Regular Session - June 7, 2007
3964
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 7, 2007
11 11:05 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR CATHARINE M. YOUNG, Acting 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 ACTING PRESIDENT YOUNG: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT YOUNG: In the
10 absence of clergy may we bow our heads,
11 please, in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT YOUNG: Reading
15 of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, June 6, the Senate met pursuant to
18 adjournment. The Journal of Tuesday, June 5,
19 was read and approved. On motion, Senate
20 adjourned.
21 ACTING PRESIDENT YOUNG: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Farley.
8 SENATOR FARLEY: Thank you, Madam
9 President.
10 On behalf of Senator Maziarz, I
11 wish to call up his bill, Print Number 258,
12 it's recalled from the Assembly and it's now
13 at the desk.
14 ACTING PRESIDENT YOUNG: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 167, by Senator Maziarz, Senate Print 258, an
18 act to amend the Administrative Procedure Act.
19 SENATOR FARLEY: Madam President,
20 I now move to reconsider the vote by which
21 this bill was passed.
22 ACTING PRESIDENT YOUNG: The
23 Secretary will call the roll upon
24 reconsideration.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 37.
2 SENATOR FARLEY: Madam President,
3 I now offer the following amendments.
4 ACTING PRESIDENT YOUNG: The
5 amendments are received.
6 SENATOR FARLEY: Again on behalf
7 of Senator Maziarz, Madam President, I wish to
8 call up his bill, Print Number 4460, it's
9 recalled from the Assembly and it's now at the
10 desk.
11 ACTING PRESIDENT YOUNG: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1066, by Senator Maziarz, Senate Print 4460,
15 an act to amend Chapter 547 of the Laws of
16 1947.
17 SENATOR FARLEY: Madam President,
18 I now move to reconsider the vote by which
19 this bill was passed.
20 ACTING PRESIDENT YOUNG: The
21 Secretary will call the roll on
22 reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 38.
25 SENATOR FARLEY: I now offer the
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1 following amendments.
2 ACTING PRESIDENT YOUNG: The
3 amendments are received.
4 SENATOR FARLEY: Madam President,
5 on behalf of Senator Winner, I wish to call up
6 his bill, Print Number 3219, it's recalled
7 from the Assembly and it's now at the desk.
8 ACTING PRESIDENT YOUNG: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 1197, by Senator Winner, Senate Print 3219, an
12 act to amend the Environmental Conservation
13 Law.
14 SENATOR FARLEY: I now move to
15 reconsider the vote by which this bill was
16 passed.
17 ACTING PRESIDENT YOUNG: The
18 Secretary will call the roll on
19 reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 38.
22 SENATOR FARLEY: Madam President,
23 I now offer the following amendments.
24 ACTING PRESIDENT YOUNG: The
25 amendments are received.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: Thank you
3 very much, Madam President.
4 Amendments are offered to the
5 following Third Reading Calendar bills:
6 Sponsored by Senator Golden, page
7 number 9, Calendar Number 269, Senate Print
8 Number 453;
9 By Senator Leibell, page number 13,
10 Calendar Number 434, Senate Print Number 3806;
11 By Senator Nozzolio, page number
12 22, Calendar Number 682, Senate Print Number
13 4118A;
14 By Senator Flanagan, page number
15 31, Calendar Number 891, Senate Print Number
16 3852;
17 By Senator Volker, page number 52,
18 Calendar Number 1305, Senate Print Number
19 4704A;
20 By Senator Flanagan, page number
21 31, Calendar Number 880, Senate Print Number
22 5628;
23 By Senator Flanagan, page number
24 53, Calendar Number 1333, Senate Print Number
25 690;
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1 By Senator Padavan, page number 34,
2 Calendar Number 956, Senate Print Number 5246;
3 By Senator Saland, page number 39,
4 Calendar Number 1043, Senate Print Number
5 3740;
6 By Senator Saland, page number 62,
7 Calendar Number 1534, Senate Print Number
8 5717A;
9 And by Senator Little, page
10 number 42, Calendar Number 1131, Senate Print
11 Number 5302A.
12 I now move that these bills retain
13 their place on the order of third reading.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Fuschillo. The amendments are
16 received, and the bills will retain their
17 place on the Third Reading Calendar.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 I believe there are substitutions at the desk.
21 If we can make them at this time.
22 ACTING PRESIDENT YOUNG: The
23 Secretary will read.
24 THE SECRETARY: On page 16,
25 Senator Little moves to discharge, from the
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1 Committee on Social Services, Children and
2 Families, Assembly Bill Number 1301 and
3 substitute it for the identical Senate Bill
4 Number 1108, Third Reading Calendar 503.
5 On page 27, Senator Trunzo moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 6478 and substitute it
8 for the identical Senate Bill Number 3261,
9 Third Reading Calendar 804.
10 On page 32, Senator Morahan moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 1453A and substitute it
13 for the identical Senate Bill Number 2902A,
14 Third Reading Calendar 909.
15 On page 37, Senator LaValle moves
16 to discharge, from the Committee on
17 Environmental Conservation, Assembly Bill
18 Number 6275 and substitute it for the
19 identical Senate Bill Number 3431, Third
20 Reading Calendar 1000.
21 On page 37, Senator Young moves to
22 discharge, from the Committee on Environmental
23 Conservation, Assembly Bill Number 7542 and
24 substitute it for the identical Senate Bill
25 Number 5141, Third Reading Calendar 1004.
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1 On page 38, Senator Winner moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 7112A and substitute it
4 for the identical Senate Bill Number 4170A,
5 Third Reading Calendar 1027.
6 On page 39, Senator Volker moves to
7 discharge, from the Committee on Codes,
8 Assembly Bill Number 7328 and substitute it
9 for the identical Senate Bill Number 4320,
10 Third Reading Calendar 1046.
11 On page 46, Senator O. Johnson
12 moves to discharge, from the Committee on
13 Environmental Conservation, Assembly Bill
14 Number 8210 and substitute it for the
15 identical Senate Bill Number 5832, Third
16 Reading Calendar 1208.
17 On page 46, Senator O. Johnson
18 moves to discharge, from the Committee on
19 Environmental Conservation, Assembly Bill
20 Number 8203 and substitute it for the
21 identical Senate Bill Number 5833, Third
22 Reading Calendar 1209.
23 On page 46, Senator O. Johnson
24 moves to discharge, from the Committee on
25 Environmental Conservation, Assembly Bill
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1 Number 8205 and substitute it for the
2 identical Senate Bill Number 5834, Third
3 Reading Calendar 1210.
4 On page 46, Senator O. Johnson
5 moves to discharge, from the Committee on
6 Environmental Conservation, Assembly Bill
7 Number 8207 and substitute it for the
8 identical Senate Bill Number 5835, Third
9 Reading Calendar 1211.
10 On page 51, Senator Padavan moves
11 to discharge, from the Committee on Rules,
12 Assembly Bill Number 7891 and substitute it
13 for the identical Senate Bill Number 5819,
14 Third Reading Calendar 1297.
15 On page 59, Senator L. Krueger
16 moves to discharge, from the Committee on
17 Rules, Assembly Bill Number 8455 and
18 substitute it for the identical Senate Bill
19 Number 5926, Third Reading Calendar 1481.
20 On page 60, Senator Larkin moves to
21 discharge, from the Committee on Rules,
22 Assembly Bill Number 316B and substitute it
23 for the identical Senate Bill Number 4834A,
24 Third Reading Calendar 1520.
25 And on page 62, Senator Saland
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1 moves to discharge, from the Committee on
2 Rules, Assembly Bill Number 723A and
3 substitute it for the identical Senate Bill
4 Number 5933, Third Reading Calendar 1541.
5 ACTING PRESIDENT YOUNG:
6 Substitutions ordered.
7 Senator Skelos.
8 SENATOR SKELOS: Madam President,
9 there will be an immediate meeting of the
10 Rules Committee in the Majority Conference
11 Room.
12 And if the Senate could stand at
13 ease.
14 ACTING PRESIDENT YOUNG: The
15 Senate will stand at ease.
16 (Whereupon, the Senate stood at
17 ease at 11:14 a.m.)
18 (Whereupon, the Senate reconvened
19 at 11:27 a.m.)
20 ACTING PRESIDENT YOUNG: Senator
21 Skelos.
22 SENATOR SKELOS: Madam President,
23 on the order of motions and resolutions, I
24 move that we adopt the Resolution Calendar at
25 this time.
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1 ACTING PRESIDENT YOUNG: Motions
2 and resolutions.
3 All in favor of adopting the
4 Resolution Calendar signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT YOUNG: Opposed,
7 nay.
8 (No response.)
9 ACTING PRESIDENT YOUNG: The
10 Resolution Calendar is adopted.
11 Senator Skelos.
12 SENATOR SKELOS: Madam President,
13 if we could return to reports of standing
14 committees, there's a report of the Rules
15 Committee at the desk. I ask that it be read
16 at this time.
17 ACTING PRESIDENT YOUNG: Reports
18 of standing committees.
19 The Secretary will read.
20 THE SECRETARY: Senator Bruno,
21 from the Committee on Rules, reports the
22 following bills:
23 Senate Print 335, by Senator
24 Nozzolio, an act to amend the Correction Law;
25 536, by Senator Larkin, an act to
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1 amend the Agriculture and Markets Law;
2 614, by Senator Marcellino, an act
3 to amend the Real Property Tax Law;
4 942A, by Senator LaValle, an act to
5 amend the Tax Law;
6 1222, by Senator C. Kruger, an act
7 to amend the Executive Law;
8 1480, by Senator Larkin, an act to
9 amend the Agriculture and Markets Law;
10 1705, by Senator Robach, an act to
11 amend the Vehicle and Traffic Law;
12 1827, by Senator DeFrancisco, an
13 act to amend the Economic Development Law;
14 1885A, by Senator Maziarz, an act
15 in relation to the initial date of enrollment;
16 1915A, by Senator Alesi, an act to
17 amend the Alcoholic Beverage Control Law;
18 2597, by Senator Alesi, an act to
19 amend the Volunteer Firefighters Benefit Law;
20 2989, by Senator Rath, an act to
21 amend the Tax Law;
22 3666, by Senator Winner, an act to
23 amend the Public Lands Law;
24 4253, by Senator Volker, an act to
25 amend the General Municipal Law;
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1 4270, by Senator Golden, an act to
2 amend the Penal Law;
3 4397, by Senator Flanagan, an act
4 to amend the Executive Law;
5 4511, by Senator Wright, an act to
6 amend the General Municipal Law;
7 4557, by Senator Golden, an act to
8 amend the Social Services Law;
9 4811, by Senator Nozzolio, an act
10 to amend the General Municipal Law;
11 4950, by Senator Winner, an act to
12 amend the Tax Law;
13 5144, by Senator Wright, an act to
14 amend the Highway Law;
15 5299, by Senator Bonacic, an act to
16 amend the Penal Law;
17 5729, by Senator Golden, an act to
18 amend the Penal Law;
19 5736A, by the Senate Committee on
20 Rules, an act to amend the Tax Law;
21 5826A, by Senator Wright, an act to
22 amend the Economic Development Law;
23 5851, by the Senate Committee on
24 Rules, an act to amend the Tax Law;
25 5918, by Senator Wright, an act to
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1 amend the Judiciary Law;
2 5978, by Senator Libous, an act to
3 amend Chapter 656 of the Laws of 2002;
4 And Senate Print 6007, by Senator
5 Maltese, an act to amend the Labor Law.
6 All bills ordered direct to third
7 reading.
8 ACTING PRESIDENT YOUNG: Senator
9 Skelos.
10 SENATOR SKELOS: Madam President,
11 move to accept the report of the Rules
12 Committee.
13 ACTING PRESIDENT YOUNG: All in
14 favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT YOUNG: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT YOUNG: The
20 Rules report is accepted.
21 Senator Skelos.
22 SENATOR SKELOS: Madam President,
23 if we could go to the noncontroversial reading
24 of the calendar.
25 ACTING PRESIDENT YOUNG: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 48, by Senator DeFrancisco, Senate Print 1264,
4 an act to amend the Real Property Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 53.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 74, by Senator Robach, Senate Print 1594, an
17 act to amend the Civil Service Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 175, by Senator Padavan, Senate Print 2414, an
5 act to amend the Administrative Code of the
6 City of New York.
7 ACTING PRESIDENT YOUNG: There is
8 a home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 53.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 278, by Senator Winner, Senate Print 1714, an
20 act to amend the Tax Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 314, by Senator Padavan, Senate Print 3315, an
8 act to amend the Civil Service Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 53.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 473, by Senator Farley --
21 SENATOR DUANE: Lay it aside,
22 please.
23 ACTING PRESIDENT YOUNG: The bill
24 is laid aside.
25 THE SECRETARY: Calendar Number
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1 503, substituted earlier today by Member of
2 the Assembly Aubertine, Assembly Print Number
3 1301, an act to amend the Social Services Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 53.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 563, by Senator Lanza, Senate Print 4239, an
16 act to amend the Civil Service Law.
17 ACTING PRESIDENT YOUNG: There is
18 a home-rule message at the desk.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 53.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 692, by Senator Leibell, Senate Print 4565, an
5 act to amend the Labor Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT YOUNG: Senator
14 Leibell, to explain his vote.
15 SENATOR LEIBELL: Yes, Madam
16 President, to explain my vote for a moment.
17 We have had a continuing problem in
18 this state and in this country with identity
19 theft. It's reached a crisis proportion.
20 Right now there are many of my constituents
21 who have been victims of this.
22 This legislation will amend the
23 Labor Law, and it is an attempt to prohibit
24 employers from using an employee's Social
25 Security number for purposes of identifying
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1 that employee. This would include a
2 prohibition against printing of the employee's
3 Social Security number on any form of employee
4 identification card.
5 I would also note that this has
6 become a major issue in the homeland security
7 area, as terrorists have become one of the
8 largest organized perpetrators of identity
9 theft, and they're seeking to finance their
10 operations through identity theft. It's
11 become a crisis in this state.
12 So I'm very pleased that this
13 legislation is passing the house today and
14 will look forward to the same sort of support
15 in the Assembly.
16 Thank you.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Leibell. You will be recorded in
19 the affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 53. Nays,
22 0.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 756, by Senator Winner, Senate Print 4238, an
2 act to amend the Alcoholic Beverage Control
3 Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 6. This
7 act shall take effect on the first day of the
8 month that begins at least 90 days after the
9 date on which it shall have become law.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 53.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 804, substituted earlier today by Member of
18 the Assembly Fields, Assembly Print Number
19 6478, an act to amend the Real Property Tax
20 Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 54.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 839, by Senator Griffo --
8 SENATOR DUANE: Lay it aside,
9 please.
10 ACTING PRESIDENT YOUNG: The
11 resolution is laid aside.
12 THE SECRETARY: Calendar Number
13 853, by Senator Little, Senate Print 1121, an
14 act to amend the State Finance Law and the
15 Environmental Conservation Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT YOUNG: Senator
24 Oppenheimer.
25 SENATOR OPPENHEIMER: Sorry.
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1 Thank you, Madam President. I was questioning
2 what bill we were on.
3 ACTING PRESIDENT YOUNG: We're on
4 853, by Senator Little.
5 SENATOR OPPENHEIMER: Thank you.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 853 are
8 Senators L. Krueger and Oppenheimer. Ayes,
9 53. Nays, 2.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 859, by Senator Farley, Senate Print 1562, an
14 act to amend the Public Health Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 55.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 860, by Senator Seward, Senate Print 3027, an
2 act to amend the Public Health Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 909, substituted earlier today by Member of
15 the Assembly Englebright, Assembly Print
16 Number 1453A, an act to amend the Mental
17 Hygiene Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect April 1, 2008.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 970, by Senator Golden, Senate Print 206, an
5 act to amend the State Finance Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1000, substituted earlier today by Member of
18 the Assembly Alessi, Assembly Print Number
19 6275, an act to authorize the Commissioner of
20 Environmental Conservation.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1004, substituted earlier today by Member of
8 the Assembly Parment, Assembly Print Number
9 7542, an act to amend the Environmental
10 Conservation Law.
11 ACTING PRESIDENT YOUNG: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1027, substituted earlier today by Member of
23 the Assembly Baccalles, Assembly Print Number
24 7112A, an act to amend the Tax Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1032, by Senator Farley, Senate Print 4408, an
12 act to amend the Tax Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1046, substituted earlier today by Member of
25 the Assembly Weinstein, Assembly Print Number
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1 7328, an act to amend the Civil Practice Law
2 and Rules.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect on the first of January
7 next succeeding.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1065, by Senator Skelos, Senate Print 4383B,
16 an act to amend the Penal Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1072, by Senator Fuschillo, Senate Print 1543,
4 an act to amend the Education Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1079, by Senator Nozzolio, Senate Print 5000,
17 an act in relation to legalizing certain acts.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1082, by Senator Farley, Senate Print 5761, an
5 act to legalize, validate, ratify and confirm
6 certain actions taken.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1128, by Senator DeFrancisco, Senate Print
19 4116, an act to amend the General Municipal
20 Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1195, by Senator Robach, Senate Print 2984, an
8 act to amend the General Municipal Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55. Nays,
17 2. Senators Duane and Padavan recorded in the
18 negative.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1208, substituted earlier today by Member of
23 the Assembly Titone, Assembly Print Number
24 8210, an act to amend the Environmental
25 Conservation Law.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 56. Nays,
9 1. Senator LaValle recorded in the negative.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1209, substituted earlier today by Member of
14 the Assembly Schimel, Assembly Print Number
15 8203, an act to amend the Environmental
16 Conservation Law.
17 ACTING PRESIDENT YOUNG: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT YOUNG: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 55. Nays,
25 2. Senators Duane and LaValle recorded in the
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1 negative.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1210, substituted earlier today by Member of
6 the Assembly N. Rivera, Assembly Print Number
7 8205, an act to amend the Environmental
8 Conservation Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55. Nays,
17 2. Senators Duane and LaValle recorded in the
18 negative.
19 ACTING PRESIDENT YOUNG: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1211, substituted earlier today by Member of
23 the Assembly Fields, Assembly Print Number
24 8207, an act to amend the Environmental
25 Conservation Law.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55. Nays,
9 2. Senators Duane and LaValle recorded in the
10 negative.
11 ACTING PRESIDENT YOUNG: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1263, by Senator Seward, Senate Print 5138, an
15 act to amend the Insurance Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1264, by Senator Seward, Senate Print 5431A,
3 an act to amend the Insurance Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 8. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1297, substituted earlier today by Member of
16 the Assembly Brennan, Assembly Print Number
17 7891, an act to amend Chapter 139 of the Laws
18 of 2005.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 57.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1346, by Senator Nozzolio, Senate Print 333A,
6 an act to amend the Correction Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 7. This
10 act shall take effect 18 months after it shall
11 have become law.
12 ACTING PRESIDENT YOUNG: Senator
13 Nozzolio.
14 SENATOR NOZZOLIO: Madam
15 President, to explain my vote.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Senator
20 Nozzolio, to explain your vote.
21 SENATOR NOZZOLIO: Thank you,
22 Madam President.
23 My colleagues, the action that we
24 are taking today in the enactment in this
25 legislation, this very important legislation
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1 relating to the confinement and treatment of
2 convicted individuals incarcerated in our
3 New York State system that are mentally ill,
4 that this provides the creation for the first
5 time of psychiatric correctional action within
6 our facilities.
7 It will make our prison facilities
8 in this state safer and more humane. That's
9 why the measure is supported by virtually
10 every major newspaper editorial page across
11 this state. That's why it's supported by the
12 advocates for the mentally ill. And that's
13 why we need to support this measure.
14 We argue about correctional issues
15 frequently in this chamber, but there is no
16 argument that we should be doing all we can to
17 make our jails safer places, safer places for
18 those incarcerated and safer places for those
19 brave men and women who lay their lives on the
20 line each and every day to work in those
21 correctional systems, work in those prisons,
22 do the job day in and day out in our jails.
23 Those are the correction officers of this
24 state, those are the dedicated correctional
25 personnel who teach there, who are involved
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1 there. And that that's why this measure makes
2 all the sense in the world.
3 That we believe it's landmark
4 legislation, and that it's very pleasing to
5 see it has so much support in this chamber,
6 because it's necessary to make our jails
7 safer, to make our jails more humane.
8 Thank you, Madam President. I vote
9 aye.
10 ACTING PRESIDENT YOUNG: Thank
11 you, Senator Nozzolio. You will be recorded
12 in the affirmative.
13 Senator Duane, to explain his vote.
14 SENATOR DUANE: Thank you, Madam
15 President.
16 I first and foremost want to
17 compliment Senator Nozzolio on this really
18 terrific piece of legislation. And anyone who
19 has walked down a corridor of a SHU would know
20 immediately that this legislation is very much
21 needed.
22 First and foremost, of course, is
23 the safety of the correction officers and the
24 staff and administration of our correctional
25 facilities. And this legislation I believe
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1 augments their safety in those correctional
2 facilities.
3 In addition, if we want our
4 correctional facilities to be humane places,
5 then this legislation will be enormously
6 helpful towards achieving that goal.
7 And I also would encourage my
8 colleagues to vote in the affirmative on this
9 legislation. It's much needed. It will make
10 New York State, I think, a leader on this
11 issue of mentally ill incarcerated people, and
12 also on safety and better-managed, well-run
13 correctional facilities.
14 I will be voting in the
15 affirmative, Madam President.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Duane. You will be recorded in
18 the affirmative.
19 Senator Montgomery.
20 SENATOR MONTGOMERY: Yes, Madam
21 President, I rise to thank Senator Nozzolio
22 for this legislation.
23 And it's really very, very
24 refreshing to hear and to see and to know that
25 he is really, really putting forth an
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1 extremely important and, as he said in his own
2 words, humane approach to how we treat people
3 who are incarcerated.
4 And I note that this legislation
5 calls for the assessment of people who are
6 mentally ill, and it speeds up the process,
7 provides oversight by the Commission on
8 Quality of Care, and really provides for
9 treatment which is very much more appropriate
10 for inmates who are severely mentally ill and
11 who act accordingly. Now they will be treated
12 rather than held in inhumane circumstances
13 until they are released back into society.
14 So I thank you, Senator Nozzolio.
15 And thank you, Madam President. I'll be
16 voting yes on this legislation.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Montgomery. You will be recorded
19 in the affirmative.
20 Senator Little, to explain her
21 vote.
22 SENATOR LITTLE: Thank you, Madam
23 President.
24 I'd like to congratulate Senator
25 Nozzolio for putting forth this bill once
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1 again. This is very, very important.
2 I have a number of facilities in my
3 district. And the Friday before Christmas, I
4 visited Great Meadow facility, which is
5 located in Washington County. And they have a
6 special mental health housing unit where 62
7 inmates who had been in special housing units
8 have been taken out of those housing units
9 because they were suffering from mental
10 illness and are being treated in this prison,
11 in Great Meadow prison.
12 I also had the opportunity to spend
13 some time talking to the psychologist -- I'm
14 not sure if she was a psychologist or
15 psychiatrist, but the doctor who is in charge
16 of this unit. And we talked a lot about the
17 treatment of these patients and how better it
18 was not only for the patient but for the
19 people taking care of them, the inmate and the
20 correction officer as well, because they were
21 being treated for their mental illness and
22 they were being treated as if they had a
23 mental illness rather than the fact that they
24 were just disruptive within the facility.
25 So it takes a little more space, it
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1 takes a few more correction officers, but the
2 correction officers there were working with
3 these inmates and understood and had been
4 trained to deal with them. So this is a very
5 important, humane piece of legislation.
6 It is currently being done within
7 our prison system, within the system that we
8 already have, so I don't believe that the
9 expense that is being talked about in having
10 all new facilities is really accurate. I
11 think that it can be done within the
12 facilities through some additions, some extra
13 space, and certainly with the caliber of the
14 correction officers that we have and more
15 mental health counselors and treatment for our
16 facilities.
17 So I vote aye and I really
18 encourage everyone to. I think that we are
19 doing something that's very humane by passing
20 this bill.
21 ACTING PRESIDENT YOUNG: Thank
22 you, Senator Little. You will be recorded in
23 the affirmative.
24 Senator Schneiderman.
25 SENATOR SCHNEIDERMAN: Thank you,
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1 Madam President. Briefly on the bill.
2 I would like to compliment the
3 sponsor. And I'd also like to note that the
4 most active person in this chamber since I've
5 been here on calling attention to the problems
6 of the SHU and visiting them frequently is
7 Senator Duane, who was for a long time our
8 ranking member on the Corrections and Crime
9 Victims Committee.
10 This is a victory for humane
11 practices. We still have our work cut out for
12 us regarding the treatment of mentally ill
13 prisoners. I hope this is something that we
14 can move forward on. I realize there is a
15 concern about the cost. I realize there is a
16 concern about how they deal with people who
17 have serious behavior problems, not
18 necessarily of their own volition.
19 But this is a victory for humane
20 and intelligent correctional policies. And I
21 know that in fact Senator Duane has been so
22 active on this issue that I gather there are
23 people who are incarcerated in these
24 facilities who actually know him by name when
25 he visits.
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1 So kudos to all who have brought
2 this about and brought this to our attention.
3 I hope that we will move ahead and actually
4 deal with this issue in a more fundamental way
5 between now and the end of the session.
6 Thank you, Madam President.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Schneiderman. You will be
9 recorded as a yes.
10 Announce the results.
11 THE SECRETARY: Ayes, 59. Nays,
12 0.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1354, by Senator Volker, Senate Print 4556, an
17 act to amend the Executive Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1379, by Senator Robach, Senate Print 5779, an
5 act to amend the Civil Service Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1392, by Senator Maltese, Senate Print 5382,
18 an act to amend the Administrative Code of the
19 City of New York.
20 ACTING PRESIDENT YOUNG: There is
21 a home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1412, by Senator Griffo, Senate Print --
8 SENATOR DUANE: Lay it aside,
9 please.
10 ACTING PRESIDENT YOUNG: The bill
11 is laid aside.
12 THE SECRETARY: Calendar Number
13 1435, by Senator Robach, Senate Print --
14 SENATOR SKELOS: Lay it aside for
15 the day, please.
16 ACTING PRESIDENT YOUNG: The bill
17 is laid aside for the day.
18 THE SECRETARY: Calendar Number
19 1450, by Senator O. Johnson, Senate Print 921,
20 an act to amend the Tax Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect September 1, 2008.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56. Nays,
4 3. Senators Duane, L. Krueger and Perkins
5 recorded in the negative.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1481, substituted --
10 SENATOR PADAVAN: Lay it aside.
11 ACTING PRESIDENT YOUNG: The bill
12 is laid aside.
13 THE SECRETARY: Calendar Number
14 1483, by Senator Saland, Senate Print 5958, an
15 act to amend the Highway Law.
16 ACTING PRESIDENT YOUNG: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT YOUNG: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT YOUNG: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1490, by Senator Fuschillo, Senate Print 5974,
3 an act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT YOUNG: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first of
8 November.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1519, by Senator Nozzolio, Senate Print 4806,
17 an act to amend the Penal Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 1519 are
3 Senators Duane, Montgomery, Perkins and
4 Schneiderman.
5 Ayes, 55. Nays, 4.
6 ACTING PRESIDENT YOUNG: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1520, substituted earlier today by Member of
10 the Assembly Magnarelli, Assembly Print Number
11 316B, an act to amend the Correction Law.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT YOUNG: Call the
17 roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT YOUNG: Senator
20 Stewart-Cousins.
21 SENATOR STEWART-COUSINS: Thank
22 you, Madam President.
23 I first wanted to just commend
24 Senator Larkin for bringing, once again,
25 attention to abusive head trauma, otherwise
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1 known as shaken baby syndrome.
2 Certainly the Senate has done
3 things to educate the population on this
4 tragedy. And nothing, I think, compels me to
5 speak more than the tragic death of Cynthia
6 Gibbs, who in Yonkers in November of 2000 was
7 shaken by her certified baby sitter and died
8 due to head trauma.
9 Three thousand children a year are
10 subjected to being shaken and actually lose
11 their lives. It causes untold damage, untold
12 pain to the families. And the years that
13 children survive with this abusive head trauma
14 cause them difficulties in school, et cetera.
15 So I again wanted to congratulate
16 Senator Larkin and let you know that Darryl
17 Gibbs, the father of Cynthia Gibbs, who is a
18 constituent of mine, has really led a
19 tremendous effort in educating people.
20 Because education works -- not just for
21 inmates, but for everyone. And he's also
22 moving it on a federal level so that people
23 will be told: Don't shake your babies, your
24 babies' brains are delicate.
25 So again I commend Senator Larkin,
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1 the Senate, and hopefully on a federal level
2 we will educate people not just in prison, not
3 just in hospital, but everywhere that babies
4 are delicate and should not be shaken. I'll
5 certainly be voting for it.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Stewart-Cousins. You will be
8 recorded as a yes.
9 Announce the results.
10 THE SECRETARY: Ayes, 59. Nays,
11 0.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1521, by the Senate Committee on Rules, Senate
16 Print Number 4862, an act to amend the Tax
17 Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1522, by Senator Seward, Senate Print 4909, an
5 act to amend the Criminal Procedure Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1523, by Senator Winner, Senate Print 4949, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1524, by Senator Alesi, Senate Print 5009, an
6 act to amend the Real Property Tax Law.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1525, by Senator Fuschillo, Senate Print 5049,
19 an act to amend the Criminal Procedure Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1526, by Senator Bonacic, Senate Print 5298,
7 an act authorizing the Sullivan County
8 legislature.
9 ACTING PRESIDENT YOUNG: There is
10 a home-rule message at the desk.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of January
14 next succeeding.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58. Nays,
19 1. Senator Duane recorded in the negative.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1527, by Senator Wright, Senate Print 5389, an
24 act to amend the Tax Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1528, by Senator Marcellino, Senate Print
12 5451, an act to amend the Tax Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1530, by Senator LaValle, Senate Print 5526,
25 an act to amend the Social Services Law and
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1 the Correction Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1531, by Senator Skelos, Senate Print 5552A,
14 an act to amend the Tax Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 10. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56. Nays,
23 3. Senators Duane, L. Krueger and Perkins
24 recorded in the negative.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1532, by Senator Flanagan, Senate Print 5627A,
4 an act granting retroactive Tier 1 membership.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1533, by Senator Maziarz, Senate Print --
17 SENATOR DUANE: Lay it aside,
18 please.
19 ACTING PRESIDENT YOUNG: The bill
20 is laid aside.
21 THE SECRETARY: Calendar Number
22 1535, by Senator Golden, Senate Print 5728, an
23 act to amend the Penal Law and the Vehicle and
24 Traffic Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT YOUNG: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT YOUNG: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1536, by Senator Golden, Senate Print 5766A,
12 an act to amend the Real Property Tax Law.
13 ACTING PRESIDENT YOUNG: Read the
14 last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1538, by Senator Rath, Senate Print 5860, an
25 act to amend the Domestic Relations Law and
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1 the Military Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 180th day.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1539, by Senator O. Johnson, Senate Print
14 5907, an act to amend the Tax Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1540, by Senator Libous, Senate Print 5909, an
2 act to amend the Tax Law.
3 ACTING PRESIDENT YOUNG: There is
4 a local fiscal impact note at the desk.
5 Read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT YOUNG: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT YOUNG: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1541, substituted earlier today by Member of
16 the Assembly DelMonte, Assembly Print Number
17 723A, an act to amend the General Business Law
18 and the Executive Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1542, by Senator Skelos, Senate Print 5970, an
6 act to amend Chapter 138 of the Laws of 1998.
7 ACTING PRESIDENT YOUNG: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT YOUNG: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1543, by Senator Little, Senate Print 5989, an
19 act to amend the Tax Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1545, by the Senate Committee on Rules, Senate
7 Print Number 6013, an act to amend the Tax
8 Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Thank you, Madam
21 President. If we could go to Senate
22 Supplemental Calendar Number 57A,
23 noncontroversial.
24 ACTING PRESIDENT YOUNG: We will
25 go to Senate Supplemental Calendar Number 57A.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1546, by Senator Nozzolio, Senate Print 335,
4 an act to amend the Correction Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 60th day.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1547, by Senator Larkin, Senate Print 536, an
17 act to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 12. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57. Nays,
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1 2. Senators Duane and Padavan recorded in the
2 negative.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1548, by Senator Marcellino, Senate Print 614,
7 an act to amend the Real Property Tax Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT YOUNG: Senator
16 Marcellino, to explain his vote.
17 SENATOR MARCELLINO: Thank you,
18 Madam President. I rise to explain my vote on
19 this bill.
20 Many school districts and
21 municipalities operate on a very tight margin
22 with the taxes that they collect, especially
23 on the business community. And sometimes
24 businesses are enticed in and given tax breaks
25 to do that, to come into the communities.
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1 Some of these businesses decide to
2 change their assessments and do an appeal
3 process. And if they are successful, it takes
4 money away from the municipalities in which
5 they exist. In other words, it breaks the
6 deal that was made before.
7 The businesses are within their
8 rights; we're not suggesting they're not. All
9 we're suggesting by this bill is that they
10 give prior notice, is that they let the
11 municipalities and the school districts know
12 their intention so that the municipalities and
13 the districts can plan appropriately when they
14 go through their budget process.
15 I think this is simply a fairness
16 situation. And I am very pleased that this
17 bill will pass and hopefully it will pass the
18 other house, because I believe it's a
19 no-brainer.
20 Thank you, Madam President.
21 ACTING PRESIDENT YOUNG: Thank
22 you, Senator Marcellino. You will be recorded
23 in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 59. Nays,
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1 0.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1549, by Senator LaValle, Senate Print 942A,
6 an act to amend the Tax Law.
7 ACTING PRESIDENT YOUNG: There is
8 a local fiscal impact note at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect September 1.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT YOUNG: Senator
16 Krueger.
17 SENATOR LIZ KRUEGER: Thank you,
18 Madam President. To explain my vote.
19 While I understand the idea behind
20 this bill, I find myself voting no because it
21 simply defines that any business associated
22 with an incubator project could have a
23 sales-tax exemption on any equipment above
24 $500.
25 Now, the text of the memo describes
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1 trying to help small- and medium-sized
2 businesses. But in fact there's nothing that
3 says the largest corporation in the state of
4 New York couldn't associate itself with an
5 incubator in order to be exempt from sales tax
6 on their purchases.
7 And so I think that this bill would
8 open us up to potentially shifting the way
9 corporations structure themselves and their
10 locations in order to avoid taxes to the State
11 of New York. And so I'll be voting no.
12 Thank you, Madam President.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Krueger. You will be recorded in
15 the negative.
16 Announce the results.
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 1549 are
19 Senators Duane, Hassell-Thompson, L. Krueger
20 and Perkins.
21 Ayes, 55. Nays, 4.
22 ACTING PRESIDENT YOUNG: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1550, by Senator C. Kruger, Senate Print 1222,
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1 an act to amend the Executive Law.
2 ACTING PRESIDENT YOUNG: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT YOUNG: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1551, by Senator Larkin, Senate Print 1480, an
14 act to amend the Agriculture and Markets Law.
15 ACTING PRESIDENT YOUNG: Read the
16 last section.
17 THE SECRETARY: Section 10. This
18 act shall take effect on the 180th day.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1552, by Senator Robach, Senate Print 1705 --
2 SENATOR LIBOUS: Lay it aside for
3 the day, please.
4 ACTING PRESIDENT YOUNG: The bill
5 is laid aside for the day.
6 THE SECRETARY: In relation to
7 Calendar Number 1553, Senator DeFrancisco
8 moves to discharge, from the Committee on
9 Rules, Assembly Bill Number 1921 and
10 substitute it for the identical Senate Bill
11 Number 1827, Third Reading Calendar 1553.
12 ACTING PRESIDENT YOUNG: Read the
13 last section.
14 THE SECRETARY: Calendar Number
15 1553, by Member of the Assembly Weprin,
16 Assembly Print Number 1921, an act to amend
17 the Economic Development Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first day of
22 January next succeeding.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT YOUNG: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1554, by Senator Maziarz, Senate Print 1885A,
6 an act in relation to the initial date of
7 enrollment.
8 ACTING PRESIDENT YOUNG: A
9 home-rule message is at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT YOUNG: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1556, by Senator Alesi, Senate Print 2597, an
21 act to amend the Volunteer Firefighters
22 Benefit Law and the Volunteer Ambulance
23 Workers Benefit Law.
24 ACTING PRESIDENT YOUNG: Read the
25 last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT YOUNG: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT YOUNG: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1557, by Senator Rath, Senate Print 2989, an
11 act to amend the Tax Law.
12 ACTING PRESIDENT YOUNG: There is
13 a local fiscal impact note at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT YOUNG: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT YOUNG: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1558, by Senator Winner, Senate Print 3666, an
25 act to amend the Public Lands Law.
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1 ACTING PRESIDENT YOUNG: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT YOUNG: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT YOUNG: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1559, by Senator Volker, Senate Print 4253, an
13 act to amend the General Municipal Law.
14 ACTING PRESIDENT YOUNG: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT YOUNG: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58. Nays,
22 1. Senator Duane recorded in the negative.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1560, by Senator Golden, Senate Print 4270, an
2 act to amend the Penal Law.
3 ACTING PRESIDENT YOUNG: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day.
7 ACTING PRESIDENT YOUNG: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1560 are
12 Senators Duane, Montgomery and Perkins. Also
13 Senator Hassell-Thompson.
14 Ayes, 55. Nays, 4.
15 ACTING PRESIDENT YOUNG: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1561, by Senator Flanagan, Senate Print 4397,
19 an act to amend the Executive Law.
20 ACTING PRESIDENT YOUNG: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT YOUNG: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1562, by Senator Wright, Senate Print 4511, an
7 act to amend the General Municipal Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: In relation to
19 Calendar Number 1563, Senator Golden moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 7949A and substitute it
22 for the identical Senate Bill Number 4557,
23 Third Reading Calendar 1563.
24 ACTING PRESIDENT YOUNG:
25 Substitution ordered.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1563, by Member of the Assembly Wright,
4 Assembly Print Number 7949A, an act to amend
5 the Social Services Law.
6 ACTING PRESIDENT YOUNG: Read the
7 last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect December 31, 2007.
10 ACTING PRESIDENT YOUNG: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT YOUNG: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1565, by Senator Nozzolio, Senate Print 4811,
18 an act to amend the General Municipal Law.
19 ACTING PRESIDENT YOUNG: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT YOUNG: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 58. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT YOUNG: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1566, by Senator Winner, Senate Print 4950, an
7 act to amend the Tax Law.
8 ACTING PRESIDENT YOUNG: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1567, by Senator Wright, Senate Print 5144, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1568, by Senator Bonacic, Senate Print 5299,
8 an act to amend the Penal Law.
9 ACTING PRESIDENT YOUNG: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT YOUNG: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT YOUNG: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1569, by Senator Golden --
22 SENATOR DUANE: Lay it aside,
23 please.
24 ACTING PRESIDENT YOUNG: The bill
25 is laid aside.
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1 THE SECRETARY: Calendar Number
2 1570, by the Senate Committee on Rules, Senate
3 Print Number 5736A, an act to amend the Tax
4 Law.
5 ACTING PRESIDENT YOUNG: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT YOUNG: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1571, by Senator Wright, Senate Print 5826A,
17 an act to amend the Economic Development Law.
18 ACTING PRESIDENT YOUNG: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect immediately.
22 ACTING PRESIDENT YOUNG: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT YOUNG: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1572, by the Senate Committee on Rules, Senate
5 Print Number 5851, an act to amend the Tax
6 Law.
7 ACTING PRESIDENT YOUNG: There is
8 a local fiscal impact note at the desk.
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT YOUNG: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT YOUNG: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1573, by Senator Wright, Senate Print 5918, an
20 act to amend the Judiciary Law.
21 ACTING PRESIDENT YOUNG: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT YOUNG: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 That completes the noncontroversial
7 reading of Supplemental Calendar 57A.
8 Senator Libous.
9 SENATOR LIBOUS: Madam President,
10 could we please go to the controversial
11 reading of the calendar.
12 ACTING PRESIDENT YOUNG: Yes,
13 Senator Libous, we'll go to the controversial
14 reading of the calendar.
15 The Secretary will ring the bell.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 473, by Senator Farley, Senate Print 1297, an
19 act to amend the Public Authorities Law.
20 SENATOR SABINI: Explanation,
21 please.
22 ACTING PRESIDENT YOUNG: Senator
23 Farley, an explanation has been requested.
24 SENATOR FARLEY: Thank you, Madam
25 President.
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1 This bill would authorize the four
2 upstate regional transportation authorities to
3 utilize a line of credit, as does every other
4 business in this state. Currently such
5 authority is explicitly available only to the
6 MTA.
7 You know, this bill passed the
8 Senate unanimously in 2003, 2004, and 2005.
9 In 2006 there were several people that voted
10 against it, with opposition basically from
11 some of the New York City members.
12 It appears voluminous because
13 individually it amends four different sections
14 of the Public Authorities Law, for the Niagara
15 Frontier Authority, the Rochester-Genesee
16 Authority, the Capital District Transportation
17 Authority, and the Central New York Regional
18 Transportation Authority.
19 This new language here conforms
20 these four sections to the language exactly
21 that's in the MTA language. It would enable
22 these upstate transportation authorities to
23 operate more efficiently, and potentially at a
24 lower cost, and create parity with the MTA.
25 Lines of credit actually are
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1 short-term revolving obligations which are
2 primarily used for cash flow. They can be
3 particularly significant in the transit
4 industry, which must deal with daily and
5 seasonal variations in ridership as well as
6 cyclical payments of government subsidies.
7 Although these authorities are able
8 to issue short-term obligations such as
9 revenue anticipation notes, they are
10 relatively complex and inflexible. They go
11 out for months, and you might only need the
12 money for three or four days or a week. They
13 can also be more costly, because they are
14 issued and the interest must be paid for
15 period of months, as I said.
16 The lines of credit are tapped for
17 maybe a week, days or even hours, for that
18 matter. And the interest is paid only on the
19 actual amount of time that they need the
20 money.
21 It's sponsored, multisponsored in
22 the Assembly by a score of Assemblymen. And
23 quite frankly, in my judgment, it's a
24 no-brainer, because I don't see any reason why
25 the upstate authorities should not be able to
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1 utilize a line of credit.
2 ACTING PRESIDENT YOUNG: Thank
3 you for that explanation, Senator Farley.
4 Senator Sabini.
5 SENATOR SABINI: On the bill,
6 Madam President.
7 ACTING PRESIDENT YOUNG: Senator
8 Sabini, on the bill.
9 SENATOR SABINI: Senator Farley
10 is correct when he asserts that this is the
11 same that the MTA has. And it probably
12 shouldn't. Probably shouldn't.
13 The MTA got that authority in the
14 year 2000 when the Legislature put the
15 Transportation Bond Act on the ballot. That
16 bond act failed. But as part of the structure
17 of the bond act, the legislative piece of that
18 bond act allowed the MTA to have that
19 authority, and it probably shouldn't have it.
20 In fact, it may be my intention to address a
21 new piece of legislation next year to take
22 away that authority.
23 Because if we really wanted these
24 authorities to have the ability to take other
25 obligations, we'd define what they are. We
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1 really don't in this legislation.
2 LIPA had that authority and abused
3 it, and the ratepayers paid. We saw what
4 happened in Orange County in the '90s when
5 they had that authority, and their county went
6 belly up. We've seen what happened in
7 authority after authority that have limited
8 oversight over them in how they borrow.
9 So I don't want to discriminate
10 against upstate. I think that we should take
11 that authority away from the MTA too, and it's
12 my intention to draft such legislation.
13 We have just been presented with a
14 with drafts of a bill on congestion pricing
15 that creates another authority, seemingly what
16 we said we didn't want to do, and gives that
17 authority great power over billions of
18 dollars. We've run into a lot of danger
19 creating these authorities. We've run into
20 danger giving authorities very loose power.
21 And while as the ranker on
22 Transportation I want to see a healthy
23 Rochester-Genesee Transit Authority, Niagara
24 Frontier Transit Authority and Capital
25 District Authority and the Central New York
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1 Authority, I also want to make sure that
2 they're acting in the best interests of the
3 taxpayers of the State of New York.
4 And that is why I've opposed this
5 bill since I've been the ranker on
6 Transportation and will continue to oppose it,
7 because I think it's really in the spirit of
8 what our Governor is trying to do with
9 authority reform and rein in some of the power
10 they have to go into markets without any
11 scrutiny, without any supervision, and in
12 effect play roulette with the taxpayers'
13 money.
14 I'm going to be voting no, Madam
15 President.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Sabini.
18 Senator Farley.
19 SENATOR FARLEY: Thank you,
20 Senator Sabini, for your comment. Much of
21 what you say is so accurate.
22 But let me just say that some of
23 the concern that you express are involved with
24 investments. The Orange County situation in
25 California, for those of you that might
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1 remember, they were investing in terrible
2 things. This is only going out and borrowing
3 for a few days or allowing them to have a line
4 of credit for cash-flow situations.
5 Your concern is well taken that
6 authorities must be monitored. And you know,
7 let me -- I don't see him here in the room,
8 but Senator Leibell last year passed some
9 authority reform that was the first thing
10 that's been done in here maybe in 50 years.
11 And I thought it was very, very significant,
12 because needless to say it's been very hard to
13 oversight authorities.
14 But by and large, this bill does
15 not do anything except to get these upstate
16 transition authorities to be able to operate a
17 little bit more efficiently and not to have to
18 issue bonds or long-term notes when they need
19 money for a few days. Basically that's all
20 it's trying to do.
21 Thank you, Madam President.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Farley.
24 Any other Senator wishing to be
25 heard?
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1 Debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT YOUNG: Announce
10 the results.
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 473 are
13 Senators Duane, Hassell-Thompson, Huntley,
14 L. Krueger, Montgomery, Perkins, Sabini,
15 Schneiderman, Serrano, Stavisky and
16 Stewart-Cousins. Also Senator Onorato.
17 Those Senators absent from voting:
18 Senator C. Kruger.
19 Ayes, 46. Nays, 12.
20 ACTING PRESIDENT YOUNG: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 839, by Senator Griffo, Senate Print 4736,
24 Concurrent Resolution of the Senate and
25 Assembly proposing an amendment to Section 1
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1 of Article 4 of the Constitution.
2 ACTING PRESIDENT YOUNG: Any
3 Senator wishing to be heard on the resolution?
4 SENATOR CRAIG JOHNSON:
5 Explanation, please, Madam President.
6 ACTING PRESIDENT YOUNG: Senator
7 Griffo, an explanation has been requested.
8 SENATOR GRIFFO: Thank you, Madam
9 President.
10 Since the beginning of session this
11 year, and particularly over the last couple of
12 days, we have discussed many reforms to our
13 government, many different concepts that have
14 been advanced. And in conversation with many
15 citizens as well as many interested groups
16 across this state, I believe that it is
17 imperative that we as members of this body
18 continue to do our best to represent the will
19 of the people and to reflect the mood of the
20 people.
21 This bill would offer the people of
22 this great state a guaranteed mechanism to
23 keep leadership fresh and the exchange of
24 ideas innovative. It is an opportunity for us
25 to truly show that we are serious about
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1 significant reform in this state.
2 There are some 36 other states
3 across this country who now have a similar
4 provision in place. This particular bill
5 basically reflects the 22nd Amendment. It is
6 a model that has worked nationally.
7 And this will be an opportunity
8 also, through the constitutional amendment
9 process, to allow the people of this state to
10 have the final say. Even though this
11 Legislature, through its action, would have
12 the opportunity to lead, we also recognize
13 that in the end the people of this state will
14 be given the opportunity to make the final
15 decision.
16 This has a wide range of support
17 from a number of print media, various good
18 government groups. And in fact the Governor
19 himself has advocated for this concept last
20 fall during the campaign.
21 SENATOR CRAIG JOHNSON:
22 Explanation satisfactory, Madam President.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Griffo.
25 Any Senator wishing to be heard?
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1 The debate is closed. The
2 Secretary will ring the bell.
3 On the resolution, the Secretary
4 will call the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT YOUNG: Senator
7 L. Krueger, to explain her vote.
8 SENATOR LIZ KRUEGER: Thank you,
9 Madam President.
10 It seems to me this one is simple.
11 Democracy means people get to go to the voting
12 booth and vote people into office or out of
13 office. I don't support term limits for
14 elections.
15 I respect the concerns of the
16 sponsor of making sure there are even playing
17 fields and new opportunities. I hope that
18 this house might pass a public financing
19 campaign finance law very, very soon, even
20 before we leave this year. I think it
21 addresses many of the concerns that the
22 sponsor has and that I share.
23 But the right way to deal with the
24 democratic process and equity is through
25 campaign finance and public financing. Allow
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1 voters to decide who they vote for or against
2 in the voting booth. I vote no.
3 Thank you, Madam President.
4 ACTING PRESIDENT YOUNG: Thank
5 you, Senator Krueger. You will be recorded in
6 the negative.
7 Announce the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 839 are
10 Senators Adams, Breslin, Connor, Diaz, Dilan,
11 Duane, Hassell-Thompson, Huntley, C. Johnson,
12 L. Krueger, Montgomery, Onorato, Oppenheimer,
13 Perkins, Sabini, Sampson, Schneiderman,
14 Serrano, Smith, Stachowski, Stewart-Cousins
15 and Thompson.
16 Absent from voting: Senator C.
17 Kruger.
18 Ayes, 36. Nays, 22.
19 ACTING PRESIDENT YOUNG: The
20 resolution is passed.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1412, by Senator Griffo, Senate Print 4737, an
24 act to amend the Legislative Law.
25 ACTING PRESIDENT YOUNG: Read the
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1 last section.
2 SENATOR DUANE: Explanation,
3 please.
4 ACTING PRESIDENT YOUNG: Senator
5 Griffo, an explanation has been requested.
6 SENATOR GRIFFO: Thank you, Madam
7 President.
8 The old Chinese proverb is: The
9 journey of a thousand miles begins with the
10 first step. We just took the first step, so
11 hopefully we can continue down that road.
12 And I think that this now offers us
13 another unique opportunity, because we have
14 over 11 million registered voters in the state
15 of New York. And the House of Representatives
16 has already taken some initiative in this
17 effort by limiting terms of chairs of
18 committees.
19 Again, this gives, I think, an
20 opportunity to strike a reasonable compromise
21 between the desire voters may have to return
22 incumbents to office who sit in the two houses
23 and the need for occasional fresh insight,
24 direction and energy in the leadership of our
25 respective organizations.
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1 So I hope today that what we can
2 see here is an opportunity to have us make
3 significant change, but to do it in a
4 wholesale way too, so that this bill would
5 work in tandem with what we were just were
6 able to pass here. So that there's linkage
7 here so that the constitutional amendment
8 proceeds.
9 And while we have had some
10 discussion with members in the Assembly and
11 there have been a number of members of the
12 Assembly who have introduced various types of
13 bills that may be similar but not specific to
14 this particular proposal that is before us
15 today, I as a newcomer tend to believe that we
16 can do things and despite some reluctance,
17 maybe, in the Assembly and the failure to act,
18 the approach that was taken in this bill was
19 not to be heavy-handed, but to try to
20 encourage them.
21 Because it is not to disparage any
22 existing leadership, it's only to encourage
23 that more people continue to be involved, that
24 we continue to have new opportunities and
25 availabilities in leadership so that we can
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1 continue to reinvigorate the bodies.
2 So I think these are positive steps
3 that will lead to more participation, and I am
4 hopeful that my colleagues will see the same.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Griffo, for that explanation.
7 Senator Krueger.
8 SENATOR LIZ KRUEGER: Thank you,
9 Madam President. I believe there's an
10 amendment at the desk. I ask that the
11 amendment's reading be waived, and I'd like to
12 be heard on my amendment.
13 ACTING PRESIDENT YOUNG: The
14 reading is waived, and you may be heard on the
15 amendment.
16 SENATOR LIZ KRUEGER: Thank you,
17 Madam President.
18 Thank you, Senator Griffo. I agree
19 with your bill. My amendment simply takes out
20 Section 2 of your bill, which requires that in
21 order for your bill to go into effect, we'd
22 have to first enact the previous bill, S4736,
23 which is a constitutional amendment and
24 therefore we couldn't possibly act on your
25 primary focus of the bill until 2010 at the
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1 earliest.
2 In my amendment, simply removing
3 that requirement and instead replacing it with
4 this act shall go forth immediately, we could
5 do this immediately. Because I share exactly
6 your position.
7 And in fact, we don't even have to
8 wait for the Assembly. We could do this
9 through the rules of the Senate. And they
10 could go into effect immediately.
11 And in fact my leader, Senator
12 Smith, introduced a resolution to the Rules
13 Committee on April 23rd, currently waiting for
14 someone to get back to us, that would in fact
15 implement your bill as a rule of the New York
16 State Senate immediately.
17 So I think we are in agreement on
18 this. And if you accepted my amendment to
19 your bill, we could accomplish this tomorrow.
20 So I want to thank you for your bill. But I
21 hope, with all due respect, you'll consider my
22 amendment to have this move now and not wait
23 till we change constitutional amendments or we
24 move constitutional amendments that force us
25 to deal with the question of term limits on
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1 elected officials.
2 This is term limits, as you so
3 accurately point out, on leadership here in
4 the Legislature. Let's get this done now.
5 Thank you, Madam President.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Krueger.
8 On the amendment, those Senators in
9 agreement please signify by raising your
10 hands.
11 THE SECRETARY: Those recorded in
12 agreement are Senators Adams, Breslin, Connor,
13 Diaz, Dilan, Duane, Hassell-Thompson, Huntley,
14 C. Johnson, Klein, L. Krueger, Montgomery,
15 Onorato, Oppenheimer, Perkins, Sabini,
16 Sampson, Schneiderman, Serrano, Smith,
17 Stachowski, Stavisky, Stewart-Cousins,
18 Thompson and Valesky.
19 ACTING PRESIDENT YOUNG: The
20 amendment is not agreed to.
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect only in the event that
24 the amendments to the Constitution proposed in
25 Concurrent Resolution of the Senate and
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1 Assembly proposing an amendment to Section 1
2 of Article 4 of the Constitution shall apply.
3 ACTING PRESIDENT YOUNG: Call the
4 roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT YOUNG: Senator
7 Sabini, why do you rise?
8 SENATOR SABINI: On the bill, I'm
9 going to be voting --
10 ACTING PRESIDENT YOUNG: To
11 explain your vote?
12 SENATOR SABINI: To explain my
13 vote, yes, I'm sorry. To explain my vote.
14 I'm going to be voting yes. It
15 just struck me with some irony that a couple
16 of weeks ago we experienced a lot of finger
17 pointing at us about how we said one thing and
18 did another. And we voted on a bill, the last
19 bill, which should it have been brought up in
20 2002, I suspect the vote might have been
21 different for term limits for the Governor.
22 We may have avoided four years of not much
23 happening.
24 And now we just defeated an
25 amendment that would have implemented the bill
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1 that we're voting for immediately. So I guess
2 maybe some of the introspection and some of
3 the name calling should be turned on its side
4 and other people should look to see where
5 hypocrisy really lies. Perhaps there is a
6 generous dose to go all around the room.
7 ACTING PRESIDENT YOUNG: Senator
8 Sabini, how do you vote?
9 SENATOR SABINI: I vote aye.
10 ACTING PRESIDENT YOUNG: You will
11 be recorded in the affirmative.
12 SENATOR OPPENHEIMER: Madam
13 President.
14 ACTING PRESIDENT YOUNG: Senator
15 Oppenheimer, to explain your vote.
16 SENATOR OPPENHEIMER: Thank you,
17 Madam President.
18 I just wanted to make a brief
19 comment that it's ironic that we're doing this
20 today, because just yesterday we were
21 extolling the amazing virtues of Senator
22 Warren Anderson.
23 Senator Warren Anderson served for
24 15 years here as leader, and an amazing leader
25 he was. And if we had this bill, he would not
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1 have been our leader for 15 years.
2 ACTING PRESIDENT YOUNG: Senator
3 Oppenheimer, how do you vote?
4 SENATOR OPPENHEIMER: Yes.
5 ACTING PRESIDENT YOUNG: You will
6 be recorded in the affirmative. Thank you.
7 Senator Griffo, to explain your
8 vote.
9 SENATOR GRIFFO: Thank you, Madam
10 President.
11 Again, I think the important aspect
12 here when we talk about when and how is that
13 there's linkage here to both bills that we
14 passed. We're going to be proposing
15 constitutional amendments giving the public an
16 opportunity to express their opinion. If we
17 want to make wholesale changes, we should do
18 that with a strategy so we can continue to
19 educate, inform and show people the progress
20 along the way.
21 This particular bill, I recognize
22 that we need to win support. What good is
23 mouthing change if we can't make change? This
24 gives us an opportunity to try to win that
25 support, and hopefully you will work with me
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1 to convince the Assembly why this is
2 necessary. Because one house alone doesn't
3 make the wholesale change or the necessary
4 change that needs to be implemented in the
5 State Capitol.
6 This bill is all-encompassing and
7 will be more permanent. And that's why the
8 approach was taken, and that's why it will
9 take more time in order to ensure that we
10 build that support to make the essential
11 change that is necessary to make a difference.
12 Thank you, Madam President. I vote
13 aye.
14 ACTING PRESIDENT YOUNG: Thank
15 you, Senator Griffo. You will be recorded as
16 a yes.
17 Senator Valesky, to explain his
18 vote.
19 SENATOR VALESKY: Thank you,
20 Madam President.
21 I rise to support this measure and
22 thank Senator Griffo for bringing this bill to
23 the floor today.
24 Senator Krueger is certainly right,
25 we could do this by changing the rules of the
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1 Senate. But the fact is, to my knowledge,
2 this is the first time we've had this debate
3 on this floor. And I want to acknowledge
4 Senator Griffo's efforts and encourage him to
5 continue forward in this effort.
6 And, Senator, I will continue to
7 work with you as we convince our colleagues,
8 our reform-minded colleagues in the other
9 house to take the right action as well.
10 Thank you very much. I vote in the
11 affirmative.
12 ACTING PRESIDENT YOUNG: Thank
13 you Senator Valesky. You will be recorded in
14 the affirmative.
15 Senator Diaz, to explain his vote.
16 SENATOR DIAZ: Thank you. I have
17 to say that I'm always saying what other
18 people are not saying. And I'm always getting
19 in trouble because I speak what other people
20 don't speak or don't say.
21 And, ladies and gentlemen, I have
22 seen this thing going every time that we
23 minorities have the opportunity to be
24 somewhere, somebody comes and change the game,
25 the rules. And, you know, I'm a black guy
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1 from the Bronx, Puerto Rican. And my dream is
2 to be a chairman of a committee, like you guys
3 over there have been for years and years and
4 years and years. You've been there for
5 50 years, and I just come here now, and I want
6 to be a chairman. I want to have the same
7 benefits, the same power that you still have.
8 Now we're almost two seats
9 together, and I'm trying to get my power and
10 you're going to take it away. And you want to
11 take it away from me? That's not fair, man.
12 Come on. I'm voting no.
13 (Laughter.)
14 ACTING PRESIDENT YOUNG: Senator
15 Diaz, you will be recorded in the negative.
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 1412, those recorded in the
19 negative are Senators Diaz and Dilan.
20 Absent from voting: Senator C.
21 Kruger.
22 Ayes, 56. Nays, 2.
23 ACTING PRESIDENT YOUNG: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1481, substituted earlier by Member of the
2 Assembly Gottfried, Assembly Print Number
3 8455, an act to amend the Alcoholic Beverage
4 Control Law.
5 SENATOR PADAVAN: Explanation,
6 please.
7 ACTING PRESIDENT YOUNG: Senator
8 Krueger, an explanation has been requested.
9 SENATOR LIZ KRUEGER: Thank you.
10 This bill would allow a lounge
11 within a hotel in Times Square to continue to
12 operate. It had been approved by the State
13 Liquor Authority back in 1999. And the
14 argument was made recently that because it is
15 defined as the front door of the hotel, it is
16 defined as too close to a school, that it
17 doesn't meet the 200-foot rule.
18 The argument that has been made to
19 allow it to continue to stay open is that it's
20 actually 206 feet, if you measure from the
21 opening of the school to the opening of the
22 lounge within the hotel. And I'd be happy to
23 provide the Senator the map.
24 Again, this area is Times Square.
25 It's 46th Street in my district. There are,
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1 to be honest, endless bars and restaurants and
2 hotels with internal bars in that geographic
3 area of the city.
4 And what I'm attempting to do is to
5 hopefully allow this hotel that has been a
6 good neighbor with a functioning bar and
7 restaurant since 1999 to be able to continue
8 to operate.
9 We spoke to the school, who had no
10 concern about this. But because it's a public
11 school, they did not feel they had the ability
12 to write a letter saying this has been no
13 problem and is no different than so many other
14 restaurants and bars actually up and down the
15 entire block and avenues.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Krueger, for that explanation.
18 SENATOR PADAVAN: Madam
19 President, will the sponsor yield to a
20 question, please.
21 ACTING PRESIDENT YOUNG: Senator
22 Padavan wants to know if Senator Krueger will
23 yield. Will you yield?
24 SENATOR LIZ KRUEGER: Yes, of
25 course I will.
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1 SENATOR PADAVAN: I read your
2 memo and I also heard your explanation.
3 Are you aware that last fall, for
4 about six months, the SLA -- which is under
5 new leadership in many, many different ways
6 and reinvigorated in its effort to deal with
7 myriad problems, that laws that they are
8 responsible for are being -- how they're being
9 enforced and so on -- that that task force,
10 which had a number of members, including
11 Senator Duane and myself, Assemblymen,
12 councilmen, community planning board
13 representatives, police department, a whole
14 host of people, including the industry, spent
15 a considerable amount of time discussing the
16 200-feet rule? Are you aware of that?
17 SENATOR LIZ KRUEGER: Yes,
18 Senator, I am.
19 SENATOR PADAVAN: Okay. Now, I
20 want to read to you a paragraph from the
21 report that came out of that task force which
22 was signed off by everybody. It says: The
23 statutes provide that the measurements be
24 taken in a straight line from the center of
25 the nearest entrance of the school or church
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1 or house of worship to the center of the
2 nearest entrance of the proposed
3 establishment, the bar. The authority has
4 interpreted these sections as meaning a
5 straight line from one entrance to the other.
6 The court decisions on the 200-foot rule have
7 not questioned this interpretation. The
8 travel walking distance between the church or
9 house of worship or the school and the
10 premises is not relevant to the determination.
11 Now, that statement is in direct
12 contradiction to what you said and what is in
13 your memo. Do you think it's appropriate --
14 this is a question, if you would yield -- to
15 have a bar next to a house of worship or a
16 school, next door?
17 ACTING PRESIDENT YOUNG: Senator
18 Krueger, do you yield?
19 SENATOR LIZ KRUEGER: Thank you.
20 I think I'm answering. Yes, I yielded. I
21 respect the question, and I will answer it.
22 Not only am I aware of the work the
23 SLA has been doing, the moratorium, I've
24 participated in any number of the meetings.
25 And I have to tell you I am in total agreement
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1 with you on almost every issue that comes up
2 around SLA, their failure to be strict enough
3 about the rules. I work with my community
4 boards on a regular basis with their
5 frustrations with the SLA approving too many
6 bars, not recognizing and respecting when a
7 community says this one is a bad neighbor,
8 this would be too many, this would have a
9 negative impact.
10 And so to be honest, Senator, you
11 could probably get me to agree not only with
12 your points but even with your vote on this
13 bill.
14 This is a situation where they have
15 been in operation. There was a new
16 interpretation by the SLA. And I'll even
17 accept that the SLA shouldn't have given them
18 the license, perhaps. But the SLA did give
19 them the license. They have been operating.
20 They have a long history. They are a good
21 neighbor.
22 I checked with my community board.
23 This isn't a player that is a problem in the
24 community. There is a recognition that Times
25 Square is, by definition, a center of theater,
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1 hotels, restaurants, lounges within hotels
2 that are primarily used by guests of the
3 hotel, that this is not a residential
4 neighborhood in the definition we talk about,
5 I think and you and I both agree, in most
6 parts of the City of New York.
7 And to be honest, it was simply the
8 hope that, again, this specific hotel, who's
9 been in operation, who has the support of the
10 community, the support of the community board,
11 has not been seen as having any problems, does
12 not have police reports against them, is not
13 the type of bar I know that you and I both
14 know are problems in various communities
15 throughout the city -- that they don't meet
16 any of those problem categories.
17 And so I won't argue with your
18 literal definition. I will simply again make
19 the argument they've been a business without
20 problems, supported in the community, that
21 have not proved to be a problem. And so I'm
22 hoping that we might let them continue.
23 But I want to make it clear that I
24 in no way disagree with your analysis of the
25 importance of moving forward with much more
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1 careful determinations by the SLA and respect
2 for community input into when they make
3 decisions about when they allow bars, when
4 they make exceptions. As you and I know, the
5 500-foot rule has really been a crisis problem
6 in certain neighborhoods throughout the five
7 boroughs.
8 I hope that's an explanation.
9 SENATOR PADAVAN: Senator, would
10 you yield again?
11 ACTING PRESIDENT YOUNG: Senator
12 Krueger, would you continue to yield?
13 SENATOR LIZ KRUEGER: Certainly.
14 SENATOR PADAVAN: Are you aware
15 that by virtue of court decisions and prior
16 determinations there are no exceptions allowed
17 to the 200-foot rule except those that are
18 delineated in law, such as if the
19 establishment was there before the church or
20 school or house of worship was established or
21 the application was for a prior license which
22 they upgraded. That's not the case here.
23 There are no exceptions, and that's why you're
24 putting in the bill.
25 Now, here's my question, Senator,
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1 if you would yield again.
2 SENATOR LIZ KRUEGER: Yes, I
3 will, Madam President.
4 SENATOR PADAVAN: If we make an
5 exception for this particular location and
6 precedent is set, does this not open up a
7 Pandora's box for the entire state for all
8 kinds of bars and taverns within 200 feet,
9 entrance to entrance, of a school, church or
10 house of worship to get a license?
11 SENATOR LIZ KRUEGER: I think
12 it's an excellent question.
13 We have opened up that Pandora's
14 box. In the past in this house, we passed a
15 bill that allowed for another hotel, also in
16 my district, to obtain a liquor license even
17 though they were technically too close to a
18 church. That was the Mayfair Hotel.
19 I have a number of court
20 determinations that apparently have allowed
21 for exceptions to the 200-foot rule. So I
22 don't disagree with you that there's the
23 question of the --
24 SENATOR PADAVAN: Senator, I
25 would love to see those court interpretations,
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1 because the memo from the SLA says there have
2 not been any. But we won't debate it.
3 On the bill, if I may.
4 SENATOR LIZ KRUEGER: Thank you,
5 Madam President.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Krueger.
8 Senator Padavan, on the bill.
9 SENATOR PADAVAN: The problems
10 with this issue may seem minor, but they are
11 very significant. We have legislation to
12 extend the 200-foot rule. Imagine a church or
13 synagogue or school that has an entrance at
14 Point A, a schoolyard that may go back a
15 hundred, 200 feet in different directions, and
16 then a bar that opens up right at the edge of
17 that schoolyard.
18 We don't want that to happen. And
19 so we have introduced legislation which is
20 supported by many to extend that 200 feet to
21 500 feet under certain circumstances.
22 So what we're doing here, however,
23 is we're going in a different direction. The
24 report from the SLA and the legal analysis
25 tells us unequivocally that it's a straight
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1 line. It's a straight line. Whether it's a
2 residential community or not, there is a
3 public school right next door to the bar. And
4 it's been the judgment of the Legislature
5 forever that that is unwise and inappropriate.
6 And I think to do this today, I
7 know of no other bills that we've passed -- if
8 we did, I certainly wasn't aware of them; I'd
9 have been on my feet talking about them -- to
10 establish this precedent today with this
11 particular establishment -- and the memo is
12 incorrect. Straight line has been the rule.
13 Now, how they got that license in
14 '99, I have no idea. We know, you know, from
15 anecdotal information that the SLA wasn't the
16 swiftest thing on the block for a lot of
17 years. And how they got that license and
18 through what means, I mean, there's a whole
19 industry of lawyers out there doing that kind
20 of thing. So I'm not going to be able to
21 answer that question, and probably neither are
22 you.
23 But the fact that that mistake was
24 made should not be compounded by this bill.
25 Perhaps they changed hands and ownership; that
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1 may have happened.
2 So I'm suggesting to you, my
3 colleagues, that we just don't do this. I'm
4 sure this hotel will continue to survive
5 without this particular license and continue
6 to serve its occupants without the benefit of
7 this particular bar, whether it be next door
8 or wherever.
9 So I'm going to be voting in
10 opposition of this bill, Madam President.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Padavan.
13 Senator Marcellino.
14 SENATOR MARCELLINO: Thank you,
15 Madam President.
16 I can understand why the sponsor is
17 bringing the measure. However, there's an
18 occurrence that occurred within a community
19 that I'm aware of, within my district, where
20 the ownership of a bar, if you will, was
21 granted a liquor license and operated quite
22 well. The community was pleased. The
23 ownership ran the establishment well.
24 But in the normal course of things,
25 the ownership changed. New owners took over.
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1 And it was a mess. Lots of problems.
2 Underage drinking, drugs, police calls. The
3 community was up in arms. It had to go
4 through an entire -- the bar is still there,
5 causing problems. The community is trying to
6 take issue, and they're having difficult times
7 in the courts. The bar, by the way, has
8 changed ownership three times since then.
9 There's been a continuous pattern.
10 So while we may do something with
11 the best of intentions, as often happens in
12 this house and in this Legislature, we get the
13 law of unintended consequences that comes
14 along. What happens if this is passed, this
15 bar operates, and they sell or they move or
16 they lease to a new owner and there is a
17 problem? Then the calls come in: Why didn't
18 you do this, why didn't you take action, how
19 could you have allowed the law to be avoided?
20 How could you have allowed this exception?
21 Why weren't you thinking? All of those
22 complaints come in.
23 I say we err on the side of
24 caution. I intend to vote no.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator Marcellino.
2 Senator Connor.
3 SENATOR CONNOR: Thank you, Madam
4 President.
5 First of all, let me say I over the
6 years have applauded and followed Senator
7 Padavan's lead on these issues.
8 I've just heard Senator
9 Marcellino's story about a sad situation.
10 I've got a hundred of those stories on the
11 Lower East Side, where people file a plan, a
12 business plan with the community board that
13 they're going to be a white-tablecloth
14 restaurant and then the community board
15 approves them and, lo and behold, what they
16 finally file with the SLA is they're a
17 nightclub open to 4:00 a.m., music, crowds,
18 whatever.
19 Now, I was on that task force,
20 together with Senator Duane and Senator
21 Padavan, I believe Senator Maltese was on it,
22 local officials. And thanks to the new
23 leadership in the SLA, particularly
24 Commissioner Noreen Healey, who chaired that
25 task force, we did come up with a variety of
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1 both suggestions for procedural changes in the
2 permitting process and for some legislation.
3 So my district has been plagued
4 with these problems. You've heard me speak
5 about it last year when we confirmed new
6 commissioners. And Senator Padavan was of
7 great assistance in a case brought by a
8 community group in Soho about the 500-foot
9 rule, since he was the sponsor of it, and the
10 old SLA was ignoring application of it.
11 There is one stretch of -- there is
12 a block in my district that has something like
13 80-some licensed premises on it. So I am
14 sensitive to these issues.
15 But the problem with this is not
16 one size fits all, not one situation. There
17 are exceptions, Madam President.
18 And I have one that I am thinking
19 of doing legislation for because we don't seem
20 to solve it. And I will give the example.
21 There is a block in TriBeCa that has four or
22 five restaurants on them. They are some of
23 the most -- they include two or three of the
24 most well known restaurants in New York City,
25 owned by the most prominent
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1 restaurateur-chefs. They have been there for
2 some time.
3 Also on that block is a nondescript
4 office building of five, six stories the way
5 you would find in TriBeCa. And it turns out
6 that for some time on the third floor of that
7 building, with no sign out front, no sign in
8 the lobby, has been a small mosque. Why is
9 there no sign outside, no sign in the lobby?
10 They wanted to be very discreet. They don't
11 want people to know there's a mosque there.
12 They are in fear because of events -- not just
13 since 9/11, but even before that, the original
14 bombing of the World Trade Center, they have
15 fear. The congregants, on any given Friday,
16 20, 25 people may make their way into this
17 office building and up to this mosque for
18 their worship.
19 It is a house of worship. It is
20 not listed in the phone book. No one knew it
21 was there. It's been there, it turns out, for
22 many years. The neighbors canvassed the
23 neighborhood: nobody knew it was there.
24 These prominent restaurateurs
25 invested millions of dollars in establishing
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1 their businesses. Obviously their high-end
2 restaurant businesses don't work economically
3 if they can't serve wine, if they can't serve
4 alcohol. It's part of the package, obviously,
5 of a fancy restaurant.
6 Just a few months ago, through
7 happenstance, SLA learned of the existence of
8 this mosque. They learned about it from a
9 resident who finally realized it was there and
10 is making mischief. And it was really a
11 resident who wanted to stop a pending
12 application for a vacant space on the block.
13 Fine. And they stopped it.
14 But then the SLA went back to these
15 other five establishments, served them notices
16 that they want to cancel their liquor license
17 and fine them enormously for a fraudulent
18 application because they never disclosed the
19 existence of this mosque that no one knew was
20 there.
21 The imam and the president of the
22 congregation of the mosque have no objection
23 to these restaurants being there. Their major
24 concern is that now they're being publicized
25 and they really didn't want people to know
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1 they were there.
2 By Senator Padavan's strict
3 interpretation, which I usually agree with in
4 many, many instances in these applications and
5 so on, these leading restaurants would have to
6 be closed, lose their licenses. Tens of
7 employees in each would be -- I mean, these
8 are, as restaurants go, large employers.
9 Business investment made in all good faith --
10 and these are restaurants. Nobody has
11 complained about them. These are restaurants
12 that are closed by 11 o'clock at night or
13 11:15 at night. These are not nightclubs,
14 they're not night-life establishments. These
15 are really fancy, expensive, prominent
16 restaurants.
17 Madam President, Senator Padavan I
18 guess would say they're within 200 feet of
19 this mosque, this hidden mosque; close them.
20 I say that's not a reasonable way to apply the
21 law.
22 We don't want to put these
23 businesses out. There's no objection from the
24 congregants in this house of worship. They
25 admit that they deliberately have no signs
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1 outside or whatever because they don't want
2 any publicity, they don't want people really
3 to know -- in Lower Manhattan, a few blocks
4 from the World Trade Center site, they really
5 don't want people to know they're there.
6 So I think what Senator Krueger is
7 doing in addressing a specific instance is
8 perhaps appropriate. We don't want a blanket
9 exception in the law, because we've had bad
10 experiences with the public-interest exception
11 to Senator Padavan's original law. Not
12 because of him, but because of the way it was
13 being, in my opinion, misinterpreted.
14 On the other hand, in New York
15 City, a large metropolitan area, while it's
16 that very fact that's caused innumerable
17 problems with oversaturation of licensed
18 premises, in fact we need to be reasonable.
19 We don't want to put these businesspeople out
20 of huge investments, their employees out of
21 work, and put what else on those blocks.
22 So I'm going to vote for this, even
23 though I was on that task force and I urged
24 the SLA to strictly interpret the 200-foot
25 rule and the 500-foot rule. I think, and I
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1 hope my example has convinced you all, there
2 are reasons for prudent exceptions to be
3 granted by this Legislature.
4 Thank you, Madam President.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Connor.
7 Any other Senator wishing to be
8 heard?
9 Senator Alesi.
10 SENATOR ALESI: Thank you.
11 Madam President, as chairman of the
12 Committee of Commerce, Economic Development
13 and Small Business, we reviewed this
14 legislation before discharging it from
15 committee.
16 Now, I understand that in the
17 Legislature we have the power to change things
18 that generally are not changeable when they're
19 governed by something like the SLA that
20 operates by regulations empowered by this
21 Legislature to do that. But there are times
22 when the Legislature has to look at exceptions
23 to the power that we give those authorities.
24 We heard a lot about authorities earlier here
25 today.
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1 This is one of the exceptions, I
2 believe, that we have to pay close attention
3 to, because we're talking about a small
4 business. And we don't necessarily have to
5 make a political issue out of this. There is
6 justification for our considering this in a
7 positive way simply because this business --
8 regardless of where it's located, this
9 business has been in existence for many years,
10 has had a license. And only because there is
11 a change in ownership, there's a different way
12 of viewing how the measurement should be
13 taken.
14 So I would simply ask my colleagues
15 to consider this fact, that the SLA is giving
16 this business, where business owners have
17 invested in a commercial endeavor in this
18 state, the temporary operating authority until
19 the Legislature does something to recognize
20 that they can operate according to the way
21 that they were operating under the previous
22 license.
23 I feel as if I'm in kind of an odd
24 position here, advocating for this bill.
25 Nevertheless, I also feel that I am living up
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1 to my responsibility to be objective and help
2 business in New York State thrive. I'm voting
3 aye.
4 ACTING PRESIDENT YOUNG: Thank
5 you, Senator Alesi.
6 Any other Senator wishing to be
7 heard?
8 The debate is closed.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT YOUNG: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT YOUNG: Announce
17 the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1481 are
20 Senators Bonacic, Flanagan, Fuschillo, Hannon,
21 Johnson, C. Johnson, Lanza, LaValle, Little,
22 Maltese, Marcellino, Morahan, Padavan, Robach,
23 Skelos, Stewart-Cousins, Trunzo, Valesky,
24 Young. Also Senator Larkin. Also Senator
25 Saland. Also Senator Nozzolio.
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1 Absent from voting: Senator C.
2 Kruger.
3 Ayes, 36. Nays, 22.
4 ACTING PRESIDENT YOUNG: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1533, by Senator Maziarz, Senate Print 5706B,
8 an act to amend the Economic Development Law.
9 SENATOR LIZ KRUEGER:
10 Explanation.
11 ACTING PRESIDENT YOUNG: Senator
12 Maziarz, an explanation has been requested.
13 SENATOR MAZIARZ: I just voted in
14 the affirmative on the last bill.
15 (Laughter.)
16 SENATOR MAZIARZ: I studied it so
17 hard, it was -- my explanation was actually
18 buried here because I was so concentrating on
19 that last bill. The last bill that I voted in
20 favor of. Did I say that, Madam President?
21 (Laughter.)
22 SENATOR MAZIARZ: This
23 legislation would create an economic impact
24 report on ATV and motorized recreation in
25 New York State. This report would study the
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1 number of ATVs registered in New York as well
2 as the number of participants involved in ATV
3 and off-road activity. Further, the report
4 would study the amount of revenue expended by
5 individuals in the area on all ATV-related
6 expenses.
7 There was monies last year
8 collected for -- additional revenue for an ATV
9 registration surcharge, and money for this
10 study would come out of that ATV surcharge.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Maziarz.
13 Senator Krueger.
14 SENATOR LIZ KRUEGER: Thank you,
15 Madam President. If the sponsor would yield
16 to a question.
17 ACTING PRESIDENT YOUNG: Senator
18 Maziarz, do you yield?
19 SENATOR MAZIARZ: Certainly,
20 Madam President.
21 ACTING PRESIDENT YOUNG: Senator
22 Maziarz yields.
23 SENATOR LIZ KRUEGER: Thank you.
24 So I read your bill, and it
25 referenced, your memo, a study that was done
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1 on the Tug Hill Region ATV economic impact.
2 And I read the study. It's online. And
3 actually, they had several, an earlier one and
4 a newer one.
5 And my one question to you on the
6 study is, it talks about evaluating the
7 economic advantages of ATV, and I do
8 appreciate that it's a significant industry in
9 your district. But it doesn't talk about
10 measuring some of the costs of ATVs.
11 It talks about negative
12 consequences, but nowhere does it talk about
13 the healthcare costs associated with this
14 sport, which unfortunately has a fairly high
15 rate of injury that's been growing actually
16 exponentially over the last decade, according
17 to the Center for Disease Control.
18 And in fact there's been estimates
19 from national studies that the healthcare
20 costs from injuries for every ATV that is sold
21 should be calculated as $3,500 in new
22 healthcare costs associated with injuries.
23 So I guess I'm asking you would you
24 consider ensuring that in this study, factored
25 in, are the costs from injuries and deaths
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1 from ATVs, it turns out statistically
2 particularly for people under 16 driving ATVs.
3 SENATOR MAZIARZ: The answer to
4 your question is yes.
5 But I would just like to, if I
6 could, comment on that question. You said
7 that ATVs may be popular in my district.
8 Actually, Senator, ATVs are popular across
9 New York State, most particularly in upstate
10 and Central New York.
11 My good colleague and fellow caucus
12 member of the Polish-American caucus here in
13 this body, Senator Stachowski, indicated to me
14 just a few minutes ago there's a very large
15 ATV dealer located right in his district. So
16 it is an extremely popular sport across the
17 state, not just in my district.
18 But to answer your question, I will
19 absolutely see to it, Senator, that the impact
20 of the two areas that you talked about, or
21 three areas, I'm sorry, that you talked about
22 are included in the study.
23 SENATOR LIZ KRUEGER: Thank you.
24 Madam President, on the bill.
25 ACTING PRESIDENT YOUNG: Senator
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1 Krueger, on the bill.
2 SENATOR LIZ KRUEGER: I
3 appreciate the sponsor's answers to my
4 question.
5 And I will be voting for his bill,
6 because I think studying the question of the
7 pluses and minuses of ATVs throughout the
8 State of New York is an important issue for
9 this Legislature and for this government to
10 evaluate.
11 But again, I just want to emphasize
12 that the data coming out of the federal
13 government, of actually several agencies, the
14 death and injury statistics, the Interior
15 Department statistics -- because so many ATVs
16 are actually used on national park grounds
17 throughout the country -- the data even done
18 by a small rural hospital in Oregon near a
19 large ATV, I guess, park, showing that they
20 had a disproportionately large number of
21 uninsured people showing up at their rural
22 hospital without health insurance and that
23 they were fearing, this particularly hospital
24 in Reedsport, Oregon, near the Oregon National
25 Recreation Park Dunes ATV site, that it was
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1 going to potentially bankrupt their rural
2 hospital because they had to deal with so many
3 injuries from uninsured people.
4 So I just wanted to highlight that
5 I think it's important for us to evaluate the
6 economic advantages and disadvantages, the
7 opportunities created and the safety concerns
8 we should be aware of in evaluating and moving
9 forward with expansion or changes in ATV laws.
10 But I will be voting yes. Thank
11 you, Madam President.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Krueger.
14 Any other Senator wishing to be
15 heard?
16 Senator Wright.
17 SENATOR WRIGHT: Thank you, Madam
18 President.
19 I rise to commend my colleague
20 Senator Maziarz on taking an initiative that
21 we started in our region two years ago and
22 expanding that initiative statewide.
23 The success in the Tug Hill has
24 been well documented by the report. In turn,
25 that becomes a critical tool to move forward
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1 with the planning of appropriate use of ATVs,
2 the establishment of trails, the recognition
3 of its importance to the outdoor recreational
4 economy that occurs in our region, the western
5 region, and throughout upstate New York.
6 Those are important elements of our
7 tourism-based economy.
8 I want to commend the Senator for
9 his leadership. He is well-recognized within
10 the tourism and the outdoor recreation and
11 conservation field for his efforts. This is
12 but another fine example. I'm looking forward
13 to joining him in his support.
14 Thank you.
15 ACTING PRESIDENT YOUNG: Thank
16 you, Senator Wright.
17 Senator LaValle.
18 SENATOR LaVALLE: Thank you very
19 much, Madam President.
20 I'm going to support this
21 legislation. But having said that, I would
22 say that there is a difference in, I know,
23 upstate and downstate on this issue of ATVs
24 and how it might add to tourism and economic
25 development in upstate New York.
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1 Suffolk County has some of the
2 toughest laws on the use of ATVs and penalties
3 that are assessed individuals that are using
4 that in inappropriate places. And I would say
5 the county legislature in Suffolk keeps
6 looking at the present laws, which are the
7 toughest in the state, and continues to make
8 them even tougher.
9 Too many times young individuals
10 are really hurt, killed, or maimed for their
11 lifetime. So we're talking about something --
12 a very, very dangerous activity. But I'm also
13 mindfully aware that there are individuals
14 that want to do this, even go out and do it as
15 a family. And I know of several instances in
16 my own Senate district.
17 But I think such a report, I think,
18 has to recognize the differences between the
19 upstate and downstate viewpoint on this
20 particular issue. But I am going to support
21 Senator Maziarz on this initiative.
22 Thank you, Madam President.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator LaValle.
25 Any Senator wishing to be heard?
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1 Debate is closed.
2 The Secretary will ring the bell.
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 90th day.
6 ACTING PRESIDENT YOUNG: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: In relation to
10 Calendar Number 1533: Ayes, 58. Nays, 0.
11 Absent from voting: Senator C.
12 Kruger.
13 ACTING PRESIDENT YOUNG: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1569, by Senator Golden, Senate Print 5729, an
17 act to amend the Penal Law.
18 SENATOR MONTGOMERY: Explanation.
19 ACTING PRESIDENT YOUNG: Senator
20 Golden, an explanation has been requested.
21 SENATOR GOLDEN: Thank you, Madam
22 President.
23 This bill adds a new section of the
24 Penal Law, refusing to identify oneself upon
25 questioning. It makes it a Class A
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1 misdemeanor. This allows a police officer or
2 a court officer to ask a person to identify
3 him or herself in the course of a Terry stop
4 and provides for criminal liability when the
5 person intentionally fails to provide such
6 information.
7 This only applies when the officer
8 reasonably suspects that a person has
9 committed or is about to commit a crime. An
10 officer's right to ask for this information
11 has long been established and is in fact part
12 of our law here in the City of New York. In
13 the State of New York, it's a procedural law.
14 We're trying to move it from the CPL over to
15 the Penal Law.
16 And if we take -- I think last year
17 we used Officer Corr, who approached a
18 vehicle, he had suspicion, reasonable
19 suspicion because he had identification of the
20 vehicle, to pull that vehicle over. And he
21 approached that vehicle. Unfortunately,
22 Officer Corr was shot and killed because his
23 gut reaction and his suspicion was correct.
24 But had he walked up on that car
25 and Mr. and Mrs. Jones were in that vehicle,
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1 he would have moved from suspicion and said,
2 This is not the people I'm looking for.
3 So that's what it does. It gives
4 them reasonable suspicion so that they can get
5 probable cause to effect an arrest. It's a
6 tool that the police departments across the
7 state of New York use on a regular basis.
8 In the City of New York, when you
9 stop and question somebody or stop and ask for
10 someone's name, you're required to fill out a
11 UF-250, which is a document that shows the
12 stop, the reason for the stop, and what
13 suspicion was used to allow you to stop that
14 individual.
15 Until 2004, there was a question
16 whether refusal to answer the officer could
17 result in a penalty. The Supreme Court has
18 ruled, in Hiibel vs. Nevada, and very clearly
19 said when only a name is being requested,
20 there can be criminal enforcement.
21 And again, what reasonable
22 suspicion is is a legal standard in United
23 States law, that a person has been, is, or is
24 about to engage in criminal activity, based on
25 specific and articulable facts and inferences.
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1 This bill is drafted similar to
2 that of the Nevada statute and does not
3 require an individual to carry identification,
4 does not require an individual to give more
5 than his or her name, and is law in 23 other
6 states.
7 Thank you, Madam President.
8 ACTING PRESIDENT YOUNG: Thank
9 you, Senator Golden.
10 Senator Montgomery.
11 SENATOR MONTGOMERY: Yes, Madam
12 President. Thank you for the explanation,
13 Senator Golden.
14 I'm just fascinated by the example
15 that you use, that the officer was shot when
16 he approached the car. And of course that's a
17 very horrible thing. And our law enforcement
18 members are subjected to that kind of possible
19 violence and danger each and every day, and I
20 certainly understand that.
21 However, I fail to see the
22 connection between your bill here and the
23 example that you use.
24 ACTING PRESIDENT YOUNG: Senator
25 Montgomery, are you asking Senator Golden to
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1 yield?
2 SENATOR MONTGOMERY: No, I'm
3 speaking on the bill.
4 ACTING PRESIDENT YOUNG: Okay, on
5 the bill.
6 SENATOR MONTGOMERY: On the bill,
7 thank you.
8 And so I fail to see the
9 relationship between the example that the
10 sponsor, Senator Golden, uses as a rationale
11 for this legislation and what the legislation
12 does.
13 It simply says that if an officer
14 stops someone -- now, Madam President, mind
15 you, I had the privilege of riding in a police
16 vehicle, and I was shown the way that that
17 vehicle is able to track any vehicle and find
18 out who owns it, whether or not they have any
19 charges against them, any tickets, whatever,
20 right in that police car.
21 And my assumption is even though
22 that was another state, my assumption is that
23 New York is probably way above that state in
24 terms of technology as it relates to law
25 enforcement and the capability of tracking
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1 down and finding out if someone has actually
2 committed a crime.
3 So what this does, however, this
4 legislation does is that if an officer thinks
5 that someone may be looking to do something,
6 he can stop that -- he or she can stop that
7 person. And in fact, if that person says, I'm
8 X rather than Y, or I'm not going to give you
9 my name, the officer, under this bill, is
10 authorized to charge that person as a
11 criminal, as if they have committed a crime.
12 And I think that, in my experience,
13 the most likely individual to fall into this
14 category of refusing to give the police their
15 name, or at least very likely, is the
16 teenagers who are on the streets. I see them
17 there stopped constantly by the police. And
18 if they are not carrying ID, unfortunately,
19 the police very often take them to the
20 precinct and do a check on them.
21 But this would allow the police to
22 automatically charge those young people who
23 don't have ID with an A misdemeanor. So I
24 think we need to think this through much more
25 carefully, because it's one more opportunity
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1 for police officers to levy a criminal charge
2 especially against young people simply because
3 they don't have identification.
4 And we all know that the only way
5 that you can receive identification as a
6 teenager is that you have to pay for that ID,
7 if your school or some other organization does
8 not provide that for you free. We have not
9 made it possible or mandatory that every young
10 person have access to an ID. Middle schools
11 don't give IDs, only high schools.
12 So I am very, very concerned that
13 this is going to have unintentional
14 consequences, especially on people, young
15 people in particular, in my district, where
16 just for walking the street, being stopped by
17 the police, asked for ID, they don't have it,
18 and they get charged with an A misdemeanor.
19 So I'm going to vote no on this
20 legislation, Madam President. Thank you.
21 ACTING PRESIDENT YOUNG: Thank
22 you, Senator Montgomery.
23 Senator Schneiderman.
24 SENATOR SCHNEIDERMAN: Yes, if
25 the sponsor would yield for a few brief
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1 questions.
2 ACTING PRESIDENT YOUNG: Will the
3 sponsor yield?
4 SENATOR GOLDEN: Yes, Madam
5 President.
6 SENATOR SCHNEIDERMAN: Through
7 you, Madam President. This bill refers to
8 police officers or court officers, and it
9 appears to apply to all police officers and
10 court officers. Is that correct?
11 SENATOR GOLDEN: Yes.
12 SENATOR SCHNEIDERMAN: So through
13 you, Madam President, it would apply to
14 plainclothes police officers as well as
15 uniformed police officers; is that correct?
16 ACTING PRESIDENT YOUNG: Senator
17 Golden, do you continue to yield?
18 SENATOR GOLDEN: Yes, Madam
19 President.
20 SENATOR SCHNEIDERMAN: And
21 through you, Madam President, it would apply
22 to undercover police officers as well as
23 uniformed police officers and plainclothes
24 police officers; is that not correct?
25 ACTING PRESIDENT YOUNG: Senator
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1 Golden?
2 SENATOR GOLDEN: Yes, Madam
3 President.
4 SENATOR SCHNEIDERMAN: And the
5 bill is very short, I'm reading it, it's 14
6 lines long.
7 Could the sponsor please point us
8 to where, if at all, in this bill it requires
9 an undercover or plainclothes police officer
10 to tell the suspect that he is or she is in
11 fact a police officer when asking the name of
12 that suspect.
13 SENATOR GOLDEN: The procedure
14 that's across the State of New York is to
15 identify oneself and to effect an arrest. If
16 this individual has failed to identify
17 themselves to this individual and this
18 individual police officer has suspicion that
19 that individual has committed a crime or is
20 about to commit a crime, that person will be
21 arrested.
22 ACTING PRESIDENT YOUNG: Thank
23 you, Senator Golden.
24 Senator Schneiderman.
25 SENATOR SCHNEIDERMAN: Thank you.
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1 Through you, Madam President, if the sponsor
2 would continue to yield.
3 ACTING PRESIDENT YOUNG: Senator
4 Golden, do you yield?
5 SENATOR GOLDEN: I do, Madam
6 President.
7 ACTING PRESIDENT YOUNG: The
8 sponsor yields.
9 SENATOR SCHNEIDERMAN: Is there
10 in the procedure you have just described or
11 any other requirement that the police officer
12 identify themself as a police officer before
13 demanding in the course of -- I'm reading from
14 the bill -- in the course of temporary
15 questioning of such person, their name? Is
16 there any requirement in this bill that the
17 police officer identify themself as a police
18 officer?
19 SENATOR GOLDEN: Madam President,
20 there has to be a nexus between the suspicion
21 and the crime. So the nexus, if the person
22 fails to answer their name, it's addition to
23 the crime is failure to do so, and that person
24 is arrested.
25 Does the person make -- the officer
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1 approaches an individual, and that person
2 is -- if that presumption is that the police
3 officer is not a police officer, that's the
4 individual's chance that they take.
5 SENATOR SCHNEIDERMAN: Thank the
6 sponsor for his answers.
7 Madam President, on the bill.
8 ACTING PRESIDENT YOUNG: Thank
9 you, Senator Golden.
10 Senator Schneiderman, on the bill.
11 SENATOR SCHNEIDERMAN: I think
12 the sponsor has just said it as clearly as it
13 can be said. This is a chance that someone
14 takes.
15 If someone comes up to you and
16 demands to know your name, they're not
17 required to identify themselves as a police
18 officer. They could be an undercover police
19 officer, they could be a plainclothes police
20 officer, and you refuse or you give a nickname
21 or something, you get arrested.
22 This is not what we should be
23 enacting into law, Madam President. And this
24 is the kind of provision that could be used in
25 a very arbitrary and discriminatory fashion.
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1 You cannot enact a bill into law that creates
2 a crime for failing to give your name to
3 someone who you may not even know -- when you
4 may not even know who that person is and
5 there's no requirement that that person
6 identify themselves as a police officer.
7 And I think Senator Montgomery's
8 point is well taken. I don't think it's a big
9 secret who is most likely to be victimized by
10 this statute. Okay?
11 Thank you, Madam President. I
12 encourage everyone to vote no.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Schneiderman.
15 Senator Golden.
16 SENATOR GOLDEN: Yes, I rise to
17 explain to the last comments that on line 4 it
18 says, in the bill, intentionally fails to
19 provide his or her name to a police officer,
20 to a police officer or a court officer.
21 So therefore, identification has to
22 be made.
23 Thank you, Madam President.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Golden.
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1 Senator Diaz.
2 SENATOR DIAZ: Thank you, Madam
3 President.
4 I also rise to oppose this bill. I
5 think that it's a very, very bad bill for our
6 community, for our teenagers.
7 I was a member of the Civil
8 Complaint Review Board representing the County
9 of the Bronx in the City of New York. And I
10 faced so many cases where a police officer, to
11 cover their action, they issue all kind of
12 summonses. And this is another way for a
13 police officer to cover their abuse of power,
14 their foul languages or their actions, by
15 saying the person refused to identify
16 themselves, so they could hand them a summons.
17 I'm also very, very aware of those
18 plainclothes police officers. And for
19 example, we have a case in the Bronx -- two
20 cases right now that -- three that I might
21 say. We have the case of Amadou Diallo, who
22 was, because of identification, he got 19
23 bullets from four plainclothes police
24 officers.
25 Now we just got a case in the
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1 Bronx, Fermin Arzu, who was killed in the back
2 by a police officer in plainclothes. And also
3 we have the case of Reverend Del Valle, who
4 was stopped and kicked and whatever, in a case
5 of mistaken identity.
6 So, you know, I think that these
7 kind of bills don't have -- shouldn't have
8 room in our deliberation on our Senate floor.
9 So I'm here to say that you could call me in
10 the negative, and I ask all my colleagues to
11 vote no on this bill.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Diaz.
14 Senator Adams.
15 SENATOR ADAMS: Madam President,
16 through you, would the sponsor yield for a
17 question.
18 ACTING PRESIDENT YOUNG: Senator
19 Golden, do you yield?
20 SENATOR GOLDEN: I do, Madam
21 President.
22 SENATOR ADAMS: This is an
23 interesting bill, and I just want to get more
24 clarification.
25 The person stopped, would they need
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1 identification?
2 SENATOR GOLDEN: No. Madam
3 President, they would not. But I am enjoying
4 this conversation with a captain, former
5 captain of the New York City Police
6 Department, that we have to talk about Terry
7 stops. But that's okay.
8 SENATOR ADAMS: Would the sponsor
9 continue to yield.
10 ACTING PRESIDENT YOUNG: Senator
11 Golden, do you yield?
12 SENATOR GOLDEN: I do.
13 ACTING PRESIDENT YOUNG: The
14 Senator yields.
15 SENATOR ADAMS: To your
16 knowledge, is there any law that requires a
17 police officer to identify himself as a police
18 officer? A law. Not a procedure within the
19 department, is there any law?
20 SENATOR GOLDEN: No, there is
21 not.
22 But again, if I may point out, that
23 in the bill it says intentionally failed to
24 provide his or her name -- it doesn't say to
25 John Doe or John Schmoe, it says to a police
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1 officer or a court officer.
2 ACTING PRESIDENT YOUNG: Senator
3 Adams.
4 SENATOR ADAMS: Would the sponsor
5 continue to yield.
6 ACTING PRESIDENT YOUNG: Senator
7 Golden, do you yield?
8 SENATOR GOLDEN: I do, Madam
9 President.
10 ACTING PRESIDENT YOUNG: The
11 Senator yields.
12 SENATOR ADAMS: Just for
13 clarification, what standard of proof would
14 the officer need to conduct the inquiry?
15 SENATOR GOLDEN: Madam President,
16 the reason for the initial stop is suspicion,
17 suspicion of a crime that has been or is about
18 to be committed. That is the reason for the
19 stop.
20 If the individual officer can build
21 his reasonable suspicion to probable cause for
22 arrest, this is an additional tool that the
23 police departments across this state and
24 nation use to effect these arrests.
25 And in these times of terrorism
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1 across this state and across the country, this
2 is important that we give these officers the
3 tools that they need to be able to effect
4 probable cause and an arrest.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Golden.
7 Senator Adams.
8 SENATOR ADAMS: Would the sponsor
9 continue to yield.
10 ACTING PRESIDENT YOUNG: Senator
11 Golden, do you yield?
12 SENATOR GOLDEN: I do, Madam
13 President.
14 ACTING PRESIDENT YOUNG: The
15 sponsor yields.
16 SENATOR ADAMS: Senator, you
17 stated "suspicion." There's two levels of
18 suspicion, there's mere suspicion and there's
19 reasonable suspicion.
20 Which level of suspicion are we
21 talking about?
22 SENATOR GOLDEN: Reasonable
23 suspicion.
24 ACTING PRESIDENT YOUNG: Senator
25 Adams.
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1 SENATOR ADAMS: Would the sponsor
2 continue to yield?
3 ACTING PRESIDENT YOUNG: Senator
4 Golden, do you yield?
5 SENATOR GOLDEN: I do, Madam
6 President.
7 ACTING PRESIDENT YOUNG: The
8 sponsor yields.
9 SENATOR ADAMS: Senator, this
10 crime, would the crime stand alone, or would
11 the crime take place if there's an additional
12 criminal act that takes place?
13 SENATOR GOLDEN: Stand alone.
14 This legislation says that it can stand alone.
15 ACTING PRESIDENT YOUNG: Senator
16 Adams.
17 SENATOR ADAMS: On the bill.
18 ACTING PRESIDENT YOUNG: Senator
19 Adams, on the bill.
20 SENATOR ADAMS: Some very
21 important points just came out. Although I
22 understand the spirit -- and often I find
23 myself agreeing with my colleague because many
24 of his bills touch the nerve center of the
25 issues that are important to us.
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1 I'm leaving today, if we ever get
2 out of here, I'm leaving today to go to
3 Brooklyn. We had an incident where 30
4 children, young people, high school -- many of
5 them are A students -- 30 children were on
6 their way to a funeral that one of their
7 classmates was shot and killed.
8 While they were walking to the
9 funeral, the police officer stopped them,
10 placed them in handcuffs, had them sit on the
11 ground and arrested them. Arrested all 30 of
12 them.
13 You can only imagine, as I sit next
14 to the empty seat of my colleague who just
15 lost his father this morning, the trauma and
16 grief that an adult feels when they lose a
17 loved one. Can you imagine what a child feels
18 when they lose a loved one? And on your way
19 to mourning, while you were in a period of
20 mourning, you find yourself sitting in a
21 police precinct where the police officers are
22 mocking the death of the individual who was
23 killed.
24 Here's the problem. In an ideal
25 environment, when you have police officers
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1 like Senator Golden -- who's a retired member
2 of the police department -- when you have
3 conscientious law enforcement officers, you
4 can create and almost become creative in how
5 you have laws to fight those important issues.
6 But this is not the days we're
7 living in. We are not living in our mother's
8 and father's police department. It's a
9 different police department, Senator, it
10 really is, when you have 550,000 -- hear that
11 number, 550,000 young people who were stopped
12 and questioned by the police.
13 According to the Governor's report
14 when he was Attorney General, the forms that
15 you're supposed to prepare, only one out of
16 every four stops were prepared. So there's a
17 possibility that 2 million young people were
18 stopped and questioned by the police. Two
19 million. And a minute proportion of them
20 actually committed a crime.
21 According to this legislation --
22 and we have to be careful here. We can't
23 continue to hide behind the boogeyman of
24 terrorism for every crime and law we want to
25 pass. We can't continue to do that.
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1 I lost friends at the Center of
2 Trade. I lost colleagues and police officers
3 at the Center of Trade when it was attacked.
4 But I'll be darned if I become who those who
5 attacked us want us to become. That is not
6 the agenda that I'm going to set forth.
7 So I'm not afraid of the boogeyman
8 of terrorism, I'm afraid of the boogeyman of
9 passing laws that incarcerate our children.
10 Several important issues that need
11 to be pointed out. And before I do so,
12 Queens, in the Minority Leader's district, a
13 police officer was shot. You got to really
14 hear what happened out there. A police
15 officer was shot; 98 children were arrested.
16 Parents were calling to look for their kids.
17 Let me tell you what happened,
18 Senator Diaz. A woman was in the hospital
19 expecting her son or daughter -- her son, who
20 normally visited her every evening, he was
21 missing. She called around. And the
22 neighbors in the St. Albans, Queens --
23 middle-class income, in Queens, the neighbors
24 started calling around, and they realized that
25 all the children were missing.
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1 The children were all locked up
2 because a police officer was shot, so they
3 went through the entire community locking up
4 young black boys. The young men we
5 interviewed said they were inside the holding
6 cells looking across the cells and saying,
7 There's John from across the street, there's
8 Bobby from next door.
9 All these black boys were locked up
10 and incarcerated for petty offenses --
11 urination, riding a bike on the sidewalk,
12 walking down their blocks in their community.
13 The reason many of you cannot feel
14 this pain, because it's not your children.
15 When you sit around at cookouts, when you sit
16 around at block association meetings, when you
17 sit around at a family gathering, you're not
18 hearing your sons stating how often they are
19 stopped by the police. These kids are tired,
20 they're tired.
21 And we're not talking about the
22 worst among us, we're talking about the best
23 among us. We have moved to the point now that
24 we're no longer looking for criminals. We're
25 looking for anyone who has the wrong skin
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1 pigmentation. And that's wrong. And I'm
2 saying it loud enough so these children up
3 here can hear that. It's wrong. It's wrong.
4 So this bill, on the surface, it
5 seems all right. It seems like we're just
6 giving the police officer another tool in his
7 arsenal to fight crime. That's great as we
8 sit here in this sterilized environment of the
9 State Senate.
10 But let me tell you about the dirty
11 universe of policing. Too many children are
12 getting criminal records for simple things
13 merely because police are becoming creative in
14 their incarceration ability. And that's the
15 reality of what we're facing here today.
16 There's no law to carry an
17 identification. There's no law that a police
18 officer must identify himself in the first
19 place. No law. We just heard the Senator say
20 that. It's a procedure that takes place.
21 There's also a procedure on the New
22 York City Police Department books that says
23 it's against the law to profile. But does
24 profiling take place? You better believe that
25 it takes place.
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1 The crime stands alone. Hear that.
2 That's the most important statement: The
3 crime stands alone. We are willing to give a
4 young person a criminal record merely because
5 the police officer stated he did not identify
6 himself.
7 And that crime stands alone. Not
8 that if it turns out that this person was
9 committing a crime and then you add on the
10 charge of not identifying yourself. I could
11 accept that.
12 But merely because a young person
13 or an individual did not identify himself to a
14 police officer, we're going to charge him with
15 a misdemeanor. A misdemeanor is not a
16 violation, it's not a summons. A misdemeanor
17 is like a bad marriage; it stays with you
18 forever. Forever.
19 So when that young person goes to
20 become a teacher, he has to write on that
21 application: Have you ever been arrested?
22 Yes, I have. When he goes to become a police
23 officer: Have you ever been arrested? Yes, I
24 have. When he goes to be admitted to the Bar
25 Association: Have you ever been arrested?
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1 Yes, I have.
2 No one wants to hear the fact that,
3 Well, I was arrested just because I told the
4 police officer the wrong name. That's not the
5 reality.
6 When 14-year-old Johnny becomes
7 21 years old and he applies for Shearson
8 Brothers or American Express or Smith Barney
9 and he has to say, Yes, I have, and his
10 counterpart across town or in Rochester or
11 Troy or Long Island doesn't have to say that,
12 he's not going to be employed.
13 We've got to think this through.
14 This bill is wrong. This bill is wrong. It
15 goes in the wrong direction. I am not only
16 urging you to vote no. I am asking you, as I
17 stated when I first spoke on this floor, look
18 out outside my window and understand that this
19 bill directly impacts my children.
20 And I'm asking you, Senator Golden,
21 if we can go back to the drawing board and
22 just add that if a young person or a person is
23 found guilty of a crime and lied to the
24 police, we will add this on as an additional
25 charge. And the police officer has the
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1 responsibility to tell the person, he or she,
2 that it's against the law to give false
3 information, as we currently have a law that
4 states and indicates that.
5 When you look over this bill in
6 depth, and you couple it with the fact that we
7 have a major problem across the country with
8 how we incarcerate young people of color,
9 we're adding to this problem. And I am going
10 to vote no.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Adams.
13 Any Senator wishing to be heard?
14 Debate is closed.
15 The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT YOUNG: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT YOUNG: Senator
23 Bonacic, to explain his vote.
24 SENATOR BONACIC: Thank you,
25 Madam President.
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1 I think our Constitution gives us
2 the right of free speech. It gives us the
3 right not to speak.
4 And I appreciated Senator Adams'
5 remarks. I vote in the negative.
6 ACTING PRESIDENT YOUNG: Thank
7 you, Senator Bonacic. You will be recorded in
8 the negative.
9 Senator Stewart-Cousins, to explain
10 her vote.
11 SENATOR STEWART-COUSINS: Thank
12 you, Madam President.
13 You know, I sit in the chambers,
14 and day after day we are --
15 ACTING PRESIDENT YOUNG: Excuse
16 me, Senator.
17 Could I have some order in the
18 chamber, please.
19 Thank you.
20 SENATOR STEWART-COUSINS: Thank
21 you, Madam President.
22 Day after day we are passing
23 legislation that we are saying protects our
24 children. We are very cognizant of what our
25 children are facing in this world. We have
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1 trained our children from very early on not to
2 talk to strangers. That's very basic: don't
3 talk to strangers.
4 And in this situation, we are
5 saying that if a stranger, unidentified,
6 approaches a child, that this child is
7 supposed to anticipate that this might be a
8 police officer who might be concerned about
9 terrorism.
10 A child has been taught not to
11 speak to strangers for that child's
12 protection. To arrest a child who has been
13 taught not to speak to strangers in the event
14 that this person might be a police officer is
15 wrong. I'll be voting no.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator. You will be recorded in the
18 negative.
19 Senator DeFrancisco, to explain his
20 vote.
21 SENATOR DeFRANCISCO: I'm voting
22 no, as I did last year, not for -- closer to
23 the reasons Senator Stewart-Cousins has just
24 mentioned.
25 You can have a situation where a
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1 young person doesn't know whether or not that
2 person is a police officer. They may
3 intentionally not give a name, not because
4 they're trying to thwart a police officer, but
5 they don't know. That's intentional. I'm not
6 give you my name because I don't know who the
7 hell you are. So I think it's dangerous to a
8 lot of people that might get stopped.
9 All I'm looking for to vote yes
10 would be something in here where the
11 individual knowing refuses to -- knowing that
12 the person requesting is a police officer,
13 they intentionally refuse to give their name.
14 Then I think the bill would be acceptable, at
15 least to me.
16 So for those reasons, I'm voting
17 no.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator DeFrancisco. You will be
20 recorded in the negative.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1569 are
23 Senators Adams, Bonacic, Breslin, DeFrancisco,
24 Connor, Diaz, Dilan, Duane, Fuschillo,
25 Hassell-Thompson, Huntley, L. Krueger, Little,
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1 Montgomery, Onorato, Perkins, Sabini, Sampson,
2 Schneiderman, Serrano, Smith, Stavisky,
3 Stewart-Cousins and Thompson. Also Senator
4 Marcellino.
5 Ayes, 33. Nays, 25.
6 ACTING PRESIDENT YOUNG: Senator
7 Libous.
8 SENATOR LIBOUS: Madam President,
9 would you withdraw the roll call and lay the
10 bill aside for the day, please.
11 ACTING PRESIDENT YOUNG: The roll
12 call is withdrawn. The bill is laid aside for
13 the day.
14 SENATOR LIBOUS: Madam President,
15 there will be an immediate meeting of the
16 Rules Committee in the Majority Conference
17 Room, 332.
18 ACTING PRESIDENT YOUNG: There's
19 an immediate meeting of the Rules Committee in
20 the Majority Conference Room, Room 332.
21 SENATOR LIBOUS: If we could have
22 some order in the chamber, please.
23 Thank you. I thought I was at a
24 ball game for a minute.
25 Madam President, there will be an
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1 immediate meeting of the Rules Committee in
2 Room 332. The Senate will stand at ease.
3 And then we'll have the report of
4 the Rules Committee read when we get back.
5 We'll be not taking it up today, we'll be
6 taking it up, the Rules report, on Monday.
7 ACTING PRESIDENT YOUNG: Senator
8 Duane.
9 SENATOR DUANE: Thank you, Madam
10 President.
11 On behalf of Senator C. Kruger, on
12 page 24 I offer the following amendments to
13 Calendar Number 736, Senate Print Number 4551,
14 and ask that said bill retain its place on
15 Third Reading Calendar.
16 ACTING PRESIDENT YOUNG: The
17 amendments are received. The bill will
18 maintain its place on the Third Reading
19 Calendar.
20 Senator Fuschillo.
21 SENATOR FUSCHILLO: Thank you,
22 Madam President.
23 On behalf of Senator Wright, on
24 page number 31 I offer the following
25 amendments to Calendar Number 888, Senate
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1 Print Number 3138, and ask that said bill
2 retain its place on Third Reading Calendar.
3 ACTING PRESIDENT YOUNG: Thank
4 you, Senator Fuschillo. The amendments are
5 received. The bill will maintain its place on
6 the Third Reading Calendar.
7 SENATOR FUSCHILLO: Madam
8 President, on behalf of Senator Morahan, on
9 page number 58 I offer the following
10 amendments to Calendar Number 1428, Senate
11 Print Number 3294A, and ask that said bill
12 retain its place on Third Reading Calendar.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Fuschillo. The amendments are
15 received. The bill will maintain its place on
16 the Third Reading Calendar.
17 SENATOR FUSCHILLO: Thank you.
18 ACTING PRESIDENT YOUNG: The
19 Senate stands at ease.
20 (Whereupon, the Senate stood at
21 ease at 2:07 p.m.)
22 (Whereupon, the Senate reconvened
23 at 2:16 p.m.)
24 ACTING PRESIDENT DUANE: Senator
25 Skelos.
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1 SENATOR SKELOS: Mr. President,
2 if we could return to motions and resolutions,
3 I wish to call up Senator Nozzolio's bill,
4 Print Number 1449, recalled from the Assembly,
5 which is now at the desk.
6 ACTING PRESIDENT DUANE: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1493, by Senator Nozzolio, Senate Print 1449,
10 an act to amend the Criminal Procedure Law.
11 SENATOR SKELOS: Mr. President, I
12 now move to reconsider the vote by which this
13 bill was passed.
14 ACTING PRESIDENT DUANE: The
15 Secretary will call the roll on
16 reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT DUANE: Senator
20 Skelos.
21 SENATOR SKELOS: Mr. President, I
22 believe you're supposed to say that the bill
23 is restored to its place on the Third Reading
24 Calendar.
25 ACTING PRESIDENT DUANE: And so
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1 it was. The bill was restored to its original
2 place on the Third Reading Calendar.
3 SENATOR SKELOS: Thank you,
4 Mr. President. I now offer the following
5 amendments.
6 ACTING PRESIDENT DUANE: The
7 amendments are received.
8 SENATOR SKELOS: Mr. President,
9 if we could return to reports of standing
10 committees, I believe there's a report of the
11 Rules Committee at the desk. I ask that it be
12 taken up at this time.
13 ACTING PRESIDENT DUANE: Reports
14 of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills:
19 Senate Print 571, by Senator
20 Larkin, an act to amend the Agriculture and
21 Markets Law;
22 591B, by Senator Nozzolio, an act
23 to amend the Education Law;
24 2768, by Senator Breslin, an act
25 authorizing;
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1 3310, by Senator LaValle, an act to
2 amend the General Municipal Law;
3 3490A, by Senator Wright, an act in
4 relation to authorizing;
5 3785, by Senator DeFrancisco, an
6 act to amend the State Finance Law;
7 4485, by Senator Lanza, an act to
8 amend the Correction Law;
9 4855, by Senator Nozzolio, an act
10 to amend the Executive Law;
11 4952A, by Senator Young, an act to
12 amend the Environmental Conservation Law;
13 5352, by Senator Wright, an act to
14 amend the Tax Law;
15 5661, by Senator Morahan, an act to
16 amend the General Municipal Law;
17 5730, by Senator Golden, an act to
18 amend the Penal Law;
19 5762A, by Senator Wright, an act in
20 relation;
21 5767, by Senator Golden, an act to
22 amend the Penal Law;
23 5802, by Senator Lanza, an act to
24 amend the Penal Law;
25 5889A, by the Senate Committee on
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1 Rules, an act to amend the Tax Law;
2 5889, by the Senate Committee on
3 Rules, an act to amend the Tax Law;
4 5906, by Senator Maziarz, an act to
5 amend the Parks, Recreation and Historic
6 Preservation Law;
7 5944, by Senator Morahan, an act to
8 amend the Retirement and Social Security Law;
9 5983, by the Senate Committee on
10 Rules, an act to amend the Tax Law;
11 5986, by Senator Leibell, an act to
12 amend the Criminal Procedure Law;
13 5991, by Senator Golden, an act to
14 amend the Penal Law;
15 6014, by the Senate Committee on
16 Rules, an act to amend the Tax Law;
17 And Senate Print 6019, by Senator
18 Skelos, an act to authorize the assessor.
19 All bills ordered direct to third
20 reading.
21 ACTING PRESIDENT DUANE: Senator
22 Skelos.
23 SENATOR SKELOS: Mr. President,
24 move to accept the report of the Rules
25 Committee.
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1 ACTING PRESIDENT DUANE: All in
2 favor signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT DUANE: Opposed,
5 nay.
6 (No response.)
7 ACTING PRESIDENT DUANE: The
8 Rules report is accepted.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 for the members that are watching on TV, there
12 has not been a coup.
13 But is there any further business
14 to come before the Senate?
15 ACTING PRESIDENT DUANE: There is
16 no other business.
17 SENATOR SKELOS: There being
18 none, I move we stand adjourned until Monday,
19 June 11th, at 3:00 p.m., intervening days to
20 be legislative days.
21 ACTING PRESIDENT DUANE: On
22 motion, the Senate stands adjourned until
23 Monday, June 11th, at 3:00 p.m., intervening
24 days being legislative days.
25 SENATOR SKELOS: Thank you,
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1 Mr. President.
2 ACTING PRESIDENT DUANE: Thank
3 you.
4 (Whereupon, at 2:21 p.m., the
5 Senate adjourned.)
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