Regular Session - June 21, 2005
4569
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 21, 2005
11 11:11 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT LITTLE: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT LITTLE: In the
10 absence of clergy, may we bow our heads in a
11 moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT LITTLE: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Monday, June 20, the Senate met pursuant to
18 adjournment. The Journal of Sunday, June 19,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT LITTLE: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Madam
9 President, on behalf of Senator Balboni, on
10 page number 47, I offer the following
11 amendments to Calendar Number 1331, Senate
12 Print Number 186B, and ask that said bill
13 retain its place on Third Reading Calendar.
14 ACTING PRESIDENT LITTLE: The
15 amendments are received, and the bill will
16 retain its place on the Third Reading
17 Calendar.
18 Senator Fuschillo.
19 SENATOR FUSCHILLO: Are there any
20 substitutions at the desk?
21 ACTING PRESIDENT LITTLE: Yes,
22 Senator.
23 SENATOR FUSCHILLO: If you would
24 please take them up.
25 ACTING PRESIDENT LITTLE: The
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1 Secretary will read.
2 THE SECRETARY: On page 19,
3 Senator Robach moves to discharge, from the
4 Committee on Rules, Assembly Bill Number 7187
5 and substitute it for the identical Senate
6 Bill Number 4216, Third Reading Calendar 645.
7 On page 20, Senator Maziarz moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 2676 and substitute it
10 for the identical Senate Bill Number 4881,
11 Third Reading Calendar 687.
12 On page 21, Senator Maltese moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 1280B and substitute it
15 for the identical Senate Bill Number 2517B,
16 Third Reading Calendar 695.
17 On page 22, Senator Volker moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 2349B and substitute it
20 for the identical Senate Bill Number 1219A,
21 Third Reading Calendar 731.
22 On page 25, Senator Balboni moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 6362B and substitute it
25 for the identical Senate Bill Number 4289B,
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1 Third Reading Calendar 783.
2 On page 26, Senator Wright moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 5608B and substitute it
5 for the identical Senate Bill Number 3249B,
6 Third Reading Calendar 810.
7 On page 30, Senator Volker moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 8178B and substitute it
10 for the identical Senate Bill Number 4343B,
11 Third Reading Calendar 898.
12 On page 31, Senator Valesky moves
13 to discharge, from the Committee on Local
14 Government, Assembly Bill Number 3652A and
15 substitute it for the identical Senate Bill
16 Number 1738A, Third Reading Calendar 937.
17 On page 34, Senator Alesi moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 7925A and substitute it
20 for the identical Senate Bill Number 1075A,
21 Third Reading Calendar 1010.
22 On page 37, Senator Robach moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 7059 and substitute it
25 for the identical Senate Bill Number 3187,
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1 Third Reading Calendar 1081.
2 On page 40, Senator Golden moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 5957A and substitute it
5 for the identical Senate Bill Number 4089B,
6 Third Reading Calendar 1178.
7 On page 40, Senator Saland moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 75A and substitute it for
10 the identical Senate Bill Number 4225A, Third
11 Reading Calendar 1180.
12 On page 41, Senator Saland moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 6082B and substitute it
15 for the identical Senate Bill Number 5050A,
16 Third Reading Calendar 1190.
17 On page 42, Senator Maziarz moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 5394A and substitute it
20 for the identical Senate Bill Number 4476A,
21 Third Reading Calendar 1222.
22 On page 45, Senator Marcellino
23 moves to discharge, from the Committee on
24 Rules, Assembly Bill Number 6761B and
25 substitute it for the identical Senate Bill
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1 Number 890B, Third Reading Calendar 1267.
2 On page 45, Senator Volker moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 7020 and substitute it
5 for the identical Senate Bill Number 3118,
6 Third Reading Calendar 1279.
7 On page 48, Senator Skelos moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 4466A and substitute it
10 for the identical Senate Bill Number 4811A,
11 Third Reading Calendar 1369.
12 And on page 51, Senator Skelos
13 moves to discharge, from the Committee on
14 Rules, Assembly Bill Number 8737 and
15 substitute it for the identical Senate Bill
16 Number 5659, Third Reading Calendar 1567.
17 ACTING PRESIDENT LITTLE:
18 Substitutions ordered.
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: Madam
21 President, please adopt the Resolution
22 Calendar, with the exception of Resolution
23 2529.
24 ACTING PRESIDENT LITTLE: All in
25 favor of adopting the Resolution Calendar,
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1 with the exception of Resolution Number 2529,
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT LITTLE:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT LITTLE: The
8 Resolution Calendar is adopted.
9 Senator Fuschillo.
10 SENATOR FUSCHILLO: Madam
11 President, may we please have the reading of
12 the noncontroversial calendar.
13 ACTING PRESIDENT LITTLE: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 63, by Senator Little, Senate Print 1052, an
17 act to amend the Environmental Conservation
18 Law.
19 ACTING PRESIDENT LITTLE: There
20 is a local fiscal impact statement at the
21 desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT LITTLE: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 39.
4 ACTING PRESIDENT LITTLE: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 113, by Senator Marcellino, Senate Print
8 1771B, an act to amend the Public Health Law.
9 ACTING PRESIDENT LITTLE: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT LITTLE: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 39.
17 ACTING PRESIDENT LITTLE: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 114, by Senator DeFrancisco, Senate Print
21 217A, an act to amend the Vehicle and Traffic
22 Law.
23 ACTING PRESIDENT LITTLE: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT LITTLE: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 39.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 211, by Senator Sampson, Senate Print 742, an
10 act to amend the Penal Law.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the 90th day.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 41.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 318, by Senator Fuschillo, Senate Print 3344A,
23 an act to amend the General Business Law.
24 ACTING PRESIDENT LITTLE: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT LITTLE: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 41.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 319, by Member of the Assembly Brennan,
11 Assembly Print Number 4254A, an act to amend
12 the State Technology Law and the General
13 Business Law.
14 ACTING PRESIDENT LITTLE: Read
15 the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the 120th day.
18 ACTING PRESIDENT LITTLE: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 41.
22 ACTING PRESIDENT LITTLE: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 411, by Senator Skelos, Senate Print 495A, an
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1 act to amend the Correction Law.
2 ACTING PRESIDENT LITTLE: Read
3 the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41.
10 ACTING PRESIDENT LITTLE: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 460, by Senator Spano, Senate Print 2899, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT LITTLE: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 42.
24 ACTING PRESIDENT LITTLE: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 508, by Member of the Assembly Parment,
3 Assembly Print Number 6353, an act to amend
4 the Tax Law.
5 ACTING PRESIDENT LITTLE: There
6 is a local fiscal impact statement at the
7 desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT LITTLE: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 41. Nays,
15 1. Senator Valesky recorded in the negative.
16 ACTING PRESIDENT LITTLE: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 523, by Senator Meier, Senate Print 2321, an
20 act to amend the General Municipal Law.
21 ACTING PRESIDENT LITTLE: There
22 is a local fiscal impact note at the desk.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 42.
5 ACTING PRESIDENT LITTLE: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 548, by Senator LaValle, Senate Print 3744A,
9 an act to amend the Education Law.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 42.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 713, by Senator LaValle, Senate Print 1003, an
22 act to amend the Penal Law.
23 SENATOR SABINI: Lay it aside.
24 ACTING PRESIDENT LITTLE: The
25 bill is laid aside.
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1 THE SECRETARY: Calendar Number
2 729, by Senator Bonacic, Senate Print 268A, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 45.
12 ACTING PRESIDENT LITTLE: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 781, by the Senate Committee on Rules, Senate
16 Print Number 4079A, an act to amend the Tax
17 Law.
18 ACTING PRESIDENT LITTLE: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT LITTLE: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 45.
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1 ACTING PRESIDENT LITTLE: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 801, by Senator Morahan, Senate Print 4775A,
5 an act to amend the Mental Hygiene Law.
6 ACTING PRESIDENT LITTLE: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT LITTLE: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 45.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 816, by Senator Leibell, Senate Print 4537A,
18 an act to amend the Not-For-Profit Corporation
19 Law.
20 ACTING PRESIDENT LITTLE: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT LITTLE: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 45.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 837, by Senator Farley, Senate Print 4388A, an
7 act to amend Chapter 223 of the Laws of 1996.
8 ACTING PRESIDENT LITTLE: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT LITTLE: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 45.
16 ACTING PRESIDENT LITTLE: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 840, by Senator LaValle, Senate Print 419A, an
20 act to amend the Education Law.
21 ACTING PRESIDENT LITTLE: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT LITTLE: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 45.
4 ACTING PRESIDENT LITTLE: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 875, by Member of the Assembly Tonko, Assembly
8 Print Number 8176, an act to amend the
9 Long-Term Care Integration and Finance Act of
10 1997.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 SENATOR SABINI: Lay it aside.
14 ACTING PRESIDENT LITTLE: The
15 bill is laid aside.
16 THE SECRETARY: Calendar Number
17 898, substituted earlier today by Member of
18 the Assembly A. Cohen, Assembly Print Number
19 8178B, an act to amend the Civil Practice Law
20 and Rules.
21 ACTING PRESIDENT LITTLE: Read
22 the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect on the first of January
25 next succeeding.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 47.
5 ACTING PRESIDENT LITTLE: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 990, by Member of the Assembly Gottfried,
9 Assembly Print Number 6620, an act to amend
10 Chapter 521 of the Laws of 1994.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 47.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 962, by Member of the Assembly Thiele,
23 Assembly Print Number 7469B, an act to
24 authorize the Independent Group Home Living
25 Program, Inc.
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1 ACTING PRESIDENT LITTLE: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT LITTLE: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 47.
9 ACTING PRESIDENT LITTLE: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 997, by Senator Maziarz, Senate Print 3335, an
13 act --
14 SENATOR FUSCHILLO: Lay it aside
15 for the day, please.
16 ACTING PRESIDENT LITTLE: The
17 bill is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 1010, substituted earlier today by Member of
20 the Assembly Lafayette, Assembly Print Number
21 7925A, an act to amend the General Business
22 Law.
23 ACTING PRESIDENT LITTLE: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 180th day.
2 ACTING PRESIDENT LITTLE: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 47.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1020, by Senator Fuschillo, Senate Print 5178,
10 an act to amend the General Business Law.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 47.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 The Secretary will read Calendar
22 Number 989.
23 THE SECRETARY: Calendar Number
24 989, by Member of the Assembly Gottfried,
25 Assembly Print Number 6618, an act to amend
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1 Chapter 884 of the Laws of 1990.
2 ACTING PRESIDENT LITTLE: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 47.
10 ACTING PRESIDENT LITTLE: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1076, by Senator Volker, Senate Print 2415B,
14 an act to amend the Civil Service Law.
15 ACTING PRESIDENT LITTLE: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT LITTLE: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 47.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1113, by Senator Hannon, Senate Print 4798A,
2 an act authorizing the assessors of the
3 Village of Hempstead in the County of Nassau.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 47.
12 ACTING PRESIDENT LITTLE: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1146, by Member of the Assembly Stringer,
16 Assembly Print Number 1377C, an act to amend
17 the Insurance Law.
18 ACTING PRESIDENT LITTLE: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the --
22 SENATOR SABINI: Lay it aside.
23 ACTING PRESIDENT LITTLE: The
24 bill is laid aside.
25 THE SECRETARY: Calendar Number
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1 1149, by Senator Spano, Senate Print 5406, an
2 act prohibiting any employer from issuing
3 checks.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect one year after the date.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 47.
12 ACTING PRESIDENT LITTLE: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1175, by Senator Padavan, Senate Print 1788,
16 an act to amend the Agriculture and Markets
17 Law.
18 ACTING PRESIDENT LITTLE: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 120th day.
22 ACTING PRESIDENT LITTLE: Senator
23 Sabini, to explain his vote.
24 SENATOR SABINI: Thank you, Madam
25 President.
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1 For the second day in a row, I find
2 myself complimenting Senator Padavan on a
3 bill.
4 This bill is important because it's
5 not a well-known fact, but in other countries
6 they are now seeking to purchase our
7 racehorses, particularly our champions, for
8 menu items. Kentucky Derby winner Ferdinand
9 was on a special banquet in Japan a few years
10 ago. And some feel that it's not only
11 inhumane, but in some ways anti-American, that
12 they -- other countries are seeking to do
13 this.
14 And I commend Senator Padavan and
15 Congressman John Sweeney, who is leading the
16 effort in the House of Representatives
17 nationally, to prohibit us from using our
18 racehorses, after they're finished with their
19 careers, as food products in other countries.
20 I'm voting aye and congratulate the
21 sponsor.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 46. Nays,
2 1. Senator Seward recorded in the negative.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1190, substituted earlier today by Member of
7 the Assembly DiNapoli, Assembly Print Number
8 6082B, an act to amend the Education Law.
9 ACTING PRESIDENT LITTLE: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT LITTLE: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 47.
17 ACTING PRESIDENT LITTLE: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1198, by Senator Seward, Senate Print 4719A,
21 an act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT LITTLE: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 47.
5 ACTING PRESIDENT LITTLE: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1249, by Member of the Assembly Nesbitt,
9 Assembly Print Number 4953A, an act to amend
10 the Correction Law.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 47.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1257, by Senator Bonacic, Senate Print 4656B,
23 an act to amend the Correction Law.
24 ACTING PRESIDENT LITTLE: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT LITTLE: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 47.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1263, by Senator Rath, Senate Print 3541, an
11 act to amend the Social Services --
12 SENATOR SABINI: Lay it aside.
13 ACTING PRESIDENT LITTLE: The
14 bill is laid aside.
15 THE SECRETARY: Calendar Number
16 1266, by Senator Skelos, Senate Print 494B, an
17 act to amend the Education Law.
18 ACTING PRESIDENT LITTLE: Read
19 the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT LITTLE: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 47.
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1 ACTING PRESIDENT LITTLE: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1267, substituted earlier today by Member of
5 the Assembly DiNapoli, Assembly Print Number
6 6761B, an act to amend the Education Law and
7 the General Municipal Law.
8 ACTING PRESIDENT LITTLE: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT LITTLE: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 47.
16 ACTING PRESIDENT LITTLE: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1271, by Senator Saland, Senate Print 5048B,
20 an act to amend the Education Law.
21 ACTING PRESIDENT LITTLE: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of July.
25 ACTING PRESIDENT LITTLE: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 47.
4 ACTING PRESIDENT LITTLE: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1310, by Member of the Assembly Nolan,
8 Assembly Print Number 8064, an act to amend
9 the Banking Law and the State Finance Law.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 47.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1316, by Member of the Assembly Brodsky,
22 Assembly Print Number 7518, an act to amend
23 the Education Law.
24 ACTING PRESIDENT LITTLE: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 ACTING PRESIDENT LITTLE: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 47.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1352, by Senator Brown, Senate Print 4776A, an
11 act to amend the Economic Development Law.
12 ACTING PRESIDENT LITTLE: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT LITTLE: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 47.
20 ACTING PRESIDENT LITTLE: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1356, by Senator Padavan, Senate Print 407, an
24 act to amend the Vehicle and Traffic Law.
25 SENATOR SABINI: Lay it aside,
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1 please.
2 ACTING PRESIDENT LITTLE: The
3 bill is laid aside.
4 THE SECRETARY: Calendar Number
5 1369, substituted earlier today by Member of
6 the Assembly DiNapoli, Assembly Print Number
7 4466A, an act to amend the Executive Law.
8 ACTING PRESIDENT LITTLE: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT LITTLE: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 47.
16 ACTING PRESIDENT LITTLE: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1372, by Senator Alesi, Senate Print 5024A, an
20 act to amend the Vehicle and Traffic Law and
21 the State Finance Law.
22 ACTING PRESIDENT LITTLE: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the 180th day.
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1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 47.
5 ACTING PRESIDENT LITTLE: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1428, by Senator Wright, Senate Print 5532A,
9 an act to amend the Penal Law.
10 SENATOR SABINI: Lay it aside.
11 ACTING PRESIDENT LITTLE: The
12 bill is laid aside.
13 THE SECRETARY: Calendar Number
14 1444, by Senator Robach, Senate Print 5379A,
15 an act to amend the Civil Service Law.
16 ACTING PRESIDENT LITTLE: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 47.
24 ACTING PRESIDENT LITTLE: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1513, by Senator Winner, Senate Print 4835A,
3 an act to amend the Environmental Conservation
4 Law.
5 ACTING PRESIDENT LITTLE: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT LITTLE: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 47.
13 ACTING PRESIDENT LITTLE: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1524, by Senator Nozzolio, Senate Print 5522A,
17 an act to amend the Agriculture and Markets
18 Law.
19 ACTING PRESIDENT LITTLE: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT LITTLE: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 47.
2 ACTING PRESIDENT LITTLE: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1529, by Senator Winner, Senate Print 5611A,
6 an act to amend the Public Officers Law.
7 ACTING PRESIDENT LITTLE: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT LITTLE: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 47.
15 ACTING PRESIDENT LITTLE: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1563, by Senator Balboni, Senate Print 5641,
19 an act to amend the General Municipal Law.
20 ACTING PRESIDENT LITTLE: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT LITTLE: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 47.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1567, substituted earlier today by the
7 Assembly Committee on Rules, Assembly Print
8 Number 8737, an act to amend the Education
9 Law.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect July 1, 2005.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 47.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1584, by Senator Trunzo, Senate Print 4137A,
22 an act in relation to giving Thomas J. Deluca
23 credit.
24 ACTING PRESIDENT LITTLE: Read
25 the last section.
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1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT LITTLE: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 47.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1590, by Senator Saland, Senate Print 5424A,
11 an act to authorize the City of Beacon.
12 ACTING PRESIDENT LITTLE: Read
13 the last section.
14 THE SECRETARY: Section 9. This
15 act shall take effect immediately.
16 ACTING PRESIDENT LITTLE: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 47.
20 ACTING PRESIDENT LITTLE: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1602, by Senator Padavan, Senate Print 5620,
24 an act to amend the Real Property Tax Law.
25 SENATOR SABINI: Lay it aside.
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1 ACTING PRESIDENT LITTLE: The
2 bill is laid aside.
3 THE SECRETARY: Calendar Number
4 1615, by Senator Maltese, Senate Print 4737B,
5 an act to amend the Public Officers Law.
6 ACTING PRESIDENT LITTLE: Read
7 the last section.
8 SENATOR SABINI: Lay it aside.
9 ACTING PRESIDENT LITTLE: The
10 bill is laid aside.
11 THE SECRETARY: Calendar Number
12 1626, by Senator Spano, Senate Print 5655A, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT LITTLE: Read
15 the last section.
16 SENATOR SABINI: Lay it aside.
17 ACTING PRESIDENT LITTLE: The
18 bill is laid aside.
19 THE SECRETARY: Calendar Number
20 1627, by Senator Little, Senate Print 5664 --
21 SENATOR SABINI: Lay it aside.
22 ACTING PRESIDENT LITTLE: The
23 bill is laid aside.
24 THE SECRETARY: Calendar Number
25 1628, by Senator Alesi, Senate Print 5678, an
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1 act to amend the Tax Law.
2 ACTING PRESIDENT LITTLE: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT LITTLE: Senator
10 Krueger, to explain her vote.
11 SENATOR LIZ KRUEGER: Thank you,
12 Madam President.
13 While I've been known to speak out
14 against tax-reduction bills on this floor
15 frequently, and I will highlight that this
16 bill would result in a $192 million estimated
17 loss of tax revenue to the State of New York,
18 and we should always factor in how we're going
19 to make up that money or whether we can afford
20 to lose tax revenue, as I've said frequently,
21 I actually am happy to support this bill today
22 because it addresses a marriage penalty, an
23 unfair and inequitable tax structure where
24 married people and unmarried people of the
25 same income levels are in fact treated
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1 differently.
2 So since I frequently stand to
3 object to tax-reduction bills, I thought I
4 would stand to say that I support this bill
5 and think it's good tax policy.
6 Thank you, Madam President. I'll
7 be voting for the bill.
8 ACTING PRESIDENT LITTLE: Thank
9 you, Senator. You will be recorded in the
10 affirmative.
11 The Secretary will announce the
12 results.
13 THE SECRETARY: Ayes, 47.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 Senator Bruno, that completes the
17 reading of the noncontroversial calendar.
18 SENATOR BRUNO: Madam President,
19 can we recognize Senator Duane.
20 ACTING PRESIDENT LITTLE: I'm
21 sorry, I apologize.
22 Senator Duane.
23 SENATOR DUANE: Thank you, Madam
24 President.
25 Unfortunately, due to a small
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1 family emergency, I was out of the chamber for
2 Calendar Number 411. Had I been in the
3 chamber, I would have voted no on Calendar
4 Number 411.
5 ACTING PRESIDENT LITTLE: Thank
6 you. The record will so reflect that.
7 Senator Bruno.
8 SENATOR BRUNO: Madam President,
9 I believe that I have a privileged resolution
10 at the desk. I would ask that it be read in
11 its entirety and move for its immediate
12 adoption.
13 ACTING PRESIDENT LITTLE: Motions
14 and resolutions.
15 The Secretary will read.
16 THE SECRETARY: By Senator Bruno,
17 Legislative Resolution Number 2529, honoring
18 the Saratoga Performing Arts Center upon the
19 occasion of its 40th Anniversary.
20 "WHEREAS, The arts, in whatever
21 form depicted, are central to human
22 expression. They are truly a universal
23 language, and their contribution to the
24 development of friendship and understanding
25 among all peoples cannot be overestimated; and
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1 "WHEREAS, The history, the
2 heritage, and the lives of the people of all
3 countries and all cultures are portrayed in
4 their music and dance; the art and act of
5 sharing them enriches us altogether; and
6 "WHEREAS, It is the sense of this
7 Legislative Body to recognize and commend
8 those musical organizations that have brought
9 entertainment and cultural enrichment to the
10 citizens of the great State of New York; and
11 "WHEREAS, Attendant to such
12 concern, and in full accord with its
13 long-standing traditions, this Legislative
14 Body is justly proud to honor the Saratoga
15 Performing Arts Center upon the occasion of
16 its 40th Anniversary; and
17 "WHEREAS, In early February 1961,
18 Albany newspaperman Duane La Fleche noted a
19 wire service report about a group hoping to
20 entice the New York Philharmonic to make
21 Stowe, Vermont, its summer residence; and
22 "WHEREAS, This report set off a
23 chain reaction of historic proportions. Local
24 civic, cultural and legislative leaders, who
25 had previously considered a Saratoga Arts
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1 Center an interesting possibility, were
2 galvanized into action; and
3 "WHEREAS, Within a week, they held
4 their first meeting. Within a month, they
5 were focusing on Saratoga Spa State Park as
6 the site, which had won the support of State
7 Conservation Commissioner Harold Wilm, and had
8 begun discussions with both the Philharmonic
9 and New York City Ballet; and
10 "WHEREAS, The group funded start-up
11 costs out of their own pockets. Then came the
12 more formidable challenge of demonstrating
13 community-wide support to foundations and
14 philanthropists whose backing would be
15 critical. The community came through in
16 record time; and
17 "WHEREAS, By summer 1963, generous
18 contributions from the Rockefeller Brothers
19 Fund and New York State supplemented community
20 support to ensure that the dream would become
21 reality; and
22 "WHEREAS, The New York City
23 Ballet's George Balanchine joined the
24 development board, and together with Lincoln
25 Kirstein helped define both the physical form
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1 and artistic agenda of the Saratoga Performing
2 Arts Center. Soon, The Philadelphia Orchestra
3 came into the picture, with artistic director
4 Eugene Ormandy offering his input; and
5 "WHEREAS, In February 1964, Richard
6 Leach became the first executive director of
7 the Saratoga Performing Arts Center, adding
8 his programming experience at Lincoln Center
9 to the mix. Shortly thereafter, The
10 Philadelphia Orchestra and New York City
11 Ballet formalized their commitments, and
12 construction could begin; and
13 "WHEREAS, On July 19, 1966, New
14 York City Ballet conductor Robert Irving
15 raised his baton, and George Balanchine's 'A
16 Midsummer Night's Dream' enchanted the
17 opening-night audience at the Saratoga
18 Performing Arts Center; and
19 "WHEREAS, The Saratoga Performing
20 Arts Center Amphitheatre was created as a
21 nurturing environment for great art. In every
22 detail, it was conceived for performances and
23 performers; and
24 "WHEREAS, For architect Arnold H.
25 Vollmer, dance was the primary concern in
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1 designing the stage itself. Honoring the
2 wishes of George Balanchine and Kirstein,
3 flooring of cypress and pine layered in a
4 basketweave pattern for maximum resilience was
5 installed on the stage and in a rehearsal
6 studio of identical dimensions; and
7 "WHEREAS, Acoustical engineer Paul
8 S. Veneklassen faced the challenge of
9 producing optimal sound inside the enormous
10 open-sided amphitheatre. With insights from
11 the artistic director of The Philadelphia
12 Orchestra, Eugene Ormandy, and working with a
13 scale model and exotic testing devices, he
14 designed an exotic series of baffles and
15 sound-reflecting surfaces that draw out the
16 full depth of the music, making the Saratoga
17 Performing Arts Center one of the world's
18 acoustically acclaimed outdoor performance
19 venues; and
20 "WHEREAS, As the Saratoga
21 Performing Arts Center's Amphitheatre offers
22 grandeur, the Spa Little Theatre offers
23 intimacy, and a rare sense of involvement that
24 suspends time and banishes mundane concerns;
25 and
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1 "WHEREAS, In various seasons, the
2 Spa Little Theatre has hosted events ranging
3 from drama to chamber music to modern dance,
4 including Director John Houseman's renowned
5 Repertory Company and the Saratoga Chamber
6 Music Festival under Music Director Chantal
7 Juillet, as well as adventurous dance
8 companies from Twyla Tharp to Merce Cunningham
9 and Bella Lewitsky; and
10 "WHEREAS, The New York City Ballet
11 will pay tribute to its 40-year Saratoga
12 Performing Arts Center heritage, opening on
13 July 5, 2005, with 'A Midsummer Night's
14 Dream,' which was performed the very first
15 night of SPAC's inaugural session. In
16 addition, several ballets by famed Broadway
17 choreographer and director Jerome Robbins,
18 including 'Glass Pieces,' 'Fanfare and
19 Concertino,' 'Swan Lake,' 'Agon,'
20 'Harlequinade,' and 'Ballo Della Regina,' will
21 be presented, as well as three works new to
22 SPAC: 'Octet,' by NYCB Ballet Master-in-Chief
23 Peter Martins, and two new works by the
24 company's resident choreographer, Christopher
25 Wheeldon; and
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1 "WHEREAS, The Saratoga Chamber
2 Music Festival will present seven concerts
3 under the music direction of renowned Canadian
4 violinist Chantal Juillet, August 2 through
5 21, 2005, to celebrate Saratoga Performing
6 Arts Center's 40th Anniversary season.
7 Highlights of the performance season include
8 an opening-night recital by violinist Lisa
9 Batiashvili and her husband, Francois Leleux,
10 on oboe, with brilliant pianist Jean-Yves
11 Thibaudet; Ranjbaran premieres; piano
12 performances by Emanuel Ax and Andre Watts;
13 cellist Daniel Muller-Schott; The Chris
14 Brubeck Quartet; an evening with acclaimed
15 violinist Gil Shaham and Skidmore College
16 Senior Artist-in-Residence Joel Brown on
17 guitar; and a spectacularly unique evening
18 with native Argentine pianist Martha Argerich
19 and her 19-year-old Budapest-born protege,
20 Geza Szilvay, on violin; and
21 "WHEREAS, To celebrate the 40th
22 Anniversary of the Saratoga Performing Arts
23 Center, a remarkable roster of classical
24 soloists will join The Philadelphia Orchestra
25 and Maestro Charles Dutoit, principal
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1 conductor and artistic director of the
2 orchestra's Saratoga season, including Itzhak
3 Perlman, Emanuel Ax, Andre Watts, Yo-Yo Ma,
4 Martha Argerich, Jean-Yves Thibaudet, Pulitzer
5 Prize-winner Marvin Hamlisch, Behzad
6 Ranjbaran, Lisa Batiashvili, Gil Shaham, Van
7 Cliburn, and Chantal Juillet; and
8 "WHEREAS, It is the sense of this
9 Legislative Body that when organizations of
10 such noble aims and accomplishments are
11 brought to our attention, they should be
12 celebrated and recognized by all the citizens
13 of the great State of New York; now,
14 therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to honor the
17 Saratoga Performing Arts Center upon the
18 occasion of its 40th Anniversary; and be it
19 further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted
22 to the Saratoga Performing Arts Center."
23 ACTING PRESIDENT LITTLE: Senator
24 Bruno.
25 SENATOR BRUNO: Thank you, Madam
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1 President and colleagues.
2 It is very, very fitting that we
3 pass a resolution honoring and recognizing the
4 40th anniversary of the Performing Arts Center
5 of Saratoga. It has been, for forty years,
6 founded with people in the Capital Region, all
7 over the state, I believe under the leadership
8 of then-Governor Rockefeller, and it has
9 brought culture, the arts, economic impact,
10 people literally from all over the world.
11 Celebrities go there, perform there. It
12 really is one of the largest and biggest, best
13 assets that we have in the Capital Region.
14 There probably isn't anyone here
15 that hasn't been there, your families that
16 haven't been there, your neighbors, your
17 constituents. It is just tremendous to have.
18 My colleague Senator Balboni, who
19 joins Senator Fuschillo, was observing that he
20 believes that Picasso said something like:
21 The arts help you brush off the dust of the
22 day. How profound is that? I think Senator
23 Balboni actually made that up.
24 (Laughter.)
25 SENATOR BRUNO: But how
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1 appropriate -- you think about it -- after a
2 day to go and just enjoy the music, whatever
3 presentation is taking place, and the
4 acoustical soundness of that amphitheater.
5 We're very, very fortunate Marcia
6 White is here, with many of the board members
7 from SPAC, who are extremely busy but are
8 providing their time, their energy, their
9 enlightenment to support Marcia White as the
10 president and to support the good works of the
11 Performing Arts Center in the Capital Region
12 and this state.
13 So we are indebted to you for your
14 personal commitment. And Marcia White, having
15 spent the previous twenty years in the Senate,
16 knows how to manage, she knows how to lead,
17 she knows how to get things done. And since
18 she's been there, everything has turned around
19 and is headed in a bigger, better, greater,
20 wider horizon.
21 And, Marcia, congratulations to
22 you. Congratulations to the board. And we
23 look forward, truly, with your leadership,
24 with the support that you have, support of the
25 colleagues here and so many other people that
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1 would like to be here, we look forward to one
2 of the most successful seasons that you've
3 ever had in the last 40 years, and for at
4 least 40 more years.
5 And Marcia and the board have
6 committed their service for the next 40 years.
7 And who knows, we might be back here, Marcia,
8 40 years from now, and I may have another
9 resolution up.
10 So congratulations and thank you
11 for your good work and for all of the support
12 that you give people in the Capital Region and
13 this state. You are a tremendous asset.
14 We're honored to be honoring and recognizing
15 you here on the floor of the Senate.
16 Thank you, Madam President.
17 THE PRESIDENT: Senator Farley.
18 SENATOR FARLEY: Thank you, Madam
19 President.
20 I think that you know, as a person
21 that comes from the Capital District, that the
22 Saratoga Performing Arts is a state treasure,
23 it truly is. And the remarkable turnaround
24 that has happened as a result of Marcia White
25 and that new board is truly remarkable.
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1 And the support that our Majority
2 Leader has given the Saratoga Performing Arts
3 is really outstanding. And I know that, as
4 somebody that shares Saratoga with Senator
5 Bruno, how proud we are of what has happened
6 up there.
7 And this is -- as I said, this is
8 truly a turnaround. And the way that the
9 community and the entire Capital District have
10 stepped up to save SPAC, it's truly an
11 anniversary that needs to be recognized.
12 And I rise in support of this
13 resolution and congratulate Marcia White and
14 her board on the tremendous turnaround that
15 has happened up there.
16 Thank you, Madam President.
17 THE PRESIDENT: Senator Breslin.
18 SENATOR BRESLIN: Thank you,
19 Madam President.
20 I too join with Senator Farley and
21 Senator Bruno in commending the new board, but
22 most especially its new president, who I think
23 has generated a renewed excitement in the
24 Capital District. I think you can actually
25 call it a renaissance. People are now talking
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1 about the ballet like they haven't in the past
2 twenty years. They're talking about the
3 orchestra, they're talking about the events
4 that are taking place this summer.
5 And as I look up and see friends of
6 mine who are on the board, who were each and
7 every one of them selected for particular
8 values and skills that they bring, and I
9 commend each and every one of you for offering
10 your time and you, Marcia, for undertaking a
11 greatly of responsibility, but a
12 responsibility that you can handle
13 effortlessly.
14 And I look forward to being at the
15 Spa so many times this summer. And again, a
16 wonderful resolution.
17 Thank you, Madam President.
18 THE PRESIDENT: The question,
19 then, is on the resolution. All in favor
20 please signify by saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The resolution is
25 adopted.
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1 And congratulations and best wishes
2 for many, many more years of similar success.
3 (Extended applause.)
4 SENATOR BRUNO: Madam President,
5 can we open this resolution up to anyone that
6 is here on the floor.
7 THE PRESIDENT: Yes.
8 SENATOR BRUNO: And if you'd
9 rather not be on the resolution, would you
10 privately address the desk.
11 Thank you, Madam President.
12 THE PRESIDENT: Thank you,
13 Senator Bruno.
14 Any member who does not wish to
15 cosponsor the last resolution, please notify
16 the desk.
17 Senator Bruno.
18 SENATOR BRUNO: Madam President,
19 can we at this time go to the controversial
20 reading of the calendar.
21 THE PRESIDENT: The Secretary
22 will ring the bell, and the members should
23 return to their seats so we can commence with
24 the controversial calendar.
25 Senator Breslin.
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1 SENATOR BRESLIN: Thank you,
2 Madam President.
3 On Resolution 2532, which is
4 commending POW Jessica Lynch, who will appear
5 at the Teresian House, I would like to open it
6 up for all members of the Senate. And if
7 anyone wishes not to be on it, to notify the
8 desk.
9 And I also applaud and commend
10 Senator Larkin for bringing this to my
11 attention.
12 THE PRESIDENT: Senator
13 Fuschillo, at the request of Senator Breslin,
14 are you in agreement with opening up Senate
15 Resolution 2532 for sponsorship?
16 SENATOR FUSCHILLO: Yes, Madam
17 President.
18 THE PRESIDENT: Then any member
19 who does not want to cosponsor the proposed
20 resolution, please notify the desk. Thank
21 you.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 713, by Senator LaValle, Senate Print 1003, an
25 act to amend the Penal Law.
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1 SENATOR SABINI: Explanation.
2 THE PRESIDENT: Senator LaValle,
3 an explanation has been requested.
4 SENATOR LaVALLE: Thank you,
5 Madam President.
6 During the last couple of weeks, we
7 have passed a plethora of bills, I don't know
8 how many, dealing with sexual predators,
9 sexual assault. And we have talked about
10 various approaches on how to deal with the
11 problem that is very, very vexing in our
12 society today.
13 I think many people would not have
14 believed that we as a legislature, in trying
15 to deal with the protection of our --
16 particularly of our young people, would be
17 using a GPS system to be able to track and
18 keep surveillance on people who have a
19 problem.
20 Today we are discussing a bill --
21 and I must say, years ago when I had filed
22 this bill -- it goes back maybe six, seven,
23 eight years ago -- a lot of people snickered.
24 A lot of people said this bill really goes too
25 far. But when we look at the context of the
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1 year 2005 and all the different kinds of
2 measures that we are considering, this
3 legislation is really not out of the
4 mainstream.
5 There are 11 states that will have
6 enacted legislation allowing for chemical
7 castration, those states being California,
8 Texas, Georgia, Tennessee, Michigan, Florida,
9 Iowa, Louisiana, Oregon, Wisconsin, Montana.
10 And in the state of Minnesota, legislation is
11 pending.
12 As we talk about this legislation,
13 it is -- and my staff has done an enormous
14 amount of research, calling various states to
15 ask them about issues of recidivism, asking
16 them how the system works, trying to get
17 statistics and so forth for the debate today.
18 We find that -- and I just want to say,
19 because it is shown in the kinds of
20 legislation that we have passed in this house,
21 that there's no perfect cure, and that
22 individuals who have a psychological and to
23 some degree a physical problem really cannot
24 help themselves. And so we're reaching out
25 and trying to find a solution.
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1 We contacted the states of
2 California, Florida, Georgia, Iowa, Louisiana,
3 Michigan, Montana, Oregon, Texas and
4 Wisconsin, and every one of those states, with
5 the exception of Michigan, have a civil
6 commitment law. In the discussion that we've
7 had with other states, they've talked about
8 civil commitment and other measures being part
9 of a large program in trying to deal with the
10 problem.
11 We looked at the recidivism,
12 because that's the most often asked question,
13 and we found that different states count
14 things differently. And so it's very, very
15 hard to get a handle on it. But just to --
16 one thing that we do know is that in looking
17 at three-year rates for sex offenders, we
18 found that the percent returning to prison
19 within three years of release, by offense
20 type, for all sex offenders, 45 percent;
21 sexual assault, 53 percent; sexual assault of
22 a child, 41 percent; and indecency,
23 35 percent.
24 The legislation that -- and by the
25 way, before we get into the specifics of the
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1 legislation, there are numerous safeguards,
2 not only in this legislation but in the
3 legislation passed throughout the country.
4 The State of Wisconsin has the most evidence
5 of the number of individuals that have been
6 chemically castrated, and the number is 29.
7 And the question that we asked is, of the 29
8 people, have there been any that have been
9 back for a sexual crime. And the answer was
10 no. Although some were returned for --
11 whether it was burglary or some other crime.
12 But not for a sex crime.
13 I would say, and say it right out,
14 that castration is not a hundred percent cure.
15 There is, from what we have, there's about a
16 5 percent -- a repeat offense rate of about
17 5 percent for sex criminals that have had
18 chemical castration.
19 Chemical castration -- this might
20 come up as a question -- is completely
21 reversible. It is a treatment that has to be
22 linked with other kinds of things, and we'll
23 get into that, in terms of psychological
24 treatment. And we find that a well-regulated
25 system of drug treatment for sex offenders
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1 really might offer the most promising
2 possibility to achieve rehabilitation and safe
3 integration of offenders into society.
4 In discussing this with my staff,
5 we felt the approach that we were really
6 taking here is to offer individuals who just
7 cannot help themselves an opportunity to
8 assimilate into society. Under this bill, if
9 it were to become law, or in the other states,
10 there are so many safeguards that either the
11 judge or the physician would not go ahead and
12 approve of this methodology.
13 So in just going through the bill,
14 the bill has first violent felony sex
15 offense -- and by the way, medroxyprogesterone
16 acetate, MPA, is the chemical that we're
17 talking about. For first violent felony
18 offenders, MPA is an option. If there has
19 been, under 1(B) of the legislation, if a
20 defendant has a prior conviction, then the
21 court shall, shall sentence an individual to
22 undergo MPA.
23 Now, in the sentencing, a
24 candidate, and the legislation talks about
25 under this subdivision, shall be contingent
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1 upon determination by a court-appointed
2 medical expert. And to provide that a
3 defendant sentenced to probation who is not
4 custody shall be returned to custody for such
5 treatment. And no such treatment shall be
6 administered until the individual is informed
7 of the side effects and has consented in
8 writing.
9 Now, there are certain side
10 effects. Individuals who have hypertension,
11 coronary problems, a physician would have to
12 make a determination whether that would
13 interfere with the individual's good health.
14 I would also say to you in the
15 legislation that for a first violent felony
16 offender, they can voluntarily undergo
17 treatment. And they must give their written
18 consent to the court. And by the way, this
19 legislation also voluntarily would allow an
20 individual to undergo physical castration,
21 once again upon a written motion by the
22 defendant.
23 We have found that physicians, for
24 whatever reason, have been very prudent and in
25 some cases reluctant to use MPA. And
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1 Wisconsin has the highest number of cases, as
2 I have indicated, 29.
3 The last part of the bill indicates
4 that the defendant shall be guilty of a Class
5 A misdemeanor if they do not appear as
6 required by the Department of Corrections or
7 they do not allow administration of MPA. And
8 before an individual is released, there's a
9 time period in which the process would begin.
10 But as I have indicated before, this in and of
11 itself has to be coupled with counseling and
12 so forth.
13 And lastly, probably one of the
14 most important bills that we passed is Senator
15 Volker's civil confinement legislation.
16 Because all of the states that I have
17 indicated have passed very comprehensive laws
18 using both civil confinement and MPA as part
19 of their total program.
20 THE PRESIDENT: Senator Krueger.
21 SENATOR LIZ KRUEGER: Thank you,
22 Madam President. Will the sponsor please
23 yield?
24 THE PRESIDENT: Senator LaValle,
25 will you yield for a question?
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1 SENATOR LaVALLE: Yes.
2 THE PRESIDENT: You may proceed,
3 Senator.
4 SENATOR LIZ KRUEGER: Thank you.
5 Are there any other laws in
6 New York State where we mandate people to take
7 drugs against their will?
8 SENATOR LaVALLE: I don't know.
9 SENATOR LIZ KRUEGER: Madam
10 President, if the sponsor will continue to
11 yield.
12 THE PRESIDENT: Senator LaValle,
13 do you yield?
14 SENATOR LaVALLE: Yes, I do.
15 THE PRESIDENT: You may proceed,
16 Senator.
17 SENATOR LIZ KRUEGER: Are there
18 any studies that have been done on the
19 long-term health risks of this drug or its
20 relationship to other illnesses or drug
21 therapies?
22 SENATOR LaVALLE: My staff, as I
23 have indicated, have had discussions with
24 individuals from the states of California
25 Florida, Georgia, Iowa, Louisiana, Michigan,
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1 Montana, Oregon, Texas, and Wisconsin. And as
2 I've indicated, Wisconsin has been the most
3 aggressive. The first laws were passed in
4 California -- the first law was passed in
5 California in 1996. There were several that
6 were passed in 1997, Iowa in '98, Oregon in
7 '99, and Wisconsin more recently.
8 As I have indicated, the -- there
9 are some studies that talk about some health
10 problems that you have to be a little
11 cautious -- I talked about hypertension, heart
12 problems. There is also a weight gain that
13 takes place. So we do know that there are
14 some, some health problems. But in those
15 cases, and I've said this repeatedly, the
16 physicians have been very, very cautious, very
17 measured in using MPA. Even though it is
18 shown as being successful, as I've quoted, in
19 Wisconsin in the recidivism rate for sex
20 crimes. We know of none.
21 Now, I'm very cautious in that,
22 Senator, because -- and we've had dialogue
23 with the states. We know that some of those
24 people have literally left the state, so
25 tracking them becomes difficult.
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1 SENATOR LIZ KRUEGER: Right.
2 Thank you.
3 Madam President, on the bill.
4 THE PRESIDENT: You may proceed
5 on the bill.
6 SENATOR LIZ KRUEGER: Thank you.
7 I appreciate the Senator's detailed
8 explanation of his bill.
9 I would argue that this is not a
10 bill we should pass in New York State, despite
11 other states claiming that they've had success
12 with it. I'm concerned on a number of levels.
13 One, it's the -- if it -- for voluntary
14 purposes, I would not object. And certainly
15 the argument that anything we can do to
16 prevent repeat offenders from continuing to
17 put any of our constituents at risk is
18 obviously a very high standard for all of us,
19 and one that we hope to meet.
20 But in this bill, it's a fairly
21 drastic measure to mandate this even for
22 people who are not repeat molesters. And that
23 while some experts argue that this drug is
24 effective, others argue that in fact it is not
25 and does not statistically decrease repeat
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1 offenders because in fact the underlying
2 violent tendencies of people who are sexual
3 abusers and predators is not necessarily
4 related to a chemical response in their body
5 as much as psychological problems that they
6 suffer.
7 I'm also very, very concerned about
8 a mandate by state government that we actually
9 require people to take drug therapies that may
10 not, in the long term, prove to be effective
11 but may, in fact in the long term prove to
12 cause other illnesses or complicate other
13 illnesses. I think it's a very risky road on
14 constitutional protections and on healthcare
15 standards of not mandating people follow
16 therapies that they choose not to, to open
17 this door.
18 I would argue, though, that in fact
19 I do support a bill that we passed here the
20 other day, and I think there may be some
21 amendment of it even today on the floor,
22 involving GPS bracelets for Level 3 offenders.
23 And I think that many of the concerns that I
24 know Senator LaValle has and that motivate his
25 decision to move forward with this bill are in
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1 fact the same concerns we all do have and hope
2 to address, which is ensuring that people who
3 are potentially still putting at risk our
4 constituents, based on their historical
5 patterns of sexual offense, ensuring that even
6 when they are released back into communities
7 that there are ways to ensure that they never
8 repeat their violent attacking offenses and
9 that we can monitor and evaluate and ensure
10 that they should retain the right to be in the
11 community without putting anyone at risk.
12 I think that the approach that we
13 have made in laws that -- bills, excuse me,
14 that we have passed and perhaps are amending
15 and negotiating with the Assembly even today
16 on GPS monitoring is a better way for us to go
17 and probably a more successful model to
18 address the concerns of Senator LaValle.
19 And so I will be voting no. And I
20 hope my colleagues will also think about what
21 are the best ways and the not-best ways to
22 address this problem.
23 Thank you, Madam President.
24 THE PRESIDENT: Does any other
25 member wish to be heard?
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1 Senator Stavisky.
2 SENATOR STAVISKY: Madam
3 President, if the sponsor would yield to one
4 question.
5 THE PRESIDENT: Senator LaValle,
6 will you yield for a question?
7 SENATOR LaVALLE: Yes.
8 THE PRESIDENT: You may proceed.
9 SENATOR STAVISKY: I had a Level
10 3 offender living in my district. And I tried
11 to determine what the recidivism rate was for
12 Level 3 offenders. And the statistics that
13 the Division of Parole gave me I think were
14 artificially low.
15 Can you tell us what the recidivism
16 rate is in New York State for Level 3
17 offenders?
18 SENATOR LaVALLE: I don't have
19 that.
20 There are a number of studies that
21 have been done; I read some of the rates per
22 crime. But the problem that we found, in
23 talking to people, is that -- and my staff
24 said to be very, very cautious in using
25 numbers, because people count things in
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1 different ways.
2 Now, I mean, I don't know, if you
3 commit a crime, a sex crime, you go out, you
4 come back, that sounds like you failed. But I
5 do not have our numbers specifically.
6 I do have -- as I recall, the
7 number for violent and nonviolent sex crimes
8 was 13, 14 percent and recidivism for
9 individuals at large was 36 percent.
10 Now, when I looked at those
11 numbers, I too thought they were very, very
12 low. So I think when you do the research that
13 my staff has done on this -- and they were
14 having trouble. They did this all by hand,
15 state by state. And New York, they were very
16 perplexed, because we're using different kinds
17 of systems to put statistics together.
18 SENATOR STAVISKY: Thank you.
19 I've found the same problem. And
20 the numbers that I had were very -- were in
21 the 30 percent range, and I think that number
22 is low.
23 THE PRESIDENT: No other member
24 wishes to be heard?
25 The debate is closed.
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1 The Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first of
5 November.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 Senator Montgomery, to explain your
9 vote.
10 SENATOR MONTGOMERY: Yes, Madam
11 President, to briefly explain my vote.
12 I'm going to be supporting this
13 legislation. I understand that there are many
14 questions and issues that we don't still have
15 answers for. I would hope that we could have
16 an opportunity to have a broad discussion and
17 some hearings and that this would go through
18 that process.
19 THE PRESIDENT: Could I ask the
20 members to refrain from conversing.
21 SENATOR MONTGOMERY: However, I
22 applaud Senator LaValle's attempt to come up
23 with a method of dealing with people who are
24 in a category of inability to control
25 themselves in this way. And it seems to be --
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1 THE PRESIDENT: Senator
2 Montgomery, may I ask you to wait until we
3 have order here, so that you can be heard.
4 All right, please proceed.
5 SENATOR MONTGOMERY: Madam
6 President, this bill aims to help those sex
7 offenders who are unable to control their
8 sexual proclivities to be able to use
9 medication to help them. And that they would
10 also be able to function in society once again
11 without having the public be terrified of what
12 they might do at any moment.
13 So I am going to support this and
14 hope that we can have much more dialogue on
15 this issue. But I vote yes.
16 THE PRESIDENT: You will be so
17 recorded as voting in the affirmative.
18 Senator LaValle, to explain your
19 vote.
20 SENATOR LaVALLE: Thank you,
21 Madam President.
22 In casting my yes vote on this
23 legislation, I very briefly just want to
24 indicate that the U.S. Supreme Court, in
25 Kansas v. Hendricks, 1997, gave us the legal
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1 underpinnings for not only Senator Volker's
2 civil confinement legislation but the laws
3 throughout the country on chemical castration.
4 And so -- we have an epidemic here,
5 and so we're trying to put as many arrows in
6 the quiver to fight what is going on in our
7 society. I believe this legislation will
8 allow for individuals proper, as Senator
9 Montgomery indicated, assimilation into our
10 society so that they don't -- will not
11 terrorize individuals and can be a productive
12 member of our society.
13 Once again, I vote aye.
14 THE PRESIDENT: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Yes, I vote
17 aye as well.
18 But there's one segment of the bill
19 that seems to be a more recurring theme in
20 many, many bills that we see, and that is
21 immunizing various people from liability. In
22 this case that clause finds itself here as
23 well, that if a healthcare provider is
24 negligent in prescribing this type of
25 treatment or administering the treatment,
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1 it's -- the only liability would be if the
2 person has not acted in good faith.
3 I'm not quite sure how a
4 medical-care provider could be found ever to
5 be found not operating in good faith. That's
6 no standard at all. So it's truly total
7 immunity.
8 The point I'm trying to raise, not
9 only for this bill but many, many others that
10 we've seen already, is that if someone's
11 negligent, who's going to pay, then? The
12 whole point of our tort system is to
13 compensate individuals, no matter who they
14 are, for negligence and let the party
15 responsible pay.
16 And if we keep immunizing the
17 entire human race, then that means
18 government's got to step in, and it's going to
19 be another cost of government. Plus there's
20 no incentive for anyone to avoid negligence.
21 So I'm going to vote yes on the
22 merits of the bill. But once again, I just
23 want to state my concern over this troubling
24 trend that seems to be expanding over the last
25 few months.
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1 THE PRESIDENT: Senator
2 DeFrancisco and Senator LaValle, you will both
3 be recorded as voting in the affirmative on
4 this bill.
5 The Secretary will announce the
6 results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 713 are
9 Senators Hassell-Thompson, L. Krueger and
10 Parker.
11 Absent from voting: Connor,
12 Gonzalez, and Sampson.
13 Ayes, 54. Nays, 3.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 875, by Member of the Assembly Tonko, Assembly
18 Print Number 8176, an act to amend the
19 Long-Term Care Integration and Finance Act of
20 1997.
21 SENATOR SCHNEIDERMAN:
22 Explanation.
23 ACTING PRESIDENT LITTLE: An
24 explanation has been requested, Senator
25 Hannon.
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1 SENATOR HANNON: Yes. This
2 legislation would extend the Long-Term Care
3 Integration and Finance Act of 1997 for an
4 additional two years.
5 This legislation covers the
6 programs known as the PACE programs, which are
7 basically a capitated experimental program to
8 deal with the elderly, the frail elderly,
9 sometimes referred to as the chronic care
10 management demonstration programs.
11 There are five programs in
12 existence in this state: The Eddy, Loretto,
13 Rochester Healthcare, Beth Abraham, ElderCare.
14 Each of them have requested an extension.
15 Thank you.
16 ACTING PRESIDENT LITTLE: Thank
17 you, Senator Hannon.
18 Senator Krueger.
19 SENATOR LIZ KRUEGER: Thank you,
20 Madam President. If the sponsor would please
21 yield.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 Senator Hannon, do you yield?
25 SENATOR HANNON: Yes.
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1 ACTING PRESIDENT LITTLE: Yes,
2 the Senator yields.
3 SENATOR LIZ KRUEGER: Thank you.
4 Senator, we extended this for two
5 years two years ago. And now we're being
6 asked to extend it again. It's a
7 demonstration project or, as you explained, a
8 series of them. What have they demonstrated
9 so far? Why are we either continuing them
10 another two years or not just establishing
11 that they've succeeded and allowing this
12 legislation to move forward on a permanent
13 basis?
14 SENATOR HANNON: This
15 legislation, which has been adopted by the
16 national health policymakers, is something
17 that many people feel will be the coming
18 model. In order to make this the coming
19 model, certain issues need to be finalized.
20 And there is a policy tension between those of
21 us in the legislature and the healthcare
22 community and the regulators.
23 I would say they would cover
24 questions in regard to rate-setting, questions
25 in regard to interaction between the PACE
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1 program and assisted living, questions about
2 which regulations should and can apply,
3 questions about documentation, as well as
4 questions about assessment tools. Assessment
5 tool being a term, a concept in the field of
6 long-term care by which the provider takes a
7 look at the patient, the prospective patient,
8 and tries to evaluate the needs of that
9 patient and the type of care that the patient
10 will require.
11 Since we have last extended this,
12 this Legislature has done two things. The
13 Health Committee, in conjunction with the
14 Social Services Committee, held some
15 roundtables in regard to what are the most
16 appropriate assessment tools that are
17 available, what's happening in the state to
18 upgrade the assessment tools, and when those
19 might come about.
20 Second, as a line of inquiry, we
21 actually adopted legislation that called for
22 risk-adjusted rate setting by the Health
23 Department to go to these programs. That
24 legislation passed both houses but was vetoed
25 by the Governor.
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1 Therefore, what continues to exist
2 is the final shape and form of these
3 demonstration programs if we're to move them
4 to permanent status.
5 Behind these demonstration
6 programs, which are more fully developed than
7 others, behind them is the less-developed
8 programs, which can be called the
9 long-term-care demonstration projects. They
10 are still working in regard to the
11 methodology, et cetera.
12 What we're trying to do is the most
13 appropriate care at affordable prices for this
14 government and society, the most appropriate
15 care for the elderly, especially the frail
16 elderly. As we are facing a population that
17 will, by the year 2030, double the number of
18 people over 65 and probably a little bit more
19 than that increase the number of over 80, we
20 have a continuing mission to determine what's
21 the best way to take care of, in an
22 institutional fashion, our elderly.
23 And the PACE program has done this
24 by giving flexibility to the caregivers, by
25 capitating the rate by having special
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1 oversight so that we make sure the best care
2 possible is being given. This is an ongoing
3 discussion. It's one I wish were finalized.
4 But in the meantime, these five programs need
5 to have their life extended so the care they
6 are giving ought to be continued.
7 SENATOR LIZ KRUEGER: Thank you.
8 Madam President, if the sponsor
9 would please continue to yield.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Senator Hannon, do you continue to
13 yield?
14 SENATOR HANNON: Yes.
15 ACTING PRESIDENT LITTLE: The
16 Senator yields.
17 SENATOR LIZ KRUEGER: Thank you.
18 I appreciate the very detailed
19 explanation. And I share your concern that
20 these are critical programs. And you are
21 absolutely right that as we age as a society,
22 New York State is falling behind what we ought
23 to be doing to address the problems of
24 long-term care.
25 And I'm very pleased to hear that
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1 there were roundtables. I am, of course,
2 disappointed that the Governor vetoed the bill
3 you referenced.
4 In this original legislation it
5 called for an interim report to be received by
6 the Legislature in 2003 and a final report by
7 mid-2006. Have we received any reports from
8 these demonstration projects, as required by
9 the '97 law?
10 SENATOR HANNON: I don't know if
11 we have any paper. I do know that there has
12 been a fairly intensive, extensive ongoing
13 communication with both -- with each of the
14 five plans, as well as with the Department of
15 Health and the Department of Budget. This has
16 come up with fairly tough scrutiny during the
17 budget process.
18 And I'm pretty aware of what's
19 happening and have been and will be available
20 to discuss any concerns you might have, not
21 necessarily on the floor of this chamber.
22 SENATOR LIZ KRUEGER: Thank you,
23 Madam President. Very briefly on the bill.
24 ACTING PRESIDENT LITTLE: Thank
25 you.
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1 Senator Krueger, on the bill.
2 SENATOR LIZ KRUEGER: Thank you.
3 I appreciate Senator Hannon's
4 detailed explanations. I think that we agree
5 we need to do far more on long-term care
6 planning for the State of New York. I think
7 this Legislature should have more dialogue on
8 these questions and these issues, whether it's
9 on the floor of the chamber or in public
10 hearings or by reviewing reports that I hope
11 the Department of Health and other experts
12 will provide us.
13 Perhaps one of the reasons that
14 between 1997 and 2005 we haven't moved forward
15 enough is because we're not spending enough
16 time looking at these issues. We have our
17 demonstrations, we are told they are doing
18 well, but we are not moving forward to expand
19 these very important programs, again, for a
20 growing population of seniors in the state of
21 New York.
22 So I hope that reports will be
23 forthcoming. And I hope that before the next
24 time we're asked to extend this, in 2007, we
25 will have demonstrated enough to move forward
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1 for the people of New York. I will be
2 supporting the bill.
3 Thank you, Madam President.
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator.
6 Senator Hannon.
7 SENATOR HANNON: Yes, Madam
8 President, on the bill.
9 ACTING PRESIDENT LITTLE: On the
10 bill.
11 SENATOR HANNON: Notwithstanding
12 the comments about public hearings and
13 oversight and all that -- a continuing theme
14 that I think is totally spurious and foreign
15 to this whole discussion -- we have in this
16 Senate, at least in the Majority, paid careful
17 attention to the long-term care needs of our
18 population. We've had roundtables throughout
19 the state. We've had discussions, we've had
20 ongoing hearings, we've had public budget
21 discussions. There has been a very intensive
22 effort.
23 To the extent the very esteemed
24 Senator from Manhattan would like information
25 about that, dare ask, this being the first
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1 time I've ever heard of any inquiry, I will
2 simply state I am perfectly willing to share
3 any information at any time. But to say or
4 imply or to simply state that we have not been
5 doing this in public is erroneous and I think
6 ought to be withdrawn.
7 Thank you.
8 ACTING PRESIDENT LITTLE: Thank
9 you, Senator.
10 Is there any other Senator wishing
11 to be heard on the bill?
12 The debate is closed.
13 The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT LITTLE: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 Those Senators absent from voting
22 on Calendar Number 875: Senators Connor,
23 Gonzalez and Sampson.
24 ACTING PRESIDENT LITTLE: The
25 bill is passed.
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1 Senator Larkin.
2 SENATOR LARKIN: Thank you, Madam
3 President.
4 There are three resolutions on our
5 calendar today that I'd like to open up.
6 Number 2586 talks about our Americans that
7 were taken out of the Philippines and went
8 into Manchuria, the 50th anniversary.
9 The recent death of an individual
10 in my district who went back to Iraq, Corporal
11 Joe Tremblay, 2649.
12 And another one that should be
13 important to every one of us is 2688, which
14 encourages our Congressional delegation to
15 ensure the proper healthcare for members of
16 our National Guard.
17 ACTING PRESIDENT LITTLE: Senator
18 Fuschillo, may we open those three
19 resolutions?
20 SENATOR FUSCHILLO: Just follow
21 the normal procedures of the house and open
22 them up to the house. If anybody wishes not
23 to go on them, please notify the desk.
24 ACTING PRESIDENT LITTLE: Any
25 Senator not wishing to be on Resolutions 2586,
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1 2649, or 2688, please notify us at the desk.
2 Senator Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Thank
4 you, Madam President.
5 I too have a resolution that I
6 would like to open up for everyone to
7 participate in.
8 This resolution calls for Obesity
9 Awareness Month. And because of the numbers
10 of cases that we are beginning to see of
11 cancer, diabetes, and heart condition that are
12 closely associated with obesity, we are trying
13 to bring public attention.
14 When we talk about the costs of
15 medical care, if we begin to look at our
16 eating habits and our behaviors, we will be
17 able to reduce significantly the cost of care
18 just by observing diet.
19 So therefore, Madam President, I
20 appreciate the opportunity to open up this
21 resolution to the entire body and hope that
22 not only will my colleagues sign on to this,
23 but also will raise their consciousness about
24 the way we eat when we go into the Senate
25 lounge.
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1 ACTING PRESIDENT LITTLE: Thank
2 you. Senator Hassell-Thompson, can you give
3 me the number of that resolution?
4 SENATOR FUSCHILLO: Madam
5 President.
6 ACTING PRESIDENT LITTLE: Senator
7 Fuschillo.
8 SENATOR FUSCHILLO: No objection.
9 Same normal procedures.
10 Can we proceed with the reading of
11 the controversial calendar, please.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 SENATOR HASSELL-THOMPSON: It's
15 Resolution Number 2652, Madam President.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 Any Senator not wishing to be on
19 Resolution 2652 please notify the desk.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1146, by Member of the Assembly Stringer,
23 Assembly Print Number 1377C, an act to amend
24 the Insurance Law.
25 SENATOR DUANE: Explanation,
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1 please.
2 ACTING PRESIDENT LITTLE: An
3 explanation has been requested, Senator
4 Balboni.
5 SENATOR BALBONI: Yes, thank you,
6 Madam President.
7 This bill attempts to close one of
8 those insidious loopholes that arises in the
9 context of orders of protection. Anyone who
10 has studied the law of the order of protection
11 realizes that it is the attempt by the
12 judiciary and by this legislature to try to
13 prevent a violent act from happening. But
14 unfortunately, as this bill addresses, we have
15 systems in place which completely obfuscate
16 the intention of that law.
17 The situation that this bill seeks
18 to address is one where there is a
19 policyholder for a contract for health
20 insurance who has an order of protection
21 against him or her and the order of protection
22 is to protect the victim of domestic violence,
23 who is the beneficiary of that policy.
24 Now, why does that matter? Because
25 as a policyholder, under current law, I have
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1 the right to receive information as to how the
2 policy is being used, including the address of
3 the individual who I have an order of
4 protection against me for.
5 This bill, which has been
6 negotiated now for two years and will become
7 law should this house see fit to pass it, will
8 now prohibit an insurance company from
9 providing information as to the known
10 whereabouts of a victim who has an order of
11 protection for his or her protection to be
12 disclosed to the policyholder.
13 The process works that the order of
14 protection must be delivered to the offices of
15 the insurance company, and then they are
16 responsible for prohibiting the release of
17 this information.
18 Thank you, Madam President.
19 ACTING PRESIDENT LITTLE: Thank
20 you, Senator Balboni.
21 Senator Duane.
22 SENATOR DUANE: Thank you, Madam
23 President.
24 With the exception of the word
25 "obfuscate," the explanation is satisfactory.
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1 (Laughter.)
2 ACTING PRESIDENT LITTLE: Thank
3 you, Senator.
4 Is there any other Senator wishing
5 to be heard?
6 The debate is closed.
7 The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT LITTLE: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 Those Senators absent from voting
16 on Calendar Number 1146: Senators Connor,
17 Gonzalez and Sampson.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1263, by Senator Rath, Senate Print 3541, an
23 act to amend the Social Services Law.
24 SENATOR SCHNEIDERMAN:
25 Explanation.
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1 ACTING PRESIDENT LITTLE: There
2 is a local fiscal impact note at the desk.
3 Senator Rath, an explanation has
4 been requested.
5 SENATOR RATH: Madam President
6 and my colleagues, this bill is a bill that is
7 an implementation of a measure that we passed
8 just three or four votes shy of unanimously
9 two years ago, when an omnibus Medicaid bill
10 was passed as a result of the hearings that
11 Senator Hannon referred to a few minutes ago.
12 One of the prime messages from the
13 people all across New York State as we went
14 out on a task force -- a bipartisan task
15 force, by the way, that was --
16 SENATOR SCHNEIDERMAN: I can't
17 hear.
18 ACTING PRESIDENT LITTLE: The
19 speaker cannot be heard. Can we keep the
20 conversation out of the chamber.
21 SENATOR RATH: It's the first
22 time in my life someone said they couldn't
23 hear me. I usually have a very -- my children
24 always thought they could hear me too much,
25 probably. But okay, I'll try. Is this
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1 better?
2 As a result of the bipartisan
3 hearings that were across the state two years
4 ago, the task force report resulted in a piece
5 of legislation, omnibus piece of legislation,
6 Medicaid reform legislation.
7 One of the chief concerns we heard
8 all across the state of course was long-term
9 care, as you just heard so much from Senator
10 Hannon about the PACE demonstration programs
11 that are going along and showing some good
12 results. Because we know most of the costs of
13 long-term care -- most of the costs of
14 Medicaid are tied up in the long-term-care
15 system.
16 But a very large portion of the
17 cost is caught up in a circumstance that we're
18 trying to start to right, to turn right.
19 Assemblyman Schimminger and I share this bill.
20 He introduced it in the Assembly. And the
21 bill is in some parts technical and in other
22 parts looking to expand managed care.
23 We know that managed care is
24 effective, we know that it does work. We
25 heard from county after county across the
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1 state. And all of you know yesterday we
2 passed a bill about Erie County. It was a
3 problem. Erie County has had a problem, as
4 many have, with their Medicaid costs. I could
5 recite to you number after number after number
6 about counties across the state that will tell
7 you either all or close to all of their
8 property tax is being used up by Medicaid, one
9 way or another. We could debate that, we
10 could talk about that, but I think it's pretty
11 generally recognized that spiralling Medicaid
12 costs are a problem not only in New York State
13 but in every state in the country.
14 Let me just give you a couple of
15 numbers from Erie County. Because, as I said,
16 we have been really close to the problem
17 because of the circumstance that has been just
18 so clearly highlighted the last several
19 months.
20 In 2003, the Erie County Department
21 of Social Services had 131,150 residents
22 eligible for and using Medicaid, about 80,000
23 of those enrolled in Medicaid managed-care.
24 Approximately another 8,000 were in long-term
25 care, leaving about 44,000 persons in a
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1 fee-for-service Medicaid program with no known
2 management of their healthcare.
3 This last fee-for-service group,
4 representing 33 percent of the patients,
5 expended $512 million per year, or 50 percent
6 of the total Medicaid spending. Their average
7 cost per person per year, $11,669, compared to
8 $2,889 per year for the Medicaid managed-care
9 enrollee.
10 It's a serious problem when you've
11 got an almost 10,000 -- well, $9,000
12 difference between the services that are being
13 provided for the people who are in managed
14 care and those people who are in
15 fee-for-service.
16 Erie County then went on to do a
17 program to check out what they could do with
18 managed care in terms of an addiction pilot
19 project. The net savings over two years for
20 100 alcohol-addicted individuals, a net
21 savings of $13,000 per person, both improving
22 their health and their social well-being. The
23 total amount was $1.3 million over two years.
24 We know managed care works. The
25 program -- the bill in front of you today
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1 expands the number of people who would be in
2 managed care across New York State. But not
3 just unilaterally making it happen, it adds
4 the services to the rural communities by
5 adding rural health networks and to the HIV
6 communities by saying that the special kinds
7 of provisions that are necessary for both of
8 those communities to have quality service,
9 coordinated service -- and oh, by the way,
10 hopefully it will be efficient and economic
11 service.
12 But in terms of efficient and
13 economic, we have to look to our Health
14 Department in New York State and the federal
15 government, because none of this is going to
16 happen without the rate structure being set,
17 the fees being set, and the waivers coming
18 from the federal government.
19 But I would advance to you, my
20 colleagues, it's a start. We have to start
21 somewhere. It's a bill in both houses. I
22 don't know what the hopes are for this bill in
23 the Assembly. I know that I have very high
24 hopes for this bill here, seeing as we in
25 essence supported this two years ago almost
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1 unanimously in the omnibus Medicaid bill that
2 we passed near the end of session two years
3 ago.
4 So my hope is that your
5 questions -- well, I can answer your questions
6 and that you'll see your way clear to support
7 this beginning effort.
8 Thank you, Madam President.
9 ACTING PRESIDENT LITTLE: Thank
10 you, Senator Rath.
11 Senator Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Madam President. On the bill.
14 ACTING PRESIDENT LITTLE: On the
15 bill.
16 SENATOR SCHNEIDERMAN: I thank
17 the sponsor for -- once we quieted things down
18 here, it was good to be able to hear the
19 explanation.
20 My concern with this legislation,
21 the concern that has been expressed by a lot
22 of colleagues as well as advocates, including
23 the teachers, service providers such as Gay
24 Men's Health Crisis and Medicaid Matters,
25 which is a consumer group, is that it is
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1 clear -- and as the sponsor has articulated, I
2 think, quite effectively -- that managed care
3 saves money.
4 However, I think it is also clear
5 that it's at this stage of the evolution of
6 New York's healthcare system, a decade or so
7 after we started requiring some recipients of
8 health services through the Medicaid program
9 to enroll in managed care, that managed care
10 also can result in reductions in services.
11 What this bill would do is require
12 some of our most vulnerable, some of our most
13 vulnerable citizens to enroll into
14 managed-care programs that history has shown
15 can create numerous barriers to receiving
16 vital care. I would urge that people with
17 HIV/AIDS are more likely to suffer from
18 multiple chronic illnesses and more likely to
19 need access to other types of services that
20 managed-care programs frequently make it very
21 difficult for them to receive.
22 The New York State Psychological
23 Association has submitted opposition materials
24 indicating that mental health professionals
25 are refusing to participate in managed-care
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1 programs because the paperwork is simply too
2 burdensome.
3 I understand the desire to cut
4 costs. But it is clear that in this case we
5 are cutting costs by cutting care. And there
6 are some of our citizens who should not be
7 required to enroll in managed care. I think
8 that we have to strike a balance between the
9 fiscal needs, which are very, very real, of
10 our healthcare system, where the costs are
11 spiralling out of control, and the need to
12 actually provide services to people who need
13 them.
14 The fee-for-service Medicaid system
15 provides access and flexibility for people in
16 particular circumstances, such as those that
17 this bill would require to enroll in managed
18 care. I think we should stick with this
19 system. It's not a perfect solution by any
20 means. The sponsor is right, we have to cut
21 costs. But we don't have to cut costs by
22 cutting care for the most vulnerable citizens.
23 I would suggest that there are
24 innovative programs that are being tried in
25 some other states -- ranging from statewide
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1 single-payer healthcare programs to other
2 programs that create insurance pools that make
3 it possible for people to have more expanded
4 healthcare while reducing costs -- that we
5 should be looking at.
6 I'm not going to suggest that we
7 hold hearings on the subject, but some people
8 think holding hearings is good and that
9 reaching out to other places is good. But we
10 may well have had hearings before that I just
11 didn't know about because I'm not invited to
12 those hearings. But I -- oh, I'm sorry, I
13 apologize for letting him provoke me.
14 I do think that this bill does have
15 serious problems, but it is a good-faith
16 effort to solve half of the equation, which is
17 the cost problem. We still have to solve the
18 care problem. I'm going to vote no, but I do
19 appreciate that this is a good-faith effort to
20 deal with a crisis.
21 Which I guess at the beginning of
22 this year, when the Governor announced our
23 agenda for the year, dealing with the crisis
24 in Medicaid costs was on the agenda.
25 Unfortunately, we seem to be closing the
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1 session without addressing that. And I hope
2 that next year we will be able to deal with it
3 in a more comprehensive manner.
4 Thank you, Madam President.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Senator Hannon.
8 SENATOR HANNON: Let me comment
9 in regard to some of the points that Senator
10 Schneiderman made, because I think there's
11 some misconceptions that he has,
12 misconceptions that perhaps the general
13 population has in regard to what we're doing
14 with managed care versus Medicaid managed
15 care.
16 For instance, he brings forth the
17 opposition of the psychologists to this
18 because of the way the psychologists are being
19 treated by the general health insurance
20 programs with managed care. And it is true
21 that those programs have taken the nonphysical
22 health specialties, they have subcontracted,
23 they have people who form special panels,
24 especially of psychologists or other
25 counterparts to them, and impose some
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1 extraordinary paperwork requirements. That's
2 a problem that needs to be dealt with.
3 However, when we're dealing with
4 Medicaid managed care, which Senator Rath is
5 putting forward, we have a number of elements
6 that I think are different and, because they
7 are different, are in support of the measure
8 she proposes.
9 The very fact is that Medicaid
10 managed care has to follow certain quality
11 standards that the federal government has
12 established, that it is done as part of a
13 waiver with the federal government. The
14 waiver involves oversight. And Medicaid
15 managed care in New York, the consumer health
16 groups have made sure that that oversight has
17 been real, has resulted in good quality care
18 for the individuals covered.
19 And lastly, in terms of the
20 services, I do believe that the providers of
21 these, the Medicaid managed-care plans in
22 New York State, have done a pretty good job.
23 We have not heard from their patients the same
24 types of complaints that we have heard from
25 the patients of the other -- the general
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1 population managed-care plans.
2 So I think there is a vast
3 difference. And if there's any place we can
4 talk about managed care, it's under Medicaid,
5 because it's been done with a fairly rigorous
6 set of standards. People get the care they're
7 entitled to, they're not denied it, and
8 they're given a regular place to have a
9 healthcare home.
10 Very important, and especially more
11 important when we're dealing with those people
12 who might have AIDS or are HIV-positive or
13 mental illness, where we have not reached that
14 population, we ought to go to that population.
15 They will get better care, and I believe as a
16 result of that better care there might be some
17 savings to the state. To my mind, it's not
18 just the savings that are the motivating
19 factor, it's the better care.
20 So that has been brought out.
21 There's an extensive discussion going on. But
22 I think we have not moved that forward in
23 recent years, and I commend Senator Rath for
24 being insistent that this be addressed and be
25 moved forward.
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1 Thank you.
2 ACTING PRESIDENT LITTLE: Thank
3 you, Senator Hannon.
4 Senator Krueger.
5 SENATOR LIZ KRUEGER: Thank you,
6 Madam President. On the bill.
7 ACTING PRESIDENT LITTLE: On the
8 bill.
9 SENATOR LIZ KRUEGER: Thank you.
10 I appreciate the work of Senator
11 Rath. And there are parts of this bill that
12 I'm quite comfortable with. I think it's
13 reasonable to ask why there are counties that
14 have not implemented Medicaid managed care,
15 and instructing the commissioner to expand
16 that to counties that don't have the program
17 are reasonable. Certainly there are different
18 issues in rural networks, as you obviously are
19 far more expert than I.
20 But I'd like to speak about the
21 problem I have the bill and why I can't
22 support it, and that actually goes, I believe,
23 to what Senator Hannon just spoke about, the
24 special-needs populations.
25 It's approximately ten years ago, I
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1 believe now, that New York City started its
2 mandated Medicaid managed-care model. I think
3 we were in the first in the state. And it was
4 actually my work then that got me involved
5 with creating the then Medicaid managed-care
6 task force to evaluate what was working in and
7 what wasn't working in New York City.
8 And some of the problems that we
9 found, and the city confirmed and agreed
10 ultimately with us on, was a simple concept
11 that I think still is a dilemma in managed
12 care. Managed care works best for people who
13 are not sick. We all have healthcare needs,
14 but some of us are sicker than others. And
15 since it works on a capitated system where the
16 provider network gets paid whether or not you
17 come to them for healthcare, in fact they like
18 healthy people. They like women of
19 childbearing age, they like children, they
20 like working people, who, by definition, don't
21 tend to be too sick because they're able to
22 keep jobs.
23 They don't technically like -- and
24 we've found this now ten years later in
25 New York City, they don't really like serving,
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1 as much, sick people, because sick people cost
2 more in healthcare. And they get a capitated
3 fee that doesn't necessarily reflect the
4 increased costs of serving an ill population
5 over a relatively healthy actuarial-table-wise
6 population.
7 So the problem I have with your
8 bill is that it mandates dual-eligible
9 Medicaid/Medicare people into these programs.
10 People who are SSI-eligible, people who are
11 HIV-positive, people who have serious mental
12 illnesses, and children and adolescents with
13 serious emotional disturbances, it mandates
14 them into managed care.
15 These not only are people who are
16 statistically sicker than the overall
17 population -- because the Medicaid population
18 is in fact sicker, statistically, than the
19 overall population of New Yorkers -- it
20 subsets out the sickest, so to speak, of the
21 subpopulation of people on Medicaid in
22 New York State and mandates them into programs
23 that I would argue the evidence shows are not
24 necessarily there for them and who in fact
25 have not, at least till this date in the City
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1 of New York -- I won't speak for the rest of
2 the state -- been effective in ensuring that
3 they have the services needed by these
4 subpopulations of exceptionally ill people.
5 And what we have found over time
6 also is that managed-care plans, whether
7 they're involved with Medicaid or the paying
8 insurance consumer or the Medicare consumer,
9 have done pretty much anything they can to
10 figure out how to avoid accepting or keeping
11 or providing services to the most ill,
12 because, again, one capitation rate, growing
13 expenses for serving the ill.
14 And so I would argue that while we
15 need to evaluate, as you point out very well,
16 the need to expand the programs out there and
17 the competition out there, decrease costs,
18 make sure that we've got access to healthcare
19 in every county in this state for people on
20 Medicaid -- and I am not, by definition, an
21 out-and-out opposer of managed care, although
22 I share my colleague's view that we'd be doing
23 far better in this state and country if we had
24 a single-payer universal system -- I would
25 argue that the data from New York City for
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1 special-needs populations shows that those
2 providers are still not out there, are really
3 not equipped to deal with a sick population of
4 people with special needs. And that in fact
5 if we mandated these subpopulations of
6 special-needs sick Medicaid recipients into
7 Medicaid managed-care plans, what we would
8 find is that in some counties there were no
9 providers who were truly willing to serve
10 them. And even in a city as large as
11 New York, we would find that many of the
12 fundamental basic healthcare services that
13 they require are not available in a
14 managed-care setting.
15 Which is why even in the program
16 that's been set up a la special-needs
17 population, Medicaid managed-care programs in
18 the City of New York for the HIV-positive,
19 we've seen actually people disenrolling over
20 time as opposed to enrolling. Not because
21 they're philosophically opposed to managed
22 care, but rather because they couldn't get the
23 services they need.
24 So I think it's an underlying issue
25 within the model of managed care -- capitation
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1 fee, profits versus costs-out for
2 healthcare -- managed care is a model that
3 doesn't work as well for the very ill. These
4 are subpopulations who by definition are the
5 very ill.
6 And so I would urge us to go back
7 and consider parts of your bill without
8 passing this section. So I'll be voting no.
9 Thank you very much, Madam
10 President.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Are there any other Senators
14 wishing to be heard?
15 The debate is closed.
16 The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT LITTLE: Senator
24 Winner, to explain his vote.
25 SENATOR WINNER: Thank you, Madam
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1 President. Briefly to explain my vote.
2 I'm supporting this bill very
3 strongly because here in New York, as all of
4 you know or should know, some 40 percent of
5 our overall budget is expended for the
6 Medicaid program.
7 In the Medicaid program there's
8 nothing more urgent in this state than more
9 managed care, more disease management, more
10 control of our multiply chronically ill
11 individuals. We have a whole series of state
12 agencies that are uncoordinated to provide
13 Medicaid services -- the Department of Health,
14 Office of Aging, OASAS, OMRDD, Department of
15 Mental Health, the Education Department and
16 others that direct Medicaid expenditures. Yet
17 there's no coordination.
18 And these chronically diseased,
19 chronically ill individuals with these
20 multiple illnesses make up a large proportion
21 of the expenditures that we make under
22 Medicaid. And unless we get them under
23 control, we're not only not going to provide
24 them the adequate and proper care that Senator
25 Hannon eloquently demonstrated, but we're not
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1 going to provide the cost savings that Senator
2 Rath is so diligently working for to provide
3 for our localities and our state in this
4 Medicaid program.
5 So I enthusiastically support this,
6 because not only it is necessary but it is
7 what we are going to have to do. And this is
8 going to happen, ladies and gentlemen, in the
9 Medicaid program, or otherwise this state and
10 other states throughout this country are going
11 to go upside down from this Medicaid burden.
12 I vote aye.
13 ACTING PRESIDENT LITTLE: Thank
14 you.
15 Senator Winner will be recorded in
16 the affirmative.
17 The Secretary will announce the
18 results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1263 are
21 Senators Diaz, Dilan, Duane, Hassell-Thompson,
22 L. Krueger, C. Kruger, Montgomery, Parker,
23 Paterson, Sabini, Savino, Schneiderman,
24 Serrano, A. Smith and Stavisky.
25 Absent from voting: Senators
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1 Connor, Gonzalez and Sampson.
2 Ayes, 42. Nays, 15.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1356, by Senator Padavan, Senate Print 407, an
8 act to amend the Vehicle and Traffic Law.
9 SENATOR SCHNEIDERMAN:
10 Explanation.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Senator Padavan, for an
14 explanation.
15 SENATOR PADAVAN: Thank you,
16 Madam President.
17 Very simply put, this bill would
18 preclude the issuance of a driver's license to
19 an illegal immigrant, an undocumented alien.
20 ACTING PRESIDENT LITTLE: Thank
21 you, Senator.
22 Senator Schneiderman.
23 SENATOR SCHNEIDERMAN: I would
24 like to thank the sponsor for the brevity of
25 the explanation.
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1 On the bill, Madam President.
2 ACTING PRESIDENT LITTLE: Thank
3 you. On the bill.
4 SENATOR SCHNEIDERMAN: The
5 difficulty that I have -- and I have
6 substantial difficulties with this piece of
7 legislation, because I think it represents an
8 absolutely incorrect, inefficient,
9 inappropriate and improper approach to dealing
10 with the immigration problems and the crisis
11 that we face because of the breakdown in our
12 federal immigration system.
13 The difficulty with this bill is
14 that, as the sponsor indicates, it does
15 preclude the Department of Motor Vehicles from
16 issuing a driver's license to someone who is
17 not -- cannot demonstrate that they are in the
18 country legally. Unfortunately, the way this
19 bill would have that process occur I think
20 takes a department that functions moderately
21 well now, the Department of Motor Vehicles,
22 and attempts to make a horse out of a cow.
23 The Department of Motor Vehicles
24 would be turned into an immigration agency
25 under this bill. As it states, "The
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1 department will be prohibited from issuing a
2 driver's license or ID card to any person who
3 does not submit satisfactory proof" -- I'm
4 reading from the bill -- "that the applicant's
5 presence in the United States is authorized
6 under federal law."
7 Now, this means the clerks at the
8 DMV are going to have to understand what
9 satisfactory proof is.
10 It goes on to state: "If the
11 department determines or reasonably suspects,
12 based on the information provided, that the
13 applicant's presence in the United States is
14 not authorized, the department shall notify
15 the United States Bureau of Immigrations and
16 Customs Enforcement."
17 This is, unfortunately, a vaguely
18 worded mandate that the Department of Motor
19 Vehicles become an immigration agency.
20 And I assure you that the
21 professionals in our existing federal
22 immigration service have a very difficult time
23 assessing who is and who is not in the country
24 legally. Sometimes these situations are very,
25 very complicated and difficult to ascertain.
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1 We had a case in my district of
2 someone who is in the country, functioning
3 legally, was a citizen by virtue of his
4 mother's marriage to an American citizen, and
5 an issue came up as to whether that marriage
6 had been legal. That required an inquiry
7 about a marriage that had taken place 30 years
8 earlier.
9 This legislation requires the
10 Department of Motor Vehicles to assess whether
11 or not someone is in the country legally and
12 goes on to impose the requirement that they
13 set up procedures to support -- and again, I'm
14 reading from the bill -- "to set up appeals
15 hearings from denials of licenses or temporary
16 licenses." So we're trying to create a whole
17 immigration bureaucracy in the Department of
18 Motor Vehicles.
19 And I realize the sponsor is
20 concerned about issues of immigration law.
21 But I would urge him that trying to make the
22 Department of Motor Vehicles into a front-line
23 agency to evaluate people's immigration status
24 is the wrong approach.
25 This is going on in other states --
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1 this is going on in other states, and I
2 commend to anyone concerned with this issue
3 the reports on what's happened in Tennessee.
4 This drives people out of the system. This
5 forces people who otherwise would come in and
6 get a license and be within the system for
7 safety and law enforcement purposes out of the
8 system, and I think creates two distinct
9 harms.
10 One is what I've referred to before
11 of turning the Department of Motor Vehicles
12 into an immigration agency without providing
13 it the resources or the training to do that.
14 And we know from experiences in other states
15 that this has had a very negative impact.
16 The second is this. The purpose of
17 a driver's license is to ensure that people
18 have training, that they're safe, we know who
19 they are, they have insurance. That is a very
20 important public safety function. To the
21 extent that you break down that agency and you
22 have some people who are driving cars
23 refusing -- because they're afraid of
24 untrained clerks with vaguely worded statutes
25 inquiring into their immigration status, they
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1 don't go to the Department of Motor Vehicles.
2 They're out of the system.
3 That is why law enforcement
4 agencies, to the extent I've had contact with
5 them on this issue -- and we do, because it's
6 a major issue, obviously, in my district,
7 where we have many -- we thrive because of the
8 presence of many immigrants -- law enforcement
9 officers don't like this approach of taking
10 our motor vehicle system and attempting to
11 make it into an immigration agency.
12 So I would urge the sponsor that
13 there may be other things we can do to deal
14 with the issues of the unlawful presence in
15 this country of many immigrants. But taking
16 the Department of Motor Vehicles and trying to
17 turn it into an immigration agency is not a
18 good idea.
19 I realize that there's federal
20 legislation that pushes us in this direction.
21 It does not require us to do what is provided
22 in this bill, however, Madam President. And I
23 would suggest that if we are going to make a
24 move in this direction, which we may have to
25 do because of the federal law, the way to do
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1 this is in the context of the budget.
2 Let's see what DMV needs to make
3 any steps that we are proposing. We can't
4 give them a mandate to set up a process for
5 appeals hearings from denials of licenses or
6 temporary licenses based on immigration status
7 and then expect them to carry this out without
8 creating chaos and without creating a
9 situation in which people who are in this
10 country lawfully will wrongfully be identified
11 as people who are not, because it's sometimes
12 hard to determine, and they don't have a right
13 to a lawyer there. The process would break
14 down, I'm sure, very quickly, because even in
15 the professional agencies mandated to do this
16 today, we have major problems.
17 So I respectfully suggest that this
18 is not the right piece of legislation to
19 address this problem. Let's work on the
20 problem in a more serious and substantial way.
21 Let's not ruin the Department of Motor
22 Vehicles and create an entire new public
23 safety problem and an entire new problem for
24 immigrants.
25 Thank you, Madam President.
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1 ACTING PRESIDENT LITTLE: Thank
2 you, Senator.
3 Senator Serrano.
4 SENATOR SERRANO: I yield to the
5 sponsor, who is standing.
6 ACTING PRESIDENT LITTLE: Senator
7 Padavan.
8 SENATOR PADAVAN: Yes, thank you,
9 Madam President. Let me respond to some of
10 the observations made by the previous speaker.
11 First, let's talk about the
12 driver's license. He says its primary
13 function is to ensure that the person behind
14 that wheel is appropriately there, has passed
15 the tests, is a safe driver, has insurance and
16 so on.
17 That may be true. But let me tell
18 you some of the other uses of that driver's
19 license. It's the first document they ask
20 before you get on an airplane: May I see your
21 driver's license? If you're renting a motor
22 vehicle or a small aircraft: May I see your
23 driver's license, as identity. If you're
24 buying a gun or ammunition, what's the
25 document you provide? A driver's license.
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1 Filling a prescription, applying for a job,
2 opening a bank account, receiving money wire
3 transfers from abroad, enrolling in a training
4 or educational program like learning to fly.
5 Do any of these things seem
6 familiar to you? Well, they are to me,
7 because these are the things that those
8 individuals who flew into the World Trade
9 Center did. They used a driver's license to
10 gain access in a whole host of ways. That's
11 why the driver's license is so important.
12 Which is why only last month a federal law was
13 enacted and signed into law mandating that
14 states do what this bill requires us to do.
15 Now, we talked about the DMV here a
16 moment ago in terms of their responsibilities.
17 The DMV has already stepped forward on this
18 issue. How do they do it? Well, if you look
19 at the application for a driver's license, you
20 see one of the requirements is that you
21 indicate what your Social Security number is,
22 right on the form. So what they did, very
23 simply -- perhaps not so simply, but they did
24 it -- they checked, through the computer
25 system, the validity of those Social Security
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1 numbers. And they came up with 600,000
2 individuals in this state where there was a
3 false Social Security number. Now, right
4 away, when that person put that number down on
5 the application, he or she committed a crime.
6 They set up a procedure for
7 evaluating these wrong systems. And they came
8 up with 252,000 people who had not responded
9 and not resolved the issue through their
10 offices.
11 Now, the matter was taken into
12 state court, and the court ruled at this
13 juncture, at this level of the system, that
14 they did not have the authority to revoke
15 these driver's licenses by virtue of the
16 action they had taken and that the Legislature
17 had to give them the authority. Now, that
18 matter is on appeal.
19 In this bill we would be giving
20 them the authority to do what they've already
21 been doing. So this nonsense about a
22 bureaucracy or all of the problems that DMV
23 would have really is not applicable at all.
24 They've already done it. They've already
25 found out who these people are. Now we want
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1 to give them the authority to do what they
2 intended to do, and that's take away their
3 driver's license.
4 Now, the enactment that I referred
5 to before which took place in the capital, in
6 our nation's capital, Title 8, Chapter 12,
7 Subchapter 11, part 9 specifically mandates
8 that states deal with the driver's license
9 issue in the fashion that we are attempting to
10 do today.
11 There is a phase-in for that
12 enactment, that's true. But there's no reason
13 in the world why we shouldn't step forward,
14 particularly in view of what DMV has already
15 done.
16 I've talked to the commissioner.
17 He said they found examples of people with
18 three different licenses, with three different
19 Social Security numbers, with different
20 driver's licenses in their possession for
21 obviously illegal if not inappropriate
22 purposes, depending upon the situation that
23 they were dealing with. Massive fraud.
24 In regard to the issue of
25 "reasonable" that the previous speaker
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1 referred to, "reasonable" is reasonable. The
2 DMV was reasonable in their approach to this
3 problem. And certainly we want them to
4 continue to be reasonable.
5 There can be situations where there
6 are errors. Someone may have made a mistake
7 when they put in the Social Security number.
8 That has to be resolved. We want them to be
9 reasonable in how they approach this entire
10 issue.
11 But the fact remains, we have an
12 obligation to the people of this state to not
13 only comply with federal law but to protect
14 our citizens against those who are here who
15 are up to no good, who are here to commit
16 crimes, who are here as terrorists, who are
17 here to rip off our system. And that's what
18 this legislation is all about.
19 ACTING PRESIDENT LITTLE: Thank
20 you, Senator Padavan.
21 Senator Serrano.
22 SENATOR SERRANO: Madam
23 President, on the bill.
24 ACTING PRESIDENT LITTLE: On the
25 bill.
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1 SENATOR SERRANO: We all know
2 that immigration is the foundation of our
3 society. Yet over the years there's been such
4 a steady eroding of the rights of new
5 immigrants, there have been so many barriers
6 that have been put in place that have made it
7 more difficult for those seeking a better life
8 to obtain the necessary papers that they need
9 in order to, as this law would put it, to get
10 a driver's license.
11 We all know that immigrants provide
12 a major pillar in the foundation of our
13 economy. Without a driver's license, they
14 will not be able to get to work, not be able
15 to pay taxes, and not be able to make a better
16 life for their family, which is the American
17 dream.
18 And I believe that using 9/11 as a
19 blanket excuse to hurt new immigrants is
20 wrong. Law enforcement's role is to root out
21 terrorists and criminals. And blanket methods
22 that hurt the vast majority, vast majority of
23 immigrants, which are here to build the
24 American dream, is wrong. They are here to
25 defend this country, they are here to die for
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1 this country.
2 And I think we should be doing
3 something more to send a more positive message
4 to the immigrants that we want to help them to
5 get the papers that they need in a more timely
6 manner, so that they will be able to apply for
7 their driver's license or do whatever it is
8 that they need to do. Remove barriers to
9 citizenship, which I think hurt immigrants
10 year after year.
11 So I believe that this is the wrong
12 message to send to immigrants. This is the
13 wrong message to send to those who are looking
14 to build a better life for themselves here.
15 And I intend to vote no on this, Madam
16 President.
17 ACTING PRESIDENT LITTLE: Thank
18 you, Senator.
19 Senator Balboni.
20 SENATOR BALBONI: Madam
21 President, the place where I am seated in the
22 chamber is eminently appropriate for my
23 position on this bill. I am between Frank
24 Padavan and Senator Serrano on this particular
25 issue.
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1 On the one hand, when I met with
2 the spouses of victims of 9/11 and with the
3 Director of Homeland Security, Jim McMahon,
4 they had one message: Hey, it's four years
5 later. What are we waiting for with driver's
6 license security? We know it was the tool
7 that terrorists used to gain access to the
8 country. Why haven't we fixed it? What are
9 we waiting for, and what is it going to take
10 to act?
11 And then I traveled to Washington,
12 D.C., represented 50 states in the nation in a
13 negotiated rule-making group that talked about
14 the implementation of this fix for driver's
15 licenses. And what became very apparent was
16 that you can't shut out the immigrant, that so
17 much of our society depends upon the immigrant
18 being able to drive. And that in certain
19 cases it almost becomes secondary -- yes,
20 secondary.
21 You know why? Because what became
22 very apparent is that the federal government
23 does not have their act together when it comes
24 to immigration, plain and simple. They have
25 never committed the resources they need to
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1 commit to make our borders secure, safe and
2 usable by folks who are innocent, law-abiding
3 and taxpaying, who want to become citizens but
4 we don't give them the opportunity. They have
5 to stand in lines around the immigration
6 departments in Lower Manhattan waiting to try
7 to get a visa, waiting to try to get a green
8 card. And we've never, never in this nation
9 recognized that how we view government isn't
10 the way everybody in the world views
11 government.
12 On Long Island there's a huge
13 population of individuals from El Salvador.
14 Look at the El Salvadorian history. They view
15 government with suspicion, not with hope. And
16 yet I think we've done a terrible job as a
17 nation, frankly, in reaching out to those
18 immigrants to say, You know what, we want you
19 here in this country, we want you here
20 legally, we want you here as part of the
21 mosaic. We've not done a good job.
22 So here's the conflict. On the one
23 hand, Frank Padavan is absolutely correct.
24 This bill is what the federal government has
25 now said we must have. And in three years, if
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1 we don't adopt this type of language, guess
2 what happens? Our driver's licenses will not
3 be usable for any federal purpose. That means
4 getting into a federal building, that means
5 getting on a plane, that means doing anything
6 else.
7 But the Real ID Act did something
8 that was bad. It put the cart before the
9 horse. It said: Create a system of security,
10 do it now, but we're not going to tell you
11 what will constitute the safe card. We're not
12 going to give you any of the parameters. You
13 decide that yourself. We're not going to give
14 you guidance. But make it secure and make it
15 now.
16 We had an opportunity on this
17 rule-making committee to actually get through
18 some of these hard issues, and our legs were
19 cut off in the middle of the process. That's
20 too bad.
21 But like it or not, Frank Padavan's
22 bill is necessary. And like it or not, we
23 need to change the way we view the immigrant
24 population in this nation and the realities of
25 how people live and work in our society today.
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1 I'm going to wait and hear the rest
2 of the debate. I don't know how I'm voting on
3 the bill. But I tell you this. We need to
4 talk a lot more about this, because these are
5 the basic tensions of our society. And until
6 we figure out to solve this and make it into a
7 user-friendly, secure system, we won't be
8 secure and we won't be user-friendly for
9 anybody that we want in our nation.
10 Thank you, Madam President.
11 ACTING PRESIDENT LITTLE: Thank
12 you, Senator Balboni.
13 Senator Parker.
14 SENATOR PARKER: Madam President,
15 on the bill.
16 ACTING PRESIDENT LITTLE: Thank
17 you. On the bill.
18 SENATOR PARKER: I continue to be
19 disturbed by bills that come up in this house
20 that are both anti-immigrant and also, I
21 think, overstep the bounds of what our
22 authority is as a state legislature.
23 I want to agree with Senator
24 Serrano as he talks about what we ought to be
25 doing here: really, the value of making not
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1 just the United States but New York State, the
2 Empire State, more accessible to immigrants.
3 Here we're talking about, you know, again a
4 country, a state, a city that was built on the
5 backs of immigrants.
6 And, you know, I think that some
7 people in this Legislature suffer from what I
8 call the Mayflower complex. And in the
9 Mayflower complex, people all dream, they
10 imagine that their ancestors arrived here on
11 the Mayflower, before there was a United
12 States, before there was a Constitution. That
13 they were here, you know, standing next to the
14 aboriginals and, you know, thus did not need
15 any kind of naturalization. They pretend that
16 everything is fair and equitable for everyone
17 and that the American pie is an endless supply
18 that anybody can just make access to. But
19 unfortunately, that is not the reality.
20 And this Legislature is really
21 proof positive of that, that we need to work
22 together to figure out how we in fact make
23 this place a better place for everyone,
24 particularly for immigrants, who have given so
25 much and continue to give so much.
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1 I mean, let's understand who they
2 are. The people who we are talking about
3 denying access to drive a car today or to
4 drive a vehicle or deny access for a driver's
5 license are the people who drive cabs.
6 They're the people who upstate, you know, make
7 this one of the greatest agricultural
8 communities in the entire country.
9 You know, New York State is the
10 number-one producer of apples in the country,
11 the number-two producer of cabbage, the
12 number-three producer of snap peas and sweet
13 corn, the second-largest producer of maple
14 products, the fourth-largest producer or
15 fifth-largest producer of dairy products. I
16 mean -- and how does that stuff all get from
17 upstate farms to our shelves in Brooklyn?
18 Well, there are lots of immigrants who are
19 engaged in farming all over the state of
20 New York.
21 They are people who drive cabs and
22 drive trucks. They are the folks who clean
23 our houses. They are the folks who take care
24 of our children. These are working men and
25 women who want nothing more than an
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1 opportunity to make a living in this country.
2 And I'm glad to see my colleague
3 Senator Balboni speak to and point out the
4 failure of leadership at the national level.
5 Because President Bush has talked about, you
6 know, making it accessible for immigrants to
7 earn a living and to be engaged in the
8 economic system of the United States.
9 However, there has been no bill submitted. To
10 date, there's no bill submitted.
11 And so we really need to figure out
12 exactly, again, the issues that Senator
13 Balboni raised. How do we give the vast
14 majority of people who are here, who intend to
15 be law-abiding, an opportunity to enjoy the
16 economic opportunities that are present here
17 in this great country, but at the same time
18 protect ourselves against, you know, terrorist
19 acts that we are now clear face us?
20 And I think that part of that needs
21 to be done on the national level. And we
22 really need to, you know, work together.
23 Maybe a joint letter from the members of this
24 Legislature, which I would love to help sit
25 down and draft and obviously sign, you know,
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1 asking the federal government to do better
2 both at the immigration process but, more
3 importantly, at dealing with fighting
4 terrorism.
5 And particularly making sure that
6 states like New York State are higher on the
7 priority list in terms of how federal dollars
8 are doled out. And making sure that we are
9 able to get the things that we need for first
10 responders. And to make sure that we have the
11 kind of intelligence network across this
12 country and throughout the world that we
13 really need in order to prevent terrorism.
14 However, this bill doesn't do that.
15 This bill is a response to the Real ID Act,
16 and I do understand that. And where I agree
17 with Senator Balboni on the fact that we need
18 to respond to this duality, I disagree in the
19 fact that this is the only way that we in fact
20 can respond to the Real ID Act. Because
21 there's actually many options. And creating a
22 second tier is not the only option that
23 exists. And we need to have a more thorough
24 discussion about that.
25 I don't know, let's try something,
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1 you know, radical. I don't know, a public
2 hearing might work in terms of, you know,
3 finding out what are the things that our
4 constituents and some of the experts are
5 thinking. I don't want to, you know, push
6 this legis -- I know this is a deliberative
7 body; I don't want to push us too far. But
8 maybe a public hearing might work in terms of
9 us, you know, trying to get to the root of
10 this serious problem.
11 Our driver's licenses must be
12 something that are of value. It does provide,
13 as Senator Padavan pointed out, a first and
14 primary ID for most people. And it should
15 continue to do that, and we need to figure out
16 the best way to do that. But I'm not clear --
17 actually, I'm very clear that it doesn't stop
18 people who are engaged in terrorism from
19 hatching their devilish schemes.
20 9/11, which is near the forefront
21 of everybody's mind as we talk about
22 terrorism, the men who were engaged in that
23 horrible, horrible, horrible event had
24 documents, had driver's licenses. It was not
25 those driver's licenses that allowed them to
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1 get on the plane. It was not those driver's
2 licenses that allowed them to get access to
3 the things they had access to. In fact, most
4 of them were here legally, in fact.
5 So not having their driver's
6 license would not have stopped them from
7 boarding the plane, it would not have stopped
8 them from flying the planes into the towers,
9 it would not have stopped them from hatching
10 what, again, proved to be one of the darkest
11 days in this country's history.
12 And in fact, if you listen to the
13 experts on the federal level, having driver's
14 licenses actually allowed the law enforcement
15 to identify who the terrorists were. And in
16 fact, we ought to be looking at ways to get
17 people registered in the system so we know who
18 people are and where they are. That is a way
19 that you deter terrorism and you deter -- and
20 I mean, you know, just last week we were
21 talking about sex offenders, and we want to
22 put ID bracelets on sex offenders because we
23 want to know where they are.
24 So what you're now saying is that
25 you want to take away ID from people so they
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1 can disappear, so we don't know where they
2 are. So instead of having people that we
3 begin with having a description, an address
4 and a photo of, so that we can ID people,
5 you're now saying let's make potential
6 terrorists, who may in fact be illegal
7 immigrants, let's make them totally invisible
8 to the system. So that if in fact something
9 does happen, we have no way to track them.
10 That's what this legislation does.
11 And it has a number of
12 implications. One of the things that bothers
13 me, and this is why, in coming here with the
14 leadership of David A. Paterson, we created
15 and David has given me an opportunity to chair
16 a task force on new Americans, to in fact look
17 at and discuss these issues in a way that
18 comes out in a win-win. Because if we in fact
19 do this, the implications for our communities
20 are going to be great, not just in mine but
21 also in the sponsor's community, where people
22 will not be able to earn a living, where both
23 their dollars and their work will drop off of
24 the grid, people will stop paying taxes,
25 people will stop being engaged in the legal
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1 economy.
2 But then also, many people who use
3 transportation either as a means to earn their
4 living or people who use transportation as a
5 way to get to their job, I hate to tell us, I
6 hate to tell people this, but they are not
7 going to stop driving. They are not going to
8 stop driving.
9 It would be irresponsible for me as
10 a legislator and a member of the Insurance
11 Committee to stand here and vote for a bill
12 that I know will continue to increase
13 ratepayers' rates around the state on
14 insurance. Because we will not only have more
15 people driving without insurance, but if you
16 think the number of hit-and-runs that has been
17 documented by the Daily News and the Post and
18 the Times is bad now, take away people's
19 driver's licenses and let's see what happens.
20 The numbers of hit-and-run
21 accidents I assure you is going to quadruple.
22 It's going to be through the roof. And what
23 that will do to the insurance rates in places
24 like Brooklyn and Queens and the Bronx will
25 be -- people will not be able to afford to
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1 drive cars. We'll have insurance companies
2 fleeing the state. It will be a nightmare.
3 And so this bill doesn't take us
4 where we need to go. Because if you think
5 that a terrorist is going to be deterred --
6 you take a terrorist, somebody who's going to
7 blow up a corporate headquarters, who gets a
8 van, fills it up with explosives, is going to
9 drive it through the lobby of a office
10 building. You think that they're going to get
11 there and say, Oh, I don't have a driver's
12 license, I can't do this dastardly deed? It's
13 ridiculous.
14 We are simply stopping people who
15 want to be engaged in this country's economy,
16 people who are primarily hardworking and
17 good-intentioned. We are really killing the
18 opportunity. We are waking people up from the
19 American dream. And that's not what I think
20 the sponsor wants to do. That's not what I
21 think this Legislature wants to do.
22 And so I would ask that we don't
23 vote no, but the sponsor withdraw this bill,
24 that we immediately get together and convene
25 some public hearings to talk about how we
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1 engage this bill. And I will even come back,
2 you know, from my summer vacation so that we
3 may pass a bill that deals with properly
4 addressing the issues of driver's licenses and
5 making sure that we not only have a safe state
6 but we have one that's accessible to the hopes
7 and dreams of the people who have come here to
8 earn a decent life.
9 Thank you, Madam President.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Senator Diaz.
13 SENATOR DIAZ: Thank you, Madam
14 President.
15 Through you, Madam President, will
16 the sponsor yield for a question.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 Senator Padavan, do you yield for a
20 question?
21 SENATOR PADAVAN: Yes, certainly.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 The Senator yields.
25 SENATOR DIAZ: Thank you.
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1 I am a Puerto Rican. Puerto Rico
2 is a small island in the Caribbean. For
3 what's recently happened in the world, Puerto
4 Rico is part of the United States. And I
5 belong to a party in Puerto Rico called the
6 New Progressive Party. That is a party that
7 wants Puerto Rico to become the 51st state.
8 And this is the star of that party.
9 This is the star. Whenever you see this star,
10 anybody, that means the person --
11 SENATOR PADAVAN: May I inquire
12 what your question is, Senator?
13 SENATOR DIAZ: I'm going to get
14 to that. I'm going to get to the question.
15 SENATOR PADAVAN: Okay, thank
16 you.
17 SENATOR DIAZ: That means that
18 anybody, people that wear this star want
19 Puerto Rico to be a state. And why is it that
20 we want Puerto Rico to become a state?
21 Because we avoid a lot of problems by coming
22 here and by getting jobs and by producing
23 paper.
24 Now, do you, Senator Padavan, do
25 you know that there are close to 300,000
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1 people with driver's licenses that are in
2 danger of losing those licenses?
3 SENATOR PADAVAN: Senator, I
4 don't know if you heard me --
5 SENATOR DIAZ: Yes or no?
6 SENATOR PADAVAN: What?
7 SENATOR DIAZ: Do you know
8 that --
9 SENATOR PADAVAN: I'm going to
10 answer your question.
11 SENATOR DIAZ: I just want you to
12 answer my question. Do you know --
13 SENATOR PADAVAN: I am going to
14 answer your question.
15 ACTING PRESIDENT LITTLE: The
16 Senator is answering.
17 SENATOR DIAZ: Is it yes or no?
18 SENATOR PADAVAN: As I indicated
19 earlier, the Department of Motor Vehicle
20 bureau, our state agency responsible for the
21 issuance of driver's licenses, by virtue of
22 checking Social Security numbers, determined
23 in the final analysis that there were 252,000
24 driver's licenses that were fraudulently in
25 possession of individuals that we've been
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1 talking about.
2 So therefore, I do know that there
3 are a significant number of people who are
4 driving with fraudulent driver's licenses
5 obtained in a fraudulent manner.
6 SENATOR DIAZ: Madam President,
7 through you, will the sponsor yield.
8 SENATOR PADAVAN: Yes.
9 ACTING PRESIDENT LITTLE: Thank
10 you. Senator Padavan yields.
11 SENATOR DIAZ: Senator Padavan,
12 then in order that those persons that have
13 driver's licenses, they use those driver's
14 licenses to work, they are earning money, they
15 are driving trucks, taxis, they are supporting
16 their families, through that -- because of
17 that driver's license.
18 What do you suggest we do with
19 them?
20 SENATOR PADAVAN: Well, Senator,
21 the bill is very specific in this matter. If
22 they are an illegal immigrant, a referral
23 should be made and must be made, by virtue of
24 this bill, to immigration authorities.
25 SENATOR DIAZ: So we should put
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1 them -- through you, Madam --
2 ACTING PRESIDENT LITTLE: Senator
3 Padavan, do you yield?
4 SENATOR PADAVAN: Yes.
5 ACTING PRESIDENT LITTLE: The
6 Senator yields.
7 SENATOR DIAZ: So we should put
8 all of them on a barge, on a ship, and send
9 them back to their countries?
10 SENATOR SALAND: Every person who
11 is addressed in that manner has an opportunity
12 for a hearing and an appeal. There is a
13 process that is followed. And that process
14 should be followed.
15 You know, Senator, you know, I've
16 listened to a lot of dialogue from you and
17 your predecessor there on the floor, and some
18 of it I find particularly offensive. The
19 second time he indicated to me that my bill
20 was anti-immigrant.
21 Now, I happen to be a
22 second-generation immigrant in this country.
23 My grandparents on both sides came here from
24 Italy at a time when vast numbers of
25 immigrants came to this country. And we see
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1 another wave of immigrants coming to this
2 country. And they are welcome because they
3 provide so many resources and benefits,
4 whether they come from Puerto Rico or wherever
5 they come from. Although Puerto Rico is part
6 of our -- you are a citizen if you are in
7 Puerto Rico.
8 But the fact remains, the fact
9 remains they came here legally. They came
10 here with good purposes in mind, to improve
11 their economic status, to raise a family, to
12 work hard, to be contributors to this great
13 nation. We are all, in this chamber, unless
14 we happen to be Native Americans, the products
15 of immigration. And we're all proud of it.
16 I'm proud of the sacrifice that my
17 grandparents made. They were very brave
18 people. They gave everything, they gave up
19 everything and got into a boat on steerage --
20 is there someone up on the balcony you want to
21 talk to, or you want to listen to me?
22 SENATOR DIAZ: I'm listening to
23 you.
24 SENATOR PADAVAN: You're throwing
25 kisses up there, and I'm just curious as to
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1 who it was.
2 SENATOR DIAZ: You're not
3 answering my question.
4 SENATOR PADAVAN: I'm answering
5 your question.
6 SENATOR DIAZ: No, you're not.
7 SENATOR PADAVAN: Now, the fact
8 remains that we have an obligation in this
9 country to protect all our citizens. In my
10 county -- which is referred to often, because
11 it's so -- the most diverse county in the
12 nation, we have more different immigrant
13 populations in Queens than any part of this
14 country. And many of them, if not most of
15 them, live in my district. They're wonderful
16 people. They all make a contribution.
17 When you have someone who came to
18 this country up to no good, who does get a
19 driver's license by breaking a law, both
20 federal and state -- when you forge a Social
21 Security number, you've violated a federal
22 law. When you put it on an application with
23 the Department of Motor Vehicle bureau, you're
24 violating a state law. So at that point in
25 time they've already committed two crimes.
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1 When those type of individuals are
2 out in the community, then we have to be
3 concerned and we have to take action. And
4 that's what this bill is all about.
5 The Statue of Liberty has at the
6 foot of it, Senator, some beautiful words:
7 Send us your wretched, your yearning masses to
8 breathe free. And on and on it goes. It
9 doesn't say: Send us your thieves, your
10 cutthroats, your robbers, your arsonists, your
11 terrorists. That's not who we want to welcome
12 here. And if they fall in the category of
13 these people, then we have an obligation to do
14 something about it.
15 SENATOR DIAZ: Madam President,
16 through you, will the sponsor continue to
17 yield.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 Senator Padavan, do you continue to
21 yield?
22 SENATOR PADAVAN: Yes.
23 ACTING PRESIDENT LITTLE: Yes,
24 the Senator yields.
25 SENATOR DIAZ: I'm going ask my
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1 question one more time to see if we could
2 understand each other.
3 Most of the 350,000, 400,000 people
4 who happens to have driver's licenses in the
5 State of New York, they, the majority of them
6 use that driver's license to support their
7 families, to work, to earn an honest living,
8 drive trucks, taxis, whatever. What do you
9 suggest, Senator Padavan, that we do with
10 them?
11 SENATOR PADAVAN: Very simply,
12 Senator, we do what the bill says. If they're
13 an illegal immigrant, refer them to that
14 authority that must deal with that issue.
15 SENATOR DIAZ: And the families?
16 SENATOR PADAVAN: Senator, if you
17 applied for a medical license and you did so
18 fraudulently, they take away your medical
19 license. If you applied for a barber's
20 license and you did so fraudulently, they take
21 away your barber's license.
22 These licenses are privileges.
23 They're not rights. If you do not apply
24 properly and legally, you're not entitled to
25 the license. That's the only answer I can
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1 give you.
2 SENATOR DIAZ: One last question,
3 if he have the desire to listen to me for one
4 more question, Madam President.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Senator Padavan, do you yield for
8 an additional question?
9 SENATOR PADAVAN: Yes.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 The Senator yields.
13 SENATOR DIAZ: I don't understand
14 the purpose of this bill. Maybe --
15 SENATOR PADAVAN: I'm sorry,
16 what?
17 SENATOR DIAZ: The purpose of
18 this bill.
19 SENATOR PADAVAN: The purpose of
20 the bill.
21 SENATOR DIAZ: Yes.
22 Number one, I don't know -- I'll
23 play Columbo here. I don't know if the bill
24 is to stop issuing driver's licenses or to
25 make the Department of Motor Vehicles an agent
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1 of the immigration department. So which one
2 of the two is it?
3 SENATOR PADAVAN: Senator, I hate
4 to be repetitious, because I'm sure people
5 are --
6 SENATOR DIAZ: Please. You know,
7 I'm a dumb Puerto Rican.
8 SENATOR PADAVAN: But I'll repeat
9 what I said to you earlier --
10 SENATOR DIAZ: Don't worry, I'm a
11 dumb Puerto Rican that --
12 SENATOR PADAVAN: I'm not
13 worried. You may not be worried. But others
14 may be worried. And I'll tell you what
15 they're worried about.
16 The driver's license, what is it
17 used for? We said it before, to get on an
18 airplane, to rent an airplane, to rent a car,
19 to do all kinds of things. How many times in
20 your life -- I'm sure you will think about
21 this for the moment -- have you been asked for
22 your driver's license as a form of valid
23 identity? Thousands. And it happens all the
24 time, it happens everywhere.
25 So the driver's license is not just
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1 permission to drive a car. It's the primary
2 source of identification everywhere you go,
3 for almost every purpose you could possibly
4 think of.
5 So when terrorists transfer money
6 which they use to do their thing -- or other
7 criminal activity, drug smuggling. We passed
8 a bill here just yesterday, which passed
9 unanimously, dealing with placing immigrants
10 in bondage, in slavery, for prostitution and
11 other things, and money is transferred back
12 and forth. What is used? The driver's
13 license. You could go on and on on that
14 issue.
15 And so when we deal with the
16 driver's license, we're talking about a great
17 deal more than driving. And that's why it's
18 so critical that the driver's license should
19 be in the hands of someone who has not already
20 committed a crime. The word "unlawful" is
21 quite clear. And when you get that driver's
22 license in the manner I've described, you have
23 committed an unlawful act.
24 And if you're an illegal immigrant,
25 you're here illegally and action should be
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1 taken as it's deemed appropriate by those
2 agencies that have the enforcement authority.
3 SENATOR DIAZ: Madam President,
4 on the bill.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Senator Diaz, on the bill.
8 SENATOR DIAZ: In the three years
9 that I have been here, I have learned that
10 once a bill comes onto the floor, it is an
11 exercise in futility to discuss it. You're
12 going to pass it anyway. So -- but let me
13 vent my frustration.
14 And this bill that I'm reading
15 here, even though Senator Padavan says that
16 the bill is to correct or to deal with the
17 issuing of driver's licenses, when I read the
18 bill Section 502(B), paragraph 3, the bill
19 reads as follows: "If the department
20 determines or reasonably suspects, based upon
21 the information provided to it, that the
22 applicant's presence in the United States is
23 not authorized under federal law, the
24 department" -- meaning the Department of Motor
25 Vehicles -- "the department shall notify the
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1 United States Bureau of Immigration and
2 Customs Enforcement of such person's suspected
3 illegal status."
4 So I don't understand if this bill
5 is to deal with the driver's license or to
6 make the Department of Transportation an agent
7 of the immigration department.
8 Paragraph 4 reads: "The department
9 shall adopt regulations to carry out the
10 purposes of this section, including procedures
11 for but not limited to verifying that the
12 applicant's presence in the United States is
13 authorized under federal law." So that means
14 that this bill is making the Department of
15 Transportation an agent of the immigration
16 bureau.
17 And if that's what we're doing --
18 that's what I was asking. I want to
19 understand, is that what we're doing. Are we
20 dealing with the driver's licenses, or are we
21 dealing with making the Department of
22 Transportation an agent of the immigration
23 department?
24 SENATOR PADAVAN: Madam
25 President, will the Senator yield?
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1 ACTING PRESIDENT LITTLE: Thank
2 you.
3 SENATOR PADAVAN: Senator, did
4 you hear me earlier when I told that you even
5 without the federal statute, last year, over a
6 period of time, the Department of Motor
7 Vehicles, on its own initiative, without any
8 direction from the Legislature, attempted to
9 determine whether driver's licenses were in
10 the hands of people illegally?
11 They took the initiative and
12 checked the Social Security numbers, which
13 they're able to do now. They determined there
14 were over a quarter-million people out there
15 who are running around with driver's licenses
16 that they obtained fraudulently. This bill
17 didn't make them do anything. They already
18 did it.
19 Now, the problem is their actions
20 have been challenged in the courts. And this
21 legislation would in effect give them the
22 authority to do what they've already done. I
23 hope you understand that, Senator.
24 SENATOR DIAZ: No, I don't.
25 SENATOR PADAVAN: Well, then,
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1 you're not listening.
2 SENATOR DIAZ: I don't. I mean,
3 I --
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator.
6 SENATOR DIAZ: They -- the
7 Department of Transportation started to --
8 started a policy to stop issuing driver's
9 licenses --
10 ACTING PRESIDENT LITTLE: Excuse
11 me, Senator Diaz. Are you speaking on the
12 bill?
13 SENATOR DIAZ: I'm still on the
14 bill.
15 ACTING PRESIDENT LITTLE:
16 Continue, thank you.
17 SENATOR DIAZ: I'm still on the
18 bill, Madam President. And he stopped me for
19 a question.
20 The Department of Motor Vehicles
21 stopped issuing driver's licenses unless,
22 unless the person could produce the necessary
23 documents. And that was said. But the
24 Department of Motor Vehicles never was
25 reporting to the immigration department those
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1 people that don't have papers.
2 This bill, this bill says here that
3 this bill is authorizing the Department of
4 Transportation to report illegal immigrants if
5 the Department of Transportation feels that
6 that person has not the necessary papers to be
7 in this country. That's what this bill is
8 saying.
9 And I'm saying that's outrageous.
10 That's -- that's not what we're dealing with.
11 I mean, we're dealing with driver's licenses,
12 or we're dealing with making departments to
13 start reporting to the Department of
14 Immigration everybody that cannot produce
15 papers? And that's -- that's -- that's what I
16 don't understand.
17 I'm Puerto Rican; I'm saying again,
18 I don't have the problems. But we have
19 350,000 or 300,000 people that are working.
20 And the Department of Transportation issued
21 those driver's licenses to them. They have
22 driver's licenses. They are working, they are
23 supporting their family, they are supporting
24 their children, they are paying taxes. Now,
25 we take away those driver's licenses, are they
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1 going to work to support their family? Or we
2 should send the family to welfare?
3 (Response from gallery.)
4 SENATOR DIAZ: Thank you. At
5 least I got one follower there.
6 ACTING PRESIDENT LITTLE: Senator
7 Morahan.
8 SENATOR MORAHAN: Thank you,
9 Madam President.
10 I rise here really to address a
11 greater issue that we are speaking all about,
12 around, but not to.
13 I'm a son of immigrants. My family
14 came, my mother and father came from the other
15 side of the ocean. They settled here, they
16 went through the application process. My
17 father delivered ice off an ice wagon, my
18 mother worked as a domestic, and they became
19 citizens. Never had a driver's license;
20 raised us anyhow. Put us through schools.
21 They spent their lives trying to make the
22 world for us, their children, and I in turn
23 for my children, their grandchildren. I never
24 had the privilege to meet a grandparent of
25 mine.
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1 So when I hear about immigrant talk
2 here, I have no problem with immigrants. But
3 there's a difference, in my mind, between an
4 immigrant and an illegal alien. That's the
5 term that we should be using, as opposed to
6 "immigrant."
7 This country was built and will
8 continue to be built by immigrants. It's the
9 one thing that makes our nation strong.
10 Because our population, no matter what the
11 birth rate, continues to grow. And a country
12 and a nation with a growing economy is a
13 prosperous nation. So immigration is indeed,
14 by itself, welcomed.
15 Now, we're talking about a nation
16 of laws and regulations that come from those
17 laws. And either we are a nation of laws or
18 we're not. And what I hear here is that if
19 people come into this country through illegal
20 means and have an illegal status, that's the
21 bar that they have to meet. And once you get
22 to that bar, you're fine. Well, it's really
23 not that way, not if we have the laws that we
24 have on the books.
25 You want to change the laws on the
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1 books? If we want to say as a nation that
2 anyone who comes to our shores and arrives
3 here safely is welcomed, period, end, they can
4 vote the next day or whatever you want them to
5 do as citizens, or declare them as citizens,
6 that's a law. That's a change. But that is
7 not the law in this country. It's not the
8 regulations that are the outcropping of those
9 laws. And I think that's what concerns many
10 people around this state.
11 Senator Parker mentioned President
12 Bush. President Bush came out with a proposal
13 to give amnesty to all of those who are here
14 now illegally, if you will, but give them
15 status so they could remain. It was
16 universally rejected. By Congress? Not
17 necessarily. But by the American people,
18 people along all the southern states, along
19 the borders. People don't like that idea.
20 They think that there's a process and we ought
21 to meet that process.
22 So I get a little upset when I hear
23 this anti-immigration talk. I don't think
24 anybody would be in this room without
25 immigration. So that is not purpose of this
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1 bill.
2 We use the ID, the driver's
3 license, as an acceptable, universal ID all
4 through this state and indeed this nation. If
5 I go to an airport, I have to show my passport
6 or my driver's license. If I cash a check, I
7 have to show my driver's license. There's not
8 anything I do that takes verification that I
9 don't have to show my driver's license. So
10 we're talking about probably the most
11 intrinsic document that verifies our
12 citizenship or being and who we are. Even if
13 we don't drive, we now use the same process
14 for the nondriving resident ID.
15 Now, if you don't like that, then
16 we ought to propose different sorts of laws.
17 But what Senator Padavan is proposing here is
18 that this is something that's being done as we
19 speak. They have found hundreds of thousands
20 of people with fraudulent IDs -- and licenses,
21 therefore. And I don't know that I feel
22 comfortable with 200,000 people riding around
23 with fraudulent driver's licenses. We don't
24 know how they got them. Did they pass a test,
25 they didn't pass a test? Are they insured?
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1 It brings up a host of other questions, not
2 merely going to work.
3 There's ways to deal with the
4 immigration problems. When I met with Mr. Jim
5 Kallstrom, former FBI director for New York
6 City, when I was chairing the Veterans and
7 Military Affairs Committee in this Senate, we
8 talked about security. And at that time it
9 was almost a laughingstock on the security
10 around this building after we even put it in
11 place. It's still something that's built like
12 a sieve. And I asked him, "How do we really
13 deal with that?" He said, "Senator, this is
14 all cosmetic. It's all about feeling a little
15 bit safer."
16 But you're not safe. You're not
17 safe till you protect your borders. You're
18 not safe till you know who's inside the
19 borders. That's when we'll be safe. I don't
20 know that we'll ever be there, but we
21 certainly should have that as some sort of
22 goal.
23 Look at the alleged vigilantes that
24 were covering the borders in the southeast
25 part of -- the southwest, rather, in Texas,
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1 along the borders. Citizens who were so riled
2 up about the immigration, illegal immigration,
3 that they took it onto themselves to guard the
4 borders. That's a very dangerous situation.
5 That's how things bad things happen. But it
6 shows how driven people are about this issue.
7 The Department of Motor Vehicles
8 now does its screening. It does what it does,
9 there is an appeal process. Obviously, one
10 appeal went to court and it was found -- the
11 court said they didn't have the authority
12 because there was no specific law saying this
13 or that. But the court did not dismiss the
14 case. The court did not say that Motor
15 Vehicles was wrong. It just said they didn't
16 have the authority to back them up.
17 This bill does that. This bill
18 should be nothing to be feared for -- feared
19 by immigrants or illegal -- legal immigrants.
20 Illegal aliens, that's another issue.
21 How do we deal with the illegal
22 aliens that are in the country already, paying
23 taxes, if they are, supporting their families,
24 as they do? I represent a farming community
25 as well as others. And we do much for the
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1 immigrant farmers. And these are itinerant
2 farmers, labors, if you will, who come from
3 across our borders with papers and work here
4 temporarily, bring in the crops, and go back
5 home to their families.
6 Some bring their families. I visit
7 with their children in summer schools when
8 they're being trained up here and educated up
9 here. But they are immigrants for a purpose.
10 They're farmworkers. They come under
11 regulations, and they are protected by
12 regulations.
13 So I believe this bill deserves our
14 support. I support you, Senator Padavan, in
15 this attempt to bring some control, if you
16 will, over what is happening around us.
17 Thank you, Madam President.
18 ACTING PRESIDENT LITTLE: Thank
19 you, Senator Morahan.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Madam
22 President, very briefly.
23 But when we're talking about the
24 illegal status, what we're talking about is
25 condemning people to be permanently in an
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1 underclass, permanently in a limbo state where
2 they have no recourse to the courts, in fact,
3 because if they do go to the police, go to the
4 authorities, they're exposing their illegal
5 status and putting themselves at risk.
6 Someone talked about them paying
7 taxes. Aside from sales tax, I don't know
8 what they could pay. They're mostly paid off
9 the books. They're not paid on the books.
10 They can't be paid on the books because they
11 don't have legal status.
12 So we're dealing with a group of
13 people who really do not have access to the
14 American dream that they've come here for.
15 And I agree, most -- they're not coming here
16 to be terrorists, most are not here to be
17 terrorists, most are not here to do bad
18 things. Most are coming here to seek a better
19 life. I agree with that. And I think we
20 should make an effort to determine that and to
21 try to help them in every way that we can to
22 achieve a legal status.
23 But by perpetuating this myth that
24 when you come here illegally it's okay, come
25 here but you're going to have to take the
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1 lowest-paid wages, you're going to not be able
2 to get health benefits, you're going to not be
3 able to go to the courts, you're in a constant
4 state of movement, you can't get a mortgage
5 because you couldn't qualify with a background
6 check, you can't do anything that everybody
7 else who has legal status can do, we're
8 perpetuating a myth.
9 We're also creating a group of
10 people, as I said before, who will be and can
11 be exploited by a group of unscrupulous
12 employers who want them permanently to be in
13 an underpaid underclass. That is not my idea
14 of the American dream. And that shouldn't be
15 perpetuated in this country.
16 We should seek to help anyone who
17 wants to come here legally to obtain a legal
18 status. I have no problem with that. It's
19 this somehow idealizing that I hear from the
20 other side about this group of people who have
21 come here and somehow they're going to elevate
22 themselves up. It's not going to happen,
23 because the law is going to stop them.
24 They're going to run into that wall. They are
25 illegal. And when that's discovered, they
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1 have a problem.
2 So let's address the problem.
3 Identify. This bill should be passed. It's a
4 step to identify. This bill will bring them
5 in. This bill gives them the right to make
6 the applications. This bill gives them the
7 right to go through a process. But if you
8 don't bring them in, you're perpetually
9 keeping them under the thumb of people who
10 would exploit them for their own bad ends.
11 And that's not a good thing.
12 So let's deal with their illegal
13 status first. Let's make them legal. Let's
14 help people who want to become American
15 citizens and achieve the American dream get
16 their wish. Let's do it legally. Everybody's
17 welcome to our shores through the front door,
18 not the back door.
19 ACTING PRESIDENT LITTLE: Thank
20 you, Senator Marcellino.
21 Senator Parker.
22 SENATOR PARKER: Yes, Madam
23 President, on the bill.
24 ACTING PRESIDENT LITTLE: On the
25 bill.
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1 SENATOR PARKER: I rise again to
2 address a couple of things that I think we
3 really don't understand here, because I'm
4 hearing a lot of inaccuracies.
5 And first, let me apologize to
6 Senator Padavan if I have in any way
7 disparaged your name or your reputation to
8 make people think that you are anti-immigrant.
9 If my comments have offended you, I do
10 apologize.
11 However, if I see bills that come
12 up that the New York Immigration Coalition,
13 that groups like the Community Action Project
14 in my district and other immigration
15 organizations are coming up and they're
16 saying, time after time, that this bill by
17 Senator Padavan, this bill by Senator Padavan,
18 this bill by Senator Padavan, this bill by
19 Senator Padavan are problematic to their
20 constituents, and to my constituents, I have
21 to call them as I see them.
22 So I apologize if you are offended.
23 There's a couple of things that
24 have been going on, and one of which is that
25 people have been throwing around this 600,000
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1 number of people that the DMV has found. And
2 people are saying that these 600,000 people
3 all have illegal numbers and are somehow
4 cheating the system. That is absolutely
5 wrong, untrue, and incorrect.
6 The reality is you have to
7 understand the history. And the history of
8 this problem is that up until a few months
9 ago, people in the State of New York -- the
10 State of New York did not require people to
11 have a Social Security number or tax ID number
12 in order to have a driver's license.
13 A few months ago, arbitrarily, the
14 Commissioner of the Department of
15 Transportation started to require this. They
16 sent out letters and they identified in their
17 database a large number of people who were
18 either missing Social Security or tax ID
19 numbers, or there was some incongruence in
20 terms of those numbers sometimes being held by
21 several people.
22 Yeah, there's fraud in it. But you
23 show me one system, not just in this state or
24 this country, but show me one system that
25 doesn't have some level of fraud. And I think
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1 we should deal with the fraud and we should
2 root that out. But if we're going to start
3 dealing with fraud, let's talk about the
4 Empire Zone program. Let's begin, let's begin
5 with large numbers of --
6 SENATOR PADAVAN: Will he yield.
7 ACTING PRESIDENT LITTLE: Thank
8 you.
9 Senator Padavan requests that you
10 yield.
11 SENATOR PARKER: I will not yield
12 now. I'll finish my statement, and I'll be
13 happy to yield to the Senator after I'm done
14 with my comments.
15 SENATOR PADAVAN: I'll wait.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 SENATOR PARKER: So you have, you
19 know, fraud in almost any program. And if
20 we're going to start looking at fraud, let's
21 look at fraud that in fact costs the taxpayers
22 of the State of New York literally hundreds of
23 millions of dollars every year, if we're going
24 to start talking about fraud.
25 The reality is people now need
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1 driver's licenses to conduct work, to get to
2 work. And I was glad to hear from Senator
3 Morahan about his upbringing. And I'm not
4 sure how old Senator Morahan is, or how old
5 his parents are, but the world has changed
6 significantly in terms of what people need in
7 terms of cars. You know?
8 And again, without me trying to
9 just speculate a time frame, you know, the
10 amount of cars on the streets, the amount of
11 taxis on the streets, the amount of trucks on
12 the streets, the amount of the need for
13 transportation has increased substantially
14 over the last 50 or 60 years, let alone the
15 last hundred years. And so, you know, the
16 needs for immigrants to have driver's licenses
17 is really at a premium.
18 I think what we, you know, continue
19 to do -- because I've heard a couple of people
20 say this bill is an answer. I really am
21 serious about the fact that I think we need to
22 have more dialogue about what the solution is
23 on this bill, because certainly this bill does
24 not deal with security issues. This bill,
25 despite what everybody is saying, does not
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1 give people who are out of status, it does not
2 give out of status an opportunity to become in
3 status. It just simply doesn't do it.
4 First of all, the state is not in
5 charge of that. So how does the State
6 Legislature supersede the federal government
7 as it relates to immigration when that's a
8 federal issue? So we couldn't do it if we
9 wanted to do it. I wish we could. You know,
10 I wish we could do it; then maybe we could get
11 some conversation. But the reality is that
12 this bill does not help people who are out of
13 status.
14 And lastly, I would love to work
15 with some colleagues, I don't care on what
16 side of the aisle, on a bill that really puts
17 some significant funding into a treatment for
18 xenophobia. Because I really think that
19 there's an outbreak that's affecting the
20 Legislature in particular, and maybe some of
21 the people around the country. And so, you
22 know, I hope to do that.
23 And I will yield if Senator Padavan
24 has a question.
25 ACTING PRESIDENT LITTLE: Senator
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1 Padavan.
2 SENATOR PADAVAN: Senator Parker,
3 I just want to be sure I heard you correctly.
4 Did you indicate a moment ago that the
5 requirement of a Social Security number on
6 your application for a driver's license is not
7 as I've stated it to be?
8 What did you say? I'm not sure.
9 SENATOR PARKER: I did say that.
10 And let me explain, because that deserves some
11 explanation.
12 On the form they did ask for it.
13 So when we understand the idea of policy,
14 policy can be two things. In government,
15 policy can be what we actually write. The law
16 of the State of New York, regulations from an
17 agency is policy. But what an agency actually
18 does is also policy.
19 So, yes, it was on the books. It
20 was something that they asked for. But it was
21 not something that they ever enforced. Up
22 until about 18 months ago, the requirement for
23 a Social Security number or a tax ID number
24 was never enforced. And so, by policy, it
25 wasn't required.
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1 SENATOR PADAVAN: Well, Senator,
2 then let me share with you. You've seen, I'm
3 sure, the application for a driver's license.
4 And that section dealing with Social Security
5 number is very clear, along with all the other
6 basic requirements, including your sex,
7 height, eye color, and so on. This is an
8 official department document, by regulation,
9 authorized by law.
10 Now, whether or not in years back,
11 whatever the time may be, they didn't check
12 everybody as carefully as they're now doing or
13 attempting to do, does that make this
14 requirement any less lawful?
15 SENATOR PARKER: Yes.
16 SENATOR PADAVAN: In what way?
17 SENATOR PARKER: Because it
18 wasn't the policy. You weren't enforcing it.
19 For instance, you know, people in
20 New York City -- in your district, I'm sure,
21 as in my district -- people jaywalk all the
22 time. It is illegal? Yes, it's illegal. But
23 how many people are getting stopped for
24 jaywalking? Except on Queens Boulevard. But
25 other than that, where are people getting
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1 stopped for jaywalking in the City of
2 New York?
3 Policy is both what is written in
4 law, as I've indicated -- I'm not disagreeing
5 with that -- but policy also is what people
6 do. And all the time, in courts across the
7 country, policies that are written down are
8 overturned by what has been the practice and
9 then the real policy of our agencies and our
10 government.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Senator Padavan.
14 SENATOR PADAVAN: Then you've
15 answered my question. And I'll ask you, if
16 you have not -- but I believe you have -- it
17 is regulation established by law, meaning that
18 the State Department of Motor Vehicles not
19 only has the authority but the responsibility
20 to see that their applications are valid, that
21 they're not fraudulently applied for -- a
22 license, that is -- that someone hasn't lied
23 on this application.
24 You would agree with that?
25 SENATOR PARKER: Yes, absolutely.
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1 SENATOR PADAVAN: Thank you.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 Senator Serrano.
5 SENATOR SERRANO: Thank you,
6 Madam President. On the bill.
7 One thing that I'm very concerned
8 about that I keep hearing from the other side
9 is how immigration back at the turn of the
10 century was done in a way and that those
11 should follow it now.
12 But I think it should be pointed
13 out that immigration now is much stricter than
14 it was back then. It's far more difficult for
15 new immigrants to get the necessary
16 documentation that they need to come to this
17 country because of the quotas. And since
18 9/11, the federal government has used that as
19 a further excuse to curtail new immigration.
20 And I think it's wrong. I think it's very
21 dehumanizing.
22 And another thing that I find
23 equally distressing is that on the other side,
24 whenever the discussion of immigration comes
25 up, it is immediately linked with terrorism.
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1 This link between immigration and terrorism is
2 something that we really have to look at,
3 because we are failing to understand that the
4 vast majority of immigrants are here for a
5 better life for themselves and for their
6 families for generations to come. And some
7 are so desperate to be in this great nation
8 that they risk their lives every day coming
9 here.
10 Now, the last time I checked,
11 Timothy McVeigh was an American and was not an
12 illegal immigrant, yet he committed one of the
13 most horrific crimes on American soil. So if
14 we want to talk about terrorism, let's talk
15 about terrorism. Let's talk about curtailing
16 the activities of those here and abroad who
17 want to hurt American citizens. But let's
18 stop linking the immigrants to terrorism.
19 ACTING PRESIDENT LITTLE: Senator
20 Padavan.
21 SENATOR PADAVAN: Will you yield
22 for a question, Senator.
23 ACTING PRESIDENT LITTLE: Senator
24 Serrano, do you yield?
25 SENATOR SERRANO: Yes.
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1 ACTING PRESIDENT LITTLE: Thank
2 you. Senator Serrano yields.
3 SENATOR PADAVAN: Yesterday we
4 passed a bill in this house dealing with
5 immigrants who were being abused, enslaved,
6 turned into prostitutes, into bondage. Did
7 you vote for that bill?
8 SENATOR SERRANO: I did, yes.
9 SENATOR PADAVAN: Yes, you did,
10 because everybody voted for it. It passed
11 unanimously.
12 SENATOR SERRANO: Yes.
13 SENATOR PADAVAN: Now, who do you
14 think is perpetrating those crimes? The
15 illegal immigrants. And who are they hurting?
16 Immigrants.
17 So we talk about these issues of
18 fraud, matters of this sort, we're not only
19 talking about people who are not in that
20 category, the victims are immigrants.
21 Last year we passed a bill dealing
22 with individuals who hold themselves out to be
23 what are called notarios, charging $20,000,
24 $30,000 for a green card. Which passed, I
25 believe, unanimously. Who were the victims?
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1 They were immigrants. Who were the
2 perpetrators? Immigrants.
3 So the point of the matter is when
4 we deal with these issues, we're talking about
5 our society in general, not just those
6 individuals who came to this country
7 illegally. In the City of New York,
8 invariably, the people who are victims of
9 crime are people who are foreign-born. And we
10 have to protect them as we protect everyone
11 else. Would you agree?
12 SENATOR SERRANO: Yes, Senator.
13 SENATOR PADAVAN: Thank you.
14 SENATOR SERRANO: If I may, Madam
15 President, to continue on the bill.
16 ACTING PRESIDENT LITTLE: Thank
17 you. On the bill.
18 SENATOR SERRANO: I think,
19 Senator Padavan, you've brought up a very good
20 issue, although I don't think it's entirely
21 germane to my point.
22 My point being that since 9/11,
23 every discussion about immigration has been
24 linked to terrorism. And I think that that is
25 extremely unfair, and I think it's wrong. The
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1 bottom line is that the reason why this nation
2 is so great is because of immigrants, because
3 of the immigrants who have come here to build
4 a better today and a better tomorrow.
5 And when we continually send the
6 wrong message to new immigrants, we are
7 betraying the founding principles of this
8 nation.
9 Thank you, Madam President.
10 ACTING PRESIDENT LITTLE: Thank
11 you, Senator.
12 Senator LaValle.
13 SENATOR LaVALLE: Thank you,
14 Madam President. I'd like to speak on the
15 bill. But before I do, I'd like to ask the
16 sponsor one question.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 Does the sponsor yield?
20 SENATOR PADAVAN: Yes.
21 SENATOR LaVALLE: Senator, before
22 I make my remarks, I just want to make
23 absolutely sure that I understand what the
24 issue is here, because we've gone kind of far
25 afield.
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1 The federal government has passed
2 an act that requires the states within a
3 three-year period of time to pass state
4 legislation or else there are some
5 consequences for the citizens of our state.
6 Am I understanding this correctly?
7 SENATOR PADAVAN: That's correct.
8 SENATOR LaVALLE: Thank you very
9 much.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Senator LaValle, on the bill.
13 SENATOR LaVALLE: Madam
14 President, on the bill.
15 Just recently, and I think it --
16 the debate kind of echoes our Congressman, in
17 a discussion I had, who said that the
18 number-one issue that he was facing in town
19 meetings that he had was over immigration
20 policy.
21 And we're seeing that frustration.
22 And of course, as has been mentioned, the
23 president and Congress have to enact a policy
24 that has some fairness to it and also allows
25 for the economic viability to continue in this
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1 country. And the debate has mentioned this.
2 I wanted to rise because, as many
3 of the speakers, my grandparents came to this
4 country with, as all other immigrants, with
5 only those goods that they could carry with
6 them from Italy. And I can feel in this
7 debate the same kind of feelings that my
8 grandparents had whenever we talked about the
9 government. Whenever the government was
10 involved, they would get very nervous, very
11 circumspect.
12 And yet my grandmother worked in a
13 situation as a seamstress and I remember, as a
14 very young child, going to where my
15 grandmother worked and seeing literally rows
16 and rows and rows of sewing machines in a
17 situation where they were all jammed together.
18 No air-conditioning. I don't think -- I think
19 they had to ask permission to go to the
20 bathroom. And very little time to eat.
21 I saw -- my grandfather had a
22 poultry farm, and whenever the county agent
23 came, my grandfather was always nervous
24 because he came from Italy and spoke broken
25 English. But he wanted to make sure that all
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1 the laws were complied with, because he was
2 afraid that because he came from the other
3 side, even though he became a citizen, that
4 the government would point their finger at
5 him.
6 That was, as was pointed out, a
7 different period of time, because they came in
8 to this country through Ellis Island, as did
9 probably many of the people, many of us here
10 in this chamber, our families. Today is a
11 little different.
12 But you cannot turn your back on
13 what happened on 9/11. And so with this
14 legislation, we are part of the federalist
15 system, we are complying with what the federal
16 government has asked us to do.
17 And I looked through a form that
18 Senator Padavan had from the National
19 Conference of State Legislatures, and I don't
20 see on here much of an opportunity -- and we
21 can hold all of the hearings we want. The
22 federal government is asking us to do very
23 specific and precise things within a very
24 specific period of time, with sanctions if we
25 do not do that. So that's why I asked the
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1 sponsor for confirmation of that, that I was
2 reading that correctly.
3 And so we can, for different
4 reasons, find that immigration policy is tough
5 and that, yes, we have a lot of people working
6 in many, many different industries that are
7 doing jobs that United States citizens
8 seemingly don't want and what happens if they
9 have to return back to their countries.
10 So it is very complex. But that's
11 not the issue before us. The issue is to get
12 our state in compliance with federal law.
13 Thank you, Madam President.
14 ACTING PRESIDENT LITTLE: Thank
15 you, Senator LaValle.
16 Senator Sabini.
17 SENATOR SABINI: Thank you, Madam
18 President. On the bill.
19 ACTING PRESIDENT LITTLE: On the
20 bill.
21 SENATOR SABINI: Two things sort
22 of struck me during the debate here.
23 One is that there's a pretty broad
24 gap between what the DMV sought to do by
25 checking Social Security numbers and what the
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1 federal law seeks to do, which is to prove
2 legal status.
3 Now, the Social Security Act, which
4 was brought into our country under the
5 administration of Franklin Delano Roosevelt,
6 who served in this room, the Social Security
7 Act says that you can't use the Social
8 Security number you're given as an ID number,
9 nor can it be required of you to be your ID
10 number by anyone. By anyone. That's on your
11 original Social Security documents you got
12 when you first applied.
13 And that has been part of suits
14 across the country on this that make it a
15 taxpayer ID number, use some other form of
16 documentation. But what DMV did in running
17 these numbers has now been halted by a court.
18 Another thing that strikes me as a
19 little funny is that -- and I don't want to
20 tell people there's no Santa Claus or the
21 Easter Bunny, but we were voting on a budget
22 here on March 31st, and in that budget there
23 was a reduction in the budget line of DMV for
24 doing that. You all voted on that. You all
25 voted yes on that.
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1 That was as a result of very hard
2 work by Assemblyman Reuben Diaz, for telling
3 DMV if you're going to do something that we
4 all agree isn't supposed to be done, we're not
5 going to let -- we're going to smack your
6 budget for it a little bit.
7 So we've already voted that this
8 was a bad policy. A court's already ruled
9 it's a bad policy. And the Social Security --
10 the original Social Security Act says we don't
11 want a federal ID. Now, maybe we need one
12 now. But it shouldn't be your Social Security
13 number. And there are moves to have one now.
14 Smart ID, Smart Card, I've heard all these
15 different terms. And that may be what comes
16 down the pike.
17 But what we're dealing with today I
18 don't think is workable for the people that we
19 have now in our state performing jobs that
20 keep our economy going.
21 And I don't cast any aspersions on
22 anyone's motivation on this. I want a secure
23 country as well. I wish the federal
24 government wanted to secure our borders as
25 much as I do, because I agree that our borders
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1 aren't secure.
2 We wouldn't be allowed admission to
3 the United Nations today, under the United
4 Nations rules on admissions, because we don't
5 have secure borders. That's a number-one rule
6 for admission to the U.N., to have safe and
7 secure and definable borders. We don't. I
8 admit that. But that's the federal
9 government's fault.
10 What this bill deals with is not
11 our borders, and in some ways it doesn't even
12 deal with our security. It deals with our
13 citizenship and our populace -- not just legal
14 citizens, but people living in our state right
15 now and whether or not they can continue to
16 pursue their livelihoods.
17 So maybe not for some of the
18 reasons others have talked about, but I think
19 we've already made our position clear on this
20 by voting for the budget and reducing the DMV
21 budget by an amount certain that covered the
22 amount that they used to do this action, which
23 has been halted by the court.
24 So I'm going to be voting in the
25 negative.
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1 ACTING PRESIDENT LITTLE: Thank
2 you.
3 Senator Schneiderman.
4 SENATOR SCHNEIDERMAN: Thank you,
5 Madam President -- oh, Senator Oppenheimer.
6 ACTING PRESIDENT LITTLE: Senator
7 Oppenheimer.
8 SENATOR OPPENHEIMER: Thank you.
9 Just briefly.
10 I'll be voting against this bill
11 for a very pragmatic reason. We had a meeting
12 in my village, in one of our churches, where
13 about 250 of our immigrants in our village
14 came, and they clearly were saying that they
15 will continue to go to their jobs. They all
16 have jobs, and they will not give up their
17 jobs and the income that comes from those jobs
18 even though they will be deprived, very
19 possibly, of their driver's license.
20 So I feel that my safety is
21 somewhat questioned when we have drivers
22 driving without licenses but feel that they
23 must continue their commitment to their jobs
24 and to the money which their jobs bring for
25 their families. So we will have a lot of
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1 drivers who will be driving without licenses,
2 and I think that is something that's very
3 fearful.
4 So I'll be voting no.
5 ACTING PRESIDENT LITTLE: Thank
6 you, Senator.
7 Senator Schneiderman.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Madam President.
10 I think that we're here -- this has
11 been a very interesting debate, and I would
12 urge my colleagues, even those who may be
13 getting a little impatient, that there are few
14 issues that we will be addressing that are
15 more pressing and that are more vital to the
16 future of our state than issues related to
17 immigration in the years ahead of us.
18 So we should get used to this, and
19 we should focus in on it, and we should get
20 the perspective that we need to deal with this
21 issue. Because we have never, in the great
22 City of New York, had more immigrants than we
23 have now. The city is doing well because of
24 them. Many of them are undocumented. But
25 we're going to have to deal with the reality
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1 here.
2 I think there are two fallacies
3 that we're confronting in this particular
4 debate. The first fallacy is that we need to
5 pass this bill now. We do not need to ever
6 pass this bill to comply with the federal act.
7 There are other options.
8 Second, we certainly don't need to
9 pass any bill now. We have some more time.
10 And as Senator Balboni observed, which may
11 have been the most prescient observation in
12 this entire debate, quote, We need to talk
13 more about this, close quote. And I realize a
14 lot of you can make jokes about Senator
15 Balboni's propensity to loquaciousness, but in
16 this case I think he's absolutely right. We
17 do not need to pass this bill ever. There are
18 other options. And we certainly don't need to
19 pass anything now.
20 Other states -- most of the
21 arguments that have been raised here related
22 to the uses of driver's licenses for purposes
23 other than operating a motor vehicle. That's
24 exactly what some other states are looking at,
25 systems for delinking the motor vehicle
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1 requirements in licenses from anything to do
2 with immigration status. We should be looking
3 at that.
4 We need to talk more about this
5 before we pass a bill that has negative
6 unintended consequences that quite honestly, I
7 think, really fly off the page. I think
8 Senator Diaz read from it, I read from it.
9 It's pretty obvious that there are going to be
10 some severe negative consequences from this
11 particular bill.
12 So fallacy one, we don't have to
13 pass this bill ever in its present form.
14 There are other options. And we certainly
15 don't need to pass it now. We should talk
16 more about this.
17 Fallacy two -- and this is the more
18 fundamental issue which I think we're going to
19 be grappling with in the years ahead -- not
20 all the people who are here without documents
21 are people who are, quote, up to no good. The
22 vast majority of the undocumented immigrants
23 who are working in this country and living in
24 this country are in fact people who are up to
25 a great deal of good. They're supporting
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1 their families, they've come here in many
2 cases because they are fleeing from severe
3 oppression or poverty in other places.
4 And I would urge that whatever
5 steps we take to get rid of the myth that
6 Senator Marcellino referred to, they are going
7 to continue to come, because there are places
8 in the world that are a lot worse than any
9 situation an immigrant will find here.
10 And most of these people are here
11 trying to do something better for themselves
12 and their families. And while most people
13 here's families came legally to this country,
14 there are members of this legislature I know
15 whose families came here unlawfully. I know
16 members of this legislature who themselves
17 came here without papers. And they are making
18 a contribution.
19 The laws change. And I
20 respectfully submit that whether we like it or
21 not, the laws at the federal level will change
22 to deal with the fact that we have tens of
23 millions of people here unlawfully and we're
24 not going to get rid of them through a system
25 of oppression and deportation.
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1 So, ladies and gentlemen, those two
2 fallacies I think compel us to vote against
3 this bill. Let's not conflate undocumented
4 immigrants with people up to no good. Let's
5 deal with the reality.
6 As Senator Parker pointed out,
7 there is law up in the ivory tower and there
8 is law on the ground. And there's no one
9 who's ever worked in law enforcement who will
10 not tell you that you make a judgment call
11 every day: I'm going to pull that car over
12 with a broken taillight, I'm going to let that
13 one go. These are judgment calls.
14 The law will change at the federal
15 level, and the law is changing on the ground
16 now because the law enforcement authorities
17 know they cannot enforce this broken system of
18 federal laws regarding the millions of people
19 who are living here, trying to support their
20 families, who the law makes the subjects of
21 the oppression that I think Senator Marcellino
22 rightly referred to.
23 But don't misunderstand this. This
24 bill, if we pass it, will not just have an
25 effect on people who are here without papers.
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1 Legal immigrants are terrified of going into
2 government offices now, because what if they
3 make a mistake, as happens often. Senator
4 Diaz spoke about people supporting their
5 families. You can't afford to be locked up
6 wrongfully for a few weeks and then get out:
7 Oh, we made a mistake.
8 We have immigrants who are afraid
9 to report things to the police, legal
10 immigrants, because they're concerned about
11 that kind of an inquiry, afraid to go to a
12 hospital when they are seeking medical care.
13 This is a crisis that will not be
14 dealt with by pretending that the law is the
15 law and it's going to be enforced. And I
16 think we should get on to the real debate that
17 Senator Parker encouraged us to.
18 But this bill we do not need to
19 pass now, we do not need to pass in its
20 current form. Let's talk about delinkage of
21 immigrant status and driver's licenses. Let's
22 keep the system of driver's licenses working
23 to keep us all safe on the roads and not drive
24 people away and create more hit-and-run
25 accidents where people have to run because
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1 they aren't allowed to get driver's licenses.
2 And let's take Senator Balboni's
3 words to heart. We need to talk more about
4 this. I assure you, we will be talking more
5 about this.
6 And, Senator Diaz, this is not an
7 exercise in futility, because often we see
8 bills that are one-house bills and because of
9 the debate that takes place, sometimes the
10 next year the bill's a little different and
11 sometimes the Assembly moves things in another
12 direction.
13 So I commend all my colleagues on
14 both sides of the aisle for this debate. I
15 encourage us to vote no, and let's get down to
16 the real work of coping with a great state
17 made greater by the presence of immigrants,
18 legal and illegal, who need the law to address
19 their real needs.
20 Thank you, Madam President.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 Is there any other Senator wishing
24 to be heard?
25 The debate is closed.
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1 The Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 180th day.
5 ACTING PRESIDENT LITTLE: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT LITTLE: Senator
9 Padavan, to explain his vote.
10 SENATOR PADAVAN: Very briefly,
11 Madam President.
12 I just wanted to take this moment
13 to respond to a couple of statements made by
14 Senator Schneiderman.
15 He said we don't have to ever pass
16 this kind of legislation, now or in the
17 future. I presume that's what he meant. I
18 would refer him to the Real ID Act of 2005
19 enacted by the Congress of the United States
20 and signed into law on May 11th this year. In
21 page after page, it states "a state shall," "a
22 state shall," "a state shall." And it lists
23 all the things that we are required to do.
24 It's not "may," it says "shall."
25 We will. So that statement that this is
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1 something we will not have to do ever is
2 totally false.
3 The second issue I would agree with
4 him on. The overwhelming majority of
5 immigrants in this country who live in my
6 district, and in yours, are here for good
7 purposes -- to raise a family, the American
8 dream, and everything that goes with it. But
9 as we learned, sadly, while there were
10 hundreds of immigrants in the World Trade
11 Center on that day, it only took a handful to
12 dispose of them. They were the victims. It
13 only takes a small number to cause great harm
14 and tragedy to a large population. And that's
15 what this is all about.
16 I vote aye.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 Senator Padavan will be recorded in
20 the affirmative.
21 Senator Diaz, to explain his vote.
22 SENATOR DIAZ: Thank you, Madam
23 President.
24 Just when all of you vote, those of
25 you that are going to vote in favor of this
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1 bill, when you vote in favor of this bill you
2 are voting not only to stop issuing driver's
3 licenses, you are voting to authorize the
4 Department of Transportation to report anybody
5 that doesn't have the right papers.
6 So today you're voting to authorize
7 or to make the Department of Transportation a
8 branch of the immigration department.
9 Tomorrow, which one will be next -- the
10 Department of Education? Department of
11 Health? Which department will be next?
12 Today this piece of legislation not
13 only stops issuing licenses, you're also
14 authorizing the Department of Transportation
15 to report people under suspicion. So I'm
16 telling you, be careful what you're doing.
17 This is the wrong way to do it. This is the
18 wrong message. And I'm voting no.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Senator Diaz will be recorded in
22 the negative.
23 Senator Schneiderman.
24 SENATOR SCHNEIDERMAN: Yes, Madam
25 President, just very briefly to explain my
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1 vote.
2 Just to set the record clear, and
3 I'm sure we will have many opportunities to
4 discuss these issues, I didn't say we don't
5 have to pass a bill to comply with the federal
6 law, I said we don't have to pass this precise
7 bill. Other states are looking at other
8 options.
9 And again, I think Senator
10 Balboni's words are right. We should take
11 more time to talk about this. We can do
12 better than this. We can come up with a
13 better proposal. I didn't mean, as Senator
14 Padavan suggests, we don't have to pass
15 something. But we don't have to pass this
16 specific bill, and we do have more time to
17 work on it.
18 I will be voting no.
19 Thank you, Madam President.
20 ACTING PRESIDENT LITTLE: Senator
21 Schneiderman will be recorded in the negative.
22 Senator Balboni, to explain his
23 vote.
24 SENATOR BALBONI: Madam
25 President, I would compliment the members of
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1 this chamber for taking on this issue. This
2 is an issue that many people are very
3 reluctant to discuss because it goes to the
4 very heart, as I said before, of the dynamic
5 tensions in our society.
6 And many of the things we talk
7 about here, perhaps people sit there and say,
8 Well, we don't have much of an impact.
9 Whether we talk about border security -- I
10 mean, what is the State of New York talking
11 about border security for? We're only a
12 state.
13 Well, ask any of the
14 representatives who border Canada and realize,
15 please, ladies and gentlemen, that probably
16 one of the greatest threats we have to our
17 security is the immigration policy not of this
18 state or this nation, but of Canada. It
19 allows someone to come in, anyone, and to have
20 a declaration of political asylum without
21 checking who they are. And now they are a
22 Canadian citizen, and as a Canadian citizen
23 they are allowed to come across our border at
24 any time.
25 This issue today is more about
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1 security and driver safety. Because when you
2 have a driver's license, statistics show you
3 are a better driver. And there is an eerie
4 correlation between unlicensed drivers and
5 fatalities.
6 It's also about information
7 security and all the things we've talked about
8 in terms of hijacking our personal
9 information. If you don't have a secure
10 driver's license system, you're much more
11 vulnerable as a society to someone coming in
12 and hacking your personal ID.
13 But today what we've done is
14 something that the other house isn't doing.
15 We're at least talking about this. And as
16 many questions as are present in this
17 particular debate, at least the debate is
18 occurring.
19 I don't like the way this system
20 was handled, this bill was handled at the
21 federal level. I've said that. And I think
22 it's going to lead to great consternation.
23 But as with all things we do in this
24 government, it is a balance. It is a balance
25 between the needs of the many -- and there are
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1 18 million people in this state that we should
2 be concerned about, 18 million. And I
3 understand and recognize that if this policy
4 were to be adopted today in this particular
5 form by this Department of Motor Vehicles,
6 then you would have had 300,000 people who
7 would then be put in jeopardy in terms of
8 staying in this country.
9 But, ladies and gentlemen, are we
10 going continue to walk past the cemetery? Are
11 we going to continue to ignore this issue and
12 sit back and say that as a free nation we'll
13 let anybody in, no matter what they are, and
14 not have them do the basic responsibility of
15 trying to become a citizen and enable them to
16 do? That the answer is no, we can't do that.
17 Madam President, I'm going to vote
18 for the bill, with the hope that we get this
19 right.
20 And I would also like to encourage
21 Senator Parker, I know you. You're sincere
22 about your efforts to try to make an impact in
23 the federal government. Let's do it. Let's
24 put a letter together, talk about border
25 security in this state as it affects this
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1 nation.
2 Thank you, Madam President.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Balboni will be recorded in
6 the affirmative.
7 Senator Hassell-Thompson, to
8 explain her vote.
9 SENATOR HASSELL-THOMPSON: Thank
10 you, Madam President. Just briefly.
11 In the 36th Senatorial District --
12 I heard one of my colleagues talk about the
13 fact that they have one of the most diverse
14 communities in this country, and I would say
15 to you that it must mirror mine very
16 distinctly, because there are over 96
17 different languages spoken every day,
18 particularly just in the Mount Vernon portion
19 of that district alone.
20 But in the Bronx, our district is
21 made up of people from Nigeria, from Ghana,
22 from every country island within the
23 Caribbean, some from the Mediterranean, and
24 certainly from South and Latin America.
25 My office is -- does not have
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1 jurisdictional responsibility for immigration,
2 and yet my staff spends almost a third of its
3 time working with people around issues of
4 immigration. And very few to none of them
5 would be those who are not interested in
6 becoming citizens in this country.
7 Many of them come to us because
8 they've been here and their papers have been
9 in for more than five years. Being processed
10 is a major, major issue. And it isn't because
11 they've done anything wrong or they've broken
12 the law or anything, it's just that we
13 continue to cut back in the federal
14 government, as well as in state government,
15 and we cut back in the places where it hurts
16 those that can afford it the least.
17 And so when we spend an inordinate
18 amount of time helping people to process
19 paper, and to have us sit here in the state
20 Senate and create further barriers to that, it
21 makes me very, very uncomfortable.
22 I, like Senator Balboni, sit on the
23 Veterans, Homeland Security and Military
24 Affairs Committee and have worked with him
25 very conscientiously for over a year on the
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1 Homeland Security Committee for the State
2 Senate. And both of us are very aware of some
3 of the dangers, certainly, that Senator
4 Padavan talks about.
5 But I don't want us to rush to
6 judgment. I don't want us to rush and do
7 something because we have to without giving
8 the right thought to the process. And
9 therefore I will vote no on this bill, but
10 also will volunteer to work with Senators
11 Balboni, Padavan and Parker to put together
12 language for a bill, as well as a letter to
13 our federal government asking them to move on
14 it in a better process.
15 And so for that reason, I will be
16 voting no at this time on this particular
17 bill.
18 Thank you, Madam President.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Senator Hassell-Thompson will be
22 recorded in the negative.
23 The Secretary will announce the
24 results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 1356 are
2 Senators Connor, Diaz, Dilan, Duane, Gonzalez,
3 Hassell-Thompson, L. Krueger, C. Kruger,
4 Montgomery, Oppenheimer, Parker, Paterson,
5 Sabini, Savino, Schneiderman, Serrano,
6 A. Smith, M. Smith and Stavisky.
7 Those Senators absent from voting:
8 Bonacic, Sampson and Volker.
9 Ayes, 38. Nays, 19.
10 ACTING PRESIDENT LITTLE: The
11 bill is passed.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1428, by Senator Wright, Senate Print 5532A,
15 an act to amend the Penal Law.
16 SENATOR LIZ KRUEGER:
17 Explanation.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 Senator Wright for an explanation,
21 please.
22 SENATOR WRIGHT: Thank you, Madam
23 President.
24 The bill amends the Penal Law in
25 relation to making persons 14 and 15 years of
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1 age criminally responsible for acts
2 constituting cemetery desecration in the first
3 degree.
4 ACTING PRESIDENT LITTLE: Thank
5 you.
6 Senator Krueger.
7 SENATOR LIZ KRUEGER: Will the
8 sponsor please yield for a question.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 Senator Wright, do you yield?
12 SENATOR WRIGHT: I will.
13 ACTING PRESIDENT LITTLE: Thank
14 you.
15 The Senator yields.
16 SENATOR LIZ KRUEGER: Thank you.
17 What is the penalty for cemetery
18 desecration in the first degree under criminal
19 law?
20 SENATOR WRIGHT: Currently it is
21 1 1/3 to 4 years.
22 SENATOR LIZ KRUEGER: Thank you,
23 Madam President. On the bill.
24 ACTING PRESIDENT LITTLE: Thank
25 you.
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1 Senator Krueger on the bill.
2 SENATOR LIZ KRUEGER: Thank you.
3 Without needing to explain why, of
4 course, I strongly disapprove of anyone
5 desecrating a cemetery, I do believe that
6 passing a law that could potentially mean 14-
7 and 15-year-olds who do wrong, no argument
8 there, go to jail under an E felony for up to
9 4 years is too extreme a penalty and too big a
10 leap to make in our criminal code.
11 So on the argument that we
12 shouldn't be sending 14- and 15-year-olds to
13 jail for up to 4 years -- even if there's no
14 question that there should be penalties for
15 desecrating cemeteries, and none of us would
16 ever imagine supporting such a horrendous act
17 by people of any age, but I do think that this
18 is going too far and cannot support E felonies
19 for 14- and 15-year-olds, with jail time.
20 Thank you, Madam President. I'll
21 be voting no and hope my colleagues will join
22 me.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 Is there any other Senator who
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1 wishes to speak on the bill?
2 The debate is closed.
3 The Secretary will ring the bell.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT LITTLE: Senator
12 Montgomery, to explain her vote.
13 SENATOR MONTGOMERY: Yes, thank
14 you, Madam President.
15 I am voting no on this legislation.
16 I just think that we could find other ways to
17 deal with teenagers who are 14 and 15 --
18 they're practically preteens, for goodness'
19 sake. They're youth. Yes, they do foolish
20 things. They may go into a cemetery and think
21 that they're having fun and topple over some
22 gravestones and whatever. But we should have
23 some restitution for them, rather than giving
24 them -- charging them with an E felony and
25 making them criminals, as if they were a
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1 threat to society.
2 So I'm voting no on this, and I
3 hope my colleagues will reject this idea that
4 we should make criminals out of 13 and 14 --
5 or 14- and 15-year-olds who find themselves in
6 a cemetery having fun.
7 Thank you. Bye-bye.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Montgomery will be recorded
11 in the negative.
12 The Secretary will announce the
13 results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1428 are
16 Senators Dilan, Duane, Hassell-Thompson,
17 L. Krueger, Montgomery, Oppenheimer, Paterson,
18 and A. Smith.
19 Those Senators absent from voting:
20 Bonacic, Maziarz, Sampson and Volker.
21 Ayes, 48. Nays, 8.
22 ACTING PRESIDENT LITTLE: The
23 bill is passed.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1602, by Senator Padavan, Senate Print 5620,
2 an act to amend the Real Property Tax Law.
3 ACTING PRESIDENT LITTLE: Senator
4 Krueger.
5 SENATOR LIZ KRUEGER: Could I ask
6 the sponsor a question while waiving
7 explanation?
8 ACTING PRESIDENT LITTLE: Yes.
9 Senator Padavan, do you yield for a
10 question?
11 SENATOR PADAVAN: You want an
12 explanation, or you want to ask me a question?
13 SENATOR LIZ KRUEGER: No, I was
14 going to ask you questions without the
15 explanation.
16 SENATOR PADAVAN: Okay, sure. Go
17 ahead.
18 ACTING PRESIDENT LITTLE: Okay,
19 the Senator yields.
20 SENATOR LIZ KRUEGER: Thank you,
21 Madam President.
22 This bill provides a tax reduction,
23 a property tax reduction for Class 2
24 properties under 10 units. And in the memo it
25 talks about having specific advantages for
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1 renters. But this is all Class 2, so this
2 would be coop, condo, and rental buildings?
3 SENATOR PADAVAN: Under Section
4 1805 of the Real Property Tax Law, Category 2,
5 that's all. The class of occupancy.
6 Residences under 10 units or less.
7 SENATOR LIZ KRUEGER: Thank you.
8 Madam President, on the bill.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 Senator Krueger, on the bill.
12 SENATOR LIZ KRUEGER: Thank you.
13 Well, the bill is a dilemma for me
14 because I recognize that it would be helpful
15 for some residences in New York City, some
16 owners of small buildings, some coop/condo
17 joint owners of small buildings. And I
18 recognize that the City of New York --
19 ACTING PRESIDENT LITTLE: Senator
20 DeFrancisco.
21 SENATOR DeFRANCISCO: I would
22 request, in view of the gentlemanly way that
23 Senator Padavan treated you, that you would
24 waive explanation.
25 (Laughter.)
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1 SENATOR LIZ KRUEGER: Madam
2 President, to continue, since I've been
3 labeled Senator No Fun, I'm afraid, Senator
4 DeFrancisco, I have to explain a little bit
5 about my position. But for the record, I did
6 skip the last bill -- the bill before that.
7 So the dilemma, without spending
8 too much time explaining, is that we have some
9 fundamental problems with the property tax
10 system in New York City. And I think that
11 perhaps the sponsor would agree with me that
12 there are serious inequities and imbalances in
13 our tax policies for Classes 1, 2, 3, and 4.
14 And in fact the record shows that
15 since 1981, when the State of New York
16 overrode a proposal by Governor Carey that
17 would have resolved many of the inequities in
18 the property tax system in New York City --
19 and in fact, it was the Senate that overrode
20 the Governor's veto of a bill and then chose
21 to not move forward with proposals that I
22 think would significantly help to deal with
23 equity in property taxes in New York City --
24 that we have been struggling in a piecemeal
25 way to try to deal with the problems of our
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1 tax policy.
2 So that we have inequities in our
3 assessments in the ways that we tax Class 1 to
4 3 family homes versus Class 2 units. Class 1
5 units, in fact, pay disproportionately less in
6 taxes than other property tax owners in
7 New York City.
8 My problem is I wish that we were
9 doing a full evaluation of the property tax
10 inequities in New York City and that we were
11 not potentially, through this Band-Aid
12 solution for one subuniverse of Class 2
13 properties with under 10 units -- rather than
14 doing a Band-Aid that may help them but may
15 increase inequity across the entire property
16 tax system in New York City, that we were not
17 either asking the City of New York to meet
18 their obligations to this Legislature to
19 propose alternatives for themselves or, as a
20 Legislature, deal with the bigger problems.
21 So I will support the bill, and I
22 appreciate Senator Padavan's desire to offer
23 some tax relief to a certain subuniverse of
24 property renters and owners in the City of
25 New York. I would argue that one more
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1 Band-Aid solution after over 20 years of not
2 dealing with the bigger problem will not
3 actually result in solving the problem for our
4 city of inequity in our property tax policies.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Thank
7 you, Senator.
8 Is there any other Senator wishing
9 to be heard?
10 The debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: In relation to
19 Calendar Number 1602: Ayes, 56. Nays, 0.
20 Those Senators absent from voting:
21 Senators Bonacic, Gonzalez, Sampson and
22 Volker.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 1615, by Senator Maltese, Senate Print 4737B,
3 an act to amend the Public Officers Law.
4 SENATOR MONTGOMERY: Explanation.
5 ACTING PRESIDENT LITTLE: Senator
6 Maltese, for an explanation.
7 SENATOR MALTESE: Madam
8 President, this bill would amend the Public
9 Officers Law to allow the hiring and continued
10 employment by municipalities of members of the
11 auto trades who reside in a New York county
12 that is contiguous with the employing
13 municipality.
14 The provisions allowing residence
15 in a contiguous county are modeled after the
16 existing provisions of the Public Officers Law
17 allowing members of a municipal sanitation
18 department to reside in a contiguous county.
19 The same standards should apply to the skilled
20 tradespersons employed in the auto trades who
21 also find the costs of housing in certain
22 other counties prohibitive and want the
23 opportunity to raise their children in a less
24 dense environment.
25 This bill would simply give members
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1 of the auto trades the same opportunity as
2 members of the sanitation department have
3 according to the Public Officers Law.
4 This bill would apply to New York
5 City automotive mechanics who are members of
6 Local 246. This concerns approximately 1,505
7 members and has been done at their request.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Montgomery.
11 SENATOR MONTGOMERY: Yes, thank
12 you, Madam President. I will just speak on
13 this bill.
14 This is one of several pieces of
15 legislation that we've debated this session,
16 and it continues to come up. Eventually there
17 will be no one who will be living in the city
18 and paying taxes as citizens of our city.
19 They will all be living in contiguous and
20 noncontiguous counties.
21 And certainly we need to have the
22 strength of people who work in the city also
23 living in the city. And I note that the
24 Senator's memo uses the excuse that, well,
25 they can't afford housing in the city. Well,
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1 I don't think the housing in the city is any
2 less affordable than housing in Westchester
3 County and the other contiguous counties. So
4 I don't buy that excuse.
5 And certainly this particular
6 category of civil service employees have no
7 excuse for not living in the city, except that
8 they choose to become suburbanites. Which is
9 fine. I have no problem with that, no
10 objections. But if they do, then they should
11 be prepared to work as suburbanites.
12 So -- and of course the members of
13 the Black, Puerto Rican, Hispanic and Asian
14 Caucus have voted against this, because we
15 view this as an impediment to being able to
16 employ people who live in the city. And we
17 would like to see, among other legislators who
18 also agree with this -- this is not just that
19 group, but other groups of legislators
20 agree -- that employees who are paid by the
21 city, municipal employees, uniformed employees
22 in particular, but others as well, should live
23 in the city.
24 So, Madam President, I vote no.
25 ACTING PRESIDENT LITTLE: Thank
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1 you.
2 Senator Savino.
3 SENATOR SAVINO: Thank you, Madam
4 President.
5 Again, I have to disagree with my
6 colleagues. And as I've said before, it
7 always pains me when I have to do that.
8 But just to be consistent, this is
9 a similar situation to the bill that we passed
10 two weeks ago for sanitation workers and again
11 last week with respect to the fire alarm
12 dispatchers. It's the same situation.
13 New York City employees are subject
14 to the residency requirement as a result of a
15 deal that was brokered in the 1970s to prevent
16 middle-class flight from the city at a time
17 when it was a serious problem. That is no
18 longer the case. The city -- many of the
19 neighborhoods that city employees live in and
20 work in, they can no longer afford to purchase
21 a home in. That is a reality. Every one of
22 us knows that.
23 So we're just beginning to extend
24 to city employees who have -- who have stayed
25 in the city over the years, and they've
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1 contributed to the city -- and remember, five
2 years ago or six years ago, I think it was six
3 years ago when the members of the Legislature
4 repealed the commuter tax for people who live
5 outside of New York City but work there, there
6 was only one group of people that were
7 exempted from that repeal. That was the City
8 of New York's employees. They are required to
9 3 percent out of their salary under Section
10 1127 of New York State's tax code. So there
11 is no loss of tax revenue when city employees
12 move outside the City of New York.
13 And finally, one thing that I may
14 not have mentioned when I spoke about this in
15 the past is that many city employees live in
16 rent-stabilized and rent-controlled
17 apartments, and they also live in public
18 housing. And since the City of New York has
19 not contributed or built affordable housing as
20 we lament, often, or low-income housing,
21 moving some of those people out of that stock
22 of housing would free it up for many of the
23 members of the working poor who are living in
24 substandard housing.
25 So again, I will ask my colleagues
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1 to take that into consideration and recognize
2 that New York City's employees have already,
3 already met the burden, and it's time to allow
4 them to move out of the city when they can --
5 and not everybody is going to go, but when
6 they can, so that they can have that little
7 patch of land that Senator Oppenheimer
8 referred to in the past where they can have a
9 garden and they can raise their children
10 outside of the city.
11 Thank you.
12 ACTING PRESIDENT LITTLE: Thank
13 you, Senator Savino.
14 Is there any other Senator wishing
15 to be heard?
16 The debate is closed.
17 The Secretary will ring the bell.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT LITTLE: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT LITTLE: Senator
25 Maltese, to explain his vote.
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1 SENATOR MALTESE: Madam
2 President, just a brief word.
3 I believe in this great country of
4 ours, in this great state of ours, in this
5 great city of ours a person should be able to
6 live where they want in order to carry out
7 their living. I do not view living in
8 New York City as a punishment, I regard it as
9 a pleasure and something that we do
10 voluntarily.
11 I vote aye.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 Senator Maltese recorded in the
15 affirmative.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1615 are
20 Senators Brown, Diaz, Dilan, Duane, Gonzalez,
21 Hassell-Thompson, L. Krueger, Montgomery,
22 Parker, Paterson, Serrano and A. Smith.
23 Those Senators absent from voting:
24 Bonacic, Sampson and Volker.
25 Ayes, 45. Nays, 12.
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1 ACTING PRESIDENT LITTLE: The
2 bill is passed.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1626, by Senator Spano, Senate Print 5655A, an
6 act to amend the Tax Law.
7 SENATOR SCHNEIDERMAN:
8 Explanation.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 Senator Spano, for an explanation.
12 SENATOR SPANO: Madam President,
13 the purpose of this bill is to direct a
14 portion of the video lottery terminal money
15 that is generated at Yonkers Raceway to be --
16 that's generated at the track to be given to
17 the educational system of Yonkers.
18 It would require an additional
19 4 percent of the marketing allowance of
20 Yonkers Raceway would be directed to the
21 Yonkers Board of Education. We expect that it
22 will generate somewhere in the area of some
23 close to $10 million annually to the city when
24 VLTs are fully implemented at the track.
25 ACTING PRESIDENT MEIER: Senator
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1 Stachowski.
2 SENATOR STACHOWSKI: Mr.
3 President, would the sponsor yield for a
4 question.
5 ACTING PRESIDENT MEIER: Senator
6 Spano, do you yield?
7 SENATOR SPANO: Yes.
8 ACTING PRESIDENT MEIER: The
9 sponsor yields.
10 SENATOR STACHOWSKI: I know that
11 we supported an amendment similar to this in
12 nature, so I'm prepared to vote for this. I
13 just had a question on it.
14 I know that Yonkers has very little
15 racing. I know they're still racing but they
16 have cut back on the number of days they're
17 racing. With VLTs finally coming in, are they
18 planning on increasing the number of days that
19 they're going to race?
20 SENATOR SPANO: The track is
21 shutting down for a short period of time in
22 order to go through rehabilitation to build
23 out for the VLTs. Once they are implemented,
24 we fully anticipate the track to expand their
25 racing days, because there will be a lot more
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1 competition, we'll have more horses.
2 And over the last several months
3 we've seen days and weeks where the track was
4 down as a result of not having enough horses
5 to race. We expect, once the VLTs are
6 implemented, we're going to see that
7 enthusiasm at Yonkers Raceway, and the result
8 will be additional racing days.
9 SENATOR STACHOWSKI: Thank you.
10 ACTING PRESIDENT MEIER: Senator
11 Sabini.
12 SENATOR SABINI: Thank you, Mr.
13 President. If the sponsor would yield.
14 ACTING PRESIDENT MEIER: Senator
15 Spano, do you yield?
16 SENATOR SPANO: Yes.
17 ACTING PRESIDENT MEIER: The
18 sponsor yields.
19 SENATOR SABINI: I was just
20 wondering if the sponsor could tell the body
21 why the bill is restricted to only one VLT
22 site in the state when we have one going into
23 Aqueduct and we have other VLT sites around
24 the state -- Saratoga Raceway, Buffalo, and a
25 few others coming online.
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1 SENATOR SPANO: We had a -- I had
2 a bill previously that would share money with
3 the host communities of any communities that
4 had a racetrack with VLTs within their
5 boundaries. It was clear that the Assembly
6 showed no interest at all in passing that
7 measure, although I think there was
8 overwhelming support here in this house for
9 it.
10 As a result, we said let's try to
11 narrow the bill a bit to help a city that has
12 some severe financial issues, with our
13 proximity to the City of New York, where we
14 are hurt as a result of the school aid
15 formula. We are hurt because we're a unique
16 city, being the only city to be under
17 federal-court-ordered integration. And the
18 final year of that funding for that
19 integration suit is up next year, and we fall
20 over the cliff by the amount of some
21 $40 million.
22 So I think it's important for us to
23 support the City of Yonkers in this measure,
24 and I think it would be overwhelmingly
25 successful and hope to expand that bill to
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1 other host communities across the state.
2 SENATOR SABINI: Mr. President,
3 on the bill.
4 ACTING PRESIDENT MEIER: Senator
5 Sabini, on the bill.
6 SENATOR SABINI: While the
7 sponsor knows that the Yonkers school system
8 is in trouble, I would submit that the
9 New York City school system has been
10 documented by several courts now as being a
11 system that's underfunded. And this would not
12 direct any revenue from that facility in
13 Aqueduct to the New York City school system.
14 I'm a little torn on this bill, but
15 I'm not sure that it's the best of public
16 policies with regard to Yonkers, not having
17 enough horses to run now. With the --
18 hopefully the passage of Senator Padavan's
19 bill, there will be enough horses around for
20 everyone, and they won't be other places,
21 they'll be at the racetrack where they belong.
22 I intend to vote no.
23 ACTING PRESIDENT MEIER: Any
24 other Senator wish to be heard on the bill?
25 Debate is closed, then.
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1 The Secretary will ring the bell.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect July 1, 2006.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MEIER: Senator
9 Klein, to explain his vote.
10 SENATOR KLEIN: Thank you, Mr.
11 President.
12 I rise in support of this
13 legislation, mainly because it's almost
14 identical to an amendment that I tried to pass
15 in March of this very year. I said at the
16 time that we should be using our VLT monies to
17 benefit our schoolchildren.
18 And schoolchildren, especially in
19 Yonkers, certainly need a quick infusion of
20 cash. There's presently a $46 million deficit
21 in the education system in the City of
22 Yonkers. And I think this is a wonderful
23 opportunity to not only get them the money
24 they need now to continue to educate our young
25 people, but at the same time it's also a
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1 wonderful opportunity, I think, to
2 rehabilitate and bring back Yonkers Raceway.
3 There was a time when Yonkers Raceway used to
4 have over 40,000, 45,000 people in an evening.
5 That's clearly not the case now.
6 But when I did introduce my
7 amendment back in March, I still believe today
8 it's still important not only to help Yonkers,
9 but all of the host tracks. Clearly, even if
10 you have a racetrack in Saratoga and you may
11 not need that quick infusion of cash or any
12 more cash for education, you still are
13 providing more police service, more sanitation
14 service. So I think it's very, very important
15 that we do have those additional monies for
16 the host racinos, so to speak.
17 So again, I commend Mr. Spano for
18 putting in this important legislation. I hope
19 it passes the Assembly as well, because I
20 think this is a wonderful opportunity to help
21 the schoolkids of Yonkers and also the
22 racetrack in Yonkers Raceway, which happens to
23 be in my district.
24 I vote yes on this legislation.
25 ACTING PRESIDENT MEIER: Senator
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1 Klein will be recorded in the affirmative.
2 The Secretary will announce the
3 results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1626 are
6 Senators Breslin, Duane, L. Krueger, Padavan,
7 Parker, Sabini, Savino, Schneiderman, Serrano,
8 A. Smith and Stavisky.
9 Those Senators absent from voting:
10 Bonacic, Sampson and Volker.
11 Ayes, 46. Nays, 11.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1627, by Senator Little, Senate Print 5664, an
16 act to amend Chapter 444 of the Laws of 1997.
17 SENATOR LIZ KRUEGER:
18 Explanation.
19 ACTING PRESIDENT MEIER: Senator
20 Little, Senator Liz Krueger has requested an
21 explanation.
22 SENATOR LITTLE: Thank you, Mr.
23 President.
24 This bill extends provisions of law
25 relating to IDAs, industrial development
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1 authorities, until July 1, 2008. It is a
2 straight three-year extender.
3 The industrial development
4 agencies' authority to finance not-for-profit
5 projects will sunset unless they are extended
6 by this Legislature. Authority to finance
7 not-for-profit civic-facilities projects was
8 first given to IDAs in 1987. Subsequently the
9 law was extended in 1993, 1997, 1999, 2002.
10 This bill proposes to extend the bill this
11 year until July 1st of 2008.
12 ACTING PRESIDENT MEIER: Senator
13 Krueger.
14 SENATOR LIZ KRUEGER: Thank you,
15 Mr. President. On the bill.
16 ACTING PRESIDENT MEIER: Senator
17 Krueger, on the bill.
18 SENATOR LIZ KRUEGER: Thank you.
19 Well, there's been a lot of
20 proposals floating around around IDAs, and I
21 have to say it's very disappointing that we
22 have a proposal to have a straight extender
23 for three years when I think most of us in
24 this house know that there are serious
25 problems with the way the IDA system is run in
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1 this state.
2 There have been any number of
3 newspaper exposes about out-and-out scandals
4 or serious questions of conflicts of interest
5 with IDAs around the state. There have
6 reports done by the State Comptroller's office
7 around problems with the IDAs.
8 Some of us were hoping we would
9 negotiate reforms for IDAs this year. We
10 haven't. Then we thought perhaps we'd have a
11 short-term extender, giving both houses more
12 opportunity to make the needed changes and to
13 come to an agreement. But I have to say I
14 don't think anyone thought doing a straight
15 extender for another 36 months was in the best
16 interests of the state.
17 So for the record, despite the fact
18 that I think clearly that is what this house
19 will pass today, we should not be doing a
20 straight extender of IDAs. We have a lot of
21 cleaning up to do. And while we do a straight
22 extender, we have more problems erupting
23 around the state from allowing these public
24 authorities, with the most minimal oversight
25 by the Legislature or by any state agency,
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1 continue to be allowed to give tax exemptions,
2 PILOTs, compete with each other for businesses
3 from one county to another, overlap various
4 tax exemptions and credits with Empire Zones
5 and brownfields and anything else imaginable,
6 so that certain businesses appear to avoid
7 paying any taxes to the State of New York and
8 get to ride roughshod over local interests and
9 local land-use policies.
10 Just to highlight from the Post
11 Standard, problems with consultant services in
12 the billing used in the Destiny USA project
13 and their role in relationship to several IDAs
14 in that area. Scandals from the New York
15 Times involving funding to campaign donors
16 through Nassau County and IDAs there.
17 Comptroller's Report on Industrial Development
18 Agencies Project Evaluation Criteria and
19 Monitoring Efforts, highlighting distinct
20 problems in both the decision-making process,
21 the steps to be followed, whether or not jobs
22 were created, project performance, the fact
23 that there were no penalties or sanctions when
24 businesses in agreements with IDAs failed to
25 meet their obligations, no standard policies
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1 or procedures for monitoring for projects, for
2 bringing the public in to review proposals by
3 the IDAs before decisions are made.
4 These are not new problems for any
5 of us. They have been fully documented.
6 There's probably not an IDA that hasn't had
7 some newspaper stories at the local level
8 questioning what was going on. I've got piles
9 of them here. And in respect to Senator
10 DeFrancisco, I won't read them all.
11 But the fact is that we know what
12 we should be doing rather than a three-year
13 extension for industrial development agencies.
14 Some of us aren't sure we think we should have
15 them at all. But if we are going to have
16 them, we need to ensure that we've got broader
17 oversight and coordination of their programs
18 and activities, that we've got ongoing
19 reporting of the impact on communities and
20 what is happening in relationship to the
21 changes made or the programs -- projects taken
22 on by IDAs. Basic standards that are mandated
23 for IDAs and their projects at the state
24 level. Actual reporting requirements that
25 measure, on an annual basis, how many jobs are
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1 created or retained in relationship to the
2 payments in lieu of taxes, tax credits or
3 exemptions at the county or local level.
4 Overlap between IDA deals and Empire Zone
5 deals and brownfield deals requiring
6 enforceable claw-back penalties. Having
7 public hearings in a timely manner prior to
8 decisions being made with no necessity for the
9 public to ask -- to have to file FOIA requests
10 to get the proposals, only to not even learn
11 of the information before the board members of
12 the IDA have voted. Requiring a standard of
13 transparency in how IDAs are run that we
14 haven't even started to explore. Establishing
15 meaningful penalties for IDAs that violate
16 state and local laws.
17 Again, the list is -- I could go on
18 for an extended period of time on exactly what
19 we ought to be doing. And yet with a
20 three-year extender I will hazard to guess
21 that this Legislature may choose to simply
22 ignore any of these problems or any of the
23 proposed fixes we could be making for another
24 36 months.
25 So I am very disappointed that in
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1 the last few days of session, rather than
2 taking on a very important change in the laws
3 that we all recognize we should be addressing,
4 we are proposing to punt the problem for
5 another 36 months.
6 And I hazard to guess that the next
7 time, if it does take another three years
8 before we revisit these issues, that the next
9 time we're asked to consider changes in IDA
10 law, the memos in my file of scandals and
11 problems and failures of IDAs around the state
12 will be a much thicker file, and we will have
13 only ourselves to blame for not addressing the
14 issue now as the bill is sunsetting.
15 I urge us to vote against this bill
16 and move forward with, if at minimum we can't
17 make the reforms we ought to in both houses, a
18 much shorter extension, perhaps six to eight
19 months rather than 36 months.
20 Thank you, Mr. President.
21 ACTING PRESIDENT MEIER: Senator
22 Little.
23 SENATOR LITTLE: Thank you, Mr.
24 President.
25 For the record, and in response to
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1 the previous speaker's comments, I would like
2 to say that this is one of three bills that I
3 have proposed on the IDAs. Our first bill was
4 a Senate bill that would make some changes to
5 the IDA laws and regulations and would also
6 extend this provision for the financing of
7 not-for-profits.
8 However, after several meetings
9 with my staff, the Senate staff, Assemblyman
10 Sweeney's staff from the Assembly, we came up
11 with another bill trying to incorporate some
12 ideas for reform that the Assembly has, some
13 ideas that the Senate had, and also to ensure
14 the organizations in need of IDA funding would
15 be able to get them.
16 We have been able to come to
17 absolutely no agreement on the bill. And up
18 until 10 o'clock last night, there were still
19 meetings trying to come to an agreed-upon bill
20 between the two houses. We were unable to do
21 that.
22 And in response to being unable to
23 do that, we propose a three-year extender.
24 And I would emphasize the need for a lengthy
25 period of an extension rather than a monthly
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1 extension or a six-to-nine-month extension,
2 because many projects are on the table or go
3 on the table, so therefore they would not be
4 able to rely upon the IDA funding that was
5 necessary for them.
6 Extending this is important to many
7 hospitals, to many developmental disability
8 projects, many of them nonprofit projects that
9 could be funded through IDA bonds by extending
10 this bill. And therefore, we propose this
11 extension.
12 And there is absolutely nothing
13 that prevents either body from continuing to
14 work on the reforms in the meantime.
15 Thank you.
16 ACTING PRESIDENT MEIER: Senator
17 Brown.
18 SENATOR BROWN: Thank you, Mr.
19 President.
20 I certainly understand what Senator
21 Little is saying with respect to experiencing
22 some difficulty in being able to work out some
23 kind of compromise on IDA legislation.
24 However, I too am disappointed that we are
25 simply extending the IDA law as opposed to
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1 reforming the IDA law.
2 I want to bring to everybody's
3 attention a situation in my own county, in
4 Erie County, where it has been all too common
5 for businesses to be pirated from one section
6 of the community to another section of the
7 community.
8 In Buffalo, where I live, recently
9 there was a court case involving a neighboring
10 municipality where one business was given
11 inducements, given benefits to move from the
12 city of Buffalo to a neighboring municipality.
13 And in that lawsuit, it was found that that
14 was done improperly. But what ended up
15 happening is that the company, the
16 corporation, the developer that actually built
17 out the facility that the new business went
18 into, they ended up having to pay a penalty
19 and having to pay taxes to the municipality
20 that really was responsible for pirating this
21 business from one municipality to the other
22 municipality. And it seems like there should
23 have been a penalty for the municipality.
24 So really the anti-piracy
25 provisions in this legislation should be
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1 strengthened, should be reformed. That's one
2 issue that we're not dealing with through this
3 extension. And that is one of the major
4 reasons why I will be voting no for this piece
5 of legislation.
6 ACTING PRESIDENT MEIER: Senator
7 Schneiderman.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Mr. President. Very briefly on the bill.
10 I strongly concur with the views
11 expressed by my colleagues earlier, Senator
12 Krueger and Senator Brown. We are voting to
13 extend a program that is so problematic and so
14 riddled with problems that it doesn't even
15 come up to the level of other programs in this
16 state that many of us find to be problematic
17 in and of themselves.
18 The Empire Zone program includes a
19 provision that makes compliance with
20 environmental, worker safety and other public
21 interest laws a condition for receiving and
22 maintaining certification. There's no similar
23 requirement for IDAs.
24 We have in New York State a serious
25 problem that we're going to be addressing one
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1 way or the other, and IDAs are emblematic of
2 the problem. The problem is this. Our tax
3 code -- and people on the other side of the
4 aisle love to complain about high taxes. We
5 have the worst of both worlds. We have high
6 marginal tax rates, but our tax code is so
7 riddled with loopholes, exceptions, tax
8 giveaways and expenditures that we actually
9 generate very little revenue for all these
10 high marginal rates.
11 We're approaching a situation where
12 we have two types of businesses in New York
13 State. If you are not on the public dole
14 through some IDA program, Empire Zone program
15 or specific loophole crafted for you by clever
16 lobbyists, you are in a business that's
17 subsidizing all those other businesses.
18 This is not a situation where you
19 can give tax breaks to half the businesses in
20 the state and pretend it doesn't affect the
21 other half of the businesses. So I also am
22 going to vote against this. I think it is
23 really an abrogation of our duty to give this
24 long of an extension for a program that costs
25 the taxpayers of this state hundreds of
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1 millions of dollars, if not billions of
2 dollars, without reforming it, without
3 ensuring simple things -- like businesses that
4 violate the law aren't receiving benefits.
5 That's not in the IDA law.
6 So what we've got here is a
7 situation where the refusal to agree, for
8 whatever reason, whatever motivation, has the
9 effect of providing some very, very
10 politically connected businesses with a
11 benefit that then results in them being
12 subsidized by all the other businesses,
13 particularly small businesses, in the state
14 that do not have those connections.
15 So I'll be voting no. And I know
16 we'll be dealing with this issue of tax
17 expenditures as we go forward. This is just
18 an unfortunate example of our inability to get
19 some very basic reforms done before the end of
20 this year's session.
21 Thank you, Mr. President.
22 ACTING PRESIDENT MEIER: Any
23 other Senator wish to be heard on the bill?
24 Debate is closed, then.
25 The Secretary will ring the bell.
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1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MEIER: Senator
8 Stachowski, to explain his vote.
9 SENATOR STACHOWSKI: Mr.
10 President, to explain my vote.
11 I'm reluctantly going to vote for
12 this measure, because I don't want to see
13 legitimate projects that are important to
14 not-for-profits -- i.e., hospitals and some
15 important groups in our areas that have IDAs
16 that maybe are building or planning to build
17 and not being able to do that project and hurt
18 the community that way.
19 However, I would hope that Senator
20 Little and the Assembly cochair of this area
21 would get back together and still do something
22 in the area of reform, because the
23 anti-pirating thing is a joke. I mean,
24 consistently one particular IDA in our area
25 goes to court -- not on every project; they
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1 could be there all the time if they had all
2 the insurance companies that they took out of
3 different communities and built tax-free
4 buildings in their community and moved out all
5 insurance companies up there. There's a lot
6 of vacant office space in Buffalo due to that,
7 but not everybody sues. Every time they do
8 sue, they win.
9 The trouble is when they win, the
10 fine is miniscule and the company is still in
11 the community that they went to. That happens
12 to Buffalo, it happens to the older suburbs.
13 And it's not what IDAs are supposed to do.
14 So the fact is I'm going to vote
15 for this measure, but I wish that they would
16 continue to work to try to get some of these
17 reform measures to do a little bit better
18 oversight and make IDAs do what they're
19 supposed to do, not move office buildings and
20 medical centers to IDA property at a tax-free
21 location.
22 I vote yes.
23 ACTING PRESIDENT MEIER: Senator
24 Stachowski will be recorded in the
25 affirmative.
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1 Senator DeFrancisco, to explain his
2 vote.
3 SENATOR DeFRANCISCO: Yes, I
4 agree with much of what Senator Stachowski and
5 Senator Krueger spoke about. The problem is
6 we've got to move this legislation to keep
7 projects going.
8 But it is very, very frustrating
9 when you see a project in my community that
10 has been talked about for four years, and
11 nothing happens. And now the county IDA is
12 literally considering expanding a project that
13 doesn't exist by taking 29 property owners'
14 property by eminent domain, and having a
15 meeting tomorrow night to discuss and to vote
16 upon a proposal by the developer which hasn't
17 been publicly disclosed despite prior
18 statements that they were going to disclose
19 it. When you've got 29 business owners,
20 active businesses paying taxes in the dark
21 about what's going to happen to their project.
22 Now, if we as a legislative body
23 did anything like that, I would suspect that
24 there would be a public outcry. But it's even
25 worse if it's an appointed group of people
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1 basically making these decisions behind closed
2 doors with no disclosure and a decision that
3 seems to me absolutely out of line in view of
4 the past history with this particular project
5 developer.
6 So, you know, three years is a long
7 time. And if I had my druthers, I would hope
8 that we'd make it a shorter period. But there
9 has to be some reforms of this process. It is
10 getting out of control. And I'm just speaking
11 from my perspective from my community.
12 Thank you.
13 ACTING PRESIDENT MEIER: Senator
14 DeFrancisco will be recorded in the
15 affirmative.
16 Senator Hassell-Thompson, to
17 explain her vote.
18 SENATOR HASSELL-THOMPSON: Thank
19 you, Mr. President.
20 When IDAs were created, JDAs and
21 all of the other authorities, municipalities
22 needed ways in which to do certain projects
23 that the constitution didn't allow them to do.
24 But what I think we've done is we've created a
25 shadow government. And I know that IDAs have
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1 done some good projects, there's no question
2 that they've done many good ones in my
3 district and in other districts around the
4 state.
5 But my concern comes when we
6 extend, without any language that calls for
7 reviews within that three-year period, that we
8 do an extension of this length. I am very
9 concerned that -- about the length of time,
10 which is why I'm voting no.
11 But my real concern is that we
12 continue to create authorities that later are
13 subject to their own authority. And so I have
14 real concerns about us extending something
15 that most of us are already very uncomfortable
16 with.
17 ACTING PRESIDENT MEIER: Senator
18 Hassell-Thompson will be recorded in the
19 negative.
20 Senator Brown, to explain his vote.
21 SENATOR BROWN: Thank you, Mr.
22 President, to explain my vote.
23 I initially was going to vote no on
24 this piece of legislation, but Senator
25 Stachowski makes a very persuasive point, the
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1 same point that Senator Little made. While I
2 am concerned that we are not performing the
3 necessary reforms to IDA legislation, there
4 are many projects in my community and across
5 the state that are going to require these
6 benefits. So for that reason, I will vote for
7 this piece of legislation.
8 However, I do think that we are
9 extending it for too long a period of time. I
10 think this is a process that is crying out for
11 reform. And I hope that we move to accomplish
12 that reform sooner rather than later.
13 I vote yes.
14 ACTING PRESIDENT MEIER: Senator
15 Brown will be recorded in the affirmative.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1627 are
20 Senators Connor, Diaz, Dilan, Duane,
21 Hassell-Thompson, L. Krueger, Maziarz,
22 Montgomery, Parker, Sabini, Savino,
23 Schneiderman, Serrano, A. Smith and Stavisky.
24 Absent from voting: Senator
25 Bonacic.
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1 Ayes, 44. Nays, 15.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 Senator Fuschillo, that completes
5 the controversial reading of the calendar.
6 SENATOR FUSCHILLO: Mr.
7 President, there will be a meeting of the
8 Rules Committee in the Majority Conference
9 Room at 4:20.
10 The Senate will stand at ease.
11 ACTING PRESIDENT MEIER: There
12 will be a meeting of the Rules Committee in
13 the Majority Conference Room at 4:20.
14 The Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 4:06 p.m.)
17 (Whereupon, the Senate reconvened
18 at 4:40 p.m.)
19 ACTING PRESIDENT MEIER: Senator
20 Fuschillo.
21 SENATOR FUSCHILLO: Mr.
22 President, please return to reports of
23 standing committees. I believe there's a
24 report of the Rules Committee at the desk.
25 ACTING PRESIDENT MEIER: Reports
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1 of standing committees.
2 The Secretary will read the report
3 of the Rules Committee.
4 THE SECRETARY: Senator Bruno,
5 from the Committee on Rules, reports the
6 following bills:
7 Senate Print 5819, by Senator
8 Flanagan, an act to amend the Election Law;
9 5820, by Senator Flanagan, an act
10 to amend the Election Law;
11 5822, by Senator Flanagan, an act
12 to amend the Election Law;
13 1405, by Senator Seward, an act to
14 amend the Insurance Law;
15 1473, by Senator LaValle, an act
16 authorizing the Town of East Hampton;
17 1870A, by Senator Maltese, an act
18 to amend the Civil Rights Law;
19 1894A, by Senator Robach, an act to
20 amend the State Finance Law;
21 1925A, by Senator Balboni, an act
22 to amend the Insurance Law;
23 1939, by Senator Golden, an act to
24 amend the Tax Law;
25 2206, by Senator Padavan, an act to
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1 amend the Penal Law and others;
2 2516A, by Senator Maltese, an act
3 to amend the General Municipal Law;
4 2707C, by Senator Skelos, an act to
5 amend the Public Health Law;
6 2709, by Senator DeFrancisco, an
7 act to amend the Criminal Procedure Law;
8 2795B, by Senator Flanagan, an act
9 to amend the Correction Law;
10 3484, by Senator Padavan, an act to
11 amend the Administrative Code of the City of
12 New York;
13 3489A, by Senator Padavan, an act
14 to amend the Real Property Law;
15 4059, by Senator Libous, an act to
16 amend the Public Authorities Law;
17 4332A, by Senator LaValle, an act
18 in relation to granting;
19 4371A, by Senator Hannon, an act to
20 amend the Public Health Law and the Executive
21 Law;
22 4420, by Senator Wright, an act in
23 relation to providing;
24 4469A, by Senator Marcellino, an
25 act to amend the Environmental Conservation
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1 Law;
2 4585A, by Senator Leibell, an act
3 to amend the Public Service Law;
4 5086A, by Senator Hannon, an act to
5 amend the Public Health Law;
6 5238, by Senator Leibell, an act to
7 amend the Not-For-Profit Corporation Law;
8 5310, by Senator Spano, an act to
9 amend the Labor Law;
10 5646, by Senator Spano, an act to
11 amend the Vehicle and Traffic Law;
12 5718, by Senator Young, an act to
13 amend the Social Services Law;
14 5725, by Senator Young, an act to
15 amend Chapter 263 of the Laws of 1981;
16 5739, by the Senate Committee on
17 Rules, an act to amend the Insurance Law;
18 5752, by Senator Meier, an act to
19 amend the Highway Law;
20 5757, by Senator Golden, an act to
21 amend the Social Services Law;
22 5773, by Senator Spano, an act to
23 amend the Labor Law;
24 688A, by Senator Maziarz, an act to
25 amend the Administrative Procedure Act;
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1 785, by Senator Fuschillo, an act
2 to amend the Tax Law;
3 And Senate Print 1259A, by Senator
4 Sabini, an act to amend the Education Law.
5 All bills ordered direct to third
6 reading.
7 SENATOR FUSCHILLO: Move to
8 accept the report of the Rules Committee.
9 ACTING PRESIDENT MEIER: All
10 those in favor of accepting the report of the
11 Rules Committee signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT MEIER: Those
14 opposed, nay.
15 (No response.)
16 ACTING PRESIDENT MEIER: The
17 report of the Rules Committee is accepted.
18 Senator Fuschillo.
19 SENATOR FUSCHILLO: Mr.
20 President, may we please have the reading of
21 the noncontroversial Supplemental Calendar
22 59A.
23 ACTING PRESIDENT MEIER:
24 Senator, we have one substitution at the desk.
25 Could we take care of that first.
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1 SENATOR FUSCHILLO: Please take
2 it up.
3 ACTING PRESIDENT MEIER: The
4 Secretary will read the substitution.
5 THE SECRETARY: Senator Bruno
6 moves to discharge, from the Committee on
7 Rules, Assembly Bill Number 8818 and
8 substitute it for the identical Senate Bill
9 Number 5739, Third Reading Calendar 1664.
10 ACTING PRESIDENT MEIER:
11 Substitution ordered.
12 The Secretary will now conduct the
13 noncontroversial reading of the supplemental
14 calendar.
15 THE SECRETARY: Calendar Number
16 1636, by Senator Flanagan, Senate Print 5819,
17 an act to amend the Election Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect January 1, 2006.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MEIER: Senator
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1 Dilan, to explain his vote.
2 SENATOR DILAN: I just rise to
3 explain my vote on this issue.
4 I just want to say that for the
5 past six months we've been working in the
6 conference committee on these bills. I think
7 we've made good progress. I think the bill
8 that's before us at this time is a good bill.
9 I ask my colleagues to support the bill.
10 I want to thank all those
11 individuals in the conference committee who
12 worked so hard to get to this point, and I
13 especially want to thank Senator Flanagan.
14 Thank you.
15 ACTING PRESIDENT MEIER: Senator
16 Dilan will be recorded in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1637, by Senator Flanagan, Senate Print 5820,
23 an act to amend the Election Law.
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, 60.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1638, by Senator Flanagan, Senate Print 5822,
11 an act to amend the Election Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 17. This
15 act shall take effect on the 15th of 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 1639, by Senator Seward, Senate Print 1405 --
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 1640, by Senator LaValle, Senate Print 1473,
5 an act authorizing the Town of East Hampton.
6 ACTING PRESIDENT MEIER: There is
7 a home-rule message at the desk.
8 Read the 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, 60.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1641, by Senator Maltese, Senate Print 1870A,
19 an act to amend the Civil Rights Law and
20 others.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 5. 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, 60.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1642, by Senator Robach, Senate Print 1894A,
8 an act to amend the State Finance Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 60th day.
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: In relation to
20 Calendar Number 1643, Senator Balboni moves to
21 discharge, from the Committee on Insurance,
22 Assembly Bill Number 4972A and substitute it
23 for the identical Senate Bill Number 1925A,
24 Third Reading Calendar 1643.
25 ACTING PRESIDENT MEIER:
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1 Substitution ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1643, by Member of the Assembly Sweeney,
5 Assembly Print Number 4972A, an act to amend
6 the Insurance Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 120th day.
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 1645, by Senator Padavan, Senate Print 2206,
19 an act to amend the Penal Law and others.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 10. This
23 act shall take effect on the first of
24 November.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 SENATOR LIZ KRUEGER: Please lay
4 it lay aside.
5 ACTING PRESIDENT MEIER: Withdraw
6 the roll call.
7 Lay the bill aside.
8 THE SECRETARY: Calendar Number
9 1646, by Senator Maltese, Senate Print 2516A,
10 an act to amend the General Municipal Law.
11 ACTING PRESIDENT MEIER: There is
12 a home-rule message at the desk.
13 Read the 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 1647, by Senator Skelos, Senate Print 2707C,
24 an act to amend the Public Health Law.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect July 1, 2008.
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 1648, by Senator DeFrancisco, Senate Print
12 2709, an act to amend the Criminal Procedure
13 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, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1649, by Senator Flanagan, Senate Print 2795B,
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1 an act to amend the Correction Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 3. 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, 60.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1650, by Senator Padavan, Senate Print 3484,
14 an act to amend the Administrative Code of the
15 City of New York.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 19. 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, 60.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1651, by Senator Padavan, Senate Print 3489A,
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 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 1652, by Senator Libous, Senate Print 4059, an
16 act to amend the Public Authorities 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, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1653, by Senator LaValle, Senate Print 4332A,
4 an act in relation to granting Susan A. Long.
5 ACTING PRESIDENT MEIER: There is
6 a home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 1655, Senator Wright moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 8545 and substitute it
20 for the identical Senate Bill Number 4420,
21 Third Reading Calendar 1655.
22 ACTING PRESIDENT MEIER:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1655, by Member of the Assembly Reilly,
2 Assembly Print Number 8545, an act in relation
3 to providing.
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 1656, by Senator Marcellino, Senate Print
16 4469A, an act to amend the Environmental
17 Conservation Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 10. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1657, Senator Leibell moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 2103B and substitute it
7 for the identical Senate Bill Number 4585A,
8 Third Reading Calendar 1657.
9 ACTING PRESIDENT MEIER:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1657, by Member of the Assembly Brodsky,
14 Assembly Print Number 2103B, an act to amend
15 the Public Service Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 120th 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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1 THE SECRETARY: In relation to
2 Calendar Number 1658, Senator Hannon moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 8698A and substitute it
5 for the identical Senate Bill Number 5086A,
6 Third Reading Calendar 1658.
7 ACTING PRESIDENT MEIER:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1658, by the Assembly Committee on Rules,
12 Assembly Print Number 8698A, an act to amend
13 the Public Health 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, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1659, by Senator Leibell, Senate Print 5238,
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1 an act to amend the Not-For-Profit Corporation
2 Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 18. This
6 act shall take effect on the 180th 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 1660, by Senator Spano, Senate Print 5310, an
15 act to amend the Labor Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 4. 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, 60.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1661, by Senator Spano, Senate Print --
3 SENATOR SCHNEIDERMAN: Lay it
4 aside.
5 ACTING PRESIDENT MEIER: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 1663, by Senator Young, Senate Print 5725, an
9 act to amend Chapter 263 of the Laws of 1981.
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, 60.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1665, by Senator Meier, Senate Print 5752, an
22 act to amend the Highway 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 1666, by Senator Golden, Senate Print 5757, an
10 act to amend the Social Services Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 7. This
14 act shall take effect December 31, 2005.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1667, by Senator Spano, Senate Print 5773, an
23 act to amend the Labor Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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1 THE SECRETARY: Section 4. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1668, by Senator Maziarz, Senate Print 688A,
11 an act to amend the State Administrative
12 Procedure Act.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of
17 November.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1669, by Senator Fuschillo, Senate Print 785,
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1 an act to amend the Tax 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, 60.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: In relation to
13 Calendar Number 1670, Senator Sabini moves to
14 discharge, from the Committee on Higher
15 Education, Assembly Bill Number 7150 and
16 substitute it for the identical Senate Bill
17 Number 1259A, Third Reading Calendar 1670.
18 ACTING PRESIDENT MEIER:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1670, by Member of the Assembly Espaillat,
23 Assembly Print Number 7150, an act to amend
24 the Education Law.
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.
11 SENATOR FUSCHILLO: Mr.
12 President, will you take up the reading of the
13 controversial calendar, starting with Calendar
14 Number 1639.
15 ACTING PRESIDENT MEIER: The
16 Secretary will conduct the controversial
17 reading of the calendar.
18 THE SECRETARY: Calendar Number
19 1639, by Senator Seward, Senate Print 1405, an
20 act to amend the Insurance Law.
21 SENATOR LIZ KRUEGER:
22 Explanation.
23 ACTING PRESIDENT MEIER: Senator
24 Seward, an explanation has been requested,
25 with regard to Calendar 1639, by Senator Liz
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1 Krueger.
2 SENATOR SEWARD: Certainly, Mr.
3 President.
4 This legislation is designed to
5 address the serious problem that we have in
6 the State of New York with over 3 million
7 New Yorkers not having health insurance. And
8 this legislation provides a multiple approach
9 in strategy to reduce the number of uninsured
10 that we have in this state and to help people
11 afford health insurance.
12 It provides so by using the private
13 market, tax advantages and state subsidy of
14 the commercial market to bring health
15 insurance within the means of every single
16 New Yorker. It's market-driven, giving
17 consumers real choices, another option, so
18 that we can reduce the number of uninsured.
19 ACTING PRESIDENT MEIER: Senator
20 Krueger.
21 SENATOR LIZ KRUEGER: Thank you,
22 Mr. President. If the sponsor would please
23 yield.
24 ACTING PRESIDENT MEIER: Senator
25 Seward, do you yield for a question?
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1 SENATOR SEWARD: Certainly, Mr.
2 President.
3 ACTING PRESIDENT MEIER: The
4 sponsor yields.
5 SENATOR LIZ KRUEGER: Thank you.
6 Since my understanding is the
7 "freedom policies" would be a new model for
8 insurance in New York State, what current
9 coverage now mandated by New York State law
10 might be excluded under this new policy?
11 SENATOR SEWARD: Well, Mr.
12 President, this legislation before us does not
13 in itself exclude any coverages.
14 However, those individuals who
15 choose the -- this option, the "freedom
16 policy" option, would have the flexibility to
17 buy any coverage with any of the existing
18 mandates -- and more, for that matter. It
19 gives the consumer the choice to buy the type
20 of coverage that makes sense for them and that
21 they can afford.
22 SENATOR LIZ KRUEGER: Mr.
23 President, if, through you, the sponsor will
24 continue to yield.
25 ACTING PRESIDENT MEIER: Senator
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1 Seward, do you continue to yield?
2 SENATOR SEWARD: Certainly.
3 SENATOR LIZ KRUEGER: By
4 "consumer" in your previous answer did you
5 mean the recipient of the health insurance
6 policy or the employer? Who chooses?
7 SENATOR SEWARD: Well, Mr.
8 President, it would depend on who was actually
9 making the purchase of the health insurance.
10 The -- most of our health insurance is
11 employment-based. So under this option, it
12 would provide the flexibility for employers
13 and their employees to sit down with their
14 health plan and design a health insurance plan
15 that both the employer and the employee can
16 afford and meets the needs of the employees
17 and their families.
18 This does not take anything away
19 from existing health insurance policies.
20 People could -- people and businesses could
21 still choose to remain right where they are.
22 However, this provides an additional option.
23 And frankly, Mr. President, this is
24 aimed directly at those 3 million New Yorkers
25 who currently do not have any health
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1 insurance. So the idea -- and this has been
2 the experience in other states that have gone
3 down this road, is that it tends to draw more
4 people into the health insurance market.
5 Those individuals and businesses who are
6 currently not in the health insurance market,
7 it gets them in, and that's better for
8 everyone.
9 SENATOR LIZ KRUEGER: Mr.
10 President, if the sponsor would continue to
11 yield.
12 ACTING PRESIDENT MEIER: Senator
13 Seward, do you continue to yield?
14 SENATOR SEWARD: Certainly.
15 ACTING PRESIDENT MEIER: The
16 sponsor yields.
17 SENATOR LIZ KRUEGER: Thank you.
18 Your last answer implied that this
19 will be coverage for people not currently
20 insured. But does that mean if I already am
21 an employee of a company that provides me
22 health insurance that I get to stay with that
23 insurance? Or will my employer have the right
24 to drop whatever coverage they have for me and
25 go to this state-subsidized new "freedom
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1 plan"?
2 SENATOR SEWARD: Well, Mr.
3 President, the only state subsidy involved
4 here is for small businesses, 50 or fewer,
5 that under this legislation, as well as our
6 Senate tax cut plan that we had passed earlier
7 in this house, would receive a 50 percent tax
8 credit.
9 But to answer your question
10 directly, Mr. President, it offers
11 flexibility. And what I mean by that is that
12 employers and employees would have the option
13 to stay right where they are.
14 However, employers working with
15 their employees could decide to opt into the
16 so-called freedom policies, which involve the
17 health savings accounts which have become
18 available because of the federal Medicare bill
19 passed -- I believe it was in December 2003.
20 And these are high-deductible policies. And
21 under this legislation, we incorporate these
22 health savings accounts with what we call
23 freedom policies to provide flexibility. No
24 one is required to go that route, but that's
25 another option for them.
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1 SENATOR LIZ KRUEGER: Mr.
2 President, if the sponsor would continue to
3 yield.
4 ACTING PRESIDENT MEIER: Senator
5 Seward, do you yield?
6 SENATOR SEWARD: Certainly, Mr.
7 President.
8 ACTING PRESIDENT MEIER: The
9 sponsor yields.
10 SENATOR LIZ KRUEGER: Thank you.
11 Each of these answers triggers another
12 question that I want to ask.
13 What would be the savings for a
14 person who opts into a new freedom account as
15 opposed to the current insurance that they
16 have as an employee of a small business?
17 SENATOR SEWARD: Well, Mr.
18 President, a lot would depend on the various
19 treatment options that are purchased as part
20 of the policy. But we estimate that the
21 health savings accounts with the
22 high-deductible policies, coupled with these
23 freedom accounts, we estimate about a
24 40 percent savings when it comes to their
25 health insurance costs.
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1 SENATOR LIZ KRUEGER: Thank you.
2 Mr. President, if the sponsor would
3 continue to yield.
4 ACTING PRESIDENT MEIER: Senator
5 Seward, do you continue to yield?
6 SENATOR SEWARD: Certainly.
7 ACTING PRESIDENT MEIER: The
8 sponsor yields.
9 SENATOR LIZ KRUEGER: You mention
10 that these are low-cost, high-deductible.
11 What's the high deductible? What does that
12 mean in your plan?
13 SENATOR SEWARD: Well, Mr.
14 President, this is dictated by the federal
15 legislation. This -- our particular bill
16 before us does not get into that.
17 But for the purposes of
18 information, these health savings accounts are
19 required to be high-deductible policies. The
20 minimum is $1,000 for an individual, $2,000
21 for a family. And that actually, under the
22 federal legislation, goes as high as a $5,000
23 deductible.
24 And I might add that preventive
25 services are exempt from the deductible. And
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1 while these deductibles may seem very high,
2 this $1,000/$2,000 as a minimum, I would point
3 out that those that choose this option, if
4 they had that 40 percent savings when it comes
5 that their health insurance costs, then they
6 would have that pool of money -- the employer
7 and the employee, for that matter, would have
8 that pool of money to contribute to the health
9 savings account.
10 And those funds could be used to
11 take care of those expenses up to the
12 deductible level and also cover any expenses
13 that may not be covered under the particular
14 health insurance plan that they purchase.
15 SENATOR LIZ KRUEGER: Through
16 you, Mr. President, if the sponsor would
17 continue to yield.
18 ACTING PRESIDENT MEIER: Senator
19 Seward, do you continue to yield?
20 SENATOR SEWARD: Certainly.
21 ACTING PRESIDENT MEIER: The
22 sponsor yields.
23 SENATOR LIZ KRUEGER: So as I
24 understood it, it could be $1,000 or $2,000
25 deductible, or even higher. There are choices
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1 involved, including the freedom by the
2 insurers from having to cover certain benefits
3 that we mandate in other state insurance
4 plans.
5 So since I've been here in the
6 Legislature, we've required that health
7 insurance policies sold in New York State
8 cover mammograms, prescription contraceptives,
9 osteoporosis screening, cervical cancer
10 screening, prostate cancer, checkups and
11 immunizations for children. None of these
12 would be mandated under the freedom insurance
13 plans?
14 SENATOR SEWARD: Mr. President,
15 our legislation does not disrupt the mandates
16 that Senator Krueger mentions if people choose
17 to stay with those types of policies.
18 However, if they choose this option
19 that we're including in this legislation, then
20 they would have the flexibility, the
21 purchaser -- it's not the insurer making these
22 choices, it's the purchaser, the employer and
23 the employee -- then they would have the
24 flexibility to purchase and include in their
25 plan those treatments, many of which, very
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1 worthy ones that you've mentioned, Senator
2 Krueger, they would have that flexibility to
3 certainly include those that were important to
4 them.
5 SENATOR LIZ KRUEGER: Mr.
6 President, if the sponsor would yield for
7 another question.
8 ACTING PRESIDENT MEIER: Senator,
9 do you yield?
10 SENATOR SEWARD: Certainly.
11 ACTING PRESIDENT MEIER: The
12 sponsor yields.
13 SENATOR LIZ KRUEGER: Thank you.
14 What's the estimated cost to the
15 state of this program, and where would that
16 money come from?
17 SENATOR SEWARD: Well, Mr.
18 President, in terms of the health savings
19 accounts -- and that part of the program is no
20 cost to the state. I mean, that's the
21 contractual arrangement in terms of purchasing
22 health insurance in the private market.
23 The tax credit portion for small
24 employers, the 50 percent tax credit, is a
25 phase-in over 10 years. And that grows,
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1 according to the Department of Taxation and
2 Finance, in that tenth year out, to close to
3 $2 billion in terms of the tax credit. That
4 is the only so-called cost to the state.
5 But I would point out that we, as
6 part of our budget this year, have included in
7 our Health Care Reform Act, HCRA, a lot of
8 money is directed at this uninsured population
9 in terms of providing care in the pools that
10 go out to the hospitals that are caring for
11 this group that show up at the hospital.
12 So if we can use that money,
13 through this tax credit, to get more people to
14 purchase private health insurance, my gut
15 tells me that we will actually reduce those
16 costs on the other side. So I don't really
17 consider that tax credit as an expense to the
18 state. I think we're going to derive many
19 savings because more people will be in the
20 health insurance market.
21 SENATOR LIZ KRUEGER: Thank you,
22 Mr. President. On the bill.
23 I appreciate the sponsor's answers.
24 I could go on much longer, but I have reviewed
25 this legislation in the past, and we've even
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1 debated it here in the past, so I will spend
2 some time explaining why I think this is a
3 mistake.
4 For one, to I suppose jump to the
5 cost issue, the sponsor's statement that this
6 could cost up to $2 billion in tax credits to
7 the State of New York is a real cost. When we
8 don't collect taxes we otherwise would, it's
9 the same thing as spending the money.
10 So from my perspective on
11 economics, money we don't have in revenue for
12 expenditures and money we don't collect
13 through tax credits is the same, almost
14 $2 billion.
15 Second, there's many questions
16 raised about whether we would cover any new
17 additional people in health insurance under
18 this plan, as opposed to watch New Yorkers
19 currently under health insurance losing their
20 right to the health insurance they have
21 through their current employers and being
22 switched into these high-deductible, low-cost,
23 limited-benefit health plans.
24 And a great concern that I think
25 all of us should have is that in the absence
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1 of having mandated services under these
2 insurance plans, that the kinds of health care
3 benefits most of us expect would be covered by
4 health insurance -- certainly all of us in the
5 Legislature recognize we have with our health
6 insurance benefits as state employees -- would
7 disappear.
8 As I stated in one of my questions
9 to the sponsor, under this plan if an
10 insurance company -- and he said keeps -- he
11 said through choice, but it's not actually
12 consumer choice, it's the health insurance
13 company and the employer choice, not the
14 consumer of healthcare choice -- if they so
15 choose, that insurance won't cover women's
16 health. It won't cover men's health. It
17 might not cover child health. It might not
18 cover cancer treatments. It might not cover
19 almost anything we think of health insurance
20 supposedly being there for.
21 So the fact that we are proposing a
22 product without regulations on what kinds of
23 healthcare coverages have to be there I think
24 is a giant step in the wrong direction for the
25 State of New York, which has fought long and
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1 hard to ensure that in this state when we have
2 health insurance we actually mandate that
3 fundamental, basic healthcare is paid for
4 through that health insurance.
5 So we have a program that will cost
6 us up to $2 billion that may not lead to any
7 additional New Yorkers being covered by health
8 insurance, but we may replace and substitute
9 weaker health insurance packages for the
10 current packages currently provided by
11 employers.
12 And I suppose most -- not most
13 disturbing, but additionally disturbing to me
14 is that this is a program modeled on a
15 low-cost but high-deductible healthcare
16 insurance model. And there was a recent
17 report put out by the Commonwealth Fund, which
18 I think is considered by most both nonpartisan
19 and the premier health policy think tank in
20 the country, or one of them. And their
21 analysis of high-deductible, low-cost health
22 insurance plans from around the country, or
23 what they call HDHPs, shows that while it is
24 an effective marketing strategy by insurance
25 companies, that there are serious problems for
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1 the consumers.
2 Adults with a high deductible have
3 significantly greater difficulty accessing
4 care due to costs, compared to those with a
5 lower or no deductible -- again, the sponsor
6 talked about $1,000 or $2,000 deductibles.
7 Based on the Commonwealth study, 38 percent of
8 adults with deductibles of $1,000 or more
9 reported at least one of four cost-related
10 access problems: not filling prescriptions,
11 not getting needed specialist's care, skipping
12 recommended tests or follow-up, or having a
13 medical problem but not visiting a doctor or
14 clinic. By contrast, only 21 percent of
15 adults with no deductible report any of these
16 problems.
17 High-deductible plans are
18 particularly problematic for lower-income
19 Americans. A predicted 44 percent of people
20 with incomes below $35,000 and a deductible of
21 $500 or more -- and we're talking $1,000 or
22 $2,000 in this proposal -- experience
23 cost-related access problems.
24 People who are sick would have a
25 more difficult time obtaining needed care
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1 under a high-deductible, low-cost plan. Among
2 adults with a deductible of $500 who rate
3 their healthcare as fair or poor who have a
4 chronic condition or disability, a predicted
5 45 percent have cost-related access problems.
6 Medical bill problems are more
7 common among those with higher deductibles.
8 Medical bill problems and medical debt are
9 greater among low-income adults with higher
10 deductibles. And for insured adults who are
11 ill, having higher deductibles would mean they
12 would be likely to have more difficulties
13 paying their medical bills and accumulating
14 medical debt.
15 This isn't the direction New York
16 State should be going. I agree completely
17 with the sponsor we should be addressing the
18 problems of uninsured New Yorkers. We should
19 be coming up with models for health insurance
20 that expand the pool of people who are covered
21 at the lowest cost to the taxpayer, and with
22 an assurance that the health insurance they're
23 getting will in fact meet their needs when
24 they're sick.
25 Unfortunately, this package would
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1 not guarantee they actually get access to
2 healthcare, just a high-deductible package
3 called an insurance policy. It would cost the
4 State of New York $2 billion annually when
5 fully implemented, if I understood the
6 sponsor's answers correctly. There's no
7 documentation that new New Yorkers would be
8 covered by this health insurance. This isn't
9 the direction we should go.
10 On the other hand, I would argue
11 that the Senate Democrats and Senator Valesky
12 in his bill, 5544, actually proposes a plan
13 that would address some of the needs of
14 uninsured New Yorkers without costing an
15 enormous amount of money to the state, that
16 would provide insurance to people currently
17 employed and not insured, that we would
18 actually, through pooling, the buying power of
19 small businesses and their employees,
20 potentially decrease the cost of premiums for
21 health insurance for small businesses up to
22 40 percent.
23 There are directions we can go.
24 There are steps we should take to expand the
25 pool of employees in the State of New York who
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1 can be insured and to help decrease the costs
2 for small businesses. But to quote Citizen
3 Action, one of the opponents to the bill, "The
4 Freedom to Sell Really, Really, Really Bad
5 Health Insurance Policies" should be the name
6 of this freedom plan.
7 So I hope that Senator Seward might
8 consider going back to the drawing board,
9 continuing his desire to expand health
10 insurance in the State of New York for
11 uninsured people, but please don't go down
12 this road. The research done nationally on
13 states who have done this has shown us that
14 these are serious mistakes, that what this
15 type of model gets you is a race to the bottom
16 in terms of what health insurance means today
17 and actually covers for people.
18 So we could say we feed every
19 New Yorker by claiming, if we give every one
20 of them a slice of bread, everybody ate every
21 day, but we would know that wasn't really
22 addressing the food needs of New Yorkers. And
23 we can move forward with plans such as this
24 and pretend we're expanding the universe of
25 health insurance coverage. But it is a race
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1 to the bottom where our health insurance
2 coverage ultimately won't cover anything we
3 get sick for.
4 So I would urge my colleagues to
5 vote against this bill.
6 Thank you very much, Mr. President.
7 ACTING PRESIDENT MEIER: Any
8 other Senator wish to be heard on the bill?
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: Thank you,
11 Mr. President.
12 I appreciate what it is Senator
13 Seward is attempting with this bill, these
14 freedom policies. But I have some objections
15 which I'm going to mention in a moment.
16 But if the goal is to lower the
17 cost of health insurance for small businesses
18 and for their employees, I think there's
19 better ways to do that. And $2 billion is not
20 a small amount of money. But if it were to be
21 put into our program which we already have,
22 which is Family Health Plus, you could cover a
23 half a million low-wage employees for the same
24 amount of money, and the coverage would be
25 much better and at a lower cost than what's
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1 available now in the private health insurance
2 market.
3 What I'm talking about is my
4 concern, when I say the coverage is not ample,
5 this really would, you know, move backwards on
6 most of our consumer protection -- the
7 consumer protections that we have put in in
8 the last decade.
9 And what particularly concerns me
10 is certain women's health benefits that are
11 required now by law in our policies but would
12 not be required, and they are important --
13 timely mammograms, osteoporosis screening,
14 prescription contraception.
15 And it's not just women's health
16 benefits, it's men's health benefits too.
17 There's -- no screening for prostate cancer
18 would be allowed. As far as our movement to
19 try and have children get their checkups and
20 their immunizations in a timely manner, that
21 wouldn't be included. And we keep talking
22 about preventive medicine. Well, that would
23 be eliminated in this freedom policy.
24 So -- and there's ever so many
25 other things that are not covered. Hospice
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1 care isn't covered, home healthcare by
2 registered nurses, outpatient treatment for
3 mental health. I mean, it's too much to give
4 up when you think that we do have a policy out
5 there. The Family Health Plus could meet all
6 the requirements of lower cost for small
7 businesses and at the same time would permit
8 good coverage for workers and their families.
9 So I'm going to be voting no and
10 hoping that we can find another answer. I
11 understand what you're doing is laudable, but
12 I don't think this is the answer.
13 ACTING PRESIDENT MEIER: Any
14 other Senator wish to be heard on the bill?
15 Senator Schneiderman.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Mr. President. Briefly on the bill.
18 We spoke earlier at length on the
19 floor here today about immigration as an issue
20 that we're going to have to be dealing with
21 over the next few years. I would suggest that
22 the second issue we have to deal with is the
23 fact that the healthcare system in this
24 country, the system for insuring Americans, is
25 unravelling.
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1 And I would respectfully submit
2 that the bill before us right now is the wrong
3 approach to solving that problem. This is not
4 a market approach to dealing with healthcare,
5 the fact that we have an exploding pool of
6 uninsured in New York State. In fact, this is
7 a bill where we intervene in the market to
8 provide tax subsidies essentially to bribe
9 small businesses to cut health benefits.
10 This is proving tax subsidies for
11 the so-called freedom plans. The freedom
12 plans are free from requirements that they
13 provide healthcare services, that's what the
14 freedom is.
15 And my colleagues have spoken about
16 the struggle to pass health benefits for
17 women, to provide managed-care consumer
18 protections. Under this bill, a plan could
19 eliminate all of these requirements that have
20 been fought for, stop covering contraception,
21 stop covering checkups and immunizations for
22 children and, to add insult to injury, get a
23 tax state subsidy. So the taxpayers are
24 subsidizing plans to encourage small
25 businesses to provide inadequate healthcare,
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1 to provide less healthcare than many of those
2 businesses are providing now.
3 This is not the right approach. We
4 have got to do something about the crisis of
5 the uninsured. We're not going to do it by
6 cutting benefits.
7 I note that there is a campaign on
8 this year, as there has been last year, and
9 many are hopeful that we'll pass Timothy's Law
10 to provide parity on the treatment of mental
11 health problems. If we did that, this bill
12 would provide a loophole for that also.
13 I mean, this is something that
14 creates inadequate healthcare and requires a
15 tax subsidy. It is not a market-driven bill.
16 On the other hand, Senator
17 Valesky's bill, Senate 5544, is a completely
18 market-driven bill. It pools small businesses
19 to enable them to purchase health insurance at
20 a lower rate by pooling their market power.
21 That's the kind of market-driven approach.
22 Let's not pass a bill that
23 subsidizes businesses that cut benefits for
24 their workers. Let's move forward and expand
25 coverage. Let's pass Timothy's Law. You want
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1 to cut the expense of health insurance? Let's
2 move towards a simpler, more rational system,
3 as they have in every other industrial
4 democracy, and stop the insurance bureaucrats
5 from driving up the costs of healthcare.
6 I'm going to vote no, Mr.
7 President, and encourage everyone to vote no.
8 ACTING PRESIDENT MEIER: Any
9 other Senator wish to be heard on the bill?
10 Debate is closed, then.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 25. This
14 act shall take effect January 1, 2006.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MEIER: Senator
19 Seward, to explain his vote.
20 SENATOR SEWARD: Yes, thank you,
21 Mr. President, to explain my vote.
22 I certainly would have to say that
23 everyone deserves access to primary,
24 preventive and acute care, along with all of
25 the other medical technology and the new
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1 pharmaceuticals that goes along with all of
2 that, and especially the peace of mind that
3 they and their families are covered with their
4 health insurance.
5 But the question is, can they
6 afford it. And for far too many New Yorkers,
7 that answer is no.
8 And for those who would argue that
9 everything is fine, that we do not need change
10 in the state of New York, that the health
11 insurance policies that have been designed
12 through statute, in this house and the other,
13 the simple fact is that over half the
14 particularly small businesses of New York
15 cannot afford the health insurance policies
16 that have been designed by statute.
17 This legislation before us would
18 provide available and affordable health
19 insurance coverage for those 3 million
20 New Yorkers who currently have no coverage at
21 all. I think it's a worthy goal, this is a
22 blueprint to get us there, and I vote aye.
23 ACTING PRESIDENT MEIER: Senator
24 Seward will be recorded in the affirmative.
25 Senator Hassell-Thompson, to
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1 explain her vote.
2 SENATOR HASSELL-THOMPSON: Yes,
3 thank you. Thank you, Mr. President.
4 We've had a lot of discussion. And
5 the interesting thing is that many of our
6 small businesses have in fact come to us to
7 talk about the kinds of insurances that they
8 need to be able to have for their employees.
9 But when I look at this bill, while
10 it may purport to do that, the biggest concern
11 that I have is that while gutting the basic
12 protections of the Women's Health and Wellness
13 Law, this plan would also experience drastic
14 changes or cause drastic changes to maternity
15 services, pediatric oncology, and possibly
16 more.
17 Some of the examples of quick
18 concerns that I have is that this bill would
19 allow the HMOs to set their standards for
20 hospital discharges for new mothers and
21 babies. And while I know that many of you
22 know historically that women have gone to the
23 fields and had their babies and gone back to
24 the fields in the same afternoon, I certainly
25 don't encourage that kind of behavior for
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1 maternal care.
2 The freedom plan also -- this
3 legislation would also allow health plans to
4 limit or deny the coverage for
5 doctor-recommended well-child visits where
6 children receive their immunization and
7 practitioners track them for growth and
8 development. On and on.
9 But suffice it to say that this
10 would also allow HMOs to decide if they wish
11 to exclude coverage for infertility.
12 For many of these reasons, I will
13 be voting no, Mr. President, on this
14 particular bill. Thank you.
15 ACTING PRESIDENT MEIER: Senator
16 Hassell-Thompson will be recorded in the
17 negative.
18 The Secretary will announce the
19 results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 1639 are
22 Senators Brown, Connor, Diaz, Dilan, Duane,
23 Hassell-Thompson, L. Krueger, C. Kruger,
24 Montgomery, Morahan, Oppenheimer, Parker,
25 Paterson, Sabini, Sampson, Savino,
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1 Schneiderman, A. Smith, Stavisky. Also
2 recorded in the negative, Senators M. Smith
3 and Serrano.
4 Those Senators absent from voting
5 on Calendar Number 1639: Senators Bonacic and
6 Gonzalez.
7 Ayes, 37. Nays, 21.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 Senator Fuschillo.
11 SENATOR FUSCHILLO: Mr.
12 President, could we please return to the
13 noncontroversial reading of Supplemental
14 Calendar A.
15 Calendar Number 1664, Senate Print
16 Number 5739, from the Rules report was
17 inadvertently left off the active list. It
18 was reported from Rules. Please take it up.
19 ACTING PRESIDENT MEIER: Very
20 well. The Secretary will return to the
21 noncontroversial reading of the calendar and
22 will read Calendar 1664.
23 THE SECRETARY: Calendar Number
24 1664, substituted earlier today by the
25 Assembly Committee on Rules, Assembly Print
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1 Number 8818, an act to amend the Insurance
2 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 ACTING PRESIDENT MEIER: Senator
11 Breslin, to explain his vote.
12 SENATOR BRESLIN: Yes, Your
13 Honor. When I arrived in the Senate nine
14 years ago, I thought NYPIUA was the name of a
15 dog. But fortunately for all of us, it's not.
16 It's a safety net insurance association that
17 provides coverage to homes and businesses
18 throughout this state when, quite frankly,
19 there's not insurance available other places.
20 And it insures some 57,000 homes and
21 businesses -- 30,000 in New York City, some
22 14,000 in Long Island, and the remainder
23 basically in upstate cities, with some minor
24 farm areas.
25 And we, other than Alabama, are the
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1 only state that doesn't have this as a
2 permanent association. So those 57,000 homes
3 and businesses each year have to worry about
4 extending it. And we've in fact let it lapse
5 on a couple of occasions. The Assembly has
6 seen fit over the last 10 years to pass
7 legislation that has made it permanent. But
8 we don't.
9 And think of yourself as a
10 homeowner or a business owner, each year
11 wondering what the New York State Legislature
12 is going to do. If I'm in that precarious
13 situation of being subject to storms off the
14 coast of Long Island or be in cities and areas
15 that are dangerous and subject to vandalism or
16 fire, and each year wondering whether next
17 year will I have the appropriate insurance,
18 the appropriate insurance to keep my business
19 afloat or to have a home for my family.
20 I vote aye on this legislation
21 extending it a year, but I think we should
22 seriously consider finally making it permanent
23 and leaving Alabama alone.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MEIER: Senator
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1 Breslin will be recorded in the affirmative.
2 Senator LaValle, to explain his
3 vote.
4 SENATOR LaVALLE: Thank you, Mr.
5 President.
6 I rise to support this legislation,
7 reluctantly. And my remarks really would
8 parallel Senator Breslin's.
9 Orange homeowners, particularly on
10 Long Island, where we have a lot of homes
11 along the water, need permanency, need to know
12 that they have coverage. Last year the law
13 lapsed, actually, for a couple of months, and
14 both agents and homeowners were really in a
15 state of concern, nervousness. And that
16 shouldn't happen.
17 I just hope in the intervening year
18 that we heed the advice of the independent
19 agents who really would like to see this, you
20 know, extended for a longer period of time or
21 made permanent. I think that time has really
22 come. I don't believe we should be making
23 laws that -- where we're playing Russian
24 roulette with the homeowners of our state.
25 So I reluctantly cast my vote in
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1 the affirmative.
2 ACTING PRESIDENT MEIER: Senator
3 LaValle will be recorded in the affirmative.
4 The Secretary will announce the
5 results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 Senator Fuschillo.
10 SENATOR FUSCHILLO: Mr.
11 President, could we please return to the
12 reading of the controversial calendar,
13 starting with Calendar Number 1664 -- 1665 --
14 1645.
15 ACTING PRESIDENT MEIER: The
16 third time is the charm, Senator.
17 The Secretary will return to the
18 controversial reading of the calendar,
19 beginning with Calendar 1645.
20 THE SECRETARY: Calendar Number
21 1645, by Senator Padavan, Senate Print 2206,
22 an act to amend the Penal Law and others.
23 SENATOR MONTGOMERY: Explanation.
24 ACTING PRESIDENT MEIER: Senator
25 Padavan, an explanation has been requested of
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1 Calendar 1645.
2 SENATOR PADAVAN: Thank you, Mr.
3 President.
4 While auto crime in the state has
5 dramatically decreased over the past decade,
6 it's still a very serious issue.
7 We've done a bit of work in the
8 subject area -- lot of hearings, two reports,
9 one called "The Perfect Crime" and the other a
10 follow-up to that report. We had police
11 agencies, such as the NYPD, city of New York,
12 district attorneys, such as the DAs from
13 Queens and Brooklyn and others, come before us
14 with recommendations and problem areas that
15 they had identified in the course of their
16 dealing with this serious problem.
17 And it is a serious problem. It
18 affects all of us. It affects our insurance
19 rates. It's a vehicle by which organized
20 crime finances other activities as well as
21 makes money off this. It affects the quality
22 of life. It affects people's plans when they
23 go outside their house one day and their car
24 is not there. And it deals also with the
25 issue of stolen parts, which sometimes are not
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1 quite what they should be, ending up in
2 someone else's vehicle and providing an unsafe
3 environment.
4 Now, the primary problem that was
5 brought to our attention is addressed by this
6 bill. And I might say, parenthetically, the
7 problem we have has been addressed many years
8 ago in our neighboring states such as
9 New Jersey and Pennsylvania. And that deals
10 with the issue of reasonable presumptions.
11 First, the bill would create a
12 statutory knowledge presumption modeled on the
13 presumption for credit and debit cards
14 contained in the same section of the law.
15 It's highly unlikely that a person in the
16 possession of two stolen vehicles would not
17 know that they were stolen.
18 Second, the bill would create an
19 evidentiary presumption that a person who
20 takes, operates, rides or sits inside or
21 otherwise uses a motor vehicle possesses that
22 vehicle for the purposes of criminal
23 possession of stolen property, that he wasn't
24 just sitting in there getting out of the cold.
25 Now, this problem came to light
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1 significantly in a case known as the Rivera
2 case, where an individual -- a policeman came
3 upon this individual in a car where the lock
4 had been broken on the outside, where part of
5 the steering wheel had been disassembled,
6 obviously with the intent of shorting out the
7 ignition, and he arrested him. And he was
8 charged with auto theft.
9 In the final disposition of the
10 case, the court ruled that since no evidence
11 was offered to establish when the defendant
12 entered the vehicle or what part, if any, he
13 played in its taking, his presence in the car
14 could not be equated to auto theft but simply
15 a lesser crime which would be akin to
16 trespass.
17 Now, obviously, that puts a crimp
18 in the ability of dealing with individuals,
19 because the penalty is significantly
20 different. And so this bill would address
21 that problem. The net result of the Rivera
22 case is that passengers in stolen autos would
23 only be subject to a charge of unauthorized
24 use, unauthorized use of a motor vehicle.
25 Unauthorized use statutes begin with a Class A
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1 misdemeanor. As opposed to grand larceny,
2 which is obvious a felony.
3 Now, I have personal experience of
4 my own. A car was stolen in front of my
5 house. Six weeks later, the person who stole
6 it rammed it into another car, and as a result
7 of that serious accident he was arrested.
8 Because when the police came on the scene,
9 while the license plate had been changed, from
10 Senate whatever to North Carolina, he hadn't
11 changed the registration sticker on the
12 windshield. So they knew something was wrong.
13 And they arrested him, and they
14 charged him with auto theft. Now, he said, "I
15 didn't steal the car." And they said, "You
16 didn't? Well, you were driving it. And as a
17 matter of fact, you totaled it." He said,
18 "No, it was given to me by another guy." And
19 he gave him up.
20 And sure enough, someone had given
21 him the car, the guy that had stolen it.
22 Fortunately, that guy was also in jail at that
23 moment in time, because he had committed
24 another crime between stealing my car and
25 giving my car to this other fellow who was
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1 apprehended.
2 The point I'm making is that when
3 that individual who was found with my car was
4 facing an auto theft prosecution, he was very
5 eager to tell the police who had actually
6 stolen the car. Well, that may be an isolated
7 case.
8 But the issue, simply put, is if
9 someone is in a car, the lock's broken, he's
10 sitting there, he hasn't driven off yet and a
11 policeman comes upon the scene, does the
12 district attorney have to prove that he was in
13 the process of stealing the car? Or should
14 the defendant have to prove that he wasn't in
15 the process of stealing the car? Which is
16 currently the way it is, as a result of the
17 Rivera case.
18 This bill would address that issue,
19 along with some other issues involving chop
20 shops.
21 ACTING PRESIDENT MEIER: Senator
22 Montgomery.
23 SENATOR MONTGOMERY: Yes, I just
24 wanted to thank Senator Padavan for that
25 explanation and that example.
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1 I think I just want to comment, Mr.
2 President, on the legislation. I certainly
3 agree with Senator Padavan that if you are --
4 if you possess two vehicles, two stolen
5 vehicles, vehicles that you did not purchase,
6 that you should know that they probably are
7 stolen or you should know that there's a
8 presumption that you should know that they're
9 stolen.
10 However, I do have a serious
11 problem with this issue of the fact that the
12 bill creates an evidentiary presumption that a
13 person who rides or sits inside a vehicle
14 possesses that vehicle for the purpose of
15 criminal possession of stolen property, and he
16 creates a grand larceny charge.
17 Now, the problem that I have is
18 that while in the case of the person who was
19 found driving his car -- which is obviously a
20 terrible traumatic experience to have a car
21 stolen -- the person was not guilty of
22 actually stealing the car himself but received
23 the car from someone else who had stolen the
24 car.
25 But in many parts of our state, as
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1 well as the city, but not even as much as the
2 city, in other parts of the state young people
3 start to drive very early, and they ride in
4 groups of two or three or four. And this
5 legislation would, in the event some young
6 person takes a vehicle that doesn't belong to
7 that young person and goes to pick up several
8 or his or her friends, those youngsters would
9 be eligible to be prosecuted under this
10 legislation.
11 And so I think that we need to
12 really think a little bit more about how we
13 include everybody. We already have that
14 problem that if you're in the car and there's
15 drugs in the car, there's a gun in the car,
16 everyone in the car is equally guilty. This
17 continues that trend. And I think that we
18 should think about this a little bit more.
19 So I'm going to vote no on this,
20 Mr. President, because I don't feel
21 comfortable with including sitting in a
22 vehicle as being presumed to have knowledge
23 that it's stolen and thereby being charged
24 with a crime. Thank you.
25 ACTING PRESIDENT MEIER: Any
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1 other Senator wish to be heard on the bill?
2 Debate is closed, then.
3 The Secretary will ring the bell.
4 Senator Saland.
5 SENATOR SALAND: Thank you, Mr.
6 President. A bit of housekeeping.
7 I'd like to remove a sponsor's star
8 on Senate 5415, Calendar 1272.
9 ACTING PRESIDENT MEIER: So
10 ordered.
11 Read the last section.
12 THE SECRETARY: Section 10. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1645 are
20 Senators Duane, Hassell-Thompson, Montgomery
21 and Parker.
22 Absent from voting: Senators
23 Bonacic and Gonzalez.
24 Ayes, 54. Nays, 4.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1661, by Senator Spano --
4 SENATOR FUSCHILLO: Lay it aside
5 for the day.
6 ACTING PRESIDENT MEIER: Lay the
7 bill aside for the day.
8 Senator Fuschillo, that completes
9 the controversial reading of the calendar.
10 SENATOR FUSCHILLO: Mr.
11 President, there will be an immediate meeting
12 of the Rules Committee in the Majority
13 Conference Room.
14 ACTING PRESIDENT MEIER: Could we
15 take care of some housekeeping?
16 We'll call an immediate meeting of
17 the Rules Committee in the Majority Conference
18 Room.
19 SENATOR FUSCHILLO: Is there
20 housekeeping at the desk?
21 ACTING PRESIDENT MEIER: We have
22 some, yes.
23 SENATOR FUSCHILLO: Please take
24 care of it.
25 ACTING PRESIDENT MEIER: Senator
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1 Robach.
2 SENATOR ROBACH: Yes, Mr.
3 President. On page 31, I offer the following
4 amendments to Calendar Number 911, Senate
5 Print Number 4040A, and ask that the said bill
6 retain its place on Third Reading Calendar, on
7 behalf of Senator Fuschillo.
8 ACTING PRESIDENT MEIER: The
9 amendments are received and adopted, and the
10 bill will retain its place on third reading.
11 SENATOR ROBACH: And also, Mr.
12 President, on page 7, I offer the following
13 amendments to Calendar 149, Senate Print
14 Number 484B, and ask that said bill retain its
15 place on third reading, on behalf of Senator
16 Skelos.
17 ACTING PRESIDENT MEIER: The
18 amendments are received and adopted, and the
19 bill will retain its place on the Third
20 Reading Calendar.
21 SENATOR FUSCHILLO: Mr.
22 President.
23 ACTING PRESIDENT MEIER: Senator
24 Fuschillo.
25 SENATOR FUSCHILLO: We will stand
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1 at ease pending the return of the report of
2 Rules Committee.
3 ACTING PRESIDENT MEIER: The
4 Senate will stand at ease pending the report
5 of the Rules Committee.
6 (Whereupon, the Senate stood at
7 ease at 6:08 p.m.)
8 (Whereupon, the Senate reconvened
9 at 6:30 p.m.)
10 ACTING PRESIDENT MEIER: Senator
11 Fuschillo.
12 SENATOR FUSCHILLO: Mr.
13 President, would you return to the reports of
14 standing committees. I believe there's a
15 report of the Rules Committee at the desk.
16 ACTING PRESIDENT MEIER: Reports
17 of standing committees.
18 The Secretary will read the report
19 of the Rules Committee.
20 THE SECRETARY: Senator Bruno,
21 from the Committee on Rules, reports the
22 following bills:
23 Senate Print 751, by Senator
24 Hannon, an act to amend the New York State
25 Medical Care Facilities Finance Agency Act;
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1 2444B, by Senator Padavan, an act
2 to amend Part H of Chapter 60 of the Laws of
3 2004;
4 4157B, by Senator Robach, an act to
5 amend the Criminal Procedure Law;
6 4175, by Senator Maltese, an act to
7 amend the Penal Law;
8 4281, by Senator Oppenheimer, an
9 act to amend the Vehicle and Traffic Law;
10 4504B, by Senator Maziarz, an act
11 to amend the Vehicle and Traffic Law;
12 4698, by Senator Golden, an act to
13 amend the Penal Law;
14 4734, by Senator Maltese, an act to
15 amend the New York State Financial Emergency
16 Act for the City of New York;
17 4758A, by Senator Saland, an act to
18 amend the Penal Law;
19 4778, by Senator Padavan, an act to
20 amend the Private Housing Finance Law;
21 4970, by Senator Padavan, an act to
22 amend the Administrative Code of the City of
23 New York;
24 5025A, by Senator Alesi, an act to
25 establish;
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1 5168, by Senator Marchi, an act to
2 amend the Civil Service Law;
3 5185, by Senator Leibell, an act to
4 amend the Public Authorities Law;
5 5259, by Senator Padavan, an act to
6 amend the Real Property Tax Law;
7 5297A, by Senator Meier, an act to
8 amend the Education Law;
9 5359, by Senator Padavan, an act to
10 amend the Real Property Tax Law;
11 5373, by Senator Golden, an act to
12 authorize;
13 5418, by Senator Marchi, an act to
14 amend the Vehicle and Traffic Law;
15 5419A, by Senator Spano, an act to
16 amend the Environmental Conservation Law;
17 5491A, by Senator Flanagan, an act
18 to amend the Education Law;
19 5511, by Senator Spano, an act to
20 authorize;
21 5520A, by the Senate Committee on
22 Rules, an act to amend the Tax Law;
23 5534A, by Senator Wright, an act to
24 amend the Social Services Law;
25 5576A, by Senator Marcellino, an
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1 act to amend the Environmental Conservation
2 Law;
3 5587A, by Senator Leibell, an act
4 to amend the Military Law;
5 5617, by the Senate Committee on
6 Rules, an act to amend the Tax Law;
7 5658A, by Senator Maziarz, an act
8 to amend the Public Authorities Law;
9 5676, by Senator Little, an act to
10 authorize;
11 5677, by Senator Johnson, an act to
12 amend the Executive Law;
13 5680, by Senator Volker, an act to
14 provide;
15 5681, by Senator Volker, an act to
16 amend the Tax Law;
17 5686, by Senator Young, an act to
18 amend the Education Law;
19 5687, by Senator Seward, an act to
20 amend the Highway Law;
21 5691, by the Senate Committee on
22 Rules, an act to amend the Tax Law;
23 5721, by the Senate Committee on
24 Rules, an act to amend the Tax Law;
25 5738, by Senator Meier, an act to
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1 amend the Public Authorities Law;
2 And Senate Print 5741, by Senator
3 LaValle, an act establishing.
4 All bills ordered direct to third
5 reading.
6 ACTING PRESIDENT MEIER: Senator
7 Fuschillo.
8 SENATOR FUSCHILLO: Move to
9 accept the report of the Rules Committee.
10 ACTING PRESIDENT MEIER: All
11 those in favor of accepting the report of the
12 Rules Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT MEIER: Those
15 opposed, nay.
16 (No response.)
17 ACTING PRESIDENT MEIER: The
18 report of the Rules Committee is accepted.
19 Senator Fuschillo, the Secretary
20 has a couple of subs. Could we do those
21 first?
22 SENATOR FUSCHILLO: Please take
23 them up.
24 ACTING PRESIDENT MEIER: The
25 Secretary will read the substitutions.
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1 THE SECRETARY: On page 4,
2 Senator Marcellino moves to discharge, from
3 the Committee on Rules, Assembly Bill Number
4 6402A and substitute it for the identical
5 Senate Bill Number 1485A, Third Reading
6 Calendar 64.
7 On page 33, Senator Larkin moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 5767 and substitute it
10 for the identical Senate Bill Number 444,
11 Third Reading Calendar 992.
12 ACTING PRESIDENT MEIER:
13 Substitutions ordered.
14 Senator Fuschillo.
15 SENATOR FUSCHILLO: Mr.
16 President, please take up Supplemental
17 Calendar B.
18 ACTING PRESIDENT MEIER: The
19 Secretary will conduct the noncontroversial
20 reading of Supplemental Calendar B.
21 THE SECRETARY: Calendar Number
22 1671, by Senator Hannon, Senate Print 751, an
23 act to amend the New York State Medical Care
24 Facilities Finance Agency Act.
25 ACTING PRESIDENT MEIER: Read the
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1 last section.
2 THE SECRETARY: Section 3. 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 THE SECRETARY: Calendar Number
11 1672, by Senator Padavan, Senate Print 2444B,
12 an act to amend Part H of Chapter 60 of the
13 Laws of 2004 amending the Tax Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 3. 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, 60.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1674 --
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1 SENATOR HASSELL-THOMPSON: Lay it
2 aside.
3 ACTING PRESIDENT MEIER: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1675, by Senator Oppenheimer, Senate Print
7 4281, an act to amend the Vehicle and Traffic
8 Law.
9 ACTING PRESIDENT MEIER: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 3. 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, 60.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 1676, Senator Maziarz moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 7264B and substitute it
24 for the identical Senate Bill Number 4504B,
25 Third Reading Calendar 1676.
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1 ACTING PRESIDENT MEIER:
2 Substitution ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1676, by Member of the Assembly Abbate,
6 Assembly Print Number 7264B, an act to amend
7 the Vehicle and Traffic Law.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1677, by Senator Golden, Senate Print 4698, an
20 act to amend the Penal Law.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT MEIER: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MEIER: Senator
4 Parker, to explain his vote.
5 SENATOR PARKER: Yes, thank you,
6 Mr. President, to explain my vote.
7 I want to first thank the sponsor,
8 Senator Golden, for raising this important
9 issue. And I think that, you know,
10 prostitution and what happens with our young
11 people is critically important, and it's
12 important that we deal with it.
13 But there are many issues that have
14 not been dealt with as of yet. We only have
15 three days yet, three, before we end session.
16 And it's critical that we spend some time
17 really dealing with the issues that need to be
18 dealt with. We would not have to worry about
19 prostitution from young children if we had
20 done what we were supposed to be doing here,
21 what the people of the state have said we need
22 to do, what the courts have said we need to
23 do, what the Legislature knows we need to do,
24 and putting more money into our schools for
25 education. CFE needs to be dealt with, and it
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1 needs to be dealt with before we leave here
2 this session.
3 This is an important bill, and I
4 think that we should continue -- I'm voting
5 for it. I think we should pass it --
6 ACTING PRESIDENT MEIER: Senator
7 Fuschillo, why do you rise?
8 SENATOR FUSCHILLO: Mr.
9 President, I appreciate everything Senator
10 Parker is saying. I don't believe this is
11 germane to the bill that's on the floor.
12 SENATOR PARKER: I'm
13 explaining --
14 ACTING PRESIDENT MEIER: Well,
15 Senator, the Acting Majority Leader's point is
16 well taken. The purpose of the time you're
17 granted is to explain your vote.
18 SENATOR PARKER: And I'm voting
19 for this bill, and I'll tell you why I'm
20 voting for this bill --
21 SENATOR SCHNEIDERMAN: Mr.
22 President, point of order. Point of order.
23 ACTING PRESIDENT MEIER: Senator
24 Schneiderman, why do you rise?
25 SENATOR SCHNEIDERMAN: Point of
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1 order.
2 There is nothing in the Senate
3 Rules, and I invite anyone to contradict me,
4 that imposes a germaneness requirement on
5 explaining the vote. Two minutes, that's it.
6 I respectfully request that Senator
7 Parker be allowed to continue. The
8 germaneness requirement does apply when you're
9 speaking on a bill, but not when you're
10 explaining a vote.
11 ACTING PRESIDENT MEIER: Well,
12 Senator, it's the ruling of the chair that the
13 germaneness requirement relates to the matter
14 before the house. And the Senator is
15 recognized for the purpose of explaining his
16 vote on the bill before the house.
17 Senator Parker.
18 SENATOR PARKER: I will explain
19 my vote.
20 I'm voting yes on this bill and I'm
21 voting yes on this bill because I've worked
22 with Senator Golden, I think that he knows
23 what's important for young people. I think
24 that he thinks that this is a good step for us
25 doing it.
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1 But in addition to this good step,
2 we also need to do other things, like CFE.
3 And I'm hoping that he will use this as a
4 gateway to talk about some of the other
5 issues.
6 We're in the last three days, Mr.
7 President. I hope we get an opportunity to
8 talk about Timothy's Law and ethics reform and
9 rules reform, in addition to dealing with
10 these important issues.
11 I'm voting aye.
12 ACTING PRESIDENT MEIER: Senator
13 Parker will be recorded in the affirmative.
14 Senator Montgomery, to explain her
15 vote.
16 SENATOR MONTGOMERY: Yes, Mr.
17 President, to explain my vote.
18 I'm voting no on this bill, and I
19 wish that Senator Golden would see fit to make
20 sure that any john who accepts the actions
21 that he describes in here of a 14-year-old
22 should be severely punished. And maybe they
23 should even receive the punishment of Senator
24 LaValle's bill this morning. But he chooses
25 to punish the children.
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1 So I'm voting no on this
2 legislation. I think it's the wrong -- we're
3 punishing the wrong one. We should be
4 punishing the johns.
5 Thank you.
6 ACTING PRESIDENT MEIER: Senator
7 Montgomery will be recorded in the negative.
8 The Secretary will announce the
9 results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1677 are
12 Senators Duane, Hassell-Thompson and
13 Montgomery.
14 Ayes, 57. Nays, 3.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1678, by Senator Maltese, Senate Print 4734,
19 an act to amend the New York State Financial
20 Emergency Act for the City of New York.
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, 60.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1679, by Senator Saland --
8 SENATOR SAVINO: Lay it aside.
9 ACTING PRESIDENT MEIER: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1680, by Senator Padavan, Senate Print 4778,
13 an act to amend the Private Housing Finance
14 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 1681, by Senator Padavan, Senate Print 4970,
2 an act to amend the Administrative Code of the
3 City of New York.
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 1682, by Senator Alesi, Senate Print 5025A, an
16 act to establish a statewide first responder
17 building mapping information system.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 4. 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, 60.
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4896
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1683, by Senator Marchi, Senate Print 5168, an
5 act to amend the Civil Service Law.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1684, by Senator Leibell, Senate Print 5185,
18 an act to amend the Public Authorities 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, 60.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 1685, Senator Padavan moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 7728 and substitute it
8 for the identical Senate Bill Number 5259,
9 Third Reading Calendar 1685.
10 ACTING PRESIDENT MEIER:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1685, by Member of the Assembly McLaughlin,
15 Assembly Print Number 7728, an act to amend
16 the Real Property Tax 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, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: In relation to
3 Calendar Number 1686, Senator Meier moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 7172A and substitute it
6 for the identical Senate Bill Number 5297A,
7 Third Reading Calendar 1686.
8 ACTING PRESIDENT MEIER:
9 Substitution ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1686, by Member of the Assembly Magee,
13 Assembly Print Number 7172A, an act to amend
14 the Education 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: In relation to
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4899
1 Calendar Number 1687, Senator Padavan moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 8120 and substitute it
4 for the identical Senate Bill Number 5359,
5 Third Reading Calendar 1687.
6 ACTING PRESIDENT MEIER:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1687, by Member of the Assembly McLaughlin,
11 Assembly Print Number 8120, an act to amend
12 the Real Property Tax 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, 60.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1688, by Senator Golden, Senate Print 5373, an
25 act to authorize the City of New York.
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1 ACTING PRESIDENT MEIER: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 4. 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, 60.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1689, by Senator Marchi, Senate Print 5418, an
14 act to amend the Vehicle and Traffic 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 1690, by Senator Spano, Senate Print 5419A, an
2 act to amend the Environmental Conservation
3 Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 3. 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 1691, by Senator Flanagan, Senate Print 5491A,
16 an act to amend the Education Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect --
21 SENATOR MONTGOMERY: Lay it
22 aside.
23 ACTING PRESIDENT MEIER: Lay the
24 bill aside.
25 THE SECRETARY: Calendar Number
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1 1692, by Senator Spano, Senate Print 5511, an
2 act to authorize the reopening of an optional
3 twenty-year retirement plan.
4 ACTING PRESIDENT MEIER: There is
5 a home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 3. 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, 60.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1693, Senator Bruno moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 6214A and substitute it
19 for the identical Senate Bill Number 5520A,
20 Third Reading Calendar 1693.
21 ACTING PRESIDENT MEIER:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1693, by Member of the Assembly Oaks, Assembly
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1 Print Number 6214A, an act to amend the Tax
2 Law.
3 ACTING PRESIDENT MEIER: There is
4 a local fiscal impact note at the desk.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of July.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59. Nays,
12 1. Senator Valesky recorded if the negative.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1694, by Senator Wright, Senate Print 5534A,
17 an act to amend the Social Services Law.
18 SENATOR MONTGOMERY: Lay it
19 aside.
20 ACTING PRESIDENT MEIER: Lay the
21 bill aside.
22 THE SECRETARY: Calendar Number
23 1695, by Senator Marcellino, Senate Print
24 5576A, an act to amend the Environmental
25 Conservation Law.
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4904
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 90th day.
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: In relation to
12 Calendar Number 1696, Senator Leibell moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 8476B and substitute it
15 for the identical Senate Bill Number 5587A,
16 Third Reading Calendar 1696.
17 ACTING PRESIDENT MEIER:
18 Substitution ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1696, by Member of the Assembly Towns,
22 Assembly Print Number 8476B, an act to amend
23 the Military Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
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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, 60.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1697, by the Senate Committee on Rules, Senate
11 Print Number 5617, an act to amend the Tax Law
12 and others.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 22. 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.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1699, by Senator Little, Senate Print 5676, an
25 act to authorize the Town of Tupper Lake in
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1 the County of Franklin.
2 ACTING PRESIDENT MEIER: There is
3 a home-rule message at the desk.
4 Read the last section.
5 THE SECRETARY: Section 3. 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 1700, by Senator Johnson, Senate Print 5677,
15 an act to amend the Executive Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 SENATOR MONTGOMERY: Lay it
19 aside.
20 ACTING PRESIDENT MEIER: Lay the
21 bill aside.
22 THE SECRETARY: Calendar Number
23 1705, by the Senate Committee on Rules, Senate
24 Print Number 5691, an act to amend the Tax
25 Law.
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4907
1 ACTING PRESIDENT MEIER: There is
2 a local fiscal impact note at the desk.
3 Read the last section.
4 THE SECRETARY: Section 6. 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, 59. Nays,
10 1. Senator Valesky recorded in the negative.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1706, by the Senate Committee on Rules, Senate
15 Print Number 5721, an act to amend the Tax
16 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, 60.
25 ACTING PRESIDENT MEIER: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1707, by Senator Meier, Senate Print 5738, an
4 act to amend the Public Authorities Law.
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, 60.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1708, by Senator LaValle, Senate Print 5741,
17 an act establishing the Town of East Hampton.
18 ACTING PRESIDENT MEIER: There is
19 a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 9. 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, 60.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 Senator Fuschillo, that completes
5 the noncontroversial reading of the calendar.
6 SENATOR FUSCHILLO: Mr.
7 President, will you please take up Calendar
8 Number 1691, by Senator Flanagan. It was
9 inadvertently laid aside.
10 ACTING PRESIDENT MEIER: The
11 Secretary will read Calendar 1691.
12 THE SECRETARY: Calendar Number
13 1691, by Senator Flanagan, Senate Print 5491A,
14 an act to amend the Education 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 Senator Fuschillo.
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1 SENATOR FUSCHILLO: Mr.
2 President, will you please read the
3 controversial calendar.
4 ACTING PRESIDENT MEIER: The
5 Secretary will take up the controversial
6 reading of the calendar.
7 The Secretary will ring the bell.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 1674, by Senator Maltese, Senate Print 4175,
11 an act to amend the Penal Law and the Public
12 Health Law.
13 SENATOR HASSELL-THOMPSON:
14 Explanation.
15 ACTING PRESIDENT MEIER: Senator
16 Maltese, Senator Hassell-Thompson has
17 requested an explanation of Calendar 1674.
18 SENATOR MALTESE: Yes, Mr.
19 President. This bill concerns making a
20 misdemeanor the knowingly and unlawfully
21 possessing a hypodermic syringe or a
22 hypodermic needle.
23 In addition, it changed the gender.
24 The original legislation said "he." It
25 changed it, making it gender-neutral, to "such
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1 person."
2 And this bill is the result of so
3 many instances of people going into public
4 places and having exposed needles and
5 apparently getting -- criminally injecting
6 others in these public places, surreptitiously
7 and harmfully, and then worrying the recipient
8 of the punctures that the needle might possess
9 AIDS or some similar disease that could be
10 transmitted by the needle.
11 In addition, it makes unlawful the
12 possession in a public place of the hypodermic
13 needle that is not safely capped. It has some
14 protections as far as possessing it for lawful
15 purposes, and in addition renders as an
16 affirmative defense to a prosecution, under
17 that section, that the defense that the
18 defendant's exposure of the hypodermic needle
19 was both temporary and in conjunction with the
20 necessary injection.
21 So if you have a person with
22 diabetes and they're exposing the needle in a
23 public place for the purposes of taking a dose
24 of insulin or what have you, that is an
25 exclusion under the bill.
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1 ACTING PRESIDENT MEIER: Senator
2 Hassell-Thompson.
3 SENATOR HASSELL-THOMPSON: Okay,
4 thank you, Mr. President. Just quickly on the
5 bill, because that was -- the last part of
6 Senator Maltese's statement was, I guess, the
7 bulk of my concern. Because many persons who
8 are diabetic who have to give themselves
9 injections in public would be subject to this.
10 But I guess the question that I --
11 if I have any to raise, would be, through you,
12 Mr. President, is if they have to -- if --
13 this bill says it's unlawful. But you're
14 saying that they are exempt. And I'm trying
15 to figure out if they have to go to court
16 before they're exempt, or is an explanation to
17 the police officer that may arrest them
18 sufficient in this instance. Because there's
19 nothing in this bill that says that that
20 exemption exists.
21 SENATOR MALTESE: Through you,
22 Mr. President, it would seem that a person
23 that was in such a public place with the
24 hypodermic needle injecting themselves, except
25 for the actual injection, would have the
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1 needle safely capped or both retractable and
2 retracted or otherwise enclosed in a
3 puncture-proof container.
4 I don't think that this bill is an
5 invitation to police officers to arrest
6 diabetics who are injecting themselves. This
7 is, as I've indicated, the result of persons
8 unlawfully injecting others and subjecting
9 them to unnecessary tests in connection with
10 communicable diseases.
11 In response to your question,
12 Senator, it does seem that the person, if
13 arrested with an exposed needle and was unable
14 to adequately explain themselves to a police
15 officer, would have to use it as an
16 affirmative defense.
17 SENATOR HASSELL-THOMPSON: On the
18 bill.
19 ACTING PRESIDENT MEIER: Senator
20 Hassell-Thompson, on the bill.
21 SENATOR HASSELL-THOMPSON:
22 Therein lies my concern about this bill, which
23 is why I will be voting no, because it puts
24 the onus on the person in a court of law in
25 order to prove themselves innocent.
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1 Thank you, Mr. President.
2 ACTING PRESIDENT MEIER: Any
3 other Senator wish to be heard on the bill?
4 Debate is closed, then.
5 The Secretary will ring the bell.
6 Members are asked to come to the chamber for a
7 vote.
8 Read the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MEIER: Announce
15 the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1674 are
18 Senators Duane, Hassell-Thompson, L. Krueger,
19 Libous, Parker and Spano.
20 Those Senators absent from voting:
21 Bonacic, Gonzalez and Winner.
22 Ayes, 51. Nays, 6.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 Senators, the chair is constrained
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1 to make an observation. We are adding about
2 an hour to every calendar that we are going
3 through to corral members back in to vote.
4 And we're all going to grow old together if
5 this continues.
6 So we would ask members, when we
7 get to the controversial calendar, to please
8 be in the chamber for the vote so that we can
9 expedite passage of the bills that are
10 remaining in the session.
11 The Secretary will continue to
12 read.
13 THE SECRETARY: Calendar Number
14 1679, by Senator Saland --
15 SENATOR FUSCHILLO: Lay it aside
16 for the day, please.
17 ACTING PRESIDENT MEIER: Lay the
18 bill aside for the day.
19 THE SECRETARY: Calendar Number
20 1694, by Senator Wright, Senate Print 5534A,
21 an act to amend the Social Services Law.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 120th day.
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1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MEIER: Announce
5 the results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1694:
8 Senators Hassell-Thompson and Montgomery.
9 Those Senators absent from voting:
10 Bonacic and Gonzalez.
11 Ayes, 56. Nays, 2.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 SENATOR CONNOR: Point of order,
15 Mr. President.
16 ACTING PRESIDENT MEIER: Senator
17 Connor.
18 SENATOR CONNOR: I heard no
19 explanation requested on that bill. Why does
20 it remain controversial such that absents are
21 recorded?
22 I know these are new rules; I've
23 been here a long time. If no one asks for an
24 explanation on the controversial reading, the
25 bill reverts to an uncontroversial status.
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1 ACTING PRESIDENT MEIER: Senator,
2 the bill --
3 SENATOR CONNOR: It's laid aside
4 for an explanation.
5 ACTING PRESIDENT MEIER: The
6 point of order is addressed to the chair.
7 SENATOR CONNOR: Yes, Mr.
8 President.
9 My point is, if no one requests an
10 explanation, is not the bill no longer
11 controversial?
12 ACTING PRESIDENT MEIER: No,
13 Senator, the bill is laid aside and goes to
14 the controversial calendar.
15 The Secretary will continue to
16 read.
17 THE SECRETARY: Calendar Number
18 1700, by Senator Johnson, Senate Print --
19 SENATOR FUSCHILLO: Lay it aside
20 for the day, please.
21 ACTING PRESIDENT MEIER: Lay the
22 bill aside for the day.
23 Senator Fuschillo, that completes
24 this calendar.
25 SENATOR FUSCHILLO: Mr.
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1 President, there will be a meeting of the
2 Rules Committee at 7:15 in the Majority
3 Conference Room.
4 ACTING PRESIDENT MEIER: The
5 Rules Committee will meet at 7:15 in the
6 Majority Conference Room.
7 SENATOR FUSCHILLO: Pending the
8 receipt and acceptance of the report, the
9 report will be for tomorrow's calendar.
10 ACTING PRESIDENT MEIER: The
11 Senate will stand at ease, then, Senator?
12 Senator, could we complete some
13 housekeeping? We have a motion.
14 SENATOR FUSCHILLO: If there's
15 housekeeping at the desk, please take it up.
16 ACTING PRESIDENT MEIER: Senator
17 Flanagan.
18 SENATOR FLANAGAN: Thank you, Mr.
19 President.
20 On behalf of Senator Libous, I
21 request to call up Senate Bill 5688, recalled
22 from the Assembly, which is now at the desk.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1630, by Senator Libous, Senate Print 5688, an
2 act to amend the Education Law.
3 SENATOR FLANAGAN: Mr. President,
4 I now move to reconsider the vote by which the
5 bill was passed.
6 ACTING PRESIDENT MEIER: The
7 Secretary will call the roll on
8 reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 SENATOR FLANAGAN: Mr. President,
12 I now offer the following amendments.
13 ACTING PRESIDENT MEIER: The
14 amendments are received and adopted.
15 Senator Fuschillo.
16 SENATOR FUSCHILLO: Mr.
17 President, Senator Bruno, on behalf of Senator
18 Paterson, hands up the following Minority
19 leadership changes.
20 ACTING PRESIDENT MEIER: Those
21 are received and will be recorded in the
22 Journal.
23 The Senate stands at ease.
24 (Whereupon, the Senate stood at
25 ease at 7:08 p.m.)
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1 (Whereupon, the Senate reconvened
2 at 7:26 p.m.)
3 ACTING PRESIDENT MEIER: Senator
4 Fuschillo.
5 SENATOR FUSCHILLO: Mr.
6 President, may we please return to reports of
7 standing committees. I believe there's a
8 report of the Rules Committee at the desk.
9 ACTING PRESIDENT MEIER: Reports
10 of standing committees.
11 The Secretary will read.
12 THE SECRETARY: Senator Bruno,
13 from the Committee on Rules, reports the
14 following bills:
15 Senate Print 843B, by Senator
16 LaValle, an act to amend the Education Law;
17 1404A, by Senator Seward, an act to
18 amend Chapter 668 of the Laws of 1977;
19 1936A, by Senator Golden, an act to
20 amend the Public Health Law;
21 2522, by Senator Krueger, an act to
22 authorize;
23 2543, by Senator Valesky, an act
24 authorizing;
25 2828D, by Senator Flanagan, an act
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1 to amend the Environmental Conservation Law;
2 2936, by Senator Little, an act to
3 grant Richard F. Kelly;
4 3638, by Senator Robach, an act to
5 amend Chapter 657 of the Laws of 2002;
6 4658, by Senator Padavan, an act to
7 amend the Administrative Code of the City of
8 New York;
9 5273, by Senator Winner, an act to
10 amend the Highway Law;
11 5285, by Senator Wright, an act to
12 amend the Tax Law;
13 5441, by Senator Nozzolio, an act
14 to amend the Penal Law;
15 5471B, by Senator Bonacic, an act
16 to amend Chapter 172 of the Laws of 2002;
17 5540A, by Senator Volker, an act to
18 amend the Alcoholic Beverage Control Law;
19 5543A, by Senator Alesi, an act to
20 amend the Correction Law;
21 5614, by Senator Wright, an act to
22 amend the Energy Law;
23 5640, by Senator Nozzolio, an act
24 to amend the Correction Law;
25 5652, by Senator Spano, an act to
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1 amend Chapter 57 of the Laws of 2005;
2 5689, by Senator Little, an act to
3 amend the Correction Law;
4 5694, by Senator Padavan, an act to
5 amend the General City Law;
6 5698, by Senator Fuschillo, an act
7 to amend the Penal Law;
8 5713, by Senator LaValle, an act to
9 amend the Public Health Law;
10 5716, by Senator Robach, an act to
11 amend the Education Law;
12 5722, by Senator Larkin, an act to
13 amend the Civil Service Law;
14 5727, by Senator DeFrancisco, an
15 act in relation to the initial phase of
16 reconstruction;
17 5742, by Senator Winner, an act to
18 amend the Agriculture and Markets Law;
19 5747, by Senator Spano, an act to
20 amend the Public Authorities Law;
21 5751, by Senator Meier, an act to
22 amend the Highway Law;
23 5753A, by Senator Skelos, an act to
24 amend the Correction Law;
25 5756, by Senator Golden, an act to
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1 amend the Elder Law;
2 5760, by Senator Young, an act to
3 amend the Highway Law;
4 5771, by Senator Spano, an act to
5 amend the Arts and Cultural Affairs Law;
6 5788, by Senator Golden, an act to
7 amend the Tax Law;
8 5799, by Senator Marcellino, an act
9 to amend the Military Law;
10 5800, by Senator Young, an act to
11 amend the Highway Law;
12 And Senate Print 5887, by Senator
13 Flanagan, an act to amend the Labor Law.
14 All bills ordered direct to third
15 reading.
16 ACTING PRESIDENT MEIER: Senator
17 Fuschillo.
18 SENATOR FUSCHILLO: Move to
19 accept the report of the Rules Committee.
20 ACTING PRESIDENT MEIER: All
21 those in favor of accepting the report of
22 Rules Committee signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT MEIER: Those
25 opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT MEIER: The
3 report of the Rules Committee is accepted by a
4 wide margin.
5 Senator Fuschillo.
6 SENATOR FUSCHILLO: Mr.
7 President, is there any other business at the
8 desk?
9 ACTING PRESIDENT MEIER: No,
10 there is not.
11 SENATOR FUSCHILLO: If we could
12 return to motions and resolutions and
13 recognize Senator Robach.
14 ACTING PRESIDENT MEIER: Motions
15 and resolutions.
16 Senator Robach.
17 SENATOR ROBACH: Yes, Mr.
18 President. On behalf of Senator Spano, on
19 page 25, I offer the following amendments to
20 Calendar Number 774, Senate Print Number
21 3906A, and ask that the said bill retain its
22 place on Third Reading Calendar.
23 ACTING PRESIDENT MEIER: The
24 amendments are received and adopted, and the
25 bill will retain its place on the order of
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1 third reading.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: Mr.
4 President, I'd like to announce that there
5 will be a Majority conference tomorrow morning
6 at 10:30 a.m. in the Majority Conference Room.
7 ACTING PRESIDENT MEIER: There
8 will be a 10:30 a.m. Majority conference
9 tomorrow morning.
10 SENATOR SCHNEIDERMAN: I'd like
11 to thank Senator Fuschillo for his fine work
12 here today.
13 SENATOR FUSCHILLO: Thank you,
14 Senator.
15 Mr. President, is there any other
16 housekeeping at the desk?
17 ACTING PRESIDENT MEIER: No,
18 there is not.
19 SENATOR FUSCHILLO: Any members
20 have any other business that they'd like to
21 discuss here?
22 Mr. President, there being no
23 further business to come before the Senate, I
24 move we adjourn until Wednesday, June 22nd, at
25 11:00 a.m.
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1 ACTING PRESIDENT MEIER: On
2 motion, the Senate stands adjourned until
3 Wednesday, June 22nd, at 11:00 a.m.
4 (Whereupon, at 7:32 p.m., the
5 Senate adjourned.)
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