Regular Session - June 11, 2007
4143
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 11, 2007
11 3:25 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JAMES S. ALESI, 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 ALESI: The
3 Senate will come to order.
4 All rise.
5 I ask everyone present to join in
6 reciting the Pledge of Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT ALESI: The
10 invocation today will be given by Reverend
11 Peter G. Young, of Mother Theresa Community.
12 REVEREND YOUNG: Thank you,
13 Senator. Let us pray.
14 As we stand here today, may we
15 focus our attention to the beautiful stained
16 glass above the podium, because this is the
17 state seal that has the motto "Excelsior" --
18 "ever upward." And it replaced the place of
19 the crown in 1777. Lady Liberty, with a
20 peasant cap representing democracy, has her
21 left foot stepping on the crown, representing
22 the rejection of royalty.
23 As citizens of the Empire State, we
24 have been the leader with our constitution,
25 12 years before the federal Constitution. As
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1 a national leader, as a New York State
2 Senator, you have been given these great
3 privileges.
4 So, God, these Senators have a
5 great power and responsibility. May we pray
6 that they will always work in Your image and
7 honor all of our New York State citizens.
8 Amen.
9 ACTING PRESIDENT ALESI: Thank
10 you, Father Young.
11 Reading of the Journal.
12 THE SECRETARY: In Senate,
13 Sunday, June 10, the Senate met pursuant to
14 adjournment. The Journal of Saturday, June 9,
15 was read and approved. On motion, Senate
16 adjourned.
17 ACTING PRESIDENT ALESI: Without
18 objection, the Journal stands approved as
19 read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
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1 state officers.
2 Motions and resolutions.
3 Senator Farley.
4 SENATOR FARLEY: Thank you,
5 Mr. President.
6 On behalf of Senator Griffo,
7 Mr. President, I wish to call up his bill,
8 Print Number 5482, it's recalled from the
9 Assembly, and it's now at the desk.
10 ACTING PRESIDENT ALESI: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1120, by Senator Griffo, Senate Print 5482, an
14 act to amend the Social Services Law and the
15 Executive Law.
16 SENATOR FARLEY: Mr. President, I
17 now move to reconsider the vote by which this
18 bill was passed.
19 ACTING PRESIDENT ALESI: Call the
20 roll on reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 45.
23 SENATOR FARLEY: Mr. President, I
24 now offer the following amendments.
25 ACTING PRESIDENT ALESI: The
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1 amendments are received.
2 SENATOR FARLEY: Mr. President,
3 on behalf of Senator Volker, I wish to call up
4 his bill, Print Number 1602, it's recalled
5 from the Assembly, and it's now at the desk.
6 ACTING PRESIDENT ALESI: The
7 Secretary will read.
8 THE SECRETARY: Calendar Number
9 1089, by Senator Volker, Senate Print 1602, an
10 act to amend the Correction Law.
11 SENATOR FARLEY: Mr. President, I
12 now move to reconsider the vote by which this
13 bill was passed.
14 ACTING PRESIDENT ALESI: Call the
15 roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 45.
18 SENATOR FARLEY: Mr. President, I
19 now offer the following amendments.
20 ACTING PRESIDENT ALESI: The
21 amendments are received.
22 SENATOR FARLEY: Mr. President, I
23 now have amendments to be offered on the
24 following Third Reading Calendar bills.
25 On behalf of yourself, Senator
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1 Alesi, on page 10, Calendar Number 343, Senate
2 Print 1459.
3 On behalf of Senator Larkin, on
4 page 13, Calendar Number 439, Senate Print
5 421.
6 On behalf of Senator Fuschillo, on
7 page 22, Calendar Number 724, Senate Print
8 4517.
9 On behalf of Senator LaValle, on
10 page 29, Calendar 889, Senate Print 3585.
11 On behalf of Senator Volker, on
12 page 36, Calendar Number 1041, Senate Print
13 3560A.
14 And on behalf of Senator Hannon, on
15 page 28, Calendar Number 863, Senate Print
16 Number 5118A.
17 And on behalf of Senator Fuschillo,
18 on page 28, Calendar Number 870, Senate Print
19 5543A.
20 And on behalf of Senator
21 DeFrancisco, on page 20, Calendar Number 661,
22 Senate Print 39A.
23 And on behalf of Senator Maltese,
24 on page 21, Calendar Number 693, Senate Print
25 4580.
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1 And on behalf of Senator Robach, on
2 page 55, Calendar Number 1435, Senate Print
3 Number 1923.
4 And on behalf of myself, Senator
5 Farley, on page 46, Calendar Number 1276,
6 Senate Print 5288.
7 Mr. President, I move that these
8 bills retain their place on the Third Reading
9 Calendar.
10 ACTING PRESIDENT ALESI: All
11 amendments are received and adopted, and all
12 bills will retain their place on third
13 reading.
14 Senator Little.
15 SENATOR LITTLE: Thank you,
16 Mr. President.
17 Are there any substitutions at the
18 desk?
19 ACTING PRESIDENT ALESI: There
20 are.
21 SENATOR LITTLE: If we could make
22 them at this time. Thank you.
23 ACTING PRESIDENT ALESI: The
24 Secretary will read.
25 THE SECRETARY: On page 23,
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1 Senator Skelos moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 4964,
3 and substitute it for the identical Senate
4 Bill Number 2801, Third Reading Calendar 729.
5 On page 31, Senator Maziarz moves
6 to discharge, from the Committee on Rules,
7 Assembly Bill Number 3626A and substitute it
8 for the identical Senate Bill Number 1624A,
9 Third Reading Calendar 938.
10 On page 41, Senator Farley moves to
11 discharge, from the Committee on Rules,
12 Assembly Bill Number 8365 and substitute it
13 for the identical Senate Bill Number 4958,
14 Third Reading Calendar 1171.
15 On page 42, Senator Little moves to
16 discharge, from the Committee on Local
17 Government, Assembly Bill Number 7399 and
18 substitute it for the identical Senate Bill
19 Number 5083, Third Reading Calendar 1188.
20 On page 43, Senator O. Johnson
21 moves to discharge, from the Committee on
22 Environmental Conservation, Assembly Bill
23 Number 8202 and substitute it for the
24 identical Senate Bill Number 5836, Third
25 Reading Calendar 1212.
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1 On page 43, Senator O. Johnson
2 moves to discharge, from the Committee on
3 Environmental Conservation, Assembly Bill
4 Number 8204 and substitute it for the
5 identical Senate Bill Number 5837, Third
6 Reading Calendar 1213.
7 On page 43, Senator O. Johnson
8 moves to discharge, from the Committee on
9 Environmental Conservation, Assembly Bill
10 Number 8212 and substitute it for the
11 identical Senate Bill Number 5838, Third
12 Reading Calendar 1214.
13 On page 43, Senator O. Johnson
14 moves to discharge, from the Committee on
15 Environmental Conservation, Assembly Bill
16 Number 8200 and substitute it for the
17 identical Senate Bill Number 5839, Third
18 Reading Calendar 1215.
19 And on page 55, Senator Griffo
20 moves to discharge, from the Committee on
21 Elections, Assembly Bill Number 641 and
22 substitute it for the identical Senate Bill
23 Number 6003, Third Reading Calendar 1484.
24 ACTING PRESIDENT ALESI:
25 Substitutions ordered.
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1 Senator Little.
2 SENATOR LITTLE: Thank you,
3 Mr. President. May we please have the
4 noncontroversial reading of the calendar.
5 ACTING PRESIDENT ALESI: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 96, by Senator Saland, Senate Print 1773A, an
9 act to amend the Education Law.
10 ACTING PRESIDENT ALESI: Read the
11 last section.
12 THE SECRETARY: Section 23. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ALESI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 52.
18 ACTING PRESIDENT ALESI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 373, by Senator Maltese, Senate Print 1771, an
22 act to amend the New York City Criminal Court
23 Act.
24 ACTING PRESIDENT ALESI: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ALESI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 52.
7 ACTING PRESIDENT ALESI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 423, by Senator Little, Senate Print 1133, an
11 act to amend the Town Law, the Public Officers
12 Law, and the Village Law.
13 ACTING PRESIDENT ALESI: Read the
14 last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ALESI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 52.
21 ACTING PRESIDENT ALESI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 424, by Senator Little, Senate Print 1134, an
25 act to amend the Town Law, the Public Officers
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1 Law, and the Village Law.
2 ACTING PRESIDENT ALESI: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 ACTING PRESIDENT ALESI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 52.
10 ACTING PRESIDENT ALESI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 505, by Senator Rath, Senate Print 4009A, an
14 act to amend the Social Services Law.
15 ACTING PRESIDENT ALESI: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ALESI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 52.
23 ACTING PRESIDENT ALESI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 630, by Senator Little, Senate Print 3814B, an
2 act to amend the General Business Law.
3 ACTING PRESIDENT ALESI: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT ALESI: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 53.
11 ACTING PRESIDENT ALESI: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 701, by Senator Seward, Senate Print 2968, an
15 act to amend the Insurance Law.
16 SENATOR DUANE: Lay it aside,
17 please.
18 ACTING PRESIDENT ALESI: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 729, substituted earlier by Member of the
22 Assembly Gottfried, Assembly Print Number
23 4964, an act to amend the Social Services Law.
24 ACTING PRESIDENT ALESI: Read the
25 last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ALESI: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 53.
7 ACTING PRESIDENT ALESI: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 772, by Senator Skelos, Senate Print 3573, an
11 act to amend the Vehicle and Traffic Law.
12 ACTING PRESIDENT ALESI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ALESI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 53.
20 ACTING PRESIDENT ALESI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 773, by Senator Larkin, Senate Print 4040A, an
24 act to amend the Vehicle and Traffic Law.
25 ACTING PRESIDENT ALESI: Read the
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1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT ALESI: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT ALESI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 835, by Senator DeFrancisco, Senate Print
13 4210, an act to amend the Real Property
14 Actions and Proceedings Law and the Civil
15 Practice Law and Rules.
16 ACTING PRESIDENT ALESI: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ALESI: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 55. Nays,
24 0.
25 ACTING PRESIDENT ALESI: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 871, by Senator Young, Senate Print 5579A, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT ALESI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ALESI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT ALESI: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 874, by Senator Winner, Senate Print 3317A, an
17 act to amend the Highway Law.
18 ACTING PRESIDENT ALESI: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ALESI: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 55.
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1 ACTING PRESIDENT ALESI: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 880, by Senator Flanagan, Senate Print 5628A,
5 an act to amend the State Administrative
6 Procedure Act.
7 ACTING PRESIDENT ALESI: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT ALESI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT ALESI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 899, by Senator Little, Senate Print 5110, an
19 act to amend the General Municipal Law.
20 ACTING PRESIDENT ALESI: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ALESI: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT ALESI: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 930, by Senator Golden, Senate Print 3333B, an
7 act to amend the Education Law.
8 ACTING PRESIDENT ALESI: Read the
9 last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT ALESI: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 55.
16 ACTING PRESIDENT ALESI: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 938, substituted earlier today by Member of
20 the Assembly John, Assembly Print Number
21 3626A, an act to amend the Labor Law.
22 ACTING PRESIDENT ALESI: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect January 1, 2009.
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1 ACTING PRESIDENT ALESI: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT ALESI: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 951, by Senator Lanza, Senate Print 3596, an
9 act authorizing the City of New York to
10 reconvey its interest.
11 ACTING PRESIDENT ALESI: There is
12 a home-rule message at the desk.
13 Read the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ALESI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 55.
20 ACTING PRESIDENT ALESI: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 988, by Senator Rath, Senate Print 5194A, an
24 act to amend the General Business Law.
25 ACTING PRESIDENT ALESI: Read the
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1 last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the earliest of
4 either the 30th day or the 390th day.
5 ACTING PRESIDENT ALESI: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT ALESI: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 994, by Senator Larkin, Senate Print 4968, an
13 act to authorize the transfer of all funds.
14 ACTING PRESIDENT ALESI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT ALESI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT ALESI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1018, by Senator Seward, Senate Print 3150A,
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1 an act --
2 SENATOR LITTLE: Lay it aside for
3 the day, please.
4 ACTING PRESIDENT ALESI: The bill
5 is laid aside for the day.
6 THE SECRETARY: Calendar Number
7 1081, by Senator Saland, Senate Print 5747, an
8 act to amend Chapter 425 of the Laws of 2002
9 amending the Education Law.
10 ACTING PRESIDENT ALESI: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ALESI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 55.
18 ACTING PRESIDENT ALESI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1115, by Senator Nozzolio, Senate Print 589,
22 an act to amend the Executive Law.
23 ACTING PRESIDENT ALESI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ALESI: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 54. Nays,
6 1. Senator L. Krueger recorded in the
7 negative.
8 ACTING PRESIDENT ALESI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1148, by Senator Maziarz, Senate Print 949, an
12 act to amend the Vehicle and Traffic Law.
13 ACTING PRESIDENT ALESI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of
17 November.
18 ACTING PRESIDENT ALESI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT ALESI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1157, by Senator Rath, Senate Print 2964, an
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1 act to amend the Alcoholic Beverage Control
2 Law.
3 ACTING PRESIDENT ALESI: Read the
4 last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 180th day.
7 ACTING PRESIDENT ALESI: Call the
8 roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT ALESI: Senator
11 Montgomery, to explain her vote.
12 SENATOR MONTGOMERY: Yes, thank
13 you, Mr. President.
14 I note that this is legislation
15 that Senator Rath has introduced, and I note
16 that a number of similar bills have been
17 introduced by Senator Little as well, and I
18 certainly identify with the issue that they
19 are drawing attention to and trying to
20 address.
21 I do, however, have some concerns
22 that we keep trying to legislate this problem
23 and it does not seem to be helping us with
24 really addressing the serious problem with
25 young people and drinking, and drinking and
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1 driving and what have you.
2 So I certainly hope that we can
3 begin to come up with a better way of trying
4 to deal with young people in particular who
5 are inclined to want to drink even if they
6 have to falsify their ID and whatever else
7 that they do.
8 I'm going to support this bill,
9 however, because it does not carry with it a
10 criminal penalty, it just carries with it some
11 restitution. So I'm going to vote yes. But I
12 think that we need to think about this much
13 more seriously as a social issue rather than
14 as a criminal issue.
15 Thank you, Mr. President. I vote
16 yes.
17 ACTING PRESIDENT ALESI: Senator
18 Montgomery will be recorded in the
19 affirmative.
20 Announce the results.
21 THE SECRETARY: Ayes, 55. Nays,
22 0.
23 ACTING PRESIDENT ALESI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1158, by Senator Padavan, Senate Print 3995,
2 an act to amend the Mental Hygiene Law.
3 ACTING PRESIDENT ALESI: Read the
4 last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect one year after it shall
7 have become law.
8 ACTING PRESIDENT ALESI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT ALESI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1171, substituted earlier today by Member of
16 the Assembly Jeffries, Assembly Print Number
17 8365, an act to amend the Banking Law and the
18 Real Property Actions and Proceedings Law.
19 ACTING PRESIDENT ALESI: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT ALESI: Call the
24 roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 56.
2 ACTING PRESIDENT ALESI: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1188, substituted earlier today by Member of
6 the Assembly Hoyt, Assembly Print Number 7399,
7 an act to amend the General Municipal Law.
8 ACTING PRESIDENT ALESI: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect January 1, 2009.
12 ACTING PRESIDENT ALESI: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT ALESI: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1191, by the Senate Committee on Rules, Senate
20 Print Number 5849A, an act to amend Chapter
21 370 of the Laws of 2001 relating to creating
22 the Clifton Park-Halfmoon library district.
23 ACTING PRESIDENT ALESI: Read the
24 last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ALESI: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT ALESI: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1197, by Senator Winner, Senate Print 3219A,
10 an act to amend the Environmental Conservation
11 Law.
12 ACTING PRESIDENT ALESI: Read the
13 last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ALESI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 55. Nays,
20 2. Senators Duane and Perkins recorded in the
21 negative.
22 ACTING PRESIDENT ALESI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1212, substituted earlier today by Member of
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1 the Assembly Colton, Assembly Print Number
2 8202, an act to amend the Environmental
3 Conservation Law.
4 ACTING PRESIDENT ALESI: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ALESI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 55. Nays,
12 2. Senators Duane and LaValle recorded in the
13 negative.
14 ACTING PRESIDENT ALESI: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1213, substituted earlier by Member of the
18 Assembly Espaillat, Assembly Print Number
19 8204, an act to amend the Environmental
20 Conservation Law.
21 ACTING PRESIDENT ALESI: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT ALESI: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55. Nays,
4 2. Senators Duane and LaValle recorded in the
5 negative.
6 ACTING PRESIDENT ALESI: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1214, substituted earlier today by Member of
10 the Assembly Sweeney, Assembly Print Number
11 8212, an act to amend the Environmental
12 Conservation Law.
13 ACTING PRESIDENT ALESI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ALESI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 55. Nays,
21 2. Senators Duane and LaValle recorded in the
22 negative.
23 ACTING PRESIDENT ALESI: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 1215, substituted earlier today by Member of
2 the Assembly Eddington, Assembly Print Number
3 8200, an act to amend the Environmental
4 Conservation Law.
5 ACTING PRESIDENT ALESI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ALESI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 55. Nays,
13 2. Senators Duane and LaValle recorded in the
14 negative.
15 ACTING PRESIDENT ALESI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1326, by Senator C. Kruger, Senate Print 4542,
19 an act to amend the Family Court Act and the
20 Criminal Procedure Law.
21 ACTING PRESIDENT ALESI: Read the
22 last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT ALESI: Call the
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1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 ACTING PRESIDENT ALESI: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1333, by Senator Flanagan, Senate Print 690A,
8 an act to amend the Public Health Law.
9 ACTING PRESIDENT ALESI: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT ALESI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT ALESI: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1430, by Senator LaValle, Senate Print 4735,
21 an act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT ALESI: Read the
23 last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect on the first of
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1 November.
2 ACTING PRESIDENT ALESI: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57.
6 ACTING PRESIDENT ALESI: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1484, substituted earlier today by Member of
10 the Assembly Wright, Assembly Print Number
11 641, an act to amend Chapter 92 of the Laws of
12 2001, amending the Election Law.
13 ACTING PRESIDENT ALESI: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ALESI: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57.
21 ACTING PRESIDENT ALESI: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1487, by Senator Fuschillo, Senate Print
25 4304B, an act to amend the Executive Law.
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1 ACTING PRESIDENT ALESI: Read the
2 last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the first of January
5 next succeeding.
6 ACTING PRESIDENT ALESI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT ALESI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1507, by Senator Padavan, Senate Print 3529A,
14 an act to amend the Agriculture and Markets
15 Law.
16 ACTING PRESIDENT ALESI: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 60th day.
20 ACTING PRESIDENT ALESI: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 ACTING PRESIDENT ALESI: The bill
25 is passed.
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1 THE SECRETARY: Calendar Number
2 1537, by Senator Lanza, Senate Print 5791A, an
3 act to amend the Penal Law.
4 ACTING PRESIDENT ALESI: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ALESI: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 ACTING PRESIDENT ALESI: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1544, by Senator Young, Senate Print 5995, an
16 act to authorize the conveyance of certain
17 state lands.
18 ACTING PRESIDENT ALESI: Read the
19 last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ALESI: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 57.
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1 ACTING PRESIDENT ALESI: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1555, by Senator Alesi, Senate Print 1915A, an
5 act to amend the Alcoholic Beverage Control
6 Law.
7 ACTING PRESIDENT ALESI: Read the
8 last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT ALESI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT ALESI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1564, by Senator Larkin, Senate Print 571, an
19 act to amend the Agriculture and Markets Law,
20 the County Law, the Insurance Law and the Tax
21 Law.
22 ACTING PRESIDENT ALESI: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ALESI: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 ACTING PRESIDENT ALESI: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1574, by Senator Libous, Senate Print 5978, an
9 act to amend --
10 SENATOR LITTLE: Lay it aside for
11 the day, please.
12 ACTING PRESIDENT ALESI: Lay the
13 bill aside for the day.
14 THE SECRETARY: Calendar Number
15 1575, by Senator Maltese, Senate Print 6007,
16 an act to amend the Labor Law.
17 ACTING PRESIDENT ALESI: Read the
18 last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 120th day.
21 ACTING PRESIDENT ALESI: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT ALESI: Senator
25 Saland, to explain his vote.
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1 SENATOR SALAND: Thank you,
2 Mr. President, to explain my vote.
3 Mr. President, this bill deals with
4 the implementation of programs to prevent
5 workplace violence in public schools. We had
6 passed a bill last year which, among public
7 employers, had excluded public schools. I can
8 only assume that was in part because of the
9 SAVE program.
10 I certainly am not insensitive to
11 the importance of requiring programs to deal
12 with this critically important workplace
13 issue, but I do believe that it is more
14 appropriately dealt with in the SAVE program
15 that we passed -- both houses, in fact, had
16 passed, and it was signed into law several
17 years ago.
18 And for that reason, Mr. President,
19 I'm going to vote in the negative on this
20 bill. Thank you.
21 ACTING PRESIDENT ALESI: Senator
22 Saland will be recorded in the negative.
23 Announce the results.
24 THE SECRETARY: Ayes, 56. Nays,
25 1. Senator Saland recorded in the negative.
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1 ACTING PRESIDENT ALESI: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1576, by Senator Breslin, Senate Print 2768,
5 an act authorizing the Division of Criminal
6 Justice Services.
7 ACTING PRESIDENT ALESI: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ALESI: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 ACTING PRESIDENT ALESI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1577, by Senator LaValle, Senate Print 3310,
19 an act to amend the General Municipal Law.
20 ACTING PRESIDENT ALESI: Read the
21 last section.
22 THE SECRETARY: Section 7. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ALESI: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT ALESI: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1579, by Senator DeFrancisco, Senate Print
7 3785, an act to amend the State Finance Law
8 and the Judiciary Law.
9 ACTING PRESIDENT ALESI: Read the
10 last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT ALESI: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 ACTING PRESIDENT ALESI: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1581, by Senator Nozzolio, Senate Print 4855,
21 an act to amend the Executive Law.
22 ACTING PRESIDENT ALESI: Read the
23 last section.
24 THE SECRETARY: Section 5. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ALESI: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 1581 are
6 Senators Duane, Huntley and Perkins.
7 Ayes, 54. Nays, 3.
8 ACTING PRESIDENT ALESI: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1582, by Senator Young, Senate Print 4952A, an
12 act to amend the Environmental Conservation
13 Law.
14 ACTING PRESIDENT ALESI: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT ALESI: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 ACTING PRESIDENT ALESI: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1583, by Senator Wright, Senate Print 5352, an
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1 act to amend the Tax Law.
2 ACTING PRESIDENT ALESI: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT ALESI: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 57.
10 ACTING PRESIDENT ALESI: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1585, by Senator Golden, Senate Print 5730, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT ALESI: Read the
16 last section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 90th day.
19 ACTING PRESIDENT ALESI: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56. Nays,
23 1. Senator Montgomery recorded in the
24 negative.
25 ACTING PRESIDENT ALESI: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 1587, by Senator Golden, Senate Print 5767, an
4 act to amend the Penal Law.
5 ACTING PRESIDENT ALESI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 90th day.
9 ACTING PRESIDENT ALESI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 57.
13 ACTING PRESIDENT ALESI: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1588, by Senator Lanza, Senate Print 5802, an
17 act to amend the Penal Law and the Criminal
18 Procedure Law.
19 ACTING PRESIDENT ALESI: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect on the 90th day.
23 ACTING PRESIDENT ALESI: 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 1588 are
3 Senators Duane, Montgomery and Perkins.
4 Ayes, 54. Nays, 3.
5 ACTING PRESIDENT ALESI: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1589, by the Senate Committee on Rules, Senate
9 Print 5889A, an act to amend the Tax Law.
10 ACTING PRESIDENT ALESI: Read the
11 last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ALESI: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 ACTING PRESIDENT ALESI: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1590, by Senator Maziarz, Senate Print 5906 --
22 SENATOR LITTLE: Lay it aside for
23 the day, please.
24 ACTING PRESIDENT ALESI: Lay the
25 bill aside for the day.
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1 THE SECRETARY: Calendar Number
2 1591, by Senator Morahan, Senate Print 5944,
3 an act to amend the Retirement and Social
4 Security Law.
5 ACTING PRESIDENT ALESI: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ALESI: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56. Nays,
13 1. Senator Montgomery recorded in the
14 negative.
15 ACTING PRESIDENT ALESI: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1593, by Senator Leibell, Senate Print 5986,
19 an act to amend the Criminal Procedure Law.
20 ACTING PRESIDENT ALESI: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ALESI: Call the
25 roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 ACTING PRESIDENT ALESI: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1594, by Senator Golden, Senate Print 5991, an
7 act to amend the Penal Law.
8 ACTING PRESIDENT ALESI: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT ALESI: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 ACTING PRESIDENT ALESI: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1596, by Senator Skelos, Senate Print 6019, an
20 act to authorize the assessor of the County of
21 Nassau to accept an application.
22 ACTING PRESIDENT ALESI: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ALESI: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57. Nays,
5 0.
6 ACTING PRESIDENT ALESI: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1597, by Senator Nozzolio, Senate Print 591B,
10 an act to amend the Education Law.
11 ACTING PRESIDENT ALESI: Read the
12 last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of July
15 next succeeding.
16 ACTING PRESIDENT ALESI: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 ACTING PRESIDENT ALESI: The bill
21 is passed.
22 Senator Little, that completes the
23 noncontroversial reading of the calendar.
24 SENATOR LITTLE: Thank you,
25 Mr. President. Now may we have the
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1 controversial reading of the calendar.
2 ACTING PRESIDENT ALESI: The
3 Secretary will ring the bell.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 701, by Senator Seward, Senate Print --
7 SENATOR LIZ KRUEGER:
8 Explanation, please.
9 ACTING PRESIDENT ALESI:
10 Explanation, Senator Seward.
11 SENATOR SEWARD: Certainly,
12 Mr. President.
13 The purpose of the bill before us
14 is to help individuals and businesses to
15 better afford health insurance by making it
16 easier for them to purchase high-deductible
17 health plans that are coupled with health
18 savings accounts.
19 Now, these types of policies were
20 created under the federal Medicare
21 Prescription Drug Improvement and
22 Modernization Act of 2003. However, here in
23 New York, current law prohibits these
24 high-deductible health plans and HSAs from
25 being offered by HMOs and being offered in the
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1 individual market. So only other parts of the
2 health insurance market are able to make these
3 available to their clients.
4 So this would remove that
5 prohibition and allow for the greater
6 marketing of this type of health insurance
7 product.
8 This legislation goes right at the
9 heart of our efforts to bring down the number
10 of uninsured when it comes to health insurance
11 in New York State. Close to 3 million
12 New Yorkers continue to be without health
13 insurance.
14 It seems to me, Mr. President, that
15 we need to aggressively pursue solving that
16 problem. I think it has to be done in a
17 variety of ways. Certainly we have a number
18 of very good public programs, from Healthy
19 New York, Child Health Plus, Family Health
20 Plus. But also it seems to me we need to look
21 at innovative approaches to also help people
22 to be able to afford health insurance.
23 These high-deductible health
24 insurance plans, coupled with HSAs, are less
25 costly. And it just seems to me that we ought
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1 to make this option available. It's not for
2 everyone, but we should, it seems to me, make
3 this option available to more New Yorkers so
4 that as they look down a menu of options they
5 have, this will be included with other
6 options.
7 ACTING PRESIDENT ALESI: Thank
8 you, Senator.
9 Senator Krueger.
10 SENATOR LIZ KRUEGER: Thank you,
11 Mr. President. On the bill.
12 ACTING PRESIDENT ALESI: Senator
13 Krueger, on the bill.
14 SENATOR LIZ KRUEGER: Thank you.
15 I appreciate the sponsor's
16 explanation. We've debated this bill several
17 years, although this bill does vary from your
18 previous bills. This bill doesn't have the
19 option for health insurance to no longer cover
20 certain illnesses, which was one serious
21 concern I had about the previous legislation.
22 So I want to thank the sponsor for
23 amending his bill to remove the option for
24 insurance companies to decide they don't want
25 to pay for certain types of illnesses. I
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1 think that is certainly an improvement.
2 I'm still left with the dilemma,
3 though, that these high-deductible insurance
4 models really end up being for healthy and
5 wealthy people. If you've got the money to
6 pay $1,800 in deductibles and put into savings
7 accounts, you're right, this might be a good
8 insurance plan for you.
9 Although most people, when we talk
10 about people who can't afford insurance or the
11 uninsured, are working in low-wage jobs with
12 minimal benefits. They can't really put in
13 the $1,800 deductible or put the money into a
14 health savings account, because they don't
15 have that kind of money.
16 And so my concern about this
17 legislation, despite my appreciation for your
18 having amended it, is that we'll still find
19 ourselves in situations where, if companies
20 opt into this model, their insurees will not
21 be able to participate in getting primary
22 healthcare, in getting basic healthcare that
23 of course saves us all money down the road,
24 because they won't have that high deductible
25 to pay out.
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1 I'm also very concerned with the
2 fact that if we set up a two-tier model of
3 insurance, the kind of insurance programs we
4 have today and the model where, with a high
5 deductible, you can basically shift the heavy
6 burden of the cost of healthcare to each
7 insuree, that insurance companies will
8 continue over time to bias themselves towards
9 the high deductible and we won't have a market
10 that has both kinds of insurance -- our
11 current system in the proposal you're
12 making -- but that insurance companies will
13 opt out of existing coverage plans, only offer
14 the high deductible, and at the end of the day
15 we will have only one model of health
16 insurance, the insurance that healthy and
17 wealthy people can pay for. And I don't think
18 that that does us any justice here in New York
19 State or is the model we want.
20 And again, with due respect to the
21 sponsor, for me, now in 2007, pretty much
22 everything that President Bush put into his
23 Medicare Prescription and Modernization Act of
24 December 8, 2003, in my opinion has been a
25 flop. So I don't think we should continue
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1 down the model of the Medicare Reform Act of
2 2003. Because on each topic, as we've watched
3 it roll into effect, we've seen bad things
4 happen for health care coverage and insurance.
5 So I think we should look to other
6 people for models for success and recognize
7 that that bill wasn't a very good bill.
8 So I will continue to vote no on
9 the bill. Thank you very much.
10 Thank you, Mr. President.
11 ACTING PRESIDENT ALESI: Does any
12 other Senator wish to be heard?
13 If not, the debate is closed.
14 The Secretary will ring the bell.
15 Read the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect January 1, 2008.
18 ACTING PRESIDENT ALESI: Call the
19 roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT ALESI: Senator
22 Seward, to explain his vote.
23 SENATOR SEWARD: Yeah, thank you,
24 Mr. President.
25 The bill before us, it seems to me,
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1 goes right at the heart of our efforts to cut
2 down the number of uninsured that we have in
3 the state of New York, which continues to be
4 too high.
5 Unlike Senator Krueger in her
6 comments, I do not have the same reservations
7 at all. The question is, where does the money
8 come from for --
9 ACTING PRESIDENT ALESI: Excuse
10 me, Senator.
11 May we have some order, please.
12 SENATOR SEWARD: The question is,
13 where does the money come from to deposit into
14 one of these health savings accounts?
15 Mr. President, it comes from the
16 savings for both the employee and the
17 employer, the savings that they are going to
18 derive if they in fact decide to switch to one
19 of these policies. The savings are
20 significant. The employer can contribute to
21 the health savings account, and the employee
22 can also contribute to this health savings
23 account. That's where the money comes from.
24 And that money, deposited in a
25 health savings account, can be used to spend
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1 for any expenses up to the deductible level.
2 Individuals, consumers of our state, can have
3 choices, they can make decisions regarding
4 their healthcare.
5 And this legislation, added to all
6 the other efforts that are underway in the
7 state of New York to cut down on the
8 uninsured, is going to help us a great deal
9 with that effort.
10 Mr. President, I vote aye.
11 ACTING PRESIDENT ALESI: Senator
12 Seward will be recorded in the affirmative.
13 Will those Senators voting in the
14 negative please raise your hands again.
15 Senator Rath, to explain her vote.
16 SENATOR RATH: Thank you,
17 Mr. President. To explain my vote.
18 I'd like to congratulate Senator
19 Seward and the hard work on this bill. This
20 has been around for three or four years. It
21 was a bill similar to one that I talked with
22 him about at that time, after having gone to
23 national conference where one of the most
24 important things that was developing in the
25 insurance industry throughout the country was
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1 an opportunity to have health savings accounts
2 in place because of the dramatic savings that
3 could occur when an individual takes charge
4 and is responsible for their own healthcare.
5 In other words, if you take really
6 good care of yourself and don't have to spend
7 the money, then you get to save the money.
8 And in talking with some of our
9 good friends in the workers' unions, they were
10 caught on the idea that if the dollars were
11 saved for the public employees, then maybe
12 there would be an opportunity to renegotiate
13 contracts, because dollars would be saved
14 because the workers had taken care and in
15 charge of their own healthcare, so to speak.
16 And I have a bill that will follow
17 hot on the heels of this one -- maybe not this
18 year, but absolutely next year -- that will
19 make this a condition of employment for public
20 employee unions, that if they want to save the
21 money by taking care of their health care,
22 saving the dollars for us, their employer,
23 then we want to negotiate with them for higher
24 wages for those employees.
25 I congratulate you, Senator Seward.
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1 ACTING PRESIDENT ALESI: Senator
2 Rath will be recorded in the affirmative.
3 Announce the results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 701 are
6 Senators Adams, Diaz, Dilan, Duane, Gonzalez,
7 Huntley, C. Johnson, Klein, L. Krueger, C.
8 Kruger, Montgomery, Onorato, Parker, Perkins,
9 Sabini, Sampson, Savino, Schneiderman, Smith,
10 Stavisky, Stewart-Cousins and Thompson.
11 Absent from voting: Senators
12 Connor and Oppenheimer.
13 Ayes, 36. Nays, 22.
14 ACTING PRESIDENT ALESI: The bill
15 is passed.
16 Senator Little, that concludes the
17 controversial reading of the calendar.
18 SENATOR LITTLE: Thank you,
19 Mr. President.
20 There will be an immediate meeting
21 of the Rules Committee in the Senate
22 Conference Room.
23 The Senate stands at ease.
24 ACTING PRESIDENT ALESI:
25 Immediate meeting of the Rules Committee in
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1 Conference Room 332.
2 Senator Nozzolio, for a motion.
3 SENATOR NOZZOLIO: Thank you,
4 Mr. President.
5 ACTING PRESIDENT ALESI: Senator,
6 one moment, please.
7 SENATOR NOZZOLIO: Thank you,
8 Mr. President.
9 I wish to call up Print Number
10 2129, recalled from the Assembly, which is now
11 at the desk.
12 ACTING PRESIDENT ALESI: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 478, by Senator LaValle, Senate Print 2129, an
16 act to amend the Highway Law.
17 SENATOR NOZZOLIO: Mr. President,
18 on behalf of Senator LaValle, I now wish to
19 reconsider the vote by which the bill was
20 passed.
21 ACTING PRESIDENT ALESI: Call the
22 roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 SENATOR NOZZOLIO: On behalf of
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1 Senator LaValle, I offer the following
2 amendments.
3 ACTING PRESIDENT ALESI:
4 Amendments received.
5 The Senate stands at ease.
6 (Whereupon, the Senate stood at
7 ease at 4:14 p.m.)
8 (Whereupon, the Senate reconvened
9 at 4:24 p.m.)
10 ACTING PRESIDENT ALESI: Senator
11 Little.
12 SENATOR LITTLE: Thank you,
13 Mr. President. If we could return to motions
14 and resolutions.
15 ACTING PRESIDENT ALESI: Motions
16 and resolutions.
17 SENATOR LITTLE: Mr. President,
18 thank you.
19 On behalf of Senator Nozzolio, I
20 wish to call up bill Print Number 3756,
21 recalled from the Assembly, which is now at
22 the desk.
23 ACTING PRESIDENT ALESI: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 856, by Senator Nozzolio, Senate Print 3756,
2 an act authorizing the Commissioner of General
3 Services.
4 SENATOR LITTLE: Mr. President, I
5 now move to reconsider the vote by which this
6 bill was passed.
7 ACTING PRESIDENT ALESI: Call the
8 roll on reconsideration.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 59.
11 SENATOR LITTLE: Mr. President, I
12 now offer the following amendments.
13 ACTING PRESIDENT ALESI: The
14 amendments are received.
15 SENATOR LITTLE: On behalf of
16 Senator Nozzolio, I wish to call up bill Print
17 Number 333A, recalled from the Assembly, which
18 is now at the desk.
19 ACTING PRESIDENT ALESI: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 1346, by Senator Nozzolio, Senate Print 333A,
23 an act to amend the Correction Law.
24 SENATOR LITTLE: Mr. President, I
25 now move to reconsider the vote by which this
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1 bill was passed.
2 ACTING PRESIDENT ALESI: Call the
3 roll on reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 SENATOR LITTLE: Mr. President, I
7 now offer the following amendments.
8 ACTING PRESIDENT ALESI: The
9 amendments are received.
10 SENATOR LITTLE: Thank you.
11 Mr. President, on behalf of Senator
12 Morahan, I wish to call up bill Print Number
13 4073, recalled from the Assembly, which is now
14 at the desk.
15 ACTING PRESIDENT ALESI: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 911, by Senator Morahan, Senate Print 4073, an
19 act requiring the use of politically correct
20 terminology.
21 ACTING PRESIDENT ALESI: Call the
22 roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 SENATOR LITTLE: Mr. President, I
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1 now offer the following amendments.
2 ACTING PRESIDENT ALESI: The
3 amendments are received.
4 SENATOR LITTLE: Thank you.
5 Mr. President, on a motion. On
6 behalf of Senator Fuschillo, on page number 20
7 I offer the following amendments to Calendar
8 Number 631, Senate Print Number 3854, and ask
9 that said bill retain its place on Third
10 Reading Calendar.
11 ACTING PRESIDENT ALESI: The
12 amendments are received, and the bill will
13 retain its place on third reading.
14 SENATOR LITTLE: Thank you.
15 Mr. President, may we return to the
16 reports of standing committees. I believe
17 there's a report of the Rules Committee at the
18 desk.
19 ACTING PRESIDENT ALESI: Reports
20 of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 1919, by Senator
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1 Larkin, an act to amend the Vehicle and
2 Traffic Law;
3 4083B, by Senator Little, an act to
4 amend Chapter 80 of the Laws of 2000;
5 Senate Print 4321, by Senator
6 Libous, an act appointing certain individuals;
7 5450, by Senator Nozzolio, an act
8 to amend the Correction Law;
9 5684, by Senator Young, an act to
10 amend the Agriculture and Markets Law;
11 5718, by the Senate Committee on
12 Rules, an act to amend the County Law;
13 5745, by Senator Stachowski, an act
14 to amend the Racing, Pari-Mutuel Wagering and
15 Breeding Law;
16 5798, by the Senate Committee on
17 Rules, an act to amend the Tax Law;
18 5911, by Senator Golden, an act to
19 amend Chapter 642 of the Laws of 2004;
20 5925, by the Senate Committee on
21 Rules, an act to amend the Tax Law;
22 5967, by Senator DeFrancisco, an
23 act to amend the Surrogate's Court Procudre
24 Act;
25 5984, by Senator Leibell, an act to
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1 amend the Waterfront Commission Act;
2 6038, by Senator Skelos, an act to
3 authorize;
4 And Senate Print 6039, by Senator
5 Alesi, an act to amend the Highway Law.
6 All bills ordered direct to third
7 reading.
8 ACTING PRESIDENT ALESI: Senator
9 Little.
10 SENATOR LITTLE: I move to accept
11 the report of the Rules Committee.
12 ACTING PRESIDENT ALESI: All in
13 favor of accepting the report of the Rules
14 Committee signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT ALESI: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT ALESI: The
20 report is accepted.
21 Senator Little.
22 SENATOR LITTLE: Thank you,
23 Mr. President. Could we please take up
24 Calendar Number 1603.
25 ACTING PRESIDENT ALESI: The
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1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1603, by the Senate Committee on Rules, Senate
4 Print 5718, an act to amend the County Law.
5 ACTING PRESIDENT ALESI: There is
6 a local fiscal impact note at the desk.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT ALESI: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT ALESI: The bill
15 is passed.
16 Senator Little.
17 SENATOR LITTLE: Mr. President,
18 for the information of the members, there will
19 be a Rules Committee meeting in the Senate
20 Conference Room at 5 o'clock, and then the
21 Rules Committee report will come back to the
22 Senate.
23 But we will not be taking up any
24 bills, so the Senate will stand at ease until
25 such time that we come back from the
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1 committee.
2 ACTING PRESIDENT ALESI: There
3 will be a Rules Committee meeting at 5 o'clock
4 in Conference Room 332. No further business
5 will be taken up. We will stand at ease until
6 then.
7 The Senate stands at ease.
8 (Whereupon, the Senate stood at
9 ease at 4:32 p.m.)
10 (Whereupon, the Senate reconvened
11 at 5:04 p.m.)
12 ACTING PRESIDENT ALESI: Senator
13 Skelos.
14 SENATOR SKELOS: Mr. President,
15 if we could return to motions and resolutions.
16 On behalf of Senator DeFrancisco, I
17 wish to call up his bill, Print Number 911A,
18 recalled from the Assembly, which is now at
19 the desk.
20 ACTING PRESIDENT ALESI: Motions
21 and resolutions.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 619, by Senator DeFrancisco, Senate Print
25 911A, an act to amend the Executive Law.
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1 SENATOR SKELOS: Mr. President, I
2 now move to reconsider the vote by which this
3 bill was passed.
4 ACTING PRESIDENT ALESI: Call the
5 roll on reconsideration.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 60.
8 SENATOR SKELOS: Mr. President, I
9 now offer the following amendments.
10 ACTING PRESIDENT ALESI: The
11 amendments are received.
12 SENATOR SKELOS: Mr. 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 ALESI: 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 247A, by Senator
24 Morahan, an act to amend the Tax Law;
25 428, by Senator Larkin, an act to
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1 amend the Real Property Tax Law;
2 687, by Senator Flanagan, an act to
3 amend the Education Law;
4 800, by Senator Breslin, an act to
5 amend the Real Property Tax Law;
6 808, by Senator Maltese, an act to
7 amend the Public Officers Law;
8 898, by Senator LaValle, an act to
9 authorize;
10 1529, by Senator Fuschillo, an act
11 to amend the Real Property Tax Law;
12 1866, by Senator Rath, an act to
13 amend the Real Property Tax Law;
14 1914, by Senator Alesi, an act in
15 relation to directing;
16 2878, by Senator DeFrancisco, an
17 act to amend the Criminal Procedure Law;
18 2962, by Senator Rath, an act to
19 amend the Tax Law;
20 3104, by Senator Maziarz, an act to
21 amend the Vehicle and Traffic Law;
22 3119A, by Senator Nozzolio, an act
23 to amend the Criminal Procedure Law;
24 3574, by Senator Lanza, an act to
25 amend the Tax Law;
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1 3650, by Senator Leibell, an act to
2 amend the Executive Law;
3 3944, by Senator Seward, an act to
4 amend the Tax Law;
5 4325, by Senator Winner, an act to
6 amend the Real Property Tax Law;
7 4482, by Senator Skelos, an act to
8 amend the Tax Law;
9 4488, by Senator Skelos, an act to
10 authorize;
11 4639A, by Senator Padavan, an act
12 to amend the Tax Law;
13 4692, by Senator Saland, an act to
14 amend the Town Law;
15 4791, by Senator Seward, an act to
16 amend the Tax Law;
17 4829, by Senator Saland, an act to
18 amend the Town Law;
19 4859, by the Senate Committee on
20 Rules, an act to authorize;
21 5037A, by Senator Nozzolio, an act
22 to amend the Penal Law;
23 5859, by Senator Trunzo, an act in
24 relation to authorizing;
25 5988, by the Senate Committee on
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1 Rules, an act to amend the Hudson River Park
2 Act;
3 And Senate Print 5998A, by Senator
4 Saland, an act to amend the Education Law.
5 All bills ordered direct to third
6 reading.
7 ACTING PRESIDENT ALESI: Senator
8 Skelos.
9 SENATOR SKELOS: Mr. President, I
10 move to accept the report of the Rules
11 Committee.
12 ACTING PRESIDENT ALESI: All in
13 favor of accepting the report of the Rules
14 Committee signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT ALESI: Opposed,
17 nay.
18 (No response.)
19 ACTING PRESIDENT ALESI: The
20 report is accepted.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 on page number 48 I offer the following
24 amendments to Calendar Number 1305, Senate
25 Print 4704B, and ask that said bill retain its
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1 place on the Third Reading Calendar.
2 ACTING PRESIDENT ALESI: The
3 amendments are received, and the bill will
4 retain its place on third reading.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President, I
7 believe there is one more amendment.
8 ACTING PRESIDENT ALESI: There
9 is.
10 SENATOR SKELOS: Mr. President.
11 ACTING PRESIDENT ALESI: Senator
12 Skelos.
13 SENATOR SKELOS: On behalf of
14 Senator Winner, on page number 56 I offer the
15 following amendments to Calendar Number 1499,
16 Print Number 2366, and ask that said bill
17 retain its place on the Third Reading
18 Calendar.
19 ACTING PRESIDENT ALESI: The
20 amendments are received, and the bill will
21 retain its place on Third Reading Calendar.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 is there any further business at the desk?
25 ACTING PRESIDENT ALESI: There is
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1 no further business, Senator.
2 SENATOR SKELOS: There being
3 none, I move we stand adjourned until Tuesday,
4 June 12th, at 3:00 p.m.
5 ACTING PRESIDENT ALESI: There
6 being no further business, on motion, the
7 Senate stands adjourned until Tuesday,
8 June 12th, at 3:00 p.m.
9 (Whereupon, at 5:10 p.m., the
10 Senate adjourned.)
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