Regular Session - June 19, 2006
4558
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 19, 2006
11 3:18 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 this
10 afternoon is the Reverend Peter G. Young, from
11 Blessed Sacrament Church in Bolton Landing,
12 New York.
13 REVEREND YOUNG: Let us pray.
14 Dear God, as we gather in this last
15 week of our Senate session, we reflect on our
16 accomplishments and know that with Your
17 guidance, O God, we will continue to serve our
18 New York State citizens with dedication and
19 commitment for their benefit.
20 Since we gathered in January, the
21 history books will evaluate these past six
22 months of legislation that offered our
23 citizens a voice of public opinion, that
24 represented all of our state's diversity of
25 opinions.
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1 But this week we conclude 50 years
2 of dedicated Senate public service of John
3 Marchi. This World War II veteran was
4 welcomed by his majority leader, Walter
5 Mahoney, and Governor Averill Harriman to the
6 Capitol, and he has served these years his
7 Staten Island constituency with great dignity
8 and our citizens of the state with honor.
9 We pray today for all of our
10 Senators, for their health and for their
11 public service and dedication.
12 Amen.
13 THE PRESIDENT: Reading of the
14 Journal.
15 THE SECRETARY: In Senate,
16 Sunday, June 18, the Senate met pursuant to
17 adjournment. The Journal of Saturday,
18 June 17, was read and approved. On motion,
19 Senate adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
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 Bonacic.
7 SENATOR BONACIC: Good afternoon,
8 Madam President.
9 THE PRESIDENT: Good afternoon,
10 Senator.
11 SENATOR BONACIC: Amendments are
12 offered to the following Third Reading
13 Calendar bills:
14 Senator Spano, page 22, Calendar
15 733, Senate Print Number 6703A.
16 THE PRESIDENT: The amendments
17 are received, and the bill will retain its
18 place on the Third Reading Calendar.
19 SENATOR BONACIC: Senator Hannon,
20 page 48, Calendar 1353, Senate Print Number
21 7494;
22 Senator Golden, page 64, Calendar
23 1744, Senate Print Number 7885B;
24 Senator Alesi, page 22, Calendar
25 Number 760, Senate Print Number 7001B;
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1 Senator Young, page 13, Calendar
2 Number 423, Senate Print Number 6265;
3 Senator Balboni, page 29, Calendar
4 924, Senate Print Number 7682;
5 Senator Farley, page 30, Calendar
6 Number 946, Senate Print Number 6683A;
7 Senator Volker, page 34, Calendar
8 Number 1049, Senate Print Number 7728;
9 Senator LaValle, page number 37,
10 Calendar Number 1124, Senate Print Number
11 2862C;
12 Senator Nozzolio, page 51, Calendar
13 Number 1412, Senate Print Number 6971;
14 Senator Balboni, page 53, Calendar
15 Number 1429, Senate Print Number 4495A;
16 Senator Padavan, page 61, Calendar
17 Number 1611, Senate Print Number 6719A;
18 Senator Marcellino, page 52,
19 Calendar Number 1416, Senate Print Number
20 7282;
21 Senator Flanagan, page 51, Calendar
22 Number 1413, Senate Print Number 7154A;
23 Senator Seward, page 46, Calendar
24 Number 1324, Senate Print Number 7899A;
25 Senator Wright, page 32, Calendar
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1 Number 997, Senate Print Number 3249B;
2 Senator Volker, page 41, Calendar
3 Number 1214, Senate Print Number 3824B.
4 Madam President, I now move that
5 these bills retain their place on the order of
6 third reading.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Bonacic.
9 The amendments are received, and
10 they will retain their place on the Third
11 Reading Calendar.
12 SENATOR BONACIC: Thank you.
13 ACTING PRESIDENT YOUNG: Senator
14 Nozzolio.
15 SENATOR NOZZOLIO: Thank you,
16 Madam President. Amendments are offered to
17 the following Third Reading Calendar bills:
18 On behalf of Senator Saland, page
19 number 15, Calendar Number 486, Senate Print
20 Number 6881A;
21 On behalf of Senator Winner, page
22 24, Calendar Number 805, Senate Print 2616;
23 On behalf of Senator Balboni, page
24 number 29, Calendar Number 925, Print Number
25 7709;
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1 On behalf of Senator Wright, page
2 34, Calendar Number 1044, Senate Print Number
3 5005E;
4 On behalf of Senator Alesi, page
5 number 36, Calendar Number 1097, Print Number
6 5000A;
7 On behalf of Senator LaValle, page
8 41, Calendar Number 1216, Print Number 5131;
9 On behalf of Senator Morahan, page
10 41, Calendar Number 1226, Print Number 4103A;
11 On behalf of Senator Bonacic, on
12 page 45, Calendar Number 1306, Senate Print
13 Number 7847;
14 On behalf of Senator Skelos, page
15 number 48, Calendar Number 1352, Senate Print
16 Number 7421A;
17 On behalf of Senator LaValle, page
18 number 57, Calendar Number 1498, Senate Print
19 Number 7081A;
20 On behalf of Senator Saland, page
21 number 58, Calendar Number 1522, Senate Print
22 Number 7392A;
23 On behalf of Senator Leibell, page
24 64, Calendar Number 1771, Senate Print Number
25 8114;
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1 On behalf of Senator Little, page
2 number 65, Calendar Number 1773, Senate Print
3 Number 8118;
4 On behalf of Senator Spano, page
5 67, Calendar Number 1802, Senate Print Number
6 6865;
7 And on behalf of Senator LaValle,
8 page number 70, Calendar Number 1832, Senate
9 Print Number 8129.
10 Madam President, I now move that
11 these bills retain their place on the order of
12 third reading.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Nozzolio.
15 The bills are received and will
16 retain their place on the Third Reading
17 Calendar.
18 Senator Wright.
19 SENATOR WRIGHT: Thank you, Madam
20 President.
21 On behalf of Senator Little, I wish
22 to call up Bill Print Number 6384, recalled
23 from the Assembly, which is now at the desk.
24 ACTING PRESIDENT YOUNG: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number
2 271, by Senator Little, Senate Print 6384, an
3 act in relation to creating the Dodge Library
4 District.
5 SENATOR WRIGHT: Madam President,
6 I now move to reconsider the vote by which
7 this bill was passed.
8 ACTING PRESIDENT YOUNG: Call the
9 roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 48.
12 SENATOR WRIGHT: Madam President,
13 I now offer the following amendments.
14 ACTING PRESIDENT YOUNG: The
15 amendments are received.
16 SENATOR WRIGHT: Madam President,
17 on behalf of Senator Alesi, I wish to call up
18 Bill Number 5023, having passed both houses
19 and not delivered to the Governor.
20 ACTING PRESIDENT YOUNG: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 327, by Senator Alesi, Senate Print 5023, an
24 act to amend the Retirement and Social
25 Security Law.
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1 SENATOR WRIGHT: Madam President,
2 I now move to reconsider the vote by which
3 this bill was passed and ask that the bill be
4 restored to the order of third reading.
5 ACTING PRESIDENT YOUNG: Call the
6 roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 48.
9 ACTING PRESIDENT YOUNG: Senator
10 Wright.
11 SENATOR WRIGHT: Madam President,
12 I now offer up the following amendments.
13 ACTING PRESIDENT YOUNG: The
14 amendments are received.
15 SENATOR WRIGHT: On behalf of
16 Senator Young, I wish to call up Print Number
17 568B, recalled from the Assembly, which is now
18 at the desk.
19 ACTING PRESIDENT YOUNG: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 334, by Senator Young, Senate Print 568B, an
23 act to amend the Alcoholic Beverage Control
24 Law.
25 SENATOR WRIGHT: Madam President,
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1 I now move to reconsider the vote by which
2 this bill was passed.
3 ACTING PRESIDENT YOUNG: Call the
4 roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 48.
7 SENATOR WRIGHT: Madam President,
8 I now offer the following amendments.
9 ACTING PRESIDENT YOUNG: The
10 amendments are received.
11 SENATOR WRIGHT: Madam President,
12 on behalf of Senator Young, I wish to call up
13 Print Number 6508, recalled from the Assembly,
14 which is now at the desk.
15 ACTING PRESIDENT YOUNG: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 343, by Senator Young, Senate Print 6508, an
19 act to amend the Tax Law.
20 SENATOR WRIGHT: Madam President,
21 I now move to reconsider the vote by which
22 this bill was passed.
23 ACTING PRESIDENT YOUNG: Call the
24 roll on reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 48.
2 SENATOR WRIGHT: Madam President,
3 I now offer the following amendments.
4 ACTING PRESIDENT YOUNG: The
5 amendments are received.
6 SENATOR WRIGHT: Madam President,
7 on behalf of Senator Winner, I wish to call up
8 Print Number 6767, recalled from the Assembly,
9 which is now at the desk.
10 ACTING PRESIDENT YOUNG: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 707, by Senator Winner, Senate Print 6767, an
14 act to amend the Agriculture and Markets Law.
15 SENATOR WRIGHT: Madam President,
16 I now move to reconsider the vote by which
17 this bill was passed.
18 ACTING PRESIDENT YOUNG: Call the
19 roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 51.
22 SENATOR WRIGHT: Madam President,
23 I now offer the following amendments.
24 ACTING PRESIDENT YOUNG: The
25 amendments are received.
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1 SENATOR WRIGHT: On behalf of
2 Senator Spano, I wish to call up Print Number
3 7318A, recalled from the Assembly, which is
4 now at the desk.
5 ACTING PRESIDENT YOUNG: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 752, by Senator Spano, Senate Print 7318A, an
9 act to amend the Labor Law.
10 SENATOR WRIGHT: Madam President,
11 I now move to reconsider the vote by which
12 this bill was passed.
13 ACTING PRESIDENT YOUNG: Call the
14 roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 51.
17 SENATOR WRIGHT: Madam President,
18 I now offer the following amendments.
19 ACTING PRESIDENT YOUNG: The
20 amendments are received.
21 SENATOR WRIGHT: Madam President,
22 on behalf of Senator Balboni, I wish to call
23 up Print Number 6822A, recalled from the
24 Assembly, which is now at the desk.
25 ACTING PRESIDENT YOUNG: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1003, by Senator Balboni, Senate Print 6822A,
4 an act to amend the Waterfront Commission Act.
5 SENATOR WRIGHT: Madam President,
6 I now move to reconsider the vote by which
7 this bill was passed.
8 ACTING PRESIDENT YOUNG: Call the
9 roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 51.
12 SENATOR WRIGHT: Madam President,
13 I now offer the following amendments.
14 ACTING PRESIDENT YOUNG: The
15 amendments are received.
16 SENATOR WRIGHT: Madam President,
17 on behalf of Senator Padavan, I wish to call
18 up Print Number 7109, recalled from the
19 Assembly, which is now at the desk.
20 ACTING PRESIDENT YOUNG: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 1004, by Senator Padavan, Senate Print 7109,
24 an act to amend the Waterfront Commission Act.
25 SENATOR WRIGHT: Madam President,
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1 I now move to reconsider the vote by which
2 this bill was passed.
3 ACTING PRESIDENT YOUNG: Call the
4 roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 51.
7 SENATOR WRIGHT: Madam President,
8 I now offer the following amendments.
9 ACTING PRESIDENT YOUNG: The
10 amendments are received.
11 SENATOR WRIGHT: Thank you.
12 ACTING PRESIDENT YOUNG: Senator
13 Fuschillo.
14 SENATOR FUSCHILLO: Thank you,
15 Madam President.
16 On behalf of Senator Leibell, I
17 wish to call up Senate Print Number 7181,
18 having passed both houses and not delivered to
19 the Governor.
20 ACTING PRESIDENT YOUNG: Thank
21 you, Senator Fuschillo.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1005, by Senator Leibell, Senate Print 7181,
25 an act to amend the Waterfront Commission Act.
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1 SENATOR FUSCHILLO: I now move to
2 reconsider the vote by which the bill was
3 passed and ask that said bill be restored to
4 the order of third reading.
5 ACTING PRESIDENT YOUNG: Call the
6 roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 51.
9 SENATOR FUSCHILLO: I now offer
10 up the following amendments.
11 ACTING PRESIDENT YOUNG: The
12 amendments are received.
13 SENATOR FUSCHILLO: On behalf of
14 Senator Saland, I wish to call up Senate Print
15 Number 6871, recalled from the Assembly, which
16 is now at the desk.
17 ACTING PRESIDENT YOUNG: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 1099, by Senator Saland, Senate Print 6871, an
21 act to amend the Criminal Procedure Law.
22 SENATOR FUSCHILLO: I now move to
23 reconsider the vote by which the bill was
24 passed.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll on reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 51.
4 SENATOR FUSCHILLO: I now offer
5 the following amendments.
6 ACTING PRESIDENT YOUNG: The
7 amendments are received.
8 SENATOR FUSCHILLO: Madam
9 President, on behalf of Senator Winner, I wish
10 to call up Senate Print 7246, recalled from
11 the Assembly, which is now at the desk.
12 ACTING PRESIDENT YOUNG: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1281, by Senator Winner, Senate Print 7246, an
16 act to authorize.
17 SENATOR FUSCHILLO: I now move to
18 reconsider the vote by which the bill was
19 passed.
20 ACTING PRESIDENT YOUNG: Call the
21 roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 51.
24 SENATOR FUSCHILLO: I now offer
25 the following amendments.
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1 ACTING PRESIDENT YOUNG: The
2 amendments are received.
3 SENATOR FUSCHILLO: On behalf of
4 Senator Winner, I wish to call up Senate Print
5 Number 6940, recalled from the Assembly, which
6 is now at the desk.
7 ACTING PRESIDENT YOUNG: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1410, by Senator Winner, Senate Print 6940, an
11 act to amend the Highway Law.
12 SENATOR FUSCHILLO: I now move to
13 reconsider the vote by which the bill was
14 passed.
15 ACTING PRESIDENT YOUNG: Call the
16 roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 51.
19 SENATOR FUSCHILLO: I now offer
20 the following amendments.
21 ACTING PRESIDENT YOUNG: The
22 amendments are received.
23 SENATOR FUSCHILLO: On behalf of
24 Senator Maziarz, I wish to call up Senate
25 Print Number 3335, having passed both houses
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1 and not delivered to the Governor.
2 ACTING PRESIDENT YOUNG: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1593, by Senator Maziarz, Senate Print 3335,
6 an act in relation to authorizing.
7 SENATOR FUSCHILLO: I now move to
8 reconsider the vote by which the bill was
9 passed and ask that the bill be restored to
10 the order of third reading.
11 ACTING PRESIDENT YOUNG: Call the
12 roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 51.
15 SENATOR FUSCHILLO: I now offer
16 up the following amendments.
17 ACTING PRESIDENT YOUNG: The
18 amendments are received.
19 SENATOR FUSCHILLO: On behalf of
20 Senator LaValle, I wish to call up Senate
21 Print Number 7405A, recalled from the
22 Assembly, which is now at the desk.
23 ACTING PRESIDENT YOUNG: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 1580, by Senator LaValle, Senate Print 7405A,
2 an act to amend the Education Law.
3 SENATOR FUSCHILLO: I now move to
4 reconsider the vote by which the bill was
5 passed.
6 ACTING PRESIDENT YOUNG: Call the
7 roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 51.
10 SENATOR FUSCHILLO: I now offer
11 the following amendments.
12 ACTING PRESIDENT YOUNG: The
13 amendments are received.
14 SENATOR FUSCHILLO: On behalf of
15 Senator Golden, I wish to call up Senate Print
16 Number 7505, recalled from the Assembly, which
17 is now at the desk.
18 ACTING PRESIDENT YOUNG: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 1718, by Senator Golden, Senate Print 7505, an
22 act to amend the General Municipal Law.
23 SENATOR FUSCHILLO: I now move to
24 reconsider the vote by which the bill was
25 passed.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 51.
5 SENATOR FUSCHILLO: I now offer
6 up the following amendments.
7 ACTING PRESIDENT YOUNG: The
8 amendments are received.
9 SENATOR FUSCHILLO: On behalf of
10 Senator Meier, I wish to call up Senate Print
11 Number 5392A, having passed both houses and
12 not delivered to the Governor.
13 ACTING PRESIDENT YOUNG: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 193, by Senator Meier, Senate Print 5392A, an
17 act to amend the Social Services Law.
18 SENATOR FUSCHILLO: I now move to
19 reconsider the vote by which the bill was
20 passed and ask that the bill be restored to
21 the order of third reading.
22 ACTING PRESIDENT YOUNG: Call the
23 roll on reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 51.
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1 SENATOR FUSCHILLO: I now offer
2 up the following amendments.
3 ACTING PRESIDENT YOUNG: The
4 amendments are received.
5 SENATOR FUSCHILLO: On behalf of
6 Senator Meier, I wish to call up Senate Print
7 Number 5393, having passed both houses and not
8 delivered to the Governor.
9 ACTING PRESIDENT YOUNG: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 194, by Senator Meier, Senate Print 5393, an
13 act to amend the Family Court Act.
14 SENATOR FUSCHILLO: I now move to
15 reconsider the vote by which the bill was
16 passed and ask that the bill be restored to
17 the order of third reading.
18 ACTING PRESIDENT YOUNG: Call the
19 roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 52.
22 SENATOR FUSCHILLO: I now offer
23 up the following amendments.
24 ACTING PRESIDENT YOUNG: The
25 amendments are received.
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1 SENATOR FUSCHILLO: On behalf of
2 Senator Seward, I wish to call up Senate Print
3 Number 6887, recalled from the Assembly, which
4 is now at the desk.
5 ACTING PRESIDENT YOUNG: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 507, by Senator Seward, Senate Print 6887, an
9 act to amend the Insurance Law.
10 SENATOR FUSCHILLO: I now move to
11 reconsider the vote by which the bill was
12 passed.
13 ACTING PRESIDENT YOUNG: Call the
14 roll on reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 52.
17 SENATOR FUSCHILLO: I now offer
18 the following amendments.
19 ACTING PRESIDENT YOUNG: The
20 amendments are received.
21 SENATOR FUSCHILLO: Madam
22 President, are there any substitutions at the
23 desk?
24 ACTING PRESIDENT YOUNG: Yes,
25 there are, Senator Fuschillo.
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1 The Secretary will read.
2 THE SECRETARY: On page 5,
3 Senator Volker moves to discharge, from the
4 Committee on Rules, Assembly Bill Number 6027
5 and substitute it for the identical Senate
6 Bill Number 6348, Third Reading Calendar 146.
7 On page 13, Senator Little moves to
8 discharge, from the Committee on Local
9 Government, Assembly Bill Number 393 and
10 substitute it for the identical Senate Bill
11 Number 726, Third Reading Calendar 409.
12 On page 16, Senator Saland moves to
13 discharge, from the Committee on Local
14 Government, Assembly Bill Number 949A and
15 substitute it for the identical Senate Bill
16 Number 6383, Third Reading Calendar 544.
17 On page 20, Senator Maltese moves
18 to discharge, from the Committee on
19 Transportation, Assembly Bill Number 5778 and
20 substitute it for the identical Senate Bill
21 Number 2939, Third Reading Calendar 664.
22 On page 33, Senator Bonacic moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 8155A and substitute it
25 for the identical Senate Bill Number 7324,
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1 Third Reading Calendar 1029.
2 On page 45, Senator Maltese moves
3 to discharge, from the Committee on Veterans,
4 Homeland Security and Military Affairs,
5 Assembly Bill Number 9650 and substitute it
6 for the identical Senate Bill Number 7416,
7 Third Reading Calendar 1300.
8 On page 53, Senator Maltese moves
9 to discharge, from the Committee on Civil
10 Service and Pensions, Assembly Bill Number
11 7054A and substitute it for the identical
12 Senate Bill Number 4030A, Third Reading
13 Calendar 1437.
14 On page 54, Senator Robach moves to
15 discharge, from the Committee on Civil Service
16 and Pensions, Assembly Bill Number 5427A and
17 substitute it for the identical Senate Bill
18 Number 4414A, Third Reading Calendar 1458.
19 On page 61, Senator Winner moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 10331 and substitute it
22 for the identical Senate Bill Number 7023,
23 Third Reading Calendar 1634.
24 And on page 63, Senator Winner
25 moves to discharge, from the Committee on
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1 Rules, Assembly Bill Number 10242B and
2 substitute it for the identical Senate Bill
3 Number 7004A, Third Reading Calendar 1713.
4 ACTING PRESIDENT YOUNG:
5 Substitutions ordered.
6 Senator Fuschillo.
7 SENATOR FUSCHILLO: Madam
8 President, may we please have the reading of
9 the noncontroversial calendar.
10 ACTING PRESIDENT YOUNG: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 18, by Senator Volker, Senate Print 6277B, an
14 act to amend the Penal Law and others.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 30. This
18 act shall take effect on the first of
19 November.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Announce
24 the results.
25 THE SECRETARY: Ayes, 52.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 45, by Senator Fuschillo, Senate Print 785B,
5 an act to amend the Tax Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 7. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT YOUNG: Announce
14 the results.
15 THE SECRETARY: Ayes, 52.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 146, substituted earlier by Member of the
20 Assembly Ramos, Assembly Print Number 6027, an
21 act to amend the Penal Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 51. Nays,
8 1. Senator Maziarz recorded in the negative.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 323, by Senator Golden, Senate Print 3078A, an
13 act to amend the Civil Service Law.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT YOUNG: Announce
22 the results.
23 THE SECRETARY: Ayes, 52.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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4586
1 THE SECRETARY: Calendar Number
2 349, by Senator Morahan, Senate Print 5340A,
3 an act to amend the Mental Hygiene Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT YOUNG: Announce
12 the results.
13 THE SECRETARY: Ayes, 52.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 409, substituted earlier by Member of the
18 Assembly Gunther, Assembly Print Number 393,
19 an act to amend the Real Property Tax Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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4587
1 (The Secretary called the roll.)
2 ACTING PRESIDENT YOUNG: Announce
3 the results.
4 THE SECRETARY: Ayes, 52.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 426, by Senator Maltese, Senate Print 5589A,
9 an act to amend the Administrative Code of the
10 City of New York.
11 ACTING PRESIDENT YOUNG: There is
12 a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Announce
20 the results.
21 THE SECRETARY: Ayes, 52.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 469, by Senator --
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4588
1 SENATOR HASSELL-THOMPSON: Lay it
2 aside.
3 ACTING PRESIDENT YOUNG: The bill
4 is laid aside.
5 THE SECRETARY: Calendar Number
6 508, by Senator Marchi, Senate Print 6899, an
7 act to amend Chapter 697 of the Laws of 2004.
8 ACTING PRESIDENT YOUNG: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT YOUNG: Announce
17 the results.
18 THE SECRETARY: Ayes, 52.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 524, by Senator Golden, Senate Print 4458D, an
23 act to amend the General Municipal Law.
24 ACTING PRESIDENT YOUNG: There is
25 a home-rule message at the desk.
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4589
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT YOUNG: Announce
8 the results.
9 THE SECRETARY: Ayes, 52.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 528, by Senator Golden, Senate Print 6773, an
14 act to amend the Civil Service Law.
15 ACTING PRESIDENT YOUNG: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Announce
24 the results.
25 THE SECRETARY: Ayes, 52.
Candyco Transcription Service, Inc.
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4590
1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 544, substituted earlier today by Member of
5 the Assembly Tokasz, Assembly Print Number
6 949A, an act to amend the Real Property Tax
7 Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect July 1, 2006.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT YOUNG: Announce
16 the results.
17 THE SECRETARY: Ayes, 51. Nays,
18 1. Senator LaValle recorded in the negative.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 664, substituted earlier today by Member of
23 the Assembly McLaughlin, Assembly Print Number
24 5778, an act to amend the Vehicle and Traffic
25 Law.
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4591
1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first of
5 November.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 52.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 725, by Senator Johnson, Senate Print 6851A,
16 an act to authorize.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT YOUNG: Announce
25 the results.
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4592
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 725 are
3 Senators Bonacic and Rath.
4 Ayes, 50. Nays, 2.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 737, by Senator Meier, Senate Print 7042A, an
9 act to amend the Social Services Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 120th day.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 52.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 748, by Senator Golden, Senate Print 7239A, an
24 act to amend the Administrative Code of the
25 City of New York.
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4593
1 ACTING PRESIDENT YOUNG: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 13. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 52.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 788, by Senator Marcellino, Senate Print
16 6862A, an act to authorize Pederson-Krag
17 Center of New York.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Announce
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4594
1 the results.
2 THE SECRETARY: Ayes, 51. Nays,
3 1. Senator Bonacic recorded in the negative.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 863, by Senator Balboni, Senate Print 7358B,
8 an act to amend the Environmental Conservation
9 Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 51. Nays,
20 1. Senator Duane recorded in the negative.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 888, by Senator Golden, Senate Print 1823A, an
25 act to amend the Penal Law.
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4595
1 SENATOR SABINI: Lay it aside.
2 ACTING PRESIDENT YOUNG: The bill
3 is laid aside.
4 THE SECRETARY: Calendar Number
5 905, by Senator Volker, Senate Print 6753A, an
6 act to amend the Civil Practice Law and Rules.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT YOUNG: Announce
15 the results.
16 THE SECRETARY: Ayes, 52.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 923, by Senator Balboni, Senate Print 7681A,
21 an act to amend the Executive Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect one year after it shall
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4596
1 have become a law.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 52.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 930, by Senator Maltese, Senate Print 7417, an
12 act to amend the Civil Service Law.
13 ACTING PRESIDENT YOUNG: There is
14 a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT YOUNG: The
22 Secretary will announce the results.
23 THE SECRETARY: Ayes, 53.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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4597
1 THE SECRETARY: Calendar Number
2 941, by Senator Spano, Senate Print 5343A, an
3 act to amend the Alcoholic Beverage Control
4 Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 941 are
16 Senators Duane, Fuschillo, LaValle,
17 Marcellino, Padavan, Saland, Savino and
18 Wright.
19 Ayes, 45. Nays, 8.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 947, by Senator Wright, Senate Print 6855, an
24 act in relation to authorizing.
25 ACTING PRESIDENT YOUNG: Read the
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4598
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT YOUNG: Announce
8 the results.
9 THE SECRETARY: Ayes, 53.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 968, by Senator Wright, Senate Print 4487B, an
14 act to amend the General Municipal Law.
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 ACTING PRESIDENT YOUNG: Announce
23 the results.
24 THE SECRETARY: Ayes, 53.
25 ACTING PRESIDENT YOUNG: The bill
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4599
1 is passed.
2 THE SECRETARY: Calendar Number
3 982, by Senator Balboni, Senate Print 7266A,
4 an act to authorize.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 982 are
16 Senators Bonacic, Larkin and Rath.
17 Ayes, 51. Nays, 3.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 986, by Senator Fuschillo, Senate Print 7556B,
22 an act to authorize.
23 ACTING PRESIDENT YOUNG: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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4600
1 act shall take effect immediately.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 986 are
9 Senators Bonacic, Larkin and Rath.
10 Ayes, 51. Nays, 3.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 992, by Senator Flanagan, Senate Print 5109D,
15 an act to amend the Parks, Recreation and
16 Historic Preservation Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT YOUNG: Announce
25 the results.
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4601
1 THE SECRETARY: Ayes, 54.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1029, substituted earlier today by Member of
6 the Assembly Koon, Assembly Print Number
7 8155A, an act to amend the Public Health Law.
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 ACTING PRESIDENT YOUNG: Announce
16 the results.
17 THE SECRETARY: Ayes, 54.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1069, by Senator Volker, Senate Print 7231A,
22 an act to amend the Public Authorities Law.
23 ACTING PRESIDENT YOUNG: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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4602
1 act shall take effect immediately.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 54.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1084, by Senator Golden, Senate Print 7840, an
12 act to amend the Administrative Code of the
13 City of New York.
14 ACTING PRESIDENT YOUNG: There is
15 a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 22. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT YOUNG: Announce
23 the results.
24 THE SECRETARY: Ayes, 54.
25 ACTING PRESIDENT YOUNG: The bill
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4603
1 is passed.
2 THE SECRETARY: Calendar Number
3 1101, by Senator Spano --
4 SENATOR HASSELL-THOMPSON: Lay it
5 aside.
6 ACTING PRESIDENT YOUNG: The bill
7 is laid aside.
8 THE SECRETARY: Calendar Number
9 1253, by Senator Robach, Senate Print 3065D,
10 an act to amend the Retirement and Social
11 Security Law.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Announce
20 the results.
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1300, substituted earlier today by Member of
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4604
1 the Assembly Sweeney, Assembly Print Number
2 9650, an act to amend the Education Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1301, by Senator Maltese, Senate Print 7677A,
17 an act to amend the Education Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 60th day.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Announce
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4605
1 the results.
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1336, by Senator Maltese, Senate Print 6299A,
7 an act to amend the General Municipal Law.
8 ACTING PRESIDENT YOUNG: There is
9 a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT YOUNG: Announce
17 the results.
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1343, by the Senate Committee on Rules, Senate
23 Print Number 7920A, an act to authorize the
24 City of New York.
25 ACTING PRESIDENT YOUNG: There is
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4606
1 a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 5. 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, 55.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1396, by Senator LaValle, Senate Print 7356,
13 an act to amend the Criminal Procedure Law.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT YOUNG: Announce
22 the results.
23 THE SECRETARY: Ayes, 54. Nays,
24 1. Senator Duane recorded in the negative.
25 ACTING PRESIDENT YOUNG: The bill
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4607
1 is passed.
2 THE SECRETARY: Calendar Number
3 1407, by Senator Marchi, Senate Print 6332B,
4 an act to amend the Highway Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1409, by Senator Volker, Senate Print 6748A,
19 an act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 180th day.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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4608
1 (The Secretary called the roll.)
2 ACTING PRESIDENT YOUNG: Announce
3 the results.
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1426, by Senator LaValle, Senate Print 3113B,
9 an act to amend the Vehicle and Traffic Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1437, substituted earlier today by Member of
24 the Assembly Abbate, Assembly Print Number
25 7054A, an act to amend the Retirement and
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4609
1 Social Security Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 55.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1458, substituted earlier today by Member of
16 the Assembly Abbate, Assembly Print Number
17 5427A, an act to amend the Retirement and
18 Social Security Law.
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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4610
1 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1465, by Senator Golden, Senate Print 7507, an
8 act to amend the Retirement and Social
9 Security Law and the Administrative Code of
10 the City of New York.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 10. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1468, by Senator Golden, Senate Print 7853A,
25 an act to amend the Retirement and Social
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4611
1 Security Law.
2 ACTING PRESIDENT YOUNG: There is
3 a home-rule message at the desk.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1483, by the Senate Committee on Rules, Senate
17 Print Number 7864A, an act to amend Chapter
18 757 of the Laws of 2005.
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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4612
1 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1495, by Senator Morahan, Senate Print 5859A,
8 an act to authorize the Commissioner of
9 General Services.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1500, by Member of the Assembly Destito --
24 SENATOR HASSELL-THOMPSON: Lay it
25 aside.
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4613
1 ACTING PRESIDENT YOUNG: The bill
2 is laid aside.
3 THE SECRETARY: Calendar Number
4 1503, by Senator LaValle, Senate Print 7690A,
5 an act to amend the Alcoholic Beverage Control
6 Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT YOUNG: Announce
15 the results.
16 THE SECRETARY: Ayes, 55.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1525, by Senator Skelos --
21 SENATOR FUSCHILLO: Lay it aside
22 for the day.
23 ACTING PRESIDENT YOUNG: The bill
24 is laid aside for the day.
25 THE SECRETARY: Calendar Number
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4614
1 1551, by Senator Spano, Senate Print 7803, an
2 act to amend the Navigation Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect January 1, 2007.
7 SENATOR MONTGOMERY: Madam
8 President, to explain my vote.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Senator
13 Montgomery.
14 SENATOR MONTGOMERY: Yes, I'm
15 enthusiastically supporting this legislation.
16 And I note in the sponsor's memo
17 that this increase in pilotage rates will
18 allow the pilots to be able to recruit and
19 train new pilots.
20 And I also see that there are
21 currently eight pilots licensed for the Hudson
22 River. One of these pilots is eligible for
23 retirement next year, and two others will be
24 eligible in 2007 and 2009, respectively.
25 There is only one pilot in training to replace
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1 retiring pilots.
2 So we have a very serious
3 situation, obviously, Madam President. And in
4 fact, we need to be doing much more to make
5 sure, because I consider these pilots the
6 first line of defense in terms of the safety
7 of our ports.
8 So I'm very enthusiastic about it,
9 and I hope that we can pay much more attention
10 to this situation, because we could be facing
11 a very serious problem as it relates to the
12 security of our ports.
13 Thank you, Madam President.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Montgomery. You will be recorded
16 in the affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1560, by Senator Farley --
23 SENATOR FUSCHILLO: Lay it aside
24 for the day.
25 ACTING PRESIDENT YOUNG: The bill
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1 is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 1561, by Senator Saland, Senate Print 7335B,
4 an act to require the Superintendent of Banks.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1564, by Senator Farley, Senate Print 7525A,
19 an act to amend the Banking Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT YOUNG: Announce
3 the results.
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1566, by Senator LaValle, Senate Print 839A,
9 an act to amend the Education Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of July.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1569, by Senator Larkin, Senate Print 3243A,
24 an act to amend the Education Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT YOUNG: Announce
8 the results.
9 THE SECRETARY: Ayes, 54. Nays,
10 1. Senator Marcellino recorded in the
11 negative.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1577, by Senator LaValle, Senate Print 561B,
16 an act to amend the Education Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of
21 September.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Senator
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1 Duane, to explain his vote.
2 SENATOR DUANE: Thank you, Madam
3 President.
4 I want to point out to my
5 colleagues on both sides of the aisle that
6 there is no minority party representation, and
7 oddly and inexcusably there are two
8 appointments by the Speaker of the Assembly
9 and two appointments by the Majority Leader of
10 the Senate.
11 So not only is this just bad from a
12 policy point of view and certainly doesn't
13 represent the best in bipartisan work that we
14 should be doing here, but it's even more
15 egregious because both of the two majority
16 party leaders get to appoint two members each.
17 So I would encourage my colleagues
18 on both sides of the aisle -- but I have a
19 feeling this is particularly for this side of
20 the aisle -- to vote in the negative on this,
21 because it is just plain wrong that our
22 conference does not get an appointment.
23 I'll be voting in the negative,
24 Madam President, and hoping that my colleagues
25 will also vote in the negative.
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1 ACTING PRESIDENT YOUNG: Thank
2 you, Senator Duane. You will be recorded in
3 the negative.
4 Announce the results.
5 THE SECRETARY: Ayes, 54. Nays,
6 1. Senator --
7 SENATOR STAVISKY: Madam
8 President.
9 ACTING PRESIDENT YOUNG: Senator
10 Stavisky.
11 SENATOR STAVISKY: To explain my
12 vote, at the request of one of my colleagues.
13 ACTING PRESIDENT YOUNG: To
14 explain your vote.
15 SENATOR STAVISKY: I think it's
16 unfortunate that there is not minority
17 representation on the bill.
18 However, this came about as a
19 result of a hearing, extensive hearings
20 concerning the college boards and the SAT
21 exams. And I think that this is a step in the
22 right direction, and I commend Senator
23 LaValle. And I hope that if we revisit the
24 issue next year, that perhaps there can be
25 minority representation. But I think it's an
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1 important bill. There have been scandals
2 involving the SAT exam. And I think this is a
3 good step.
4 Thank you.
5 ACTING PRESIDENT YOUNG: Senator
6 Stavisky, how do you vote?
7 SENATOR STAVISKY: I vote aye.
8 ACTING PRESIDENT YOUNG: You will
9 be recorded in the affirmative. Thank you.
10 Announce the results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1577 are
13 Senators Dilan, Duane, L. Krueger, and Savino.
14 Also Senator Parker.
15 Ayes, 50. Nays, 5.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1591, by Senator Winner, Senate Print 3304E,
20 an act to amend the Education Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT YOUNG: Announce
4 the results.
5 THE SECRETARY: Ayes, 54. Nays,
6 1. Senator Marcellino recorded in the
7 negative.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1634, substituted earlier today by Member of
12 the Assembly Lifton, Assembly Print Number
13 10331, an act to authorize the Village of
14 Cayuga Heights.
15 ACTING PRESIDENT YOUNG: There is
16 a home-rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Announce
24 the results.
25 THE SECRETARY: Ayes, 56.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1661, by Senator Padavan, Senate Print 8048,
5 an act in relation to authorizing.
6 ACTING PRESIDENT YOUNG: There is
7 a home-rule message at the desk.
8 Read the 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 ACTING PRESIDENT YOUNG: Announce
15 the results.
16 THE SECRETARY: Ayes, 56.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1681, by Senator Maziarz, Senate Print 6224A,
21 an act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 180th day.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Senator
5 Montgomery.
6 SENATOR MONTGOMERY: Yes, Madam
7 President, just briefly. I want to thank
8 Senator Maziarz for this bill.
9 Some years ago I wanted to put this
10 "Buy American" on my newsletters, and I was
11 told that it was not appropriate and I
12 couldn't do it. So now, with this
13 legislation, I'm assuming that I can -- I am
14 authorized also to express my concern that I
15 would like constituents to buy American in
16 order to keep jobs in America.
17 So thank you. I'm supporting this
18 bill, Madam President.
19 ACTING PRESIDENT YOUNG: Thank
20 you, Senator Montgomery. You will be recorded
21 in the affirmative.
22 Announce the results.
23 THE SECRETARY: Ayes, 56.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1683, by Senator Little, Senate Print 6427A,
3 an act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT YOUNG: Announce
12 the results.
13 THE SECRETARY: Ayes, 56.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1690, by Senator Meier, Senate Print 7641A, an
18 act to amend the Social Services Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect December 31, 2006.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 56.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1713, substituted earlier today by Member of
8 the Assembly Magee, Assembly Print Number
9 10242B, an act to amend the Agriculture and
10 Markets Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1717, by Senator Farley, Senate Print 7424A,
25 an act to amend the Real Property Tax 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 ACTING PRESIDENT YOUNG: Announce
9 the results.
10 THE SECRETARY: Ayes, 56.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1720, by Senator Meier, Senate Print 7643A, an
15 act to amend the Social Services Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Announce
24 the results.
25 THE SECRETARY: Ayes, 56.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1736, by Senator Maziarz, Senate Print 6223A,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT YOUNG: Announce
14 the results.
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1750, by Senator Bonacic, Senate Print 8032A,
20 an act to amend the Public Authorities Law.
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 ACTING PRESIDENT YOUNG: Announce
4 the results.
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1752, by Senator Padavan, Senate Print 8043A,
10 an act to amend the Real Property Tax Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 18. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1767, by Senator Wright, Senate Print 8100, an
25 act to authorize the conveyance of certain
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1 real property.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1769, by Senator Leibell, Senate Print 8109,
16 an act to amend the Public Authorities Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT YOUNG: Announce
25 the results.
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1 THE SECRETARY: Ayes, 56.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1772, by Senator Meier, Senate Print 8115, an
6 act to amend the Social Services Law and
7 others.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 7. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT YOUNG: Announce
16 the results.
17 THE SECRETARY: Ayes, 56.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1775, by Senator Padavan, Senate Print 8126,
22 an act to amend the Public Authorities Law.
23 ACTING PRESIDENT YOUNG: Read the
24 last section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 56.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1776, by Senator Marchi, Senate Print 8127, an
12 act to amend Chapter 586 of the Laws of 2005.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Announce
21 the results.
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1777, by Senator Meier, Senate Print 8130, an
2 act to amend the Education Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 56.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1778, by Senator Meier, Senate Print 8131, an
17 act to amend the Social Services Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Announce
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1 the results.
2 THE SECRETARY: Ayes, 56.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1782, by Senator Little, Senate Print 8151, an
7 act to authorize.
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 ACTING PRESIDENT YOUNG: Announce
16 the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1782: Ayes, 55. Nays, 1.
19 Senator Duane recorded in the negative.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1785, by Senator Trunzo, Senate Print 8157, an
24 act to authorize.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 10. This
3 act shall take effect immediately.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT YOUNG: Announce
8 the results.
9 THE SECRETARY: Ayes, 56.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1791, by Senator Stavisky, Senate Print 1424,
14 an act to amend the Education Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT YOUNG: Announce
23 the results.
24 THE SECRETARY: Ayes, 56.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1795, by Senator Savino, Senate Print 4336, an
4 act to amend the Public Authorities Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1810, by Senator Meier, Senate Print 7644B, an
19 act to amend the Social Services Law and the
20 Executive Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the 180th day.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT YOUNG: Announce
4 the results.
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1841, by Senator Meier, Senate Print 8183, an
10 act to amend the Social Services Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 18 --
25 SENATOR MONTGOMERY: Lay it
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1 aside.
2 ACTING PRESIDENT YOUNG: Senator
3 Montgomery, which bill would you like to lay
4 aside?
5 SENATOR MONTGOMERY: 1845.
6 ACTING PRESIDENT YOUNG: The bill
7 is laid aside.
8 THE SECRETARY: Calendar Number
9 1846, by Senator Balboni, Senate Print 8119,
10 an act to amend the Insurance Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 Senator Fuschillo, that completes
24 the noncontroversial reading of the calendar.
25 SENATOR FUSCHILLO: Madam
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1 President, on the noncontroversial calendar,
2 will you please lay aside for the day Calendar
3 Number 1101.
4 ACTING PRESIDENT YOUNG: 1101 is
5 laid aside for the day.
6 SENATOR FUSCHILLO: At this time,
7 will you please take up the reading of the
8 controversial calendar.
9 ACTING PRESIDENT YOUNG: The
10 Secretary will ring the bell.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 469, by Senator Balboni, Senate Print 6914A,
14 an act to amend the Executive Law.
15 SENATOR HASSELL-THOMPSON:
16 Explanation.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni, an explanation has been requested.
19 SENATOR BALBONI: Thank you very
20 much, Madam President.
21 I guess this is going to be of some
22 surprise to all of you in this chamber, but
23 this is a homeland security-related bill.
24 I've been trying to get out of that genre for
25 a little bit, but right now this is a bill
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1 that actually we've been starting to work on
2 for coming up on two years.
3 Let me just tell you the genesis of
4 this particular proposal. The first is that
5 when you look at all the assets that we have
6 to protect, what you realize very quickly is
7 that 80 percent of them are in private hands.
8 In addition to which you realize that when it
9 comes to emergency management and sheltering
10 people, again, so many of the assets fall into
11 private hands.
12 Secondly, I was talking with
13 Dr. Robert Scott of Adelphi University, who
14 proudly announced to me that he was going to
15 be the site of a point-of-distribution center,
16 which is where they hand out antibiotics in
17 the case of a medical emergency or radiation
18 tablets or any of the other things that you
19 give out at a point-of-distribution center,
20 but then his attorneys for his insurance
21 company told him he couldn't do it. And that
22 was because of the liability attached to
23 creating a point-of-distribution center.
24 And I just participated in Nassau
25 County's drill that they had a week ago Sunday
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1 where they had 3,000 people involved in
2 point-of-distribution services, and it was a
3 great drill, but lacking was any of the
4 private-sector involvement.
5 What this bill does, it says to the
6 private sector: Join us when it comes to
7 emergency management, join us when it comes to
8 providing benefits for people who need
9 sheltering, for helping out in a disaster.
10 And what we saw in Katrina was that
11 many of the effective responses were not of
12 government but were of the private sector,
13 with the Wal-Mart supply chain, where some of
14 the other companies would be able to deliver
15 vehicles.
16 So this is an attempt to engage the
17 private sector, finally, with a commonsense
18 civil liability -- yes, I know that's a term
19 that gets some people crazy. But this is what
20 this bill does. It says that during the state
21 of an emergency, of a declared emergency, if
22 you provide services through a contract -- and
23 that word "contract" is going to cause some
24 people some problems -- but a contract,
25 memorandum of understanding, any type of
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1 relationship with the government. And under
2 their supervision, then you will be held
3 responsible only for gross negligence.
4 This is consistent with the Good
5 Samaritan laws in this nation. Of course, we
6 don't have one in the State of New York. It
7 is also consistent with our decision to
8 indemnify and defend public officers, pursuant
9 to Section 17 of this statute.
10 Thank you, Madam President.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Balboni.
13 Senator Schneiderman.
14 SENATOR SCHNEIDERMAN: Thank you,
15 Madam President. If the sponsor would yield
16 for a few brief questions and brief responses.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni, will you yield?
19 SENATOR BALBONI: Madam
20 President, I will yield, but I will not say
21 anything about brief responses. Depends what
22 kind of clever witticisms he throws my way.
23 ACTING PRESIDENT YOUNG: Senator
24 Balboni yields.
25 SENATOR SCHNEIDERMAN: I note
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1 that the Senator is in a very good mood today.
2 If I might ask, though, this piece
3 of legislation, proposed piece of legislation
4 raises an issue that, as you state, it makes
5 people crazy. But I don't think what makes
6 people crazy is civil liability; what makes
7 people crazy is immunizing for-profit
8 companies from civil liability.
9 So my first question to you is
10 this. If a private corporation such as
11 Blackwater or Halliburton or other people who
12 provide services during an emergency had a
13 contract and was being highly paid by the
14 State of New York or a political subdivision
15 for help during an emergency, would this bill
16 immunize them from liability for negligence?
17 SENATOR BALBONI: Madam
18 President, through you. Let's see if I can
19 think of the absolute worst set of characters
20 to put in the question I'll ask you. How
21 about we just call it Devil, Inc., came and
22 tried to provide services? The question I --
23 SENATOR SCHNEIDERMAN: You're
24 trying to get metaphysical on me. There's so
25 many real companies that get paid a lot of
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1 money --
2 SENATOR BALBONI: Run by
3 Mephistopheles.
4 See, the point is this --
5 SENATOR SCHNEIDERMAN: If you
6 want to bring your party into it, that's fine
7 with me. But go ahead.
8 (Laughter.)
9 SENATOR BALBONI: The point of it
10 is this. Does it really matter if it's a
11 for-profit or if it's not-for-profit? Again,
12 Senator Schneiderman, if you took a look at
13 the recent reports that were written about the
14 Katrina response, what you found out was that
15 many of the big corporations were the best in
16 responding.
17 And I think you will agree with me
18 wholeheartedly that when it comes to an
19 emergency, it almost doesn't matter who
20 provides the service as long as it gets
21 provided.
22 Now, you and I can argue that of
23 course there should be better government
24 oversight in terms of the contracts that are
25 given, there should be a better bang for the
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1 buck in terms of who is going to be refunded
2 and given money for responding in the course
3 of an emergency. We can even talk about how
4 many of the funds in national disasters are
5 misspent.
6 But the point is this. How can we
7 possibly have the arrogance to assume that
8 government is the only responder possible,
9 that we cannot engage the private sector at
10 all? And that's really what we're talking
11 about, engaging the private sector. And
12 that's what this bill does.
13 SENATOR SCHNEIDERMAN: Thank you.
14 This is quite an extraordinary
15 rhetorical flourish, where, if you pay the
16 private sector enough, presumably you can get
17 services. But I find that your logic is even
18 a bit more hard to grasp than usual.
19 Did you meet with President Bush
20 this morning?
21 SENATOR BALBONI: Mm-hmm.
22 SENATOR SCHNEIDERMAN: You did.
23 Okay, thank you. On the bill, Madam
24 President --
25 SENATOR BALBONI: Along with a
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1 whole group of other people, by the way.
2 Representative Gary Ackerman, a lot of good
3 Democrats were there also.
4 SENATOR SCHNEIDERMAN: That's
5 okay. On the bill.
6 ACTING PRESIDENT YOUNG: Senator
7 Schneiderman, on the bill.
8 SENATOR SCHNEIDERMAN: Okay. I
9 knew he was particularly confused. I now
10 understand who he's been talking to and why I
11 had that impression.
12 This is a very bad piece of
13 legislation, for a very simple reason. If --
14 what it does is says that the government, in a
15 time of crisis, in an emergency, the
16 government contracts with a for-profit
17 company -- or a not-for-profit, but it
18 includes in it for-profits. This is not a
19 bill that is limited to volunteers or Good
20 Samaritans, which is a relatively small number
21 of participants, unfortunately, in these
22 situations.
23 When the government contracts with
24 a private-sector company that may very well be
25 overcharging because of the emergency -- and
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1 we know from the records of Hurricane Katrina
2 that this in fact is the case, that some of
3 these companies come in and charge a lot of
4 money because they know they've got the
5 government in a weak negotiating position --
6 that those private companies will be relieved
7 from the requirement that in every other area
8 of their business they exercise reasonable
9 care in providing services.
10 SENATOR BALBONI: Madam
11 President, will the gentleman suffer an
12 interruption, a question?
13 SENATOR SCHNEIDERMAN: "Suffer"
14 is certainly the right word.
15 Madam President, I would be glad to
16 take a question from the Deputy Secretary of
17 Homeland Security and Self-Promotion.
18 ACTING PRESIDENT YOUNG: Before
19 we begin -- wait one second. Before you
20 begin, you can't both talk at the same time
21 because the stenographer cannot record the
22 conversation. So I would ask that one speaker
23 at a time, please.
24 SENATOR BALBONI: Madam
25 President, through you. Would the gentleman
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1 be kind enough to point out where in the bill
2 language exists that says in an emergency a
3 contractor is immune from a contract dispute.
4 Thank you, Madam President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Balboni.
7 SENATOR SCHNEIDERMAN: Madam
8 President, I didn't say that. But it does
9 make it clear in this legislation, because the
10 first sentence is "During a State disaster
11 emergency," and then states that any firm --
12 and now I'm reading -- "in the performance of
13 a contract related to such emergency with the
14 State or its political subdivisions is exempt
15 from the law of negligence."
16 So I'm not talking a contract
17 dispute, I'm talking about a tort exemption.
18 And I would like to note, ladies and
19 gentlemen, that the --
20 SENATOR BALBONI: Madam
21 President, would the gentleman suffer another
22 interruption, please.
23 ACTING PRESIDENT YOUNG: Senator
24 Schneiderman, do you yield?
25 SENATOR SCHNEIDERMAN: Yes. And
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1 once again, "suffering" is the proper term.
2 SENATOR BALBONI: Madam
3 President, through you. Would the gentleman
4 then explain why is -- why it is we're talking
5 about government agencies being overcharged by
6 a company providing a contractual service?
7 Thank you, Madam President.
8 SENATOR SCHNEIDERMAN: Ah. Thank
9 you. Thank you. Now that is an excellent
10 question. Thank you. Thank you, Deputy
11 Secretary.
12 The reason that that's relevant is
13 to say that we're not talking about, as you've
14 attempted to characterize it, Good Samaritans
15 or companies coming to the call of the public
16 sector. We're talking about companies that
17 are on a contract in an emergency that could
18 very well -- because we know from Hurricane
19 Katrina there were companies that charged more
20 than their usual rates because they knew the
21 government was in a weak negotiating position.
22 My point is this. You take a
23 company that's on a contract to provide
24 services that's making money. This bill would
25 say in addition to getting the extra money --
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1 or getting your going rate, either way. But
2 we know some companies do overcharge during
3 emergencies -- in addition to the money,
4 you're exempt from liability for negligence.
5 Now, negligence -- again, I want to
6 make this clear to everyone here who's voting
7 on it. We're not saying that these companies
8 would be required to behave perfectly.
9 Mistakes happen. Negligence is defined by
10 Black's Law Dictionary as a failure -- and I'm
11 quoting, "failure to exercise reasonable care
12 towards others or performing actions which a
13 reasonable person would not."
14 So we're saying to these companies,
15 act unreasonably. Act unreasonably. You
16 know, negligently fail to inspect the
17 equipment before you build bridges. They are
18 immunized from the requirements of negligence
19 that apply under the tort law to every other
20 company doing business in this state because
21 they happen to get a contract during an
22 emergency with the State of New York.
23 And that is what this bill would
24 do. And that, ladies and gentlemen, is not
25 what we should be doing. If anything, there
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1 should be a heightened requirement for people
2 during emergencies to provide reasonable
3 care -- again, not perfect care, but
4 reasonable care. That's the law of
5 negligence. It's good law in the state for
6 hundreds of years. It has helped us preserve
7 the relationship between the recipients of
8 services and the companies making lots of
9 money from providing them.
10 My point about the emergencies is
11 that we know during emergencies that there are
12 situations in which the state has very little
13 choice but to engage the private sector.
14 Fine. That's fine.
15 This bill would say, in addition to
16 paying whatever the market will bear -- which
17 is often more than the usual rate -- we're
18 going to immunize these companies and remove
19 the requirement they treat people reasonably.
20 So the poor people who needed help during
21 Hurricane Katrina don't get the reasonable
22 care that the wealthy would get if they employ
23 these companies for their private purposes.
24 And let me use an example. It's
25 not Devil, Inc., it's a real company.
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1 Blackwater, that provides security. It's
2 essentially a sort of a private-army company.
3 And we know during Hurricane Katrina that they
4 charged money for contracts and provided
5 security. We also know that they were
6 employed by lots of big corporations and
7 wealthy people to provide security during
8 emergencies to protect them from the people
9 who were out of their homes.
10 So we're dealing with a situation
11 in which there are a lot of opportunities for
12 people to shave the edges of what they're
13 doing. Why we would remove, during an
14 emergency, the requirement that a company
15 working for the state and getting paid, remove
16 the requirement that that company exercises
17 reasonable care towards others is beyond me.
18 So I will say this. I do -- I
19 mean, all kidding aside, that I very much
20 respect the sponsor's attention to the issue
21 of emergency services and to disaster relief.
22 But removing the requirement that companies
23 with contracts from the state behave
24 reasonably and exercise reasonable care in
25 emergencies is the last thing we should be
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1 doing. If we have to pay them, we pay them.
2 But we shouldn't be providing them an
3 additional immunity.
4 And I'm going to vote no and
5 encourage everyone else to vote no. And if
6 there is a solution to the problem, there are
7 people in remarkable -- and I would suggest
8 this for the Good Samaritans, perhaps, people
9 who do act during an emergency and aren't
10 being paid -- let's provide indemnification.
11 The state can provide that if that's
12 necessary.
13 There's no reason to provide
14 immunization for for-profit companies, which
15 this bill would do.
16 Thank you, Madam President.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator.
19 Senator Balboni.
20 SENATOR BALBONI: Madam
21 President, I'd like to thank the gentleman for
22 his thoughts on this issue, mostly because
23 they highlight a complete and utter lack of
24 understanding about what it is like to respond
25 in a disaster.
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1 And I get this frustration from
2 sitting down with a table full of National
3 Guardsmen, Coast Guard, police, fire -- and
4 you know what? They're not so worried about
5 the ability of people to bring lawsuits after
6 a disaster hits.
7 You know, the irony with the
8 argument that we should make sure there's
9 reasonable compensation for people who have
10 been injured through negligence is you assume
11 there's a courthouse left standing. But yet
12 go down to Biloxi, Mississippi, and see what
13 has happened to their society and their
14 structure.
15 Look, we can argue about tort
16 reform and we can argue --
17 ACTING PRESIDENT YOUNG: Senator
18 DeFrancisco, why do you rise?
19 SENATOR DeFRANCISCO: I wonder if
20 Senator Balboni would yield to a question.
21 SENATOR BALBONI: Yes, I will.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator.
24 SENATOR DeFRANCISCO: Senator
25 Balboni, is there any statistics or any
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1 studies that you've come up with that
2 indicated there's a difficulty in hiring
3 companies to make money during a state of
4 emergency?
5 SENATOR BALBONI: Yes.
6 SENATOR DeFRANCISCO: Can you
7 give me some -- what study was it that you
8 had?
9 SENATOR BALBONI: Sure. Well,
10 the study was not actually formalized in the
11 sense of a true report. What it was was a
12 report through the Conference of Mayors and
13 through the Department of Homeland Security
14 that talked about the inability to get private
15 property owners to lease out their buildings
16 and to do so in a way where they could have
17 immunity from liability using their
18 facilities. And this is a huge problem,
19 actually, in the metropolitan area, so you
20 bring up a great point.
21 And you know what's interesting,
22 Senator DeFrancisco, up in your area, in
23 Syracuse, as you know, we were looking for the
24 fairgrounds to be used as a place for staging.
25 And one of the great concerns, ironically, was
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1 that many of the property owners up there
2 said: You know what, we can't do it. We're
3 concerned about some of the problems of
4 getting the goods in there and some of the
5 circumstances surrounding the liability.
6 And you know, Senator, this has
7 become a huge issue nationally, but it has
8 shown its head here when it comes to the
9 simple thing of protecting for a pandemic, an
10 avian flu. Because what you have here is the
11 many private hospitals who are trying to set
12 up distribution centers outside their
13 hospitals and they can't find the places to do
14 it.
15 As a matter of fact, I would
16 recommend that you talk to guys like Mike
17 Dowling, who heads up the North Shore-Long
18 Island Jewish Health Center, and his
19 difficulty in trying to set up these types of
20 situations outside of the hospital setting and
21 to get private owners. And in addition to
22 which, you could call Dr. Robert Scott of
23 Adelphi University and ask him.
24 So the difficulty is I know,
25 Senator, that you would like, being the
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1 attorney that you are, the good attorney that
2 you are, facts and figures on this. But a lot
3 of this is anecdotal. And the funny thing is
4 when people are not willing to present their
5 building for use during an emergency, there's
6 a lot of factors that could go into it. But
7 the thing that they tell me, the thing that
8 they tell the people who run the emergency
9 management centers is that they're nervous
10 about liability. And that's why we put this
11 bill in.
12 SENATOR DeFRANCISCO: Would the
13 Senator yield to another question.
14 ACTING PRESIDENT YOUNG: Senator
15 Balboni, do you yield?
16 SENATOR BALBONI: Yes, I would.
17 ACTING PRESIDENT YOUNG: He
18 yields.
19 SENATOR DeFRANCISCO: Were you
20 are aware that the state fairgrounds is a
21 governmental --
22 SENATOR BALBONI: Yes, as a
23 matter of fact --
24 SENATOR DeFRANCISCO: -- a
25 governmental -- excuse me --
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1 SENATOR BALBONI: Madam
2 President, I knew he was going to say that,
3 and many of the vendors --
4 ACTING PRESIDENT YOUNG: Senator
5 Balboni -- Senator Balboni, would you let
6 Senator DeFrancisco ask the question, please.
7 SENATOR BALBONI: Sure.
8 SENATOR DeFRANCISCO: Senator,
9 did you know that the state fairgrounds is a
10 governmentally owned facility that will not be
11 affected in any way, shape or form by this
12 bill?
13 SENATOR BALBONI: Madam
14 President, through you, I think that you're
15 wrong. I think that the vendors who would
16 service that state fairground would in fact be
17 affected by this. And as a matter of fact,
18 this is exactly the reason why I did this
19 bill.
20 ACTING PRESIDENT YOUNG: Senator
21 DeFrancisco.
22 SENATOR DeFRANCISCO: I'll wait
23 to speak on the bill because -- I've got more
24 to say. I'll wait to speak on the bill
25 because I'd prefer really to get a succinct
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1 answer to a question that's consistent with
2 the last answer. So maybe I'll try one other
3 question.
4 ACTING PRESIDENT YOUNG: Senator
5 Balboni, do you yield?
6 SENATOR BALBONI: Yes.
7 SENATOR DeFRANCISCO: If I'm not
8 mistaken, your argument was that the only
9 information you have is about people who own
10 buildings that are unable to -- unwilling to
11 provide those buildings during a state of
12 emergency concerning liability. And that's
13 their concern.
14 And the point of my question with
15 respect to the state fairgrounds is that is a
16 property owner, a governmental owner, and that
17 it's not a vendor. And so I'm trying to
18 figure out how we jump -- and I guess maybe
19 you can explain it -- how we jump from the
20 basis for showing that this is a real problem
21 re property owners to now talking about
22 vendors at the state fair.
23 SENATOR BALBONI: Madam
24 President, through you. Are you ready?
25 ACTING PRESIDENT YOUNG: Yes.
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1 SENATOR BALBONI: The gentleman
2 is confused, and I know why he's confused.
3 Because in response to his question as to
4 whether or not there was an actual report, the
5 report related to property owners. As it
6 relates to the terms and conditions of this
7 bill, this bill would affect vendors who
8 actually supply services to places like the
9 fairgrounds. So there were two aspects of the
10 answer.
11 SENATOR DeFRANCISCO: One more
12 question.
13 ACTING PRESIDENT YOUNG: Senator
14 Balboni, do you yield?
15 SENATOR BALBONI: Yes, I do.
16 ACTING PRESIDENT YOUNG: He
17 yields.
18 SENATOR DeFRANCISCO: Senator
19 Balboni, may I have a copy of that report that
20 you just referred to that's in existence?
21 SENATOR BALBONI: Madam
22 President, through you.
23 ACTING PRESIDENT YOUNG: Senator
24 Balboni.
25 SENATOR BALBONI: I believe if
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1 you read back the transcript you'll see,
2 Senator, that I mentioned it was not so much a
3 formal report as it was mostly anecdotal
4 information.
5 SENATOR DeFRANCISCO: Another
6 question, please, if he will yield.
7 ACTING PRESIDENT YOUNG: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: So you are
10 equating, in your argument, report with
11 anecdotal information?
12 SENATOR BALBONI: That's correct.
13 SENATOR DeFRANCISCO: All right.
14 One other question, if you will.
15 ACTING PRESIDENT YOUNG: Senator
16 Balboni, will you yield?
17 SENATOR BALBONI: Yes, I do
18 yield.
19 SENATOR DeFRANCISCO: Senator
20 Balboni, with respect to this issue of
21 liability, I guess my question is if there is
22 no report or no hard information other than
23 anecdotal information upon which it's
24 difficult to get private companies to act in
25 emergencies, and given the fact that there are
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1 companies that do act in emergencies and in
2 many, many instances get a premium because of
3 the emergency, why the people that they're
4 dealing with should not have protection
5 against simple negligence.
6 SENATOR BALBONI: I'm sorry, what
7 was your question?
8 SENATOR DeFRANCISCO: My question
9 was, given the fact that there's no hard
10 evidence, just anecdotal information, and
11 given the fact that it's widely known that
12 private companies get premiums during the
13 states of emergency, why private citizens
14 should not be protected against negligence
15 during these terrible times of national
16 emergencies.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni.
19 SENATOR BALBONI: Madam
20 President, through you. The gentleman's
21 question presumes a number of different
22 things.
23 Number one, that anecdotal evidence
24 is unworthy of consideration. I would ask the
25 gentleman -- and I know he has, he just is
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1 taking this particular point -- to talk to his
2 fire chiefs, talk to his emergency managers in
3 his neck of the woods, and come down and talk
4 to mine. I'd be happy to host you. And you
5 can meet a lot of the wonderful volunteers who
6 try to set up these programs. In fact, the
7 Nassau County Department of Health has done a
8 pretty good job, and they have information on
9 this.
10 And, secondly, the wild
11 overcharging. I realize that there were
12 difficulties in some of the emergency
13 responses nationally, but the point -- I
14 thinks that the gentleman is missing the point
15 of the bill. I know we're focused on civil
16 liability, and we know how important civil
17 liability is. But in an emergency, all things
18 are suspended. That's kind of the point.
19 I know that the gentleman would
20 hate to have martial law ever imposed. I
21 would hate to mention that sometimes martial
22 law is necessary. And during martial law,
23 there are suspension of many of the rights of
24 our society. And that's what this bill does.
25 It talks about emergencies only.
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1 To apply the normal, tired tort
2 reform issue to emergencies is really not
3 appropriate in this matter, particularly --
4 you know, we have been lucky. Madam
5 President, we are so lucky in this state.
6 Besides 9/11, we have never really had this
7 disaster affect us on a statewide basis.
8 ACTING PRESIDENT YOUNG: Senator
9 DeFrancisco, why do you rise?
10 SENATOR DeFRANCISCO: Would the
11 Senator yield to another question.
12 ACTING PRESIDENT YOUNG: Senator
13 Balboni, will you yield?
14 SENATOR BALBONI: Yes, I do,
15 Madam President.
16 ACTING PRESIDENT YOUNG: The
17 Senator yields.
18 SENATOR DeFRANCISCO: Senator,
19 being so involved in this issue as you are,
20 you've heard of reports where there's been
21 allegations of fraud against many companies
22 who have purchased extravagant items for
23 themselves that should have gone to the
24 victims of a national disaster. Have you
25 heard of those?
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1 SENATOR BALBONI: Madam
2 President, through you, I've heard of those.
3 I have also heard of the White
4 House report, which I have on my desk -- I'll
5 give it to you, you can read it, it's about
6 275 pages -- wherein the federal government
7 actually talks about the private sector as
8 being in a better position to provide services
9 than the federal government.
10 And that's, again, the purpose of
11 the bill.
12 ACTING PRESIDENT YOUNG: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: May I ask
15 another question.
16 ACTING PRESIDENT YOUNG: Will you
17 yield, Senator Balboni?
18 SENATOR BALBONI: Yes.
19 SENATOR DeFRANCISCO: If it turns
20 out that any of these allegations are correct,
21 where money was being misused by private
22 companies, and they are either sued for
23 misappropriating government funds or they are
24 prosecuted for fraud, under your bill, would
25 those companies be immune from liability if
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1 during the course of their activities they
2 killed someone by being negligent?
3 SENATOR BALBONI: Madam
4 President, through you.
5 ACTING PRESIDENT YOUNG: Senator
6 Balboni.
7 SENATOR BALBONI: I believe the
8 gentleman is mixing apples and oranges. The
9 bill talks about immunity from negligence.
10 Last I checked, most contractual relationships
11 are governed by the law of contract.
12 Now, if you happen to kill somebody
13 in the middle of negotiating a contract, I --
14 you know --
15 SENATOR DeFRANCISCO: May I ask
16 another question, please.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni, do you yield?
19 SENATOR BALBONI: Yes, I do,
20 Madam President.
21 ACTING PRESIDENT YOUNG: The
22 Senator yields.
23 SENATOR DeFRANCISCO: Let me try
24 the question again, because you obviously
25 didn't understand it.
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1 A company has a contract for
2 providing services during Katrina. It's
3 proven that they fraudulently used that money
4 for something else. And they're prosecuted or
5 they're asked to give the money away, and they
6 breach their contract.
7 While doing their contract, in the
8 course of doing their work, separate incident,
9 they hurt somebody or kill somebody while
10 doing their job.
11 Under your bill, irrespective of
12 their other bad activities, would those
13 companies be immune from liability for the
14 negligence in hurting or killing somebody?
15 SENATOR BALBONI: Madam
16 President, through you.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni.
19 SENATOR BALBONI: The bill sets
20 up several requirements under the direction of
21 the state or its political subdivisions. That
22 is one of the requirements.
23 It could be argued that if a
24 company that was contracting with a local
25 government completely abandoned the contract
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1 and were not providing the services, as was
2 with your hypothetical, that in fact they
3 would fall outside the scope of this, for both
4 the contract, which it would automatically --
5 I mean this bill would not affect at all, and
6 for their negligence.
7 Madam President, on the bill. May
8 I continue?
9 SENATOR DeFRANCISCO: Yes. Yes.
10 ACTING PRESIDENT YOUNG: Senator
11 Balboni, on the bill.
12 SENATOR BALBONI: Let me just end
13 with this. This issue is reaching a crisis in
14 other parts of the nation. And I would argue
15 with anybody here in this chamber, if you're
16 really interested in this and don't just want
17 to make this a political football, go and talk
18 to the survivors of Katrina, go and talk to
19 the folks not just in New Orleans, but go and
20 talk to them in Biloxi, Mississippi, and go
21 and talk to them about the civil
22 infrastructure and what they needed and what
23 they didn't have.
24 This is a very commonsense
25 approach. And I hope that we'll suspend our
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1 usual prayer at the altar of tort liability
2 for the recognition that in an emergency, it's
3 all hands on deck.
4 Thank you, Madam President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Balboni.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: On the
9 bill.
10 ACTING PRESIDENT YOUNG: On the
11 bill.
12 SENATOR DeFRANCISCO: You know, I
13 just cannot understand for the life of me this
14 feeling that tort liability and protecting
15 citizens from the negligence of others is some
16 un-American or some type of activity that
17 should be treated with disgust.
18 People get hurt every day of the
19 week. Somehow they've got to be compensated.
20 If the person responsible for the negligence
21 which caused injury or death is not the one to
22 provide the compensation, then somebody else
23 has to. Because those people have injuries,
24 they have medical expenses, they have families
25 that they have to support.
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1 So the concept of a private right
2 of action is as American as any other law or
3 any other field of the law that we have. And
4 it's a simple responsibility. Just like we
5 talked about the death penalty, many of the
6 same people who may be for this bill get on
7 the floor and say, you know, an eye for an eye
8 or teeth for a tooth and we've got to deter
9 these type of people.
10 Well, how is it any different
11 trying to deter bad behavior that results in
12 injury through negligence than it is to deter
13 somebody from committing a violent act? It's
14 the same concept. There's certain civilized
15 activities, certain activities people should
16 be held responsible for.
17 Now, with that said, you know, this
18 is not at the altar of any civil liability or
19 altar of whatever was just said. This is a
20 basic principle that I think is a very, very
21 good principle. Rather than government taking
22 care of every evil in society, have the
23 responsible person do it from time to time.
24 Now, what makes this bill
25 particularly bad as far as I'm concerned is
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1 that these individuals who are privately
2 contracting with the government to do work
3 during states of emergency generally, at least
4 what I hear and what I understand, is they get
5 a premium for their activities. And their
6 activities are in a very bad situation during
7 a case of a national emergency or an emergency
8 of some type. And it seems to me that people
9 who are injured in the course of their
10 activities, especially from groups that are
11 getting premiums for providing their services,
12 should have the same protection as any other
13 citizens during any other time.
14 And in the event that someone
15 cannot find those individuals to perform the
16 work, it seems to me -- I think that it's
17 unlikely, but if it is, then pay a higher
18 premium. But don't let them just do their
19 work that could result in injury without
20 consequences to other people.
21 In addition, despite the
22 interpretation of the bill by the sponsor, I
23 firmly believe that the situation where
24 someone does commit fraud, does not provide
25 the emergency assistance to who they're
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1 supposed to provide it to and is even
2 prosecuted for that, under this bill they're
3 immune from liability if in the course of
4 performing their fraud and performing their
5 work they're in a situation where they hurt or
6 kill somebody.
7 Now, I think that's wrong. And I
8 think this is something that it may sound good
9 if you -- if it's a rhetorical discussion, but
10 on the other hand it's taking away some basic
11 principles of our society. And I feel very
12 strongly that this bill should be voted down
13 for the reasons stated.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator DeFrancisco.
16 Senator Diaz.
17 SENATOR DIAZ: Thank you, Madam
18 President. Would the sponsor yield for a
19 question, please.
20 ACTING PRESIDENT YOUNG: Senator
21 Balboni, do you yield?
22 SENATOR BALBONI: Oh, all right.
23 (Laughter.)
24 SENATOR DIAZ: Senator Balboni,
25 before I ask you a question, I have to say I
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1 appreciate your effort and your leadership in
2 the committee, the Homeland Security
3 Committee, which I am a member of, and for all
4 the time that you have come to my district.
5 SENATOR BALBONI: Thank you very
6 much.
7 SENATOR DIAZ: And in the future
8 you are coming to my district, so I appreciate
9 that.
10 I just wanted to clarify something
11 from you. When I read the bill it said it
12 does not apply to cases involving gross
13 negligence or willful misconduct, nor from
14 damages, injuries or death sustained due to
15 the operation of a motor vehicle.
16 In the letter of opposition from
17 the trial lawyers, it says under this bill
18 they will not be liable for injury or death
19 that might result from their negligence.
20 We know that there is a difference
21 between negligence and gross negligence. Will
22 you please, for the record, tell me what is
23 the difference between negligence and gross
24 negligence?
25 SENATOR BALBONI: Madam
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1 President, through yourself, I probably should
2 go to Black's Law Dictionary. And maybe
3 Senator DeFrancisco, the law professor, could
4 expound on this.
5 But essentially, simple negligence
6 is where someone breaches a common duty in
7 society. Essentially, that's the broadest
8 discussion of it.
9 Gross negligence is something that
10 is akin to -- it has an element of
11 recklessness or almost criminality. In other
12 words, it gets to be so bad -- and when it
13 talks about willful, that means you meant to
14 do it, you meant to hurt the other individual,
15 you meant to commit the act. It's not so much
16 intentional, but it's done in a way that
17 involves negligence but is a much higher
18 standard of disregard to your common people or
19 to the situations in which you are operating.
20 SENATOR DIAZ: Madam President,
21 would the sponsor yield for another question.
22 ACTING PRESIDENT YOUNG: Senator
23 Balboni, do you yield?
24 SENATOR BALBONI: Yes, I do.
25 ACTING PRESIDENT YOUNG: Thank
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1 you.
2 Senator Diaz.
3 SENATOR DIAZ: Senator Balboni,
4 you might not want to answer this one, but I'm
5 going to ask it anyway.
6 Why do you think that the trial
7 lawyers are opposing this bill?
8 SENATOR BALBONI: Madam
9 President, through you, I believe that the
10 trial lawyers are concerned with the
11 preservation of the right to sue under any
12 circumstances.
13 ACTING PRESIDENT YOUNG: Senator
14 Diaz.
15 SENATOR DIAZ: Through you, Madam
16 President, will the sponsor yield.
17 ACTING PRESIDENT YOUNG: Senator
18 Balboni, will you yield?
19 SENATOR BALBONI: Yes, I do.
20 ACTING PRESIDENT YOUNG: The
21 Senator yields.
22 SENATOR DIAZ: Can you give me
23 any scenario or an example where we have an
24 amazing disaster and somebody commits
25 negligence in their duties?
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1 SENATOR BALBONI: Sure. Madam
2 President, through you.
3 ACTING PRESIDENT YOUNG: Senator
4 Balboni.
5 SENATOR BALBONI: We have an
6 emergency, a Class 3 hurricane is coming to
7 Manhattan, and the owner of private warehouse
8 that actually happens to be up in the heights,
9 people approach him, the government comes to
10 him and says, Open your doors, we need to get
11 people out of the low-lying areas, we don't
12 have enough capacity in downtown, so put them
13 in your building.
14 As they go in through the building,
15 the floor is very old and is a parquet and is
16 wet, and is actually -- there's no -- there's
17 no care on the part of the property owner to
18 put down a sign that says: Be careful, floor
19 is wet. Or the stairway has not been kept in
20 repair and therefore it's crumbling in some
21 sections, and someone, in their rush to go up,
22 they fall and they get injured.
23 Now, those are examples of what
24 could result from negligence in an emergency,
25 the failure to properly notify someone of a
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1 hazardous condition on your property or have a
2 piece of the infrastructure that could lead
3 somebody to sustain an injury.
4 SENATOR DIAZ: Thank you.
5 On the bill, Madam President.
6 ACTING PRESIDENT YOUNG: Senator
7 Diaz, on the bill.
8 SENATOR DIAZ: I was listening to
9 Senator DeFrancisco when he was talking, and
10 he said something referring to tort reform.
11 And one of his comments, if I recall, he said
12 that why do we want to prevent people from
13 suing for collecting damages from people that
14 commit negligence.
15 Tort reform and suing, a few weeks
16 ago there was a bill here where, in the name
17 of protecting the people, it was intended to
18 give the authority to a perpetrator, to a
19 criminal who goes into someone's apartment to
20 rob or to steal and in that process, if the
21 owner of the apartment hurts the perpetrator
22 that went into that apartment, into that
23 house, the bill was intended to give
24 authority, to give power to the criminal to
25 sue the owner of the house.
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1 I don't think that that is
2 something that we could say is on behalf of
3 the consumer. On the contrary, that is
4 something that is on behalf of the criminals
5 and not the victims. And we are here always,
6 supposedly, to protect the victims, not the
7 criminals.
8 There was another incident where,
9 in the name of protecting people, we intend to
10 give the authority to sue the makers of the
11 cars, in cases where somebody needs a car and
12 in that process hurts someone, the driver
13 hurts someone, that the owner of the company
14 that makes the car be also liable for the
15 incident that occur where the car was leased
16 by someone else.
17 What that has done is that right
18 now in the Bronx, in my neighborhood, people
19 cannot lease cars. People cannot afford to
20 lease a car because companies already pull
21 away from leasing cars. And consumers, the
22 people are paying a lot more now to lease a
23 car and to have that luxury of leasing a car
24 because we are trying to protect, according to
25 the tort laws, to protect people.
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1 I believe that the explanation that
2 Senator Balboni just gave me on the gross
3 negligence and simple negligence is fair
4 enough. And I think that this bill, this bill
5 really caused that those people that commit
6 gross negligence and willful misconduct, in
7 the process of that, they could be sued. But
8 somebody in the process of helping someone
9 else, without knowledge, without planning
10 commit a negligence, I don't think that person
11 should be sued, especially when it is a state
12 emergency or disaster.
13 So I think that I'm voting for this
14 bill. And I congratulate Senator Balboni for
15 always looking out for the small guys.
16 Thank you, Senator Balboni.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Diaz.
19 Senator Connor.
20 SENATOR CONNOR: Thank you, Madam
21 President.
22 You know, looking out for the small
23 guys, that's -- that, Madam President, is
24 exactly the great democratization that took
25 place in the common law. Because, you know,
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1 Senator DeFrancisco talked about it, the right
2 to recover for negligence. In terms of what
3 it is, it's a way to apportion risk, if you
4 will, damages, and have it fall on the person
5 whose lack of care caused the injury
6 initially, rather than on society as a whole.
7 Of course there is insurance. That's why they
8 got insurance, to spread is that risk.
9 But as American as apple pie? I'm
10 afraid it's as English as fish and chips. It
11 goes back in the common law.
12 And the right to recover for
13 negligence was an important right, but it
14 didn't mean very much for the little guy. It
15 meant nothing for the little guy. When the
16 Duke of Marlborough's carriage ran over some
17 poor workman in the street, it meant nothing.
18 Now, if he ran over the Earl of Norfolk, it
19 meant something. The Earl of Norfolk could
20 sue. The poor working man in the street, he
21 couldn't sue. Where is he going to get a
22 barrister? Where is he going to get a lawyer
23 to plead his case? How's he going to pay
24 court fees and have access to the courts?
25 The fact is the much-maligned trial
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1 bar, going back to common-law days when they
2 seized upon the concept of a contingent fee --
3 which I know the press likes to, in a big
4 case, they go, Oh, and the lawyer walks away
5 with a third. They never write a story where
6 the recovery was nothing, the lawyer had
7 advanced hundreds of thousands of dollars in
8 costs for expert witnesses and so on and he
9 gets nothing, loses money.
10 The fact is the contingent fee is
11 for the little guy. It's for working men and
12 women who can't afford lawyers. So when
13 somebody who's fortunate enough to afford a
14 carriage or a motor car or whatever injures
15 them, or when someone who owns a business
16 injures them, they do have recourse. They
17 don't simply have to go away and have their
18 family bear the burden of such an injury, a
19 debilitating injury.
20 Now, in the case we're talking
21 about here, Madam President, the case of
22 people --
23 ACTING PRESIDENT YOUNG: Senator
24 Diaz, why do you rise?
25 SENATOR DIAZ: Would Senator
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1 Connor yield for a question.
2 ACTING PRESIDENT YOUNG: Senator
3 Connor, do you yield?
4 SENATOR CONNOR: Certainly, Madam
5 President.
6 ACTING PRESIDENT YOUNG: The
7 Senator yields.
8 SENATOR DIAZ: Senator Connor,
9 when a little guy hires a trial lawyer to sue
10 to get some money, what is the fee for the
11 trial lawyers?
12 SENATOR CONNOR: If the trial
13 lawyer doesn't recover anything for the little
14 guy, the fee is zero and the trial lawyer pays
15 all the expenses.
16 If the trial lawyer recovers, he
17 gets a percentage of the fee. It's on a
18 sliding scale. For smaller cases, it's
19 one-third of the recovery.
20 SENATOR DIAZ: One-third.
21 SENATOR CONNOR: That's correct.
22 SENATOR DIAZ: Through you, Madam
23 President, will Senator Connor yield.
24 ACTING PRESIDENT YOUNG: Senator
25 Connor, do you continue to yield?
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1 SENATOR CONNOR: Certainly, Madam
2 President.
3 ACTING PRESIDENT YOUNG: The
4 Senator yields.
5 SENATOR DIAZ: So isn't it true,
6 isn't that true that if somebody sues -- if I
7 got hurt and I get a trial lawyer and I sue
8 for $100,000, the trial lawyer, no matter
9 what, would get a third of that? That would
10 be $33,000.
11 SENATOR CONNOR: Well, no. No.
12 In answer to the question, Madam President, if
13 the client recovers $100,000, the trial lawyer
14 gets a third of that.
15 If the client recovers nothing, the
16 trial lawyer actually loses thousands of
17 dollars that he's advanced to process the case
18 and gets nothing.
19 And, Madam President, I'd go
20 further in answering this question and say if
21 the little guy doesn't hire a trial lawyer and
22 sue, he also gets nothing.
23 SENATOR DIAZ: Through you, Madam
24 President, will Senator Connor still yield.
25 ACTING PRESIDENT YOUNG: Senator
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1 Connor, do you yield?
2 SENATOR CONNOR: Certainly, Madam
3 President.
4 ACTING PRESIDENT YOUNG: The
5 Senator yields.
6 SENATOR DIAZ: So out of that
7 $100,000, the small guy has to pay all the
8 bills for the doctors, the technicians, any
9 expenses, but the trial lawyer will always get
10 his one-third, no matter that all those
11 expenses will be paid out of the money from
12 the client.
13 SENATOR CONNOR: No. The trial
14 lawyer pays the expenses of trial. He pays
15 expert witnesses, he pays for expert medical
16 witnesses, he pays for the cost of
17 transcripts. He pays for that whether he wins
18 or loses.
19 He gets the third if he wins.
20 SENATOR DIAZ: And through you,
21 Madam President.
22 ACTING PRESIDENT YOUNG: Senator
23 Connor, do you yield?
24 SENATOR CONNOR: And the victim
25 -- yes.
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1 SENATOR DIAZ: And the victim
2 will have to cover, out of the two-thirds that
3 the victim gets, has to pay all the medical
4 bills and all the other expenses. Sometimes
5 that victim ends up with zero or with maybe 15
6 or --
7 ACTING PRESIDENT YOUNG: Senator
8 Diaz, could I ask you to address your comments
9 to the chair, please.
10 SENATOR DIAZ: I'm asking him a
11 question.
12 ACTING PRESIDENT YOUNG: To the
13 chair.
14 SENATOR DIAZ: But I thought I
15 had the floor.
16 SENATOR CONNOR: Madam President,
17 I have the floor. I've yielded for a
18 question.
19 SENATOR DIAZ: So I'm saying that
20 after the $100,000 is issued, the trial lawyer
21 will get a third of that, the victim has to
22 pay all the rest of the bill, and isn't that
23 true that sometimes the victim might end up
24 with only $20,000?
25 SENATOR CONNOR: Madam President,
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1 it's possible.
2 But I would point out that the
3 victim is not being rewarded for getting
4 injured. The victim is not supposed to come
5 away rich or richer than he was. The victim
6 is being compensated for the medical costs,
7 pain and suffering, and other things that he
8 suffered.
9 So the fact that that compensation
10 may go to pay his medical bills, Madam
11 President, is precisely what it's designed to
12 do.
13 ACTING PRESIDENT YOUNG: Senator
14 Diaz.
15 SENATOR DIAZ: Another question,
16 through you.
17 ACTING PRESIDENT YOUNG: Senator
18 Connor, do you yield?
19 SENATOR CONNOR: Yes, I do, Madam
20 President.
21 ACTING PRESIDENT YOUNG: Senator
22 Diaz, could you address the question to me.
23 SENATOR DIAZ: Okay. My last
24 one. Ain't that true that it would be to the
25 advantage of the trial lawyers to be able to
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1 always sue, because they will always get a
2 third no matter what if they collect some
3 money? So it will be -- ain't that true that
4 it would be to the advantage of the trial
5 lawyers to just sue, sue, sue, sue, sue and
6 nothing but sue?
7 ACTING PRESIDENT YOUNG: Senator
8 Connor.
9 SENATOR CONNOR: Madam President,
10 as I understand the question, let me say the
11 answer is no.
12 Unfortunately, unfortunately this
13 Legislature a number of years ago adopted a
14 provision that I think actually acts in
15 derogation of the lawyer's obligation to the
16 client. And that is when they said you could
17 no longer get a third of whatever is recovered
18 but had a sliding scale. So the more that's
19 recovered, the smaller the percentage of the
20 fee that goes to the lawyer.
21 Now, a lot of lawyers feel that
22 this could be impugning their professional
23 responsibilities, because there suddenly
24 becomes a disincentive for the lawyer to get
25 as much as he possibly can for his client,
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1 whereas, whereas a straight percentage compels
2 the lawyer.
3 So the question is won't the lawyer
4 oversue. Well, if the lawyer oversues and
5 gets nothing, the lawyer gets nothing. If he
6 oversues and gets a lot more money, the client
7 gets a lot more money.
8 But the fact that the client has to
9 pay the medical bills makes sense. The client
10 is being compensated for the injuries. It's
11 not the same, Madam President, as winning the
12 lottery.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator.
15 Senator Diaz.
16 SENATOR DIAZ: Would Senator
17 Connor yield.
18 ACTING PRESIDENT YOUNG: Senator
19 Connor, will you yield?
20 SENATOR CONNOR: Certainly, Madam
21 President.
22 ACTING PRESIDENT YOUNG: The
23 Senator yields.
24 SENATOR DIAZ: Isn't that true
25 that before a trial lawyer gets involved in a
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1 case he checks the case back and forth and is
2 about 90 percent sure that he will collect
3 money before getting the case?
4 SENATOR CONNOR: Madam President,
5 that just depends on the lawyer. Of course,
6 the lawyer is obligated professionally to make
7 a due diligence assessment of the case because
8 you're not supposed to bring frivolous cases.
9 And obviously before the lawyer invests a lot
10 of money in the expenses of the trial, he's
11 going to do that.
12 But as I was saying, Madam
13 President, with respect to this bill the fact
14 that someone is responding in an emergency
15 ought not provide total immunity to the
16 consequences of the responder's negligence.
17 You know, I could see a reason --
18 we'll use Senator Balboni's example. I've got
19 a warehouse, I know the floors are rotten and
20 creaky. I know -- I've been told, I've been
21 told by inspectors: Don't put too much weight
22 on these floors. You know, no forklift trucks
23 in this warehouse. You've got really weak
24 floor and the bearing load -- and the
25 stairway, don't use the stairway because the
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1 stairs are defective.
2 And lo and behold, the authorities
3 come to me and say, It's a great emergency, we
4 want to open your warehouse to all these
5 people. Your business has kind of taken a
6 downturn. TV cameras are there, they're going
7 to take a picture with the facade of your
8 building with the big sign of your company up
9 there. Everybody is going to think you did
10 good.
11 So you think, I'm going to take the
12 chance, because I'm going to help these people
13 and I'm going to get all the goodwill. The
14 goodwill that I'm going to get when it's
15 publicized that, you know, Martin Connor's
16 warehouse took in 3,000 refugees of the
17 hurricane.
18 And lo and behold, they all get in
19 my warehouse and the floor collapses. Madam
20 President, can anyone seriously think -- and
21 the ones who don't fall through the floor use
22 that staircase that Senator Balboni described,
23 with the defective steps. And I knew they
24 were bad, too; I was kind of hoping I'd just
25 get away with it for a couple of days and get
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1 all that good publicity.
2 Can anyone suggest I should be
3 immune from the consequences of my negligence?
4 I think not, Madam President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Connor.
7 Any other Senator wishing to be
8 heard?
9 The debate is closed.
10 The Secretary will ring the bell.
11 Read the 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 ACTING PRESIDENT YOUNG: Senator
18 Diaz, to explain your vote.
19 SENATOR DIAZ: Thank you, Madam
20 President.
21 We're talking about suing and
22 protecting the little guy. Most of the little
23 guys in my district, when they get hurt and
24 they have to pay a trial lawyer to help them,
25 most of -- there are two scenarios here.
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1 One is that the person, the little
2 guy sometimes receives Medicaid, Medicare or
3 is on welfare. After they get sued -- and the
4 lawyer always will get, he or she, her
5 third -- and then pays all the bills, whatever
6 the little guy gets, they never get it. They
7 have to go back to Medicaid, have to go back
8 to Medicare, have to go back to welfare. They
9 never get anything. The lawyer will always
10 get the money.
11 The second scenario, the second
12 scenario is I have a lady in my church who
13 broke her leg. I'm a pastor. She breaks her
14 leg, she hires a lawyer, they sue. That
15 lawyer sent her to a doctor, that doctor sent
16 her to another doctor for therapy, for
17 follow-up, for treatment, for whatever. When
18 she got a hundred thousand dollars, the lawyer
19 got his third, the lady had to pay everybody
20 else and she ends up with $15,000. Everybody
21 had their money. This is a business, good for
22 trial lawyers.
23 ACTING PRESIDENT YOUNG: Can we
24 have some order, please.
25 SENATOR DIAZ: So I'm voting
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1 no -- I'm voting yes. I'm voting yes. I'm
2 voting yes.
3 ACTING PRESIDENT YOUNG: Senator
4 Diaz will be recorded in the affirmative.
5 Senator Krueger, to explain her
6 vote.
7 SENATOR LIZ KRUEGER: Thank you,
8 Madam President.
9 Well, I listened to the debate.
10 And if you listened to part of the argument,
11 you would think we were arguing a Good
12 Samaritan bill where we were talking about
13 people who were volunteering their services in
14 an emergency.
15 And if it had been a Good Samaritan
16 bill for volunteers, I could have bought into
17 some of the arguments that Senator Balboni
18 made about wanting to make exceptions to
19 standard civil torts protections.
20 But in fact, this bill is about
21 contractors. This bill is about people who
22 are making money for the business services
23 they are providing, even in terms of in an
24 emergency situation. And there was a
25 reference to, in fact, New Orleans in the
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1 discussion. And one of the things we know now
2 from New Orleans is that while many companies
3 went in there to try to provide good services,
4 several of them were in fact exploiting the
5 situation, were even, you might argue,
6 speculating on the situation of an expectation
7 of government funds for services they really
8 weren't prepared to be able to provide, and in
9 fact in some circumstances may in fact have
10 risked harm to the people they were supposedly
11 serving.
12 So I will be voting no on this
13 bill, because I think it is fundamental to
14 ensure that if in fact you are harmed in this
15 society that all of us, every one of us, have
16 equal rights and protections under the law.
17 And again, while the debate, if you
18 were not listening thoroughly, might lead you
19 to believe that this was an issue for
20 volunteer services, that is not the issue
21 under debate here.
22 I'll be voting no. Thank you,
23 Madam President.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Krueger. You will be recorded in
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1 the negative.
2 The Secretary will announce the
3 results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 469 are
6 Senators Bonacic, Connor, Coppola,
7 DeFrancisco, Dilan, Duane, Gonzalez,
8 Hassell-Thompson, Klein, L. Krueger, Little,
9 Maziarz, Onorato, Oppenheimer, Parker,
10 Paterson, Sabini, Sampson, Savino,
11 Schneiderman, Serrano, A. Smith, Stachowski,
12 Stavisky and Valesky. Also Senators Breslin
13 and Montgomery.
14 Ayes, 33. Nays, 27.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 888, by Senator Golden, Senate Print 1823A, an
20 act to amend the Penal Law.
21 SENATOR SCHNEIDERMAN:
22 Explanation.
23 ACTING PRESIDENT YOUNG: Senator
24 Golden, an explanation has been requested.
25 SENATOR GOLDEN: Thank you, Madam
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1 President.
2 Public access -- this is public
3 access to government documents. It is an
4 important aspect of a free society that we all
5 hold so dear. However, at times this freedom
6 is abused and information contained in public
7 records is used for a criminal purpose.
8 This bill amends the Penal Law to
9 create the offense of criminal use of public
10 records. Someone is guilty of this crime if
11 he or she abuses FOIL to obtain information
12 with the intent to use this information in the
13 furtherance of a crime. Criminal use of
14 public records is a Class E felony.
15 Now, this has been around last
16 year, and we said we would change this bill
17 and amend this bill and work with the other
18 side of this Senate chamber. And we did that,
19 knowing the civil liberties taken very
20 seriously by all of us here in this room.
21 But we created a bill here that has
22 a high threshold for the burden of proof for
23 that prosecutor. This bill is a pretty solid
24 bill. This bill, you have to intentionally
25 obtain the record with a FOIL request or go
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1 out and get someone and find that person who's
2 gotten that FOIL request with the intent to
3 use in a crime, and had to plan information
4 illegally when he obtained that information,
5 and, three, attempts to commit a crime or
6 commits a crime. Intentionally obtains with
7 the intent to use, attempts to commit a crime,
8 and/or commits that crime.
9 So I think we've created a bill
10 here that should work for not only both sides
11 of this chamber but for that in the Assembly
12 as well, by taking in civil liberties and
13 taking in the high threshold for that
14 prosecutor.
15 ACTING PRESIDENT YOUNG: Thank
16 you, Senator Golden.
17 Senator Schneiderman.
18 SENATOR SCHNEIDERMAN: Thank you,
19 Madam President. On the bill.
20 ACTING PRESIDENT YOUNG: On the
21 bill.
22 SENATOR SCHNEIDERMAN: I
23 appreciate Senator Golden's efforts. And I
24 have to say that we have spoken about this
25 bill, and this is a case in which he has been
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1 true to his commitment to modify it and really
2 attempt to come up with something that
3 addressed the concerns that were raised by my
4 colleagues on my side of the aisle last year
5 and have been raised with him in private.
6 This bill does create an extremely
7 high standard for prosecution because it
8 requires, before someone can be prosecuted,
9 that they intentionally obtain records through
10 the use of the Public Officers Law and that
11 they in fact use those records that were
12 improperly obtained in the commission of a
13 crime. So I think that does deal with a lot
14 of the issues that have been discussed when
15 this bill came before us before.
16 I would like to note that there's a
17 more fundamental issue that's been raised in
18 the context of the debate over this
19 legislation, which is really that the proper
20 approach to protecting our records is to make
21 sure that we're not holding a lot of
22 confidential information that could be used
23 against people in the first place. And that
24 we provide bills, as we have done -- Senator
25 Fuschillo sponsored the Security Breach
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1 Information Act, which requires state agencies
2 and businesses to notify persons of the
3 potential acquisition by an unauthorized
4 person of vulnerable personal information, and
5 legislation also sponsored by Senator
6 Fuschillo to freeze access to personal credit
7 error reports. I think we have to take
8 further steps to ensure that the confidential
9 information is not being maintained, it's not
10 maintained, it can't be obtained
11 inadvertently, advertently, intentionally,
12 unintentionally by someone who could use it
13 against someone.
14 Having said that, and having a
15 general objection to simply using the criminal
16 law in an effort to protect people from the
17 misuse of confidential information, I am going
18 to respond to Senator Golden's effort to bend
19 over backwards. If anything, quite honestly,
20 I think this makes it very difficult to
21 prosecute someone under this bill. I think
22 there's even too much civil liberties in here
23 for me.
24 But having said that, I respect the
25 sponsor's efforts to make this bill as
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1 narrowly tailored as possible so that only the
2 criminals who steal personal information to
3 use it intentionally for a crime are
4 prosecuted. And I will be supporting the
5 bill.
6 Thank you, Madam President.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Schneiderman.
9 Any other Senator wishing to be
10 heard?
11 Then the debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Announce
21 the results.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 888 are
24 Senators Duane and Serrano.
25 Ayes, 58. Nays, 2.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1500, by Member of the Assembly Destito,
6 Assembly Print Number 9284A, an act to amend
7 the Public Officers Law.
8 SENATOR HASSELL-THOMPSON:
9 Explanation.
10 SENATOR SCHNEIDERMAN: Madam
11 President, just --
12 ACTING PRESIDENT YOUNG: Senator
13 Leibell, an explanation has been requested.
14 SENATOR SCHNEIDERMAN: No, that's
15 okay. No, that's okay.
16 Madam President, we don't need an
17 explanation. I just wanted to make a comment,
18 because the bill has been --
19 ACTING PRESIDENT YOUNG: Senator
20 Schneiderman, on the bill.
21 SENATOR SCHNEIDERMAN: Thank you,
22 Madam President.
23 I just wanted to note, for my
24 colleagues that have voted against this bill
25 in the past, that this bill, which allows
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1 New York City sanitation employees with five
2 or more years of service to reside in a
3 political subdivision located not more than
4 15 miles from New York City, has now been the
5 subject of negotiations.
6 And my understanding is that while
7 I have great concerns about relaxing residency
8 requirements for city municipal employees, as
9 I believe people should work where they live,
10 in order to provide more better and more
11 appropriate services to the city, I support
12 this bill, as this limits the locations
13 outside of the city in which these individuals
14 can live.
15 The opposition to the bill has now
16 been withdrawn, and the technical flaw that
17 would have allowed sanitation workers to
18 reside further afield than was the intent of
19 the original legislation has been removed.
20 The City of New York and the Sanitationmen's
21 Association have reached an agreement which is
22 reflected in this bill, and I'm therefore
23 going to be supporting this measure.
24 Thank you.
25 ACTING PRESIDENT YOUNG: Senator
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1 Montgomery.
2 SENATOR MONTGOMERY: Yes, Madam
3 President. I too am going to withdraw my
4 opposition.
5 And in addition to what my
6 colleague Senator Schneiderman pointed out, I
7 just want to say that it has become more and
8 more difficult for people to live in the city,
9 especially in my district, where the
10 gentrification has really absolutely gone
11 through the roof. And it's gentrification for
12 people who work for the city, for teachers,
13 for police, for sanitation. Anyone who just
14 has a regular job with government, is a
15 middle-income family, wants to raise their
16 family, unless they already reside there and
17 have for the last two decades, they cannot
18 live there at this point in time.
19 So I am really very sad about that.
20 However, we must go with the progress.
21 There's nothing that we are going to do about
22 it in terms of turning it around immediately.
23 And so I'm going to withdraw my opposition and
24 vote in favor of this legislation.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator.
2 Any Senator wishing to be heard?
3 The debate is closed.
4 The Secretary will ring the bell.
5 Read the 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, 60.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1845, by Senator Meier, Senate Print 8207, an
17 act to amend the Social Services Law and the
18 Family Court Act.
19 SENATOR MONTGOMERY: Explanation.
20 ACTING PRESIDENT YOUNG: Senator
21 Meier, an explanation has been requested.
22 SENATOR MEIER: Thank you, Madam
23 President.
24 This bill is a response to a series
25 of discussions we've been having as a result
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1 of a number of really highly publicized and
2 tragic child abuse cases. And the purpose of
3 the bill really is to provide workers in the
4 Child Protective Service with the tools they
5 need through Family Court to gain access to
6 children.
7 One of the things that we've been
8 hearing as we talk to Child Protective Service
9 workers around the state is that it is
10 extremely difficult to secure a court order to
11 gain access where the parent or other
12 caregiver has denied access to the child. In
13 fact, the standard is the very same standard
14 that is required to obtain a criminal search
15 warrant. And yet your average building
16 inspector, checking for violations of the
17 sanitary code or the adequacy of plumbing or
18 electrical systems in an apartment, can get in
19 under a much lower standard.
20 And so what this bill does is it
21 sets forth a number of standards where a Child
22 Protective Service worker can serve a Family
23 Court order upon reasonable suspicion of abuse
24 or maltreatment. And where they've been
25 unable to locate the child or they've been
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1 denied sufficient access to the child, it sets
2 forth elements for the court to weigh in
3 determining whether or not they should grant
4 the order.
5 But in reality, what this is about
6 is to give child protective workers adequate
7 tools, under judicial supervision, to gain
8 access to children so they can assess the
9 situation and if need be take action to get
10 the child out, get the child access to
11 services.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Meier.
14 Senator Montgomery.
15 SENATOR MONTGOMERY: Thank you,
16 Madam President. On the bill.
17 ACTING PRESIDENT YOUNG: On the
18 bill.
19 SENATOR MONTGOMERY: Yes, thank
20 you.
21 I certainly have some concerns
22 about lowering the standards. But all in all,
23 I want to thank Senator Meier for his work,
24 because as you know, the most recent horror
25 story where a child was murdered by her own
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1 parents, and it happened over a long period of
2 child abuse, the child lived in my district
3 and the family lived in my district. And
4 since that time, Senator Meier as well as
5 other of my colleagues have been trying to
6 create a system that was more responsive, and
7 I appreciate that.
8 I do, however, want to point out,
9 Madam President, that my own version of a
10 response to this legislation, along with my
11 colleague in the Assembly, Assemblywoman
12 Annette Robinson -- it was in both of our
13 districts where this occurred -- we introduced
14 legislation which would establish what we
15 consider to be an emergency response team,
16 which would fit very nicely into Senator
17 Meier's program where he establishes child
18 advocacy centers.
19 We would like to see that happen
20 and to build on that center, build within that
21 center a process whereby we would not allow
22 this kind of abuse to go over a long period of
23 time but, rather, there would be very early
24 intervention based on not necessarily
25 educational neglect but indicators that there
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1 was something wrong. Not just child abuse,
2 but that there was also perhaps other issues
3 within that family constellation that required
4 some intervention, be it housing, be it
5 domestic violence, be it mental health
6 services, and et cetera.
7 So while I'm going to support this
8 legislation, I certainly think that we need to
9 do much more as it relates to paying closer
10 attention and providing early intervention to
11 assist families at a point where we can save
12 the lives of women and children in that
13 family.
14 So, Madam President, I hope that my
15 legislation will be considered some time in
16 the very near future, or some version of it.
17 And with that, I'm definitely going to support
18 this legislation, as I have the other bills
19 that Senator Meier has introduced to try and
20 address this issue.
21 Thank you.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Montgomery.
24 Any other Senator wishing to be
25 heard?
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1 The debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 That completes the controversial
15 reading of the calendar.
16 We have some motions.
17 Senator Nozzolio.
18 SENATOR NOZZOLIO: Madam
19 President, amendments are offered to the
20 following Third Reading Calendar bills.
21 On behalf of Senator Spano, page
22 number 31, Calendar Number 953, Senate Print
23 Number 7808.
24 On behalf of Senator Winner, page
25 number 51, Calendar Number 1406, Senate Print
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1 Number 5273A.
2 On behalf of Senator Flanagan, page
3 number 55, Calendar Number 1473, Senate Print
4 Number 7091.
5 Also on behalf of Senator Flanagan,
6 page number 56, Calendar Number 1493, Senate
7 Print Number 2791.
8 And on behalf of Senator Skelos,
9 page number 65, Calendar Number 1780, Senate
10 Print Number 8147.
11 Madam President, I now move that
12 these bills retain their place on the order of
13 third reading.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Nozzolio.
16 The amendments are received, and
17 the bills will retain their place on the Third
18 Reading Calendar.
19 Senator Little.
20 SENATOR LITTLE: Thank you, Madam
21 President.
22 I wish to call up Senator
23 Nozzolio's bill, Print Number 6471C, recalled
24 from the Assembly, which is now at the desk.
25 ACTING PRESIDENT YOUNG: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 244, by Senator Nozzolio, Senate Print 6471C,
4 an act to authorize.
5 SENATOR LITTLE: Madam President,
6 I now move to reconsider the vote by which
7 this bill was passed.
8 ACTING PRESIDENT YOUNG: Call the
9 roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT YOUNG: Senator
13 Little.
14 SENATOR LITTLE: Madam President,
15 I now offer the following amendments.
16 ACTING PRESIDENT YOUNG: The
17 amendments are received.
18 SENATOR LITTLE: Madam President,
19 I also wish to call up Senator Fuschillo's
20 bill, Print Number 7563, recalled from the
21 Assembly, which is now at the desk.
22 ACTING PRESIDENT YOUNG: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 988, by Senator Fuschillo, Senate Print 7563,
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1 an act to authorize.
2 SENATOR LITTLE: Madam President,
3 I now move to reconsider the vote by which the
4 bill was passed.
5 ACTING PRESIDENT YOUNG: Call the
6 roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 SENATOR LITTLE: Madam President,
10 I now offer the following amendments.
11 ACTING PRESIDENT YOUNG: The
12 amendments are received.
13 SENATOR LITTLE: Thank you.
14 ACTING PRESIDENT YOUNG: Senator
15 Bonacic.
16 SENATOR BONACIC: Thank you,
17 Madam President.
18 On behalf of Senator LaValle, I
19 wish to call up Bill Number 718, having passed
20 both houses and not delivered to the Governor.
21 ACTING PRESIDENT YOUNG: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1311, by Senator LaValle, Senate Print 718, an
25 act to amend the Workers' Compensation Law.
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1 SENATOR BONACIC: Madam
2 President, I now move to reconsider the vote
3 by which this bill was passed and ask that the
4 bill be restored to the order of third
5 reading.
6 ACTING PRESIDENT YOUNG: Call the
7 roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 SENATOR BONACIC: Madam
11 President, I now offer up the following
12 amendments.
13 ACTING PRESIDENT YOUNG: The
14 amendments are received.
15 Senator Bonacic.
16 SENATOR BONACIC: Madam
17 President, on behalf of Senator Padavan, I
18 wish to call up Bill Number 6997, having
19 passed both houses and not delivered to the
20 Governor.
21 ACTING PRESIDENT YOUNG: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 649, by Senator Padavan, Senate Print 6997, an
25 act to amend the Penal Law.
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1 SENATOR BONACIC: Madam
2 President, I now move to reconsider the vote
3 by which this bill was passed and ask that the
4 bill be restored to the order of third
5 reading.
6 ACTING PRESIDENT YOUNG: Call the
7 roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 SENATOR BONACIC: Madam
11 President, I now offer the following
12 amendments.
13 ACTING PRESIDENT YOUNG: The
14 amendments are received.
15 SENATOR BONACIC: Thank you.
16 ACTING PRESIDENT YOUNG: Senator
17 Fuschillo.
18 SENATOR FUSCHILLO: Madam
19 President, are there any substitutions at the
20 desk?
21 ACTING PRESIDENT YOUNG: Yes,
22 there are.
23 SENATOR FUSCHILLO: Please make
24 them.
25 ACTING PRESIDENT YOUNG: The
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1 Secretary will read.
2 THE SECRETARY: On page 10,
3 Senator Fuschillo moves to discharge, from the
4 Committee on Consumer Protection, Assembly
5 Bill Number 809A and substitute it for the
6 identical Senate Bill Number 5665A, Third
7 Reading Calendar 302.
8 On page 18, Senator Spano moves to
9 discharge, from the Committee on
10 Investigations and Government Operations,
11 Assembly Bill Number 7294 and substitute it
12 for the identical Senate Bill Number 5074,
13 Third Reading Calendar 592.
14 On page 22, Senator Johnson moves
15 to discharge, from the Committee on Health,
16 Assembly Bill Number 9955 and substitute it
17 for the identical Senate Bill Number 6786,
18 Third Reading Calendar 741.
19 On page 26, Senator Robach moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 9113B and substitute it
22 for the identical Senate Bill Number 6347A,
23 Third Reading Calendar 854.
24 And on page 27, Senator Marcellino
25 moves to discharge, from the Committee on
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1 Health, Assembly Bill Number 9251 and
2 substitute it for the identical Senate Bill
3 Number 6359, Third Reading Calendar 870.
4 ACTING PRESIDENT YOUNG:
5 Substitutions are ordered.
6 Senator Fuschillo.
7 SENATOR FUSCHILLO: Madam
8 President, the supplemental active list has
9 been placed on the members' desks. Could we
10 please go to that and have the
11 noncontroversial reading.
12 ACTING PRESIDENT YOUNG: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 282, by Senator Spano, Senate Print 2893C, an
16 act to amend the State Finance Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT YOUNG: Announce
25 the results.
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1 THE SECRETARY: Ayes, 59. Nays,
2 1. Senator Marcellino recorded in the
3 negative.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 294, by Senator Larkin --
8 SENATOR FUSCHILLO: Lay it aside
9 for the day, please.
10 ACTING PRESIDENT YOUNG: The bill
11 is laid aside for the day.
12 THE SECRETARY: Calendar Number
13 296, by Senator Hannon, Senate Print 3493, an
14 act to amend the Public Health Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT YOUNG: Announce
23 the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 300, by Senator Morahan, Senate Print 581, an
4 act to amend the General Business Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT YOUNG: Announce
13 the results.
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 302, substituted earlier by Member of the
19 Assembly Rivera, Assembly Print Number 809A,
20 an act to amend the General Business Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first day of the
25 calendar month next succeeding.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 321, by Senator Maziarz, Senate Print 1985A,
11 an act to amend the Retirement and Social
12 Security Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act, dated December 1, 2005, and intended for
17 use only during the 2006 legislative session.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT YOUNG: Announce
22 the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 592, substituted earlier by Member of the
3 Assembly Paulin, Assembly Print Number 7294,
4 an act to amend the Executive Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the first of January
9 next succeeding.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT YOUNG: Announce
14 the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 626, by Senator Maziarz, Senate Print 7175B,
20 an act to amend the Labor Law.
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 ACTING PRESIDENT YOUNG: Announce
4 the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 741, substituted earlier by Member of the
10 Assembly Sweeney, Assembly Print Number 9955,
11 an act to amend Chapter 572 of the Laws of
12 1994.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 761, by Senator Seward, Senate Print 7286, an
2 act relating to increasing availability.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 854, substituted earlier by Member of the
17 Assembly Bing, Assembly Print Number 9113B, an
18 act to amend the Labor Law and the General
19 Business Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT YOUNG: Announce
3 the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 856, by Senator Saland, Senate Print 6290B, an
9 act to amend the Executive Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 870, substituted earlier by Member of the
24 Assembly Koon, Assembly Print Number 9251, an
25 act to amend the Public Health 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 ACTING PRESIDENT YOUNG: Announce
9 the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1075, by Senator Marchi, Senate Print 7433 --
15 SENATOR SCHNEIDERMAN: Lay it
16 aside.
17 ACTING PRESIDENT YOUNG: The bill
18 is laid aside.
19 THE SECRETARY: Calendar Number
20 1155, by Senator Alesi, Senate Print 6957, an
21 act to amend the Public Health Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1156, by Senator Hannon, Senate Print 7459, an
12 act to amend the Public Health Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1157, by Senator Hannon, Senate Print 7544, an
2 act to amend the Public Health Law and the
3 Social Services Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT YOUNG: Announce
12 the results.
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1291, by Senator Farley, Senate Print 7764A,
18 an act to amend the Banking Law.
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 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1405, by Senator Alesi, Senate Print 4993B, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT YOUNG: Announce
17 the results.
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1442, by Senator Maltese, Senate Print 5598A,
23 an act to amend the Retirement and Social
24 Security Law and the Administrative Code of
25 the City of New York.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 10. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT YOUNG: Announce
9 the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1450, by Senator Seward, Senate Print 7371A,
15 an act to amend the Retirement and Social
16 Security Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT YOUNG: Announce
25 the results.
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1568, by Senator Padavan, Senate Print 3169C,
6 an act to amend the Education Law and the
7 Insurance Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT YOUNG: Announce
16 the results.
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1570, by Senator Hannon, Senate Print 4241, an
22 act to amend the Education Law.
23 ACTING PRESIDENT YOUNG: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 120th day.
2 ACTING PRESIDENT YOUNG: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT YOUNG: Announce
6 the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1847, by Senator Fuschillo, Senate Print 8232,
12 an act to amend the Vehicle and Traffic Law
13 and others.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 27. This
17 act shall take effect on the first of
18 November.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT YOUNG: Announce
23 the results.
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 Senator Fuschillo, that completes
3 the noncontroversial calendar.
4 SENATOR FUSCHILLO: Madam
5 President, 1075, will you lay it aside for the
6 day, please.
7 ACTING PRESIDENT YOUNG: 1075
8 will be laid aside for the day.
9 Senator Farley.
10 SENATOR FARLEY: Is 302 out of
11 the house? Is that still here? I'd like to
12 reconsider the vote by which Calendar 302
13 passed.
14 SENATOR FUSCHILLO: Madam
15 President.
16 ACTING PRESIDENT YOUNG: Senator
17 Fuschillo.
18 SENATOR FUSCHILLO: I move to
19 reconsider the vote by which Calendar Number
20 302 had recently passed unanimously.
21 ACTING PRESIDENT YOUNG: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 302, substituted earlier today by Member of
25 the Assembly Rivera, Assembly Print Number
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1 809A, an act to amend the General Business
2 Law.
3 ACTING PRESIDENT YOUNG: Call the
4 roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 SENATOR FUSCHILLO: Lay it aside
8 for the day.
9 ACTING PRESIDENT YOUNG: The bill
10 is laid aside for the day.
11 SENATOR FARLEY: Madam President,
12 point of personal privilege.
13 ACTING PRESIDENT YOUNG: Senator
14 Farley.
15 SENATOR FARLEY: I want to thank
16 you for that, Senator Fuschillo.
17 I realize you -- I felt very deeply
18 about this piece of legislation. And needless
19 to say, I was out of the room talking to my
20 counsel about this and a few other things and
21 as I raced in, it passed, it passed fast.
22 And I did want to be voted no. I
23 would like to speak to it. And I appreciate
24 the courtesy that you granted me. But I was
25 going to go forwarded with a motion to
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1 reconsider.
2 Thank you, Senator Fuschillo.
3 ACTING PRESIDENT YOUNG: Senator
4 Montgomery, why do you rise?
5 SENATOR MONTGOMERY: Madam
6 President, I rise to also thank Senator
7 Fuschillo.
8 I think this is an act of
9 congeniality that is appropriate --
10 collegiality, I'm sorry, that is appropriate
11 for this house. We have always, as long as I
12 have been here, we have had a rule which
13 allows us to recall a vote by which a bill
14 passes, in the event that it slips by.
15 And I think that for Senator
16 Fuschillo to honor that now, even though it's
17 not a bill that we were trying to recall, we
18 now, I think, all of us understand that that
19 rule is still in place and we all have the
20 right to use it. And I'm very happy that
21 Senator Farley could benefit from that today.
22 So I thank you, and I shall
23 remember. Thank you.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: Madam
3 President, does anybody else want to thank me?
4 (Laughter.)
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Fuschillo.
7 SENATOR FUSCHILLO: Thank you
8 very much.
9 There will be an immediate meeting
10 of the Rules Committee in the Majority
11 Conference Room.
12 ACTING PRESIDENT YOUNG: The
13 Rules Committee will meet immediately in the
14 Majority Conference Room.
15 SENATOR FUSCHILLO: And the
16 Senate will stand at ease.
17 ACTING PRESIDENT YOUNG: The
18 Senate stands at ease.
19 (Whereupon, the Senate stood at
20 ease at 6:07 p.m.)
21 (Whereupon, the Senate reconvened
22 at 6:26 p.m.)
23 SENATOR FUSCHILLO: Madam
24 President.
25 ACTING PRESIDENT YOUNG: Could we
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1 have some order, please.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: May we please
4 return to the reports of standing committees.
5 I believe there's a report of the Rules
6 Committee at the desk.
7 ACTING PRESIDENT YOUNG: Reports
8 of standing committees.
9 The Secretary will read.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, reports the
12 following bills:
13 Senate Print 1241C, by Senator
14 Winner, an act to authorize;
15 1899B, by Senator Robach, an act to
16 amend the Education Law;
17 3410B, by Senator Robach, an act to
18 amend the Vehicle and Traffic Law;
19 3820C, by Senator Trunzo, an act to
20 amend the Real Property Tax Law;
21 4088B, by Senator Spano, an act to
22 amend the Education Law;
23 4749, by Senator Spano, an act to
24 amend the Vehicle and Traffic Law;
25 4782, by Senator Marchi, an act to
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1 amend the Executive Law and the Navigation
2 Law;
3 4898A, by Senator DeFrancisco, an
4 act to amend the Real Property Law;
5 5090, by Senator Leibell, an act to
6 amend the Public Health Law;
7 5182A, by Senator Johnson, an act
8 to amend the Public Officers Law;
9 5316, by Senator Stachowski, an act
10 to amend the Real Property Tax Law;
11 5432, by Senator Saland, an act to
12 amend the Education Law;
13 5441A, by Senator Nozzolio, an act
14 to amend the Penal Law;
15 5676A, by Senator Little, an act to
16 authorize;
17 5751, by Senator Meier, an act to
18 amend the Highway Law;
19 6021B, by Senator Golden, an act to
20 amend the Penal Law;
21 6604, by Senator LaValle, an act to
22 amend the Education Law;
23 6653, by Senator Bonacic, an act to
24 amend Chapter 613 of the Laws of 1996;
25 6661A, by Senator Padavan, an act
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1 to amend the Penal Law;
2 6672C, by Senator Morahan, an act
3 to provide;
4 6676, by Senator Morahan, an act to
5 amend the General Municipal Law;
6 6743, by Senator Padavan, an act to
7 amend the Education Law;
8 6906, by Senator DeFrancisco, an
9 act to amend the Penal Law;
10 6970, by Senator Valesky, an act to
11 authorize;
12 6972B, by Senator Maziarz, an act
13 to amend the Tax Law;
14 7105B, by Senator Seward, an act to
15 amend the General Business Law;
16 7205, by Senator Padavan, an act to
17 amend the Real Property Tax Law;
18 7504, by Senator Golden, an act to
19 amend the Real Property Tax Law;
20 7680, by Senator Maltese, an act to
21 amend Chapter 154 of the Laws of 1921;
22 7782B, by Senator Flanagan, an act
23 to amend the Tax Law;
24 7804, by Senator Spano, an act to
25 amend the Environmental Conservation Law;
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1 7930, by Senator Morahan, an act to
2 amend the Mental Hygiene Law;
3 7940, by Senator Padavan, an act to
4 amend the Administrative Code of the City of
5 New York;
6 7975, by Senator Marcellino, an act
7 to amend the Environmental Conservation Law;
8 8106, by Senator Rath, an act to
9 amend the Retirement and Social Security Law;
10 8188, by Senator Marcellino, an act
11 to amend the General Obligations Law;
12 8201, by Senator Golden, an act to
13 amend the Real Property Tax Law;
14 And Senate Print 8344, by Senator
15 Meier, an act to amend the Social Services Law
16 and the Family Court Act.
17 All bills ordered direct to third
18 reading.
19 ACTING PRESIDENT YOUNG: Senator
20 Fuschillo.
21 SENATOR FUSCHILLO: Move to
22 accept the report of the Rules Committee.
23 ACTING PRESIDENT YOUNG: All in
24 favor of accepting the report signify by
25 saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT YOUNG: Opposed,
3 nay.
4 (No response.)
5 ACTING PRESIDENT YOUNG: The
6 report is accepted.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Can we return
9 to motions and resolutions and please
10 recognize Senator Bonacic.
11 ACTING PRESIDENT YOUNG: Motions
12 and resolutions.
13 Senator Bonacic.
14 SENATOR BONACIC: Thank you,
15 Madam President.
16 On behalf of Senator Little, on
17 page number 59 I offer the following
18 amendments to Calendar Number 1555, Senate
19 Print Number 7748, and ask that said bill
20 retain its place on the Third Reading
21 Calendar.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Bonacic. The amendments are
24 received, and the bill will retain its place
25 on the Third Reading Calendar.
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1 SENATOR BONACIC: On behalf of
2 Senator Skelos, on page number 41 I offer the
3 following amendments to Calendar Number 1197,
4 Senate Print Number 7452, and ask that said
5 bill retain its place on the Third Reading
6 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 BONACIC: Thank you,
12 Madam President.
13 ACTING PRESIDENT YOUNG: Thank
14 you.
15 Senator Nozzolio.
16 SENATOR NOZZOLIO: Madam
17 President, I wish to call up my bill, Print
18 Number 7234A, recalled from the Assembly,
19 which is now at the desk.
20 ACTING PRESIDENT YOUNG: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 858, by Senator Nozzolio, Senate Print 7234A,
24 an act to amend the Real Property Tax Law.
25 SENATOR NOZZOLIO: Madam
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1 President, I now move to reconsider the vote
2 by which this bill was passed.
3 ACTING PRESIDENT YOUNG: Call the
4 roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 SENATOR NOZZOLIO: Madam
8 President, I now offer the following
9 amendments.
10 ACTING PRESIDENT YOUNG: The
11 amendments are received.
12 Senator Nozzolio.
13 SENATOR NOZZOLIO: Thank you,
14 Madam President.
15 On behalf of Senator Young, I wish
16 to call up Bill Number 7828, recalled from the
17 Assembly, which is now at the desk.
18 ACTING PRESIDENT YOUNG: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 1024, by Senator Young, Senate Print 7828, an
22 act to amend the Agriculture and Markets Law.
23 SENATOR NOZZOLIO: Madam
24 President, I now move to reconsider the vote
25 by which the bill was passed.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll on reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 SENATOR NOZZOLIO: On behalf of
6 Senator Young, I now offer the following
7 amendments.
8 ACTING PRESIDENT YOUNG: The
9 amendments are received. Thank you.
10 Senator Winner.
11 SENATOR WINNER: On page 69, I
12 offer the following amendments to Calendar
13 Number 1818, Print Number 7892, and ask that
14 said bill retain its place on Third Reading
15 Calendar.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Winner. The amendments are
18 received, and the bill will retain its place
19 on the Third Reading Calendar.
20 Senator Meier.
21 SENATOR MEIER: Thank you, Madam
22 President.
23 I wish to call up Senator Skelos's
24 bill, Print Number 7413, recalled from the
25 Assembly, which is now at the desk.
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1 ACTING PRESIDENT YOUNG: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 1531, by Senator Skelos, Senate Print 7413, an
5 act to amend the Nassau County Civil Divisions
6 Act.
7 SENATOR MEIER: Madam President,
8 I now move to reconsider the vote by which the
9 bill was passed.
10 ACTING PRESIDENT YOUNG: Call the
11 roll on reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 SENATOR MEIER: Madam President,
15 I now offer the following amendments.
16 ACTING PRESIDENT YOUNG: The
17 amendments are received.
18 SENATOR MEIER: Madam President,
19 on behalf of Senator LaValle, on page
20 number 26 I offer the following amendments to
21 Calendar Number 847, Senate Print Number
22 2864B, and ask that said bill retain its place
23 on the Third Reading Calendar.
24 ACTING PRESIDENT YOUNG: The
25 amendments are received, and the bill will
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1 retain its place on the Third Reading
2 Calendar.
3 SENATOR MEIER: Thank you, Madam
4 President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Meier.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Madam
9 President, may we please take up the
10 noncontroversial reading of Senate
11 Supplemental Calendar Number 58A.
12 ACTING PRESIDENT YOUNG: The
13 Secretary will read Supplemental Calendar
14 Number 58A.
15 THE SECRETARY: Calendar Number
16 1848, by Senator Winner, Senate Print 1241C,
17 an act to authorize the Department of Taxation
18 and Finance.
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 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1849, Senator Robach moves to
8 discharge, from the Committee on Education,
9 Assembly Bill Number 9234 and substitute it
10 for the identical Senate Bill Number 1899B,
11 Third Reading Calendar 1849.
12 ACTING PRESIDENT YOUNG:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1849, by Member of the Assembly Morelle,
17 Assembly Print Number 9234, an act to amend
18 the Education Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect July 1, 2007.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1850, Senator Robach moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 4914B and substitute it
10 for the identical Senate Bill Number 3410B,
11 Third Reading Calendar 1850.
12 ACTING PRESIDENT YOUNG:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1850, by Member of the Assembly Canestrari,
17 Assembly Print Number 4914B, an act to amend
18 the Vehicle and Traffic Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect on the first of
23 November.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT YOUNG: Announce
3 the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1851, by Senator Trunzo, Senate Print 3820C,
9 an act to amend the Real Property Tax Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of January
14 next succeeding.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1852, Senator Spano moves to
25 discharge, from the Committee on Education,
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1 Assembly Bill Number 6832B and substitute it
2 for the identical Senate Bill Number 4088B,
3 Third Reading Calendar 1852.
4 ACTING PRESIDENT YOUNG:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1852, by Member of the Assembly Magnarelli,
9 Assembly Print Number 6832B, an act to amend
10 the Education Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect September 1, 2007.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1853, Senator Spano moves to
25 discharge, from the Committee on
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1 Transportation, Assembly Bill Number 1728 and
2 substitute it for the identical Senate Bill
3 Number 4749, Third Reading Calendar 1853.
4 ACTING PRESIDENT YOUNG:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1853, by Member of the Assembly Brodsky,
9 Assembly Print Number 1728, an act to amend
10 the Vehicle and Traffic Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1854, by Senator Marchi --
25 SENATOR FUSCHILLO: Lay it aside
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1 for the day, please.
2 ACTING PRESIDENT YOUNG: The bill
3 is laid aside for the day.
4 THE SECRETARY: In relation to
5 Calendar Number 1855, Senator DeFrancisco
6 moves to discharge, from the Committee on
7 Rules, Assembly Bill Number 8053A and
8 substitute it for the identical Senate Bill
9 Number 4898A, Third Reading Calendar 1855.
10 ACTING PRESIDENT YOUNG:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1855, by Member of the Assembly Weprin,
15 Assembly Print Number 8053A, an act to amend
16 the Real Property Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 7. This
20 act shall take effect July 1, 2008.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Announce
24 the results.
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1856, by Senator Leibell, Senate Print 5090,
5 an act to amend the Public Health Law.
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 ACTING PRESIDENT YOUNG: Announce
14 the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1857, by Senator Johnson, Senate Print 5182A,
20 an act to amend the Public Officers Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 3. 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 ACTING PRESIDENT YOUNG:
4 Announce the results.
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: In relation to
9 Calendar Number 1858, Senator Stachowski moves
10 to discharge, from the Committee on Housing,
11 Construction and Community Development,
12 Assembly Bill Number 7919 and substitute it
13 for the identical Senate Bill Number 5316,
14 Third Reading Calendar 1858.
15 ACTING PRESIDENT YOUNG:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1858, by Member of the Assembly Hoyt, Assembly
20 Print Number 7919, an act to amend the Real
21 Property Tax Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1859, by Senator Saland, Senate Print 5432, an
11 act to amend the Education Law.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 18. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Announce
20 the results. Senator Montgomery.
21 SENATOR MONTGOMERY: Yes, Madam
22 President. I'm going to oppose this
23 legislation because there is no exemption, no
24 exception associated with it.
25 And there are areas in every single
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1 occupation where people can possibly function
2 very adequately, with all due safety, even
3 though they may have had some infraction in
4 their past. It may not even relate to what
5 they're doing. Yet these bills and this one
6 and others like it continue to exclude people
7 from doing anything at all, even maybe being a
8 cook in the kitchen or a dishwasher or a
9 janitor or whatever.
10 So I am going to oppose this
11 legislation because I think it is very
12 problematic. We keep doing this, and
13 eventually many people in our state will not
14 be able to work anywhere at all. The only
15 thing they will be able to do is spend a life
16 in prison.
17 So I'm going to vote against this.
18 I vote no.
19 ACTING PRESIDENT YOUNG: Thank
20 you, Senator Montgomery. You will be recorded
21 in the negative.
22 The Secretary will announce the
23 results.
24 THE SECRETARY: Ayes, 58. Nays,
25 2. Senators Hassell-Thompson and Montgomery
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1 recorded in the negative.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1862, by Senator Meier, Senate Print 5751, an
6 act to amend the Highway Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT YOUNG: Announce
15 the results.
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1863, by Senator Golden, Senate Print 6021B,
21 an act to amend the Penal Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 4. 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 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 1864, Senator LaValle moves to
11 discharge, from the Committee on Higher
12 Education, Assembly Bill Number 10279 and
13 substitute it for the identical Senate Bill
14 Number 6604, Third Reading Calendar 1864.
15 ACTING PRESIDENT YOUNG:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1864, by Member of the Assembly Canestrari,
20 Assembly Print Number 10279, an act to amend
21 the Education Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. 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 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 1865, Senator Bonacic moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 9993 and substitute it
13 for the identical Senate Bill Number 6653,
14 Third Reading Calendar 1865.
15 ACTING PRESIDENT YOUNG:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 1865, by Member of the Assembly Lopez,
20 Assembly Print Number 9993, an act to amend
21 Chapter 613 of the Laws of 1996.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. 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 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1866, by Senator Padavan, Senate Print 6661A,
11 an act to amend the Penal Law.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of
16 November.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Announce
21 the results.
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1867, by Senator Morahan, Senate Print 6672C,
2 an act to provide for the establishment.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 5. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1868, by Senator Morahan --
17 SENATOR FUSCHILLO: Lay it aside
18 for the day, please.
19 ACTING PRESIDENT YOUNG: The bill
20 is laid aside for the day.
21 THE SECRETARY: Calendar Number
22 1869, by Senator Padavan, Senate Print 6743,
23 an act to amend the Education Law.
24 ACTING PRESIDENT YOUNG: Read the
25 last section.
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1 THE SECRETARY: Section 2. The
2 amendments to paragraph (c) of subdivision 7
3 of Section 6206 of the Education Law made by
4 Section 2.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT YOUNG: Announce
9 the results.
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1870, by Senator DeFrancisco, Senate Print
15 6906, an act to amend --
16 SENATOR SCHNEIDERMAN: Lay it
17 aside.
18 ACTING PRESIDENT YOUNG: The bill
19 is laid aside.
20 THE SECRETARY: In relation to
21 Calendar Number 1871, Senator Valesky moves to
22 discharge, from the Committee on Local
23 Government, Assembly Bill Number 10213 and
24 substitute it for the identical Senate Bill
25 Number 6970, Third Reading Calendar 1871.
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1 ACTING PRESIDENT YOUNG: There is
2 a home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1872, Senator Maziarz moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 11594 and substitute it
18 for the identical Senate Bill Number 6972B,
19 Third Reading Calendar 1872.
20 ACTING PRESIDENT YOUNG:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1872, by Member of the Assembly Farrell,
25 Assembly Print Number 11594, an act to amend
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1 the Tax Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of a
6 sales tax quarterly period.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1873, Senator Seward moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 10490B, and substitute it
19 for the identical Senate Bill Number 7105B,
20 Third Reading Calendar 1873.
21 ACTING PRESIDENT YOUNG:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1873, by Member of the Assembly Destito,
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1 Assembly Print Number 10490B, an act to amend
2 the General Business Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 1874, Senator Padavan moves to
17 discharge, from the Committee on Cities,
18 Assembly Bill Number 10581 and substitute it
19 for the identical Senate Bill Number 7205,
20 Third Reading Calendar 1874.
21 ACTING PRESIDENT YOUNG:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1874, by Member of the Assembly Robinson,
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1 Assembly Print Number 10581, an act to amend
2 the Real Property Tax Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Announce
11 the results.
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1875, by Senator Golden, Senate Print 7504, an
17 act to amend the Real Property Tax Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Announce
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1 the results.
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1876, Senator Maltese moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 11094 and substitute it
9 for the identical Senate Bill Number 7680,
10 Third Reading Calendar 1876.
11 ACTING PRESIDENT YOUNG:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1876, by Member of the Assembly Cusick,
16 Assembly Print Number 11094, an act to amend
17 Chapter 154 of the Laws of 1921.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect upon enactment into law
22 by the State of New Jersey.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT YOUNG: Announce
2 the results.
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1878, by Senator Spano, Senate Print 7804, an
8 act to amend the Environmental Conservation
9 Law.
10 ACTING PRESIDENT YOUNG: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Ayes, 59. Nays,
20 1. Senator Winner recorded in the negative.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1879, Senator Morahan moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 11243 and substitute it
2 for the identical Senate Bill Number 7930,
3 Third Reading Calendar 1879.
4 ACTING PRESIDENT YOUNG:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1879, by Member of the Assembly Englebright,
9 Assembly Print Number 11243, an act to amend
10 the Mental Hygiene Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the 180th day.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Announce
19 the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1880, by Senator Padavan, Senate Print 7940,
25 an act to amend the Administrative Code of the
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1 City of New York.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 1881, Senator Marcellino moves
16 to discharge, from the Committee on Rules,
17 Assembly Bill Number 11457 and substitute it
18 for the identical Senate Bill Number 7975,
19 Third Reading Calendar 1881.
20 ACTING PRESIDENT YOUNG:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1881, by Member of the Assembly DiNapoli,
25 Assembly Print Number 11457, an act to amend
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1 the Environmental Conservation Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1882, by Senator Rath, Senate Print 8106, an
16 act to amend the --
17 SENATOR FUSCHILLO: Lay it aside
18 for the day, please.
19 ACTING PRESIDENT YOUNG: The bill
20 is laid aside for the day.
21 THE SECRETARY: Calendar Number
22 1883, by Senator Marcellino, Senate Print --
23 SENATOR HASSELL-THOMPSON: Lay it
24 aside.
25 ACTING PRESIDENT YOUNG: The bill
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1 is laid aside.
2 THE SECRETARY: Calendar Number
3 1884, by Senator Golden --
4 SENATOR HASSELL-THOMPSON: Lay it
5 aside.
6 ACTING PRESIDENT YOUNG: The bill
7 is laid aside.
8 THE SECRETARY: Calendar Number
9 1885, by Senator Meier, Senate Print 8344, an
10 act to amend the Social Services Law and the
11 Family Court Act.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Announce
20 the results.
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 That completes the noncontroversial
25 reading of Supplemental Calendar Number 58A.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: Madam
3 President, will you please take up the reading
4 of the controversial calendar.
5 ACTING PRESIDENT YOUNG: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 1870, by Senator DeFrancisco, Senate Print
9 Number 6906, an act to amend the Penal Law.
10 SENATOR HASSELL-THOMPSON:
11 Explanation.
12 ACTING PRESIDENT YOUNG: Senator
13 DeFrancisco, an explanation has been
14 requested.
15 SENATOR DeFRANCISCO: This bill
16 simply adds to the bodily fluids that, if
17 expelled upon a correction officer, would
18 result in aggravated harassment. Present law
19 says if you throw blood, seminal fluid, urine,
20 feces, it's aggravated harassment. So this
21 bill basically says there's other dangerous
22 bodily fluids, including saliva, spit and
23 sputum.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator.
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1 Senator Montgomery.
2 SENATOR MONTGOMERY: Yes, Madam
3 President. Would the sponsor yield for a
4 clarification question.
5 ACTING PRESIDENT YOUNG: Senator
6 DeFrancisco, do you yield?
7 SENATOR DeFRANCISCO: Yes.
8 SENATOR MONTGOMERY: Yes, thank
9 you.
10 Madam President, through you, I was
11 under the impression that there were any
12 number of measures that the corrections
13 already takes for people who do this kind of
14 awful act; i.e., muzzling them, or covering
15 their face and mouth, and covering their cells
16 so that they can't do -- throw stuff out of
17 the cell. And also they spend time in
18 lock-down.
19 That was my understanding, that
20 there were several measures that are used. Is
21 that not the case, to your understanding?
22 SENATOR DeFRANCISCO: Yes, those
23 are options. This is just another measure.
24 They're not mutually exclusive.
25 SENATOR MONTGOMERY: All right.
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1 Thank you, Senator DeFrancisco.
2 Madam President, on the bill.
3 ACTING PRESIDENT YOUNG: Senator
4 Montgomery, on the bill.
5 SENATOR MONTGOMERY: This is
6 another instance where certainly this is
7 behavior that is totally acceptable by any
8 means by anyone, certainly me. But
9 fortunately, DOCS has moved very aggressively
10 to deal with these kind of people. And I
11 think there could be perhaps nothing worse
12 than going into an SHU, which happens to many
13 people in this case.
14 It is no secret that many of the
15 individuals who do this kind of activity,
16 recognizing what the possible punishment will
17 be, are mentally ill. And so what we have now
18 is Senator DeFrancisco adding to the problem
19 as opposed to the solution. DOCS has tried to
20 come up with a solution. But this bill adds
21 to the problem by extending the sentence,
22 giving them another criminal charge while
23 they're inside, which only extends their
24 sentence much longer.
25 So while I certainly understand
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1 Senator DeFrancisco's abhorrence to this kind
2 of behavior -- I agree with him on that, but I
3 don't agree that this is necessary or the
4 method to deal with it. I think DOCS has a
5 much better solution and process.
6 So I'm voting no. Thank you.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Montgomery.
9 Senator Nozzolio.
10 SENATOR NOZZOLIO: Madam
11 President, on the bill.
12 ACTING PRESIDENT YOUNG: On the
13 bill.
14 SENATOR NOZZOLIO: Madam
15 President and my colleagues, I rise to support
16 Senator DeFrancisco's efforts to establish and
17 keep establishing workplace safety in our
18 correctional facilities.
19 That this issue is an issue that on
20 its surface may not appear, to those not
21 familiar with the dangers and practices in our
22 prisons, as one that seems like such a big
23 deal. But the fact of the matter is it is a
24 very big deal for those brave men and women
25 who work in our correctional facilities under
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1 the most adverse of circumstances.
2 That for many years the laws simply
3 tolerated correction officers and other
4 correctional personnel to be attacked by
5 inmates with their bodily fluids. That it was
6 not unusual for those in our jails in this
7 state, working in our jails, to be harassed by
8 inmates dousing them with their bodily fluids.
9 And up until just a few years ago, it was not
10 a crime for those to engage in that type of
11 behavior.
12 I had to work for many years with a
13 number of my colleagues in this chamber, some
14 who were also in the Assembly, to try to raise
15 to the level of criminality inmates attacking
16 correctional personnel with their bodily
17 fluids. We succeeded in achieving that.
18 You could snicker at that issue,
19 but the fact of the matter is it was a
20 question of potential transmission of very
21 serious diseases -- hepatitis, possibly HIV.
22 That with the transmission of using those
23 fluids as weapons, inmates in effect were
24 given no reprimand whatsoever until we changed
25 our laws.
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1 Senator DeFrancisco's measure
2 before us expands that protection to our
3 correctional personnel so that inmates no
4 longer will be able to use other bodily fluids
5 for weapons, as weapons. That there have been
6 inmates convicted under this provision of law
7 and sentenced to additional time because of
8 their behaviors.
9 And I can tell you that those who
10 work in our correctional facilities, the
11 correction officers, the teachers, the
12 maintenance personnel, they all thank us for
13 achieving this type of legal protection, so
14 that the clear signal is that district
15 attorneys will prosecute for this crime.
16 Madam President, it's an excellent
17 measure. And that Senator DeFrancisco is to
18 be congratulated for moving another step
19 towards a safer workplace for those men and
20 women who work under very adverse conditions
21 in our state correctional facilities.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Nozzolio.
24 Senator Hassell-Thompson.
25 SENATOR HASSELL-THOMPSON: Thank
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1 you, Madam President.
2 If the Senator would yield for a
3 couple of questions.
4 ACTING PRESIDENT YOUNG: Senator
5 DeFrancisco, do you yield?
6 SENATOR DeFRANCISCO: Yes.
7 ACTING PRESIDENT YOUNG: The
8 Senator yields.
9 SENATOR HASSELL-THOMPSON: Thank
10 you.
11 Through you, Madam President, I
12 wanted to be clear that I heard what I thought
13 I heard. And that was that you say that
14 spitting or any form of sputum was a possible
15 transmittal vehicle for what diseases?
16 SENATOR DeFRANCISCO: I didn't
17 say. I said it's -- I think Senator Nozzolio
18 mentioned a couple of diseases. But sputum
19 can contain infections, it can contain
20 infections such as hepatitis. Senator
21 Nozzolio mentioned that.
22 And it's an unhealthy situation. A
23 correction officer could be speaking with an
24 inmate and sputum could conceivably go into
25 the officer's mouth or on their face, later be
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1 put in the mouth indirectly.
2 So, you know, it's something that
3 is just an expansion of the existing law.
4 ACTING PRESIDENT YOUNG: Senator
5 Hassell-Thompson.
6 SENATOR HASSELL-THOMPSON: On the
7 bill.
8 ACTING PRESIDENT YOUNG: Senator
9 Hassell-Thompson on the bill.
10 SENATOR HASSELL-THOMPSON: Thank
11 you.
12 I guess my concern continues to be,
13 as that of Senator Duane, that we do not
14 continue to purport the possibility that
15 sputum is a vehicle or it is a bodily fluid
16 that could contain or could transmit HIV.
17 That is a misnomer.
18 And I think that we must be very
19 careful, because part of all of the public
20 health -- when we talk about public health
21 issues, we talk about properly educating
22 people about what is and what is not
23 transmittable and what the vehicles are. And
24 sputum and saliva are not transmitters of HIV.
25 And so I just wanted to be clear that that was
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1 not what this bill was purporting.
2 I certainly support the fact that
3 this is -- it's a -- I think the nastiest
4 thing you could do to any individual is to
5 spit on them or to cause sputum deliberately
6 and intentionally on any person. But I
7 certainly don't want us to misconstrue what
8 the reality is here.
9 ACTING PRESIDENT YOUNG: Senator
10 Nozzolio, why do you rise?
11 SENATOR NOZZOLIO: I respectfully
12 ask the Senator to yield.
13 ACTING PRESIDENT YOUNG: Senator
14 Hassell-Thompson, do you yield?
15 SENATOR HASSELL-THOMPSON: Yes, I
16 will yield.
17 ACTING PRESIDENT YOUNG: The
18 Senator yields.
19 SENATOR NOZZOLIO: Senator
20 Thompson, I certainly understand your line of
21 logic here.
22 But just to ask through the chair
23 that, Madam President, is Senator Thompson
24 aware that there are many very serious
25 diseases within our prison, particularly
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1 hepatitis, and that that disease certainly is
2 transmittable through human saliva?
3 ACTING PRESIDENT YOUNG: Senator?
4 SENATOR HASSELL-THOMPSON: Yes,
5 certainly I am very aware that there are
6 several strains of hepatitis that can, in
7 fact, be transmitted by way of sputum. And to
8 date, there are probably 12 new additional
9 strains which they are examining.
10 I speak specifically, however --
11 and I hope that you did not misunderstand.
12 And in case you did or anyone else did in this
13 chamber, I do not disagree that it is an
14 unhealthy practice. It is a nasty, low habit.
15 But that's not my issue. My issue
16 is to be sure that when we present, that we do
17 so correctly. Because it has taken millions
18 of dollars, of Health Department dollars to
19 educate the public properly and correctly
20 about whether or not sputum is a transmittable
21 bodily fluid for HIV. And that was my only
22 statement.
23 SENATOR NOZZOLIO: Madam
24 President, will Senator Thompson continue to
25 yield.
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1 ACTING PRESIDENT YOUNG: Senator
2 Hassell-Thompson, will you continue to yield
3 to Senator Nozzolio?
4 SENATOR HASSELL-THOMPSON: I
5 continue to yield.
6 SENATOR NOZZOLIO: Thank you,
7 Madam President. Thank you, Senator Thompson.
8 Senator Thompson's points are very
9 well taken. I just wish to ask if the Senator
10 is aware that the teachers and particularly
11 the nurses within our correctional facilities
12 of the state are extremely concerned that the
13 transmission of the disease and the readily
14 available transmission of disease through
15 bodily fluids could result in serious injury,
16 particularly to those healthcare workers and
17 other correctional personnel who are asked to
18 be involved in sometimes very intense
19 altercations within our prison facilities.
20 ACTING PRESIDENT YOUNG: Senator?
21 SENATOR HASSELL-THOMPSON: I am
22 fully aware, Senator. Through you, Madam
23 President, I am fully aware.
24 I hope that my clarification did
25 not in any way lead you or anyone to believe
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1 that I intend to vote against this bill,
2 because I don't.
3 However, again, my concern, as
4 someone who has worked in the healthcare
5 field, as someone who was a trainer and an
6 educator for HIV and AIDS, as someone in this
7 state who has gone across the state and taught
8 adherence to medication treatment as well as
9 transmittable vehicles, I would be
10 irresponsible if I did not spend the time that
11 I think is appropriate just to educate this
12 body that when we get caught up -- and we've
13 had this discussion in the past, but I think
14 it's very important that we be clear about
15 what diseases are transmitted by what
16 vehicles.
17 And that was the only question that
18 I raised, and I will in fact be voting for
19 this bill.
20 ACTING PRESIDENT YOUNG: Thank
21 you, Senator Hassell-Thompson.
22 Senator Nozzolio.
23 SENATOR NOZZOLIO: Thank you,
24 Madam President. Will Senator Thompson be so
25 kind as to continue to yield.
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1 ACTING PRESIDENT YOUNG: Senator,
2 do you yield?
3 SENATOR HASSELL-THOMPSON: Yes, I
4 will, Madam President.
5 ACTING PRESIDENT YOUNG: The
6 Senator yields.
7 SENATOR HASSELL-THOMPSON: Aching
8 leg and all.
9 SENATOR NOZZOLIO: Thank you,
10 Madam President. Thank you, Senator.
11 The question is -- and I certainly
12 understand your comments and respect them. I
13 think it's important to clarify these matters.
14 And I also believe it's important to clarify
15 intentions.
16 That this is important, extremely
17 important to those who work in our
18 correctional facilities. And I just wish to
19 add that it's -- an inmate could be bleeding,
20 and through the nose, mouth, teeth, whatever,
21 in an altercation in a correctional facility.
22 Oftentimes there are fights that correctional
23 personnel are called upon to break up. And
24 that blood certainly could be part of a sputum
25 issue.
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1 And I just wondered if Senator
2 Thompson would also acknowledge that as part
3 of something we'd like to try to prevent.
4 ACTING PRESIDENT YOUNG: Senator
5 Hassell-Thompson.
6 SENATOR HASSELL-THOMPSON:
7 Through you, Madam President. Since blood in
8 any form is a transmittable form of HIV, then
9 I would have to accept that under those
10 circumstances, yes. But that's already
11 covered as a bodily fluid in the language of
12 the existing law.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Hassell-Thompson.
15 Senator Nozzolio.
16 SENATOR NOZZOLIO: Madam
17 President, Senator Thompson is correct. It
18 has already been protected.
19 And I again thank the Senator for
20 yielding, and I appreciate her constructive
21 dialog on this matter.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator.
24 Senator Hassell-Thompson.
25 SENATOR HASSELL-THOMPSON: Thank
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1 you, Madam President.
2 ACTING PRESIDENT YOUNG: Any
3 Senator wishing to be heard?
4 The debate is closed.
5 The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of
9 November.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT YOUNG: Announce
14 the results.
15 Senator Nozzolio, to explain his
16 vote.
17 SENATOR NOZZOLIO: Thank you,
18 Madam President. My colleagues, again, I
19 thank those who are supporting this measure
20 because by --
21 ACTING PRESIDENT YOUNG: May we
22 have some order, please. Thank you.
23 Senator.
24 SENATOR NOZZOLIO: Thank you,
25 Madam President.
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1 I, in supporting this measure,
2 thank my colleagues who are supporting this
3 measure, because in doing so they're
4 supporting the brave men and women who work
5 behind the walls in our correctional
6 facilities. They walk the toughest beat in
7 law enforcement in America. They're steadfast
8 in their support. And this makes their jobs a
9 little bit safer.
10 Senator DeFrancisco expanding the
11 breadth of the protections that correctional
12 personnel have is just another way to make our
13 jails safer and make our jails a little less
14 dangerous to work in.
15 That we worked very hard to
16 establish this threshold. I am very happy
17 that there are district attorneys throughout
18 the state that are prosecuting this crime,
19 actively, to protect those men and women who
20 work in our correctional facilities. And I
21 thank this body for taking another step to
22 make our jails a safer place to work.
23 Madam President, I vote aye.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Nozzolio. You will be recorded
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1 in the affirmative.
2 Announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 1870: Senator
5 Montgomery.
6 Those Senators absent from voting:
7 Senators Duane and Marchi.
8 Ayes, 57. Nays, 1.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1883, by Senator Marcellino, Senate Print
14 8188, an act to amend the General Obligations
15 Law.
16 ACTING PRESIDENT YOUNG: Senator
17 Schneiderman.
18 SENATOR SCHNEIDERMAN: Thank you,
19 Madam President. I'm going to speak on the
20 bill to save us time at this late hour.
21 I think we're all familiar with
22 this bill in this house. This is a bill that
23 is here as a Governor's program bill. Senator
24 Marcellino is doing his duty as our chair of
25 Environmental Conservation. Before him, it
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1 was carried by Senator Saland, Senator Kuhl,
2 Senator Hoffmann, back to Senator Cook, in one
3 form or another.
4 It is a bill that has been a
5 chestnut as a one-house bill and should pass
6 from the scene as a one-house bill this year.
7 And I do not believe that the next governor is
8 going to introduce it as a program bill.
9 The reason this bill doesn't get
10 anywhere, in spite of the vigorous debates
11 that occasionally erupt in relation to it, is
12 that this bill would take -- again, would be
13 an assault on the law of negligence in the
14 State of New York. This would say that a
15 private landowner or their tenants or people
16 who just maintain the property, who open their
17 land, agree that their land can be used for
18 any recreational use -- basketball,
19 skateboarding, anything -- would be exempted
20 from the ordinary rules of the law of
21 negligence.
22 And again, this came up earlier
23 today in the context of Senator Balboni's
24 bill. Exempting people from the rule of
25 negligence is a very serious blow to the
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1 balance created by America's system of
2 justice. All negligence requires, all the
3 landowners have to do to avoid being liable
4 for negligence is to behave reasonably.
5 Again, Black's Law Dictionary
6 defines negligence as the failure to exercise
7 reasonable care towards others. So we're not
8 talking about people having to be perfect,
9 we're not saying any little slip and you're
10 liable. We're saying if you act
11 unreasonably -- if there is a swimming pool
12 with broken glass in it and you don't put a
13 fence around it, you don't have a sign that
14 says "Children Keep Out," that might be
15 unreasonable. And it's a fact-by-fact
16 situation.
17 This bill takes an area of law in
18 which there are some very narrow exemptions --
19 hunting, fishing, organized gleaning, which I
20 know is something that Senator Smith and
21 Senator Hassell-Thompson like to engage in,
22 boating, trapping, hiking -- that makes it
23 clear we're talking about areas that are more
24 or less wilderness areas, areas in the wild,
25 and instead says any recreational use.
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1 Which is a huge expansion of the
2 pieces of property in our state as to which a
3 landowner or tenant, whoever is in control of
4 that property, is exempted from their
5 responsibility to fence it off, to post it, to
6 take all reasonable care to keep people and
7 particularly children from being injured.
8 So I'm opposed to this bill for the
9 same reason I opposed its predecessors. I
10 think that we should be able to engage in our
11 organized gleaning or other activities as we
12 wish, which we're allowed to under the current
13 state of law.
14 There also, as I have to note --
15 and this has been called to my attention by
16 prior sponsors of this bill -- there is a body
17 of case law that defines what we're talking
18 about for property, but that body of case law
19 is based on the definition of property as
20 essentially property used for recreational
21 activities in, you know, in the wild --
22 hang gliding, snowmobile operation, that kind
23 of thing.
24 So when you make it any other
25 recreational use, it opens up a whole broad
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1 area of property that would thereby be exempt
2 from any requirement that the landowner behave
3 reasonably to provide notice, to provide
4 protection to the public.
5 We're talking about recreation.
6 That means we're talking about a lot of
7 children in this state who would not be
8 protected as well as they are today if this
9 bill were to become law.
10 I don't think we're going to be
11 seeing this bill again with a new governor, so
12 let's bid it adieu as a one-house chestnut.
13 I'm going to be voting no, with a little bit
14 of nostalgia for it. I know Senator Balboni
15 joins me in that.
16 Thank you, Madam President.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Schneiderman.
19 Senator Montgomery.
20 SENATOR MONTGOMERY: Yes, thank
21 you, Madam President. I just want to make a
22 comment on this legislation, and certainly on
23 the bill.
24 ACTING PRESIDENT YOUNG: On the
25 bill.
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1 SENATOR MONTGOMERY: Thank you.
2 I am not by any means an expert,
3 and I really have never been involved in this
4 debate. However, I do want to say one thing.
5 It is very difficult now for children in my
6 district, even my own son has been barred from
7 doing any activity on the grounds where we
8 live. And the reason for that is that the
9 co-op is desperately afraid of having any kind
10 of lawsuit. So none of the children who live
11 in the development can utilize the grounds for
12 any activity.
13 And children are not allowed to
14 have recreational activities, physical
15 activities, in many places in New York City
16 because of the fear of lawsuits.
17 So in a sense we have severely
18 curtailed the opportunity for young people to
19 have the kind of physical activity that would
20 prevent them from becoming obese, that would
21 give them an opportunity to develop skills in
22 certain sports and so forth and so on.
23 So I really am not sure that this
24 bill would help with that situation. But,
25 Madam President, I do assure you that there is
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1 a very big problem with having recreational
2 areas, especially outdoor areas, being subject
3 to lawsuits which end up being an obstacle to
4 having young people, especially in the urban
5 areas, with very limited access to outdoor
6 activities, that they are curtailed from doing
7 anything because of the fear of lawsuits.
8 So I just want to make that
9 statement, be on record saying that. And if I
10 decide to support the legislation, I would
11 like for you to understand why I'm doing that.
12 Thank you.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator.
15 Any other Senator wishing to be
16 heard?
17 The debate is closed.
18 The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT YOUNG: Senator
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1 DeFrancisco, to explain his vote.
2 SENATOR DeFRANCISCO: Yes, I'm
3 voting no. And I've got an actual, real-life
4 case under existing law to show why a bill
5 like this is not good.
6 There's a client of mine who was on
7 a reservoir near a hydroelectric plant that is
8 used commonly for fishing in the North
9 Country. He was with his 12-year-old son.
10 And they did not allow, this
11 hydroplant did not allow the fishing and the
12 use of that facility due to their goodness of
13 their hearts; it was part of the requirement
14 of their license to allow people to use that
15 for recreation.
16 Well, what ended up happening,
17 without notifying anybody, without any
18 notices, any warnings or whatever, they opened
19 the floodgates because the -- over the dam the
20 water was too high. No sirens, no warnings,
21 no anything.
22 Well, the two of them were carried
23 through the place that they'd been on many
24 times, carried through the floodgates, went
25 down 60 feet. The father has got one leg
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1 shorter than the other, and thank God the son
2 was not hurt other than minor abrasions and so
3 forth.
4 The case was thrown out because
5 allowing this -- under existing law, that they
6 were immune, even though they were required to
7 do recreational use under their license. It
8 went up on appeal, same thing citing this
9 statute. No reason for any compensation.
10 Now, I think that's wrong, and I
11 think an expansion of a bill like that is
12 wrong. That's why I'm voting no.
13 ACTING PRESIDENT YOUNG: Senator
14 DeFrancisco will be recorded in the negative.
15 Senator Morahan, to explain his
16 vote.
17 SENATOR MORAHAN: Thank you,
18 Madam President.
19 First, I would like to commend
20 Senator Marcellino for proposing this law,
21 this bill. It's well-intentioned but I think
22 misdirected.
23 My concern is, frankly, that it is
24 too broad, as has been stated in the opening
25 dialogue. I think we need more space for our
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1 children, but that can be done through Little
2 League, that can be done through towns,
3 municipalities, villages.
4 And I think just to open it up so
5 wide that the mere fact that you've opened it
6 up -- we don't know the condition of the
7 property, we don't know anything about the
8 property. So I think while it's
9 well-intentioned, I can't support it. So I'm
10 going to be voting no.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Morahan. You will be recorded in
13 the negative.
14 Senator Marcellino, to explain his
15 vote.
16 SENATOR MARCELLINO: Yes, Madam
17 President, briefly.
18 I thank my colleagues for their
19 comments. And I tell you that should this
20 bill come back next year, I will work with
21 Governor-elect Faso to make it an even better
22 bill.
23 (Laughter.)
24 SENATOR MARCELLINO: I vote aye.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator Marcellino. You will be recorded
2 in the affirmative.
3 Announce the results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1883 are
6 Senators Breslin, Connor, Coppola,
7 DeFrancisco, Dilan, Gonzalez,
8 Hassell-Thompson, Klein, L. Krueger, Morahan,
9 Onorato, Parker, Paterson, Sabini, Sampson,
10 Savino, Schneiderman, Serrano, A. Smith,
11 Stachowski and Stavisky. Also in the
12 negative, Senator Montgomery.
13 Those Senators absent from voting:
14 Senators Duane and Marchi.
15 Ayes, 36. Nays, 22.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1884, by Senator Golden, Senate Print 8201, an
21 act to amend the Real Property Tax Law.
22 SENATOR LIZ KRUEGER:
23 Explanation.
24 ACTING PRESIDENT YOUNG: Senator
25 Golden, an explanation has been requested.
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1 SENATOR GOLDEN: Thank you, Madam
2 President.
3 The 421-a has allowed for
4 affordable housing and gives tax benefits to
5 those with 421-a housing. It has been in
6 operation since 1971, has allowed for 130,000
7 units to be built in New York City. And this
8 is a New York City bill, and it is an extender
9 for one year to the year 2007.
10 ACTING PRESIDENT YOUNG: Thank
11 you, Senator.
12 Senator Krueger.
13 SENATOR LIZ KRUEGER: Thank you,
14 Madam President. On the bill.
15 ACTING PRESIDENT YOUNG: On the
16 bill.
17 SENATOR LIZ KRUEGER: So the City
18 of New York has actually created a task force
19 to reevaluate the 421-a program, based on the
20 fact that there's enormous data that at least
21 over the last decade this program, at least in
22 its existing form, has ended up being a
23 subsidy program not for affordable housing but
24 in fact, in many cases, luxury units.
25 For the record, many of the units
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1 that have been created under 421-a actually
2 are in my district. And as most people might
3 be aware, my district is now some of the most
4 expensive real estate in the country if not
5 the world. And the data shows that the 421-a
6 tax exemptions are not being used to build
7 affordable housing in my district, but are
8 often being used by luxury developers.
9 Some of the most expensive towers
10 in my district that have gone up in the last
11 decade have taken advantage of the 421-a
12 program. And in fact, in a recently reported
13 New York Times story from April 12, 2006, they
14 profiled 10 apartment buildings that got tax
15 breaks under 421-a, with an individual
16 building owner averaging $9.4 million in tax
17 deductions during the period of the tax break,
18 but not one of the buildings included a
19 2-bedroom apartment renting for less than
20 $2,000 a month.
21 The report went on to analyze that
22 in the TriBeCa area of the city, the
23 apartments that were getting 421-a exemptions
24 were renting for as much as $4200 to $5000 a
25 month.
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1 In 1971, when 421-a was first
2 created, it was a very different situation in
3 the City of New York. And I would argue that
4 at one time this was a reasonable model for
5 tax exemptions. But in 2006, it is estimated
6 that the City of New York will lose annually
7 over $300 million in taxes due to the 421-a
8 system and that tax loss will have very little
9 correlation to the increased building of
10 affordable units. Imagine what we could do in
11 the City of New York with another $320 million
12 to build affordable housing.
13 So despite the fact that the 421-a
14 program is, I would argue, most frequently
15 used in my own district, it is the wrong
16 answer for the 21st century for the City of
17 New York. I look forward to the Mayor's task
18 force coming out with their report on
19 recommendations for radically reforming this
20 program.
21 And I do not see any motivation for
22 us to wish to extend this program even for
23 another year, because as I read this bill this
24 would allow for continued exemptions for new
25 developments commencing before December 2007
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1 through December 2008. And since we're really
2 only in June 2006, what this bill, if it
3 became law, would do is to extend the
4 existence of a program that has already shown
5 itself to no longer be appropriate for
6 building appropriate housing in the City of
7 New York through the end of 2008.
8 And even though the Mayor's people,
9 I am advised, are not yet ready to make their
10 recommendations for changes in the law, I
11 personally think it would be fine to allow
12 this law to sunset and start again with new
13 recommendations out of the city.
14 I'll be voting no. Thank you,
15 Madam President.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Krueger.
18 Any other Senator wishing to be
19 heard?
20 Senator Golden.
21 SENATOR GOLDEN: On the bill,
22 Madam President.
23 ACTING PRESIDENT YOUNG: Senator
24 Golden, on the bill.
25 SENATOR GOLDEN: I thank the
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1 Senator for her statements on 421-a. And I
2 too believe that 421-a should be used for
3 affordable housing.
4 But this 421-a has allowed for
5 tremendous construction of new housing in the
6 City of New York. And I will point out that
7 Senator Krueger voted aye the last time, and
8 this has been voted unanimously in the past.
9 And I vote aye. Thank you.
10 ACTING PRESIDENT YOUNG: Thank
11 you, Senator Golden.
12 Senator Montgomery.
13 SENATOR MONTGOMERY: Yes, Madam
14 President. My district, similar to how
15 Senator Krueger describes her district, my
16 district is simply being overbuilt with
17 basically very, very high-end luxury
18 condominiums. And because of the location
19 where I am, these condominiums, these
20 developers have, as a right, access to 421-a
21 tax abatement.
22 And I think, in the least, when and
23 if we renew the 421-a or extend the 421-a
24 program, it should require that it be targeted
25 to those buildings that afford middle-income
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1 working people an opportunity to be able to
2 live and work in the city.
3 So I'm going to oppose this
4 straight-out extension because it does not
5 contain any requirement for developers to do
6 affordable housing. And so they're building
7 luxury condos and they're advertising them
8 that they start at $550,000 for a small condo
9 unit in a building on the corner of X and
10 Y Avenue. So this really does not help people
11 in New York City.
12 This is a developer's program. In
13 my opinion, it's the developer's welfare
14 program. We should end it. At least we
15 should target it to housing that is the most
16 needed, to the most-needed New Yorkers. I
17 would like to see teachers and police officers
18 and firemen and the young families and artists
19 be able to continue to live in my district.
20 And as it goes now, they're not, and we're
21 subsidizing their displacement.
22 So I'm going to vote no.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Montgomery.
25 Any other Senator wishing to be
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1 heard?
2 Senator Schneiderman.
3 SENATOR SCHNEIDERMAN: Thank you,
4 Madam President.
5 I'll try to be brief because this
6 is, I believe, the last bill we're going to be
7 doing today. But I really do want to urge my
8 colleagues to consider what Senator Krueger
9 and Senator Montgomery have talked about.
10 The Mayor has just convened a task
11 force on tax breaks for housing developers,
12 yet we're rushing forward with this bill today
13 to extend the 421-a program without any reform
14 to the program without waiting for the results
15 or findings of that task force.
16 Two housing advocacy groups,
17 Habitat for Humanity in New York City and the
18 Pratt Center for Community Development,
19 released a report in April essentially
20 documenting the fact that the 421-a -- and I'm
21 quoting from the report: "In its present
22 form, the 421-a program is a massive misuse of
23 the tax dollars of New York City residents."
24 "It continues to subsidize luxury
25 homes in expensive neighborhoods with nearly
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1 80 percent of the benefits going in Manhattan.
2 It subsidizes buildings that would have been
3 built anyway, at an annual cost to the city of
4 $300 million and rising fast, and it creates
5 very little affordable housing."
6 Ladies and gentlemen, we should at
7 least consider reforms to the system. We
8 should at least allow the Mayor's task force
9 to complete its work before we vote to extend
10 it without any reforms.
11 There are others who are testifying
12 and submitting information to the task force
13 in addition to these groups, but it is clear
14 that we are not getting our bang for the buck
15 and this program, at the very least, is
16 subsidizing developments that would get built
17 because of the nature of the market whether or
18 not they received a subsidy.
19 Let's concentrate on the crisis for
20 low- and moderate-income people in our city
21 who cannot afford to live in the communities
22 that they come from. Let us concentrate on
23 that. Let us reform this program before we
24 renew it.
25 I'm going to be voting no, Madam
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1 President.
2 ACTING PRESIDENT YOUNG: Thank
3 you, Senator Schneiderman.
4 Senator Connor.
5 SENATOR CONNOR: Thank you, Madam
6 President.
7 You know, we had a big fight over
8 this years ago and tried to make some of these
9 programs not applicable to Manhattan. But,
10 you know, the market has changed so much where
11 we are now.
12 In my district in Brooklyn, in
13 downtown Brooklyn, they are building. They
14 are building in every available space they can
15 find, and they are building very, very
16 expensive apartments. You know, efficiencies
17 start at $800,000 and a one-bedroom,
18 $1.1 million; a two-bedroom, $1.4 million.
19 They sell out before they finish building or
20 converting, in some cases, old factory
21 buildings.
22 Once upon a time we needed this
23 kind of incentive program. There was no
24 market. There were no people willing to
25 invest in building in New York City. Now
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1 they're tripping over each other to build.
2 One potential project, they paid --
3 the developer paid $110 million for an old
4 factory loft building, was converting it into
5 very expensive condominiums. And the buyers
6 of the condominiums will get the tax subsidy
7 from 421-a. Anybody who buys an apartment for
8 $2 million or $3 million doesn't really need a
9 whole lot of help from City of New York's
10 taxpayers to get there.
11 And what I'm concerned about -- and
12 by the way, Senator Krueger mentioned my
13 district, TriBeCa. I think actually TriBeCa
14 has gotten more expensive than the Upper East
15 Side. And once upon a time there was no
16 TriBeCa. When I was first elected, it was
17 just a bunch of lofts over there.
18 The Lower East Side, the Lower East
19 Side -- where, frankly, it was pretty rough in
20 Alphabet City 20 years ago, 25 years ago when
21 I was representing it -- now the long-time
22 residents are being chased out, rents have
23 skyrocketed, new construction is going up
24 wherever it can. But it's very, very
25 expensive. There are virtually no set-asides
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1 for affordable housing.
2 When I say "affordable," I don't
3 just mean housing for the poor, I mean for
4 working families, middle-middle-class families
5 can't afford to live there anymore. In a
6 neighborhood that 25 years ago you would have
7 talked about as one of the classic poorer slum
8 neighborhoods in New York City.
9 So we really need to revisit this.
10 I'm not saying we shouldn't have a housing
11 program. Where are the set-asides for
12 affordable housing? Oh, occasionally if you
13 get a developer that needs a zoning variance,
14 local officials can squeeze them for -- and
15 they used to say we can't afford to set aside
16 more than 15 to 20 percent; the numbers don't
17 work. Well, at today's numbers you can afford
18 to set aside 40 to 50 percent of these units
19 for affordable and still make money if you're
20 a developer.
21 So we shouldn't be subsidizing
22 rampant greed. We should be subsidizing
23 responsible development.
24 My only dilemma about this bill is
25 it's a one-year extender and I do think we
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1 need to have some reliability or
2 predictability if we're going to encourage
3 people to continue to build, because these
4 things don't get built overnight. So if I
5 thought this were going to be close, I might
6 be tempted to say, well, okay, one more
7 extension.
8 But the Mayor has appointed a panel
9 to investigate changes. I think we ought to
10 keep his feet to the fire. I'm not saying I
11 would let this expire at the end of this year,
12 but something tells me we'll be back before
13 then if we needed a six-month sentence.
14 But I'd rather do an extension with
15 changes. We really need to take a look at
16 what's going on. Look, it's not bad that
17 people are willing to invest a lot of money in
18 New York City and create new housing. What is
19 bad is we are quickly heading toward what you
20 see in Paris, where the poor people live in
21 the suburbs. And those of who you represent
22 the near suburbs may be noticing demographic
23 change in the districts you represent. It's
24 because working-class people and poor people,
25 in between jobs or have those kind of jobs
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1 that aren't that stable, low-income, are being
2 pushed out to the suburbs.
3 If you go to Paris, the poorest
4 people live in the farthest suburbs. And back
5 when they had all those disturbances last
6 year, it was in the suburbs. Why? Only the
7 wealthy can live in the city. Well, that's
8 what's starting to happen in New York. And
9 not just Manhattan, it's starting to happen in
10 large parts of Brooklyn, it's getting into
11 Queens, it's happening throughout the city.
12 Folks can't afford to live in Harlem anymore
13 if you've got to pay market. That's a hot
14 neighborhood. I mean, you name it.
15 So we really have to take a look at
16 what we're doing here, or else the poorest
17 people will have to pay the most
18 transportation costs -- which we know are
19 increasing because of energy considerations --
20 to get to the lowest-paid jobs in the city.
21 And you're going to be talking about the poor
22 suburbs in many, many cases before long.
23 So I'm going to vote no as a
24 protest and encourage the city do something
25 about this. Let's have a housing incentive
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1 program for the 21st century. This was a
2 program for the 1970s and 1980s. The market
3 conditions, the economy of the city were far
4 different then. Let's have a program for now.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Connor.
7 Any other Senator wishing to be
8 heard?
9 The debate is closed.
10 The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT YOUNG: Announce
18 the results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 1884 are
21 Senators Breslin, Connor, Coppola, Diaz,
22 Dilan, L. Krueger, C. Kruger, Montgomery,
23 Onorato, Oppenheimer, Padavan, Parker,
24 Paterson, Savino, Schneiderman, Serrano, and
25 Stachowski.
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1 Absent from voting: Senators Duane
2 and Marchi.
3 Ayes, 41. Nays, 17.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 That concludes the reading of the
7 controversial calendar for Supplemental
8 Calendar Number 58A.
9 Senator Fuschillo.
10 SENATOR FUSCHILLO: Madam
11 President, is there any other business at the
12 desk?
13 ACTING PRESIDENT YOUNG: We have
14 housekeeping, Senator.
15 SENATOR FUSCHILLO: Please take
16 up the motions.
17 ACTING PRESIDENT YOUNG: Senator
18 Nozzolio.
19 SENATOR NOZZOLIO: Thank you,
20 Madam President.
21 On page 9 I offer the following
22 amendments to Calendar Number 244, Senate
23 Print Number 6471D, and ask that said bill
24 retain its place on Third Reading Calendar.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator. The amendments are received,
2 and the bill will retain its place on the
3 Third Reading Calendar.
4 Senator Nozzolio.
5 SENATOR NOZZOLIO: Madam
6 President, on page 8 I offer the following
7 amendments to Calendar Number 226, Senate
8 Print Number 6015A, on behalf of Senator
9 Seward, and ask that said bill retain its
10 place on Third Reading Calendar.
11 ACTING PRESIDENT YOUNG: The
12 amendments are received, and the bill will
13 retain its place on the Third Reading
14 Calendar.
15 Thank you, Senator.
16 Senator Little.
17 SENATOR LITTLE: Thank you, Madam
18 President.
19 On behalf of Senator Seward, I wish
20 to call up Senate Print Number 7040, recalled
21 from the Assembly, which is now at the desk.
22 ACTING PRESIDENT YOUNG: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 727, by Senator Seward, Senate Print 7040, an
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1 act in relation to legalizing.
2 SENATOR LITTLE: Madam President,
3 I now move to reconsider the vote by which the
4 bill was passed.
5 ACTING PRESIDENT YOUNG: Call the
6 roll on reconsideration.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 SENATOR LITTLE: Madam President,
10 I now offer the following amendments.
11 ACTING PRESIDENT YOUNG: The
12 amendments are received.
13 Senator Fuschillo.
14 SENATOR FUSCHILLO: Madam
15 President, there will be a meeting of the
16 Rules Committee tomorrow, June 20th, at
17 11:30 a.m. in the Majority Conference Room.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator. There will be a Rules Committee
20 meeting tomorrow at 11:30 in the Majority
21 Conference Room.
22 SENATOR FUSCHILLO: There being
23 no further business, I move we adjourn until
24 Tuesday, June 20th, at 1:00 p.m.
25 ACTING PRESIDENT YOUNG: On
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1 motion, the Senate stands adjourned until
2 Tuesday, June 20th, at 1:00 p.m.
3 (Whereupon, at 7:46 p.m., the
4 Senate adjourned.)
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