Regular Session - March 22, 2006

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    March 22, 2006

        11                      11:10 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                  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       Tuesday, March 21, the Senate met pursuant to

        18       adjournment.  The Journal of Monday, March 20,

        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 Fuschillo.

         8                  SENATOR FUSCHILLO:    Thank you,

         9       Madam President.

        10                  THE PRESIDENT:    You're welcome.

        11                  SENATOR FUSCHILLO:    On behalf of

        12       Senator Johnson, I wish to call up Senate

        13       Print 6450B, recalled from the Assembly, which

        14       is now at the desk.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    Calendar Number

        18       492, Senate Budget Bill, Senate Print 6450B,

        19       an act making appropriations for the support

        20       of government:  Public Protection and General

        21       Government Budget.

        22                  SENATOR FUSCHILLO:    I now move to

        23       reconsider the vote by which the bill was

        24       passed.

        25                  THE PRESIDENT:    The Secretary


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         1       will call the roll upon reconsideration.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 45.

         4                  SENATOR FUSCHILLO:    I now move to

         5       recommit the bill to the Committee on Finance.

         6                  THE PRESIDENT:    So ordered.

         7                  SENATOR FUSCHILLO:    Madam

         8       President, on behalf of Senator Johnson, I

         9       wish to call up Senate Print Number 6451,

        10       recalled from the Assembly, which is now at

        11       the desk.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    Calendar Number

        15       493, Senate Budget Bill, Senate Print 6451, an

        16       act making appropriations for the support of

        17       government:  Legislature and Judiciary Budget.

        18                  SENATOR FUSCHILLO:    I now move to

        19       reconsider the vote by which the bill was

        20       passed.

        21                  THE PRESIDENT:    The Secretary

        22       will call the roll upon reconsideration.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 50.

        25                  SENATOR FUSCHILLO:    I now move to


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         1       recommit the bill to the Committee on Finance.

         2                  THE PRESIDENT:    So ordered.

         3                  SENATOR FUSCHILLO:    Madam

         4       President, on behalf of Senator Johnson, I

         5       wish to call up Senate Print Number 6453B,

         6       recalled from the Assembly, which is now at

         7       the desk.

         8                  THE PRESIDENT:    The Secretary

         9       will read.

        10                  THE SECRETARY:    Calendar Number

        11       495, Senate Budget Bill, Senate Print 6453B,

        12       an act making appropriations for the support

        13       of government:  Education, Labor and Family

        14       Assistance Budget.

        15                  SENATOR FUSCHILLO:    I now move to

        16       reconsider the vote by which the bill was

        17       passed.

        18                  THE PRESIDENT:    The Secretary

        19       will call the roll upon reconsideration.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 50.

        22                  SENATOR FUSCHILLO:    I now move to

        23       recommit the bill to the Committee on Finance.

        24                  THE PRESIDENT:    So ordered.

        25                  SENATOR FUSCHILLO:    Madam


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         1       President, on behalf of Senator Johnson, I

         2       wish to call up Senate Print Number 6454B,

         3       recalled from the Assembly, which is now at

         4       the desk.

         5                  THE PRESIDENT:    The Secretary

         6       will read.

         7                  THE SECRETARY:    Calendar Number

         8       496, Senate Budget Bill, Senate Print 6454B,

         9       an act making appropriations for the support

        10       of government:  Health and Mental Hygiene

        11       Budget.

        12                  SENATOR FUSCHILLO:    I now move to

        13       reconsider the vote by which the bill was

        14       passed.

        15                  THE PRESIDENT:    The Secretary

        16       will call the roll upon reconsideration.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 50.

        19                  SENATOR FUSCHILLO:    I now move to

        20       recommit the bill to the Committee on Finance.

        21                  THE PRESIDENT:    So ordered.

        22                  SENATOR FUSCHILLO:    Madam

        23       President, on behalf of Senator Johnson, I

        24       wish to call up Senate Print Number 6455B,

        25       recalled from the Assembly, which is now at


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         1       the desk.

         2                  THE PRESIDENT:    The Secretary

         3       will read.

         4                  THE SECRETARY:    Calendar Number

         5       497, Senate Budget Bill, Senate Print 6455B,

         6       an act making appropriations for the support

         7       of government:  Transportation, Economic

         8       Development and Environmental Conservation

         9       Budget.

        10                  SENATOR FUSCHILLO:    I now move to

        11       reconsider the vote by which the bill was

        12       passed.

        13                  THE PRESIDENT:    The Secretary

        14       will call the roll upon reconsideration.

        15                  (The Secretary called the roll.)

        16                  THE SECRETARY:    Ayes, 50.

        17                  SENATOR FUSCHILLO:    I now move to

        18       recommit the bill to the Committee on Finance.

        19                  THE PRESIDENT:    So ordered.

        20                  SENATOR FUSCHILLO:    Madam

        21       President, on behalf of Senator Johnson, I

        22       wish to call up Senate Print Number 6456B,

        23       recalled from the Assembly, which is now at

        24       the desk.

        25                  THE PRESIDENT:    The Secretary


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         1       will read.

         2                  THE SECRETARY:    Calendar Number

         3       498, Senate Budget Bill, Senate Print 6456B,

         4       an act to amend the General Municipal Law and

         5       others.

         6                  SENATOR FUSCHILLO:    I now move to

         7       reconsider the vote by which the bill was

         8       passed.

         9                  THE PRESIDENT:    The Secretary

        10       will call the roll upon reconsideration.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 50.

        13                  SENATOR FUSCHILLO:    I now move to

        14       recommit the bill to the Committee on Finance.

        15                  THE PRESIDENT:    So ordered.

        16                  SENATOR FUSCHILLO:    Madam

        17       President, on behalf of Senator Johnson, I

        18       wish to call up Senate Print Number 6457B,

        19       recalled from the Assembly, which is now at

        20       the desk.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    Calendar Number

        24       499, Senate Budget Bill, Senate Print 6457B,

        25       an act to amend the Social Services Law and


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         1       others.

         2                  SENATOR FUSCHILLO:    I now move to

         3       reconsider the vote by which the bill was

         4       passed.

         5                  THE PRESIDENT:    The Secretary

         6       will call the roll upon reconsideration.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 51.

         9                  SENATOR FUSCHILLO:    I now move to

        10       recommit the bill to the Committee on Finance.

        11                  THE PRESIDENT:    So ordered.

        12                  SENATOR FUSCHILLO:    Madam

        13       President, on behalf of Senator Johnson, I

        14       wish to call up Senate Print Number 6458B,

        15       recalled from the Assembly, which is now at

        16       the desk.

        17                  THE PRESIDENT:    The Secretary

        18       will read.

        19                  THE SECRETARY:    Calendar Number

        20       500, Senate Budget Bill, Senate Print 6458B,

        21       an act to amend the Education Law.

        22                  SENATOR FUSCHILLO:    I now move to

        23       reconsider the vote by which the bill was

        24       passed.

        25                  THE PRESIDENT:    The Secretary


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         1       will call the roll upon reconsideration.

         2                  (The Secretary called the roll.)

         3                  THE SECRETARY:    Ayes, 51.

         4                  SENATOR FUSCHILLO:    I now move to

         5       recommit the bill to the Committee on Finance.

         6                  THE PRESIDENT:    So ordered.

         7                  SENATOR FUSCHILLO:    Madam

         8       President, on behalf of Senator Johnson, I

         9       wish to call up Senate Print Number 6459B,

        10       recalled from the Assembly, which is now at

        11       the desk.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    Calendar Number

        15       501, Senate Budget Bill, Senate Print 6459B,

        16       an act to amend the Environmental Conservation

        17       Law.

        18                  SENATOR FUSCHILLO:    I now move to

        19       reconsider the vote by which the bill was

        20       passed.

        21                  THE PRESIDENT:    The Secretary

        22       will call the roll upon reconsideration.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 51.

        25                  SENATOR FUSCHILLO:    I now move to


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         1       recommit the bill to the Committee on Finance.

         2                  THE PRESIDENT:    So ordered.

         3                  SENATOR FUSCHILLO:    Madam

         4       President, finally, I wish to call up Senate

         5       Print Number 6460B, recalled from the

         6       Assembly, which is now at the desk.

         7                  THE PRESIDENT:    The Secretary

         8       will read.

         9                  THE SECRETARY:    Calendar Number

        10       502, Senate Budget Bill, Senate Print 6460B,

        11       an act to amend the Real Property Tax Law.

        12                  SENATOR FUSCHILLO:    I now move to

        13       reconsider the vote by which the bill was

        14       passed.

        15                  THE PRESIDENT:    The Secretary

        16       will call the roll upon reconsideration.

        17                  (The Secretary called the roll.)

        18                  THE SECRETARY:    Ayes, 51.

        19                  SENATOR FUSCHILLO:    I now move to

        20       recommit the bill to the Committee on Finance.

        21                  THE PRESIDENT:    So ordered.

        22                  SENATOR FUSCHILLO:    Thank you.

        23                  THE PRESIDENT:    Senator Meier.

        24                  SENATOR MEIER:    Thank you, Madam

        25       President.


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         1                  On behalf of Senator Little, on

         2       page number 25 I offer the following

         3       amendments to Calendar Number 411, Senate

         4       Print 3376C, and ask that said bill retain its

         5       place on the Third Reading Calendar.

         6                  THE PRESIDENT:    The amendments

         7       are received.  The bill will retain its place

         8       on the Third Reading Calendar.

         9                  Senator Skelos.

        10                  SENATOR SKELOS:    Madam President,

        11       I believe there's a substitution at the desk,

        12       if we could make it at this time.

        13                  THE PRESIDENT:    Yes, there is.

        14                  The Secretary will read.

        15                  THE SECRETARY:    On page 25,

        16       Senator Skelos moves to discharge, from the

        17       Committee on Local Government, Assembly Bill

        18       Number 9853B and substitute it for the

        19       identical Senate Bill Number 6829A, Third

        20       Reading Calendar 419.

        21                  THE PRESIDENT:    Substitution

        22       ordered.

        23                  Senator Skelos.

        24                  SENATOR SKELOS:    Madam President,

        25       I have two resolutions at the desk, 4127 and


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         1       4128.  If we could have the titles read, and

         2       then I'd like to open them up for sponsorship.

         3                  THE PRESIDENT:    The Secretary

         4       will read.

         5                  THE SECRETARY:    By Senator

         6       Skelos, Legislative Resolution Number 4127,

         7       paying tribute to the memory of Master

         8       Sergeant Michael Henry Maltz upon the occasion

         9       of a memorial bench being dedicated in his

        10       honor on the boardwalk in Long Beach,

        11       New York.

        12                  And by Senator Skelos, Legislative

        13       Resolution Number 4128, paying tribute to the

        14       memory of Specialist Jacob Samuel Fletcher

        15       upon the occasion of a memorial bench being

        16       dedicated in his honor on the boardwalk in

        17       Long Beach, New York.

        18                  THE PRESIDENT:    All in favor of

        19       the resolutions please signify by saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The resolutions

        24       are adopted.

        25                  Senator Skelos.


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         1                  SENATOR SKELOS:    Yes.  If we

         2       could open them up again for cosponsorship.

         3       If anybody wishes not to sponsor them, they

         4       should notify the desk.

         5                  THE PRESIDENT:    Any member who

         6       did not wish to cosponsor the last two

         7       resolutions please notify the desk.

         8                  Senator Skelos.

         9                  SENATOR SKELOS:    Madam President,

        10       there's a Resolution 4148 at the desk, by

        11       Senator Parker.  Could we have the title read

        12       and move for its immediate adoption.

        13                  THE PRESIDENT:    The Secretary

        14       will read.

        15                  THE SECRETARY:    By Senator

        16       Parker, Legislative Resolution Number 4148,

        17       honoring Marietta Small upon the occasion of

        18       her retirement.

        19                  THE PRESIDENT:    All in favor of

        20       the resolution 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                  Senator Skelos.

         2                  SENATOR SKELOS:    Madam President,

         3       if we could go to the noncontroversial reading

         4       of the calendar.

         5                  THE PRESIDENT:    The Secretary

         6       will read.

         7                  THE SECRETARY:    Calendar Number

         8       189, by Senator Saland, Senate Print 471A, an

         9       act to amend the Social Services Law, in

        10       relation to abandoned infants.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 12.  This

        14       act shall take effect on the 60th day.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 53.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       190, by Senator Skelos, Senate Print 488A, an

        22       act to amend the Family Court Act and the

        23       Domestic Relations Law, in relation to

        24       abandoned infants.

        25                  THE PRESIDENT:    Read the last


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         1       section.

         2                  THE SECRETARY:    Section 10.  This

         3       act shall take effect on the 60th day.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 53.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       286, by Senator Maziarz, Senate Print 6641, an

        11       act to amend the Labor Law, in relation to

        12       contractors.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect on the 180th day.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 53.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       293, by Senator Winner, Senate Print --

        24                  SENATOR SKELOS:    Lay it aside for

        25       the day.


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         1                  THE PRESIDENT:    The bill is laid

         2       aside for the day.

         3                  THE SECRETARY:    Calendar Number

         4       414, by Senator Rath, Senate Print 5607, an

         5       act to amend the Real Property Tax Law, in

         6       relation to third-party notice.

         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, 53.

        14                  THE PRESIDENT:    The bill is

        15       passed.

        16                  THE SECRETARY:    Calendar Number

        17       418, by Senator Maziarz, Senate Print 6689A,

        18       an act to amend Chapter 712 of the Laws of

        19       1968, relating to the incorporation.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)


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         1                  THE SECRETARY:    Ayes, 53.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       419, substituted earlier today by Member of

         6       the Assembly DiNapoli, Assembly Print Number

         7       9853B, an act to amend the Real Property Tax

         8       Law.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect immediately.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 54.

        16                  THE PRESIDENT:    The bill is

        17       passed.

        18                  THE SECRETARY:    Calendar Number

        19       472, by Senator Maltese, Senate Print 6836, an

        20       act to amend the Civil Service Law, in

        21       relation to resolution.

        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, 54.

         4                  THE PRESIDENT:    The bill is

         5       passed.

         6                  THE SECRETARY:    Calendar Number

         7       509, by Senator Maziarz, Senate Print 1137, an

         8       act authorizing how certain casino revenue

         9       monies from the Seneca Niagara Casino shall be

        10       disbursed.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE PRESIDENT:    Senator Coppola,

        18       to explain your vote.

        19                  SENATOR COPPOLA:    Thank you,

        20       Madam President.

        21                  While I appreciate Senator Maziarz

        22       putting this bill before us today to release

        23       $1 million from the Niagara Casino share of

        24       the funding mechanism that has been put in

        25       place by this state, I would be remiss if I


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         1       didn't mention that there are other entities,

         2       such as the City of Niagara Falls, such as the

         3       school district, that have to date not

         4       received their fair share of the funds '04 and

         5       '05.

         6                  And as we know, in upstate New York

         7       there are many entities that are suffering,

         8       school districts, there are many cities

         9       suffering from the lack of funds.  And these

        10       casino revenues were meant to support those

        11       local entities.

        12                  So again, while I support the

        13       Convention and Tourism Bureau to get their

        14       funds, I would again be remiss not to mention

        15       that the Governor to date has not released the

        16       share to those other entities.  And I

        17       encourage and urge the Governor to release

        18       those funds so that some burden can be lifted

        19       from the taxpayers and that the benefits of

        20       the casino are realized in the City of Niagara

        21       Falls and the surrounding area.

        22                  Thank you very much, Madam

        23       President, and I vote yes.

        24                  THE PRESIDENT:    You will be so

        25       recorded as voting in the affirmative.


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         1                  The Secretary will announce the

         2       results.

         3                  THE SECRETARY:    Ayes, 54.  Nays,

         4       1.  Senator Padavan recorded in the negative.

         5                  THE PRESIDENT:    The bill is

         6       passed.

         7                  THE SECRETARY:    Calendar Number

         8       511, by Senator Larkin, Senate Print 2351, an

         9       act to amend the Racing, Pari-Mutuel Wagering

        10       and Breeding Law, in relation to free passes,

        11       cards or badges.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 4.  This

        15       act shall take effect immediately.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE PRESIDENT:    Senator Sabini,

        19       to explain your vote.

        20                  SENATOR SABINI:    Thank you, Madam

        21       President.

        22                  In explaining my vote, I wanted to

        23       mention that, in discussion with the sponsor

        24       and our chairman, that this bill will in no

        25       way obstruct the State Lobbying Commission's


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         1       ban on gifts to legislators, so I'll be voting

         2       in the affirmative.

         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, 54.  Nays,

         8       1.  Senator Padavan recorded in the negative.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       513, by Senator Bonacic, Senate Print 3346, an

        13       act to amend the Tax Law, in relation to

        14       issuance.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 2.  This

        18       act shall take effect immediately.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 53.  Nays,

        22       2.  Senators L. Krueger and Padavan recorded

        23       in the negative.

        24                  THE PRESIDENT:    The bill is

        25       passed.


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         1                  THE SECRETARY:    Calendar Number

         2       526, by Senator Bonacic, Senate Print 6531, an

         3       act to amend the Retirement and Social

         4       Security Law, in relation to benefits payable.

         5                  THE PRESIDENT:    Read the last

         6       section.

         7                  THE SECRETARY:    Section 3.  This

         8       act shall take effect on the 90th day.

         9                  THE PRESIDENT:    Call the roll.

        10                  (The Secretary called the roll.)

        11                  THE SECRETARY:    Ayes, 55.

        12                  THE PRESIDENT:    The bill is

        13       passed.

        14                  THE SECRETARY:    Calendar Number

        15       531, by Senator Rath, Senate Print 4939, an

        16       act to amend the Real Property Tax Law, in

        17       relation to third-party notice.

        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, 55.

        25                  THE PRESIDENT:    The bill is


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         1       passed.

         2                  THE SECRETARY:    Calendar Number

         3       532, by Senator Golden, Senate Print 5804, an

         4       act to amend the Social Services Law, in

         5       relation to requiring.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 55.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  Senator Skelos, that completes the

        16       reading of the calendar.

        17                  SENATOR SKELOS:    Thank you, Madam

        18       President.

        19                  Is there any further business at

        20       the desk?

        21                  THE PRESIDENT:    No, there isn't,

        22       Senator.

        23                  SENATOR SKELOS:    Would you please

        24       recognize Senator Klein.

        25                  THE PRESIDENT:    Senator Klein.


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         1                  SENATOR KLEIN:    Madam President,

         2       I believe there's a motion on the desk.  I ask

         3       that the reading be waived and I have the

         4       opportunity to speak on the said motion.

         5                  THE PRESIDENT:    The Secretary

         6       does need to read the petition, the motion.

         7                  The Secretary will read.

         8                  THE SECRETARY:    Senate Print

         9       5581, by Senator Klein, an act to amend the

        10       Public Health Law.

        11                  THE PRESIDENT:    Senator Klein.

        12                  SENATOR KLEIN:    This motion would

        13       actually sort of be an amendment to what we're

        14       already doing in the state of New York, where

        15       presently we can get price information on the

        16       Internet for prescription drug prices.

        17                  I conducted a study last year which

        18       showed the tremendous disparities in

        19       prescription drug prices, especially when it

        20       comes to chain-store pharmacies.  What we

        21       found was that time and time again,

        22       chain-store pharmacies are charging more money

        23       for the same exact prescription drug than

        24       independent pharmacies -- in some cases,

        25       anywhere from 25 to 50 percent more for the


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         1       same prescription drug, the same dosage.

         2                  We also found something that was a

         3       lot more frightening, that even within the

         4       same chain there's a disparity in prices.  In

         5       other words, you can go to one Eckerd

         6       drugstore or a Duane Reade drugstore and pay a

         7       different price according to where the

         8       chain-store pharmacy is located.  We also

         9       found a tremendous disparity between the

        10       individual chains.

        11                  So what in essence we're doing,

        12       we're forcing people, mainly senior citizens,

        13       to have to shop around.  And in many cases

        14       they can't do that, because their local

        15       pharmacy is the pharmacy that's nearest to

        16       them and charging such a ridiculous price.

        17                  I applaud the effort we made last

        18       year in a bipartisan fashion in having this

        19       information on the Internet.  But we have a

        20       problem.  Most senior citizens across the

        21       state of New York still don't use the

        22       Internet.  I'm always fond of going into

        23       senior centers and talking about this new law,

        24       and when I ask them to raise their hand, maybe

        25       three or four raise their hand, and I jokingly


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                                (518) 371-8910

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         1       tell them, "Well, you better get a 7-year-old

         2       to teach you how to use the Internet to be

         3       able to get your prescription drug prices."

         4                  So this legislation is very, very

         5       simple.  What it would do is, in addition to

         6       our Internet system that we presently have, it

         7       would create a 1-800 number where senior

         8       citizens or anyone can call and access that

         9       information.

        10                  I guarantee you, once we educate

        11       our constituency across the state of New York

        12       with the Internet, with this new 1-800 number,

        13       I guarantee you we're finally going to see the

        14       price of prescription drugs plummet throughout

        15       the state of New York.

        16                  So I urge passage of this

        17       amendment.

        18                  THE PRESIDENT:    All those

        19       Senators in favor of the petition out of

        20       committee please signify by raising your hand.

        21                  THE SECRETARY:    Those recorded in

        22       agreement are Senators Andrews, Breslin,

        23       Coppola, Diaz, Dilan, Gonzalez, Klein,

        24       C. Kruger, Montgomery, Onorato, Oppenheimer,

        25       Parker, Paterson, Sabini, Sampson, Savino,


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         1       Schneiderman, Serrano, A. Smith, M. Smith,

         2       Stachowski, Stavisky and Valesky.

         3                  THE PRESIDENT:    The petition is

         4       not agreed to.

         5                  Senator Skelos.

         6                  SENATOR SKELOS:    Madam President,

         7       there being no further business to come before

         8       the Senate, I move we stand adjourned until

         9       Monday, March 27th, at 3:00 p.m., intervening

        10       days being legislative days.

        11                  THE PRESIDENT:    On motion, the

        12       Senate now stands adjourned until Monday,

        13       March 27th, 3:00 p.m., intervening days being

        14       legislative days.

        15                  (Whereupon, at 11:31 a.m., the

        16       Senate adjourned.)

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                      Candyco Transcription Service, Inc.
                                (518) 371-8910