have, but they're also
18 incurring brain injuries. Which they can't
19 show up on x-rays unless they have brain
20 swelling, and they have major effects on your
21 life and on your existence. And sometimes
22 they go unnoticed. And I think it's very
23 important that they've reached out to them.
24 And as Senator Paterson mentioned
25 in his remarks, that runners become more
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1 intelligent, there are also some studies that
2 are showing that people that have had brain
3 injuries, if they can start to exercise again,
4 they get more recuperative advantages from
5 that. And so that if they were runners and
6 start running again, it's very helpful to
7 them. And it's not something they're
8 proposing to test, they already have some
9 tests where people that were injured have done
10 this.
11 So I think that it's real important
12 to make a second note of the fact that these
13 veterans are participating. And it's a
14 wonderful aspect that they reached out, the
15 Achilles Truck Club and these two individuals
16 reached out to these veterans to get them
17 involved and give them hope and show them
18 that, you know, as most people find when you
19 first get injured, you lack a sense of -- that
20 you're never going to be same and things might
21 not work out for you.
22 But by people that are dealing with
23 injury come in and show you hope, I think it
24 gives those veterans hope. And for that, I
25 too would like to mention that and add that to
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1 something that makes us also proud and glad
2 that we have this resolution to support.
3 THE PRESIDENT: Does any other
4 member wish to be heard?
5 The question, then, is on the
6 resolution. 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 resolution is
12 adopted.
13 And you have our very best and
14 sincere wishes for continued success. You
15 deserve every bit of it.
16 Best wishes.
17 (Standing ovation.)
18 THE PRESIDENT: Senator
19 Fuschillo.
20 SENATOR FUSCHILLO: Madam
21 President, will you please recognize Senator
22 Paterson.
23 THE PRESIDENT: Senator Paterson.
24 SENATOR PATERSON: Oh, Madam
25 President, this is the part where Senator
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1 Fuschillo wants me to open it up so that all
2 the members can be on the resolution. And
3 I'll open it to all the members who will be
4 there on Sunday to run 5 miles, 6 miles for
5 hope and possibility.
6 (Laughter.)
7 SENATOR PATERSON: And since you
8 can't lie about the future, I'll open it up
9 and let's have all the members on the
10 resolution. Thank you.
11 THE PRESIDENT: Any member who
12 does not wish to cosponsor the last resolution
13 please notify the desk.
14 Senator Fuschillo.
15 SENATOR FUSCHILLO: Madam
16 President, will you please return to reports
17 of standing committees. I believe there's a
18 report of the Judiciary Committee at the desk.
19 THE PRESIDENT: Reports of
20 standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator
23 DeFrancisco, from the Committee on Judiciary,
24 reports the following nominations.
25 As a judge of the Court of Claims,
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1 Margaret Lillian Clancy, of
2 Hastings-on-Hudson.
3 THE PRESIDENT: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: Thank you,
6 Madam President. I rise to move the
7 nomination of Margaret Lillian Clancy as a
8 judge of the Court of Claims.
9 We have several motions of the same
10 sort, all for reappointments to the Court of
11 Claims.
12 The committee, prior to the
13 committee meeting, thoroughly reviewed her
14 qualifications. She appeared before the
15 Judiciary Committee and was unanimously
16 approved for submission to the full Senate on
17 the nomination. And I would move that
18 nomination.
19 Senator Spano, her Senator, was
20 hoping to be here. He's in several meetings
21 that are going one at a time and very, very
22 slowly, unfortunately. So I would, on his
23 behalf, just talk a little bit about her
24 qualifications.
25 She has been a Court of Claims
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1 judge since June of 2000 and served in the
2 Criminal Division. Before that time, she was
3 the chief of the Frauds Bureau of the New York
4 County District Attorney's Office, then was,
5 before that, the chief of the Special
6 Prosecutions Bureau, the deputy chief of the
7 Trial Bureau.
8 And her career is always the chief.
9 She was always the chief of one bureau or
10 another, and has shown her great
11 qualifications in the area of criminal law.
12 So I'm very pleased to move her
13 nomination and recommend her confirmation by
14 the Senate.
15 THE PRESIDENT: The question now
16 is on the nomination of Margaret Lillian
17 Clancy as a judge of the Court of Claims. All
18 in favor please signify by saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: The nominee is
23 hereby confirmed.
24 She is here with her husband,
25 Steven Standiford, and her daughters, Emily
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1 and Catherine Standiford.
2 Congratulations, and every best
3 wish for success.
4 (Applause.)
5 THE PRESIDENT: The Secretary
6 will continue to read.
7 THE SECRETARY: As a judge of the
8 Court of Claims, Robert Joseph Collini, of
9 Staten Island.
10 THE PRESIDENT: Senator
11 DeFrancisco.
12 SENATOR DeFRANCISCO: I also rise
13 to move the nomination of Robert Joseph
14 Collini, of Staten Island.
15 He also had his qualifications
16 thoroughly reviewed. He appeared before the
17 committee, and his nomination was unanimously
18 approved to be sent to the full Senate.
19 And I would request that you please
20 call on Senator Marchi to second the
21 nomination.
22 THE PRESIDENT: Senator Marchi.
23 SENATOR MARCHI: Well, I'm
24 pleased to add my name here.
25 I might add, Madam President, that
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1 this morning -- or this afternoon, I'll be
2 suffering from an embarrassment of riches.
3 There are several more coming up, and these
4 people are incredible. They're awfully good.
5 And it's with great pleasure that I
6 start out with Robert J. Collini, with a
7 Bachelor of Arts in political science, Phi
8 Beta Kappa, Regents diploma from Xaverian High
9 School in Brooklyn. Probably I'm embarrassed
10 because, you know, some of this stuff, I
11 enjoyed some of the same privileges.
12 But he's had so many here that I'm
13 very, very proud to forward his nomination.
14 New York State Civil and Military Affairs
15 Detachment, captain; Kings County Criminal Bar
16 Association; Small Claims in Richmond County
17 and Kings County. Affiliations: Juvenile
18 Diabetes Research Foundation, U.S. Army War
19 College, Republican County Committee. And it
20 goes on and on.
21 He was born in Vicenza, Italy, a
22 city that I know well. Probably I remember it
23 better than he does. But in any event, he's
24 married, and they have an 18-year-old
25 daughter.
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1 And his record is studded with
2 interesting sidelights and accomplishments
3 during his academic and professional career.
4 So I'm very happy to second this nomination.
5 THE PRESIDENT: The question now
6 is on the nomination of Robert Joseph Collini,
7 of Staten Island, as a judge of the Court of
8 Claims. All in favor please signify by saying
9 aye.
10 (Response of "Aye.")
11 THE PRESIDENT: Opposed, nay.
12 (No response.)
13 THE PRESIDENT: The nominee is
14 hereby confirmed.
15 He is here this afternoon with his
16 wife, Ann, and his daughter, Victoria.
17 Best wishes and congratulations,
18 Judge.
19 (Applause.)
20 THE PRESIDENT: The Secretary
21 will continue to read.
22 THE SECRETARY: As a judge of the
23 Court of Claims, Alan L. Honorof, of Mineola.
24 THE PRESIDENT: Senator
25 DeFrancisco.
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1 SENATOR DeFRANCISCO: I again
2 rise to move the nomination of a reappointment
3 to the Court of Claims, Alan L. Honorof.
4 He also had his qualifications
5 thoroughly reviewed. He appeared before the
6 full committee and was unanimously voted to
7 have his nomination forwarded to the full
8 Senate.
9 I would call on Senator Balboni to
10 second the nomination.
11 THE PRESIDENT: Senator Balboni.
12 SENATOR BALBONI: Yes, Madam
13 President. I have the opportunity and
14 privilege to speak on behalf of a good friend.
15 It's so nice when we see people who
16 come up through the ranks and who have
17 developed an expertise in certain areas of the
18 law but, when they ascend to the bench, don't
19 forget where they come from. They're always
20 available to people who would ask their advice
21 on things, treat litigants fairly and
22 competently and, frankly, are somebody who we
23 all look to as providing the right type of
24 persona for someone who would ascend to the
25 bench.
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1 And, Madam President, I know as an
2 excellent jurist in your own right you
3 appreciate those kinds of qualities in these
4 nominees.
5 I wish the judge many years of
6 success as he goes forward, and I am proud to
7 second this nomination.
8 Thank you, Madam President.
9 THE PRESIDENT: The question now
10 is on the nomination of Alan L. Honorof, of
11 Mineola, as a judge of the Court of Claims.
12 All in favor please signify by saying aye.
13 (Response of "Aye.")
14 THE PRESIDENT: Opposed, nay.
15 (No response.)
16 THE PRESIDENT: The nominee is
17 hereby confirmed.
18 He is here today with his friend
19 Martha Rohl.
20 Congratulations and best wishes,
21 Judge.
22 (Applause.)
23 THE PRESIDENT: The Secretary
24 will continue to read.
25 THE SECRETARY: As a judge of the
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1 Court of Claims, Richard C. Kloch, Sr., of
2 North Tonawanda.
3 THE PRESIDENT: Senator
4 DeFrancisco.
5 SENATOR DeFRANCISCO: I again
6 rise to move the nomination of Richard C.
7 Kloch, also a reappointment for the Court of
8 Claims.
9 The committee thoroughly reviewed
10 his qualifications. He appeared before the
11 Judiciary Committee and was unanimously
12 referred to the full Senate.
13 I would call on the Honorable
14 George Maziarz to second the nomination.
15 THE PRESIDENT: Senator Maziarz.
16 SENATOR MAZIARZ: Thank you very
17 much, Madam President. Thank you, Senator
18 DeFrancisco.
19 Madam President, it is with a great
20 deal of honor that I stand up to second the
21 nomination of my very good friend Judge
22 Richard Kloch.
23 I had the occasion just this last
24 week, Madam President, to speak to a woman who
25 was the mother of a crime victim. This mother
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1 of an 8-year-old little girl was very
2 skeptical, going into the criminal justice
3 system, that her daughter would receive fair
4 and good treatment. But she said to me one
5 thing that I think is very memorable, that she
6 didn't expect good things but, when she went
7 into court in front of Judge Kloch, not only
8 were her expectations met, but they were
9 exceeded. That Judge Kloch was extremely
10 fair, he was generous, and he really helped
11 very much in putting her daughter on the road
12 to recovery.
13 Richard has served very well as a
14 city court judge, as corporation counsel for
15 the City of North Tonawanda. He's joined here
16 today by his wife, Ellie, and his beautiful
17 little daughter Richelle, who's hiding because
18 she's embarrassed. And I know that his other
19 children could not be here today, Richard and
20 Bob and Sara, but I know that they are very
21 proud, as well they should be, of their
22 father.
23 And sadly, of course, not here in
24 person but here in spirit, and I'm sure most
25 meaningful to Richard, the fact that his mom
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1 and dad are here in spirit. They are as proud
2 of you today, Richard, as they were back in
3 November of 1977 when you were first elected
4 to public office. And both of us have come a
5 long way since November of '77, Richard.
6 Thank you, Madam President.
7 THE PRESIDENT: Senator Rath.
8 SENATOR RATH: Thank you, Madam
9 President.
10 I would like to add my seconding to
11 Senator Maziarz's seconding for Judge Kloch.
12 In our neighboring counties of Niagara and
13 Erie, everyone knows everyone. All the bench
14 and all the bar, everyone knows who is who,
15 and everyone is always very cognizant of when
16 someone is being elevated.
17 And as Judge Kloch has come along,
18 everyone been so very pleased to have him in
19 his position, because he does put a face on
20 justice, as Senator Maziarz said, a kindly
21 face, a face that's thoughtful, backed up by
22 wisdom, and a true professional spirit.
23 So congratulations. We're very
24 happy for you, Judge.
25 THE PRESIDENT: Senator Maziarz.
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1 SENATOR MAZIARZ: Madam
2 President, continuing on my nomination, and at
3 the urging of my colleagues over here in this
4 row, I should have noted, just for the record,
5 that last November, 6 1/2, 7 months ago, Judge
6 Kloch actually performed the marriage ceremony
7 of myself and my wife.
8 Thank you, Madam President.
9 (Applause.)
10 THE PRESIDENT: That's grounds
11 for congratulations all the way around.
12 Any other member wish to be heard?
13 Then the question, now, is on the
14 nomination of Richard C. Kloch, Sr., of North
15 Tonawanda, as a judge of the Court of Claims.
16 All in favor please signify by saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The nominee is
21 hereby confirmed.
22 And we wish you the very best and
23 continued success, Judge.
24 (Applause.)
25 THE PRESIDENT: The Secretary
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1 will continue to read.
2 THE SECRETARY: As a judge of the
3 Court of Claims, Dan Lamont, of Cobleskill.
4 THE PRESIDENT: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: I again
7 rise to move the nomination of Dan Lamont as a
8 reappointment to the Court of Claims.
9 His qualifications were determined
10 to be in line with those required of a Court
11 of Claims judge, and it far exceeded them,
12 quite frankly. He appeared before the
13 committee, and the committee unanimously voted
14 to move his nomination to the full floor.
15 I would request that, Madam
16 President, you recognize Senator Seward to
17 second the nomination.
18 THE PRESIDENT: Senator Seward.
19 SENATOR SEWARD: Well, thank you,
20 Senator DeFrancisco and Madam President.
21 It's indeed both a personal and
22 professional privilege to rise to second the
23 nomination of Judge Dan Lamont to continue on
24 the New York State Court of Claims.
25 Judge Lamont is a graduate of
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1 Hamilton College and Albany Law School. And
2 after a stint as an Assistant Attorney General
3 under Attorney General Lefkowitz, and serving
4 our country in the United States Navy as a
5 counsel, trial counsel, he went back to
6 Cobleskill, in Schoharie County, to set up a
7 private practice, and in 1978 was elected the
8 Schoharie County judge, which also includes
9 the Surrogate Court and Family Court judge.
10 We call that a three-hatted judge in our area.
11 So Judge Lamont had 17 years'
12 experience hearing all kinds of cases in all
13 three of those courts in Schoharie County.
14 And in 1995, Governor Pataki nominated Judge
15 Lamont to sit on the Court of Claims, and he
16 has done so very admirably these last ten
17 years. So I'm very, very pleased to rise to
18 second his confirmation here today.
19 I might add that public service
20 runs in the Lamont family. His wife, Beth,
21 happens to be on my staff in Schoharie County,
22 and his son Seth is counsel to our Senate
23 Insurance Committee in my office.
24 Also joining the judge in the
25 gallery is another daughter, who happens to be
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1 an attorney as well, Katherine, and her
2 husband Darrell Teal.
3 Their other two children, Wendy and
4 Sarah, I know are here in spirit and very,
5 very proud of their father as well.
6 So, Madam President, I'm very, very
7 pleased to second this nomination. The
8 Governor once again has made an outstanding
9 choice in Judge Dan Lamont.
10 THE PRESIDENT: Senator Breslin.
11 SENATOR BRESLIN: Thank you,
12 Madam President.
13 Although Judge Lamont lives in
14 Schoharie County, he generally presides in
15 Albany County, in my jurisdiction. And he's
16 been a great mentor to my younger brother Tom,
17 who is the county court judge in Albany. And
18 among lawyers that I talk to in Albany County,
19 Dan has the highest -- the highest -- record
20 of excellence among judges, including members
21 of my family as well.
22 So I also commend the Governor for
23 this choice 10 years ago. I look forward to
24 seeing Dan on the bench for many, many more
25 years to come.
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1 Thank you.
2 THE PRESIDENT: The question now
3 is on the nomination of Dan Lamont, of
4 Cobleskill, as a judge of the Court of Claims.
5 All in favor please signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The nominee is
10 hereby confirmed.
11 He is here with his wife,
12 Elizabeth; his son, Seth; and his daughter and
13 son-in-law, Katherine and Darrell Teal.
14 And before I congratulate you, I
15 want to say how pleased I am and honored to be
16 here presiding when my friend and former
17 colleague Judge Lamont is confirmed for
18 another 10 years, at least.
19 In my years as district attorney,
20 he presided over some of my cases -- quite
21 fairly, I might add -- and I got to know him
22 quite well when I served on the bench in
23 Albany County with him.
24 It's a wonderful day. You deserve
25 this. And I'd like to emphasize that not only
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1 is he dedicated to his job, but to his family.
2 You have a wonderful family. I'm pleased to
3 see them here with you today. And I think
4 that has enabled you, your reflection on the
5 work that you do shows your dedication to
6 family and community.
7 Best wishes, Dan -- Judge. Good
8 luck and congratulations.
9 (Applause.)
10 THE PRESIDENT: The Secretary
11 will continue to read.
12 THE SECRETARY: As a judge of the
13 Court of Claims, Joseph J. Maltese, of Staten
14 Island.
15 THE PRESIDENT: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: This is the
18 second of the third of Senator Marchi's, or
19 43 percent of the nominees today are from
20 Senator Marchi's district.
21 (Laughter.)
22 SENATOR DeFRANCISCO: I don't
23 know that that has anything to do with
24 seniority.
25 But I rise to move the nomination
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1 of Joseph J. Maltese, of Staten Island. His
2 qualifications were thoroughly reviewed. He
3 appeared before the committee, and we
4 unanimously recommended confirmation before
5 the full Senate.
6 I'd request that you again
7 recognize Senator Marchi.
8 THE PRESIDENT: Senator Marchi,
9 once again.
10 SENATOR MARCHI: Thank you very
11 much, Madam President.
12 Joseph Malt-ehs-eh, I should say --
13 and that's the way I pronounce it, being a
14 fairly strong Roman.
15 But in any event, he has a
16 brilliant background. He was military judge,
17 U.S. Army Trial Judiciary. He's been special
18 assistant for U.S. Attorney for the Middle
19 District, Tennessee and Western Kentucky. He
20 represented the United States government in
21 the prosecution of the United States Code.
22 And if I read everything that was
23 in here, it's just studded with opportunities
24 and very difficult assignments that were
25 processed by him. Counsel to the Supreme
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1 Court Appellate Division, Second Department.
2 Represented residents of psychiatrically and
3 developmentally disabled persons in court
4 proceedings.
5 And the list goes on and on. An
6 instructor of law in a number of places --
7 New York Law School, Fordham University School
8 of Law, St. John's University School of Law.
9 New York State judicial seminars.
10 New York State Bar Association. Practicing
11 Law Institute. St. John's University. Wagner
12 College. And the list goes on and on of --
13 including a jurist doctorate title that was
14 given to him -- New York University Graduate
15 School of Arts and Sciences, University of
16 Nevada in Reno. University of -- Touro
17 College, Master of Science of forensic
18 examination.
19 It's rife with -- brigadier general
20 of the New York Guard, colonel of the New York
21 Guard, lieutenant colonel. He served in all
22 of those capacities. Outstanding jurist.
23 Distinguished Citizenship Award from the
24 American Legion. Outstanding citizenship from
25 the Order of the Sons of Italy. Distinguished
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1 Alumnus Award. Phi Beta Kappa Honor Society.
2 And it just goes on and on, and
3 replete with recognition of his professional,
4 his social and his participation in the
5 betterment of the community.
6 So I don't know why we command so
7 much of the best talent in the State of
8 New York down in Staten Island, but they
9 themselves deserve a wealth of recognition.
10 And he moves on to greater
11 responsibilities, and we all of us feel very
12 confident that he will give a good account of
13 himself.
14 THE PRESIDENT: The question,
15 then, is on the nomination of Joseph J.
16 Maltese, of Staten Island, as a judge of the
17 Court of Claims. All in favor please signify
18 by saying aye.
19 (Response of "Aye.")
20 THE PRESIDENT: Opposed, nay.
21 (No response.)
22 THE PRESIDENT: The nominee is
23 hereby confirmed.
24 Congratulations and best wishes,
25 Judge.
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1 (Applause.)
2 THE PRESIDENT: The judge is
3 accompanied by his law clerk, Anthony Ruffini,
4 an important part of the team, as I well know.
5 Best wishes to all of you.
6 The Secretary will continue to
7 read.
8 THE SECRETARY: As a judge of the
9 Court of Claims, Stephen J. Rooney, of Staten
10 Island.
11 THE PRESIDENT: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: I rise to
14 move the nomination of Stephen J. Rooney, of
15 Staten Island, for reappointment to the Court
16 of Claims.
17 His qualifications were determined
18 to be in accordance with those required by
19 that position, and far exceeding that. The
20 committee, at the Judiciary Committee meeting,
21 unanimously voted to refer his nomination to
22 the full Senate.
23 And again, I'd like to request that
24 you recognize Senator Marchi for the
25 seconding. And I'm looking forward to the
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1 Italian pronunciation of "Rooney."
2 (Laughter.)
3 THE PRESIDENT: Senator Marchi.
4 SENATOR MARCHI: Well, thank you.
5 Gee, I hope there's something in
6 there for you too. I've been blessed by an
7 embarrassment of riches this afternoon.
8 And Stephen J. Rooney, well, I have
9 to be very careful with him. His wife is my
10 special law counsel for all purposes while I'm
11 up here. So if I've made mistakes, they're
12 mine, my creation. But she weaves her magic,
13 and in his case it's been done splendidly.
14 He's been assistant district
15 attorney of Richmond County, assistant
16 district attorney also of New York County, is
17 a first lieutenant of the Signal Corps. He
18 has a fantastic legislative, educational and
19 professional training: Albany Law School,
20 Georgetown University. Member of many bar
21 associations. Georgetown University Alumni
22 Admissions Committee. Judge of the Brooklyn
23 Law School Moot Court. St. Joseph Hill School
24 mock trial. St. Vincent Medical Center of
25 Richmond, special fundraising committee.
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1 Indeed, his whole background is
2 studded with remarkable achievements that have
3 been chalked up to his credit. And he is -- I
4 know him very well, because he is the husband
5 of a valued collaborator in the work that we
6 do here in Albany.
7 And I'm very happy to endorse for
8 renomination to an office that he has served
9 so well, and I do this with the greatest pride
10 and the greatest pleasure.
11 Thank you, Madam President.
12 THE PRESIDENT: Thank you,
13 Senator.
14 On the question of the nomination
15 of Stephen J. Rooney, of Staten Island, as a
16 judge of the Court of Claims, all in favor
17 please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The nominee is
22 hereby confirmed.
23 And he's here with his wife,
24 Kathryn.
25 Congratulations, Judge. Best
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1 wishes.
2 (Applause.)
3 THE PRESIDENT: Senator
4 Fuschillo.
5 SENATOR FUSCHILLO: Madam
6 President, could we please have an immediate
7 meeting of the Rules Committee in the Majority
8 Conference Room.
9 THE PRESIDENT: There will be an
10 immediate meeting of the Rules Committee in
11 the Majority Conference Room.
12 Senator Fuschillo.
13 SENATOR FUSCHILLO: Thank you,
14 Madam President. Could we please return to
15 motions and resolutions, and please recognize
16 Senator Farley.
17 THE PRESIDENT: I'll be very
18 happy to.
19 Senator Farley, I'm pleased to
20 recognize you.
21 SENATOR FARLEY: I was going to
22 pawn these off, because I've got to go to
23 Rules, but I'll do them.
24 On behalf of Senator Skelos, Madam
25 President, I wish to call up his bill, Print
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1 Number 484A, which was recalled from the
2 Assembly and it's now at the desk.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: Calendar Number
6 149, by Senator Skelos, Senate Print 484A, an
7 act to amend the Education Law.
8 SENATOR FARLEY: I now move to
9 reconsider the vote by which this bill 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 FARLEY: Madam President,
15 I now offer the following amendments.
16 THE PRESIDENT: The amendments
17 are received.
18 SENATOR FARLEY: Madam President,
19 on behalf of our Acting Majority Leader,
20 Senator Fuschillo, I wish to call up his bill,
21 4040, which was recalled from the Assembly and
22 it's now at the desk.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 911, by Senator Fuschillo, Senate Print 4040,
2 an act to amend the Retirement and Social
3 Security Law.
4 SENATOR FARLEY: Madam President,
5 I now move to reconsider the vote by which
6 this bill passed.
7 THE PRESIDENT: The Secretary
8 will call the roll upon reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 SENATOR FARLEY: I now offer the
12 following amendments.
13 THE PRESIDENT: The amendments
14 are received.
15 SENATOR FARLEY: Madam President,
16 on behalf of Senator Marchi, I wish to call up
17 his bill, 2235, which was recalled from the
18 Assembly and it's now at the desk.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: Calendar Number
22 1193, by Senator Marchi, Senate Print 2235, an
23 act to amend the Public Authorities Law.
24 SENATOR FARLEY: I now move to
25 reconsider the vote by which this bill passed.
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1 THE PRESIDENT: The Secretary
2 will call the roll upon reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 SENATOR FARLEY: I now offer the
6 following amendments.
7 THE PRESIDENT: The amendments
8 are received.
9 SENATOR FARLEY: On behalf of
10 Senator Nozzolio, Madam President, I wish to
11 call up his bill, 1323A, recalled from the
12 Assembly, which is now at the desk.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 655, by Senator Nozzolio, Senate Print 1323A,
17 an act to amend the Correction Law.
18 SENATOR FARLEY: Madam President,
19 I now move to reconsider the vote by which
20 this bill passed.
21 THE PRESIDENT: The Secretary
22 will call the roll upon reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 SENATOR FARLEY: I now offer the
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1 following amendments.
2 THE PRESIDENT: The amendments
3 are received.
4 SENATOR FARLEY: On behalf of
5 Senator Skelos, Madam President, I wish to
6 call up his bill, 479, recalled from the
7 Assembly, which is now at the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 94, by Senator Skelos, Senate Print 479, an
12 act to amend the Penal Law and others.
13 SENATOR FARLEY: Madam President,
14 I now move to reconsider the vote by which
15 this bill passed.
16 THE PRESIDENT: The Secretary
17 will call the roll upon reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 SENATOR FARLEY: I now offer the
21 following amendments.
22 THE PRESIDENT: The amendments
23 are received.
24 SENATOR FARLEY: Madam President,
25 amendments are offered to the following Third
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1 Reading Calendar bills:
2 Senator Marcellino, page 5,
3 Calendar 62, Senate Print 891A;
4 Senator Nozzolio, page 6, Calendar
5 127, Senate Print 1973A;
6 Senator Nozzolio, on page 15,
7 Calendar 478, Senate Print 1567A;
8 Senator Maltese, on page 18,
9 Calendar Number 589, Senate Print 4173;
10 Senator DeFrancisco, on page 29,
11 Calendar Number 867, Senate Print 4854;
12 Senator Balboni, on page 32,
13 Calendar 927, Senate Print 4286;
14 Senator Golden, on page 38,
15 Calendar 1054, Senate Print 2210A;
16 Senator Skelos, on page 40,
17 Calendar Number 1098, Senate Print 1999A;
18 Senator Seward, on page 42,
19 Calendar Number 1148, Senate Print 4096;
20 Senator Golden, on page 43,
21 Calendar Number 1178, Senate Print 4089A;
22 Senator Morahan, on page 49,
23 Calendar Number 1304, Senate Print 4877A;
24 And on behalf of Senator Skelos, on
25 page 51, Calendar Number 1395, Senate Print
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1 4708A.
2 Madam President, I move that these
3 bills retain their place on the Third Reading
4 Calendar.
5 THE PRESIDENT: The amendments
6 are received, and the bills will retain their
7 place on the Third Reading Calendar.
8 Senator Seward.
9 SENATOR SEWARD: Yes, Madam
10 President. On behalf of Senator Flanagan, on
11 page number 41 I offer the following
12 amendments to Calendar Number 1131, Senate
13 Print Number 5109A, and ask that the bill
14 retain its place on the Third Reading
15 Calendar.
16 THE PRESIDENT: The amendments
17 are received, and the bill will retain its
18 place on the Third Reading Calendar.
19 SENATOR SEWARD: Also, Madam
20 President, on page 50, on behalf of Senator
21 LaValle, I offer the following amendments to
22 Calendar Number 1314, Senate Print Number
23 2862A, and ask that that bill retain its place
24 on the Third Reading Calendar.
25 THE PRESIDENT: The amendments
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1 are received, and that bill will also retain
2 its place on the Third Reading Calendar.
3 SENATOR SEWARD: Thank you.
4 THE PRESIDENT: Senator Diaz.
5 SENATOR DIAZ: Thank you, Madam
6 President. I wish to call up my bill, Print
7 Number 2234, recalled from the Assembly, which
8 is now at the desk.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 1407, by Senator Diaz, Senate Print 2234, an
13 act to amend the Agriculture and Markets Law
14 and others.
15 SENATOR DIAZ: Madam President, I
16 now move to reconsider the vote by which this
17 bill was passed.
18 THE PRESIDENT: The Secretary
19 will call the roll upon reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 SENATOR DIAZ: Madam President, I
23 now offer the following amendments.
24 THE PRESIDENT: The amendments
25 are received.
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1 Senator Meier.
2 SENATOR MEIER: Thank you, Madam
3 President.
4 On behalf of Senator Volker, on
5 page 22, I offer the following amendments to
6 Calendar Number 717, Senate Print 1628A, and
7 ask that said bill retain its place on the
8 Third Reading Calendar.
9 THE PRESIDENT: The amendments
10 are received, and the bill will retain its
11 place on the Third Reading Calendar.
12 SENATOR MEIER: Madam President,
13 on behalf of Senator DeFrancisco, on page
14 number 42, I offer the following amendments to
15 Calendar Number 1172, Senate Print 4845A, and
16 ask that said bill retain its place on the
17 Third Reading Calendar.
18 THE PRESIDENT: The amendments
19 are received, and the bill will retain its
20 place on the Third Reading Calendar.
21 SENATOR MEIER: Madam President,
22 on behalf of Senator Young, on page number 52,
23 I offer the following amendments to Calendar
24 Number 1487, Senate Print 568A, and ask that
25 said bill retain its place on the Third
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1 Reading Calendar.
2 THE PRESIDENT: The amendments
3 are received, and the bill will retain its
4 place on the Third Reading Calendar.
5 SENATOR MEIER: Madam President,
6 on behalf of Senator Marcellino, on page 22, I
7 offer the following amendments to Calendar
8 Number 706, Senate Print 4471A, and ask that
9 said bill retain its place on the Third
10 Reading Calendar.
11 THE PRESIDENT: The amendments
12 are received, and that bill will retain its
13 place on the Third Reading Calendar.
14 SENATOR MEIER: Thank you, Madam
15 President.
16 THE PRESIDENT: You're welcome.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Thank you,
19 Madam President. Are there any substitutions
20 at the desk?
21 THE PRESIDENT: Yes, there are.
22 SENATOR FUSCHILLO: If you would
23 please make them.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: On page 4,
2 Senator Maltese moves to discharge, from the
3 Committee on Rules, Assembly Bill Number 1491
4 and substitute it for the identical Senate
5 Bill Number 272, Third Reading Calendar 19.
6 On page 16, Senator Fuschillo moves
7 to discharge, from the Committee on Rules,
8 Assembly Bill Number 5733B and substitute it
9 for the identical Senate Bill Number 2602B,
10 Third Reading Calendar 543.
11 On page 27, Senator Bonacic moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 8286 and substitute it
14 for the identical Senate Bill Number 4327,
15 Third Reading Calendar 814.
16 On page 33, Senator Farley moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 7056A and substitute it
19 for the identical Senate Bill Number 4029A,
20 Third Reading Calendar 943.
21 On page 42, Senator Balboni moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 1377C and substitute it
24 for the identical Senate Bill Number 936B,
25 Third Reading Calendar 1146.
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1 On page 46, Senator Balboni moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 4457 and substitute it
4 for the identical Senate Bill Number 3576,
5 Third Reading Calendar 1241.
6 On page 48, Senator LaValle moves
7 to discharge, from the Committee on Rules,
8 Assembly Bill Number 6069A and substitute it
9 for the identical Senate Bill Number 3322A,
10 Third Reading Calendar 1281.
11 On page 50, Senator Maltese moves
12 to discharge, from the Committee on Rules,
13 Assembly Bill Number 7518 and substitute it
14 for the identical Senate Bill Number 4738,
15 Third Reading Calendar 1316.
16 On page 53, Senator Bonacic moves
17 to discharge, from the Committee on Rules,
18 Assembly Bill Number 6977A and substitute it
19 for the identical Senate Bill Number 618A,
20 Third Reading Calendar 1530.
21 On page 54, Senator Flanagan moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 7061A and substitute it
24 for the identical Senate Bill Number 5627,
25 Third Reading Calendar 1560.
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1 On page 54, Senator Johnson moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 8770 and substitute it
4 for the identical Senate Bill Number 5647,
5 Third Reading Calendar 1564.
6 And on page 25, Senator Spano moves
7 to discharge, from the Committee on Rules,
8 Assembly Bill Number 6800A and substitute it
9 for the identical Senate Bill Number 4027,
10 Third Reading Calendar 780.
11 THE PRESIDENT: Substitutions
12 ordered.
13 Senator Fuschillo.
14 SENATOR FUSCHILLO: Madam
15 President, can the Senate stand at ease
16 pending the return of the report of the Rules
17 Committee.
18 THE PRESIDENT: The Senate stands
19 at ease.
20 SENATOR FUSCHILLO: Thank you,
21 Madam President.
22 (Whereupon, the Senate stood at
23 ease at 4:20 p.m.)
24 (Whereupon, the Senate reconvened
25 at 4:27 p.m.)
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1 ACTING PRESIDENT MEIER: Senator
2 Fuschillo.
3 SENATOR FUSCHILLO: Mr.
4 President, can we have some order in the
5 chambers.
6 Mr. President, if we can return to
7 the order of reports of standing committees, I
8 believe there's a pending report of the Rules
9 Committee at the desk.
10 ACTING PRESIDENT MEIER: Reports
11 of standing committees.
12 The Secretary will read the report
13 of the Rules Committee.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, reports the
16 following bills:
17 Senate Print 945A, by Senator
18 Brown, an act to authorize the City of Niagara
19 Falls;
20 2495, by Senator Padavan, an act to
21 amend the Agriculture and Markets Law;
22 3025A, by Senator Morahan, an act
23 to amend the Vehicle and Traffic Law;
24 3598, by Senator Maziarz, an act to
25 amend Chapter 511 of the Laws of 1995;
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1 3815, by Senator Golden, an act to
2 amend the Administrative Code of the City of
3 New York;
4 4696, by Senator Golden, an act to
5 amend the Administrative Code of the City of
6 New York;
7 4737B, by Senator Maltese, an act
8 to amend the Public Officers Law;
9 5005B, by Senator Wright, an act to
10 amend the Penal Law;
11 5031, by Senator Golden, an act to
12 amend the Executive Law;
13 5090, by Senator Leibell, an act to
14 amend the Public Health Law;
15 5287, by the Senate Committee on
16 Rules, an act to amend the Tax Law;
17 5314, by Senator Larkin, an act to
18 amend the Retirement and Social Security Law;
19 5426, by the Senate Committee on
20 Rules, an act to amend the General Municipal
21 Law;
22 5460, by the Senate Committee on
23 Rules, an act to amend Chapter 401 of the Laws
24 of 2002;
25 5465A, by Senator Golden, an act to
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1 amend the Real Property Tax Law;
2 5643, by Senator Meier, an act to
3 amend the Retirement and Social Security Law;
4 5644, by Senator Saland, an act to
5 amend Chapter 524 of the Laws of 1987;
6 5655A, by Senator Spano, an act to
7 amend the Tax Law;
8 5664, by Senator Little, an act to
9 amend Chapter 444 of the Laws of 1997;
10 5678, by Senator Alesi, an act to
11 amend the Tax Law;
12 5683, by Senator DeFrancisco, an
13 act to dedicate;
14 5688, by Senator Libous, an act to
15 amend the Education Law;
16 5696, by Senator Saland, an act to
17 authorize;
18 5705, by the Senate Committee on
19 Rules, an act to amend the Tax Law;
20 5729, by Senator Bruno, an act to
21 establish;
22 5745A, by Senator Volker, an act
23 authorizing the County of Erie;
24 And Senate Print 5805, by Senator
25 Meier, an act to amend the Family Court Act
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1 and others.
2 All bills ordered direct to third
3 reading.
4 ACTING PRESIDENT MEIER: Senator
5 Fuschillo.
6 SENATOR FUSCHILLO: Move to
7 accept the report of the Rules Committee.
8 ACTING PRESIDENT MEIER: All
9 those in favor of accepting the report of the
10 Rules Committee signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT MEIER: Those
13 opposed, nay.
14 (No response.)
15 ACTING PRESIDENT MEIER: The
16 report of the Rules Committee is accepted.
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: Mr.
19 President, could we have the reading of the
20 noncontroversial calendar.
21 ACTING PRESIDENT MEIER: The
22 Secretary will conduct the noncontroversial
23 reading of the calendar.
24 SENATOR FUSCHILLO: Thank you,
25 Mr. President.
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1 THE SECRETARY: Calendar Number
2 32, by Senator LaValle, Senate Print 165A, an
3 act to amend the Vehicle and Traffic Law and
4 the State Finance Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 49, by Member of the Assembly Pheffer,
17 Assembly Print Number 3494A, an act to amend
18 the General Business Law.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 60th day.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58. Nays,
2 1. Senator Meier recorded in the negative.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 58, by Senator LaValle, Senate Print 559B, an
7 act in relation to free association libraries
8 and permits.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58. Nays,
17 1. Senator Fuschillo recorded in the
18 negative.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 190, by Senator Saland, Senate Print 317A, an
23 act to amend the Education Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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1 THE SECRETARY: Section 5. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 250, by Senator Saland --
11 SENATOR SCHNEIDERMAN: Lay it
12 aside.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 379, by Member of the Assembly Crouch,
17 Assembly Print Number 4454B, an act to amend
18 the Village Law and the Public Officers Law.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 529, by Senator Winner, Senate Print 3154A, an
6 act to amend the General Municipal Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first of July.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 672, by Senator Skelos, Senate Print 3898B, an
19 act authorizing the assessor of the County of
20 Nassau.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 746, by Senator Balboni, Senate Print 4496A,
8 an act to amend the Executive Law and the
9 Agriculture and Markets Law.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 786, by Senator Farley, Senate Print 4390A, an
22 act to amend the Tax Law.
23 ACTING PRESIDENT MEIER: There is
24 a local fiscal impact note at the desk.
25 Read the last section.
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1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 58. Nays,
7 1. Senator Valesky recorded in the negative.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 807, by Senator Meier, Senate Print 2741A, an
12 act to amend the Public Authorities Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 846, by Senator Meier, Senate Print 4060A, an
25 act to amend the Family Court Act and the
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1 Social Services Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 9. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 870, by Senator DeFrancisco, Senate Print
14 5223A, an act to amend the Family Court Act.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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4430
1 887, by Senator Padavan, Senate Print 3914B,
2 an act to amend the Penal Law and others.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 7. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 888, by Senator DeFrancisco, Senate Print
16 4019, an act to amend the Civil Practice Law
17 and Rules.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of January.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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4431
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 904, by Senator DeFrancisco, Senate Print
5 4842A, an act to amend the Civil Practice Law
6 and Rules.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 943, substituted earlier today by Member of
19 the Assembly Tonko, Assembly Print Number
20 7056A, an act to authorize the County of
21 Schenectady.
22 ACTING PRESIDENT MEIER: There is
23 a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 944, by Senator Fuschillo, Senate Print 4087A,
10 an act authorizing the Bethel Christian
11 Church.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 949, Senator Skelos moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 7451A and substitute it
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1 for the identical Senate Bill Number 4517A,
2 Third Reading Calendar 949.
3 ACTING PRESIDENT MEIER:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 949, by Member of the Assembly Weisenberg,
8 Assembly Print Number 7451A, an act to
9 authorize Young Israel of Hewlett.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 950, Senator Skelos moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 7450A and substitute it
24 for the identical Senate Bill Number 4556A,
25 Third Reading Calendar 950.
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4434
1 ACTING PRESIDENT MEIER:
2 Substitution ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 950, by Member of the Assembly Weisenberg,
6 Assembly Print Number 7450A, an act to amend
7 Chapter 564 of the Laws of 2004.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: In relation to
19 Calendar Number 960, Senator LaValle moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 7467B and substitute it
22 for the identical Senate Bill Number 5162B,
23 Third Reading Calendar 960.
24 ACTING PRESIDENT MEIER:
25 Substitution ordered.
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4435
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 960, by Member of the Assembly Thiele,
4 Assembly Print Number 7467B, an act to
5 authorize the Independent Group Home Living
6 Program, Inc.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect --
11 SENATOR FUSCHILLO: Lay it aside
12 temporarily.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside temporarily.
15 The Secretary will read Calendar
16 960.
17 THE SECRETARY: Calendar Number
18 960, substituted earlier by Member of the
19 Assembly Thiele, Assembly Print Number 7467B,
20 an act to authorize.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 961, by Senator LaValle, Senate Print 5163, an
8 act to authorize.
9 SENATOR FUSCHILLO: Lay it aside
10 temporarily.
11 ACTING PRESIDENT MEIER: Lay the
12 bill aside temporarily.
13 THE SECRETARY: Calendar Number
14 1016, by Senator Balboni, Senate Print 4985A,
15 an act to amend the General Business Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 60th day.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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4437
1 THE SECRETARY: Calendar Number
2 1022, by Senator Skelos, Senate Print 4097A,
3 an act to amend the Real Property Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1030, by Senator Spano, Senate Print 3743D, an
16 act to amend the Penal Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first of
21 November.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1068, by Senator Fuschillo, Senate Print 4686,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the same date and in
10 the same manner as a chapter of the Laws of
11 2005.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1093, by Senator Meier, Senate Print 5069, an
20 act to amend the Social Services Law.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 120th day.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1102, by Senator Winner, Senate Print 3415A,
8 an act to authorize the County of Schuyler.
9 ACTING PRESIDENT MEIER: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1111, by Senator Skelos, Senate Print 4644A,
22 an act authorizing the assessor of the County
23 of Nassau.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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4440
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1127, by Senator Leibell, Senate Print 5224A,
11 an act to amend the Public Authorities Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1135, by Senator LaValle, Senate Print 2864B,
24 an act to amend the Education Law.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 12. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1231, by Senator Golden, Senate Print 5153A,
12 an act to amend the Retirement and Social
13 Security Law and others.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 20. This
17 act shall take effect at the beginning of the
18 first payroll period following 60 days.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1291, by Member of the Assembly Magee,
2 Assembly Print Number 7931, an act to
3 authorize the Village of Vernon.
4 ACTING PRESIDENT MEIER: There is
5 a home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1331, by Senator Balboni, Senate Print 186B --
17 SENATOR FUSCHILLO: Lay it aside
18 temporarily.
19 ACTING PRESIDENT MEIER: Lay the
20 bill aside temporarily.
21 THE SECRETARY: Calendar Number
22 1348, by Senator Skelos, Senate Print 3713A,
23 an act to amend the Criminal Procedure Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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4443
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1348 are
8 Senators Dilan, Duane, L. Krueger and
9 Montgomery.
10 Ayes, 55. Nays, 4.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 SENATOR FUSCHILLO: Mr.
14 President.
15 ACTING PRESIDENT MEIER: Senator
16 Fuschillo.
17 SENATOR FUSCHILLO: Can we please
18 return to Calendar Number 1111 and move to
19 reconsider the vote by which the bill was
20 passed.
21 ACTING PRESIDENT MEIER: The
22 Secretary will read Calendar 1111.
23 THE SECRETARY: Calendar Number
24 1111, by Senator Skelos, Senate Print 4644A,
25 an act authorizing.
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4444
1 ACTING PRESIDENT MEIER: Call the
2 roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT MEIER: Senator
6 Fuschillo.
7 SENATOR FUSCHILLO: Lay it aside
8 temporarily.
9 ACTING PRESIDENT MEIER: Lay the
10 bill aside temporarily.
11 THE SECRETARY: Calendar Number
12 1350, by Senator Little, Senate Print 4069B,
13 an act to amend the Public Officers Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1397, by Senator DeFrancisco, Senate Print
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4445
1 4855B, an act to amend the Civil Practice Law
2 and Rules.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1425, by Senator Maziarz, Senate Print 5468B,
15 an act to amend the Vehicle and Traffic Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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4446
1 THE SECRETARY: Calendar Number
2 1482, by Senator Winner, Senate Print 5552, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1490, by Senator Farley --
16 SENATOR FARLEY: Lay it aside for
17 the day, please.
18 ACTING PRESIDENT MEIER: Lay the
19 bill aside for the day.
20 THE SECRETARY: Calendar Number
21 1517, by Senator Meier, Senate Print 5381A, an
22 act to amend the Tax Law.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1519, by Member of the Assembly Glick,
10 Assembly Print Number 8492A, an act to amend
11 the Social Services Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1528, by Senator Hassell-Thompson, Senate
24 Print 5610, an act to amend Chapter 183 of the
25 Laws of 2002.
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4448
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1530, substituted earlier today by Member of
13 the Assembly Gunther, Assembly Print Number
14 6977A, an act to amend the Executive Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1536, by Senator Farley, Senate Print 4677A,
2 an act to amend the Banking Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on 90th day.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1557, by Senator Larkin, Senate Print 5615 --
15 SENATOR SCHNEIDERMAN: Lay it
16 aside.
17 ACTING PRESIDENT MEIER: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 1558, by Senator Larkin, Senate Print 5616, an
21 act to amend the Domestic Relations Law.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1559, by Senator Volker, Senate Print 5622, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 30th day.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1560, substituted earlier today by Member of
22 the Assembly Christensen, Assembly Print
23 Number 7061A, an act to amend the State
24 Administrative Procedure Act.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1564, substituted earlier today by the
12 Assembly Committee on Rules, Assembly Print
13 Number 8770, an act to amend the Environmental
14 Conservation Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1566, by --
2 SENATOR FUSCHILLO: Lay it aside
3 for the day.
4 ACTING PRESIDENT MEIER: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 1568, by Senator Bruno, Senate Print 5669A, an
8 act to amend the Real Property Tax Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1569, by the Senate Committee on Rules, Senate
21 Print Number 5672, an act to amend the
22 Administrative Code of the City of New York.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect July 1, 2005.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1572, by Senator Robach, Senate Print 1613, an
10 act to amend the Penal Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1575, by Senator Padavan, Senate Print 24 --
24 SENATOR SCHNEIDERMAN: Lay it
25 aside.
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1 ACTING PRESIDENT MEIER: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 1576, by Senator Fuschillo, Senate Print 2471,
5 an act to amend the Penal Law.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first of
10 November.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1578, by Senator Winner, Senate Print 2617A,
19 an act to amend the Real Property Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1587, by Senator Alesi, Senate Print --
7 SENATOR SCHNEIDERMAN: Lay it
8 aside.
9 ACTING PRESIDENT MEIER: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1594, by Senator Padavan, Senate Print 5457A,
13 an act to authorize the Commissioner of
14 General Services.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1601, by Senator Rath, Senate Print 5607, an
2 act to amend the Real Property Tax Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1602, by Senator Padavan, Senate Print 5620,
15 an act to amend the Real Property Tax Law.
16 SENATOR SCHNEIDERMAN: Lay it
17 aside.
18 ACTING PRESIDENT MEIER: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 1603, by Senator Flanagan, Senate Print 5624,
22 an act to amend the Mental Hygiene Law.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 8. This
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1 act shall take effect on the 180th day.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59. Nays,
6 1. Senator Duane recorded in the negative.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 The Secretary will read Calendar
10 961.
11 THE SECRETARY: In relation to
12 Calendar Number 961, Senator LaValle moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 7468 and substitute it
15 for the identical Senate Bill Number 5163,
16 Third Reading Calendar 961.
17 ACTING PRESIDENT MEIER:
18 Substitution ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 961, by Member of the Assembly Thiele,
22 Assembly Print Number 7468, an act to
23 authorize the Independent Group Home Living
24 Program, Inc.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 Senator Fuschillo, that completes
11 the noncontroversial reading of the calendar.
12 SENATOR FUSCHILLO: Mr.
13 President, will you please call up Senator
14 Balboni's bill, Calendar Number 1331.
15 ACTING PRESIDENT MEIER: The
16 Secretary will read Calendar 1331.
17 THE SECRETARY: Calendar Number
18 1331, by Senator Balboni, Senate Print 186B,
19 an act to amend the General Business Law.
20 SENATOR BALBONI: Mr. President.
21 ACTING PRESIDENT MEIER: Senator
22 Balboni, why do you rise?
23 SENATOR BALBONI: Mr. President,
24 the bill is currently being negotiated with
25 the Attorney General's office and the State
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1 Assembly. Therefore, I would request that the
2 bill be laid aside for the day.
3 ACTING PRESIDENT MEIER: Lay the
4 bill aside for the day.
5 SENATOR BALBONI: Thank you.
6 SENATOR FUSCHILLO: Mr.
7 President, will you please recognize Senator
8 DeFrancisco.
9 ACTING PRESIDENT MEIER: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: Yes, I'd
12 just like to note for the record that there
13 were four bills, I was out of chambers when
14 they were voted on on Thursday, June 16th:
15 Calendar 826, which is Senate Print 3158B;
16 Senate 1239, Senate Print 1750; Calendar 1540,
17 Senate Print 5270; and Calendar 1555, Senate
18 Print 5605.
19 Had I been present, I would have
20 voted in favor of all those bills.
21 ACTING PRESIDENT MEIER: The
22 record will so note.
23 Senator Fuschillo.
24 SENATOR FUSCHILLO: Mr.
25 President, will you please call up Calendar
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1 Number 1111.
2 ACTING PRESIDENT MEIER: The
3 Secretary will read Calendar 1111.
4 THE SECRETARY: In relation to
5 Calendar Number 1111, Senator Skelos moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 7549A and substitute it
8 for the identical Senate Bill Number 4644A,
9 Third Reading Calendar 1111.
10 ACTING PRESIDENT MEIER:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1111, by Member of the Assembly Weisenberg,
15 Assembly Print Number 7549A, an act
16 authorizing the assessor of the County of
17 Nassau.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 Senator Fuschillo.
4 SENATOR FUSCHILLO: Mr.
5 President, may we please have the reading of
6 the controversial calendar, starting with
7 Calendar Number 250.
8 ACTING PRESIDENT MEIER: The
9 Secretary will conduct the controversial
10 reading of the calendar, starting with
11 Calendar 250.
12 The Secretary will ring the bell.
13 Senator Fuschillo.
14 SENATOR FUSCHILLO: Mr.
15 President, will you please take up Senator
16 Saland's bill.
17 ACTING PRESIDENT MEIER: The
18 Secretary will read Calendar 250.
19 THE SECRETARY: Calendar Number
20 250, by Senator Saland, Senate Print 477, an
21 act to amend the Social Services Law.
22 SENATOR SCHNEIDERMAN:
23 Explanation.
24 ACTING PRESIDENT MEIER: Senator
25 Saland, Senator Schneiderman has requested an
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1 explanation with regard to Calendar 250.
2 SENATOR SALAND: Thank you, Mr.
3 President.
4 Mr. President, this is a bill that
5 we initially saw in this chamber some three
6 years ago. At that time this bill then, as it
7 does now, was intended to deal with several
8 issues. One of those issues was the reporting
9 of incidents of clergy abuse and certainly
10 concern about the institutional lack of
11 willingness seemingly existing at that time to
12 deal with those issues.
13 But more importantly than that,
14 this bill was intended to expand protection
15 for children from abuse from really virtually
16 any and all sources.
17 And in the closing days of that
18 session we, by way of a three-way agreement,
19 came to closure, only to find an hour later
20 that, due to objections by certain advocacy
21 groups, including Planned Parenthood and the
22 Civil Liberties Union, that something called
23 the high-school sweethearts situation, in
24 which a teenage young woman or girl might find
25 that due to the reporting requirements in that
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1 bill -- which basically required that there be
2 no confidentiality where in fact there was an
3 act of child abuse that had occurred, where
4 there was reason to believe that that act was
5 in fact a crime -- there was a duty to report
6 imposed upon all mandated reporters, including
7 clergy, found under I believe it's Section
8 413.
9 And at that point, as was reported,
10 the desire to avoid this chilling effect on
11 young people's willingness to report to --
12 that's a poor choice of word here -- to be
13 seen by or visit with a counselor, we
14 attempted to create a construct that avoided
15 that problem. And I was quoted in several
16 newspapers at that time saying if that's the
17 problem, it's readily resolvable.
18 And there were folks representing
19 at least one gentleman, whose name escapes me
20 right now, who was the vice president of
21 Planned Parenthood, who was quoted as saying
22 there was no hidden agenda, basically it's a
23 high-school sweetheart problem.
24 Well, the first iteration of this
25 bill as amended created something called a
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1 person in position of authority. That was
2 unacceptable to the Assembly. That person in
3 a position of authority would have included
4 members of the clergy, would have included a
5 host of other people who, by reason of their
6 position, their vocation, their perceived
7 authority, would reasonably expect to have
8 some degree of disciplinary authority and a
9 position of trust involving a child.
10 And we required that were such a
11 person in fact engaged in some criminal act of
12 abuse, that their -- notwithstanding
13 confidentiality, that that would have to be
14 reported. That was deemed objectionable.
15 And then in the past year, in an
16 effort to try and deal with some of the
17 objections that the Assembly and others had
18 raised, we made this age-sensitive.
19 So what we have said in this bill
20 is that the duty to report by a mandated
21 reporter occurs where -- and this is all on
22 page 3 of the bill -- a mandated reporter is
23 required to report or cause to be reported to
24 an appropriate law agency where they have
25 reasonable cause to believe, in their
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1 professional or official capacity, that a
2 child who's 13 years or younger has been the
3 victim of a crime, a sexual abuse or child
4 abuse crime caused by someone who's 19 years
5 or older, or that the person who has abused in
6 some criminal fashion as defined in this bill,
7 that young person is 21 years or older and the
8 child is 16 years or younger.
9 There is no conceivable way -- or
10 let me say there is little if any conceivable
11 way that the high-school sweetheart situation,
12 which was the alleged source of the difficulty
13 in closing this deal some three years ago,
14 exists under this construct.
15 This bill basically elevates, as it
16 should, the primacy of the concern for the
17 well-being of children. I have said time and
18 again on this floor one of the major
19 responsibilities of society, of government, is
20 to provide for public safety among the most
21 vulnerable, those who can least protect
22 themselves, our children.
23 This bill says, first and foremost,
24 it's society's obligation to protect children,
25 children who are being abused by people
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1 considerably older than they are; children,
2 for instance, under the first construct who
3 would be a grade-school student, someone who's
4 a kindergartener, first-grader, second-grader,
5 third-grader, fourth-grader, fifth-grader,
6 sixth-grader, perhaps a seventh- or
7 eighth-grader.
8 We then go on to say that where
9 somebody -- for instance, a scout leader, who
10 may be, would be an adult, an older person; a
11 coach, again, a young adult, an older
12 person -- abuses a child in some criminal way,
13 that that too would require reporting by the
14 otherwise mandated reporter.
15 The simple fact of the matter is,
16 is that there's no privilege in Family Court
17 matters when a child has been abused -- and
18 we're talking a child generally of tender
19 years -- there's no reason why there should be
20 some cloak of secrecy that protects the
21 perpetrator, who may well be a serial
22 offender, may well be somebody who preys on
23 children.
24 And if in fact he or she is merely
25 a first-time offender and that child -- and I
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1 say "merely" facetiously, with my tongue
2 firmly planted in my cheek -- and that child
3 is 6, 7, 8, 9, or 10 years old, what social
4 purpose is served by protecting the
5 perpetrator by saying that the reporter should
6 not have the privilege waived?
7 That's basically what the essence
8 of this bill is about. It's about the
9 battleground over at what point does privilege
10 exceed the importance of protecting children.
11 Is it more important to protect the
12 territories of those who profess to be
13 interested in the well-being of children, or
14 is it more important to protect those children
15 and not preserve some seemingly sacred and, I
16 would offer, perhaps sanctimonious pretense of
17 being concerned about the well-being of
18 children? The simple matter of fact is, this
19 is about the well-being of children.
20 Thank you, Mr. President.
21 ACTING PRESIDENT MEIER: Senator
22 Savino.
23 SENATOR SAVINO: Yes, would the
24 sponsor yield for a couple of questions.
25 ACTING PRESIDENT MEIER: Senator
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1 Saland, do you yield for a question?
2 SENATOR SALAND: Certainly, Mr.
3 President.
4 ACTING PRESIDENT MEIER: The
5 sponsor yields.
6 SENATOR SAVINO: Thank you.
7 Having been a mandated reporter
8 myself in the past, I'm fairly familiar with
9 what mandated reporters do, who they're
10 required to report to, and what categories
11 they're required to report on. So the
12 expansion of this to members of the clergy I
13 think is long overdue.
14 I received several calls from
15 advocates, not -- beyond family planning and
16 beyond the usual suspects. Particularly, NASW
17 was most concerned about this. And when I
18 read the bill originally -- I know this is a
19 long question -- I couldn't understand what
20 their opposition was. Quite honestly, it
21 appeared to me we were expanding this to
22 include members of the clergy. And as I said,
23 it's long overdue.
24 But they pointed out a couple of
25 things in the bill that they felt could
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1 actually get in the way of delivering services
2 to teenagers, children who are seeking counsel
3 and/or assistance. So I'm going to pose a
4 couple of hypotheticals, and perhaps you can
5 clear this up.
6 If you're a caseworker and you have
7 assigned to your caseload a teenager, a young
8 girl who is under the age of 16, and she
9 reports to you that she is having a sexual
10 relationship, an inappropriate sexual
11 relationship with someone over the age of 19,
12 would this new bill, would it require that
13 caseworker to report to law enforcement that
14 relationship?
15 SENATOR SALAND: No. Unless that
16 person over the age of 19 was a coach, her
17 boss, who might be taking advantage of her as
18 an employee, there would not be an obligation
19 to report.
20 Let me also suggest to you, I would
21 venture I've probably handled more of these
22 cases than anybody in this chamber. I've
23 handled any number of these cases, and I'm
24 well familiar -- and I thought my first one
25 would be my last one, because it was just so
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1 far and horrific.
2 SENATOR SAVINO: Another
3 hypothetical. If I'm a social worker in
4 private practice and I am treating a young
5 person and he or she confides to me of a
6 relationship, in the context of that
7 therapeutic session, a relationship that under
8 the law could be considered illegal, would I
9 then be required to violate confidentiality
10 between myself and my client and report it to
11 law enforcement?
12 SENATOR SALAND: It would depend
13 upon whether you had reason to believe
14 whatever the relationship was amounted to a
15 crime, in your professional opinion, believed
16 that it was a crime, and whether the victim or
17 your patient -- your client, excuse me, was
18 either 13 or younger and the person whom she
19 spoke about was 19 or older or whether she was
20 16 or younger and the person was 21 years or
21 older or whether she was handicapped.
22 SENATOR SAVINO: And the same
23 thing would --
24 ACTING PRESIDENT MEIER: Senator
25 Savino, are you requesting Senator Saland to
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1 continue to yield?
2 SENATOR SAVINO: I'm sorry, yes.
3 Through you, Mr. President.
4 ACTING PRESIDENT MEIER: Senator
5 Saland, do you continue to yield?
6 SENATOR SALAND: Yes, Mr.
7 President.
8 ACTING PRESIDENT MEIER: The
9 Senator yields.
10 SENATOR SAVINO: Would this also
11 apply to healthcare providers? If I was a
12 nurse and/or a doctor or a healthcare
13 practitioner --
14 SENATOR SALAND: It would apply
15 to all of the mandated reporters that are laid
16 out in Section 413.
17 SENATOR SAVINO: On the bill, Mr.
18 President.
19 ACTING PRESIDENT MEIER: Senator
20 Savino, on the bill.
21 SENATOR SAVINO: Thank you.
22 I'm going to support this bill. I
23 think it's the right direction that we move to
24 expand this category of mandated reporters to
25 members of the clergy.
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1 But I would like to say, for the
2 record, that I reflect some of the concerns
3 that the members of the NASW, teachers, family
4 planning advocates and healthcare providers
5 have when they feel that there's going to be
6 an added burden on them to violate the
7 confidentiality that they have to develop with
8 young people, particularly young people, so
9 that they can come to them and feel safe in
10 providing information to them.
11 Now, I understand that
12 Assemblymember McEneny has a similar bill. It
13 does not have this added requirement. And I
14 would hope that as we go forward before the
15 end of the session, we can resolve the
16 differences between those two and come out of
17 this with a bill that will expand members of
18 the clergy to the status of mandated reporters
19 and protect the confidentiality and service
20 provision to the children that we're trying to
21 protect.
22 Thank you.
23 ACTING PRESIDENT MEIER: Senator
24 Duane.
25 SENATOR DUANE: Thank you, Mr.
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1 President. On the bill, please.
2 ACTING PRESIDENT MEIER: Senator
3 Duane, on the bill.
4 SENATOR DUANE: Thank you.
5 I actually welcome this
6 opportunity, because I wanted to clarify
7 something that happened on this floor that was
8 perhaps misinterpreted. And if,
9 Mr. President, you'll indulge me with a little
10 bit of leeway on it, I will get to the point
11 of why this is germane to the bill.
12 There was an incident where a
13 bishop came and said a prayer -- which was not
14 the issue that I wanted to raise in particular
15 at that time on the floor. The issue was that
16 that particular bishop remained on the floor
17 while we were conducting Senate business.
18 And it doesn't make any difference
19 to me whether it's a member of the clergy or
20 it's, for that matter, a trial attorney or
21 another lobbyist. I objected to a lobbyist
22 being on the floor while Senate business was
23 being conducted. There being a reason that we
24 call lobbyists lobbyists; they're supposed to
25 be in the lobby.
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1 And just as a further -- a lot of
2 controversy developed around that, and I think
3 my reasons for the objection were
4 misinterpreted at that time. And I do want to
5 reference also that a member of my staff, who
6 was the victim of clergy abuse, since that
7 time has actually met with Bishop Hubbard and
8 they've broken bread together. So there has
9 been some progress on reconciliation on that
10 issue.
11 I do, though, think it's important
12 to not just address the issue of lobbyists
13 being on the floor but also what happens in
14 terms of lobbying in general and how there are
15 big problems with our campaign finance laws,
16 which I hope I'll get a moment to address at
17 another point.
18 That said, I think you'll hear from
19 some of my colleagues other reasons why they
20 may not be able to support this bill. But I
21 do want to just talk about, as I did in the
22 past, a couple of the glaring problems with
23 this bill, the first being that the bill only
24 requires clergy to release records of abuse
25 dating back 20 years or less. So that would
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1 be 1985.
2 And yet we know that the scandal
3 and the tragedy of clergy abuse extends back
4 much further, and we also know that records on
5 that have been kept back further than that.
6 And we also know that there are those still
7 alive today who have knowledge of reports that
8 may have been made and incidents of clergy
9 abuse. And what this bill would do is make it
10 so that those records would never have to be
11 disclosed and those people, those members of
12 the clergy who have knowledge of abuse, would
13 not have to come forward and talk about what
14 it is that they knew had happened in the past.
15 And then the other issue -- and
16 I've spoken on, and people can go back and
17 look at the record on this, of other reasons
18 why I object to this bill. But again, one of
19 the most bizarre parts of this legislation is
20 that if a clergy member is deceased, then even
21 if the abuse happened within the past
22 20 years, if the clergy member is deceased,
23 the information doesn't have to be disclosed.
24 And what that does is deny someone who has
25 been victimized by a clergy member from having
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1 confirmation that it happened.
2 And I would venture to say that
3 while oftentimes we read accounts that have to
4 do with trying to enact monetary relief on the
5 issue of clergy abuse, perhaps the more
6 important thing to those who are victims of
7 clergy abuse is recognition that it happened,
8 confirmation that it happened. And so just in
9 two incidents, from the way this bill is
10 crafted, if the clergy member is deceased or
11 if the bias abuse happened more than 20 years
12 ago, we would have no access to that
13 information and the victim would have no
14 confirmation of what happened.
15 And again, if we are ever to really
16 deal with this issue, we have to have an
17 acknowledgment that some of the cases occurred
18 with members of the clergy who are now
19 deceased. Or, for that matter, what the
20 church often does, what the Catholic Church
21 does is it takes them out of active duty, if
22 you will, which means that they are not
23 responsible for their records.
24 But if the abuse happened more than
25 20 years ago, if the clergy member is
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1 deceased, the victim then is denied the
2 ability to get confirmation from another
3 source that what happened to them in fact can
4 be recognized and put on the record. And that
5 is, I believe, the most important thing.
6 I think that a lot of the lawsuits
7 and the discussion around money has to do with
8 the denial of abuse having happened. And that
9 there could be a much greater chance for
10 reconciliation, a much greater chance of these
11 terrible and tragic lawsuits happening if
12 there was recognition by those in authority of
13 the clergy and if there was confirmation of
14 the abuse that happened. Only then will the
15 victims really get any of the peace that they
16 deserve after years of denial of the terrible
17 thing that happened to them.
18 So those are a couple of the
19 reasons why again I'll be voting no on this
20 bill, Mr. President. And thank you very much.
21 ACTING PRESIDENT MEIER: Senator
22 Liz Krueger.
23 SENATOR LIZ KRUEGER: Thank you,
24 Mr. President. On the bill.
25 Well, I think this is perhaps the
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1 third year -- I may be wrong -- that we're
2 debating this bill, which puts me in the
3 quandary of I support half the bill, I support
4 the bill -- the sections of the bill that
5 address the problem we thought we were trying
6 to address in this house; that is, reporting
7 of clergy abuse by adding members of the
8 clergy to the list of professionals who have
9 to report and have to be reported on.
10 And in fact, there are many good
11 arguments for Senator Saland's bill. And
12 actually, my colleague Diane Savino already
13 covered some of those issues.
14 And yet we still find ourselves
15 with a bill that attempts to make changes in
16 other categories of social service law and
17 reporting that in fact result in it being a
18 bill that unfortunately -- and I do say
19 unfortunately -- I can't support. Because I
20 want to support, I want to support this bill.
21 I want to address the problems of reporting
22 child abuse.
23 But I also don't want to create
24 laws in the State of New York that will result
25 in young people being afraid to go and speak
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1 to healthcare professionals -- doctors,
2 nurses, counselors -- in confidentiality, in
3 such a way that they won't get the information
4 they need, they won't get the counselling or
5 advice they need, they won't get the
6 healthcare they need. And instead we will
7 bury problems rather than bringing them to the
8 surface and helping those young people.
9 And I don't believe Senator Saland
10 intends to do that, because I know that he
11 wants the right things in this legislation.
12 He wants us to stop abuse of children. He
13 wants to have people who are guilty of sex
14 crimes to be reported in and to be moved
15 through the criminal justice system. And I
16 don't believe he wants to discourage young
17 people and teenagers from seeking out
18 healthcare and counseling.
19 But unfortunately, the way the bill
20 is written, we are still in a situation that
21 if this becomes the law -- and it is still my
22 understanding that we still don't have a
23 two-house agreement because of equal concerns
24 in the Assembly about the second section of
25 this bill -- that because of the way the bill
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1 is written, teenagers, who won't read our
2 bills, they don't read the law before they
3 make decisions about whether they seek out
4 help from doctors and nurses and counselors or
5 go to a sex ed program or a reproductive
6 health organization or go to learn about safe
7 sex or explore being HIV-tested if they think
8 they're at risk when they've been sexually
9 active -- they don't read the legislation.
10 They don't understand the fine
11 details between what should and shouldn't
12 categorize as a report. They don't
13 necessarily follow the differences between
14 their definition of a sexually consenting
15 relationship, even if it's wrong and they
16 should be counseled against it and their
17 families should be brought into it and
18 potentially the police should be brought into
19 it, they don't separate out those issues as we
20 define them in the law.
21 What will happen if this becomes
22 the law in New York State is that sexually
23 active young people will not go and get help.
24 They won't go to doctors, they won't go to
25 nurses, they won't go to reproductive health
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1 programs, they won't seek out birth control,
2 they won't learn about safe sex. Because what
3 they will know, what they will hear is that
4 somebody's 20-year-old boyfriend with a
5 16-year-old girlfriend ended up being arrested
6 by the police on statutory rape. And they
7 won't do the analysis of, well, that wasn't my
8 situation or that wasn't their situation.
9 They'll just hear that if you go for help and
10 you've been sexually active and you're a
11 teenager, that it's potentially possible that
12 you or whoever you've been having a
13 relationship with can get visited by the
14 police.
15 And that's not what we mean to do.
16 I know that is not the intention of Senator
17 Saland. But again, the way this bill is
18 written this year, as it was written in the
19 past, that will be the result or the perceived
20 result by teenagers throughout New York State.
21 And so as much as I want to pass a
22 bill that finally implements clergy reporting,
23 as much as I want to ensure that the State of
24 New York does everything it can to stop abuse
25 of young people by adults in positions of
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1 trust, I can't ignore the very articulate
2 memos by people like the Family Planning
3 Advocates, the NYCLU, Planned Parenthood of
4 New York, the teachers of New York, the
5 New York State Coalition Against Domestic
6 Violence, the NASW of New York, and the
7 New York State Coalition Against Sexual
8 Assault. These groups are experts, not only
9 in trying to stop sexual abuse of young
10 people, but of understanding the difference
11 between legislation that sounds right in a
12 headline and legislation that does right or
13 doesn't do right when it's implemented into
14 law.
15 So unfortunately, I will continue
16 my objections to this legislation and vote no,
17 as disappointed as I am that we can't separate
18 these two issues, move forward with a bill to
19 address clergy reporting and then come back to
20 a discussion about what we should be doing in
21 other changes to social services law,
22 mandatory reporting, the differences between
23 dealing with the reports to the child abuse
24 hotline and reports in to the police.
25 I was so hoping this year would be
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1 the year we would finally separate the two
2 issues, move forward with both in a rational
3 way, but apparently we won't. And I'll be
4 voting no.
5 Thank you, Mr. President.
6 ACTING PRESIDENT MEIER: Any
7 other Senator wish to be heard on the bill?
8 Senator Schneiderman.
9 SENATOR SCHNEIDERMAN: Thank you,
10 Mr. President. Very briefly on the bill.
11 I have to concur with the comments
12 of some of my colleagues. And as I've said
13 when similar pieces of legislation have come
14 before this house in the past, it is
15 astonishing to our constituents and
16 unacceptable to our constituents that on an
17 issue like this, where the overwhelming
18 majority of people in the state support doing
19 something about it, the Senate and the
20 Assembly, year after year, are unable to
21 accomplish that.
22 Senator Krueger points out that if
23 we'd separate out some of those issues, we
24 could probably achieve a partial victory.
25 The difficulty I have with this
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1 particular incarnation of the bill, and the
2 reason I think it's a one-house bill and we're
3 going to adjourn again this year having failed
4 to address this issue, is that all of the
5 other issues being put aside, it is absolutely
6 clear that this legislation creates a penalty
7 for failure to report but no penalty for
8 overreporting.
9 So the incentive for anyone who is
10 a -- and that's found in the sections on
11 immunity from liability and in the section
12 also making it an A felony to not review
13 records and report.
14 But this clearly indicates -- and
15 it's in Section 429B, penalties for the
16 failure to report. If you're someone required
17 to report a case of suspected child abuse who
18 willfully fails to do so, you're guilty of a
19 Class A misdemeanor. If you're required to
20 report a case and you willfully fail to do so,
21 you're civilly liable. But if you wrongfully
22 report it, you're immune from civil liability
23 and from criminal liability.
24 So I think it just sets up a
25 structure where, if you're a caseworker, you
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1 know that if you're in doubt, you've got to
2 report it, because you could be guilty of a
3 crime, you could be subject to civil liability
4 if you don't report -- but no penalty for
5 overreporting.
6 So I think that this is a
7 structurally unsound approach. I'm confident
8 that this is not going to pass the Assembly.
9 And I commend -- I don't attribute any bad
10 faith to the sponsor. I know he's been
11 working hard on this. But I would
12 respectfully suggest that we have to take some
13 sort of a different approach. And maybe
14 another stab at a conference committee is
15 necessary.
16 It is completely unacceptable that
17 we are adjourning again this session without
18 addressing this issue. And just as the voters
19 have gone to the polls and sent messages in
20 the past, this is the -- this epitomizes the
21 gridlock in Albany that is turning so many
22 people off to the work in this legislature,
23 much of it good work.
24 I'm going to vote no on this bill
25 this year, but I am absolutely committed to
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1 trying to resolve this and extremely
2 frustrated that in spite of a uniformity of
3 agreement that we have to address the issue of
4 clergy sex abuse, we're adjourning again not
5 doing anything.
6 So I'm voting no, Mr. President,
7 and I hope we will solve this problem. We're
8 all committed on this side of the aisle to
9 addressing it in the coming session.
10 Thank you.
11 ACTING PRESIDENT MEIER: Senator
12 Saland.
13 SENATOR SALAND: To close, Mr.
14 President.
15 I can't say there isn't anything
16 that I've heard today that I haven't heard
17 previously. The essence of what I'm hearing
18 in part is the stupid-teenager argument, that
19 if I'm a teenager I won't understand that this
20 effectively applies only to grade-school
21 students, that there's no way that the
22 so-called high school sweetheart situation can
23 occur under this construct.
24 Now, I've had four children, all of
25 whom are now adults. Trust me, they would not
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1 be befuddled. They would understand. I
2 didn't think that teenagers were as stupid as
3 some of my colleagues would make them out to
4 be. But it does make for a nice argument.
5 I'd also point out to those -- and
6 I believe it was Senator Krueger who said they
7 won't go to doctors and nurses. Well, Senator
8 Krueger, I want you to know that under the law
9 right now, if they go to a doctor or nurse,
10 that doctor or nurse could be subpoenaed and
11 brought in if the victim is 15 years or
12 younger. So if the 15-year-old, 14-, 13-,
13 12-year-old is the victim of crime, that
14 doctor or nurse can be subpoenaed and brought
15 in, and there's no confidentiality.
16 Now, I think all of us here are
17 well familiar with the Assembly's posture on
18 virtually any bill that smacks of penalties.
19 It is what at best could be called minimalist,
20 and that is very generous on my part. They
21 remind me of the guy in the Capital One
22 advertisement: It's no, nein, nyet.
23 And I can assure you with absolute
24 certainty that the Assembly, until such time
25 as one of their members has some absolutely
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1 outrageous sexual offense occur in their
2 district -- as was the case with the
3 fingerprinting bill that we did. It wasn't
4 until there were high-profile violations of
5 students in districts in Westchester County
6 that involved Assembly members from the
7 majority side of the aisle, that the Assembly
8 was even willing to talk about fingerprinting
9 school employees.
10 The Assembly won't talk until
11 somebody's next-door neighbor is violated by a
12 coach, is violated by a scout leader. They
13 will not deal with the issue if they don't
14 have to.
15 I spent too long and too hard of a
16 time dealing with issues like this throughout
17 my professional career and in my career in
18 this legislature. I, for one, am not going
19 succumb to the Capital One philosophy of the
20 Assembly majority. One day, however long it
21 takes, we will get there. And I don't care if
22 the Assembly has to be brought kicking and
23 screaming.
24 And let me suggest to you, although
25 I'm sure he will come up with amnesia, the
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1 age-sensitive portion of this legislation was
2 something that Assemblyman McEneny and I
3 discussed last year. And it wasn't until
4 Assembly central staff said "no, nein, nyet"
5 that he backed off. But I'm sure he has
6 amnesia now and won't recall that.
7 So I would urge all my colleagues
8 to vote for this bill. It's about children.
9 It's about protecting children. It's about
10 saying that why in the world would anybody
11 find anything redeemingly of value, any social
12 policy that says if a child of less than 13 is
13 violated by an adult, 13 or less, that somehow
14 or other we should clothe the reporters with
15 confidentiality, some of the very same
16 reporters who could be subpoenaed in to
17 testify.
18 I see no reason for it. Some of
19 these memos -- only if you assume that
20 teenagers are inherently stupid, only if you
21 assume that they would not get the message,
22 only if you assume that this is a benefit to a
23 grade-school child to permit those who would
24 foist themselves on children, those who would
25 ensnare children -- understand that the
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1 stereotype of a pedophile is not necessarily
2 the guy lurking in a doorway. Very often it
3 is some person of trust who in effect throws
4 out a lure, brings in the child, gradually
5 ensnaring that child and then abusing him or
6 her almost at will.
7 So this house has taken a stand in
8 the past. This house should continue to take
9 this stand now. Again, it's about children.
10 It's not about self-righteousness, it's not
11 about people who don't want to be
12 inconvenienced; namely, a bunch of reporters
13 who have an obligation to report.
14 And keep in mind, when one talks
15 about these systems, there's such a distinctly
16 different system for civil complaints that go
17 to the central registry and criminal
18 complaints. Criminal complaints are vastly
19 different. And the obligation of caseworkers
20 who handle civil complaints is totally
21 different from the obligation of law
22 enforcement to investigate and prosecute a
23 crime.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MEIER: The
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1 debate is closed.
2 The Secretary will sound the bells,
3 and members are asked to come to the chamber
4 for a vote.
5 Read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MEIER: Senator
12 Balboni, to explain his vote.
13 SENATOR BALBONI: Mr. President,
14 sometimes you can listen to a debate and have
15 it spin in a totally different direction.
16 Senator Schneiderman, in his
17 debate, mentioned that for another year we
18 will have failed to address this issue. I
19 respectfully would like to correct that
20 phraseology. It's not "failed to address."
21 The Senate has addressed this every
22 year for the last couple of years, taking the
23 lead on a very difficult issue, because Steve
24 Saland has stood up and, frankly, the Senate
25 has stood up. The fact that the entire
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1 legislature can't get its act together on what
2 form it wants to do does not mean that we have
3 not led on this issue. And that's what we've
4 done.
5 I vote in favor of this, Mr.
6 President.
7 ACTING PRESIDENT MEIER: Senator
8 Balboni will be recorded in the affirmative.
9 Could we have some order in the
10 chamber.
11 Senator Breslin, to explain his
12 vote.
13 SENATOR BRESLIN: Thank you, Mr.
14 President.
15 I stand not to point fingers at
16 anyone and blame anyone. I blame everyone,
17 both the Assembly and the Senate.
18 Our constituents are out there
19 saying that this is a clergy abuse bill. Why
20 don't we restrict it to that and add the
21 clergy on to the number of mandated people who
22 must report, get that part done to satisfy the
23 needs of our constituents and what should be
24 right in New York State, and keep the
25 reduction or the wearing away of the
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1 confidential relationships of the other
2 mandated categories to a different day.
3 I vote no.
4 ACTING PRESIDENT MEIER: Senator
5 Breslin will be recorded in the negative.
6 Senator Marcellino, to explain his
7 vote.
8 SENATOR MARCELLINO: Mr.
9 President, I have to rise. I wasn't going to
10 say anything, but I can't take too much more
11 of this.
12 I will not accept that everyone is
13 to blame. Vasean's Law, Megan's Law, Kendra's
14 Law, go on and on and on, name the laws after
15 people who have had horrific acts forced upon
16 them before the Assembly would move or come to
17 the table to negotiate.
18 Enough is enough. How many more
19 people have to die before we get the right
20 thing done? I vote aye.
21 ACTING PRESIDENT MEIER: Senator
22 Marcellino will be recorded in the
23 affirmative.
24 Senator Hassell-Thompson, to
25 explain her vote.
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1 SENATOR HASSELL-THOMPSON: Thank
2 you, Mr. President.
3 For three and a half of the five
4 years that I've been here in the State Senate,
5 I have been working with DAs and with advocate
6 groups and with my colleagues here in the
7 legislature in an effort to get a substantive
8 child sexual abuse bill.
9 Senator Saland and I have had some
10 dialogue and some efforts to try to begin to
11 address aspects of this very complex problem.
12 I am not in favor of piecemealing this bill.
13 And I am very concerned that we do have a
14 major issue out there that does speak to
15 clergy.
16 But clergy is not the only mandated
17 reporting that we ought to be doing. This is
18 not just about the clergy. And even though
19 clergy has gotten a significant amount of
20 attention, it is more pervasive. And the
21 pervasiveness doesn't just speak to who should
22 be reported but how far back we should go,
23 what should be the window of opportunity.
24 And this legislature -- we can
25 blame the Assembly if we want to, and that may
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1 be appropriate. But this legislature has
2 failed to adopt a much more thorough bill.
3 There have been other attempts by Democrats in
4 this house to address this issue very
5 broad-basedly. We have had press conferences,
6 we have had advocate groups who have worked
7 with us and had hearings to talk about what
8 this bill ought to look like.
9 And for us to be satisfied with
10 this as the only issue, only aspect of this
11 issue that we deal with in this whole Senate
12 session this year is an atrocity. I will be
13 voting no.
14 ACTING PRESIDENT MEIER: Senator
15 Hassell-Thompson will be recorded in the
16 negative.
17 Senator Schneiderman.
18 SENATOR SCHNEIDERMAN: Thank you.
19 Very briefly.
20 Echoing what Senator
21 Hassell-Thompson said, and with regard to the
22 comments of some of my colleagues, we're
23 expected by our constituents to pass laws, not
24 pass laws and point fingers. If we pass a
25 bill, we refuse to move off of a position we
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1 know is a poison pill for the Assembly, then
2 we have to share the blame.
3 And I would suggest that as we
4 prepare to adjourn, if we're going to point
5 fingers at the Assembly, let's look at a list
6 of bills that have passed the Assembly this
7 year and have died in this house. Timothy's
8 Law. Procurement lobbying reform, A9C.
9 Ethics loophole, A947A. MTA reform and
10 oversight, A7098. Public authorities reform,
11 A5626. Bottle bill expansion. Emergency
12 contraception over the counter. Children's
13 Weapon Accident Prevention Act, the Gun-Free
14 Kids Act. Banning .50-caliber weapons.
15 There are dozens of good bills that
16 passed the Assembly -- Rockefeller drug
17 reform -- that failed here.
18 So let's not just point the finger
19 at the Assembly. Let's get the work done.
20 And hopefully our constituents will hear the
21 truth and not just get disgusted with the
22 finger-pointing by both houses and stop paying
23 attention.
24 Thank you.
25 ACTING PRESIDENT MEIER: How do
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1 you vote, Senator?
2 SENATOR SCHNEIDERMAN: I'm voting
3 no.
4 ACTING PRESIDENT MEIER: Just
5 checking.
6 Senator Schneiderman will be
7 recorded in the negative.
8 The Secretary will announce the
9 results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 250 are
12 Senators Andrews, Breslin, Duane,
13 Hassell-Thompson, L. Krueger, Montgomery,
14 Parker, Schneiderman, Serrano and Stavisky.
15 Absent from voting: Senator
16 Bonacic.
17 Ayes, 50. Nays, 10.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, could we return to motions and
23 resolutions and then take up Supplemental
24 Calendar A, please.
25 ACTING PRESIDENT MEIER: Motions
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1 and resolutions.
2 Senator Farley.
3 SENATOR FARLEY: Thank you, Mr.
4 President.
5 On behalf of Senator Fuschillo, on
6 page 43, I offer the following amendments to
7 Calendar Number 1185, Senate Print 5370A, and
8 I ask that that bill retain its place on the
9 Third Reading Calendar.
10 ACTING PRESIDENT MEIER: The
11 amendments are received and adopted, and the
12 bill will retain its place on the order of
13 third reading.
14 SENATOR FARLEY: Mr. President,
15 on behalf of Senator Robach, on page 48, I
16 offer the following amendments to Calendar
17 Number 1285, Senate Print 4406, and I ask that
18 that bill retain its place.
19 ACTING PRESIDENT MEIER: The
20 amendments are received and adopted, and the
21 bill will retain its place on the Third
22 Reading Calendar.
23 SENATOR FARLEY: Mr. President,
24 on behalf of Senator DeFrancisco, on page 49,
25 I offer the following amendments to Calendar
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1 Number 1299, Senate Print 5380A, and I ask
2 that that bill retain its place.
3 ACTING PRESIDENT MEIER: The
4 amendments are received and adopted, and the
5 bill will retain its place on the Third
6 Reading Calendar.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Mr.
9 President, if there's a substitution, can you
10 please make it at this time.
11 ACTING PRESIDENT MEIER: The
12 Secretary will read the substitutions.
13 THE SECRETARY: On page 34,
14 Senator LaValle moves to discharge, from the
15 Committee on Rules, Assembly Bill Number 7469
16 and substitute it for the identical Senate
17 Bill Number 5164A, Third Reading Calendar 962.
18 ACTING PRESIDENT MEIER:
19 Substitution ordered.
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, can you please take up Supplemental
23 Calendar Number A.
24 ACTING PRESIDENT MEIER: The
25 Secretary will conduct the noncontroversial
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1 reading of Supplemental Calendar 58A.
2 THE SECRETARY: In relation to
3 Calendar Number 1609, Senator Brown moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 1880A and substitute it
6 for the identical Senate Bill Number 945A,
7 Third Reading Calendar 1609.
8 ACTING PRESIDENT MEIER:
9 Substitution ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1609, by Member of the Assembly DelMonte,
13 Assembly Print Number 1880A, an act to
14 authorize the City of Niagara Falls.
15 ACTING PRESIDENT MEIER: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1610, by Senator Padavan, Senate Print 2495,
3 an act to amend the Agriculture and Markets
4 Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 60th day.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60. Nays,
13 1. Senator Winner recorded in the negative.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1611, by Senator Morahan, Senate Print --
18 ACTING PRESIDENT MEIER: The
19 Secretary will read the negatives again with
20 regard to Calendar 1610.
21 THE SECRETARY: In relation to
22 Calendar Number 1610, those recorded in the
23 negative: Senators Winner and Young.
24 Ayes, 59. Nays, 2.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1611, by Senator Morahan, Senate Print 3025A,
4 an act to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1612, Senator Maziarz moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 6623A and substitute it
19 for the identical Senate Bill Number 3598,
20 Third Reading Calendar 1612.
21 ACTING PRESIDENT MEIER:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1612, by Member of the Assembly John, Assembly
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1 Print Number 6623A, an act to amend Chapter
2 511 of the Laws of 1995.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1613, by Senator Golden, Senate Print 3815, an
15 act to amend the Administrative Code of the
16 City of New York.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1614, by Senator Golden, Senate Print 4696, an
4 act to amend the Administrative Code of the
5 City of New York and the Retirement and Social
6 Security Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1615, by Senator Maltese, Senate Print 4737B,
19 an act to amend the Public Officers Law.
20 SENATOR MONTGOMERY: Lay it
21 aside.
22 ACTING PRESIDENT MEIER: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 1616, by Senator Wright, Senate Print 5005B,
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1 an act to amend the Penal Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1617, by Senator Golden, Senate Print 5031, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MEIER: Senator
24 Duane.
25 SENATOR DUANE: Is there a home
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1 rule message?
2 ACTING PRESIDENT MEIER: No,
3 there's not, Senator.
4 The Secretary will call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60. Nays,
7 1. Senator Duane recorded in the negative.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1618, by Senator Leibell, Senate Print 5090,
12 an act to amend the Public Health Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1619, by the Senate Committee on Rules, Senate
25 Print Number 5287, an act to amend the Tax
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1 Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1620, by Senator Larkin, Senate Print 5314, an
14 act to amend the Retirement and Social
15 Security Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first month next
20 succeeding.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: In relation to
3 Calendar Number 1621, Senator LaValle moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 7609 and substitute it
6 for the identical Senate Bill Number 5426,
7 Third Reading Calendar 1621.
8 ACTING PRESIDENT MEIER:
9 Substitution ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1621, by Member of the Assembly Abbate,
13 Assembly Print Number 7609, an act to amend
14 the General Municipal Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect upon enactment into law
19 by the State of New Jersey.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1622, by the Senate Committee on Rules, Senate
3 Print Number 5460, an act to amend Chapter 401
4 of the Laws of 2002.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1623, Senator Golden moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 6590B and substitute it
19 for the identical Senate Bill Number 5465A,
20 Third Reading Calendar 1623.
21 ACTING PRESIDENT MEIER:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1623, by Member of the Assembly Wright,
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1 Assembly Print Number 6590B, an act to amend
2 the Real Property Tax Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 30th day.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1624, by Senator Meier, Senate Print 5643, an
15 act to amend the Retirement and Social
16 Security Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1625, by Senator Saland, Senate Print 5644, an
4 act to amend Chapter 524 of the Laws of 1987.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1626, by Senator Spano --
17 SENATOR SCHNEIDERMAN: Lay it
18 aside.
19 ACTING PRESIDENT MEIER: Lay the
20 bill aside.
21 THE SECRETARY: Calendar Number
22 1627, by Senator Little, Senate Print 56 --
23 SENATOR SCHNEIDERMAN: Lay it
24 aside.
25 ACTING PRESIDENT MEIER: Lay the
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1 bill aside.
2 THE SECRETARY: Calendar Number
3 1628, by Senator Alesi --
4 SENATOR SCHNEIDERMAN: Lay it
5 aside.
6 ACTING PRESIDENT MEIER: Lay the
7 bill aside.
8 THE SECRETARY: In relation to
9 Calendar Number 1629, Senator DeFrancisco
10 moves to discharge, from the Committee on
11 Rules, Assembly Bill Number 8446 and
12 substitute it for the identical Senate Bill
13 Number 5683, Third Reading Calendar 1629.
14 ACTING PRESIDENT MEIER:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1629, by Member of the Assembly Magnarelli,
19 Assembly Print Number 8446, an act to dedicate
20 Camillus Forest Unique Area Preserve.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1630, by Senator Libous, Senate Print 5688, an
8 act to amend the Education Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1631, by Senator Saland, Senate Print 5696, an
21 act to authorize the Commissioner of
22 Environmental Conservation.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1632, by the Senate Committee on Rules, Senate
10 Print Number 5705, an act to amend the Tax
11 Law.
12 ACTING PRESIDENT MEIER: There is
13 a local fiscal impact note at the desk.
14 Read the last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60. Nays,
21 1. Senator Valesky recorded in the negative.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Mr.
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1 President, please lay aside Calendar 1633,
2 Senate Print 5729.
3 ACTING PRESIDENT MEIER: The bill
4 is laid aside.
5 The Secretary will continue to
6 read.
7 THE SECRETARY: Calendar Number
8 1634, by Senator Volker, Senate Print 5745A,
9 an act authorizing the County of Erie.
10 ACTING PRESIDENT MEIER: There is
11 a home-rule message at the desk.
12 Read the last section.
13 THE SECRETARY: Section 10. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1635, by Senator Meier, Senate Print 5805, an
23 act to amend the Family Court Act and others.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 Senator Fuschillo, that completes
10 the noncontroversial reading of Supplemental
11 Calendar 58A.
12 SENATOR FUSCHILLO: Mr.
13 President, could we return to the original
14 calendar and have the reading of the
15 controversial calendar, starting with Calendar
16 Number 1557.
17 ACTING PRESIDENT MEIER: The
18 Secretary will conduct the controversial
19 reading of the original calendar, starting
20 with Calendar 1557.
21 THE SECRETARY: Calendar Number
22 1557, by Senator Larkin, Senate Print 5615, an
23 act to amend the Racing, Pari-Mutuel Wagering
24 and Breeding Law.
25 SENATOR SABINI: Explanation.
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1 ACTING PRESIDENT MEIER: Senator
2 Larkin, an explanation has been requested with
3 regard to Calendar 1557.
4 SENATOR LARKIN: Thank you, Mr.
5 President.
6 This is a bill similar to what we
7 did in the year 2000 when we had the Breeder's
8 Cup here. The only difference is the year
9 2000-2001 budget, it was included in the
10 budget because beforehand they had actually
11 notified us as to what the costs were going to
12 be associated with it.
13 The demands on the track now by the
14 International Racing Association demands that
15 the honoree, host, for the Breeder's Cup is
16 required to do certain amounts of advertising,
17 handling, stuff that they're not doing on a
18 regular basis. So for the Breeder's Cup to
19 get the attention it needs nationwide, they
20 need to be able to encourage additional
21 funding rather than us providing a direct fund
22 to them.
23 So in the budget of 2000-2001 it
24 was said that we would take the day before the
25 race, the day of the race, the day after the
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1 race, and they wouldn't be required to fund it
2 to the state.
3 That's the same language that was
4 there that passed three years ago.
5 ACTING PRESIDENT MEIER: Senator
6 Sabini.
7 SENATOR SABINI: Thank you, Mr.
8 President. Will the sponsor yield for a
9 question or two.
10 ACTING PRESIDENT MEIER: Senator
11 Larkin, do you yield for a question?
12 SENATOR LARKIN: Yes, Mr.
13 President.
14 ACTING PRESIDENT MEIER: The
15 sponsor yields.
16 SENATOR SABINI: Knowing the
17 chairman's strong knowledge of the racing
18 industry, I'm wondering, since the
19 International Thoroughbred Racing Association
20 is requiring all this additional advertising
21 and promotion for the Breeder's Cup, didn't
22 NYRA ask to host the Breeder's Cup?
23 SENATOR LARKIN: I'm not aware of
24 it. I think it was just their turn.
25 And when we did the budget before,
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1 Senator Sabini, it was from NYRA to put it in
2 the budget. And in the year 2000, when we did
3 the budget, we were here a long, long time,
4 satisfactory, so that it would be eligible for
5 the funding that was required in 2001.
6 SENATOR SABINI: Mr. President,
7 if the sponsor would continue to yield.
8 ACTING PRESIDENT MEIER: Senator
9 Larkin, do you yield?
10 SENATOR LARKIN: Yes, Mr.
11 President.
12 ACTING PRESIDENT MEIER: The
13 sponsor yields.
14 SENATOR SABINI: It just seems to
15 me that the Breeder's Cup is something that
16 NYRA asked for rather than it being their
17 turn. I think they -- could they not refuse
18 to host the Breeder's Cup if they wanted to?
19 SENATOR LARKIN: Yeah, they
20 could. But we could argue that for the next
21 three days.
22 What we have is we have a great
23 race that has a great tour, it brings a lot of
24 tourism to our area. And they're saying we
25 will do it, we will make money for the states,
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1 we will make money for Senator Farley's
2 district, for Assembly Tonko, Senator Bruno,
3 and there will be revenue.
4 As a matter of fact, Senator
5 Breslin will probably go to the Breeder's Cup.
6 SENATOR SABINI: Mr. President,
7 will the sponsor continue to yield.
8 ACTING PRESIDENT MEIER: Senator
9 Larkin, do you yield?
10 SENATOR LARKIN: Yes.
11 ACTING PRESIDENT MEIER: The
12 Senator yields.
13 SENATOR SABINI: I'll be happy to
14 note that the Breeder's Cup will be held,
15 actually, in Belmont, which of course is
16 downstate. Not to besmirch my friends from
17 Saratoga.
18 But my question is, if we're not
19 going to require NYRA to pay the pari-mutuel
20 tax for those three days -- not just the
21 Breeder's Cup day, but the day before and the
22 day after -- is any of that savings going to
23 be passed on to the wagering public?
24 SENATOR LARKIN: Well, I think,
25 John, the thing that we have to remember here
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1 is the Breeder's Cup is not the only race of
2 that day. There are tremendous numbers,
3 there's 10 or 11 races that day.
4 I think the real confusion here is
5 that before, it became part of the budget;
6 here, it didn't. So they want to be able
7 to -- we're not going to amend the budget now
8 at this late date and have funding for the
9 marketing of the Breeder's Cup.
10 When you look at it -- and I've
11 talked to three or four people who have better
12 financial knowledge than I do who say that
13 this was a simple issue -- the day before, day
14 of, and day after -- in order to ensure that
15 they had the funds to meet the obligations
16 that would occur as a result of the marketing
17 requirement.
18 SENATOR SABINI: Should I take
19 that as a no?
20 SENATOR LARKIN: Pardon me?
21 SENATOR SABINI: I asked the
22 question would the savings be passed on to the
23 wagering public, and I said should I take your
24 answer as a no.
25 SENATOR LARKIN: No, I think it's
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1 very simple. That's how we did it before. We
2 did it in the budget. And this time we're
3 doing it in a way that it's up to the track.
4 If they don't do this -- it's simple.
5 SENATOR SABINI: Mr. President,
6 on the bill.
7 ACTING PRESIDENT MEIER: Senator
8 Sabini, on the bill.
9 SENATOR SABINI: I'll take that
10 as a no, that the savings won't be passed on
11 to the betting public.
12 And indeed, the Breeder's Cup, on
13 the day of the Breeder's Cup there's only one
14 race that's not part of the Breeder's Cup
15 card. I was the proud holder of a winning
16 triple ticket the year it was at Aqueduct, so
17 I know that.
18 But the day before and the day
19 after are not part of the Breeder's Cup. And
20 it just seems to me that while this may have
21 been done the last time the Breeder's Cup was
22 in Belmont, we're now faced with a situation
23 where NYRA is on the front page of the
24 newspaper every day with audits, pending
25 investigations. They're in, I guess it's fair
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1 to say, a legal limbo right now, depending on
2 what the courts decide based on their
3 probationary period of the last court order.
4 And I don't know that it really is
5 fair to say, Well, we really want to have the
6 Breeder's Cup, and oh, by the way, someone
7 else should pay for its promotion, namely, the
8 State of New York, who would be reaping these
9 taxes.
10 Yes, this is a great event for
11 New York State. It's a great day for racing.
12 But I'm not sure that forcing the taxpayers of
13 the state to pay for the promotion of this day
14 is really a good thing. They asked for the
15 event, and now they want us to pay for it.
16 I'm not sure that's particularly good.
17 If you're going to eliminate the
18 pari-mutuel tax for that day, I think you
19 should pass some of the savings on to the
20 wagering public. The people that make
21 New York State racing, both its racing
22 industry and its vast breeding industry and
23 the horsemen, that make it all successful are
24 the guys that go and plunk down a hundred
25 bucks every day in $2 increments at the tracks
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1 throughout the state, and they aren't really
2 benefiting from this. Yeah, they're going to
3 get to see some great racing that day,
4 firsthand. But you're really asking someone
5 else to pay for your party here.
6 And while I am, in my role as
7 ranker for the Minority on Racing and
8 Wagering, very supportive of the racing
9 industry, I'm a little questioning at this
10 time in NYRA's history whether or not this is
11 the type of thing we should be absolving them
12 from, from paying the pari-mutuel tax, and
13 having it go to something other than the
14 bettors.
15 You know, they might be smart to
16 ask for a lower pari-mutuel tax and pass the
17 savings on to the bettors. They'd get better
18 crowds, better handles, and we'd all make some
19 more money for the racing industry.
20 So I'm going to vote no on this,
21 Mr. President, on the strong consideration
22 this is not the time for us to be giving a tax
23 break to NYRA at this point in our history.
24 Thank you.
25 ACTING PRESIDENT MEIER: Senator
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1 Connor.
2 SENATOR CONNOR: Thank you, Mr.
3 President.
4 Actually, this bill raises two
5 issues. You know, I probably voted for this
6 when it was in a budget bill like this. And
7 the fact that this bill is coming out
8 separately reminds me of the way this Senate
9 once was 25 or 30 years ago, when issues like
10 this were brought out in a bill -- the
11 constitution says, you know, one bill, one
12 subject -- and we could have a debate about
13 the merits of that feature.
14 Of course we've long since
15 abandoned that, under the guise of a budget,
16 and we fold these things and we fold various
17 gambling measures into the budget even though
18 whenever we have a straight-up vote in this
19 house, or at least in the past on gambling, it
20 doesn't seem to command the support of a
21 majority of the members. But when you put it
22 in those big ugly budget bills, it passes.
23 So to say, oh, we did this before,
24 doesn't convince me of anything. I'm sure we
25 did. I'm sure I did. I'm sure it was in a
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1 big bill and apple pie and motherhood were
2 also in that bill and to vote against this you
3 would have had to vote against half the budget
4 of the State of New York and all the good
5 things that are often done in it. So I'm glad
6 this is a discrete bill. Now we can examine
7 this.
8 First of all, who told NYRA, who
9 told NYRA that they could host a Breeder's Cup
10 and we'd pick up the tab, the State of
11 New York would pick up the tab? That's rather
12 presumptuous of NYRA to think we should do it
13 this or we would automatically do this.
14 Secondly, to say -- and by the way,
15 I am pro-racing. I love the racing industry.
16 The breeding industry in New York State is
17 very, very important to this state. But you
18 know, I recently, in visiting colleges with my
19 son, they had some different classes you could
20 take in, and I took in one at Davidson College
21 by a professor who studied the issues of
22 sporting events and stadiums and so on, and he
23 was generally skeptical of all these
24 projections of how much money they bring in
25 and add to the economy. But he said what you
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1 do get is the water cooler bragging rights,
2 people who stand around the water cooler:
3 Hey, we're having the whatever game here, the
4 Super Bowl or the this or the that, or the
5 Breeder's Cup.
6 So I understand you get bragging
7 rights by hosting it. And I think New York
8 racing is great, and it's good imagewise. But
9 how do you put a dollar sign on that? How do
10 you quantify that?
11 I would like to see, accompanying a
12 bill like this, some projections. How many
13 people from out of state are expected to come
14 to Belmont for the Breeder's Cup? How many
15 are expected to come and stay overnight in
16 New York? And what were they spending? I
17 mean, these are things tourist-industry people
18 do all the time.
19 And I know you look at these
20 statistics sometimes and say, yeah, is it
21 really worth that much, is it going to -- the
22 Olympics or whatever, is it really going to
23 bring in that much -- a national convention,
24 whatever, going to bring in that much money
25 when you take out security costs and other
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1 hidden costs that the public pays.
2 So all I see here is a public
3 expenditure. And I know, I know, it's not an
4 expenditure, we're just forgiving, for three
5 days, the pari-mutuel tax. Three big betting
6 racing days. A big racing betting day, the
7 day of the Breeder's Cup. And there are other
8 races, and we're forgiving the tax on those.
9 That's just like spending the public's money.
10 It's the public's money.
11 My question, then, to NYRA would
12 be: Well, how much of your take out of the
13 pari-mutuel handle are you putting in to all
14 this advertising for the Breeder's Cup? Are
15 we partners? Is it fifty-fifty here? Or are
16 we picking up the whole tab? And NYRA, at the
17 end of year, can say, Oh, we had a great
18 racing year, despite all of our problems,
19 scandals, thievery and everything else, we
20 made money? At whose expense? I want to
21 know, are we paying the whole nut here? Is
22 that what we're doing, the public is paying
23 the whole nut so NYRA can host the Breeder's
24 Cup?
25 NYRA, it's an embarrassment. I
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1 remember years ago, when NYRA's franchise came
2 up for renewal some 20-some years ago, and
3 Stanley Fink was Speaker and he floated the
4 idea that those tracks belong to the State of
5 New York, we should take them and not leave
6 them with that NYRA board with all those
7 people with Roman numerals after their names
8 and racing stables.
9 Because NYRA has often operated as
10 if it was a private -- for the private
11 benefit, edification and enjoyment of large,
12 wealthy horse owners who race their horses
13 there. We gave them those tracks and that
14 franchise so they can enjoy themselves racing
15 their horses against each other. That's how
16 it looks to a lot of people.
17 Now, I've supported NYRA's efforts
18 in the past to change, to adapt. But what
19 I've been reading about for this last month
20 again, and read about last year, it's
21 absolutely scandalous the way they have
22 mismanaged this franchise.
23 And I want -- I'm not going to vote
24 for this, because I don't see solid numbers
25 about who's paying for the entire costs. All
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1 I see here is the public's supposed to pay
2 some, what is it, 400 and some thousand
3 dollars in forgiven pari-mutuel tax. Well,
4 what happens to the rest of the pari-mutuel
5 take that day? I'd like to know.
6 I'm voting no, Mr. President.
7 ACTING PRESIDENT MEIER: Senator
8 Duane.
9 SENATOR DUANE: Thank you, Mr.
10 President.
11 The bill before us might seem to be
12 just dealing with the Breeder's Cup horse
13 race, although I think it has a lot more to do
14 with public policy and how we make public
15 policy here. And maybe it's important -- and
16 my colleague on this side of the aisle raised
17 this, you know, the forces that perhaps have
18 ultimately brought this bill before us today.
19 But really, you know, what it is is
20 a tax break. It's a tax break allegedly so
21 that a special horse race can be held here in
22 New York. But I think, and my colleagues sort
23 of raised something to do with this, that
24 maybe there's a lot more to do with this
25 having to do with money. And I don't mean the
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1 money that might be paid to those who win or
2 even the money that we the taxpayers will be
3 losing on it, but maybe, more importantly --
4 and this is an issue I alluded to a little
5 while earlier on the floor -- the money that
6 is given to those in the -- I'm sorry, money
7 given by those in the thoroughbred racing
8 industry.
9 Hundreds of thousands of dollars in
10 campaign money goes -- on both sides of the
11 aisle, in both houses -- but it's a tremendous
12 amount of money, hundreds of thousands of
13 dollars, that go towards this. And, you know,
14 this is, well, the fourth day before the end
15 of session. And the newspapers have been
16 rallying that we need to do some campaign
17 finance reform. And perhaps if we had that
18 kind of campaign finance reform similar to,
19 for instance, what New York City has, which is
20 one of the premier campaign finance systems in
21 the nation, we might not be coming up against
22 these sort of special-interest bills like the
23 one that's before us today.
24 So I'm going to vote no on this
25 bill. I'm going to vote no on it because it
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1 was actually difficult to figure out who it
2 was that gives money to various candidates in
3 both houses, because we don't have appropriate
4 disclosure. And we don't have appropriate
5 limits on contributions, and we don't have
6 appropriate spending limits. And if we did
7 enact that kind of campaign finance reform, we
8 would be in a much better position here in the
9 Senate to vote based on the people's interests
10 and not only the special interests.
11 Thank you, Mr. President. I'll be
12 voting no.
13 ACTING PRESIDENT MEIER: Any
14 other Senator wish to be heard on the bill?
15 Senator Larkin.
16 SENATOR LARKIN: Mr. President,
17 you know, we have dilly-dallied on this bill
18 for about 25 minutes. This is a bill that's
19 going to bring money into New York State.
20 I heard my good friend and
21 colleague Senator Connor talk about there's no
22 additive on it. The additive on here is to
23 bring tourists. You remember a few years ago,
24 some of you weren't in the chamber then, but
25 we used to take all our horses for breeding
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1 out to Kentucky. And people started
2 screaming, and we said we're going to do it in
3 New York. We'll do it in New York, breeding
4 farms are up -- raising money, raising jobs,
5 and doing something for the state.
6 For us to do this for three days --
7 and I hear my colleagues say, Well, how much
8 is it? Well, I don't really know either. And
9 I'm not so sure that they do. But every four
10 years, the Breeder's Cup comes around to us.
11 And it's something that we can attribute to
12 the success of the racing industry.
13 Senator Connor correctly said
14 there's problems with NYRA. There's a lot of
15 problems with NYRA. And I hope that when we
16 come back in January, when we put the
17 commission together, we'll address those.
18 But right now the issue is do we
19 provide the money for marketing, like every
20 other track does. I say yes.
21 ACTING PRESIDENT MEIER: Any
22 other Senator wish to be heard on the bill?
23 Senator Sabini.
24 SENATOR SABINI: Mr. President,
25 would the sponsor yield for one more question?
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1 ACTING PRESIDENT MEIER: Senator
2 Larkin, do you yield for a question?
3 SENATOR LARKIN: One more.
4 ACTING PRESIDENT MEIER: The
5 sponsor yields.
6 SENATOR SABINI: If this bill
7 doesn't become law, is the Breeder's Cup going
8 to happen anyway?
9 SENATOR LARKIN: Will it happen?
10 Yes. It's too late now to cancel it.
11 SENATOR SABINI: Thank you.
12 ACTING PRESIDENT MEIER: Any
13 other Senator wish to be heard on the bill?
14 Then the debate is closed.
15 Senator Liz Krueger.
16 SENATOR LIZ KRUEGER: Thank you.
17 Very briefly on the bill. I've listened to
18 all the complex arguments, and I think I can
19 narrow it down to one sentence.
20 There are questions always for us
21 when we move forward with gambling in this
22 state and the costs to ourselves. If we don't
23 collect taxes on gambling, really, what is the
24 point? I vote no.
25 ACTING PRESIDENT MEIER: The
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1 Secretary will sound the bell.
2 Members are asked to come to the
3 chamber for a vote.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MEIER: The
11 Secretary will announce the results.
12 THE SECRETARY: Those recorded in
13 the negative on Calendar Number 1557 are
14 Senators Andrews, Breslin, Connor, Diaz,
15 Dilan, Duane, Gonzalez, Hassell-Thompson,
16 Klein, L. Krueger, C. Kruger, Marcellino,
17 Montgomery, Oppenheimer, Parker, Paterson,
18 Sabini, Sampson, Savino, Schneiderman,
19 Serrano, A. Smith, Stavisky and Valesky. Also
20 Senator Brown.
21 Those Senators absent from voting
22 on Calendar Number 1557 are Senators Bonacic
23 and Volker.
24 Ayes, 34. Nays, 25.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1575, by Senator Padavan, Senate Print 2431,
4 an act to amend the Tax Law.
5 SENATOR LIZ KRUEGER:
6 Explanation.
7 ACTING PRESIDENT MEIER: Senator
8 Padavan, an explanation has been requested.
9 Could we have some order in the
10 chamber, please. You too, Senator Farley.
11 (Laughter.)
12 ACTING PRESIDENT MEIER: Senator
13 Padavan, an explanation has been requested of
14 Calendar 1575.
15 SENATOR PADAVAN: Thank you, Mr.
16 President.
17 This bill would provide or allow
18 for a tax credit for the rehabilitation of
19 certified historic structures equal to the
20 amount of tax credit currently provided by the
21 federal government under Section 47 of the
22 federal tax code.
23 ACTING PRESIDENT MEIER: Senator
24 Krueger.
25 SENATOR LIZ KRUEGER: Thank you,
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1 Mr. President. If the sponsor could please
2 yield.
3 ACTING PRESIDENT MEIER: Senator
4 Padavan, do you yield for a question?
5 SENATOR PADAVAN: Yes.
6 ACTING PRESIDENT MEIER: The
7 sponsor yields.
8 SENATOR LIZ KRUEGER: Thank you.
9 In the memo to this bill it talks
10 about this having -- specifically having an
11 advantage for historic preservation
12 involving --
13 SENATOR PADAVAN: I'm sorry, I
14 can't hear you. You're looking down.
15 SENATOR LIZ KRUEGER: I'm so
16 sorry, Senator. Excuse me.
17 In the memo it discusses this tax
18 credit being particularly valuable for
19 historic preservation involving low-income
20 housing. Could you explain whether this is
21 unique to low-income housing, or there's just
22 an assumption that some --
23 SENATOR PADAVAN: Well, first,
24 there are two categories that would qualify,
25 both of them have to be on the National
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1 Register. One would be a historic building,
2 the other would be a historic district.
3 Now, there are historic districts
4 for a variety of reasons, which are in
5 low-income communities. And those districts,
6 housing in them would qualify for this tax
7 credit.
8 SENATOR LIZ KRUEGER: Thank you.
9 Mr. President, on the bill.
10 ACTING PRESIDENT MEIER: Senator
11 Krueger, on the bill.
12 SENATOR LIZ KRUEGER: Thank you.
13 I appreciated the sponsor's explanation.
14 I tend to be hesitant to expand tax
15 credits in general. But I do see that the
16 potential win here is both to continue to
17 support historic preservation, both in
18 districts and in buildings, and hope that
19 there will be some impact for protecting
20 housing for low-income New Yorkers, although I
21 hope that we will --
22 ACTING PRESIDENT MEIER: Just a
23 second, Senator Krueger.
24 Could we have some order in the
25 chamber, please, so we can get through this
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1 calendar.
2 Senator Krueger.
3 SENATOR LIZ KRUEGER: Thank you.
4 To continue, I do hope, as I said,
5 while I am always a little nervous about
6 expanding any kind of tax credits, that this
7 is an example where we will evaluate over time
8 to ensure that these tax credits are actually
9 being used effectively and don't grow at an
10 exponential rate without our continuing to
11 monitor this and seeing whether it was in the
12 best interests of the people.
13 But I'm happy to support it now.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MEIER: Senator
16 Sabini.
17 SENATOR SABINI: Mr. President,
18 I'll be voting aye on this, and I want to
19 commend the sponsor.
20 We worked on similar legislation in
21 the City Council when I was chairman of the
22 landmarks committee. And people don't realize
23 that the added costs of keeping a building in
24 the historic district to the owner often makes
25 what should be a prime acquisition in your
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1 real estate portfolio one not so prime because
2 of the added cost of things like windows and
3 insulation and special shingles and all the
4 other things you need to keep a property in a
5 historic district or a landmark, keep that
6 designation.
7 So I congratulate Senator Padavan
8 on this bill. And I hope it becomes law,
9 because there are lots of historic districts
10 within the City of New York where the owners
11 could use this help.
12 Thank you.
13 ACTING PRESIDENT MEIER: Senator
14 Montgomery.
15 SENATOR MONTGOMERY: Yes, Mr.
16 President. I too want to rise to congratulate
17 my colleague for this legislation.
18 I also have a number of areas in my
19 district that are historically landmarked.
20 And the buildings they're in are privately
21 owned, they're homeowners, home for many
22 people. And this would be very helpful for
23 them in an attempt to upgrade their properties
24 and maintain the historical character of those
25 properties.
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1 So thank you. This is going to
2 benefit my constituents an awful lot. I vote
3 yes.
4 ACTING PRESIDENT MEIER: Senator
5 Connor.
6 SENATOR CONNOR: Yes, thank you,
7 Mr. President. I too want to congratulate and
8 thank Senator Padavan for bringing this bill
9 forward.
10 I represent a number of historic
11 landmark districts. Indeed, I represent and
12 live in the first historic landmark
13 neighborhood in New York City. When Robert
14 Moses proposed to run a highway through the
15 middle of Brooklyn Heights, the community
16 organized -- in fact, you can read about this
17 in the Caro book, The Power Broker.
18 And the community organized, and
19 through the Brooklyn Heights Association,
20 which is still going strong and is the oldest
21 continuous civic association in New York City,
22 a group of people came together, including a
23 lawyer, then young lawyer, Otis Pratt
24 Pearsall, who drafted the city landmarks law
25 and passed it. And then Brooklyn Heights was
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1 the first designated historic landmark
2 district in the city and indeed in the state.
3 And so there are others in my district now,
4 subsequently.
5 And as has already been stated,
6 it's very -- the building I live in, when they
7 put in new windows, finally -- and had
8 casement Anderson windows in the back, I
9 should say. For the front, they had to have
10 custom-built wood-framed windows, which cost a
11 whole lot more. So owners of property do,
12 when they have to replace or renovate
13 something -- indeed, as once upon a time, when
14 I had a district office in Brooklyn Heights,
15 the Senate found out, when they couldn't just
16 put up any old awning over the window but
17 actually had to get one that had been approved
18 by the landmarks commission.
19 So, Mr. President, my thanks to
20 Senator Padavan for bringing this bill
21 forward.
22 ACTING PRESIDENT MEIER: Any
23 other Senator wish to be heard on the bill?
24 Debate is closed, then.
25 The Secretary will sound the bell.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: In relation to
8 Calendar Number 1575: Ayes, 59.
9 Those Senators absent from voting:
10 Senators Bonacic and Volker.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1587, by Senator Alesi, Senate Print 4995, an
15 act to amend the Tax Law.
16 SENATOR LIZ KRUEGER:
17 Explanation.
18 ACTING PRESIDENT MEIER: Senator
19 Alesi, Senator Liz Krueger has requested an
20 explanation.
21 SENATOR ALESI: Thank you, Mr.
22 President.
23 This bill simply takes the New York
24 State estate tax credit and raises the amount
25 from $1 million to $1.5 million so that it
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1 coincides with existing federal law.
2 ACTING PRESIDENT MEIER: Senator
3 Krueger.
4 SENATOR LIZ KRUEGER: Thank you,
5 Mr. President. Will the sponsor please yield.
6 ACTING PRESIDENT MEIER: Senator
7 Alesi, do you yield for a question?
8 SENATOR ALESI: Yes, Mr.
9 President.
10 ACTING PRESIDENT MEIER: The
11 sponsor yields.
12 SENATOR LIZ KRUEGER: Thank you.
13 I didn't see in the memo or in the
14 bill how much this would cost the State of
15 New York, how much would this change in our
16 tax policy cost us in lost revenue.
17 SENATOR ALESI: I saw in the
18 memo -- through you, Mr. President -- that it
19 was approximately $60 million as a raw cost to
20 the state.
21 SENATOR LIZ KRUEGER: I'm sorry,
22 $6 million, is that what I heard? I'm sorry.
23 SENATOR ALESI: Sixty. Six-oh.
24 $60 million.
25 SENATOR LIZ KRUEGER: Sixty
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1 million dollars. Thank you.
2 Mr. President, if the sponsor would
3 continue to yield.
4 ACTING PRESIDENT MEIER: Senator
5 Alesi, do you yield?
6 SENATOR ALESI: I'll be happy to,
7 Mr. President.
8 ACTING PRESIDENT MEIER: The
9 Senator yields.
10 SENATOR LIZ KRUEGER: Thank you.
11 Is it your understanding that that
12 cost would grow over time, particularly in
13 relationship to the some of the changes in the
14 federal estate tax policies?
15 SENATOR ALESI: Mr. President,
16 through you, this bill extends to estates
17 where the decedent has passed after
18 January 1st of 2005 and thereafter.
19 It makes no representations to
20 anything beyond that, nor does it in a dollar
21 amount to anything beyond that as it would
22 relate to the federal amount.
23 SENATOR LIZ KRUEGER: Thank you.
24 Mr. President, on the bill.
25 ACTING PRESIDENT MEIER: Senator
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1 Krueger, on the bill.
2 SENATOR LIZ KRUEGER: Thank you.
3 It's a dangerous step for New York
4 to continue down the road of the federal
5 government in losing estate tax revenue. The
6 federal government, through laws that were
7 effected in 2001 but have rolled into effect
8 over the years, has actually resulted in
9 enormous losses of revenue to the federal
10 government. And in fact, that loss in revenue
11 translates into lower federal revenue coming
12 to the State of New York.
13 The State of New York, because of
14 its coupling, in some cases, with estate taxes
15 or capital-gains death taxes in particular,
16 already loses over $700 million in revenue
17 from taxes not collected on a very tiny
18 percentage of New York estates, the taxes
19 of -- excuse me, the estates of people who are
20 the top 2 percent wealthiest New Yorkers.
21 And I would argue that this house
22 should not move forward with this legislation
23 because it will result in lost money to the
24 State of New York, $60 million in the initial
25 analysis that we won't receive, won't have
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1 available for education and healthcare and
2 other priorities for the state. And that it
3 potentially has the domino impact, from
4 looking at research in other states, of
5 growing to a much larger amount of money in
6 the future.
7 New York State was one of the
8 states that wasn't coupled on estate taxes
9 with the federal government. That means we
10 didn't lose as much money as some of our
11 neighboring states when the federal government
12 changed the formula for collecting estate
13 taxes. But with this step we would go down
14 the road of doing exactly that, of attempting
15 to match our rules with the federal
16 government's, in my opinion, bad public policy
17 of lowering the taxes on the wealthiest
18 Americans and the wealthiest New Yorkers and
19 their estates.
20 For the record, the estate tax
21 itself only affects, on a national level, the
22 top 2 percent of households. And that the
23 amount of money that they are already saving,
24 thanks to the changes in the federal laws, are
25 in fact already substantial.
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1 For example, for estates worth up
2 to $2.5 million, the combined federal and
3 state estate taxes owed by the state of
4 between $1 million and $2.5 million -- I
5 couldn't find a $1.5 million analysis --
6 already dropped from $805,000 federal/state
7 combined to $533,000 federal/state combined,
8 because of the federal changes in law. So
9 these people have already saved approximately
10 $272,000 on the estates.
11 If in fact New York State increased
12 its exemption up to $1.5 million, we would be
13 increasing the tax savings to a population of
14 New Yorkers who truly are the least in need of
15 tax exemptions.
16 There are national studies that
17 have been done, and state-by-state studies,
18 making the argument against lowering the tax
19 revenue from estate taxes. There has been
20 refutation of the arguments that small
21 businesses have to be sold because of estate
22 taxes. There have been refutations of the
23 argument that family farms have to be sold
24 because of estate taxes. There have been
25 reports documenting that people don't choose
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1 where to move or retire based on the marginal
2 impact of their state's version of estate
3 taxes.
4 New York State so far has been
5 smart in not being coupled with the federal
6 government on their changes in estate taxes.
7 And I would argue that we should continue to
8 be smart and not to go down the road of
9 lowering the tax bills on estates of our
10 wealthiest constituents. They aren't the ones
11 who need the tax break. And unfortunately,
12 giving them these kinds of tax breaks results
13 in the State of New York having less money
14 available to fund the kinds of programs that
15 the less-well-to-do New Yorkers desperately
16 need.
17 So to close, this is not the
18 population who needs a tax cut. The State of
19 New York can't afford to give up the tax
20 revenue. It will not impact the economy of
21 the State of New York not to move forward with
22 this. And I think, as a statement about good
23 public policy, this is exactly the type of tax
24 cut we should not allow.
25 So I'll be voting no and hope my
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1 colleagues vote no.
2 Thank you, Mr. President.
3 SENATOR CONNOR: Mr. President.
4 ACTING PRESIDENT MEIER: Senator
5 Connor, why do you rise?
6 SENATOR CONNOR: I would ask if
7 the sponsor would yield.
8 ACTING PRESIDENT MEIER: Well, I
9 had a list going here, Senator Connor.
10 Senator Winner asked for recognition, and
11 then, if you don't mind, we'll do that and
12 then we'll recognize you.
13 Senator Winner.
14 SENATOR WINNER: Thank you, Mr.
15 President.
16 I am frankly astonished by the
17 argument I just heard with regard to the
18 estate tax. I've been around here a lot of
19 years, and one of the proudest moments we had
20 was when we lowered the estate tax in this
21 state to prevent Senator Krueger's
22 constituents from moving to Florida and
23 changing their residence. The people in her
24 district are the people that are paying these
25 estate taxes and the ones that are moving to
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1 Florida to escape the oppressive tax climate
2 in New York State.
3 Remember, those seniors that don't
4 move to Florida stay in New York and pay taxes
5 on the money they earn from dividends and
6 capital gains and the like, and not one dollar
7 of those revenues that are being retained by
8 those seniors are reflected in the statistics
9 that you just reiterated.
10 You're talking about pure numbers
11 about how much money we purportedly are losing
12 by people not paying higher taxes, when you
13 forget to attribute the fact that for years
14 and years and years the number-one complaint I
15 heard about senior citizens in New York State
16 is they want to get out of New York so that
17 their estates and their heirs will have the
18 money left to them rather than New York State
19 estate taxes.
20 Now to get up here and argue
21 against this, to me, is absolutely
22 preposterous. We should have never been
23 anything other than joined at the hip with
24 regard to the federal government on estate tax
25 policy, so that this state doesn't have an
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1 exodus of seniors of modest wealth going to
2 Florida or other places. We can't do anything
3 about the climate, the warm weather in
4 Florida, but we certainly can do something
5 about our tax climate to keep our seniors here
6 in New York State, living in our communities,
7 paying their taxes as they earn them year
8 after year, instead of going to other states
9 that have a more favorable tax climate.
10 So I commend the sponsor on this
11 particular measure. And I'm sorry that we
12 don't do more to couple ourselves with estate
13 tax exemptions. Because if you don't believe
14 that people vote with their feet by leaving
15 the state when the taxes are oppressive, you
16 haven't done a whole lot of tax counseling.
17 But I certainly have, and I've seen the
18 seniors from my area and others leave this
19 state, go to Florida, establish residency --
20 or establish residency in any state that is
21 more favorable -- and that's money that we are
22 definitely losing.
23 So rather than talking about a
24 $60 million problem, we should talk about the
25 millions and millions of dollars that we're
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1 receiving by having those seniors stay in
2 New York, get those capital gains, get those
3 dividends and get that other revenue that they
4 would be receiving and paying New York State
5 taxes on and which we are not getting if they
6 leave.
7 I vote in favor.
8 ACTING PRESIDENT MEIER: Senator
9 Connor.
10 SENATOR CONNOR: Thank you, Mr.
11 President. Would the sponsor yield for a
12 question.
13 ACTING PRESIDENT MEIER: Senator
14 Alesi, do you yield for a question?
15 SENATOR ALESI: I'd be happy to
16 yield, especially in the wake of Senator
17 Winner's comments, which so eloquently spoke
18 to the issue that I was about to. Thank you,
19 Senator Winner.
20 I'd be happy to yield to Senator
21 Connor.
22 SENATOR CONNOR: Thank you.
23 I have a simple question. I don't
24 have any notes in front of me, I don't have
25 any studies or statistics, I don't have
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1 anything to read. But I just have a simple
2 question. Does the sponsor know or have a
3 list of or know of any estates in probate that
4 would be relieved from tax burdens by this
5 law?
6 Because I note it's any decedent
7 who dies after January 1, 2005. And I'd like
8 to know -- we can't predict who's going to die
9 tomorrow, or, if this becomes law, the day
10 after it becomes law. I'd like to know what
11 estates are we forgiving from taxes. Is there
12 a list? Do you know of any?
13 Thank you, Mr. President.
14 SENATOR ALESI: Through you, Mr.
15 President, let me try to answer that as simply
16 as I can.
17 I don't prepare estate taxes, and I
18 don't have any knowledge of anybody's estate
19 preparation. I don't have any knowledge of
20 who's died recently or their circumstances.
21 This bill simply addresses a disparity between
22 the New York State estate tax credit and the
23 federal state tax credit.
24 SENATOR CONNOR: Thank you, Mr.
25 President. On the bill.
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1 ACTING PRESIDENT MEIER: Senator
2 Connor, on the bill.
3 SENATOR CONNOR: My father had a
4 saying, when I'd come home as a boy and I'd
5 say, Oh, gee, Mr. So-and-so died, he'd say,
6 "People are dying nowadays that never died
7 before."
8 Well, this bill provides tax relief
9 to people who have already died and are never
10 going to die again. It provides tax relief to
11 their estates.
12 In general, Mr. President, I agree
13 with most of the comments that Senator Winner
14 made. It was foolish for New York to not
15 track federal estate tax policy, because
16 people did walk. It's so easy to change
17 domicile. I've done it for clients for
18 different reasons in election matters. You
19 could change your domicile quite legitimately.
20 And people change domicile and go move to
21 Florida, move to other locations. As long as
22 you really move, you change your legal
23 domicile. There's no doubt about it.
24 The fact is, though -- and people
25 were leaving. So New York didn't really get a
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1 benefit.
2 The other fact is that a million
3 and a half dollars, Mr. President, may sound
4 like a huge estate. But remember, Senator
5 Krueger said these people don't need tax
6 relief. Well, they're not getting it, Mr.
7 President, they're dead. They're not getting
8 any benefit from it. They're not getting a
9 nickel of out of it. They're dead.
10 It's their heirs, their children.
11 Now, $1.5 million divided among two or three
12 kids -- a windfall? Well, Mr. President, how
13 many times this week have we talked about the
14 cost of housing here in New York City or
15 Nassau County or Suffolk or Westchester? Not
16 enough money for a child to let them buy a
17 house.
18 Oh, young children. College?
19 College is a couple hundred thousand dollars.
20 Add on graduate school. It's not so much
21 money anymore to be passed along to heirs,
22 particularly if there's more than one heir.
23 So I don't think it's an inordinate
24 relief to the heirs to the estate. I think
25 it's appropriate.
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1 I also think small business, if
2 you've got a small business -- I know, you
3 should have estate planning and you should do
4 all this. Come on, how many people do you
5 know have a small business? They don't live
6 like millionaires, they don't make millions of
7 dollars. They make a living, maybe a nice
8 living, on their small business. But if you
9 did an evaluation of it, oh, it's worth
10 $1.5 million, it's worth $2 million.
11 But they're not millionaires, and
12 they haven't been able to foist upon their
13 children -- "foist" is the wrong word, they
14 haven't been able to shower upon their
15 children great riches. They just own a small
16 business, a liquor store or whatever. They're
17 not showering their children with Mercedeses
18 and whatever. They're lucky if they can pay
19 for an education for them. And they make a
20 good living.
21 And they die. Maybe they'd like to
22 leave that business to their child so they can
23 make a good living at it. Oh, no, it's worth
24 $1.5 million, it's worth $2 million, you've
25 got to come up with a couple of hundred
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1 thousand dollars in estate taxes. And you
2 know what? You don't have the money. You
3 have the asset, but you don't have the cash.
4 Oh, sell the liquor store, the kid's got to
5 get a different job.
6 So I'm in favor of this estate tax
7 reform. But I'm voting against this bill, Mr.
8 President, because I don't like bills, I don't
9 like the fact that there's somebody -- and I
10 don't mean the sponsor. He answered, and I
11 take him at face value. Somebody out there
12 knows who gets the benefit right now.
13 Somebody out there.
14 There are people out there, they
15 know what estates have gone into probate since
16 January 1, 2005, until the day this becomes
17 law, and they know exactly what it's going to
18 save them. It's a couple of hundred thousand
19 dollar tax break for estates that have already
20 incurred the incidence of taxation the day of
21 being deceased.
22 And I don't think it's right. I
23 might feel more comfortable if somebody had a
24 printout -- gee, we had printouts on school
25 runs. We get printouts on all sorts of
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1 things. Can't we get, from the State Tax
2 Department, a printout of all those estates
3 that are liable for this estate tax that will
4 be forgiven? Because there is such a list, or
5 it could be generated.
6 And I don't like the fact that I'm
7 supposed to vote for a bill that I believe in,
8 in principle, but that's going to put money --
9 in effect, refund the money -- not change tax
10 liability, but refund large sums of money to
11 estates, and I don't know who they are. And I
12 suspect none of my colleagues know who they
13 are. But I assure everyone, Mr. President,
14 somebody knows who they are, and they know who
15 they are. And they must be awaiting this law
16 with bated breath.
17 So it's unfortunate that a good
18 bill that I would speak in favor of, and I'm
19 in favor of, I'm voting no on because I don't
20 need notes and everything to tell me that
21 January 1, 2005, was a while back.
22 Thank you, Mr. President.
23 SENATOR ALESI: On the bill.
24 ACTING PRESIDENT MEIER: Senator
25 Alesi, on the bill.
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1 SENATOR ALESI: There's several
2 things to say.
3 As I mentioned earlier, Senator
4 Winner touched on the salient points of why we
5 should be taking care of people that live in
6 this state. Not the least of which is to do
7 everything we can to keep families living here
8 and keep them from fleeing New York State to
9 avoid estate taxes.
10 But it's beyond me, listening to
11 the Senator implying that somebody is getting
12 some kind of special treatment through this
13 bill because they died sometime after
14 January 1st of 2005. Completely ignores the
15 fact that many people died after January 1st
16 of 2005 and, more importantly, many more
17 people will die after today and after session.
18 And at this pace, I'm sure someone will even
19 die of boredom.
20 (Laughter.)
21 SENATOR ALESI: But if a million
22 dollars or a million and a half dollars is
23 such an insignificant amount, even to the
24 2 percent of people that probably live in
25 Manhattan, then what's the big deal? I would
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1 just simply suggest that we all vote for it if
2 it's such an insignificant amount.
3 But it is not an insignificant
4 amount. There are people who will have to
5 sell their assets to pay their estate taxes,
6 because not every estate is that liquid, and
7 there's no other way to pay those taxes unless
8 you liquidate. And that is so unfair to
9 people that have worked hard all their lives.
10 And yes, people are leaving their
11 money to their heirs, but what's wrong with
12 that? What's wrong with leaving your money to
13 your spouse, your partner in building that
14 estate through all the years of sacrifice,
15 whether it's a farm or a small business, or
16 just saving because you worked for so much an
17 hour every week? I think it is absurd, as
18 Senator Winner said, if we don't do this.
19 But if you have no other reason, if
20 you can't embrace the argument I just gave,
21 from a technical standpoint doesn't it just
22 make sense to do what we've always done with
23 the tax law? We make it coincide with the
24 federal tax law, historically, in most cases.
25 It's true, a million dollars isn't
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1 what it used to be. I can't remember who said
2 that. But if it's an insignificant amount,
3 then it would seem to me that it would be
4 insignificant to support this bill. And I
5 urge my colleagues to do that.
6 ACTING PRESIDENT MEIER: Senator
7 Connor.
8 SENATOR CONNOR: Thank you, Mr.
9 President.
10 Just to be clear, I'm in favor of
11 this bill. I don't like the effective date,
12 because it is retroactive, and that means
13 somebody out there, somebody out there knows
14 who's getting the break retrospectively, I
15 guess is the word tax authorities use.
16 I would like this bill and I would
17 support it were it prospective from a
18 certain -- and I understand, Mr. President,
19 people can't pick the day they die. Well,
20 maybe they can, in some places in this
21 country. But people, in my opinion, shouldn't
22 ought to pick the day they die. And I don't
23 see the difference, then, why not last -- Mr.
24 President, why not change the effective date
25 to last December 24th and take pity on that
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1 estate, the guy died on Christmas. You know,
2 I don't understand this.
3 Make it July 1, 2005, and I'm for
4 it. And I'll speak for it, and I'll vote for
5 it. As it is now, I'm voting no.
6 ACTING PRESIDENT MEIER: Any
7 other member wish to be heard?
8 Debate is closed, then.
9 The Secretary will sound the bell.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MEIER: Announce
17 the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1587 are
20 Senators Andrews, Connor, Duane, L. Krueger,
21 Sabini, Sampson, Schneiderman, Serrano and
22 Stavisky.
23 Absent from voting: Senator
24 Bonacic.
25 Ayes, 51. Nays, 9.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 Senator Fuschillo.
4 SENATOR FUSCHILLO: Mr.
5 President, on Supplemental Calendar A, will
6 you please call up Calendar Number 1633, which
7 was previously laid aside.
8 ACTING PRESIDENT MEIER: The
9 Secretary will read Calendar 1633, from the
10 supplemental calendar.
11 THE SECRETARY: Calendar Number
12 1633, by Senator Bruno, Senate Print 5729, an
13 act to establish the Tech Valley High School.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 9. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Mr.
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1 President, is there any housekeeping at the
2 desk?
3 ACTING PRESIDENT MEIER: We have
4 some motions, Senator. Should we take those
5 now?
6 SENATOR FUSCHILLO: Please take
7 up the motions.
8 ACTING PRESIDENT MEIER: Motions
9 and resolutions.
10 Senator Nozzolio.
11 SENATOR NOZZOLIO: Mr. President,
12 on page 13 I offer the following amendments,
13 on behalf of Senator Fuschillo, to Calendar
14 Number 408, Print Number 3488.
15 ACTING PRESIDENT MEIER: The
16 amendments are received and adopted.
17 SENATOR NOZZOLIO: Mr. President,
18 on page --
19 ACTING PRESIDENT MEIER: Hold on
20 a second, Senator.
21 We've got to have some order in the
22 chamber so the stenographer can record the
23 motions, please.
24 Senator Nozzolio.
25 SENATOR NOZZOLIO: Thank you, Mr.
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1 President.
2 On behalf of Senator Spano, on page
3 25, I offer the following amendments to
4 Calendar Number 774, Print Number Senate 3906.
5 ACTING PRESIDENT MEIER: The
6 amendments are received and adopted.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Mr.
9 President, is there any further business at
10 the desk?
11 ACTING PRESIDENT MEIER: There is
12 no further business, Senator.
13 SENATOR FUSCHILLO: There being
14 no further business to come before the Senate,
15 I move we adjourn until Tuesday, June 21 -- is
16 there any further business at the desk?
17 ACTING PRESIDENT MEIER: We have
18 one more motion that just arrived at the desk,
19 Senator.
20 SENATOR FUSCHILLO: Please take
21 up the motion.
22 ACTING PRESIDENT MEIER: Senator
23 Nozzolio.
24 SENATOR NOZZOLIO: Mr. President,
25 on behalf of Senator Balboni, I wish to call
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1 up Print Number 2969A, recalled from the
2 Assembly, which is now at the desk.
3 ACTING PRESIDENT MEIER: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1278, by Senator Balboni, Senate Print 2969A,
7 an act to amend the General Municipal Law.
8 SENATOR NOZZOLIO: Mr. President,
9 I now move to reconsider the vote by which
10 this bill was passed.
11 ACTING PRESIDENT MEIER: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT MEIER: Senator
16 Nozzolio.
17 SENATOR NOZZOLIO: Mr. President,
18 I now offer the following amendments.
19 ACTING PRESIDENT MEIER: The
20 amendments are received and adopted.
21 Senator Fuschillo.
22 SENATOR FUSCHILLO: Mr.
23 President, is there any other business at the
24 desk?
25 ACTING PRESIDENT MEIER: That's
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1 it, Senator.
2 SENATOR FUSCHILLO: There being
3 no further business to come before the Senate,
4 I move we adjourn until Tuesday, June 21st, at
5 11:00 a.m.
6 ACTING PRESIDENT MEIER: On
7 motion, the Senate stands adjourned until
8 Tuesday, June 21st, at 11:00 a.m.
9 (Whereupon, at 7:06 p.m., the
10 Senate adjourned.)
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