Regular Session - June 5, 2007
3613
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 5, 2007
11 3:19 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would all assembled please rise and
5 join me in reciting our Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: Our invocation
9 today will be delivered by the Reverend John
10 Morgan, of the International Baptist Church of
11 Brooklyn.
12 REVEREND MORGAN: Thank you. And
13 let's pray.
14 Our Heavenly Father, we are
15 grateful for the goodness of the Lord in the
16 land of the living.
17 We're grateful for these Senators,
18 for the politicians that you have put into
19 office. The Bible is clear that You have put
20 men in, and You can take them out. But You
21 put these here. I pray that You will give
22 each one wisdom that only comes from God.
23 The Bible says if you like wisdom,
24 ask of God and He'll give it to you liberally.
25 So I pray You'll give these Senators great
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1 wisdom, the wisdom of God to run our state.
2 Help our national politicians. The
3 Bible tells us to pray for all of our
4 politicians. I pray for them. I pray You'll
5 give them wisdom.
6 And I pray, because of Your working
7 in and through these people, that we will have
8 laws that will protect us. The Bible says
9 safety is of the Lord. We know that You are
10 the one that protects. But You work through
11 human beings. And so I pray that You will
12 help us to have the kind of laws to protect us
13 in all ways.
14 I pray that provision would be ours
15 as well. What a great nation we have. Thank
16 You for growing up in America, for being in
17 America. And I pray You'll continue to make
18 our nation great.
19 And I pray that You'll bless these
20 Senators' families now -- their wives, their
21 children. I know that they go through trying
22 times because of having a husband or a wife in
23 politics. So I want You to bless the families
24 of these politicians. Protect them. Provide
25 for them.
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1 And, Lord, may Your will be done
2 for our nation, for our state. I pray it
3 today in Jesus' name. Amen.
4 THE PRESIDENT: Thank you, Pastor
5 Morgan, for those wonderful thoughts.
6 The reading of the Journal.
7 THE SECRETARY: In Senate,
8 Monday, June 4, the Senate met pursuant to
9 adjournment. The Journal of Sunday, June 3,
10 was read and approved. On motion, Senate
11 adjourned.
12 THE PRESIDENT: Without
13 objection, the Journal stands approved as
14 read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Nozzolio.
24 SENATOR NOZZOLIO: Thank you,
25 Mr. President.
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1 I wish to call up Print Number
2 1773, on behalf of Senator Saland, recalled
3 from the Assembly, which is now at the desk.
4 THE PRESIDENT: The Secretary
5 will read.
6 THE SECRETARY: Calendar Number
7 96, by Senator Saland, Senate Print 1773, an
8 act to amend the Education Law.
9 SENATOR NOZZOLIO: Mr. President,
10 I now move to reconsider the vote by which the
11 bill was passed.
12 THE PRESIDENT: Call the roll on
13 reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 41.
16 SENATOR NOZZOLIO: Mr. President,
17 I now offer the following amendments on behalf
18 of Senator Saland.
19 THE PRESIDENT: The amendments
20 are received and adopted, Senator Nozzolio.
21 SENATOR NOZZOLIO: Mr. President,
22 on page 4 I offer the following amendments to
23 Calendar Number 71, on behalf of Senator
24 Trunzo, Print Number 1262, and ask that said
25 bill retain its place on Third Reading
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1 Calendar.
2 THE PRESIDENT: The amendments
3 are received and adopted, Senator Nozzolio.
4 The bill will retain its place on the Third
5 Reading Calendar.
6 The chair recognizes Senator
7 Little.
8 SENATOR LITTLE: Thank you,
9 Mr. President.
10 On behalf of Senator DeFrancisco,
11 on page number 31 I offer the following
12 amendments to Calendar Number 842, Senate
13 Print Number 4878, and ask that said bill
14 retain its place on Third Reading Calendar.
15 THE PRESIDENT: Those amendments
16 are received and adopted, and the bill will
17 retain its place on the Third Reading
18 Calendar.
19 Thank you, Senator Little.
20 SENATOR LITTLE: Thank you,
21 Mr. President.
22 On behalf of Senator Young, on page
23 number 33, I offer the following amendments to
24 Calendar Number 871, Senate Print Number 5579,
25 and ask that said bill retain its place on the
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1 Third Reading Calendar.
2 THE PRESIDENT: The amendments
3 are received and adopted. The bill will
4 retain its place on the Third Reading
5 Calendar.
6 Senator Little.
7 SENATOR LITTLE: Thank you,
8 Mr. President.
9 On behalf of Senator Rath, on page
10 number 40 I offer the following amendments to
11 Calendar Number 988, Senate Print Number 5194,
12 and ask that said bill retain its place on
13 Third Reading Calendar.
14 THE PRESIDENT: Said bill will
15 retain its place on the Third Reading
16 Calendar, and the amendments are received and
17 adopted.
18 SENATOR LITTLE: Thank you.
19 THE PRESIDENT: Senator Skelos.
20 SENATOR SKELOS: Mr. President, I
21 believe there are substitutions to be made at
22 this time.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: On page 34,
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1 Senator Morahan moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 3568
3 and substitute it for the identical Senate
4 Bill Number 5398, Third Reading Calendar 917.
5 On page 36, Senator Young moves to
6 discharge, from the Committee on Agriculture,
7 Assembly Bill Number 7232A and substitute it
8 for the identical Senate Bill Number 4455A,
9 Third Reading Calendar 945.
10 On page 36, Senator Young moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 7339 and substitute it
13 for the identical Senate Bill Number 5580,
14 Third Reading Calendar 947.
15 On page 42, Senator Libous moves to
16 discharge, from the Committee on Rules,
17 Assembly Bill Number 6089 and substitute it
18 for the identical Senate Bill Number 4126,
19 Third Reading Calendar 1024.
20 On page 42, Senator Seward moves to
21 discharge, from the Committee on Rules,
22 Assembly Bill Number 7199 and substitute it
23 for the identical Senate Bill Number 4133,
24 Third Reading Calendar 1026.
25 On page 53, Senator O. Johnson
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1 moves to discharge, from the Committee on
2 Environmental Conservation, Assembly Bill
3 Number 8209 and substitute it for the
4 identical Senate Bill Number 5842, Third
5 Reading Calendar 1218.
6 On page 53, Senator O. Johnson
7 moves to discharge, from the Committee on
8 Environmental Conservation, Assembly Bill
9 Number 8213 and substitute it for the
10 identical Senate Bill Number 5843, Third
11 Reading Calendar 1219.
12 On page 62, Senator C. Kruger moves
13 to discharge, from the Committee on Rules,
14 Assembly Bill Number 8193 and substitute it
15 for the identical Senate Bill Number 4538,
16 Third Reading Calendar 1325.
17 On page 55, Senator DeFrancisco
18 moves to discharge, from the Committee on
19 Judiciary, Assembly Bill Number 7369 and
20 substitute it for the identical Senate Bill
21 Number 4246, Third Reading Calendar 1350.
22 On page 66, Senator Leibell moves
23 to discharge, from the Committee on Civil
24 Service and Pensions, Assembly Bill Number
25 6538 and substitute it for the identical
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1 Senate Bill Number 4562, Third Reading
2 Calendar 1375.
3 And on page 68, Senator Volker
4 moves to discharge, from the Committee on
5 Rules, Assembly Bill Number 6634 and
6 substitute it for the identical Senate Bill
7 Number 3678, Third Reading Calendar 1406.
8 THE PRESIDENT: Substitutions
9 ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could return to reports of standing
13 committees, I believe there's a Finance
14 Committee report at the desk. I ask that it
15 be taken up at this time.
16 THE PRESIDENT: Reports of
17 standing committees.
18 The Secretary will read.
19 THE SECRETARY: Senator O.
20 Johnson, from the Committee on Finance,
21 reports the following nomination.
22 As Medicaid Inspector General,
23 James G. Sheehan, of Albany.
24 THE PRESIDENT: Senator Johnson.
25 SENATOR OWEN JOHNSON: I rise to
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1 move the nomination.
2 THE PRESIDENT: On the
3 nomination, Senator Hannon.
4 SENATOR HANNON: Mr. President, I
5 would like to address the body and just give
6 you some reasons that we have come across, in
7 having conversations with Governor Spitzer's
8 recommendation, for appointment of the
9 Medicaid Inspector General.
10 James Sheehan brings a
11 distinguished record of professional
12 accomplishment in regard to looking at
13 Medicaid fraud, Medicare fraud, healthcare
14 fraud -- as a federal prosecutor, as a federal
15 prosecutor and head of the civil division in
16 Philadelphia, and then moving on to Assistant
17 Attorney General, dealing with matters that
18 were not just specific cases, although there
19 were significant achievements in that regard,
20 but also looking at topic areas such as
21 different types of billing, different types of
22 processes.
23 So what I can say as a conclusion
24 is that we as citizens of the United States
25 have benefited from what he has already done
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1 in regard to enforcing federal laws that say
2 there ought to be fair pricing, there ought to
3 be fair processes, that people who are
4 taxpayers will get the money that is and the
5 worth of their taxes that we pay through
6 Medicare and Medicaid in a good, efficient
7 healthcare system.
8 In the year 2006, this legislative
9 body, together with then-Attorney General
10 Eliot Spitzer and Governor George Pataki,
11 worked long and mightily to come up with a new
12 Medicaid Inspector General statute. That
13 statute, enhanced by what we did as
14 significant appropriations in this year's
15 budget, gives us the best chance we have ever
16 had to have a fairly good system at looking at
17 Medicaid fraud, provider fraud, recipient
18 fraud, and, accompanying with it, improper
19 payments that really should get to the credit
20 of the state's treasury.
21 In Jim Sheehan we have somebody who
22 has the managerial capacity, has the
23 prosecutorial capacity, the legal capacity to
24 bring forward an efficient office, one that's
25 going to have high hurdles to achieve because
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1 of the budgetary and FSHRP goals that we've
2 asked Medicaid fraud to turn back to the
3 state's treasury.
4 And therefore, Mr. President, I'm
5 most happy to recommend to this body that we
6 confirm Jim Sheehan to be the Medicaid
7 Inspector General.
8 THE PRESIDENT: The question is
9 on the nomination of James G. Sheehan, of
10 Albany, as New York State's Inspector General
11 for Medicaid. All those in favor please
12 indicate so by saying aye.
13 (Response of "Aye.")
14 THE PRESIDENT: Opposed, nay.
15 (No response.)
16 THE PRESIDENT: James G. Sheehan,
17 of Albany, who joins us today from the west
18 gallery, is hereby confirmed as the Inspector
19 General for Medicaid. He brings with him a
20 long career in law enforcement and a strong
21 healthcare background.
22 Mr. Sheehan, congratulations and
23 best of luck from all the Senators here in the
24 chamber.
25 (Applause.)
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1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: As director of
4 the New York State Environmental Facilities
5 Corporation, Charles J. Kruzansky, of
6 Voorheesville.
7 THE PRESIDENT: Senator Johnson.
8 SENATOR OWEN JOHNSON: I rise to
9 move the nomination.
10 THE PRESIDENT: On the
11 nomination, all those in favor please indicate
12 by saying aye.
13 (Response of "Aye.")
14 THE PRESIDENT: Opposed, nay.
15 (No response.)
16 THE PRESIDENT: The nomination is
17 confirmed.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 if we could adopt the Resolution Calendar,
21 with the exception of Resolutions 2567 and
22 2629.
23 THE PRESIDENT: All those in
24 favor of adopting the Resolution Calendar,
25 with the exceptions provided by Senator
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1 Skelos, please indicate so by saying aye.
2 (Response of "Aye.")
3 THE PRESIDENT: Opposed, nay.
4 (No response.)
5 THE PRESIDENT: The Resolution
6 Calendar is adopted.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 there's a Resolution 2567 at the desk, by
10 Senator Golden. If we could have the title
11 read, open it up for cosponsorship, and move
12 for its immediate adoption.
13 THE PRESIDENT: Thank you,
14 Senator Skelos.
15 The Secretary will read the title.
16 THE SECRETARY: By Senator
17 Golden, Legislative Resolution Number 2567,
18 memorializing Governor Eliot Spitzer to
19 proclaim November 2007 as Alzheimer's Disease
20 Awareness Month and November 13, 2007, as
21 Memory Screening Day in the State of New York.
22 THE PRESIDENT: Senator Golden.
23 SENATOR GOLDEN: Thank you,
24 Mr. President.
25 I rise today as we are passing a
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1 resolution proclaiming November as Alzheimer's
2 Disease Awareness Month and November 13, 2007,
3 as Memory Screening Day.
4 Alzheimer's disease is a slow
5 progressive disorder of the brain that results
6 in loss of memory and other cognitive
7 functions and, in some cases, even death.
8 Alzheimer's is the eighth leading
9 cause of death in the United States and
10 affects an estimated 5 million Americans, a
11 number that is estimated to triple by 2050.
12 Alzheimer's is the 12th leading cause of death
13 in New York State for people over 65 years of
14 age. Three million seniors here today,
15 5.5 million seniors here in about 10 to 15
16 years, and two out of every four over the age
17 of 85 years of age has and will get
18 Alzheimer's. And Alzheimer's is noncurable.
19 My mom is in the beginning stages
20 of Alzheimer's. And as chairman of the State
21 Senate Aging Committee, it is important that
22 we fight the stigma associated with
23 Alzheimer's and get the individuals and their
24 caregivers the assessment tools and medical
25 care necessary to live with dignity,
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1 independence and respect.
2 I am grateful that we are joined
3 today by two individuals who are leading the
4 fight to improve the quality of care for
5 individuals with Alzheimer's disease.
6 Mr. Eric Hall is the founding chief
7 executive officer of Alzheimer's Foundation of
8 America. Mr. Hall spearheaded the development
9 of the Alzheimer's Foundation of America,
10 which includes 800 member organizations in
11 North America. And that's just in the last
12 five years.
13 Among Mr. Hall's numerous
14 accomplishments, he has rolled out three major
15 national initiatives, including AFA Quilt to
16 Remember, National Memory Screening Day, and
17 National Commemorative Candle Lighting.
18 We're also joined by Carol
19 Steinberg, executive vice president of
20 Alzheimer's Foundation of America, and
21 Ms. Steinberg is the award-winning journalist
22 and public relations professional who has
23 contributed to the formation and growth of the
24 Alzheimer's Foundation of America.
25 Ms. Steinberg's efforts to raise
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1 the public awareness of Alzheimer's have
2 helped Americans get a better understanding of
3 this debilitating disease.
4 Once again, I thank Eric and Carol
5 for joining us here today and encourage them
6 to continue the valuable service to the State
7 of New York and to the United States of
8 America.
9 And I welcome all of my colleagues
10 here today to join us on this resolution in
11 acknowledging that November is Alzheimer's
12 Disease Awareness Month and that November 13th
13 is Memory Screening Day.
14 Thank you, Mr. President.
15 THE PRESIDENT: On the
16 resolution, all those in favor please indicate
17 so by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Opposed, nay.
20 (No response.)
21 THE PRESIDENT: The resolution
22 carries for November being Alzheimer's
23 Awareness Month and November 13th being Memory
24 Screening Day. Thank you, Senator Golden.
25 Senator Golden has opened up this
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1 resolution for all. Anyone that wishes not to
2 go on the resolution can indicate so at the
3 desk.
4 Senator Little.
5 SENATOR LITTLE: Thank you,
6 Mr. President. There's a Resolution 2629 at
7 the desk, by Senator Hannon. May we please
8 have the title read and move for its immediate
9 adoption.
10 THE PRESIDENT: The Secretary
11 will read.
12 THE SECRETARY: By Senator
13 Hannon, Legislative Resolution Number 2629,
14 honoring Mary Katherine "Katie" Beckett's life
15 work on behalf of vitally needy children and
16 her service to others.
17 THE PRESIDENT: Senator Hannon.
18 SENATOR HANNON: I just want to
19 ask, Mr. President, that if anybody would like
20 to cosponsor this resolution, please just let
21 the desk know. We welcome it.
22 It's on behalf of a young woman who
23 took a personal tragedy and, with her mother,
24 managed to change the laws of this nation and
25 many other states so there's great access to
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1 healthcare, much better than there was before.
2 Thank you, Mr. President.
3 THE PRESIDENT: Senator Hannon,
4 what we will do is we will open the resolution
5 and put the names of all the members on it.
6 Any member indicating that they would not wish
7 to be on the resolution may indicate so at the
8 desk.
9 On the resolution, all those in
10 favor please indicate so by saying aye.
11 (Response of "Aye.")
12 THE PRESIDENT: Opposed, nay.
13 (No response.)
14 THE PRESIDENT: The resolution
15 carries.
16 Senator Little.
17 SENATOR LITTLE: Thank you,
18 Mr. President. Can we please recognize
19 Senator Farley for a motion.
20 THE PRESIDENT: On a motion,
21 Senator Farley.
22 SENATOR FARLEY: It's nice to be
23 recognized. Thank you.
24 On behalf of Senator Marcellino,
25 Mr. President, I wish to call up his bill,
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1 Print Number 5157, recalled from the Assembly,
2 and it's now at the desk.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: Calendar Number
6 1189, by Senator Marcellino, Senate Print
7 5157, an act to authorize the City of Glen
8 Cove.
9 SENATOR FARLEY: Mr. President, I
10 now move to reconsider the vote by which this
11 bill was passed.
12 THE PRESIDENT: The Secretary
13 will call the roll on reconsideration.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 THE PRESIDENT: Senator Farley.
17 SENATOR FARLEY: Mr. President, I
18 now offer the following amendments.
19 THE PRESIDENT: The amendments
20 are received and adopted, Senator Farley.
21 SENATOR FARLEY: Mr. President,
22 on behalf of Senator Saland, I wish to call up
23 his bill, Print Number 1092A, recalled from
24 the Assembly, and it's now at the desk.
25 THE PRESIDENT: The Secretary
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1 will read.
2 (The Secretary called the roll.)
3 THE SECRETARY: Calendar Number
4 128, by Senator Saland, Senate Print 1092A, an
5 act to amend the Executive Law and the General
6 Business Law.
7 THE PRESIDENT: Senator Farley.
8 SENATOR FARLEY: I now move to
9 reconsider the vote by which this bill was
10 passed.
11 THE PRESIDENT: Call the roll on
12 reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 56.
15 SENATOR FARLEY: Mr. President, I
16 now offer the following amendments.
17 THE PRESIDENT: The amendments
18 are received and adopted, Senator Farley.
19 The chair recognizes Senator
20 Little.
21 SENATOR LITTLE: Thank you.
22 Mr. President, may we please have the
23 noncontroversial reading of the calendar.
24 THE PRESIDENT: The Secretary
25 will conduct the noncontroversial reading of
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1 the calendar.
2 THE SECRETARY: Calendar Number
3 174, by Senator Lanza, Senate Print 2175, an
4 act to amend the Retirement and Social
5 Security Law.
6 THE PRESIDENT: The Secretary
7 will read the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 THE PRESIDENT: The Secretary
11 will call the roll.
12 (The Secretary called the roll.)
13 THE PRESIDENT: Announce the
14 results.
15 THE SECRETARY: Ayes, 56.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 221, by Senator Nozzolio --
20 SENATOR DUANE: Lay it aside,
21 please.
22 THE PRESIDENT: The bill is laid
23 aside.
24 THE SECRETARY: Calendar Number
25 395, by Senator Leibell, Senate Print 3637, an
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1 act to amend the Executive Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 55. Nays,
8 1. Senator Duane recorded in the negative.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 450, by Senator Padavan, Senate Print 738, an
13 act to amend the Administrative Code of the
14 City of New York.
15 THE PRESIDENT: Last 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, 56.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 451, by Senator Padavan, Senate Print 739, an
25 act to amend the Administrative Code of the
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1 City of New York.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 478, by Senator LaValle, Senate Print 2129, an
13 act to amend the Highway Law.
14 THE PRESIDENT: Last 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, 56.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 553, by Senator Marcellino, Senate Print 1558,
24 an act to amend the Environmental Conservation
25 Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 676, by Senator Little, Senate Print 1100, an
12 act to amend the Navigation Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of April.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 685, by Senator Rath, Senate Print 3990, an
24 act to amend the Parks, Recreation and
25 Historic Preservation Law.
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1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 714, by Senator Larkin, Senate Print 1046, an
12 act to amend the Agriculture and Markets Law.
13 THE PRESIDENT: Last 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, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 718, by Senator Young, Senate Print 4454, an
23 act to amend the Agriculture and Markets Law
24 and the Real Property Tax Law.
25 THE PRESIDENT: Last section.
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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, 57.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 727, by Senator Young, Senate Print 367, an
10 act to amend the Social Services Law.
11 THE PRESIDENT: Last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 760, by Senator Trunzo, Senate Print 561, an
21 act to amend the Vehicle and Traffic Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of
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1 November.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 771, by Senator Libous, Senate Print 3550, an
9 act to amend the Vehicle and Traffic Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 30th day.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 775, by Senator Little, Senate Print 4242, an
21 act to amend the Navigation Law.
22 THE PRESIDENT: Last section.
23 THE SECRETARY: Section 10. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 839, by Senator Griffo, Senate Print --
7 SENATOR DUANE: Lay it aside,
8 please.
9 THE PRESIDENT: The bill is laid
10 aside.
11 THE SECRETARY: Calendar Number
12 872, by Senator Young, Senate Print 386, an
13 act to amend the Vehicle and Traffic Law.
14 THE PRESIDENT: Last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 875, by Senator Fuschillo, Senate Print 3853,
24 an act to amend the Vehicle and Traffic Law.
25 THE PRESIDENT: Last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the 120th day.
3 THE PRESIDENT: The Secretary
4 will call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 917, substituted earlier today by Member of
11 the Assembly Lifton, Assembly Print Number
12 3568, an act to amend --
13 SENATOR LITTLE: Lay it aside for
14 the day, please.
15 THE PRESIDENT: The bill is laid
16 aside for the day.
17 THE SECRETARY: Calendar Number
18 942, by Senator Larkin, Senate Print 343, an
19 act to amend the Agriculture and Markets Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 13. This
23 act shall take effect on the 180th day.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58. Nays,
2 1. Senator Duane recorded in the negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 945, substituted earlier today by Member of
7 the Assembly Magee, Assembly Print Number
8 7232A, an act to amend the Agriculture and
9 Markets Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Results.
17 THE SECRETARY: Ayes, 59.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 947, substituted earlier today by Member of
22 the Assembly Magee, Assembly Print Number
23 7339, an act to amend the Agriculture and
24 Markets Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 979, by Senator Seward --
11 SENATOR DUANE: Lay it aside,
12 please.
13 THE PRESIDENT: The bill is laid
14 aside by the Acting Minority Leader, Senator
15 Duane.
16 THE SECRETARY: Calendar Number
17 998, by Senator Maltese, Senate Print 1768A,
18 an act to amend the Environmental Conservation
19 Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58. Nays,
2 1. Senator Winner recorded in the negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1024, substituted earlier today by Member of
7 the Assembly Lupardo, Assembly Print Number
8 6089, an act to amend the Tax Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1025, by Senator Libous, Senate Print 4127, an
20 act to amend the Tax Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1026, substituted earlier today by Member of
7 the Assembly Lifton, Assembly Print Number
8 7199, an act to amend the Tax Law.
9 THE PRESIDENT: Read the last
10 section, please.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1077, by Senator Fuschillo, Senate Print 4722,
20 an act to amend the Education Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of April.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1087, by Senator Trunzo, Senate Print 883, an
7 act to amend the Correction Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1118, by Senator DeFrancisco, Senate Print
19 4877, an act to amend the Domestic Relations
20 Law and the Family Court Act.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 30th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1135, by Senator Little, Senate Print 5704A,
7 an act to amend the General Municipal Law and
8 the Town Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 10. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1183, by Senator Volker, Senate Print 2676, an
20 act to amend the Local Finance Law.
21 THE PRESIDENT: There is a
22 home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1218, substituted earlier today by Member of
8 the Assembly Sweeney, Assembly Print Number
9 8209, an act to amend the Environmental
10 Conservation 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, 58. Nays,
18 1. Senator Duane recorded in the negative.
19 THE PRESIDENT: The bill is
20 passed.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1219, substituted earlier today by Member of
24 the Assembly Weisenberg, Assembly Print Number
25 8213, an act to amend the Environmental
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1 Conservation Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1220, by Senator Young, Senate Print 389, an
13 act to amend the Criminal Procedure Law.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 1220 are
22 Senators Connor, Duane, Gonzalez,
23 Hassell-Thompson, Perkins and Schneiderman.
24 Ayes, 54. Nays, 6.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1222, by Senator Farley, Senate Print 1295, an
4 act to amend the Civil Rights Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58. Nays,
12 2. Senators Connor and Duane recorded in the
13 negative.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1224, by Senator Padavan, Senate Print 1601,
18 an act to amend the Penal Law, the Vehicle and
19 Traffic Law, and the Criminal Procedure Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 10. This
23 act shall take effect on the first of
24 November.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58. Nays,
3 2. Senators Duane and Hassell-Thompson
4 recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1236, by Senator Golden, Senate Print 3441, an
9 act to amend the Penal Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the first of
14 November.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1241, by Senator Padavan, Senate Print 4209,
22 an act to amend the Penal Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect on the first of
2 November.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE PRESIDENT: Senator
6 Hassell-Thompson, to explain her vote.
7 SENATOR HASSELL-THOMPSON: Thank
8 you, Mr. President.
9 I had asked this bill to be laid
10 aside yesterday because I had some questions
11 on the bill. Having spoken with the sponsor
12 since, I'm going to be voting on the bill.
13 But I am very disappointed because
14 the original origin of this bill came from the
15 City of Mount Vernon and the final print does
16 not include any municipality outside of
17 New York City. So I will be working hopefully
18 to get a bill that will pass to go beyond the
19 environs of New York City.
20 Thank you, Mr. President.
21 THE PRESIDENT: Your vote,
22 Senator?
23 SENATOR HASSELL-THOMPSON: I'm
24 voting for, Mr. President.
25 THE PRESIDENT: Senator
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1 Hassell-Thompson will be recorded in the
2 affirmative.
3 The Secretary will announce the
4 results.
5 THE SECRETARY: Ayes, 60.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1242, by Senator Volker, Senate Print 4954, an
10 act to amend the Penal Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of
15 November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1243, by Senator Volker, Senate Print 5026, an
23 act to amend the Penal Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of
3 November.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1246, by Senator LaValle, Senate Print 5159,
11 an act to amend the Criminal Procedure Law.
12 THE PRESIDENT: Please read the
13 last 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, 60.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1262, by Senator Fuschillo, Senate Print 5131,
23 an act to amend the Insurance Law.
24 THE PRESIDENT: Read the last
25 section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1277, by Senator Marcellino, Senate Print
10 5305A, an act to amend the Navigation 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, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1284, by Senator Leibell, Senate Print 4697,
22 an act to amend the Real Property Tax Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect January 3, 2008.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1285, by Senator Flanagan, Senate Print
9 5571 --
10 SENATOR DUANE: Lay it aside,
11 please.
12 THE PRESIDENT: The bill is laid
13 aside.
14 THE SECRETARY: Calendar Number
15 1294, by Senator Maltese, Senate Print 5764,
16 an act to amend the Real Property Tax Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59. Nays,
24 1. Senator Bonacic recorded in the negative.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1295, by Senator Lanza, Senate Print 5801, an
4 act to amend the General Municipal Law.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1305, by Senator Volker, Senate Print 4704A --
16 SENATOR LITTLE: Lay it aside for
17 the day, please.
18 THE PRESIDENT: The bill is laid
19 aside for the day.
20 THE SECRETARY: Calendar Number
21 1309, by Senator DeFrancisco, Senate Print
22 5769, Concurrent Resolution of the Senate and
23 Assembly proposing an amendment to Section 1
24 of Article 6 of the Constitution.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 THE PRESIDENT: The resolution
4 carries.
5 THE SECRETARY: Calendar Number
6 1311, by Senator Nozzolio, Senate Print 590,
7 an act to amend the Education 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, 60.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1314, by Senator LaValle, Senate Print 5476A,
19 an act to amend the Education Law.
20 THE PRESIDENT: Read the last
21 section.
22 SENATOR LITTLE: Lay it aside for
23 the day, please.
24 THE PRESIDENT: The bill is laid
25 aside for the day at the request of the Acting
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1 Majority Leader, Senator Little.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1325, substituted earlier today by Member of
5 the Assembly Weinstein, Assembly Print Number
6 8193, an act to amend the Criminal Procedure
7 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, 60.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1332, by Senator Volker, Senate Print 5763, an
19 act to amend the Criminal Procedure Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1334, by Senator DeFrancisco, Senate Print
6 1265, an act to amend the Public Health Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1348, by Senator Flanagan, Senate Print 839,
18 an act to amend the State Finance Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1350, substituted earlier today by Member of
5 the Assembly Destito, Assembly Print Number
6 7369, an act to amend the Judiciary Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1352, by Senator Padavan, Senate Print 4487A,
18 an act to amend the General Business Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the 180th day.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1365, by Senator Maltese, Senate Print 1238A,
5 an act to amend the General Municipal Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first of July
10 next succeeding.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1368, by Senator Padavan, Senate Print 2486,
18 an act to amend the Retirement and Social
19 Security Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1375, substituted earlier today by Member of
6 the Assembly Abbate, Assembly Print Number
7 6538, an act to amend the Retirement and
8 Social Security Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1388, by Senator Robach, Senate Print 4101, an
20 act to amend the Civil Service Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 7. This
24 act shall take effect on the 90th day.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1389, by Senator Golden, Senate Print 4920, an
7 act to amend the Civil Service 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, 60.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1396, by Senator Larkin, Senate Print 5751, an
19 act to authorize the Village of
20 Cornwall-on-Hudson.
21 THE PRESIDENT: There is a
22 home-rule message at the desk.
23 The Secretary will read the last
24 section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1406, substituted earlier today by Member of
9 the Assembly Burling, Assembly Print Number
10 6634, an act to amend the Tax 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, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1408, by Senator Nozzolio, Senate Print --
22 THE PRESIDENT: Senator Connor,
23 did you want to explain your vote on the
24 previous bill?
25 SENATOR CONNOR: No, on this one,
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1 I'm sorry.
2 THE PRESIDENT: We'll be right
3 with you.
4 THE SECRETARY: Calendar Number
5 1408, by Senator Nozzolio, Senate Print 3919,
6 an act to amend the State Law.
7 SENATOR CONNOR: Thank you,
8 Mr. President, to explain my vote.
9 This bill would designate sweet
10 corn as the state vegetable, and I have a
11 problem with that. And I know it's popular,
12 and I hesitate to vote against it for fear
13 I'll be roasted or creamed or stalked because
14 of it --
15 (Laughter.)
16 SENATOR CONNOR: -- but I find
17 there's not a kernel of truth in this bill.
18 Because as everyone knows, corn is
19 a grain. And I would propose that we make
20 sweet corn New York State's official grain.
21 And having once been at the
22 Sauerkraut Festival in Phelps, New York, the
23 Sauerkraut Capital of the United States, I
24 would propose we make the cabbage the state
25 vegetable.
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1 So that being said, Mr. President,
2 I'm going to vote no. Thank you.
3 THE PRESIDENT: Senator Connor,
4 we will accept that as your explanation. We
5 haven't actually gotten to the roll call. But
6 when we do, that will be your explanation.
7 You may be roasted or creamed, but
8 I doubt you'll be stalked.
9 (Laughter.)
10 THE PRESIDENT: The Secretary
11 will read the last 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 PRESIDENT: Senator Stavisky,
17 to explain her vote.
18 SENATOR STAVISKY: Yes, I'd like
19 to commend Senator Connor on his corny
20 comments. He's got us all steamed up, and I
21 vote no.
22 (Laughter.)
23 THE PRESIDENT: Senator Stavisky
24 will be recorded in the negative on Calendar
25 Number 1408.
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1 The Secretary will announce the
2 results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 1408 are
5 Senators Connor, Dilan, Hassell-Thompson,
6 Huntley, Klein, L. Krueger, Montgomery,
7 Perkins, Sabini, Sampson, Schneiderman,
8 Serrano, Stavisky and Stewart-Cousins.
9 Ayes, 46. Nays, 14.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1411, by Senator Winner, Senate Print 4426, an
14 act to amend the Tax 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, 60.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1412, by Senator Griffo, Senate Print --
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1 SENATOR DUANE: Lay it aside,
2 please.
3 THE PRESIDENT: The bill is laid
4 aside.
5 THE SECRETARY: Calendar Number
6 1413, by the Senate Committee on Rules, Senate
7 Print Number 4861, an act to amend the Tax
8 Law.
9 THE PRESIDENT: The Secretary
10 will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1414, by the Senate Committee on Rules, Senate
20 Print Number 5029, an act to amend the Tax
21 Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1415, by Senator Wright, Senate Print 5054, an
8 act to amend the Tax Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1417, by Senator Padavan, Senate Print 93, an
20 act to amend the Vehicle and Traffic Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first of
25 November.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59. Nays,
4 1. Senator Duane recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1419, by Senator Marcellino, Senate Print
9 634A, an act to amend the Vehicle and Traffic
10 Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1420, by Senator Trunzo, Senate Print 886, an
22 act to amend the Vehicle and Traffic Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 180th day.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59. Nays,
5 1. Senator Duane recorded in the negative.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 1423, by Senator Trunzo, Senate Print 1486, an
10 act to amend the Vehicle and Traffic Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 180th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1442, by Senator Bruno, Senate Print 6020 --
22 SENATOR DUANE: Lay it aside.
23 THE PRESIDENT: The bill is laid
24 aside.
25 THE SECRETARY: Calendar Number
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1 1443, by Senator Skelos, Senate Print 6015, an
2 act to authorize and direct the Department of
3 Environmental Conservation.
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, 60.
11 THE PRESIDENT: The bill is
12 passed.
13 Senator Little, that completes the
14 noncontroversial reading of the calendar.
15 (Brief pause in proceedings.)
16 ACTING PRESIDENT LITTLE: Senator
17 Bruno.
18 SENATOR BRUNO: Madam President,
19 can we at this time take up the controversial
20 calendar, starting with Calendar 1442.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 The Secretary will ring the bell
24 and read Calendar 1442.
25 THE SECRETARY: Calendar Number
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1 1442, by Senator Bruno, Senate Print 6020,
2 Concurrent Resolution of the Senate and
3 Assembly proposing amendments to the
4 Constitution.
5 ACTING PRESIDENT LITTLE: Senator
6 Bruno.
7 SENATOR BRUNO: Madam President,
8 the issue before us relates to the public
9 good, and that being the opportunity for the
10 people of this state to vote on issues that
11 are important to the general public, referred
12 to as initiative and referendum.
13 We have in this chamber passed this
14 resolution several times. In order for this
15 initiative and referendum to become law of
16 New York State and join half of the other
17 states in the United States that have some
18 form of initiative and referendum, you all
19 know that this resolution would have to pass
20 both houses in two separately elected
21 legislatures and then go before the public on
22 November ballot. And the earliest that that
23 could happen would be '09, in November of '09,
24 given second passage.
25 Now, we have passed this. The
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1 Assembly has not passed it at all.
2 This is an important piece of
3 legislation, important to the people of this
4 state because of many issues that are
5 critically important that are never taken up
6 in the Legislature. They're not taken up for
7 whatever reasons -- political reasons,
8 personal reasons on the parts of leaders,
9 members.
10 The public ought to have a final
11 say on issues like doing away with property
12 taxes, doing away with property taxes in
13 New York State. Now, would that ever come
14 before the Assembly? Senator Fuschillo is
15 shaking his head; he says no. I agree with
16 Senator Fuschillo, as usual. And Senator
17 Bonacic. Do any of you think that would come
18 for a vote? I doubt it.
19 Now, would it be fair to put this
20 before the public? Just an issue that comes
21 to mind that's critically important. Now, why
22 can't we allow the public of New York State,
23 the majority of the people, to have a vote, to
24 have a say directly on issues that would
25 qualify for referendum? That's the issue
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1 before us.
2 Many of you have supported this
3 before. And I would -- don't want to guess or
4 assume, but it's good government, it's good
5 judgment, it's the right thing to do. And,
6 Madam President, I would encourage my
7 colleagues to vote in favor of this
8 resolution, which is first passage, first
9 passage that would help if the Assembly will
10 join us, then do it in the next election, get
11 this issue before the voters in November of
12 '09.
13 Thank you, Madam President.
14 ACTING PRESIDENT LITTLE: Thank
15 you, Senator Bruno.
16 Is there any other Senator that
17 wishes to speak on the concurrent resolution
18 before us?
19 (No response.)
20 ACTING PRESIDENT LITTLE: The
21 Secretary will ring the bell.
22 Senator Larkin.
23 SENATOR LARKIN: Thank you, Madam
24 President. And I want to thank the Majority
25 Leader for putting this on the floor.
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1 We've been hearing for the past two
2 years, people campaigning around this state:
3 We want transparency, we want the people
4 involved, I want to see the people have the
5 opportunity to do this, I want people to be
6 involved, they should be -- everything should
7 be open to the public, the people of this
8 state should have the power to do it.
9 Well, here's a good example of what
10 we can do. Last year it passed this house
11 50-something to 10. What are we saying to the
12 people of the State of New York when this
13 house, people won't vote for it, and in the
14 other house they probably wouldn't even print
15 it?
16 Are they scared of the public? Are
17 they scared of the people that sent them here,
18 that you said, I will go and represent you in
19 Albany, but don't tell me how to do any bills,
20 don't tell me how to do any of this, I know
21 better than you?
22 And what does it all add up to? It
23 adds up to saying what we preach is not what
24 you believe in. I'm very disgusted when I see
25 people who say initiative and referendum is
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1 not any good. Why isn't it any good?
2 First of all, you don't want what
3 the public is going to vote on it. But you're
4 going to give them two chances at the bell --
5 this year, next year. And what we will have
6 to do is clearly say to the people this is the
7 grounds for initiative and referendum.
8 And I don't know exactly how many
9 states, but there are many across this nation
10 that have it. And I don't hear from any of
11 them that say it's a bad bill. I don't have
12 any of them that says it doesn't work. I
13 would like for somebody on the other side or
14 in the Assembly to tell me why it's a bad
15 bill, why it won't work.
16 I'll get to you later.
17 But here's an opportunity to tell
18 the people: You elected me, I'm proud to
19 represent you, and I'm not ashamed to put my
20 name on an initiative and referendum bill.
21 I'm not ashamed because I'm doing what you
22 sent me here to the State Capitol to do.
23 But all of a sudden, well, you
24 know, it's not transparent enough. Oh, it's
25 this, it's that. You know what it is? You're
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1 afraid to skin. And when I say that I mean
2 you don't have the courage to vote to let your
3 people who sent you to say a message to you.
4 As Senator Bruno said, they may want you to
5 add something or delete something. Why not
6 give them the chance?
7 This is a chance for bravery. This
8 is a chance for leadership. Either stand up
9 for your people or step down.
10 ACTING PRESIDENT LITTLE: Thank
11 you, Senator Larkin.
12 Senator Nozzolio.
13 SENATOR NOZZOLIO: Madam
14 President, on the bill.
15 ACTING PRESIDENT LITTLE: On the
16 resolution.
17 SENATOR NOZZOLIO: On the
18 resolution. Thank you, Madam President.
19 My colleagues, I rise to support
20 this legislation. It is in fact the type of
21 reform that is talked about in this chamber,
22 in the other chamber, and across this state,
23 in the sense that we want our government to be
24 open and transparent and we want our
25 government to be responsive to the people it
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1 is designed to serve.
2 My favorite quotation from the
3 United States Supreme Court is that of Justice
4 Brandeis, who said in these United States the
5 highest public office is that of private
6 citizen.
7 The private citizens of this state
8 and this nation should have all opportunity to
9 directly participate in the democratic
10 process. For the last few weeks we've been
11 celebrating, commemorating the sacrifices of
12 those who shed their blood to provide us the
13 rights that we hold dearly in this democratic
14 society.
15 But I believe New York is behind
16 the times and behind many states. Virtually
17 half the states of this country have
18 initiative and referendum. New York is the
19 largest state that does not have initiative
20 and referendum. And that we as a Legislature
21 should provide our citizens with that
22 opportunity to directly participate in issues
23 of importance to them.
24 We need to encourage citizen
25 participation at the ballot box. This is an
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1 excellent way to do it. We need to encourage
2 our citizens to be involved in every aspect of
3 their democracy. Initiative and referendum
4 eliminates or reduces the couch-potato
5 democracy, in the sense that we cannot sit
6 back and let others take care of the
7 government. We need to get citizens off the
8 couch, onto their ballot boxes, into the
9 issues and discussions of the day.
10 And this procedure in New York
11 State is sorely needed. That's why, Madam
12 President, I support it fully and I will work
13 for its passage.
14 ACTING PRESIDENT LITTLE: Thank
15 you, Senator Nozzolio.
16 Could we have it quiet, please,
17 while the Senators are speaking.
18 Senator Libous.
19 SENATOR LIBOUS: Are we on the
20 vote now, or are we on the bill still?
21 ACTING PRESIDENT LITTLE: On the
22 resolution.
23 SENATOR LIBOUS: On the
24 resolution. Thank you, Madam President.
25 I want to rise and join my
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1 colleagues and certainly thank Senator Bruno
2 for having the courage to bring this to the
3 floor year after year.
4 And the frustration that I think
5 many of us have in this chamber because the
6 Assembly fails to take any action, it's the
7 same frustration that our constituents have.
8 It's the same frustration that they have when
9 we're at home in our districts and they wonder
10 why the Legislature can't get a bill passed,
11 why it passes the Senate and doesn't pass the
12 Assembly, why a number of different types of
13 what they call commonsense legislation can't
14 pass in both houses.
15 This is common sense. This gives
16 the people who sent us here an opportunity to
17 break the gridlock that happens in Albany --
18 the gridlock, as Senator Bruno said, because
19 of personalities, because of politics.
20 Certainly we are elected to come
21 here and make decisions, and I think for the
22 most part the public respects that. But there
23 are a number of big issues that are
24 frustrating the people who live in this state,
25 whether it pertains to property taxes, whether
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1 it pertains to where I live and the upstate
2 economy, whether it pertains to the death
3 penalty for cop killers. There are a number
4 of frustrating issues that they would like to
5 see resolved, they'd like to see some action
6 on.
7 And it's the inaction that take
8 place in the other house that frustrates them.
9 It's the inaction on many of those issues.
10 Because if you follow those issues that I
11 mentioned, or if you follow a whole host of
12 issues that people care about, they're usually
13 addressed in this house, but for whatever
14 reason they go nowhere in the Assembly.
15 That's why it's time for citizen
16 participation. That's why it's time for the
17 people who elect us to have a say in the
18 government that's gridlocked.
19 Mr. President, this is a good
20 resolution, and it should pass unanimously
21 because it's common sense.
22 ACTING PRESIDENT LITTLE: Thank
23 you, Senator Libous.
24 Senator Oppenheimer.
25 SENATOR OPPENHEIMER: I just see
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1 this as being so uncommon sense, and let me
2 tell you why.
3 I don't think any of you have ever
4 experienced what I did, so I think I should
5 relate it. About 25 years ago we in
6 Westchester County decided that we were fed up
7 with Con Ed rates and that we were going to go
8 for a Westchester Power Authority. And we put
9 it -- made it into a referendum and we started
10 to lobby for it, going around to each of our
11 communities trying to engender interest -- we
12 got the interest, but trying to engender some
13 contributions that would help us in our
14 campaign.
15 Well, we thought that everybody was
16 going to jump on and help us out because this
17 was to their advantage. But then Con Ed got
18 in the game. And the amount of money that
19 flowed from the coffers of Con Ed took away
20 all our citizen participation efforts -- and
21 we had a lot of people who were dedicated to
22 trying to make our own power authority.
23 So having experienced that, I say
24 if you're up against any of our major
25 corporations, which is very likely would
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1 happen in a referendum, that you are going to
2 be outspent like a thousand to one. And it's
3 hard enough for us as individual candidates to
4 get contributions from the citizenry out
5 there, but just try and do it on an issue --
6 even an issue that would have really benefited
7 them financially. We were showing we could
8 really cut their power costs.
9 So having experienced that, and
10 also just looking at California and seeing
11 that there are so many -- there's so many
12 risks in opening this up. And legal rights
13 and protections that have been very long
14 fought for.
15 So I think it is not common sense,
16 I think it's very uncommon sense. I'll be
17 voting no.
18 ACTING PRESIDENT LITTLE: Thank
19 you, Senator.
20 Senator Diaz.
21 SENATOR DIAZ: Thank you, Madam
22 President. On the bill.
23 ACTING PRESIDENT LITTLE: On the
24 resolution, Senator.
25 SENATOR DIAZ: You know, this is
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1 one of those bills that I question why they
2 have been put aside. It's a good bill. And
3 then I hear the other side, the Republican
4 side, talking to us like we were opposing the
5 bill.
6 On June 15, 2005, this piece of
7 legislation came to the floor and we passed it
8 56 to 5. Last year, on June 6, 2006, the bill
9 came back to us and we approved it 51 to 10.
10 So, you know, this bill has the majority
11 support in this house. We Democrats, we on
12 this side have joined you there to approve the
13 bill. So what are we talking about, lecturing
14 whom?
15 So I congratulate Senator Bruno.
16 It's a good piece of legislation. But, ladies
17 and gentlemen, you know, when we talk, we
18 might talk praising the sponsor for the great
19 piece of legislation, but it doesn't need
20 lectures. We are supporting the bill. The
21 bill has passed two years in a row in this
22 house. We are for this bill. The majority of
23 us, again, I'm saying we are supporting the
24 bill.
25 So congratulations, Senator Bruno,
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1 congratulations to all the members. And
2 please let's continue with other issues. This
3 bill has our support.
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator.
6 Senator Robach.
7 SENATOR ROBACH: Yes, Madam
8 President.
9 I too join to support this. You
10 know, I've always said it's my honor and
11 privilege to represent the people in my
12 district, and I really -- I mean that
13 sincerely. And I think that this is just the
14 ability to extend that representation to them,
15 to let them have that voice.
16 And ironically, I couldn't -- I
17 understand the difficulty with decision
18 making, but I couldn't disagree more with my
19 colleague from Westchester. While I may not
20 like the outcome of what people decide, that's
21 clearly their prerogative. And I do
22 understand that there are some pitfalls on who
23 has resources and who doesn't. But
24 ultimately, empowering people on important
25 issues to vote directly is critically
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1 important.
2 And I know there's been a lot of
3 people in this room who have joined me. It's
4 very concerning to me that we have to deal
5 with more and more important issues or things
6 that government does that impacts lives,
7 whether it's almost becoming fully responsible
8 for healthcare, other issues, things that
9 really affect people's lives. It would seem
10 to me people would think government is even
11 more important.
12 Yet we know the voting trend is
13 going the opposite way. About half the people
14 that can vote get registered. About half of
15 those turn out on a normal election year. So
16 we have 25 percent of the people feeling their
17 vote is really important or empowering
18 themselves.
19 I really believe that initiative
20 and referendum gives them even more incentive
21 to be directly involved in the legislative
22 process. It's just one more reason why we
23 should do this.
24 This is ultimately power to the
25 people. I say right on, Eric Schneiderman.
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1 So I'll be casting my vote in the affirmative.
2 And hopefully we will also get some action in
3 the other house as well.
4 Thank you, Madam President.
5 ACTING PRESIDENT LITTLE: Thank
6 you, Senator.
7 Senator Connor.
8 SENATOR CONNOR: Thank you, Madam
9 President.
10 It's indeed an interesting day when
11 the Republican party in this house abandons
12 republicanism with a small "R" and embraces
13 democracy with a small "D".
14 I'm going to go along with it. But
15 I think if you look at the history of
16 initiative and referendum, it started in
17 Western states as a democratic revolt against
18 the established powers that controlled the
19 legislatures.
20 And I on this floor years ago heard
21 members on the other side of the aisle lecture
22 us about New York is a republic and we are
23 governed through elected representatives who
24 use their judgment. And that's the
25 very-small-C conservative system that our
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1 founding fathers, because they were all male,
2 embraced.
3 And the fact is, watch what you
4 wish for. Because when I go back to my
5 district, people say: The Assembly passed
6 this bill to help tenants or to limit rents
7 and the Senate won't even take it up. Or they
8 say: The Assembly passed this gun control
9 bill, but the Senate won't take it up. Or
10 they say the Assembly has acted on this, that
11 and the other thing, but the Senate won't take
12 it up. So just watch what you wish for,
13 because there are two sides to all these
14 issues.
15 I can see initiative and
16 referendum, very popular initiative: cut
17 legislators' pay in half. For all the wrong
18 reasons, for all the wrong reasons, the public
19 would run at that. Particularly when the
20 press keeps calling us part-time legislators,
21 when all of us, whether you have some outside
22 occupation or not, spend well more than
23 40 hours a week doing this job.
24 So watch what you wish for. If
25 it's going to be direct democracy, you're
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1 going to get it, somebody will want term
2 limits, somebody will want pay cuts, somebody
3 will want to abolish all taxes and leave us
4 with a budget to fashion with no revenue. But
5 if this is what the Republican party in this
6 house embraces, it's democracy. And I'm a
7 Democrat, and I'll vote for it.
8 ACTING PRESIDENT LITTLE: Thank
9 you, Senator.
10 Senator Montgomery.
11 SENATOR MONTGOMERY: Yes, thank
12 you, Madam President. Just briefly on the
13 bill.
14 I'm going to oppose the bill. I
15 have opposed it in the past. And one of the
16 issues that I take very seriously is the issue
17 raised by Senator Oppenheimer, and that is in
18 many instances -- in fact, in all of the
19 instances that I'm aware of where states, any
20 state or any locality has the option for this
21 kind of open access to change government, the
22 money is what drives the decision.
23 And even, as Senator Oppenheimer
24 has indicated, even when it is not in the
25 interests of the public, if there is enough
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1 money opposing or supporting whatever it is --
2 i.e., in the instances that we know of in the
3 state of California, where the issue of the
4 referendum has driven a criminal justice law
5 that is sinking the state to the point where
6 the Governor is asking for some repeal because
7 of the problems raised by the referendum on
8 three-strikes-and-you're-out, and et cetera.
9 So this is really not government by
10 the people. This is not power to the people,
11 this is screw the people. Because the money
12 is going to make the difference. And so I
13 object to using that word. I know Senator
14 Robach means it in all well-intended, but
15 that's not what's going to happen here,
16 Senator Robach.
17 And I think you and I know -- in
18 fact, I'm just reading this article, and I
19 never thought how much I would miss Warren
20 Anderson. But I do miss him. This is a
21 wonderful article on him. I would ask my
22 colleagues to take the time to read this.
23 It's in the Times Union. And -- excuse me, I
24 wasn't supposed to say that. But it's a
25 wonderful article. You can look it up and try
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1 to find it.
2 But I will tell you that Warren
3 Anderson thought this was a bad idea. And I
4 respected him, because he respected the
5 institution.
6 Yes, we get bottlenecked. I'm
7 frustrated very often. I know all of us are.
8 But certainly it doesn't mean that we should
9 throw democracy to the wind. And that's what
10 I think that we're proposing to do.
11 Because unless the citizens in my
12 district are able to afford to come up and
13 compete with whatever there is that's going to
14 be on the referendum for this year or next
15 year, whether or not it's Cablevision or it's
16 some other corporation, unless they're able to
17 put the same amount of money in, they're never
18 going to win a referendum on the ballot.
19 So I'm going to oppose this, and
20 it's because I support my constituents and the
21 voters of this state, not because I'm trying
22 to take democracy away. But I think that this
23 proposal will indeed take the democracy away,
24 especially from constituents that I represent.
25 So I'm voting no, Madam President.
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1 ACTING PRESIDENT LITTLE: Thank
2 you, Senator Montgomery.
3 Does any other member wish to be
4 heard on this bill?
5 Senator Schneiderman.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Madam President.
8 This has been an illuminating
9 debate. And I appreciate the fact that so
10 many of my colleagues are frustrated -- and
11 I've just written down some of the language
12 used -- with the gridlock. And Senator Libous
13 is obviously the most frustrated of all.
14 We can't get bills to the floor, we
15 can't get bills to the Assembly, we have
16 problems with the fact that this Legislature
17 in fact is gridlocked, as the good government
18 advocates have accused us of over the years.
19 Well, I have a suggestion. We
20 don't have to do a constitutional amendment.
21 The fervor for transparency and open
22 government that is breaking out on the other
23 side of the aisle can be resolved and can be
24 addressed and can be satiated if we just
25 simply amend Rule 8 of the Senate Rules to
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1 allow us to get bills that have a majority of
2 members in support to the floor.
3 Just eliminate this little
4 requirement that the Temporary President is
5 the only person with the power to put a bill
6 on the active list. And then we would
7 embarrass the Assembly into doing the same.
8 Let's open government. We don't
9 need a constitutional amendment. We don't
10 need to go through this charade of waiting
11 years and deluding the public and saying, Oh,
12 we're with you, we're with you.
13 Until we amend our rule to allow
14 bills to get to the floor when most members
15 support them -- members representing the
16 people of this state -- let's put down the
17 rhetoric, let's get down from the high horse,
18 let's do something to open government that's
19 within our power. And then we won't need to
20 engage in the debate over this.
21 As to the people who say that
22 referendum and initiative is such a good
23 thing, I urge you, as some of my colleagues
24 have, visit California when they're going
25 through this process. You will see some of
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1 the ugliest government and some of the ugliest
2 influence of big money in politics that you
3 will ever see in your life.
4 Thank you, Madam President. I will
5 be voting no.
6 ACTING PRESIDENT LITTLE: Thank
7 you.
8 Any other Senator?
9 The debate is closed.
10 The Secretary will ring the bell.
11 On the resolution, the Secretary
12 will call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT LITTLE: The
15 Secretary will announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1442 are
18 Senators Dilan, Gonzalez, Hassell-Thompson,
19 Huntley, Montgomery, Oppenheimer, Perkins,
20 Savino, Schneiderman, Stavisky and Thompson.
21 Those Senators absent from voting
22 pursuant to Rule 9: Alesi, Duane, Golden,
23 Winner, and Wright.
24 Absent from voting: Senator C.
25 Kruger.
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1 Ayes, 43. Nays, 11.
2 ACTING PRESIDENT LITTLE: The
3 concurrent resolution is adopted.
4 Senator Bruno.
5 SENATOR BRUNO: Madam President,
6 can we at this time continue with the calendar
7 in regular order.
8 ACTING PRESIDENT LITTLE: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 221, by Senator Nozzolio, Senate Print 1453,
12 an act to amend the Correction Law.
13 SENATOR MONTGOMERY: Explanation.
14 ACTING PRESIDENT LITTLE: Senator
15 Nozzolio, an explanation has been requested.
16 SENATOR NOZZOLIO: Thank you,
17 Madam President.
18 Madam President, this bill is not
19 new for our consideration, in the fact that we
20 have continued to fight for this measure each
21 and every year for the past ten years.
22 This measure would require the
23 inmates who are currently incarcerated in
24 New York State correctional facilities to make
25 copayments in the amount of $7 for their
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1 medical treatment.
2 This I will state at the outset,
3 and will probably have to state a number of
4 times during this debate, that this does not
5 preclude any inmate who is in need of care
6 from receiving medical care.
7 What this does do is require a
8 modest copayment for the expenditure of
9 healthcare. That many states -- like Arizona,
10 Minnesota, Pennsylvania, Nevada -- all have
11 similar programs. That the Supreme Court of
12 the United States found that as long as
13 medical care was received by the inmates, an
14 adequate or an acceptable reasonable copayment
15 could be charged.
16 This, Madam President, is a measure
17 that tries to establish equity. Those
18 individuals who are guarding the inmates, the
19 correction officers of our state, have to pay
20 a copayment. The individuals who are teaching
21 the inmates in the correctional facilities
22 have to make a copayment. The plumber, the
23 electrician, those who work in the
24 correctional facilities have to make a
25 copayment.
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1 That's what we're trying to do with
2 this measure, establish equity, establish a
3 sense of fairness, and in so doing help make
4 our correctional facilities more efficient and
5 healthcare within those facilities more
6 effective.
7 ACTING PRESIDENT LITTLE: Thank
8 you, Senator Nozzolio.
9 Senator Montgomery.
10 SENATOR MONTGOMERY: Yes, Madam
11 President. I would like to ask if Senator
12 Nozzolio would yield for a couple of
13 questions.
14 ACTING PRESIDENT LITTLE: Thank
15 you.
16 Senator Nozzolio, do you yield?
17 SENATOR NOZZOLIO: Yes, Madam
18 President.
19 ACTING PRESIDENT LITTLE: The
20 Senator yields.
21 SENATOR MONTGOMERY: Yes, Senator
22 Nozzolio, I know that you came up with the
23 figure of $7 per-visit copayment. I'm just
24 wondering, how long does it take the inmate to
25 work to get $7? Do you have that figure?
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1 SENATOR NOZZOLIO: Madam
2 President, the question is how long it will
3 take an inmate to work to gain $7. I think it
4 depends whether or not the inmate is in fact
5 working in our correctional facilities.
6 Work unfortunately is not mandated.
7 That if Senator Montgomery would like to
8 mandate a work requirement for all
9 correctional inmates in our state, I would be
10 glad to support that.
11 But the fact is inmates work on a
12 voluntary basis. They make license plates,
13 they make trash containers for the
14 metropolitan regions of our state, they make
15 furniture. That is part of their
16 incarceration. In so doing, they are learning
17 metal work, they are learning carpentry, they
18 are learning finishing work, those kinds of --
19 part of their educational system.
20 They also are given free room,
21 obviously, and free meals. That is all part
22 of their incarceration. It costs
23 approximately $50,000 a year to house an
24 inmate in our state correctional facilities.
25 This measure, Madam President,
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1 requires a $7 copay. Senator Montgomery wants
2 to know how long it would take for an inmate
3 to receive $7. It depends on, Senator, what
4 type of work the inmate was engaged in. That
5 if they were working, wages are below minimum
6 wage. I believe they're close in the $3 to $5
7 range. So I think that that's as much as I
8 can present not knowing any further specific
9 circumstances.
10 SENATOR MONTGOMERY: Madam
11 President, if Senator Nozzolio would continue
12 to yield.
13 ACTING PRESIDENT LITTLE: Thank
14 you.
15 Senator, do you yield?
16 SENATOR NOZZOLIO: I'll be happy
17 to yield, Madam President.
18 ACTING PRESIDENT LITTLE: The
19 Senator yields.
20 SENATOR MONTGOMERY: Yes, I
21 wasn't clear when I asked the question, so you
22 gave me much more than I actually needed. But
23 thank you anyway.
24 I wanted to know, how much does --
25 what's the maximum hourly rate that an inmate
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1 can earn based on any of those various and
2 sundry jobs that you listed -- making the
3 trash bins for local municipalities, making
4 the street signs and the stop signs and the
5 highway signs and all of the other things that
6 they do, including all of the furniture in the
7 state? What's the maximum that they can earn
8 hourly?
9 SENATOR NOZZOLIO: I do not have
10 the figure of the hourly rate with me, Madam
11 President. I cannot answer that question.
12 SENATOR MONTGOMERY: All right.
13 Thank you.
14 Madam President, on the bill.
15 ACTING PRESIDENT LITTLE: Thank
16 you. Senator Montgomery, on the bill.
17 SENATOR MONTGOMERY: Thank you.
18 Senator Nozzolio indicated in his
19 answer that the work is voluntary. He doesn't
20 have the hourly rate. But as far as I know,
21 it's not as much as $2 an hour. I think it's
22 perhaps $2 a day, or some very, very small
23 amount. It's way below anything close to a
24 minimum. So the issue of whether or not an
25 inmate has $7 to make a copayment with is a
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1 huge question.
2 I have opposed this legislation
3 because it's not related to the actual cost of
4 healthcare. It doesn't raise funds for that
5 purpose. It is stated in the memo to support
6 the legislation that it is purely punitive,
7 essentially. It's done in order to discourage
8 inmates from utilizing the health facilities,
9 such as they are, in prison.
10 And in the legislation it says
11 specifically should an inmate not have
12 sufficient funds in his or her account to
13 cover the charges, then the account shall be
14 frozen pending receipt of funds sufficient to
15 satisfy the obligation.
16 So essentially this is an extreme
17 measure. It is extremely punitive. And in
18 fact, if a person either is not working or is
19 working and certainly does not earn enough to
20 come up with a $7 copay, either they don't
21 access the healthcare or, if they do, they
22 incur a debt which is held against them until
23 they either earn or some family member sends
24 them money to pay.
25 So it may discourage people from
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1 utilizing the health facilities. There are a
2 large number of inmates who have chronic
3 ailments and diseases. And if those are not
4 treated when they're incarcerated, we know
5 that they come back to their community and
6 very often those diseases come back with them.
7 So we don't want -- this is a public health
8 disaster, especially for certain communities,
9 and it's a health disaster for people who are
10 incarcerated.
11 So I'm going to continue to vote
12 no. And since this bill has been around since
13 1996, I believe it says, there is some reason
14 why we have not been able to move this
15 legislation, thankfully. So we'll just
16 continue to see it come by, and I will
17 continue to oppose it.
18 Thank you, Madam President.
19 ACTING PRESIDENT LITTLE: Thank
20 you.
21 Senator Diaz.
22 SENATOR DIAZ: Thank you, Madam
23 President.
24 You know, anyone that knows me --
25 and people that know me know that I speak what
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1 I feel, do what I feel, and I am not committed
2 to anything that I believe is not fair to
3 people. When I have to vote with the
4 Republican side because I believe that the
5 bill is good for a community, I always do
6 that. When I have to vote against my
7 Democratic colleagues because I believe that a
8 bill is not so good, I will do that. So it is
9 not -- to me, it is not Democrat or
10 Republican.
11 But this is one of those bills,
12 this is one of those pieces of legislation
13 that gives the Republican Party a bad name and
14 make me puke. This bill makes me [retching
15 sound], and I'll tell you why.
16 You know, she called it extreme;
17 Senator Montgomery called this an extreme
18 measure. I would call it meanspirited.
19 That's what I would call this bill. This bill
20 is one of those bills that doesn't show human
21 feeling, doesn't show, you know, passion for
22 people, doesn't show, you know, compassion.
23 It's like litter for you.
24 Seven dollars to an inmate per
25 visit, and they're in jail. When you get
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1 arrested and you get indicted and you get
2 sentenced, you become property of the state.
3 You are property of the government. The
4 government is responsible for your well-being,
5 for your health, for whatever. You are
6 property of the government.
7 And an inmate, as Senator
8 Montgomery said, you know, they -- I believe
9 that they make 25 cents a day, if I'm not
10 mistaken, 25 cents a day or something like
11 that. Now the Senator wants them to pay $7
12 per visit to a doctor, when they have to go to
13 see a doctor.
14 I mean, sometimes I am criticized
15 by my colleagues, by my friends, and they tell
16 me "Hey, are you a Republican or are you a
17 Democrat?" Because sometimes I vote my
18 conscience. How do you explain something like
19 that to the community? How can you go to bed,
20 how do you go to bed and thinking, Oh, I did
21 something great, I submitted a piece of
22 legislation asking for $7 for inmates when
23 they get sick to go see the doctor. And if
24 they don't have the money, we freeze their
25 account until they get the money.
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1 In Puerto Rico, we say [Spanish],
2 meaning I don't know what.
3 (Laughter.)
4 SENATOR DIAZ: But, ladies and
5 gentlemen, come on, stop this meanspirited
6 bill. Stop this. We're supposed to show
7 human feeling. We're supposed to understand
8 suffering. You understand -- we should
9 understand, you know, what is this? Seven
10 dollars. My goodness. My fellow -- my
11 colleagues on the other side, this one, in
12 this one you are giving your party a bad name,
13 a bad, bad name. And that's what in our
14 communities sometimes we think about
15 Republicans, because of this kind of bill.
16 Madam President, call me in the
17 negative, one, two, twice, fourth time, fifth
18 time, negative. Thank you.
19 ACTING PRESIDENT LITTLE: Thank
20 you, Senator Diaz.
21 Is there any other Senator wishing
22 to be heard?
23 Senator Nozzolio, to close the
24 debate.
25 SENATOR NOZZOLIO: Thank you,
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1 Madam President and my colleagues.
2 I appreciate hearing the passion
3 exhibited, on behalf of the inmates of this
4 state who are incarcerated, by the other side
5 of the aisle.
6 I find it so ironic that that other
7 side of the aisle decided just last March to
8 cut $775,000 from the Mercy Rehab Nursing Home
9 in the city of Auburn that would have closed
10 that healthcare facility.
11 I also see the passion on the other
12 side of the aisle misplaced because you all
13 voted to cut $150,000 from a very fragile
14 healthcare facility called Auburn Memorial
15 Hospital that is on the verge of deciding
16 whether it can stay open. It's fighting hard
17 to stay open, to be the chief healthcare
18 provider not only for the 70-plus-thousand
19 citizens immediately in and surrounding Auburn
20 but also for the 1500 inmates who are in the
21 Auburn Correctional Facility.
22 This bill says that those
23 incarcerated inmates in Auburn and in every
24 other correctional facility in this state need
25 to put $7 on the table when they go to visit a
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1 healthcare provider. We're not saying that if
2 they don't have that $7 that the healthcare
3 will be denied. And that was where your
4 passion was placed, and that's what this bill
5 says, that you will provide, the state will
6 provide that assistance.
7 But if you have money in your
8 account -- and inmates in this state, each one
9 of the 63,000 plus inmates in this state have
10 a bank account, a physical bank account
11 managed by the State of New York. And that
12 bank account has assets in it that they are
13 utilizing to buy a lot of things at the
14 commissary. The commissary, by the way, where
15 they can buy things and not pay sales tax.
16 But that's an issue for another day.
17 The fact of the matter is the
18 inmates of this state should have to
19 participate in their own healthcare, at least
20 a small portion. What is the healthcare copay
21 of the state employees of this state? Those
22 correction officers who are managing those
23 correctional facilities and putting their
24 lives on the line have to pay almost three
25 times a copay than the inmates are being
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1 suggested to pay under this legislation.
2 So, Madam President, I say this.
3 This measure is to establish equity in our
4 correctional systems. It's to try to make our
5 correctional healthcare provisions more -- not
6 just equitable, but more efficient.
7 Others in this chamber have said,
8 about healthcare in our prison facilities, go
9 to a prison facility today and you will see a
10 long line of individuals who are out there to
11 get healthcare, at least some of them. Many
12 others are out in the same lines because they
13 have nothing else to do that day and are in
14 effect taking the time away from the
15 physicians, taking time away from the
16 taxpayers, taking money away from the Mercy
17 Rehab Centers and the Auburn Memorial
18 Hospitals that are struggling to keep open to
19 provide assistance, medical care to patients
20 who are law-abiding citizens.
21 Where's your equity, where's your
22 passion, where's your compassion for those who
23 are facing healthcare crises? Where's your
24 compassion for those who are uninsured?
25 We need to save funds. This is a
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1 place to save funds to ensure that more
2 patients will have healthcare. Madam
3 President, that's why I'm moving this bill.
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator Nozzolio.
6 The debate is closed.
7 The Secretary will ring the bell.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 120th day.
11 ACTING PRESIDENT LITTLE: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT LITTLE: Senator
15 Schneiderman, to explain his vote.
16 SENATOR SCHNEIDERMAN: Yes, Madam
17 President, to explain my vote.
18 I just want to refer briefly to
19 some of the comments that were made during the
20 debate.
21 I've checked, and prisoners who do
22 have bank accounts make 35 cents an hour.
23 We are preparing now for the first
24 meeting of the sentencing commission that the
25 Governor is convening tomorrow morning. One
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1 of the items on our agenda is reentry. And
2 the first principle of reentry is if you let
3 people out of prison with a small stake, they
4 have a better chance to avoid recidivism.
5 So we are cutting off our nose to
6 spite our face with this bill. It will
7 discourage people who are sick from going to
8 the doctor. It will send people out of prison
9 less capable of reentering society safely. It
10 is a bad bill. And Senator Diaz is correct,
11 it is in fact a meanspirited bill. I would
12 urge all of my colleagues not to take this
13 self-destructive course.
14 I am voting no.
15 ACTING PRESIDENT LITTLE: Senator
16 Schneiderman in the negative.
17 Senator Montgomery, to explain her
18 vote.
19 SENATOR MONTGOMERY: Yes, Madam
20 President, thank you. I want to rise to
21 explain my vote.
22 Yes, I'm voting no. And I want to
23 just say that I'm a little disappointed in my
24 colleague Senator Nozzolio because I feel like
25 he's playing political blackmail with us by
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1 saying that we are for -- we should not be --
2 we're somehow, as Democrats, coddling the
3 prisoners. And that's not the case. And I
4 don't think that Senator Nozzolio believes
5 that either.
6 But it's easy to get the citizens
7 of this state riled up and frightened and
8 divided based on these kinds of arguments that
9 somehow, because you believe in a more humane
10 approach to dealing with the criminal justice
11 issues, that you are soft on crime or there's
12 something wrong with you.
13 I don't like to be put in that
14 position. It's an intimidation tactic to make
15 you feel guilty about what it is you believe.
16 But I won't accept that, and I don't think the
17 citizens of this state accept that.
18 This is what it is, and that is
19 it's meanspirited, it's a mean thing, and it's
20 very, very bad public health policy. Because
21 we do not want people coming to live in
22 communities with diseases that could have been
23 treated while they were in prison but they
24 were not because they were required to pay a
25 fee.
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1 So, Madam President, I vote no.
2 ACTING PRESIDENT LITTLE: Thank
3 you. Senator Montgomery will be recorded in
4 the negative.
5 Senator Diaz, to explain his vote.
6 SENATOR DIAZ: Yes, I just -- I'm
7 voting no on this bill.
8 But also I'm glad that Senator
9 Schneiderman clarified the pay rate for the
10 inmates. He said that they get 35 cents per
11 hour.
12 And then when we talk about
13 inmates, that we are supporting inmates, that
14 they have to pay for their own health, we are
15 not even taking into consideration the thing
16 that the inmates contribute to the state.
17 You know, they work. And, you
18 know, they make license plates. And you know
19 the millions of dollars that the government
20 makes, the government makes in license plates?
21 And they pay so little money to the inmates to
22 make those license plates. Do you know the
23 money that the government saves painting
24 buildings, cutting grass, doing furniture,
25 repairing vehicles, painting vehicles? You
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1 know all the money that the government, the
2 state saves because of the inmates?
3 So, ladies and gentlemen, we are
4 not doing a favor to the inmates. If we're
5 going to see exactly the right side of the
6 law, then they're doing the government a
7 favor. They're saving money. And now we want
8 them to pay $7 per doctor visit.
9 I make $79,000 a year. That's my
10 salary, $79,000 -- 79,500? Okay, $79,500.
11 When I go to the doctor I pay $15, a $15
12 copay, and the company pays the rest. So if I
13 make $79,000 -- $79,500 a year and I have to
14 pay $15 per visit, you want to take tell the
15 inmate that makes 35 cents an hour to pay $7?
16 Arrr. I don't know -- I don't know what kind
17 of hearts some people have.
18 But me and my colleagues, we're
19 voting no. Thank you.
20 ACTING PRESIDENT LITTLE: Thank
21 you. Senator Diaz will be recorded in the
22 initiative.
23 Senator Sabini, to explain his
24 vote.
25 SENATOR SABINI: Madam President,
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1 thank you. I just wanted to explain my vote.
2 I'll be voting in the negative, as
3 I have in the past. I haven't spoken on this
4 before. But I note in my email inbox today
5 there was an email from the New York State
6 Correction Officers, and a correction officer
7 in an upstate prison has contracted a rare
8 form of flesh-eating bacteria which has
9 seriously jeopardized his health.
10 And I believe that we want to
11 encourage people to see physicians when they
12 need to. I think it's a workplace health
13 issue, in the case of a prison, where disease
14 can spread rather rapidly.
15 And for many of the reasons my
16 colleagues have stated, I will also be voting
17 no. Thank you.
18 ACTING PRESIDENT LITTLE: Thank
19 you. Senator Sabini will be recorded in the
20 negative.
21 Senator Connor, to explain his
22 vote.
23 SENATOR CONNOR: Thank you, Madam
24 President.
25 My colleagues, do the math. If you
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1 make 35 cents an hour and you have to go to
2 the doctor's once, that's 20 hours of your
3 pay.
4 If Senator Nozzolio were proposing
5 a bill saying an inmate should be charged
6 50 cents copay, I might have problems with the
7 principle, but the reasonableness of it would
8 be hard to fight with.
9 Do the math for yourself. Assume
10 you only make the 79,500 that we get paid --
11 and I know that's not true for everybody. We
12 actually make more. So let's do it more
13 realistically. Assume you're just a ranking
14 minority member on a committee; you make
15 $90,000. Would it be reasonable to say to go
16 to the doctor's you should pay an $820 copay?
17 That's the proportion you're proposing here.
18 Would you think an $820 copay was a reasonable
19 token payment toward your healthcare? That's
20 assuming you work, you know, 40 hours a week.
21 So this bill, besides being
22 meanspirited, pandering to the public's
23 disdain for convicted criminals, it's just
24 plain out of proportion and unreasonable. You
25 figure it out. Half of your week's wages for
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1 one visit to the doctor? Now, is that
2 reasonable? Would it be reasonable if every
3 time you or your spouse or one of your kids
4 went to the doctor you had to pony up $800 as
5 your copay? I don't think so, Madam
6 President.
7 This is a bad bill. It's
8 meanspirited, as has been said before, but
9 it's also just not reasonably proportionate to
10 the income of these inmates.
11 ACTING PRESIDENT LITTLE: Thank
12 you. Senator Connor will be recorded in the
13 in the negative.
14 Announce the results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 221 are
17 Senators Connor, Diaz, Dilan, Duane, Gonzalez,
18 Hassell-Thompson, Huntley, L. Krueger,
19 Montgomery, Onorato, Perkins, Sabini, Sampson,
20 Savino, Schneiderman, Serrano, Smith,
21 Stavisky, Stewart-Cousins, and Thompson. Also
22 Senator Breslin. Also Senator Oppenheimer.
23 Absent from voting pursuant to
24 Rule 9: Senators Golden and Wright.
25 Absent from voting: Senator C.
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1 Kruger.
2 Ayes, 34. Nays, 22.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 Senator Duane, why do you rise?
6 SENATOR DUANE: Thank you, Madam
7 President.
8 Pursuant to Rule 9, I was required
9 to be at a public meeting of the Article 10
10 conference committee, and I missed voting
11 something. But I'm allowed to do it now, as
12 you know. So I would like to cast my vote for
13 S6020, Calendar Number 1442, in the negative.
14 Thank you, Madam President.
15 ACTING PRESIDENT LITTLE: Thank
16 you. You will be so recorded, Senator Duane.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could lay aside for the day the balance
20 of the controversial calendar.
21 And there will be an immediate
22 meeting of the Rules Committee in the Majority
23 Conference Room.
24 ACTING PRESIDENT LITTLE: The
25 bills are laid aside for the day.
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1 There is an immediate meeting of
2 the Rules Committee in the Majority Conference
3 Room. The Senate will stand at ease.
4 (Whereupon, the Senate stood at
5 ease at 5:19 p.m.)
6 (Whereupon, the Senate reconvened
7 at 5:31 p.m.)
8 ACTING PRESIDENT LITTLE: Senator
9 Skelos.
10 SENATOR SKELOS: Madam President,
11 if we could return to the order of motions and
12 resolutions.
13 On behalf of Senator Flanagan, on
14 page number 26 I offer the following
15 amendments to Calendar Number 740, Print
16 Number 830, and ask that said bill retain its
17 place on the Third Reading Calendar.
18 ACTING PRESIDENT LITTLE: Thank
19 you, Senator. The amendments are received and
20 adopted, and the bill will retain its place on
21 the Third Reading Calendar.
22 SENATOR SKELOS: On behalf of
23 Senator Golden, on page number 37 I offer the
24 following amendments to Calendar Number 952,
25 Senate Print Number 4078, and ask that said
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1 bill retain its place on the Third Reading
2 Calendar.
3 ACTING PRESIDENT LITTLE: Thank
4 you. The amendments are received and adopted,
5 and the bill will retain its place on the
6 Third Reading Calendar.
7 SENATOR SKELOS: Madam President,
8 on behalf of Senator DeFrancisco, on page
9 number 41 I offer the following amendments to
10 Calendar Number 1012, Senate Print Number
11 2059A, and ask that said bill retain its place
12 on the Third Reading Calendar.
13 ACTING PRESIDENT LITTLE: Thank
14 you. The amendments are received and adopted,
15 and the bill will retain its place on the
16 Third Reading Calendar.
17 Senator Skelos.
18 SENATOR SKELOS: Madam President,
19 if we could return to the order of reports of
20 standing committees, there's a report of the
21 Rules Committee at the desk. I ask that it be
22 read at this time.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 The Secretary will read.
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1 THE SECRETARY: Senator Bruno,
2 from the Committee on Rules, reports the
3 following bills:
4 Senate Print 52, by Senator
5 Maziarz, an act to amend the Vehicle and
6 Traffic Law;
7 64, by Senator Padavan, an act to
8 amend the County Law;
9 231, by Senator Larkin, an act to
10 amend the Vehicle and Traffic Law;
11 328, by Senator Nozzolio, an act to
12 amend the Criminal Procedure Law;
13 613, by Senator Marcellino, an act
14 to amend the Vehicle and Traffic Law;
15 888, by Senator Trunzo, an act to
16 amend the General Municipal Law;
17 921, by Senator O. Johnson, an act
18 to amend the Tax Law;
19 1483, by Senator Skelos, an act to
20 amend the General Municipal Law;
21 1532, by Senator Fuschillo, an act
22 to amend the Penal Law;
23 1590, by Senator Libous, an act to
24 amend the Tax Law;
25 1618A, by Senator Maziarz, an act
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1 in relation;
2 1703, by Senator Robach, an act to
3 amend the Criminal Procedure Law;
4 1757, by Senator Rath, an act to
5 amend the Penal Law;
6 1843, by Senator Farley, an act to
7 amend the Criminal Procedure Law;
8 2019, by Senator Larkin, an act to
9 amend the Agriculture and Markets Law;
10 2036, by Senator Young, an act to
11 amend the Tax Law;
12 2177, by Senator Lanza, an act to
13 amend the Tax Law;
14 2334, by Senator Rath, an act to
15 amend the Real Property Tax Law;
16 2343, by Senator Little, an act to
17 amend the Tax Law;
18 2420, by Senator DeFrancisco, an
19 act to amend the Penal Law;
20 2445, by Senator Morahan, an act to
21 amend Chapter 425 of the Laws of 2006;
22 2554, by Senator C. Kruger, an act
23 to amend the Family Court Act;
24 2934, by Senator Marcellino, an act
25 to authorize;
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1 3092, by Senator Volker, an act to
2 amend the Executive Law;
3 3234, by Senator Winner, an act to
4 amend the New York State Urban Development
5 Corporation Act;
6 3329, by Senator Flanagan, an act
7 to amend the Penal Law;
8 3551, by Senator Young, an act to
9 authorize;
10 3759, by Senator Seward, an act to
11 amend the Abandoned Property Law;
12 3917, by Senator Skelos, an act to
13 amend the Retirement and Social Security Law;
14 4168, by Senator LaValle, an act to
15 amend the Criminal Procedure Law;
16 4259, by Senator Wright, an act to
17 amend the Tax Law;
18 4265, by Senator Bonacic, an act to
19 amend the Executive Law;
20 4268, by Senator Golden, an act to
21 amend the Criminal Procedure Law;
22 4860, by the Senate Committee on
23 Rules, an act to amend the Tax Law;
24 5170, by Senator Morahan, an act to
25 amend the Executive Law;
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1 5315, by Senator Fuschillo, an act
2 to amend the Vehicle and Traffic Law;
3 5731, by the Senate Committee on
4 Rules, an act to amend the Tax Law;
5 5926, by Senator L. Krueger, an act
6 to amend the Alcoholic Beverage Control Law;
7 5945, by Senator Padavan, an act to
8 amend the Real Property Tax Law;
9 5958, by Senator Saland, an act to
10 amend the Highway Law;
11 6003, by Senator Griffo, an act to
12 amend Chapter 92 of the Laws of 2001;
13 1325A, by Senator Lanza, an act to
14 amend the Judiciary Law;
15 3947A, by Senator Skelos, an act to
16 amend the Tax Law;
17 4304B, by Senator Fuschillo, an act
18 to amend the Executive Law;
19 5517, by Senator Fuschillo, an act
20 to amend the Penal Law;
21 5965, by Senator Little, an act to
22 authorize;
23 And Senate Print 5974, by Senator
24 Fuschillo, an act to amend the Vehicle and
25 Traffic Law.
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1 All bills ordered direct to third
2 reading.
3 ACTING PRESIDENT LITTLE: Senator
4 Skelos.
5 SENATOR SKELOS: Madam President,
6 move to accept the report of the Rules
7 Committee.
8 ACTING PRESIDENT LITTLE: All
9 those in favor of accepting the Rules report
10 say aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT LITTLE: Those
13 opposed.
14 (No response.)
15 ACTING PRESIDENT LITTLE: The
16 Rules report is accepted.
17 SENATOR SKELOS: Would you please
18 recognize Senator Stachowski.
19 ACTING PRESIDENT LITTLE: Senator
20 Stachowski.
21 SENATOR STACHOWSKI: Madam
22 President, on behalf of Senator Volker, I'd
23 like to remind all the members -- and
24 hopefully their offices are listening to
25 remind them -- that tomorrow morning is the
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1 service for the deceased legislators at
2 8:00 a.m. at St. Mary's Church.
3 ACTING PRESIDENT LITTLE: Thank
4 you, Senator.
5 SENATOR SKELOS: Thank you,
6 Senator Stachowski.
7 There being no further business to
8 come before the Senate, I move we stand
9 adjourned until Wednesday, June 6th, at
10 11:00 a.m.
11 ACTING PRESIDENT LITTLE: Thank
12 you. On motion, the Senate stands adjourned
13 until Wednesday, June 6th, at 11:00 a.m.
14 (Whereupon, at 5:35 p.m., the
15 Senate adjourned.)
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