Regular Session - January 30, 2006

                                                            379



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 30, 2006

        11                       3:38 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25


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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Saturday, January 28, the Senate met pursuant

        18       to adjournment.  The Journal of Friday,

        19       January 27, was read and approved.  On motion,

        20       Senate adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.


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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  Reports of select committees.

         4                  Communications and reports from

         5       state officers.

         6                  Motions and resolutions.

         7                  Senator Meier.

         8                  SENATOR MEIER:    Thank you, Madam

         9       President.

        10                  On behalf of Senator Golden, on

        11       page number 11, I offer the following

        12       amendments to Calendar Number 44, Senate Print

        13       Number 5756, and ask that said bill retain its

        14       place on the Third Reading Calendar.

        15                  THE PRESIDENT:    The amendments

        16       are received.  The bill will retain its place

        17       on the Third Reading Calendar.

        18                  SENATOR MEIER:    Thank you, Madam

        19       President.

        20                  THE PRESIDENT:    Thank you,

        21       Senator Meier.

        22                  Senator Skelos.

        23                  SENATOR SKELOS:    Madam President,

        24       I believe there's an amendment at the desk --

        25       or there's substitutions.


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         1                  THE PRESIDENT:    I'd ask for

         2       order.  I'm having trouble hearing.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    I was wrong.  No

         5       amendments, no substitutions.

         6                  If we could go to the

         7       noncontroversial reading of the calendar.

         8                  THE PRESIDENT:    There are no

         9       substitutions.

        10                  And we will now read the

        11       noncontroversial calendar.

        12                  THE SECRETARY:    Calendar Number

        13       41, by Senator Farley, Senate Print 2481, an

        14       act to amend the Education Law, in relation to

        15       authorizing the State University trustees.

        16                  THE PRESIDENT:    Read the last

        17       section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the first of April.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE PRESIDENT:    Senator Farley,

        23       to explain your vote.

        24                  SENATOR FARLEY:    Thank you, Madam

        25       President.


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         1                  This is a bill that is sponsored by

         2       almost every member of this Senate.  And it's

         3       a bill that I expect that we're going to get

         4       signed today.  It's been around for a lot of

         5       years.

         6                  It was vetoed because they -- and

         7       actually, the current Governor was a sponsor

         8       of this bill.  And we're going to get it

         9       through the Assembly this year.  Senator Diaz

        10       and a few others are going to be working on

        11       that over there.

        12                  So this is a good piece of

        13       legislation, one that has allowed senior

        14       citizens to take courses at the State

        15       University on a space-available basis without

        16       charge.

        17                  It's a good piece of legislation.

        18       I thank my colleagues for supporting it.

        19                  THE PRESIDENT:    The Secretary

        20       will announce the results.

        21                  THE SECRETARY:    Ayes, 50.  Nays,

        22       1.  Senator Duane recorded in the negative.

        23                  THE PRESIDENT:    The bill is

        24       passed.

        25                  THE SECRETARY:    Calendar Number


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         1       50, by Senator Leibell, Senate Print 3593A, an

         2       act to amend the Retirement and Social

         3       Security Law, in relation to the employment of

         4       retired persons.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 2.  This

         8       act shall take effect immediately.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 51.

        12                  THE PRESIDENT:    The bill is

        13       passed.

        14                  THE SECRETARY:    Calendar Number

        15       51, by Senator Robach, Senate Print 4295, an

        16       act to amend the Civil Service Law, in

        17       relation to the appointment of members.

        18                  THE PRESIDENT:    Read the last

        19       section.

        20                  THE SECRETARY:    Section 2.  This

        21       act shall take effect immediately.

        22                  THE PRESIDENT:    Call the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 54.

        25                  THE PRESIDENT:    The bill is


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         1       passed.

         2                  THE SECRETARY:    Calendar Number

         3       52, by Senator Robach, Senate Print 4508, an

         4       act to amend the Civil Service Law, in

         5       relation to representation of public

         6       employees.

         7                  THE PRESIDENT:    Read the last

         8       section.

         9                  THE SECRETARY:    Section 2.  This

        10       act shall take effect immediately.

        11                  THE PRESIDENT:    Call the roll.

        12                  (The Secretary called the roll.)

        13                  THE SECRETARY:    Ayes, 54.  Nays,

        14       1.  Senator Meier recorded in the negative.

        15                  THE PRESIDENT:    The bill is

        16       passed.

        17                  THE SECRETARY:    Calendar Number

        18       53, by Senator Farley, Senate Print 6379, an

        19       act to amend Chapter 729 of the Laws of 1994,

        20       relating to affecting the health insurance

        21       benefits.

        22                  THE PRESIDENT:    Read the last

        23       section.

        24                  THE SECRETARY:    Section 2.  This

        25       act shall take effect May 15, 2006.


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         1                  THE PRESIDENT:    Call the roll.

         2                  (The Secretary called the roll.)

         3                  THE PRESIDENT:    Senator Farley,

         4       to explain your vote.

         5                  SENATOR FARLEY:    Thank you, Madam

         6       President.

         7                  This is another piece of very

         8       significant legislation.  It's the number-one

         9       priority of the New York State United

        10       Teachers.  It is a piece of legislation that

        11       protects all retired teachers that their

        12       health insurance benefits cannot be changed

        13       unless they do it for everybody.

        14                  It's a major piece of legislation.

        15       I would hope that it would be permanent, but

        16       this is a one-year extender.  We've done it

        17       every year.  It passes unanimously.  And it's

        18       very significant.

        19                  I only wish that -- and we're

        20       working on it, to do it for all public

        21       employees and not just teachers.  And that

        22       bill will be coming shortly.

        23                  Thank you, Madam President.

        24                  THE PRESIDENT:    You will be

        25       recorded as voting in the affirmative, Senator


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         1       Farley.

         2                  Senator Schneiderman, to explain

         3       injury vote.

         4                  SENATOR SCHNEIDERMAN:    Thank you,

         5       Madam President, to explain my vote.

         6                  I'd just like to echo one thing

         7       that Senator Farley, the sponsor, just

         8       mentioned.  This bill has passed the Assembly

         9       and the Senate, or a comparable bill,

        10       unanimously -- with no negative votes -- for

        11       12 years.

        12                  Ladies and gentlemen, let's not

        13       play games with our retirees.  Let's not keep

        14       this on the table.  Let's make this a

        15       permanent law so we can stop with the annual

        16       ritual.  It's nice to have a chapter on your

        17       wall every year for something.  Let's do

        18       something for the retirees to give them the

        19       security they deserve long-term.  Let's make

        20       this permanent.

        21                  I'm going to vote yes, but I concur

        22       in the sponsor's suggestion that it is time

        23       for us to make this permanent.

        24                  Thank you, Madam President.

        25                  THE PRESIDENT:    You will be


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         1       recorded as voting in the affirmative,

         2       Senator.

         3                  The Secretary will announce the

         4       results.

         5                  THE SECRETARY:    Ayes, 58.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  Senator Skelos, that completes the

         9       calendar.

        10                  SENATOR SKELOS:    Thank you, Madam

        11       President.  Is there any other business at the

        12       desk?

        13                  THE PRESIDENT:    No, there is not,

        14       Senator.

        15                  SENATOR SKELOS:    There being no

        16       further business to come before the Senate, I

        17       move we stand adjourned until Tuesday,

        18       January 31st, at 11:00 a.m.

        19                  THE PRESIDENT:    On motion, the

        20       Senate now stands adjourned until Tuesday,

        21       January 31st, 11:00 a.m.

        22                  (Whereupon, at 3:45 p.m., the

        23       Senate adjourned.)

        24

        25


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