Regular Session - June 12, 2007
4214
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 12, 2007
11 3:23 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I would ask all to please rise and
5 join me in reciting the Pledge of Allegiance
6 to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: Our invocation is
10 a magic moment for me. It's an opportunity to
11 introduce a sage to governors, advisor to
12 presidents, friend of the Senate, and a
13 generally good human being: Father Peter G.
14 Young, of Mother Theresa Community of Albany.
15 REVEREND YOUNG: May we join in
16 prayer.
17 In New York City, at George
18 Washington's inauguration as President, he
19 placed his hands on the Bible on April 30,
20 1789, to serve with integrity his nation.
21 Our Senators in this chamber are
22 called to the same dedication to leadership,
23 as Your elected and dedicated public servants.
24 Therefore, we ask You to bless them, Lord, in
25 Your name, so they can carry out their most
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1 important work for all of our citizens in
2 New York State.
3 We ask You this now and forever.
4 Amen.
5 THE PRESIDENT: What color suit
6 was the President wearing that day, Father?
7 REVEREND YOUNG: Blue.
8 (Laughter.)
9 THE PRESIDENT: The reading of
10 the Journal.
11 THE SECRETARY: In Senate,
12 Monday, June 11, the Senate met pursuant to
13 adjournment. The Journal of Sunday, June 10,
14 was read and approved. On motion, Senate
15 adjourned.
16 THE PRESIDENT: Without
17 objection, the Journal stands approved as
18 read.
19 Presentation of petitions.
20 Messages from the Assembly.
21 Messages from the Governor.
22 Reports of standing committees.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 On the motions, Senator Nozzolio.
3 SENATOR NOZZOLIO: Thank you,
4 Mr. President.
5 On behalf of Senator LaValle, I
6 wish to call up Print Number 5526, recalled
7 from the Assembly, which is now at the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 1530, by Senator LaValle, Senate Print 5526,
12 an act to amend the Social Services Law and
13 the Correction Law.
14 THE PRESIDENT: Senator Nozzolio.
15 SENATOR NOZZOLIO: Mr. President,
16 I now move to reconsider the vote by which the
17 bill was passed.
18 THE PRESIDENT: The Secretary
19 will call the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 42.
22 THE PRESIDENT: Senator Nozzolio.
23 SENATOR NOZZOLIO: Thank you,
24 Mr. President.
25 On behalf of Senator LaValle, I
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1 offer the following amendments.
2 THE PRESIDENT: The amendments
3 are received and adopted.
4 Senator Nozzolio.
5 SENATOR NOZZOLIO: Mr. President,
6 I wish to call up, on behalf of Senator
7 Larkin, Print Number 1046, recalled from the
8 Assembly, which is now at the desk.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 714, by Senator Larkin, Senate Print 1046, an
13 act to amend the Agriculture and Markets Law.
14 THE PRESIDENT: Senator Nozzolio.
15 SENATOR NOZZOLIO: Mr. President,
16 I now move to reconsider the vote by which the
17 bill was passed.
18 THE PRESIDENT: The Secretary
19 will call the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 52.
22 THE PRESIDENT: The chair
23 recognizes Senator Nozzolio.
24 SENATOR NOZZOLIO: I now offer
25 the following amendments.
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1 THE PRESIDENT: The amendments
2 are received.
3 SENATOR NOZZOLIO: Mr. President,
4 on behalf of Senator DeFrancisco, I wish to
5 call up Print Number 4116, recalled from the
6 Assembly, which is now at the desk.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: Calendar Number
10 1128, by Senator DeFrancisco, Senate Print
11 4116, an act to amend the General Municipal
12 Law.
13 THE PRESIDENT: Senator Nozzolio.
14 SENATOR NOZZOLIO: Mr. President,
15 I now move to reconsider the vote by which the
16 bill was passed.
17 THE PRESIDENT: The Secretary
18 will call the roll on reconsideration.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 52.
21 THE PRESIDENT: Senator Nozzolio.
22 SENATOR NOZZOLIO: Mr. President,
23 I now offer the following amendments.
24 THE PRESIDENT: The amendments
25 are received.
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1 SENATOR NOZZOLIO: Mr. President.
2 THE PRESIDENT: Senator Nozzolio.
3 SENATOR NOZZOLIO: I move the
4 following bills be discharged from its
5 respective committee and be recommitted with
6 instructions to strike the enacting clause:
7 Senate Print Number 1966, by Senator Volker.
8 THE PRESIDENT: So ordered,
9 Senator Nozzolio. Thank you.
10 Senator Leibell.
11 SENATOR LEIBELL: Mr. President,
12 are there any substitutions at the desk?
13 THE PRESIDENT: Yes, there are,
14 Senator.
15 The Secretary will read.
16 THE SECRETARY: On page 40,
17 Senator Marcellino moves to discharge, from
18 the Committee on Environmental Conservation,
19 Assembly Bill Number 8211 and substitute it
20 for the identical Senate Bill Number 5814,
21 Third Reading Calendar 1206.
22 And on page 40, Senator Marcellino
23 moves to discharge, from the Committee on
24 Environmental Conservation, Assembly Bill
25 Number 8206 and substitute it for the
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1 identical Senate Bill Number 5815, Third
2 Reading Calendar 1207.
3 THE PRESIDENT: Substitutions
4 ordered.
5 Senator Leibell.
6 SENATOR LEIBELL: Would the desk
7 recognize Senator Fuschillo for motions.
8 THE PRESIDENT: Senator
9 Fuschillo.
10 SENATOR FUSCHILLO: Thank you,
11 Mr. President.
12 Amendments are offered to the
13 following Third Reading Calendar bills:
14 Sponsored by Senator Seward, page
15 number 42, Calendar Number 1260, Senate Print
16 Number 4617;
17 By Senator Maziarz, page number 53,
18 Calendar Number 1590, Senate Print Number
19 5906;
20 By Senator LaValle, page number 55,
21 Calendar Number 1616, Senate Print Number 898;
22 By Senator Fuschillo, page number
23 19, Calendar Number 626, Senate Print 2970;
24 By Senator Skelos, page number 19,
25 Calendar Number 636, Senate Print Number 4058;
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1 By Senator Padavan, page number 31,
2 Calendar Number 959, Senate Print Number 5422;
3 By Senator Volker, page number 43,
4 Calendar Number 1283, Senate Print Number
5 4142;
6 By Senator DeFrancisco, page number
7 44, Calendar Number 1299, Senate Print Number
8 1268;
9 By Senator Bonacic, page number 17,
10 Calendar Number 588, Senate Print Number 3970;
11 By Senator Volker, page number 32,
12 Calendar Number 983, Senate Print Number 4029;
13 By Senator Morahan, page number 11,
14 Calendar Number 381, Senate Print Number 2586.
15 I now move that these bills retain
16 their place on the order of Third Reading
17 Calendar.
18 THE PRESIDENT: Thank you,
19 Senator Fuschillo. The amendments are
20 received and adopted. The bills will retain
21 their place on the Third Reading Calendar.
22 Senator Leibell.
23 SENATOR LEIBELL: May we please
24 adopt the Resolution Calendar.
25 THE PRESIDENT: All those in
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1 favor of adopting the Resolution Calendar
2 please indicate so by saying aye.
3 (Response of "Aye.")
4 THE PRESIDENT: Opposed, nay.
5 (No response.)
6 THE PRESIDENT: The Resolution
7 Calendar is adopted.
8 Senator Leibell.
9 SENATOR LEIBELL: Would you
10 recognize Senator Farley, please.
11 THE PRESIDENT: The chair
12 recognizes Senator Farley.
13 SENATOR FARLEY: Thank you,
14 Mr. President.
15 Resolution 2712 is one that asks
16 Governor Spitzer to proclaim October 21st
17 through 27th Friends of Libraries Week in the
18 State of New York.
19 There wasn't time to circulate
20 this. I'm offering it up to the entire
21 Senate. Normally everybody has cosponsored
22 it.
23 If somebody does not want to
24 sponsor it, please approach the desk, if
25 that's all right with the leader.
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1 THE PRESIDENT: On the
2 resolution, Senator Farley has kindly opened
3 up the resolution for sponsorship by the
4 entire body. We'll put the names of all the
5 members on the resolution. Anyone who would
6 not like to be part of it can please indicate
7 so at the desk.
8 Senator Smith.
9 SENATOR SMITH: Thank you very
10 much, Mr. President.
11 Members and colleagues, I rise to
12 speak on Resolution 2736, where we were
13 fortunate, absent of knowing this young lady,
14 to reap the benefits of some of what she has
15 done for an individual.
16 This young lady, who had been
17 knighted by the Queen, was named Dame Lois
18 Browne-Evans. She began a series of firsts
19 when she became the first woman called to the
20 Bermuda bar. She also, in 1953, won election
21 to the Parliament in the Devonshire North
22 seat, the first black woman to be elected an
23 MP.
24 She also was the first woman to
25 become the party leader in the British
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1 Commonwealth and also was the first to become
2 the attorney general as well in Bermuda.
3 Mr. President, what distinguished
4 and what makes this young lady, Dame Lois
5 Browne-Evans, so important to me and so
6 important to others in this room is a product
7 which she produced, a product which became a
8 very close person to me, someone who I knew
9 for a very long time, and someone who now is
10 my chief of staff. This young lady, Dame Lois
11 Browne, was the aunt of Mortimer Lawrence --
12 who is now my chief of staff -- and passed
13 away recently. And also they declared, in
14 Bermuda, a state holiday because of this young
15 lady.
16 I am proud today, Mr. President, to
17 know that we are pausing to present this
18 resolution on behalf of Dame Lois
19 Browne-Evans. I say this to my good friend
20 and chief of staff Mortimer Lawrence, and his
21 family, that we in the State of New York are
22 very noteworthy of her accomplishments, and
23 I'm happy that we are pausing today to bring
24 forth this resolution.
25 I would also ask that it be opened
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1 to all members of the Senate, and any of those
2 who do not want to have their name on this
3 resolution can so do so by bringing their name
4 forward to the desk.
5 Thank you very much, Mr. President.
6 THE PRESIDENT: Senator Smith has
7 kindly opened the resolution honoring the
8 knighting of Dame Lois Browne-Evans by the
9 Queen of England to cosponsorship by all the
10 members of the body.
11 We will put all the members on the
12 resolution. And anyone who does not wish to
13 be on it can come up to the desk, and maybe
14 we'll have you knighted by the Queen.
15 Thank you, Senator Smith.
16 Senator Leibell.
17 SENATOR LEIBELL: Mr. President,
18 may we please have the noncontroversial
19 reading of the calendar.
20 THE PRESIDENT: The Secretary
21 will conduct the noncontroversial reading of
22 the calendar.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 200, by Senator Seward, Senate Print 2634, an
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1 act to amend the Penal Law.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the first of
6 November.
7 THE PRESIDENT: The Secretary
8 will call the roll.
9 (The Secretary called the roll.)
10 THE PRESIDENT: The Secretary
11 will announce the results.
12 THE SECRETARY: Ayes, 55. Nays,
13 1. Senator Duane recorded in the negative.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 209, by Senator Saland, Senate Print 1091A, an
18 act to amend the Vehicle and Traffic Law.
19 THE PRESIDENT: The Secretary
20 will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect nine months after it
23 shall have become a law.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 55. Nays,
2 1. Senator Duane recorded in the negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 525, by Senator Leibell, Senate Print 3647, an
7 act to --
8 SENATOR LEIBELL: Lay it aside
9 for the day.
10 THE PRESIDENT: The bill is laid
11 aside for the day.
12 THE SECRETARY: Calendar Number
13 548, by Senator Wright, Senate Print 3141, an
14 act in relation to authorizing and directing
15 the Office of Real Property Services.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 56.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 565, by Senator Maltese, Senate Print 4357, an
2 act to amend the Civil Service Law.
3 THE PRESIDENT: Read the last
4 section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the first of March
7 next succeeding.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 56.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 587, by Senator Bonacic, Senate Print 3968, an
15 act to amend the Private Housing Finance Law.
16 THE PRESIDENT: Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 56.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 589, by Senator Bonacic, Senate Print 4115, an
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1 act to amend the Private Housing Finance Law.
2 THE PRESIDENT: Last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 56.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 682, by Senator Nozzolio, Senate Print 4118B,
12 an act to amend the Correction Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 90th day.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 703, by Senator Seward, Senate Print 3964A, an
24 act to amend the Insurance Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 785, by Senator Wright, Senate Print 3984, an
11 act to amend the Public Service Law.
12 THE PRESIDENT: Last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 56.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 861, by Senator Hannon, Senate Print 4459, an
22 act to amend the Public Health Law.
23 THE PRESIDENT: Last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 56.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 956, by Senator Padavan, Senate Print 5246A,
8 an act to amend the Administrative Code of the
9 City of New York.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55. Nays,
17 1. Senator DeFrancisco recorded in the
18 negative.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 968, by Senator Hannon, Senate Print 4992, an
23 act to amend the Public Health Law.
24 THE PRESIDENT: Last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 981, by Senator LaValle, Senate Print 5328A,
9 an act to amend Chapter 61 of the Laws of 2006
10 relating to the Shoreham-Wading River Central
11 School District.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 987, by Senator Fuschillo, Senate Print 5047,
23 an act to amend the General Business Law and
24 the Correction Law.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the 90th day.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1043, by Senator Saland --
11 SENATOR DUANE: Lay it aside,
12 please.
13 THE PRESIDENT: The bill is laid
14 aside.
15 THE SECRETARY: Calendar Number
16 1080, by Senator Saland, Senate Print 5669, an
17 act to amend the Education Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 27. This
21 act shall take effect July 1, 2008.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1114, by Senator Maziarz, Senate Print 516, an
4 act to amend the Real Property Law.
5 THE PRESIDENT: Last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 56.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 1206, substituted earlier today by Member of
15 the Assembly Alessi, Assembly Print Number
16 8211, an act to amend the Environmental
17 Conservation Law.
18 THE PRESIDENT: Last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 56.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 1207, substituted earlier today by Member of
3 the Assembly Gunther, Assembly Print Number
4 8206, an act to amend the Environmental
5 Conservation Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1328, by Senator C. Kruger, Senate Print 4547,
17 an act to amend the Social Services Law.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1340, by Senator Hannon, Senate Print 5015, an
4 act to amend the Public Health Law and the
5 Vehicle and Traffic Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1341, by Senator Hannon, Senate Print 5429, an
17 act to amend the Public Health Law and the
18 Social Services Law.
19 THE PRESIDENT: Last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1397, by Senator Saland, Senate Print 5752, an
4 act to amend the Retirement and Social
5 Security Law.
6 THE PRESIDENT: Last section.
7 SENATOR LEIBELL: Lay it aside
8 for the day.
9 THE PRESIDENT: The bill is laid
10 aside for the day.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 1517, by Senator Stachowski, Senate Print
14 2127, an act to authorize the Town of Hamburg,
15 County of Erie.
16 THE PRESIDENT: There is a
17 home-rule message at the desk.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 56.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 1580, by Senator Lanza, Senate Print 4485, an
4 act to amend the Correction Law and the
5 Criminal Procedure Law.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1586, by Senator Wright, Senate Print 5762A,
17 an act in relation to making certain findings
18 and determinations.
19 THE PRESIDENT: There is a
20 home-rule message at the desk on this bill.
21 The Secretary will read the last
22 section.
23 THE SECRETARY: Section 5. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 THE PRESIDENT: The bill is
4 passed.
5 That completes the noncontroversial
6 reading of the calendar, Senator Leibell.
7 SENATOR LEIBELL: Thank you,
8 Mr. President. Now may we have the
9 controversial reading of the calendar.
10 THE PRESIDENT: The Secretary
11 will conduct the controversial reading of the
12 calendar.
13 Ring the bells so that the members
14 outside can come in and vote.
15 The Secretary will read.
16 THE SECRETARY: Calendar Number
17 1043, by Senator Saland, Senate Print 3740A,
18 an act to amend the Criminal Procedure Law.
19 SENATOR DUANE: Explanation.
20 THE PRESIDENT: Senator Saland,
21 an explanation has been requested by the
22 Acting Minority Leader, Senator Duane.
23 SENATOR SALAND: Thank you,
24 Mr. President.
25 Mr. President, this bill is a
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1 departmental bill at the request of the
2 Division of Criminal Justice Services, DCJS.
3 It is, however, similar in many if not most
4 respects to other similar bills that we have
5 had the opportunity to debate in this house
6 over the course of the past several years.
7 The purpose of this bill is to
8 afford the opportunity to someone who has been
9 the victim of a sex offense under Article 130
10 to make application to the court to have her
11 or his assailant be subjected to HIV testing.
12 We have in here a probable cause
13 standard which basically says there would have
14 to have been an indictment or a Superior Court
15 information. We provide -- and incidentally,
16 the current law only applies in those
17 instances in which there has been a conviction
18 that's already been obtained. That's been on
19 the books here probably for somewhere in the
20 area of a dozen years now.
21 The applicant would have the
22 ability to seek this relief within 48 hours
23 after indictment or the filing of the
24 information. And the applicant would have to
25 show, among other things, that she or he was
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1 in fact the victim of the offense and had been
2 offered pre-HIV test counseling as well as
3 post-HIV test counseling by a public health
4 officer.
5 Also the applicant would be advised
6 of the limitations on the information to be
7 obtained through the test as well as current
8 scientific assessments of the risks of
9 transmission of HIV from the exposure he or
10 she may have been experienced.
11 In addition, the application would
12 also show the need for the applicant to
13 undergo HIV-related testing to definitively
14 determine his or her HIV status.
15 This is a measure which complies
16 with current federal requirements under the
17 existing federal law. We have a measure that
18 is a same-as with a bill that's currently in
19 the Assembly, which Assemblywoman Mayersohn is
20 sponsoring and which is on third reading in
21 the Assembly.
22 The bill seeks to ensure
23 confidentiality by ensuring that the data or
24 the information that is received by way of
25 this application process is not available to
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1 anybody in any civil or criminal proceeding
2 and basically is an effort to empower a victim
3 with the ability to ensure that she or he, if
4 they so desire, has the ability with, in
5 effect, some informed counseling which will
6 have been received during the course of the
7 process as a prerequisite to the application,
8 to seek to have the court require this HIV
9 testing.
10 I came to this issue a number of
11 years ago primarily based on a couple of
12 reports I had seen; one was in a legal
13 periodical, the other was in a newspaper
14 account where defendants had refused to submit
15 to HIV testing and attempted to use their
16 refusal to secure a better plea deal.
17 And some folks may recall the
18 matter of a few years ago by now, perhaps, a
19 situation which received much attention in the
20 City of New York where I believe a taxicab
21 driver, a woman taxicab driver was the victim
22 of a sexual assault and very much wanted to
23 have the perpetrator tested and under the law
24 at that time was not able to do so because the
25 law only provided for such testing on
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1 conviction.
2 Thank you, Madam President.
3 ACTING PRESIDENT YOUNG: Thank
4 you, Senator Saland, for that explanation.
5 Senator Duane.
6 SENATOR DUANE: Thank you, Madam
7 President.
8 I believe there's an amendment at
9 the desk. And I ask that the reading of the
10 amendment be waived, and I ask to be heard on
11 the amendment.
12 ACTING PRESIDENT YOUNG: The
13 reading is waived, and you may be heard on the
14 amendment.
15 SENATOR DUANE: Thank you, Madam
16 President.
17 Let's first all agree that being
18 the victim of a sex crime is horrible.
19 Horrible. A time of awful mental anguish,
20 anxiety, physical pain. Unimaginably
21 horrible. Horrible. Horrible. I think
22 there's no doubt in anyone's mind here but
23 that that is the situation for a person who
24 has been the victim of a sex crime.
25 Also, I don't think that anyone
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1 would question that what the victim needs is
2 counseling, support. Answers, really; answers
3 to why such a horrible thing could have
4 happened to them.
5 But if we really care about the
6 victim of a sexual assault, the most important
7 thing that we can do for that victim is to
8 ensure that they immediately, immediately,
9 immediately get prophylactic treatment and
10 care for everything, all STDs, including HIV,
11 and all STDs. That is the most important
12 thing.
13 And the window is about two hours
14 to 36 hours. That's the window. That's when
15 the victim's health can be protected. That's
16 when the victim needs to get prophylactic
17 treatment. And that's what my amendment would
18 do.
19 My amendment would mandate that as
20 soon as the victim has contact with anyone in
21 law enforcement -- a police officer, a DA,
22 whoever it is -- that he or she be immediately
23 told that they are entitled and actually
24 encouraged to get full prophylactic treatment.
25 Because that is the thing that will protect
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1 them from being infected from anything.
2 Anything.
3 Two hours to 36 hours, that is the
4 most important time. And you know who should
5 pay for it? We should pay for it. No one
6 should have to worry about who is going to pay
7 for this prophylactic treatment that protects
8 them from any transmitted disease. Any
9 transmitted disease. Two hours to 36 hours,
10 you're in touch with the police officer, a DA,
11 immediately. You get free prophylactic
12 treatment and counseling. And counseling.
13 That's what my amendment would do.
14 Now, we're going to talk about
15 other parts of the bill after this amendment
16 passes. And I can't understand, if you
17 support victims, how you could not support
18 free prophylactic treatment. So after we
19 agree that we're going to take care of the
20 victim and pay for it and make sure that she's
21 all right, that she won't get any disease as a
22 result of that assault, then we can debate the
23 rest of the bill.
24 But for now, I urge you all in the
25 strongest possible terms that if we care about
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1 victims -- and I believe that we all do --
2 that we pass my amendment. That we pass my
3 amendment. Because no matter what you think
4 about the bill, this is the one thing that
5 will protect the victim physically and to
6 provide her with peace of mind.
7 So I urge you all to vote yes.
8 Thank you, Madam President.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator Duane.
11 Senator Adams, on the amendment.
12 SENATOR ADAMS: Yes, Madam
13 President. Would Senator Duane yield for a
14 question? Is that allowed?
15 ACTING PRESIDENT YOUNG: Senator
16 Saland, do you yield?
17 SENATOR SALAND: May I suggest,
18 Senator -- I'll be more than happy to -- that
19 we deal with the amendment. And then I'll be
20 more than happy to yield to any of your
21 questions.
22 SENATOR ADAMS: Okay. My
23 question --
24 SENATOR SALAND: Oh, your
25 question is of Senator Duane or --
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1 SENATOR ADAMS: Yes.
2 ACTING PRESIDENT YOUNG: Senator
3 Adams, you're talking on the amendment; right?
4 SENATOR ADAMS: Yes.
5 ACTING PRESIDENT YOUNG: Your
6 questioning is on the amendment; is that
7 correct?
8 SENATOR ADAMS: Yes.
9 SENATOR SALAND: And it's a
10 question of me or of Senator Duane?
11 SENATOR ADAMS: Senator Duane.
12 ACTING PRESIDENT YOUNG: Oh,
13 Senator Duane. I'm so sorry.
14 Senator Duane, do you yield?
15 SENATOR DUANE: Yes, Madam
16 President.
17 SENATOR ADAMS: Through you,
18 Madam President. Senator Duane, is there a
19 window that it is requested a victim receives
20 treatment?
21 SENATOR DUANE: Through you,
22 Madam President, yes. Within two to 36 hours,
23 but -- the treatment needs to be made
24 available. But at the moment of contact with
25 anyone in law enforcement, the law enforcement
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1 person is required, mandated, to tell the
2 victim that this prophylactic treatment is not
3 just available but that she should take them
4 up on it, and it will be free, there will be
5 no charge for the entire regime -- regimen,
6 excuse me, of the prophylactic treatment.
7 ACTING PRESIDENT YOUNG: Senator
8 Adams.
9 SENATOR ADAMS: Madam President,
10 will he continue to yield?
11 ACTING PRESIDENT YOUNG: Senator
12 Duane, do you yield still?
13 SENATOR DUANE: Yes, Madam
14 President.
15 SENATOR ADAMS: Of your
16 understanding, how much time passes before an
17 indictment is handed down?
18 SENATOR DUANE: Rarely -- through
19 you, Madam President. In the case of a sexual
20 assault, rarely before at least 10 days, and
21 sometimes much longer. Usually much longer.
22 ACTING PRESIDENT YOUNG: Senator
23 Adams.
24 SENATOR ADAMS: Madam President,
25 would he continue to yield?
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1 ACTING PRESIDENT YOUNG: Senator
2 Duane, do you continue to yield?
3 SENATOR DUANE: Yes, Madam
4 President.
5 ACTING PRESIDENT YOUNG: Thank
6 you.
7 SENATOR ADAMS: If I understand
8 you correctly, you're stating that the window
9 of taking the drugs is 36 hours. And if the
10 bill passes as it stands, then the individual
11 will wait possibly almost up to 10 days, when
12 the window that's recommended to take the
13 drugs has surpassed that.
14 SENATOR DUANE: Through you,
15 Madam President, the window for the best
16 result of the prophylactic treatment is
17 between two and 36 hours to begin that
18 prophylactic treatment. Although the first,
19 if you will, treatment is the most important.
20 Or the first treatments. But really the first
21 one, and then subsequent very important as
22 well.
23 But my amendment mandates that the
24 offer be made, the encouragement made. And of
25 course because there's the mandate for
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1 counseling, the counselor would also say, No
2 matter, you know, when we go in for you to be
3 examined for evidence surrounding the assault,
4 for healthcare emergency room treatment around
5 the assault, you will also be entitled and you
6 should take the prophylactic treatment.
7 Whether there's an indictment or
8 there isn't an indictment. It does not matter
9 with my amendment.
10 And my amendment also will warn the
11 victim, if you will, that no matter what the
12 result, if they find the perpetrator -- if and
13 when they find the perpetrator, if and when
14 they indict the perpetrator, if and when the
15 perpetrator is given an HIV test -- that will
16 in fact give no information to the victim of
17 use. And in fact, if they discuss it further,
18 will find out that that information could
19 indeed be detrimental for her safety and
20 long-term health.
21 But in the legislation which I'm
22 amending, no, there is no mandate for the law
23 enforcement officer -- DA, whoever -- to say
24 prophylactic treatment, it's free, you should
25 do it, here, talk to a counselor about it.
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1 SENATOR ADAMS: On the amendment,
2 Madam President.
3 ACTING PRESIDENT YOUNG: Thank
4 you, Senator Duane.
5 Senator Adams, on the amendment.
6 SENATOR ADAMS: I don't think any
7 crime probably devastates a family more than
8 experiencing a victim of a sex crime, a sexual
9 assault. And I believe in our desire to
10 ensure that justice is properly administered,
11 the first order of business is to ensure the
12 safety of the person involved.
13 And we often sometimes focus on the
14 victim being a woman. But there are many sick
15 individuals who prey on our male children as
16 well. And I think that we should support this
17 amendment, because it allows us to first deal
18 with the immediate need.
19 And from my understanding of what
20 Senator Duane stated, that the immediate need,
21 there's a window of opportunity. And that
22 window of opportunity can actually conflict
23 with the slow wheels of justice. If we wait
24 10 days prior to demanding law enforcement
25 officers give just some simple instructions to
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1 the victim, then we open the opportunity that
2 that victim can wait 10 days or five days or
3 six days, and they lose the first treatment.
4 So I don't think it's a conflict in
5 ensuring that a person is punished for
6 victimizing someone through a sex crime, I
7 think that we are ensuring that that victim is
8 protected, that victim receives the necessary
9 treatment.
10 Because after responding to so many
11 rapes and so many incidents where a person was
12 sexually assaulted, there's a level of
13 traumatization that settles in. And a victim
14 needs a soothing voice with clear direction.
15 And that's why one of the requirements that
16 many of the police agencies will have, that
17 when a victim is a victim of a sex crime, that
18 they will have either a female officer that's
19 present or they will have a female doctor in
20 the office, in the atmosphere, to allow the
21 person to get over that difficult period.
22 Instructions are important at that
23 time, very specific instructions, something
24 simple as not taking a shower right away so a
25 sexual kit can be prepared so we can collect
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1 DNA and be able to catch the person who
2 carried out such an act.
3 In order to make sure this is done
4 correctly, I think police departments should
5 and must be required to give very clear,
6 specific directions to a victim. This would
7 allow that victim to understand that there are
8 free services that are available not only with
9 the medical treatment but with the counseling.
10 I will be supporting this
11 amendment.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Adams.
14 Senator Saland.
15 SENATOR SALAND: Thank you, Madam
16 President.
17 Madam President, there has been
18 certainly at least one federal report dealing
19 with very subject that Senator Duane has
20 raised, the importance of prophylaxis as
21 contemporaneously as possible to this
22 absolutely horrid event that someone may be
23 victimized by. Certainly the two-hour number
24 they agree to.
25 This federal report by Health and
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1 Human Services uses an outside number of 72
2 hours, which is neither here nor there, but
3 differs from your 36.
4 But let me suggest to you that
5 perhaps one of the most underreported crimes
6 known to this state or any other state is rape
7 or sexual assault. And let me suggest to you
8 further that standard operating procedure when
9 a police officer is investigating, assuming
10 there is a police investigation, is to take
11 the victim to an emergency room.
12 And right now, by regulation, by
13 protocol, which was arrived at by
14 collaboration between the Health Department
15 and the AIDS Institute, anybody who is brought
16 into an emergency room on a sex offense is
17 going to get that prophylaxis, the PEP that
18 your amendment talks about.
19 So if it's unreported, nobody knows
20 unless the person goes to the emergency room.
21 And the person will be advised or counseled
22 about the importance of that immediate
23 prophylaxis.
24 If the police intervene and there
25 is a report and they take that person for the
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1 emergency room, that person, when they get to
2 the emergency room -- which assumedly will be
3 in a relatively short period of time, a matter
4 of, if not minutes, then a matter of hours --
5 will similarly be advised of the importance of
6 undergoing this prophylaxis.
7 There may be insurance coverage.
8 It may be covered by the Crime Victims
9 Compensation Board. The range of the cost of
10 the tests, depending upon the duration,
11 suggested to be 28 days.
12 And I must tell you, the federal
13 report is a little more equivocal than the
14 characterization provided by Senator Duane. I
15 mean, it certainly recommends it, but a little
16 more equivocally as to what the final outcome
17 may be in terms of receiving the treatment.
18 So there is a mechanism that's
19 already on board. And again, the AIDS
20 Institute and the Department of Health have
21 done this in a fashion that every emergency
22 room -- the likely point of entry for someone
23 who is proceeding with respect to a criminal
24 complaint or for someone who chooses not to
25 report and decides that they merely want to go
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1 to an emergency room and seek help -- that's
2 where they're going to find it.
3 If they don't do that within that
4 narrow window, whether it's 36 or 72 hours,
5 the issue that Senator Adams raised is
6 correct. You're not going to have an
7 indictment. You're not going to have a
8 Superior Court information within that period
9 of time.
10 So yes, there's a mechanism there.
11 There is a mechanism there. I thank Senator
12 Duane for borrowing from my 1067A, which is
13 not the subject that we're currently dealing
14 with, that particular provision was not
15 included, but the rest of the provisions are
16 substantially taken from that bill.
17 I certainly share his concerns, as
18 we all do, about victims and would certainly
19 hope that when this finally has concluded, we
20 will have advanced the cause of victims who
21 are horrendously and sometimes irreparably
22 traumatized by these types of heinous acts.
23 Lastly, not unlike posttraumatic
24 stress syndrome, we have recognized for a
25 number of years now -- the Court of Appeals
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1 did it probably back in the late '80s perhaps,
2 mid to late '80s, the idea that sometimes a
3 victim is so traumatized that they simply will
4 not report or they will fail to identify their
5 perpetrator, notwithstanding the fact that
6 they may see the perpetrator in a lineup, and
7 they're not ready to go there.
8 So is this a perfect solution? No.
9 Does this empower a victim? Yes.
10 Thank you, Madam President.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Saland.
13 Senator Schneiderman, on the
14 amendment.
15 SENATOR SCHNEIDERMAN: Thank you.
16 Through you, Madam President, would
17 Senator Duane yield for a question on the
18 amendment?
19 ACTING PRESIDENT YOUNG: Senator
20 Duane, do you yield?
21 SENATOR DUANE: Yes, Madam
22 President.
23 SENATOR SCHNEIDERMAN: Senator
24 Saland has raised some points about this
25 federal study that don't necessarily, in my
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1 view, argue against your amendment. But I was
2 wondering if in fact you are familiar with
3 this study and have any response to what
4 Senator Saland has now raised.
5 SENATOR DUANE: Through you,
6 Madam President.
7 ACTING PRESIDENT YOUNG: Senator
8 Duane.
9 SENATOR DUANE: Yes, I am
10 familiar with it. And in fact, I had
11 considered using 72 hours, but the -- in an
12 effort to just try to simplify -- and let me
13 just also say I'm also familiar with the
14 report from our New York State Department of
15 Health from several years ago -- or not
16 several, but a few years ago, which addresses
17 the protocol for HIV prophylaxis, which also
18 includes prophylaxis which also includes other
19 sexually transmitted diseases, in cases
20 including sexual assault. So I'm also very
21 familiar with that report.
22 But my intention, and what the
23 amendment does, is simplify everything, is
24 just to say that every victim, from the moment
25 of their first contact with law enforcement,
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1 is to be told that they are entitled to free
2 prophylaxis treatment and counseling. And I
3 would hope and believe that the counselor will
4 also encourage the victim to take that
5 treatment. And that it's free.
6 How long do you wait for your
7 insurance company to tell you whether you're
8 going to get payment for a treatment? How
9 many times do you have to appeal it? Many of
10 us have the same insurance carrier. I
11 practically spend more hours on filling out my
12 forms and appealing denied than I do on my
13 legislative activities.
14 So why would we make a victim do
15 that? Let's just pay for it. Let's just
16 assuage her fears that it's going to be
17 hundreds and maybe thousands of dollars.
18 Because it's not just the treatment between
19 those first hours, it's over the whole period
20 of taking the prophylaxis treatment. Right?
21 Which may be very expensive. Right? And who
22 knows what the reimbursement is for that?
23 Right?
24 You know what? I take HIV drugs.
25 I pay out-of-pocket. My insurance company
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1 doesn't pay for all of it. And it's a lot of
2 money. I have a health savings thing, so I
3 put some of my money in so I don't have to pay
4 taxes on that, and it goes towards my drugs.
5 Why would you put a victim through
6 that? Let's pay for it. A horrible thing has
7 already happened to her; right? Why would we
8 threaten her with having to spend hundreds,
9 maybe even thousands of dollars? Let's just
10 pay for it. So if you really believe that we
11 should be helping victims, let's pay for the
12 treatment.
13 I'd be glad if the sponsor wanted
14 to take the bill away today. I'll negotiate
15 it out so that we can put this in. Although
16 frankly I think this stands on its own no
17 matter what happens with the bill, which of
18 course I'm opposed to. And I'll explain to
19 you why.
20 He withdraws the bill, I'll
21 withdraw the amendment, I'll put in this as
22 its own -- well, it is a freestanding bill,
23 and we'll pass it. I don't even care if my
24 name is on the bill. I just want to protect
25 the victim.
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1 And I don't want the victim to have
2 to pay for the treatment or to worry about
3 whether the treatment is going to get paid
4 for. And you know what? If the government
5 wants to go to the insurance company and try
6 to get some money reimbursement, fine. Great.
7 But I don't want the victim to have to do
8 that.
9 ACTING PRESIDENT YOUNG: Senator
10 Schneiderman.
11 SENATOR SCHNEIDERMAN: I'd like
12 to thank Senator Duane for his answer and
13 speak on the amendment, Madam President.
14 ACTING PRESIDENT YOUNG: On the
15 amendment.
16 SENATOR SCHNEIDERMAN: I think
17 that we've finally had something of a
18 breakthrough here in terms of this debate.
19 And I've been around for the debate on this
20 bill for quite some time.
21 I think that Senator Duane's
22 amendment not only demonstrates what we should
23 do, which is to immediately have every victim
24 of sexual assault take the appropriate
25 prophylactic treatment immediately, to make
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1 sure that there's no delay for someone who's
2 not sure if they want to pay or not, to make
3 it available and to make counseling available
4 immediately.
5 But it also shows us, quite
6 frankly, the deficiencies in the underlying
7 bill. And we're going to debate the bill
8 later. But ladies and gentlemen, anyone who
9 supports helping victims of sexual assault
10 avoid sexually transmitted diseases, you must
11 support this amendment.
12 The underlying bill, quite
13 honestly, looks ludicrous in comparison to
14 what Senator Duane is proposing -- that we're
15 going to wait for an indictment, then the
16 defendant, through their counsel, in writing,
17 has to request to the judge who then has to
18 rule on an application to test someone. Does
19 anyone here in their right mind think that's
20 going to happen within 72 hours?
21 Let's do what helps victims. Let's
22 pass this amendment. In fact, let's get rid
23 of the underlying bill and let's make this
24 amendment the legislation we move forward in
25 this house. I urge everyone to vote yes.
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1 Thank you, Madam President.
2 ACTING PRESIDENT YOUNG: Thank
3 you, Senator Schneiderman.
4 Senator Diaz, you had previously
5 said you wanted to speak. You don't want to
6 now?
7 SENATOR DIAZ: No.
8 ACTING PRESIDENT YOUNG: Senator
9 Saland.
10 SENATOR SALAND: Thank you, Madam
11 President.
12 Madam President, the other bill
13 that I had made reference to a bit earlier is
14 a bill which provided that the payment for
15 this type of prophylaxis would be paid for by
16 the state, notwithstanding that there were a
17 number of people on the other side of the
18 aisle, including the sponsor of the amendment,
19 who voted against the bill.
20 I would welcome -- I would welcome
21 the Division of Criminal Justice Services
22 providing an appropriation with this bill.
23 And I would very strongly suggest that you
24 take every step to speak with the Governor,
25 the Division of Criminal Justice Services --
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1 this is a departmental bill -- to get them to
2 provide an appropriation, and we do a chapter
3 amendment and provide that funding.
4 Certainly there's no reason why
5 anybody would not want to do that. And as I
6 said, this house has already provided for
7 payment in a prior iteration of this bill.
8 Thank you.
9 ACTING PRESIDENT YOUNG: Thank
10 you, Senator Saland.
11 Senator Adams, on the amendment.
12 SENATOR ADAMS: Yes, Madam
13 President. I just wanted to discuss something
14 that the sponsor of the bill stated, that
15 currently we have protocols in place.
16 And just in the real universe of
17 policing, protocols, they break down often
18 when you have those informal arrangements and
19 informal agreements. And what happens in many
20 of these cases involving sexual assaults, the
21 victim of that crime will come in, sometimes
22 they don't want to tell who the person is who
23 sexually assaulted them -- because in many
24 cases the person is known.
25 And if the police officer at the
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1 time of preparing the report will also
2 instruct that person about counseling, about
3 medical treatment, that would take us a long
4 way. Because often not only does it take a
5 while before an indictment is handed down, but
6 in many cases it takes a while before a victim
7 actually acknowledges who is the person that
8 victimized them in the first place.
9 And there are so many parameters
10 that are in place that a victim is leery about
11 moving ahead in the process. They may believe
12 that the medical treatment is too costly.
13 They may believe that nothing could be done
14 and the person will never be caught. And, you
15 know, they were already victimized and no one
16 really cares.
17 So by allowing the police
18 department not only to deal with the protocol
19 or to deal with the informal arrangement but
20 to have it as a law, that they are required to
21 give the victim those simple instructions, I
22 think it takes us a long way. And I believe
23 that it's in target of what we want to do to
24 make sure that victim receives the treatment
25 that is necessary.
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1 Thank you, Madam President.
2 ACTING PRESIDENT YOUNG: Thank
3 you, Senator Adams.
4 Senator Savino.
5 SENATOR SAVINO: Madam President,
6 on the amendment.
7 In the relatively short period I've
8 been a member of the State Senate, we've made
9 some great strides in protecting women,
10 particularly women victims of sexual assault.
11 Just last year we eliminated the statute of
12 limitations on first-degree rape and sodomy.
13 We closed the incest loophole. We were able
14 to pass legislation that enacted civil
15 confinement to protect past victims and future
16 victims.
17 But this is an opportunity right
18 now, if we pass this amendment, to provide
19 immediate protection to victims before they're
20 able to name their accuser, before that person
21 is found, before that person is indicted.
22 This would be a simple way of providing
23 women -- particularly women, but also men and
24 small children -- with some immediate justice,
25 that they can get the treatment they need so
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1 that they are not exposed to either a
2 life-threatening illness or a sexually
3 transmitted disease.
4 We can do that right now if we pass
5 this amendment and we pay for this treatment.
6 We don't have to wait for the person to come
7 forward after they've been traumatized.
8 As we know, as Senator Adams has
9 pointed out and many of us who have worked in
10 law enforcement know, sometimes people can't
11 come forward right away. But for those who
12 can, who have the courage to come in, to seek
13 treatment, we should provide them immediate
14 access, free access to the prophylaxis
15 treatment that they need. We can do that.
16 And I support this amendment.
17 Thank you.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator Savino.
20 Senator Krueger, on the amendment.
21 SENATOR LIZ KRUEGER: Thank you,
22 Madam President.
23 Well, I also want to thank Senator
24 Duane for the amendment. It's so obvious that
25 we need to make sure that the victims of
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1 sexual assault get the prophylactic drugs that
2 they need ASAP and that they need not to pay
3 for them.
4 And of course if we were really
5 having a serious discussion about what we need
6 to do for victims of sexual assault, we'd also
7 be talking about all the underfunding for
8 counseling, for emergency room services, for
9 training of police officers in forensic
10 investigation and counseling of victims of
11 sexual assault.
12 But I do have a question for
13 Senator Duane on his amendment, if he would
14 allow me to do so.
15 ACTING PRESIDENT YOUNG: Senator
16 Krueger, I do want to remind you that there's
17 a half-hour allotment for amendments, so we
18 are getting very close or over the half-hour
19 time. So if you could make it brief, that
20 would be appreciated.
21 SENATOR LIZ KRUEGER: Very
22 briefly, then. Thank you.
23 ACTING PRESIDENT YOUNG: Senator
24 Duane, if you also could be brief.
25 SENATOR LIZ KRUEGER: Thank you.
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1 Senator Duane, absent your
2 amendment, which is new, why have you voted
3 against this bill in the past?
4 SENATOR DUANE: Through you,
5 Madam President. Because that legislation
6 was, again, alleged-perpetrator-testing
7 driven. And there are other flaws. It's an
8 A print. It was flawed in other ways. It
9 wasn't a good bill.
10 Thank you, Madam President.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Duane.
13 Senator Volker, did you wish to
14 speak on the amendment?
15 SENATOR VOLKER: Madam President,
16 I just wanted to remind my good friend in
17 front of me here, Senator Duane, the nurses
18 asked me to -- they were going to come down
19 here for just a couple of minutes, because
20 they were afraid you might have a heart
21 attack. They just advised me that you should
22 probably quiet down just a little bit, because
23 they were very concerned about you. I just
24 want to tell you.
25 But they were watching on the TV,
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1 and they said, "Senator Volker, would you just
2 tell Senator Duane to take it easy?" I said,
3 "Okay, I will go there and I will tell him."
4 I just wanted to tell you that, okay? For the
5 good of the order.
6 Thank you.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Volker.
9 On the amendment, those Senators in
10 agreement please signify by raising your
11 hands.
12 THE SECRETARY: Those recorded in
13 agreement are Senators Adams, Breslin, Diaz,
14 Dilan, Duane, Gonzalez, Hassell-Thompson,
15 Huntley, C. Johnson, Klein, L. Krueger,
16 Montgomery, Onorato, Oppenheimer, Perkins,
17 Sabini, Savino, Schneiderman, Smith,
18 Stachowski, Stavisky, Stewart-Cousins,
19 Thompson and Valesky.
20 ACTING PRESIDENT YOUNG: The
21 amendment is not agreed to.
22 Any other Senator wishing to be
23 heard on the bill?
24 Senator Duane.
25 SENATOR DUANE: Thank you, Madam
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1 President. On the bill, Madam President.
2 ACTING PRESIDENT YOUNG: On the
3 bill.
4 SENATOR DUANE: You know, this is
5 my ninth year here in the State Senate. And
6 I'm -- you know, oftentimes behind anger
7 there's sadness. And that's how I -- that's
8 where I am now, Madam President.
9 You know, it used to be that -- and
10 it still may be that I would have to -- and I
11 don't want to upset the sergeants or my
12 colleagues -- I'd go to my desk drawer,
13 because this isn't my desk, but I think under
14 the rules I'm allowed to go to my desk. I
15 want to pull out something which I have which
16 I've read on the floor many times.
17 ACTING PRESIDENT YOUNG: Senator
18 Duane, I want to remind you that props are not
19 allowed.
20 SENATOR DUANE: I'm sorry, Madam
21 President?
22 ACTING PRESIDENT YOUNG: Are you
23 using props? Is that what you're doing?
24 SENATOR DUANE: No, Madam
25 President, I'm not pulling out the New York
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1 Post or anything like that.
2 I'm pulling out the guidelines from
3 the New York State Department of Health, AIDS
4 Institute. I'm not going to read them.
5 Although I have to say that still there is a
6 lack of understanding among my colleagues on
7 how it is that HIV is spread and how it's not
8 spread.
9 And, I mean, I'm torn because I
10 really believe that the only reason that --
11 and I'm not going to talk about this house or
12 the other house or the Executive -- but in
13 this house, that if people really understood
14 how HIV is transmitted and what it is that we
15 do to treat people who are HIV-infected or at
16 risk of being HIV-infected -- it's
17 interesting, Senator Saland raised the issue
18 of a taxicab driver who was sexually
19 assaulted. Which is terrible. Terrible.
20 But one of the reasons that I had
21 to read how it was that HIV is transmitted is
22 because some of you thought you could get it
23 by casual contact in the course of just a
24 regular job where there was no risk of
25 exposure by blood saliva or sharing needles or
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1 breast-feeding or anal intercourse or vaginal
2 intercourse. Right? Remember? And so if you
3 really understood, we wouldn't be talking
4 about this bill.
5 Testing. Testing someone tells the
6 victim nothing. Nothing. Nothing. In
7 fact -- in fact, it may be harmful. In fact,
8 you might tell a victim, Negative, came up
9 negative, it's the wrong person. And she
10 stops taking the prophylactic drugs. Why
11 would we do that?
12 Positive tells nothing. Doesn't
13 say whether she became positive, especially
14 not if she takes prophylactics right away.
15 And it may be the wrong person. Forget about
16 the defendant. Forget about that person.
17 Yeah, I don't think you should be just testing
18 people, because that's wrong. But forget
19 about that. I'm not even arguing on that.
20 I'm arguing on what is most helpful
21 to the victim. And testing an alleged
22 perpetrator -- or the actual perpetrator, for
23 that matter -- is not helpful. Not helpful.
24 Maybe it sounds good. But that's because you
25 don't know how it's spread.
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1 If we are helping the victim, this
2 bill is a mirage. A mirage. You can keep
3 grasping at it, right, but it doesn't give you
4 what you need. Does not give you what you
5 need. Looks good to a thirsty person; right?
6 A mirage of a stream, a lake, looks good, but
7 it's not going to help you. This bill is not
8 going to help victims.
9 Forget about the AIDS groups,
10 forget what they say. Right? Forget that.
11 What about the groups who deal with women who
12 are sexually assaulted? They're against it
13 because they know it is unhelpful and in fact
14 might be harmful. I don't know -- I mean, I
15 don't know what else -- how else I could
16 convince you, except on the merits.
17 Vote no. Vote no. You want to
18 help victims? Vote no. You want to make sure
19 people don't misunderstand about HIV
20 transmission, let alone the criminal justice
21 system? Vote no. Well, forget about that.
22 Forget that. Forget that. You want to help
23 victims; right? Vote no. Vote no. Help the
24 victims, vote no.
25 Thank you, Madam President.
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1 ACTING PRESIDENT YOUNG: Thank
2 you, Senator Duane.
3 Senator Maltese.
4 SENATOR MALTESE: Madam
5 President, while I respect very much the
6 concern of my good colleague and the passion
7 and the intensity of his remarks, I have
8 consulted with Senator Saland, and I believe
9 he's entitled to a great deal of credit for
10 his legislation.
11 I have further spoken to
12 Assemblywoman Nettie Mayersohn, whose courage
13 and bravery in this general area is very
14 notable and has been recognized in the past.
15 The fact of the matter is that this
16 empowers the victim, gives a choice to the
17 victim. If the perpetrator or the alleged
18 perpetrator tests negative, she is advised is
19 that she could consult with her physician.
20 And she ultimately has the choice as to
21 whether she continues treatment.
22 Madam President, I vote aye.
23 ACTING PRESIDENT YOUNG: Thank
24 you, Senator Maltese.
25 Senator Hassell-Thompson.
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1 SENATOR HASSELL-THOMPSON: Thank
2 you, Madam President.
3 Senator Duane talked about being
4 here for nine years. I've been here for seven
5 of those nine. And each time we have had a
6 discussion about how do we deal with the
7 issues involving persons who are or
8 potentially are infected or affected by HIV,
9 we always come to this impasse.
10 And I am positive -- not
11 HIV-positive, but I'm positive that there
12 cannot be the level of -- I want to avoid the
13 word "ignorance" -- but there cannot be the
14 level of uninformed participants on that side
15 of the aisle that you pretend that there is.
16 Even if you have never had any experience, you
17 must have read some of the literature. You
18 had to have had advocates come and talk with
19 you.
20 And while I have an appreciation
21 for the fact that we're trying to be eligible
22 for more federal funding, which is really at
23 the heart of this whole thing, this is not the
24 answer.
25 Prior to coming to the State
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1 Senate, I was a nurse working with patients
2 with HIV and AIDS and, over a period of 25
3 years, had worked with persons who were
4 addicted to drugs. And many of those people,
5 at the end of their lives and at that phase of
6 my career, had developed HIV and AIDS.
7 But as Senator Duane continues to
8 say over and over and over again, each one of
9 them, were they here, would tell you that they
10 did not get HIV by riding in the back of a cab
11 or by -- the cab driver would not have become
12 infected because they were riding in the cab.
13 But yet we've had bills that have come asking
14 us to give benefits to people who drive cabs.
15 It becomes important that we
16 understand, from a health departmental -- you
17 know, this perspective, and as legislators --
18 and we don't have to understand all the
19 nuances. But the nuance that we do have to
20 understand is that we have an obligation to be
21 sure that we are well-informed and that the
22 legislation that we put forth demonstrates
23 that kind of knowledge.
24 You cannot believe that under those
25 circumstances, if you've heard anything,
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1 believe anything, you cannot believe that this
2 bill will do what you say it will do.
3 And the thing that we fail to do
4 when we pass legislation of this type is that
5 we fail to protect the people who are
6 victimized. Because that's who we commit to
7 protect. That's who we say we commit to
8 protect. This will not do anything for
9 victims.
10 We didn't pass the amendment. And
11 that makes me even sadder than it makes you,
12 Tom. Because there's intelligence -- whether
13 the bill is a good bill or not, there's an
14 intelligence that we fail and a sensitivity
15 that we fail to have when we look at how we
16 pass legislation in this place. Particularly
17 in this house. I don't take responsibility
18 for what happens in the Assembly. I take
19 responsibility for how we behave here.
20 And if we continue to pass a bill
21 year after year, wouldn't you think that that
22 meant that there was something flawed about
23 the way in which we expect other people to
24 respond to what we do in this house?
25 I will vote no on this bill, I will
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1 continue to vote no, because it speaks to an
2 arrogance that we have that we are not getting
3 down to the basic level of humanity that we
4 need to understand what we are doing.
5 And as much as I know we need
6 federal funds and as much as I want us to be
7 eligible for any funds that come into this
8 state and that support this state, that's the
9 last reason that we should be using as a
10 rationale for why we do what we do.
11 There are women, particularly --
12 most specifically women -- who are victims
13 every day of rape. And if we really are in
14 tune to what is happening out there on our
15 streets and to the people in our districts, we
16 would have passed this amendment. But we
17 certainly would put this bill on the side,
18 take a look at the kinds of things that are
19 missing in it, and bring back a bill that
20 better reflects an understanding of who people
21 are where we find them, and not who we think
22 they ought to be based on some formula that is
23 meaningless when you've become a victim.
24 Thank you, Madam President.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator Hassell-Thompson.
2 Senator Krueger.
3 SENATOR LIZ KRUEGER: Thank you,
4 Madam President.
5 Well, Senator Hassell-Thompson is
6 right, we've debated this bill every year I
7 think since I've been here, for five years.
8 And just to disagree slightly with
9 my colleague, if this bill just did nothing
10 for survivors, maybe I should chalk it off to
11 any number of bills that passed this house
12 where I think it's not going to do anything.
13 But I would argue this bill is bad for
14 survivors of sexual assault.
15 And it's not my opinion, it's
16 healthcare professionals' opinions it's the
17 opinion of the New York State Coalition
18 Against Domestic Violence and the New York
19 State Coalition Against Sexual Assault,
20 organizations who work every day with people
21 who are in fact the victims of sexual assault
22 and who will tell us, straight up, that when
23 you are the victim of sexual assault, you're
24 often in shock. You have been traumatized
25 physically and psychologically, brutally.
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1 You walk into an emergency room --
2 hopefully, you walk into an emergency room.
3 Hopefully you get the right kind of services
4 and counseling. Hopefully the police have
5 been trained to handle your case correctly.
6 And then you are confronted by someone saying
7 you need to start prophylactic drug treatment
8 immediately and you need to keep taking those
9 drugs for 28 days.
10 And that is the right
11 medical-science advice that you should do
12 that. But again, you've been traumatized and
13 you want to put this all behind you. And you
14 want to be in denial, perhaps. Or you just
15 are angry and you don't want to have to deal
16 with yet another problem to take drugs for
17 28 days -- which, as Senator Duane already
18 pointed out, you might end up having to pay
19 for.
20 And so if this bill gives you some
21 false hope that some tests can be done on
22 someone accused of being your rapist who might
23 or might not have been your rapist, with a
24 possible positive or negative outcome to the
25 test that can be accurate or false, and you
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1 see and hear that information and you think,
2 Okay, one less issue to deal with, I don't
3 have to take those drugs, I don't have to take
4 the full course for 28 days, I have escaped
5 that problem for myself -- that is the worst
6 thing that the victim of sexual assault could
7 do, to make that decision.
8 And every medical professional will
9 tell us that that would be the worst decision
10 for a victim of sexual assault to make, to not
11 take the drugs or to stop the course of
12 treatment before completion. Because the data
13 shows that while it's not a guarantee, if you
14 take the prophylactic drugs, that you will not
15 end up with a sexually transmitted disease,
16 HIV or other, that your chances of ending up
17 with that disease are much, much lower if you
18 complete the course of the prophylactic drug
19 treatment.
20 So this bill can do serious harm
21 and, frankly, double abuse a population of
22 victims of sexual assault who have already
23 been so abused and mistreated.
24 And so I have to vote no for this
25 bill. And I have to urge my colleagues to
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1 stop making arguments that can do further harm
2 to people in the state who unfortunately, no
3 matter how hard we try, we have yet to come up
4 with the magic pill that prevents anyone from
5 ever being sexually assaulted. But we can use
6 good medicine and good science and good facts
7 and not doubly harm them through a piece of
8 legislation that would lead them to believe
9 that maybe they are the one who doesn't have
10 to take those drugs.
11 I vote no. Thank you, Madam
12 President.
13 ACTING PRESIDENT YOUNG: Thank
14 you, Senator Krueger.
15 Senator Diaz, you're next.
16 SENATOR DIAZ: Thank you, Madam
17 President.
18 You know, sometimes I decide if I
19 should speak or not, because I tend to say
20 whatever is in my heart. And that sometimes
21 makes people angry.
22 And many times I disagree with
23 Senator Duane. Other times, I might agree
24 with him. Today I agree with him and I also
25 disagree with him. I want to tell you first
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1 why I disagree with him.
2 I disagree with him today because I
3 come from the hood. I'm from the hood. I
4 grew up in the street. I was orphaned when I
5 was nine years old. And in the hood I learned
6 that to be a bully, you just raise the voice.
7 And that might be an intimidation tactic.
8 If I didn't know Tom Duane, his
9 fight, his struggle, I would say today he's
10 using intimidating tactics, the way he puts
11 the passion that he put. So I would say that
12 because I come from the hood, to me it doesn't
13 work, that kind of intimidating tactic.
14 Because in the hood they say, you raise your
15 voice, I will raise it more. You point your
16 finger, I will point it back. That's the
17 hood.
18 But I know Tom Duane. And I know
19 his struggle. And I know why he becomes that
20 passionate. So I would say that that is not
21 an intimidating tactic, even though I come
22 from the hood.
23 You understand what I'm saying?
24 Sometimes you raise your voice and you think,
25 people, ooh. Doesn't work on me. But Tom
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1 Duane wasn't doing that. Because he has been
2 struggling.
3 Now, what is it that I agree with
4 him? I agree with him because I also -- this
5 is my fourth year here. And I'm praying --
6 I'm a pastor. I'm a minister. I'm a
7 preacher. And I'm praying for the day when
8 both sides, Republican and Democratic sides,
9 we agree to help, really, the community, to
10 help, really help the people.
11 There are occasions where that
12 side -- many occasions where that side, the
13 Republican side, submits good bills, good
14 bills, bills this would benefit our community.
15 And because it is a Republican bill, this side
16 goes against the bill. There are other
17 occasions where this side, the Democratic
18 side, submits some bill that's good for the
19 community, good for the people, and because
20 this is the Democratic side, that side doesn't
21 support it.
22 And today Senator Tom Duane has
23 submitted one of those magnificent, beautiful,
24 wanted, needed amendments to help the
25 community, to help a woman that has been
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1 raped.
2 You all know me, I am against the
3 morning-after pill and I'm against the Plan B.
4 But when a woman gets raped, to get free
5 services, to get free medical attention, and
6 to take all -- to get all of the things that
7 this amendment that Senator Duane proposes for
8 the woman, that is a godsend. And I agree on
9 that.
10 And today are one of those days
11 where we are -- where we have lost, we have
12 missed the opportunity to do something very
13 good. Because it is a Democratic amendment,
14 submitted by a Democratic Senator, that side
15 decided not to support it. And that's what
16 I'm praying for. I'm praying for the day when
17 we all come together and it doesn't matter if
18 it's Democrat, it doesn't matter if it's a
19 Republican bill, let's support it when
20 something is good that benefits the community.
21 What's best for a woman that has
22 been raped, to get free services, free
23 attention, free medication, and do all these
24 things. What's best for the woman, not only
25 for a black woman, not only for Hispanic, for
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1 everybody in the state. That's why I'm saying
2 we lost a good opportunity today to support
3 something good.
4 I'm not always supporting Tom
5 Duane. I'm not always supporting what he
6 proposes. Today I am so sad that we missed a
7 good opportunity to support a good bill.
8 Senator Duane, I don't know if you could put
9 that in a legislation, in a bill, and try to
10 pass it as a bill, but that was a good thing.
11 So, Madam President, I am voting
12 yes on the bill and I voted yes in the -- on
13 Tom Duane's amendment. So I'm voting yes on
14 both. Thank you.
15 ACTING PRESIDENT YOUNG: Thank
16 you, Senator Diaz.
17 Senator Schneiderman, on the bill.
18 SENATOR SCHNEIDERMAN: Thank you,
19 Madam President. Very briefly.
20 I think the debate on this issue is
21 changing. And I would urge my colleagues on
22 the other side of the aisle to take a look at
23 the statements submitted to us by the groups
24 that deal with sexual assault every day, that
25 are people who spend their lives working to
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1 help the victims of sexual assault, who oppose
2 this bill.
3 This is not just a benign bill.
4 This is not just a neutral bill. Ladies and
5 gentlemen, you are passing a bill that will
6 hurt some victims -- not all, perhaps, but
7 some. And this bill I think comes into the
8 category of willful ignorance. This is
9 against science. This is against health
10 policy.
11 Once again, every lawyer in this
12 room knows that the provisions of this bill
13 provide no relief of any meaningful kind for
14 any victim of sexual assault. The notion that
15 someone who is traumatized by a sexual assault
16 then must submit a request in writing, after
17 having waited for an indictment, and then
18 notice has to be given to the defendant, the
19 defendant has an opportunity to respond, that
20 this will do anything positive for a victim --
21 it won't.
22 What it will do, it provides the
23 possibility that a victim may wrongfully seize
24 on this as a false hope. This is the "false
25 hope for victims of sexual assault bill." You
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1 want to vote for that? You want to give
2 people false hope?
3 How many people are you going to
4 hurt with this bill if it became law? How
5 many people will delay taking the treatment we
6 know they need immediately with the false hope
7 that, Oh, maybe I don't have to go through all
8 that, maybe I don't have to pay for it because
9 perhaps the victim will test negative. How
10 many people will be hurt because the victim
11 tests negative but that victim is in the
12 window period?
13 HIV tests do not test for the
14 virus, it tests for the antibodies the body
15 produces. And there are people who have HIV
16 but haven't started to produce the antibodies
17 yet, and that group are the people in which
18 the virus is the most virulent.
19 How many victims are going to get
20 HIV because of this bill? I don't know. But
21 even one is too many.
22 This is a bad bill. This is not a
23 benign bill. This gives false hope. It is
24 against science. It is against public health
25 policy. It is opposed by the people who are
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1 working every day to help the victims of
2 sexual assault.
3 I think you should withdraw this
4 bill, and I say this knowing that the sponsor
5 is someone who believes in education, who
6 believes in science, who believes in good
7 public health policy. It tells you nothing to
8 wait this long and get a test, but this holds
9 out the hope for a traumatized victim: maybe
10 you can avoid the treatment, maybe you can
11 avoid dealing with the fact that you might
12 have HIV.
13 Some victim is going to get HIV if
14 you pass this bill and it becomes law, and
15 it's our fault.
16 I urge everyone to vote no.
17 ACTING PRESIDENT YOUNG: Thank
18 you, Senator Schneiderman.
19 Any other Senator wish to be heard?
20 Senator Stavisky.
21 SENATOR STAVISKY: Let me just
22 comment very briefly on the bill.
23 I commend Senator Duane for his
24 amendment, and I truly hope that someday we
25 will be smart enough to enact such a measure.
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1 What bothers me listening to the
2 debate here today is the stigma of the
3 terrible AIDS and HIV crisis that we have. I
4 believe we have more people suffering from
5 HIV/AIDS in New York City, somewhere in the
6 neighborhood of a hundred thousand people,
7 than anywhere else the country.
8 And yet it should be treated, as
9 far as I believe, like any other disease.
10 It's a disease, period. It's a disease that
11 we've got to prevent and we've got to treat.
12 I too voted for Senator Duane's
13 amendment, and I commend him for the
14 amendment. And I truly wish that were the
15 choice we had today. But that's not it.
16 Unfortunately, we have a choice to make here,
17 and I'm going to vote for the bill.
18 And I commend Assemblywoman Nettie
19 Mayersohn, with whom I share a district, for
20 the work that she has done over the years, to
21 work this -- and, believe it or not, Tom, the
22 same concern for victims. Because they're my
23 concern also, the victims of abuse as well as
24 the victims of every dreaded disease.
25 Thank you, Madam President.
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1 ACTING PRESIDENT YOUNG: Thank
2 you, Senator Stavisky.
3 Senator Montgomery.
4 SENATOR MONTGOMERY: Yes, Madam
5 President. I rise to speak on the
6 legislation.
7 This obviously, HIV testing and
8 AIDS and HIV infection, people affected with
9 this disease are really -- this is really the
10 major health issue in my district, parts of my
11 district in certain communities. And HIV
12 testing is extremely important. It's an issue
13 that we talk about all the time.
14 We've tried to get ministers in our
15 churches to become involved in the issue,
16 urging people to be tested. We've tried to
17 talk to our communities about the fact that we
18 should not view AIDS testing as a stigmatized
19 process.
20 I have personally offered, along
21 with my city councilwoman, along with other
22 women's organizations, to go ourselves,
23 deliberately, publicly to be tested so as to
24 encourage other people to be tested, to use
25 ourselves as an example. And so this is
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1 really a very serious issue.
2 But what this legislation does
3 unfortunately is connects testing with a
4 criminal act. And this is very unfortunate,
5 because it sets us back in our effort to
6 destigmatize this process. It is a normal
7 health exam that people should receive -- not
8 because they've committed a crime, but because
9 we want to intercede and to prevent, to
10 provide early intervention with this disease.
11 So I'm very saddened that we have
12 used this legislation to in fact hinder the
13 progress that we've made in the area of HIV
14 testing and AIDS prevention.
15 Now, I note in this bill -- and
16 maybe I'm misreading it, but it says, on
17 page 2, line 4: "Any request made by the
18 victim pursuant to this section must be in
19 writing, filed with the court, within six
20 months of the date of the crimes charged."
21 So the way that I understand this
22 is that in order for us to require this test,
23 you know, you wait six months, you have to do
24 it in writing, you present it to the accused
25 person. And if the accused person, you can't
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1 find them, you submit it to the lawyer, the
2 attorney or whatever.
3 So I'm not sure what this is trying
4 to do. I'm not sure who this is trying to
5 help. And I certainly know that if this is
6 the bill that gets publicized and people see
7 in the paper where this process, this HIV
8 testing is associated with a criminal act,
9 it's going to set our progress back in terms
10 of trying to get people to feel good about
11 being tested.
12 So I must oppose this, because it
13 goes against everything that we've tried to do
14 in communities that most need universal HIV
15 testing, access to it, and treatment. So I
16 will oppose this legislation, Madam President.
17 Thank you.
18 ACTING PRESIDENT YOUNG: Thank
19 you, Senator Montgomery.
20 Any Senator wishing to be heard?
21 Then Senator Saland, to close.
22 SENATOR SALAND: Thank you, Madam
23 President.
24 Madam President, I've certainly
25 listened intently to the debate, including the
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1 debate which we engaged in on the amendment.
2 I heard lots of things that have been said,
3 certainly some of them very passionately and
4 certainly reflecting deep-seated beliefs.
5 Let me suggest to you that I've
6 been here longer than five years, longer than
7 seven years, longer than nine years. I've
8 been here for some 27 years. And during that
9 time there's been one continuous thread
10 through all the legislation that I have dealt
11 with, both in this house and when I served
12 previously in the Assembly, and it was a
13 constant concern for the rights of victims,
14 whether they be women, whether they be
15 children. It probably reflects the fact that
16 when I was practicing as a lawyer I had the
17 misfortune of having to handle child abuse
18 cases, on occasion, for my county.
19 Some of the characterization of
20 this bill certainly I find to be -- I'll give
21 it credit for being earnest, but I certainly
22 would respectfully disagree with the logic.
23 Passion doesn't necessarily replace logic.
24 Probably about an hour and a half
25 ago I went through an explanation of this
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1 bill, at which time I believe I pointed out
2 that this is about giving people the
3 opportunity to make choices, intelligent
4 choices. This is about not ignoring a victim
5 who has been subjected to the most heinous and
6 vile of acts, who has a desire, rightfully or
7 wrongfully -- some of you believe
8 wrongfully -- to have his or her, and almost
9 invariably her, assailant tested.
10 I would just like to call your
11 attention, this is about choice. This is --
12 much of what I heard basically went to the
13 issue of the intellectual capacity, the
14 intelligence quotient, of people who are
15 victims. That somehow or other these were
16 mindless people who could easily be deluded or
17 deceived into believing that they were going
18 to be placed at greater risk by taking
19 advantage of the provisions of this bill.
20 I find that incredulous, to be
21 perfectly honest with you. And I find it
22 particularly incredulous coming from some of
23 the members from whom I heard it.
24 Now, let me remind you again that
25 there is a procedure here and that procedure
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1 takes great pains to ensure that the victim
2 will have an informed or intelligent choice.
3 I call your attention to Section 5 of the
4 bill. I won't bore you with it. Ah, you know
5 what? Let me bore you for a moment or two.
6 That section deals with the
7 application that the victim must make. And
8 among other things, what it says -- and I
9 believe some hour and a half ago I probably
10 made this part of the record -- that the
11 applicant -- and I'll use "her" application --
12 must state that she has been offered pre-HIV
13 test counseling and post-HIV test counseling
14 by a public health officer, in accordance with
15 Article 27F of the Public Health Law, and has
16 been advised in accordance with any guidelines
17 that may be issued by the Commissioner of
18 Health of, one, the limitations on the
19 information to be obtained through an HIV test
20 on the proposed subject; two, current
21 scientific assessments of the risks of
22 transmission of HIV from the exposure he or
23 she may have experienced; and, three, the need
24 for the applicant to undergo HIV-related
25 testing to definitively determine his or her
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1 HIV status.
2 The very same federal report that I
3 made reference to a bit earlier mentioned that
4 significant numbers of people, notwithstanding
5 the wisdom of undergoing this prophylaxis,
6 choose to opt out somewhere along the line.
7 It may well be side effects, it may well be
8 potential toxicity. But some of them choose
9 to opt out.
10 These are decisions that you or I
11 may disagree with, but these are decisions
12 that were made without this bill even being on
13 the books, without this bill being law.
14 People make decisions. All you can do is give
15 them the opportunity to make intelligent
16 choices. This bill enables people to make
17 intelligent choices. This bill enables the
18 victim of the vilest type of violation, where
19 she or he wishes to, to have the opportunity
20 to have that assailant tested.
21 If, based upon the information they
22 receive, they decide they don't want to pursue
23 it, they don't have to. If, based upon the
24 information they receive, they decide they
25 want to pursue it, why would anybody want to
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1 deny them that opportunity? You'd rather they
2 wait years until after a conviction? Let me
3 figure out the wisdom of that.
4 Thank you, Madam President. I
5 certainly vote in favor of the bill, which I
6 obviously am the sponsor of. Thank you.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Saland.
9 The debate is closed.
10 The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first of
14 November.
15 ACTING PRESIDENT YOUNG: Call the
16 roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT YOUNG: Senator
19 Duane, to explain his vote.
20 SENATOR DUANE: Thank you, Madam
21 President.
22 I just -- you know, the victims
23 that we're talking about are all the same
24 victims. They're all smart. They're all
25 traumatized, but they're all smart, and
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1 they're able to make the best decisions for
2 themselves.
3 You know, I wish that when I got
4 infected in the late '70s, early '80s, that a
5 prophylactic existed at all that I could have
6 taken within 36 hours so I wouldn't be in the
7 fix that I'm in now. No matter who my partner
8 was. I don't care. They didn't do it on
9 purpose to me. But I wish I could have not
10 seroconverted.
11 And I know there are some people --
12 and I hope, and, you know, I don't think it's
13 anyone here -- think that I'm here to protect
14 the HIV-positive predators, that that's my
15 job. But that's not why I'm here. I'm here
16 to stop the transmission of HIV. I mean,
17 that's a big part of my life's work. That's
18 why I disclosed -- that's why, frankly, I'm
19 probably sort of unemployable and uninsurable
20 if I leave here.
21 So I'm here so that less people get
22 into the same fix that I'm in, and that those
23 who are get treatment as fast as possible.
24 I'll be voting no, Madam President.
25 ACTING PRESIDENT YOUNG: Thank
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1 you, Senator Duane.
2 Senator Montgomery, to explain her
3 vote.
4 SENATOR MONTGOMERY: Yes, Madam
5 President, to explain my vote.
6 I first want to thank Senator Duane
7 for his passion on this. But I want to send a
8 message to all of those ministers that I've
9 tried to convince and influence to be involved
10 in getting our churches and parishioners and
11 citizens involved in testing.
12 Because while the sex offense --
13 the victims of sexual abuse and rape are
14 extremely important, it's important for us to
15 address that, I have thousands and thousands
16 of other victims, not of rape, but of having
17 encounters with people who are HIV-positive
18 and they don't know it. It's consensual,
19 Madam President. It's those people who engage
20 in consensual relationships where they do not
21 know, they do not have the knowledge of the
22 status of their partners. Those are the
23 victims that I speak to.
24 I do not want any leader in my
25 district, my community, to back away from the
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1 fact that everyone should be tested. It
2 should not be a matter of whether or not
3 you've committed a crime. It should be a
4 matter that we want to stem this disease for
5 which we have no cure.
6 So I'm voting no. I do not want
7 you to think that I'm voting against victims
8 of rape. I am voting for the victims who are
9 victimized simply because they do not know the
10 status of their partners.
11 I vote no.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Montgomery. You will be recorded
14 as a no.
15 Announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1043 are
18 Senators Breslin, Dilan, Duane, Gonzalez,
19 Hassell-Thompson, Huntley, L. Krueger,
20 Montgomery, Oppenheimer, Parker, Perkins,
21 Sabini, Schneiderman and Smith.
22 Absent from voting: Senators
23 Connor and C. Kruger.
24 Ayes, 44. Nays, 14.
25 ACTING PRESIDENT YOUNG: The bill
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1 is passed.
2 That completes the controversial
3 calendar, Senator Libous.
4 SENATOR LIBOUS: Madam President,
5 could we please return to motions and
6 resolutions.
7 Senator Griffo has Resolution
8 Number 2815 at the desk. And could we have
9 the title read, please.
10 ACTING PRESIDENT YOUNG: Motions
11 and resolutions.
12 The Secretary will read.
13 THE SECRETARY: By Senators
14 Griffo, Bonacic, Larkin, Libous, Seward and
15 Valesky, Legislative Resolution Number 2815,
16 urging the New York State Congressional
17 Delegation to repeal or modify certain
18 provisions of the Energy Policy Act of 2005,
19 and opposing the designation of national
20 interest electric transmission corridors.
21 ACTING PRESIDENT YOUNG: Senator
22 Griffo, on the resolution.
23 SENATOR GRIFFO: Madam President,
24 we all know that there's a great importance to
25 development of a comprehensive energy policy,
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1 and we're hopeful that the Governor will give
2 that his attention and focus his resources to
3 help to craft a comprehensive energy policy.
4 As a result of that right now being
5 somewhat missing, we have a number of
6 different proposals which really can cause
7 problems across this state. We in an
8 eight-county area are suffering with a
9 proposal that would have a negative impact
10 economically, environmentally and from a
11 health perspective.
12 This resolution essentially talks
13 about the Energy Policy Act of 2005. What
14 should be of most concern is it allows the
15 federal government in many instances to
16 override what our own Public Service
17 Commission would be doing relative to
18 transmission in other areas once the area is
19 designated as a national interest corridor.
20 So today, to give you an example,
21 my concern is that there seems an arrogance on
22 the part of the federal government. Today
23 they hold a hearing outside of the area
24 impacted by this particular proposal that we
25 are confronting right now, and they will allow
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1 people only two minutes to speak. So to me,
2 it's a sham. It doesn't really indicate that
3 there's a willingness or a responsiveness to
4 understand and heed the concerns of the people
5 that will be impacted by this type of a
6 proposal.
7 So what we are requesting here, and
8 hopefully we will have people join us, is that
9 we revisit the Energy Policy Act of 2005, that
10 we look at the areas that are really
11 infringing upon states' rights. And I think
12 that's really important and essential that we
13 ensure that states' rights are protected and
14 we work very hard to continue to focus our
15 energies on the creation of a comprehensive
16 energy policy that will serve the interests of
17 this state from a variety of means, from
18 alternative energy, from conservation, from
19 generation and a number of other factors.
20 So I hope that we can gain support.
21 I know there are a number of other of my
22 colleagues who are also impacted by this.
23 Thank you, Madam President.
24 ACTING PRESIDENT YOUNG: Thank
25 you, Senator Griffo.
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1 Senator Bonacic, on the resolution.
2 SENATOR BONACIC: Thank you,
3 Madam President.
4 I too join with Senator Griffo to
5 protest the NYRI line that flies in conflict
6 with the will of the people in eight counties.
7 The county legislatures have voted no against
8 this line. The constituents that live in the
9 eight counties, close to 2 million people,
10 almost unanimously have voted no.
11 The Public Service Commission of
12 the State of New York has rejected the NYRI
13 application as incomplete. This Legislature
14 has voted to take away NYRI-like transporter
15 companies, their right of eminent domain,
16 which Governor Pataki signed into law.
17 Having said all of that, NYRI goes,
18 with their high-powered lobbyists and lawyers,
19 to Washington, and they get a designation of a
20 national corridor. And inherent in that
21 designation, these are the things that happen.
22 Number one, they tell the State of
23 New York that they do have the right of
24 eminent domain and they can roll the State of
25 New York and trample the rights of the
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1 constituents and of this body in forcing this
2 power line through eight counties.
3 By the fact that the Department of
4 Energy declared that this was a national
5 corridor, it created an energy tax on
6 2 million people, by raising the energy rates
7 upstate by 5 to 7 percent if this project goes
8 forward and lowering the rates in New York
9 City to bring more power.
10 This is bad public policy. We in
11 this Legislature and the government in this
12 Legislature and the Governor have the vision
13 and the responsibility to meet the energy
14 demands of the whole state, including the City
15 of New York. And we believe that the best way
16 to do that is the Article X siting process
17 where you put the plants closer to the areas
18 where the demand is.
19 In addition, the independent power
20 grid has indicated that New York City will not
21 need the increased power for at least a
22 decade. And there's four or five other
23 projects out there, coming from Pennsylvania,
24 Jersey and other parts.
25 But no, NYRI, a bunch of foreign
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1 investors, arrogant, motivated by greed,
2 doesn't care about the will of the people,
3 wants to jam us with this project.
4 What this resolution says is we
5 will stand together. Pennsylvania has said
6 no. We are saying no.
7 And you know, the irony, the
8 Department of Energy held two hearings, one in
9 Manhattan and one today in Rochester. Not one
10 in the affected area, from Utica up including
11 the eight counties into Orange County. They
12 don't dare come in and have a public hearing
13 and face the people to hear the people's
14 concerns. To me, they don't want to hear.
15 So I join with Senator Griffo,
16 Senator Libous, Senator Larkin, Senator
17 Valesky, and Senator Seward. We are one to
18 fight this line, and we will continue to fight
19 it. And this Majority in this house has put
20 up a million dollars so far, as well as the
21 counties have put up money. Individual people
22 whose lives and property are affected have
23 contributed to this war chest.
24 So if our federal officials cannot
25 get it done in stopping this line in
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1 Washington, I think at some point we're going
2 to have to step up and increase the war chest
3 and have a lawsuit in the federal court to
4 declare Washington's Energy Act
5 unconstitutional as it tramples states'
6 rights.
7 So the fight continues, and we are
8 committed to stopping NYRI kinds of lines that
9 contaminate our environment, hurt our property
10 values, raise our rates upstate, and are
11 questionable as to health hazards.
12 For all those reasons, I thank
13 Senator Griffo for bringing this forward, and
14 I vote yes.
15 Thank you, Madam President.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Bonacic.
18 Senator Seward, on the resolution.
19 SENATOR SEWARD: Thank you, Madam
20 President.
21 I join with Senator Griffo and my
22 other colleagues in supporting this resolution
23 and speaking out against the NYRI line and
24 also speaking out against the federal
25 involvement in what should be a state issue.
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1 For the past 15 months or so, those
2 people in the eight counties that are impacted
3 by this proposed NYRI line have truly been
4 under assault, because this proposal has all
5 negatives for those eight counties and the
6 people that call those eight counties home.
7 It impacts the aesthetics and the environment
8 of our area and also negatively impacts our
9 economy.
10 And we have a perfectly good
11 process at the Public Service Commission right
12 here in New York State. We have been
13 directing efforts at the state level to fight
14 this line. The PSC has heard our pleas. They
15 have in fact declared the application of NYRI
16 incomplete.
17 But the NYRI group, as Senator
18 Bonacic says, of foreign investors, they're
19 making an end run around New York State and
20 our process here. They've gone to the federal
21 government to have this area declared one of
22 these federal energy transmission corridors.
23 This is an end run around the people of these
24 eight counties and the people of New York
25 State.
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1 But the federal law allows that,
2 and this is why this resolution is so
3 critical. Because in this resolution we are
4 asking our Congressional delegation to change
5 the federal law to bring back the --
6 ACTING PRESIDENT YOUNG: Excuse
7 me, Senator Seward.
8 Could we have some order in the
9 chamber, please. What the Senator is saying
10 is very important.
11 SENATOR SEWARD: Thank you, Madam
12 President.
13 We're asking our federal
14 representatives to change the law so as to
15 bring back our right as a state and as a
16 people to determine our own energy future and
17 make these decisions right here in New York
18 State.
19 Because there are better ways than
20 building this transmission line.
21 Conservation, new generation, a route for a
22 line that does not so negatively impact so
23 many people. There are many other routes to
24 go.
25 So this resolution is critically
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1 important to eight counties, but it could
2 happen anywhere in New York State. We are all
3 under, potentially, assault by this federal
4 law. We need to see the law changed.
5 With this resolution, Pennsylvania
6 has passed an identical one, so we are looking
7 to join with other states to stand up to the
8 federal government and say we will make energy
9 decisions for ourselves and we're perfectly
10 capable of doing so on behalf of our people.
11 So, Madam President, I'm fully
12 supportive of this resolution. It's very,
13 very important to our people. And I urge its
14 passage.
15 ACTING PRESIDENT YOUNG: Thank
16 you, Senator Seward.
17 Senator Valesky.
18 SENATOR VALESKY: Thank you,
19 Madam President. On the resolution, a couple
20 of observations.
21 First of all, I want to thank
22 Senator Griffo for bringing this resolution
23 for the floor and thank my colleagues Senator
24 Bonacic, Senator Seward, Senator Libous,
25 Senator Larkin.
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1 This is an example -- and there's
2 certainly no need for me to repeat the myriad
3 of reasons to support this resolution and to
4 oppose the power line proposal. Let me
5 observe that this is a perfect opportunity to
6 stress what bipartisan cooperation can do at
7 all levels of government, local and state.
8 Elected officials coming together, working on
9 behalf of their constituents to fight a
10 project that would be devastating to
11 communities throughout this region.
12 Let me also state for the record
13 the effort and support that grassroots
14 organizations throughout these eight counties
15 have done in fighting the NYRI project. It is
16 truly remarkable, and they need to be
17 applauded at every turn.
18 And finally, I want to speak just
19 for a moment on the process of bringing this
20 resolution to the floor. Because as we all
21 know, each week we consider resolutions that
22 honor individuals for significant
23 achievements, congratulate couples on
24 milestone wedding anniversaries, salute and
25 honor New Yorkers who deserve special
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1 recognition. And of course that becomes an
2 official part of the record of the State of
3 New York.
4 But what we do not do often is take
5 up a resolution like this on the floor, a
6 resolution that memorializes Congress to take
7 action. And I think that's appropriate. I
8 think that we should save that type of a
9 resolution for instances that are so egregious
10 or actions from the federal government that
11 are so egregious that states such as the State
12 of New York, the State of Pennsylvania, see
13 fit to memorialize their members of their
14 Congressional delegation to overturn that type
15 of action.
16 And that is exactly what we are
17 doing today. We are urging the federal
18 government to right a wrong that they made a
19 couple of years ago. This proposal, the
20 regional interconnect proposal, is wrong. And
21 the fact that the federal government could
22 step in and overturn what the State of
23 New York does is wrong as well.
24 So again, thank you, Senator
25 Griffo, for bringing this resolution to the
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1 floor. And I know that my colleagues will
2 continue to work together, and we will
3 continue to take whatever action is necessary
4 to fight this project.
5 Thank you very much, Madam
6 President.
7 ACTING PRESIDENT YOUNG: Thank
8 you, Senator Valesky.
9 Senator Duane.
10 SENATOR DUANE: Thank you, Madam
11 President.
12 I very much agree with what all of
13 my colleagues have said about this resolution.
14 It's absolutely true that the interference in
15 New York State on the part of the federal
16 government is wrong and outrageous.
17 And I also want to make the point
18 that this is not, should not be, and cannot be
19 upstate versus downstate. Because we're
20 actually one state, one state that has power
21 needs and one state which needs to protect its
22 economy and its rights. And in fact, there
23 are other ways to bring power, to the extent
24 that it's needed in New York City, to New York
25 City. Which, as is so often the case, have
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1 not been adequately addressed and which would
2 provide appropriate avenues to bring power to
3 New York City.
4 So I commend the authors of this
5 resolution. It is right on target. And I
6 want to say that if the roles were reversed,
7 that as many of us who are standing with our
8 colleagues from upstate are standing with them
9 now, so too am I sure that they would stand
10 with us.
11 Thank you, Madam President.
12 ACTING PRESIDENT YOUNG: Thank
13 you, Senator Duane.
14 Senator Libous.
15 SENATOR LIBOUS: Thank you, Madam
16 President.
17 I too want to congratulate and
18 thank Senator Griffo and join with my
19 colleagues in this resolution.
20 And I don't want to repeat
21 everything that they have said. But I guess
22 my concern deals around the arrogance of the
23 federal government and the Department of
24 Energy. It goes back to what some of my
25 colleagues said.
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1 To have two hearings on this issue,
2 to have one in New York City and one in
3 Rochester, which is outside of the corridor,
4 where there are people who are within the
5 corridor who have legitimate concerns that
6 have been expressed by a number of hearings
7 that this body has held -- and again, as
8 Senator Valesky has said, they have been
9 bipartisan. They have been with members of
10 both sides of the aisle. They have been with
11 members of the Assembly and both political
12 parties.
13 And it is an issue where I can't
14 find anyone who's in favor of this except for
15 the people from NYRI and the investors who
16 stand to make millions of dollars.
17 And I think one of the hidden
18 things -- and maybe it was mentioned by one of
19 my colleagues -- but what happens to upstate
20 and the Hudson Valley under this is that our
21 utility rates, our rates will go up if this
22 project goes through. And we have some of the
23 highest utility rates right now in the state.
24 We can't afford individuals to pay any more
25 than they already do when it comes to
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1 utilities in this state.
2 So, Madam President, again, I
3 stress on the arrogance of big government, the
4 federal government in this case, the
5 Department of Energy, who would snub their
6 noses at our constituency and dare have a
7 hearing on an issue -- it would be like us
8 having hearings on a piece of legislation and
9 going to the state of Pennsylvania as they
10 affect New York State.
11 That's what they're doing to us.
12 They're going outside of the area so that
13 tonight in Rochester people from my district
14 and my colleagues' districts cannot attend,
15 making it inconvenient to hear -- and then as
16 Senator Griffo mentioned, they have two
17 minutes to testify. Two minutes to testify on
18 such an important issue. Unheard of.
19 So it is with great enthusiasm and
20 anger that I support this resolution with my
21 colleagues and send a message to Congress,
22 send a message to the Department of Energy and
23 to anyone who will listen in the federal
24 government: Please, don't be arrogant on this
25 issue. It affects many citizens within the
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1 corridor, people that we represent, people
2 that can't pay higher utility rates, people
3 that are fed up with the arrogance of big
4 government.
5 ACTING PRESIDENT YOUNG: Thank
6 you, Senator Libous.
7 Senator Marcellino, on the
8 resolution.
9 SENATOR MARCELLINO: Thank you,
10 Madam President.
11 I also rise to support this
12 resolution. We in the downstate region -- it
13 was mentioned earlier that we shouldn't be
14 pitting upstate versus downstate. I agree.
15 In the downstate region we're fighting a
16 proposal by the federal government to put a
17 floating liquified natural gas facility in the
18 middle of Long Island Sound, called
19 Broadwater.
20 This is a situation where the
21 federal government is imposing its will on the
22 locality. They simply don't want to talk to
23 us, they simply will not talk to us, they
24 simply are ignoring the wishes of the region
25 and simply saying, We need alternative energy,
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1 we need to do this, therefore you locals,
2 you're all NIMBYs, you're all going to say no
3 anyway, you're not going to give us
4 alternatives, you're going to say no, so
5 therefore we're going to push it down your
6 throats whether you want it or not, whether
7 you have viable alternatives or not.
8 This is what is going on right now.
9 You see it here in the upstate region. We are
10 facing it in the downstate region. This is
11 due to the simple lack of a cohesive energy
12 policy on the part of this government. The
13 federal government does not have a cohesive
14 energy policy.
15 The liquified natural gas, by the
16 way, that they're trying to impose upon the
17 downstate area to relieve us of fossil fuel
18 reliance is fine liquified natural gas. So
19 far from relieving us from the reliance of
20 other sources, it's putting us more dependent
21 upon outside sources for energy. It's not a
22 good thing for this country, and it's not a
23 good thing for the region.
24 This resolution telling our federal
25 elected officials to go back to the table and
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1 make an energy policy that is meaningful, one
2 that works, one that includes the wishes and
3 the desires and the concerns of the
4 localities -- because believe it or not, the
5 locals know best what goes or what should go
6 into their areas and into their communities.
7 We need this resolution to be taken seriously.
8 A unanimous vote in support of this
9 resolution will go a long way to tell our
10 federal representatives and to tell the
11 federal government it's time, enough is
12 enough, it's time for them to develop a
13 cohesive energy policy in this country. We
14 need one desperately.
15 Thank you, Madam President.
16 ACTING PRESIDENT YOUNG: Thank
17 you, Senator Marcellino.
18 Senator Larkin, on the resolution.
19 SENATOR LARKIN: Thank you, Madam
20 President.
21 You know, there are people saying
22 that -- and Senator Duane said New York City
23 needs power. But I never see New York say:
24 Build the generators in my backyard.
25 We're past that "my backyard."
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1 I've got correspondence from the Secretary of
2 Energy's office where in fact he's just kind
3 of said, Don't worry about it, we'll do what
4 we want and you'll have to live with it.
5 That's our trouble. There was just
6 a major meeting in Washington on this, and a
7 Congressman from our area couldn't get his
8 Democratic Congressmen to help him pass the
9 bill. Senator Serrano's father said this is a
10 bigger issue than upstate New York. Well, I
11 don't think it's a bigger issue.
12 The issue we're talking about --
13 then you heard Carl Marcellino talk about his
14 issue. When do we sit down and tell the
15 federal government, with our Congress, who
16 said we're now in the majority, let's do
17 something? Let's get down to facts and say
18 what we're going to do to help the people.
19 My colleague John Bonacic testified
20 at a hearing last week, and I thought John
21 just put his head out the window. Because
22 when I heard it, John just made no bones about
23 it. You know, get off our back and do
24 something.
25 This is a serious issue. And, you
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1 know, you want us to help you in Washington?
2 We want you to help us here. This is a matter
3 of utmost importance to us not in just the
4 Hudson Valley, but it comes from Utica down
5 and it comes into my territory after it passes
6 John's. And the attitude is, you know, you're
7 just helping New York City.
8 No, you're not. Because if you
9 want to help New York City, then let the City
10 Council come up and say to us, We want to
11 build systems in New York City. That's what
12 they want, I'll support it.
13 I want every one of you on that
14 side of the aisle to join with us. Because
15 it's serious for us. Because today it's us;
16 tomorrow it will be you. And then you'll be
17 asking us for help. Just remember '75 and the
18 bailout. Upstate hung together and helped
19 New York City on their bailout.
20 This is a bailout. This is telling
21 the federal government we are not going to be
22 pushed around. We have an issue that involves
23 our health, it involves our cost of energy,
24 and it also calls a little bit of rumbling
25 over us. The Energy Department, they could
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1 care less.
2 And when you think that we had a
3 resolution in Congress and we couldn't get our
4 members in the majority to rally around one of
5 their own members, and they let something very
6 precious to us be defeated. So I would hope
7 that you in this chamber would stand up and
8 join us and say, unanimously, we support this
9 resolution.
10 Thank you, Madam President.
11 ACTING PRESIDENT YOUNG: Thank
12 you, Senator Larkin.
13 The question is on the resolution.
14 All those in favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT YOUNG: Opposed,
17 nay.
18 (Response of "Nay.")
19 ACTING PRESIDENT YOUNG: The
20 resolution is adopted.
21 Senator Libous.
22 SENATOR LIBOUS: Could we, Madam
23 President, return to motions and resolutions.
24 I believe we have some housekeeping. And call
25 on Senator Farley, please.
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1 ACTING PRESIDENT YOUNG: Senator
2 Farley.
3 SENATOR FARLEY: Thank you, Madam
4 President.
5 On behalf of Senator Nozzolio, I
6 wish to call up his bill, Print Number 5000,
7 recalled from the Assembly, and it's now at
8 the desk.
9 ACTING PRESIDENT YOUNG: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1079, by Senator Nozzolio, Senate Print 5000,
13 an act in relation to legalizing.
14 SENATOR FARLEY: Madam President,
15 I now move to reconsider the vote by which
16 this bill 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, 59.
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 Libous.
2 SENATOR LIBOUS: Madam President,
3 would you recognize Senator Duane, please.
4 ACTING PRESIDENT YOUNG: Senator
5 Duane.
6 SENATOR DUANE: Madam President,
7 would you recognize Senator Dilan.
8 ACTING PRESIDENT YOUNG: Senator
9 Dilan.
10 SENATOR DILAN: Madam President,
11 there will be an immediate meeting of the
12 Minority conference in the Minority Conference
13 Room, Room 315.
14 ACTING PRESIDENT YOUNG:
15 Immediate meeting of the Minority conference
16 in the Minority Conference Room, Room 315.
17 The Senate will stand at ease.
18 Or no, I'm sorry. Senator Libous.
19 SENATOR LIBOUS: I think, Madam
20 President, you're doing an outstanding job.
21 Would you go ahead and call as you -- the
22 Senate will stand at ease temporarily.
23 ACTING PRESIDENT YOUNG: The
24 Senate will stand at ease.
25 (Whereupon, the Senate stood at
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1 ease at 5:43 p.m.)
2 (Whereupon, the Senate reconvened
3 at 6:31 p.m.)
4 ACTING PRESIDENT MAZIARZ: The
5 Senate will come to order.
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: May we
8 please have the reading of the
9 noncontroversial supplemental calendar.
10 ACTING PRESIDENT MAZIARZ: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 376, by Senator DeFrancisco, Senate Print
14 2067, an act to amend the Judiciary Law.
15 ACTING PRESIDENT MAZIARZ: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 376 are
24 Senators Duane, LaValle, Maltese, Padavan,
25 Rath, Saland and Volker.
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1 ACTING PRESIDENT MAZIARZ:
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: To explain
4 my vote.
5 ACTING PRESIDENT MAZIARZ:
6 Senator DeFrancisco, to explain his vote.
7 SENATOR DeFRANCISCO: Back about
8 ten years ago, there was an end of an
9 experiment for a temporary cameras in the
10 courtroom period of time. And at the
11 conclusion of that experiment, a report was
12 issued which indicated that the recommendation
13 was for this to continue.
14 It hasn't continued over the last
15 ten years. And in that ten years, many things
16 have happened with respect to openness of
17 government. The proceedings that we have here
18 in chambers are all open to the public and
19 televised. The same is true of the Assembly.
20 The leaders' meetings that are public are
21 televised, as are many of the joint conference
22 committee meetings.
23 This is another step towards the
24 openness of government. It is also a bill
25 that protects those who need to be protected.
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1 But it gives no one a veto power over cameras
2 in the courtroom. It's up to the sound
3 discretion of the judge. And it lists various
4 factors that the judge must consider.
5 And in fact, sensitive witnesses
6 and undercover agents and the like, they will
7 have protection by either obscuring the view
8 of their faces or turning off the audio that
9 may be all that's being done in the course of
10 that proceeding.
11 So this I believe is a very good
12 bill. It's in the discretion of the judges.
13 In addition, it calls for training for judges.
14 And it also calls for monitoring by the Office
15 of Court Administration to make sure it is
16 working as intended.
17 I vote aye.
18 ACTING PRESIDENT MAZIARZ:
19 Senator DeFrancisco will be recorded in the
20 affirmative.
21 Announce the results.
22 THE SECRETARY: Ayes, 52. Nays,
23 7.
24 ACTING PRESIDENT MAZIARZ: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1598, by Senator Larkin, Senate Print 1919, an
3 act to amend the Vehicle and Traffic Law.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1599, by Senator Little, Senate Print 4083B,
16 an act to amend Chapter 80 of the Laws of 2000
17 amending the Education Law.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar
4 Number --
5 ACTING PRESIDENT MAZIARZ:
6 Senator DeFrancisco.
7 SENATOR DeFRANCISCO: May I just
8 explain my vote.
9 ACTING PRESIDENT MAZIARZ:
10 Senator DeFrancisco, to explain his vote.
11 SENATOR DeFRANCISCO: This is
12 1599; correct?
13 ACTING PRESIDENT MAZIARZ: Yes.
14 SENATOR DeFRANCISCO: I just
15 wanted to explain, in that I voted yes and
16 it's a very good vote. And I think it's a
17 good bill.
18 However, as I said the last time we
19 extended this particular bill, the three-year
20 waiver of citizenship, I made the same
21 comments. We should provide for more
22 veterinary schools so that we are in a
23 position to have people go to vet school.
24 It's one of the most difficult
25 things that you can get into. In fact, it's
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1 more difficult than med school, in many
2 instances. We have many people that are
3 disappointed in our country because they can't
4 get into a veterinary school because they
5 don't have enough spaces.
6 So hopefully this will be the last
7 extension and we'll do what we should have
8 done many, many years ago, provide more
9 opportunities for our residents to become
10 veterinarians, especially the residents who
11 truly want to do it but are unable to because
12 of the lack of space.
13 Thank you.
14 ACTING PRESIDENT MAZIARZ:
15 Senator DeFrancisco will be recorded in the
16 affirmative.
17 Announce the results.
18 THE SECRETARY: Ayes, 59. Nays,
19 0.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1600, by Senator Libous, Senate Print 4321, an
24 act appointing certain individuals.
25 ACTING PRESIDENT MAZIARZ: There
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1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1601, by Senator Nozzolio, Senate Print 5450,
13 an act to amend the Correction Law.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 59.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1602, by Senator Young, Senate Print 5684, an
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1 act to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT MAZIARZ: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAZIARZ: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 58. Nays,
10 1. Senator Duane recorded in the negative.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1605, by the Senate Committee on Rules, Senate
15 Print 5798, an act to amend the Tax Law.
16 ACTING PRESIDENT MAZIARZ: There
17 is a local fiscal impact note at the desk.
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT MAZIARZ: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1606, by Senator Golden, Senate Print 5911, an
4 act to amend Chapter 642 of the Laws of 2004.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT MAZIARZ: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1607, by the Senate Committee on Rules, Senate
17 Print 5925, an act to amend the Tax Law.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1608, by Senator DeFrancisco, Senate Print
5 5967, an act to amend the Surrogate's Court
6 Procedure Act.
7 ACTING PRESIDENT MAZIARZ: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 30th day.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAZIARZ:
15 Announce the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAZIARZ: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1609, by Senator Leibell, Senate Print 5984,
21 an act to amend the Waterfront Commission Act.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect upon enactment into law
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1 by the State of New Jersey.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAZIARZ:
6 Announce the results.
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1610, by Senator Skelos, Senate Print 6038, an
12 act to authorize Gibson Meeting Halls, Inc.
13 ACTING PRESIDENT MAZIARZ: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAZIARZ: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAZIARZ:
21 Announce the results.
22 THE SECRETARY: Ayes, 57. Nays,
23 2. Senators Larkin and Rath recorded in the
24 negative.
25 ACTING PRESIDENT MAZIARZ: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1611, by Senator Alesi, Senate Print 6039, an
4 act to amend the Highway Law.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAZIARZ:
13 Announce the results.
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1612, by Senator Larkin, Senate Print 428, an
19 act to amend the Real Property Tax Law.
20 ACTING PRESIDENT MAZIARZ: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAZIARZ: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MAZIARZ:
3 Announce the results.
4 THE SECRETARY: Ayes, 58. Nays,
5 1. Senator Duane recorded in the negative.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1613, by Senator Flanagan, Senate Print 687,
10 an act to amend the Education Law.
11 ACTING PRESIDENT MAZIARZ: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MAZIARZ:
19 Announce the results.
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT MAZIARZ: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1614, by Senator Breslin, Senate Print 800, an
25 act to amend the Real Property Tax Law.
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1 ACTING PRESIDENT MAZIARZ: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first of January
5 next succeeding.
6 ACTING PRESIDENT MAZIARZ: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MAZIARZ:
10 Announce the results.
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1615, by Senator Maltese, Senate Print 808, an
16 act to amend the Public Officers Law.
17 ACTING PRESIDENT MAZIARZ: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MAZIARZ:
25 Announce the results.
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1617, by Senator Fuschillo, Senate Print 1529,
6 an act to amend the Real Property Tax Law.
7 ACTING PRESIDENT MAZIARZ: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MAZIARZ:
15 Announce the results.
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT MAZIARZ: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1618, by Senator Rath, Senate Print 1866, an
21 act to amend the Real Property Tax Law.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
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1 ACTING PRESIDENT MAZIARZ: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MAZIARZ:
5 Announce the results.
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 THE SECRETARY: In relation to
10 Calendar Number 1619, Senator Alesi moves to
11 discharge, from the Committee on
12 Investigations and Government Operations,
13 Assembly Bill Number 2953 and substitute it
14 for the identical Senate Bill Number 1914,
15 Third Reading Calendar 1619.
16 ACTING PRESIDENT MAZIARZ:
17 Substitution ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1619, by Member of the Assembly Schimminger,
21 Assembly Print Number 2953, an act in relation
22 to directing.
23 ACTING PRESIDENT MAZIARZ: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MAZIARZ:
6 Announce the results.
7 THE SECRETARY: Ayes, 59.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1620, by Senator DeFrancisco, Senate Print
12 2878, an act to amend the Criminal Procedure
13 Law.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 60th day.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAZIARZ:
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MAZIARZ: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1621, by Senator Rath, Senate Print 2962, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT MAZIARZ: There
5 is a local fiscal impact note at the desk.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of April.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MAZIARZ:
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1621 are
16 Senators Duane, Hassell-Thompson, and
17 L. Krueger.
18 Ayes, 56. Nays, 3.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1622, by Senator Maziarz, Senate Print 3104,
23 an act to amend the Vehicle and Traffic Law.
24 ACTING PRESIDENT MAZIARZ: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the first of May.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MAZIARZ:
7 Announce the results.
8 THE SECRETARY: Ayes, 59.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1624, by Senator Lanza, Senate Print 3574, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MAZIARZ:
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT MAZIARZ: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1625, by Senator Leibell, Senate Print 3650,
3 an act to amend the Executive Law.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAZIARZ:
12 Announce the results.
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT MAZIARZ: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1626, by Senator Seward, Senate Print 3944, an
18 act to amend the Tax Law.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MAZIARZ:
2 Announce the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1627, by Senator Winner, Senate Print 4325, an
8 act to amend the Real Property Tax Law.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of January.
13 ACTING PRESIDENT MAZIARZ: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAZIARZ:
17 Announce the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1628, Senator Skelos moves to
23 discharge, from the Committee on
24 Investigations and Government Operations,
25 Assembly Bill Number 7451 and substitute it
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1 for the identical Senate Print Number 4482,
2 Third Reading Calendar 1628.
3 ACTING PRESIDENT MAZIARZ:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1628, by Member of the Assembly Farrell,
8 Assembly Print Number 7451, an act to amend
9 the Tax Law.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MAZIARZ: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MAZIARZ:
18 Announce the results.
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1629, by Senator Skelos, Senate Print 4488, an
24 act to authorize Young Israel of West
25 Hempstead.
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1 ACTING PRESIDENT MAZIARZ: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAZIARZ:
9 Announce the results.
10 THE SECRETARY: Ayes, 57. Nays,
11 2. Senators Larkin and Rath recorded in the
12 negative.
13 ACTING PRESIDENT MAZIARZ: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1630, by Senator Padavan, Senate Print 4639A,
17 an act to amend the Tax Law.
18 ACTING PRESIDENT MAZIARZ: There
19 is a local fiscal impact note at the desk.
20 The Secretary will read the last
21 section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the first day of a
24 sales tax quarterly period.
25 ACTING PRESIDENT MAZIARZ: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MAZIARZ:
4 Announce the results.
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1632, by Senator Seward, Senate Print 4791, an
10 act to amend the Tax Law.
11 ACTING PRESIDENT MAZIARZ: There
12 is a local fiscal impact note at the desk.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the first day of a
16 sales tax quarterly period.
17 ACTING PRESIDENT MAZIARZ: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MAZIARZ:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1362, those recorded in the
24 negative are Senators Duane, Hassell-Thompson
25 and L. Krueger.
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1 Ayes, 56. Nays, 3.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1634, by the Senate Committee on Rules, Senate
6 Print Number 4859, an act to authorize the
7 City of Olean.
8 ACTING PRESIDENT MAZIARZ: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MAZIARZ: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MAZIARZ:
17 Announce the results.
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: Returning to
22 Calendar Number 1633, by Senator Saland,
23 Senate Print 4829, an act to amend the Town
24 Law.
25 ACTING PRESIDENT MAZIARZ: There
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1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MAZIARZ:
9 Announce the results.
10 THE SECRETARY: Ayes, 58. Nays,
11 1. Senator Rath recorded in the negative.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1636, by Senator Trunzo, Senate Print 5859, an
16 act in relation to authorizing the Village of
17 Bellport.
18 ACTING PRESIDENT MAZIARZ: There
19 is a home-rule message at the desk.
20 Read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MAZIARZ:
2 Announce the results.
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1638, by Senator Saland, Senate Print 5998A,
8 an act to amend the Education Law and others.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last section.
11 THE SECRETARY: Section 21. This
12 act --
13 ACTING PRESIDENT MAZIARZ: I'm
14 sorry. Senator Saland, why do you rise?
15 SENATOR SALAND: To explain my
16 vote.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Saland, to explain his vote.
19 Read the last section.
20 THE SECRETARY: Section 21. This
21 act shall take effect July 21, 2008.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MAZIARZ:
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1 Senator Saland.
2 SENATOR SALAND: Thank you,
3 Mr. President.
4 Mr. President, this is a very
5 important real property tax relief measure, a
6 measure which accomplishes not only tax relief
7 but relieves school districts throughout
8 New York, from New York City to the
9 Adirondacks to Buffalo, from an unfunded
10 mandate that they have long complained about,
11 which is a requirement for them to pay a
12 portion of their revenues to help fund the
13 employer share of the retirement system, a
14 number that varies from year to year and a
15 number over the course of the past several
16 years that has been considerably higher than a
17 few years ago.
18 What this measure does is to
19 provide for a phase-in over a period of three
20 years whereby the state will relieve that
21 onerous responsibility from the backs of local
22 school districts. It will mean somewhere in
23 the area, based on current numbers, of about
24 $2.6 billion in tax relief. When fully phased
25 in, the City of New York will see its real
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1 property tax and PIT similarly reduced in
2 proportion that they bear to each other.
3 And this measure is certainly one
4 that builds on the STAR tax rebate proposal
5 that I had announced back in December of '05.
6 And the combination of the two, when fully
7 phased in, would amount to some $4 billion in
8 tax relief, a sizable amount.
9 The dollars that were saved by the
10 state picking up the contribution that would
11 have otherwise been made by the local school
12 district would be required to be used to
13 reduce the local tax levy. So that that
14 amount of money that would amount to the
15 employer contribution would be required by law
16 to correspondingly reduce the local tax levy,
17 and therein provides the means by which there
18 will be relief in every school district in the
19 state.
20 Thank you very much, Mr. President.
21 And obviously I am most supportive of this
22 bill.
23 ACTING PRESIDENT MAZIARZ:
24 Senator Saland will be recorded in the
25 affirmative.
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1 Announce the results.
2 THE SECRETARY: Ayes, 58. Nays,
3 1. Senator L. Krueger recorded in the
4 negative.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is passed.
7 Senator DeFrancisco, that completes
8 the reading of the supplemental active list.
9 SENATOR DeFRANCISCO: Would you
10 recognize Senator Leibell, please.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Leibell.
13 SENATOR LEIBELL: Thank you,
14 Mr. President.
15 I was out of the chamber, pursuant
16 to Rule 9, at a conference committee, on
17 Calendar 376, Senate 2067, cameras in the
18 courtroom. I'd like to be recorded as in the
19 negative.
20 ACTING PRESIDENT MAZIARZ: The
21 record will so reflect.
22 SENATOR LEIBELL: Thank you.
23 SENATOR DeFRANCISCO: Never mind.
24 Don't recognize him.
25 (Laughter.)
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1 ACTING PRESIDENT MAZIARZ:
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes, there
4 will be an immediate meeting of the Rules
5 Committee, at which time various bills will be
6 taken up. And the report will come back here,
7 and they will be dealt with tomorrow.
8 And before we leave for the Rules
9 Committee, would you please recognize Senator
10 Schneiderman.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Duane was actually up first, Senator
13 DeFrancisco.
14 Senator Duane.
15 SENATOR DeFRANCISCO: I didn't
16 see him.
17 ACTING PRESIDENT MAZIARZ: How
18 could you miss Senator Duane, Senator
19 DeFrancisco?
20 The chair recognizes Senator Duane.
21 SENATOR DUANE: Mr. President
22 with the excellent eyesight, on page 54 I
23 offer the following amendments to Calendar
24 Number 1604, Senate Print 5745, and ask that
25 said bill retain its place on Third Reading
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1 Calendar. And it's on behalf of Senator
2 Stachowski.
3 ACTING PRESIDENT MAZIARZ: The
4 amendments are received, and the bill will
5 retain its place on the Third Reading
6 Calendar.
7 Senator Schneiderman.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Mr. President.
10 Pursuant to Rule 9, I was required
11 to be at the conference committee, along with
12 my esteemed colleagues Senator Leibell,
13 Senator DeFrancisco, and others. And I would
14 like to cast my vote in the negative on
15 Calendar 376. I was going to vote yes, but
16 then you recognized Senator Duane before me,
17 so . . .
18 (Laughter.)
19 ACTING PRESIDENT MAZIARZ: The
20 record will so reflect.
21 Senator Nozzolio.
22 SENATOR NOZZOLIO: Mr. President,
23 I wish to call up, on behalf of Senator
24 Robach, Print Number 2616A, recalled from the
25 Assembly, which is now at the desk.
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1 ACTING PRESIDENT MAZIARZ: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 624, by Senator Robach, Senate Print 2616A, an
5 act to amend the State Finance Law.
6 SENATOR NOZZOLIO: Mr. President,
7 I now move to reconsider the vote by which
8 this bill was passed.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 SENATOR NOZZOLIO: Mr. President,
14 on behalf of Senator Robach, I now offer the
15 following amendments.
16 ACTING PRESIDENT MAZIARZ: The
17 amendments are received and adopted.
18 Senator Nozzolio.
19 SENATOR NOZZOLIO: Mr. President,
20 on page number 53, on behalf of Senator
21 Golden, I offer the following amendments to
22 Calendar Number 1569, Senate Print Number
23 5729, and ask that said bill be placed on
24 Third Reading Calendar.
25 ACTING PRESIDENT MAZIARZ: The
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1 amendments are received and adopted, and the
2 bill will retain its place on Third Reading
3 Calendar.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Is there
6 any more housekeeping?
7 ACTING PRESIDENT MAZIARZ: No,
8 Senator.
9 SENATOR DeFRANCISCO: The Senate
10 will be at ease until the Rules Committee
11 completes its meeting and bring in its report.
12 ACTING PRESIDENT MAZIARZ: There
13 will be an immediate meeting of the Rules
14 Committee in the Majority Conference Room,
15 Room 332.
16 The Senate will stand at ease.
17 (Whereupon, the Senate stood at
18 ease at 6:54 p.m.)
19 (Whereupon, the Senate reconvened
20 at 7:01 p.m.)
21 SENATOR SKELOS: Mr. President.
22 ACTING PRESIDENT STACHOWSKI:
23 Senator Skelos.
24 SENATOR SKELOS: If we could
25 return to reports of standing committees, I
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1 believe there's a report of the Rules
2 Committee at the desk. I ask that it be read
3 at this time.
4 ACTING PRESIDENT STACHOWSKI:
5 Reports of standing committees.
6 The Secretary will read.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, reports the
9 following bills:
10 Senate Print 1467, by Senator
11 Saland, an act to amend Chapter 472 of the
12 Laws of 1998;
13 1634, by Senator Fuschillo, an act
14 to amend the Tax Law;
15 1842A, by Senator LaValle, an act
16 to amend the Tax Law;
17 2082, by Senator Larkin, an act to
18 amend the Education Law;
19 2329, by Senator Rath, an act to
20 amend the Tax Law;
21 2560, by Senator C. Kruger, an act
22 to amend the General Business Law;
23 3417, by Senator Maltese, an act to
24 amend the General Municipal Law;
25 3830C, by Senator Larkin, an act to
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1 amend the Tax Law;
2 4571, by Senator Young, an act to
3 amend the Real Property Tax Law;
4 4713, by Senator Leibell, an act
5 authorizing;
6 4858A, by the Senate Committee on
7 Rules, an act to amend the Tax Law;
8 5011, by Senator Alesi, an act to
9 amend the Tax Law;
10 5092, by Senator DeFrancisco, an
11 act to amend the Penal Law;
12 5248A, by Senator Winner, an act to
13 amend the Executive Law;
14 5425A, by Senator Padavan, an act
15 to amend the Tax Law;
16 5654A, by Senator Leibell, an act
17 to amend the Town Law;
18 5698, by Senator Morahan, an act to
19 amend the Real Property Tax Law;
20 5753A, by the Senate Committee on
21 Rules, an act to amend the Tax Law;
22 5891, by Senator Young, an act to
23 amend Chapter 78 of the Laws of 1981;
24 5919, by Senator Nozzolio, an act
25 to amend the Agriculture and Markets Law;
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1 5928, by Senator O. Johnson, an act
2 to authorize;
3 5932, by Senator Saland, an act to
4 amend Chapter 748 of the Laws of 1991;
5 5992, by Senator Golden, an act to
6 amend the Real Property Tax Law;
7 6022, by Senator Padavan, an act to
8 amend the Retirement and Social Security Law;
9 6049, by Senator Winner, an act to
10 amend the Executive Law;
11 And Senate Print 6079, by Senator
12 Volker, Concurrent Resolution of the Senate
13 and Assembly.
14 All bills ordered direct to third
15 reading.
16 SENATOR SKELOS: Mr. President, I
17 move to accept the report of the Rules
18 Committee.
19 ACTING PRESIDENT STACHOWSKI: All
20 in favor signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT STACHOWSKI:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT STACHOWSKI: The
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1 Rules report is accepted.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 is there any further business at the desk?
5 ACTING PRESIDENT STACHOWSKI: No
6 further business at the desk.
7 SENATOR SKELOS: Thank you,
8 Mr. President.
9 There being no further business, I
10 move we stand adjourned until Wednesday,
11 June 13th, at 11:00 a.m.
12 ACTING PRESIDENT STACHOWSKI: On
13 motion, the Senate stands adjourned until
14 Wednesday, June 13th, at 11:00 a.m.
15 SENATOR SKELOS: Thank you.
16 (Whereupon, at 7:04 p.m., the
17 Senate adjourned.)
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