Regular Session - June 22, 2006
5488
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 22, 2006
11 10:30 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, June 21, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, June 20,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 As we near the close of this
25 session, I want to thank each and every one of
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1 you for your cooperation.
2 Senator Bruno, obviously, as our
3 Majority Leader, without his efficiency and
4 his diligence, we never could have
5 accomplished all that we have.
6 I thank Senator Bruno, Senator
7 Paterson, before him -- because for me, this
8 is -- we may be seeing each other again later
9 in the year, but we may not. So I want to
10 thank Senator Paterson's predecessor, Senator
11 Connor, as well as each and every one of you.
12 You have made this, and I mean this
13 from the bottom of my heart, you have made
14 this a very enjoyable experience for me, with
15 the bipartisan cooperation. We've moved the
16 calendars ahead smoothly, I think, because of
17 that spirit of bipartisan cooperation, for the
18 benefit of the people.
19 And I'm confident we're going to
20 close this session in the same manner. Right?
21 Is there agreement? Can we vote on that? All
22 in favor, please signify by saying aye.
23 I wish you the very best. I feel a
24 bond, a positive bond with each and every one
25 of you. Where's Senator Duane? That includes
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1 him too.
2 Have a great summer, and I look
3 forward to seeing all of you again. Good
4 luck.
5 (Extended applause.)
6 THE PRESIDENT: Presentation of
7 petitions.
8 Messages from the Assembly.
9 Messages from the Governor.
10 Reports of standing committees.
11 The Secretary will read.
12 THE SECRETARY: Senator
13 DeFrancisco, from the Committee on Judiciary,
14 reports the following nomination.
15 As a judge of the Oneida Family
16 Court, Randal B. Caldwell, of Utica.
17 THE PRESIDENT: Senator
18 DeFrancisco.
19 SENATOR DeFRANCISCO: Yes, thank
20 you, Madam President.
21 I rise to move the nomination of
22 Randal Caldwell for the position of judge of
23 the Oneida County Family Court.
24 The Governor as well as the Senate
25 have reviewed his qualifications and his
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1 submissions. He appeared before the Judiciary
2 Committee today and was determined to be
3 qualified and passed unanimously to the full
4 Senate.
5 And I would move that nomination
6 and request that you call on Senator Meier to
7 second.
8 THE PRESIDENT: Senator Meier.
9 SENATOR MEIER: Thank you, Madam
10 President.
11 I'm pleased to rise to second the
12 nomination of Randal Caldwell as a judge of
13 the Family Court for Oneida County. I have
14 known Randy Caldwell for many years as a
15 practicing lawyer, and he brings significant
16 experience to this position.
17 His legal background encompasses
18 serving as a law clerk, as an assistant
19 district attorney, where he prosecuted every
20 manner of case as a municipal attorney serving
21 for the towns of Marcy and Deerfield, as a
22 privately practicing attorney, where he's had
23 the kinds of varied experience that is
24 necessary for Family Court. And also
25 presently serving as the county attorney of
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1 Oneida County, which, as everyone knows, is a
2 position which holds significant
3 responsibilities before the Family Court.
4 One of the things I think that I
5 always look for as we review judicial
6 candidates is whether the candidate has a
7 rounded life outside of the law office and the
8 courtroom, because that tells you something
9 about the person's character. And Randy
10 Caldwell is such a person. He serves as a
11 volunteer fireman, he's coached both baseball
12 and hockey, working with kids in the community
13 where he practices law.
14 And it shows you, I think, that he
15 understands that you need to do more than just
16 make your living practicing law, you need to
17 put something back into the community.
18 And I would suspect that in
19 particular his work as a volunteer fireman
20 will serve him well in Family Court, where
21 you're going to put out a few fires now and
22 again.
23 He is my good friend, he's a great
24 lawyer, he's going to be a great judge. And,
25 Madam President, I'm pleased to second his
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1 nomination.
2 THE PRESIDENT: All in favor of
3 the nomination of Randal B. Caldwell, of
4 Utica, as a judge of the Oneida Family Court
5 please signify by saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The nominee is
10 hereby confirmed.
11 Congratulations, Judge Caldwell,
12 and best wishes for success.
13 (Applause.)
14 THE PRESIDENT: Judge Caldwell is
15 accompanied today by his uncle, Robert
16 Basmajian, and his secretary, Rose Grimaldi.
17 Have a great celebration.
18 Reports of select committees.
19 Communications and reports from
20 state officers.
21 Motions and resolutions.
22 SENATOR ROBACH: Madam President,
23 are there any motions or substitutions at the
24 desk?
25 THE PRESIDENT: Yes, there are,
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1 Senator.
2 The Secretary will read.
3 THE SECRETARY: On page 10,
4 Senator Young moves to discharge, from the
5 Committee on Rules, Assembly Bill Number 3676D
6 and substitute it for the identical Senate
7 Bill Number 568C, Third Reading Calendar 334.
8 On page 10, Senator Young moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 9703A and substitute it
11 for the identical Senate Bill Number 6508A,
12 Third Reading Calendar 343.
13 On page 18, Senator Winner moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 9995A and substitute it
16 for the identical Senate Bill Number 6767A,
17 Third Reading Calendar 707.
18 On page 20, Senator Spano moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 10922B and substitute it
21 for the identical Senate Bill Number 7318B,
22 Third Reading Calendar 752.
23 On page 23, Senator Flanagan moves
24 to discharge, from the Committee on Commerce,
25 Economic Development and Small Business,
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1 Assembly Bill Number 10327 and substitute it
2 for the identical Senate Bill Number 7152,
3 Third Reading Calendar 851.
4 On page 30, Senator Wright moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 891F and substitute it
7 for the identical Senate Bill Number 5005F,
8 Third Reading Calendar 1044.
9 On page 31, Senator Saland moves to
10 discharge, from the Committee on Rules,
11 Assembly Bill Number 9907A and substitute it
12 for the identical Senate Bill Number 6871A,
13 Third Reading Calendar 1099.
14 On page 35, Senator Little moves to
15 discharge, from the Committee on Finance,
16 Assembly Bill Number 10724 and substitute it
17 for the identical Senate Bill Number 7740,
18 Third Reading Calendar 1185.
19 On page 39, Senator Winner moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 10680A and substitute it
22 for the identical Senate Bill Number 7246A,
23 Third Reading Calendar 1281.
24 On page 40, Senator Seward moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 11199B and substitute it
2 for the identical Senate Bill Number 7737B,
3 Third Reading Calendar 1323.
4 On page 48, Senator LaValle moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 10409B and substitute it
7 for the identical Senate Bill Number 7081B,
8 Third Reading Calendar 1498.
9 On page 51, Senator Padavan moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 9935B and substitute it
12 for the identical Senate Bill Number 6719B,
13 Third Reading Calendar 1611.
14 On page 53, Senator Golden moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 11255A and substitute it
17 for the identical Senate Bill Number 7885C,
18 Third Reading Calendar 1744.
19 On page 55, Senator DeFrancisco
20 moves to discharge, from the Committee on
21 Rules, Assembly Bill Number 4135C and
22 substitute it for the identical Senate Bill
23 Number 44C, Third Reading Calendar 1889.
24 On page 55, Senator Oppenheimer
25 moves to discharge, from the Committee on
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1 Rules, Assembly Bill Number 10388B and
2 substitute it for the identical Senate Bill
3 Number 7444B, Third Reading Calendar 1910.
4 On page 56, Senator Golden moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 9128A and substitute it
7 for the identical Senate Bill Number 6014A,
8 Third Reading Calendar 1947.
9 And on page 57, Senator Oppenheimer
10 moves to discharge, from the Committee on
11 Rules, Assembly Bill Number 11747A and
12 substitute it for the identical Senate Bill
13 Number 8156A, Third Reading Calendar 1989.
14 THE PRESIDENT: Substitutions
15 ordered.
16 Senator Robach.
17 SENATOR ROBACH: Madam President,
18 there is a resolution at the desk by Senator
19 Marchi. If we could have that read in its
20 entirety and move for its immediate adoption.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Marchi, Legislative Resolution Number 6248,
25 honoring the life and accomplishments of
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1 former Member of the Assembly Elizabeth
2 Connolly.
3 "WHEREAS, This Legislative Body is
4 greatly moved to recognize and pay reverent
5 tribute to Elizabeth A. Connelly, a cherished
6 friend and distinguished former colleague who
7 passed away on May 25, 2006, at age 77; and
8 "WHEREAS, Elizabeth 'Betty'
9 Connelly served with flair, elegance and
10 distinction as a member of the New York State
11 Assembly from 1973 through 2000, most
12 honorably representing the Richmond County
13 citizens of the 61st Assembly District from
14 1973 through 1982, the 58th Assembly District
15 from 1983 through 1992, and the 59th District
16 from 1993 until her retirement in 2000; and
17 "WHEREAS, Born Elizabeth Ann
18 Keresey on June 19, 1928, Elizabeth Connolly
19 was born in Brooklyn and raised in the
20 Depression-era Bronx, where she attended
21 Walton High School. In the mid-1940s, she
22 worked as a secretary at the New York Life
23 Insurance Company. Then, from 1946 to 1954,
24 she worked in Pan American World Airways'
25 cargo and telephone sales office, with her
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1 future husband, Robert Connelly, whom she
2 married on September 6, 1952; and
3 "WHEREAS, A resident of Staten
4 Island since 1954, and a homemaker raising her
5 four children, she became an involved and
6 valued member of many community organizations.
7 She had developed a keen interest in politics
8 at an early age, soaking up the political
9 discussions of her mother and grandparents at
10 the family's kitchen table, and naturally
11 gravitated to local politics, first helping
12 several friends and, soon, becoming involved
13 herself; and
14 "WHEREAS, When she was elected to
15 the Assembly in 1973, Elizabeth Connelly
16 became the first woman from Staten Island ever
17 elected to public office and went on to be
18 reelected 13 times and to have a storied
19 27-year career of many firsts, virtually
20 unmatched in the Assembly; and
21 "WHEREAS, In 1977, Elizabeth
22 Connelly was appointed chairwoman of the
23 Assembly Committee on Mental Health, Mental
24 Retardation, Developmental Disabilities,
25 Alcoholism and Substance Abuse, making her the
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1 first woman Democrat ever to chair an Assembly
2 standing committee; and
3 "WHEREAS, She led the mental health
4 committee until 1993, when she was appointed
5 to chair the Committee on Standing Committees,
6 the highest-ranking leadership post ever held
7 by a woman in the Assembly until, in 1995, she
8 was named to the highest-ranking leadership
9 post held by a woman in the history of the
10 New York State Assembly, Speaker Pro Tempore,
11 a position in which she truly excelled; and
12 "WHEREAS, As the voice of The
13 People's House, Elizabeth Connelly's respect
14 for tradition and achievement, for civility
15 and propriety, for dignity and graciousness,
16 at all times and under all conditions, whether
17 extending her heartfelt greetings to the
18 countless guests who came to the Assembly
19 Chamber from around the world or presiding
20 over a contentious debate, were
21 extraordinarily and greatly admired by all;
22 and
23 "WHEREAS, She also served on the
24 Health, Correction, Veterans' Affairs and
25 Rules Committees, as a member of the Committee
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1 on Ways and Means, chair of the Assembly
2 Intern Committee, chair of the Assembly
3 Subcommittee on Drunk Driving, member of the
4 Assembly Subcommittee on Women Veterans and,
5 in 1993, was selected by her colleagues to
6 chair the New York State Legislative Women's
7 Caucus; and
8 "WHEREAS, Elizabeth Connelly was
9 named to, as well, and ably served on, the
10 State Ad Hoc Task Force on AIDS, the Assembly
11 Task Forces on the Homeless and New Americans,
12 the Governor's Interagency Task Force on
13 Troubled and Needy Children, and the State
14 Task Force on Implementation of the Americans
15 with Disabilities Act of 1990; and
16 "WHEREAS, She was a prime sponsor,
17 in the Assembly, for legislation that created
18 the Charter Commission for the City of Staten
19 Island, and she served as the vice chairwoman
20 of that commission; and
21 "WHEREAS, She was a strong advocate
22 for the people of Staten Island in the
23 expression of their interest in
24 self-governance; and
25 "WHEREAS, In every instance, she
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1 authored or was instrumental in the passage of
2 legislation greatly affecting the lives of
3 citizens across the state. They include the
4 Stop DWI Program, the raising of the state's
5 legal drinking age from 18 to 19 (later raised
6 to 21), a treatment program for compulsive
7 gamblers, the first halfway house for women of
8 the metropolitan area addicted to alcohol,
9 treatment and education for victims of brain
10 injuries, the rights of veterans, both male
11 and female, and the prohibition of cars
12 passing a school bus stopped with its lights
13 flashing, first gaining its extension to
14 Staten Island, then the entire state,
15 including New York City; and
16 "WHEREAS, Elizabeth Connelly is
17 perhaps, though, best known for her advocacy
18 and leadership on behalf of people with a
19 mental illness and those who have a
20 developmental delay. Her efforts influenced
21 vast improvements in the mental health
22 community, including the reorganization of the
23 State Department of Mental Hygiene, the
24 closure of the Willowbrook State School, and
25 the movement to community-based care; and
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1 "WHEREAS, Elizabeth Connelly was a
2 great lady and remarkable leader because her
3 leadership was not merely defined by her
4 character but by the battles she chose to
5 fight; and
6 "WHEREAS, Her commitment and
7 leadership extended to her community as well.
8 She was a member of numerous boards,
9 committees, societies, councils and other
10 community organizations. She served as the
11 first woman chair of the Board of Trustees of
12 Staten Island University Hospital. She was
13 honored many times for her contributions and
14 service. Six facilities on Staten Island are
15 already named in her honor. She and Robert
16 were long-time active members of Blessed
17 Sacrament Roman Catholic Church, where in 2002
18 they celebrated their 50th wedding
19 anniversary, and together they also served on
20 the board of the Staten Island September 11
21 Fund to aid local families of the victims of
22 that tragic day; and
23 "WHEREAS, Elizabeth Connelly is
24 survived by her husband, Robert V. Connelly;
25 her three daughters, Alice M. Lanzi, Margaret
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1 A. Nicholson, and Therese B. Shannon; her son,
2 Robert V. Connelly, Jr.; her seven
3 grandchildren, Michael and Elizabeth Lanzi,
4 Richard, Thomas and Kerry Nicholson, and Jack
5 and Brian Shannon; and a legion of friends,
6 family members and colleagues for whom she was
7 an inspiration and who will long remember her
8 generosity of spirit; and
9 "WHEREAS, Trusted advisor,
10 steadfast friend and tenacious fighter on
11 behalf of the people she served and the things
12 in which she believed, Elizabeth Connelly
13 truly merits the grateful tribute of this
14 Legislative Body; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to honor and
17 pay grateful tribute to the life and
18 accomplishments of Assemblywoman Elizabeth A.
19 Connelly, recognizing the significance of her
20 exemplary record of public service and
21 dedicating ourselves anew to the causes and
22 people she served so well; and be it further
23 "RESOLVED, That a copy of this
24 resolution, suitably engrossed, be transmitted
25 to the family of Elizabeth A. Connelly with
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1 the deepest condolences of this Legislative
2 Body."
3 THE PRESIDENT: Senator Marchi.
4 SENATOR MARCHI: Madam President,
5 it was my good fortune to know Betty Connelly,
6 or Elizabeth Connelly, very well. And she was
7 truly a landmark in Staten Island, and we're
8 extremely proud of her.
9 We have another member here from
10 Staten Island; we never had this much.
11 But Betty was special. And her
12 daughter also works with me in Staten Island,
13 and they're an exceptional family.
14 When we consider the fact that she
15 was chairwoman of the Assembly Committee on
16 Mental Health, Mental Retardation,
17 Developmental Disabilities, Alcoholism and
18 Substance Abuse, making her the first woman
19 Democrat ever to chair an Assembly standing
20 committee.
21 And she set -- established an early
22 mark. And she's revered and prayed for by so
23 many people in Richmond County, but also the
24 State of New York and the United States,
25 because she pioneered those who had suffered,
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1 by circumstances, deficiencies and
2 difficulties.
3 So when I see you, Madam President,
4 I see you as a future -- all right, I won't
5 disclose, but I think all of us share a very
6 sympathetic view of you. And it's just
7 wonderful to see you up there, as it was
8 wonderful to see Betty Connelly up there. And
9 she did it in the Assembly, where the
10 membership was much bigger.
11 So these facts are here, and there
12 are others who will join in, I'm sure,
13 extending to her their heartfelt feelings.
14 And this will be treasured. I know that her
15 husband, if he could have been here, would
16 have. And he will be delighted that we took
17 this action here on the floor of the Senate,
18 and tracking with also the homage paid to her
19 by the Assembly.
20 So, Madam President, I'm very proud
21 to see this come before the full Assembly.
22 And if you assent to this, maybe 30 or 40
23 years from now I'll come back, I promise, for
24 you too.
25 Thank you.
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1 THE PRESIDENT: Thank you,
2 Senator Marchi.
3 Senator Padavan.
4 SENATOR PADAVAN: Yes, thank you,
5 Madam President.
6 First let me thank Senator Marchi
7 for introducing this resolution and presenting
8 it to us in the manner which he just did.
9 From 1976 to 1986, Betty Connelly
10 and I found ourselves in the unique position
11 of each chairing, in our respective houses,
12 what was then the Senate Committee on Mental
13 Health, Addiction, involving two committees
14 that now exist, at a point in time with
15 Governor Carey and others spearheading
16 initiatives of a total restructuring of the
17 delivery system for the mentally ill, the
18 addicted, the retarded in the State of
19 New York.
20 Hundreds of different bills,
21 legislation, each one a landmark in its own
22 way, were presented to the Legislature,
23 developed by the Legislature for enactment.
24 Betty and I traveled around the
25 state, in many different places, from
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1 Rochester to New York City, over an extended
2 period of time, holding hearings. And we did
3 so knowing full well that this was far from a
4 partisan issue, that together we wanted to do
5 the best we could do for those were, for
6 reasons unbeknownst to us, deprived of one
7 faculty or the other, addicted in one form or
8 the other, and had to be dealt with in an
9 appropriate way.
10 And so for ten years, she and I
11 worked together creating the Quality of Care
12 Commission, the site selection law, the
13 reorganization of OMH, the development of
14 OMRDD, and the list goes on and on and on.
15 And it was a very productive time.
16 It was a joy to work with her. She
17 was a not only a bright woman in every
18 respect, and a great legislator, but also one
19 you could relate to on a personal level and
20 communicate with in a way that is sometimes
21 unique.
22 And if there were any successes
23 that we all enjoyed during that decade, it was
24 because of her dedication and hard work.
25 And so, Senator Marchi, your
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1 resolution says it all, in far more eloquent
2 ways than I can. But we build on the
3 shoulders of others, we all know that. As
4 time evolves, whatever we've accomplished
5 years from now won't even be remembered. But
6 this resolution will be on the record telling
7 everyone what this great lady did for that
8 period of time. And I thank you for doing it.
9 THE PRESIDENT: Senator Savino.
10 SENATOR SAVINO: Thank you, Madam
11 President.
12 I also want to thank Senator Marchi
13 for bringing this resolution commemorating the
14 life of Elizabeth Connelly, whose passing
15 certainly devastated Staten Island. We were
16 heartbroken when she left us recently. She
17 was a true example of what all of us should
18 strive to be.
19 And a lot has been made about the
20 fact that Betty Connelly was the first woman
21 ever elected from Staten Island. And it's on
22 her shoulders that I stand.
23 When she first came here, she used
24 to tell me that they didn't even have a
25 ladies' room on the floor of the Assembly.
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1 And it was much harder for her; she was a
2 young woman with small children. And yet she
3 managed to tend to the needs of her family --
4 her husband, Bob, her three kids -- come up
5 here every week, do what was necessary for
6 Staten Island. She became one of the greatest
7 advocates for women, women who suffer from
8 substance abuse, and mental health.
9 Some of her crowning achievements
10 in Staten Island is erasing the image of
11 Willowbrook and replacing it with the
12 Elizabeth Connelly Center and becoming a model
13 for mental health services.
14 The last time I saw Betty was about
15 two months ago at a luncheon for Amethyst
16 House. Amethyst House was a program that she
17 helped found for women who suffered from
18 substance abuse, a place where they could go
19 to get treatment and that their children could
20 be with them so that their families would
21 remain intact while they suffered through what
22 was a terrible time for them.
23 Betty never gave up on any of her
24 causes. Even after she left the Assembly, she
25 remained active in community causes. And she
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1 was an inspiration to all of us. She worked
2 harder than us, she was more inspiring than
3 any of us could ever be. And her loss to
4 Staten Island and to New York City is
5 certainly something that is going to take us
6 quite a while to get over.
7 So I want to thank you, Senator
8 Marchi, for allowing us to take this moment to
9 recognize Elizabeth Connelly.
10 THE PRESIDENT: Senator Leibell.
11 SENATOR LEIBELL: Thank you,
12 Madam President.
13 In listening to my colleagues'
14 comments and their recollections, I went over
15 earlier in the week to the Assembly when they
16 were having the commemoration in honor of
17 Betty Connelly. And I served for 12 years in
18 that house and served with Betty. And like my
19 colleagues say, she was truly a remarkable
20 woman.
21 And she was a leader, but not just
22 in terms of the definition we use in the
23 Capitol for leader. She was a leader in every
24 way. As was noted, she was at the forefront
25 of helping people who were less fortunate in
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1 life, people with handicaps, a variety of
2 types of disabilities. And I might add, this
3 continued even after she left the State
4 Legislature.
5 So to lose Betty Connelly is truly
6 a great loss for all of us, for the people of
7 this great State of New York, and especially
8 for her own family. I know her family quite
9 well. As she became ill, she was brave in her
10 illness, as she was brave in all the issues
11 she fought for in public life.
12 So we will all greatly miss Betty
13 Connelly.
14 THE PRESIDENT: Senator Little.
15 SENATOR LITTLE: Thank you.
16 I certainly knew Betty Connelly as
17 a member of the Assembly for seven years. But
18 we also had a connection, as I do with Senator
19 Marchi, because I lived on Staten Island for
20 two years. So I'm not totally an Adirondack
21 woman.
22 I taught school at PS 8 in Great
23 Kills and always enjoyed talking about Staten
24 Island with Betty Connelly. And we actually
25 had some people that we both knew in common.
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1 Well, when I got to the Assembly,
2 Betty Connelly was an example for what a woman
3 legislator -- what any legislator should be.
4 She was absolutely a wonderful person, a
5 wonderful model for other legislators, and a
6 mentor for many of us as we came on board.
7 Her years as speaker pro tem were
8 perfect examples of what a person's demeanor
9 should be and how they should respect other
10 people regardless of their party, but always
11 listening and dealing with them in a very,
12 very respectful way.
13 The one thing I also noticed about
14 Betty, and I think everyone did, is that she
15 loved her position, she loved representing
16 Staten Island, and she loved everything that
17 she was doing up here.
18 She was a great person. We all
19 miss her, and I'm sure her family misses her
20 greatly as well. But it was an honor to have
21 known her.
22 Thank you.
23 THE PRESIDENT: Senator Flanagan.
24 SENATOR FLANAGAN: Thank you,
25 Madam President.
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1 I too had the opportunity to serve
2 with Assemblywoman Connelly for 16 years.
3 A couple of brief observations. I
4 would characterize her as sort of the female
5 equivalent of John Marchi. Everybody -- and
6 maybe it's a Staten Island thing, but
7 everybody listens, everybody reveres them, and
8 everybody respects them.
9 She exemplified what the real
10 meaning of being a lady is. I think she
11 exemplified the qualities in human beings that
12 we would all like to see and hopefully
13 emulate. And she just had a certain
14 temperament and demeanor, as Senator Little
15 spoke of. When she was on the rostrum, she
16 just sort of had this look. She could just
17 give you a glance, and you knew you were
18 supposed to sit down or be quiet or whatever
19 the case was.
20 But she was a terrific person to
21 deal with, and her legacy as a public servant
22 and great human being will stand the test of
23 time in a very positive way.
24 THE PRESIDENT: Senator Robach.
25 SENATOR ROBACH: Yes, Madam
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1 President. I too rise, served 10 years with
2 Betty Connelly, not only worked with her in
3 the Legislature but also in the Irish
4 Legislators Society as an officer.
5 And in addition to the many, many
6 great legislative accomplishments she had with
7 people with disabilities, people dealing with
8 substance abuse, mental health issues,
9 gambling addictions, crime victims, DWI
10 victims, I think it's important for the record
11 to note that I think Betty exemplified, more
12 so than anybody I know in the Legislature, in
13 a nonpartisan, human way, a real civility to
14 the Legislature that is an example, something
15 we could probably all use more of.
16 She was not only effective and
17 direct, she treated everyone -- and I mean
18 everyone, of every party, whether they were
19 new or a long-standing legislator or a
20 constituent, for that matter -- with the
21 utmost degree of respect. And we are
22 diminished by her leaving the Legislature, but
23 more so by her passing.
24 And I would even go one step
25 farther, to say she was not only a role model
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1 in the Legislature but I think a role model to
2 all of us, as a human being, as a neighbor, a
3 community activist, a mother and a friend.
4 And while she's gone, she will not be
5 forgotten.
6 And I too would thank John Marchi
7 for bringing this important resolution to the
8 floor.
9 THE PRESIDENT: Senator Volker.
10 SENATOR VOLKER: Madam President,
11 Betty Connelly was not just a great legislator
12 and a wonderful person, but she was a gentle
13 leader.
14 And it's unfortunate that Frank is
15 gone, here, because I was going to say,
16 however, she was tough enough to deal with
17 Frank Padavan. I mean, you know, she could --
18 there were times when they argued over bills,
19 and I would be privy to some of those
20 discussions. But Frank always realized that
21 he -- and he always loved Betty. And despite
22 the fact that sometimes it didn't seem that
23 way, he always did, and I knew that.
24 Betty Connelly was one of the real
25 movers and shakers, as they say of our
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1 American-Irish legislators. I don't know of
2 anybody that disliked Betty Connelly.
3 And you know, something was said
4 about Staten Island and gentility. Well,
5 there may be a lot of truth to that. Because
6 probably at one time when Betty was here in
7 the Assembly, between John Marchi and Betty
8 Connelly, I don't think there was any area of
9 our state that people felt was more
10 represented by fine, warm, good human beings.
11 I will very much miss her. I was
12 privileged to be in her presence and her
13 husband's on a number of occasions. My wife
14 and I had a dinner with them a number of
15 times. He was also a very wonderful man, and
16 I spoke briefly with him before her passing.
17 We will miss her, but she is part
18 of the culture, in my opinion, of this
19 Legislature. And we who have been part of
20 that, we'll never forget her.
21 And yes, thank you, Senator Marchi.
22 Of course, you're part of the culture here
23 more than anybody else.
24 But Betty will be deeply missed.
25 THE PRESIDENT: Senator Winner.
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1 SENATOR WINNER: Thank you, Madam
2 President.
3 I would be remiss I didn't stand to
4 express my not only condolences over Betty's
5 passing but my respect for her over the 22
6 years that I served with her in the Assembly.
7 Betty Connelly, in particular as
8 speaker pro tem, brought such order and
9 dignity and respect to the house -- which,
10 believe it or not, in some instances could get
11 a little unruly over there. I know that would
12 come as a rather large shock to those of you
13 who are here.
14 And as minority leader pro tem, she
15 certainly was the type of person that I
16 cowered to when she would be somewhat severe
17 when she needed to be in order to maintain
18 that order and dignity that the Assembly
19 needed to have maintained. And she presided
20 over that house with such great class,
21 dignity, and presence that it made the service
22 in the Assembly very, very much of an honor to
23 be able to participate.
24 So I had tremendous respect for
25 her. I tremendously admired her. And as a
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1 result, the Assembly, when she retired in
2 2000, the Assembly was sorely at a loss for
3 her no longer being there.
4 So thank you, Senator Marchi, for
5 bringing this resolution before us.
6 THE PRESIDENT: Senator Farley.
7 SENATOR FARLEY: Thank you, Madam
8 President.
9 You know, Senator Flanagan said
10 very much what was on my mind. She was the
11 equivalent of John Marchi over there, and such
12 dignity and class.
13 I knew her well. Not only was she
14 a very dignified and classy woman, I had the
15 good fortune of having her daughter Margaret
16 as my student. And I would say something to
17 Betty about how well she was doing, what a
18 lovely young woman Margaret was, and she would
19 absolutely beam and be thrilled. Because I
20 guess there's no more important role for
21 anyone than being a mother and watching their
22 offspring do well. And the same applies for
23 fathers.
24 But Betty Connelly was not only a
25 great legislator and a dignified, lovely,
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1 lovely woman, she was also a great mother and
2 had a beautiful family. And my deepest
3 sympathy goes out to her family, because she
4 truly was a credit to the Legislature and to
5 New York State and to Staten Island. And we
6 wish her family well.
7 THE PRESIDENT: Senator Marchi.
8 SENATOR MARCHI: I was going to
9 suggest I believe there's a widespread feeling
10 about this wonderful woman, who was a great
11 mother -- bipartisan. She had all of
12 qualities and the tremendous contributions she
13 made that everybody in this chamber would
14 probably like to share sponsorship in her,
15 unless they indicate to the contrary.
16 But -- and this is an unusual case.
17 You don't get too many cases like this that
18 would have enjoyed total support then, now,
19 and I'm sure in the future.
20 Thank you, Madam President.
21 THE PRESIDENT: Senator Robach,
22 do you have any objection?
23 SENATOR ROBACH: Yes, Madam
24 President, let's open this up to everyone.
25 And if someone would not like their
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1 name on this resolution honoring Assemblywoman
2 Connelly, please let the front desk know.
3 THE PRESIDENT: First of all, all
4 in favor of the resolution please signify by
5 saying aye.
6 (Response of "Aye.")
7 THE PRESIDENT: Opposed, nay.
8 (No response.)
9 THE PRESIDENT: The resolution is
10 adopted.
11 Any member who does not wish to
12 cosponsor the last resolution please notify
13 the desk.
14 Senator Robach.
15 SENATOR ROBACH: Yes, Madam
16 President, could we go to the noncontroversial
17 reading of the calendar, please.
18 THE PRESIDENT: The Secretary
19 will read.
20 THE SECRETARY: Calendar Number
21 193, by Senator Meier, Senate Print 5392B, an
22 act to amend the Social Services Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect on the 90th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 194, by Senator Meier, Senate Print 5393A, an
9 act to amend the Family Court Act and the
10 Executive Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 5. This
14 act shall take effect on the 90th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 244, by Senator Nozzolio, Senate Print 6471E,
22 an act to authorize the Urban Development
23 Corporation to transfer.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 260, by Senator Little, Senate Print 6002A, an
10 act to amend the Navigation Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 7. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 271, by Senator Little, Senate Print 6384A, an
22 act in relation to creating.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 8. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 327, by Senator Alesi, Senate Print 5023A, an
9 act to amend the Retirement and Social
10 Security Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 58.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: In relation to
21 Calendar Number 334, substituted earlier
22 today --
23 SENATOR HASSELL-THOMPSON: Lay it
24 aside.
25 THE PRESIDENT: The bill is laid
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1 aside.
2 THE SECRETARY: Calendar Number
3 343, substituted earlier today by Member of
4 the Assembly Parment, Assembly Print Number
5 9703A, an act to amend the Tax Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect March 1, 2006.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 357, by Senator Rath, Senate Print 6566, an
17 act to amend the Tax Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 428, by Senator Maziarz, Senate Print 6802, an
4 act to amend the Workers' Compensation Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 6. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 507, by Senator Seward, Senate Print 6887A, an
16 act to amend the Insurance Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 553, by Senator Padavan, Senate Print 4565, an
3 act to amend the Administrative Code of the
4 City of New York.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 649, by Senator Padavan, Senate Print 6997A,
16 an act to amend the Penal Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 707, substituted earlier today by Member of
3 the Assembly Koon, Assembly Print Number
4 9995A, an act to amend the Agriculture and
5 Markets Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 58.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 727, by Senator Seward, Senate Print 7040A, an
17 act in relation to legalizing, validating,
18 ratifying and confirming.
19 THE PRESIDENT: There is a
20 home-rule message at the desk.
21 Read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 733, by Senator Spano, Senate Print 6703B, an
6 act to amend the Social Services Law and the
7 County Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 120th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 752, substituted earlier today by Member of
19 the Assembly John, Assembly Print Number
20 10922B, an act to amend the Labor Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 760, by Senator Alesi, Senate Print 7001C, an
7 act to amend the Public Health Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect one year after it shall
12 have become a law.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57. Nays,
16 1. Senator Little recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 805, by Senator Winner, Senate Print 2616A, an
21 act to amend the Highway Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 847, by Senator LaValle, Senate Print 2864C,
8 an act to amend the Education Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 12. This
12 act shall take effect on the 180th day.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 58.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 851, substituted earlier today by Member of
20 the Assembly Christensen, Assembly Print
21 Number 10327, an act to amend the State
22 Administrative Procedure Act.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 180th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 858, by Senator Nozzolio, Senate Print 7234B,
9 an act to amend the Real Property Tax Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57. Nays,
17 1. Senator Duane recorded in the negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 922, by Senator Balboni, Senate Print 7209B,
22 an act to amend the Military Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 925, by Senator Balboni, Senate Print 7709A,
9 an act to amend the Executive Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Senator Balboni,
17 to explain your vote.
18 SENATOR BALBONI: Madam
19 President, let me begin my comments by saying
20 how wonderful you look today, that wonderful
21 color.
22 You've done such a wonderful job
23 through your entire tenure, you continue doing
24 it. It's wonderful to have you here.
25 THE PRESIDENT: Thank you. You
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1 may be seated now.
2 (Laughter.)
3 SENATOR BALBONI: Everybody has
4 that same response to me.
5 This bill, again, marks a point
6 where New York is going to lead the way again.
7 After the Dubai Ports World issue at the
8 New York ports and the national ports, we
9 responded -- this is an agreed-to bill with
10 the Assembly -- and we'll be the first state
11 in the nation to require that if a state asset
12 is sold, there will be a security vetting to
13 make sure that that critical asset is not
14 compromised by the sale.
15 It's the first time we're doing it,
16 first time in the nation. Again, we in
17 New York lead the way.
18 I'm going to vote aye, Madam
19 President. Thank you.
20 THE PRESIDENT: You will be so
21 recorded as voting in the affirmative, Senator
22 Balboni.
23 Senator Duane.
24 SENATOR DUANE: Thank you, Madam
25 President. Lovely though this bill is --
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1 though not as lovely as you today -- I would
2 be remiss if I did not --
3 THE PRESIDENT: Today?
4 SENATOR DUANE: I would be remiss
5 I didn't mention that there's no minority
6 representation in this bill. So I'm afraid
7 I'll have to be voting no.
8 Thank you, Madam President.
9 THE PRESIDENT: You will be so
10 recorded as voting in the negative.
11 Senator Meier.
12 SENATOR MEIER: Madam President,
13 I know this probably hasn't been done for you
14 in several years, in one of your prior
15 careers, but Senator Balboni neglected to say
16 that he's brought this lovely apple for you
17 today.
18 (Laughter.)
19 SENATOR MEIER: And I ask to be
20 recorded as voting for the bill.
21 THE PRESIDENT: All right. Do
22 you know something I don't know, Senator?
23 And you will be so recorded as
24 voting in the affirmative.
25 The Secretary will announce the
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1 results.
2 THE SECRETARY: Ayes, 57. Nays,
3 1. Senator Duane recorded in the negative.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 988, by Senator Fuschillo, Senate Print 7563A,
8 an act to authorize.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57. Nays,
16 1. Senator Bonacic recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1003, by Senator Balboni, Senate Print 6822B,
21 an act to amend the Waterfront Commission Act.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 6. This
25 act shall take effect upon the enactment into
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1 law by the State of New Jersey of legislation
2 having identical effect.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1004, by Senator Padavan, Senate Print 7109A,
10 an act to amend the Waterfront Commission Act.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 6. This
14 act shall take effect upon the enactment into
15 law by the State of New Jersey of legislation
16 having identical effect.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1005, by Senator Leibell, Senate Print 7181A,
24 an act to amend the Waterfront Commission Act.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 7. This
3 act shall take effect upon the enactment into
4 law by the State of New Jersey of legislation
5 having identical effect.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1019, by Senator Young, Senate Print 7213A, an
13 act to amend the Agriculture and Markets Law
14 and the General Business Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1024, by Senator Young, Senate Print 7828A, an
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1 act to amend the Agriculture and Markets Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1044, substituted earlier today by Member of
13 the Assembly Brodsky, Assembly Print Number
14 891F, an act to amend the Penal Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the first of
19 November.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 58.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 1049, by Senator Volker, Senate Print 7728A,
2 an act to amend the Executive Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of
7 November.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1099, substituted earlier today by Member of
15 the Assembly Paulin, Assembly Print Number
16 9907A, an act to amend the Criminal Procedure
17 Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 30th day.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1165, by Senator Seward --
4 SENATOR ROBACH: Lay it aside for
5 the day, please.
6 THE PRESIDENT: The bill is laid
7 aside for the day.
8 THE SECRETARY: Calendar Number
9 1185, substituted earlier today by Member of
10 the Assembly Sweeney, Assembly Print Number
11 10724, an act to amend the Executive Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1214, by Senator Volker, Senate Print 3824C,
23 an act to amend the Civil Practice Law and
24 Rules.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of January.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57. Nays,
7 1. Senator DeFrancisco recorded in the
8 negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1216, by Senator LaValle, Senate Print 5131A,
13 an act to amend the Criminal Procedure Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57. Nays,
21 1. Senator Duane recorded in the negative.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1281, substituted earlier today by Member of
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5544
1 the Assembly O'Mara, Assembly Print Number
2 10680A, an act to authorize the conveyance.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1306, by Senator Bonacic, Senate Print 7847A,
14 an act to amend the Private Housing Finance
15 Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Senator Bonacic,
23 to explain your vote.
24 SENATOR BONACIC: Thank you,
25 Madam President.
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5545
1 This is a legislation to provide
2 financial and technical resources to assist
3 renters as well as low- and moderate-income
4 persons with disabilities for housing.
5 I wanted to thank Commissioner Judy
6 Calogero and Deputy Commissioner Lorrie
7 Pizzola for assistance on developing this
8 legislation.
9 This is new. Keeping those with
10 disabilities in their housing is very
11 essential. And this legislation is a
12 cost-effective way of doing that. I think
13 housing for persons with disabilities is going
14 to grow as a concern for this Legislature to
15 address.
16 I want to also express any
17 appreciation to DHCR and the Assembly for
18 incorporating requested changes to the
19 legislation which would -- ensuring that
20 disabled veterans would have the same benefits
21 to this program.
22 This year the Senate has authorized
23 the Housing Finance Agency to develop an
24 initiative to make all newly constructed
25 housing visitable. The Housing Committee has
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1 also passed legislation requiring the
2 development of an accessible housing database
3 and ensuring that we are in compliance with
4 all Fair Housing laws.
5 I know Senator Morahan has been an
6 active leader in this issue. And I believe
7 this bill is something we need not only to put
8 into law but we need to fund, because the
9 needs of those with disabilities are very real
10 and will be better addressed with this law on
11 the books.
12 I vote aye.
13 THE PRESIDENT: You will be so
14 recorded as voting in the affirmative, Senator
15 Bonacic.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Ayes, 58.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1311, by Senator LaValle, Senate Print 718A,
23 an act to amend the Workers' Compensation Law.
24 THE PRESIDENT: Read the last
25 section.
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5547
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 58.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1323, substituted earlier today by Member of
10 the Assembly Grannis, Assembly Print Number
11 11199B, an act to amend the Insurance Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56. Nays,
19 2. Senators Maziarz and Rath recorded in the
20 negative.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1324, by Senator Seward, Senate Print 7899B,
25 an act to amend the Insurance Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 58.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1325, by Member of the Assembly Markey,
12 Assembly Print Number 196A, an act to amend
13 the Agriculture and Markets Law and the State
14 Finance Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1406, by Senator Winner, Senate Print 5273B,
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1 an act to amend the Highway Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calender Number
12 1410, by Senator Winner, Senate Print 6940A,
13 an act to amend the Highway Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1412, by Senator Nozzolio, Senate Print 6971A,
25 an act to amend the Vehicle and Traffic 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, 58.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1413, by Senator Flanagan, Senate Print 7154B,
15 an act to amend the Navigation Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day.
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, 58.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1416, by Senator Marcellino, Senate Print
5 7282A, an act to amend the Vehicle and Traffic
6 Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT YOUNG: Announce
15 the results.
16 THE SECRETARY: Ayes, 58.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1473, by Senator Flanagan, Senate Print 7091A,
21 an act to amend the Election Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1493, by Senator Flanagan, Senate Print 2791A,
11 an act to amend the State Finance Law.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 2. 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, 58.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1498, substituted earlier today by Member of
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5553
1 the Assembly Thiele, Assembly Print Number
2 10409B, an act in relation to residency
3 requirements.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT YOUNG: Announce
12 the results.
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1522, by Senator Saland, Senate Print 7392B,
18 an act to amend the Domestic Relations Law and
19 others.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 9. 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, 58.
5 ACTING PRESIDENT YOUNG: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1531, by Senator Skelos, Senate Print 7413A,
9 an act to amend the Nassau County Civil
10 Divisions Act.
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, 58.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1555, by Senator Little, Senate Print 7748A,
25 an act to amend the Public Authorities Law.
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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, 58.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1574, by Senator LaValle, Senate Print 76 --
16 SENATOR ROBACH: Lay it aside
17 temporarily, please.
18 ACTING PRESIDENT YOUNG: The bill
19 is laid aside.
20 THE SECRETARY: Calendar Number
21 1580, by Senator LaValle, Senate Print 7405B,
22 an act to amend the Education Law.
23 ACTING PRESIDENT YOUNG: Read the
24 last section.
25 THE SECRETARY: Section 3. 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, 58.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1593, by Senator Maziarz, Senate Print 3335A,
12 an act in relation to authorizing.
13 ACTING PRESIDENT YOUNG: There is
14 a home-rule message at the desk.
15 Read the last section.
16 THE SECRETARY: Section 4. 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, 58.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1611, substituted earlier today by Member of
3 the Assembly Abbate, Assembly Print Number
4 9935B, an act to amend the Retirement and
5 Social Security 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, 58.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1718, by Senator Golden, Senate Print 7505A,
20 an act to amend the General Municipal 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, 58.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1744, substituted earlier today by Member of
10 the Assembly --
11 SENATOR ROBACH: Lay it aside
12 temporarily.
13 ACTING PRESIDENT YOUNG: The bill
14 is laid aside.
15 THE SECRETARY: Calendar Number
16 1771, by Senator Leibell, Senate Print 8114A,
17 an act to amend the Not-For-Profit Corporation
18 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, 58.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1773, by Senator Little, Senate Print 8118A,
8 an act to authorize the Town of Johnsburg.
9 ACTING PRESIDENT YOUNG: There is
10 a home-rule message at the desk.
11 Read the 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, 58.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1780, by Senator Skelos, Senate Print 8147A,
24 an act to amend the Labor Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th 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, 58.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1818, by Senator Winner, Senate Print 7892A,
14 an act to amend the Legislative Law and the
15 State Finance Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 4. 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, 57. Nays,
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1 1. Senator Duane recorded in the negative.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1832, by Senator LaValle, Senate Print 8129A,
6 an act to amend the Education 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, 58.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1860, by Senator Nozzolio, Senate Print 5441A,
21 an act to amend the Penal Law.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the 60th day.
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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, 58.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1888, by Senator Padavan, Senate Print 83 --
11 SENATOR ROBACH: Lay it aside
12 temporarily, please.
13 ACTING PRESIDENT YOUNG: The bill
14 is laid aside.
15 THE SECRETARY: Calendar Number
16 1889, substituted earlier today by Member of
17 the Assembly Morelle, Assembly Print Number
18 4135C, an act to amend the Real Property Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect January 1, 2007.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT YOUNG:
2 Announce the results.
3 THE SECRETARY: Ayes, 58.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1899, by Senator Johnson --
8 SENATOR HASSELL-THOMPSON: Lay it
9 aside.
10 ACTING PRESIDENT YOUNG: The bill
11 is laid aside.
12 THE SECRETARY: Calendar Number
13 1901, by Senator Wright, Senate Print 5675A --
14 SENATOR HASSELL-THOMPSON: Lay it
15 aside.
16 ACTING PRESIDENT YOUNG: The bill
17 is laid aside.
18 THE SECRETARY: Calendar Number
19 1908, by Senator Skelos, Senate Print 7230A,
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 on the 120th 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, 58.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1910, substituted earlier today by Member of
10 the Assembly Latimer, Assembly Print Number
11 10388B, an act to amend Chapter 654 of the
12 Laws of 1927.
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, 58.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1914, by Senator Winner, Senate Print 7636A,
2 an act to amend the Environmental Conservation
3 Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 60th 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, 58.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1921, by Senator Wright --
18 SENATOR HASSELL-THOMPSON: Lay it
19 aside.
20 ACTING PRESIDENT YOUNG: The bill
21 is laid aside.
22 THE SECRETARY: Calendar Number
23 1934, by Senator Marcellino, Senate Print
24 8182A, an act to amend the Environmental
25 Conservation 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 on the first of January.
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, 58.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1947, substituted earlier today by Member of
15 the Assembly Morelle, Assembly Print Number
16 9128A, an act to amend the Vehicle and Traffic
17 Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 180th day.
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, 58.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1956, by Senator Morahan, Senate Print 7402A,
7 an act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 180th 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, 58.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1961, by Senator Alesi, Senate Print 7944A, an
22 act to amend the General Business 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 first of January.
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, 58.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1963, by Senator Young, Senate Print 7973A, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of April
17 next succeeding.
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, 58.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1964, by Senator Nozzolio, Senate Print 8013A,
3 an act to amend the Vehicle and Traffic Law
4 and the State Finance Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 180th 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, 58.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1966, by Senator LaValle, Senate Print 8035A,
19 an act to amend the Vehicle and Traffic Law
20 and the State Finance Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 3. 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, 58.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1975, by Senator Libous, Senate Print 8209, an
10 act to amend the General Business 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, 58.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1987, by Senator Saland, Senate Print 7352A,
25 an act to amend the Penal Law.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 13. 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, 58.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1988, by Senator Skelos, Senate Print 8148, an
16 act to amend the Retirement and Social
17 Security Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. 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, 58.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1989, substituted earlier today by the
7 Assembly Committee on Rules, Assembly Print
8 Number 11747A, an act authorizing the City of
9 New Rochelle.
10 ACTING PRESIDENT YOUNG: There is
11 a home-rule message at the desk.
12 Read the 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, 58.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1991, by Senator Meier, Senate Print 8218, an
25 act to amend the Social Services 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 on the 90th day.
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, 58.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1997, by Senator Wright, Senate Print 8266A,
15 an act to amend the Public Authorities 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, 58.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 2001, by Senator Hannon, Senate Print 8278A,
5 an act to authorize the Village of Hempstead.
6 ACTING PRESIDENT YOUNG: There is
7 a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 8. 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, 58.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 2008, by Senator Spano, Senate Print 8297A, an
21 act to amend the Tax 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, 58.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 2016, by Senator Robach, Senate Print 8339A,
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 shall take effect April 1, 2008.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT YOUNG: Senator
21 Robach, to explain his vote.
22 SENATOR ROBACH: Yes, Madam
23 Speaker, just briefly to explain my vote.
24 I am very happy and want to thank
25 my colleagues for supporting this important
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1 legislation, the advocates and the groups that
2 worked on this in a series of meetings and
3 roundtables, working very closely with my
4 colleague Peter Abbate in the other house.
5 This really is the quintessential
6 win-win-win situation. This, at no cost to
7 government, is going to allow us to give an
8 incentive to keep people in police and fire,
9 experienced people on the job a little bit
10 longer and at the same time give those
11 employees a lump-sum option. Again, at no
12 cost to government.
13 Somewhat innovative, but really a
14 good thing. Most importantly, a good thing
15 for not only the affected parties but also, I
16 believe, for providing the services, the
17 important services these employees provide for
18 New Yorkers on a daily basis.
19 And that's been something we've
20 been talking about for a long time, but we
21 finally got it done, and I want to thank
22 everyone involved.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Robach. You will be recorded in
25 the affirmative.
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1 Announce the results.
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 2018, by the Senate Committee on Rules, Senate
7 Print Number 8362, an act to amend the Real
8 Property Tax Law.
9 ACTING PRESIDENT YOUNG: Read the
10 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, 57. Nays,
19 1. Senator Duane recorded in the negative.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 2019, by Senator Spano, Senate Print 8382, an
24 act to amend the Labor Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of January.
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, 58.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 2020, by Senator Rath, Senate Print 8387, an
14 act to allow for the terms and conditions of
15 employment.
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, 58.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 2021, by Senator Balboni, Senate Print 8389,
5 an act to amend the Public Authorities Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 3. 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, 58.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 2022, by Senator Alesi, Senate Print 8390, an
20 act to provide for the creation of a temporary
21 state commission.
22 ACTING PRESIDENT YOUNG: Read the
23 last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT YOUNG: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT YOUNG: Announce
5 the results.
6 THE SECRETARY: Ayes, 58.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 2047, by Senator Alesi, Senate Print 8445, an
11 act to amend the Penal Law.
12 ACTING PRESIDENT YOUNG: Senator
13 Robach.
14 SENATOR ROBACH: Madam President,
15 is there a message of necessity at the desk?
16 ACTING PRESIDENT YOUNG: Yes,
17 there is.
18 SENATOR ROBACH: Could we move to
19 accept that message.
20 ACTING PRESIDENT YOUNG: All in
21 favor signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT YOUNG: Opposed,
24 nay.
25 (No response.)
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1 ACTING PRESIDENT YOUNG: The
2 message is accepted.
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the first of
6 November.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT YOUNG: Senator
11 Alesi, to explain his vote.
12 SENATOR ALESI: Thank you, Madam
13 President.
14 This is a bill that we were able to
15 work out with the Assembly after a lot of
16 negotiation, a lot of dedication to this issue
17 by Craig Todeschini's family, Assemblyman Jeff
18 Brown, Senator DeFrancisco.
19 And it is in recognition of the
20 death of Trooper Todeschini, who was involved
21 in a high-speed chase. It not only
22 memorializes him, but it also memorializes the
23 efforts of those who work daily to protect our
24 structure of law and order and to protect
25 those of us who rely on that structure of law
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1 and order.
2 And I notice that the Todeschini
3 family is in the gallery today. And in
4 passing this bill on their behalf, I would
5 like to thank them, especially, for their
6 devotion to this effort and wish them all the
7 absolute very best.
8 Now, this will provide very strict
9 penalties for those people who try to elude
10 police officers in a high-speed case, putting
11 those police officers at risk as well as the
12 citizens in general. And of course I vote yes
13 on this bill.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Alesi. You will be recorded in
16 the affirmative.
17 Senator DeFrancisco, to explain
18 your vote.
19 SENATOR DeFRANCISCO: Yes, Madam
20 President, to explain my vote.
21 This bill originated a few years
22 ago and was first introduced by Senator Alesi,
23 and I commend him for that.
24 Unfortunately, it never passed the
25 other house. And the need for such a bill to
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1 protect troopers or any law enforcement
2 officials from having to go through high-speed
3 chases, it was pretty apparent.
4 There was an article in our paper a
5 few days ago concerning why we keep naming
6 these bills after people. Well, this is a
7 perfect example. This bill would not have
8 happened but for the efforts of the Todeschini
9 family. They had news conferences in
10 Syracuse, they had news conferences here in
11 Albany with the Senate leadership.
12 In fact, they even themselves met
13 with the Speaker to express their concerns
14 about the original bill that was submitted in
15 the Assembly that just wasn't strong enough.
16 It wouldn't have done what they needed to have
17 done.
18 So that's why we name bills for
19 individuals. And this is the Craig Todeschini
20 bill.
21 And I want to commend Jeff Brown
22 for his efforts in the Assembly, and also
23 Kristi and her father who are here today --
24 Kristi is the widow of Craig Todeschini --
25 Cindy and Jim Todeschini, his parents, because
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1 it was their efforts that made a bill that was
2 long overdue become a reality to help protect
3 law enforcement officers in the future.
4 So thank you very much.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator. You will be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 57. Nays,
10 1. Senator Parker recorded in the negative.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 2051, by Senator Seward, Senate Print 4319A,
15 an act to amend the Insurance 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, 58.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 2060, by Senator Saland, Senate Print 76 --
5 SENATOR ROBACH: Lay it aside
6 temporarily.
7 ACTING PRESIDENT YOUNG: The bill
8 is laid aside.
9 THE SECRETARY: Calendar Number
10 2061, by Senator LaValle, Senate Print 7675C,
11 an act to amend the Education Law.
12 SENATOR ROBACH: Lay it aside
13 temporarily.
14 ACTING PRESIDENT YOUNG: The bill
15 is laid aside.
16 THE SECRETARY: Calendar Number
17 2093, by Senator Robach --
18 SENATOR HASSELL-THOMPSON: Lay it
19 aside.
20 ACTING PRESIDENT YOUNG: The bill
21 is laid aside.
22 That concludes the noncontroversial
23 reading of Calendar Number 61.
24 SENATOR ROBACH: Madam President,
25 if you could ring the bells to alert the
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1 members that we will be on a controversial
2 calendar and please ask them to come into the
3 chamber.
4 ACTING PRESIDENT YOUNG: Thank
5 you, Senator.
6 The Secretary will ring the bell.
7 Senator Robach.
8 SENATOR ROBACH: Yes, Madam
9 President. If we could move to the
10 controversial reading of the calendar,
11 starting with Calendar Number 1901.
12 ACTING PRESIDENT YOUNG: We will
13 now have the controversial reading of
14 Calendar 61, starting with Calendar Number
15 1901.
16 THE SECRETARY: Calendar Number
17 1901, by Senator Wright, Senate Print 5675A,
18 an act to amend the Energy Law.
19 SENATOR SCHNEIDERMAN:
20 Explanation.
21 ACTING PRESIDENT YOUNG: Senator
22 Wright, an explanation has been requested.
23 SENATOR WRIGHT: Thank you, Madam
24 President.
25 The bill before us today allows for
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1 selected pilot projects to use methane gas or
2 other liquid natural gas, to address a number
3 of energy and environmental concerns.
4 ACTING PRESIDENT YOUNG: Thank
5 you, Senator.
6 Any other Senator wishing to be
7 heard?
8 Senator Schneiderman.
9 SENATOR SCHNEIDERMAN: Yes, thank
10 you, Madam President.
11 This piece of legislation is
12 something that would really derail the
13 regulatory process that we've directed for
14 liquid natural gas.
15 I agree with the sponsor that we do
16 need to revisit the issue of the siting and
17 transportation of LNG, but in my view this
18 piece of legislation is overkill. It
19 essentially guts all of the regulations and
20 would result in a situation from being, in my
21 view, overregulated, or our laws being overly
22 restrictive, to the laws being virtually
23 existent.
24 The oversight of siting and
25 operations of LNG facilities would really be
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1 so severely cut back that the need to protect
2 public safety would be put at risk.
3 I therefore am going to be voting
4 no, Madam President. I don't believe this
5 bill is going to pass the Assembly. I hope we
6 will come up with a more moderate approach to
7 revising our state regulations for the siting
8 and transportation of LNG, but this is not it,
9 in my view.
10 Thank you.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator.
13 Senator Parker.
14 SENATOR PARKER: Yes, Madam
15 President, on the bill.
16 ACTING PRESIDENT YOUNG: On the
17 bill.
18 SENATOR PARKER: Providing safe,
19 reliable, and affordable energy sources is a
20 critical need for this nation and for,
21 clearly, this state. And certainly we ought
22 to have, you know, a diversity of different
23 products. As I said yesterday, we clearly
24 ought to be looking at things that are
25 clean-burning. We ought to be looking at
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1 alternative energy.
2 And LNG is something that we ought
3 to be looking at as a viable alternative to
4 coal and some other dirtier products that
5 we've been using. And we certainly want to be
6 able to find an effective and streamlined
7 manner to do that.
8 And I certainly commend Senator
9 Wright, who I've worked with, as the ranker,
10 me being the ranker on Energy and
11 Telecommunications with him. I know how
12 important it is for him to provide ways to
13 provide, again, safe, reliable and affordable
14 energy for the entire state.
15 However, this bill does not do
16 enough in terms of integrating both the need
17 to provide energy and the needs of our
18 communities and for them to be safe and
19 reliable.
20 When we look at some of the
21 failings of our energy policy in this state,
22 the fact that we stand here today, the last
23 day of this session, still with no Article X
24 bill which would provide safe siting of power
25 plants around the state, still without an
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1 Article VII bill, which would provide safe
2 siting of transmission lines around the state,
3 still without an Article VI, which would look
4 at a significant plan for energy around the
5 state -- I look at this and see the same
6 problems on why we haven't passed those bills
7 and why this bill will not handle our
8 problems.
9 Which is that we have to do both at
10 the same time. We have to provide a way for
11 energy companies to be able to come into the
12 market and provide safe and reliable energy,
13 but at the same time making sure that the
14 public is safe, making sure that both
15 consumers and community people have some
16 access and some input into the process.
17 This bill fails to have the proper
18 oversight by either the Department of
19 Environmental Conservation, the Department of
20 Public Service or the Office of Fire
21 Prevention and Control. And I think the
22 unlimited transport of liquified natural gas
23 on state and local roadways would certainly
24 provide a danger that I certainly am concerned
25 about. Particularly as we, you know, continue
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1 to talk about homeland security and those
2 things, liquified natural gas is one of the
3 things that we really need to have a
4 significant control on.
5 So I'm hoping that we might be able
6 to go back and relook at this bill, find some
7 amendments that would address these concerns
8 that we have. And we look forward to
9 providing liquified natural gas, but in a safe
10 and reliable way that we know will both light
11 and heat our homes but also will protect our
12 communities.
13 Thank you.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Parker.
16 Any other Senator wishing to be
17 heard?
18 Senator Sabini.
19 SENATOR SABINI: Thank you, Madam
20 President. On the bill.
21 ACTING PRESIDENT YOUNG: On the
22 bill.
23 SENATOR SABINI: While I applaud
24 the sponsor's intentions of providing to find
25 alternative means of giving us power and
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1 energy and filling New York's needs in the
2 21st century, I find it ironic on the last day
3 of session, when we've heard so much over the
4 years from our senior member about the dangers
5 of liquid natural gas and the tragic accident
6 we saw some years ago in Staten Island, that
7 we would pass a bill that would allow
8 unfettered transport of LNG in these pilot
9 projects. And that concerns me greatly.
10 I think that there's sort of a
11 middle ground we can achieve, and I don't
12 think this is the middle ground. I would like
13 to see a more safety-conscious version of this
14 bill. And I'll be voting no.
15 Thank you.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator.
18 Senator Marcellino.
19 SENATOR MARCELLINO: Thank you,
20 Madam President. On the bill.
21 There's a lot of talk about
22 alternative energy and the need to provide
23 alternative sources of energy, clean-burning
24 fuels and all of that.
25 You can't have it both ways. You
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1 can't say you want something and then, every
2 time somebody puts up something that is an
3 alternative and would like to try it out, then
4 say: Oh, no, you can't do that. Oh, no, you
5 can't do that. Oh, no, you can't do that.
6 I mean, it's great to be for clean
7 fuel, to be for safe energy, to be for
8 additional sources of power -- and then to say
9 no to everything that's possible.
10 And to address Senator Sabini, the
11 disaster on Staten Island had absolutely
12 nothing to do with liquified natural gas. The
13 tanks were empty. It had to do with a liner
14 in the tank that was set off by a workman's
15 spark. It had nothing to do with liquified
16 natural gas. That's been proven.
17 We've debated that a hundred times
18 in this house, and it's been said over and
19 over again. To bring that up again is kind of
20 silly. We're going back over old, old ground
21 that is absolutely incorrect.
22 So let's deal with the reality,
23 let's deal with the facts. If you want clean
24 fuel and clean energy and alternative sources
25 of it, which we all say and we all recognize
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1 that we need, then you have to allow for
2 experimentation and pilot projects.
3 Otherwise, you can never get it. It's
4 important.
5 These are all land-based. There's
6 no floating, liquified natural gas here.
7 There's nothing set on sea or on waterways, so
8 we're not dealing with that issue. This deals
9 with land-based experiment, land-based
10 projects.
11 And, Madam President, I vote aye
12 when the time comes.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator.
15 Any other Senator wishing to be
16 heard?
17 Senator Sabini, for a second time.
18 SENATOR SABINI: Thank you, Madam
19 President. To address the remarks of the
20 previous speaker.
21 I agree with him that you can't
22 always be against everything. And I think
23 those of us that have concerns about this bill
24 are not against everything.
25 But I would, as the ranker on
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1 Transportation, like to hear from the
2 Department of Motor Vehicles on this. I'd
3 like to hear from the State Department of
4 Transportation on this. I'd like to hear from
5 the AAA about this. I have not heard those
6 voices yet. And since this bill would allow
7 certain projects to have LNG transferred on
8 our state's highways, that concerns me a lot.
9 And so no, I'm not a naysayer on
10 any new form of energy. But if we're going to
11 have LNG unregulated on our highways and
12 byways, even in a pilot project, I'd like to
13 know the safety factor on those. So that's my
14 concern.
15 Thank you, Madam President. I'll
16 be voting no.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator.
19 Any other Senator wishing to be
20 heard?
21 Then the debate is closed.
22 The Secretary will ring the bell.
23 Read the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the 120th 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 Wright, to explain his vote.
6 SENATOR WRIGHT: Thank you, Madam
7 President, to explain my vote. I want to
8 clarify a couple of items from the debate.
9 Number one, these are in fact pilot
10 projects. So this is not some big conspiracy
11 but in fact very specific, targeted pilots in
12 six different categories, using such things as
13 biogas from composting, landfill gas recovery
14 sites, remote distribution systems.
15 So what we're trying to do is use a
16 gradual, go-slow approach that in fact enables
17 us to study and draw the information from
18 looking at these various alternatives
19 statewide.
20 Equally important is we do not do
21 this in an unregulated environment. The very
22 same land-use agencies that review and site
23 the existing petroleum facilities, be it
24 diesel, gasoline or propane, are the very same
25 regulatory agencies that will oversee these
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1 sitings.
2 Equally important relative to
3 transportation, it is currently transported
4 through New York State, as opposed to within
5 New York State. This would allow the
6 intratransport, but only in full compliance
7 with all existing federal regulation and any
8 additional requirements imposed by DOT or DMV.
9 It further requires that NYSERDA
10 will work with the project with all of those
11 state agencies -- DOT, DEC, PSC -- and any
12 others that are necessary. And all of the
13 tanks will be registered with DEC.
14 It's a reasoned, go-slow approach
15 to begin exploring alternatives so in fact we
16 can have alternatives as opposed to simply
17 talking about them. I vote aye and encourage
18 my colleagues to do so.
19 Thank you.
20 ACTING PRESIDENT YOUNG: Thank
21 you, Senator Wright. You will be recorded in
22 the affirmative.
23 Announce the results.
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 1901 are
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1 Senators Andrews, Breslin, Coppola, Dilan,
2 Duane, Gonzalez, Hassell-Thompson, Klein,
3 L. Krueger, LaValle, Leibell, Morahan,
4 Onorato, Oppenheimer, Padavan, Parker,
5 Paterson, Sabini, Savino, Schneiderman,
6 Serrano, A. Smith and Stavisky.
7 Absent from voting on Calendar
8 Number 1901: Senators Connor, C. Kruger,
9 Meier and Sampson.
10 Ayes, 33. Nays, 23.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 Senator Robach.
14 SENATOR ROBACH: Yes, Madam
15 President. If we could continue with the
16 controversial reading of the calendar, moving
17 to Calendar 1921, please.
18 ACTING PRESIDENT YOUNG: The
19 Secretary will read Calendar 1921.
20 THE SECRETARY: Calendar Number
21 1921, by Senator Wright, Senate Print 7942B,
22 an act in relation to authorizing and
23 directing.
24 ACTING PRESIDENT YOUNG: Senator
25 Hassell-Thompson.
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1 SENATOR HASSELL-THOMPSON: Yes,
2 Madam President, thank you. On the bill.
3 ACTING PRESIDENT YOUNG: On the
4 bill.
5 SENATOR HASSELL-THOMPSON: If I
6 were asking a question of the sponsor of the
7 bill, I would ask why this bill and not Senate
8 4263, which is the "Cellphone Users' Bill of
9 Rights."
10 In the bill, as I understand it, it
11 authorizes and directs the Consumer Protection
12 Board to study complaints made by consumers of
13 wireless telephones. Well, that's what they
14 already do. And not only that, they work
15 already closely with the Attorney General's
16 office to study standards for wireless
17 telephone service.
18 Basically, this is a stall bill.
19 The bill that Senator Wright had put into play
20 before was a much, much better bill.
21 Particularly because as someone who for a
22 while was the ranking member of Consumer
23 Protection, I worked very closely with the
24 Consumer Protection Board and know that
25 complaints about cellphones were one of the --
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1 that and identity theft were two of the major,
2 major issues among consumers, particularly
3 senior citizens.
4 There are a lot of issues with
5 cellphones, but particularly, why do we need
6 to study this problem when we need to be
7 providing customers with the right to cancel
8 whenever it's appropriate?
9 For instance, every time you buy a
10 new phone or if you lose a phone, you have to
11 enter into a new contract, which means that
12 your costs continue to go up. If you're
13 already contracting with a cellphone company,
14 that contract should not be for the instrument
15 but for service.
16 Also, Senator Wright's former bill
17 requires disclosure of the contents of
18 contracts for the sale of cellphones. It also
19 calls to disclose the areas within the state
20 and each county where service is available by
21 companies selling cellphones. And the list
22 goes on. But it accomplishes some very
23 appropriate things that need to happen on
24 behalf of consumers.
25 My concern is that consumers are
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1 not protected by studies. And the necessity
2 for this study means that we're just stalling
3 an opportunity to help cellphone users and
4 particularly our seniors to get a better rate
5 and to get a better deal and also have the
6 option of opting out, when appropriate, out of
7 contracts that are not in their best interest.
8 Thank you, Madam President.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator.
11 Senator Wright.
12 SENATOR WRIGHT: Thank you, Madam
13 President. To, I guess, explain the bill
14 since the questions were not asked of me.
15 ACTING PRESIDENT YOUNG: On the
16 bill.
17 SENATOR WRIGHT: Let me begin by
18 saying my colleague is correct, we do have a
19 bill that would impose a whole series of
20 standards. We've held hearings, we've taken
21 testimony, we've looked at those issues.
22 And as part of that process, we
23 have two competing sets of reports and facts,
24 one prepared by AARP and one prepared by the
25 wireless industry. And they both assess
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1 public opinion, and they conclude two opposite
2 things. That's one reason why we need to have
3 somebody objectively look at it further.
4 The second reason is, as much as I
5 too share my colleague's concerns for senior
6 citizens and the impact that it has on those
7 individuals, I'm also concerned about all of
8 the consumers. And the utilization of
9 cellphones applies to most everyone nowadays
10 and is not limited to seniors. So
11 consequently, the impacts have a very broad
12 base and impact. That's why we want to take a
13 look at the implications of it.
14 The cellphone industry is truly a
15 nationwide industry. It is a relatively new
16 industry. And no one in the nation at this
17 point, no state has imposed regulations of
18 this nature. Therefore, New York would be --
19 number one, would be the most restrictive and,
20 more importantly, would have an adverse impact
21 on the competitiveness of the industry which
22 is in fact providing us those very competitive
23 rates.
24 We in fact would be adding, under
25 the former bill, substantial regulations and
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1 costs that would apply to everyone. Because
2 when you're allowed out of contracts, when
3 you're allowed to change the terms of
4 contracts, there is a cost in that process.
5 And that cost gets shifted to everyone who is
6 a user. So consequently, we want a clear
7 analysis of why that occurred.
8 And why are we advocating that?
9 Because California -- like New York, the
10 leader in the nation -- did in fact what the
11 other bill calls for, imposed all of those
12 standards and guidelines, very tough. In
13 fact, prided itself on having the toughest
14 regulations on the cellphone industry in the
15 nation.
16 And what did they do eight months
17 later after adopting those regulations and
18 standards? They suspended them. And they
19 reconsidered them. And the reasons were why?
20 To make them less restrictive and less costly.
21 What we're suggesting is New York
22 does not want to repeat the mistakes of
23 California, New York does not want to provide
24 additional costs and restrictions to its
25 consumers, New York wants it to remain a
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1 competitive environment.
2 And we want to also do an objective
3 study by disinterested third parties using the
4 collective resources of those state agencies
5 to draw a conclusion and give us
6 recommendations.
7 In deference to the work done to
8 date by AARP, we in fact incorporate their
9 standards as the standards to be studied. Not
10 some arbitrary selection of standards. But
11 very specifically incorporate what they're
12 looking to do.
13 So no one is trying to provide a
14 disservice to anyone. No one is disregarding
15 the information we have to date. But it is
16 conflicting information. And when we have
17 conflicting information, as we have done on
18 several other occasions this morning, whether
19 it's eminent domain or other issues, when we
20 cannot achieve a clear consensus, we advance
21 the need to provide additional information
22 through a study.
23 That's what this bill does today,
24 and I encourage my colleagues to support it.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator Wright.
2 Senator Diaz.
3 SENATOR DIAZ: Thank you, Madam
4 President. On the bill.
5 ACTING PRESIDENT YOUNG: On the
6 bill.
7 SENATOR DIAZ: This is another
8 instance where I have to stand and speak on
9 behalf of senior citizens.
10 I heard Senator Wright saying that
11 he is concerned about senior citizens but that
12 he's also concerned about the rest of the
13 population or the consumers. And I will agree
14 with him on that statement, but only if we
15 agree too that seniors and consumers are in
16 the same boat, but the seniors are in more
17 danger.
18 I used to be the chairman of the
19 Aging Committee of the New York City Council,
20 and right here and now I am a member of the
21 Aging Committee. And time after time I have
22 seen how seniors are being discriminated and
23 doing things that are not fair to them.
24 If we really care about senior
25 citizens, if we really put them in our minds
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1 and do the best thing for them, I think that
2 one of the best organizations that will help
3 us understand and fight for senior citizens is
4 the AARP, an organization, social organization
5 of those that really fight to protect senior
6 citizens' rights.
7 And not only in the City of
8 New York I have seen senior citizens being
9 discriminated by changing -- in my county, the
10 Bronx, by changing the daily hot meal.
11 Instead of giving them a daily hot meal, now
12 they're receiving frozen meals for the whole
13 week.
14 The Department of Housing recently
15 established a policy where a senior citizen
16 will be charged more money for services. If a
17 key of the door of the apartment for a senior
18 citizen drops by accident into the elevator
19 shaft, the senior will be charged $50 to get
20 the key out. And if a senior locks -- he or
21 she locks himself out of the apartment and
22 Housing has to come and open the door for
23 them, they're going to have to pay $50.
24 I think that seniors have given too
25 much for this nation, for our development.
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1 And if we are here, we are here because of
2 them. And I believe that when we have to do a
3 study -- so we're tired of studying. A
4 commission to study this, study that, a
5 commission for this, a commission for that.
6 Look at that and look at the other thing. And
7 nothing ever is done.
8 If we really want to establish
9 something and protect consumers, including
10 senior citizens, then we don't need a study,
11 we need a law. We need to pass a law, a law
12 that will create consumer protection for the
13 millions of cellphone users in New York State,
14 especially for those older and low-income
15 persons who might find themselves trapped in
16 an unfortunate contract.
17 We all have gone through that. We
18 all here, I believe that everyone here has a
19 contract with a cellphone company. We know
20 all the hanky-panky and the things that go
21 there. You get into a contract, you cannot
22 get out of the contract, you get something
23 that it is not what you were supposed to get.
24 The telephone drops everywhere, you can never
25 get a tone.
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1 So senior citizens have to be
2 protected. Not only senior citizens. As
3 Senator Wright rightfully said, the whole
4 consumer population of the State of New York.
5 And I believe that this is not a
6 good bill. A bill -- if we really want to do
7 it, let's make a law, not a study. We are
8 tired of studies, tired of commissions to do
9 things and at the end nothing happens.
10 So, Madam President, I am voting no
11 on this bill.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Diaz.
14 Any other Senator wishing to be
15 heard?
16 Then the debate is closed.
17 The Secretary will ring the bell.
18 Read the 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 Announce the results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 1921 are
2 Senators Andrews, Coppola, Diaz, Dilan, Duane,
3 Gonzalez, Hassell-Thompson, Klein, L. Krueger,
4 Morahan, Onorato, Oppenheimer, Parker,
5 Paterson, Sabini, Savino, Schneiderman,
6 Serrano, A. Smith, M. Smith, Stachowski,
7 Stavisky, Trunzo and Valesky. Also Senator
8 Breslin.
9 Absent from voting: Senators
10 C. Kruger and Sampson.
11 Ayes, 33. Nays, 25.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 Senator Robach.
15 SENATOR ROBACH: Madam President,
16 continuing on the controversial reading, could
17 we bring up Calendar 2093, please.
18 ACTING PRESIDENT YOUNG: Calendar
19 Number 2093, on debate.
20 THE SECRETARY: Calendar Number
21 2093, by Senator Robach, Senate Print 8200, an
22 act to amend the Legislative Law.
23 SENATOR LIZ KRUEGER:
24 Explanation.
25 ACTING PRESIDENT YOUNG: Senator
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1 Robach, an explanation has been requested.
2 SENATOR ROBACH: Yes, Madam
3 President.
4 This is a bill which would really
5 take away from the whim of the Legislature and
6 make mandatory joint conference committee
7 usage for the budgetary process. Which I
8 certainly believe has already shown, through
9 our optional usage, clearly adds to both the
10 timeliness as well as the openness of the
11 budget process.
12 And this is something that I have
13 been working on for a long time, as well as a
14 lot of advocates from across the state, but
15 especially from the Rochester area and Western
16 New York, where people are as equally
17 concerned with the process and know there is a
18 correlation to the outcome.
19 I don't want to be too long, but I
20 would say I feel this is so important, even in
21 our last budget negotiations, clearly having
22 everyone in the same room -- and I know this
23 happens for others -- allowed me to really,
24 with cameras rolling, set the record straight
25 on the amount of per-capita revenue sharing
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1 for the city of Rochester. I firmly believe
2 without this process in place, we probably
3 wouldn't have gotten that outcome.
4 I think it's far too long now that
5 we don't say we're going to do this on an
6 optional basis, we make this the standard
7 operating procedure for the budget. It's one
8 of the biggest things we do. The public has
9 asked for it. I think we should be
10 responsive. And hopefully this is a first
11 step -- I'm a believer in this process where I
12 think we've utilized it for other pieces of
13 legislation as well. But clearly the budget
14 is one of the most important and largest
15 things we do.
16 And so we're moving forward with
17 this as we try to hopefully at some point get
18 something not only passed in this house but in
19 the other house as well.
20 ACTING PRESIDENT YOUNG: Thank
21 you, Senator Robach.
22 Senator Krueger.
23 SENATOR LIZ KRUEGER: Thank you,
24 Madam President. If the sponsor would please
25 yield.
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1 ACTING PRESIDENT YOUNG: Will the
2 sponsor yield?
3 SENATOR ROBACH: I certainly
4 will.
5 ACTING PRESIDENT YOUNG: The
6 Senator yields.
7 SENATOR LIZ KRUEGER: Thank you.
8 Would this change anything from
9 what we've been doing the last several years,
10 or would this just codify what we've been
11 doing?
12 SENATOR ROBACH: I guess I would
13 say you could use the word "codify."
14 What it will do, quite frankly and
15 simply, is we no longer have to wait for the
16 collective mood of the bodies or the
17 leadership. It would put into statute
18 conference committees have to be established,
19 timeliness of how they met, and again, be a
20 concrete assurance that the process be more
21 open and I believe it also leads to
22 timeliness.
23 SENATOR LIZ KRUEGER: Madam
24 President, if the sponsor would please yield.
25 ACTING PRESIDENT YOUNG: Senator
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1 Robach, do you yield?
2 SENATOR ROBACH: I will.
3 ACTING PRESIDENT YOUNG: He
4 yields.
5 SENATOR LIZ KRUEGER: Thank you.
6 Under the process we've been using
7 and, as you describe, would be codifying by
8 putting it into statute, we still don't really
9 do budget conferences on the capital funds or
10 the tax revenue budget. Would this bill
11 assure conferencing on those parts of the
12 budget as well?
13 SENATOR ROBACH: I am not sure of
14 every in and out and specific.
15 What I do know is it would
16 absolutely guarantee -- again, the example I
17 gave on local governments. I do think those
18 things, there is absolutely an opportunity for
19 everything in the budget process, if people
20 want to bring it up in the committee process
21 when they're there, I think that empowers the
22 rank-and-file members in this process to
23 really talk about anything they want that you
24 can make a legitimate, cogent argument is
25 related to the committee you're on.
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1 So while it doesn't specifically
2 say those portions have to be covered, I
3 certainly think if you're on that conference
4 committee, I'm on that conference committee,
5 we could bring that up at that point. So my
6 answer would be yes, it would cover that.
7 SENATOR LIZ KRUEGER: Madam
8 President, through you, if the sponsor would
9 continue to yield.
10 ACTING PRESIDENT YOUNG: Senator
11 Robach, do you yield?
12 SENATOR ROBACH: Absolutely.
13 SENATOR LIZ KRUEGER: Thank you.
14 Is there anything in this bill that
15 would codify that there should be markups of
16 the actual bills through these conferences a
17 la what Congress does, where you have a
18 conference committee and you actually take a
19 look at budget bills and you actually work on
20 them in public and have markup sessions?
21 Would this allow for that or assure that?
22 SENATOR ROBACH: It does not
23 mandate that. But certainly we could
24 absolutely do that.
25 I think I would agree that
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1 historically, in our operations of voluntarily
2 using conference committees, we're sort of a
3 little bit more of a work in progress, because
4 oftentimes the result of the committee will
5 change the nature of the bill.
6 But that doesn't mean we couldn't
7 start with an actual bill in print. And
8 again, I think this would be up to the
9 collective will of the members of both houses.
10 I would say that goes on to a much
11 greater degree in this house than it does in
12 the other body of this Legislature.
13 SENATOR LIZ KRUEGER: Madam
14 President, if the sponsor would continue to
15 yield.
16 ACTING PRESIDENT YOUNG: Does the
17 Senator yield?
18 SENATOR ROBACH: Certainly.
19 ACTING PRESIDENT YOUNG: The
20 Senator yields.
21 SENATOR LIZ KRUEGER: I actually
22 have no idea if it happens more in this house
23 than the other house.
24 SENATOR ROBACH: Well, if you --
25 I can assure you it does. And just pay
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1 attention and look.
2 SENATOR LIZ KRUEGER: Oh, I do
3 pay attention. Thank you, Senator.
4 One of the frustrations of people
5 who do pay attention and watch the conference
6 committee process for the budget that has been
7 operating so far is that anything that seems
8 to get into a debate gets taken out of the
9 conference committee and moved into what's
10 euphemistically called the mother ship.
11 Would anything in this bill stop
12 that process from continuing?
13 SENATOR ROBACH: I don't believe
14 it would.
15 But I also think that if this is
16 absolutely how we have to operate, I do think
17 to some degree it can change the historical,
18 cultural differences, where certainly it
19 should be required, requested and asked of the
20 members at that mother-ship committee, for
21 lack of a better term, to explain what went
22 on, what the input was from everything.
23 Maybe this will expedite some of
24 your questions. I really believe that what we
25 have now, as opposed to what this will do, it
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1 will make it a hundred percent better. But
2 there's no doubt, like in any legislative body
3 or any system, how much the members speak up,
4 how aggressive we are, how much we delve into
5 it will have a resultant outcome, as well as
6 that openness is.
7 But this process that we're putting
8 in is a great, great jump to a much, much
9 better place than where we are now. There
10 have been years when I've been in this
11 Legislature where one house in this
12 Legislature has refused to participate in
13 conference committees. The result of that was
14 not only late budgets, but everything you're
15 asking about being done in the back room.
16 This bill clearly makes the
17 likelihood of that almost impossible, unless
18 people want to go out there and not ask the
19 questions people like you and I would ask, of
20 not only of their collective house but the
21 other house as well.
22 SENATOR LIZ KRUEGER: Thank you.
23 Madam President, on the bill.
24 ACTING PRESIDENT YOUNG: Senator
25 Krueger, on the bill.
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1 SENATOR LIZ KRUEGER: Thank you.
2 I appreciate the sponsor's answers
3 to my questions.
4 I do support the bill. I just
5 think we aren't going far enough. When the
6 sponsor references that this will dramatically
7 improve the process, I think at the same time
8 he agreed with me this will codify in statute
9 the process as it's been operating for the
10 last year or two. And yes, that has been an
11 improvement over the process prior to the last
12 two years.
13 But in fact, I would argue that it
14 is not some great leap, it is simply a bill
15 that says we should continue to do in statute
16 what we have been doing for the last two
17 years.
18 Having said that, we have much more
19 to do on this issue. I would argue that a
20 conference committee process for the budget
21 should include all pieces of the budget, not
22 selected sections of the budget. I would
23 argue or even challenge us all to imagine
24 trying to actually codify in a law the
25 mother-ship process. You couldn't, because
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1 there actually isn't one that you could
2 possibly explain or justify in legislative
3 bill-drafting language.
4 But perhaps that would be worth an
5 attempt, because then we would realize how
6 much further we have to go in establishing an
7 actual open, legitimate budget review process
8 where the public can see what's going on,
9 where legislators can have markup sessions and
10 discuss their differences of opinion, as we
11 absolutely have the right to do, about all the
12 parts of the budget.
13 I would argue that we need an
14 extended timeline for budget bills and budget
15 conferences. In fact, I carry a bill that
16 says that on budget bills we should have a
17 10-day timeline in the law rather than a
18 three-day timeline.
19 I also carry a bill that says we
20 should have standing conference committees on
21 any similar bills that pass two houses, not
22 just specific to a subsection of the budget
23 bills in a budget conference committee process
24 as laid out in this bill.
25 So I appreciate the Senator's
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1 answering the questions. I certainly can
2 support the bill. I have learned that in
3 Albany even small baby steps forward are worth
4 supporting. But I don't want anyone to walk
5 away with the assumption that we have made
6 some great leap here in putting into statute
7 the process as it's been operating, again, I
8 believe for the last two years.
9 We have a beginning here, as
10 Senator Robach pointed out. But I don't want
11 anyone walking away thinking that we have
12 completed the task in an open and equitable
13 budget process that I believe, if we were to
14 codify, would dramatically improve not just
15 the process of passing a budget in New York
16 State but the final outcome of that budget.
17 And that the people that we represent in every
18 district of this state would be pleased and
19 impressed that we could take those steps. But
20 we're not there yet.
21 So I will be voting yes. Thank
22 you, Madam President.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Krueger.
25 Any other Senator wishing to be
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1 heard?
2 Then the debate is closed.
3 The Secretary will ring the bell.
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: In relation to
13 Calendar Number 2019, those Senators absent
14 from voting: Senators C. Kruger and Senator.
15 Ayes, 58. Nays, 0.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 Senator Robach.
19 SENATOR ROBACH: Yes, Madam
20 President, could we recognize --
21 ACTING PRESIDENT YOUNG: Senator
22 Oppenheimer, why do you rise?
23 SENATOR OPPENHEIMER: I would
24 like, Madam President, for the record to note
25 that I was out of the chamber on Senate
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1 business when 8330 passed, and I would like to
2 be registered as a no vote. Or have it noted
3 that I would have voted no.
4 Thank you, Madam President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Oppenheimer. The record will so
7 reflect.
8 Senator Robach.
9 SENATOR ROBACH: Yes, Madam
10 President. Continuing on the controversial
11 calendar, could we bring up Calendar Number
12 1899, please.
13 ACTING PRESIDENT YOUNG: Calendar
14 Number 1899, on debate.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1899, by Senator Johnson, Senate Print 5517C,
18 an act to amend the Vehicle and Traffic Law.
19 SENATOR SCHNEIDERMAN:
20 Explanation.
21 ACTING PRESIDENT YOUNG: Senator
22 Johnson, an explanation has been requested.
23 SENATOR JOHNSON: Yes. This is a
24 law concerning a relatively new invention
25 called a personal assistive transportation
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1 device, which is a Segway, it's called Segway,
2 a two-wheeled device powered by electricity
3 which you can use to travel streets,
4 sidewalks, so on -- wherever it's authorized,
5 of course -- at a speed between 3 and
6 12.5 miles an hour, depending on how you
7 govern it.
8 And this law that we're talking
9 about today was passed twice, a similar law
10 was passed twice in 2003 and 2005, but it was
11 with objections from New York City.
12 And so this bill has been
13 redesigned so that New York City is not
14 included in this. It can only be used outside
15 New York City, unless the city itself opts
16 into this law. They'd have to pass local laws
17 authorizing its use if they wanted to do it.
18 And it was very interesting that
19 the Mayor is now supportive of this, but we're
20 not putting the city in the law. He's going
21 to do it on his own, I guess when he's ready,
22 when the City Council is ready.
23 But they've already had experiments
24 with the police riding these, to see how they
25 could patrol the parks and so with these, and
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1 they found they're very useful. They stand a
2 little higher than the person standing up on
3 this, of course. And you travel a little
4 faster.
5 It's no wider than a person and no
6 deeper than a person. It takes very little
7 space on the sidewalks. And they're very
8 pedestrian-friendly. Forty states have
9 already passed laws legalizing this type of
10 device, and I think it's about time that we
11 should pass it in this state.
12 Thank you.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Schneiderman, why do you rise?
15 SENATOR SCHNEIDERMAN: Mr.
16 President, if the sponsor would yield for a
17 few brief questions.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Johnson, do you yield for a question?
20 SENATOR JOHNSON: Yes.
21 ACTING PRESIDENT MARCELLINO: He
22 yields, Senator.
23 SENATOR SCHNEIDERMAN: Thank you.
24 Am I correct in understanding that
25 this year's version of the bill has been
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1 modified and that now Segways would remain
2 illegal in the City of New York unless the
3 local governing body, the Mayor and the
4 Council, take action, and that if they want --
5 as you indicated they might want to do -- to
6 allow police officers to use the Segways,
7 unless we pass this bill, they will not be
8 allowed to pass legislation to enable police
9 officers to use Segways?
10 SENATOR JOHNSON: Well, that's
11 correct.
12 SENATOR SCHNEIDERMAN: And
13 following up on that --
14 ACTING PRESIDENT MARCELLINO:
15 Senator Johnson, do you yield for another
16 question?
17 SENATOR JOHNSON: Yes.
18 ACTING PRESIDENT MARCELLINO: He
19 yields, Senator.
20 SENATOR SCHNEIDERMAN: Outside of
21 the City of New York, it is my understanding
22 that the bill has been modified to allow any
23 local government -- and I'm now reading from
24 Section 1271(2)(a) -- to prohibit entirely or
25 prohibit the use thereof in specific areas
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1 under the jurisdiction of such county, city
2 town village.
3 So essentially, in the City of
4 New York, unless the Mayor and the City
5 Council act, Segways are illegal for all
6 purposes, and in every other part of the
7 state, any local government can ban them,
8 limit their use in any way they see fit. Is
9 that correct?
10 SENATOR JOHNSON: That's exactly
11 right.
12 SENATOR SCHNEIDERMAN: Thank you.
13 Mr. President, on the bill. Thank
14 the sponsor.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Schneiderman, on the bill.
17 SENATOR SCHNEIDERMAN: I have
18 voted against previous incarnations of this
19 bill, but I have to say I have rarely seen the
20 manufacturer of a product continue to modify
21 legislation to provide for every possible
22 restriction. All the things that we requested
23 they do in this version of the bill I believe
24 they have done.
25 I appreciate the fact that now the
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1 City of New York, which used to be opposed to
2 this, supports this legislation. They are
3 interested, perhaps, in having police officers
4 use Segways and would require this law before
5 they could do so.
6 So I'm going to withdraw my
7 opposition at this time, Mr. President. And I
8 think if -- there -- Segways are legal in most
9 states, and if we have problems with them I'm
10 sure our local governments will not hesitate
11 to regulate or restrict their use.
12 But I have to say that this version
13 of bill really provides as many safeguards as
14 you could possibly ask for, and I'm impressed
15 with the responsiveness of this company in
16 coming up with provisions that would make it
17 acceptable to the City of New York and
18 acceptable to me.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MARCELLINO: Any
21 other Senator wishing to be heard?
22 Senator Krueger.
23 SENATOR LIZ KRUEGER: Thank you,
24 Mr. President. If the sponsor would please
25 yield.
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1 ACTING PRESIDENT MARCELLINO:
2 Senator Johnson, do you yield for a question?
3 SENATOR JOHNSON: Yes,
4 Mr. President.
5 ACTING PRESIDENT MARCELLINO: The
6 sponsor yields.
7 SENATOR LIZ KRUEGER: Thank you,
8 Mr. President.
9 So as was just explained by my
10 colleague Senator Schneiderman -- and for
11 people who like to listen, you should listen,
12 because we're going to have a big disagreement
13 on this, Senator Schneiderman and I.
14 As you explained it, in New York
15 City it would be illegal unless the city
16 passed a law, but it would not be under motor
17 vehicle law in this bill for the City of
18 New York. That's how I read the bill.
19 So the question is, would there be
20 any requirements for registering a license or
21 insuring such vehicles?
22 SENATOR JOHNSON: We don't have
23 any regulations in this bill. It is under the
24 motor vehicle law, though.
25 SENATOR LIZ KRUEGER: I believe,
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1 as I read it, it would not be subject to motor
2 vehicle law in the City of New York or in a
3 city with a million or more people. So I
4 believe it would not.
5 It's specifically excluded from
6 being considered a motor vehicle within a city
7 with a population of 1 million or more. So
8 there's different rules for whether it's in
9 the city or outside the city.
10 SENATOR JOHNSON: I would believe
11 that if the city did opt into it, they would
12 adopt the article in here about regulation,
13 traffic laws, so on and so on and so on. They
14 would put that in their own laws, I'm sure.
15 They could mimic what every other municipality
16 would be governed by.
17 SENATOR LIZ KRUEGER: Mr.
18 President, if through you the sponsor would
19 yield.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Johnson, do you continue to yield?
22 SENATOR JOHNSON: Yes, I do.
23 ACTING PRESIDENT MARCELLINO: He
24 yields, Senator.
25 SENATOR LIZ KRUEGER: Thank you.
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1 So it is your understanding that
2 the City of New York could require insurance
3 for such vehicles even though it wouldn't be
4 under motor vehicle law for the City of
5 New York?
6 SENATOR JOHNSON: I'm sure they
7 could do that, yes.
8 I don't know, do they do that for
9 bicycles and scooters? I don't know. Is that
10 what they do now with scooters and bicycles?
11 Then they would do the same thing for this, I
12 suppose.
13 SENATOR LIZ KRUEGER: Mr.
14 President, if through you the sponsor would
15 continue to yield.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Johnson, do you continue to yield?
18 SENATOR JOHNSON: Yes.
19 ACTING PRESIDENT MARCELLINO: He
20 yields.
21 SENATOR LIZ KRUEGER: Thank you.
22 Would you have to be licensed to
23 ride one of these vehicles, Senator Johnson?
24 SENATOR JOHNSON: No, you
25 wouldn't.
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1 SENATOR LIZ KRUEGER: You would
2 not.
3 SENATOR JOHNSON: They're very
4 simple to operate. Anyone can do it. They're
5 very safe.
6 SENATOR LIZ KRUEGER: Thank you.
7 Mr. President, if through you the
8 sponsor would continue to yield.
9 ACTING PRESIDENT MARCELLINO:
10 Senator, do you continue to yield?
11 SENATOR JOHNSON: Yes,
12 Mr. President.
13 ACTING PRESIDENT MARCELLINO: The
14 Senator continues to yield, Senator.
15 SENATOR LIZ KRUEGER: Thank you.
16 There was reference made to the
17 company that has produced these and has been
18 working with the Legislature to change the law
19 to try to make it more acceptable.
20 Is it your understanding, Senator,
21 that we aren't actually allowed to pass laws
22 that could be would be to the advantage of any
23 specific company?
24 SENATOR JOHNSON: Would you
25 repeat that question, please?
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1 SENATOR LIZ KRUEGER: Certainly.
2 Is it your understanding that the
3 State Legislature is forbidden from passing a
4 law that would be specific to a company and
5 their business interests?
6 SENATOR JOHNSON: Well, actually,
7 this talks about a personal assistive mobility
8 device. If another company devised one, I'm
9 sure that would be covered under the law as
10 well. Right now it's a generic term, I think.
11 We don't mention the manufacturer in this
12 bill.
13 SENATOR LIZ KRUEGER: Thank you,
14 Mr. President. On the bill.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Krueger, on the bill.
17 SENATOR LIZ KRUEGER: Thank you.
18 I appreciate the Senator's responses to my
19 questions, although it leaves me with the same
20 questions.
21 These are vehicles that would be
22 potentially allowed in City of New York --
23 granted, with city approval -- that wouldn't
24 fall under motor vehicle law. And I'm not
25 convinced that then the City of New York would
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1 have any ability to mandate that there was
2 insurance coverage, liability protections,
3 licensing of these vehicles, since they, under
4 this law, wouldn't fall under the State
5 Department of Motor Vehicles law.
6 I have seen these in operation in
7 my district. I'd like to discuss a little bit
8 about my district. It's probably the most
9 densely populated section of the country and
10 certainly ranks up there with the world. My
11 district includes Midtown Manhattan, the East
12 Side, North Chelsea, the Upper East Side. I
13 have a disproportionately large number of
14 senior citizens who live in my district, and a
15 population density during the days on the
16 sidewalks that is so extreme that in several
17 situations, particularly in the Midtown
18 section of my district, we've had to work with
19 the police about how we ensure that
20 pedestrians can fit on the sidewalks rather
21 than on the streets, because they have taken
22 to walking in the roadways because there is no
23 room for them to walk on the sidewalks.
24 We have had a growing incidence of
25 pedestrian/vehicle accidents and, in fact,
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1 deaths on major thoroughfares and corners in
2 my district, although they are reflected
3 throughout Manhattan, not just my district.
4 These sidewalks are too crowded as
5 is. They are crowded by citizens who live
6 there, citizens who are working there,
7 disproportionately significant numbers of
8 seniors, and in fact, in many parts of the
9 district, young mothers and father with
10 children in either carriages or trying to
11 watch them weave in and out of the overcrowded
12 sidewalks and trying to prevent them from
13 accidentally crossing into the streets when
14 they are not being watched carefully enough or
15 they can't be seen because the crowds are so
16 extreme in my district.
17 Perhaps the number-one
18 quality-of-life issue that is discussed in my
19 district after noise is the problem of
20 bicycles on the sidewalks. And that is a
21 regulated vehicle, bicycles, and yet we find
22 that there is constant violation of the law
23 with disproportionately large numbers of hired
24 bicycle --
25 ACTING PRESIDENT MARCELLINO:
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1 Excuse me, Senator.
2 Ladies and gentlemen, if you could
3 please, any conversations, take them out of
4 the chamber. We will call you back when it's
5 time to vote. If the conversation is that
6 important, please take it out of the chamber.
7 Thank you, Senator.
8 SENATOR LIZ KRUEGER: Thank you,
9 Mr. President.
10 As I was saying, bicycles on the
11 sidewalks are an enormous additional problem,
12 disproportionately causing problems, again,
13 for seniors, for the disabled, and for
14 families with young children.
15 I have been doing a lot of work
16 recently and held a number of town hall
17 meetings and open discussions about working
18 with a group called Transportation
19 Alternatives and trying to deal with the ways
20 that the City of New York could make our
21 sidewalks, quote, more pedestrian-friendly.
22 We have also explored what we're
23 referring to, with the City Council, of "elder
24 districts," where you would have different
25 standards in areas that are disproportionately
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1 resided in by senior citizens.
2 I think a fascinating piece of
3 information that I didn't know until I started
4 to do this work was that the average American
5 walks 4 feet per second. The average senior
6 walks 2 and a half feet per second. See, did
7 any of us know that? No.
8 Why would I know that? Because in
9 my district we find a problem with seniors not
10 being able to even cross the streets in time
11 for these -- for the red light/green light
12 patterns. They get trapped, cannot get across
13 the avenues because they do not have the time
14 in relationship to the red/green changes. We
15 have seniors who in fact rearrange their life
16 patterns to avoid ever having to cross certain
17 thoroughfares because they know that they
18 cannot do it in the time allowed.
19 This problem is added to by the
20 fact that we have seniors and disabled and
21 children in carriages who end up being clogged
22 up at the intersections for crossing, which
23 even decreases their ability to cross the
24 streets and get down the sidewalks.
25 I'm trying to explain the visuals
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1 for those of you who might not have visited my
2 district recently. Although I hope you all
3 do, because it's a great district with
4 wonderful things going on.
5 But these devices on the sidewalks
6 will add dramatically, in my opinion, to the
7 chaos factor and create additional problems
8 for people attempting to walk down our
9 sidewalks and across our streets.
10 Fairly recently I walked out of my
11 district office and there were five people on
12 Segways on the sidewalk crossing in front of
13 the door of my building. Technically illegal,
14 but there they were. And I watched as people
15 attempted to move out of their way.
16 These vehicles average 70 to
17 80 pounds. They can go extremely fast
18 compared to pedestrians or people in
19 wheelchairs. They have X amount of time that
20 is required before they can stop. And in
21 fact, in the one example I saw on the
22 sidewalks, they could not stop in time for the
23 people moving up and down the sidewalks, and I
24 witnessed several bumps just by watching them
25 on one block. I did not attempt a citizen's
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1 arrest -- excuse me, this is not legal in
2 New York City -- but it was fairly disturbing
3 to observe them on the sidewalk.
4 And again, one might argue why
5 would you have gangs of Segway riders, five at
6 a time. But nonetheless, they were in this
7 situation.
8 There are any number of
9 organizations who have in fact urged us not to
10 pass this legislation. I heard the statement
11 that the Mayor of the City of New York has
12 changed his position and now wants them. My
13 understanding was that the City of New York
14 withdrew its memo of opposition, not that they
15 put in a memo of support, although I could be
16 wrong on that.
17 But we have the American Automobile
18 Association, the American Lung Association,
19 the Brain Injury Society, Citizens
20 Environmental Coalition, Environmental
21 Advocates, Institute for Transportation and
22 Development Policy, Manhattan Boroughwide
23 Agency Council on Aging, Natural Resources
24 Defense Council, Neighborhood Streets Network,
25 New York Bicycle Coalition, New York Public
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1 Interest Research Group, Regional Planning
2 Association, Safe Kids New York, the Sierra
3 Club, Transportation Alternatives, TriState
4 Transportation Campaign, Washington Heights
5 and Inwood Council on Aging all joining me in
6 opposing this bill.
7 Yes, if we pass it here, it still
8 doesn't happen in my city unless the Council
9 and the Mayor come to some agreement. But I
10 have to argue that we should not let this
11 pass. We should not let it be an option in
12 the city.
13 I would think that there are any
14 number of towns and municipalities throughout
15 the State of New York who might find
16 themselves feeling the same way I do, and so
17 perhaps they could also move legislation to
18 prevent these types of vehicles from
19 traversing their streets and their roads.
20 But I will speak only for my
21 district in the City of New York when I tell
22 you that this is a very bad idea whose time
23 has not come, and I will be voting no and
24 urging my colleagues to.
25 Thank you, Mr. President.
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1 ACTING PRESIDENT MARCELLINO: Is
2 there any other Senator wishing to be heard?
3 The debate is closed.
4 The Secretary will please ring the
5 bell.
6 Read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MARCELLINO:
13 Senator Oppenheimer, to explain her vote.
14 SENATOR OPPENHEIMER: Thank you.
15 This is an improved bill, in that
16 it does give local communities the right to
17 vote on it, but --
18 ACTING PRESIDENT MARCELLINO:
19 Excuse me, Senator. Just hold on a minute,
20 please.
21 Ladies and gentlemen, please take
22 your seats. The Senator would like to explain
23 her vote.
24 The quicker we can do this, the
25 faster we move the process, please. It's
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1 going to be a long day.
2 SENATOR OPPENHEIMER: But I am
3 voting no because I think this would be
4 detrimental to pedestrian traffic.
5 Were the Segways to be on the
6 roadbeds and not on the sidewalks, I would be
7 more supportive. But considering it is on
8 sidewalks -- and I have seen the size of these
9 things. They're rather big. And I don't
10 think that they belong on the sidewalk where
11 people are walking. You know, young or
12 elderly, they could be very much impacted if
13 one of these ever fell on them.
14 So I'll be voting no. And maybe if
15 it comes back as something that would be in
16 roadways rather than on sidewalks, I would be
17 interested in supporting it.
18 ACTING PRESIDENT MARCELLINO:
19 Thank you, Senator.
20 Senator Oppenheimer, I assume
21 you're recorded in the negative.
22 SENATOR OPPENHEIMER: Negative,
23 thank you.
24 ACTING PRESIDENT MARCELLINO:
25 Please announce the results.
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 1899 are
3 Senators Andrews, Connor, Gonzalez, Klein,
4 L. Krueger, LaValle, Leibell, Marcellino,
5 Morahan, Oppenheimer, Sabini, Saland, Savino,
6 Serrano, A. Smith, Spano, Stachowski, Stavisky
7 and Valesky.
8 Those Senators absent from voting:
9 Senators C. Kruger and Sampson.
10 Ayes, 39. Nays, 19.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 Senator Robach.
14 SENATOR ROBACH: Yes,
15 Mr. President. If we could continue with the
16 controversial calendar and go to Calendar
17 Number 334, please.
18 ACTING PRESIDENT MARCELLINO: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 334, substituted earlier today by Member of
22 the Assembly Schimminger, Assembly Print
23 Number 3676D, an act to amend the General
24 Business Law.
25 SENATOR SCHNEIDERMAN:
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1 Explanation.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Young, an explanation has been
4 requested.
5 Ladies and gentlemen, I might ask
6 again if we can please have some quiet in the
7 chamber.
8 SENATOR YOUNG: Thank you,
9 Mr. President.
10 This bill amends the General
11 Business Law and the Alcoholic Beverage
12 Control Law to prohibit any person or business
13 from selling an alcohol vaporizing device and
14 prohibiting a licensee -- that's someone a
15 liquor license -- from possessing or making
16 available for use an alcohol vaporizing device
17 upon the premises of that establishment.
18 It establishes penalties because
19 persons who sell and licensees who possess or
20 make available on the premises of a licensed
21 establishment alcohol vaporizing devices would
22 be guilty of a violation for a first offense
23 with a fine not more than $5,000. It would be
24 elevated to Class B misdemeanor and a fine not
25 more than $10,000 for a subsequent offense
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1 within five years.
2 This is an agreed-upon bill with
3 the Assembly. It's something that's been an
4 issue for several years. Several other states
5 have banned these devices. And that's why
6 this legislation is before us today.
7 ACTING PRESIDENT MARCELLINO: Any
8 Senator wishing to be heard on the issue?
9 Senator Sabini, why do you rise?
10 SENATOR SABINI: Mr. President,
11 on the bill.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Sabini, on the bill.
14 SENATOR SABINI: I'm not going to
15 create a protracted debate on this, because
16 we've had a vote on this bill earlier this
17 year, and we had a protracted debate last year
18 on it.
19 I just want to point out to my
20 colleagues very quickly that these devices are
21 used in regulated places. To use them, you
22 have to use a regulated product: spirits.
23 Banning this is no different than banning an
24 ice cube tray, a refrigerator, a glass. I
25 just think it's a little overkill.
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1 I think our entertainment industry
2 is smart enough not to jeopardize their
3 licenses by having people use these recklessly
4 or have people under 21 -- and if they have
5 people under 21 using alcohol, they lose their
6 license anyway.
7 I just think this is an attempt to
8 find something to object to with a new device
9 that some in the entertainment industry
10 thought would help business, especially after
11 we -- some of our hospitality establishments
12 took a hit after we banned smoking in them.
13 So I am again going to vote no.
14 Thank you.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator.
17 Any other Senator wishing to be
18 heard?
19 Senator Young.
20 SENATOR YOUNG: Thank you,
21 Senator. On the bill.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Young, on the bill.
24 SENATOR YOUNG: I'm surprised to
25 hear my colleague say this is overkill,
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1 because these devices are extremely dangerous.
2 The way they work is that you take a shot of
3 alcohol and it goes into a machine, it's mixed
4 with air, and the person ingesting it actually
5 inhales it into their lungs.
6 The reason why this makes it very
7 dangerous is that it totally bypasses the
8 digestive system. Usually when you have a
9 glass of wine, even when you drink a shot of
10 alcohol, it goes into your stomach and into
11 your digestive system and it's processed over
12 time. About 10 to 15 percent is processed in
13 the stomach, then it goes into the small
14 intestine, where about 85 to 90 percent of the
15 processing occurs. Well, you don't have this
16 rapid rush that you have with these
17 alcohol-without-liquid machines.
18 And what happens when you inhale
19 it, number one, it damages your lung and,
20 number two, it goes directly into your
21 bloodstream, goes directly to your brain.
22 Study after study has shown that alcohol kills
23 brain cells when you ingest too much of it.
24 The other problem with this is the
25 fact that these machines also increase the
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1 risk of addiction. There's a researcher at
2 Brown Medical School, and he says that when
3 researchers want to model addiction to alcohol
4 with rats, they use this vaporizing method.
5 Because, number one, the rats don't want to
6 drink the alcohol, but, number two, it gets
7 rats hooked on alcohol much quicker. Think
8 about how that translates for humans.
9 So these machines are dangerous.
10 They promote alcohol addiction. They could
11 cause damage to the brain and the lungs. And
12 they also promote drunk driving.
13 So I'm very happy that this bill is
14 before us today. As I said previously, other
15 states have outlawed these machines. We
16 should do the same in New York State. This is
17 an agreed-upon bill with the State Assembly.
18 And I would urge all of my colleagues to vote
19 yes on this legislation.
20 Thank you very much, Mr. President.
21 ACTING PRESIDENT MARCELLINO:
22 Thank you, Senator.
23 Senator Duane.
24 SENATOR DUANE: Thank you,
25 Mr. President. Just to speak on the bill.
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1 ACTING PRESIDENT MARCELLINO:
2 Senator Duane, on the bill.
3 SENATOR DUANE: I'm going to vote
4 for it. But as was just raised by Senator
5 Young, if someone does become addicted to
6 alcohol, then they need treatment. And
7 without Timothy's Law, a lot of New Yorkers
8 will not get the treatment that they need.
9 So while it's good that we're going
10 pass this bill today, we still have work to do
11 because we still have to pass Timothy's Law.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MARCELLINO:
14 Thank you, Senator Duane.
15 Thank you, Senator Young, for the
16 biology lesson.
17 Senator Sabini.
18 SENATOR SABINI: Mr. President,
19 on the bill.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Sabini, on the bill.
22 SENATOR SABINI: I just want to
23 point out that while the sponsor may have
24 mentioned that this is how they force rats to
25 ingest alcohol, I would submit that I've never
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1 seen a rat take a drink yet of alcohol or
2 order a martini anywhere. I think it's a
3 procedure they use scientifically to get the
4 rat to participate in the experiment. So I
5 really don't think that's a particularly good
6 reason to ban these.
7 Additionally, the common
8 denominator in all of the things being said by
9 the sponsor is the regulated product. And
10 it's sold in a regulated atmosphere.
11 So I'm confident that the people we
12 have licensed in this state and the people who
13 regulate those licenses are experienced enough
14 to handle this machine. I don't think that
15 this machine is any different than anything
16 else used in a hospitality establishment. And
17 that's why I oppose it.
18 Thank you.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you, Senator.
21 Any other Senator wishing to be
22 heard?
23 SENATOR PADAVAN: Yes.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Padavan, on the bill.
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1 SENATOR PADAVAN: Senator Sabini
2 repeatedly says this is a regulated industry.
3 And he knows and I know, in his district and
4 mine, in every part of the state, particularly
5 in New York City, that is the least regulated
6 industry.
7 And why? Lack of resources, lack
8 of inspectors, problems that prevail
9 throughout the city. All sorts of terrible
10 things coming out of this regulated industry.
11 Police having to shut them down using other
12 laws rather than the regulatory agency, the
13 SLA.
14 So to hang our hats on that doesn't
15 make any sense at all.
16 But the bottom line is this device
17 is designed to get people drunk more quickly
18 and more efficiently. Plain and simple. And
19 they'll inhale this alcohol through this
20 device as they're leaving, and we know what
21 could possibly happen after that.
22 It makes a great deal of sense not
23 to have this particular product. And I don't
24 know that it's regulated as a product by
25 anyone. Perhaps you could share some
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1 specifics. I don't know if the device itself
2 is regulated by any federal or state agency.
3 To my knowledge, it's not. The premise may
4 be, but the device is not.
5 ACTING PRESIDENT MARCELLINO:
6 Thank you, Senator Padavan.
7 Debate is closed.
8 The Secretary will ring the bells,
9 please.
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MARCELLINO:
18 Announce the results, please.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 334 are
21 Senator Andrews, Coppola, Gonzalez, Klein,
22 L. Krueger, Parker, Sabini, Savino and
23 Schneiderman.
24 Absent from voting: Senators
25 C. Kruger and Sampson.
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1 Ayes, 49. Nays, 9.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 Senator Robach.
5 SENATOR ROBACH: Yes,
6 Mr. President. If we could go to the
7 supplemental active list and begin with the
8 noncontroversial reading of the calendar,
9 please.
10 Mr. President, if we could just
11 delay for one moment at the request of
12 Senator Schneiderman.
13 ACTING PRESIDENT MARCELLINO: It
14 will be my pleasure to do so.
15 SENATOR SEWARD: Mr. President.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Seward, why do you rise?
18 Excuse me one second, Senator.
19 Can I have some attention, please.
20 Shhh.
21 Thank you, Senator.
22 SENATOR SEWARD: I just had one
23 request, Mr. President. I was unavoidably out
24 of the chamber when Calendar 760 passed
25 earlier today, and I would just like the
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1 record to reflect that had I been here, I
2 would have voted in the negative.
3 ACTING PRESIDENT MARCELLINO: The
4 record will so reflect, Senator, without
5 objection.
6 SENATOR SEWARD: Thank you.
7 ACTING PRESIDENT MARCELLINO: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 140, by Senator Oppenheimer, Senate Print
11 5304A, an act to amend the Criminal Procedure
12 Law.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 224, by Senator Larkin, Senate Print 414, an
25 act to amend the Insurance Law.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 58.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 430, by Senator Maziarz, Senate Print 6682, an
13 act to amend the Labor Law.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 120th day.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MARCELLINO:
22 Senator Schneiderman, why do you rise?
23 SENATOR SCHNEIDERMAN: Yes,
24 Mr. President. I'm in support of this bill,
25 which requires --
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1 ACTING PRESIDENT MARCELLINO:
2 Sir, are you speaking on the bill?
3 SENATOR SCHNEIDERMAN: Well, I'm
4 explaining my vote.
5 ACTING PRESIDENT MARCELLINO:
6 He's explaining his vote.
7 SENATOR SCHNEIDERMAN: I support
8 this bill because it does require disclosure
9 of information. We know that there's a
10 problem in this state of certain employers
11 having the state pay for the healthcare of
12 their employees. This would gather
13 information about it. It's a good step.
14 It falls far short of the "Fair
15 Share for Healthcare" bills that have been
16 introduced by Senator Savino and then later by
17 Senator Spano, and I'm disappointed that we
18 appear to be closing this session without
19 taking action on those bills.
20 I commend Senator Maziarz for
21 taking the first step, but I don't think we
22 really need a lot of studies to understand
23 that it is wrong for companies to pay their
24 employees so little that they're on public
25 healthcare as a way of subsidizing those
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1 companies' tremendous profits.
2 So I will be voting in support of
3 this bill, Mr. President, but with tremendous
4 disappointment that we're ending this session
5 without taking further steps in this regard.
6 Thank you.
7 ACTING PRESIDENT MARCELLINO:
8 Thank you, Senator. You will be recorded in
9 the affirmative.
10 Announce the results.
11 THE SECRETARY: Ayes, 58.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 483, by Senator Larkin, Senate Print 6614, an
16 act to authorize the payment to the Wallkill
17 Central School District.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 58.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 2036, by Senator Marcellino, Senate Print
5 8292, an act to amend the Education Law.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 58.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 2066, by Senator Hannon, Senate Print 8220A,
18 an act to legalize, validate, ratify and
19 confirm.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 2067, by Senator Winner, Senate Print 8233A,
7 an act to authorize.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 9. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 58.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 2071, by Senator Golden, Senate Print 8367, an
20 act to amend the Administrative Code of the
21 City of New York.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2072, by Senator Nozzolio, Senate Print 8368,
9 an act to amend the Executive Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57. Nays,
18 1. Senator Duane recorded in the negative.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2074, by Senator Johnson, Senate Print 8380,
23 an act to amend the Environmental Conservation
24 Law.
25 ACTING PRESIDENT MARCELLINO:
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2075, by Senator LaValle, Senate Print 8388,
12 an act to amend the Education Law, the State
13 Finance Law and the Tax Law.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 8. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 2076, by Senator Larkin, Senate Print 8391, an
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1 act to amend the Penal Law.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2079, by Senator Little, Senate Print 8410, an
14 act to establish a blue ribbon commission.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 9. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MARCELLINO:
23 Senator Duane, to explain your vote.
24 SENATOR DUANE: Thank you,
25 Mr. President.
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1 I am going to be voting against
2 this. There's no minority representation, and
3 there should be. So I'll be voting in the
4 negative, Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Duane will be recorded in the
7 negative.
8 Announce the results, please.
9 THE SECRETARY: Ayes, 58. Nays,
10 1. Senator Duane recorded in the negative.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2080, by Senator Leibell, Senate Print 8416,
15 an act to amend the Not-For-Profit Corporation
16 Law.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 12. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 2081, by Senator Flanagan, Senate Print 8424,
4 an act to amend the Public Health Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: In relation to
16 Number 2082, Senator Seward moves to
17 discharge, from the Committee on Environmental
18 Conservation, Assembly Print Number 5808C and
19 substitute it for the identical Senate Bill
20 Number 3232A, Third Reading Calendar 2082.
21 ACTING PRESIDENT MARCELLINO:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2082, by Member of the Assembly Morelle,
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1 Assembly Print Number 5808C, an act to amend
2 the Environmental Conservation Law.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 58. Nays,
11 1. Senator Duane recorded in the negative.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 2083, by Senator Golden, Senate Print 3530C,
16 an act to amend the Elder Law and the Tax Law.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 7. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Senator LaValle, to explain his vote.
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1 SENATOR LaVALLE: Thank you,
2 Mr. President.
3 I want to congratulate and commend
4 Senator Golden on this piece of legislation.
5 It may put New York State at the cutting edge
6 of what should be happening in elder law. I
7 know he has worked very, very hard, very
8 diligently over the last two years to bring
9 this bill before us.
10 It's a good bill. Thank you,
11 Senator Golden. I vote in the affirmative.
12 ACTING PRESIDENT MARCELLINO:
13 Thank you, Senator LaValle. You will be
14 recorded in the affirmative.
15 Senator Hannon, to explain his
16 vote.
17 SENATOR HANNON: To explain my
18 vote to support the legislation.
19 I'd like to fully echo what Senator
20 LaValle has said and congratulate Senator
21 Golden for pursuing this through a number of
22 hearings and roundtables and studies. I
23 believe this will substantially help those
24 people seeking long-term-care assistance in
25 this state.
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1 Thank you.
2 ACTING PRESIDENT MARCELLINO:
3 Thank you, Senator Hannon. You will be
4 recorded in the affirmative.
5 Announce the results, please.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 2085, by Senator Spano, Senate Print 5071B, an
11 act to amend the Social Services Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the first of April
16 next succeeding.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 2087, Senator Maziarz moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 7837B and substitute it
2 for the identical Senate Bill Number 5975A,
3 Third Reading Calendar 2087.
4 ACTING PRESIDENT MARCELLINO:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2087, by Member of the Assembly Gunther,
9 Assembly Print Number 7837B, an act to amend
10 the Public Health Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Maziarz, to explain his vote.
20 SENATOR MAZIARZ: Yes, very
21 briefly, Mr. President, to explain my vote.
22 I just want to thank Senator Hannon
23 for all his work and his staff's work with
24 this, and the New York State Nurses
25 Association, and, most particularly,
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1 Assemblywoman Aileen Gunther, who was a nurse
2 and provided a lot of great information in
3 getting this bill to the floor today for a
4 final vote.
5 Thank you.
6 ACTING PRESIDENT MARCELLINO:
7 Announce the results, please.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 2088, by Senator Spano, Senate Print 6833, an
13 act relating to establishing.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 2089, by Senator Golden --
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1 SENATOR HASSELL-THOMPSON: Lay it
2 aside.
3 ACTING PRESIDENT MARCELLINO: Lay
4 the bill aside.
5 THE SECRETARY: In relation to
6 Calendar Number 2090, Senator Hannon moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 10782A and substitute it
9 for the identical Senate Bill Number 7340A,
10 Third Reading Calendar 2090.
11 ACTING PRESIDENT MARCELLINO:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 2090, by Member of the Assembly Englebright,
16 Assembly Print Number 10782A, an act to amend
17 the Social Services Law.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 2091, Senator Klein moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 10796 and substitute it
7 for the identical Senate Bill Number 7373,
8 Third Reading Calendar 2091.
9 ACTING PRESIDENT MARCELLINO:
10 Substitution is ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 2091, by Member of the Assembly Paulin,
14 Assembly Print Number 10796, an act
15 authorizing the Village of Bronxville.
16 ACTING PRESIDENT MARCELLINO:
17 There is a home-rule message at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 2092, by Senator Hannon, Senate Print 7717A,
4 an act to amend the Public Health Law and the
5 New York State Medical Care Facilities Finance
6 Agency Act.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 14. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 2094, by Senator Spano, Senate Print 8342A, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 2095, by Senator Marcellino, Senate Print
7 8347A, an act to amend the Environmental
8 Conservation Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 2096, by the Senate Committee on Rules, Senate
21 Print Number 8354, an act to amend the
22 Education Law.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect June 30, 2006.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2097, by Senator Saland, Senate Print 8355, an
10 act to amend the Education Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 8. This
14 act shall take effect June 30, 2006.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MARCELLINO:
19 Senator Bonacic, to explain your vote.
20 SENATOR BONACIC: Yes, thank you,
21 Mr. President.
22 First of all, I want to thank
23 Senator Saland for putting this legislation
24 forward.
25 I have for the last three years
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1 been an active participant in driving this
2 issue, not only in our house but in our
3 conference. And I'd like to address the bill,
4 if I may.
5 This legislation is about
6 priorities. Our priorities under this bill
7 include a greater commitment to state aid, a
8 commitment to make sure our share of aid meets
9 our students' needs, and a commitment to
10 making home ownership more affordable.
11 Twelve years ago the Senate passed
12 a comprehensive bill similar to this that
13 would have given the option to school
14 districts that would have phased out the
15 property tax on primary residences. The bill
16 would have taken eight to 20 years, according
17 to the sponsor, Senator Cook, at the time.
18 Assembly Democrats said no. They
19 offered no alternatives. They said they had
20 to study the issue. They sat on the sidelines
21 of property tax reform for 12 years.
22 New Yorkers have suffered from 12
23 years of property tax hikes. The failure to
24 act 12 years ago by the Assembly has caused
25 New Yorkers to be overtaxed and overburdened.
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1 Taxpayers want and deserve real property tax
2 relief now.
3 If this bill becomes law, we're
4 going to have to make budget changes, and I'm
5 prepared to make them. If we have to cut in
6 other areas to prioritize education and home
7 ownership, let's do it. Everybody says cut
8 the member items, then you can reduce property
9 taxes. You know what? If we had to cut
10 $2 million or whatever the amount is from
11 member items to fund education and remove the
12 property tax from people's homes -- and I know
13 some people will gasp -- I say, let's do it.
14 The point is, the Senate and only
15 the Senate has said we are ready to stand up
16 and shift billions of dollars onto the state
17 to get property taxes off the back of primary
18 homeowners.
19 Excuse me. I've been informed by
20 counsel at the desk that Senator Saland had
21 two bills. And I'll continue this discussion
22 when I lay the next bill aside.
23 I thank you, Mr. President.
24 ACTING PRESIDENT MARCELLINO:
25 Thank you, Senator.
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1 Announce the results, please.
2 THE SECRETARY: In relation to
3 Calendar Number 2097: Ayes, 59. Nays, 0.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2098, by Senator Saland, Senate Print 8360, an
8 act to amend the Education Law and the Real
9 Property Tax Law.
10 SENATOR SCHNEIDERMAN: On behalf
11 of Senator Bonacic, I'd like to lay the bill
12 aside.
13 ACTING PRESIDENT MARCELLINO:
14 Thank you, Senator Schneiderman. The bill is
15 laid aside.
16 THE SECRETARY: Calendar Number
17 2099, by Senator Balboni, Senate Print 8363A,
18 an act authorizing.
19 ACTING PRESIDENT MARCELLINO:
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MARCELLINO:
24 Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58. Nays,
2 1. Senator Bonacic recorded in the negative.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 2100, by Senator Maltese, Senate Print 8364,
7 an act to amend the General Municipal Law.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 2101, by Senator Golden --
20 SENATOR SCHNEIDERMAN: Lay it
21 aside.
22 ACTING PRESIDENT MARCELLINO: Lay
23 the bill aside.
24 THE SECRETARY: Calendar Number
25 2102, by Senator Padavan, Senate Print 8383,
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1 an act directing the Department of
2 Environmental Conservation.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2103, by Senator Alesi, Senate Print 8384, an
15 act to amend the Economic Development Law.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 58. Nays,
24 1. Senator Duane recorded in the negative.
25 ACTING PRESIDENT MARCELLINO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 2104, by Senator Alesi, Senate Print 8385, an
4 act to amend the Economic Development Law.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MARCELLINO:
13 Senator Coppola, to explain his vote.
14 SENATOR COPPOLA: Thank you,
15 Mr. President. I rise to explain my vote.
16 While I applaud the efforts of
17 Senator Alesi and would say that any time that
18 we can provide more information for businesses
19 that are locating in New York State, anywhere
20 throughout the state -- unfortunately, we're
21 not doing enough.
22 Where I come from, Western
23 New York, you all know this chamber, this
24 body, the legislative body of New York State
25 has put in place control boards in the City of
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1 Buffalo, in the County of Erie, talking about
2 possibly a control board for the County of
3 Niagara.
4 And each and every day when I go
5 back to my district or I read the newspaper
6 even from here, I hear about businesses that
7 are looking to leave. And what they do is say
8 that they need more assistance from the
9 government, they need more taxpayer dollars to
10 stay in our area.
11 The problem that we're experiencing
12 is we keep throwing money at them, but we have
13 no idea of where we're going. We're throwing
14 money at the problem, we're not addressing
15 anything, we don't have a strategic approach
16 of how we're going to keep businesses in
17 certain regions of New York State.
18 And what I think we need to do is
19 come up with a plan that we do not have a
20 hodgepodge system and that our economic
21 development plan is specific to each and every
22 region, rather than just throwing money at the
23 businesses and asking them to stay.
24 Thank you. I vote yes.
25 ACTING PRESIDENT MARCELLINO:
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1 Senator Coppola will be recorded in the
2 affirmative.
3 Announce the results.
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2105, by Senator Alesi, Senate Print 8386, an
9 act to amend the State Administrative
10 Procedure Act.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of October.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2106, by Senator DeFrancisco, Senate Print
23 8393, an act to amend Chapter 203 of the Laws
24 of 2004.
25 ACTING PRESIDENT MARCELLINO:
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the same date and in
4 the same manner as a chapter of the Laws of
5 2006.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2108, by Senator Bruno --
14 SENATOR SCHNEIDERMAN: Lay it
15 aside.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is laid aside.
18 THE SECRETARY: Calendar Number
19 2109, by Senator Spano, Senate Print 8417, an
20 act to amend the Insurance Law and the Public
21 Health Law.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect January 1, 2007.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58. Nays,
5 1. Senator Rath recorded in the negative.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2110, by Senator Flanagan, Senate Print 8420,
10 an act to amend the Education Law.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section, please.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2111, by Senator Flanagan, Senate Print 8423,
23 an act to amend the Economic Development Law.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section, please.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MARCELLINO:
7 Senator Smith, why do you rise?
8 SENATOR MALCOLM SMITH: Mr.
9 President, I'd like to explain my vote.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Smith, to explain his vote.
12 SENATOR MALCOLM SMITH: Thank
13 you.
14 Senator Flanagan has put forward a
15 system as he considers it to be an enhanced
16 statewide business information referral
17 system, which essentially has a 511 number to
18 it. I think it's a smart idea, it's a great
19 concept, and it's one that would provide
20 information to many of the businesses around
21 this state.
22 However, what I would have hoped
23 Mr. Flanagan would have done was taken the
24 time to speak to members of our conference.
25 Senator Paterson and many of the members of
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1 our conference have worked very diligently on
2 a statewide program that really would have
3 placed New York State in the forefront of what
4 seems to have been a growing global
5 competition for this entire country.
6 We have a state right now that has
7 been threatened with competition from
8 businesses around the world. And in order for
9 us to maintain our superiority, in order for
10 us to maintain our leadership role in this
11 country, we need to have a process and a
12 program that allows our government and allows
13 our businesses to be very nimble, very
14 efficient, and be able to respond on a dime to
15 information as well as access to programs.
16 We have put forward a tremendous
17 program with regard to regionalization, ten
18 regional organizations throughout the state.
19 We put a program that would have made sure
20 that businesses, professional organizations
21 would be a part of the economic development
22 program throughout this entire state.
23 And while the 511 phone number
24 provides information, it is only one method
25 and one step toward what we believe should be
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1 part of a comprehensive program. Senator
2 Coppola talked about it a little earlier in
3 terms of Senator Alesi's bill.
4 And I would just hope that while we
5 know that this is just one method of us
6 getting there, perhaps when we come back,
7 maybe sometime in a special session in
8 September, we will then be allowed to put
9 together a comprehensive program with our
10 conference, that was led under Senator
11 Paterson, that will make sure that the
12 businesses in this state have the ability to
13 compete not only countrywide but throughout
14 the world, which is what we are faced with
15 today.
16 I will be voting aye on this bill.
17 ACTING PRESIDENT MARCELLINO:
18 Thank you, Senator Smith. You will be
19 recorded in the affirmative.
20 Senator Schneiderman, why do you
21 rise?
22 SENATOR SCHNEIDERMAN: Thank you.
23 To explain my vote.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Schneiderman, to explain his vote.
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1 SENATOR SCHNEIDERMAN: I just
2 want to thank everyone on both sides of the
3 aisle who have worked on these issues --
4 Senator Smith, Senator Coppola, Senator
5 Valesky, and Senator Paterson, who put
6 together our conference's package. And I'm
7 pleased to see some of the ideas that they
8 introduced adopted in this legislation.
9 There is an old expression that
10 there's no limit to what you can get done as
11 long as you are willing to let someone else
12 take the credit. And I think that that
13 applies very well here.
14 Thank you, gentlemen, and I'm glad
15 that we're moving forward on some parts of the
16 program that you developed. Thank you.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Schneiderman, how do you vote?
19 SENATOR SCHNEIDERMAN: I vote in
20 the affirmative.
21 ACTING PRESIDENT MARCELLINO:
22 Thank you, Senator. You will be recorded in
23 the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 Senator Robach, that completes the
4 noncontroversial reading of the calendar.
5 ACTING PRESIDENT MARCELLINO:
6 SENATOR ROBACH: Yes,
7 Mr. President. If we could just stand at ease
8 momentarily.
9 ACTING PRESIDENT MARCELLINO: The
10 Senate will stand at ease momentarily.
11 Senator Robach.
12 SENATOR ROBACH: Mr. President,
13 there will be an immediate meeting of the
14 Rules Committee in the Majority Conference
15 Room, and the Senate will stand at ease until
16 the completion of that meeting.
17 ACTING PRESIDENT MARCELLINO:
18 There will be an immediate meeting of the
19 Rules Committee in the Majority Conference
20 Room.
21 The Senate will stand at ease in
22 the interim.
23 (Whereupon, the Senate stood at
24 ease at 2:16 p.m.)
25 (Whereupon, the Senate reconvened
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1 at 2:34 p.m.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 could you please call up Calendar Number 2036.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 2036, by Senator Marcellino, Senate Print
10 8292, an act to amend the Education Law.
11 SENATOR SKELOS: I move to
12 reconsider the vote by which the bill was
13 passed.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 SENATOR SKELOS: Lay it aside,
19 please.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is laid aside.
22 SENATOR SKELOS: Mr. President,
23 if you could call up, noncontroversial,
24 Calendar Number 2089.
25 ACTING PRESIDENT MARCELLINO: The
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1 Secretary will read Calendar Number 2089,
2 noncontroversial.
3 THE SECRETARY: In relation to
4 Calendar Number 2089, Senator Golden moves to
5 discharge, from the Committee on Rules,
6 Assembly Bill Number 11650A and substitute it
7 for the identical Senate Bill Number 6986A,
8 Third Reading Calendar 2089.
9 ACTING PRESIDENT MARCELLINO:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 2089, by Member of the Assembly Englebright,
14 Assembly Print Number 11650A, an act to amend
15 the Social Services Law.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 if we could return to reports of standing
4 committees, I believe there's a report of the
5 Rules Committee at the desk. I ask that it be
6 read at this time.
7 ACTING PRESIDENT MARCELLINO:
8 Reports of standing committees.
9 The Secretary will read the report
10 of the Rules Committee.
11 THE SECRETARY: Senator Bruno,
12 from the Committee on Rules, reports the
13 following bills:
14 Senate Print 1969B, by Senator
15 Nozzolio, an act to amend the Vehicle and
16 Traffic Law;
17 1970B, by Senator Nozzolio, an act
18 to amend the Vehicle and Traffic Law;
19 2797A, by Senator Flanagan, an act
20 to amend the Mental Hygiene Law;
21 3767A, by Senator Nozzolio, an act
22 to amend the Tax Law;
23 4164, by Senator Saland, an act to
24 amend the Penal Law;
25 4331B, by Senator Hannon, an act to
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1 amend the Public Health Law;
2 4456B, by Senator Golden, an act to
3 amend the Public Authorities Law;
4 5525A, by Senator Libous, an act to
5 amend the Vehicle and Traffic Law;
6 5987C, by Senator Spano, an act to
7 amend the Mental Hygiene Law;
8 6575, by Senator Spano, an act to
9 amend the State Finance Law;
10 6795A, by Senator Johnson, an act
11 to amend the Environmental Conservation Law;
12 7184B, by Senator Flanagan, an act
13 to amend the Real Property Tax Law;
14 7263, by Senator Volker, an act to
15 amend the Retirement and Social Security Law;
16 7425B, by Senator Farley, an act
17 establishing;
18 7679, by Senator Maltese, an act to
19 amend the Administrative Code of the City of
20 New York;
21 7832, by the Senate Committee on
22 Rules, an act to amend Chapter 103 of the Laws
23 of 2004;
24 7961, by Senator Marcellino, an act
25 to amend the Environmental Conservation Law;
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1 8034, by Senator Larkin, an act to
2 amend the Navigation Law;
3 8067, by Senator Hannon, an act to
4 amend Chapter 884 of the Laws of 1990;
5 8074, by Senator Little, Concurrent
6 Resolution of the Senate and Assembly;
7 8082, by Senator Spano, an act to
8 amend the Public Health Law;
9 8137, by Senator Klein, an act to
10 amend the Vehicle and Traffic Law;
11 8180, by Senator Alesi, an act
12 authorizing;
13 8281, by Senator Bonacic, an act to
14 amend the Vehicle and Traffic Law;
15 8294, by Senator Balboni, an act to
16 amend the Military Law;
17 8308A, by Senator Morahan, an act
18 in relation;
19 8402, by the Senate Committee on
20 Rules, an act to amend the Real Property Tax
21 Law;
22 8405, by Senator LaValle, an act to
23 amend the Environmental Conservation Law;
24 And Senate Print 8444, by Senator
25 Bruno, an act to amend the Environmental
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1 Conservation Law.
2 All bills ordered direct to third
3 reading.
4 SENATOR SKELOS: Mr. President, I
5 move that we accept the report of the Rules
6 Committee.
7 ACTING PRESIDENT MARCELLINO: All
8 in favor of accepting the report of the Rules
9 Committee signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT MARCELLINO:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT MARCELLINO: The
15 report is accepted.
16 Senator Skelos.
17 SENATOR SKELOS: Please recognize
18 Senator Gonzalez.
19 SENATOR GONZALEZ: Mr. President,
20 there will be an immediate meeting of the
21 Minority conference in Room 315.
22 ACTING PRESIDENT MARCELLINO:
23 There will be an immediate meeting of the
24 Minority conference in Room 315.
25 SENATOR SKELOS: Mr. President,
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1 there will be an immediate meeting of the
2 Majority conference in the Majority Conference
3 Room.
4 ACTING PRESIDENT MARCELLINO: And
5 likewise, an immediate meeting of the Majority
6 conference in the Majority Conference Room.
7 The Senate will stand at ease.
8 (Whereupon, the Senate stood at
9 ease at 2:40 p.m.)
10 (Whereupon, the Senate reconvened
11 at 3:48 p.m.)
12 ACTING PRESIDENT MARCELLINO:
13 Senator Skelos.
14 SENATOR SKELOS: If we could
15 return to the supplemental active list.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will read the supplemental active
18 list, controversial.
19 SENATOR SKELOS: First,
20 Mr. President, if you would recognize Senator
21 Morahan.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Morahan.
24 SENATOR MORAHAN: Thank you,
25 Mr. President.
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1 I wish to call up my bill, Print
2 Number 6775B, recalled from the Assembly,
3 which is now at the desk.
4 ACTING PRESIDENT MARCELLINO: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 2057, by Senator Morahan, Senate Print 6775B,
8 an act to amend the Public Health Law.
9 SENATOR MORAHAN: Mr. President,
10 I now move to reconsider the vote by which
11 this bill passed.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll on reconsideration, please.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Morahan.
18 SENATOR MORAHAN: Yes,
19 Mr. President, I ask that the bill be restored
20 to its place on Third Reading Calendar.
21 ACTING PRESIDENT MARCELLINO: So
22 ordered.
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President,
25 on the supplemental active list, the Minority
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1 has agreed to remove the lay-aside on three
2 bills, which we could now take up
3 noncontroversial.
4 ACTING PRESIDENT MARCELLINO: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 2098, by Senator Saland, Senate Print 8360, an
8 act to amend the Education Law and the Real
9 Property Tax Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MARCELLINO:
18 Senator Saland, why do you rise?
19 SENATOR SALAND: To briefly
20 explain my vote, Mr. President.
21 ACTING PRESIDENT MARCELLINO:
22 Senator Saland, to explain his vote.
23 Could we have some order in the
24 house, please.
25 SENATOR SALAND: Mr. President,
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1 there's certainly nobody or at the very least
2 very, very few people who are not aware of the
3 burgeoning school property tax problem that's
4 plaguing all of our school districts, our
5 independent school districts and to some
6 extent perhaps even the dependent school
7 districts as well.
8 This is an effort to deal in a very
9 serious fashion with the problem of those
10 burgeoning taxes by providing a direct, in
11 effect, through an optional system, means by
12 which state dollars can replace local school
13 tax dollars phased in over a period of five
14 years, while at the same time capping, for
15 those who are 70 years or older, at local
16 option, through acts of local board after
17 public hearings, the school taxes of such of
18 our senior citizens.
19 This bill is consistent, certainly,
20 with the tradition in this house of dealing
21 with issues related to school property tax.
22 Certainly the precedents of STAR can be found
23 in prior Senate legislation. And similarly,
24 our Rebate New York program found its way into
25 the tax credit bill that we passed perhaps
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1 within the past 10 days to two weeks.
2 Mr. President, I will certainly
3 vote in the affirmative on this measure.
4 Thank you.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Saland will be recorded in the
7 affirmative.
8 Senator Bonacic.
9 SENATOR BONACIC: Thank you,
10 Mr. President.
11 Twelve years ago, the Senate passed
12 a comprehensive legislation that would have
13 eliminated the property tax on homeowners.
14 Democrats in the Assembly refused to act. And
15 as a result of that inaction, we've had
16 12 years of increased property taxes that have
17 now become unbearable.
18 We shouldn't have to ask people are
19 they going to want to fund education for their
20 children or help carry their housing to stay
21 in their homes so it be affordable.
22 Again, the Senate has acted. And
23 we have a good partner this time: we have the
24 Attorney General who has stepped up and is the
25 only one from the Democratic Party talking
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1 about school property tax relief.
2 So the Senate, again, with a
3 five-year option, is giving school districts
4 and constituents within those school districts
5 an option to phase out the property taxes on
6 homeowners. The state will have to pay a
7 larger share.
8 Now the gauntlet has been thrown
9 before the Assembly leadership. Are they
10 going to act and vote on a property tax
11 reduction bill, or are they going to talk for
12 another 12 years?
13 I vote yes. Thank you very much,
14 Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 Thank you, Senator Bonacic. You will be
17 recorded in the affirmative.
18 Senator Leibell.
19 SENATOR LEIBELL: Thank you,
20 Mr. President.
21 This Legislature certainly on a
22 daily basis faces issues that are very
23 difficult and most problematic. But I daresay
24 there's almost none that's more difficult than
25 this issue we're talking about right now.
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1 The issue is how to provide a
2 quality education for all the young people in
3 the State of New York, how to make it
4 affordable, and how to make it affordable in
5 such a way that it will not drive out the
6 middle class.
7 I would note also that New York
8 State is not alone in confronting this
9 problem. This has been a problem that's
10 followed us around the country. Every state I
11 think has had to deal with this, or is going
12 to be dealing with it, and it has certainly
13 been the subject of litigation not only in
14 New York State but in numerous other states.
15 I think that Senator Saland, by
16 putting forward this legislation today, is
17 making a very, very strong effort and attempt
18 to try and deal with this problem, to shift
19 away some of this burden of school property
20 taxes away from the local homeowner, the
21 primary residence owner, to the state itself.
22 I might note that we have made a
23 commitment in this budget and in so many
24 previous budgets by putting in substantial
25 dollars into education. But no matter what we
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1 attempt to do, this problem of funding
2 education continues to stay with us.
3 Certainly there will be other
4 legislation in this area attempting to deal
5 with this further, but this is a most
6 important and significant piece of
7 legislation, one that I am very pleased to
8 support.
9 ACTING PRESIDENT MARCELLINO:
10 Thank you, Senator Leibell. You will be voted
11 in the affirmative.
12 Senator Oppenheimer, to explain her
13 vote.
14 SENATOR OPPENHEIMER: Well, I'm
15 certainly going to support this bill, because
16 I have been working on this issue for so long
17 and so hard.
18 I feel that this is only a
19 statement. The issue is so complex that to
20 simply put out there "Hello, voters, would you
21 like to get rid of the property tax" is really
22 not certainly an in-depth solution.
23 We have studied this for several
24 months now, looked at several alternatives,
25 come up with maybe four or five possible
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1 options. But it really is so complicated.
2 And this particular bill really does not in
3 any way address the needs of business. And to
4 just lay additional tax on them is certainly
5 not going to benefit us with our economic
6 development moves.
7 But, I mean, it says what I want
8 said, that we have to look at this issue
9 seriously and find some kind of an answer.
10 This is not the answer, but at least it moves
11 us to look more closely. And I know -- you
12 know, it is so complicated that it will not --
13 there will not be an easy answer out there for
14 us.
15 But I will be voting yes.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Oppenheimer will be recorded in the
18 affirmative.
19 Senator Morahan.
20 SENATOR MORAHAN: Thank you,
21 Mr. President.
22 I stand in support of this bill by
23 Senator Saland. I think it's an excellent
24 move to bring the focus of high property
25 taxes -- in particular, school taxes -- to the
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1 forefront in the State of New York, as it is
2 with all the residents of New York.
3 Many of us are working back home to
4 deal with and try to find solutions to this
5 confiscatory tax rate that we pay to support
6 our schools at the local level. For example,
7 I have a summit coming up with all the school
8 board presidents and all the superintendents
9 and others to deal with not only this issue on
10 funding but also on mandates and what mandates
11 that we put on school districts through the
12 SED and whether those mandates are really
13 working or necessary.
14 And I think once the state gets
15 into the complete absorption of property tax
16 levies for school district expenses, then
17 maybe we will look more closely at the mandate
18 process that we put in across the state,
19 sometimes without fully understanding the
20 impact on the homeowner.
21 So I support this bill by Senator
22 Saland. I think it's a good start-off. I
23 think we'll be working on this bill and others
24 in the next several months. But I think this
25 whole house and the Assembly -- and I'm sure
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1 they're equally concerned with property tax
2 increases and also the school tax property.
3 And I think together we will find a way and we
4 will get something done.
5 And hopefully between now and when
6 we come back in January we'll have forged new
7 legislation, with the support of the new
8 governor, whoever he is or she is, whoever
9 knows, that we will get some meaningful reform
10 and relief to the real property taxpayers in
11 the State of New York.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Morahan will be recorded in the
15 affirmative.
16 Senator Stavisky.
17 SENATOR STAVISKY: Thank you,
18 Madam -- sir. Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 You're welcome.
21 SENATOR STAVISKY: Mr. President.
22 Sorry about that.
23 I was disappointed to hear another
24 one of these let's blame somebody else for our
25 own problems. There are other reasons, I
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1 think, for the increases in the property tax.
2 What bothers me is this legislation
3 is going to place an unusual -- an unfair
4 burden upon the business community, and the
5 business community certainly doesn't need any
6 other tax increases and any other -- anything
7 else that we do to make it more difficult for
8 business to prosper.
9 I think business is the key to
10 prosperity. And I think that if this
11 legislation were to pass and the burden be
12 placed on the business community, it will only
13 encourage them to leave the state. And we
14 certainly don't have to drive out the economic
15 engine that drives our economy.
16 The farmers are going to suffer
17 also under this legislation.
18 And, Mr. President, for that reason
19 I vote no.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Stavisky will be recorded in the
22 negative.
23 Senator LaValle, to explain his
24 vote.
25 SENATOR LaVALLE: Thank you,
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1 Mr. President. I rise to support this
2 legislation.
3 Outside of the City of New York,
4 there is no greater problem than real estate
5 property taxes as we look at it from the
6 school district tax.
7 I'm a little amused because I'm
8 listening to some of my colleagues who were
9 talking at other points in this session and
10 last session about raising billions -- I even
11 lost count. It could have been 10 or more
12 billion dollars -- to finance CFE.
13 Whatever, this bill begins to
14 address the issue by making a very strong
15 statement and a plan and a program to begin to
16 reduce the burden on real property taxpayers
17 and begin to look at other broad-based taxes
18 to fund that.
19 All of the gubernatorial candidates
20 have made this a number-one issue and have
21 pledged, as part of their campaigns, billions
22 of dollars, 6 billion or more, to reduce the
23 impact of real property taxes on homeowners.
24 So Senator Saland presents to us a
25 plan and a program that does exactly that, and
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1 a component that would, for those homeowners
2 70 or older, freeze their property taxes so
3 that they can remain here in New York State,
4 remain with their families, and not move to
5 other part of the country.
6 I vote aye, Mr. President.
7 ACTING PRESIDENT MARCELLINO:
8 Thank you, Senator LaValle. You will be
9 recorded in the affirmative.
10 Senator Krueger, to explain her
11 vote.
12 SENATOR LIZ KRUEGER: Thank you,
13 Mr. President. To explain my vote.
14 Well, I guess one of the problems
15 when you try to write a bill June 18th and
16 pass it June 22nd is you don't necessarily
17 look at the whole picture.
18 So since I've come to the Senate, I
19 have stood up and said over and over again we
20 will not resolve the education funding issue
21 in the state until we reevaluate tax policy
22 statewide, we will not actually address tax
23 equity in this state until we completely
24 reevaluate how we're collecting our taxes and
25 how we're spending them.
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1 So I do respect Senator Saland's
2 attempt to say we need to do something about
3 this. No disagreement.
4 My problem with the bill is -- and,
5 Senator LaValle, I believe you were wrong,
6 just in reference. We aren't resolving the
7 CFE obligation -- which is estimated to be,
8 what, a minimum 6 billion a year that the
9 state is supposed to be coming up with for
10 education. We're adding to the 6 billion a
11 new assignment of an approximately 9 billion
12 more for the state to come up with, because
13 Senator Saland's bill is estimated to cost
14 9 billion annually when fully phased in over a
15 five-year period.
16 So I don't actually disagree with
17 my colleague's attempts to come up with a
18 solution to the property tax issue. The
19 problem is this bill doesn't do that. It
20 shifts 9 billion to the state without
21 explaining how we would now have to come up
22 with $15 billion more in education aid at the
23 state level on an annual basis.
24 Now, I almost wanted to vote for
25 the bill because it would force the issue, it
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1 would force the issue of finally saying let's
2 look at our entire tax policy and let's do it
3 right. But I can't, because there's so many
4 problems still with this bill, including the
5 reference my colleagues made at the local
6 level, since your property tax owners won't
7 pay their taxes but the school costs will go
8 up, because everyone will go to vote and be
9 happy to vote for higher school costs because
10 it just goes to the state, not to the
11 locality. That means your businesses, your
12 farmers, and anybody who's not a homeowner can
13 fully expect a dramatic increase in their
14 property taxes as a direct outcome of this
15 bill.
16 So bravo for the attempt. Bad idea
17 to try to create a solution in four days.
18 Flunks the test of answering the problem. And
19 again, want to talk about where we come up
20 with 15 billion annual in new state money for
21 education? I'm happy to do that.
22 I'll be voting no. Thank you,
23 Mr. President.
24 ACTING PRESIDENT MARCELLINO:
25 Thank you, Senator Krueger. You will be
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1 recorded in the negative.
2 Senator DeFrancisco, to explain his
3 vote.
4 SENATOR DeFRANCISCO: Yes, I'm
5 voting in the affirmative.
6 And about a decade ago, a very
7 similar bill was proposed by Senator Charlie
8 Cook. And at that time we heard basically the
9 same arguments, that it's going to cost so
10 much that we probably should not do it.
11 But the concept here is the longer
12 we wait to convert the manner of funding of
13 schools from the property tax and off the
14 property taxpayers' back, the more difficult
15 it's going to be.
16 As an analogy, when a proposal came
17 out by Mid-States, a school organization that
18 came out with a school aid formula reform
19 several years ago, the cost of it was
20 $4 billion for it to be implemented. And it
21 cost too much at that time, and the formula
22 was not approved or not even given serious
23 consideration. Four billion dollars today is
24 very little compared to the school tax
25 increases that we've been providing in the
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1 state over the last few years.
2 So my point simply is this. It may
3 cost a lot, but it's good policy to get
4 property taxes off the funding of schools, and
5 so that property taxpayers are not killed
6 every year and more and more each year we have
7 to have an alternate formula. Charlie Cook
8 saw this years ago. We should have listened
9 to him. And now is as good a time as any to
10 get it started.
11 I vote aye.
12 ACTING PRESIDENT MARCELLINO:
13 Thank you, Senator DeFrancisco. You will be
14 voted in the affirmative.
15 Senator Larkin.
16 SENATOR LARKIN: Thank you,
17 Mr. President.
18 You know, I just heard my good
19 friend and colleague Senator DeFrancisco talk
20 about the late Senator Cook. About 10 or 11
21 years ago, Senator Cook took up this
22 challenge. And Senator Cook said we'll
23 never --
24 ACTING PRESIDENT MARCELLINO:
25 Excuse me.
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1 Ladies and gentlemen, can we have
2 some order in the house, please.
3 Thank you.
4 SENATOR LARKIN: Thank you,
5 Mr. President.
6 This was an issue that Senator
7 Cook, during his tenure as chairman of the
8 Education Committee, said: We must be bold,
9 we must not just continually wait. We talk
10 around here, day in and day out -- and I
11 believe it's on both sides of the aisle --
12 that we have to address the issue of property
13 tax. And people talk about it.
14 Today we're here with a bill that
15 says we have an initiative, we're going to
16 address it. And somebody said to me, walking
17 down, "Well, what does the Governor say? What
18 does the Speaker say?" I don't really care
19 what they say. We are saying for the people
20 we represent that this is an opportunity for
21 us to strike a ground and say what we're going
22 to do in hopes of addressing the real issue of
23 real property tax.
24 I don't believe that there's
25 anybody who's being honest with us can say
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1 that it is not an issue in their district. If
2 it isn't, they must be going around with
3 blinders and earplugs. And what we need to do
4 is to sit here and say let's do something
5 about it.
6 The issue is, how do we get there?
7 We talk about doing 20 percent for the next
8 five years. And people will say, Well,
9 there's the money, there's this. I always
10 believe where there's a will, there's a way.
11 This is a striking attempt to
12 address the most critical issue facing the
13 taxpayers of this state. If we don't do
14 something, we won't be worrying about
15 reapportionment in 2010, we'll be worrying
16 about who's going to turn the lights out as
17 the last person leaves the state.
18 Thank you, Mr. President.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Larkin will be recorded in the
21 affirmative.
22 Senator Connor.
23 SENATOR CONNOR: Thank you,
24 Mr. President.
25 While I certainly appreciate the
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1 desire of members to provide relief for the
2 taxpayers in their districts, I think the
3 residential property tax -- I do believe it's
4 outmoded. It's a tax that's been around for
5 as long as the State of New York, and goes
6 back to colonial times when the measure of
7 wealth -- people didn't have money, they had
8 land. They had buildings. And it is
9 outmoded.
10 That said, this bill is like
11 signing a blank check for every school
12 district. The State of New York signs the
13 check, and the people who don't have to pay
14 the check get to fill in the number.
15 I cannot believe that fiscally
16 responsible members of this house would want
17 to issue blank checks to the -- what are
18 there, a couple thousand school districts in
19 the state? How many? Seven hundred school
20 districts. And, you know, except for the city
21 school districts, 695 of them are going to get
22 a blank check. They can decide let's have
23 solid-gold goal posts on the football field.
24 Heck, some people in Albany are going to pay
25 for it.
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1 Who will pay for it? The state's
2 general taxpayers will pay for it. And we all
3 know that New York City taxpayers send a
4 dollar to Albany and get back $.60. So this
5 is a huge transfer of wealth from one part of
6 the state to another.
7 And I just think it's fiscally
8 totally irresponsible. I think we ought to
9 have a real plan for real property tax relief.
10 We ought to have a real plan for funding
11 education in this state. But we have to have
12 the fundamental principle of accountability.
13 You cannot leave the decision of how much to
14 spend to someone who doesn't have to write the
15 check. You can't say go ahead and decide how
16 much to spend, we'll fill in the amount when
17 you tell us how much you want -- not how much
18 you need, not what standards are applied.
19 So this bill is, perhaps as some
20 members on the other side of the aisle have
21 said, a statement about school taxes, real
22 property -- residential real property taxes.
23 But it's nothing more than that, a statement.
24 It's not a solution, it's not a plan, it's not
25 an answer. It's a blank check.
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1 ACTING PRESIDENT MARCELLINO:
2 Senator Connor, I assume you're recorded in
3 the negative.
4 SENATOR CONNOR: In the negative.
5 ACTING PRESIDENT MARCELLINO: You
6 will be recorded in the negative.
7 Senator Little, to explain her
8 vote.
9 SENATOR LITTLE: Thank you.
10 Thank you, Mr. President.
11 I'm very proud to be part of this
12 Senate conference and to join my colleagues in
13 voting for this bill.
14 There are many ideas that have been
15 generated by our conference that have become
16 law, and some of them have taken several
17 years. Just last night we passed three that
18 have taken a number of years to actually make
19 them materialize and be enacted into law. And
20 we've seen them happen frequently.
21 Property tax is an enormous issue
22 in my district and throughout the state. I
23 think this bill is one idea to put forward.
24 We have to do something.
25 A second idea that we have passed
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1 earlier today is a bill that I'm sponsoring
2 that creates a blue-ribbon commission of
3 experts -- bipartisan; we have a bill in the
4 Assembly sponsored by Assemblywoman Galef that
5 would do the same thing -- that would look at
6 this and see what is the answer, how can we
7 protect this property tax situation and the
8 system that we have in New York State.
9 This is one measure to put on the
10 table, and it certainly is something to be
11 debated and to work on and to help have
12 happen.
13 So I vote aye on this. Thank you.
14 ACTING PRESIDENT MARCELLINO:
15 Thank you, Senator Little. You will be
16 recorded in the affirmative.
17 Senator Schneiderman, to explain
18 his vote.
19 SENATOR SCHNEIDERMAN: Thank you,
20 Mr. President.
21 I have to concur with Senator
22 Connor, Senator Krueger and others -- Senator
23 Stavisky -- that this is really are remarkably
24 bad bill. And I just -- I must say I realize
25 you want to make a statement that -- we all
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1 want to reduce property taxes.
2 If this was a bill to say we are
3 going to replace the system of school funding
4 with a completely new system, get property
5 taxes out of it, that would be one thing.
6 That's not what this is.
7 This exempts a certain category of
8 property from property taxes. Doesn't deal
9 with farmers, doesn't deal with businesses.
10 Their property taxes will presumably be going
11 up because they're now stuck covering every
12 increase.
13 And, as Senator Connor pointed out,
14 maintains the provisions of law that have
15 school districts voting for how high their
16 budgets should be but provides that the state
17 will pay for. You have a third-party payer.
18 This is not the way to make a
19 statement that we want to bring property taxes
20 down, ladies and gentlemen, I'm sorry.
21 And other parts of the bill I quite
22 frankly find incomprehensible. One part of it
23 eliminates residential taxes for everyone
24 while another part freezes rates for those
25 over 70 years old. So I'm not sure what that
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1 does. There's apparently an effort to deal
2 with the Big Five school districts and replace
3 their local share, but those aren't tied to --
4 that is not tied to property tax.
5 So as Senator Krueger said, you
6 shouldn't be drafting bills in complicated
7 areas of law in four days. We need something
8 better, even if you just want to use it to
9 make a statement, ladies and gentlemen.
10 I will be voting in the negative.
11 Thank you.
12 ACTING PRESIDENT MARCELLINO:
13 Thank you, Senator Schneiderman. You will be
14 recorded in the negative.
15 Announce the results, please.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 2098 are
18 Senators Andrews, Connor, Dilan, Duane,
19 Gonzalez, L. Krueger, Onorato, Parker,
20 Paterson, Sabini, Savino, Schneiderman,
21 A. Smith and Stavisky. Also Senator Serrano.
22 Ayes, 44. Nays, 15.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 The Secretary will continue to
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1 read.
2 Senator Skelos.
3 SENATOR SKELOS: There will be an
4 immediate meeting of the Racing, Gaming and
5 Wagering Committee in the Majority Conference
6 Room.
7 ACTING PRESIDENT MARCELLINO:
8 There will be an immediate meeting of the
9 Racing, Gaming and Wagering Committee in the
10 Majority Conference Room.
11 SENATOR SKELOS: And,
12 Mr. President, can we stand at ease.
13 ACTING PRESIDENT MARCELLINO: The
14 Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 4:22 p.m.)
17 (Whereupon, the Senate reconvened
18 at 4:38 p.m.)
19 ACTING PRESIDENT MARCELLINO:
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President,
22 we'd like to take up the noncontroversial
23 calendar, Number 2101.
24 ACTING PRESIDENT MARCELLINO: The
25 Secretary will read Calendar Number 2101.
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1 THE SECRETARY: Calendar Number
2 2101, by Senator Golden, Senate Print 8365A,
3 an act to amend the Education Law.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of July.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARCELLINO:
12 Ladies and gentlemen, if we can have some
13 order in the house so that we can get our work
14 done. We have a couple of bills to do.
15 They're supposed to go noncontroversial. Let
16 us get the work done.
17 If everybody will take their seats.
18 Take the conversations out of the room,
19 please, so that we can do this. Otherwise
20 we're going to have confusion.
21 If you want to record a vote of no,
22 please do so. If you want to explain your
23 vote, indicate to the chair; we will do that.
24 But let's have some order. Thank you.
25 Senator Oppenheimer, to explain her
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1 vote.
2 SENATOR OPPENHEIMER: I think
3 this sets a bad precedent. And this bill is
4 going to just increase costs. It's not going
5 to generate any savings. It just doesn't make
6 a lot of sense to me.
7 I'll be voting no.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Oppenheimer will be recorded in the
10 negative.
11 Senator Hassell-Thompson, why do
12 you rise?
13 SENATOR HASSELL-THOMPSON: Yes,
14 just to explain my vote.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Hassell-Thompson, to explain her vote.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Mr. President.
19 The only point of debate for me
20 with this bill is that this will be very
21 difficult -- I perceive that this bill will be
22 very difficult to administer. The only way
23 that we can estimate the cost for
24 reimbursement would be to correlate with
25 attendance.
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1 But the bill will increase costs
2 without generating any savings. If one
3 student on a bus with 30 others receives
4 1/30th of the transportation expense, the city
5 loses money. The bus driver, gas, and any
6 other aid costs are the same, whether there
7 are 29, 27, or 30 children on the bus.
8 Paying the parent to take one of
9 the students to school is a net loss to the
10 district.
11 I will be voting no.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Hassell-Thompson will be recorded in
14 the negative.
15 Senator Stavisky, why do you rise?
16 SENATOR STAVISKY: To explain my
17 vote.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Stavisky, to explain her vote.
20 SENATOR STAVISKY: I'm troubled
21 by this bill. I'm concerned that it might
22 raise property taxes, and I vote no.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Stavisky will be recorded in the
25 negative.
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1 Senator Schneiderman.
2 SENATOR SCHNEIDERMAN: Thank you,
3 Mr. President.
4 I am also going to be voting no on
5 this. I think that the difficulty once again
6 with this bill, as with some other bills we're
7 seeing in the waning hours of this session --
8 what I hope are the waning hours of this
9 session -- is that there are efforts to
10 provide additional benefits or to pretend that
11 we're going to provide additional benefits to
12 homeowners or to parents without any provision
13 for reducing costs.
14 This is something that is opposed
15 by New York City and the New York City
16 Department of Education, for a very obvious
17 reason. It increases costs tremendously
18 without generating savings. And it is by
19 sharing all of the costs of transporting
20 students, having supervisors, that we're able
21 to keep costs as low as they are.
22 They're currently too high. I
23 appreciate the fact as the parent of a child
24 who has to get to and from school, that this
25 is a burden. But this is not the proper
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1 approach to resolving this problem.
2 I will be joining my colleagues in
3 voting no, Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Thank you, Senator Schneiderman. You will be
6 recorded in the negative.
7 Is there anyone else who wants to
8 explain their vote?
9 Please announce the results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 2101 are
12 Senators Andrews, Coppola, Dilan, Duane,
13 Gonzalez, Onorato, Oppenheimer, Paterson,
14 Sabini, Schneiderman, Serrano, A. Smith,
15 Stachowski, Stavisky and Valesky.
16 Ayes, 44. Nays, 15.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 SENATOR LIBOUS: Mr. President.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Libous.
22 SENATOR LIBOUS: Can we take up
23 Calendar Number 2108, please.
24 ACTING PRESIDENT MARCELLINO: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number
2 2108, by Senator Bruno, Senate Print 8414, an
3 act to amend the State Finance Law.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 38. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MARCELLINO: The
13 bill is passed.
14 Senator Libous, that completes the
15 calendar.
16 SENATOR LIBOUS: Mr. President,
17 if you would just give us a second here, we're
18 trying to --
19 ACTING PRESIDENT MARCELLINO:
20 Senator Libous, you can have two seconds.
21 SENATOR LIBOUS: Mr. President,
22 if you could recognize Senator Oppenheimer,
23 please.
24 ACTING PRESIDENT MARCELLINO:
25 Yes, I recognize her. She's right over there.
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1 (Laughter.)
2 ACTING PRESIDENT MARCELLINO:
3 Senator Oppenheimer.
4 SENATOR OPPENHEIMER: Thank you.
5 Thank you, Mr. President.
6 I wish to call up my bill, Senate
7 Print Number 5304A, recalled from the
8 Assembly, which is now at the desk.
9 ACTING PRESIDENT MARCELLINO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 140, by Senator Oppenheimer, Senate Print
13 5304A, an act to amend the Criminal Procedure
14 Law.
15 SENATOR OPPENHEIMER: Mr.
16 President, I now move to reconsider the vote
17 by which this bill was passed and ask that the
18 bill be restored to the order of third
19 reading.
20 ACTING PRESIDENT MARCELLINO:
21 Please call the roll on reconsideration.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MARCELLINO: And
25 the bill will be reported to the Third Reading
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1 Calendar.
2 Senator Oppenheimer.
3 SENATOR OPPENHEIMER: All right.
4 Mr. President, I now move to discharge, from
5 the Committee on Rules, Assembly Print Number
6 6715B and substitute it for my identical bill.
7 ACTING PRESIDENT MARCELLINO: The
8 substitution is ordered.
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: The Senate
11 bill on first passage was voted unanimously.
12 I now move that the substituted Assembly bill
13 have its third reading at this time.
14 ACTING PRESIDENT MARCELLINO: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 140, substituted by Senator Oppenheimer,
18 sponsored by Member of the Assembly Latimer,
19 Assembly Print Number 6715B, an act to amend
20 the Criminal Procedure Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed once again.
6 SENATOR OPPENHEIMER: Thank you.
7 SENATOR LIBOUS: Mr. President.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Libous.
10 SENATOR LIBOUS: Could we please
11 have the noncontroversial reading of
12 Supplemental Senate Calendar Number 61A. And
13 I believe that has been distributed on all the
14 members' desks.
15 ACTING PRESIDENT MARCELLINO: The
16 Secretary will read Supplemental Calendar 61A,
17 which should be on your desks.
18 Senator Krueger, why do you rise?
19 SENATOR LIZ KRUEGER: Thank you,
20 Mr. President. I'd just like to go on the
21 record that I was mistakenly out of the room
22 when the Calendar 2101, S8365A, was voted on.
23 Had I been here, I would have voted no.
24 Thank you, Mr. President.
25 ACTING PRESIDENT MARCELLINO: The
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1 record will so indicate.
2 The Secretary will begin to read
3 Supplemental Calendar 61A, which is on
4 everybody's desk.
5 THE SECRETARY: Calendar Number
6 2115, by Senator Nozzolio, Senate Print 1969B,
7 an act to amend the Vehicle and Traffic Law.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of April.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 2116, by Senator Nozzolio, Senate Print 1970B,
20 an act to amend the Vehicle and Traffic Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of April.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2117, by Senator Flanagan, Senate Print 2797A,
8 an act to amend the Mental Hygiene Law.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect on the 180th day.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58. Nays,
17 1. Senator Duane recorded in the negative.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 2118, by Senator Nozzolio, Senate Print 3767A,
22 an act to amend the Tax Law.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the first day of the
2 sales tax quarterly period.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 2119, Senator Saland moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 9272 and substitute it
13 for the identical Senate Bill Number 4164,
14 Third Reading Calendar 2119.
15 ACTING PRESIDENT MARCELLINO: The
16 substitution is ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2119, by Member of the Assembly Koon, Assembly
20 Print Number 9272, an act to amend the Penal
21 Law.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 Can we have some order in the house
9 so we don't have any confusion as to which
10 bill is up and who's supposed to vote for
11 what.
12 Thank you very much, people.
13 THE SECRETARY: Calendar Number
14 2120, by Senator Hannon, Senate Print 4331B,
15 an act to amend the Public Health Law.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section.
18 THE SECRETARY: Section 16. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MARCELLINO: The
25 bill is passed.
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1 THE SECRETARY: In relation to
2 Calendar Number 2121, Senator Golden moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 7189B and substitute it
5 for the identical Senate Bill Number 4456B,
6 Third Reading Calendar 2121.
7 ACTING PRESIDENT MARCELLINO:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 2121, by Member of the Assembly Abbate,
12 Assembly Print Number 7189B, an act to amend
13 the Public Authorities Law.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2122, Senator Libous moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 8670B and substitute it
3 for the identical Senate Bill Number 5525A,
4 Third Reading Calendar 2122.
5 ACTING PRESIDENT MARCELLINO: The
6 substitution is ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2122, by the Assembly Committee on Rules,
10 Assembly Print Number 8670B, an act to amend
11 the Vehicle and Traffic Law.
12 ACTING PRESIDENT MARCELLINO:
13 There is a home-rule message at the desk.
14 The Secretary will read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2123, Senator Spano moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 8988D and substitute it
3 for the identical Senate Bill Number 5987C,
4 Third Reading Calendar 2123.
5 ACTING PRESIDENT MARCELLINO: The
6 substitution is ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2123, by the Assembly Committee on Rules,
10 Assembly Print Number 8988D, an act to amend
11 the Mental Hygiene Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 2123: Ayes, 58. Nays, 1.
21 Senator Meier recorded in the negative.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2124, Senator Spano moves to
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1 discharge, from the Committee on Finance,
2 Assembly Bill Number 1259 and substitute it
3 for the identical Senate Bill Number 6575,
4 Third Reading Calendar 2124.
5 ACTING PRESIDENT MARCELLINO:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2124, by Member of the Assembly John, Assembly
10 Print Number 1259, an act to amend the State
11 Finance Law.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 58. Nays,
20 1. Senator Duane recorded in the negative.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 2125, by Senator Johnson, Senate Print 6795A,
25 an act to amend the Environmental Conservation
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1 Law.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58. Nays,
10 1. Senator LaValle recorded in the negative.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 2126, Senator Flanagan moves
15 to discharge, from the Committee on Rules,
16 Assembly Bill Number 11245 and substitute it
17 for the identical Senate Bill Number 7184B,
18 Third Reading Calendar 2126.
19 ACTING PRESIDENT MARCELLINO:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2126, by Member of the Assembly Englebright,
24 Assembly Print Number 11245, an act to amend
25 the Real Property Tax Law.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 2127, by Senator Volker, Senate Print 7263, an
13 act to amend the Retirement and Social
14 Security Law.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 2128, by Senator Farley, Senate Print 7425B,
2 an act establishing a demonstration program.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MARCELLINO:
11 Senator Valesky, to explain his vote.
12 SENATOR VALESKY: Thank you,
13 Mr. President. I'll be supporting this bill
14 and encouraging my colleagues to do the same.
15 Just to point out for the record
16 that I had advanced an amendment to an earlier
17 version of Senator Skelos's Medicaid fraud
18 bill that passed last night that would
19 encourage and allow all counties that are
20 interested in establishing demonstration
21 programs as a way to combat Medicaid fraud,
22 abuse and waste to in fact do so.
23 I am hopeful that as we look ahead
24 to next year and continue to find creative
25 ways to save money in our Medicaid program,
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1 that we may revisit that issue in the future.
2 I vote aye, Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Valesky will be recorded in the
5 affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2129, by Senator Maltese, Senate Print 7679,
12 an act to amend the Administrative Code of the
13 City of New York.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2130, Senator Bruno moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 8955A and substitute it
3 for the identical Senate Bill Number 7832,
4 Third Reading Calendar 2130.
5 ACTING PRESIDENT MARCELLINO:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2130, by the Assembly Committee on Rules,
10 Assembly Print Number 8955A, an act to amend
11 Chapter 103 of the Laws of 2004.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2131, Senator Marcellino moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 10621A and substitute it
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1 for the identical Senate Bill Number 7961,
2 Third Reading Calendar 2131.
3 ACTING PRESIDENT MARCELLINO: The
4 substitution is ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2131, by Member of the Assembly Colton,
8 Assembly Print Number 10621A, an act to amend
9 the Environmental Conservation Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect on the first of January.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 2132, Senator Larkin moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 11001 and substitute it
24 for the identical Senate Bill Number 8034,
25 Third Reading Calendar 2132.
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1 ACTING PRESIDENT MARCELLINO: The
2 substitution is ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 2132, by Member of the Assembly Cahill,
6 Assembly Print Number 11001, an act to amend
7 the Navigation Law.
8 ACTING PRESIDENT MARCELLINO:
9 There is 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 MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 2133, Senator Hannon moves to
21 discharge, from the Committee on Health,
22 Assembly Bill Number 10140 and substitute it
23 for the identical Senate Bill Number 8067,
24 Third Reading Calendar 2133.
25 ACTING PRESIDENT MARCELLINO:
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1 Substitution ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 2133, by Member of the Assembly Gottfried,
5 Assembly Print Number 10140, an act to amend
6 Chapter 884 of the Laws of 1990.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 2134, Senator Little moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 11614 and substitute it
21 for the identical Senate Bill Number 8074,
22 Third Reading Calendar 2134.
23 ACTING PRESIDENT MARCELLINO: The
24 substitution is ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 2134, by Member of the Assembly DiNapoli,
3 Assembly Print Number 11614, Concurrent
4 resolution of the Senate and Assembly
5 proposing an amendment to Section 1 of Article
6 14 of the Constitution.
7 ACTING PRESIDENT MARCELLINO: The
8 Secretary will call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MARCELLINO: The
12 resolution is adopted.
13 THE SECRETARY: In relation to
14 Calendar Number 2135, Senator Spano moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 11666 and substitute it
17 for the identical Senate Bill Number 8082,
18 Third Reading Calendar 2135.
19 ACTING PRESIDENT MARCELLINO:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2135, by Member of the Assembly Paulin,
24 Assembly Print Number 11666, an act to amend
25 the Public Health Law.
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1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 2136, Senator Klein moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 11774 and substitute it
15 for the identical Senate Bill Number 8137,
16 Third Reading Calendar 2136.
17 ACTING PRESIDENT MARCELLINO: The
18 substitution is ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 2136, by the Assembly Committee on Rules,
22 Assembly Print Number 11774, an act to amend
23 the Vehicle and Traffic Law.
24 ACTING PRESIDENT MARCELLINO:
25 There is a home-rule message at the desk.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 2137, Senator Alesi moves to
12 discharge, from the Committee on Rules,
13 Assembly Bill Number 11806 and substitute it
14 for the identical Senate Bill Number 8180,
15 Third Reading Calendar 2137.
16 ACTING PRESIDENT MARCELLINO: The
17 substitution is ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 2137, by the Assembly Committee on Rules,
21 Assembly Print Number 11806, an act
22 authorizing the Commissioner of Health.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: In relation to
9 Calendar Number 2138, Senator Bonacic moves to
10 discharge, from the Committee on Rules,
11 Assembly Bill Number 3995 and substitute it
12 for the identical Senate Bill Number 8281,
13 Third Reading Calendar 2138.
14 ACTING PRESIDENT MARCELLINO:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 2138, by Member of the Assembly Cahill,
19 Assembly Print Number 3995, an act to amend
20 the Vehicle and Traffic Law.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day.
25 ACTING PRESIDENT MARCELLINO:
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1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2139, by Senator Balboni, Senate Print 8294,
8 an act to amend the Military Law and the State
9 Finance Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 2140, Senator Morahan moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 11866A and substitute it
24 for the identical Senate Bill Number 8308A,
25 Third Reading Calendar 2140.
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1 ACTING PRESIDENT MARCELLINO: The
2 substitution is ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 2140, by the Assembly Committee on Rules,
6 Assembly Print Number 11866A, an act in
7 relation to school aid payments.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 2141, by the Senate Committee on Rules, Senate
20 Print Number 8402, an act to amend the Real
21 Property Tax Law.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2142, by Senator LaValle, Senate Print 8405,
9 an act to amend the Environmental Conservation
10 Law and others.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 5. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 Senator Bruno, that completes the
22 calendar, Supplemental 61A.
23 Senator Bruno, why do you rise?
24 SENATOR BRUNO: Mr. President,
25 greetings.
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1 ACTING PRESIDENT MARCELLINO:
2 Greetings, sir.
3 SENATOR BRUNO: We are going
4 to -- listen, please.
5 Tom, thank you.
6 ACTING PRESIDENT MARCELLINO:
7 Come on, guys.
8 SENATOR BRUNO: We're all trying
9 to do the people's business as best we can
10 under very challenging and difficult
11 circumstances, but we are going to -- so don't
12 anybody move, please -- recess for a little
13 while and then, in the meantime, call a Rules
14 Committee meeting in Room 332.
15 But the recess will give us an
16 opportunity to take a break and join Senator
17 Marchi and his lovely wife, Maria Luisa, out
18 here, where I believe the Governor is going to
19 come by and the Speaker is going to come by,
20 and both houses, with members, in a little
21 open house honoring Senator Marchi's -- which
22 may be the last day of regular session -- that
23 he, as the longest serving legislator in the
24 whole United States, will be attending.
25 Now, we may be back later, and
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1 Senator Marchi will be back if we are. But
2 officially we're supposed to be closing on
3 June 22nd.
4 So we've laid out some good things
5 to eat, there are some good things to drink,
6 and there is great company and the Senator and
7 his wife.
8 So we would like the Rules
9 Committee, we would like to recess. We would
10 like for you not to go too far, because it's
11 right outside the door. And hopefully some of
12 your colleagues will make it a pass-through
13 from the Assembly.
14 So this is togetherness and love
15 and peace in the greatest tradition of Senator
16 John Marchi, the most distinguished legislator
17 in the whole country.
18 (Standing ovation.)
19 ACTING PRESIDENT MARCELLINO: On
20 that note, there will be a meeting of the
21 Rules Committee in Room 332.
22 The Senate will be at ease. Let's
23 enjoy.
24 (Whereupon, the Senate stood at
25 ease at 5:20 p.m.)
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1 (Whereupon, the Senate reconvened
2 at 5:57 p.m.)
3 SENATOR BALBONI: Mr. President.
4 ACTING PRESIDENT FUSCHILLO:
5 Senator Balboni.
6 SENATOR BALBONI: Can we please
7 return to reports of standing committees. I
8 believe there is a Rules report at the desk.
9 ACTING PRESIDENT FUSCHILLO:
10 Reports of standing committees.
11 The Secretary will read.
12 THE SECRETARY: Senator Bruno,
13 from the Committee on Rules, reports the
14 following bills:
15 Senate Print 126A, by Senator
16 Seward, an act relating to the Department of
17 Health;
18 1072B, by Senator Alesi, an act to
19 amend the Volunteer Firefighters Benefit Law;
20 2790B, by Senator Flanagan, an act
21 to amend the Tax Law;
22 3518C, by Senator Morahan, an act
23 to amend the Retirement and Social Security
24 Law;
25 3531A, by Senator Winner, an act to
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1 amend the Workers' Compensation Law;
2 4605A, by Senator Wright, an act to
3 amend the Public Service Law;
4 4927A, by Senator Hannon, an act to
5 amend the Public Health Law;
6 6742, by Senator Padavan, an act to
7 amend Chapter 548 of the Laws of 2004;
8 7458A, by Senator Hannon, an act to
9 amend the Public Health Law;
10 7642, by Senator Meier, an act to
11 amend the Social Services Law;
12 7691A, by Senator Padavan, an act
13 to amend the Family Court Act;
14 7979, by Senator Seward, an act
15 relating to increasing availability;
16 7992, by Senator Libous, an act to
17 amend the Highway Law;
18 8072A, by Senator Maziarz, an act
19 to amend the Labor Law;
20 8110, by Senator Leibell, an act to
21 amend the Public Authorities Law;
22 8173, by Senator Morahan, an act to
23 amend the Mental Hygiene Law;
24 8194, by Senator Golden, an act to
25 amend the Social Services Law;
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1 8195, by Senator Farley, an act to
2 amend the New York State Urban Development
3 Corporation Act;
4 8210, by Senator Maltese, an act to
5 amend the Public Health Law;
6 8227A, by Senator Hannon, an act to
7 amend the Public Health Law;
8 8291A, by Senator Fuschillo, an act
9 to amend the Environmental Conservation Law;
10 8306, by Senator Breslin, an act to
11 amend the Highway Law;
12 8316, by Senator Wright, an act to
13 amend the Public Authorities Law;
14 8320, by Senator Balboni, an act to
15 amend the Real Property Tax Law;
16 8326A, by Senator Morahan, an act
17 in relation to the determination;
18 8335, by the Senate Committee on
19 Rules, an act to amend Chapter 444 of the Laws
20 of 1997;
21 8350A, by Senator Golden, an act to
22 amend the Urban Development Corporation Act;
23 8373, by Senator Fuschillo, an act
24 to amend the General Business Law;
25 8374, by Senator Skelos, an act to
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1 amend the Public Authorities Law;
2 8375, by Senator Winner, an act to
3 authorize;
4 8394, by Senator Maziarz, an act to
5 amend the Public Authorities Law;
6 8399, by the Senate Committee on
7 Rules, an act to amend the General Municipal
8 Law;
9 8400, by Senator Golden, an act to
10 amend the Vehicle and Traffic Law;
11 8422, by Senator Leibell, an act to
12 amend the Education Law;
13 8426, by Senator Leibell, an act to
14 amend the Public Authorities Law;
15 8428, by Senator Golden, an act to
16 amend the Administrative Code of the City of
17 New York;
18 8430, by Senator Volker, an act to
19 amend the Military Law;
20 8431, by Senator Saland, an act to
21 amend the Penal Law;
22 8436, by Senator Little, an act to
23 amend the Criminal Procedure Law;
24 8453, by Senator Padavan, an act to
25 authorize;
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1 8454, by Senator Balboni, an act to
2 amend the Public Authorities Law;
3 8456, by Senator Maziarz, an act to
4 amend Chapter 62 of the Laws of 2003;
5 And Senate Print 8457, by Senator
6 Skelos, an act to amend the Correction Law and
7 the Executive Law.
8 All bills ordered direct to third
9 reading.
10 ACTING PRESIDENT FUSCHILLO:
11 Senator Balboni.
12 SENATOR BALBONI: Madam
13 President, I move to accept the report of the
14 Rules Committee.
15 ACTING PRESIDENT FUSCHILLO:
16 Madam President? Mr. President.
17 SENATOR BALBONI: Did I say Madam
18 President? I'm sorry. Your hair looks great.
19 (Laughter.)
20 ACTING PRESIDENT FUSCHILLO: All
21 in favor of accepting the report of the Rules
22 Committee signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT FUSCHILLO:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT FUSCHILLO: The
3 report is accepted.
4 SENATOR BALBONI: Mr. President.
5 ACTING PRESIDENT FUSCHILLO:
6 Senator Balboni.
7 SENATOR BALBONI: For the
8 edification of the members, this is what we're
9 going to be doing now. We're going to be
10 taking up the supplemental active list. These
11 bills are not on the floor as a result of a
12 Rules Committee meeting. This is off the main
13 calendar and should be on your desks.
14 And this will done in a
15 noncontroversial fashion, hopefully.
16 Mr. President.
17 ACTING PRESIDENT FUSCHILLO:
18 Senator Balboni.
19 SENATOR BALBONI: As we prepare
20 the chamber for the consideration of the
21 supplemental active list, why don't we return
22 to reports of standing committees.
23 And I believe there is a report of
24 the Finance Committee at the desk with one
25 nomination on it.
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1 ACTING PRESIDENT FUSCHILLO:
2 Reports of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Johnson,
5 from the Committee on Finance, reports the
6 following nomination.
7 As a member of the Public Service
8 Commission, Robert E. Curry, Jr., Esquire, of
9 Lattingtown.
10 ACTING PRESIDENT FUSCHILLO:
11 Senator Johnson.
12 SENATOR JOHNSON: I'd like to
13 move that nomination.
14 ACTING PRESIDENT FUSCHILLO: The
15 question is on the nomination of Robert E.
16 Curry, Jr., of Lattingtown, as a member of the
17 Public Service Commission. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT FUSCHILLO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT FUSCHILLO:
24 Robert E. Curry is hereby confirmed as a
25 member of the Public Service Commission.
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1 Mr. Curry.
2 (Applause.)
3 ACTING PRESIDENT FUSCHILLO:
4 Mr. Curry is here with his son, Robert.
5 Congratulations.
6 Senator Balboni.
7 SENATOR BALBONI: Mr. President,
8 I believe that we are ready now to take up the
9 supplemental active list, beginning with
10 Calendar Number 175, by Senator Alesi.
11 ACTING PRESIDENT FUSCHILLO: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 175, by Senator Alesi, Senate Print 6365A, an
15 act to amend the Public Health Law.
16 SENATOR BALBONI: Mr. President.
17 ACTING PRESIDENT FUSCHILLO:
18 Senator Balboni.
19 SENATOR BALBONI: Is there a
20 message of necessity at the desk?
21 ACTING PRESIDENT FUSCHILLO: Yes,
22 there is.
23 SENATOR BALBONI: I move to
24 accept the message of necessity.
25 ACTING PRESIDENT FUSCHILLO: All
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1 in favor of accepting the message of necessity
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT FUSCHILLO:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT FUSCHILLO: The
8 ayes have it. The message is accepted.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FUSCHILLO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT FUSCHILLO: The
17 bill is passed.
18 THE SECRETARY: In relation to
19 Calendar Number 318, Senator Volker moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 11864 and substitute it
22 for the identical Senate Bill Number 2742A,
23 Third Reading Calendar 318.
24 ACTING PRESIDENT FUSCHILLO:
25 Substitution ordered.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 318, by the Assembly Committee on Rules,
4 Assembly Print Number 11864, an act to amend
5 the Penal Law.
6 ACTING PRESIDENT FUSCHILLO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FUSCHILLO: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Serrano, why do you rise?
15 SENATOR SERRANO: To explain my
16 vote.
17 ACTING PRESIDENT FUSCHILLO:
18 Senator Serrano, to explain his vote.
19 SENATOR SERRANO: I will be
20 voting against this bill.
21 And I hope my colleagues have the
22 opportunity to take a long, hard look at the
23 language of this bill. This is a very
24 dangerous piece of legislation it would lower
25 the age requirement for a youngster to use a
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1 pistol to 14 years old.
2 Now, there's no reason why a
3 14-year-old child should be anywhere near a
4 gun. And this is just going to teach them the
5 so-called sport of violence and how to use a
6 gun, and it is a very, very dangerous
7 situation.
8 And I hope that all of my
9 colleagues here on both sides of the aisle
10 take a long, hard look at this bill. I will
11 be voting no.
12 Thank you.
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Serrano, you will be recorded in the
15 negative.
16 Senator Schneiderman.
17 SENATOR SCHNEIDERMAN: Thank you,
18 Mr. President. To explain my vote.
19 I also will be voting in the
20 negative, although I do think that young
21 people being trained in how to shoot is not
22 necessarily a bad thing. I shot long guns
23 when I was a kid. I didn't carry one around
24 with me.
25 But I think that this reinforces --
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1 the fact that we're able to do this bill
2 reinforces my concern that we're ending this
3 session, once again, with the Assembly having
4 passed a whole series of enforceable,
5 reasonable restrictions on the sale of illegal
6 firearms and on the dealers who sell illegal
7 firearms or sell the guns that become illegal
8 firearms in the State of New York.
9 We really have to reassess the
10 attitude of this house. There was much made
11 at the end of last year that we were finally
12 getting tough on guns and gun crime. We have
13 failed to meet that standard this year. We
14 have failed to live up to that obligation this
15 year.
16 I'll be voting no on this, in the
17 hope that as we move forward we will be able
18 to address this critical issue.
19 Thank you, Mr. President.
20 ACTING PRESIDENT FUSCHILLO:
21 Announce the results.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 318 are
24 Senators Duane, L. Krueger, Schneiderman and
25 Serrano.
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1 Ayes, 56. Nays, 4.
2 ACTING PRESIDENT FUSCHILLO: The
3 bill is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 348, Senator Morahan moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 2895A and substitute it
8 for the identical Senate Bill Number 3653A,
9 Third Reading Calendar 348.
10 ACTING PRESIDENT FUSCHILLO:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 348, by Member of the Assembly Rivera,
15 Assembly Print Number 2895A, an act to amend
16 the Mental Hygiene Law.
17 ACTING PRESIDENT FUSCHILLO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FUSCHILLO: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT FUSCHILLO:
25 Senator Morahan.
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1 SENATOR MORAHAN: Mr. President,
2 I'd like to explain my vote.
3 ACTING PRESIDENT FUSCHILLO:
4 Senator Morahan, to explain his vote.
5 SENATOR MORAHAN: This bill is a
6 major movement in this house towards helping
7 to create an inventory of those New Yorkers
8 who have mental disease and are in need of
9 housing.
10 This bill has passed three years in
11 a row in the Assembly, but this year we're
12 going to join the Assembly and get this bill
13 into law.
14 What this bill will require is
15 counties every month reporting what the need
16 is out there for either subsidized housing,
17 supplemental housing, group homes or whatever
18 it may be. And until this time, we have never
19 had a real inventory as to exactly what that
20 need is. This bill will service that need.
21 As we go forward in the future,
22 we're going to have to address that need and
23 see if we can meet the needs of New Yorkers
24 that have mental disease of one form or
25 another and are in dire need of some shelter.
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1 Thank you.
2 ACTING PRESIDENT FUSCHILLO:
3 Announce the results.
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT FUSCHILLO: The
6 bill is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 386, Senator Nozzolio moves to
9 discharge, from the Committee on Rules,
10 Assembly Bill Number 2122 and substitute it
11 for the identical Senate Bill Number 4493,
12 Third Reading Calendar 386.
13 ACTING PRESIDENT FUSCHILLO:
14 Substitution ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 386, by Member of the Assembly Morelle,
18 Assembly Print Number 2122, an act to amend
19 the General Business Law.
20 ACTING PRESIDENT FUSCHILLO: Read
21 the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect on the 60th day.
24 ACTING PRESIDENT FUSCHILLO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT FUSCHILLO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 423, by Senator Young, Senate Print 6265A, an
7 act to amend the Private Housing Finance Law.
8 ACTING PRESIDENT FUSCHILLO: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FUSCHILLO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT FUSCHILLO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 691, by Senator Golden, Senate Print 4502A, an
20 act to amend the Alcoholic Beverage Control
21 Law.
22 ACTING PRESIDENT FUSCHILLO:
23 Senator Balboni.
24 SENATOR BALBONI: Mr. President,
25 I believe there's a message of necessity at
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1 the desk.
2 ACTING PRESIDENT FUSCHILLO: Yes,
3 there is.
4 SENATOR BALBONI: I move that we
5 accept the message.
6 ACTING PRESIDENT FUSCHILLO: All
7 in favor of accepting the message of necessity
8 please signify by saying aye.
9 (Response of "Aye.")
10 ACTING PRESIDENT FUSCHILLO:
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT FUSCHILLO: The
14 ayes have it.
15 The Secretary will read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FUSCHILLO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT FUSCHILLO: The
24 bill is passed.
25 THE SECRETARY: In relation to
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1 Calendar Number 912, Senator DeFrancisco moves
2 to discharge, from the Committee on Rules,
3 Assembly Bill Number 10619B and substitute it
4 for the identical Senate Bill Number 7233A,
5 Third Reading Calendar 912.
6 ACTING PRESIDENT FUSCHILLO:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 912, by Member of the Assembly Magnarelli,
11 Assembly Print Number 10619B, an act to amend
12 the Penal Law.
13 ACTING PRESIDENT FUSCHILLO: Read
14 the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the first of
17 November.
18 ACTING PRESIDENT FUSCHILLO: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT FUSCHILLO:
22 Senator DeFrancisco, to explain your vote.
23 SENATOR DeFRANCISCO: Thank you,
24 Mr. President.
25 This bill is entitled the
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1 Bill Leaf-Brandi Woods bill. Earlier in the
2 year we had a news conference about this bill.
3 And basically what this bill resulted from was
4 two unfortunate deaths, one a reporter from
5 WSYR News who was killed by the drunk driver
6 going the wrong way on a major thoroughfare in
7 Onondaga County, and another the death of a
8 young 11-year-old Girl Scout who was
9 delivering her Girl Scout cookies, by a drunk
10 driver.
11 The reason for this bill is each of
12 those defendants, or those charged, were
13 convicted of prior DWIs. And what this bill
14 does is it increases penalties for individuals
15 who have prior DWIs that cause serious
16 physical injury or death. So that there's
17 serious punishment for the repeat DWI
18 offender.
19 It's an important bill, and I urge
20 the support of everyone. And I vote aye.
21 ACTING PRESIDENT FUSCHILLO:
22 Senator DeFrancisco will be recorded in the
23 affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT FUSCHILLO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 924, by Senator Balboni, Senate Print 7682A,
5 an act to amend the Executive Law.
6 ACTING PRESIDENT FUSCHILLO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect one year after it shall
10 have become a law.
11 ACTING PRESIDENT FUSCHILLO: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT FUSCHILLO:
15 Senator Balboni, why do you rise?
16 SENATOR BALBONI: Mr. President,
17 I'd like to explain my vote.
18 This particular bill is a
19 significant bill because what this does, it
20 creates, for the first time in New York State
21 history, a uniform identification card for
22 firefighters.
23 Now, it may not sound like it's so
24 important, but the impact of this is that
25 everybody who is a volunteer firefighter or a
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1 professional firefighter will be able to go to
2 any scene across the state and be able to
3 assist because of this card.
4 This recommendation came out of the
5 George Washington University Homeland Security
6 Policy Institute, and we are the first state
7 in the nation to take this up. Once again,
8 New York State leading the way.
9 I vote aye, Mr. President. Thank
10 you.
11 ACTING PRESIDENT FUSCHILLO:
12 Senator Balboni will be recorded in the
13 negative.
14 Announce the results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT FUSCHILLO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 946, by Senator Farley, Senate Print 6683B, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT FUSCHILLO: Read
22 the last section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 ACTING PRESIDENT FUSCHILLO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT FUSCHILLO: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 948, Senator Bruno moves to
8 discharge, from the Committee on
9 Investigations and Government Operations,
10 Assembly Bill Number 10654A and substitute it
11 for the identical Senate Bill Number 7194A,
12 Third Reading Calendar 948.
13 ACTING PRESIDENT FUSCHILLO:
14 Substitution ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 948, by the Assembly Committee on Rules,
18 Assembly Print Number 10654A, an act to amend
19 the Tax Law.
20 ACTING PRESIDENT FUSCHILLO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first day of the
24 month next succeeding.
25 ACTING PRESIDENT FUSCHILLO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59. Nays,
4 1. Senator Valesky recorded in the negative.
5 ACTING PRESIDENT FUSCHILLO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 997, by Senator Wright, Senate Print 3249D, an
9 act to amend the General Business Law.
10 SENATOR BALBONI: Mr. President.
11 ACTING PRESIDENT FUSCHILLO:
12 Senator Balboni.
13 SENATOR BALBONI: I believe there
14 is a message of necessity at the desk.
15 ACTING PRESIDENT FUSCHILLO: Yes,
16 there is.
17 SENATOR BALBONI: I move to
18 accept the message.
19 ACTING PRESIDENT FUSCHILLO: All
20 in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT FUSCHILLO:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT FUSCHILLO: The
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1 message is accepted.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT FUSCHILLO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT FUSCHILLO: The
11 bill is passed.
12 THE SECRETARY: In relation to
13 Calendar Number 1013, Senator Seward moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 11129 and substitute it
16 for the identical Senate Bill Number 7158A,
17 Third Reading Calendar 1013.
18 ACTING PRESIDENT FUSCHILLO:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1013, by Member of the Assembly Latimer,
23 Assembly Print Number 11129, an act to amend
24 the Insurance Law.
25 ACTING PRESIDENT FUSCHILLO: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FUSCHILLO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT FUSCHILLO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 1023, Senator Young moves to
12 discharge, from the Committee on Rules,
13 Assembly Bill Number 10624A and substitute it
14 for the identical Senate Bill Number 7785,
15 Third Reading Calendar 1023.
16 ACTING PRESIDENT FUSCHILLO:
17 Substitution ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1023, by Member of the Assembly Magee,
21 Assembly Print Number 10624A, an act to amend
22 the Agriculture and Markets Law.
23 ACTING PRESIDENT FUSCHILLO: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT FUSCHILLO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT FUSCHILLO: The
7 bill is passed.
8 THE SECRETARY: In relation to
9 Calendar Number 1063, Senator Nozzolio moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 9911A and substitute it
12 for the identical Senate Bill Number 6647A,
13 Third Reading Calendar 1063.
14 ACTING PRESIDENT FUSCHILLO:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1063, by Member of the Assembly Errigo,
19 Assembly Print Number 9911A, an act to amend
20 the Highway Law.
21 ACTING PRESIDENT FUSCHILLO: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT FUSCHILLO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT FUSCHILLO: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1068, Senator DeFrancisco
8 moves to discharge, from the Committee on
9 Rules, Assembly Bill Number 10369A and
10 substitute it for the identical Senate Bill
11 Number 7216A, Third Reading Calendar 1068.
12 ACTING PRESIDENT FUSCHILLO:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1068, by Member of the Assembly Magnarelli,
17 Assembly Print Number 10369A, an act to amend
18 the Vehicle and Traffic Law.
19 ACTING PRESIDENT FUSCHILLO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect November 1, 2006.
23 ACTING PRESIDENT FUSCHILLO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT FUSCHILLO: The
4 bill is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1197, Senator Skelos moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 11167B and substitute it
9 for the identical Senate Bill Number 7452A,
10 Third Reading Calendar 1197.
11 ACTING PRESIDENT FUSCHILLO:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1197, by Member of the Assembly Morelle,
16 Assembly Print Number 11167B, an act to amend
17 the General Business Law.
18 ACTING PRESIDENT FUSCHILLO: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT FUSCHILLO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT FUSCHILLO: The
3 bill is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 1217, Senator DeFrancisco
6 moves to discharge, from the Committee on
7 Codes, Assembly Bill Number 8858A and
8 substitute it for the identical Senate Bill
9 Number 5682A, Third Reading Calendar 1217.
10 ACTING PRESIDENT FUSCHILLO:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1217, by the Assembly Committee on Rules,
15 Assembly Print Number 8858A, an act to amend
16 the Criminal Procedure Law.
17 ACTING PRESIDENT FUSCHILLO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FUSCHILLO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59. Nays,
25 1. Senator Duane recorded in the negative.
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1 ACTING PRESIDENT FUSCHILLO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1226 --
5 SENATOR BALBONI: Mr. President.
6 ACTING PRESIDENT FUSCHILLO:
7 Senator Balboni.
8 SENATOR BALBONI: Please have
9 that bill laid aside temporarily.
10 ACTING PRESIDENT FUSCHILLO: The
11 bill is laid aside temporarily.
12 SENATOR BALBONI: Thank you.
13 THE SECRETARY: In relation to
14 Calendar Number 1232, Senator Libous moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 10120C and substitute it
17 for the identical Senate Bill Number 7301A,
18 Third Reading Calendar 1232.
19 ACTING PRESIDENT FUSCHILLO:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1232, by Member of the Assembly Lupardo,
24 Assembly Print Number 10120C, an act to amend
25 the Environmental Conservation Law.
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1 ACTING PRESIDENT FUSCHILLO: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT FUSCHILLO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT FUSCHILLO: The
10 bill is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 1233, Senator Libous moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 10757A and substitute it
15 for the identical Senate Bill Number 7307B,
16 Third Reading Calendar 1233.
17 ACTING PRESIDENT FUSCHILLO:
18 Substitution ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1233, by Member of the Assembly Lupardo,
22 Assembly Print Number 10757A, an act to amend
23 the Environmental Conservation Law.
24 ACTING PRESIDENT FUSCHILLO: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FUSCHILLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT FUSCHILLO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1266, by Senator Saland, Senate Print 7315A,
11 an act to amend the Family Court Act, the
12 Penal Law, and the Criminal Procedure Law.
13 ACTING PRESIDENT FUSCHILLO: Read
14 the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FUSCHILLO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1285, by Senator Libous, Senate Print 7511B,
25 an act to amend the Real Property Tax Law.
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1 ACTING PRESIDENT FUSCHILLO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FUSCHILLO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT FUSCHILLO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1352, by Senator Skelos, Senate Print 7421B,
13 an act to amend the Public Health Law.
14 ACTING PRESIDENT FUSCHILLO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect September 1, 2007.
18 ACTING PRESIDENT FUSCHILLO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT FUSCHILLO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1357, by Senator Morahan, Senate Print 243C,
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1 an act to amend the Tax Law.
2 ACTING PRESIDENT FUSCHILLO: Read
3 the 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 FUSCHILLO: We
8 have a local fiscal impact note at the desk.
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT FUSCHILLO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1429, by Senator Balboni, Senate Print 4495B,
16 an act to amend the Executive Law and the
17 General Business Law.
18 ACTING PRESIDENT FUSCHILLO: Read
19 the last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT FUSCHILLO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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5790
1 ACTING PRESIDENT FUSCHILLO: The
2 bill is passed.
3 THE SECRETARY: In relation to
4 Calendar Number 1652, Senator Fuschillo moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 10920A and substitute it
7 for the identical Senate Bill Number 8019A,
8 Third Reading Calendar 1652.
9 ACTING PRESIDENT FUSCHILLO:
10 Substitution ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1652, by Member of the Assembly Hooper,
14 Assembly Print Number 10920A, an act to
15 authorize.
16 ACTING PRESIDENT FUSCHILLO: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FUSCHILLO: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 1652 are
25 Senators Bonacic, Larkin and Rath.
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5791
1 Ayes, 57. Nays, 3.
2 ACTING PRESIDENT FUSCHILLO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1767, by Senator Wright, Senate Print 8100A,
6 an act to authorize the conveyance of certain
7 real property.
8 ACTING PRESIDENT FUSCHILLO:
9 Senator Balboni, why do you rise?
10 SENATOR BALBONI: Mr. President,
11 I believe there's a message of necessity at
12 the desk.
13 ACTING PRESIDENT FUSCHILLO: Yes,
14 there is.
15 SENATOR BALBONI: I move that we
16 accept the message.
17 ACTING PRESIDENT FUSCHILLO: All
18 in favor please signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT FUSCHILLO:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT FUSCHILLO: The
24 message is accepted.
25 The Secretary will read.
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5792
1 THE SECRETARY: Section 7. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FUSCHILLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT FUSCHILLO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1812, by Senator Padavan, Senate Print 7673,
11 an act to amend the Tax Law.
12 ACTING PRESIDENT FUSCHILLO: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first day of a
16 sales tax quarterly period.
17 ACTING PRESIDENT FUSCHILLO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1909, Senator Skelos moves to
25 discharge, from the Committee on Rules,
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5793
1 Assembly Bill Number 11399C and substitute it
2 for the identical Senate Bill Number 7381C,
3 Third Reading Calendar 1909.
4 ACTING PRESIDENT FUSCHILLO:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1909, by Member of the Assembly Weisenberg,
9 Assembly Print Number 11399C, an act to amend
10 the Education Law.
11 ACTING PRESIDENT FUSCHILLO: Read
12 the last section.
13 THE SECRETARY: Section 9. This
14 act shall take effect on the first of July
15 next succeeding.
16 ACTING PRESIDENT FUSCHILLO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59. Nays,
20 1. Senator Saland recorded in the negative.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1992, by Senator DeFrancisco, Senate Print
25 8239, an act to authorize.
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5794
1 ACTING PRESIDENT FUSCHILLO:
2 Senator Balboni.
3 SENATOR BALBONI: Yes,
4 Mr. President. I believe there's a message of
5 necessity at the desk from the Governor.
6 ACTING PRESIDENT FUSCHILLO: Yes,
7 there is.
8 SENATOR BALBONI: I move that we
9 accept the message.
10 ACTING PRESIDENT FUSCHILLO: All
11 in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT FUSCHILLO:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT FUSCHILLO: The
17 message is accepted.
18 The Secretary will read.
19 THE SECRETARY: Senate Print
20 Number 8239, an act to authorize the reopening
21 of the optional 20-year retirement plan.
22 ACTING PRESIDENT FUSCHILLO:
23 There is a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 3. This
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5795
1 act shall take effect immediately.
2 ACTING PRESIDENT FUSCHILLO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT FUSCHILLO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1993, by Senator Marcellino, Senate Print
10 8240, an act to amend the Agriculture and
11 Markets Law.
12 ACTING PRESIDENT FUSCHILLO:
13 Senator Balboni.
14 SENATOR BALBONI: Mr. President,
15 I believe there's a message of necessity at
16 the desk.
17 ACTING PRESIDENT FUSCHILLO: Yes,
18 there is.
19 SENATOR BALBONI: I move that we
20 accept the message.
21 ACTING PRESIDENT FUSCHILLO: All
22 in favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT FUSCHILLO:
25 Opposed, nay.
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5796
1 (No response.)
2 ACTING PRESIDENT FUSCHILLO: The
3 message is accepted.
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the first of January
7 next succeeding.
8 ACTING PRESIDENT FUSCHILLO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT FUSCHILLO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1994, by Senator Padavan, Senate Print 8242,
16 an act to amend the Education Law.
17 ACTING PRESIDENT FUSCHILLO:
18 Senator Balboni.
19 SENATOR BALBONI: Mr. President,
20 I believe there is a message of necessity at
21 the desk.
22 ACTING PRESIDENT FUSCHILLO: Yes,
23 there is.
24 SENATOR BALBONI: I move that we
25 accept the message.
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5797
1 ACTING PRESIDENT FUSCHILLO: All
2 in favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT FUSCHILLO:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT FUSCHILLO: The
8 message is accepted.
9 Read the last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FUSCHILLO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT FUSCHILLO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1995, by Senator Fuschillo, Senate Print 8263,
20 an act to amend the Penal Law and the Criminal
21 Procedure Law.
22 ACTING PRESIDENT FUSCHILLO:
23 Senator Balboni.
24 SENATOR BALBONI: Mr. President,
25 I believe there is a message of necessity at
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5798
1 the desk.
2 ACTING PRESIDENT FUSCHILLO: Yes,
3 there is.
4 SENATOR BALBONI: I move that we
5 accept the message.
6 ACTING PRESIDENT FUSCHILLO: All
7 in favor signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT FUSCHILLO:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT FUSCHILLO: The
13 message is accepted.
14 Read the last section.
15 THE SECRETARY: Section 14. This
16 act shall take effect on the 90th day.
17 ACTING PRESIDENT FUSCHILLO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 2057, Senator Morahan moves to
25 discharge, from the Committee on Rules
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5799
1 Assembly Bill Number 9201B and substitute it
2 for the identical Senate Bill Number 6775B,
3 Third Reading Calendar 2057.
4 ACTING PRESIDENT FUSCHILLO:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2057, by Member of the Assembly Zebrowski,
9 Assembly Print Number 9201B, an act to amend
10 the Public Health Law.
11 ACTING PRESIDENT FUSCHILLO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FUSCHILLO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT FUSCHILLO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2077, by Senator Padavan, Senate Print 8392,
23 an act to amend the Tax Law and the Parks,
24 Recreation and Historic Preservation Law.
25 ACTING PRESIDENT FUSCHILLO: Read
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5800
1 the last section.
2 THE SECRETARY: Section 6. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FUSCHILLO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT FUSCHILLO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 2086, Senator Hannon moves to
12 discharge, from the Committee on Rules,
13 Assembly Bill Number 4882B and substitute it
14 for the identical Senate Bill Number 5606A,
15 Third Reading Calendar 2086.
16 ACTING PRESIDENT FUSCHILLO:
17 Substitution ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 2086, by Member of the Assembly Pretlow,
21 Assembly Print Number 4882B, an act to amend
22 the Public Health Law.
23 ACTING PRESIDENT FUSCHILLO: Read
24 the last section.
25 THE SECRETARY: Section 4. This
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5801
1 act shall take effect one year after it shall
2 have become a law.
3 ACTING PRESIDENT FUSCHILLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT FUSCHILLO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 2112, by Senator Meier, Senate Print 8435, an
11 act to amend the Family Court Act and others.
12 ACTING PRESIDENT FUSCHILLO:
13 Senator Balboni.
14 SENATOR BALBONI: Mr. President,
15 I believe there is a message of necessity at
16 the desk.
17 ACTING PRESIDENT FUSCHILLO: Yes,
18 there is.
19 SENATOR BALBONI: I move that we
20 accept the message.
21 ACTING PRESIDENT FUSCHILLO: All
22 in favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT FUSCHILLO:
25 Opposed, nay.
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5802
1 (No response.)
2 ACTING PRESIDENT FUSCHILLO: The
3 message is accepted.
4 Read the last section.
5 THE SECRETARY: Section 18. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FUSCHILLO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT FUSCHILLO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2113, by Senator Bruno, Senate Print 8438, an
15 act to authorizing the County of Saratoga.
16 ACTING PRESIDENT FUSCHILLO:
17 Senator Schneiderman.
18 SENATOR SCHNEIDERMAN: Yes,
19 Mr. President, I believe there's a message of
20 necessity at the desk. I'd like to ask that
21 the message be accepted.
22 ACTING PRESIDENT FUSCHILLO: Yes,
23 there is.
24 SENATOR SCHNEIDERMAN: All in
25 favor.
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5803
1 ACTING PRESIDENT FUSCHILLO: Do
2 you move for the message to be --
3 SENATOR SCHNEIDERMAN: I would
4 move that we accept the message.
5 ACTING PRESIDENT FUSCHILLO:
6 Okay. All in favor signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT FUSCHILLO:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT FUSCHILLO: The
12 message is accepted.
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FUSCHILLO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT FUSCHILLO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 2114, by Senator Golden, Senate Print 8442, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT FUSCHILLO:
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5804
1 Senator Balboni.
2 SENATOR BALBONI: Mr. President,
3 obviously some of us in this chamber need a
4 reminder of how these things are done.
5 I believe there is a message of
6 necessity at the desk.
7 ACTING PRESIDENT FUSCHILLO: Yes,
8 there is, Senator.
9 SENATOR BALBONI: I move that we
10 accept the message of necessity.
11 ACTING PRESIDENT FUSCHILLO: All
12 in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT FUSCHILLO:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT FUSCHILLO: The
18 message is accepted.
19 Read the last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FUSCHILLO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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5805
1 ACTING PRESIDENT FUSCHILLO: The
2 bill is passed.
3 Senator Balboni, that completes the
4 noncontroversial reading of the supplemental
5 calendar.
6 SENATOR BALBONI: Mr. President,
7 I'd like to go back to a bill on the
8 supplemental active list, the one we just did
9 that began with Calendar Number 175.
10 I'd like to go to Calendar Number
11 1226, by Senator Morahan.
12 ACTING PRESIDENT FUSCHILLO: This
13 will be the noncontroversial reading of
14 Calendar 1226.
15 The Secretary will read.
16 THE SECRETARY: In relation to
17 Calendar Number 1226, Senator Morahan moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 5972B and substitute it
20 for the identical Senate Bill Number 4103B,
21 Third Reading Calendar 1226.
22 ACTING PRESIDENT FUSCHILLO:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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5806
1 1226, by Member of the Assembly Rabbitt,
2 Assembly Print Number 5972B, an act to amend
3 the Greenwood Lake Protection Act.
4 ACTING PRESIDENT FUSCHILLO: Read
5 the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect upon the enactment into
8 law by the State of New Jersey.
9 ACTING PRESIDENT FUSCHILLO: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT FUSCHILLO: The
14 bill is passed.
15 Senator Nozzolio, for a motion.
16 SENATOR NOZZOLIO: Thank you,
17 Mr. President.
18 I offer the following amendments on
19 behalf of Senator Hannon to Calendar Number
20 2163, Senate Print Number 8227A, and ask that
21 said bill retain its place on Third Reading
22 Calendar.
23 ACTING PRESIDENT FUSCHILLO: The
24 amendments are received, and the bill will
25 retain its place on the Third Reading
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5807
1 Calendar.
2 SENATOR BALBONI: Mr. President.
3 ACTING PRESIDENT FUSCHILLO:
4 Senator Balboni.
5 SENATOR BALBONI: We will now
6 take up Supplemental Calendar Number 61B,
7 which is on the members' desks, along with a
8 packet of bills which represents the bills
9 that were recently reported from the last
10 Rules Committee meeting. This will be taken
11 up in a noncontroversial manner.
12 ACTING PRESIDENT FUSCHILLO: The
13 Secretary will read the noncontroversial
14 reading of Supplemental Calendar 61B.
15 THE SECRETARY: In relation to
16 Calendar Number 2144, Senator Seward moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 829A and substitute it
19 for the identical Senate Bill Number 126A,
20 Third Reading Calendar 2144.
21 ACTING PRESIDENT FUSCHILLO:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2144, by Member of the Assembly Lifton,
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5808
1 Assembly Print Number 829A, an act relating to
2 the Department of Health approval.
3 ACTING PRESIDENT FUSCHILLO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FUSCHILLO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT FUSCHILLO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2145, by Senator Alesi, Senate Print 1072B, an
15 act to amend the Volunteer Firefighters
16 Benefit Law.
17 ACTING PRESIDENT FUSCHILLO: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FUSCHILLO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT FUSCHILLO: The
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5809
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 2146, by Senator Flanagan, Senate Print 2790B,
4 an act to amend the Tax Law.
5 ACTING PRESIDENT FUSCHILLO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first day of a
9 sales tax quarterly period.
10 ACTING PRESIDENT FUSCHILLO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT FUSCHILLO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 2147, by Senator Morahan, Senate Print 3518C,
18 an act to amend the retirement and Social
19 Security Law.
20 ACTING PRESIDENT FUSCHILLO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT FUSCHILLO: Call
25 the roll.
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5810
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT FUSCHILLO: The
4 bill is passed.
5 Senator Morahan, why do you rise?
6 SENATOR MORAHAN: To explain my
7 vote and to talk about the bill.
8 This was called a "Mommy bill."
9 These are women who years ago were teachers in
10 Tier 1 who left for reasons of family, to have
11 children and what have you, and when they
12 tried to reenter the system and come back as
13 teachers, they were put in different tiers.
14 This bill, which has been lobbied
15 for for several years, will now put those
16 people back into the original tier that they
17 were in when they first were employed and had
18 to leave for family reasons.
19 Good bill. Thank you.
20 ACTING PRESIDENT FUSCHILLO:
21 Thank you, Senator.
22 Announce the results.
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT FUSCHILLO: The
25 bill is passed.
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5811
1 THE SECRETARY: Calendar Number
2 2148, by Senator Winner, Senate Print 3531A,
3 an act to amend the Workers' Compensation Law.
4 ACTING PRESIDENT FUSCHILLO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect January 1, 2007.
8 ACTING PRESIDENT FUSCHILLO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT FUSCHILLO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 2149, by Senator Wright, Senate Print 4605A,
16 an act to amend the Public Service Law.
17 ACTING PRESIDENT FUSCHILLO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 90th day.
21 ACTING PRESIDENT FUSCHILLO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT FUSCHILLO: The
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5812
1 bill is passed.
2 THE SECRETARY: In relation to
3 Calendar Number 2150, Senator Hannon moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 8219A and substitute it
6 for the identical Senate Bill Number 4927A,
7 Third Reading Calendar 2150.
8 ACTING PRESIDENT FUSCHILLO:
9 Substitution ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 2150, by Member of the Assembly Tokasz,
13 Assembly Print Number 8219A, an act to amend
14 the Public Health Law.
15 ACTING PRESIDENT FUSCHILLO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FUSCHILLO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT FUSCHILLO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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5813
1 2151, by Senator Padavan, Senate Print 6742,
2 an act to amend Chapter 548 of the Laws of
3 2004.
4 ACTING PRESIDENT FUSCHILLO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FUSCHILLO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT FUSCHILLO: The
13 bill is passed.
14 THE SECRETARY: In relation to
15 Calendar Number 2152, Senator Hannon moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 11162B and substitute it
18 for the identical Senate Bill Number 7458A,
19 Third Reading Calendar 2152.
20 ACTING PRESIDENT FUSCHILLO:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 2152, by Member of the Assembly Gottfried,
25 Assembly Print Number 11162B, an act to amend
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5814
1 the Public Health Law.
2 ACTING PRESIDENT FUSCHILLO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FUSCHILLO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT FUSCHILLO: The
11 bill is passed.
12 SENATOR MEIER: Mr. President.
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Meier.
15 SENATOR MEIER: Would you place a
16 sponsor's star, please, on Calendar Number
17 2153, Senate Print 7642.
18 ACTING PRESIDENT FUSCHILLO: The
19 bill will be starred.
20 THE SECRETARY: Calendar Number
21 2154, by Senator Padavan, Senate Print 7691A,
22 an act to amend the Family Court Act and the
23 Criminal Procedure Law.
24 ACTING PRESIDENT FUSCHILLO: Read
25 the last section.
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5815
1 THE SECRETARY: Section 10. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FUSCHILLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT FUSCHILLO: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 2155, Senator Seward moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 11514 and substitute it
13 for the identical Senate Bill Number 7979,
14 Third Reading Calendar 2155.
15 ACTING PRESIDENT FUSCHILLO:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2155, by Member of the Assembly Lifton,
20 Assembly Print Number 11514, an act relating
21 to increasing availability.
22 ACTING PRESIDENT FUSCHILLO: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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5816
1 ACTING PRESIDENT FUSCHILLO: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT FUSCHILLO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2156, by Senator Libous, Senate Print 7992, an
9 act to amend the Highway Law and the Vehicle
10 and Traffic Law.
11 ACTING PRESIDENT FUSCHILLO: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect on the first of
15 November.
16 ACTING PRESIDENT FUSCHILLO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59. Nays,
20 1. Senator Duane recorded in the negative.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 2157, by Senator Maziarz, Senate Print 8072A,
25 an act to amend the Labor Law.
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1 ACTING PRESIDENT FUSCHILLO: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT FUSCHILLO: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT FUSCHILLO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 2158, by Senator Leibell, Senate Print 8110,
13 an act to amend the Public Authorities Law.
14 ACTING PRESIDENT FUSCHILLO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FUSCHILLO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT FUSCHILLO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2159, Senator Morahan moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 11749 and substitute it
3 for the identical Senate Bill Number 8173,
4 Third Reading Calendar 2159.
5 ACTING PRESIDENT FUSCHILLO:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2159, by the Assembly Committee on Rules,
10 Assembly Print Number 11749, an act to amend
11 the Mental Hygiene Law.
12 ACTING PRESIDENT FUSCHILLO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first of January.
16 ACTING PRESIDENT FUSCHILLO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT FUSCHILLO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 2160, by Senator Golden, Senate Print 8194, an
24 act to amend the Social Services Law.
25 ACTING PRESIDENT FUSCHILLO: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FUSCHILLO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT FUSCHILLO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2161, by Senator Farley, Senate Print 8195, an
12 act to amend the New York State Urban
13 Development Corporation Act.
14 ACTING PRESIDENT FUSCHILLO: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FUSCHILLO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT FUSCHILLO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2162, Senator Maltese moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 11902 and substitute it
3 for the identical Senate Bill Number 8210,
4 Third Reading Calendar 2162.
5 ACTING PRESIDENT FUSCHILLO:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2162, by the Assembly Committee on Rules,
10 Assembly Print Number 11902, an act to amend
11 the Public Health Law.
12 ACTING PRESIDENT FUSCHILLO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FUSCHILLO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT FUSCHILLO: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2164, Senator Fuschillo moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 11933A and substitute it
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1 for the identical Senate Bill Number 8291A,
2 Third Reading Calendar 2164.
3 ACTING PRESIDENT FUSCHILLO:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2164, by the Assembly Committee on Rules,
8 Assembly Bill Number 11933A, an act to amend
9 the Environmental Conservation Law and the
10 Public Authorities Law.
11 ACTING PRESIDENT FUSCHILLO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FUSCHILLO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT FUSCHILLO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2166, by Senator Wright, Senate Print 8316, an
23 act to amend the Public Authorities Law.
24 ACTING PRESIDENT FUSCHILLO: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FUSCHILLO: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT FUSCHILLO:
7 Senator Schneiderman.
8 SENATOR SCHNEIDERMAN:
9 Mr. President, to explain my vote.
10 ACTING PRESIDENT FUSCHILLO:
11 Senator Schneiderman, to explain his vote.
12 SENATOR SCHNEIDERMAN: I'm going
13 to be voting against this bill, because my
14 reading of it is that it essentially
15 authorizes an end to competitive bidding. It
16 takes away the requirement that NYPA comply
17 with state and local competitive bidding and
18 procurement requirements.
19 We have a lot of problems with NYPA
20 already. The Comptroller of the State of the
21 New York, Alan Hevesi, has been extremely
22 critical of their practices. And we're really
23 engaged in this sort of dance back and forth
24 where we're fighting for more openness and
25 transparency with regard to New York's
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1 authorities and with regard, particularly, in
2 the area of energy.
3 And this really furthers the notion
4 and the perception that there's sort of a
5 shadow government out there. The authority
6 really is lacking funds, lacking transparency.
7 And I don't think we need to be passing a bill
8 to end the requirement that it comply with
9 competitive bidding and procurement
10 requirements.
11 So I will be voting in the
12 negative, Mr. President.
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Schneiderman, you will be recorded in
15 the negative.
16 Senator Liz Krueger.
17 SENATOR LIZ KRUEGER: Thank you.
18 To explain my vote.
19 ACTING PRESIDENT FUSCHILLO:
20 Senator Krueger, to explain her vote.
21 SENATOR LIZ KRUEGER: I will also
22 be voting in the negative, and just for the
23 record want to add my concern with this bill
24 says that the New York Power Authority should
25 be taking on responsibility for the purchase
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1 of electricity for state agencies.
2 Well, what we know is that
3 currently the Power for Jobs program is in a
4 situation where, when the analysis has been
5 done, the companies through Power for Jobs who
6 went out into the market and purchased for
7 themselves versus allowing the Power Authority
8 to buy for them, they did better. So the
9 Power Authority actually has a record of doing
10 worse in the market pricewise than individual
11 companies through Power for Jobs.
12 And so I don't think at this point
13 in history we should be encouraging others to
14 work through the New York Power Authority to
15 try to get better prices, because apparently
16 they're not actually very good at that.
17 I hope that in the near future we
18 will be improving the services available
19 through the New York Power Authority because
20 of continuing reforms and transparency. But I
21 also, because of the concerns raised feel,
22 that we should not move this bill at this
23 time.
24 I'll be voting no. Thank you,
25 Mr. President.
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1 ACTING PRESIDENT FUSCHILLO:
2 Senator Krueger will be recorded in the
3 negative.
4 Senator Wright.
5 SENATOR WRIGHT: Thank you,
6 Mr. President, to explain my vote.
7 ACTING PRESIDENT FUSCHILLO:
8 Senator Wright, to explain your vote.
9 SENATOR WRIGHT: What this does
10 is expands the authority that the Power
11 Authority already has and exercises. And
12 under that authority since 1990 the Power
13 Authority has completed more than 1400
14 different energy-efficiency projects for
15 public schools and government buildings across
16 the state, saving in excess of $92 million in
17 energy costs and reducing electricity
18 consumption by 860,000 megawatt hours
19 annually.
20 So it is a significant effort of
21 energy efficiency. We are looking to expand
22 it into additional arenas beyond the public
23 school and municipality areas.
24 Relative to the observation that
25 the Power Authority did not purchase at a
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1 lower price, frankly, that was an anomaly
2 having to do with the markets and the timing
3 of the purchase, not the methodology or manner
4 in which the authority purchases, which
5 consistently has demonstrated savings over the
6 Power for Jobs program life. Which is why so
7 many participants seek admission to the Power
8 for Jobs program.
9 I will be voting aye.
10 ACTING PRESIDENT FUSCHILLO:
11 Senator Wright will be recorded in the
12 affirmative.
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 2166 are
16 Senators Duane, Hannon, Hassell-Thompson,
17 L. Krueger, Parker, Sabini and Schneiderman.
18 Also Senator Connor. Also Senator Serrano.
19 Ayes, 51. Nays, 9.
20 ACTING PRESIDENT FUSCHILLO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 2167, by Senator Balboni, Senate Print 8320,
24 an act to amend the Real Property Tax Law.
25 ACTING PRESIDENT FUSCHILLO: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FUSCHILLO: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT FUSCHILLO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2168, by Senator Morahan, Senate Print 8326A,
12 an act in relation to the determination.
13 ACTING PRESIDENT FUSCHILLO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FUSCHILLO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 2169, by the Senate Committee on Rules, Senate
25 Print 8335, an act to amend Chapter 444 of the
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1 Laws of 1997.
2 ACTING PRESIDENT FUSCHILLO: Read
3 the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FUSCHILLO: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT FUSCHILLO:
10 Senator Krueger, to explain your vote.
11 SENATOR LIZ KRUEGER: Thank you,
12 Mr. President.
13 I'm voting no. Every year that I'm
14 here we say we're going to reform industrial
15 development agencies. We've had report after
16 report. The Comptroller has done audits, the
17 Comptroller has made recommendations, there
18 have been assorted bills that have moved or
19 not moved through either house of this
20 Legislature.
21 We're ending up one more session
22 without doing anything to fix the problems
23 that continue to exist in IDAs throughout the
24 State of New York.
25 And so frankly, in protest, I am
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1 voting no, because I would prefer to see these
2 laws sunset rather than continue to move them
3 forward year after year without dealing with
4 any of the serious problems that we ought to
5 be dealing with.
6 I vote no.
7 ACTING PRESIDENT FUSCHILLO:
8 Senator Krueger will be recorded in the
9 negative.
10 Senator Schneiderman.
11 SENATOR SCHNEIDERMAN: Thank you,
12 Mr. President, to explain my vote.
13 ACTING PRESIDENT FUSCHILLO:
14 Senator Schneiderman, to explain his vote.
15 SENATOR SCHNEIDERMAN: I join
16 with Senator Krueger. It is unfortunate that
17 we're closing the session down without
18 addressing a host of issues. I spoke earlier
19 about gun regulation.
20 But in the area of IDAs, we have a
21 system that's essentially out of control. We
22 do not have a requirement that effectively
23 ensures that IDA benefits are given to firms
24 that are in compliance with state laws. We
25 have firms that are in violation of
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1 environmental quality laws, worker safety
2 laws, that are in violation of fraud laws and
3 continue to receive benefits.
4 We don't have adequate reporting on
5 project costs and benefits. The IDA reports
6 do not include information on payments in lieu
7 of taxes, or PILOTs, the calculation of tax
8 benefits that are provided on a continuous
9 basis, and even the most basic information on
10 jobs created and retained. They're not
11 presented in the annual reports and updated
12 annually.
13 So I will support this legislation,
14 but I think it is unfortunate that since I've
15 been here -- and I've been here a few years
16 longer than Senator Krueger -- we have talked
17 every year about the need to reform and
18 improve IDAs. This year, once again, we're
19 adjourning without acting.
20 Thank you, Mr. President.
21 ACTING PRESIDENT FUSCHILLO:
22 Senator Schneiderman, you will be recorded in
23 the affirmative.
24 Announce the results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 2169 are
2 Senators Duane, L. Krueger, Parker and Spano.
3 Ayes, 56. Nays, 4.
4 ACTING PRESIDENT FUSCHILLO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2170, by Senator Golden, Senate Print 8350A,
8 an act to amend the Urban Development
9 Corporation Act.
10 ACTING PRESIDENT FUSCHILLO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FUSCHILLO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT FUSCHILLO: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 2171, by Senator Fuschillo, Senate Print 8373,
22 an act to amend the General Business Law.
23 ACTING PRESIDENT FUSCHILLO: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the 90th day.
2 ACTING PRESIDENT FUSCHILLO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT FUSCHILLO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2172 --
10 SENATOR SKELOS: Lay it aside for
11 the day.
12 ACTING PRESIDENT FUSCHILLO: The
13 bill is laid aside for the day.
14 THE SECRETARY: Calendar Number
15 2173, by Senator Winner, Senate Print 8375, an
16 act to authorize the Department of Taxation
17 and Finance.
18 ACTING PRESIDENT FUSCHILLO: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FUSCHILLO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT FUSCHILLO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 2174, by Senator Maziarz, Senate Print 8394,
5 an act to amend the Public Authorities Law.
6 ACTING PRESIDENT FUSCHILLO: Read
7 the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect on the 30th day.
10 ACTING PRESIDENT FUSCHILLO: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT FUSCHILLO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 2175 --
18 ACTING PRESIDENT FUSCHILLO:
19 Senator Balboni.
20 SENATOR BALBONI: Please lay it
21 aside for the day.
22 ACTING PRESIDENT FUSCHILLO: The
23 bill is laid aside for the day.
24 THE SECRETARY: Calendar Number
25 2176, by Senator Golden, Senate Print 8400, an
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1 act to amend the Vehicle and Traffic Law.
2 ACTING PRESIDENT FUSCHILLO: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT FUSCHILLO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT FUSCHILLO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2177, by Senator Leibell, Senate Print 8422,
14 an act to amend the Education Law.
15 ACTING PRESIDENT FUSCHILLO: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FUSCHILLO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT FUSCHILLO: The
24 bill is passed.
25 THE SECRETARY: In relation to
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1 Calendar Number 2180, Senator Volker moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 11585 and substitute it
4 for the identical Senate Bill Number 8430,
5 Third Reading Calendar 2180.
6 ACTING PRESIDENT FUSCHILLO:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 2180, by Member of the Assembly Pheffer,
11 Assembly Print Number 11585, an act to amend
12 the Military Law.
13 ACTING PRESIDENT FUSCHILLO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FUSCHILLO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT FUSCHILLO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 2185, Senator Maziarz moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 11893 and substitute it
2 for the identical Senate Bill Number 8456,
3 Third Reading Calendar 2185.
4 ACTING PRESIDENT FUSCHILLO:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2185, by the Assembly Committee on Rules,
9 Assembly Print Number 11893, an act to amend
10 Chapter 62 of the Laws of 2003.
11 ACTING PRESIDENT FUSCHILLO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FUSCHILLO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT FUSCHILLO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 2186, Senator Skelos moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 8370A and substitute it
25 for the identical Senate Bill Number 8457,
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1 Third Reading Calendar 2186.
2 ACTING PRESIDENT FUSCHILLO:
3 Substitution ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 2186, by Member of the Assembly Aubry,
7 Assembly Print Number 8370A, an act to amend
8 the Correction Law and the Executive Law.
9 ACTING PRESIDENT FUSCHILLO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FUSCHILLO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT FUSCHILLO:
17 Senator Skelos.
18 SENATOR SKELOS: If I could
19 explain my vote.
20 This legislation, which has passed
21 the Assembly, will continue to reform and
22 improve Megan's Law. By this legislation, all
23 level of sex offenders will be permitted to
24 have community notification and Level 2 sex
25 offenders will be included on the Internet.
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1 ACTING PRESIDENT FUSCHILLO:
2 Senator Skelos will be recorded in the
3 affirmative.
4 Senator Coppola.
5 SENATOR COPPOLA: Thank you,
6 Mr. President. I rise to explain my vote.
7 ACTING PRESIDENT FUSCHILLO:
8 Senator Coppola, to explain his vote.
9 SENATOR COPPOLA: I'll be
10 supporting this legislation and thank Senator
11 Skelos for bringing it to the floor.
12 I just want to mention, though,
13 that the notification process in the district
14 that I represent, the City of Buffalo and the
15 City of Niagara Falls, is very difficult. The
16 Internet is a very useful way for people to
17 find out where these individuals live in their
18 communities. The one problem, though, that we
19 have with the state's registry is that it asks
20 for personal information to be supplied before
21 individuals can access the information.
22 So I would ask and encourage my
23 colleagues to consider next year that we
24 change this legislation so that personal
25 information from the people who are accessing
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1 these sites does not have to put into these
2 databases before they access the information
3 they're looking for.
4 Thank you, and I vote yes.
5 ACTING PRESIDENT FUSCHILLO:
6 Senator Coppola will be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT FUSCHILLO: The
11 bill is passed.
12 SENATOR BALBONI: Madam
13 President.
14 ACTING PRESIDENT LITTLE: Senator
15 Balboni.
16 SENATOR BALBONI: Yes, could we
17 please return to the Supplemental Calendar
18 Number 61B. We're taking up Calendar 2181.
19 ACTING PRESIDENT LITTLE: The
20 Secretary will read.
21 SENATOR BALBONI: Thank you.
22 THE SECRETARY: Calendar Number
23 2181, by Senator Saland, Senate Print 8431, an
24 act to amend the Penal Law.
25 ACTING PRESIDENT LITTLE: Senator
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1 Balboni.
2 SENATOR BALBONI: Yes, Madam
3 President. I believe there is a message of
4 necessity at the desk.
5 ACTING PRESIDENT LITTLE: There
6 is.
7 SENATOR BALBONI: I would move
8 that we accept the message of necessity.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 All those in favor of accepting the
12 message of necessity say aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT LITTLE:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT LITTLE: The
18 message is accepted.
19 Read the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect on the first of
22 September.
23 ACTING PRESIDENT LITTLE: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT LITTLE: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 2183, by Senator Padavan, Senate Print 8453,
6 an act to authorize the Dormitory Authority.
7 ACTING PRESIDENT LITTLE: Senator
8 Balboni.
9 SENATOR BALBONI: Yes, Madam
10 President. Is there a message of necessity at
11 the desk?
12 ACTING PRESIDENT LITTLE: Yes,
13 there is.
14 SENATOR BALBONI: I would move
15 that we accept the message of necessity.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 All those in favor of accepting the
19 message of necessity signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT LITTLE:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT LITTLE: The
25 message is accepted.
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1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT LITTLE: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT LITTLE: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2184, by Senator Balboni, Senate Print 8454,
12 an act to amend the Public Authorities Law.
13 ACTING PRESIDENT LITTLE: Senator
14 Balboni.
15 SENATOR BALBONI: Madam
16 President, is there a message of necessity at
17 the desk?
18 ACTING PRESIDENT LITTLE: Yes,
19 there is.
20 SENATOR BALBONI: I would move
21 that we accept the message.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 All those in favor of accepting the
25 message of necessity signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT LITTLE: Those
3 opposed, nay.
4 (No response.)
5 ACTING PRESIDENT LITTLE: The
6 message is accepted.
7 Read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the same date and in
10 the same manner as a chapter of the Laws of
11 2006.
12 ACTING PRESIDENT LITTLE: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT LITTLE: The
17 bill is passed.
18 SENATOR BALBONI: Madam
19 President.
20 ACTING PRESIDENT LITTLE: Senator
21 Balboni.
22 SENATOR BALBONI: There will be
23 an immediate meeting of the Finance Committee
24 in the Senate Majority Conference Room.
25 ACTING PRESIDENT LITTLE:
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1 Immediate meeting of the Finance Committee in
2 the Finance Committee in the Majority
3 Conference Room.
4 SENATOR BALBONI: And that
5 meeting will be followed immediately by a
6 meeting of the Rules Committee in the same
7 room.
8 ACTING PRESIDENT LITTLE:
9 Followed immediately by a meeting of the Rules
10 Committee in the Majority Conference Room.
11 SENATOR BALBONI: The Senate
12 stands at ease.
13 ACTING PRESIDENT LITTLE: Thank
14 you. The Senate stands at ease.
15 (Whereupon, the Senate stood at
16 ease at 7:13 p.m.)
17 (Whereupon, the Senate reconvened
18 at 7:51 p.m.)
19 SENATOR BALBONI: Madam
20 President.
21 ACTING PRESIDENT LITTLE:
22 Senator Balboni.
23 SENATOR BALBONI: I'd like to
24 return to reports of standing committees. I
25 believe there's a Rules report at the desk.
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1 ACTING PRESIDENT LITTLE: Reports
2 of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Bruno,
5 from the Committee on Rules, reports the
6 following bills:
7 Senate Print 3591, by Senator
8 Alesi, an act to amend the Education Law;
9 4068A, by Senator LaValle, an act
10 to amend the Mental Hygiene Law;
11 4150B, by Senator Padavan, an act
12 to amend the General Municipal Law;
13 5046A, by the Senate Committee on
14 Rules, an act to amend the Executive Law;
15 6636, by Senator LaValle, an act to
16 amend the General Business Law;
17 6826A, by Senator Volker, an act to
18 amend the Environmental Conservation Law;
19 6938A, by Senator Rath, an act in
20 relation to authorizing;
21 7617A, by Senator Saland, an act to
22 amend the Social Services Law;
23 7941, by Senator Padavan, an act to
24 amend the Public Health Law;
25 8075B, by Senator Marcellino, an
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1 act to amend the Environmental Conservation
2 Law;
3 8089, by Senator Paterson, an act
4 authorizing the City of New York;
5 8107, by Senator Maziarz, an act to
6 amend the Environmental Conservation Law;
7 8256, by Senator Spano, an act
8 requiring;
9 8261, by Senator Morahan, an act to
10 amend the Mental Hygiene Law;
11 8312, by Senator Spano, an act to
12 amend the Public Health Law;
13 8341A, by Senator Hannon, an act to
14 amend the Public Health Law;
15 8352, by Senator Johnson, an act to
16 amend the Insurance Law;
17 8357, by Senator Seward, an act to
18 amend the Insurance Law;
19 8379, by Senator Robach, an act to
20 amend the Public Health Law;
21 8413, by Senator Golden, an act to
22 amend the Public Health Law;
23 8419A, by Senator Leibell, an act
24 to amend the Penal Law;
25 8449, by Senator Golden, an act to
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1 amend the Insurance Law;
2 And Senate Print 8459, by Senator
3 Morahan, an act to amend the Penal Law.
4 All bills ordered direct to third
5 reading.
6 Senator Balboni.
7 SENATOR BALBONI: Yes, Madam
8 President, I move that we accept the report of
9 the Rules Committee.
10 ACTING PRESIDENT LITTLE: All
11 those in favor of accepting the report of the
12 Rules Committee signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT LITTLE:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT LITTLE: The
18 report is accepted.
19 SENATOR BALBONI: Madam
20 President, I believe that there's a Senate
21 Resolution Calendar at the desk. I move that
22 we adopt the calendar.
23 ACTING PRESIDENT LITTLE: All in
24 favor of adopting the Resolution Calendar
25 signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT LITTLE:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT LITTLE: The
6 Resolution Calendar is adopted.
7 SENATOR BALBONI: Madam
8 President, could we stand at ease for a
9 moment, please.
10 ACTING PRESIDENT LITTLE: Yes.
11 The Senate stands at ease.
12 (Whereupon, the Senate stood at
13 ease at 7:54 p.m.)
14 (Whereupon, the Senate reconvened
15 at 7:59 p.m.)
16 SENATOR BALBONI: Madam
17 President, could we please return to
18 Supplemental Calendar 61B, Calendar Number
19 2165, by Senator Breslin. It's no longer
20 high.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2165, by Senator Breslin, Senate Print 8306,
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1 an act to amend the Highway Law.
2 ACTING PRESIDENT LITTLE: Senator
3 Breslin.
4 SENATOR BRESLIN: Is there a
5 message of necessity, Madam President?
6 ACTING PRESIDENT LITTLE: Yes,
7 there is, Senator Breslin.
8 SENATOR BRESLIN: I would have
9 expected that.
10 I move that we accept the message.
11 ACTING PRESIDENT LITTLE: All
12 those in favor of accepting the message of
13 necessity signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT LITTLE: All
16 those opposed, nay.
17 (No response.)
18 ACTING PRESIDENT LITTLE: The
19 message is accepted.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT LITTLE: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT LITTLE: The
3 bill is passed.
4 SENATOR BALBONI: Madam
5 President.
6 ACTING PRESIDENT LITTLE: Senator
7 Balboni.
8 SENATOR BALBONI: Yes, Madam
9 President. Could we please return to reports
10 of standing committees. I believe there's a
11 report of the Finance Committee at the desk.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 Reports of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Johnson,
17 from the Committee on Finance, reports the
18 following nominations.
19 As a member of the New York State
20 Racing and Wagering Board, John B. Simoni, of
21 Charlton.
22 ACTING PRESIDENT LITTLE: Senator
23 Johnson.
24 SENATOR JOHNSON: Move the
25 nomination.
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1 ACTING PRESIDENT LITTLE: Thank
2 you.
3 The question is on the nomination
4 of John B. Simoni, of Charlton, as a member of
5 the New York State Racing and Wagering Board.
6 All in favor signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT LITTLE:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT LITTLE: John B.
12 Simoni, of Charlton is -- before I continue,
13 Senator Farley.
14 SENATOR FARLEY: I just want to
15 say a word about John Simoni, who I've known
16 for I guess close to 30 years.
17 John is eminently qualified. He
18 knows something about racing and wagering,
19 having been a standardbred horse owner. He's
20 been very active as a supervisor in the County
21 of Saratoga. And he's eminently qualified and
22 somebody that is going to make an outstanding
23 member of the Racing and Wagering Board.
24 And I enthusiastically support his
25 nomination.
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1 ACTING PRESIDENT LITTLE: Thank
2 you.
3 John B. Simoni, of Charlton, is
4 hereby confirmed as a member of the New York
5 State Racing and Wagering Board.
6 Congratulations, John.
7 (Applause.)
8 ACTING PRESIDENT LITTLE: The
9 Secretary will read.
10 THE SECRETARY: As a member of
11 the New York State Racing and Wagering Board,
12 Daniel D. Hogan, of Slingerlands.
13 SENATOR HASSELL-THOMPSON: Madam
14 President.
15 ACTING PRESIDENT LITTLE: Senator
16 Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Yes,
18 did we vote on Simoni? That was my question.
19 ACTING PRESIDENT LITTLE: Yes, we
20 did. And then Senator Farley spoke and then
21 we did the confirmation. It was a bit
22 confusing.
23 SENATOR HASSELL-THOMPSON: Fine.
24 Okay. Thank you.
25 ACTING PRESIDENT LITTLE: Thank
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1 you.
2 Senator Johnson.
3 SENATOR JOHNSON: Move the
4 nomination.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Senator Nozzolio.
8 SENATOR NOZZOLIO: Yes, Madam
9 President, on the nomination.
10 I proudly rise in support of this
11 nomination. That Dan Hogan has been a great
12 public servant throughout his career. It's
13 always great to see an alumni of the Senate
14 staff go out and make good, and he certainly
15 has done a lot of that. Great tutelage in
16 local government as well as recently with the
17 Office of General Services.
18 He's coming into a very important
19 position, very important for the economy of
20 our entire state. And that I proudly support
21 this great nomination.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 Senator Balboni.
25 SENATOR BALBONI: Yes, I rise
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1 quickly, because Dan is one of the good guys
2 who's been around here for over two decades.
3 I met him when I first got here.
4 He's one of the guys who's always
5 gotten it. He's always been about public
6 service, it's always about doing the best he
7 can for the State of New York.
8 This is another in a long line of
9 appointments that he has richly deserved. And
10 it's a great nomination on behalf of the
11 Governor.
12 Congratulations, Dan.
13 ACTING PRESIDENT LITTLE: Senator
14 Maziarz.
15 SENATOR MAZIARZ: Thank you very
16 much, Madam President.
17 I rise too, for just a few seconds,
18 because I know everybody is in a hurry to get
19 home.
20 But I couldn't let this pass
21 without saying that Dan, even though he's been
22 in Albany for a long time now, is originally
23 from Niagara County, from a great family with
24 a long history in governmental service in
25 Niagara County.
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1 And he started working in the
2 Senate I think as an intern for my
3 predecessor, John Daly. So I'm going to take
4 a lot of the credit for the great work that
5 Dan's done.
6 He's a great appointment.
7 Thank you, Madam President.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Spano.
11 SENATOR SPANO: Thank you, Madam
12 President.
13 It's my pleasure to join my
14 colleagues in congratulating Dan Hogan and
15 wishing him well as a member of the State
16 Racing and Wagering Board.
17 As the representative of the City
18 of Yonkers, and for all the great things that
19 will be happening at Yonkers Raceway, it's so
20 important for us to have someone who has the
21 sensitivity and the time, the commitment and
22 the advocacy for not only racing in this
23 state, but also as we progress towards this
24 new industry of video lottery terminals all
25 across the State of New York, of someone who
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1 has got a keen eye on taking that industry and
2 moving it forward and at the same time
3 protecting things that are so important like
4 the integrity of racing at Yonkers Raceway and
5 the harness tracks across this state.
6 So he has done an outstanding job
7 in the Office of General Services, has had a
8 great career, is an overall great guy, and is
9 a great listener, and doesn't mind getting his
10 hands dirty and making things happen.
11 It's my pleasure to second his
12 nomination and to enthusiastically support his
13 nomination today.
14 ACTING PRESIDENT LITTLE: Thank
15 you.
16 The question is on the nomination
17 of Daniel D. Hogan, of Slingerlands, for a
18 term as a member of the New York State Racing
19 and Wagering Board. All in favor signify by
20 saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT LITTLE:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT LITTLE: Daniel
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1 D. Hogan is hereby confirmed as a member of
2 the New York State Racing and Wagering Board.
3 Congratulations, Dan.
4 (Applause.)
5 ACTING PRESIDENT LITTLE: The
6 Secretary will read.
7 THE SECRETARY: As a member of
8 the Public Service Commission, Cheryl
9 Ritchko-Buley, of Slingerlands.
10 ACTING PRESIDENT LITTLE: Senator
11 Johnson.
12 SENATOR JOHNSON: Move the
13 nomination.
14 ACTING PRESIDENT LITTLE: Senator
15 Libous.
16 SENATOR LIBOUS: Thank you, Madam
17 President. I just want to comment on this
18 nominee.
19 I said this in committee; I want to
20 say it publicly in front of the whole body. I
21 had the pleasure in the last six months
22 working with Cheryl Buley as working on the
23 Racing and Wagering Board as its chairperson
24 and opening a new park, Cayuga Park, the first
25 time in 30 years in this state that we opened
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1 a new raceway -- racino, as they now call it.
2 And over that period of time, she
3 has been just an outstanding individual to
4 work with, extremely professional, very
5 competent. And every time there was a
6 problem, she personally made sure that I was
7 called back and things moved smoothly.
8 And I just -- I'm going to miss her
9 on the board, but I see that we have two new,
10 very, very competent board members going on
11 the Racing and Wagering Board.
12 And I want to again just applaud
13 the Governor for moving her to the Public
14 Service Commission. And she is just an
15 outstanding nominee.
16 ACTING PRESIDENT LITTLE: Senator
17 Sabini.
18 SENATOR SABINI: Thank you, Madam
19 President. I too want to endorse this
20 nomination.
21 Ms. Buley was there to listen to us
22 speaking for the minority on Racing and
23 Wagering whenever I had a problem or a
24 concern, and I am sure she'll bring the same
25 openness and hard work to the Public Service
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1 Commission.
2 Thank you.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Hannon.
6 SENATOR HANNON: Yes, Madam
7 President. I just want to commend to this
8 body the nomination of Ms. Buley.
9 I think she's done an outstanding
10 job during a turbulent time in regard to
11 racing in this state. And I'm glad that she
12 has accepted the challenge to go to the PSC
13 and deal with the energy and
14 telecommunications policies in the near
15 future.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 The question is on the nomination
19 of Cheryl Ritchko-Buley, of Slingerlands, for
20 a term as a member of the Public Service
21 Commission. All in favor signify by saying
22 aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT LITTLE:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT LITTLE: Cheryl
3 Ritchko-Buley, of Slingerlands, is hereby
4 confirmed as a member of the Public Service
5 Commission.
6 Congratulations, Cheryl.
7 (Applause.)
8 ACTING PRESIDENT LITTLE: The
9 Secretary will read.
10 THE SECRETARY: As a member of
11 the Workers' Compensation Board, Richard A.
12 Bell, of Saratoga Springs.
13 ACTING PRESIDENT LITTLE: Senator
14 Balboni.
15 SENATOR BALBONI: Move the
16 nomination.
17 ACTING PRESIDENT LITTLE: Senator
18 Spano.
19 SENATOR SPANO: Thank you, Madam
20 Chairman.
21 Rick Bell has been a great addition
22 to the Workers' Compensation Board and comes
23 to this board as a commissioner armed with the
24 knowledge and the practical knowledge of the
25 daily operations of the board as well as the
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1 sensitivity to protecting the dignity of
2 injured workers across the state.
3 We are proud of the Governor's
4 nomination, and I'm very pleased to speak in
5 favor of his nomination today.
6 ACTING PRESIDENT LITTLE: Senator
7 Libous.
8 SENATOR LIBOUS: Thank you, Madam
9 President.
10 I want to rise and join my
11 colleague Senator Spano in commenting on Rick
12 Bell's nomination.
13 I think that Rick brings his
14 background to the board, but he has been
15 running the board as executive director for a
16 number of years now. And I think he
17 understands not only the workings of the
18 board, but he also understands the plight of
19 injured workers and certainly the function of
20 being a member of the Workers' Compensation
21 Board.
22 He is an outstanding candidate, he
23 is an outstanding leader, and I just want to
24 join Senator Spano and my colleagues in
25 seconding this nomination.
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1 ACTING PRESIDENT LITTLE: Thank
2 you.
3 The question is on the nomination
4 of Richard A. Bell, of Saratoga Springs, as a
5 member of the Workers' Compensation Board.
6 All those in favor signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT LITTLE:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT LITTLE: Richard
12 A. Bell is hereby confirmed as a member of the
13 Workers' Compensation Board.
14 Congratulations, Rick.
15 (Applause.)
16 SENATOR BALBONI: Madam
17 President.
18 ACTING PRESIDENT LITTLE: Senator
19 Balboni.
20 SENATOR BALBONI: Would you
21 please recognize Senator Breslin.
22 ACTING PRESIDENT LITTLE: Senator
23 Breslin.
24 SENATOR BRESLIN: Thank you,
25 Senator Balboni. Thank you, Madam President.
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1 I've been out of the chamber on
2 Senate business, but had I been here, I would
3 have made remarks about Dan Hogan and his
4 background, experience -- and a lot in this
5 chamber, with Senator John Daly -- as an
6 assistant with Mike Hoblock, his time at OGS,
7 and his ability to communicate with the
8 Legislature and all other areas.
9 And I think it's a wonderful
10 decision by the Governor, and I'm sure he'll
11 continue to make everybody in this body very
12 proud. And he's also my constituent.
13 ACTING PRESIDENT LITTLE: Thank
14 you, Senator.
15 Senator Balboni.
16 SENATOR BALBONI: Madam
17 President, is there any other further business
18 at the desk?
19 ACTING PRESIDENT LITTLE: No,
20 there is not, Senator Balboni.
21 SENATOR BALBONI: In that case I
22 would move that we adjourn until tomorrow
23 morning, Friday, at 10:00 a.m.
24 ACTING PRESIDENT LITTLE: On
25 motion, the Senate stands adjourned until
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1 tomorrow morning, Friday, June 23rd, at
2 10:00 a.m.
3 (Whereupon, at 8:17 p.m., the
4 Senate adjourned.)
5
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