Regular Session - March 7, 2006
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 7, 2006
11 3:05 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
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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 Monday, March 6, the Senate met pursuant to
18 adjournment. The Journal of Sunday, March 5,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 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 I wish to call up Senator Robach's
11 bill, Senate Print 6806, recalled from the
12 Assembly, which is now at the desk.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 398, by Senator Robach, Senate Print 6806, an
17 act to amend the Retirement and Social
18 Security Law.
19 THE PRESIDENT: Senator Meier.
20 SENATOR MEIER: Madam President,
21 I now move to reconsider the vote by which
22 this bill was passed.
23 THE PRESIDENT: The Secretary
24 will call the roll upon reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 40.
2 THE PRESIDENT: Senator Meier.
3 SENATOR MEIER: Madam President,
4 I now offer the following amendments.
5 THE PRESIDENT: The amendments
6 are received.
7 Senator Meier.
8 SENATOR MEIER: Thank you, Madam
9 President.
10 On page number 26 I offer the
11 following amendments to Senator Young's bill,
12 Calendar Number 356, Senate Print 6269, and
13 ask that said bill retain its place on the
14 order of third reading.
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 Madam President, if I may, on
21 behalf of Senator Johnson, I move that the
22 following bills be discharged from their
23 respective committees and be recommitted with
24 instructions to strike the enacting clause:
25 Senate Prints 1409, 1410, and 2723.
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1 THE PRESIDENT: So ordered.
2 SENATOR MEIER: Thank you, Madam
3 President.
4 THE PRESIDENT: Senator Skelos.
5 SENATOR SKELOS: Madam President,
6 if we could adopt the Resolution Calendar,
7 with the exception of Resolution 3756.
8 THE PRESIDENT: All in favor of
9 so adopting the Resolution Calendar please
10 signify by saying aye.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed, nay.
13 (No response.)
14 THE PRESIDENT: The calendar is
15 so adopted.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 if we could take up Resolution 3756, by
19 Senator Winner, have the title read, and move
20 for its immediate adoption. And also Senator
21 Winner has indicated he'd like to open it for
22 cosponsorship.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: By Senator
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1 Winner, Legislative Resolution Number 3756,
2 memorializing Governor George E. Pataki to
3 proclaim March 7, 2006, as "Occupational
4 Health Awareness and Outreach Day" in the
5 State of New York.
6 THE PRESIDENT: All in favor of
7 the resolution please signify by saying aye.
8 (Response of "Aye.")
9 THE PRESIDENT: Opposed, nay.
10 (No response.)
11 THE PRESIDENT: The resolution is
12 adopted.
13 Any member who does not wish to
14 cosponsor the last resolution please notify
15 the desk.
16 Senator Skelos.
17 SENATOR SKELOS: Madam President,
18 I believe there are substitutions at the desk.
19 THE PRESIDENT: Yes, there are.
20 The Secretary will read.
21 THE SECRETARY: On page 15,
22 Senator Volker moves to discharge, from the
23 Committee on Civil Service and Pensions,
24 Assembly Bill Number 9653 and substitute it
25 for the identical Senate Bill Number 6317,
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1 Third Reading Calendar 180.
2 And on page 15, Senator Volker
3 moves to discharge, from the Committee on
4 Civil Service and Pensions, Assembly Bill
5 Number 9654, and substitute it for the
6 identical Senate Bill Number 6318, Third
7 Reading Calendar 181.
8 THE PRESIDENT: Substitutions
9 ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Madam President,
12 if we could go to the noncontroversial reading
13 of the calendar.
14 THE PRESIDENT: The Secretary
15 will read.
16 THE SECRETARY: Calendar Number
17 139, by Senator Robach, Senate Print 5171, an
18 act to amend the Penal Law, in relation to
19 criminally using drug paraphernalia.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of
24 November.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE PRESIDENT: Senator
3 Schneiderman, to explain your vote.
4 SENATOR SCHNEIDERMAN: Thank you,
5 Madam President.
6 Last year quite a few of us voted
7 against this piece of legislation because of
8 the process by which it came to the floor. It
9 was reported out of the Rules Committee on
10 June 7th and came to the floor for a vote on
11 June 8th. And I, among others, commented that
12 this was the kind of procedure that gives the
13 State Legislature a bad reputation in many
14 quarters of our state.
15 I'm pleased that this year the time
16 has been taken for it to go through the Codes
17 Committee and come to the floor in the
18 ordinary process. It's not so hard to do
19 things to give people a chance to consider
20 bills.
21 And I hope that the procedure by
22 which the bill came to the floor this year is
23 what we're going to be following in the
24 future, as opposed to the floor procedure that
25 brought it to us last year.
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1 I will be voting yes. Thank you,
2 Madam President.
3 THE PRESIDENT: You will be so
4 recorded as voting in the affirmative.
5 The Secretary will announce the
6 results.
7 THE SECRETARY: Ayes, 40.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 141, by Senator Padavan, Senate Print 6278, an
12 act to amend the Penal Law, in relation to the
13 seizure and forfeiture.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the first of
18 November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 40.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 142, by Senator Padavan, Senate Print 6279, an
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1 act to amend the Penal Law, in relation to
2 establishing.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 40.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 180, substituted earlier today by Member of
15 the Assembly Tokasz, Assembly Print Number
16 9653, an act to amend the Civil Service Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 40.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 181, substituted earlier today by Member of
3 the Assembly Tokasz, Assembly Print Number
4 9654, an act to amend the Civil Service Law.
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, 41.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 312, by Senator Marcellino, Senate Print 663,
16 an act to amend the Penal Law, in relation to
17 including.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of
22 November.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 41.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 323, by Senator Golden --
5 SENATOR SKELOS: Lay it aside for
6 the day.
7 THE PRESIDENT: The bill is laid
8 aside for the day.
9 THE SECRETARY: Calendar Number
10 325, by Senator Robach, Senate Print 3179, an
11 act to amend the Civil Service Law, in
12 relation to improper labor practices.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 41.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 351, by Senator LaValle, Senate Print 557, an
24 act to amend the Education Law, in relation to
25 inclusion.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 41. Nays,
8 1. Senator Connor recorded in the negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 354, by Senator Maziarz, Senate Print 208A, an
13 act to amend the Executive Law, in relation to
14 creating and authorizing.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 42.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 362, by Senator Spano, Senate Print 6700, an
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1 act to amend the Labor Law, in relation to the
2 standards of conduct.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 42.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 365, by Senator Little, Senate Print 722, an
14 act to amend the General City Law, the Town
15 Law, and the Village Law, in relation to
16 establishing.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 365 are
25 Senators LaValle, Leibell, Marcellino and
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1 Winner. Ayes, 40. Nays, 4.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 390, by Senator Seward, Senate Print 6420A, an
6 act to amend the Highway Law, in relation to
7 designating.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 44.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 392, by Senator Golden, Senate Print 4446, an
19 act to amend the Civil Service Law, in
20 relation to permitting the children of
21 firefighters.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 44.
4 THE PRESIDENT: The bill is
5 passed.
6 Senator Skelos, that completes the
7 reading of the calendar.
8 SENATOR SKELOS: Madam President,
9 is there any further business at the desk?
10 THE PRESIDENT: No, there isn't,
11 Senator.
12 SENATOR SKELOS: Would you please
13 recognize Senator Savino.
14 THE PRESIDENT: Senator Savino.
15 SENATOR SAVINO: Thank you. One
16 second, Madam President.
17 Madam President, I believe there's
18 a motion at the desk. I would ask that it be
19 read.
20 THE PRESIDENT: The Secretary
21 will read.
22 THE SECRETARY: Senate Print
23 5488, by Senator Savino, an act to amend
24 Chapter 677 of the Laws of 1977, amending the
25 Civil Service Law.
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1 THE PRESIDENT: Senator Savino.
2 SENATOR SAVINO: Thank you, Madam
3 President.
4 New York State's public employees
5 do the difficult job of keeping New York safe
6 and running. These employees are represented
7 by a number of unions, including the Civil
8 Service Employees Association, the Public
9 Employees Federation, Council 82 of AFSCME,
10 United University Professions, New York State
11 United Teachers, local police benevolent
12 associations, local firefighters unions,
13 District Council 37 in New York City, the
14 Communications Workers of America, the
15 Transport Workers Union, and others.
16 The agency fee provision of the
17 Public Employees Fair Employment Act, known as
18 the Taylor Law, was first enacted in 1977.
19 And that law requires public workers to pay
20 union dues whether they are members of the
21 union or not.
22 Because the Taylor Law requires
23 public employee unions to represent the
24 interests of every worker in its bargaining
25 unit equally, including both members and
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1 nonmembers, nonmembers have enjoyed the
2 increased wages, salaries, benefits and
3 protections and fringe benefits negotiated by
4 those respective unions.
5 This law, initially characterized
6 as an experiment in 1977, has been on the
7 books since then. I would suggest that
8 29 years as an experiment is enough time to
9 draw some conclusions as to whether or not the
10 experiment has worked. The Legislature has
11 extended this law every two years since it was
12 first enacted.
13 As a matter of fact, when I first
14 became a member of DC 37, I got on a bus one
15 day in 1992 and I came with dozens of other
16 members of DC 37 on our annual Lobby Day trip.
17 And one of the things we were coming to lobby
18 on, one of our legislative items, was
19 permanent agency shop. That was 14 years ago.
20 I took many Lobby Day trips coming
21 to Albany to talk about permanent agency shop.
22 And here I stand now, as a member of the
23 Legislature, and I'm still talking about
24 permanent agency shop.
25 Let's stop playing games. Let's
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1 make this law permanent. Making the agency
2 shop law permanent will send a strong message
3 to New York's public-sector unions that this
4 state's leaders are attentive to their issues
5 and understand the things that are important
6 to organized labor.
7 Thank you.
8 THE PRESIDENT: All in favor, all
9 Senators in favor of the petition please
10 signify by raising your hand.
11 THE SECRETARY: Those recorded in
12 agreement are Senators Breslin, Connor,
13 Coppola, Diaz, Dilan, Duane, Gonzalez, Klein,
14 L. Krueger, Montgomery, Onorato, Paterson,
15 Sabini, Sampson, Savino, Schneiderman,
16 A. Smith, M. Smith and Valesky.
17 THE PRESIDENT: The petition is
18 not agreed to.
19 Senator Skelos.
20 SENATOR SKELOS: Madam President,
21 there being no further business, I move we
22 stand adjourned until Wednesday, March 8th, at
23 11:00 a.m.
24 THE PRESIDENT: On motion, the
25 Senate now stands adjourned until Wednesday,
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1 March 8th, 11:00 a.m.
2 (Whereupon, at 3:21 p.m., the
3 Senate adjourned.)
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