Regular Session - June 23, 2006
5865
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 23, 2006
11 10:10 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910
5866
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 Thursday, June 22, the Senate met pursuant to
18 adjournment. The Journal of Wednesday,
19 June 21, was read and approved. On motion,
20 Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
5867
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Motions and resolutions.
5 Senator Farley.
6 SENATOR FARLEY: Thank you, Madam
7 President.
8 On behalf of Senator Hannon, Madam
9 President, I wish to call up his bill, Senate
10 Print Number 8278A, which is at the desk.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Calendar Number
14 2001, by Senator Hannon, Senate Print 8278A,
15 an act to authorize the Village of Hempstead.
16 THE PRESIDENT: Senator Farley.
17 SENATOR FARLEY: Madam President,
18 I now move to reconsider the vote by which
19 this bill was passed, and I ask that the bill
20 be restored to the order of third reading.
21 THE PRESIDENT: The Secretary
22 will call the roll upon reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 37.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
5868
1 restored to third reading.
2 SENATOR FARLEY: Thank you, Madam
3 President.
4 Madam President, I wish to call up
5 Senator Bruno's bill, Senate Print 8438, which
6 was recalled from the Assembly and it's now at
7 the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 2113, by Senator Bruno, Senate Print 8438, an
12 act to authorize the County of Saratoga.
13 SENATOR FARLEY: Madam President,
14 I now move to reconsider the vote by which
15 this bill passed, and I ask that the bill be
16 restored to the order of third reading.
17 THE PRESIDENT: The Secretary
18 will call the roll upon reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 37.
21 THE PRESIDENT: The bill will be
22 restored to the order of third reading.
23 SENATOR FARLEY: Thank you, Madam
24 President.
25 THE PRESIDENT: Senator Robach.
Candyco Transcription Service, Inc.
(518) 371-8910
5869
1 SENATOR ROBACH: Yes, Madam
2 President. Are there any substitutions at the
3 desk?
4 THE PRESIDENT: Yes, there are,
5 Senator.
6 The Secretary will read.
7 THE SECRETARY: On page 7,
8 Senator Seward moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 9308A
10 and substitute it for the identical Senate
11 Bill Number 6015B, Third Reading Calendar 226.
12 On page 17, Senator Morahan moves
13 to discharge, from the Committee on Finance,
14 Assembly Bill Number 1473 and substitute it
15 for the identical Senate Bill Number 7058,
16 Third Reading Calendar 720.
17 On page 39, Senator Spano moves to
18 discharge, from the Committee on Civil Service
19 and Pensions, Assembly Bill Number 3467 and
20 substitute it for the identical Senate Bill
21 Number 5118, Third Reading Calendar 1459.
22 On page 45, Senator Padavan moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 11945 and substitute it
25 for the identical Senate Bill Number 8381,
Candyco Transcription Service, Inc.
(518) 371-8910
5870
1 Third Reading Calendar 1888.
2 On page 47, Senator Saland moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 6640B and substitute it
5 for the identical Senate Bill Number 7616,
6 Third Reading Calendar 2060.
7 On page 48, Senator Alesi moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 2683 and substitute it
10 for the identical Senate Bill Number 3591,
11 Third Reading Calendar 2187.
12 On page 48, Senator Padavan moves
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 7166B and substitute it
15 for the identical Senate Bill Number 4150B,
16 Third Reading Calendar 2189.
17 On page 48, Senator Volker moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 10113A and substitute it
20 for the identical Senate Bill Number 6826A,
21 Third Reading Calendar 2192.
22 On page 49, Senator Rath moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 10225A and substitute it
25 for the identical Senate Bill Number 6938A,
Candyco Transcription Service, Inc.
(518) 371-8910
5871
1 Third Reading Calendar 2193.
2 On page 49, Senator Saland moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 11055A and substitute it
5 for the identical Senate Bill Number 7617A,
6 Third Reading Calendar 2194.
7 On page 49, Senator Padavan moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 11341 and substitute it
10 for the identical Senate Bill Number 7941,
11 Third Reading Calendar 2195.
12 On page 49, Senator Paterson moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 10492 and substitute it
15 for the identical Senate Bill Number 8089,
16 Third Reading Calendar 2197.
17 On page 49, Senator Spano moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 11842 and substitute it
20 for the identical Senate Bill Number 8256,
21 Third Reading Calendar 2199.
22 On page 49, Senator Morahan moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 9593B and substitute it
25 for the identical Senate Bill Number 8261,
Candyco Transcription Service, Inc.
(518) 371-8910
5872
1 Third Reading Calendar 2200.
2 On page 49, Senator Spano moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 9902B and substitute it
5 for the identical Senate Bill Number 8312,
6 Third Reading Calendar 2201.
7 On page 49, Senator Hannon moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 8761A and substitute it
10 for the identical Senate Bill Number 8341A,
11 Third Reading Calendar 2202.
12 On page 50, Senator Seward moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 11401 and substitute it
15 for the identical Senate Bill Number 8357,
16 Third Reading Calendar 2204.
17 On page 50, Senator Robach moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 11883 and substitute it
20 for the identical Senate Bill Number 8379,
21 Third Reading Calendar 2205.
22 And on page 50, Senator Leibell
23 moves to discharge, from the Committee on
24 Rules, Assembly Bill Number 7975A and
25 substitute it for the identical Senate Bill
Candyco Transcription Service, Inc.
(518) 371-8910
5873
1 Number 8419A, Third Reading Calendar 2207.
2 THE PRESIDENT: Substitutions
3 ordered.
4 Senator Robach.
5 SENATOR ROBACH: Yes, Madam
6 President. Can we go to the noncontroversial
7 reading of the calendar, please.
8 THE PRESIDENT: We can, and we
9 will.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 226, substituted earlier by Member of the
13 Assembly Morelle, Assembly Print Number 9308A,
14 an act to amend the Insurance 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, 41.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 388, by Member of the Assembly Brodsky,
Candyco Transcription Service, Inc.
(518) 371-8910
5874
1 Assembly Print Number 8544B, an act to amend
2 the Public Authorities Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 5. This
6 act shall take effect on the first of July.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 41.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 720, substituted earlier by Member of the
14 Assembly Dinowitz, Assembly Print Number 1473,
15 an act to amend the Executive Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 41.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
5875
1 902, by Senator DeFrancisco, Senate Print
2 5529A, an act to amend the Criminal Procedure
3 Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 41.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1167, by Senator LaValle, Senate Print 1633B,
15 an act to amend the Tax Law.
16 THE PRESIDENT: There is a local
17 fiscal impact note at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of July.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 42.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
5876
1 THE SECRETARY: Calendar Number
2 1236, by Senator --
3 SENATOR HASSELL-THOMPSON: Lay it
4 aside.
5 THE PRESIDENT: The bill is laid
6 aside.
7 THE SECRETARY: Calendar Number
8 1290, by Senator Farley, Senate Print 7526B,
9 an act to amend the Banking 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 SECRETARY: Ayes, 44.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1353, by Senator Hannon, Senate Print 7494A,
21 an act to amend the Public Health Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
5877
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 44.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1459, substituted earlier today by Member of
8 the Assembly Brodsky, Assembly Print Number
9 3467, an act to amend the Civil Service Law.
10 THE PRESIDENT: There is a local
11 fiscal impact note at the desk.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 30th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 44.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1574, by Senator LaValle, Senate Print 7613A,
22 an act creating the Task Force on Quality
23 Assurance in Anesthesia.
24 THE PRESIDENT: Read the last
25 section.
Candyco Transcription Service, Inc.
(518) 371-8910
5878
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, 42. Nays,
6 2. Senators Robach and Young recorded in the
7 negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1624, by Senator Seward, Senate Print 4650A,
12 an act creating the Canadarago Lake Protection
13 and Improvement District.
14 THE PRESIDENT: There is a
15 home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 16. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 44.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1744, by Member of the Assembly Silver,
Candyco Transcription Service, Inc.
(518) 371-8910
5879
1 Assembly Print Number 11255A, an act to amend
2 the General Municipal Law and others.
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, 44.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1888, substituted earlier today by the
14 Assembly Committee on Rules, Assembly Print
15 Number 11945, an act to amend the Education
16 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 PRESIDENT: Senator Krueger,
24 to explain your vote.
25 SENATOR LIZ KRUEGER: Madam
Candyco Transcription Service, Inc.
(518) 371-8910
5880
1 President, I would respectfully request to be
2 excused from voting on 1888 because I have a
3 pecuniary interest in this calendar.
4 SENATOR ROBACH: Without
5 objection, Madam President.
6 THE PRESIDENT: You will be
7 recorded as abstaining from voting, Senator.
8 SENATOR LIZ KRUEGER: Thank you,
9 Madam President.
10 THE PRESIDENT: Senator Robach,
11 without objection.
12 The Secretary will announce the
13 results.
14 THE SECRETARY: In relation to
15 Calendar Number 1888: Ayes, 45.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1996, by Senator Morahan, Senate Print 8264A,
20 an act to authorize the Greenwood Lake Union
21 Free School District to file.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
5881
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 46.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 2003, by Senator DeFrancisco, Senate Print
8 8282, an act to amend the General Municipal
9 Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 5. This
13 act shall take effect on the 180th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 46.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 2040, by Senator Flanagan, Senate Print 8317,
21 an act to amend the Election Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
5882
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE PRESIDENT: Senator Krueger,
4 to explain your vote.
5 SENATOR LIZ KRUEGER: Thank you,
6 Madam President.
7 Well, I understand what the Senator
8 was trying to do with this bill, which is to
9 open up for inspection a board of elections
10 and their authorized agents to look at the
11 proprietary software within voting machines.
12 This is not a same-as bill with the
13 Assembly. The Assembly has passed a bill,
14 A11641, that I believe much more clearly and
15 concisely and directly addresses the problem.
16 And while I believe it is the
17 intention of Senator Flanagan in this bill to
18 try to address the same concern, I do not
19 think that his bill does meet that standard.
20 And I am sorry that we are not instead passing
21 a same-as bill today with the Assembly.
22 And so because I think this is
23 technically flawed, I will be voting no.
24 Thank you, Madam President.
25 THE PRESIDENT: And you will be
Candyco Transcription Service, Inc.
(518) 371-8910
5883
1 recorded as voting in the negative, Senator.
2 The Secretary will announce the
3 results.
4 THE SECRETARY: Ayes, 45. Nays,
5 2. Senators L. Krueger and Sabini recorded in
6 the negative.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 2041, by Member of the Assembly Abbate,
11 Assembly Print Number 11674, an act to amend
12 the Civil Service Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 47.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 2060, substituted earlier today by Member of
24 the Assembly Paulin, Assembly Print Number
25 6640B, an act to amend the Education Law.
Candyco Transcription Service, Inc.
(518) 371-8910
5884
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of
5 September.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 47.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 2084, by Senator Hannon, Senate Print 4621, an
13 act to amend the Education 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, 47.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 2107, by Senator Saland, Senate Print 8407, an
25 act authorizing the City of Hudson.
Candyco Transcription Service, Inc.
(518) 371-8910
5885
1 THE PRESIDENT: There is a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 47.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 2143, by Senator Bruno, Senate Print 8444, an
13 act to amend the Environmental Conservation
14 Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 47.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 2178, by Senator Leibell, Senate Print 8426,
Candyco Transcription Service, Inc.
(518) 371-8910
5886
1 an act to amend the Public Authorities Law --
2 SENATOR SCHNEIDERMAN: Lay it
3 aside.
4 THE PRESIDENT: The bill is laid
5 aside.
6 THE SECRETARY: Calendar Number
7 2179, by Senator Golden, Senate Print 8428, an
8 act to amend the Administrative Code of the
9 City of New York.
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, 49.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 2182, by Senator Little, Senate Print 8436, an
21 act to amend the Criminal Procedure Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
5887
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 48. Nays,
4 1. Senator Duane recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 2187, substituted earlier today by Member of
9 the Assembly Morelle, Assembly Print Number
10 2683, an act to amend the Education Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 49.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 2188, by Senator LaValle, Senate Print 4068A,
22 an act to amend the Mental Hygiene Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(518) 371-8910
5888
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, 49.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 2189, substituted earlier today by Member of
9 the Assembly Grannis, Assembly Print Number
10 7166B, an act to amend the General Municipal
11 Law and others.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 7. This
15 act shall take effect on the 120th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 48. Nays,
19 1. Senator Little recorded in the negative.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 2191, by Senator LaValle, Senate Print 6636,
24 an act to amend the General Business Law.
25 THE PRESIDENT: Read the last
Candyco Transcription Service, Inc.
(518) 371-8910
5889
1 section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 SENATOR ROBACH: Lay it aside
7 temporarily.
8 THE PRESIDENT: The bill is laid
9 aside temporarily.
10 THE SECRETARY: Calendar Number
11 2192, substituted earlier today by Member of
12 the Assembly DelMonte, Assembly Print Number
13 10113A, an act to amend the Environmental
14 Conservation Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 49.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 2193, substituted earlier today by Member of
Candyco Transcription Service, Inc.
(518) 371-8910
5890
1 the Assembly Schimminger, Assembly Print
2 Number 10225A, an act in relation to
3 authorizing.
4 THE PRESIDENT: There is a
5 home-rule message at the desk.
6 Read the last 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, 49.
12 THE PRESIDENT: The bill is
13 passed.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2194, substituted earlier today by Member of
17 the Assembly Paulin, Assembly Print Number
18 11055A, an act to amend the Social Services
19 Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 120th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
5891
1 THE SECRETARY: Ayes, 49.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 2195, substituted earlier today by Member of
6 the Assembly Grannis, Assembly Print Number
7 11341, an 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 immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 49.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 2197, substituted earlier today by Member of
19 the Assembly Farrell, Assembly Print Number
20 10492, an act authorizing the City of New York
21 to reconvey its interest.
22 THE PRESIDENT: There is a
23 home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
5892
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 49.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 2199, substituted earlier today by the
9 Assembly Committee on Rules, Assembly Print
10 Number 11842, an act requiring the Transplant
11 Council to complete a study.
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, 51.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 2200, substituted earlier today by Member of
23 the Assembly Rivera, Assembly Print Number
24 9593B, an act to amend the Mental Hygiene Law.
25 ACTING PRESIDENT MEIER: Read the
Candyco Transcription Service, Inc.
(518) 371-8910
5893
1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first of April.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 51.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 2101, substituted earlier today by Member of
12 the Assembly Latimer, Assembly Print Number
13 9902B, an act to amend the Public Health Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 53.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 2202, substituted earlier today by the
Candyco Transcription Service, Inc.
(518) 371-8910
5894
1 Assembly Committee on Rules, Assembly Print
2 Number 8761B, an act to amend the Public
3 Health Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 2203, by Senator Johnson, Senate Print 8352,
16 an act to amend the Insurance Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the first of January
21 next succeeding.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.
Candyco Transcription Service, Inc.
(518) 371-8910
5895
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 2204, substituted earlier today by Member of
5 the Assembly Grannis, Assembly Print Number
6 11401, an act to amend the Insurance Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 53.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 2205, substituted earlier today by the
19 Assembly Committee on Rules, Assembly Print
20 Number 11883, an act to amend the Public
21 Health Law and the Vehicle and Traffic Law.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect on the 180th day.
Candyco Transcription Service, Inc.
(518) 371-8910
5896
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 53.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 2206, by Senator Golden, Senate Print 8413, an
9 act to amend the Public Health Law.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 54.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 2207, substituted earlier today by Member of
22 the Assembly Galef, Assembly Print Number
23 7975A, an act to amend the Penal Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
Candyco Transcription Service, Inc.
(518) 371-8910
5897
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 54.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 2208, by Senator Golden --
11 SENATOR ROBACH: Lay it aside
12 temporarily.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside temporarily.
15 Senator Robach, that completes the
16 noncontroversial reading of the calendar.
17 Senator Robach.
18 SENATOR ROBACH: Mr. President,
19 if you could alert the members to come to the
20 chamber. Ring the bell, so we can begin the
21 controversial reading of the calendar,
22 starting with Calendar Number 1236, by Senator
23 Saland.
24 ACTING PRESIDENT MEIER: The
25 Secretary will ring the bell.
Candyco Transcription Service, Inc.
(518) 371-8910
5898
1 Members are asked to come to the
2 chamber and take their seat for the
3 controversial reading of the calendar.
4 The Secretary will read the
5 controversial calendar, beginning with
6 Calendar 1236.
7 SENATOR SCHNEIDERMAN:
8 Explanation.
9 ACTING PRESIDENT MEIER: Senator
10 Saland, Senator Schneiderman has requested an
11 explanation of 1236.
12 But before you do that, maybe we
13 could have just a little order in the house.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1236, by Senator Saland, Senate Print 7921B,
17 an act to amend the Environmental Conservation
18 Law.
19 SENATOR SALAND: Thank you,
20 Mr. President.
21 Mr. President, this is a bill which
22 is intended to deal with the issue of testing
23 of private wells in those circumstances in
24 which there may be the possibility or
25 likelihood that they may be contaminated in a
Candyco Transcription Service, Inc.
(518) 371-8910
5899
1 fashion which might not ordinarily be
2 demonstrated on the routine -- what I'll term
3 routine test that is required by most lending
4 institutions.
5 Those tests generally will serve
6 for purposes of detecting any number of
7 problems, particularly if it relates to
8 E. coli or nitrates, cost perhaps $40 to $50,
9 and are commonly provided for in either
10 contract law or in fact merely required by the
11 lending institution.
12 There are, however, a group of
13 contaminants which are not generally indicated
14 on those types of tests, and those
15 contaminants generally are the result of some
16 type of industrial pollution, perhaps some
17 type of pollution by reason of proximity to a
18 gasoline station -- MTBE, PCEs, TCEs and a
19 host of other of these types of contaminants
20 which, again, would not show.
21 What this bill proposes to do is to
22 say that there are certain areas which at
23 first blush you would think would be
24 critically important to have testing of wells
25 for those very contaminants. And this bill
Candyco Transcription Service, Inc.
(518) 371-8910
5900
1 says if you're in the vicinity of a Superfund
2 site, you would be required to have your well
3 tested. And when you had your well tested,
4 there would be a state fund that would
5 reimburse you, an existing fund in which
6 there's some $15 million. You would make
7 application to that fund for reimbursement.
8 In other circumstances where there
9 might be mandatory well testing, those
10 circumstances would occur when the Development
11 of Health and the Department of Environmental
12 Conservation determined that a particular area
13 was at risk healthwise. They would make a
14 recommendation to the local governing body,
15 the local going body would then make a
16 determination as to whether or not they wanted
17 to adopt mandatory well testing for a specific
18 area within a county or perhaps an entire
19 county. But again, that would be a local
20 matter.
21 Were that to occur, that too would
22 be a reimbursable expense. That expense would
23 be reimbursed by way of an offset from the
24 transfer tax. These tests occur generally on
25 transfer of property. And on the transfer tax
Candyco Transcription Service, Inc.
(518) 371-8910
5901
1 on the sale, there would be an offset.
2 In all other instances, these tests
3 would be at the option of the purchaser. And
4 if in fact the purchaser opted to have this
5 test, again, the seller, on the transfer of
6 property, would have the ability to offset, by
7 way of a tax credit, an amount to be
8 determined as reasonable by the Department of
9 Health.
10 These tests, based on the
11 New Jersey experience, run anywhere from $400
12 to $600. New Jersey is the only state in the
13 union that requires mandatory well testing.
14 And to date their experience has been that
15 some 1 percent of the wells have the kinds of
16 unique contaminants that are sought to be
17 tested under this bill.
18 And while some 8 percent of the
19 wells are contaminated based on their
20 experience, what they've determined is 7 of
21 those 8 percent are the types of contaminants
22 that picked up, again, on what I term the
23 routine tests required by your lending
24 institution or which you will generally
25 contract for.
Candyco Transcription Service, Inc.
(518) 371-8910
5902
1 In the State of New York there are
2 in excess of 800,000 private residents that
3 are being served by wells. If we extrapolate
4 New Jersey's experience to New York's
5 experience -- and certainly I would think,
6 given the nature of New Jersey and the intense
7 industrial development in certain areas, it's
8 likely that they may well have higher rates of
9 contamination than even in New York -- we're
10 talking about maybe 8,000 homes in New York
11 having a problem that would warrant this
12 additional, more sophisticated, targeted
13 testing. Even if we double it, triple it,
14 quadruple it, quintuple it, we're talking
15 20,000, 30,000, 40,000 homes, perhaps, out of,
16 again, 800,000 homes.
17 So this is a targeted effort.
18 There's an education component that requires
19 the Department of Health really to, in effect,
20 engage in a public health information effort
21 to educate the general public about the
22 importance of this testing. There is a
23 provision that requires all tests to be done
24 by certified labs, certified labs to report
25 the results to the Department of Health so
Candyco Transcription Service, Inc.
(518) 371-8910
5903
1 there's a database to determine where in fact
2 these contaminated wells may be.
3 And what the bill also provides is
4 that this database will be certainly
5 maintained and would become the source for,
6 should the occasion arise, a determination as
7 to the need of any additional mandatory well
8 testing.
9 The bill also provides a disclosure
10 mechanism. In contracts, there -- as you will
11 recall, we passed several years ago a bill
12 that requires contract disclosure with regard
13 to certain conditions of a home. This bill
14 adds to those contract conditions, requiring
15 disclosure of certain information with regard
16 to your well -- whether you've had it tested,
17 if there were any contaminants, what those
18 contaminants were, and several other questions
19 that are provided.
20 The downside is people can, in
21 effect, buy out of that disclosure by paying
22 $500. That is not an uncommon practice. What
23 we therefore do is we also provide that if in
24 fact a seller fails to disclose that they had
25 a test or fails to disclose the result of that
Candyco Transcription Service, Inc.
(518) 371-8910
5904
1 test, the purchaser has the ability to seek
2 damages and rescission, therefore avoiding the
3 legal doctrine of a contract merging into a
4 deed and leaving a purchaser often at the
5 mercy of a system which may not respond to
6 their legitimate concerns.
7 Mr. President, that is perhaps a
8 not-too-brief explanation of the bill.
9 ACTING PRESIDENT MEIER: Senator
10 Schneiderman.
11 SENATOR SCHNEIDERMAN: Thank you,
12 Mr. President.
13 Senator Onorato suggested I ask for
14 a more detailed explanation. However, I will
15 pass on that request.
16 I think that there are two
17 fundamental problems that I have with this
18 bill. And I'd like to speak on the bill,
19 Mr. President.
20 ACTING PRESIDENT MEIER: Senator
21 Schneiderman, on the bill.
22 SENATOR SCHNEIDERMAN: The first
23 problem is that the Assembly has passed a more
24 comprehensive bill unanimously --
25 unanimously -- Assembly A6459, sponsored by
Candyco Transcription Service, Inc.
(518) 371-8910
5905
1 Assemblyman Thomas DiNapoli. And that bill
2 has broader provisions than this bill. What
3 that means is we're walking away with this
4 year with nothing on the testing of well water
5 because the bills don't match up.
6 I would urge my colleagues that if
7 we have time -- and I think we do have time --
8 we should pass a Senate version of Assemblyman
9 DiNapoli's bill.
10 The critical distinction -- this is
11 my second problem with the bill -- between the
12 Assembly version and Senator Saland's version
13 is found on page 2 of Senator Saland's bill,
14 which provides that the department, and this
15 is the Department of Environmental
16 Conservation, in consultation with the
17 Department of Health, may, pursuant to a
18 finding that there is not a health threat --
19 it's not clear what that means -- exclude or
20 limit by geographic area or geologic formation
21 some areas of the state.
22 Now, what that means is that unlike
23 New Jersey, there are areas of the state where
24 there will be no requirement that well water
25 will be tested. And we know from our
Candyco Transcription Service, Inc.
(518) 371-8910
5906
1 experience and we know from the experience in
2 New Jersey that in some cases there are
3 contaminated wells even surrounded by other
4 areas where the water is pristine.
5 Why is that? Because there's been
6 illegal dumping of chemicals for hundreds of
7 years in this state, decades, going back into
8 the 19th century. There are people who have
9 dumped things like fiberglass, petrochemicals,
10 trichloroethylene. Those are the sorts of
11 things that have showed up in New Jersey. And
12 there's a substantial portion -- Senator
13 Saland noted that it's a small portion of the
14 wells that are contaminated, but even one
15 contaminated well can be deadly.
16 So I view this as something like
17 mandatory seat belt laws. Is it a burden?
18 Yes. You know, if you're driving two blocks,
19 who wants to do it? Is it something that does
20 save lives when you make it apply to everyone?
21 Absolutely. There's no question that the
22 record in New Jersey reflects that there are
23 some wells that are likely to be in areas that
24 the department in New York State would find
25 don't constitute health threats because
Candyco Transcription Service, Inc.
(518) 371-8910
5907
1 they're surrounded by areas where the water is
2 clean.
3 We have to require that every well
4 be tested. There are microenvironments in our
5 state where there has been very, very specific
6 dumping in a very small area. In fact, if you
7 look at the history of this -- and we know
8 this from litigation concerning some of this
9 dumping. The most famous one was a book and
10 then a movie, A Civil Action. But this goes
11 on all over the place.
12 If you have a particular service
13 station or a particular facility -- and this
14 could be a service station that was operating
15 in 1920 and shut down -- they may have dumped
16 chemicals in a particular spot and then
17 development goes on, a subdivision gets built.
18 There's no way to tell that a particular home
19 is in danger of chemical poisons, long-term
20 damage, unless you test every home.
21 So, ladies and gentlemen, I would
22 suggest that we vote against this one-house
23 bill. Let's get a bill that would pass the
24 Assembly. We have a great model in A6459.
25 Let's test all the well water. Because it may
Candyco Transcription Service, Inc.
(518) 371-8910
5908
1 not be a large number of people who are
2 injured or who die for our failure to test
3 every well, but if one child dies, if one
4 senior citizen is injured, that's too much.
5 In the State of New York we should
6 not do less than the State of New Jersey. We
7 should do more. We have an even more diverse
8 array of chemicals that have been dumped here
9 because of our great industrial tradition,
10 again, dating back into the nineteenth
11 century. Let's take that extra step and not
12 pass a bill that includes this vague mandate
13 allowing exclusion of large geographic areas
14 or geologic formations.
15 So I would encourage a no vote,
16 Mr. President, in the hope that we will be
17 able to come up with a water-testing bill. I
18 suspect we will be back here again this year.
19 Let's get something done that we can pass both
20 houses, make a law, protect the citizens of
21 this state from dangerous contaminated well
22 water.
23 Mr. President, thank you.
24 SENATOR SALAND: On the bill,
25 Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
5909
1 ACTING PRESIDENT MEIER: Senator
2 Saland, on the bill.
3 SENATOR SALAND: At the risk of
4 raining on Senator Schneiderman's parade, the
5 exclusion language is comparable to language
6 in the Assembly bill. If you look at the
7 Assembly bill, you will see there is a similar
8 carve-out. So perhaps you will want to talk
9 to the Assembly about getting that out of
10 their bill as well.
11 The analogy of seat belts to a
12 mandated cost I think is a little on the weak
13 side. The seat belt law requires you to take
14 an action. To require some 750,000 to 800,000
15 homeowners to spend anywhere from $400 to $600
16 is not quite the same as reaching across,
17 bringing a lap belt and sliding it into your
18 receiving end.
19 So I just stand to make those
20 points. Thank you very much.
21 ACTING PRESIDENT MEIER: Senator
22 Bonacic.
23 SENATOR BONACIC: Will the
24 sponsor yield for a couple of questions.
25 ACTING PRESIDENT MEIER: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
5910
1 Saland, will you yield for a question from
2 Senator Bonacic?
3 SENATOR SALAND: Yes.
4 ACTING PRESIDENT MEIER: The
5 sponsor yields.
6 SENATOR BONACIC: Steve, I know
7 that when you get a mortgage, the mortgagee
8 requires that the well be tested. And most
9 attorneys doing real estate have that
10 provision if they represent a buyer.
11 Now, in the tests that you envision
12 under this legislation, could you talk in
13 differences in cost. Because the first test,
14 is the water drinkable, as opposed to what the
15 test will be under this legislation, is it
16 different?
17 SENATOR SALAND: Generally the
18 test that you're talking about is a potability
19 test and also a volume test, is the well
20 returning so many gallons per minute. That is
21 what I referred to as the routine or
22 garden-variety required test, $40 to $50.
23 There is then a menu of other tests
24 you can have that will really be keyed in on
25 different types of potential contaminants.
Candyco Transcription Service, Inc.
(518) 371-8910
5911
1 New Jersey's experience has been
2 that depending upon what you choose, the costs
3 can be anywhere from $400 to $600. I've seen
4 others saying as much as $300 to $500.
5 What this bill would say would be
6 that you have the option, the purchaser has
7 the option -- if it's not in the mandated
8 area, if you're not in the vicinity of a
9 Superfund site or if your local county
10 governing entity, in conjunction or with the
11 recommendation of DOH and DEC, has not chosen
12 to indicate a mandated area, the buyer will
13 have the option of requesting additional
14 testing above and beyond what I've termed the
15 routine test.
16 If the buyer does that, the seller
17 gets an offset from the transfer tax on
18 closing for the cost of that test, based upon
19 a predetermined amount as fixed by the
20 Department of Health.
21 SENATOR BONACIC: Will the
22 sponsor continue to yield.
23 ACTING PRESIDENT MEIER: Senator
24 Saland?
25 SENATOR SALAND: Yes,
Candyco Transcription Service, Inc.
(518) 371-8910
5912
1 Mr. President.
2 ACTING PRESIDENT MEIER: The
3 sponsor yields.
4 SENATOR BONACIC: Is the power
5 with the Department of Health and the DEC to
6 talk about the area? Will they have the sole
7 determination of the area that will -- they'll
8 say might be at risk that requires higher
9 testing? Or will there be public hearings --
10 SENATOR SALAND: Under --
11 under -- that would be up to the local county.
12 Under existing law, counties do
13 have the ability to make a determination as to
14 whether or not they wish to declare an area to
15 be one that requires additional well testing.
16 What we are doing is bringing in
17 the expertise of the State Department of
18 Health and State DEC, but still leaving the
19 decision with the local county governing
20 agency. If they want to give that function to
21 the Department of Health, that's well within
22 their authority to do so. I would assume it
23 would be a process in which there would be
24 public input. And I would assume there will
25 be some type of hearing mechanism that they
Candyco Transcription Service, Inc.
(518) 371-8910
5913
1 would adopt to do that.
2 SENATOR BONACIC: Thank you.
3 On the bill.
4 ACTING PRESIDENT MEIER: Senator
5 Bonacic, on the bill.
6 SENATOR BONACIC: I always get
7 nervous when the DEC and the Department of
8 Health are involved, to the extent that they
9 say remedial action has to be done.
10 I'm concerned for two reasons. One
11 is timely replies. Because in the real estate
12 market, a lot of transactions are
13 time-sensitive. And if you're involved with
14 agencies and there's delays, that in itself
15 could hurt real estate deals, just terminating
16 because of timeliness. Because a lot of these
17 contracts are conditioned on closing by a
18 certain date, where time is of the essence.
19 So I could see a process -- and by
20 the way, I'm going to support your bill. I'm
21 just expressing concerns.
22 The second thing that I have a
23 problem with is to the degree of remediation
24 that may be required that a seller may not be
25 able to afford.
Candyco Transcription Service, Inc.
(518) 371-8910
5914
1 Right now the real estate market
2 has been working pretty good in terms of the
3 seller and buyer deciding the degree of
4 remediation in order to close. When you get
5 these superagencies involved, I believe the
6 degree of remediation will be deeper, more
7 expensive, and perhaps not only terminate the
8 real estate deal but put a scar on that seller
9 for tremendous expenses of remediation and
10 having much more difficulty in the future of
11 selling that property.
12 I understand what you're trying to
13 do, I support you, and I'm going to vote for
14 the bill. But I just wanted to express my
15 concerns.
16 And I thank you, Senator Saland.
17 ACTING PRESIDENT MEIER: Senator
18 Morahan.
19 SENATOR MORAHAN: Thank you,
20 Mr. President. Will the sponsor yield?
21 ACTING PRESIDENT MEIER: Senator
22 Saland, will you yield?
23 SENATOR SALAND: Yes,
24 Mr. President.
25 ACTING PRESIDENT MEIER: The
Candyco Transcription Service, Inc.
(518) 371-8910
5915
1 sponsor yields.
2 SENATOR MORAHAN: I just have two
3 simple questions outside the legal realm of
4 discussion here.
5 Number one, as I understand it, if
6 this is -- if the purchaser wants to have the
7 well tested and it's not tested by closing
8 date, what happens? Does the -- I know the
9 seller will have to --
10 SENATOR SALAND: I don't view
11 that as a problem. I mean, this is a
12 ministerial function. The same way you would
13 test for your bank currently --
14 SENATOR MORAHAN: So the
15 assumption is --
16 SENATOR SALAND: It's just
17 another test that will be conducted, and will
18 be conducted in a fashion that comports with
19 the closing date.
20 If you sign a contract on the first
21 of June for a closing on the first of August,
22 there's ample time to do all this testing. So
23 it will not impair the ability to close
24 timely.
25 SENATOR MORAHAN: Will the
Candyco Transcription Service, Inc.
(518) 371-8910
5916
1 sponsor continue to yield.
2 ACTING PRESIDENT MEIER: Senator
3 Saland?
4 SENATOR SALAND: Yes,
5 Mr. President.
6 ACTING PRESIDENT MEIER: The
7 sponsor yields.
8 SENATOR MORAHAN: I guess I'm
9 trying to understand. I understand that
10 portion of it. But if, for whatever reason,
11 the well is not tested by closing date, will
12 the closing continue to occur?
13 SENATOR SALAND: I would think
14 that if it was a condition of the closing,
15 that it would not. But I think you're
16 creating a scenario that's impossible to
17 attain.
18 You know, I've handled probably
19 hundreds of closings when I was practicing
20 actively. It's a routine test. It's done in
21 a matter of days, and it's never an impediment
22 to the closing. The only time there is a
23 problem is if the test shows some problem with
24 the well, and then you make an effort to
25 remediate.
Candyco Transcription Service, Inc.
(518) 371-8910
5917
1 SENATOR MORAHAN: Thank you. I
2 have not done closings other than participated
3 in those for my own purchases.
4 The other question is -- and I
5 believe it's contained in your bill, I just
6 want to get it on the record -- that a local
7 municipality or county can regulate this issue
8 on their own. For example, Rockland County
9 has a local law that requires that the well be
10 tested prior to sale.
11 SENATOR SALAND: This would not
12 impact Rockland County's existing law.
13 There's no effort here to supersede Rockland
14 County's existing law. It would remain in
15 effect under this bill.
16 SENATOR MORAHAN: Thank you.
17 Thank you, Mr. President. Thank you to the
18 sponsor.
19 ACTING PRESIDENT MEIER: Any
20 other Senator wish to be heard on the bill?
21 Debate is closed, then.
22 The Secretary will ring the bell.
23 Members are asked to return to the
24 chamber for a vote.
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
5918
1 THE SECRETARY: Section 8. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MEIER: Announce
7 the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 1236 are
10 Senator Andrews, Breslin, Connor, Coppola,
11 DeFrancisco, Diaz, Duane, Gonzalez,
12 Hassell-Thompson, Klein, L. Krueger, Little,
13 Onorato, Oppenheimer, Paterson, Sampson,
14 Savino, Schneiderman, Serrano, A. Smith,
15 M. Smith, Stachowski and Stavisky.
16 Those Senators absent from voting:
17 Senators Dilan, C. Kruger and Parker.
18 Ayes, 34. Nays, 23.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: Calendar Number
24 2178, by Senator Leibell, Senate Print 8426,
25 an act to amend the Public Authorities Law and
Candyco Transcription Service, Inc.
(518) 371-8910
5919
1 others.
2 SENATOR HASSELL-THOMPSON:
3 Explanation.
4 ACTING PRESIDENT MEIER: Senator
5 Leibell, an explanation has been requested
6 with regard to Calendar 2178.
7 SENATOR LEIBELL: Thank you,
8 Mr. President.
9 ACTING PRESIDENT MEIER: First,
10 before you do that, could we have some order
11 in the chamber, please.
12 Senator Leibell.
13 SENATOR LEIBELL: Thank you.
14 As we all know, last year we passed
15 a far-reaching piece of legislation that
16 attempted to, and I think successfully, bring
17 reform to the area of the public authorities.
18 That was an effort that, when we went through
19 it at that time, we knew it was incomplete and
20 we stated that on the record.
21 We waited for the Governor's
22 commission, Commissioner Millstein's report to
23 come out, at the same time that the Senate --
24 Senator Smith, myself, Assemblyman Brodsky, we
25 were conducting an additional public hearing.
Candyco Transcription Service, Inc.
(518) 371-8910
5920
1 At which point Mr. Millstein, the State
2 Comptroller came forth and testified.
3 First, let me note that we
4 continued to work with the Assembly. I want
5 to thank Senator Smith because we have worked
6 very closely on this over the last many
7 months. Also, Senator Bruno for his help and
8 support.
9 And we have in front of us today
10 legislation which I believe continues with
11 this process of reform, to attempt to give us
12 accountability, to let the people of our great
13 state know what our authorities are doing,
14 authorities which have meant so much to us
15 historically.
16 As I look at this bill in front of
17 us, candidly, I have to say that -- the
18 commission, under Ira Millstein, came forward
19 with their suggestions, as well as the
20 Executive -- and I have to say that what I
21 bring before you today, with Senator Smith, is
22 in most respects I think quite superior and
23 attempts to, as I said, continue with this
24 process of reform.
25 What we have attempted to do here
Candyco Transcription Service, Inc.
(518) 371-8910
5921
1 is to lay out some additional recommendations.
2 And I'll try and be specific as to what the
3 bill does. It would expressly outline the
4 powers, duties and independence of the
5 Authority Budget Office, the ABO that was
6 created last year, placing it under the
7 independent purview of the Public Authorities
8 Control Board.
9 Hopefully this will provide
10 improved compliance, accountability,
11 transparency, efficiency and effectiveness.
12 It would provide for improved board membership
13 screening standards and processes.
14 The bill would further expand the
15 governmental and public reporting requirements
16 of state and local public authorities; would
17 require public authority board members to
18 acknowledge that they understand their
19 fiduciary duties; require audit and governance
20 committee members to possess the skills
21 necessary to carry out the duties and
22 functions of such committees; would require
23 public authorities that issue debt to
24 establish a finance committee to make
25 recommendations for oversight of the same;
Candyco Transcription Service, Inc.
(518) 371-8910
5922
1 establish a uniform fiscal year for public
2 authorities, urban renewal agencies and
3 certain others specifically designated as
4 July 1st, unless they can prove that it is not
5 in that entity's best interest; and require
6 that all subsidiaries of public authorities be
7 created by an act of this State Legislature.
8 As I said, I think in doing this we
9 will have gone and taken a major step forward
10 in this continuing process of reform of our
11 public authorities.
12 SENATOR LIZ KRUEGER: Mr.
13 President.
14 ACTING PRESIDENT MEIER: I'm
15 sorry, Senator Krueger, you were
16 uncharacteristically unobtrusive.
17 Senator Liz Krueger.
18 SENATOR LIZ KRUEGER: Now, was
19 that a compliment, Mr. President?
20 ACTING PRESIDENT MEIER: That was
21 a sincerely meant compliment.
22 SENATOR LIZ KRUEGER: Thank you,
23 Mr. President. If the sponsor would please
24 yield.
25 ACTING PRESIDENT MEIER: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
5923
1 Leibell, do you yield for a question from
2 Senator Krueger?
3 SENATOR LEIBELL: Yes.
4 SENATOR LIZ KRUEGER: Thank you.
5 I appreciate the explanation and
6 overall support your bill, Senator. I think
7 it is another step forward for us in trying to
8 reform public authorities and protect the
9 public by ensuring that we don't have renegade
10 public authorities without reasonable
11 oversight and rules and ethics.
12 My one question is, I read the bill
13 carefully and I held it up against the
14 Millstein Commission report -- and you
15 referenced that commission report -- and it is
16 not clear to me that this bill explicitly says
17 that paid, registered lobbyists should not be
18 on the boards of public authorities, whether
19 or not they are paid to be on those public
20 authorities.
21 So I was wondering if you could
22 show me -- either clarify for me that it is in
23 your bill or explain to me why it's not in the
24 bill.
25 SENATOR LEIBELL: Fine.
Candyco Transcription Service, Inc.
(518) 371-8910
5924
1 I want to again say that I think
2 that the Millstein Commission did an excellent
3 job. This was a great deal of work. And I
4 want to compliment also the Executive, because
5 he brought in Ira Millstein, who I think most
6 of us know is, in terms of corporate
7 governance, the leading authority not only in
8 this country but probably worldwide. So we're
9 very grateful for the work they've done.
10 And the issue you bring up is one
11 that we have talked about and considered and
12 tried to figure out the best way to approach
13 it.
14 What we attempted to do was in our
15 bill, in Section 12, we have provided for a
16 process to be established by regulation of the
17 Authority Budget Office for the screening of
18 proposed directors. And this was an important
19 issue, as you noted, in the Millstein report.
20 You're correct that the statute
21 does not expressly spell out the regulation.
22 And such is the very nature of providing
23 regulatory authority, it should be noted that
24 any such regulation pursuant to this bill must
25 be approved by the PACB, which is basically
Candyco Transcription Service, Inc.
(518) 371-8910
5925
1 the Majority Leader, the Speaker and the
2 Governor. And I think what we've tried to do,
3 as we do in providing regulatory authority in
4 so many other areas, is to give that entity
5 the ability to screen, to look at, to examine
6 and to make a determination within that
7 authority whether that individual has a
8 conflict or should not be there.
9 Now, if we were to find at a
10 subsequent time that that does not work, we're
11 going to be back here reviewing that issue
12 again.
13 SENATOR LIZ KRUEGER: Thank you.
14 Mr. President, on the bill.
15 ACTING PRESIDENT MEIER: Senator
16 Liz Krueger, on the bill.
17 SENATOR LIZ KRUEGER: Thank you.
18 I want to thank the sponsor for his
19 explanation and for his work on the bill, as I
20 want to thank my colleague Senator Ada Smith,
21 who's his cosponsor on the bill.
22 Again, overall, I am very pleased
23 with this bill. The one place where I must
24 respectfully disagree with my colleagues is
25 that when I read the Millstein report, when I
Candyco Transcription Service, Inc.
(518) 371-8910
5926
1 continue, as we all do, to read the stories of
2 scandals around the country -- not of paid,
3 registered lobbyists existing; there's a very
4 strong reason to have lobbyists who are
5 experts in their field who represent the
6 interests of their clients.
7 My objection is that because, by
8 definition, they represent the interest of
9 their clients, they are, quote, in a
10 legitimate, valuable way paid guns for their
11 clients. That there is a reason, because of
12 that, and because of the stories that have
13 come out around the country -- certainly, most
14 famously, the Abramoff scandal in Washington
15 that continues -- there is a strong argument
16 that we need to pass a law that explicitly
17 says if you're a registered lobbyist you
18 cannot serve on a public authority board.
19 And I believe, again, taking it
20 simply from the Millstein report, that since
21 we have a law now that says paid directors of
22 public authorities in New York have to be
23 subject to both Sections 73 and 74 of the
24 Public Officers Law, which would actually then
25 exclude paid, registered lobbyists, that we
Candyco Transcription Service, Inc.
(518) 371-8910
5927
1 need to expand that to include unpaid board
2 members of public authorities under those same
3 sections. Right now they are only subject to
4 Section 74 of the Public Officers Law.
5 So I believe it would be simple to
6 resolve this. Simply, as I believe the
7 commission recommends, change Section 73 of
8 the Public Officers Law so that you could not
9 be a paid or an unpaid officer of a public
10 authority if you are a registered lobbyist.
11 And that's the technical story.
12 The untechnical story -- and I think you
13 probably don't disagree with me, but I want to
14 just say it on the record -- is, again, I have
15 no problem with people being lobbyists. I
16 have no problem with having people being paid
17 or even paid well to be lobbyists. The
18 problem with putting them on public authority
19 boards is by definition, I believe, there's an
20 inherent conflict of interest with
21 representing independently the interests of
22 the public as an appointee of the government.
23 So I've been asked privately, Well,
24 you think it would be a problem if they were
25 on the board of an industry that they're
Candyco Transcription Service, Inc.
(518) 371-8910
5928
1 representing in front of the board, and I've
2 said, yes, that would distinctly be a problem.
3 I voted no against a specific
4 nominee here last week -- maybe it was this
5 week. The days flow together -- a gentleman
6 named Joseph Strasburg to continue on the
7 board of the SONYMA authority. He is a paid
8 lobbyist for the real estate industry. I
9 don't believe he should be on the board of a
10 housing financing agency because I think, by
11 definition, it's an inherent conflict. No
12 disrespect to that individual or the skills he
13 brings to his job as a paid lobbyist.
14 But I would have the same problem
15 even if it was a different industry and, say,
16 you were on the board of a housing agency but
17 you were technically a lobbyist for the
18 healthcare industry.
19 And here's why I think that's an
20 inherent conflict. Because of course we know
21 that many lobbyists in this town work for
22 lobbying companies who represent many clients.
23 Right? Probably most of them do,
24 statistically. And so even if you're a
25 lobbyist for the healthcare industry and you'd
Candyco Transcription Service, Inc.
(518) 371-8910
5929
1 be nominated to sit on a board that might deal
2 with racing and wagering or housing or workers
3 or almost any other imaginable public
4 authority, the conflict for me is still there
5 because the people you work with daily may be
6 representing the industry that's coming before
7 you.
8 The people who may be your partners
9 in that lobbying firm may be representing
10 interests that would come before you at the
11 public authority. And, frankly, your
12 decisions might in fact affect your bottom
13 line in your payment as a partner in a company
14 and how much they made or did not make that
15 year.
16 So again, I think that this is an
17 opportunity to explicitly clarify in the law
18 that if you are a paid, registered lobbyist
19 you should not be allowed to be paid or unpaid
20 as a public authority board member.
21 I think that -- I won't speak for
22 you -- I think that most people in this room
23 would probably agree with me that they would
24 like to do it. I'm sorry it's not in the
25 bill.
Candyco Transcription Service, Inc.
(518) 371-8910
5930
1 I will vote for your bill. But I
2 wanted to clarify this on the record because
3 hopefully there are more opportunities to fix
4 this, perhaps not this session, but to make
5 sure that we don't lose track of what I
6 believe is a very important issue in public
7 authorities reform.
8 Thank you, Mr. President. I vote
9 yes.
10 ACTING PRESIDENT MEIER: Senator
11 Leibell.
12 SENATOR LEIBELL: If I can just
13 respond briefly.
14 And I don't think we're that far
15 apart on this issue, to be honest with you,
16 because I think it is also an issue of
17 concern.
18 The regulation, regulations will be
19 able to specifically state for any authority
20 that a lobbyist would not be eligible. These
21 authorities would be able to do that.
22 My concern is that when we put this
23 into statute, we may lose some very talented
24 person who's out there and really doesn't have
25 a conflict and is a type of lobbyist who's not
Candyco Transcription Service, Inc.
(518) 371-8910
5931
1 really what we would envision as a normal
2 lobbyist.
3 So it may come to the point where,
4 yes, we have to come back, as I noted, and
5 consider this again. However, I think under
6 this bill there is sufficient authority to
7 address the issue that you have raised.
8 And if there's not, I have an idea
9 we're going to know very quickly and then
10 we're going to come back and address it in a
11 different way.
12 ACTING PRESIDENT MEIER: Senator
13 Ada Smith.
14 SENATOR ADA SMITH: Thank you,
15 Mr. President.
16 Once again this year I have the
17 opportunity to rise and to thank Senator
18 Leibell for his cooperative spirit and for
19 allowing this conference to participate in
20 what is landmark legislation.
21 As we continue to improve upon what
22 we started last year, I also want to thank
23 Senator Bruno for allowing us to participate,
24 and for Senator Leibell being so considerate
25 of the views of the Senate Minority.
Candyco Transcription Service, Inc.
(518) 371-8910
5932
1 And he is a pleasure to work with.
2 I thank him, and I thank his staff. And I
3 look forward to next year being able to go
4 even further than we have gone this year.
5 ACTING PRESIDENT MEIER: Does any
6 other Senator wish to be heard on the bill?
7 Debate is closed, then.
8 The Secretary will ring the bell.
9 Members are asked to return to the
10 chamber for a vote.
11 Read the last section.
12 THE SECRETARY: Section 20. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MEIER: Senator
18 Leibell, to explain his vote.
19 SENATOR LEIBELL: Thank you,
20 Mr. President.
21 This Legislature over the last
22 couple of years was confronted with some very
23 serious questions concerning the public
24 authorities in the State of New York.
25 We have worked with the Executive,
Candyco Transcription Service, Inc.
(518) 371-8910
5933
1 we have worked with the State Comptroller, we
2 have worked with the Attorney General, we have
3 worked together as partners. As Senator Smith
4 noted, this has been a complete partnership
5 between the Majority and Minority as we have
6 attempted to address this problem.
7 I think we have made great strides
8 together. We have made very significant
9 improvements. There's no question, and I'll
10 state it again, I believe there will be more
11 work that will have to be done in the future.
12 But I think that we can all leave
13 here very well satisfied that we have
14 collectively done a very good job in reforming
15 these authorities which have played such a
16 significant part in the history of this great
17 state and undoubtedly will in the future of
18 this state.
19 So thank you, Mr. President. I
20 support this legislation.
21 ACTING PRESIDENT MEIER: Senator
22 Leibell will be recorded in the affirmative.
23 Senator Gonzalez, to explain his
24 vote.
25 SENATOR GONZALEZ: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
5934
1 Mr. President.
2 I want to thank Senator Ada Smith
3 and Senator Leibell on the work they've done;
4 also Senator Bruno.
5 As you said, that it's a
6 partnership. And you are exemplary in that
7 partnership, and we can do a lot of things
8 together. So I vote aye and thank you very
9 much again.
10 ACTING PRESIDENT MEIER: Senator
11 Gonzalez will be recorded in the affirmative.
12 Senator Farley, to explain his
13 vote.
14 SENATOR FARLEY: Mr. President,
15 thank you very much.
16 I just want to rise and salute
17 Senator Leibell on this. You know that last
18 year, that was the first corporations and
19 authorities reform that has been here that has
20 been done by this Legislature in decades and
21 decades and decades. And it was a major piece
22 of legislation.
23 And as he promised, they're going
24 to tweak it and make it better. And this is
25 just another example of the Legislature doing
Candyco Transcription Service, Inc.
(518) 371-8910
5935
1 something that people thought we could never
2 do.
3 And I salute Senator Leibell and
4 the entire committee. Thank you.
5 ACTING PRESIDENT MEIER: Senator
6 Farley will be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: In relation to
9 Calendar Number 2178, those Senators absent
10 from voting: Senators Dilan and C. Kruger.
11 Ayes, 58. Nays, 0.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 2191, by Senator LaValle, Senate Print 6636,
16 an act to amend the General Business Law.
17 SENATOR HASSELL-THOMPSON:
18 Explanation.
19 ACTING PRESIDENT MEIER: Senator
20 LaValle, an explanation has been requested of
21 Calendar 2191.
22 SENATOR LaVALLE: Thank you,
23 Mr. President.
24 This legislation in various forms
25 has been before this body on a few occasions,
Candyco Transcription Service, Inc.
(518) 371-8910
5936
1 has gone to the Governor and the Governor has
2 vetoed it. But I believe that things have
3 changed since the last time this bill has been
4 on the floor.
5 This is no doubt, in particular if
6 you live in downstate New York, that for some
7 bizarre reason the price of gasoline can be 20
8 to 30 cents higher than upstate. You could
9 pay $2.83, $2.90 in the upstate region and pay
10 anywhere from $3.17 to $3.36 on Long Island.
11 And the reason -- you reach for a
12 rationale. Why? Why is this? Is it
13 transportation costs? You query people, they
14 say no, not really. What we have seen, and I
15 think everyone is aware of it, is greater
16 consolidation of companies. We now have Mobil
17 Exxon. The amount of competition is being
18 reduced. The power and strength of these
19 companies is enormous in the marketplace, and
20 they will use their strength and advantage to
21 get whatever they can get from the consumer.
22 This legislation before us deals
23 with the relationship between the company and
24 the franchisee. I don't think we realize that
25 over our lifetimes, when we had far greater
Candyco Transcription Service, Inc.
(518) 371-8910
5937
1 number of independently owned stations, the
2 advantage, the competition, the service that
3 we got from the independent service station.
4 Today they are dwindling. But
5 those that are here and have a franchise
6 agreement with the company -- and I've said
7 this over and over again on the floor -- is a
8 master-servant relationship. You would ask
9 yourself why would someone even enter into an
10 agreement. But the great American dream is to
11 own your own business, to be happy doing what
12 you want to do. But the company has great
13 control.
14 We, in this legislation, make an
15 attempt to give the franchisee some leeway.
16 The legislation talks about the distances that
17 new company-owned stores can locate next to an
18 operating retail station. In cities with a
19 population greater or equal to 1 million, it's
20 one mile. Counties with a population greater
21 than 900,000 not wholly contained within a
22 city, 1.5 miles. And all other counties,
23 2 miles.
24 There are some exceptions to the
25 distance limitations: where a retail service
Candyco Transcription Service, Inc.
(518) 371-8910
5938
1 station is to be located on the opposite side
2 of a divided highway, where there exists a
3 natural physical barrier, such as a body of
4 water, and where a retail station is to be
5 located on property owned by the state.
6 The importance of this -- and we've
7 talked about this in prior legislation on this
8 floor -- is to ensure that the terms and
9 conditions that are entered into do not
10 control the price and the volume of gasoline
11 that must be sold during a particular period
12 of time. And so what we're trying to do is to
13 ensure that the franchisee can compete.
14 And this is the only way we can go
15 at it with the big companies -- the
16 ExxonMobil, Shell -- to ensure that those
17 independent agents can continue to operate in
18 a way where they can be competitive and not be
19 told and to have their prices set and the
20 amount of volume of gasoline established.
21 I think the time has come to ensure
22 that there is some competition in the
23 marketplace. As you would imagine, the
24 independent stations support this legislation;
25 the major companies oppose it. So if we
Candyco Transcription Service, Inc.
(518) 371-8910
5939
1 believe in competition, a vote in the
2 affirmative is the correct vote.
3 ACTING PRESIDENT MEIER: Senator
4 Connor.
5 SENATOR CONNOR: Thank you,
6 Mr. President. Would Senator LaValle yield
7 for a question.
8 ACTING PRESIDENT MEIER: Senator
9 LaValle, do you yield?
10 SENATOR LaVALLE: Yes.
11 ACTING PRESIDENT MEIER: The
12 sponsor yields.
13 SENATOR CONNOR: Thank you,
14 Mr. President.
15 Mr. President, the Governor vetoed
16 similar -- almost identical, but similar
17 legislation in 2002 and I believe, as I read
18 it, in 2004 vetoed identical legislation.
19 And I appreciate -- I listened
20 carefully to Senator LaValle's remarks, and he
21 said since the Governor vetoed it in 2004
22 circumstances have changed. My question,
23 Mr. President, is since the Governor vetoed
24 the bill in 2004, has the bill changed as it's
25 before us now?
Candyco Transcription Service, Inc.
(518) 371-8910
5940
1 SENATOR LaVALLE: Very little if
2 any, Senator.
3 But what the circumstances -- the
4 Governor, in his veto, was relying on the
5 Consumer Protection Board and things that the
6 Consumer Protection Board, he had hoped, would
7 do in terms of education and also involvement
8 in any unfair practices by the companies.
9 And I can tell you that I have
10 interacted with the Consumer Protection Board
11 in terms of their being more aggressive. And
12 quite honestly, you see what the situation is.
13 It is what it is. And nothing that the
14 Governor talked about has happened in terms of
15 pressure or any other prior legislation that
16 has passed in the intervening years.
17 SENATOR CONNOR: Thank you.
18 On the bill, Mr. President.
19 ACTING PRESIDENT MEIER: Senator
20 Connor, on the bill.
21 SENATOR CONNOR: Mr. President,
22 this bill creates an interesting cast of
23 opponents here. On the one hand are the
24 greedy, gouging, big oil companies, and on the
25 other hand the gouging -- and some have been
Candyco Transcription Service, Inc.
(518) 371-8910
5941
1 proven to be price-gougers, or at least
2 charged by the Attorney General -- independent
3 or franchise operating service station
4 attendants.
5 You may all have seen in the
6 headlines a while back a gas station singled
7 out -- that's I believe a franchise-holder
8 there, it's not a company-operated station --
9 near the Manhattan Bridge in Brooklyn. I'm
10 tempted to say in my district, but I think
11 actually it's in Senator Montgomery's district
12 by a couple of blocks. It was charging $4 and
13 some cents a gallon a while back, and people
14 started picketing him, were outraged, and he
15 lowered the price.
16 Why was he charging that,
17 Mr. President? Well, you know, he's the only
18 gas station within a mile or a mile and a
19 half, and it's right where you get on the
20 Brooklyn-Queens Expressway, or get off, if
21 like you need gas and you're on E, and right
22 where you get on or get off the Manhattan
23 Bridge.
24 If you've ever been -- and it
25 happens to me a lot, given my district. If
Candyco Transcription Service, Inc.
(518) 371-8910
5942
1 all of a sudden that little thing goes off and
2 you're out of gas and you're in Manhattan, and
3 I think my Manhattan colleagues will confirm
4 this, you immediately think, jeez, where is
5 there a gas station? There aren't that many.
6 And in Manhattan you pay the highest prices
7 for gasoline anywhere. They rip you off when
8 you find a gas station.
9 There was an article about a year
10 ago about a gas station in Lower Manhattan,
11 the only gas station I believe left in Lower
12 Manhattan for a couple of miles around. It
13 was charging -- before the recent escalation
14 in prices, it was charging 75 cents more a
15 gallon than anywhere else.
16 Now, okay, so we have opponents
17 here. We have the large oil companies that
18 want to make more money -- and Lord knows
19 they're drowning in money, if not in
20 petroleum -- and the service station owners,
21 and I haven't seen recently a lot of them
22 filing for bankruptcy.
23 What is the answer here? We're all
24 concerned about the high prices of gasoline.
25 We all want to bring them down. We passed --
Candyco Transcription Service, Inc.
(518) 371-8910
5943
1 we tried, as little as a state government as
2 we could do, we tried with the gasoline tax
3 recently.
4 But I know one answer. And maybe
5 I'm just a conservative Democrat -- I've never
6 been accused of that -- but my economics
7 courses taught me that the answer to high
8 prices is more competition, not less
9 competition. And I'm surprised to see coming
10 from the Republican Majority in this house
11 every two years this bill that would protect
12 certain gasoline stations from competition,
13 even while we're saying why are prices so
14 high.
15 And if having another gas station
16 open a quarter of a mile away means the
17 existing franchise-holder has competition,
18 well, good business practice says figure out
19 if you can lower your prices a couple of cents
20 a gallon, and people will drive into your
21 station and not the one a quarter of a mile
22 down the road. Word gets around.
23 And believe me today,
24 Mr. President, people are shopping for
25 gasoline prices far more than they ever did.
Candyco Transcription Service, Inc.
(518) 371-8910
5944
1 And it's quite understandable.
2 Why is this bill anti-competitive?
3 Now, I know it's masked in the -- it looks
4 like it's, oh, we're trying to preserve
5 competition for the poor franchise-holders.
6 Well, you know, we dealt with fair practices
7 in this business when we adopted Chapter 74 of
8 2004, the New York Motor Fuels Marketing
9 Practices Act, which promotes competition and
10 make the predatory, discriminatory pricing
11 rebates and practices unlawful. And they're
12 unlawful, I believe, in the context of
13 franchising as well.
14 And how big is this problem? Are
15 the ravenous large oil companies -- well, the
16 one oil company I think with the most -- the
17 most company-owned service stations in
18 New York State is ExxonMobil. But it only
19 constitutes 6 or 7 percent of the ExxonMobil
20 stations you see. 93 percent of them are
21 owned by a franchisee.
22 So I don't think it's a major
23 problem in terms -- and there are laws that
24 forbid predatory activities by the franchisor,
25 by the large oil companies, going way back.
Candyco Transcription Service, Inc.
(518) 371-8910
5945
1 We all heard about in this school. The
2 Sherman Antitrust Act, as early as 1890. The
3 Clayton Antitrust Act, 1914. Federal Trade
4 Commission Act, 1914 -- all prohibit the kind
5 of predatory actives that one might fear when
6 the large oil companies are going to come into
7 a competitive situation with one of their
8 franchisees.
9 We have a state law, the Donnelly
10 Act, 1893. It prohibits price fixing, bid
11 rigging, monopolization, boycotts, typing
12 arrangements, territorial and customer
13 allocations, among other practices. It has
14 fines of up to a million dollars for
15 corporations, $100,000 for individuals. It
16 allows a private right of action, very
17 important, a private right of action to enjoin
18 these actions, with treble damages. And it
19 has a felony violation, also punishable by a
20 million-dollar fine, $100,000 in -- a million
21 dollars for corporations, $100,000 for an
22 individual, and four years in prison. We've
23 protected the competitive marketplace as best
24 we can.
25 This bill would eliminate
Candyco Transcription Service, Inc.
(518) 371-8910
5946
1 competition. It would let someone like that
2 guy by the Manhattan Bridge keep out a large
3 oil company -- i.e., ExxonMobil; I think it's
4 a Mobil station -- from locating a few blocks
5 away and charging competitive prices.
6 I understand why service station
7 operators like to be the only game in town.
8 You know, there's no businessperson, when
9 you've got your own business, who wouldn't say
10 forget the theory of competition, I'd like to
11 have a monopoly right here. I'd like to be
12 the only candy store in my neighborhood.
13 Because you know why? I can make a few cents
14 more on every candy bar, and people want to
15 eat candy, they got to come to my candy store.
16 I don't want a candy store up the street
17 underselling me.
18 But our whole market economy
19 depends on competition. And this would
20 prevent competition. So how can we
21 seriously -- and I'm a Democrat saying this.
22 I'd like to hear from some of my colleagues in
23 the other party. How can you seriously say
24 that an anticompetitive measure -- that you're
25 concerned about gasoline prices, you're
Candyco Transcription Service, Inc.
(518) 371-8910
5947
1 concerned, you're concerned enough to repeal a
2 tax, and yet you want to eliminate competition
3 and pray that prices will come down.
4 Any real economist, any real
5 business expert will tell you, you want prices
6 to come down, you create competition and the
7 market, the market will adjust. Competition
8 will get, through the marketplace, the lowest
9 conceivable price at a profit for any good,
10 whether it's -- any goods or services, whether
11 it's gasoline or widgets.
12 So I'm opposed to this bill. And,
13 you know, when we debated it two years ago, my
14 opposition was much more theoretical about
15 anticompetitive practices. And four years ago
16 it was even more theoretical.
17 You look at today's gasoline prices
18 and you want to protect service station owners
19 from having any competition nearby? Under the
20 guise that, oh, the big bad oil companies can
21 squeeze their own franchisees who constitute
22 93 percent of their business in New York?
23 And by the way, Mr. President, a
24 large oil company that does not currently have
25 franchisees in New York State can come in and
Candyco Transcription Service, Inc.
(518) 371-8910
5948
1 locate anywhere. They're somehow exempt from
2 this.
3 Now, maybe that's good, because
4 we'd like to get more in for competition. But
5 keeping out the ones who already do business
6 in New York makes absolutely no sense, no
7 sense whatsoever. It will only protect the
8 profits of those who are already getting the
9 enormous profits.
10 I'm opposed to this bill,
11 Mr. President.
12 ACTING PRESIDENT MEIER: Senator
13 Padavan.
14 SENATOR PADAVAN: Thank you,
15 Mr. President.
16 Senator Connor, I think you missed
17 something that you can observe, as I observe
18 it, every time we ride down the Thruway. Most
19 of them are ExxonMobil. And you will notice
20 that at different places, the prices vary.
21 And by the way, substantially less everywhere
22 than they are in our city. But they vary.
23 Now, do you know why that's so?
24 Because in their franchise agreement with the
25 Thruway Authority they are required to
Candyco Transcription Service, Inc.
(518) 371-8910
5949
1 maintain a pricing level with the general
2 pricing level of that particular area of the
3 state they're in. They're required to do it.
4 Would they do it on their own?
5 Probably not. But that's the deal they enter
6 into to be able to have an ExxonMobil station
7 on the Thruway.
8 So you do have to somehow force
9 these people to be competitive. In that
10 instance, you could do it by virtue of the
11 contract, the franchise and so on.
12 Now, when I go to my district and
13 I'm on one end of it, in Flushing, and I look
14 at a Mobil station and I'm on the other end of
15 it, on the border of Nassau, the prices are
16 the same. They're the same. Very high, I
17 might add, but they're the same.
18 Which tells me in a very practical
19 way that whether they are independent owners
20 or whether they're owned by a large
21 conglomerate that has a number of stations,
22 they're fixing the prices. They're fixing the
23 prices. And there is no competition among
24 them.
25 Now, what Senator LaValle is
Candyco Transcription Service, Inc.
(518) 371-8910
5950
1 saying, as you just pointed out in your final
2 remarks, yeah, any other company can come in,
3 any other brand, and that will be competition
4 with ExxonMobil. But when you rely upon that
5 one entity to provide competition among its
6 retail outlets, you're kidding yourself. It's
7 not going to happen. It isn't happening. The
8 proof is in what you see every day.
9 Now, this bill isn't going to solve
10 all the problems, but I think it certainly
11 moves in the right direction of seeing that
12 they don't dominate a whole area, that other
13 kinds of retailers from other firms will be in
14 that vicinity and perhaps provide a
15 competition that does not currently exist.
16 ACTING PRESIDENT MEIER: Senator
17 Volker.
18 SENATOR VOLKER: Mr. President,
19 what is kind of comical -- I know what you're
20 saying, Marty, and I'm generally for
21 competition.
22 But when you're talking about
23 Manhattan, there's some reasons why the
24 Manhattan gas prices are as high as they are.
25 It's no secret that cities -- and New York has
Candyco Transcription Service, Inc.
(518) 371-8910
5951
1 got more regulations, more fees, more
2 everything than anyplace in the United States
3 of America. And frankly, most of the cities
4 do that. It's one reason why gas is higher,
5 why a lot of things are higher.
6 But there's something I have to
7 tell you. You see this memo here? You're on
8 the side of ExxonMobil and all the other
9 companies who are claiming exactly what you're
10 saying. But the only thing is they're
11 claiming the reverse of what you're saying.
12 They're saying that this bill will hurt them
13 and that therefore it will raise prices.
14 Well, you know, if it raises
15 prices, as you said, that's supposedly in
16 favor of the oil companies. So why would they
17 be opposed to raising prices and making more
18 money? The answer is this is all nonsense.
19 In many ways -- and by the way, I
20 have represented local service stations. I
21 think every time I had them sign a contract, I
22 gave them the same advice: Don't sign this
23 contract, it's a lousy contract, it's
24 ridiculous, da-da-da-da-da-da. But if you
25 have to sign it, sign it, and we'll do the
Candyco Transcription Service, Inc.
(518) 371-8910
5952
1 best we can.
2 Because if you ever read these
3 franchise contracts, they're so loaded on the
4 side of the company, it's just -- it's
5 idiotic. But there's not much you can do,
6 because they -- thanks in part to our own bad
7 practices, because we're the ones that throw
8 gasoline and oil companies out of this country
9 with our ridiculous environmental stuff. And
10 we don't have -- the big thing is we don't
11 have any new refineries. Put about five
12 refineries in this country, and the price will
13 plunge. But unfortunately, that's not going
14 to happen. We haven't built a refinery in
15 this country in twenty years.
16 Anyways, the bottom line is I don't
17 see where this bill does any damage. In fact,
18 I used to, as chairman of Energy, I'd be
19 opposed to this sort of thing. But then I
20 realized it really doesn't matter to price,
21 it's all a matter of dealing with the major
22 oil companies who, very honestly, have a
23 tremendous advantage.
24 What Senator LaValle is doing here
25 is something that in normal business is not a
Candyco Transcription Service, Inc.
(518) 371-8910
5953
1 good idea except that the way the system is
2 right now, they have all the advantages
3 anyway. And this bill, actually all it does
4 is give certain people -- that is, individuals
5 in an area -- the ability to deal with
6 other -- with big company stations.
7 But I have to tell you one thing.
8 Nobody in the oil business thinks this is a
9 good idea, because actually it works against
10 their best interests. So if you think this
11 helps the oil companies, you're absolutely
12 wrong.
13 ACTING PRESIDENT MEIER: Senator
14 Larkin.
15 SENATOR LARKIN: Thank you,
16 Mr. President.
17 I was really amazed at Senator
18 Connor's comment about what we're going to do
19 is to kill the industry. The industry was
20 killed in part because his side of the aisle
21 and in the other house, they don't want to
22 build refineries. We don't have any
23 refineries.
24 But when you talk about the number
25 of stations on, last September, Labor Day
Candyco Transcription Service, Inc.
(518) 371-8910
5954
1 weekend, I surveyed 35 gas stations. And what
2 did I find out? All the DBs that bought gas,
3 they bought it in Wappinger Falls. They had
4 14 stations. They told them: We will sell
5 you a hundred thousand gallons of gas, you'll
6 have a certified check. And by the way, this
7 is the price as of 1:00 p.m. this afternoon
8 for every station.
9 I did it to 35 stations, and I got
10 the same answer. I got it from Hess, I got it
11 from DB, I got it from Mobil, I got it from
12 Exxon, Amoco. They're in cahoots. And my
13 good friend Mr. Klein will say: We've got to
14 get somebody to look at it. So I did. We
15 have an Attorney General who has that
16 responsibility. And after two months
17 response, it came back signed by an attorney
18 in New York City, who probably couldn't find
19 Vails Gate, and said we've already done 35
20 investigations, and we're suing them and we're
21 doing this and we're doing that.
22 Guess what? Hasn't done any in my
23 area, because I went back to those 35 stations
24 and they said: Nobody's ever contacted us.
25 Now, you can go right here to
Candyco Transcription Service, Inc.
(518) 371-8910
5955
1 Saratoga, Stewart's in Saratoga. They set the
2 price of Stewart gas throughout the state of
3 New York. It isn't that guy on the corner.
4 And if you really want to know, go
5 down and ask the guy who runs the store. He
6 can set the price for the hot dogs, the
7 hamburgers, the cigarettes, the bubble gum or
8 what else, but he can't sent the price on the
9 Lotto machines, nor can he set the price on
10 gas, because his supplier makes that
11 determination.
12 And if you think putting more
13 stations in there is going to lower it, you're
14 foolish. I went this April, and I went to the
15 same 35 stations, and I got the same answer:
16 Nobody from the Attorney General's office has
17 ever contacted us, and we still buy gas in
18 bulk, and we still set the price per the
19 directions of those in Wappinger Falls.
20 So I commend Senator LaValle.
21 Because normally we think that more is better.
22 But sometimes when you take the pie away from
23 them, they realize that it's their turn. And
24 right now, we don't have any players helping
25 us.
Candyco Transcription Service, Inc.
(518) 371-8910
5956
1 ACTING PRESIDENT MEIER: Senator
2 Connor.
3 SENATOR CONNOR: Thank you,
4 Mr. President.
5 I want to thank Senator Padavan,
6 because I think he's just given us the
7 direction to get after the Thruway Authority.
8 I don't know why they're making those stations
9 on the Thruway rip us off every week.
10 The fact is, although I guess if we
11 get a new administration, they won't be able
12 to influence the Thruway Authority until 2010
13 or something, based on some of the things
14 we've done this week.
15 The fact, though, is, you know, we
16 have laws against monopolistic practices. We
17 have laws against price-fixing and
18 price-gouging. And we have laws against
19 franchisors unfairly extracting conditions,
20 anticompetitive conditions from their
21 franchisees.
22 And if you analyze this -- and I
23 have no sympathy for the large oil companies,
24 Mr. President, because as I started this
25 debate out, I said here we have contrasted the
Candyco Transcription Service, Inc.
(518) 371-8910
5957
1 greedy and the greedier, and I'm not sure
2 which side which falls on. That's why I talk
3 about competitive theory and existing
4 anticompetitive antitrust laws.
5 But if you consider to turn around
6 an argument we've heard that, oh, the big oil
7 companies wouldn't be against this, they say
8 in their memos they want to bring prices down,
9 but why would they want to do that. Well, the
10 other side of the coin is why does the
11 franchise-holder want a monopoly? It's not so
12 they can bring prices down either.
13 I don't know that there's any good
14 guys, that there's any good guys in this
15 fight. What I do know is that the marketplace
16 demands competition if you're going to get
17 fair prices. The fact that we don't have
18 that, the fact that oil companies allegedly
19 tell the franchisees what to charge, according
20 to some of my colleagues who have spoken here,
21 is precisely the reason this is a bad bill.
22 The rationale for this bill from
23 the franchisees is, oh, the big oil company
24 might open a station a half a mile down the
25 road and undercut my prices because of their
Candyco Transcription Service, Inc.
(518) 371-8910
5958
1 big economic power. That's contrary to what
2 I'm hearing from the other side of the aisle
3 that, oh, the big oil companies, they don't
4 want this bill so they can go in there and
5 charge higher prices. The franchisees are
6 saying, No, they'll undercut apply prices.
7 The real answer about the fair
8 price is competition, competition, and more
9 competition. That's why I'm against this
10 bill.
11 ACTING PRESIDENT MEIER: Senator
12 Fuschillo.
13 SENATOR FUSCHILLO: Thank you,
14 Mr. President.
15 I rise to support this legislation.
16 And I agree with what Senator Connor had
17 talked about. But this isn't textbook
18 economics. And what you just concluded in
19 your statement is why I rise. It's because
20 the independents are telling me that the
21 corporates that are less than a half a mile,
22 maybe a block or two, are undercutting them on
23 the prices of gasoline.
24 And I've got two gasoline stations,
25 ExxonMobil, in my home community where I live,
Candyco Transcription Service, Inc.
(518) 371-8910
5959
1 probably less than a quarter mile from each
2 other. The one furthest west is always a
3 couple of pennies cheaper than the one east.
4 And I go to the guy in the east and I asked
5 him why. And he said: "Because he's selling
6 gas, that's a corporate station, for what I'm
7 probably paying for it. And then he changes
8 my franchise agreement, ExxonMobil, right in
9 the middle of the agreement, because there
10 must be some clause legally that allows them
11 to do it that says my minimum's were 500,000
12 gallons a month. Now they've raised it to
13 750,000, just like that. And they go in and
14 put a snack shop and they tell me in six
15 months I have to take mine out. And then they
16 go in and they put a repair station, and they
17 tell me in six months I have to take mine
18 out."
19 So that's what I look upon this
20 bill doing, creating a level playing field.
21 You know, when I was a kid growing
22 up, Mr. President, all the major roads in my
23 town and throughout Nassau County were there
24 was commercial development had four gas
25 stations on every corner. You know, wherever
Candyco Transcription Service, Inc.
(518) 371-8910
5960
1 you went there was four gas stations. Now
2 there's one left. Maybe two or three are
3 abandoned, one became a bank, and the others
4 are just boarded up or they're painted black
5 or yellow or whatever the gas station does on
6 Long Island. And the one that's left is
7 corporate-owned, because of the examples I
8 just told you about how they're squeezing them
9 out.
10 So I don't look upon this as
11 anticompetition. I look upon it as bringing
12 competition for an industry that has none.
13 You know, Senator LaValle in his
14 opening remarks said the corporate power
15 allows them to do whatever they want. I look
16 upon it as the corporate greed allows them to
17 do whatever they want. Last Monday I paid
18 $2.87 on the Island -- I'm sorry, $3.17 on the
19 Island. Up here, a little further north, I
20 paid $2.87.
21 I asked somebody in the industry
22 that represents the independent retailers why,
23 why am I paying so much on the Island and, you
24 know -- not so little, it's still a lot, $2.87
25 a gallon up here. He says, "Well, they know
Candyco Transcription Service, Inc.
(518) 371-8910
5961
1 they can get away with it."
2 Corporates are dominating the
3 Island. The independents are being squeezed
4 out. Another guy came to me recently, they
5 raised his minimums 500,000 gallons a month to
6 a million. He'll be out of business in six
7 months. He's been in business 25 years; he'll
8 be out in six months.
9 So I look upon this as levelling
10 the playing field, allowing for competition.
11 You know, we lowered the sales tax. We tried
12 in our own way, as you said, Senator Connor,
13 in our own limited way to give relief. I
14 haven't seen it. I haven't seen it. They're
15 allowed to dictate whatever they want.
16 But it's a fact. It's a reality.
17 And we see it every single day. You mentioned
18 in New York City about the gas stations. When
19 I go into the city, I make sure I fill up
20 because of exactly what you said. I wouldn't
21 even know where to find a gas station. But
22 where I live, it's being -- it's an industry
23 that is becoming scarce. It's becoming
24 unknown to the independent retailers. And
25 they're seeing -- if they own their property,
Candyco Transcription Service, Inc.
(518) 371-8910
5962
1 they're saying, I can't stay here anymore, I
2 can't pass this on to my children. I've been
3 in business, this was my life's work. I'll
4 sell the property now and get out.
5 And it's unfortunate that these men
6 and women who dedicated their lives to
7 building up a business are having everything
8 taken away from them because of what's going
9 on in today's society, in reality, with the
10 economies of today, where the corporate greed
11 is just dictating what they want.
12 I'll be voting in the affirmative.
13 Thank you.
14 ACTING PRESIDENT MEIER: Senator
15 Alesi.
16 SENATOR ALESI: Thank you,
17 Mr. President.
18 For a number of years I've taken
19 very seriously this situation of company
20 stores and the lack of competition and in
21 fact, in my opinion, the manipulation of the
22 market.
23 And if you listen to what Senator
24 Fuschillo describes in his home area, you can
25 see the same thing in my home area and, I
Candyco Transcription Service, Inc.
(518) 371-8910
5963
1 suspect, anywhere else in this state.
2 Now, as a business owner and as
3 chairman of Commerce and Small Business, it's
4 always very difficult for me to stand up and
5 take on one business over another. But I
6 think that this is an issue that really
7 deserves our attention.
8 If you know anything about company
9 stores, you know that the major oil companies
10 that provide product to those company stores
11 do it at a price that is substantially less
12 than they give to the same brand stores just
13 down the street owned by an individual,
14 somebody that has a franchise.
15 And so when someone invests their
16 life savings, their blood, sweat, their tears
17 in a small business -- and maybe they own one
18 store, maybe even two -- and they're there
19 working it, like the person who lives just
20 next door to me, and they're putting
21 everything they have into that business and
22 they have to buy that product from the oil
23 company at a price that the oil company gives
24 them, and just down the road that oil company
25 opens up another superstore that it owns and
Candyco Transcription Service, Inc.
(518) 371-8910
5964
1 they sell to that store that they own the
2 product at substantially less -- and they're
3 competing with somebody that has a franchise
4 with them, that has a lease, and they're
5 selling gasoline for less money on a retail
6 basis than they are to somebody that has to
7 buy it from them.
8 Now, somebody can say that's the
9 marketplace; somebody can say that's fair.
10 But I don't think it is.
11 And I'll take this argument just a
12 little bit further, because there's a thing
13 called zone pricing, and this makes the
14 evidence even more clear how the big oil
15 companies can manipulate the market price.
16 They don't even have to have a
17 company store to sell the product at a smaller
18 price here than they do over here. They can
19 have two separate franchise-holders within a
20 few blocks of each other and just based on
21 what they call zone pricing, in other words,
22 an area's ability to pay, one area a little
23 more affluent than another, they fix the price
24 of that product at a higher price. And they
25 tell the retailer: This is what you have to
Candyco Transcription Service, Inc.
(518) 371-8910
5965
1 sell it -- this is what you have to buy it for
2 us for, and so you have to sell it for more.
3 And if you go down the street two
4 or three blocks where there's less ability to
5 pay because of the area, the buying power of
6 the people that live in that area, they sell
7 to them for less. And they say: You're going
8 to sell it at this price.
9 By the way, if you don't know that,
10 there's a range at which these retailers can
11 sell. They won't let them go above that
12 range. They have a stranglehold on these
13 small businesses.
14 And when you look at this zone
15 pricing and when you look at the company
16 stores, you can't miss the fact that there's
17 manipulation of the way this product is sold
18 to the various outlets.
19 So if you don't buy the fact that
20 it's unfair to the small business owner
21 because you're saying, Well, you know what,
22 that's the way the market works, then you have
23 to look at what the consumer is doing. And
24 the consumer is being affected by this kind of
25 manipulation. You and I, the people that we
Candyco Transcription Service, Inc.
(518) 371-8910
5966
1 tried to help when we did this sales tax
2 thing. You and I, the people that we try to
3 help in so many other ways to deal with the
4 high cost of living in this state. And you
5 can't help but recognize that the consumers
6 are getting burned just as much as those small
7 business owners are.
8 So, yes, I'm for a free market. Of
9 course I'm for a free market. But I also
10 recognize that when there's manipulation going
11 on that's patently unfair -- and in a free
12 market, there has to be some kind of fairness,
13 has to be fairness to those people that own a
14 franchise, that have to sign a lease with the
15 oil companies and buy those products, and
16 there has been to be fairness to the consumers
17 that are buying products at a cost that is
18 manipulated by the people providing the
19 product.
20 And I applaud the author of this
21 bill, and I will support it.
22 ACTING PRESIDENT MEIER: Senator
23 Farley.
24 SENATOR FARLEY: I just want to
25 say -- I wasn't going to speak on this bill.
Candyco Transcription Service, Inc.
(518) 371-8910
5967
1 But after listening to Senator Fuschillo and
2 Senator Alesi, I don't know how anybody can
3 vote against this. It's very, very -- this is
4 something that affects every one of us every
5 day of our life as we're on the road trying to
6 buy gasoline. It's terribly unfair.
7 Senator LaValle, I applaud you for
8 bringing this bill. This is a very
9 significant bill, and I hope that everybody
10 votes in favor of it.
11 ACTING PRESIDENT MEIER: Any
12 other Senator wish to be heard on this bill?
13 Debate is closed, then.
14 The Secretary will ring the bell.
15 Members will come to the chamber
16 for a vote, please.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MEIER: Senator
24 Schneiderman, to explain his vote.
25 SENATOR SCHNEIDERMAN: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
5968
1 Mr. President. It's been an interesting
2 debate. I think that in the context of the
3 severe dislocation of many individuals and
4 businesses as a result of higher oil prices,
5 we need to revisit proposals like this that
6 have been around for quite a few years and get
7 periodically vetoed by the Governor.
8 There is an ongoing debate as to
9 whether or not to impose these sorts of
10 restrictions. The antitrust laws are
11 inherently restrictive of competition, and yet
12 we view them as something that provides a
13 long-term benefit.
14 I find that from my point of view,
15 this law is too arbitrary in terms of the
16 distances provided. It doesn't unbalance the
17 playing field in a way that I think is
18 productive in the current environment, and I
19 will therefore be voting in the negative.
20 Thank you, Mr. President.
21 ACTING PRESIDENT MEIER: Senator
22 Schneiderman will be recorded in the negative.
23 Senator Alesi, to explain his vote.
24 SENATOR ALESI: Thank you,
25 Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
5969
1 To continue with the theme, but in
2 the time frame allowed to explain my vote, I
3 would just like to tell my colleagues here
4 that in addition to those things that I just
5 said, if you look around any neighborhood in
6 our state and you see boarded-up gas stations
7 that are no longer in operation, and they're
8 there for two or three or four years sitting
9 there doing nothing, you have to remember the
10 nature of a closed gas station. It's
11 extremely hard to do anything with that land
12 because of brownfields and contamination and
13 everything else.
14 And because of this unfair
15 competitive nature that's being imposed on
16 small businesses and consumers, those stations
17 are going to sit there as a blight on our
18 neighborhoods for untold years. And that's
19 another effect of this competitive situation
20 that is being manipulated by those oil
21 companies.
22 It's not just about small
23 businesses, it's not just about consumers,
24 it's actually creating blight in our
25 neighborhoods.
Candyco Transcription Service, Inc.
(518) 371-8910
5970
1 ACTING PRESIDENT MEIER: Senator
2 Alesi will be recorded in the affirmative.
3 Senator LaValle, to explain his
4 vote.
5 SENATOR LaVALLE: Thank you,
6 Mr. President.
7 I'd like to thank Senator
8 Fuschillo, as our chair of the Consumer
9 Protection Committee, for his continuous
10 support, and the support of my colleagues on
11 this very, very important piece of
12 legislation.
13 I think Senator Connor in his
14 remarks didn't realize that this legislation,
15 and I'm going to repeat it again, prohibits a
16 motor fuel refiner franchisor from directly
17 impacting the financial position of its
18 franchisee dealer or distributor by locating a
19 company-owned service station in direct
20 competition with such franchisee.
21 It allows for franchisee stations
22 to be opposite one another or would not be
23 impacted by this legislation.
24 I would also like to mention that
25 in the Governor's veto message, he very
Candyco Transcription Service, Inc.
(518) 371-8910
5971
1 specifically said that the sponsors and
2 proponents of this bill continue to raise
3 legitimate issues and concerns related to the
4 ability of dealer franchisees to compete with
5 their franchisors on a level playing field.
6 And this legislation is all about
7 competition and about trying to reduce gas
8 prices. I vote in the affirmative.
9 ACTING PRESIDENT MEIER: Senator
10 LaValle will be recorded in the affirmative.
11 Senator Onorato, to explain his
12 vote.
13 SENATOR ONORATO: To explain my
14 vote, Mr. President.
15 I think this is a very good bill.
16 Talking from personal experience
17 with my brother, who had a gasoline station
18 that was a franchisee, and they were forced to
19 increase their quota when they couldn't sell
20 the product, especially when it came to tires,
21 windshield wipers, and accessories that no one
22 in their right mind is going to come into a
23 gasoline station like that to pay the prices
24 that were required of them when they can go to
25 any of the distributors around for half the
Candyco Transcription Service, Inc.
(518) 371-8910
5972
1 price. So eventually they wound up having to
2 get out of the business.
3 So I'm voting in favor of this
4 bill. I vote aye.
5 ACTING PRESIDENT MEIER: Senator
6 Onorato will be recorded in the affirmative.
7 Announce the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 2191 are
10 Senators Andrews, Connor, Coppola, Dilan,
11 Gonzalez, Parker, Paterson, Schneiderman,
12 Serrano, A. Smith and Stachowski.
13 Absent from voting: Senator
14 C. Kruger.
15 Ayes, 48. Nays, 11.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 2208, by Senator Golden, Senate Print 8449, an
20 act to amend the Insurance Law.
21 ACTING PRESIDENT MEIER: Senator
22 Robach.
23 SENATOR ROBACH: Mr. President,
24 is there a message of necessity at the desk?
25 ACTING PRESIDENT MEIER: There is
Candyco Transcription Service, Inc.
(518) 371-8910
5973
1 a message at the desk.
2 SENATOR ROBACH: Move to accept.
3 ACTING PRESIDENT MEIER: All
4 those in favor of accepting the message of
5 necessity signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT MEIER: Those
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT MEIER: The
11 message is accepted.
12 The bill is before the house.
13 The Secretary will read.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: In relation to
20 Calendar Number 2208, absent from voting:
21 Senator C. Kruger.
22 Ayes, 59. Nays, 0.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 Senator Robach, that completes the
Candyco Transcription Service, Inc.
(518) 371-8910
5974
1 calendar.
2 SENATOR ROBACH: Mr. President,
3 there will be an immediate meeting of the
4 Rules Committee.
5 The Senate will stand at ease until
6 the completion of that committee meeting.
7 ACTING PRESIDENT MEIER:
8 Immediate meeting of the Rules Committee.
9 The Senate will stand at ease
10 pending the report of the Rules Committee.
11 (Whereupon, the Senate stood at
12 ease at 12:18 p.m.)
13 (Whereupon, the Senate reconvened
14 at 12:31 p.m.)
15 ACTING PRESIDENT MEIER: Senator
16 Robach.
17 SENATOR ROBACH: Mr. President,
18 if we could return to reports of standing
19 committees.
20 ACTING PRESIDENT MEIER: Reports
21 of standing committees.
22 The Secretary will read the report
23 of the Committee on Rules.
24 THE SECRETARY: Senator Bruno,
25 from the Committee on Rules, reports the
Candyco Transcription Service, Inc.
(518) 371-8910
5975
1 following bills:
2 Senate Print 1002C, by Senator
3 LaValle, an act to amend the Volunteer
4 Firefighters Benefit Law;
5 1787, by Senator Balboni, an act to
6 amend the Penal Law;
7 4610A, by Senator Hannon, an act to
8 amend the Vehicle and Traffic Law;
9 4691A, by Senator Fuschillo, an act
10 to amend the Public Health Law;
11 4849A, by Senator DeFrancisco, an
12 act to amend the Criminal Procedure Law;
13 5944A, by Senator Montgomery, an
14 act to amend the General Municipal Law;
15 6607A, by Senator Robach, an act to
16 amend the Vehicle and Traffic Law;
17 7035C, by Senator DeFrancisco, an
18 act to amend the Uniform City Court Act;
19 7787, by Senator LaValle, an act to
20 amend Chapter 114 of the Laws of 1998;
21 7877, by Senator LaValle, an act to
22 amend the General Municipal Law;
23 8238, by Senator Hannon, an act to
24 amend the Public Health Law;
25 8349A, by Senator Bonacic, an act
Candyco Transcription Service, Inc.
(518) 371-8910
5976
1 to amend the Transportation Corporation Law;
2 8397B, by Senator Golden, an act to
3 amend the Judiciary Law;
4 Assembly Print 11923, by the
5 Assembly Committee on Rules, an act to amend
6 the Public Authorities Law;
7 Senate Print 4665A, by Senator
8 Robach, an act to amend the Retirement and
9 Social Security Law;
10 6903, by Senator Maltese, an act to
11 amend the Retirement and Social Security Law;
12 7386, by Senator Robach, an act to
13 amend Retirement and Social Security Law;
14 And Senate Print 8343, by the
15 Senate Committee on Rules, an act to amend the
16 Retirement and Social Security Law.
17 All bills ordered direct to third
18 reading.
19 ACTING PRESIDENT MEIER: Senator
20 Robach.
21 SENATOR ROBACH: Mr. President,
22 can we move to accept the report of the Rules
23 Committee, please.
24 ACTING PRESIDENT MEIER: All in
25 favor of accepting the report of the Rules
Candyco Transcription Service, Inc.
(518) 371-8910
5977
1 Committee signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT MEIER: Those
4 opposed, nay.
5 (No response.)
6 ACTING PRESIDENT MEIER: The
7 report of the Rules Committee is accepted.
8 Senator Robach.
9 SENATOR ROBACH: On the members'
10 desks is Supplemental Calendar 62A. If we
11 could go to the noncontroversial reading of
12 that calendar.
13 ACTING PRESIDENT MEIER: The
14 Secretary will conduct the noncontroversial
15 reading of Supplemental Calendar 62A.
16 Senator Robach, could we return to
17 motions and resolutions for a moment.
18 SENATOR ROBACH: Mr. President,
19 there are some motions on the floor.
20 ACTING PRESIDENT MEIER: Motions
21 and resolutions.
22 Senator Farley.
23 SENATOR FARLEY: Thank you,
24 Mr. President.
25 On behalf of Senator Fuschillo, I
Candyco Transcription Service, Inc.
(518) 371-8910
5978
1 wish to call up his bill, Print Number 8124,
2 recalled from the Assembly and it's now at the
3 desk.
4 ACTING PRESIDENT MEIER: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1928, by Senator Fuschillo, Senate Print 8124,
8 an act to amend the General Business Law.
9 SENATOR FARLEY: Mr. President, I
10 now move to reconsider the vote by which this
11 bill passed.
12 ACTING PRESIDENT MEIER: The
13 Secretary will call the roll on
14 reconsideration.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 SENATOR FARLEY: I now offer the
18 following amendments.
19 ACTING PRESIDENT MEIER: The
20 amendments are received and adopted.
21 SENATOR FARLEY: Mr. President,
22 on behalf of Senator Padavan, I wish to call
23 up his bill, Senate Print 7691A, recalled from
24 the Assembly and it's now at your desk.
25 ACTING PRESIDENT MEIER: The
Candyco Transcription Service, Inc.
(518) 371-8910
5979
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 2154, by Senator Padavan, Senate Print 7691A,
4 an act to amend the Family Court Act.
5 SENATOR FARLEY: Mr. President, I
6 now move to reconsider the vote by which this
7 bill was passed and I ask that the bill be
8 restored to the order of third reading.
9 ACTING PRESIDENT MEIER: Call the
10 roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT MEIER: The bill
14 will be restored to the order of third
15 reading.
16 SENATOR FARLEY: Thank you,
17 Mr. President.
18 I now move to discharge, from the
19 Committee on Rules, Assembly Print 10767A and
20 substitute it for Senator Padavan's identical
21 bill.
22 The Senate bill on the first
23 passage was voted unanimously. And I now move
24 that the substituted Assembly bill have its
25 third reading at this time.
Candyco Transcription Service, Inc.
(518) 371-8910
5980
1 ACTING PRESIDENT MEIER: So
2 ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 2154, substituted earlier by Member of the
6 Assembly Rosenthal, Assembly Print Number
7 10767A, an act to amend the Family Court Act
8 and the Criminal Procedure Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 Senator Robach.
20 SENATOR ROBACH: Could we take up
21 that supplemental calendar, noncontroversial.
22 ACTING PRESIDENT MEIER: The
23 Secretary will read.
24 THE SECRETARY: In relation to
25 Calendar Number 2210, Senator LaValle moves to
Candyco Transcription Service, Inc.
(518) 371-8910
5981
1 discharge, from the Committee on Rules,
2 Assembly Bill Number 10309A and substitute it
3 for the identical Senate Bill Number 1002C,
4 Third Reading Calendar 2210.
5 ACTING PRESIDENT MEIER:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2210, by Member of the Assembly Magee,
10 Assembly Print Number 10309A, an act to amend
11 the Volunteer Firefighters Benefit Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2211, Senator Balboni moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 2833 and substitute it
Candyco Transcription Service, Inc.
(518) 371-8910
5982
1 for the identical Senate Bill Number 1787,
2 Third Reading Calendar 2211.
3 ACTING PRESIDENT MEIER:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2211, by Member of the Assembly DiNapoli,
8 Assembly Print Number 2833, an act to amend
9 the Penal Law.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MEIER: Senator
19 Balboni, to explain his vote.
20 SENATOR BALBONI: Mr. President,
21 this bill has been around for nine years, and
22 this is the first time it's going to become
23 law.
24 And I rise because there's a
25 gentleman who's been working this bill on
Candyco Transcription Service, Inc.
(518) 371-8910
5983
1 behalf of law enforcement for all nine years,
2 and that's Floyd Holloway. And he's retiring
3 this year, and this is the bill he wanted.
4 It's a substantive change. It
5 makes the use of a child in a drug transaction
6 a crime. And it's been amazing we haven't
7 been able to get this done before this, but
8 this is the year.
9 I vote aye, Mr. President. Thank
10 you.
11 ACTING PRESIDENT MEIER: Senator
12 Balboni will be recorded in the affirmative.
13 The Secretary will announce the
14 results.
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: In relation to
19 Calendar Number 2212, Senator Hannon moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 4294A and substitute it
22 for the identical Senate Bill Number 4610A,
23 Third Reading Calendar 2212.
24 ACTING PRESIDENT MEIER:
25 Substitution ordered.
Candyco Transcription Service, Inc.
(518) 371-8910
5984
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 2212, by Member of the Assembly Hoyt, Assembly
4 Print Number 4294A, an act to amend the
5 Vehicle and Traffic Law.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 180th day.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 2213, Senator Fuschillo moves
18 to discharge, from the Committee on Rules,
19 Assembly Bill Number 6763A and substitute it
20 for the identical Senate Bill Number 4691A,
21 Third Reading Calendar 2213.
22 ACTING PRESIDENT MEIER:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
5985
1 2213, by Member of the Assembly Gottfried,
2 Assembly Print Number 6763A, an act to amend
3 the Public Health Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect April 1, 2007.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 2214, by Senator DeFrancisco, Senate Print
16 4849A, an act to amend the Criminal Procedure
17 Law and the Penal Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
5986
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 2214 are
3 Senators Duane, L. Krueger, and Parker.
4 Ayes, 57. Nays, 3.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: In relation to
8 Calendar Number 2215, Senator Montgomery moves
9 to discharge, from the Committee on Rules,
10 Assembly Bill Number 9044A and substitute it
11 for the identical Senate Bill Number 5944A,
12 Third Reading Calendar 2215.
13 ACTING PRESIDENT MEIER:
14 Substitution ordered.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 2215, by the Assembly Committee on Rules,
18 Assembly Print Number 9044A, an act to amend
19 the General Municipal Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
Candyco Transcription Service, Inc.
(518) 371-8910
5987
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 2216, Senator Robach moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 10039A and substitute it
9 for the identical Senate Bill Number 6607A,
10 Third Reading Calendar 2216.
11 ACTING PRESIDENT MEIER:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 2216, by Member of the Assembly Morelle,
16 Assembly Print Number 10039A, an act to amend
17 the Vehicle and Traffic Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
Candyco Transcription Service, Inc.
(518) 371-8910
5988
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 2217, by Senator DeFrancisco, Senate Print
5 7035C, an act to amend the Uniform City Court
6 Act and the Judiciary Law.
7 ACTING PRESIDENT MEIER: Senator
8 Robach.
9 SENATOR ROBACH: Is there a
10 message of necessity at the desk,
11 Mr. President?
12 ACTING PRESIDENT MEIER: There
13 is.
14 SENATOR ROBACH: Move to accept.
15 ACTING PRESIDENT MEIER: All
16 those in favor of accepting the message of
17 necessity signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT MEIER: Those
20 opposed, nay.
21 (No response.)
22 ACTING PRESIDENT MEIER: The
23 message is accepted.
24 The bill is before the house.
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
5989
1 THE SECRETARY: Section 10. This
2 act shall take effect on the first of April
3 next succeeding.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 2218, by Senator LaValle, Senate Print 7787,
12 an act to amend Chapter 114 of the Laws of
13 1998.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: There is
19 a home-rule message at the desk.
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 60.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: In relation to
Candyco Transcription Service, Inc.
(518) 371-8910
5990
1 Calendar Number 2219, Senator LaValle moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 10983 and substitute it
4 for the identical Senate Bill Number 7877,
5 Third Reading Calendar 2219.
6 ACTING PRESIDENT MEIER:
7 Substitution ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 2219, by Member of the Assembly Sweeney,
11 Assembly Print Number 10983, an act to amend
12 the General Municipal Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect January 1, 2007.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 2220, Senator Hannon moves to
25 discharge, from the Committee on Rules,
Candyco Transcription Service, Inc.
(518) 371-8910
5991
1 Assembly Bill Number 10690A and substitute it
2 for the identical Senate Bill Number 8238,
3 Third Reading Calendar 2220.
4 ACTING PRESIDENT MEIER:
5 Substituted ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2220, by Member of the Assembly Gottfried,
9 Assembly Print Number 10690A, an act to amend
10 the Public Health Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 2221, by Senator Bonacic, Senate Print 8349A,
23 an act to amend the Transportation --
24 SENATOR HASSELL-THOMPSON: Lay it
25 aside.
Candyco Transcription Service, Inc.
(518) 371-8910
5992
1 ACTING PRESIDENT MEIER: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 2223, by the Assembly Committee on Rules,
5 Assembly Print Number 11923, an act to amend
6 the Public Authorities Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect on the same date and in
11 the same manner as a chapter of the Laws of
12 2006.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 2224, Senator Robach moves to
21 discharge, from the Committee on Rules,
22 Assembly Bill Number 11434 and substitute it
23 for the identical Senate Bill Number 4665A,
24 Third Reading Calendar 2224.
25 ACTING PRESIDENT MEIER:
Candyco Transcription Service, Inc.
(518) 371-8910
5993
1 Substitution ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 2224, by Member of the Assembly Abbate,
5 Assembly Print Number 11434, an act to amend
6 the Retirement and Social Security Law.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 2225, Senator Maltese moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 10223 and substitute it
21 for the identical Senate Bill Number 6903,
22 Third Reading Calendar 2225.
23 ACTING PRESIDENT MEIER:
24 Substitution ordered.
25 The Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
5994
1 THE SECRETARY: Calendar Number
2 2225, by Member of the Assembly Lentol,
3 Assembly Print Number 10223, an act to amend
4 the Retirement and Social Security Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 2226, Senator Robach moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 3340A and substitute it
19 for the identical Senate Bill Number 7386,
20 Third Reading Calendar 2226.
21 ACTING PRESIDENT MEIER:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2226, by Member of the Assembly Destito,
Candyco Transcription Service, Inc.
(518) 371-8910
5995
1 Assembly Print Number 3340A, an act to amend
2 the Retirement and Social Security Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 2227, Senator Bruno moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 11019 and substitute it
17 for the identical Senate Bill Number 8343,
18 Third Reading Calendar 2227.
19 ACTING PRESIDENT MEIER:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2227, by Member of the Assembly Abbate,
24 Assembly Print Number 11019, an act to amend
25 the Retirement and Social Security Law.
Candyco Transcription Service, Inc.
(518) 371-8910
5996
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 Senator Robach, that completes the
12 noncontroversial reading of Supplemental
13 Calendar 62A.
14 SENATOR ROBACH: Mr. President,
15 if we could just stand at ease momentarily.
16 ACTING PRESIDENT MEIER: The
17 Senate will stand at ease.
18 (Whereupon, the Senate stood at
19 ease at 12:47 p.m.)
20 (Whereupon, the Senate reconvened
21 at 1:25 p.m.)
22 ACTING PRESIDENT LITTLE: Senator
23 Robach.
24 SENATOR ROBACH: Yes, Madam
25 President. If we could continue with the
Candyco Transcription Service, Inc.
(518) 371-8910
5997
1 calendar, moving to Calendar Number 1762.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1762, by Senator Little, Senate Print 8092A,
7 an act to legalize, validate, ratify and
8 confirm.
9 ACTING PRESIDENT LITTLE: There
10 is a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect immediately.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 Senator Robach.
21 SENATOR ROBACH: Yes, can we now
22 go to Calendar Number 2001, please.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 The Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
5998
1 THE SECRETARY: In relation to
2 Calendar Number 2001, Senator Hannon moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 11896A and substitute it
5 for the identical Senate Bill Number 8278A,
6 Third Reading Calendar 2001.
7 ACTING PRESIDENT LITTLE:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 2001, by the Assembly Committee on Rules,
12 Assembly Print Number 11896A, an act to
13 authorize the Village of Hempstead.
14 ACTING PRESIDENT LITTLE: There
15 is a home-rule message at the desk.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT LITTLE: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT LITTLE: The
24 bill is passed.
25 Senator Robach.
Candyco Transcription Service, Inc.
(518) 371-8910
5999
1 SENATOR ROBACH: Madam President,
2 if we could now proceed to Calendar 2209,
3 please.
4 ACTING PRESIDENT LITTLE: The
5 Secretary will read.
6 THE SECRETARY: In relation to
7 Calendar Number 2209, Senator Morahan moves to
8 discharge, from the Committee on Codes,
9 Assembly Bill Number 8939A and substitute it
10 for the identical Senate Bill Number 8459,
11 Third Reading Calendar 2209.
12 ACTING PRESIDENT LITTLE: The
13 substitution is ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2209, by the Assembly Committee on Rules,
17 Assembly Print Number 8939A, an act to amend
18 the Penal Law and the Correction Law.
19 ACTING PRESIDENT LITTLE: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT LITTLE: Call
24 the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
6000
1 ACTING PRESIDENT LITTLE: Senator
2 Morahan, to explain his vote.
3 SENATOR MORAHAN: Thank you,
4 Madam President.
5 This bill creates a new Class A-II
6 felony -- actually, two of them -- for
7 predatory sexual assault.
8 Sometime back, in Florida, a young
9 girl by the name of Jessica Lunsford was
10 abducted right under a TV camera, taken away
11 and murdered. This young lady had no chance.
12 But the sexual predator, the murderer, who's
13 now under the sentence for murder, under
14 conviction, when he was convicted had
15 previously committed a sexual assault as we
16 are now creating today.
17 If he had been convicted under that
18 on one of his prior assaults which he did
19 commit, he would not have been on the streets
20 to abduct this young kid.
21 And therefore, today, we're going
22 to strengthen the penalties by creating these
23 new felonies. These will cover such crimes as
24 when they cause serious physical injury to the
25 victim or uses or threatens immediate use of a
Candyco Transcription Service, Inc.
(518) 371-8910
6001
1 dangerous instrument, or if he or she commits
2 a Class B violent felony sex offense against
3 more than one person, or he or she has
4 previously been convicted of a felony sex
5 offense, incest, or use of a child in a sexual
6 performed, or he or she commits a Class B
7 violent felony sex offense and the victim is
8 less than 13 years of age.
9 Upon conviction under these
10 felonies, the person to be sentenced will be
11 subject to life in prison with a minimum of
12 not less than 10 years to 25.
13 So I think it's a good, strong
14 bill. It's in answer to the Megan's Parents
15 people who are out there lobbying for this
16 bill. And hopefully we'll get this sort of
17 measure across the United States.
18 Thank you, Madam President.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Senator Robach.
22 SENATOR ROBACH: Yes, Madam
23 President, very briefly.
24 Let me thank Senator Morahan for
25 this work. This is a bill that is very, very
Candyco Transcription Service, Inc.
(518) 371-8910
6002
1 much needed. There's no question we wish this
2 didn't happen in our society. But as has been
3 pointed out already, when you look at who the
4 perpetrators of this are, rarely it is a new
5 area. They're oftentimes involved in these
6 types of activities repeatedly.
7 And we have a small sliver of our
8 society wreaking a tremendous amount of
9 damage, havoc, loss of life and long-term
10 damage to women and children in our society.
11 So I feel that this bill will
12 really not only go a long way to address that
13 and get some of these people that need to be
14 off the streets and away from people they can
15 violate, but I also think it's going to
16 restore a little bit more confidence into our
17 system. Because this is one of the areas when
18 children are abducted, when they're
19 brutalized, killed, society and people often
20 talk about this -- and this is an area where
21 people frequently say to me, having worked in
22 the criminal justice system prior to my time
23 in the Senate, how do we have a system that
24 allows this guy to be out there violating once
25 already and then be out there again now to not
Candyco Transcription Service, Inc.
(518) 371-8910
6003
1 only violate but take the next step and even
2 take a life on top of that.
3 This will do both of those things,
4 stop that from happening and, I also believe,
5 be responsive to the public that wants that
6 confidence restored in protecting our women
7 and children.
8 So I applaud Senator Morahan in
9 getting this bill through, and I think it will
10 serve New Yorkers well and make them safe.
11 Thank you.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 Senator Skelos.
15 SENATOR SKELOS: Thank you, Madam
16 President.
17 I want to congratulate Senator
18 Morahan on this great bill because really it
19 caps off what I think has been an extremely
20 successful year in this Legislature in terms
21 of reforming and even making better our
22 criminal justice system.
23 We started off this year in
24 reforming Megan's Law to make sure that all
25 violent Class 3, lifetime registration. Level
Candyco Transcription Service, Inc.
(518) 371-8910
6004
1 2, lifetime registration with an opportunity
2 after 30 years to petition. And Level 1,
3 20 years requirement of registration.
4 We've moved along now with this
5 piece of legislation, which is critically
6 important to the whole picture.
7 We've expanded the DNA database so
8 that we can capture some of these individuals
9 that commit these horrendous crimes and
10 hopefully prevent future crimes. And of
11 course we've removed the statute of
12 limitations on rape, which is really probably
13 the biggest injustice that has been in our
14 criminal justice system.
15 So I think this year's criminal
16 justice package is something that we can all
17 be very proud of. And I'm very happy that
18 Laura Ahearn, from Parents for Megan's Law, is
19 here, because I know that she's been a strong
20 advocate of reforming and improving Megan's
21 Law.
22 This is something again, if I can
23 repeat, all of us can go back to our
24 respective constituents, to the parents within
25 our communities, our law-abiding citizens, and
Candyco Transcription Service, Inc.
(518) 371-8910
6005
1 say: We've done right by you.
2 This has been a great year. And,
3 Madam President, I'm happy to vote for Senator
4 Morahan's bill.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 The Secretary will announce the
8 results.
9 THE SECRETARY: Ayes, 61. Nays,
10 0.
11 ACTING PRESIDENT LITTLE: The
12 bill is passed.
13 Senator Robach.
14 SENATOR ROBACH: Yes, Madam
15 President. If we could go to the
16 controversial reading of Calendar Number 62A,
17 Calendar Number 2221, by Senator Bonacic.
18 ACTING PRESIDENT LITTLE: The
19 Secretary will ring the bell.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 2221, by Senator Bonacic, Senate Print 8349A,
23 an act to amend the Transportation Corporation
24 Law.
25 SENATOR SCHNEIDERMAN:
Candyco Transcription Service, Inc.
(518) 371-8910
6006
1 Explanation.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 Senator Bonacic, for an
5 explanation.
6 SENATOR BONACIC: Thank you,
7 Madam President.
8 Before I explain the bill, I want
9 to thank Senator Bruno. I want to thank
10 Senator Larkin, Senator Libous, Senator Meier,
11 and Senator Seward for the work that they did
12 on this legislation.
13 What this legislation does, it
14 removes the power of eminent domain for those
15 gas and electric transportation companies if
16 three conditions are met: (1) the line begins
17 and ends in the State of New York; (2)
18 representatives of that particular gas and
19 electric transportation company testify that
20 rates in fact go up as a result of their
21 activity in certain portions of the state; and
22 (3) where that particular applicant has sought
23 and did not receive an early designation to be
24 a National Interest Electric Transmission
25 Corridor under the Energy Policy Act of 2005.
Candyco Transcription Service, Inc.
(518) 371-8910
6007
1 Only if those three conditions are
2 met the power of eminent domain is eliminated.
3 Now, let me say this. I've worked
4 in the energy field for four years while I was
5 going to law school. I realize how important
6 it is to have the tool of eminent domain, for
7 purposes of, one, delivering utility to not
8 only parts of this state but part of the
9 United States; two, if we have to enhance
10 power, enhance our infrastructure, or enhance
11 reliability of our infrastructure.
12 So it's a necessary tool that we
13 must keep in order to serve the public good of
14 delivering gas and electric.
15 But the power of eminent domain can
16 be very destructive and traumatic for those
17 homeowners who are losing their homes or
18 having part of their homes or land diminished.
19 So only in the three conditions that I've
20 mentioned that the power of eminent domain is
21 removed.
22 ACTING PRESIDENT LITTLE: Senator
23 Schneiderman.
24 SENATOR SCHNEIDERMAN: Thank you,
25 Madam President. If the sponsor would yield
Candyco Transcription Service, Inc.
(518) 371-8910
6008
1 for a few questions.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 Senator Bonacic?
5 SENATOR BONACIC: Absolutely.
6 Yes, I do.
7 ACTING PRESIDENT LITTLE: The
8 Senator yields.
9 SENATOR SCHNEIDERMAN: I have
10 some concern about the effect of this. But I
11 have more concern about the drafting, which
12 I'm afraid might result in difficulties of
13 interpretation down the road.
14 The bill states that it only --
15 that the normal procedures for eminent domain
16 that we've followed for years in New York, and
17 that provide mechanisms for people to object
18 to the exercise of eminent domain by power
19 companies, will not apply to any merchant
20 transmission company which commences and ends
21 in the State of New York.
22 It doesn't refer to a transmission
23 line, it refers to a company. So the way I
24 read that, doesn't that say that the company
25 has to be incorporated and then dissolved in
Candyco Transcription Service, Inc.
(518) 371-8910
6009
1 the State of New York?
2 SENATOR BONACIC: It does not.
3 What it is is it is a transportation company
4 that is in the business of delivering or
5 transporting gas and/or electric within our
6 state. It does not speak of place of
7 incorporation.
8 SENATOR SCHNEIDERMAN: And
9 through you, Madam President, if the sponsor
10 would continue to yield.
11 SENATOR BONACIC: Yes.
12 ACTING PRESIDENT LITTLE: Thank
13 you. The Senator continues to yield.
14 SENATOR SCHNEIDERMAN: The next
15 section, next paragraph refers to that this
16 company's employees, agents, representatives
17 or assigns, having represented in testimony
18 that the construction of a power transmission
19 line will increase electric rates in any part
20 of the state.
21 Is there any restriction on where
22 that testimony could be? Sworn, at a hearing,
23 in court? Any definition of what that means?
24 SENATOR BONACIC: The short
25 answer is no.
Candyco Transcription Service, Inc.
(518) 371-8910
6010
1 SENATOR SCHNEIDERMAN: And
2 finally, in the next section, through you,
3 Madam President, is there any definition to
4 the term "early designation"?
5 SENATOR BONACIC: Excuse me,
6 Senator. You want to know what "early
7 national designation" means?
8 SENATOR SCHNEIDERMAN: Through
9 you, Madam President, yes, I'm interested in
10 knowing if early designation as a national
11 interest electric transmission, as opposed to
12 designation generally, is a term of art that's
13 defined anywhere in law or regulation.
14 SENATOR BONACIC: I understand
15 your question.
16 We are referring to the national
17 energy act of -- the Federal Energy Act of
18 2005. And when we speak of early special
19 national designation, it's with respect to an
20 application to the Department of Energy in
21 Washington.
22 SENATOR SCHNEIDERMAN: Thank you.
23 And through you, Madam President,
24 if the sponsor would continue to yield.
25 SENATOR BONACIC: Yes, I do.
Candyco Transcription Service, Inc.
(518) 371-8910
6011
1 ACTING PRESIDENT LITTLE: Senator
2 Bonacic continues to yield.
3 SENATOR SCHNEIDERMAN: So am I
4 correct in my understanding that the intent of
5 this is really to narrow the application of
6 the limitation this statute would imposed on
7 eminent domain power in New York State so that
8 it would clearly relate to one project and may
9 or may not relate to other projects, but a
10 particular project that is in fact on the
11 drawing board right now?
12 SENATOR BONACIC: The intent is
13 the language in the bill. If it meets the
14 three conditions in the future, then it will
15 also apply to a future company in the
16 transportation of gas and/or electric.
17 SENATOR SCHNEIDERMAN: Thank you,
18 Madam President. Thank the sponsor for his
19 answers. On the bill.
20 ACTING PRESIDENT LITTLE: On the
21 bill, Senator Schneiderman.
22 SENATOR SCHNEIDERMAN: I
23 understand that the testimony that's referred
24 to in this legislation included statements
25 that electric rates could conceivably go up in
Candyco Transcription Service, Inc.
(518) 371-8910
6012
1 some parts of Central New York while they
2 would probably go down in the Hudson River
3 Valley and some other parts of this state.
4 I realize that this is a problem
5 for people who are concerned about electric
6 rates, which are already too high. But I am
7 very concerned about us having special,
8 vaguely drafted requirements to limit the
9 exercise of eminent domain.
10 Eminent domain procedure provides
11 affected landowners the right to notice and
12 opportunity to oppose their land's
13 condemnation. It provides for a judicial
14 review, it provides for opportunities to
15 intervene.
16 This would circumvent that entire
17 process and essentially say, as to this
18 particular project, we're taking away the
19 power which other transmission companies
20 exercise all the time.
21 I do have a concern about it. I
22 also have a concern, quite frankly, about the
23 intervention in the market when we do need
24 additional transmission lines to the suburbs
25 of New York City, New York City, and Long
Candyco Transcription Service, Inc.
(518) 371-8910
6013
1 Island. I think this is a tremendous problem.
2 People talk about the need for more
3 power plants. The problem is that we have a
4 lot of power we can't get the transmission
5 lines that exist, because even though parts of
6 New York and upstate New York and Western New
7 York are in the grid where we're able to
8 access a lot of power from other parts of the
9 country and in fact in Canada, it can't get
10 through transmission lines to the suburbs and
11 the city. The result is much higher prices
12 there.
13 The project that is at issue I
14 think would reduce the prices, although I'm
15 not clear it would have a tremendously
16 beneficial effect. But I do have a concern
17 about the language of the statute. I do have
18 a concern about the lack of definition. When
19 you're talking about represented in testimony,
20 I suppose they could testify to each other or
21 hold their own hearing.
22 So I'm not sure it is as narrowly
23 tailored as the sponsor intends it to be. I
24 think this could very well create confusion
25 down the road, resulting in other companies
Candyco Transcription Service, Inc.
(518) 371-8910
6014
1 attempting to invoke this particular statute.
2 So my inclination is to vote
3 against this. I think that we do need more
4 transmission lines. I understand that it
5 burdens the people through whose neighborhoods
6 and properties the transmission lines run.
7 But it is something that I would be very, very
8 hesitant to vote against both because of the
9 drafting issues, the unprecedented
10 intervention in the eminent domain procedure,
11 and the effect of lessening the transmission
12 capacity to the suburbs, particularly, in this
13 case, the Hudson River Valley suburbs of
14 New York City.
15 Thank you, Madam President.
16 ACTING PRESIDENT LITTLE: Thank
17 you.
18 Senator Wright.
19 SENATOR WRIGHT: Thank you, Madam
20 President. On the bill.
21 ACTING PRESIDENT LITTLE: Thank
22 you. Senator Wright, on the bill.
23 SENATOR WRIGHT: I certainly
24 appreciate my colleague's efforts in
25 addressing the constituent concerns that have
Candyco Transcription Service, Inc.
(518) 371-8910
6015
1 been raised in his districts.
2 I had occasion about a week ago to
3 join four of my colleagues from both sides of
4 the aisle in Norwich, with some 500
5 individuals in attendance expressing their
6 concerns and opposition to this particular
7 line.
8 And I think, based on what I've
9 seen and know and have heard, that that's
10 consistent up and down this line. Whether
11 it's in Norwich or whether it's in Monticello
12 or Otisville, at the southern end, it's a
13 consistent opposition to the proposal that has
14 been advanced.
15 And I certainly appreciate,
16 understand, and respect the efforts of my
17 colleagues to try to address that concern in a
18 forthright manner.
19 Having said that, though, I
20 sincerely believe that this legislation is the
21 wrong approach. It does two things that
22 concern me.
23 Number one, it sends a very
24 chilling message to anyone who's looking to
25 invest in the energy field and make the
Candyco Transcription Service, Inc.
(518) 371-8910
6016
1 investments in the State of New York.
2 New York, as many others, has
3 encouraged private development to take on the
4 initiatives of transmission and generation, to
5 ensure that we have adequate capacity not only
6 for our existing needs but for future needs.
7 And this is the type of investment
8 that is required. Maybe not this particular
9 project, but it is the type of investment that
10 is required. And this sends a bad signal to
11 those individuals making that investment.
12 Secondly, and I think it's even
13 more compelling, is my concern that this sends
14 the wrong signal to the federal government.
15 It is because of legislation such as this that
16 we have the federal government injecting
17 itself into siting decisions in this state and
18 elsewhere, because they are becoming convinced
19 that we are incapable of achieving the needs
20 that our citizens and others have and, at the
21 same time, completing necessary projects, be
22 it electrical transmission, natural gas
23 transmission.
24 And so you've seen the federal
25 government set the stage, as it has with
Candyco Transcription Service, Inc.
(518) 371-8910
6017
1 natural gas, they're now doing with
2 electricity and this concept of essential
3 corridors.
4 My concern is that we are not in
5 effect defeating the need for essential
6 corridors but, by passing legislation like
7 this, we're demonstrating the need for federal
8 intervention. I think that sends the wrong
9 message to what we need to be doing in the
10 energy arena here in the state.
11 I have the same concerns my
12 colleagues have about this project. I think
13 there are more than one fatal flaws to the
14 project that will result in its demise.
15 I'm concerned that this
16 legislation, though, in a broader context has
17 a very adverse impact on our overall energy
18 future. And as a result, I will be voting no.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Senator Alesi.
22 SENATOR ALESI: Thank you, Madam
23 President.
24 I give great respect to Senator
25 Bonacic's approach and his attempt to solve a
Candyco Transcription Service, Inc.
(518) 371-8910
6018
1 problem that I'm sure is very close to his
2 heart.
3 But as one someone who has spent a
4 great deal of time on the issue of eminent
5 domain, and as someone who has just in this
6 house yesterday passed a bill that establishes
7 a commission to deal with eminent domain from
8 a comprehensive standpoint, I would have to
9 say that I cannot embrace a piecemeal approach
10 to the issue of eminent domain.
11 I think that -- again, with all
12 respect to my good friend and colleague -- tat
13 if we are going to approach this issue of
14 eminent domain, that we would be better served
15 to look at New York State from a very broad
16 viewpoint. When you look at the Niagara Falls
17 area, when you look at any other place in
18 New York State, you have to recognize that
19 there are many dissimilar approaches to the
20 transmission of energy, and yet the end result
21 hopefully is bring energy to the people in the
22 best possible way and at the cheapest possible
23 cost.
24 But that is done by companies who
25 have to make investments. And we cannot risk
Candyco Transcription Service, Inc.
(518) 371-8910
6019
1 discouraging those investments from being made
2 any more than we can risk the possible
3 disruption of the delivery of energy.
4 And so I would be very hopeful that
5 if the Assembly would pass the Commission on
6 Eminent Domain, that this would be one of the
7 kinds of issues that could be studied in a
8 comprehensive way rather than a piecemeal way,
9 and I believe that the state and its citizens
10 would be better served.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Senator Libous.
14 SENATOR LIBOUS: Thank you, Madam
15 President.
16 I have certainly great respect for
17 both Senator Wright, the chairman of the
18 Energy Committee, and Senator Alesi. And I
19 agree that, normally, doing something in
20 piecemeal fashion isn't the best way to do it.
21 But I join Senator Bonacic and my
22 colleagues that support this legislation,
23 because when you're representing the public
24 good, and in many cases you're protecting the
25 public, that is an obligation and a
Candyco Transcription Service, Inc.
(518) 371-8910
6020
1 responsibility that we have. And sometimes,
2 because of that, you have to do things in an
3 unorthodox fashion.
4 Senator Wright, I thank you and
5 applaud you for joining us in Norwich last
6 week. And I think, although as chairman of
7 the Energy Committee -- and I know you have a
8 global responsibility -- I think you saw that
9 it was very clear to all of us that this
10 particular project that this piece of
11 legislation would have an effect on would be
12 extremely detrimental to a major portion of
13 this state: disruptive to property owners,
14 disrespectful to property owners, disruptive
15 to the environment.
16 Incredibly disruptive to the
17 environment. I have some very serious
18 concerns about how it will disrupt our
19 environment, not only from a scenic --
20 beautiful, scenic environmental view that we
21 have in upstate New York but as far as
22 affecting our streams and water aquifers and a
23 whole host of environmental problems.
24 But I think what was really
25 bothersome is that while I understand that we
Candyco Transcription Service, Inc.
(518) 371-8910
6021
1 as a state have to have an extensive energy
2 policy and look for how we generate and create
3 energy in our state all over the state -- from
4 upstate to downstate to Long Island to
5 New York City -- this project, the individuals
6 who are pushing this project forward were
7 extremely evasive in what their intent was,
8 what their recommendations were, what their
9 solutions were and even to the point where it
10 was mentioned by Senator Schneiderman whether
11 this would have an effect on a New York State
12 company.
13 When I asked them where the company
14 was headquartered, they couldn't tell me.
15 When I asked them who paid their salary, they
16 couldn't tell me. When I shared with them
17 some additional subsidiaries, they said they
18 had no knowledge of those subsidiaries, but
19 directors of those subsidiaries actually
20 served as officers of their company. And in
21 one case was the treasurer that signed their
22 paycheck.
23 So I think that we have a
24 responsibility. And I applaud Senator
25 Bonacic, Senator Seward, Senator Meier, my
Candyco Transcription Service, Inc.
(518) 371-8910
6022
1 colleagues for joining me on this and moving
2 forward, because there comes a point in time
3 where maybe it isn't the perfect situation in
4 addressing energy policy, but this is for the
5 public good. And we will do everything we can
6 to protect the people that we represent.
7 And that's what this legislation
8 does. It protects them, it protects their
9 property.
10 Now, where I come from, Madam
11 President, property is probably the greatest
12 part of their individual wealth, whether they
13 be a farmer, whether they be an individual who
14 works in manufacturing. And to protect this
15 company that we don't really know where they
16 come from or where they exist, because they
17 couldn't disclose that, to protect them from
18 whomever these folks are I think is our
19 responsibility.
20 So I support Senator Bonacic and my
21 colleagues. This is a good piece of
22 legislation. This addresses a very specific
23 issue. This is a very serious issue at this
24 time. And I would urge my colleagues to join
25 us, because at some point in time in the
Candyco Transcription Service, Inc.
(518) 371-8910
6023
1 future they may have a very similar situation
2 in which the people they represent come to
3 them unanimously -- unanimously. No one is
4 for this specific project. No one has come to
5 me except for the three people who showed up
6 at the hearing who represent the company but
7 they don't know who pays them -- they're the
8 only three people who support this project.
9 So I would urge my colleagues to
10 join us in passing this very, very serious and
11 important legislation today.
12 ACTING PRESIDENT LITTLE: Thank
13 you.
14 Senator Bonacic.
15 SENATOR BONACIC: I wanted to --
16 I tried to respond to Senator Schneiderman's
17 questions, but I wanted to give a little
18 background of what we're dealing with.
19 Since the Federal Energy Act of
20 2005 was formed, what it did is it gave
21 incentives for a new breed of energy
22 companies, what we call a transporter of gas
23 and electric. They don't generate
24 electricity, they just deliver it.
25 And what it's done, it's opened the
Candyco Transcription Service, Inc.
(518) 371-8910
6024
1 door for what I call maverick energy
2 companies. Their sole purpose is profit,
3 greed, as much money as they could put in
4 their pocket. I know that's the American way
5 when you go in the private sector.
6 They are not regulated like Con
7 Edison, Central Hudson. Those energy
8 companies are what I call quasi-public. They
9 want to raise rates, they have to go and
10 justify why they do things.
11 But this new brand of energy
12 companies that are going to come forward --
13 and we've seen one emerge -- are not in the
14 best interests of the public that we serve
15 when they come to a hearing and give testimony
16 that as a result of their activity, rates,
17 electric rates are going to go up for
18 thousands and thousands of people at least 5
19 to 7 percent so they can deliver energy to
20 other parts of the state.
21 Now, we have a sponsor in the
22 Assembly. I have no memos in support or
23 opposition in my file on the amended version
24 of this bill, which were the three conditions
25 that I spoke about earlier. Originally there
Candyco Transcription Service, Inc.
(518) 371-8910
6025
1 were memos in opposition from the Business
2 Council, the Independent Power Producers, and
3 the Energy Association. But on the amended
4 bill, there's no opposition that I've received
5 in writing. And in fact, I have a memo of
6 support from the National Federation of
7 Independent Business on the amended bill.
8 So I just wanted to share some of
9 the background that we're dealing with a new
10 breed of company that's emerging. And when
11 they come in, and if they come in, to other
12 parts of the state where, as Senator Libous
13 spoke, that you will be affected adversely,
14 where rates will go up, then I say to you: We
15 don't have a good public policy when it comes
16 to allowing these transportation companies to
17 proliferate and profit excessively because
18 they're not regulated like others. They give
19 power to the wholesaler, who gives it to the
20 retailer. Okay? That's how it works.
21 And I can't imagine an energy
22 policy in this state that allows companies to
23 come in that hurt, hurt, a large portion of
24 people living in the State of New York to
25 either stabilize or give more energy to other
Candyco Transcription Service, Inc.
(518) 371-8910
6026
1 parts of the state. Because what might
2 benefit you today and hurts others, tomorrow
3 it will be reversed.
4 So it's rational for the State of
5 New York to step up, in that very limited,
6 very limited situation, to take away the power
7 of eminent domain for those kinds of maverick
8 energy companies.
9 I started this off -- and I respect
10 Senator Wright's remarks as the chair of the
11 Energy Committee. And I've said we need the
12 power of eminent domain to deliver energy.
13 But when it comes to these maverick
14 companies, in those limited situations in
15 meeting those three conditions that I believe
16 will safeguard all of the residents -- not
17 only today for a particular project that
18 several Senators don't like, but it protects
19 others when new ones come in that might affect
20 your constituents in an adverse way -- this is
21 a rational policy that the state can impose in
22 a very, very limited way in curtailing the
23 power of eminent domain.
24 And that is why I not only
25 sponsored the bill, I'm supporting it.
Candyco Transcription Service, Inc.
(518) 371-8910
6027
1 Thank you very much, Madam
2 President.
3 SENATOR SCHNEIDERMAN: Madam
4 President, if Senator Bonacic would yield for
5 a question, please.
6 ACTING PRESIDENT LITTLE: Senator
7 Bonacic, do you yield?
8 SENATOR BONACIC: I will, of
9 course.
10 ACTING PRESIDENT LITTLE: The
11 Senator yields.
12 SENATOR SCHNEIDERMAN: You
13 mentioned before that there were no memoranda
14 in opposition to the amended version of the
15 bill. Have you not received the memo from the
16 Energy Association of New York State in
17 opposition to the amended version?
18 SENATOR BONACIC: May I ask you
19 when is that dated?
20 SENATOR SCHNEIDERMAN: That is
21 dated June 21st. Does that not apply to this
22 bill?
23 SENATOR BONACIC: I don't have
24 that in my file, and I will take a look at it
25 if you --
Candyco Transcription Service, Inc.
(518) 371-8910
6028
1 SENATOR SCHNEIDERMAN: I will
2 send a copy over to you via emergency
3 messenger.
4 Thank you, Madam President.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Senator DeFrancisco.
8 SENATOR DeFRANCISCO: Yes, I rise
9 to support the bill. And I just want to
10 comment a little bit about the concept of
11 eminent domain.
12 Senator Alesi discussed the fact
13 that we have a bill that was passed yesterday
14 calling for a comprehensive study of eminent
15 domain. It basically calls for the
16 commencement of a commission 90 days after the
17 enactment of that particular bill, that law
18 once it's signed, and a report within a year
19 thereafter. And that's why I supported it,
20 because there's a short window.
21 However, the problem of eminent
22 domain is so serious in this state, especially
23 after the Kelo decision, which was decided
24 just about -- almost exactly a year ago,
25 giving -- affirming the state's broad rights
Candyco Transcription Service, Inc.
(518) 371-8910
6029
1 to take property of private individuals simply
2 because the ultimate taxes, property taxes
3 that will be received once the new developer
4 comes in will be more than what the previous
5 owner was paying. Now, that's a very
6 dangerous situation.
7 Certainly we should have a policy
8 that is consistent, a policy based upon a
9 comprehensive study. I can understand that.
10 However, in this session alone we passed an
11 eminent domain bill preventing the taking by a
12 municipality of a private golf course. That's
13 a specific instance, specific case. It was a
14 case that was compelling in my mind. I voted
15 for it. I thought it's a pretty onerous
16 situation to take over a private golf course
17 so the municipality can own the same golf
18 course. I mean, how amazing is that concept?
19 Well, that's the same thing we have
20 here with Senator Bonacic's bill. Eminent
21 domain abuses are occurring all over the state
22 every day of the week. And if there's an
23 emergency situation, if there's a situation
24 that's got to be addressed before this study
25 takes place or is completed, then certainly we
Candyco Transcription Service, Inc.
(518) 371-8910
6030
1 should act upon it for the people in that
2 district.
3 Just a point that some people might
4 know, since we handled the eminent domain
5 hearings in the Senate Judiciary Committee.
6 At least -- I know Senator Alesi handled them
7 throughout the state, but in the Senate
8 Judiciary Committee we had one here in Albany.
9 And during the course of the testimony, the
10 Bar Association of the State of New York
11 suggested that we have a study.
12 The last time there was a study by
13 the Bar Association, and the Senate and the
14 Assembly acted on it, it took seven years to
15 reform the eminent domain laws. We can't wait
16 that long.
17 So although the study makes sense,
18 although it's going to be an expeditious one
19 if the law is followed, and it will provide
20 much information that will help us make a
21 rational decision, in the meantime if there's
22 emergency situations that will protect the
23 residents of this state from the onerous abuse
24 of the broad powers of eminent domain that the
25 Supreme Court has affirmed, then we should
Candyco Transcription Service, Inc.
(518) 371-8910
6031
1 take action.
2 And I'm going to vote yes on this
3 bill.
4 ACTING PRESIDENT LITTLE: Thank
5 you.
6 Senator Meier.
7 SENATOR MEIER: Thank you, Madam
8 President. Just briefly, because Senator
9 Bonacic and others have covered this quite
10 well.
11 The grant of eminent domain powers
12 originally to construct these type of
13 transmission lines was done originally with,
14 as Senator Bonacic I think explained, the more
15 regularly recognized and regulated public
16 utilities in mind.
17 And when you think of it, because
18 of the fact that they're established in this
19 business, there is less likelihood that they
20 will use the power of eminent domain because
21 they are already in possession of existing
22 public utility easements, and therefore the
23 incentive is for them to use them and to use
24 the power of eminent domain sparingly if at
25 all. It is incentivized all in terms of
Candyco Transcription Service, Inc.
(518) 371-8910
6032
1 avoiding the use of eminent domain.
2 Now we have, in this new world, as
3 Senator Bonacic said, this new breed of
4 transmission company which people in my
5 district are dealing with now. At the hearing
6 that Senator Libous talked about, when you
7 asked them about the use of some alternative
8 routes, it's too expensive, too expensive, too
9 expensive.
10 But they're willing to take some of
11 the homes of some of the people who I
12 represent and who some of my colleagues who
13 have spoken on this bill represent, never mind
14 what it costs them. They're willing to take
15 some of the farms of some of the people that
16 some of my colleagues who have already spoken
17 represent. They don't worry about their
18 expense.
19 This bill corrects an injustice.
20 This bill corrects people who are willing to
21 throw the homeowners and the farm owners and
22 the small business people who are in the path
23 of this monstrosity, to throw their rights
24 away because it's too expensive for them to
25 use existing public rights of way.
Candyco Transcription Service, Inc.
(518) 371-8910
6033
1 And with all due respect to another
2 colleague who suggested we should wait until a
3 commission studies this, our constituents
4 don't have time for a commission to report
5 back. The time frame on this is a year from
6 the date of the filing of the application,
7 which occurred a couple of weeks ago.
8 This simply asks that these -- and
9 by the way, Senator Libous is absolutely
10 correct. If you want to get an idea about
11 what we're dealing with, he couldn't even get
12 them to establish their identity. Couldn't
13 even get them to establish where the darn
14 office is, let alone get some answers from
15 them about what they're all about.
16 This is a bill that stops an
17 injustice and prevents other similar
18 injustices from occurring in the past. And I
19 ask all of my colleagues on both sides of the
20 aisle to support it.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 Senator Valesky.
24 SENATOR VALESKY: Madam
25 President, would Senator Bonacic yield for a
Candyco Transcription Service, Inc.
(518) 371-8910
6034
1 question, please.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 Senator Bonacic, do you yield?
5 SENATOR BONACIC: I do.
6 ACTING PRESIDENT LITTLE: Thank
7 you.
8 The Senator yields.
9 SENATOR VALESKY: Thank you.
10 Senator Bonacic, if this bill is
11 approved today in both houses and signed into
12 law by the Governor, would it deny the power
13 of eminent domain to be exercised in the event
14 that a company known as New York Regional
15 Interconnect, which has an Article VII
16 application pending before the Public Service
17 Commission, would this law deny that company
18 the power of eminent domain?
19 SENATOR BONACIC: Senator, I
20 would rather not comment on any particular
21 company at this time, because this legislation
22 is generic.
23 If the three conditions are met and
24 the shoe fits, the answer is yes. But if the
25 shoe doesn't fit as to the three conditions,
Candyco Transcription Service, Inc.
(518) 371-8910
6035
1 the answer is no.
2 SENATOR VALESKY: Would the
3 Senator yield for another question.
4 SENATOR BONACIC: Yes.
5 ACTING PRESIDENT LITTLE: The
6 Senator yields.
7 SENATOR VALESKY: Thank you,
8 Senator Bonacic.
9 Are there applications pending
10 before the Public Service Commission for which
11 this law would apply? This bill, if it were
12 signed into law.
13 SENATOR BONACIC: I believe there
14 is.
15 SENATOR VALESKY: Okay. Thank
16 you.
17 On the bill, Madam President.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 Senator Valesky, on the bill.
21 SENATOR VALESKY: I want to thank
22 Senator Bonacic for drafting this legislation,
23 for bringing it before us today to debate.
24 As Senator Wright, the chairman of
25 the Energy Committee, has indicated before us,
Candyco Transcription Service, Inc.
(518) 371-8910
6036
1 as Senator Libous and Senator Meier have
2 commented earlier, there in fact is a company
3 that has submitted an application, an
4 Article VII application for construction of a
5 1200-megawatt electric transmission line
6 running 200 miles through nine mostly rural
7 counties, a project that has met with
8 overwhelming opposition among the people that
9 many of us on both sides of the aisle
10 represent.
11 And for a number of reasons, the
12 citizens of those nine counties are opposing
13 this project -- everything from studies that
14 show that construction of a power line such as
15 this could reduce their property values by up
16 to 50 percent, concerns about the health
17 impact of a transmission line such as the one
18 that has been proposed, the environmental
19 impact on a mostly rural area of the state and
20 finally, and perhaps most importantly, the
21 economic impact that this would mean for
22 upstate New York utility ratepayers.
23 This company has, in a Senate
24 Energy Committee hearing, admitted that if
25 this project were completed it would result,
Candyco Transcription Service, Inc.
(518) 371-8910
6037
1 over a 10-year period, an increase in upstate
2 energy costs by $160 million per year. An
3 increase of up to, of anywhere, I believe
4 Senator Bonacic indicated earlier, a 5 to
5 7 percent rate increase for upstate New York
6 ratepayers -- and, on the flip side, a
7 23 percent decrease downstate in electric
8 utility rates.
9 Now, I am certainly aware that we
10 have an issue in this state of transmission of
11 electricity. But I am asking my colleagues to
12 take into consideration the fact that we have
13 a proposal before the Public Service
14 Commission that, if approved, would result in
15 upstate electric utility ratepayers
16 subsidizing a transmission system and in fact
17 paying more for their electricity to the
18 benefit of downstate electric users.
19 This is not the way that we should
20 be going in terms of an energy policy in this
21 state. I understand people's concerns with
22 eminent domain. But I encourage them to look
23 at the way this bill is drafted, the narrow
24 fashion that this bill is drafted, and the
25 intent behind this bill, and I encourage all
Candyco Transcription Service, Inc.
(518) 371-8910
6038
1 of my colleagues on both sides of the aisle to
2 support this legislation.
3 And again, I want to thank Senator
4 Bonacic for bringing it to the floor.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Thank
7 you, Senator.
8 Senator Seward.
9 SENATOR SEWARD: Thank you, Madam
10 President.
11 I rise as a supporter and a
12 cosponsor of Senator Bonacic's legislation.
13 I certainly would agree with our
14 chair of Energy that we in fact do need a
15 comprehensive energy policy in the State of
16 New York which helps all ratepayers throughout
17 the State of New York, no question about it.
18 And I also agree with Senator
19 Alesi, who along with Senator Bonacic have
20 been real leaders in terms of eminent domain
21 reform, which we certainly need in light of
22 the Supreme Court decision of last year.
23 But there's no question that
24 Senator Bonacic's legislation is directed at
25 an immediate issue, an immediate problem which
Candyco Transcription Service, Inc.
(518) 371-8910
6039
1 is causing great fear and trepidation in
2 several counties in the upstate region. When
3 you get 500, 600, 800 people showing up at a
4 high school auditorium to discuss this
5 particular issue, you know there's great fear
6 and trepidation.
7 And when I think of eminent domain,
8 obviously, in the traditional sense, for good
9 public projects in communities, whether it be
10 a road, a sewer line, a bridge, a park,
11 whatever it is, if private property is taken,
12 certainly everyone in that community benefits,
13 including the one who is giving up his
14 property.
15 And even when our traditional
16 utility companies, transportation corporations
17 in the traditional sense, when they have used
18 eminent domain in the past, we all benefit.
19 Because when they're moving power from Point A
20 to Point B in a region, obviously that helps
21 all ratepayers and consumers in that
22 particular region.
23 But Senator Bonacic's legislation
24 is directed at a different animal here, a
25 different type of corporation. And I believe
Candyco Transcription Service, Inc.
(518) 371-8910
6040
1 this legislation is narrowly drawn to address
2 a particular situation whereby the people who
3 are being asked to give up their private
4 property, in most cases the single largest
5 investment that they have in their lives, to
6 give that up -- and in the case of many of our
7 farmers in the upstate region, they'd also be
8 giving up a whole way of life -- it seems to
9 me that the question should be asked, well,
10 what is that property owner who's giving up
11 his property getting in return? What is that
12 community in which he lives, what are they
13 getting in return?
14 And through questioning at our
15 Senate hearing in Norwich a week ago,
16 unfortunately, the answer was zippo. They're
17 getting nothing except -- except -- losing
18 their property, unsightly power lines, and a
19 higher cost for their electricity. Nothing
20 but negatives, and no positives.
21 And so I think Senator Bonacic is
22 on to something here. As we await more
23 comprehensive energy policy, as we await more
24 comprehensive eminent domain changes in this
25 state, dealing with a particular situation
Candyco Transcription Service, Inc.
(518) 371-8910
6041
1 which today is in Central New York --
2 tomorrow, it could be somewhere else. I think
3 that if a transmission line by one of these
4 corporations is to be constructed, it ought to
5 benefit all people, all consumers, all
6 ratepayers in the State of New York, not
7 causing harm on one group for the benefit of
8 others.
9 So I support Senator Bonacic's
10 legislation. It's carefully drawn, narrowly
11 drawn. I don't believe it's going to upset
12 either our efforts to reform eminent domain or
13 come up with sound energy policy in this
14 state.
15 And, Madam President, I
16 enthusiastically will be voting in the
17 affirmative.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 Senator Balboni.
21 SENATOR BALBONI: Madam
22 President, I rise, for me, in a situation that
23 I haven't had in several years: I do not know
24 my position on this legislation.
25 And so therefore I'd like to ask
Candyco Transcription Service, Inc.
(518) 371-8910
6042
1 the sponsor if he would yield for just a
2 couple of questions for clarification, to help
3 make up my mind.
4 ACTING PRESIDENT LITTLE: Senator
5 Bonacic, do you yield?
6 SENATOR BONACIC: I do.
7 ACTING PRESIDENT LITTLE: The
8 Senator yields.
9 SENATOR BALBONI: Thank you,
10 Madam President.
11 Senator Bonacic, in lines 6 and 7
12 of the bill what do you mean by "through its
13 employees, agents, representatives or assigns
14 has represented in testimony"? What is meant
15 by "represented in testimony"?
16 SENATOR BONACIC: I think that
17 was a question that Senator Schneiderman posed
18 earlier. But I don't mind repeating the
19 answer.
20 SENATOR BALBONI: You know what,
21 if you want, I could get the transcript.
22 SENATOR BONACIC: No, no, no.
23 And I didn't mean to be disrespectful,
24 Senator.
25 SENATOR BALBONI: I apologize.
Candyco Transcription Service, Inc.
(518) 371-8910
6043
1 It was Senator Bruno.
2 SENATOR BONACIC: But this was
3 before a Senate Energy Committee where
4 principals of this particular transportation
5 company came and gave testimony to a Senate
6 Energy Committee. That was the kind of
7 testimony I was referring to.
8 And furthermore, I understand in a
9 particular Public Service Commission filing
10 there's an admission by the same company of
11 increasing rates on several thousand of
12 ratepayers within a certain -- a large portion
13 of the State of New York.
14 SENATOR BALBONI: Madam
15 President, through you, then if the testimony
16 was elicited through another process -- say, a
17 court case, a federal regulatory hearing --
18 would that also constitute grounds for the
19 application of this statute?
20 SENATOR BONACIC: I think it
21 would, if it wasn't uncontested or disputed.
22 It was our intent, where it amounts
23 to an admission by representatives of the
24 power company, whether it's in an oral
25 declaration before witnesses, whether it was
Candyco Transcription Service, Inc.
(518) 371-8910
6044
1 sworn or unsworn, whether it was an
2 application, but it is an admission by that
3 particular applicant and its representatives
4 and/or employees that this is so. And
5 therefore, it's undisputable.
6 SENATOR BALBONI: Madam
7 President, through you, may I ask another
8 question.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 Senator Bonacic, do you continue to
12 yield?
13 SENATOR BONACIC: Of course.
14 ACTING PRESIDENT LITTLE: The
15 Senator yields.
16 SENATOR BALBONI: Senator
17 Bonacic, the line after that, line 8,
18 testimony to the effect that it will increase
19 electric rates in any part of the state.
20 Would you also take into account or
21 should we take into account the fact that this
22 might lower electric rates in another part of
23 the state?
24 SENATOR BONACIC: The legislation
25 talks specifically where the condition would
Candyco Transcription Service, Inc.
(518) 371-8910
6045
1 apply only with the raising of rates. There
2 is no consideration on the lowering of rates.
3 SENATOR BALBONI: So, Madam
4 President, through you, if I may ask another
5 question.
6 ACTING PRESIDENT LITTLE: Thank
7 you.
8 Senator Bonacic, do you continue to
9 yield?
10 SENATOR BONACIC: I do.
11 ACTING PRESIDENT LITTLE: The
12 Senator yields.
13 SENATOR BALBONI: So then,
14 Senator Bonacic, what would be your position
15 if this project raised rates in one part of
16 the state but lowered rates in another part of
17 the state and the net effect from a statewide
18 perspective was a wash? Would you wish this
19 proceeding to not have the ability to use
20 eminent domain?
21 SENATOR BONACIC: I think you
22 have to look at that question with the
23 other -- total of three conditions. You're
24 isolating one condition.
25 But if the line began and ended in
Candyco Transcription Service, Inc.
(518) 371-8910
6046
1 the state of New York, if a particular company
2 was rejected for an early national designation
3 under the Federal Energy Act of 2005, and they
4 raised rates on a substantial portion of
5 residents of the State of New York, in that
6 limited situation they would lose their right
7 of eminent domain.
8 SENATOR BALBONI: Madam
9 President, through you.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Senator Bonacic, do you continue to
13 yield?
14 SENATOR BONACIC: Yes, of course.
15 ACTING PRESIDENT LITTLE: The
16 Senator continues to yield.
17 SENATOR BALBONI: Senator
18 Bonacic, I appreciate your candor in this, but
19 I think that you are mentioning things that
20 are not contained within the language itself.
21 For example, "substantially impacted," that
22 language, that word is not in here. You talk
23 about a sworn admission. Again, "admitted in
24 testimony," not sworn. Again, it's a concept
25 that's missing from here.
Candyco Transcription Service, Inc.
(518) 371-8910
6047
1 I am concerned only because I have
2 never seen this language before. And as I
3 read this bill, and this is where I need your
4 guidance, I read these three conditions as
5 make-or-break conditions. In other words, the
6 way it is drafted, if any one of these
7 conditions is missing, then the company that
8 this would apply to would be able to use
9 eminent domain.
10 SENATOR BONACIC: That's correct.
11 SENATOR BALBONI: That is
12 correct?
13 ACTING PRESIDENT LITTLE: That's
14 correct.
15 SENATOR BALBONI: So then, Madam
16 President, through you --
17 ACTING PRESIDENT LITTLE:
18 Continue.
19 SENATOR BALBONI: -- then the
20 discussion as to whether or not this would
21 perhaps lower rates in another part of the
22 state is germane only because you talk about
23 the impact on a statewide basis, do you not?
24 SENATOR BONACIC: The bill speaks
25 for itself in terms of meeting three
Candyco Transcription Service, Inc.
(518) 371-8910
6048
1 conditions. And if those three conditions are
2 met, then that particular mercantile
3 transportation company loses their right of
4 eminent domain.
5 SENATOR BALBONI: Okay. Madam
6 President, just one more question, if I may
7 ask.
8 ACTING PRESIDENT LITTLE: Thank
9 you. Continue, Senator Balboni.
10 SENATOR BALBONI: This is a
11 Public Service Commission-regulated
12 transaction that we are discussing, based upon
13 prior colloquy. And therefore, there is a
14 process whereby the PSC will evaluate the
15 various aspects of this transaction and will
16 render its decision.
17 At this point in time do you have
18 any idea, any expectation or any indication as
19 to how the PSC will rule on this particular --
20 well, I shouldn't say particular -- the
21 referenced transaction of concern that Senator
22 Libous spoke about during the hearing and
23 others?
24 SENATOR BONACIC: As I understand
25 it, the purpose of the application before the
Candyco Transcription Service, Inc.
(518) 371-8910
6049
1 Public Service Commission will take a variety
2 of issues -- whether there's a need, how it
3 impacts the state, whether conditions have to
4 be granted to allow them to move forward,
5 whether it would be denied.
6 For example, I'm told when Marcy
7 South came through between 20, 25 years ago,
8 there were 21 adjudicated hearings before the
9 Public Service Commission. And I believe
10 there will be that same kind of activity that
11 will take place over 12 months to address a
12 variety of issues.
13 But if we pass this legislation,
14 this legislation only addresses one aspect,
15 the right of eminent domain of this company.
16 And if this were to become law and the Public
17 Service Commission application would go
18 forward, then they would have to negotiate,
19 with market value, for any takings not having
20 the right of eminent domain. If these three
21 conditions were met.
22 SENATOR BALBONI: Thank you very
23 much.
24 Madam President, on the bill.
25 ACTING PRESIDENT LITTLE: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
6050
1 you. Senator Balboni, on the bill.
2 SENATOR BALBONI: This debate and
3 legislation, as well as the legislation that I
4 offered to this house and passed on two
5 different occasions, are evidence of
6 frustration that we have. The first
7 frustration is over the eminent domain law.
8 And we are in good company, because every --
9 almost every state in the nation has addressed
10 some aspect of eminent domain, saying it is
11 just unfair to take somebody's home for a
12 public project.
13 Now, in my case, it was to take a
14 golf course. And whether or not that would
15 ever rise up to something where you could take
16 somebody's home, I would argue that it never
17 would. And the address that I chose was to go
18 to a specific reference in the environmental
19 law that said if it was in a groundwater
20 protection area, it couldn't be used in this
21 way.
22 This bill is of a broader
23 application. And when I consider the
24 implications, I think of the blackout of 2004.
25 And that points to the issue of the need for a
Candyco Transcription Service, Inc.
(518) 371-8910
6051
1 comprehensive energy plan in this state.
2 Senator Jim Wright has been trying to do that
3 for the longest time.
4 My concern, Senator Bonacic, is
5 that this bill as currently drafted has a very
6 specific application, is a local issue, but
7 could have statewide ramifications. And I
8 guess the thing I don't know, because I'm not
9 sitting here with the company, is would this
10 lower rates in, say, my district or on Long
11 Island as a whole, and is that a viable
12 consideration as we move forward on this
13 legislation.
14 However, I think -- unless you know
15 differently -- that this bill still has some
16 time for consideration in the other house. I
17 don't believe that the Assembly has this bill
18 on the calendar. And so there may be
19 opportunities to discuss this further. And
20 perhaps what you're doing is you are getting
21 the attention of the company that is being
22 nonresponsive.
23 And therefore, I'll support the
24 bill. I think, though, that there are huge
25 issues associated with this type of approach,
Candyco Transcription Service, Inc.
(518) 371-8910
6052
1 whether it's my bill or your bill, and we
2 really need a more comprehensive policy on
3 both eminent domain and energy.
4 Thank you, Madam President.
5 ACTING PRESIDENT LITTLE: Thank
6 you.
7 Is there any other Senator wishing
8 to be heard?
9 Senator Malcolm Smith.
10 SENATOR MALCOLM SMITH: Very
11 briefly, Madam President, on the bill.
12 ACTING PRESIDENT LITTLE: On the
13 bill.
14 SENATOR MALCOLM SMITH: I
15 listened to the debate, and clearly at one
16 point I was, as a downstater -- and I hate to
17 refer to myself that way, but at times we
18 must -- I had some concern about the bill.
19 But I will say my colleague Senator
20 Dave Valesky gave some compelling information,
21 compelling arguments, especially around the
22 economics of the impact of the bill, and due
23 to that I will be voting yes on this bill.
24 Thank you.
25 ACTING PRESIDENT LITTLE: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
6053
1 you.
2 Senator Larkin.
3 SENATOR LARKIN: Madam President,
4 the hour is getting late. The subject is well
5 documented. I think my colleagues that
6 support this legislation have clearly outlined
7 what our problems are and how we should
8 address them.
9 Senator Bonacic made a reference to
10 Marcy South. Those of you who were around and
11 listened to Marcy South, it was going to be a
12 Christmas tree in June. And, you know, they
13 were coming around with we're going to build a
14 ball field in your yard, we're going to put a
15 Christmas tree in yours, we're going to put a
16 baseball field in yours. And, you know, the
17 list got bigger and bigger and bigger, and the
18 response was less and less and less.
19 Now, they came to visit me, they
20 couldn't tell me who the lead sponsor in
21 Washington was for them. We now know who they
22 are. They couldn't who were some of the
23 engineers that were on the project. And the
24 question was asked about ownership and the
25 Canadian aspects of it.
Candyco Transcription Service, Inc.
(518) 371-8910
6054
1 But the real issue here is when you
2 think about it, this company come in and said:
3 We're going to build it. They started to hear
4 the flack that they were getting, and they
5 come up with two routes that they were going
6 to take this down. They put it all together,
7 they went into the Public Service Commission.
8 They didn't get the ability to ride over like
9 an ATV. And then they went and said, We're
10 going to bypass Albany, we're going to go to
11 the feds. And they did. And the feds said
12 thanks, but no thanks.
13 Now, there's a question here.
14 There's five legislators here that it affects
15 their specific district. There are eight
16 counties. The last time I looked and saw how
17 many people were in attendance in my area,
18 there was over 500. And the basic premise
19 was, What are you going to do? When are you
20 going to do it? How are you going to do it?
21 Now, I heard Senator Schneiderman
22 talk about the benefits it's going to be to
23 New York City. Well, you know, I'd like to
24 tell my colleagues in New York City that you
25 have some representatives in Washington who
Candyco Transcription Service, Inc.
(518) 371-8910
6055
1 said today they are adamantly opposed to the
2 project because it's a state issue of what the
3 going to happen here.
4 But the real issue is are we doing
5 something for the benefit of consumers in
6 New York, or are we doing it for a specific
7 effort to somebody to build? The issue that
8 came in Marcy South was never fulfilled. What
9 guarantees do we have that they will do this?
10 And then let's take an issue here.
11 Some of our people up in our neck of the woods
12 have been there for years, and now all of a
13 sudden somebody's going to come along and say,
14 you know, you lived here 30, 40, 50 years, get
15 the -- out. We're going to take over.
16 I think that's the wrong message.
17 I think if you go back and listen to some of
18 the stuff on the Supreme Court with the
19 Connecticut issue, the court was totally
20 wrong. We have a golden opportunity here. If
21 there is something to be done, let's spell it
22 out. Let's not be ashamed of what we're
23 talking about.
24 This is a serious issue. You have
25 eight counties, eight counties, not just a
Candyco Transcription Service, Inc.
(518) 371-8910
6056
1 mile and a half. I have people who asked for
2 maps, I have had a supervisor who asked for a
3 briefing. And it's: In due time, we'll do
4 it. Well, the due time is now and they
5 haven't produced.
6 So, Madam President, they can bring
7 all the ice cream and coffee they want and put
8 it on the plate, but this bill is the ideal
9 thing that we need to do, and we need to do it
10 now.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Does any other member wish to be
14 heard?
15 If not, then the debate is closed.
16 The Secretary will ring the bell.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT LITTLE: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT LITTLE: Senator
24 Morahan, to explain his vote.
25 SENATOR MORAHAN: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910
6057
1 Madam President.
2 This bill really brings a focus to
3 some of the arrogance that is displayed by
4 major utility companies as they travel through
5 our state, doing good things sometimes,
6 bringing us energy to heat our homes and to
7 light our lights, but at the same time, when
8 they're inaccessible or unaccessible to the
9 public, where they're not responsive to the
10 public, this sort of action starts to move
11 through the Senate.
12 So I commend Senator Bonacic, my
13 colleague Senator Larkin, and all those who
14 support this legislation. I rise to support
15 this legislation and be recorded in the
16 affirmative.
17 Thank you.
18 ACTING PRESIDENT LITTLE: Thank
19 you. Senator Morahan will be recorded in the
20 affirmative.
21 Senator LaValle, to explain his
22 vote.
23 SENATOR LaVALLE: Thank you,
24 Madam President.
25 There were -- Senator Balboni and I
Candyco Transcription Service, Inc.
(518) 371-8910
6058
1 were going back and forth about how we were
2 going to vote on this. But Senator Libous
3 said something that really hit home and
4 brought me back to the early days of serving
5 in this chamber when I was told by someone:
6 You know, someday your district will have a
7 problem and you will need the help and support
8 of your colleagues.
9 Senator Morahan hit the nail right
10 on the head. It is absolute arrogance by the
11 companies. And it's one of the reasons
12 Senator Wright has so many problems coming up
13 with a comprehensive plan. Because when we
14 talk about siting, they want to go through
15 people rather than talk to people.
16 And Senator Libous talked about how
17 everyone was in opposition to this but three
18 people at a hearing. Three people. And so
19 last time I realized the people that we
20 represent are very important, that we are
21 their extension.
22 And Senator Bonacic, Senator
23 Libous, Senator Meier, I am going to support
24 this legislation, because we need to be
25 helpful to one another in problems that I
Candyco Transcription Service, Inc.
(518) 371-8910
6059
1 might have in my district dealing with energy
2 parties, and I might be soliciting your
3 support and your vote.
4 I vote yes, Madam President.
5 ACTING PRESIDENT LITTLE: Senator
6 LaValle will be recorded in the affirmative.
7 Senator Liz Krueger, to explain her
8 vote.
9 SENATOR LIZ KRUEGER: Thank you,
10 Madam President.
11 Well, it was a fascinating and
12 confusing debate. What I think perhaps was
13 missing -- and I am voting no -- was we
14 sounded like we were arguing about eminent
15 domain and the need for energy, or the cost of
16 energy in one location versus another, but I
17 would argue that the real problem here is that
18 the State of New York, quote, unquote,
19 deregulated the energy industry and sort of
20 flunked the test of what we really need to be
21 doing for the people of New York, which is
22 ensuring that we have an expanded energy grid,
23 that we've got 21st century transmission lines
24 and service throughout the State of New York,
25 that we have a rational siting policy, which
Candyco Transcription Service, Inc.
(518) 371-8910
6060
1 we don't, for new, safe, clean-energy plants.
2 And so since we haven't done any of
3 that, since we haven't made a rational plan
4 for energy, for expanding energy, for siting
5 plants, for expanding our grid, for ensuring
6 we've got security in our grid to provide the
7 amount of utilities that are needed and will
8 be needed in the 21st century, and because
9 we've quasi-privatized energy, what used to be
10 considered utilities being allowed to have
11 eminent domain powers for public good ends up
12 being -- and I respect Senator Bonacic's point
13 on this -- what appears to be the use of
14 eminent domain for a private company.
15 But in fact, I would argue that the
16 real challenge for us is that supplying energy
17 has to be a public responsibility, and dealing
18 with how you site and expand your transmission
19 grid has to be a public responsibility.
20 And so while it is a hard industry
21 to love, the utility industry, I find that I
22 have to vote no on this bill, but urge that we
23 confront the bigger problem, which is ensuring
24 that we have a supply of energy adequate to
25 meet our 21st century needs, an adequate
Candyco Transcription Service, Inc.
(518) 371-8910
6061
1 expanded energy grid, transmission lines, and
2 working with communities to ensure fair access
3 and fair pricing throughout the State of
4 New York.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Thank
7 you. Senator Krueger, how do you vote?
8 SENATOR LIZ KRUEGER: I vote no.
9 ACTING PRESIDENT LITTLE: Thank
10 you. Senator Krueger will be recorded in the
11 negative.
12 Senator Wright, to explain his
13 vote.
14 SENATOR WRIGHT: Thank you, Madam
15 President.
16 I'll make this quick, because I do
17 in fact agree with the five sponsors of the
18 legislation, and I do in fact share the
19 concerns that they reflect relative to their
20 constituency.
21 But I would be remiss if I didn't
22 point out that this is not about deregulation.
23 This is not as a result of any deregulation.
24 Because in fact, as the sponsor pointed out,
25 the Public Service Commission has a proceeding
Candyco Transcription Service, Inc.
(518) 371-8910
6062
1 that has commenced. It's called an
2 Article VII, adopted by this Legislature in
3 the public law. It very clearly articulates a
4 process of review, very clearly allows for
5 cross-examination, very clearly provides for
6 public participation, and very clearly
7 requires numerous studies. There is a
8 process.
9 My concern, and my concern is very
10 simple, if we do not follow or utilize that
11 process as prescribed by law, we then open the
12 door to the federal government intervening and
13 taking the decisions out of our hands. That
14 concerns me to an extreme great deal in terms
15 of our ability to establish the energy policy
16 we want for this state.
17 As a result, I have to vote no,
18 Madam President.
19 ACTING PRESIDENT LITTLE: Thank
20 you. Senator Wright will be recorded in the
21 negative.
22 Senator Alesi, to explain his vote.
23 SENATOR ALESI: Thank you, Madam
24 President.
25 And I embrace the response given by
Candyco Transcription Service, Inc.
(518) 371-8910
6063
1 the chairman of the Senate Committee on
2 Energy.
3 And in voting no on this bill, I
4 would also like to point out that I embrace
5 and share the passion of the sponsor of this
6 bill in his desire to serve a specific need in
7 his area.
8 My concern in this issue, and I
9 raise the issue under the umbrella of eminent
10 domain, is that first of all we are taking
11 something that should be done on a far more
12 comprehensive basis and we're applying a
13 specific approach to it, thereby creating a
14 possible domino effect anytime somebody has
15 something specific to a particular region that
16 will affect the entire state.
17 And under those circumstances, and
18 given the example of Senator Balboni's golf
19 course -- that was a very specific issue. And
20 that doesn't impact anything or anyone else in
21 this state, but it was an eminent domain
22 issue. This impacts a specific area and a
23 specific issue, but it can impact the entire
24 state.
25 And based on that, and based on the
Candyco Transcription Service, Inc.
(518) 371-8910
6064
1 explanation given by the chairman of Energy
2 that there is a process in place, there are
3 laws and there are rules already for
4 applications, that I have to vote no on this
5 particular issue.
6 ACTING PRESIDENT LITTLE: Thank
7 you. Senator Alesi will be recorded in the
8 negative.
9 Senator Oppenheimer, to explain her
10 vote.
11 SENATOR OPPENHEIMER: I've been
12 on both sides of this, so it's really getting
13 very -- I'm coming down on the negative.
14 And I agree very much with what
15 Senator Krueger says. We have no siting law,
16 we have done nothing on transmission lines. I
17 mean, there's so much work to be done here.
18 And in the long run -- you know, we
19 environmentalists are sometimes accused of not
20 permitting anything to happen because it will
21 mar our properties and the beauty of our land.
22 And I feel that there's a need here
23 for us to bring energy down to the southern
24 part of the state. We all know that. We've
25 done nothing on siting. I mean, we have to
Candyco Transcription Service, Inc.
(518) 371-8910
6065
1 have some answers here.
2 And I certainly empathize with what
3 Senator Bonacic is saying. But I'm going to
4 come down on the negative here and hope that
5 we can address this in a comprehensive
6 fashion. Because we're going to look pretty
7 foolish if we run out of power in the next
8 five years and haven't done anything.
9 ACTING PRESIDENT LITTLE: Thank
10 you. Senator Oppenheimer will be recorded in
11 the negative.
12 Senator Schneiderman, to explain
13 his vote.
14 SENATOR SCHNEIDERMAN: Thank you,
15 Madam President.
16 This has been a very informative
17 debate, and I find that I am also conflicted,
18 as several of my colleagues have indicated.
19 The area that would benefit the most from
20 this -- the northern suburbs of the city,
21 Westchester, Rockland, Orange counties, that
22 area -- would, as Senator Valesky points out,
23 and that the company has admitted this, do so
24 at the expense of people in another part of
25 the state.
Candyco Transcription Service, Inc.
(518) 371-8910
6066
1 I am troubled by that. And I hope
2 that my colleagues who are in support of this
3 for that reason will also join with those of
4 us from the city and other parts of the
5 state -- Buffalo, Rochester, Albany -- in
6 dealing with the issue of school funding,
7 where there are parts of the state that are
8 suffering greatly from the existing school
9 funding formula while some other areas
10 benefit.
11 It is a very troubling thing, when
12 we're all supposed to be working together, to
13 have some areas benefit at the expense of
14 others. But I find that in this particular
15 case, the argument is just very, very
16 difficult to deal with that we should alter
17 the eminent domain procedure for this one
18 particular project.
19 As Senator Wright has mentioned and
20 Senator Oppenheimer just mentioned, we are
21 trying to do a comprehensive energy plan, we
22 are trying to change the laws relating to the
23 siting of power plants. We've been unable to
24 accomplish it. I suppose this is sort of the
25 last-ditch effort to put some duct tape over
Candyco Transcription Service, Inc.
(518) 371-8910
6067
1 this particular problem, which affects, I
2 gather, many, many constituents of my
3 colleagues in Central New York.
4 I think that under the
5 circumstances, however, I have to object to
6 the Band-Aid approach, impressed as I am and
7 compelled as I am by the argument that Senator
8 Valesky and others have raised -- Senator
9 Seward -- that we're talking about harming,
10 really, an admission by a company that it's
11 going to cost money, it's going to harm one
12 group of New Yorkers and possibly benefit
13 another.
14 And I understand very well Senator
15 Larkin's statement. We get a lot of companies
16 coming through here making big promises.
17 I don't think this is the proper
18 way to proceed, however, Madam President, and
19 I therefore will be voting no, but with
20 gratitude to my colleagues for bringing these
21 issues out, in the hope that we'll come up
22 with a better way to deal with this issue down
23 the road.
24 Thank you.
25 ACTING PRESIDENT LITTLE: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
6068
1 you. Senator Schneiderman will be recorded in
2 the negative.
3 The Secretary will announce the
4 results.
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 2221 are
7 Senators Alesi, Andrews, Connor, Coppola,
8 Gonzalez, L. Krueger, Onorato, Oppenheimer,
9 Parker, Sabini, Schneiderman, Serrano,
10 A. Smith, Stavisky and Wright.
11 Absent from voting: Senator
12 C. Kruger.
13 Ayes, 45. Nays, 15.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 Senator Robach.
17 SENATOR ROBACH: Yes, Madam
18 President. There will be an immediate meeting
19 of the Rules Committee in the Majority
20 Conference Room.
21 The Senate will stand at ease
22 pending the completion of that committee
23 meeting.
24 ACTING PRESIDENT LITTLE: Thank
25 you. Immediate meeting of the Rules Committee
Candyco Transcription Service, Inc.
(518) 371-8910
6069
1 in the Senate Conference Room.
2 The Senate stands at ease.
3 (Whereupon, the Senate stood at
4 ease at 2:49 p.m.)
5 (Whereupon, the Senate reconvened
6 at 3:05 p.m.)
7 ACTING PRESIDENT LITTLE: Senator
8 Robach.
9 SENATOR ROBACH: Yes, Madam
10 President. If we could return to reports of
11 standing committees, there is a report of the
12 Rules Committee at the desk.
13 ACTING PRESIDENT LITTLE: Reports
14 of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 1696B, by Senator
20 Johnson, an act to amend the Retirement and
21 Social Security Law;
22 1918, by Senator Robach, an act to
23 amend the State Law;
24 2207C, by Senator Nozzolio, an act
25 to amend the Correction Law;
Candyco Transcription Service, Inc.
(518) 371-8910
6070
1 3061A, by Senator Alesi, an act to
2 establish;
3 7202, by Senator Golden, an act to
4 amend the Public Officers Law;
5 7268A, by Senator Alesi, an act to
6 amend the Public Health Law;
7 8095A, by Senator Winner, an act to
8 authorize;
9 8113, by Senator Little, an act to
10 amend the Real Property Tax Law;
11 8185, by Senator Marcellino, an act
12 to amend the Environmental Conservation Law;
13 8433, by Senator Paterson, an act
14 to authorize;
15 8440, by Senator Wright, an act to
16 amend the Economic Development Law;
17 8467, by Senator Golden, an act to
18 amend the Penal Law;
19 And Assembly Print 5399A, by Member
20 of the Assembly Abbate, an act to amend the
21 Workers' Compensation Law.
22 All bills ordered direct to third
23 reading.
24 ACTING PRESIDENT LITTLE: Senator
25 Robach.
Candyco Transcription Service, Inc.
(518) 371-8910
6071
1 SENATOR ROBACH: Madam President,
2 could we move to accept the Rules report.
3 ACTING PRESIDENT LITTLE: Thank
4 you. All those in favor of accepting the
5 Rules report signify by saying aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT LITTLE: Those
8 opposed, nay.
9 (No response.)
10 ACTING PRESIDENT LITTLE: The
11 Rules report is accepted.
12 Senator Robach.
13 SENATOR ROBACH: Madam President,
14 there has been a supplemental calendar
15 distributed, Number 62B. If we could go to
16 the noncontroversial reading of that calendar,
17 please.
18 ACTING PRESIDENT LITTLE: The
19 Secretary will read Senate Supplemental
20 Calendar Number 62B.
21 THE SECRETARY: Calendar Number
22 2237, by Senator Johnson, Senate Print 1696B,
23 an act to amend the Retirement and Social
24 Security Law and the Military Law.
25 ACTING PRESIDENT LITTLE: Read
Candyco Transcription Service, Inc.
(518) 371-8910
6072
1 the last section.
2 THE SECRETARY: Section 3. 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, 61.
8 ACTING PRESIDENT LITTLE: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 2238, Senator Robach moves to
12 discharge, from the Committee on Rules,
13 Assembly Bill Number 2685 and substitute it
14 for the identical Senate Bill Number 1918,
15 Third Reading Calendar 2238.
16 ACTING PRESIDENT LITTLE:
17 Substitution ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 2238, by Member of the Assembly Morelle,
21 Assembly Print Number 2685, an act to amend
22 the State Law.
23 ACTING PRESIDENT LITTLE: Read
24 the last section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
6073
1 act shall take effect immediately.
2 ACTING PRESIDENT LITTLE: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 THE SECRETARY: In relation to
9 Calendar Number 2239, Senator Nozzolio moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 3926A and substitute it
12 for the identical Senate Bill Number 2207C,
13 Third Reading Calendar 2239.
14 ACTING PRESIDENT LITTLE:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 2239, by Member of the Assembly Aubry,
19 Assembly Print Number 3926A, an act to amend
20 the Correction Law.
21 ACTING PRESIDENT LITTLE: Read
22 the last section.
23 THE SECRETARY: Section 6. This
24 act shall take effect 18 months after it shall
25 have become a law.
Candyco Transcription Service, Inc.
(518) 371-8910
6074
1 ACTING PRESIDENT LITTLE: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT LITTLE: Senator
5 Krueger, to explain her vote.
6 SENATOR LIZ KRUEGER: Thank you,
7 Madam President.
8 I rise to thank Senator Nozzolio
9 for getting this bill to the floor and passed
10 through the Senate today. It's a critically
11 important bill for so many people who have
12 been so unjustifiably treated so badly in our
13 prison system when they needed good quality
14 mental health care services.
15 So we do not always agree on every
16 bill that comes before us, but I wanted to
17 stand up to recognize him for his very good
18 work to accomplish this today. Thank you,
19 Senator.
20 I'll be voting yes. Thank you,
21 Madam President.
22 ACTING PRESIDENT LITTLE: Senator
23 Krueger will be recorded in the affirmative.
24 Senator Nozzolio, to explain his
25 vote.
Candyco Transcription Service, Inc.
(518) 371-8910
6075
1 SENATOR NOZZOLIO: Thank you,
2 Madam President. I rise to explain my vote.
3 I thank all my colleagues for
4 supporting this measure, particularly Senator
5 Volker, who was very instrumental in its
6 development. That what we will see here is a
7 process in New York that will establish safer
8 prisons and more humane prisons. That is the
9 objective of all of us.
10 It will lead to greater
11 rehabilitation for those inmates who are
12 behind bars. It will create a more safe
13 environment for our correction officers and
14 other correctional personnel. And I thank my
15 colleagues for supporting this measure.
16 ACTING PRESIDENT LITTLE: Thank
17 you. Senator Nozzolio will be recorded in the
18 affirmative.
19 Senator Duane, to explain his vote.
20 SENATOR DUANE: Thank you, Madam
21 President.
22 I want to thank Senator Nozzolio
23 for his work and stewardship of this
24 legislation.
25 Many of you know I've actually been
Candyco Transcription Service, Inc.
(518) 371-8910
6076
1 through, visited SHUs and people in SHUs. And
2 I just really, really from the bottom of my
3 heart, want to commend Senator Nozzolio for
4 his work on this. Thank you very, very much.
5 Thank you, Madam President. I vote
6 yes.
7 ACTING PRESIDENT LITTLE: Thank
8 you. Senator Duane will be recorded in the
9 affirmative.
10 Senator Morahan, to explain his
11 vote.
12 SENATOR MORAHAN: Thank you,
13 Madam President.
14 I rise to congratulate Senator
15 Nozzolio for passing this bill. I was
16 delighted to be a cosponsor, as the chair of
17 the Mental Health Committee.
18 This SHU bill, if you will, has
19 been very difficult to move. It has great
20 support with the families of those who are
21 incarcerated and suffer with a mental disease.
22 And I think it's a tribute to the
23 Corrections Department as well that we're
24 willing now to train our people, if you will,
25 to make a difference between behavior that is
Candyco Transcription Service, Inc.
(518) 371-8910
6077
1 just behavior for no good purpose versus
2 behavior resulting from a mental disease.
3 So congratulations, Senator
4 Nozzolio. I thank you on behalf of all those
5 families who have appealed to us over the
6 years for this sort of legislation. Job well
7 done.
8 Thank you.
9 ACTING PRESIDENT LITTLE: Senator
10 Morahan will be recorded in the affirmative.
11 The Secretary will announce the
12 results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT LITTLE: The
15 bill is passed.
16 THE SECRETARY: In relation to
17 Calendar Number 2240, Senator Alesi moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 6905 and substitute it
20 for the identical Senate Bill Number 3061A,
21 Third Reading Calendar 2240.
22 ACTING PRESIDENT LITTLE:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
6078
1 2240, by Member of the Assembly Englebright,
2 Assembly Print Number 6905, an act to
3 establish an advisory council.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60. Nays,
12 1. Senator Duane recorded in the negative.
13 ACTING PRESIDENT LITTLE: The
14 bill is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 2228, Senator Golden moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 9707 and substitute it
19 for the identical Senate Bill Number 7202,
20 Third Reading Calendar 2228.
21 ACTING PRESIDENT LITTLE:
22 Substitution ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2228, by Member of the Assembly Abbate,
Candyco Transcription Service, Inc.
(518) 371-8910
6079
1 Assembly Print Number 9707, an act to amend
2 the Public Officers Law.
3 ACTING PRESIDENT LITTLE: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT LITTLE: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT LITTLE: Senator
11 Schneiderman, to explain his vote.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Madam President.
14 I have voted against this bill and
15 similar bills in the past, as have quite a few
16 of my colleagues. Really very simply, because
17 we're advised by the Mayor of the City of
18 New York, and we have no reason to doubt it,
19 that there's no recruitment or retention
20 problem for fire dispatchers that would
21 warrant an exception to the rule that people
22 live in the city where they're employed.
23 I think, generally speaking, there
24 are quite a few of us here who believe that
25 residency requirements are good. We have
Candyco Transcription Service, Inc.
(518) 371-8910
6080
1 large areas of New York City with tremendous
2 unemployment where we have qualified people
3 for these positions. And there simply is no
4 need to provide an exemption, sympathetic as
5 we are to the issue of fire dispatchers being
6 treated the same as other members of the
7 uniformed force.
8 So I will be continuing to vote in
9 the negative, Madam President.
10 ACTING PRESIDENT LITTLE: Thank
11 you. Senator Schneiderman will be recorded in
12 the negative.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 2228 are
15 Senators Diaz, Dilan, Gonzalez, Klein, Parker,
16 Paterson, Schneiderman and Serrano.
17 Ayes, 53. Nays, 8.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 2229, by Senator Alesi, Senate Print 7268A, an
22 act to amend the Public Health Law.
23 ACTING PRESIDENT LITTLE: Read
24 the last section.
25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(518) 371-8910
6081
1 act shall take effect on the 180th day.
2 ACTING PRESIDENT LITTLE: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT LITTLE: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2230, by Senator Winner, Senate Print 8095A,
10 an act to authorize the reimbursement of
11 certain expenditures.
12 ACTING PRESIDENT LITTLE: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT LITTLE: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT LITTLE: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2231, Senator Little moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 11520 and substitute it
Candyco Transcription Service, Inc.
(518) 371-8910
6082
1 for the identical Senate Bill Number 8113,
2 Third Reading Calendar 2231.
3 ACTING PRESIDENT LITTLE:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2231, by Member of the Assembly Friedman,
8 Assembly Print Number 11520, an act to amend
9 the Real Property Tax Law.
10 ACTING PRESIDENT LITTLE: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT LITTLE: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 2232, Senator Marcellino moves
22 to discharge, from the Committee on Rules,
23 Assembly Bill Number 11340 and substitute it
24 for the identical Senate Bill Number 8185,
25 Third Reading Calendar 2232.
Candyco Transcription Service, Inc.
(518) 371-8910
6083
1 ACTING PRESIDENT LITTLE: The
2 substitution is ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 2232, by Member of the Assembly Grannis,
6 Assembly Print Number 11340, an act to amend
7 the Environmental Conservation Law.
8 ACTING PRESIDENT LITTLE: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT LITTLE: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT LITTLE: Senator
16 Serrano, to explain his vote.
17 SENATOR SERRANO: Thank you,
18 Madam President.
19 I want to congratulate Senator
20 Marcellino for putting this bill forward.
21 I introduced a very similar piece
22 of legislation here in the Senate, and I've
23 been working on this issue since my days in
24 the New York City Council.
25 Diesel emissions are one of the
Candyco Transcription Service, Inc.
(518) 371-8910
6084
1 biggest causes of childhood asthma, especially
2 in poor areas throughout the state, such as
3 the areas that I represent in East Harlem and
4 the South Bronx. We have to do more, and this
5 bill will go some ways to ensuring that we
6 have the cleanest technology, the cleanest
7 fuel technology that we could possibly have
8 for the trucks going through the state.
9 So I think that this is a very
10 positive step. I'm glad to see that this bill
11 is on the floor. And I look forward to it
12 becoming law. Thank you.
13 ACTING PRESIDENT LITTLE: Thank
14 you. Senator Serrano will be recorded in the
15 affirmative.
16 The Secretary will announce the
17 results.
18 THE SECRETARY: Ayes, 60. Nays,
19 1. Senator Little recorded in the negative.
20 ACTING PRESIDENT LITTLE: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2233, Senator Paterson moves
24 to discharge, from the Committee on Rules,
25 Assembly Bill Number 11989 and substitute it
Candyco Transcription Service, Inc.
(518) 371-8910
6085
1 for the identical Senate Bill Number 8433,
2 Third Reading Calendar 2233.
3 ACTING PRESIDENT LITTLE:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2233, by the Assembly Committee on Rules,
8 Assembly Print Number 11989, an act to
9 authorize the City of New York.
10 ACTING PRESIDENT LITTLE: There
11 is 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 LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 2234, Senator Wright moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 12013 and substitute it
25 for the identical Senate Bill Number 8440,
Candyco Transcription Service, Inc.
(518) 371-8910
6086
1 Third Reading Calendar 2234.
2 SENATOR ROBACH: Lay it aside
3 temporarily.
4 ACTING PRESIDENT LITTLE: The
5 substitution is ordered.
6 The bill is laid aside temporarily.
7 THE SECRETARY: Calendar Number
8 2235, by Senator Golden, Senate Print 8467, an
9 act to amend the Penal Law.
10 ACTING PRESIDENT LITTLE: Senator
11 Robach.
12 SENATOR ROBACH: Is there a
13 message of necessity at the desk, Madam
14 President?
15 ACTING PRESIDENT LITTLE: Yes,
16 there is.
17 SENATOR ROBACH: Move to accept.
18 ACTING PRESIDENT LITTLE: All
19 those in favor of accepting the message of
20 necessity say aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT LITTLE:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT LITTLE: The
Candyco Transcription Service, Inc.
(518) 371-8910
6087
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 first of
6 November.
7 ACTING PRESIDENT LITTLE: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT LITTLE: Senator
11 Golden, to explain his vote.
12 SENATOR GOLDEN: Madam President,
13 I rise to explain my vote, and I thank you for
14 recognizing me.
15 I want to thank both sides of this
16 room and the Senate and to thank the Assembly
17 for coming together on a bill, a very
18 important bill that is an extension of the
19 work that we did back in December, crimes
20 against police officers, and trying and
21 attempting to remove illegal guns off the
22 streets of the city and state of New York.
23 What this does is raise the
24 possession of an illegal gun from a D felony
25 to a C felony and guarantees that the
Candyco Transcription Service, Inc.
(518) 371-8910
6088
1 individual that's caught carrying that gun
2 will do time in jail.
3 In 2004, 4800 gun arrests were
4 made. Less than 1200 did any time in jail at
5 all, and less than 143 did more than a year.
6 We were telling the bad guys it was all right
7 to go out there with guns, to shoot and to
8 kill.
9 And we've killed six New York City
10 and New York State officers in the past 18
11 months [sic], and we gunned down nine between
12 the months of June and December of last year,
13 and this year so far six, with one being shot
14 two weekends ago up here in Elmira.
15 So again, I want to thank all of my
16 colleagues for guaranteeing that anybody
17 caught with an illegal gun will do time in
18 jail. And I want to point out Danielle
19 Leidner, from the Intergovernmental Affairs
20 Office of the New York City Mayor's office,
21 for working with us and doing such a great job
22 in writing this bill and giving us the
23 opportunity to get this bill passed.
24 I vote aye. Thank you, Madam
25 President.
Candyco Transcription Service, Inc.
(518) 371-8910
6089
1 ACTING PRESIDENT LITTLE: Thank
2 you. Senator Golden will be recorded in the
3 affirmative.
4 The Secretary will announce the
5 results.
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 2236, by Member of the Assembly Abbate,
11 Assembly Print Number 5399A, an act to amend
12 the Workers' Compensation Law.
13 ACTING PRESIDENT LITTLE: Read
14 the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect January 1, 2007.
17 ACTING PRESIDENT LITTLE: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT LITTLE: The
22 bill is passed.
23 Senator Robach, that completes the
24 reading of the noncontroversial calendar,
25 Calendar Number 62B.
Candyco Transcription Service, Inc.
(518) 371-8910
6090
1 SENATOR ROBACH: Madam President,
2 there's a supplemental active list that has
3 been distributed to the members. If we could
4 go to the noncontroversial reading of that,
5 starting with Calendar 213.
6 ACTING PRESIDENT LITTLE: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 213, by Senator Leibell, Senate Print 5674, an
10 act to amend the Public Authorities Law.
11 ACTING PRESIDENT LITTLE: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT LITTLE: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 957, by Senator LaValle, Senate Print 6999, an
23 act to authorize payment.
24 ACTING PRESIDENT LITTLE: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
6091
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT LITTLE: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT LITTLE: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1039, by Senator Nozzolio, Senate Print
11 1272 --
12 SENATOR HASSELL-THOMPSON: Lay it
13 aside.
14 ACTING PRESIDENT LITTLE: The
15 bill is laid aside.
16 THE SECRETARY: In relation to
17 Calendar Number 1524, Senator Little moves to
18 discharge, from the Committee on Local
19 Government, Assembly Bill Number 1600A and
20 substitute it for the identical Senate Bill
21 Number 3246B, Third Reading Calendar 1524.
22 ACTING PRESIDENT LITTLE:
23 Substitution ordered.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
6092
1 1524, by Member of the Assembly Sweeney,
2 Assembly Print Number 1600A, an act to amend
3 the General Municipal Law.
4 ACTING PRESIDENT LITTLE: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60. Nays,
12 1. Senator Duane recorded in the negative.
13 ACTING PRESIDENT LITTLE: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1562, by Senator Farley, Senate Print 7431A,
17 an act to amend the Banking Law.
18 SENATOR HASSELL-THOMPSON: Lay it
19 aside.
20 ACTING PRESIDENT LITTLE: The
21 bill is laid aside.
22 THE SECRETARY: Calendar Number
23 1608, by Senator Rath, Senate Print 6658, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT LITTLE: There
Candyco Transcription Service, Inc.
(518) 371-8910
6093
1 is a local fiscal impact note at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of April
5 next succeeding.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59. Nays,
10 2. Senators Duane and L. Krueger recorded in
11 the negative.
12 ACTING PRESIDENT LITTLE: The
13 bill is passed.
14 Senator Robach.
15 SENATOR ROBACH: Yes, Madam
16 President. If we could return to motions and
17 resolutions and call on Senator Flanagan,
18 please.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Motions and resolutions.
22 Senator Flanagan.
23 SENATOR FLANAGAN: Thank you,
24 Madam President.
25 On behalf of Senator Winner, I'd
Candyco Transcription Service, Inc.
(518) 371-8910
6094
1 like to call up Senate Print Number 3531A,
2 which is at the desk.
3 ACTING PRESIDENT LITTLE: The
4 Secretary will read.
5 THE SECRETARY: Senate Print
6 2148, by Senator Winner, Senate Print 3531A,
7 an act to amend the Workers' Compensation Law.
8 SENATOR FLANAGAN: Madam
9 President, I now move to reconsider the vote
10 by which the bill passed the house and ask
11 that it be restored to third reading.
12 ACTING PRESIDENT LITTLE: The
13 Secretary will call the roll on
14 reconsideration of the vote.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT LITTLE: The
18 bill is restored to the Third Reading
19 Calendar.
20 Senator Robach.
21 SENATOR ROBACH: Madam President,
22 there is a resolution at the desk by Senator
23 LaValle. If we could have the title read and
24 move for its immediate adoption.
25 ACTING PRESIDENT LITTLE: The
Candyco Transcription Service, Inc.
(518) 371-8910
6095
1 Secretary will read.
2 THE SECRETARY: By Senator
3 LaValle, Legislative Resolution Number 6267,
4 commending the Suffolk County Clerk's staff
5 upon the occasion of the Suffolk County
6 Clerk's Office's designation by the Center for
7 Digital Government and Government Technology
8 as the recipient of the 2006 Best of New York
9 Award for the Project Best Advancing Service
10 to the Public.
11 ACTING PRESIDENT LITTLE: On the
12 resolution, all in favor signify by saying
13 aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT LITTLE:
16 Opposed, nay.
17 (No response.)
18 ACTING PRESIDENT LITTLE: The
19 resolution is adopted.
20 Senator Robach.
21 SENATOR ROBACH: Yes, Madam
22 President. There is a resolution at the desk
23 by myself. If we could read the title and
24 move for its adoption, please.
25 ACTING PRESIDENT LITTLE: The
Candyco Transcription Service, Inc.
(518) 371-8910
6096
1 Secretary will read.
2 THE SECRETARY: By Senator
3 Robach, Legislative Resolution Number 6266,
4 urging the New York State Congressional
5 Delegation to preclude approval of any of the
6 recommendations of the Lake Ontario-St.
7 Lawrence River Study Board without ensuring
8 fair treatment of the counties which surround
9 Lake Ontario and protecting the interests of
10 its south shore communities.
11 ACTING PRESIDENT LITTLE: All
12 those in favor of adopting the resolution
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT LITTLE: All
16 those opposed.
17 (Response of "Nay.")
18 ACTING PRESIDENT LITTLE: We will
19 reflect Senator Wright as opposed to the
20 resolution.
21 The resolution is carried.
22 Senator Robach.
23 SENATOR ROBACH: Yes, Madam
24 President. There is another resolution at the
25 desk, by Senator Larkin. If we could have it
Candyco Transcription Service, Inc.
(518) 371-8910
6097
1 read in its entirety and move for its
2 adoption, please.
3 ACTING PRESIDENT LITTLE: The
4 Secretary will read.
5 THE SECRETARY: By Senators
6 Larkin, Wright, Little and Meier, Legislative
7 Resolution Number 5901, urging the New York
8 State Congressional delegation to recommend
9 the Department of Defense reinstate the
10 terminology of "POW" or "Prisoner of War" into
11 the classification of military personnel.
12 "WHEREAS, For many years in the
13 past the Department of Defense used the
14 terminology of 'Prisoner of War' to describe a
15 military personnel's casualty status and
16 category for reporting purposes; and
17 "WHEREAS, The Department of
18 Defense's current verbiage of
19 'Missing/Captured' dramatically reduces the
20 impact of reports and alters the responses
21 from national and international organizations
22 which have historically interceded in such
23 cases; and
24 "WHEREAS, The nature of war has
25 changed markedly and permanently, and rather
Candyco Transcription Service, Inc.
(518) 371-8910
6098
1 than change accordingly to provide maximum
2 protection of all we send in harm's way, our
3 government has established requirements that
4 are too specific to be workable, too vague to
5 be applicable, and too confusing to achieve
6 understanding; and
7 "WHEREAS, The protection which
8 should be automatically accorded those in
9 harm's way is seriously eroded with the
10 'Missing/Captured' classification; and
11 "WHEREAS, American servicemen and
12 servicewomen are not disposable items, and
13 their security and well-being are more
14 significant than the concerns, goals,
15 sensitivities and idiosyncrasies of our
16 enemies, or of any other nation; now,
17 therefore, be it
18 "RESOLVED, That the New York State
19 Congressional delegation be and hereby is
20 respectfully memorialized by this Legislative
21 Body to recommend the Department of Defense
22 reinstate the terminology of 'POW' or
23 'Prisoner of War' into the casualty status and
24 category classification of military personnel;
25 and be it further
Candyco Transcription Service, Inc.
(518) 371-8910
6099
1 "RESOLVED, That copies of this
2 resolution, suitably engrossed, be transmitted
3 to each member of the New York State
4 Congressional delegation."
5 ACTING PRESIDENT LITTLE: Senator
6 Robach.
7 SENATOR ROBACH: Yes, Madam
8 President. First, if we could open up Senator
9 Larkin's resolution to sponsorship of anyone
10 that would like it.
11 If you do not want to be on that,
12 please notify the desk.
13 ACTING PRESIDENT LITTLE: Thank
14 you.
15 All those in favor of adopting the
16 resolution signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT LITTLE:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT LITTLE: The
22 resolution is adopted and open to all members
23 of the Senate.
24 SENATOR ROBACH: And then if we
25 could move to the controversial reading of the
Candyco Transcription Service, Inc.
(518) 371-8910
6100
1 supplemental active list, starting with
2 Senator Nozzolio's bill, Calendar 1039,
3 please.
4 ACTING PRESIDENT LITTLE: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1039, by Senator Nozzolio, Senate Print 1272,
8 an act to amend the Criminal Procedure Law and
9 the General Municipal Law.
10 ACTING PRESIDENT LITTLE: Senator
11 Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Madam President. On the bill.
14 ACTING PRESIDENT LITTLE: On the
15 bill.
16 SENATOR SCHNEIDERMAN: This is a
17 piece of legislation that has passed the
18 Senate before. Quite a few of us voted
19 against it, including several members on the
20 other side of the aisle -- Senator Marchi,
21 Senator DeFrancisco.
22 This bill provides for screening
23 and recruiting of peace and police officers.
24 The problem many of us have with the bill is
25 while it requires past employers to provide
Candyco Transcription Service, Inc.
(518) 371-8910
6101
1 information about law enforcement agency
2 applicants, it provides the broadest immunity
3 that I've seen since I've been here from civil
4 liability for former employers.
5 As long as the release of the
6 employee information is without fraud or
7 malice, they are exempt from liability. They
8 can commit -- we had a discussion in the last
9 few days about the difference between
10 negligence and gross negligence. Under this
11 bill, they could be guilty of negligence, they
12 could be guilty of gross negligence. And this
13 loose standard of care undermines the interest
14 of complete and thorough investigation.
15 Now, if it is important, as this
16 bill asserts -- and I think Senator Nozzolio
17 is correct that we have full investigation of
18 the backgrounds of people who we're going to
19 entrust with our lives, with our property, our
20 bravest and finest, New York City police
21 officers, police officers in other parts of
22 the state -- we have to ensure that the
23 information provided in the course of an
24 investigation into their background is
25 accurate.
Candyco Transcription Service, Inc.
(518) 371-8910
6102
1 There is no reason to loosen the
2 ordinary standards of care and undermine the
3 interests of complete and thorough
4 investigation by saying that unless you're
5 committing fraud, you have no liability.
6 You can just pull any file out,
7 whether it accurately reflects the background
8 of that employee or not, and as long as you're
9 not committing fraud or malice, you can be as
10 sloppy as you want to be.
11 This almost encourages people to
12 provide incomplete or misleading information.
13 There's no way to enforce any sort of
14 compliance with the law that would require
15 people to provide proper and accurate
16 information and be careful about this most
17 important issue.
18 I hope that this would not open up
19 the door, but I'm afraid it would, to people
20 who shouldn't become police officers, people
21 who have possibly criminal backgrounds or
22 other things in their past that would cause
23 most of us in this chamber to say, no, that's
24 not someone we should entrust with the duties,
25 responsibilities and powers of a police
Candyco Transcription Service, Inc.
(518) 371-8910
6103
1 officer.
2 This legislation as drafted would
3 not provide accurate background checks.
4 Again, I appreciate the intent. I think a lot
5 of us want to make sure and believe that it is
6 in the public interest to have thorough and
7 accurate investigations of the background of
8 police officers. But it is also in the public
9 interest to require that those investigations
10 are restricted to accurate information and
11 that the former employers have some duty of
12 care to ensure that the information is
13 accurate.
14 So the fact that this provision is
15 still in the bill I think will cause me and
16 quite a few of my colleagues to vote no. I
17 hope we'll be able to modify it and move
18 forward in the future with something that
19 provides for an accurate background check,
20 including a search of criminal history records
21 and employment records, so that we can ensure
22 that we have the caliber of people that I know
23 we all feel that we have in most cases and we
24 deserve in all cases in our police
25 departments.
Candyco Transcription Service, Inc.
(518) 371-8910
6104
1 Thank you, Madam President. I'll
2 be voting in the negative.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Is there any other Senator wishing
6 to be heard?
7 Senator Diaz, on the bill.
8 SENATOR DIAZ: Thank you, Madam
9 President. On the bill.
10 It has been required by the City of
11 New York, and by everyone, I believe -- I want
12 to speak about the City of New York, about my
13 daughter. My daughter is a police officer.
14 And when she applied for the job, she was
15 required to provide practically her whole life
16 story.
17 And it is something that is correct
18 to do. If you want to become a police
19 officer, if you want to become a peace
20 officer, you need to go through a background
21 check. It is important. It is necessary for
22 the government to produce or to be able to
23 know who are the persons that are applying for
24 those positions.
25 This bill, this bill authorizes law
Candyco Transcription Service, Inc.
(518) 371-8910
6105
1 enforcement agencies to conduct background
2 investigations on prospective peace and police
3 officers and requires an employer to disclose
4 employment information relating to a current
5 or former employee upon request.
6 I see nothing wrong with this piece
7 of legislation. This is something that should
8 be done, especially after 9/11. People, you
9 don't even know who's applying for this
10 security job.
11 So it's important for you to know
12 the background, where the person that is
13 applying for this position, where he or she
14 worked before, what kind of job they did
15 before, what are their background.
16 I congratulate Senator Nozzolio for
17 this piece of legislation. I know that all my
18 colleagues are voting against it. I am voting
19 for it. And I think it's a piece of
20 legislation that is needed and is called for,
21 especially in these times in the nation and in
22 the state.
23 So I urge my colleagues to vote for
24 this piece of legislation. Thank you.
25 ACTING PRESIDENT LITTLE: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
6106
1 you.
2 Senator Nozzolio, to close the
3 debate.
4 SENATOR NOZZOLIO: Thank you,
5 Madam President. On the measure.
6 I certainly appreciate the comments
7 of my colleagues and the constructive
8 criticism presented by Senator Schneiderman.
9 It's a delicate balance, a balance to try to
10 ensure that as much information as possible be
11 obtained. And I thank Senator Diaz for his
12 comments that we are trying to ensure the
13 safety and integrity of those who are
14 entrusted with the extremely important job,
15 extremely responsible position of being our
16 police officers.
17 Those in government, those who are
18 selecting security officers have a higher
19 obligation to the public at large to ensure
20 that their applicants are well reviewed. And
21 that it is -- hopefully this measure will help
22 them in their efforts.
23 Thank you, Madam President.
24 ACTING PRESIDENT LITTLE: Thank
25 you.
Candyco Transcription Service, Inc.
(518) 371-8910
6107
1 The debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT LITTLE: The
10 Secretary will announce the results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 1039 are
13 Senators Andrews, Connor, Coppola, Dilan,
14 Duane, Gonzalez, Hassell-Thompson, Klein,
15 L. Krueger, Parker, Paterson, Sabini, Sampson,
16 Savino, Schneiderman, Serrano, A. Smith,
17 M. Smith, Stachowski and Stavisky.
18 Ayes, 40. Nays, 20.
19 ACTING PRESIDENT LITTLE: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1562, by Senator Farley, Senate Print 7431A,
23 an act to amend the Banking Law.
24 SENATOR HASSELL-THOMPSON:
25 Explanation.
Candyco Transcription Service, Inc.
(518) 371-8910
6108
1 ACTING PRESIDENT LITTLE: Thank
2 you. Senator Farley, for an explanation.
3 SENATOR FARLEY: Thank you very
4 much, Madam President.
5 This is a bill that was developed
6 by the New York State Banking Department and
7 the New York State Association of Mortgage
8 Brokers and the Empire State Mortgage Bankers
9 Association.
10 Basically what it does, it tries to
11 improve the professionalism of the industry
12 while also ensuring greater accountability of
13 persons who work in this industry.
14 The bill would require individuals
15 who work for mortgage broker companies and
16 mortgage banking companies to be individually
17 registered with the State Banking Department.
18 These individuals will also have to complete a
19 certain number of hours of mortgage-related
20 courses before they can initially be
21 registered, and then complete a certain number
22 of hours of continuing education every two
23 years.
24 These requirements do not apply to
25 the clerical staff.
Candyco Transcription Service, Inc.
(518) 371-8910
6109
1 The Banking Department has noted
2 there have been certain people in the mortgage
3 industry who have engaged in questionable and
4 abusive practices while moving from company to
5 company. The system of individual
6 registration will help the department track
7 these employees.
8 This is a consumer bill that
9 protects the fraud that goes on in this
10 industry to steal homes and so forth from
11 consumers.
12 It's a bill that does not take
13 effect until 2008. If there's some tinkering
14 that needs to be done, I've got assurances
15 from the industry that we'll take care of it.
16 But we've got to send a message and stop this
17 fraud that is going on in this industry. It's
18 a good consumer bill.
19 ACTING PRESIDENT LITTLE: Senator
20 Hassell-Thompson.
21 SENATOR HASSELL-THOMPSON: Thank
22 you, Madam President.
23 I have reached a point of --
24 somewhat of confusion, and some of which I've
25 created myself. In working with Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6110
1 Farley this year, we have tried be very
2 cognizant of those issues relating to the bank
3 that are in the best interests and trying to
4 put forward that legislation that is in the
5 best interests of consumers, as well as trying
6 not to force our banking institutions to leave
7 the state charter and go to the federal
8 charter.
9 But in the process we've also been
10 entertaining complaints about mortgage
11 companies and new mortgage banking companies
12 that in some ways don't seem to be responding
13 in the best way possible to the consumer
14 population.
15 However, also in talking to the
16 banking industry -- to the mortgage banking
17 industry, that is -- their feeling is that
18 it's already an overly heavily regulated and a
19 compliance burden for the licensed mortgage
20 bankers who are doing business in the State of
21 New York. And these mortgage bankers, as
22 licensees of the state, don't enjoy the
23 federal exemption nor that which the
24 state-exempted banks enjoy, as proposed in
25 this bill.
Candyco Transcription Service, Inc.
(518) 371-8910
6111
1 As a result, they feel that this
2 bill places these mortgage bankers at a
3 disadvantage as compared to the federal or
4 state chartered mortgage banks and their
5 subsidiaries or affiliates who are exempted
6 from complying with the provisions of this
7 pill.
8 As a consumer advocate, it
9 sometimes creates a horned -- you know, you
10 find yourselves on the -- in a dilemma. And,
11 Senator Farley, I had hoped that we would be
12 able to continue to wrestle with this bill. I
13 had hoped that we would not put forward this
14 bill at this time so that we could try to come
15 up with some way to resolve some of the
16 internal issues around this bill.
17 But it is before us. And I'm going
18 to vote with you on this one, but I'm also
19 going to insist that every opportunity that
20 you and I have to continue to address both the
21 consumer issues as well as some of the
22 mortgage banking issues, we take the time to
23 try to resolve those and amend this in such a
24 way that we don't hurt but we encourage
25 appropriate behavior on the part of our
Candyco Transcription Service, Inc.
(518) 371-8910
6112
1 mortgage bankers.
2 Thank you, Madam President.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Farley.
6 SENATOR FARLEY: On the bill.
7 ACTING PRESIDENT LITTLE: On the
8 bill.
9 SENATOR FARLEY: Let me just say
10 that Senator Ruth Hassell-Thompson has been a
11 delight to work with. We cooperated. I tried
12 to keep you informed on everything we're
13 doing.
14 This is a consumer bill. This is a
15 very, very important bill for Superintendent
16 Taylor. What we're talking about and what you
17 were referring to, Ruth, is down at the lower
18 level here, there's so many that are exempted,
19 that that's where the trouble has been.
20 That's where the fraud has taken place.
21 And unfortunately, some of these
22 things could be draconian and so forth that
23 we're trying to do, or we don't know what
24 they're going to do. Fortunately, we've got a
25 window of time. And you have my pledge that
Candyco Transcription Service, Inc.
(518) 371-8910
6113
1 we'll work together, particularly if this bill
2 needs some amendments or some tinkering with.
3 But this is a very high priority.
4 We need to send the message out here this year
5 that we're not going allow this fraud in this
6 area.
7 ACTING PRESIDENT LITTLE: Thank
8 you.
9 Are there any other Senators
10 wishing to be heard?
11 The debate is closed.
12 The Secretary will ring the bell.
13 Read the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect January 1, 2008.
16 ACTING PRESIDENT LITTLE: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT LITTLE: The
20 Secretary will announce the results.
21 THE SECRETARY: Those Senators
22 recorded in the negative on Calendar Number
23 1562 are Senators DeFrancisco and Gonzalez.
24 Absent from voting: Senator
25 C. Kruger.
Candyco Transcription Service, Inc.
(518) 371-8910
6114
1 Ayes, 58. Nays, 2.
2 ACTING PRESIDENT LITTLE: The
3 bill is passed.
4 Senator Robach.
5 SENATOR ROBACH: Yes, Madam
6 President. If you could go to Senator
7 Gonzalez for an announcement, please.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Gonzalez.
11 SENATOR GONZALEZ: Thank you,
12 Madam President.
13 There will be an immediate meeting
14 of the Minority conference in Room 315.
15 ACTING PRESIDENT LITTLE: There
16 will be an immediate meeting of the Minority
17 conference in Room 315.
18 SENATOR ROBACH: The Senate will
19 stand at ease pending the completion of the
20 Minority conference, Madam President.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 The Senate stands at ease.
24 (Whereupon, the Senate stood at
25 ease at 3:56 p.m.)
Candyco Transcription Service, Inc.
(518) 371-8910
6115
1 SENATOR BALBONI: Mr. President.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Balboni, why do you rise?
4 SENATOR BALBONI: I'd like to
5 announce that there will be a meeting of the
6 Rules Committee in the Majority Conference
7 Room at 5:10.
8 ACTING PRESIDENT MARCELLINO:
9 There will be a meeting of the Rules Committee
10 at 10 minutes after 5:00, which is in ten
11 minutes, in the Majority Conference Room.
12 SENATOR BALBONI: Until then,
13 we'll stand at ease.
14 ACTING PRESIDENT MARCELLINO: The
15 Senate will be at ease until the Rules report.
16 (Whereupon, the Senate reconvened
17 at 5:21 p.m.)
18 SENATOR BALBONI: Mr. President.
19 ACTING PRESIDENT ROBACH: Senator
20 Balboni.
21 SENATOR BALBONI: I'd like to
22 return to reports of standing committees. I
23 believe there's a report of the Finance
24 Committee at the desk.
25 ACTING PRESIDENT ROBACH: Reports
Candyco Transcription Service, Inc.
(518) 371-8910
6116
1 of standing committees.
2 The Secretary will read.
3 THE SECRETARY: Senator Johnson,
4 from the Committee on Finance, reports the
5 following nominations.
6 As a member of the State Board of
7 Parole, Jennifer Arena, of Selkirk.
8 ACTING PRESIDENT ROBACH: Senator
9 Johnson.
10 SENATOR JOHNSON: Move the
11 nomination.
12 ACTING PRESIDENT ROBACH: Senator
13 Nozzolio.
14 SENATOR NOZZOLIO: Yes,
15 Mr. President.
16 Jennifer Arena comes to the Parole
17 Commission as a nominee. The Crime Victims,
18 Crime and Corrections Committee reviewed her
19 qualifications; they're extremely diverse.
20 And particularly her experience in working in
21 the New York State Attorney General's office
22 will bode well for her service on the Parole
23 Commission.
24 Please move the nomination.
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6117
1 Balboni.
2 SENATOR BALBONI: I just want to
3 add that Jennifer brings enormous sensitivity
4 to the issues of government, a passion for the
5 people.
6 She is somebody that we need to
7 have in this position because of her unique
8 understanding of all aspects of government
9 from a broad array of policy-making positions.
10 And I join with Senator Nozzolio in
11 urging that this be confirmed. Thank you.
12 ACTING PRESIDENT ROBACH: Thank
13 you, Senator Balboni.
14 All those in favor of Jennifer
15 Arena becoming a member of the State Board of
16 Parole signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT ROBACH:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT ROBACH:
22 Jennifer Arena is hereby confirmed as a member
23 of the New York State Board of Parole.
24 (Applause.)
25 ACTING PRESIDENT ROBACH: The
Candyco Transcription Service, Inc.
(518) 371-8910
6118
1 Secretary will read.
2 THE SECRETARY: As a member of
3 the State Board of Parole, Alan J. Croce, of
4 Mattituck.
5 ACTING PRESIDENT ROBACH: Senator
6 Johnson.
7 SENATOR JOHNSON: I move the
8 nomination.
9 ACTING PRESIDENT ROBACH: Senator
10 Nozzolio.
11 SENATOR NOZZOLIO: Thank you,
12 Mr. President.
13 I proudly rise to second the
14 nomination of Alan Croce as a member of the
15 Parole Commission, as a commissioner. That Al
16 Croce is not a stranger at all to this house.
17 As a matter of fact, he's very familiar with
18 most of our members and particularly those of
19 us -- Senator Volker, myself, others -- who
20 are involved with criminal justice matters.
21 Al Croce continually kept us
22 apprised in his capacity as chairman of the
23 Commission on Corrections. He served in that
24 capacity extremely well. He continued to
25 inform the Legislature of the needs of the
Candyco Transcription Service, Inc.
(518) 371-8910
6119
1 commission in his responsibilities of
2 reviewing the correctional facilities across
3 the state.
4 He comes to the Parole Commission
5 not only with that experience but also a broad
6 array of experience in the local sheriff's
7 departments of his home county of Suffolk.
8 It's an excellent nomination,
9 Mr. President. I'm proud to support it.
10 ACTING PRESIDENT ROBACH: Senator
11 LaValle.
12 SENATOR LaVALLE: Thank you,
13 Mr. President.
14 I congratulate the Governor on
15 making this appointment. And this is Alan
16 Croce's fourth time before this house for
17 confirmation.
18 As Senator Nozzolio had mentioned,
19 he was the chair of the Commission on
20 Corrections and did an outstanding job. I
21 don't remember anyone in that role who worked
22 as hard, was as productive as Alan Croce.
23 Alan now, with this nomination for
24 the Parole Board, will have been through so
25 many different positions in the criminal
Candyco Transcription Service, Inc.
(518) 371-8910
6120
1 justice system. Every one that he's held
2 before this appointment, he did an outstanding
3 job. And I have no doubt he will do an
4 outstanding job in this position.
5 Congratulations, Alan.
6 ACTING PRESIDENT ROBACH: Senator
7 Balboni.
8 SENATOR BALBONI: Yes,
9 Mr. President. This is another nominee who
10 has demonstrated a consistent dedication to
11 government.
12 And what Alan brings to the job is
13 that he is somebody you can approach, ask
14 questions, get real good answers from them.
15 And also, he has a unique way with people.
16 And even, you know, has a way of being able to
17 tell you what you don't want to hear about the
18 process, but in a way that you understand why
19 it's being done that way.
20 He is a really knowledgeable and
21 experienced person, a great asset to the
22 board.
23 ACTING PRESIDENT ROBACH: Senator
24 Volker.
25 SENATOR VOLKER: Mr. President,
Candyco Transcription Service, Inc.
(518) 371-8910
6121
1 Alan Croce is probably the best chairman of
2 the Commission on Corrections.
3 And the late Ralph Marino and I
4 created that commission many years ago. And I
5 think probably Alan Croce was exactly the kind
6 of person that we envisioned would run the
7 Commission on Corrections.
8 There's no question that Alan has
9 all the qualifications in the world to be a
10 parole commissioner and will do a great job.
11 I wish him the very best. And frankly, I
12 think we should appreciate the fact that he's
13 still willing to serve in state service and
14 continue to help the criminal justice system.
15 ACTING PRESIDENT ROBACH: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Thank you,
18 Mr. President.
19 I rise to congratulate the Governor
20 on his very fine appointment.
21 I've gotten to know Al Croce over
22 the years. He's a fine man. He'll do a great
23 job. I wish him well, look forward to seeing
24 him again. God bless.
25 ACTING PRESIDENT ROBACH: Is
Candyco Transcription Service, Inc.
(518) 371-8910
6122
1 there any other Senator wishing to be heard?
2 The question is on the nomination
3 of Alan Croce as a member of the State Parole
4 Board. All those in favor signify by saying
5 aye.
6 (Response of "Aye.")
7 ACTING PRESIDENT ROBACH:
8 Opposed, nay.
9 (No response.)
10 ACTING PRESIDENT ROBACH: Alan
11 Croce is hereby confirmed as a member of the
12 Parole Board.
13 (Applause.)
14 ACTING PRESIDENT ROBACH: The
15 Secretary will read.
16 THE SECRETARY: As a member of
17 the State Board of Parole, James B. Ferguson,
18 Jr., of New Rochelle.
19 ACTING PRESIDENT ROBACH: Senator
20 Golden.
21 SENATOR GOLDEN: Mr. President, I
22 rise to congratulate and to second the
23 nomination of James Ferguson as a member of
24 the Board of Parole.
25 James Ferguson is not only a good
Candyco Transcription Service, Inc.
(518) 371-8910
6123
1 friend and a good man, I had the privilege of
2 working with his father in the New York City
3 Police Department. He was an outstanding man
4 in the police department, an outstanding
5 family man, somebody you could go to and
6 somebody that made a difference in the City of
7 New York.
8 And his son should be proud of
9 that, and he will do us, the State of
10 New York, proud. So I congratulate the
11 Governor for this choice.
12 And when you take a look at what
13 James has been able to accomplish in law
14 enforcement himself -- being a commissioner of
15 the New York State Board of Parole, an
16 administrative law judge of the New York State
17 Division of Parole, an assistant district
18 attorney in the Bronx in the major case squad,
19 a professor at Mercy College and Monroe
20 College, and worked with NYPD.
21 James also has received numerous
22 awards for services in the Bronx district
23 attorney's office, the New York City Police
24 Department Retired Detectives, and many other
25 organizations. James is also active in the
Candyco Transcription Service, Inc.
(518) 371-8910
6124
1 New York State and Georgia Bar Associations,
2 the National District Attorneys Association,
3 the National Association of Administrative Law
4 Judges, the New York City Police Department
5 Emerald Society and the Westchester Emerald
6 Society, the Fraternal Order of Police, and
7 the list goes on and on.
8 So I congratulate James, and the
9 State of New York has got a real winner here.
10 James, congratulations, and I
11 second this nomination.
12 Thank you, Mr. President.
13 ACTING PRESIDENT ROBACH: Senator
14 Nozzolio.
15 SENATOR NOZZOLIO: Thank you,
16 Mr. President. On the nomination.
17 I proudly rise to second the
18 nomination of James B. Ferguson as a member of
19 the New York Board of Parole. Commissioner
20 Ferguson has been a parole commissioner. And
21 as our esteemed colleague Senator Golden has
22 so well indicated, Commissioner Ferguson has
23 had a broad background in criminal justice
24 matters.
25 And upon my first meeting with him,
Candyco Transcription Service, Inc.
(518) 371-8910
6125
1 before he came to the Crime Victims, Crime and
2 Corrections Committee for his initial
3 confirmation, it was apparent that the
4 diversity of experience that he's bringing to
5 the board, has brought to the board, and, as
6 now he's up for reappointment, that we
7 certainly congratulate him for that experience
8 and thank him for bringing that tenor of
9 experience to the board.
10 It's important the board has a
11 diverse background. And that we have already
12 utilized the guidance of Commissioner Ferguson
13 to help us in developing additional policy for
14 the Parole Board, and we thank him for that.
15 This excellent nomination has our
16 full support. Thank you very much.
17 ACTING PRESIDENT ROBACH: The
18 question is on the nomination of James B.
19 Ferguson, Jr., as a member of the New York
20 State Parole Board. All those in favor
21 signify by saying aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT ROBACH: Any
24 opposed, nay.
25 (No response.)
Candyco Transcription Service, Inc.
(518) 371-8910
6126
1 ACTING PRESIDENT ROBACH: James
2 B. Ferguson is hereby confirmed as a member of
3 the New York State Parole Board.
4 Congratulations.
5 (Applause.)
6 ACTING PRESIDENT ROBACH: We are
7 going to go just a little bit out of order
8 here.
9 Senator Maltese, who was not in the
10 chamber for the confirmation of Alan Croce,
11 would like to say a few words.
12 SENATOR MALTESE: I appreciate
13 very much your deference, Mr. President. I
14 was out of the chamber.
15 I couldn't miss the opportunity to
16 say a word about Alan Croce. Talk about a man
17 who is well suited for a position and matched
18 so perfectly with a position. His experience
19 in law enforcement, his experience as an
20 officer, as an undercover officer, as somebody
21 who was undersheriff of a county as populous
22 as Suffolk County.
23 As a former assistant district
24 attorney myself, I well recognize recognizing
25 all the sterling qualities of Alan Croce. As
Candyco Transcription Service, Inc.
(518) 371-8910
6127
1 the former chair of Crime Victims, I've come
2 to know many of the accomplishments and
3 splendid achievements of Alan Croce.
4 I commend the Governor on the
5 nomination and wish to second the nomination
6 at this late time and just add my accolades
7 and praise for not only the Governor but Alan
8 Croce.
9 Thank you, Mr. President, for your
10 indulgence.
11 ACTING PRESIDENT ROBACH: Thank
12 you, Senator Maltese.
13 Continuing, the Secretary will
14 read.
15 THE SECRETARY: As a member of
16 the State Board of Parole, Chris Ortloff, of
17 Plattsburgh.
18 ACTING PRESIDENT ROBACH: Senator
19 Johnson.
20 SENATOR JOHNSON: Move the
21 nomination.
22 ACTING PRESIDENT ROBACH: Senator
23 Little.
24 SENATOR LITTLE: Thank you,
25 Mr. President. I stand to second the
Candyco Transcription Service, Inc.
(518) 371-8910
6128
1 nomination of Chris Ortloff as a member of the
2 State Board of Parole.
3 Chris has been a lifelong resident
4 of the 45th Senate District and lived in Lake
5 Placid, born and raised in Lake Placid, and
6 now lives in Plattsburgh. But in both
7 communities he's been an active participant in
8 the community and involved in government as
9 well.
10 In Lake Placid he served on the
11 village board and he was involved in the 1980
12 Winter Olympics held in Lake Placid, where he
13 served as chief of ceremonies and awards for
14 the Olympic Games.
15 As a journalist, he's also written
16 two books, one on Lake Placid: The Olympic
17 Years, 1932-1980 and A Lady in the Lake. In
18 Plattsburgh he continued as a newscaster for
19 Channel 5 television and then served in the
20 Assembly for twenty years. In both places,
21 he's also been involved in the community,
22 particularly on the Battles of Plattsburgh, on
23 all of the organizations that went on in
24 promoting that for there.
25 In the Assembly, Chris has served
Candyco Transcription Service, Inc.
(518) 371-8910
6129
1 in numerous leadership positions and also as
2 Assistant Minority Leader. I join my
3 colleagues as we all wish Chris good luck in
4 this position, in this new capacity. He
5 brings a tremendous amount of experience to
6 this position.
7 Congratulations.
8 ACTING PRESIDENT ROBACH: Senator
9 Nozzolio.
10 SENATOR NOZZOLIO: Thank you,
11 Mr. President.
12 I wish to echo the comments of
13 Senator Little in this endorsement of Chris
14 Ortloff to be a member of the Parole
15 Commissioner.
16 Those of us who served with Chris
17 in the Assembly -- and many of us here have
18 had that opportunity -- certainly knew that
19 Chris Ortloff was very much involved in issues
20 involving corrections. That he took a keen
21 interest in issues that affected our state
22 prisons, affected the brave men and women who
23 work behind the walls who labor in the
24 toughest beat in the America. Chris was
25 constantly advocating on their behalf.
Candyco Transcription Service, Inc.
(518) 371-8910
6130
1 As such, I know he will be well
2 suited for this opportunity as a commissioner
3 of parole, and that we certainly believe that
4 that background will serve him well, his
5 legislative background as well as all the
6 other biographical experiences that Senator
7 Little shared.
8 That certainly Chris Ortloff has a
9 diversity of experience and a passion for
10 criminal justice issues that will bode well
11 for a diverse board and one that will focus on
12 justice and protection of our citizens.
13 Thank you, Mr. President.
14 ACTING PRESIDENT ROBACH: Senator
15 Balboni.
16 SENATOR BALBONI: Mr. President,
17 so many of us in this chamber, including
18 yourself, have served with Chris Ortloff for
19 many, many years. He's always been a
20 media-savvy, issue-savvy guy that has brought
21 a lot of class and charm from the North
22 Country.
23 I know that he's enjoyed working
24 with Senator Little and they together have
25 brought a lot of good things back to the
Candyco Transcription Service, Inc.
(518) 371-8910
6131
1 North Country.
2 And we're going to miss him in the
3 legislative process, but I know he's going to
4 bring a lot of insight and intelligence to the
5 Parole Board. I support the nomination.
6 ACTING PRESIDENT ROBACH: Thank
7 you, Senator Balboni.
8 Senator Maziarz.
9 SENATOR MAZIARZ: Thank you very
10 much, Mr. President.
11 I join in seconding the nomination
12 of my good friend Chris Ortloff.
13 Chris, all of this stop and start
14 here over the last 24 hours, and sitting
15 around while nothing was happening, probably
16 reminded you a lot of the other house. But I
17 can assure you it doesn't happen here very
18 often as much as it does over there.
19 This is a very good appointment,
20 and I know that Chris will always, during his
21 service on the State Board of Parole, as will
22 the other nominees, keep in mind fairness,
23 justice but, most importantly, the victims of
24 crimes in the State of New York.
25 Thank you, Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
6132
1 ACTING PRESIDENT ROBACH: Senator
2 Stachowski.
3 SENATOR STACHOWSKI: I told Chris
4 in the gym that because of all the times he
5 forced me to watch Fox Television News while I
6 was trying to do my workout, that I wasn't
7 going to vote for him. But then I remembered
8 all the times he had the North Country
9 breakfast, and it kind of balanced out.
10 I think that Chris will be a fine
11 appointment. I congratulate the Governor. If
12 he puts the same intensity into this position
13 as he has into his job in the Assembly, I
14 think that he will be a remarkable member of
15 this board.
16 And I also have to say that anybody
17 that could do two terms of service in Vietnam
18 deserves our support, and that I'm glad to get
19 up and have the opportunity to support Chris
20 Ortloff.
21 ACTING PRESIDENT ROBACH: The
22 question is on the nomination of Chris Ortloff
23 as a member of the New York State Parole
24 Board. All those in favor signify by saying
25 aye.
Candyco Transcription Service, Inc.
(518) 371-8910
6133
1 (Response of "Aye.")
2 ACTING PRESIDENT ROBACH: Any
3 opposed, nay.
4 (No response.)
5 ACTING PRESIDENT ROBACH: Chris
6 Ortloff is hereby confirmed as a member of the
7 New York State Parole Board.
8 Congratulations.
9 (Applause.)
10 ACTING PRESIDENT ROBACH: The
11 Secretary will read.
12 THE SECRETARY: As a member of
13 the State Commission of Correction, Daniel
14 Stewart, of Plattsburgh.
15 ACTING PRESIDENT ROBACH: Senator
16 Johnson.
17 SENATOR JOHNSON: Move the
18 nomination.
19 ACTING PRESIDENT ROBACH: Senator
20 Little.
21 SENATOR LITTLE: Thank you.
22 I rise now to second the nomination
23 of Dan Stewart as a member of the State
24 Commission of Correction.
25 Dan Stewart has a lot of
Candyco Transcription Service, Inc.
(518) 371-8910
6134
1 attributes. And in this confirmation process,
2 one of the things that we can confirm is that
3 he has a lot of patience.
4 He is the mayor of Plattsburgh and
5 has served there for a number of years doing
6 an excellent job working with the city,
7 bringing all kinds of projects to the city and
8 really building consensus among all people
9 within the city. Known as Mayor Dan, he has a
10 great deal of respect from people of all
11 parties within the city of Plattsburgh. He is
12 respected for his commitment to the city and
13 to work that he was doing. He is a consensus
14 builder. He is a person who listens to all
15 sides of the issues.
16 And he certainly knows all about
17 mandates and how mandates affect a city, a
18 town, a county and how they affect your tax
19 rate.
20 Dan is a person who will work well
21 with the staff. He has already been down
22 here. He has worked with Alan Croce for the
23 past several weeks finding out more about the
24 job and is anxious to get started. And I know
25 he will provide a great deal of dedication and
Candyco Transcription Service, Inc.
(518) 371-8910
6135
1 effort in this position and will be very, very
2 good in this position.
3 I look forward to working with him,
4 and I'm sure that the Governor's choice of Dan
5 is an excellent choice. Thank you.
6 And congratulations, Dan.
7 ACTING PRESIDENT ROBACH: Senator
8 Nozzolio.
9 SENATOR NOZZOLIO: Thank you,
10 Mr. President. On the nomination.
11 Senator Little, who I'm very proud
12 is a member of the Crime Victims, Crime and
13 Corrections Committee of this body, when she
14 talked about the qualifications of Dan Stewart
15 to serve as a member of the Commission on
16 Corrections, she, in advocating on his behalf,
17 talked frequently about having someone on that
18 commission that understood the cost to
19 property taxpayers and particularly local
20 governments as they wrestle with issues.
21 And that Senator Little's
22 understanding of that dynamic and her
23 endorsement of the nominee are certainly very
24 important as the deliberations move forward.
25 That it's important to have on that
Candyco Transcription Service, Inc.
(518) 371-8910
6136
1 commission someone who understands the very
2 important concept that whatever decisions are
3 made must be borne in large part by the local
4 property taxpayers. And that having local
5 government experience, understanding what that
6 dynamic is all about, is a key element.
7 And I think certainly, as Senator
8 Little has indicated, he will bring a great
9 dimension to this commission.
10 An excellent nomination. Thank
11 you, Mr. President.
12 ACTING PRESIDENT ROBACH: On the
13 nomination of Daniel Stewart as a member of
14 the State Commission of Correction, all in
15 favor signify by saying aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT ROBACH: Any
18 opposed, nay.
19 (No response.)
20 ACTING PRESIDENT ROBACH: Daniel
21 Stewart is hereby confirmed as a member of the
22 State Commission on Correction.
23 Congratulations.
24 (Applause.)
25 ACTING PRESIDENT ROBACH: The
Candyco Transcription Service, Inc.
(518) 371-8910
6137
1 Secretary will read.
2 THE SECRETARY: As a member of
3 the State Commission of Correction, Frances T.
4 Sullivan, of Fulton.
5 ACTING PRESIDENT ROBACH: Senator
6 Johnson.
7 SENATOR JOHNSON: Move the
8 nomination.
9 ACTING PRESIDENT ROBACH: On the
10 nomination of Frances Sullivan as a member of
11 the State Commission on Corrections, all those
12 in favor signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT ROBACH: Any
15 opposed, nay.
16 (No response.)
17 ACTING PRESIDENT ROBACH: Frances
18 Sullivan is hereby confirmed as a member of
19 the State Commission of Correction.
20 The Secretary will read.
21 THE SECRETARY: As a member of
22 the Workers' Compensation Board, Scott Craig
23 Firestone, Esquire, of Port Washington.
24 ACTING PRESIDENT ROBACH: Senator
25 Johnson.
Candyco Transcription Service, Inc.
(518) 371-8910
6138
1 SENATOR JOHNSON: Move the
2 nomination.
3 ACTING PRESIDENT ROBACH: The
4 question is on the nomination of Scott
5 Firestone as a member of the Workers'
6 Compensation Board. All in favor signify by
7 saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT ROBACH: Any
10 opposed, nay.
11 (No response.)
12 ACTING PRESIDENT ROBACH: Scott
13 Firestone is hereby confirmed as a member of
14 the Workers' Compensation Board.
15 (Applause.)
16 ACTING PRESIDENT ROBACH: The
17 Secretary will read.
18 THE SECRETARY: As a member of
19 the New York State Thruway Authority, Jeffrey
20 D. Williams, of Lewiston.
21 ACTING PRESIDENT ROBACH: Senator
22 Johnson.
23 SENATOR JOHNSON: Move the
24 nomination.
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6139
1 Rath.
2 SENATOR RATH: Thank you,
3 Mr. President. I wish to second the
4 nomination of Jeff Williams to the Thruway
5 Authority.
6 Jeff has been a community activist
7 and someone I've known for many years. I
8 think it's a very wise choice by the Governor.
9 I congratulate Mr. Williams, look
10 forward to working with him as we have many
11 challenges throughout Western New York.
12 Thank you.
13 ACTING PRESIDENT ROBACH: Senator
14 Coppola.
15 SENATOR COPPOLA: Thank you,
16 Mr. President. On the nomination of
17 Mr. Williams.
18 I rise in support of Mr. Williams'
19 nomination at this time. Many of you may know
20 that most of us in Western New York have
21 raised serious issues with the New York State
22 Thruway Authority and their lack of
23 understanding of the issues with regard to the
24 toll barriers that surround the City of
25 Buffalo and in particular downtown Buffalo,
Candyco Transcription Service, Inc.
(518) 371-8910
6140
1 and the cost to local commuters.
2 And it's a serious issue that all
3 the gubernatorial candidates have said that
4 they would deal with this issue once they took
5 office in January. All of the Western
6 New York legislators, both at the local,
7 county, state and even federal level, have
8 weighed in on this issue. And it's a very
9 serious issue to all of us in Western New
10 York, to myself and my constituents and some
11 of my colleagues here in the chamber.
12 I spoke with Mr. Williams earlier,
13 and he did assure me that he will work
14 diligently to come up with ways to remove,
15 specifically, two barriers that are causing
16 not only environmental hazards, causing
17 traffic jams, safety hazards, and tremendous
18 problems for the city of Buffalo.
19 And I'm very, very happy that the
20 Governor has decided to appoint to the board
21 somebody from Western New York, and I'm glad
22 that Mr. Williams and I have had a very good
23 discussion earlier about the ability to remove
24 those tolls and possibly move them somewhere
25 else or possibly eliminate them totally.
Candyco Transcription Service, Inc.
(518) 371-8910
6141
1 So I support this nomination,
2 Mr. President.
3 ACTING PRESIDENT ROBACH: Thank
4 you, Senator Coppola.
5 Senator Maziarz.
6 SENATOR MAZIARZ: Thank you very
7 much, Mr. President.
8 It's with a great deal of pride and
9 pleasure that I rise to second this nomination
10 of a very good friend of mine, Jeff Williams.
11 Jeff, I've known his family from
12 Niagara Falls, Niagara County, for many, many
13 years. Jeff will be an excellent addition, an
14 excellent addition to the Thruway Authority.
15 For a long time there has not been a
16 representative from Western New York on the
17 New York State Thruway Authority. And I think
18 the Governor could not have picked a finer,
19 fairer person.
20 As my colleague Senator Coppola
21 pointed out, we have an issue regarding tolls
22 in the city of Buffalo and the Western
23 New York area. And, you know, it's going to
24 take the wisdom of Solomon to go in there and
25 to resolve that long-standing issue and
Candyco Transcription Service, Inc.
(518) 371-8910
6142
1 problem of toll barriers.
2 And Senator Coppola is right, there
3 are environmental issues, transportation flow
4 issues, and so forth. I know I've got issues,
5 Jeff, about the tolls on the Grand Island
6 bridges. And we know that resolution will
7 come, but it's going to come quicker and
8 better for the citizens of Western New York
9 because we now feel that we have
10 representation on that authority.
11 I heartily second this nomination.
12 Jeff, I wish you and your family
13 well on this venture and many others in the
14 future.
15 Thank you, Mr. President.
16 ACTING PRESIDENT ROBACH: Senator
17 Volker.
18 SENATOR VOLKER: Yeah,
19 Mr. President. Mr. President, could I have
20 this one on, this mike, please? Thank you.
21 I've known Jeff Williams for many,
22 many years. There was a kind of a strange
23 issue in Buffalo -- as everybody knows, some
24 of the Washington officials have announced
25 that they want to take all the tolls off the
Candyco Transcription Service, Inc.
(518) 371-8910
6143
1 Thruway. Somehow they forgot to tell us that
2 there is no money out of Washington to help us
3 take the tolls off, and the cost would be
4 about $3.9 million.
5 But there's a mythology that's come
6 around in Buffalo that it's easy to get rid of
7 tolls. The truth is that you have to deal
8 with bondholders and all sorts of things.
9 Jeff Williams got into a little
10 problem in Buffalo because he had the audacity
11 to say: I've got to look at the numbers. So
12 they said, Well, he's not for getting rid of
13 tolls. Which is silly. The truth is that
14 he'll make an excellent member of the Thruway
15 Authority.
16 And I'd just like to say to my
17 colleagues that we are working on the Thruway
18 Authority. But I think it is comical that
19 every governor since Tom Dewey has said that
20 they're going to get rid of the tolls on the
21 Thruway, but somehow they found out that
22 there's bondholders and tons of money and so
23 forth that make it rather difficult.
24 So, Jeff, I hope you're on the
25 Thruway Authority when the tolls come off.
Candyco Transcription Service, Inc.
(518) 371-8910
6144
1 But it's probably not too likely. But at any
2 rate, congratulations, and you'll make an
3 excellent member of the Thruway Authority.
4 ACTING PRESIDENT ROBACH: Is
5 there any other Senator wishing to be heard?
6 On the nomination of Jeffrey D.
7 Williams as a member of the New York State
8 Thruway Authority, all in favor signify by
9 saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT ROBACH: Any
12 opposed, nay.
13 (No response.)
14 ACTING PRESIDENT ROBACH: Jeffrey
15 D. Williams is hereby confirmed as a member of
16 the New York State Thruway Authority.
17 Congratulations.
18 (Applause.)
19 ACTING PRESIDENT ROBACH: The
20 Secretary will read.
21 THE SECRETARY: As a director of
22 the State of New York Mortgage Agency, Jerome
23 M. Becker, Esquire, of New York City.
24 As a director of the State of
25 New York Mortgage Agency, Gregory J. Raphael,
Candyco Transcription Service, Inc.
(518) 371-8910
6145
1 Esquire, of Garden City.
2 As a member of the Battery Park
3 City Authority, Frank J. Branchini, of
4 New York City.
5 As a member of the Battery Park
6 City Authority, Robert J. Mueller, of New York
7 City.
8 As a member of the Capital District
9 Transportation Authority, Norman L. Miller, of
10 Schenectady.
11 As a member of the Niagara Frontier
12 Transportation Authority, Eunice A. Lewin, of
13 Buffalo.
14 As a member of the Administrative
15 Review Board for Professional Medical Conduct,
16 Datta G. Wagle, M.D., of Williamsville.
17 As a member of the Correction
18 Medical Review Board, John Rugge, M.D., of
19 Queensbury.
20 As members of the Advisory Board on
21 Public Work, Daniel J. McGraw, Esquire, of
22 Clifton Park, and Ross J. Pepe, of New City.
23 As a member of the Small Business
24 Advisory Board, Loretta Kaminsky, of
25 Williamsville.
Candyco Transcription Service, Inc.
(518) 371-8910
6146
1 As a member of the State Banking
2 Board, Hans Joachim Doepp, of Purchase.
3 As a member of the Board of
4 Trustees of the State University of New York
5 College of Environmental Science and Forestry,
6 Charles G. Fox, of New York City.
7 As a member of the State Board of
8 Historic Preservation, Arete Swartz Warren, of
9 New York City.
10 As a member and chairperson of the
11 Freshlands Wetlands Appeals Board, Rhonda K.
12 Amoroso, Esquire, of Garden City.
13 As a member of the Lake George Park
14 Commission, Kenneth W. Parker, of Diamond
15 Point.
16 As a member of the Allegany State
17 Park, Recreation and Historic Preservation
18 Commission, William J. Heaney, of Belfast.
19 As a member of the Niagara Frontier
20 State Park, Recreation and Historic
21 Preservation Commission, Jean Read Knox, of
22 Buffalo.
23 As a member of the Taconic State
24 Park, Recreation and Historic Preservation
25 Commission, Kevin J. Plunkett, Esquire, of
Candyco Transcription Service, Inc.
(518) 371-8910
6147
1 Tarrytown.
2 As a member of the Thousand Islands
3 State Park, Recreation and Historic
4 Preservation Commission, Joanne Dicob, of
5 Lowville.
6 As a member of the State Racing
7 Commission, John Anthony Tesiero, Jr., of
8 Amsterdam.
9 As a member of the Medical Advisory
10 Committee, David J. Cerniglia, D.C., of
11 Schenectady.
12 As a member of the Board of
13 Directors of the New York Convention Center
14 Operating Corporation, Mary A. D'Elia, of
15 New York City.
16 As members of the Board of Trustees
17 of the New York State Higher Education
18 Services Corporation, Laureen Fitzgerald, of
19 Albany; Richard Guarasci, of Staten Island;
20 and John G. Zampella, IV, of Glenville.
21 As members of the Public Health
22 Commission, Susan G. Regan, Esquire, of
23 New York City, and Peter G. Robinson, of
24 Rochester.
25 As a measure of the State Hospital
Candyco Transcription Service, Inc.
(518) 371-8910
6148
1 Review and Planning Council, Michael S. Sloma,
2 of Youngstown.
3 As a member of the Council on Human
4 Blood and Transfusion Services, Nadia Rajsz,
5 of Glen Spey.
6 As a member of the Board of
7 Visitors of the Broome Developmental
8 Disabilities Services Office, Mildred Hendry
9 Bengel, of Johnson City.
10 As a member of the Board of
11 Visitors of the Capital District Developmental
12 Disabilities Services Office, Joseph R.
13 Auriemma, of Scotia.
14 As members of the Board of Visitors
15 of the Mohawk Valley Psychiatric Center, Anne
16 M. Jackson, of Boonville, and Maneck Kotwal,
17 M.D., of New Hartford.
18 As a member of the Board of
19 Visitors of the Rochester Psychiatric Center,
20 Dorothy A. Wentland, of LeRoy.
21 As a member of the Board of
22 Visitors of the Staten Island Developmental
23 Disabilities Services Office, Frank L.
24 Tellefsen, of Staten Island.
25 As a member of the Adirondack Park
Candyco Transcription Service, Inc.
(518) 371-8910
6149
1 Agency, Arthur S. Lussi, of Lake Placid.
2 As a member of the Dormitory
3 Authority, Brian Ruder, of Scarsdale.
4 As an alternate nonvoting member of
5 the Metropolitan Transportation Authority,
6 James L. McGovern, of Manhasset.
7 As a trustee of the Power Authority
8 of the State of New York, Leonard N. Spano, of
9 Yonkers.
10 As a member of the Advisory Board
11 on Public Work, Joseph R. Lagana, of West
12 Nyack.
13 As a member of the State Park,
14 Recreation and Historic Preservation
15 Commission for the City of New York, Judith
16 Pond Kudlow, of New York City.
17 As a member of the Thousand Islands
18 State Park, Recreation and Historic
19 Preservation Commission, William H. Wormuth,
20 of Lowville.
21 As a member of the Board of
22 Directors of the New York Convention Center
23 Operating Corporation, Michael J. Stengel, of
24 New York City.
25 As a member of the State Hospital
Candyco Transcription Service, Inc.
(518) 371-8910
6150
1 Review and Planning Council, J. Patrick
2 Sheehan, of Larchmont.
3 As a trustee of the City University
4 Construction Fund, Philip F. Foglia, Esquire,
5 of the Bronx.
6 As a member of the Board of
7 Visitors of the Helen Hayes Hospital, Kathleen
8 Sweeney, of Haverstraw.
9 As a member of the Board of
10 Visitors of the New York State Home for
11 Veterans and their Dependents at Montrose,
12 Gerald C. Walsh, of West Nyack.
13 And as a member of the Board of
14 Visitors of the Rockland Children's
15 Psychiatric Center, Linda M. O'Hagan, of Pearl
16 River.
17 ACTING PRESIDENT ROBACH: On the
18 confirmation of all the nominees as read by
19 the Secretary, all in favor signify by saying
20 aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT ROBACH:
23 Opposed, nay.
24 (Response of "Nay.")
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6151
1 Krueger.
2 SENATOR LIZ KRUEGER: Thank you.
3 I will be voting no on the
4 reappointment of Jerome Becker to the State of
5 New York Mortgage Agency, SONYMA. Thank you.
6 ACTING PRESIDENT ROBACH: The
7 record will so reflect.
8 The nominees are hereby confirmed
9 in their respective titles.
10 SENATOR BALBONI: Mr. President.
11 ACTING PRESIDENT ROBACH: Senator
12 Balboni.
13 SENATOR BALBONI: Could we please
14 return to motions and resolutions.
15 There is a resolution from Senator
16 Sabini at the desk. I would ask that the
17 title be read and move for its immediate
18 adoption.
19 ACTING PRESIDENT ROBACH: Motions
20 and resolutions.
21 The Secretary will read.
22 THE SECRETARY: By Senator
23 Sabini, Legislative Resolution Number 6268,
24 memorializing Governor George E. Pataki to
25 proclaim July 23 through 30, 2006, as Peruvian
Candyco Transcription Service, Inc.
(518) 371-8910
6152
1 Heritage Week in the State of New York.
2 ACTING PRESIDENT ROBACH: On the
3 resolution, all those in favor signify by
4 saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT ROBACH: Any
7 opposed, nay.
8 (No response.)
9 ACTING PRESIDENT ROBACH: The
10 resolution is adopted.
11 Senator Balboni.
12 SENATOR BALBONI: Mr. President,
13 would you please recognize Senator Seward for
14 a motion.
15 ACTING PRESIDENT ROBACH: Senator
16 Seward.
17 SENATOR SEWARD: Yes,
18 Mr. President. I wish to call up Senator
19 LaValle's bill, Print Number 8405, which is at
20 the desk.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 2142, by Senator LaValle, Senate Print 8405,
25 an act to amend the Environmental Conservation
Candyco Transcription Service, Inc.
(518) 371-8910
6153
1 Law and others.
2 SENATOR SEWARD: Mr. President, I
3 now move to reconsider the vote by which this
4 bill was passed and ask that the bill be
5 restored to the order of third reading.
6 ACTING PRESIDENT ROBACH: Call
7 the roll on reconsideration.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT ROBACH: The
11 bill is restored to third reading.
12 Senator Balboni.
13 SENATOR BALBONI: Mr. President,
14 could we please return to Supplemental
15 Calendar Number 62B and take up Senator
16 Wright's bill, Calendar Number 2234.
17 ACTING PRESIDENT ROBACH: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 2234, substituted earlier today by the
21 Assembly Committee on Rules, Assembly Print
22 Number 12013, an act to amend the Economic
23 Development Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
6154
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT ROBACH: Senator
7 Wright, to explain his vote.
8 SENATOR WRIGHT: Thank you very
9 much, Mr. President.
10 The bill that we're voting on this
11 evening is the extension of the Power for Jobs
12 and Energy Cost Savings Benefits Service
13 Program. This bill will extend that
14 through -- excuse me, the current program will
15 extend through June of 2007 and will also
16 provide restitution for the higher than
17 anticipated rates that were incurred under the
18 existing Power for Jobs program.
19 This addresses the concerns that
20 were raised by the Governor in the veto of the
21 previous Power for Jobs extension that was
22 included in the budget.
23 Thank you.
24 ACTING PRESIDENT ROBACH: Senator
25 Wright, you will be recorded in the
Candyco Transcription Service, Inc.
(518) 371-8910
6155
1 affirmative.
2 Announce the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 Senator Balboni.
7 SENATOR BALBONI: Yes,
8 Mr. President. We're going to return to the
9 main calendar for today, and we're going to
10 take up a number of bills, the first being
11 2163, Calendar Number 2163, by Senator Hannon.
12 ACTING PRESIDENT ROBACH: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 2163, by Senator Hannon, Senate Print 8227B,
16 an act to amend the Public Health Law.
17 ACTING PRESIDENT ROBACH: Senator
18 Balboni.
19 SENATOR BALBONI: Yes,
20 Mr. President. I believe there is a message
21 of necessity at the desk.
22 ACTING PRESIDENT ROBACH: Yes,
23 there is.
24 SENATOR BALBONI: Move to accept.
25 ACTING PRESIDENT ROBACH: All in
Candyco Transcription Service, Inc.
(518) 371-8910
6156
1 favor of accepting the message of necessity
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT ROBACH: Any
5 opposed?
6 (No response.)
7 ACTING PRESIDENT ROBACH: The
8 message is accepted.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first of
12 December.
13 ACTING PRESIDENT ROBACH: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT ROBACH: The
18 bill is passed.
19 SENATOR BALBONI: Mr. President.
20 ACTING PRESIDENT ROBACH: Senator
21 Balboni.
22 SENATOR BALBONI: Will you please
23 take up Calendar Number 1373.
24 ACTING PRESIDENT ROBACH: The
25 Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
6157
1 THE SECRETARY: In relation to
2 Calendar Number 1373, Senator Golden moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 10917A and substitute it
5 for the identical Senate Bill Number 7502A,
6 Third Reading Calendar 1373.
7 ACTING PRESIDENT ROBACH:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1373, by Member of the Assembly Englebright,
12 Assembly Print Number 10917A, an act to amend
13 the Elder Law and others.
14 ACTING PRESIDENT ROBACH: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT ROBACH: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 Senator Balboni.
25 SENATOR BALBONI: Yes, could you
Candyco Transcription Service, Inc.
(518) 371-8910
6158
1 please take up Calendar 2061, by Senator
2 LaValle.
3 ACTING PRESIDENT ROBACH: The
4 Secretary will read.
5 THE SECRETARY: In relation to
6 Calendar Number 2061, Senator LaValle moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 8417B and substitute it
9 for the identical Senate Bill Number 7675C,
10 Third Reading Calendar 2061.
11 ACTING PRESIDENT ROBACH:
12 Substitution ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 2061, by Member of the Assembly Canestrari,
16 Assembly Print Number 8417B, an act to amend
17 the Education Law.
18 ACTING PRESIDENT ROBACH: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
Candyco Transcription Service, Inc.
(518) 371-8910
6159
1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 Senator Balboni.
4 SENATOR BALBONI: Yes,
5 Mr. President. Could you please take up
6 Calendar Number 2148, by Senator Winner.
7 ACTING PRESIDENT ROBACH: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 2148, by Senator Winner, Senate Print 3531A,
11 an act to amend the Workers' Compensation Law.
12 ACTING PRESIDENT ROBACH: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect January 1, 2007.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT ROBACH: The
21 bill is passed.
22 SENATOR BALBONI: Mr. President.
23 ACTING PRESIDENT ROBACH: Senator
24 Balboni.
25 SENATOR BALBONI: Please take up
Candyco Transcription Service, Inc.
(518) 371-8910
6160
1 Calendar Number 2113, by Senator Bruno.
2 ACTING PRESIDENT ROBACH: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 2113, by Senator Bruno, Senate Print 8438, an
6 act authorizing the County of Saratoga.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 SENATOR BALBONI: Mr. President.
18 ACTING PRESIDENT ROBACH: Senator
19 Balboni.
20 SENATOR BALBONI: Could we please
21 return to the reports of standing committees.
22 I believe there's a Rules report at the desk.
23 ACTING PRESIDENT ROBACH: Reports
24 of standing committees.
25 The Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910
6161
1 THE SECRETARY: Senator Bruno,
2 from the Committee on Rules, reports the
3 following bills:
4 Senate Print 2954C, by Senator
5 Spano, an act to amend the Vehicle and Traffic
6 Law;
7 5357B, by Senator Padavan, an act
8 to amend the Vehicle and Traffic Law;
9 5582B, by Senator Seward, an act to
10 amend the Insurance Law;
11 5612B, by Senator Winner, an act to
12 amend the Workers' Compensation Law;
13 6629A, by Senator Spano, an act to
14 amend the Mental Hygiene Law;
15 7389A, by Senator Robach, an act to
16 amend the Education Law;
17 7510A, by Senator Libous, an act to
18 authorize;
19 7552, by Senator Bonacic, an act to
20 amend the Education Law;
21 7604B, by Senator Klein, an act to
22 amend the Vehicle and Traffic Law;
23 7972A, by the Senate Committee on
24 Rules, an act to amend the Tax Law;
25 8448, by the Senate Committee on
Candyco Transcription Service, Inc.
(518) 371-8910
6162
1 Rules, an act to amend the Insurance Law;
2 8465, by Senator Robach, an act to
3 amend the Public Health Law;
4 8468, by Senator Volker, an act to
5 amend the Civil Practice Law and Rules;
6 8469, by Senator Fuschillo, an act
7 to amend the General Business Law;
8 And Senate Print 8474, by Senator
9 Robach, an act to amend the Civil Service Law.
10 All bills ordered direct to third
11 reading.
12 ACTING PRESIDENT ROBACH: Senator
13 Balboni.
14 SENATOR BALBONI: Mr. President,
15 I would move to accept the report of the Rules
16 Committee.
17 ACTING PRESIDENT ROBACH: All
18 those in favor of accepting the report of the
19 Rules Committee signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT ROBACH:
22 Opposed, nay.
23 (No response.)
24 ACTING PRESIDENT ROBACH: The
25 report is accepted.
Candyco Transcription Service, Inc.
(518) 371-8910
6163
1 Senator Balboni.
2 SENATOR BALBONI: Mr. President,
3 while we wait for the calendars to be
4 distributed with the bills, could you please
5 go back to the main calendar and take up
6 Calendar Number 1928.
7 ACTING PRESIDENT ROBACH: The
8 Secretary will read.
9 Senator Balboni.
10 SENATOR BALBONI: Mr. President,
11 can we lay that bill aside for a moment,
12 please.
13 ACTING PRESIDENT ROBACH: The
14 bill is laid aside.
15 Senator Balboni.
16 SENATOR BALBONI: Mr. President,
17 Calendar Number 1928 has now been put on the
18 members' desks. The members will recall that
19 all of us voted for this bill a couple of days
20 ago, and then it was recalled, restored to the
21 calendar, and now it has a message. I'm
22 sorry, it was amended, and now it has a
23 message on the amended version.
24 ACTING PRESIDENT ROBACH: The
25 Secretary will read Calendar Number 1928.
Candyco Transcription Service, Inc.
(518) 371-8910
6164
1 THE SECRETARY: Calendar Number
2 1928, by Senator Fuschillo, Senate Print
3 8124A, an act to amend the General Business
4 Law.
5 SENATOR BALBONI: I believe there
6 is a message of necessity at the desk,
7 Mr. President, and I would move to accept the
8 message.
9 ACTING PRESIDENT ROBACH: There
10 is a message of necessity at the desk. All in
11 favor of accepting the message signify by
12 saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT ROBACH: Any
15 opposed, nay.
16 (No response.)
17 ACTING PRESIDENT ROBACH: The
18 message is accepted.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
Candyco Transcription Service, Inc.
(518) 371-8910
6165
1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 Senator Balboni, is there anything
4 you'd like to do right now?
5 SENATOR BALBONI: Yes, I would.
6 Let's see if I can do this.
7 We're going to take Calendar Number
8 2142, by Senator LaValle, which we already
9 passed and then we recalled, and now it's
10 going to be substituted and we're going
11 consider it again.
12 ACTING PRESIDENT ROBACH: The
13 Secretary will read.
14 THE SECRETARY: In relation to
15 Calendar Number 2142, Senator LaValle moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 7633B and substitute it
18 for the identical Senate Bill Number 8405,
19 Third Reading Calendar 2142.
20 ACTING PRESIDENT ROBACH:
21 Substitution ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 2142, by Member of the Assembly Eddington,
25 Assembly Print Number 7633B, an act to amend
Candyco Transcription Service, Inc.
(518) 371-8910
6166
1 the Environmental Conservation Law and others.
2 ACTING PRESIDENT ROBACH: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 Senator Balboni.
13 SENATOR BALBONI: Yes,
14 Mr. President. Could we please go to Senate
15 Supplemental Calendar Number 62C, which we
16 will read in a noncontroversial fashion.
17 ACTING PRESIDENT ROBACH: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 2241, by Senator Spano, Senate Print 2954C, an
21 act to amend the Vehicle and Traffic Law and
22 others.
23 ACTING PRESIDENT ROBACH: There
24 is a home-rule message at the desk.
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
6167
1 THE SECRETARY: Section 28. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 2241 are
8 Senators Balboni, Maltese, Marcellino, Skelos
9 and Volker. Also Senator Saland. Also
10 Senator DeFrancisco. Also Senator Morahan.
11 Also Senator LaValle.
12 Ayes, 52. Nays, 9.
13 ACTING PRESIDENT ROBACH: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 2242, by Senator Padavan, Senate Print 5357B,
17 an act to amend the Vehicle and Traffic Law
18 and the Administrative Code of the City of
19 New York.
20 ACTING PRESIDENT ROBACH: There
21 is a home-rule message at the desk.
22 The Secretary will read the last
23 section.
24 THE SECRETARY: Section 11. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
6168
1 ACTING PRESIDENT ROBACH: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 2242 are
6 Senators Balboni, DeFrancisco, Johnson,
7 LaValle, Maltese, Marcellino, Morahan, Saland,
8 Skelos and Volker.
9 Ayes, 51. Nays, 10.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 2243, by Senator Seward, Senate Print 5582B,
14 an act to amend the Insurance Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT ROBACH: Senator
23 Krueger, to explain her vote.
24 SENATOR LIZ KRUEGER: Thank you,
25 Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
6169
1 Well, this bill seems to slide
2 through late in each session. But just for
3 the record, as people are voting, this would
4 allow cellphone sellers to basically go into
5 the insurance business without being under the
6 license or regulation of the New York State
7 Insurance Department.
8 And I think that we shouldn't be
9 removing insurance from the Insurance
10 Department, to keep it simple. I understand
11 it's a one-house bill, as it has been in the
12 past. And again, there's so many coming
13 through. But again, for the record, I'm not a
14 big proponent of removing insurance from
15 authorization and regulation by the Insurance
16 Department, so I'm voting no. Thank you.
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 2243 are
19 Senators Balboni, Bonacic, Connor, Coppola,
20 Duane, Fuschillo, Golden, Hannon,
21 Hassell-Thompson, Klein, L. Krueger, Larkin,
22 LaValle, Meier, Morahan, Nozzolio, Rath,
23 Savino, Skelos, A. Smith, Stavisky, Valesky,
24 Volker, Winner, Wright and Young.
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6170
1 Balboni.
2 SENATOR BALBONI: Mr. President,
3 could we lay that bill aside temporarily.
4 ACTING PRESIDENT ROBACH: The
5 roll call is withdrawn. The bill is
6 temporarily laid aside.
7 (Groans.)
8 ACTING PRESIDENT ROBACH: If we
9 could just have a little order in here so we
10 could continue.
11 The Secretary will read.
12 THE SECRETARY: In relation to
13 Calendar Number 2244, Senator Winner moves to
14 discharge, from the Committee on Rules,
15 Assembly Bill Number 8713B and substitute it
16 for the identical Senate Bill Number 5612B,
17 Third Reading Calendar 2244.
18 ACTING PRESIDENT ROBACH:
19 Substitution ordered.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 2244, by the Assembly Committee on Rules,
23 Assembly Print Number 8713B, an act to amend
24 the Workers' Compensation Law.
25 ACTING PRESIDENT ROBACH: Read
Candyco Transcription Service, Inc.
(518) 371-8910
6171
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT ROBACH: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT ROBACH: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 2245, by Senator Spano, Senate Print 6629A, an
12 act to amend the Mental Hygiene Law.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect on the 120th day.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60. Nays,
21 1. Senator Meier recorded in the negative.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2246, Senator Robach moves to
Candyco Transcription Service, Inc.
(518) 371-8910
6172
1 discharge, from the Committee on Rules,
2 Assembly Bill Number 10570A and substitute it
3 for the identical Senate Bill Number 7389A,
4 Third Reading Calendar 2246.
5 ACTING PRESIDENT ROBACH:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2246, by Member of the Assembly Abbate,
10 Assembly Print Number 10570A, an act to amend
11 the Education Law.
12 ACTING PRESIDENT ROBACH: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT ROBACH: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2247, Senator Libous moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 11311A and substitute it
Candyco Transcription Service, Inc.
(518) 371-8910
6173
1 for the identical Senate Bill Number 7510A,
2 Third Reading Calendar 2247.
3 ACTING PRESIDENT ROBACH:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2247, by Member of the Assembly Crouch,
8 Assembly Print Number 11311A, an act to
9 authorize the County of Broome.
10 ACTING PRESIDENT ROBACH: There
11 is 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 ROBACH: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT ROBACH: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 2248, by Senator Bonacic, Senate Print 7552,
23 an act to amend the Education Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
6174
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 2249, Senator Klein moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 10938B and substitute it
13 for the identical Senate Bill Number 7604B,
14 Third Reading Calendar 2249.
15 ACTING PRESIDENT ROBACH:
16 Substitution ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2249, by Member of the Assembly Paulin,
20 Assembly Print Number 10938B, an act to amend
21 the Vehicle and Traffic Law.
22 ACTING PRESIDENT ROBACH: There
23 is a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(518) 371-8910
6175
1 act shall effect on the 60th day.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2250, by the Senate Committee on Rules, Senate
10 Print Number 7972A, an act to amend the Tax
11 Law.
12 ACTING PRESIDENT ROBACH: There
13 is a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60. Nays,
21 1. Senator Valesky recorded in the negative.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2251, Senator Bruno moves to
Candyco Transcription Service, Inc.
(518) 371-8910
6176
1 discharge, from the Committee on Rules,
2 Assembly Bill Number 12014 and substitute it
3 for the identical Senate Bill Number 8448,
4 Third Reading Calendar 2251.
5 ACTING PRESIDENT ROBACH:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2251, by the Assembly Committee on Rules,
10 Assembly Print Number 12014, an act to amend
11 the Insurance Law.
12 ACTING PRESIDENT ROBACH: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall effect immediately.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 2251 are
21 Senators Bonacic, Little, Meier, Rath, Saland
22 and Seward.
23 Ayes, 55. Nays, 6.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
Candyco Transcription Service, Inc.
(518) 371-8910
6177
1 THE SECRETARY: In relation to
2 Calendar Number 2252, Senator Robach moves to
3 discharge, from the Committee on Rules,
4 Assembly Bill Number 11887 and substitute it
5 for the identical Senate Bill Number 8465,
6 Third Reading Calendar 2252.
7 ACTING PRESIDENT ROBACH:
8 Substitution ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 2252, by the Assembly Committee on Rules,
12 Assembly Print Number 11887, an act to amend
13 the Public Health Law.
14 ACTING PRESIDENT ROBACH: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall effect on the 60th day.
18 ACTING PRESIDENT ROBACH: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 2253, by Senator Volker, Senate Print 8468, an
Candyco Transcription Service, Inc.
(518) 371-8910
6178
1 act to amend the Civil Practice Law and Rules.
2 SENATOR BALBONI: Mr. President.
3 ACTING PRESIDENT ROBACH: Senator
4 Balboni.
5 SENATOR BALBONI: Is there a
6 message of necessity at the desk?
7 ACTING PRESIDENT ROBACH: Yes,
8 there is.
9 SENATOR BALBONI: I move that we
10 accept the message.
11 ACTING PRESIDENT ROBACH: All in
12 favor of accepting the message of necessity
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT ROBACH: Any
16 opposed?
17 (No response.)
18 ACTING PRESIDENT ROBACH: The
19 message is accepted.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the same date and in
23 the same manner as a chapter of the Laws of
24 2006.
25 ACTING PRESIDENT ROBACH: Call
Candyco Transcription Service, Inc.
(518) 371-8910
6179
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 2254, Senator Fuschillo moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 11427 and substitute it
10 for the identical Senate Bill Number 8469,
11 Third Reading Calendar 2254.
12 ACTING PRESIDENT ROBACH:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2254, by Member of the Assembly Pheffer,
17 Assembly Print Number 11427, an act to amend
18 the General Business Law.
19 ACTING PRESIDENT ROBACH: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT ROBACH: Call
24 the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
6180
1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 2255, by Senator Robach, Senate Print 8474, an
6 act to amend the Civil Service Law and the
7 State Finance Law.
8 ACTING PRESIDENT ROBACH: Senator
9 Balboni.
10 SENATOR BALBONI: Mr. President,
11 I believe there is a message of necessity at
12 the desk.
13 ACTING PRESIDENT ROBACH: There
14 is.
15 SENATOR BALBONI: I move to
16 accept the message.
17 ACTING PRESIDENT ROBACH: All in
18 favor of accepting the message signify by
19 saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT ROBACH: Any
22 opposed?
23 (No response.)
24 ACTING PRESIDENT ROBACH: The
25 message is accepted.
Candyco Transcription Service, Inc.
(518) 371-8910
6181
1 Read the last section.
2 THE SECRETARY: Section 25. This
3 act shall take effect immediately.
4 ACTING PRESIDENT ROBACH: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT ROBACH: The
9 bill is passed.
10 SENATOR BALBONI: Mr. President.
11 ACTING PRESIDENT ROBACH: Senator
12 Balboni.
13 SENATOR BALBONI: Could we please
14 stand at ease for a moment.
15 ACTING PRESIDENT ROBACH: We
16 certainly can. The Senate will stand at ease
17 momentarily.
18 (Whereupon, the Senate stood at
19 ease at 6:32 p.m.)
20 SENATOR BALBONI: Mr. President.
21 ACTING PRESIDENT ROBACH: Yes,
22 Senator Balboni, why do you rise?
23 SENATOR BALBONI: I rise to
24 inform you that there is an immediate meeting
25 of the Rules Committee in the Majority
Candyco Transcription Service, Inc.
(518) 371-8910
6182
1 Conference Room.
2 ACTING PRESIDENT ROBACH: If the
3 members of the Rules Committee could get to
4 the Majority Conference Room as quickly as
5 possible, we would appreciate it. And we will
6 continue business upon completion of that
7 committee meeting.
8 The Senate momentarily stands at
9 ease.
10 (Whereupon, the Senate reconvened
11 at 7:06 p.m.)
12 SENATOR BALBONI: Mr. President.
13 ACTING PRESIDENT ROBACH: Senator
14 Balboni.
15 SENATOR BALBONI: Thank you for
16 joining us. Would you please return to
17 reports of standing committees. And I believe
18 there is a Rules report at the desk.
19 ACTING PRESIDENT ROBACH: Reports
20 of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 5990, by Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6183
1 Breslin, an act to amend Chapter 693 of the
2 Laws of 1980;
3 6993B, by Senator Klein, an act to
4 amend the Education Law;
5 7461A, by Senator Sabini, an act to
6 amend the Education Law;
7 8303, by Senator Stachowski, an act
8 to amend the Tax Law;
9 8361, by Senator Volker, an act to
10 amend Chapter 605 of the Laws of 2000;
11 8408, by Senator Robach, an act to
12 provide a temporary early retirement
13 incentive;
14 8470, Senate Budget Bill, an act to
15 amend Chapter 50 of the Laws of 2006;
16 8471, Senate Budget Bill, an act
17 intentionally omitted (Part A);
18 8472, Senate Budget Bill, an act to
19 amend the Education Law;
20 And Senate Print 8473, Senate
21 Budget Bill, an act to amend Chapter 53 of the
22 Laws of 2006.
23 All bills ordered direct to third
24 reading.
25 ACTING PRESIDENT ROBACH: Senator
Candyco Transcription Service, Inc.
(518) 371-8910
6184
1 Balboni.
2 SENATOR BALBONI: Mr. President,
3 we are going to wait until the bills are on
4 the calendar.
5 But in the meantime, I will move to
6 accept the report of the Rules Committee.
7 ACTING PRESIDENT ROBACH: All in
8 favor of accepting the Rules report signify by
9 saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT ROBACH: Any
12 opposed, nay.
13 (No response.)
14 ACTING PRESIDENT ROBACH: The
15 report is accepted.
16 Senator Balboni.
17 SENATOR BALBONI: Mr. President,
18 could we please take up the Supplemental
19 Calendar 62D and read it in a noncontroversial
20 fashion.
21 ACTING PRESIDENT ROBACH: The
22 Secretary will read.
23 SENATOR BRUNO: Mr. President.
24 ACTING PRESIDENT ROBACH: Senator
25 Bruno.
Candyco Transcription Service, Inc.
(518) 371-8910
6185
1 SENATOR BRUNO: Can we at this
2 time take up the noncontroversial -- I'm
3 losing my voice, so everybody please be
4 quiet -- Calendar Number 2261.
5 ACTING PRESIDENT ROBACH: If we
6 could just have quiet in the chamber.
7 SENATOR BRUNO: Thank you. Thank
8 you.
9 ACTING PRESIDENT ROBACH: The
10 Secretary will read Calendar 2261.
11 THE SECRETARY: Calendar Number
12 2261, Senate Budget Bill, Senate Print 8470,
13 an act to amend Chapter 50 of the Laws of
14 2006.
15 SENATOR BRUNO: Mr. President, is
16 there a message of necessity at the desk?
17 ACTING PRESIDENT ROBACH: Yes,
18 there is.
19 SENATOR BRUNO: I would move to
20 accept the message.
21 ACTING PRESIDENT ROBACH: All in
22 favor of accepting the message of necessity
23 signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT ROBACH: All
Candyco Transcription Service, Inc.
(518) 371-8910
6186
1 those opposed, nay.
2 (No response.)
3 ACTING PRESIDENT ROBACH: The
4 report is accepted.
5 Read the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 Senator Bruno.
15 SENATOR BRUNO: Mr. President,
16 can we at this time take up Calendar Number
17 2262.
18 ACTING PRESIDENT ROBACH: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 2262, Senate Budget Bill, Senate Print 8471,
22 an act to amend the Social Services Law.
23 SENATOR BRUNO: Mr. President, is
24 there a message of necessity at the desk?
25 ACTING PRESIDENT ROBACH: Yes,
Candyco Transcription Service, Inc.
(518) 371-8910
6187
1 there is.
2 SENATOR BRUNO: I would move that
3 we accept the message.
4 ACTING PRESIDENT ROBACH: All in
5 favor of accepting the message of necessity
6 signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT ROBACH: Any
9 opposed, nay.
10 (No response.)
11 ACTING PRESIDENT ROBACH: The
12 message is accepted.
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 14. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT ROBACH: The
22 bill is passed.
23 Senator Bruno.
24 SENATOR BRUNO: Mr. President,
25 can we at this time take a short break to go
Candyco Transcription Service, Inc.
(518) 371-8910
6188
1 to conference in Room 332.
2 You're all welcome, but I suggest
3 you not attend on that side.
4 (Laughter.)
5 SENATOR BRUNO: All right? And
6 we'll be back in 15, 20 minutes.
7 And would you recognize Senator
8 Gonzalez.
9 ACTING PRESIDENT ROBACH: Senator
10 Gonzalez.
11 SENATOR GONZALEZ: Mr. President,
12 there will be an immediate meeting of the
13 Minority conference in Room 315.
14 And you're all welcome over.
15 ACTING PRESIDENT ROBACH: There
16 will be an immediate conference for the
17 Majority in the Majority Conference Room and a
18 conference for the Minority in Room 315.
19 The Senate will stand at ease.
20 (Whereupon, the Senate stood at
21 ease at 7:25 p.m.)
22 (Whereupon, the Senate reconvened
23 at 8:34 p.m.)
24 ACTING PRESIDENT MARCELLINO:
25 Senator Skelos.
Candyco Transcription Service, Inc.
(518) 371-8910
6189
1 SENATOR SKELOS: Mr. President,
2 if we could return to the order of motions and
3 resolutions.
4 ACTING PRESIDENT MARCELLINO: We
5 will return to motions and resolutions.
6 Senator Farley.
7 SENATOR FARLEY: Thank you,
8 Mr. President.
9 On behalf of Senator Morahan, I
10 wish to call up Calendar Number 1998, Assembly
11 Print Number 11278A.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1998, by Member of the Assembly Zebrowski,
16 Assembly Print Number 11278A, an act to amend
17 the Environmental Conservation Law.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Farley.
20 SENATOR FARLEY: I now move to
21 reconsider the vote by which this Assembly
22 bill was substituted for Senator Morahan's
23 bill, Senate Print 8268, on June 21st.
24 ACTING PRESIDENT MARCELLINO:
25 Call the roll on reconsideration.
Candyco Transcription Service, Inc.
(518) 371-8910
6190
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 SENATOR FARLEY: I now move that
4 Assembly Bill Number 11278A be recommitted to
5 the Committee on Rules and Senator Morahan's
6 bill be restored to the order of third
7 reading.
8 ACTING PRESIDENT MARCELLINO: So
9 ordered.
10 SENATOR FARLEY: All right.
11 Thank you.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Flanagan.
14 SENATOR FLANAGAN: Mr. President,
15 on behalf of Senator Golden, I offer the
16 following amendments to Calendar Number 2222,
17 Senate Bill 8397B, and ask that said bill
18 retain its place on the Third Reading
19 Calendar.
20 ACTING PRESIDENT MARCELLINO: The
21 amendments are received, and the bill will
22 retain its place on the Third Reading
23 Calendar.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
6191
1 ACTING PRESIDENT MARCELLINO:
2 Senator Skelos.
3 SENATOR SKELOS: If you could
4 call up Calendar Number 2222,
5 noncontroversial.
6 ACTING PRESIDENT MARCELLINO: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 2222, by Senator Golden, Senate Print 8397C,
10 an act to amend the Judiciary Law.
11 ACTING PRESIDENT MARCELLINO:
12 There is a message at the desk.
13 SENATOR SKELOS: Move to accept.
14 ACTING PRESIDENT MARCELLINO: All
15 in favor of accepting the message say aye.
16 (Response of "Aye.")
17 ACTING PRESIDENT MARCELLINO:
18 Opposed, nay.
19 (No response.)
20 ACTING PRESIDENT MARCELLINO: The
21 message is accepted.
22 Read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MARCELLINO:
Candyco Transcription Service, Inc.
(518) 371-8910
6192
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 SENATOR SKELOS: Mr. President.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Skelos.
9 SENATOR SKELOS: If we could
10 continue with the noncontroversial reading of
11 Senate Supplemental Calendar 62D.
12 ACTING PRESIDENT MARCELLINO: The
13 Secretary will read.
14 THE SECRETARY: In relation to
15 Calendar Number 2256, Senator Breslin moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 9063 and substitute it
18 for the identical Senate Bill Number 5990,
19 Third Reading Calendar 2256.
20 ACTING PRESIDENT MARCELLINO:
21 Substitution is ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 2256, by the Assembly Committee on Rules,
25 Assembly Print Number 9063, an act to amend
Candyco Transcription Service, Inc.
(518) 371-8910
6193
1 Chapter 693 of the Laws of 1980.
2 ACTING PRESIDENT MARCELLINO:
3 There is a local fiscal impact note at the
4 desk.
5 Read the last section.
6 THE SECRETARY: Section 2. 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, 60. Nays,
12 1. Senator Valesky recorded in the negative.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 2257, Senator Klein moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 10995A and substitute it
19 for the identical Senate Bill Number 6993B,
20 Third Reading Calendar 2257.
21 ACTING PRESIDENT MARCELLINO:
22 Substitution is ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2257, by Member of the Assembly Paulin,
Candyco Transcription Service, Inc.
(518) 371-8910
6194
1 Assembly Print Number 10995A, an act to amend
2 the Education Law.
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, 61.
11 ACTING PRESIDENT MARCELLINO: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 2258, Senator Sabini moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 11550A and substitute it
17 for the identical Senate Bill Number 7461A,
18 Third Reading Calendar 2258.
19 ACTING PRESIDENT MARCELLINO:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2258, by Member of the Assembly Aubry,
24 Assembly Print Number 11550A, an act to amend
25 the Education Law.
Candyco Transcription Service, Inc.
(518) 371-8910
6195
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, 61.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 2259, Senator Stachowski moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 11918 and substitute it
15 for the identical Senate Bill Number 8303,
16 Third Reading Calendar 2259.
17 ACTING PRESIDENT MARCELLINO:
18 Substitution is ordered.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 2259, by the Assembly Committee on Rules,
22 Assembly Print Number 11918, an act to amend
23 the Tax Law.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
Candyco Transcription Service, Inc.
(518) 371-8910
6196
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 61.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 2260, Senator Volker moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 11960 and substitute it
13 for the identical Senate Bill Number 8361,
14 Third Reading Calendar 2260.
15 ACTING PRESIDENT MARCELLINO:
16 Substitution is ordered.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2260, by the Assembly Committee on Rules,
20 Assembly Print Number 11960, an act to amend
21 Chapter 605 of the Laws of 2000.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
6197
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2263, Senate Budget Bill, Senate Print 8472,
9 an act to amend the Education Law.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Bruno.
12 SENATOR BRUNO: Is there a
13 message of necessity at the desk?
14 ACTING PRESIDENT MARCELLINO:
15 Yes, there is, Senator Bruno.
16 SENATOR BRUNO: I would move that
17 we accept the message.
18 ACTING PRESIDENT MARCELLINO: On
19 the motion to accept the message of necessity,
20 all in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT MARCELLINO:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT MARCELLINO: The
Candyco Transcription Service, Inc.
(518) 371-8910
6198
1 message is accepted.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 2263 are
10 Senators Andrews, Breslin, Connor, Coppola,
11 Dilan, Duane, Hassell-Thompson, Oppenheimer,
12 Sabini, Saland, Savino, Schneiderman, Serrano,
13 A. Smith, Stachowski, Stavisky and Valesky.
14 Ayes, 44. Nays, 17.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 2264, Senate Budget Bill, Senate Print 8473,
19 an act to amend Chapter 53 of the Laws of
20 2006.
21 ACTING PRESIDENT MARCELLINO:
22 Senator Bruno.
23 SENATOR BRUNO: Mr. President, is
24 there a message of necessity at the desk?
25 ACTING PRESIDENT MARCELLINO:
Candyco Transcription Service, Inc.
(518) 371-8910
6199
1 Yes, there is, Senator Bruno.
2 SENATOR BRUNO: I would move that
3 we accept the message.
4 ACTING PRESIDENT MARCELLINO: All
5 in favor of accepting the message of necessity
6 signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT MARCELLINO:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT MARCELLINO: The
12 message is accepted.
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, 61.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2265, Senator Robach moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 11805 and substitute it
Candyco Transcription Service, Inc.
(518) 371-8910
6200
1 for the identical Senate Bill Number 8408,
2 Third Reading Calendar 2265.
3 ACTING PRESIDENT MARCELLINO:
4 Substitution is ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2265, by the Assembly Committee on Rules,
8 Assembly Print Number 11805, an act to provide
9 a temporary early retirement incentive
10 program.
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 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 Senator Bruno.
22 SENATOR BRUNO: Mr. President,
23 can we at this time call up Calendar Number
24 2198.
25 ACTING PRESIDENT MARCELLINO: The
Candyco Transcription Service, Inc.
(518) 371-8910
6201
1 Secretary will read.
2 THE SECRETARY: In relation to
3 Calendar Number 2198, Senator Maziarz moves to
4 discharge, from the Committee on Rules,
5 Assembly Bill Number 11713 and substitute it
6 for the identical Senate Bill Number 8107,
7 Third Reading Calendar 2198.
8 ACTING PRESIDENT MARCELLINO:
9 Substitution is ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 2198, by the Assembly Committee on Rules,
13 Assembly Print Number 11713, an act to amend
14 the Environmental Conservation 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, 61.
23 ACTING PRESIDENT MARCELLINO: The
24 bill is passed.
25 SENATOR BRUNO: Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910
6202
1 ACTING PRESIDENT MARCELLINO:
2 Senator Bruno.
3 SENATOR BRUNO: Can we at this
4 time take up Calendar Number 2190.
5 ACTING PRESIDENT MARCELLINO: The
6 Secretary will read Calendar Number 2190.
7 THE SECRETARY: Calendar Number
8 2190, by the Senate Committee on Rules, Senate
9 Print Number 5046A, an act to amend the
10 Executive 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 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 SENATOR BRUNO: Mr. President.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Bruno.
24 SENATOR BRUNO: Can we return to
25 messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
6203
1 ACTING PRESIDENT MARCELLINO:
2 Messages from the Assembly.
3 The chair hands down a message.
4 THE SECRETARY: The Assembly sent
5 for concurrence the following bill.
6 On motion of Senator Bruno, and by
7 unanimous consent, said bill was ordered to a
8 third reading: Senate Print 8275, by the
9 Assembly Committee on Rules, Assembly Print
10 Number 11720B, an act to amend the Public
11 Health 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: Ayes, 61.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 SENATOR BRUNO: Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Bruno.
25 SENATOR BRUNO: Can we return to
Candyco Transcription Service, Inc.
(518) 371-8910
6204
1 messages from the Governor.
2 ACTING PRESIDENT MARCELLINO:
3 Messages from the Governor.
4 The Secretary will read.
5 THE SECRETARY: The Governor
6 returned without executive approval Senate
7 Bill Number 6758, Veto Number 215, entitled
8 "an act to amend the Civil Service Law and the
9 Labor Law."
10 ACTING PRESIDENT MARCELLINO:
11 Senator Bruno.
12 SENATOR BRUNO: Mr. President, I
13 move to lay said bill as vetoed by the
14 Governor on the table.
15 ACTING PRESIDENT MARCELLINO: So
16 ordered.
17 Senator Bruno.
18 SENATOR BRUNO: Can we now return
19 to the order of motions and resolutions.
20 ACTING PRESIDENT MARCELLINO:
21 Motions and resolutions.
22 SENATOR BRUNO: I move to take
23 from the table Senate Bill 6758 as vetoed by
24 the Governor.
25 ACTING PRESIDENT MARCELLINO: So
Candyco Transcription Service, Inc.
(518) 371-8910
6205
1 ordered.
2 SENATOR BRUNO: I now move to
3 override the Governor's veto.
4 ACTING PRESIDENT MARCELLINO: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 470, by Senator Spano, Veto Number 215, Senate
8 Print 6758, an act to amend the Civil Service
9 Law.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is before the house.
12 SENATOR BRUNO: Read the last
13 section.
14 ACTING PRESIDENT MARCELLINO:
15 Senators, ought the same become a law
16 notwithstanding the veto of the Governor?
17 The Secretary will read the last
18 section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MARCELLINO:
25 Please announce the results.
Candyco Transcription Service, Inc.
(518) 371-8910
6206
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 470 are
3 Senators Meier, Paterson, Rath and Saland.
4 Ayes, 57. Nays, 4.
5 ACTING PRESIDENT MARCELLINO: The
6 motion to override the Governor's veto is
7 carried.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President, we
10 are nearing the end of this session. And I
11 want to again, before all of us just go on our
12 way, comment that we're going to end by the
13 calendar the formal part of this session.
14 We expect to be back here sometime
15 towards the end of September, because there's
16 a Court of Appeals nomination that will be
17 submitted and by law the Senate must reconvene
18 to confirm within 30 days of the Governor's
19 nomination. The last part will probably be in
20 September.
21 But I really want to, as we end the
22 formal part of this session, just acknowledge,
23 again, one of the greatest New Yorkers, one of
24 the greatest Americans that I've had the
25 pleasure of knowing -- and I know you share
Candyco Transcription Service, Inc.
(518) 371-8910
6207
1 that view -- the most distinguished,
2 longest-serving Senator I believe in the
3 history of New York and this country -- in
4 recognition, as we move in a minute to recess,
5 of Senator John Marchi.
6 (Standing ovation.)
7 SENATOR BRUNO: Thank you all.
8 On behalf of Senator Marchi and his family,
9 thank you all.
10 There are bills remaining on the
11 floor of the Senate. And, Mr. President, I
12 would move that we recommit to Rules all the
13 remaining bills that we have not acted on.
14 ACTING PRESIDENT MARCELLINO: As
15 requested, all bills will be recommitted.
16 SENATOR BRUNO: And I would ask
17 that we recognize Senator Paterson.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Paterson.
20 SENATOR PATERSON: Mr. President,
21 that is the most stunning and resounding
22 reception I have ever witnessed in my 21 years
23 here in the New York State Senate. And it
24 could not have been given to a nicer person, a
25 more qualified person, or a more hardworking
Candyco Transcription Service, Inc.
(518) 371-8910
6208
1 person.
2 The only way that I can ever be in
3 the same sentence with Senator Marchi is that
4 I was born on his birthday. His 6th birthday,
5 actually.
6 (Laughter.)
7 SENATOR PATERSON: And because of
8 his great service and the tremendous
9 relationship I've had with him -- he served
10 here with my father and has been a friend to
11 our family for a number of years and welcomed
12 me, as he welcomed all of us, to the Senate --
13 for closing remarks I really would like to
14 talk about nothing else other than just the
15 great admiration I have for Senator Marchi.
16 I can't imagine serving in this
17 chamber without Senator Marchi. Therefore, I
18 am going to leave as well. Thank you.
19 (Laughter; applause.)
20 (Standing ovation.)
21 SENATOR BRUNO: Mr. President and
22 colleagues, we are, as I mentioned, surely
23 going to be back here in September. And so we
24 have not discussed a formal closing, which
25 means that you don't listen to David and
Candyco Transcription Service, Inc.
(518) 371-8910
6209
1 myself for 10 minutes or 15 minutes at this
2 time.
3 (Laughter.)
4 SENATOR BRUNO: Thank you. Thank
5 you.
6 (Laughter; applause.)
7 SENATOR BRUNO: But I wanted to
8 say thank you. Thank you for that resounding
9 applause. Thank you for all the good things
10 that we have been able to do together so far.
11 I want to thank the staff in your
12 offices, our offices that have been up
13 literally 24/7 for a lot of days, who have
14 helped us accomplish the great things that we
15 have done this year.
16 (Applause.)
17 SENATOR BRUNO: And we have, we
18 have done it in the spirit of togetherness,
19 with all other things put aside other than the
20 needs of our constituency, individually and
21 statewide. We have partnered with the
22 Assembly and partnered extremely well on
23 behalf of the people and the great Governor of
24 this state, who today will be his last day as
25 Governor in the formal part of the session.
Candyco Transcription Service, Inc.
(518) 371-8910
6210
1 And he certainly has distinguished
2 himself over these last months and years and
3 will continue to until December 31st of this
4 year. So we're indebted to him for his
5 leadership and his partnering with the
6 Legislature.
7 And I want to, before we make the
8 next motion, again thank you all on behalf of
9 really the greatest Senator, friend, colleague
10 that any of us as a public servant will ever
11 have the pleasure of sharing time, personally
12 or in this chamber.
13 And, David, thank you for those
14 kind remarks on the Senator's behalf
15 representing your conference.
16 And we in this conference, each and
17 every person would get up and speak from their
18 heart, John, to you, to your family and to all
19 the good things you have done on behalf of
20 your constituency, all the people of New York
21 State, and all the people here across the
22 whole United States.
23 You are a role model for
24 everybody -- as a citizen, as an individual,
25 as a family person. And we love you from the
Candyco Transcription Service, Inc.
(518) 371-8910
6211
1 bottom of our hearts here, collectively.
2 And you all join me in that
3 resolution. But hold the applause.
4 And, Mr. President, is there
5 anything else at the desk that we have to do?
6 ACTING PRESIDENT MARCELLINO: No,
7 the desk is clear, sir.
8 SENATOR BRUNO: Yes, we do. We
9 have to recognize Senator Marchi, okay, the
10 dean of the legislature in the United States.
11 ACTING PRESIDENT MARCELLINO:
12 It's with great pleasure the chair recognizes
13 Senator Marchi.
14 SENATOR MARCHI: Thank you very
15 much. I -- I -- people wonder sometimes,
16 coming back. But not coming back to me, with
17 such a painful impact on me. I -- I -- within
18 these four walls, you know, I love everybody
19 in this building here. I mean, it --
20 wonderful people, uniformly decent and fine
21 and good.
22 And I'll be envying you. And maybe
23 I'll sneak back every once in a while and try
24 to impose my presence again.
25 But it's been very painful. I want
Candyco Transcription Service, Inc.
(518) 371-8910
6212
1 to thank you for the way you express it in
2 terms of everyone.
3 And you, Senator, he's -- we both
4 celebrate our birthday on May 20th. So that I
5 just kept running into parallel -- there isn't
6 a person here that I -- it pains me just to be
7 away and not to be seeing you regularly.
8 But I will sneak back, and I will
9 come back to thank you again and again,
10 because you can't imagine, you can't imagine
11 the joy that I've had and the happiness that
12 I've experienced being with all of you. And I
13 don't exclude anybody. There isn't a person
14 here that I don't have deep affection for.
15 And it's a memory that I'll carry
16 with me the rest of my days. And God bless
17 you all. I'm very, very grateful. Thank you.
18 (Standing ovation.)
19 SENATOR BRUNO: Mr. President,
20 there being no business to come before the
21 Senate, I would move that we stand adjourned
22 subject to the call of the Majority Leader,
23 intervening days to be legislative days.
24 Thank you. Travel safely, and
25 God bless.
Candyco Transcription Service, Inc.
(518) 371-8910
6213
1 ACTING PRESIDENT MARCELLINO: The
2 Senate will stand adjourned subject to the
3 call of the Majority Leader, intervening days
4 to be legislative days.
5 Safe home and God bless, everyone.
6 (Whereupon, at 9:08 p.m., the
7 Senate adjourned.)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Candyco Transcription Service, Inc.
(518) 371-8910