Regular Session - February 28, 2006
1024
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 February 28, 2006
11 3:16 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: With us once
10 again this afternoon is the Reverend Peter G.
11 Young to give the invocation. As we all know
12 and respect, he is pastor of Blessed Sacrament
13 Church, in Bolton Landing, New York, as well
14 as a great friend and advisor to the New York
15 State Senate.
16 REVEREND YOUNG: God, by Your
17 love You made a world where we have become
18 neighbors to each other and we are enabled to
19 love one another. Grant that we too may use
20 the Senate to strive toward a way of life in
21 keeping with God's plan.
22 It is with great joy that we
23 welcome our neighbors from the north with our
24 Canadian cold front and low temperatures, and
25 with our New York State hospitality. We are
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1 blessed by their cooperative dedication to
2 assist with their love and friendship to all
3 of our New York State citizens.
4 THE PRESIDENT: Reading of the
5 Journal.
6 THE SECRETARY: In Senate,
7 Monday, February 27, the Senate met pursuant
8 to adjournment. The Journal of Friday,
9 February 24, was read and approved. On
10 motion, Senate adjourned.
11 THE PRESIDENT: Without
12 objection, the Journal stands approved as
13 read.
14 Presentation of petitions.
15 SENATOR SKELOS: Madam President.
16 THE PRESIDENT: Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 if I could interrupt and call an immediate
19 meeting of the Finance Committee in the
20 Majority Conference Room.
21 THE PRESIDENT: There will be an
22 immediate meeting of the Finance Committee in
23 the Majority Conference Room.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Little.
7 SENATOR LITTLE: Thank you, Madam
8 President.
9 Madam President, on page 8 I offer
10 the following amendments to Calendar Number
11 97, Senate Print Number 6417, and ask that
12 said bill return to its place on the Third
13 Reading Calendar.
14 THE PRESIDENT: The amendments
15 are received, and the bill will retain its
16 place on the Third Reading Calendar.
17 SENATOR LITTLE: Thank you.
18 THE PRESIDENT: Senator Duane.
19 SENATOR DUANE: Thank you, Madam
20 President.
21 On behalf of Senator Paterson, I
22 move that the following bill be discharged
23 from is respective committee and be
24 recommitted with instructions to strike the
25 enacting clause: 1571.
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1 THE PRESIDENT: So ordered.
2 SENATOR DUANE: Thank you.
3 THE PRESIDENT: Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 I believe there are substitutions to be made
6 at this time.
7 THE PRESIDENT: Yes, there are,
8 Senator.
9 The Secretary will read.
10 THE SECRETARY: On page 11,
11 Senator DeFrancisco moves to discharge, from
12 the Committee on Judiciary, Assembly Bill
13 Number 9455A and substitute it for the
14 identical Senate Bill Number 6315, Third
15 Reading Calendar 164.
16 And on page 23, Senator Meier moves
17 to discharge, from the Committee on Codes,
18 Assembly Bill Number 9835 and substitute it
19 for the identical Senate Bill Number 6621,
20 Third Reading Calendar 320.
21 THE PRESIDENT: Substitutions
22 ordered.
23 Senator Skelos.
24 SENATOR SKELOS: Madam President,
25 if we could adopt the Resolution Calendar,
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1 with the exception of Resolutions 3566 and
2 3691.
3 THE PRESIDENT: All in favor of
4 so adopting the Resolution Calendar please
5 signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The Resolution
10 Calendar is so adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Madam President,
13 there's a resolution at the desk by Senator
14 Larkin, Number 3566. If we could have the
15 title read and move for its immediate
16 adoption.
17 THE PRESIDENT: The Secretary
18 will read.
19 THE SECRETARY: By Senator
20 Larkin, Legislative Resolution Number 3566
21 commending the United Service Organizations,
22 the USO, upon the occasion of celebrating its
23 65th anniversary.
24 THE PRESIDENT: All in favor of
25 adopting the resolution please signify by
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1 saying aye.
2 (Response of "Aye.")
3 THE PRESIDENT: Opposed, nay.
4 (No response.)
5 THE PRESIDENT: The resolution is
6 adopted.
7 Senator Skelos.
8 SENATOR SKELOS: Senator Larkin
9 would like to open up the resolution for
10 sponsorship. If anybody wishes not to sponsor
11 the resolution, they should contact the desk.
12 THE PRESIDENT: Any member who
13 does not wish to cosponsor the last
14 resolution, please notify the desk.
15 Senator Skelos.
16 SENATOR SKELOS: And if we could
17 stand at ease pending the report of the
18 Finance Committee.
19 THE PRESIDENT: The Senate stands
20 at ease.
21 (Whereupon, the Senate stood at
22 ease at 3:21 p.m.)
23 (Whereupon, the Senate reconvened
24 at 3:33 p.m.)
25 ACTING PRESIDENT YOUNG: Senator
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1 Skelos.
2 SENATOR SKELOS: Madam President,
3 if we could return to motions and resolutions,
4 there's a Resolution 3691 at the desk, by
5 Senator Maziarz. Could we have it read in its
6 entirety and move for its immediate adoption.
7 ACTING PRESIDENT YOUNG: Could we
8 have some order, please.
9 The Secretary will read the
10 resolution.
11 THE SECRETARY: By Senator
12 Maziarz, Legislative Resolution Number 3691,
13 memorializing Governor George E. Pataki to
14 proclaim February 28, 2006, as Canada Day in
15 the State of New York.
16 "WHEREAS, Canada is New York's
17 primary export market, with $30.2 billion
18 worth of merchandise goods exchanged and
19 almost 23 percent of New York's worldwide
20 exports sold to Canada in 2004; 348,000
21 New York jobs are supported by Canada-U.S.
22 trade; and
23 "WHEREAS, New York and Canada share
24 several important national trade corridors,
25 including the Quebec-New York Corridor, the
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1 Capitol Corridor, and Continental One; in
2 addition, over 21 million vehicles crossed the
3 Canada-New York border at eight major
4 crossings in 2005; and
5 "WHEREAS, Canada and the United
6 States have recognized the critical national
7 significance of New York's border crossings
8 with Canada by investing over $340 million in
9 border infrastructure, including the Port of
10 Excellence under construction at Champlain,
11 New York, a new lane dedicated to
12 FAST-approved trucks at the Lewiston-Queenston
13 Bridge, the designation of the Whirlpool
14 Bridge exclusively for NEXUS travelers, plaza
15 reconfiguration at the Peace Bridge, and
16 announcement of land preclearance pilot
17 projects at both the Peace Bridge and the
18 Thousand Islands Bridge; and
19 "WHEREAS, The New York-Canada
20 partnership boasts the largest bilateral
21 tourism industry in the United States, with an
22 average of 11,343 visits per day accounting
23 for over $1 billion in expenditures in 2004;
24 and
25 "WHEREAS, Approximately 80 percent
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1 of New York's fresh surface water, over
2 700 miles of shoreline, and 40 percent of
3 New York's land expanding over 25 counties are
4 contained in the drainage basins of the Lower
5 Great Lakes waters of Lake Ontario, Lake Erie,
6 the Niagara and St. Lawrence Rivers, all
7 shared with Canada; furthermore, sustaining
8 life, providing recreation, and supporting
9 local and regional economies, the Great Lakes
10 are a true natural legacy to the people of
11 New York and its neighboring provinces in
12 Canada, Ontario and Quebec; and
13 "WHEREAS, Over 19 million
14 New Yorkers depend on Canada and its vast
15 energy reserves to fuel our state, importing
16 over $6.2 billion worth of energy from Canada
17 last year, including natural gas, petroleum
18 and electricity; and
19 "WHEREAS, There was a healthy and
20 balanced trade in agriculture and food
21 products between Canada and New York State of
22 well over $1.6 billion last year; and
23 "WHEREAS, Academic institutions in
24 both Canada and New York are actively engaged
25 in a number of linkages and partnerships,
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1 including exchange programs and joint degrees;
2 and
3 "WHEREAS, Both Canada and New York
4 State are also engaged in a number of
5 partnerships in various fields of innovative
6 technology which are laying the foundations
7 for our economic futures and mutual benefit;
8 and
9 "WHEREAS, Canada and New York share
10 many more deep economic, historical, cultural
11 and familial ties; now, therefore, be it
12 "RESOLVED, That this Legislative
13 Body pause in its deliberations to memorialize
14 Governor George E. Pataki to proclaim
15 February 28, 2006, as Canada Day in the State
16 of New York; and be it further
17 "RESOLVED, That copies of this
18 resolution, suitably engrossed, be transmitted
19 to The Honorable George E. Pataki, Governor of
20 the State of New York, and to the Canadian
21 Consulate Generals in Buffalo and New York
22 City."
23 ACTING PRESIDENT YOUNG: At this
24 time I recognize Senator Maziarz.
25 SENATOR MAZIARZ: Thank you very
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1 much, Madam President.
2 It's an honor for me to rise in
3 support of this resolution and ask that any of
4 my colleagues who want to sign on are
5 certainly welcome to do so.
6 As was pointed out in this
7 resolution, Madam President, the country of
8 Canada, where I have been privileged to live
9 on the border my entire life, is a great
10 friend of the United States of America and,
11 equally important, a great friend of the State
12 of New York.
13 In the resolution we talk about
14 trade and the value of our friendship and
15 education opportunities that are afforded in
16 Canada and United States for citizens of both
17 of our countries. But really, it's that
18 friendship going back hundreds of years
19 between our two countries that has existed and
20 will exist forever.
21 We are honored today to have Pamela
22 Wallin, the General Consul of Canada for
23 New York City, and Stephen Brereton, the
24 General Consul of Canada for Buffalo. And we
25 are also joined by Corporal Pat Simpson.
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1 Thank you for being here today.
2 (Applause.)
3 SENATOR MAZIARZ: Thank you for
4 being here today, and thank you for being such
5 a great friend to the State of New York.
6 Thank you.
7 Thank you, Madam President.
8 ACTING PRESIDENT YOUNG: Senator
9 Wright.
10 SENATOR WRIGHT: Thank you, Madam
11 President.
12 I quickly join, rise to join my
13 colleague Senator Maziarz and want to
14 recognize his recognition of our friends from
15 our northern neighbor.
16 My district, of course, also
17 borders Canada, and there's a great deal of
18 traffic back and forth on the Thousand Islands
19 International Bridge, and in fact it is the
20 only international authority that has a local
21 government, Jefferson County, partnered with a
22 nation, Canada.
23 So there are some unique
24 relationships between ourselves and Canada,
25 not to mention numerous Canadian citizens over
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1 the years who have settled, married, located
2 in our region of the state and are good,
3 productive members of our communities.
4 And that's why it's so important
5 that we speak out on the issue of homeland
6 security and identification as we go across
7 our borders. I know my colleague Senator
8 Balboni just last week was in Washington
9 speaking to that issue of homeland security
10 and our concerns about federal imposition of
11 passport standards or identification standards
12 that are unnecessary and inappropriate.
13 None of us want to compromise the
14 security of our borders, and we believe that
15 our Canadian friends feel equally as strong on
16 that same issue. But to impose this kind of
17 burden and expense upon family members that
18 for literally centuries have traveled back and
19 forth over this border to share holidays, to
20 share the commonality of our two nations is, I
21 feel, strongly inappropriate.
22 And we need to make sure that we
23 share that concern as two nations, that we
24 focus on the ability to provide appropriate
25 security but at the same time make sure that
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1 our government hears that imposing passports
2 and the costs involved with that are totally
3 inappropriate.
4 So I'm very glad to see our
5 Canadian friends here, I'm glad to see they're
6 nodding agreement with me, and look forward to
7 their return visit.
8 Thank you very much.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator Wright.
11 Senator Balboni.
12 SENATOR BALBONI: Thank you,
13 Madam President.
14 I rise to welcome the Canadians.
15 You're always here, though, so it kind of
16 feels funny to welcome you.
17 I have enjoyed many aspects of the
18 chairmanship of the Committee on Homeland
19 Security, but one of the highlights has been
20 the development of my relationship with the
21 Canadian government.
22 Particularly Pamela Wallin, you
23 have been such a terrific hostess every time.
24 You have brought either John Manley, from the
25 city, or all the different issues -- whether
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1 it was Washington, D.C. -- we've had such a
2 great dialogue and discussion.
3 And as Senator Wright and Senator
4 Volker and Senator Little and all of the
5 Senators and yourself, Madam President,
6 understand that our vitality as a nation is
7 linked with Canada's. As much as we might
8 want to just talk about, you know, we being
9 our own island, we are not. And it is through
10 partnerships with your nation that we will be
11 stronger and safer, as you will be also.
12 And it's something that I think is
13 so great for this Legislature to acknowledge,
14 to receive you, to work together and to
15 constantly remind ourselves that neighbors,
16 good neighbors are the best defense in any
17 society. And also cultural enrichment.
18 So I'd like to welcome you today.
19 I apologize, I will not be at Canada Night.
20 I'm leaving momentarily for Washington, D.C.,
21 to meet with the White House tomorrow morning
22 to again stress the fact that requiring
23 New Yorkers or, frankly, U.S. citizens to
24 spend more money, spend more money to go
25 across the border, when they have this whole
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1 new program on Real ID that should suffice, is
2 not the way we should be going.
3 So I look forward to meeting with
4 you again and working with you in the future.
5 And thanks so much for joining us.
6 Thank you, Madam President.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Balboni.
9 Senator Volker.
10 SENATOR VOLKER: Madam President,
11 I want to welcome the Canadian delegation here
12 also.
13 You just heard from the new breed
14 of New Yorker, Mike Balboni, who is on his way
15 to Washington. It took me years before I got
16 to the White House, and he's been here just a
17 couple of years and he gets to the White
18 House.
19 But anyways, let me just say --
20 (Laughter.)
21 SENATOR VOLKER: Let me just
22 seriously say to you that -- that's right. He
23 almost became Attorney General, by the way,
24 but that's another story.
25 (Laughter.)
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1 SENATOR VOLKER: But anyways, I
2 must say to you that I spent a great deal of
3 time in Canada in my younger years, when I
4 oversaw Energy. I spent a lot more time in
5 Quebec and up north. In the last few years,
6 I've spent a lot of time in Canada in the
7 north country, up far north, fishing and all
8 the rest of the things that Canada provides
9 for a lot of the citizens, not only of your
10 country but for our country also.
11 I do want to say that our
12 relationship with Canada has always been
13 excellent. I mean, many in the media have
14 tried to denigrate it, and I think it's too
15 bad. Because public officials, for instance,
16 we've been meeting with -- in our Western
17 New York delegation, we've been meeting with
18 public officials from Canada for, I don't
19 know, 15 or 20 years, easily. And we've
20 survived different governments, from Liberal
21 to Conservative and so forth, and we've always
22 had great relations.
23 And I thank the Canada government,
24 really, for your hospitality for so many
25 Americans in Canada. And we are happy to be
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1 your neighbor. It's, I think, the finest
2 border in the world. And the sad part of it
3 is that we have to even worry about these type
4 of things. And it has nothing to do with the
5 two countries; it has more to do,
6 unfortunately, with the situation in the rest
7 of the world, as we all know.
8 But thank you for coming here, and
9 thank you for being good neighbors, and thank
10 you for your hospitality to myself and to all
11 of us in New York.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Volker.
14 Senator Rath.
15 SENATOR RATH: Thank you, Madam
16 Chairman.
17 And welcome to our neighbors from
18 the north -- Steve, Pamela, Sergeant Preston.
19 No, not Sergeant Preston with his dog, King.
20 We were kind of joking about that, because we
21 have such a recollection, some of us who have
22 been watching and listening for so many years.
23 But it's just one other indication
24 of how warm and friendly our relationship has
25 been and how comfortable we have been with the
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1 Canadians, those of us in Western New York
2 particularly, going across the bridge for
3 lunch and coming back at 1 o'clock after
4 you've had lunch, it's -- you know, there's no
5 traffic in the bridge, it's easy. And that's
6 the way it's been, going back and forth, for
7 years.
8 And I want to assure you that I
9 know Senator Balboni, in his efforts, is going
10 to be doing everything he can. We will be
11 supporting him to make sure that we find some
12 way that the movement back and forth on those
13 bridges -- not only the Peace Bridge, but the
14 other ones across our border, and of course at
15 Watertown also -- are secure but are easy, not
16 only for the natives who go to hockey games,
17 of course, back and forth, as we all have
18 done, but to the tourist industry, which I am
19 so involved with as chair of the committee,
20 being New York State's number-two industry.
21 And much of it has to do with going
22 back and forth from Canada, your people, our
23 people. And we need to secure that and make
24 sure that we have safeguarded it.
25 Thank you for being here today. It
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1 shows your support of us and our institution,
2 just as we this evening and throughout the
3 future will be supportive of you all and your
4 institution.
5 Thank you.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Rath.
8 Senator Little.
9 SENATOR LITTLE: Thank you, Madam
10 President.
11 I too would like to join my
12 colleagues in welcoming our friends and
13 neighbors from the north. As a Senator who
14 represents a great deal of the Quebec-New York
15 corridor, I'm just more than happy to welcome
16 you here to our Capitol.
17 It's important, we know, that our
18 own communities have good relationships with
19 our neighbors. And it's even more important
20 on a global level to have good relationships
21 with our neighbors. And we all know that a
22 relationship such as the one we have with
23 Canada, built on trust and understanding,
24 respect and mutually shared interest, is one
25 that is guaranteed to ensure the best results
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1 of all.
2 In the 1960s the Adirondack
3 Northway was completed, connecting -- really
4 and truly connecting New York City and
5 Montreal, making it so easy to travel from one
6 place to another. And after that road was
7 developed, not only did people travel that
8 route, but businesses came from Canada to
9 America and vice versa, back and forth.
10 And as I have watched, as the
11 Senator from this area, I'm really proud of
12 the relationships and the development and the
13 business/economic development that we have
14 seen between our two countries, particularly
15 in the area I represent, to improve the lives
16 of Americans and lives of the Canadians that
17 live in this area.
18 So I'm very fortunate to have many
19 Canadian businesses who have a place in my
20 district -- Irving Tissue, in Ft. Edward, in
21 Washington County; Bombardier, in Plattsburgh,
22 just to name a few.
23 I also represent the City of
24 Plattsburgh, which is frequently identified as
25 a suburb of Montreal. And believe me, people
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1 in Plattsburgh easily go to Montreal for
2 dinner and back and forth. We are very proud
3 of the border crossing that is being
4 developed, the Champlain border crossing, well
5 over $100 million to make this one of the best
6 border crossings in the country.
7 It is so important to all of us,
8 the relationship and the friendship that we
9 have. And I look forward to continuing to
10 work with you and continuing to build upon
11 what so many people have built upon in the
12 past, creating this great relationship.
13 So thank you, and welcome.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Little.
16 Senator Padavan.
17 SENATOR PADAVAN: Yes, very
18 briefly, Madam President.
19 On a pleasant note, I'd like to
20 congratulate you on the wonderful showing of
21 your team in Torino, in the Winter Olympics.
22 I believe you broke a record this year in the
23 number of medals won, particularly by a very
24 fine young lady on skates.
25 And we look forward to the
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1 opportunity of being with you in Canada, in
2 Vancouver, in 2010.
3 ACTING PRESIDENT YOUNG: Thank
4 you, Senator Padavan.
5 The question is on the resolution.
6 All in favor signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT YOUNG: Opposed,
9 nay.
10 (No response.)
11 ACTING PRESIDENT YOUNG: The
12 resolution is adopted.
13 Senator Skelos.
14 SENATOR SKELOS: Madam President,
15 if we could open up to the resolution to
16 sponsorship. If anybody wishes not to sponsor
17 the resolution, they should notify the desk.
18 ACTING PRESIDENT YOUNG: Any
19 Senator not wishing to be on the resolution,
20 please notify the desk.
21 The resolution is adopted.
22 Senator Skelos.
23 SENATOR SKELOS: Madam President,
24 if we could return to reports of standing
25 committees, I believe there's a report of the
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1 Finance Committee at the desk. I ask that it
2 be read at this time.
3 ACTING PRESIDENT YOUNG: Reports
4 of standing committees.
5 The Secretary will read.
6 THE SECRETARY: Senator Johnson,
7 from the Committee on Finance, reports the
8 following bills direct to third reading:
9 Senate Print 6465, Senate Budget
10 Bill, an act to amend the Racing, Pari-Mutuel
11 Wagering and Breeding Law;
12 Senate Print 6466A, Senate Budget
13 Bill, an act to amend Chapter 55 of the Laws
14 of 2005;
15 And Senate Print 6806, by Senator
16 Robach, an act to amend the Retirement and
17 Social Security Law.
18 All bills ordered direct to third
19 reading.
20 ACTING PRESIDENT YOUNG: All
21 bills directly to third reading.
22 The Secretary will continue to
23 read.
24 THE SECRETARY: Senator Johnson,
25 from the Committee on Finance, reports the
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1 following nominations:
2 As trustees of the Power Authority
3 of the State of New York, Robert E. Moses, of
4 Marietta, and Thomas W. Scozzafava, of
5 Gouverneur.
6 ACTING PRESIDENT YOUNG: Senator
7 Johnson.
8 SENATOR JOHNSON: Move the
9 nominations.
10 ACTING PRESIDENT YOUNG: Senator
11 Wright.
12 SENATOR WRIGHT: Thank you, Madam
13 President.
14 I rise to second the nominations.
15 I want to commend the Governor on his
16 recommendation of two appointees to the Power
17 Authority: one, Mr. Moses, who represents
18 central New York; and another individual,
19 Mr. Scozzafava, who will represent northern
20 New York.
21 This will increase the capacity of
22 the Power Authority board of trustees as
23 called for in the Public Authorities Reform
24 Act that this Legislature enacted last year
25 and was signed into law. It also ensures that
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1 there is a broad geographic representation on
2 the trustees representing the many and diverse
3 interests of the State of New York within the
4 trustees.
5 So I want to commend the Governor
6 on his appointments, and I appreciate the
7 prompt action of the Finance Committee.
8 ACTING PRESIDENT YOUNG: Thank
9 you, Senator Wright.
10 The question is on the confirmation
11 of Robert E. Moses, of Marietta, and Thomas W.
12 Scozzafava, of Gouverneur, as trustees of the
13 Power Authority of the State of New York.
14 All in favor, aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT YOUNG: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT YOUNG: The
20 nominees are hereby confirmed.
21 Senator Skelos.
22 SENATOR SKELOS: Madam President,
23 I believe there's one more motion. Senator
24 Winner has a motion.
25 ACTING PRESIDENT YOUNG: Senator
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1 Winner.
2 SENATOR WINNER: Madam President,
3 on page 26 I offer the following amendments to
4 Calendar Number 347, Senate Print Number
5 2975A, and ask that the bill retain its place
6 on the Third Reading Calendar.
7 ACTING PRESIDENT YOUNG: The
8 amendments are received, and the bill will
9 retain its place on the Third Reading
10 Calendar.
11 Senator Skelos.
12 SENATOR SKELOS: If we could go
13 to the noncontroversial reading of the
14 calendar.
15 ACTING PRESIDENT YOUNG: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 113, by Senator Robach, Senate Print 6480, an
19 act to amend the Civil Service Law, in
20 relation to requiring annual reports.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 160, by Senator DeFrancisco, Senate Print
8 2150, an act to amend the Estates, Powers and
9 Trusts Law, in relation to revocatory effect.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57. Nays,
18 1. Senator Saland recorded in the negative.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 164, substituted earlier today by Member of
23 the Assembly Weinstein, Assembly Print Number
24 9455A, an act to amend the Estates, Powers and
25 Trusts Law.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 182, by Senator Robach, Senate Print 6476, an
13 act to amend the Civil Service Law, in
14 relation to the authority.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the same date and in
19 the same manner as Chapter 761 of the Laws of
20 2005.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 263, by Senator Little, Senate Print 730, an
4 act to amend the General Municipal Law, in
5 relation to procurement.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 269, by Senator Alesi, Senate Print --
18 SENATOR SKELOS: Lay it aside for
19 the day, please.
20 ACTING PRESIDENT YOUNG: The bill
21 is laid aside for the day.
22 THE SECRETARY: Calendar Number
23 270, by Senator Little, Senate Print 6286, an
24 act in relation to directing the Law Revision
25 Commission to make recommendations.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 274, by Senator Little, Senate Print 6547, an
13 act to amend the Local Finance Law, in
14 relation to temporary alternative methods.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 275, by Senator Marcellino, Senate Print 679,
2 an act to amend the Navigation Law, in
3 relation to providing an exemption.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 276, by Senator Wright, Senate Print 5940, an
16 act to amend the Parks, Recreation and
17 Historic Preservation Law, in relation to
18 providing.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 307, by Senator Larkin, Senate Print 78, an
6 act to amend the Civil Practice Law and Rules,
7 in relation to authorizing.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 58.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 309, by Senator Trunzo, Senate Print 150A, an
20 act to amend the Penal Law, in relation to the
21 unlawful sale of tobacco products to a child.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 311, by Senator Saland, Senate Print 312, an
9 act to amend the Penal Law, in relation to
10 including school buses.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of
15 September.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 314, by Senator Volker, Senate Print 777, an
24 act to amend the Penal Law, in relation to the
25 imposition of certain fees.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the same date as
5 Part F of Chapter 56 of the Laws of 2004.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 315, by Senator Padavan, Senate Print 1138, an
14 act to amend the Penal Law, in relation to the
15 disposal of allegedly stolen motor vehicles.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first of
20 November.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 320, substituted earlier today by Member of
4 the Assembly Destito, Assembly Print Number
5 9835, an act to amend the Penal Law, in
6 relation to riot in the first degree.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 322, by Senator Fuschillo, Senate Print 2222,
19 an act to amend the Civil Service Law, in
20 relation to the waiver of application fees.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 331, by Senator Saland, Senate Print 3680A, an
8 act to amend Chapter 472 of the Laws of 1998,
9 amending the Education Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 333, by Senator Morahan, Senate Print --
22 SENATOR SKELOS: Lay it aside for
23 the day, please.
24 ACTING PRESIDENT YOUNG: The bill
25 is laid aside for the day.
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1 That completes the reading of the
2 calendar.
3 SENATOR SKELOS: Thank you, Madam
4 President.
5 Is there any further business at
6 the desk?
7 ACTING PRESIDENT YOUNG: No,
8 there is not.
9 SENATOR SKELOS: If you would
10 recognize Senator Krueger.
11 ACTING PRESIDENT YOUNG: Senator
12 Krueger.
13 SENATOR LIZ KRUEGER: Thank you,
14 Madam President.
15 I believe I have a motion at the
16 desk, and I would like to have it called at
17 this time.
18 ACTING PRESIDENT YOUNG: The
19 Secretary will read.
20 THE SECRETARY: Senate Print
21 2293, by Senator Krueger, an act to amend the
22 Legislative Law.
23 ACTING PRESIDENT YOUNG: Senator
24 Krueger.
25 SENATOR LIZ KRUEGER: Thank you.
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1 I'd like to speak on my bill, which
2 would create a standing committee on
3 conferences.
4 In Senator Bruno's own website,
5 there's a statement that he has put in place
6 many legislative reforms, including the
7 creation of joint legislative conference
8 committees, which have successfully resolved
9 issues such as small city school district
10 budget voting, the creation of a pesticide use
11 registry for breast cancer research, and
12 requiring insurance coverage for a 48-hour
13 hospital stay for maternity.
14 I'm sure we're all very happy that
15 we had conference committees that resolved
16 differences between similar bills in the
17 Assembly and the Senate to ensure that those
18 three examples became law. Unfortunately,
19 there are too many examples of bills that pass
20 both houses year by year and are similar but
21 not same-as bills, and hence they don't become
22 law in this state.
23 With a bill that I hope we could
24 pass on the floor of this Senate, 2293, or a
25 variation on this bill, we could create
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1 standing committees on conference that would
2 consist of five Senators and five members of
3 the Assembly who could produce a single bill
4 and explanatory reports when each house has
5 passed separate bills accomplishing the same
6 purpose, what we refer to as similar but not
7 same-as bills.
8 Whenever the Legislature, either
9 house, passes a bill or a resolution that
10 contains substantially the same provisions of
11 law or accomplishes essentially the same
12 purpose as a bill or resolution that has
13 passed the other house, this ongoing standing
14 committee on conference could be called to
15 consider the bills, negotiate the differences,
16 and hopefully come to resolution so that there
17 could be same-as bills moved through both
18 houses.
19 To have legislation considered by a
20 committee currently requires that both the
21 Speaker of the Assembly and the Majority
22 Leader of the Senate calls for these
23 conference committees and creates them.
24 Under my legislation, either the
25 Assembly Speaker and the Majority Leader or
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1 the prime sponsor in both houses or the
2 committee chairs that deliberated the bills
3 could call for the conference committee of
4 both houses to come together, resolve
5 differences, hopefully, and move legislation
6 forward that both houses apparently have an
7 interest in and yet, year after year, without
8 these ongoing conference committees these
9 bills sit, never to be passed.
10 When measures are referred to the
11 committee, under my bill, the committee shall
12 meet within 10 days to negotiate any changes
13 necessary and issue a report on the bills
14 within 15 days after the referral. A report
15 would be filed with the Secretary of the
16 Senate and the Clerk of the Assembly which
17 would contain the conference bill with
18 agreed-upon text. The bills would then be
19 replaced on respective third reading calendars
20 for consideration by both houses.
21 Currently, conference committees
22 are only rarely utilized to harmonize similar
23 legislation that passes in each house. And as
24 a result, the responsibility for resolving
25 such issues fall informally to the sponsors,
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1 the leaders or their staffs, or some
2 combination thereof.
3 Under the system we have today, a
4 multitude of reasons often needlessly delay or
5 prevent passage of important legislation.
6 Even when compromise solutions are reached
7 under the current practice, it is often done
8 totally removed from the scrutiny of the
9 public and even the membership of both houses,
10 with amended bills being reported directly to
11 the floor of the Senate and Assembly without
12 committee review.
13 The proposal I am making for a
14 standing committee on conference is the model
15 that is used by the United States Congress and
16 45 of the 49 bicameral state legislatures.
17 It's an efficient and a democratic means of
18 dealing with differences over legislation
19 between two houses. The proposal I make today
20 is adapted from Rule 28 of the standing rules
21 of the United States Senate and is similar to
22 the rules governing conference committees in
23 most state legislatures.
24 And to further my argument for why
25 we would all be much happier if we had
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1 standing conference committees, unlike
2 Congress and many state legislatures, we year
3 after year move thousands of bills that never
4 go anywhere and we move hundreds of bills that
5 are similar but never reach same-as status.
6 From 1997 through the year 2001,
7 45,000 bills were introduced in the New York
8 State Assembly, 31,734 in the Senate. On
9 average during that period, each year the
10 Assembly and Senate passed only 2.29 percent
11 in the Assembly and 7.91 percent of the bills
12 in the Senate introduced each year.
13 Only 1.99 percent of the Assembly
14 bills and 7 percent of the Senate bills each
15 year were introduced into law during that
16 period. Only 7 percent of the bills in the
17 Senate were introduced into law.
18 In 2002, New York's enactment rate
19 of bills that move through the Legislature was
20 just 4.1 percent, higher than only two other
21 states -- New Jersey and North Carolina --
22 while the national average of moving bills
23 through both houses and into passage, the
24 national average during the same time was
25 28 percent.
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1 We could accomplish so much more if
2 we would have standing conference committees.
3 And whether we liked or didn't like individual
4 bills, the point is both houses in the
5 Legislature of New York State consistently
6 pass similar bills that aren't becoming law.
7 I would argue if we had conference
8 committees, a standing conference committee,
9 we would already have wetlands reform
10 legislation, we would have Article 10 energy
11 plant renewal legislation, we would have
12 mental health parity, Timothy's Law
13 legislation. We would probably be farther
14 down the road for fair funding of public
15 education throughout the State of New York.
16 We could even imagine having moved workers'
17 compensation and prevailing wage law.
18 It's a simple concept. It's a
19 concept that works in the U.S. Congress and in
20 the majority of the states in our nation. So
21 I am hoping that this year we will consider
22 moving forward with a bill that would create
23 standing conference committees and at the end
24 of this session we could all proudly say look
25 how many bills that we all cared about became
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1 the law of this state. So I hope my
2 colleagues will join me in voting for this
3 motion.
4 Thank you very much, Madam
5 President.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Krueger.
8 All those Senators in favor of the
9 petition out of committee please signify by
10 raising hands.
11 THE SECRETARY: Those recorded in
12 agreement are Senators Breslin, Connor, Diaz,
13 Duane, Gonzalez, Klein, L. Krueger,
14 Montgomery, Onorato, Parker, Paterson, Sabini,
15 Sampson, Savino, Serrano, A. Smith, Stavisky,
16 and Valesky.
17 ACTING PRESIDENT YOUNG: The
18 petition is not agreed to.
19 Senator Fuschillo.
20 SENATOR FUSCHILLO: Madam
21 President, there being no further business, I
22 move we adjourn until Wednesday, March 1st, at
23 11:00 a.m.
24 ACTING PRESIDENT YOUNG: On
25 motion, the Senate stands adjourned until
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1 Wednesday, March 1st, at 11:00 a.m.
2 (Whereupon, at 4:09 p.m., the
3 Senate adjourned.)
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