Regular Session - June 13, 2007
4366
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 13, 2007
11 11:14 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR THOMAS P. MORAHAN, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MORAHAN: The
3 Senate will come to order.
4 Will everyone present please rise
5 and join me in repeating the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MORAHAN: In the
10 absence of clergy, may we please bow our heads
11 for a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MORAHAN: Thank
15 you.
16 The reading of the Journal.
17 THE SECRETARY: In Senate,
18 Tuesday, June 12, the Senate met pursuant to
19 adjournment. The Journal of Monday, June 11,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT MORAHAN:
23 Without objection, the Journal stands approved
24 as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 on behalf of Senator Farley, I wish to call up
11 his bill, Print Number 849, recalled from the
12 Assembly, which is now at the desk.
13 ACTING PRESIDENT MORAHAN: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 728, by Senator Farley, Senate Print 849, an
17 act to amend the Social Services Law.
18 SENATOR SKELOS: Mr. President, I
19 now move to reconsider the vote by which this
20 bill was passed.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 38.
25 SENATOR SKELOS: Mr. President, I
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1 now offer the following amendments.
2 ACTING PRESIDENT MORAHAN: The
3 amendments are received.
4 SENATOR SKELOS: Mr. President, I
5 believe there are substitutions at the desk.
6 If we could make them at this time.
7 ACTING PRESIDENT MORAHAN: The
8 Secretary will read.
9 THE SECRETARY: On page 5,
10 Senator Saland moves to discharge, from the
11 Committee on Rules, Assembly Bill Number 339B
12 and substitute it for the identical Senate
13 Bill Number 1092B, Third Reading Calendar 128.
14 On page 17, Senator Morahan moves
15 to discharge, from the Committee on Rules,
16 Assembly Bill Number 6931A and substitute it
17 for the identical Senate Bill Number 3960A,
18 Third Reading Calendar 592.
19 On page 21, Senator Hannon moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 7836 and substitute it
22 for the identical Senate Bill Number 5116,
23 Third Reading Calendar 726.
24 On page 24, Senator Farley moves to
25 discharge, from the Committee on Banks,
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1 Assembly Bill Number 6490 and substitute it
2 for the identical Senate Bill Number 2747,
3 Third Reading Calendar 819.
4 On page 34, Senator Leibell moves
5 to discharge, from the Committee on Rules,
6 Assembly Bill Number 7530 and substitute it
7 for the identical Senate Bill Number 4244,
8 Third Reading Calendar 1064.
9 On page 45, Senator C. Kruger moves
10 to discharge, from the Committee on Rules,
11 Assembly Bill Number 8096 and substitute it
12 for the identical Senate Bill Number 4550,
13 Third Reading Calendar 1329.
14 On page 47, Senator Morahan moves
15 to discharge, from the Committee on Rules,
16 Assembly Bill Number 6112D and substitute it
17 for the identical Senate Bill Number 5181B,
18 Third Reading Calendar 1377.
19 On page 49, Senator Wright moves to
20 discharge, from the Committee on Rules,
21 Assembly Bill Number 8173 and substitute it
22 for the identical Senate Bill Number 5055,
23 Third Reading Calendar 1416.
24 On page 53, Senator C. Kruger moves
25 to discharge, from the Committee on Rules,
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1 Assembly Bill Number 335 and substitute it for
2 the identical Senate Bill Number 2560, Third
3 Reading Calendar 1645.
4 And on page 54, Senator Winner
5 moves to discharge, from the Committee on
6 Rules, Assembly Bill Number 7885A and
7 substitute it for the identical Senate Bill
8 Number 5248A, Third Reading Calendar 1653.
9 ACTING PRESIDENT MORAHAN:
10 Substitutions ordered.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 if we could go to the noncontroversial reading
14 of the calendar, please.
15 ACTING PRESIDENT MORAHAN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 91, by Senator Bonacic --
19 SENATOR SKELOS: Lay it aside for
20 the day.
21 ACTING PRESIDENT MORAHAN: The
22 bill is laid aside for the day.
23 THE SECRETARY: Calendar Number
24 106, by Senator Marcellino, Senate Print 632A,
25 an act to amend the General Business Law.
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1 ACTING PRESIDENT MORAHAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 40.
11 ACTING PRESIDENT MORAHAN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 128, substituted earlier by Member of the
15 Assembly Magnarelli, Assembly Print Number
16 339B, an act to amend the Executive Law.
17 ACTING PRESIDENT MORAHAN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MORAHAN:
25 Announce the results.
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1 THE SECRETARY: Ayes, 40.
2 ACTING PRESIDENT MORAHAN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 167, by Senator Maziarz, Senate Print 258A, an
6 act to amend the State Administrative
7 Procedure Act.
8 ACTING PRESIDENT MORAHAN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT MORAHAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MORAHAN:
16 Announce the results.
17 THE SECRETARY: Ayes, 40.
18 ACTING PRESIDENT MORAHAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 385, by Senator Trunzo, Senate Print --
22 SENATOR SKELOS: Lay it aside
23 temporarily, please.
24 ACTING PRESIDENT MORAHAN: The
25 bill is laid aside temporarily.
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1 THE SECRETARY: Calendar Number
2 434, by Senator Leibell, Senate Print 3806A,
3 an act to amend the Labor Law.
4 ACTING PRESIDENT MORAHAN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Announce the results.
13 THE SECRETARY: Ayes, 40.
14 ACTING PRESIDENT MORAHAN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 438, by Senator Larkin, Senate Print 349, an
18 act to amend the Racing, Pari-Mutuel Wagering
19 and Breeding Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 42.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 506, by Senator Larkin, Senate Print 186A --
9 SENATOR SKELOS: Lay it aside
10 temporarily, please.
11 ACTING PRESIDENT MORAHAN: The
12 bill is laid aside temporarily.
13 THE SECRETARY: Calendar Number
14 515, by Senator O. Johnson, Senate Print --
15 SENATOR SKELOS: Lay it aside
16 temporarily, please.
17 ACTING PRESIDENT MORAHAN: The
18 bill is laid aside temporarily.
19 THE SECRETARY: Calendar Number
20 581, by Senator LaValle, Senate Print 930A, an
21 act to amend the Business Corporation Law and
22 the Education Law.
23 ACTING PRESIDENT MORAHAN: Read
24 the last section.
25 THE SECRETARY: Section 17. This
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1 act shall take effect on the first of January
2 next succeeding.
3 ACTING PRESIDENT MORAHAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MORAHAN:
7 Announce the results.
8 THE SECRETARY: Ayes, 43.
9 ACTING PRESIDENT MORAHAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 592, substituted earlier by Member of the
13 Assembly P. Rivera, Assembly Print Number
14 6931A, an act to amend Chapter 667 of the Laws
15 of 2006.
16 ACTING PRESIDENT MORAHAN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MORAHAN: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 43.
24 ACTING PRESIDENT MORAHAN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 594, by Senator Larkin, Senate Print 423A, an
3 act to amend the Education Law.
4 ACTING PRESIDENT MORAHAN: Read
5 the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 180th day.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Announce the results.
13 THE SECRETARY: Ayes, 44. Nays,
14 1. Senator Marcellino recorded in the
15 negative.
16 ACTING PRESIDENT MORAHAN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 677, by Senator Golden, Senate Print 3728, an
20 act to amend the Executive Law.
21 ACTING PRESIDENT MORAHAN: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MORAHAN: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MORAHAN:
4 Announce the results.
5 THE SECRETARY: Ayes, 45.
6 ACTING PRESIDENT MORAHAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 722, by Senator Rath, Senate Print 2328A, an
10 act to amend the Public Health Law.
11 ACTING PRESIDENT MORAHAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 365th day.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 45.
21 ACTING PRESIDENT MORAHAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 726, substituted earlier by Member of the
25 Assembly Gottfried, Assembly Print Number
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1 7836, an act to amend Chapter 738 of the Laws
2 of 2005.
3 ACTING PRESIDENT MORAHAN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MORAHAN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MORAHAN:
11 Announce the results.
12 THE SECRETARY: Ayes, 46.
13 ACTING PRESIDENT MORAHAN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 736, by Senator C. Kruger, Senate Print 4551A,
17 an act to amend the Social Services Law.
18 ACTING PRESIDENT MORAHAN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MORAHAN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MORAHAN:
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1 Announce the results.
2 THE SECRETARY: Ayes, 46.
3 ACTING PRESIDENT MORAHAN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 819, substituted earlier today by Member of
7 the Assembly Towns, Assembly Print Number
8 6490, an act to amend the Banking Law.
9 ACTING PRESIDENT MORAHAN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT MORAHAN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MORAHAN:
17 Announce the results.
18 THE SECRETARY: Ayes, 47.
19 ACTING PRESIDENT MORAHAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 855, by Senator Seward, Senate Print --
23 SENATOR SKELOS: Lay it aside
24 temporarily.
25 ACTING PRESIDENT MORAHAN: The
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1 bill is laid aside temporarily.
2 THE SECRETARY: Calendar Number
3 862, by Senator Young, Senate Print 4904, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT MORAHAN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the first of October.
9 ACTING PRESIDENT MORAHAN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MORAHAN:
13 Announce the results.
14 THE SECRETARY: Ayes, 47.
15 ACTING PRESIDENT MORAHAN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 866, by Senator Alesi, Senate Print 961, an
19 act to amend the General Business Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first of January.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 47.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 929, by Senator Stavisky, Senate Print 2610,
9 an act to amend the Education Law.
10 ACTING PRESIDENT MORAHAN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MORAHAN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MORAHAN:
18 Announce the results.
19 THE SECRETARY: Ayes, 47.
20 ACTING PRESIDENT MORAHAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 966, by Senator Trunzo, Senate Print 3680, an
24 act to amend the Public Health Law.
25 ACTING PRESIDENT MORAHAN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 180th day.
4 ACTING PRESIDENT MORAHAN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MORAHAN:
8 Announce the results.
9 THE SECRETARY: Ayes, 47.
10 ACTING PRESIDENT MORAHAN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 973, by Senator LaValle, Senate Print 932, an
14 act authorizing the Temporary President of the
15 Senate and the Speaker of the Assembly to
16 commission.
17 ACTING PRESIDENT MORAHAN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MORAHAN:
25 Announce the results.
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1 THE SECRETARY: Ayes, 46. Nays,
2 1. Senator Montgomery recorded in the
3 negative.
4 ACTING PRESIDENT MORAHAN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1062, by Senator Maltese, Senate Print 304A,
8 an act to amend the Private Housing Finance
9 Law.
10 ACTING PRESIDENT MORAHAN: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 120th day.
14 ACTING PRESIDENT MORAHAN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT MORAHAN:
18 Announce the results.
19 THE SECRETARY: Ayes, 47.
20 ACTING PRESIDENT MORAHAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1064, substituted earlier today by Member of
24 the Assembly Ortiz, Assembly Print Number
25 7530, an act to amend the Public Health Law.
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1 ACTING PRESIDENT MORAHAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 60th day.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 47.
11 ACTING PRESIDENT MORAHAN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1066, by Senator Maziarz, Senate Print 4460A,
15 an act to amend Chapter 547 of the Laws of
16 1947.
17 ACTING PRESIDENT MORAHAN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MORAHAN:
25 Announce the results.
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1 THE SECRETARY: Ayes, 47.
2 ACTING PRESIDENT MORAHAN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1106, by Senator Skelos, Senate Print 3214B,
6 an act to amend the Retirement and Social
7 Security Law.
8 ACTING PRESIDENT MORAHAN: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect January 1, 2008.
13 ACTING PRESIDENT MORAHAN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MORAHAN:
17 Announce the results.
18 THE SECRETARY: Ayes, 47.
19 ACTING PRESIDENT MORAHAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1107, by Senator Skelos, Senate Print 3215, an
23 act to amend the Retirement and Social
24 Security Law.
25 ACTING PRESIDENT MORAHAN: There
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1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 47.
11 ACTING PRESIDENT MORAHAN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1231, by Senator LaValle, Senate Print 2680,
15 an act to amend the Penal Law.
16 ACTING PRESIDENT MORAHAN: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the first of
20 November.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MORAHAN:
25 Announce the results.
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1 Senator Montgomery, to explain her
2 vote.
3 SENATOR MONTGOMERY: Yes,
4 Mr. President, to explain my vote.
5 I'm voting yes on this. And I'm an
6 enthusiastic supporter. I want to thank
7 Senator LaValle. I know that he has tried, in
8 the last few years, to put forward this
9 legislation.
10 It would simply require that we
11 utilize chemical castration for second-time
12 violent felony sex offenders as a means of
13 treatment that has been proven to be very,
14 very effective. I think it's much more
15 humane.
16 And as we can see, we're having
17 more and more difficulty figuring out what to
18 do with repeat violent sex offenders. And
19 this seems to be an option that makes a lot of
20 sense, and it's much more effective as well as
21 cost-effective to utilize. And I think that
22 this is the right time for us to consider this
23 measure.
24 And in fact, as we see next door,
25 in the city next door, Schenectady, they are
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1 now looking to essentially eliminate all sex
2 offenders from that area. And I don't know
3 where they're going; maybe they'll end up in
4 the woods someplace around. But certainly
5 it's not a solution that we're going to be
6 able to rely on.
7 So I enthusiastically support this,
8 and I encourage my colleagues to also support
9 this measure.
10 Thank you, Mr. President. I'm
11 voting yes.
12 ACTING PRESIDENT MORAHAN:
13 Senator Montgomery will be recorded in the
14 affirmative. Thank you, Senator.
15 Senator Liz Krueger, to explain her
16 vote.
17 SENATOR LIZ KRUEGER: Thank you.
18 With all due respect to my
19 colleague and friend Senator Velmanette
20 Montgomery, I'm voting no on the bill. Not
21 because I don't agree with her that in some
22 circumstances the research shows that chemical
23 castration can be an effective model.
24 The research is also fairly mixed
25 about who it works for and who it doesn't.
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1 And so I'm very concerned that the bill is too
2 broad in any sexual offender on a second
3 felony offense or at a judge's order.
4 Because there's research showing
5 that while it may be particularly effective
6 for pedophile sexual offenders, that it is not
7 necessarily effective at all for violent
8 sexual predators, who in fact the reason for
9 or the motivation for the sexual attack is not
10 sexual but is driven by violence and rage and
11 other dysfunctions of their brain.
12 I'm also a bit concerned about the
13 health impacts from some of the drugs that
14 have been used, although I do think New York
15 State could of course carefully monitor. But
16 there have been some issues raised about some
17 of the drugs actually causing cancer. And I
18 think that the State of New York doesn't
19 necessarily, even in the desire to protect our
20 people -- which is our job -- should
21 necessarily go down the road of allowing
22 determinations of mandatory drug treatments
23 that in fact can cause life-threatening
24 diseases.
25 So if the bill was more carefully
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1 structured and more limited and targeted, I
2 would be able to vote for it. But as it is, I
3 will vote no.
4 Thank you, Mr. President.
5 ACTING PRESIDENT MORAHAN:
6 Senator Liz Krueger will be recorded in the
7 negative.
8 Senator LaValle, to explain his
9 vote.
10 SENATOR LaVALLE: Thank you,
11 Mr. President.
12 I want to thank Senator Montgomery
13 for her consistent support on this
14 legislation.
15 As we all know, this Legislature
16 has looked at the problem of sexual predators
17 from a variety of points of view. This is
18 another tool in our arsenal to deal with the
19 very serious and perplexing problem of
20 ensuring that sexual predators are not on the
21 streets to again and again and again have
22 people as their victims in our communities.
23 I was very, very touched when we
24 did research on this and my staff spoke to
25 other states that have enacted this. And the
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1 one thing that comes through is that many
2 sexual predators, by their own admission, have
3 said: I simply cannot help myself. I cannot
4 help myself.
5 So I'm willing to use this because
6 I think it's effective. Is it a hundred
7 percent effective? No, it is not. But once
8 again, it's another tool in our arsenal to
9 protect the people in our communities.
10 I vote yes, Mr. President.
11 ACTING PRESIDENT MORAHAN:
12 Senator LaValle will be recorded in the
13 affirmative.
14 Announce the results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1231 are
17 Senators Hassell-Thompson, Huntley, L. Krueger
18 and Perkins.
19 Ayes, 45. Nays, 4.
20 ACTING PRESIDENT MORAHAN: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1233, by Senator Padavan, Senate Print 2883,
24 an act to amend the Penal Law.
25 ACTING PRESIDENT MORAHAN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 51. Nays,
11 1. Senator Perkins recorded in the negative.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1272, by Senator Young, Senate Print 406, an
16 act to amend the Parks, Recreation and
17 Historic Preservation Law.
18 ACTING PRESIDENT MORAHAN: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the 180th day.
22 ACTING PRESIDENT MORAHAN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MORAHAN:
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1 Announce the results.
2 THE SECRETARY: Ayes, 52.
3 ACTING PRESIDENT MORAHAN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1314, by Senator LaValle, Senate Print 5476B,
7 an act to amend the Education Law.
8 ACTING PRESIDENT MORAHAN: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MORAHAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MORAHAN:
16 Announce the results.
17 THE SECRETARY: Ayes, 52.
18 ACTING PRESIDENT MORAHAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1323, by Senator Bonacic, Senate Print 468, an
22 act to amend the Social Services Law.
23 ACTING PRESIDENT MORAHAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect on the 120th day.
2 ACTING PRESIDENT MORAHAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MORAHAN:
6 Announce the results.
7 THE SECRETARY: Ayes, 52.
8 ACTING PRESIDENT MORAHAN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1329, substituted earlier today by Member of
12 the Assembly Wright, Assembly Print Number
13 8096, an act to amend the Social Services Law.
14 ACTING PRESIDENT MORAHAN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MORAHAN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MORAHAN:
22 Announce the results.
23 THE SECRETARY: Ayes, 54.
24 ACTING PRESIDENT MORAHAN: The
25 bill is passed.
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1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 1338, by Senator Hannon, Senate Print 4648, an
4 act to amend the Public Health Law.
5 ACTING PRESIDENT MORAHAN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MORAHAN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MORAHAN:
13 Announce the results.
14 THE SECRETARY: Ayes, 54.
15 ACTING PRESIDENT MORAHAN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1339, by Senator Hannon, Senate Print 4879A,
19 an act to amend the Public Health Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 54.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1372, by Senator Robach, Senate Print 3976, an
9 act to amend the Retirement and Social
10 Security Law.
11 ACTING PRESIDENT MORAHAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 54.
21 ACTING PRESIDENT MORAHAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1377, substituted earlier today by Member of
25 the Assembly Brodsky, Assembly Print Number
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1 6112D, an act to amend the Civil Service Law.
2 ACTING PRESIDENT MORAHAN: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 30th day.
6 ACTING PRESIDENT MORAHAN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MORAHAN:
10 Announce the results.
11 THE SECRETARY: Ayes, 54.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1394, by Senator Leibell, Senate Print 5666A,
16 an act in relation to granting certain
17 retirement benefits.
18 ACTING PRESIDENT MORAHAN: There
19 is a home-rule message at the desk.
20 Please read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MORAHAN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MORAHAN:
2 Announce the results.
3 THE SECRETARY: Ayes, 55.
4 ACTING PRESIDENT MORAHAN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1401, by Senator Wright, Senate Print 5388, an
8 act to amend the Public Service Law.
9 ACTING PRESIDENT MORAHAN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the 120th day.
13 ACTING PRESIDENT MORAHAN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MORAHAN:
17 Announce the results.
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT MORAHAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1416, substituted earlier today by Member of
23 the Assembly Aubertine, Assembly Print Number
24 8173, an act to amend the Tax Law.
25 ACTING PRESIDENT MORAHAN: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MORAHAN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MORAHAN:
8 Announce the results.
9 THE SECRETARY: Ayes, 55.
10 ACTING PRESIDENT MORAHAN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1465, by Senator C. Kruger, Senate Print 2554,
14 an act to amend the Family Court Act.
15 ACTING PRESIDENT MORAHAN: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MORAHAN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MORAHAN:
23 Announce the results.
24 THE SECRETARY: Ayes, 55.
25 ACTING PRESIDENT MORAHAN: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1534, by the Senate Committee on Rules, Senate
4 Print Number 5717B, an act to amend the Tax
5 Law.
6 ACTING PRESIDENT MORAHAN: There
7 is a local fiscal impact note at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MORAHAN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MORAHAN:
15 Announce the results.
16 THE SECRETARY: Ayes, 55.
17 ACTING PRESIDENT MORAHAN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1640, by Senator Saland, Senate Print 1467, an
21 act to amend Chapter 472 of the Laws of 1998.
22 ACTING PRESIDENT MORAHAN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MORAHAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MORAHAN:
5 Announce the results.
6 THE SECRETARY: Ayes, 55.
7 ACTING PRESIDENT MORAHAN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1641, by Senator Fuschillo, Senate Print 1634,
11 an act to amend the Tax Law.
12 ACTING PRESIDENT MORAHAN: Read
13 the last section.
14 THE SECRETARY: Section 7. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MORAHAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MORAHAN:
20 Announce the results.
21 THE SECRETARY: Ayes, 55.
22 ACTING PRESIDENT MORAHAN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1642, by Senator LaValle, Senate Print --
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1 SENATOR SKELOS: Lay it aside for
2 the day, please.
3 ACTING PRESIDENT MORAHAN: The
4 bill is laid aside for the day.
5 THE SECRETARY: Calendar Number
6 1643, by Senator Larkin, Senate Print 2082 --
7 SENATOR DUANE: Lay it aside,
8 please.
9 ACTING PRESIDENT MORAHAN: The
10 bill is laid aside.
11 THE SECRETARY: Calendar Number
12 1644, by Senator Rath, Senate Print 2329, an
13 act to amend the Tax Law.
14 ACTING PRESIDENT MORAHAN: There
15 is a local fiscal impact note at the desk.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first of April
19 next succeeding.
20 ACTING PRESIDENT MORAHAN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MORAHAN:
24 Announce the results.
25 THE SECRETARY: Those recorded in
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1 the negative on Calendar Number 1644 are
2 Senators Duane, Hassell-Thompson, Huntley,
3 L. Krueger and Stavisky.
4 Ayes, 50. Nays, 5.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1645, substituted earlier today by Member of
9 the Assembly Greene, Assembly Print Number
10 335, an act to amend the General Business Law.
11 ACTING PRESIDENT MORAHAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT MORAHAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1646, by Senator Maltese, Senate Print 3417,
25 an act to amend the General Municipal Law.
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1 ACTING PRESIDENT MORAHAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 55.
11 ACTING PRESIDENT MORAHAN: The
12 bill is passed.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1647, by Senator Larkin, Senate Print 38 --
16 SENATOR DUANE: Lay it aside,
17 please.
18 ACTING PRESIDENT MORAHAN: The
19 bill is laid aside.
20 THE SECRETARY: Calendar Number
21 1648, by Senator Young, Senate Print 4571, an
22 act to amend the Real Property Tax Law.
23 ACTING PRESIDENT MORAHAN: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MORAHAN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT MORAHAN:
6 Announce the results.
7 THE SECRETARY: Ayes, 55.
8 ACTING PRESIDENT MORAHAN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1649, by Senator Leibell, Senate Print 4713,
12 an act authorizing and conferring
13 jurisdiction.
14 ACTING PRESIDENT MORAHAN: Read
15 the last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MORAHAN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MORAHAN:
22 Announce the results.
23 THE SECRETARY: Ayes, 55.
24 ACTING PRESIDENT MORAHAN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1651, by Senator Alesi, Senate Print 5011, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT MORAHAN: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Senator Montgomery, to explain her vote.
13 SENATOR MONTGOMERY: Yes,
14 Mr. President, just very briefly.
15 I am going to support this
16 legislation. It's a tax exemption to
17 residents for petroleum products.
18 But I just think that it's
19 important for us to be cautious about this
20 program that we have going here in these last
21 few weeks, and that is giving tax exemptions
22 everywhere for everything without
23 consideration of what it means and what it
24 will mean to our state in the long run.
25 And on the other hand, I note that
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1 we are also allowing localities to extend
2 their local taxes. So we're sort of taking
3 out of one pocket and putting in the other.
4 And I just think we should be much more
5 careful in how we do this as it relates to
6 both the burden of taxes on our citizens as
7 well as what is going to happen to the revenue
8 stream for the state.
9 But I'm going to support this
10 legislation.
11 Thank you, Mr. President.
12 ACTING PRESIDENT MORAHAN:
13 Senator Montgomery will be recorded in the
14 affirmative.
15 Announce the results.
16 THE SECRETARY: Ayes, 53. Nays,
17 2. Senators L. Krueger and LaValle recorded
18 in the negative.
19 ACTING PRESIDENT MORAHAN: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1652, by Senator DeFrancisco, Senate Print
23 5092, an act to amend the Penal Law.
24 ACTING PRESIDENT MORAHAN: Read
25 the last section.
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1 THE SECRETARY: Section 5. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT MORAHAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MORAHAN:
7 Senator DeFrancisco, to explain his vote.
8 SENATOR DeFRANCISCO: Thank you,
9 Mr. President.
10 This bill is modeled after the
11 forfeiture provisions that are currently in
12 law concerning drug offenders, people selling
13 drugs. In situations of drug sellers,
14 currently they not only can be punished
15 criminally, but they can forfeit the property
16 they would otherwise use in the commission of
17 the particular offense. And the theory being
18 that it's just another tool in the arsenal of
19 the public against a very heinous crime, drug
20 dealing.
21 This bill does the same thing with
22 respect to sex crimes against children. It
23 provides for virtually the identical
24 forfeiture process for forfeiting assets that
25 are used in furtherance of the commission of
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1 that crime against the child, a sex crime
2 against a child.
3 And the money that's raised in this
4 fashion is to be placed in a fund that's
5 basically used to help children and inform
6 children and to broadcast to the world how
7 important it is certain things that children
8 should be aware of to avoid sex offenses
9 against them.
10 So it's, I think, a very good bill.
11 Certainly sex offenses against children are as
12 serious as drug offenses that have similar
13 forfeiture provisions. And I would vote aye
14 on this bill.
15 ACTING PRESIDENT MORAHAN: Thank
16 you, Senator.
17 Senator DeFrancisco will be
18 recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 55. Nays,
21 0.
22 ACTING PRESIDENT MORAHAN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1653, substituted earlier today by Member of
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1 the Assembly Lancman, Assembly Print Number
2 7885A, an act to amend the Executive Law.
3 ACTING PRESIDENT MORAHAN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect January 1, 2008.
7 ACTING PRESIDENT MORAHAN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT MORAHAN:
11 Announce the results.
12 THE SECRETARY: Ayes, 55.
13 ACTING PRESIDENT MORAHAN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1656, by Senator Morahan, Senate Print 5698,
17 an act to amend the Real Property Tax Law.
18 ACTING PRESIDENT MORAHAN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect July 1, 2009.
22 ACTING PRESIDENT MORAHAN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MORAHAN:
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1 Announce the results.
2 THE SECRETARY: Ayes, 55.
3 ACTING PRESIDENT MORAHAN: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1658, by Senator Young, Senate Print 5891, an
7 act to amend Chapter 78 of the Laws of 1981.
8 ACTING PRESIDENT MORAHAN: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MORAHAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MORAHAN:
16 Announce the results.
17 THE SECRETARY: Ayes, 55.
18 ACTING PRESIDENT MORAHAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1659, by Senator Nozzolio, Senate Print 5919,
22 an act to amend the Agriculture and Markets
23 Law.
24 ACTING PRESIDENT MORAHAN: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MORAHAN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MORAHAN:
7 Announce the results.
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT MORAHAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1660, by Senator O. Johnson, Senate Print
13 5928, an act to authorize the Commissioner of
14 Transportation.
15 ACTING PRESIDENT MORAHAN: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MORAHAN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MORAHAN:
23 Announce the results.
24 THE SECRETARY: Ayes, 55.
25 ACTING PRESIDENT MORAHAN: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1661, by Senator Saland, Senate Print 5932, an
4 act to amend Chapter 748 of the Laws of 1991.
5 ACTING PRESIDENT MORAHAN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MORAHAN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MORAHAN:
13 Announce the results.
14 THE SECRETARY: Ayes, 55.
15 ACTING PRESIDENT MORAHAN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1662, by Senator Golden, Senate Print 5992, an
19 act to amend the Real Property Tax Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 55.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1663, by Senator Padavan, Senate Print 6022,
9 an act to amend the Retirement and Social
10 Security Law.
11 ACTING PRESIDENT MORAHAN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 55.
21 ACTING PRESIDENT MORAHAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1664, by Senator Winner, Senate Print 6049, an
25 act to amend the Executive Law.
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1 ACTING PRESIDENT MORAHAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Announce the results.
10 THE SECRETARY: Ayes, 54. Nays,
11 1. Senator Duane recorded in the negative.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 Senator Skelos, that completes the
15 noncontroversial reading of the calendar.
16 SENATOR SKELOS: Mr. President,
17 if we could, there were three bills on the
18 noncontroversial calendar that were laid aside
19 temporarily.
20 If you could call up Calendar
21 Number 385 at this time.
22 ACTING PRESIDENT MORAHAN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 385, by Senator Trunzo, Senate Print 1260, an
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1 act to amend the Social Services Law.
2 SENATOR TRUNZO: I'd like to
3 place a sponsor's star on that particular
4 bill.
5 ACTING PRESIDENT MORAHAN:
6 Calendar Number 385 will be starred at the
7 request of the sponsor.
8 SENATOR TRUNZO: Thank you.
9 ACTING PRESIDENT MORAHAN:
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could, Calendar Number 506 was laid
13 aside temporarily. If we could call it up at
14 this time.
15 ACTING PRESIDENT MORAHAN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 506, by Senator Larkin, Senate Print 186A, an
19 act to amend the Public Health Law.
20 ACTING PRESIDENT MORAHAN: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 180th day.
24 ACTING PRESIDENT MORAHAN: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT MORAHAN:
3 Announce the results.
4 THE SECRETARY: Ayes, 53. Nays,
5 2. Senators Duane and Hassell-Thompson
6 recorded in the negative.
7 ACTING PRESIDENT MORAHAN: The
8 bill is passed.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 Calendar Number 515 was laid aside
12 temporarily. If you could call it up at this
13 time.
14 ACTING PRESIDENT MORAHAN: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 515, by Senator O. Johnson, Senate Print 1287,
18 an act to amend the Executive Law.
19 ACTING PRESIDENT MORAHAN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MORAHAN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MORAHAN:
2 Announce the results.
3 THE SECRETARY: Ayes, 54. Nays,
4 1. Senator Duane recorded in the negative.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 Senator Skelos.
8 SENATOR SKELOS: On the
9 noncontroversial calendar, Calendar Number 855
10 was laid aside temporarily. If you could call
11 it up at this time.
12 ACTING PRESIDENT MORAHAN: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 855, by Senator Seward, Senate Print 2635, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT MORAHAN: There
18 is a local fiscal impact note at the desk.
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of a
22 sales tax quarterly period.
23 ACTING PRESIDENT MORAHAN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MORAHAN:
2 Announce the results.
3 THE SECRETARY: Ayes, 54. Nays,
4 1. Senator Duane recorded in the negative.
5 ACTING PRESIDENT MORAHAN: The
6 bill is passed.
7 SENATOR SKELOS: Mr. President,
8 if you would recognize Senator Saland.
9 ACTING PRESIDENT MORAHAN:
10 Senator Saland.
11 SENATOR SALAND: Thank you,
12 Mr. President.
13 Mr. President, I would ask, through
14 the courtesy of the house, unanimous consent.
15 I was not in the chamber when Calendar Number
16 128 passed, and I would welcome the
17 opportunity to explain my vote because of the
18 very unique and unfortunate circumstances that
19 really were the reason why this bill, which
20 has passed in the Assembly now and will go to
21 the Governor, was introduced.
22 Some two years ago, a couple in my
23 district, Tim and Laura Lentz, came to see me
24 with an extraordinarily tragic story that
25 involved the loss of their 2-1/2-year-old son,
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1 who, on the 1st of May of 2005, had wandered
2 out and wandered onto a property in the area
3 in which the Lentzes live and, unbeknownst to
4 them, late that prior summer these people had
5 built a swimming pool, put up temporary
6 fencing. The temporary fencing unfortunately
7 had gone into disrepair -- in fact, for all
8 intents and purposes, had fallen down and
9 offered absolutely no protection whatsoever to
10 keep a child from wandering into the pool.
11 And this child, Matthew Lentz, a
12 2-1/2-year-old child, was found in that pool,
13 on top of a pool cover -- it wasn't a safety
14 cover -- and he died in 2 1/2 feet of water.
15 Laura Lentz and her husband have
16 labored long and hard to try and ensure that
17 other children be better protected than was
18 her son, their son. And what this bill does
19 it to try to accomplish that.
20 There are in the residential code
21 certainly provisions for adequate fencing.
22 The problem, however, is that the code does
23 not provide anything with regard to duration
24 of that fencing nor permanency of that
25 fencing. And what this legislation does, it
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1 basically says you've got to get that fence up
2 within 90 days, subject to certain conditions.
3 And it provides, I think, far
4 greater protection to other toddlers and young
5 children so that their parents and their loved
6 ones, their guardians, will be spared the
7 horrible ordeal that the Lentzes have
8 unfortunately had to endure. But I certainly
9 commend them for their fortitude, their
10 diligence, and their commitment to try to help
11 children of other families.
12 Thank you, Mr. President.
13 ACTING PRESIDENT MORAHAN: You're
14 welcome, Senator Saland.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there will be an immediate meeting of the
18 Rules Committee in the Majority Conference
19 Room.
20 ACTING PRESIDENT MORAHAN: There
21 will be an immediate meeting of the Rules
22 Committee in the Majority Conference Room.
23 The Senate will stand at ease.
24 (Whereupon, the Senate stood at
25 ease at 11:58 a.m.)
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1 (Whereupon, the Senate reconvened
2 at 12:09 p.m.)
3 ACTING PRESIDENT MORAHAN:
4 Senator Skelos.
5 SENATOR SKELOS: Thank you,
6 Mr. President.
7 If we could return to reports of
8 standing committees, I believe there's a
9 report of the Rules Committee at the desk. I
10 ask that it be read at this time.
11 ACTING PRESIDENT MORAHAN:
12 Reports of standing committees.
13 The Secretary will read.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, reports the
16 following bills:
17 Senate Print 234, by Senator
18 Larkin, an act to amend the State Finance Law;
19 2449A, by Senator Golden, an act to
20 amend the Public Health Law;
21 3202, by Senator LaValle, an act to
22 amend the Tax Law;
23 3308, by Senator Wright, an act to
24 amend the Tax Law;
25 4630B, by Senator Saland, an act to
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1 amend the Domestic Relations Law;
2 4921A, by Senator Lanza, an act to
3 authorize;
4 5676A, by Senator Young, an act to
5 amend the Agriculture and Markets Law;
6 5746A, by Senator Stachowski, an
7 act to authorize;
8 5806, by Senator Flanagan, an act
9 to repeal;
10 5868, by Senator Padavan, an act to
11 amend the Education Law;
12 5939, by the Senate Committee on
13 Rules, an act to amend the Tax Law;
14 5969, by the Senate Committee on
15 Rules, an act to amend the Tax Law;
16 5975, by Senator O. Johnson, an act
17 to amend Chapter 589 of the Laws of 2000;
18 5980, by Senator Winner, an act to
19 amend the Correction Law;
20 5982A, by Senator Wright, an act to
21 amend the Transportation Law;
22 5985, by Senator Leibell, an act to
23 authorize;
24 5990, by Senator Golden, an act to
25 amend the Private Housing Finance Law;
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1 6004, by Senator Griffo, an act to
2 amend the Education Law;
3 6061, by the Senate Committee on
4 Rules, an act to amend the Tax Law.
5 6081, by Senator Volker, an act to
6 authorize;
7 6100, by Senator Griffo, an act to
8 amend the Civil Service Law;
9 And Senate Print 6119, by Senator
10 Bruno, an act to amend the Education Law and
11 the Real Property Tax Law.
12 All bills ordered direct to third
13 reading.
14 ACTING PRESIDENT MORAHAN:
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 move to accept the report of the Rules
18 Committee.
19 ACTING PRESIDENT MORAHAN: On the
20 motion to move the report of the Rules
21 Committee, all in favor say aye.
22 (Response of "Aye.")
23 ACTING PRESIDENT MORAHAN:
24 Opposed, nay.
25 (No response.)
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1 ACTING PRESIDENT MORAHAN: The
2 report is accepted.
3 SENATOR SKELOS: Thank you,
4 Mr. President.
5 For the members that are not in the
6 chamber, we're now going to take up the Senate
7 Supplemental Calendar 60A, noncontroversial.
8 If you wish to register a no vote, you should
9 be in the chamber.
10 ACTING PRESIDENT MORAHAN: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 1666, by Senator Larkin, Senate Print 234, an
14 act to amend the State Finance Law and the
15 Military Law.
16 ACTING PRESIDENT MORAHAN: Read
17 the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MORAHAN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT MORAHAN:
24 Announce the results.
25 THE SECRETARY: Ayes, 56.
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1 ACTING PRESIDENT MORAHAN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1668, by Senator LaValle, Senate Print 3202,
5 an act to amend the Tax Law.
6 ACTING PRESIDENT MORAHAN: Read
7 the last section.
8 THE SECRETARY: Section 7. This
9 act shall take effect on the first day of a
10 sales tax quarterly period.
11 ACTING PRESIDENT MORAHAN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT MORAHAN:
15 Announce the results.
16 THE SECRETARY: Ayes, 56.
17 ACTING PRESIDENT MORAHAN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1669, by Senator Wright, Senate Print 3308, an
21 act to amend the Tax Law.
22 ACTING PRESIDENT MORAHAN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MORAHAN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MORAHAN:
5 Announce the results.
6 THE SECRETARY: Ayes, 55. Nays,
7 1. Senator L. Krueger recorded in the
8 negative.
9 ACTING PRESIDENT MORAHAN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1670, by Senator Saland, Senate Print 4630B,
13 an act to amend the Domestic Relations Law.
14 ACTING PRESIDENT MORAHAN: Read
15 the last section.
16 THE SECRETARY: Section 10. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT MORAHAN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MORAHAN:
22 Announce the results.
23 THE SECRETARY: Ayes, 56.
24 ACTING PRESIDENT MORAHAN: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1671, by Senator Lanza, Senate Print 4921A, an
3 act to authorize the City of New York to
4 discontinue.
5 ACTING PRESIDENT MORAHAN: There
6 is a home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 5. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MORAHAN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MORAHAN:
14 Announce the results.
15 THE SECRETARY: Ayes, 56.
16 ACTING PRESIDENT MORAHAN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1672, by Senator Young, Senate Print 5676A, an
20 act to amend the Agriculture and Markets Law.
21 ACTING PRESIDENT MORAHAN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MORAHAN: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MORAHAN:
4 Announce the results.
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT MORAHAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1673, by Senator Stachowski, Senate Print
10 5746A, an act to authorize the Town of
11 Cheektowaga.
12 ACTING PRESIDENT MORAHAN: There
13 is a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MORAHAN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MORAHAN:
21 Announce the results.
22 THE SECRETARY: Ayes, 56.
23 ACTING PRESIDENT MORAHAN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1674, by Senator Flanagan, Senate Print 5806,
2 an act to repeal the Community Facilities
3 Project Guarantee Fund Act.
4 ACTING PRESIDENT MORAHAN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MORAHAN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MORAHAN:
12 Announce the results.
13 THE SECRETARY: Ayes, 56.
14 ACTING PRESIDENT MORAHAN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1675, by Senator Padavan, Senate Print 5868,
18 an act to amend the Education Law.
19 ACTING PRESIDENT MORAHAN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MORAHAN: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT MORAHAN:
2 Announce the results.
3 THE SECRETARY: Ayes, 54. Nays,
4 2. Senators Hassell-Thompson and L. Krueger
5 recorded in the negative.
6 ACTING PRESIDENT MORAHAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1676, by the Senate Committee on Rules, Senate
10 Print 5939, an act to amend the Tax Law.
11 ACTING PRESIDENT MORAHAN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MORAHAN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT MORAHAN:
19 Announce the results.
20 THE SECRETARY: Ayes, 56.
21 ACTING PRESIDENT MORAHAN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1677, by the Senate Committee on Rules, Senate
25 Print Number 5969, an act to amend the Tax
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1 Law.
2 ACTING PRESIDENT MORAHAN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MORAHAN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT MORAHAN:
10 Announce the results.
11 THE SECRETARY: Ayes, 56.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 Senator Bonacic, to explain his
15 vote.
16 SENATOR BONACIC: Thank you,
17 Mr. President.
18 I think the number-one issue on the
19 people's minds in many parts of the state of
20 New York is to eliminate the rising school
21 property taxes. What is happening in our
22 state is that the cost of owning a home is
23 escalating and that people's wages are not
24 keeping up with the rising taxes and the
25 rising interest rates.
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1 People have to choose between
2 saving their house and voting on school
3 budgets. We continue in this house to take
4 steps --
5 SENATOR LaVALLE: Mr. President,
6 what bill number are we on?
7 ACTING PRESIDENT MORAHAN: We're
8 on Calendar Number 1677, Bill Number 5969, by
9 Rules, regarding a sales tax issue for
10 Delaware County.
11 SENATOR LaVALLE: Thank you,
12 Mr. President.
13 SENATOR BONACIC: Mr. President,
14 it was my error. I thought that the bill
15 before us was Bill Number 1687, by Senator
16 Bruno, on school property taxes.
17 I will reserve my remarks for when
18 that comes up. And I apologize to the members
19 of the chamber.
20 ACTING PRESIDENT MORAHAN:
21 Apology accepted. Thank you very much,
22 Senator Bonacic.
23 The Secretary will read.
24 THE SECRETARY: In relation to
25 Calendar Number 1678, Senator O. Johnson moves
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1 to discharge, from the Committee on Rules,
2 Assembly Bill Number 8304 and substitute it
3 for the identical Senate Bill Number 5975,
4 Third Reading Calendar 1678.
5 ACTING PRESIDENT MORAHAN:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1678, by Member of the Assembly Englebright,
10 Assembly Print Number 8304, an act to amend
11 Chapter 589 of the Laws of 2000.
12 ACTING PRESIDENT MORAHAN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MORAHAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MORAHAN:
20 Announce the results.
21 THE SECRETARY: Ayes, 56.
22 ACTING PRESIDENT MORAHAN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1679, by Senator Winner, Senate Print --
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1 SENATOR DUANE: Lay it aside,
2 please.
3 ACTING PRESIDENT MORAHAN: The
4 bill is laid aside.
5 THE SECRETARY: Calendar Number
6 1680, by Senator Wright, Senate Print 5982A,
7 an act to amend the Transportation Law.
8 ACTING PRESIDENT MORAHAN: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MORAHAN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MORAHAN:
16 Announce the results.
17 THE SECRETARY: Ayes, 56.
18 ACTING PRESIDENT MORAHAN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1681, by Senator Leibell, Senate Print 5985,
22 an act to authorize John P. O'Leary to apply
23 for retroactive membership.
24 ACTING PRESIDENT MORAHAN: A
25 home-rule message is at the desk.
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1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MORAHAN: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MORAHAN:
8 Announce the results.
9 THE SECRETARY: Ayes, 56.
10 ACTING PRESIDENT MORAHAN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1682, by Senator Golden, Senate Print 5990, an
14 act to amend the Private Housing Finance Law.
15 ACTING PRESIDENT MORAHAN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MORAHAN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT MORAHAN:
23 Announce the results.
24 THE SECRETARY: Ayes, 56.
25 ACTING PRESIDENT MORAHAN: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1683, by Senator Griffo, Senate Print 6004, an
4 act to amend the Education Law.
5 ACTING PRESIDENT MORAHAN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the first of July.
9 ACTING PRESIDENT MORAHAN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT MORAHAN:
13 Announce the results.
14 THE SECRETARY: Ayes, 56.
15 ACTING PRESIDENT MORAHAN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1684, by the Senate Committee on Rules, Senate
19 Print Number 6061, an act to amend the Tax
20 Law.
21 ACTING PRESIDENT MORAHAN: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MORAHAN: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT MORAHAN:
4 Announce the results.
5 THE SECRETARY: Ayes, 56.
6 ACTING PRESIDENT MORAHAN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1687, by Senator Bruno, Senate Print 6119, an
10 act to amend the Education Law and the Real
11 Property Tax Law.
12 ACTING PRESIDENT MORAHAN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MORAHAN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT MORAHAN:
20 Senator Saland, to explain his vote.
21 SENATOR SALAND: Thank you,
22 Mr. President.
23 Mr. President, over the course of
24 certainly my service in this house, and even
25 before that, the Senate has always been in the
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1 forefront of trying to deal with the issue of
2 both real property tax relief and real
3 property tax reform, certainly in the context
4 particularly of school tax relief and school
5 tax reform.
6 Back as recently as a couple of
7 years ago, in December of '05, we announced
8 what was the precursor of the STAR rebate
9 program. Yesterday this house, with near
10 unanimity, passed another school property tax
11 relief proposal which would have the state
12 pick up the employer's share of the teacher's
13 retirement system payments and require that
14 those dollars be used to reduce local tax
15 levies or, in the case of City of New York,
16 local tax levies and the PIT.
17 What's before us today is a
18 comprehensive or omnibus bill which attempts
19 to deal as broadly as possible with a number
20 of different components of the school tax
21 reform issue.
22 On the one hand, there's a measure
23 which proposes -- the measure in part proposes
24 to provide an optional system whereby school
25 districts, through acts of their local
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1 residents and taxpayers, could opt in for a
2 state takeover of the local property tax
3 portion on primary residences, a measure that
4 would phase in over a period of five years
5 after which, assuming all 670 or so
6 independent school districts opted in, would
7 result in an expense to the state of
8 approximately $9 billion to $9.5 billion,
9 offset by anticipated revenues of some
10 $33 billion over that same period.
11 This measure would not require the
12 state to be responsible for capital costs.
13 Assuming schools wanted to build Taj
14 Mahal-type buildings, or school boards or
15 school superintendents, local taxpayers would
16 be the check on that. At the end of five
17 years, there would be a CPI increase.
18 This is certainly a measure which
19 would afford and respond to the constant
20 clamor that we hear from virtually every
21 suburban and rural school district throughout
22 the state. And there are certainly any number
23 of hot spots, particularly including the
24 region in which I live, which are clamoring
25 for real property tax reform.
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1 In addition, there are components
2 of this bill that reflect measures that have
3 been seen in this house as introduced by
4 Senator Little, and I'm sure she may well want
5 to comment on those; the blue ribbon
6 commission that this house has done
7 previously; mandate relief, which I have
8 offered in this house on more than one
9 occasion, which would remove the burden of
10 unfunded mandates from local districts; and
11 certainly senior citizen property tax relief,
12 something that's been of great interest to
13 many and of interest particularly to
14 Senator Little and Senator LaValle.
15 This proposal is really where it's
16 at. Many people talk about tax reform, real
17 property tax reform, school tax reform. The
18 Governor has identified it as a priority.
19 There are people in the Assembly who speak of
20 the importance and the critical need for
21 school tax reform. And yet words without
22 action tend to be empty.
23 We are here today advancing this
24 bill and saying to the other parties -- the
25 Governor, the Assembly -- if you have
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1 something, the time for talk has long since
2 expired. Put it out there, let us see it,
3 engage us. If it's as important as you claim
4 it is, there has to be some alternative that
5 you would propose.
6 We are the only game in town, have
7 been the only game in town for a number of
8 years. And it's time not merely to talk the
9 talk, it's time to walk the walk. And we
10 invite both the second floor and our cotenants
11 here on the third floor to do something -- not
12 sit on their hands, not engage in idle
13 rhetoric, do something. Tell people that you
14 really have a plan.
15 Let's provide more than lip
16 service. If you don't like what we have, show
17 us something better. We're eager to see it.
18 But for God's sake do something. People are
19 desperate for reform. Seniors are forced to
20 sell their houses. Young people can't afford
21 to buy a house. People in between struggle
22 with critical decisions to make as to how
23 they're going to fund their budgets.
24 Please do something. The pain is
25 at the point of where it's unbearable. We,
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1 with this comprehensive package, are doing our
2 best to advance this and hope that somebody
3 would have the intestinal fortitude to engage,
4 whether it be the second floor or, as I said,
5 our friends in the Assembly.
6 Thank you, Mr. President. Needless
7 to say, I'm very much in support of this bill,
8 as are my colleagues on this side of the
9 aisle.
10 ACTING PRESIDENT WRIGHT: Thank
11 you.
12 Senator Bonacic.
13 SENATOR BONACIC: Thank you,
14 Mr. President.
15 I'd like to start by thanking
16 Senator Saland, Senator LaValle, Senator
17 Larkin, Senator Little, who have all stepped
18 up with legislation, including myself, to try
19 to address the escalation in property taxes.
20 It affects all segments of our population, in
21 the Island, the Hudson Valley, the
22 Adirondacks, our seniors, our middle class
23 families, and our young people.
24 And right now we're about
25 53 percent above the national average when it
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1 comes to the amount of our school taxes. And
2 we pay about $14,000 per pupil, the highest in
3 the nation. And we've given, the last two
4 years, record increases in school aid. Yet
5 what's happening to property taxes? In my
6 district, the Hudson Valley, they went up 5,
7 6 percent this past time, when we gave
8 $1.8 billion.
9 This house has acted responsibly.
10 They have recognized that this is the
11 number-one people's issue, school property
12 taxes. And yet we can't get the Assembly to
13 act. The Assembly seems to talk a good game,
14 but they don't move any legislation at all.
15 Some of the stuff they've done --
16 and by the way, they've passed 629 bills as of
17 yesterday in that house. Things such as corn
18 as a state vegetable, which we talked about a
19 little bit; defining an electric-assisted
20 bicycle; directing the DEC to update their
21 brochures; permitting wine tastings between
22 4:00 and 10 o'clock. Making the phrase "I
23 Love New York" the official state slogan, as
24 opposed to the unofficial state slogan "I love
25 New York, but I hate the high taxes."
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1 So don't you think that the
2 Assembly would at least address -- I know in
3 Westchester, the Hudson Valley, I know in
4 Nassau and Suffolk, it's affecting all of our
5 constituents very, very badly. I ask my
6 Senate colleagues to reach into the other
7 house, make it a priority to address school
8 property taxes. We have provided a solution.
9 The Assembly has done absolutely nothing.
10 And all of this legislation is for
11 referendum. Let the people decide whether
12 they want to eliminate school property tax and
13 look to the state for added sources of
14 revenue. We empower the people to determine
15 whether they want to keep the status quo or
16 start phasing out school property taxes.
17 So I again thank every colleague in
18 this house for supporting our efforts, and we
19 ask the Assembly do something.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: Thank
22 you.
23 Senator Little.
24 SENATOR LITTLE: Thank you,
25 Mr. President.
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1 In the past year, I've attended a
2 number of groups that have formed within my
3 district, and they're all taxpayer groups.
4 Because they know and they believe -- and it's
5 true -- New York State has the highest
6 property taxes in the country.
7 And when I go to these groups, the
8 people are saying to me, Stop taxing our
9 property. We are reaching a point where we
10 have to make a decision as to whether we can
11 stay in our home or whether we need to move to
12 another state which has lower property taxes.
13 They are fearful when they go to their mailbox
14 to see what is the value of my house this
15 year, what are my taxes going to be this year.
16 We have rising property values in
17 New York State. There are several proposals
18 in here that we have proposed throughout the
19 past several years. But we've put them
20 together in a package that we're calling
21 New York Stop. New York, stop taxing our
22 property. And I think that this is a cry that
23 just about everybody in New York State can
24 make.
25 Not only are we calling again for
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1 that commission -- and we do have a bill and a
2 sponsor in the Assembly. It could easily pass
3 through the Assembly. If it was on the floor,
4 I'm sure it would pass. That commission would
5 look at all these bills and come up with a
6 consensus to change the way we raise taxes and
7 how we tax property in New York State and
8 reform the whole property tax system.
9 A second proposal that's in here
10 that I know, I know would be very, very
11 helpful to the people in my district and to
12 the people in your district, whether you're in
13 New York City, in Buffalo, Long Island, in the
14 Adirondacks, the Hudson Valley. It says that
15 for a 65-year-old person with an income less
16 than $100,000, we will freeze their taxable
17 value. Their assessment will stay at that
18 value for what they have to pay.
19 So their assessment, when they're
20 65, is this. The assessor continues to assess
21 their property, and it's going up. Regardless
22 of what they do to the property, the value
23 increases. And the state will make up the
24 difference. The assessor applies to the state
25 for the county, school, and town property
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1 taxes that this 65-year-old no longer has to
2 pay. That in itself would address the issue
3 of people not having the ability to pay their
4 property taxes.
5 I have a gentleman who is head of
6 one of our taxpayer groups who is in a home
7 that his family owned for years. It is on a
8 lake, so the value has gone crazy. But his
9 taxes are like $17,000 a year, and his income
10 is less than $70,000 a year. I mean, he
11 thought he had a good income. He hasn't added
12 anything to his house. It's just that the
13 value keeps going up.
14 So his choice, sell the house and
15 move elsewhere. In order to stay there, he is
16 not going to have the income to pay the
17 property taxes.
18 This bill freezes taxable value at
19 65 and lets the state pay the difference. And
20 then when he sells or moves, the house goes up
21 to its market value and you collect the taxes
22 from the next owner. Who, by the way, would
23 not buy that house if they didn't have the
24 income to go with it.
25 It's for our people who live in a
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1 house they've lived in for a long time,
2 they're doing nothing to it, but the market is
3 increasing so much that they no longer can
4 afford to pay those taxes.
5 That's one of the bills. The bill
6 that Senator Saland spoke about, Senator
7 Bonacic's bills. Senator LaValle has
8 proposals in here.
9 We have to do something. You
10 cannot sit back and talk about a myriad of
11 other issues when our constituents are talking
12 about nothing but property taxes.
13 I vote aye on this bill. I thank
14 everyone who has participated in putting it
15 together. And I really hope that this will be
16 a unanimous vote. Thank you.
17 ACTING PRESIDENT WRIGHT: Senator
18 Little will be recorded in the affirmative.
19 I would remind the members that
20 there are time limits on explanations of their
21 vote.
22 Senator LaValle.
23 SENATOR LaVALLE: Thank you,
24 Mr. President.
25 This body has repeatedly been a
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1 voice crying out in the wilderness. But as
2 you have heard from the speakers in our
3 districts, the voice of the people that we
4 represent is a constant, steady one, one of
5 cries, one of cries of "help."
6 And so I want to thank our Majority
7 Leader, Senator Bruno, for being so focused.
8 And I believe that in our term we are not
9 going to leave this Capitol without
10 significant real property tax relief.
11 This bill does something very, very
12 significant, something we've talked about with
13 our constituents over the years. And that is
14 reducing the pressure and the tax on school
15 real property taxes and moving that to the
16 broader-based taxes, which we do using the
17 sales tax, the income tax, the business taxes
18 when we use state aid to education. And this
19 is a very thoughtful bill and will bring a
20 great relief.
21 There are members here who have
22 their entire careers been focused on this
23 issue. I am convinced, as I am standing here
24 today with our Majority Leader -- and we
25 should hear what Senator Little said, this
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1 bill should pass unanimously so that everyone
2 in this Capitol hears that this body is united
3 in passing real property tax relief.
4 I vote in the affirmative,
5 Mr. President.
6 ACTING PRESIDENT WRIGHT: Senator
7 LaValle will be recorded in the affirmative.
8 Senator Rath.
9 SENATOR RATH: Thank you,
10 Mr. President.
11 I too rise to support this bill and
12 congratulate the sponsors of the several
13 pieces of legislation that are included in the
14 bill.
15 It occurs to me, as we are hoping
16 to pass this unanimously, that we need
17 partners, our partners not only in this
18 chamber but our partners in the Assembly and
19 our partner who sits on the second floor.
20 When I came to this Legislature a
21 number of years back, I came with the
22 intention of helping to reduce taxes. We have
23 worked mightily in this Senate on reducing
24 taxes in a variety of ways. The STAR program
25 has been helpful. Could we get a tax cap or a
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1 spending cap at that time when we put STAR
2 through? No, we couldn't. Spending is still
3 out of control in many places. The rebate, is
4 that helpful? Yes, the rebate dollars that go
5 back directly to the taxpayers, those are
6 helpful.
7 But it's still not real reform.
8 This is real reform of the way New York State
9 taxes and produces services, in partnership
10 with our school boards. Can we get the school
11 boards and the people in the school districts
12 to vote in favor of that? The people have a
13 chance here. They can do a petition,
14 25 percent of the people that voted in the
15 last school board election or people that
16 voted in the last election in the big five
17 school districts.
18 Here are our partners. And do you
19 know how I know they're going to be our
20 partners? Because they're looking at us right
21 now as the camera is trained at me and on my
22 colleagues, as we voted a long time ago and
23 now have these sessions televised.
24 So I'm imploring not only my
25 colleagues here in the chamber to vote
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1 unanimously for this, but for our constituents
2 out there throughout New York State: Call
3 your Assemblyman, call the Governor. Say you
4 want to be able to get this on the ballot in
5 your school district next year. You want a
6 chance to be able to eliminate school district
7 property taxes on primary residences.
8 It's real reform. I vote aye,
9 Mr. President.
10 ACTING PRESIDENT WRIGHT: Senator
11 Rath will be recorded in the affirmative.
12 I would remind the members that
13 conversations should be held outside the
14 chambers.
15 Senator Morahan.
16 SENATOR MORAHAN: Thank you,
17 Mr. President.
18 I too rise to support this
19 important legislation. Over the past year,
20 back home in my district, I have met with all
21 the school board and school superintendent --
22 school board presidents, school board
23 superintendents, as a group, talking about
24 mandates. One of the biggest mandates they
25 spoke of is the pension costs.
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1 Yesterday Senator Saland's bill --
2 our chair of education -- addressed that
3 issue, with the state assuming that
4 responsibility in the future should the
5 Assembly and the Governor join with us.
6 I also met with all the union heads
7 of all the districts about some of the things
8 that we do, we mandate, that takes time from
9 them, from their students, and makes educating
10 students even more expensive than it is. And
11 we have integrated their input.
12 We also met with business leaders
13 on the issue of fairness of the whole property
14 tax issue and where should we shift and how
15 should we shift the cost of education. And
16 the idea of a local referendum, the idea of
17 giving control back to the school districts
18 and the people within the school districts,
19 rang true with my constituents.
20 In addition, there's a particular
21 problem in one of my school districts wherein
22 two major plants, through a court certiorari,
23 won a $200 million settlement that the school
24 board, one school board, now has to pay to
25 those plant owners, escalating our property
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1 taxes beyond anyone's comprehension just a few
2 years ago.
3 We can't lose sight, however, when
4 we talk about property tax, of the other
5 taxes. Our concentration here obviously is on
6 the school tax, but we have town taxes,
7 village taxes. And we're always concerned if
8 some other entity or municipality will slide
9 into the vacuum that we may create, as we have
10 created with STAR, with the rebate program.
11 This is a universal bill. This is
12 a comprehensive bill. This is one that really
13 takes on the education of our children, off
14 the back of the local property taxpayer, gives
15 them options, and continues our efforts to
16 find a fairer way, a more just way to cover
17 the cost of educating our children.
18 But this one issue, property taxes
19 have reached a confiscatory level, it is the
20 hottest issue in the Hudson Valley area and
21 I'm sure throughout Long Island and other
22 suburban counties and upstate New York as
23 well, and even in the City. It has gotten
24 beyond what it is we can do. It has gotten
25 beyond what the people can pay.
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1 So I congratulate Senator Bruno for
2 bringing all of us together, all the proposals
3 that we've had on the table of various bills,
4 to make a universal bill, if you will, to get
5 this issue moving in the right direction.
6 And hopefully the Assembly will
7 join us on meaningful legislation. We're
8 prepared to meet with them. We're prepared to
9 conference with them. We're prepared to work
10 with them so that on behalf of all of our
11 taxpayers and the industry, if you will, of
12 New York and our job creation, all that is
13 related to property tax can get resolved in an
14 equitable and fair way.
15 Thank you, Mr. President.
16 ACTING PRESIDENT WRIGHT: Senator
17 Morahan will be recorded in the affirmative.
18 Senator Leibell.
19 SENATOR LEIBELL: Thank you,
20 Mr. President.
21 As you've heard from many of my
22 colleagues today explaining what is occurring
23 in their districts, I will also echo those
24 comments.
25 You cannot walk down a street in my
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1 home district without someone coming over and
2 speaking to you about this issue of property
3 taxes. In the course of my years both in the
4 Assembly and now in the Senate, I have never
5 seen an issue that has galvanized our
6 constituents like this one has.
7 And the reason is really quite
8 simple. The reason is people are being forced
9 out of their homes, they're making
10 determinations on moving out of New York
11 State, of leaving their businesses because of
12 this onerous tax.
13 I can see here today, up in the
14 gallery, many young people. And I can assume
15 that most of them are probably from New York
16 State. I would hope that as their future
17 unfolds they would wish to go to school here,
18 get higher education here, be employed here
19 and continue to live their lives in New York
20 State.
21 However, if we don't come to grips
22 now, right now, with this problem of property
23 taxes, we will make this state a tale, if you
24 think of the book title "A Tale of Two
25 Cities," a tale of two states. And it will be
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1 a state of the very wealthy and possibly the
2 very poor, but the middle class will look for
3 the exit sign.
4 We are financing education today
5 through what I believe to be an archaic system
6 that long ago outlived its usefulness. We
7 have a package of legislation that's been put
8 before this house, and I compliment all the
9 sponsors for their work -- and the staff --
10 that has gone into this. I believe that if
11 enacted, these bills will go a long way
12 towards addressing the problem of property tax
13 relief that is so necessary for New York
14 State.
15 My colleagues, we have to act. We
16 have no choice. The time is now. And we can
17 only hope that our colleagues in the other
18 house will do the same and that the Governor,
19 that the Governor will recognize the
20 importance of this issue to the future of the
21 Empire State.
22 Thank you, Mr. President. I vote
23 aye.
24 ACTING PRESIDENT MORAHAN: Thank
25 you, Senator Leibell. You will be recorded in
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1 the affirmative.
2 Senator Larkin.
3 SENATOR LARKIN: Thank you,
4 Mr. President. I rise in support of this
5 legislation.
6 You know, when you get as old as
7 Tom Morahan and I, you have to look at the
8 future and you have to say, how long can I
9 stay here. The number-one issue wherever I go
10 in my district is when, when are you people in
11 Albany -- the Assembly, Senate and the
12 Governor -- going to sit down and do something
13 so that we won't have to vote with our feet.
14 Because that's what's happening to our state.
15 Earlier in a press conference today
16 we talked about how many United States
17 Congressmen we had at one time: 45. We're
18 down to 29. And in the next census, we'll
19 probably be down to 25, 26, or 27. Because
20 people are voting with their feet. They
21 cannot afford to stay in the state.
22 When you start asking young people
23 to reside with their parents and live near
24 their parents, they'd love to. If their
25 parents are rich like Neil Breslin -- I woke
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1 you up, huh? -- they'll be able to stay here.
2 But if they're ordinary New Yorkers, they're
3 going to find it's a problem, because we tax
4 and tax and tax. When do we start to think
5 about doing something?
6 Well, this bill does something.
7 You know, there's two issues on this bill --
8 and there's many that everybody should read,
9 but there's two things when you talk about
10 someone age 65 or over, with an income of
11 $100,000 or less. People tell me that in
12 New York City, that's a drop in the bucket.
13 But that's where you start. Should we maybe
14 change it later on?
15 Senator Lanza said we should review
16 it. Senator Marcellino says you have to
17 understand what it means out on Long Island to
18 us. It means the survival of the state.
19 Are we going to be the last one to
20 put the lights out when we leave this state?
21 I hope not.
22 We come to Albany to do something,
23 to tell the people back home we are there for
24 you, we're your representative. And their
25 answer is very clear: Then when are you going
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1 to do something that will enable me to
2 survive?
3 Survival is the issue. It isn't
4 something that people say I can do it. I
5 visited about a hundred senior citizens in the
6 past two months at their home. And when I
7 went in, the first thing they said is, Help
8 us. Help me. Let me stay here so I can watch
9 my children, my grandchildren and my
10 great-grandchildren rise up and be future
11 parts of this state. Don't force me to sell
12 and move thousands of miles away where the
13 property is cheaper.
14 One county in North Carolina, a
15 three-bedroom home, 2 1/2 baths, two-car
16 garage, sits on three-quarters of an acre in a
17 cul-de-sac. Total taxes -- garbage, water
18 sewers -- $923 a year. You know how I know
19 it? It's mine.
20 And when I look around in my area
21 that I live in, young people can't afford it.
22 The taxes for just school in our area is
23 $16,000 to $20,000. What young person coming
24 out of college, trying to start a family or
25 just be a worker, where can they go when
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1 they're paying that kind of taxes? They can't
2 live near their families.
3 So what are they doing? Goodbye,
4 mom. Goodbye, dad. Call me. We're going to
5 Arizona, the Carolinas, someplace else.
6 Why don't we get here together,
7 pass this bill -- it should be passed
8 unanimously -- and then tell the Assembly and
9 the Governor, join the people of the State of
10 New York, give them an incentive to stay in
11 New York and raise their family. Give the
12 seniors that incentive to say I'm proud to be
13 a New Yorker.
14 Let's not just turn around and put
15 some more garbage out there that we're going
16 to do this and we're going to do that. Now is
17 the time to act. Read this bill and make sure
18 you vote today. Vote for today, vote for the
19 future of New York tomorrow.
20 Thank you.
21 ACTING PRESIDENT MORAHAN: Thank
22 you, Senator Larkin. You will be recorded in
23 the affirmative.
24 Senator Hannon.
25 SENATOR HANNON: Thank you,
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1 Mr. President.
2 ACTING PRESIDENT MORAHAN: To
3 explain his vote, which usually takes a couple
4 of minutes.
5 SENATOR HANNON: Thank you,
6 Mr. President.
7 ACTING PRESIDENT MORAHAN: You're
8 welcome.
9 SENATOR HANNON: I appreciate the
10 ability to rise and explain my support for
11 this important legislation. I thank Senator
12 Bruno and Senators Little, Bonacic and Saland
13 for bringing this to the floor.
14 Stopping the rise in property
15 taxes, a freeze for assessments for seniors, a
16 blue ribbon commission, and mandate relief are
17 important items to add to our legislative
18 agenda.
19 As I was negotiating a piece of
20 legislation for a company that's in my
21 district for needing a foreign trade zone
22 extension, I was talking to the young CFO of
23 that company, someone who has left a Big Five
24 accounting firm, and he explained to me that
25 while he could have located in my district or
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1 in North Carolina, that he chose to locate in
2 North Carolina and commute. Because the taxes
3 were a difference between under $1,000 a year
4 and $9,000 a year.
5 I can't think of having a system
6 that is a bigger deterrent to the future of
7 this state than the way we have allowed our
8 property tax system to evolve. And it's worse
9 and worse because the federal government, with
10 their alternate minimum tax, no longer allows
11 the full deduction for property taxes that we
12 used to have.
13 So putting this freeze in, allowing
14 the opportunity for a local school district,
15 by petition, to opt into this, making it
16 voluntary for them but also making it more
17 predictable for where the costs will be to a
18 school district in the future is something we
19 need to do.
20 Thank you. I vote in the
21 affirmative.
22 ACTING PRESIDENT MORAHAN: Thank
23 you, Senator Hannon. You will be recorded in
24 the affirmative.
25 Senator Volker, to explain his
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1 vote.
2 SENATOR VOLKER: Mr. President,
3 very quickly.
4 I do not want my silence to be
5 interpreted as to the fact that we upstaters
6 and way-upstaters don't feel the pinch of real
7 property taxation. We certainly do.
8 We realize, I think -- well, a lot
9 of my constituents probably don't realize that
10 downstate New York has probably the highest
11 taxation in the United States of America, or
12 certainly close to it. And certainly it's not
13 the state's total fault by any means. But
14 whoever is at fault for it, we desperately
15 need to move on the issue of taxation.
16 For 12 years this body probably
17 passed more tax-cut legislation than anybody
18 in the United States of America. And the
19 result of that was that New York cut more
20 taxes on a state level than any state in the
21 union ever has.
22 Now, people like the Business
23 Council and a lot of people, particularly in
24 downstate New York, frankly paid almost no
25 attention. To this day I tell people, you
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1 know, We cut an enormous amount of taxes.
2 They say: Oh, that's nice, good job. We're
3 now, I think, sixth or seventh in the country
4 in per-capita state taxes.
5 However, what people are telling
6 you, and it's correct, that if you put
7 everything together, particularly from
8 Syracuse east, you have the highest taxation
9 in the United States of America.
10 But even though, you know, our
11 taxes are not as high -- we have a situation
12 in Buffalo where the assessments are some of
13 the lowest in the Northeast. And the people
14 basically don't pay any school taxes, because
15 the State of New York gives about 80 percent
16 of the aid and the federal government another
17 10 percent. People in Buffalo really don't
18 realize.
19 And I had some public official say,
20 "Well, we don't care about school taxes in
21 Buffalo." I said, "I know you don't. Because
22 we take care of it."
23 But then as soon as you move across
24 the line into the suburbs and you get out into
25 my district, in Erie, Livingston, Wyoming and
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1 Ontario -- and those are the four counties
2 that I represent -- now you're in a whole
3 other issue. And what's happening is the
4 assessments are now starting to rise.
5 My town very quietly has become one
6 of the fastest-growing towns in the state of
7 New York. The local newspaper is ignoring it;
8 that's fine. But it's getting big. But the
9 problem is, so are the assessments. And as
10 the assessments get bigger, yeah, the town is
11 collecting some taxes, but the school
12 district, quite obviously, is going to have --
13 is raising their taxes.
14 We must deal with this issue, not
15 just because it's a terrific issue in terms of
16 people staying in this state and dealing with
17 the State of New York's situation, but also
18 because psychologically it's creating a huge
19 problem for us. It's a problem where people
20 are saying, Well, I don't know if we want to
21 stay here anymore. Let's go someplace else.
22 Is this bill the perfect answer to
23 everything? Of course not. Nobody says it
24 is. But we've got to get started dealing with
25 this issue.
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1 It was a big issue in the
2 gubernatorial campaign. And as you see, it's
3 kind of fallen off the table. And the reason
4 is it's not easy to deal with. I think
5 Governor Spitzer probably didn't realize how
6 tough it is to deal with.
7 But we've got to deal with it.
8 This bill moves a long way toward dealing with
9 the issue of school property taxes and,
10 frankly, property taxes in general. We need
11 to pass this bill, and we need to get the
12 Assembly to follow suit.
13 ACTING PRESIDENT MORAHAN: Thank
14 you, Senator Volker. You will be recorded in
15 the affirmative.
16 Senator Marcellino, to explain his
17 vote.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 As has been said many times today,
21 we need partners. This house has continuously
22 passed legislation. We did it yesterday
23 relative to pensions. We're doing it again
24 today on property taxes. We need partners.
25 The silence in the other chamber is deafening.
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1 The lack of action in the other chamber is
2 just unexplainable.
3 I had a resident come up to me
4 during the recent school board votes and said,
5 "Senator, we have a great school district
6 here. And we thank you for bringing back a
7 lot of state aid. But the property taxes are
8 driving me out. What's the point of having a
9 great school district if I can't afford to
10 send my children there, if I can't afford to
11 live here and take part in that great
12 district? It doesn't help me one bit."
13 We are paying to educate our young
14 people, and they are leaving. They're taking
15 their brains, they're taking their knowledge
16 and they're moving to other states where they
17 can earn a living and buy a home, because the
18 property taxes are not so difficult there.
19 We need partners in the other
20 house. We need partners on the second floor.
21 We need help.
22 As has been said here by my
23 colleague Senator Volker, these bills are not
24 perfect. Nobody claims they are. But let's
25 get the discussion started. Nothing is coming
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1 out of the other chamber. Nothing has come
2 from the Governor's office on this issue.
3 We need partners. We need the
4 discussion to begin so we can come to a real
5 solution.
6 This is the most important problem
7 we will ever deal with, the fact that we're
8 driving our people -- senior citizens who
9 can't afford to stay in their homes, in the
10 communities they helped to build, and young
11 people who do want to live there and make the
12 communities better -- they're leaving us. The
13 state cannot sustain the loss that we are
14 taking in both the seniors and our youth.
15 This has got to change. This bill
16 hopefully will stimulate the discussion. But
17 we need partners. Let the word go forth to
18 the other house, come on, come to the table.
19 Let's sit down and talk. This is the most
20 important issue.
21 I vote aye, Mr. President.
22 ACTING PRESIDENT MORAHAN: Thank
23 you, Senator Marcellino. You will be recorded
24 in the affirmative.
25 Announce the results.
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1 THE SECRETARY: Ayes, 57. Nays,
2 0.
3 ACTING PRESIDENT MORAHAN: The
4 bill is passed.
5 THE SECRETARY: Excuse me. In
6 relation to Calendar Number 1687, ayes, 56.
7 Nays, 1. Senator L. Krueger recorded in the
8 negative.
9 ACTING PRESIDENT MORAHAN: The
10 bill is still passed.
11 Senator Wright.
12 SENATOR WRIGHT: Thank you,
13 Mr. President.
14 Now may we have the controversial
15 reading of the calendar.
16 ACTING PRESIDENT MORAHAN: The
17 Secretary will read.
18 And please ring the bells and bring
19 our members to the house.
20 SENATOR WRIGHT: Let's, if we may
21 for a minute -- before we start the
22 controversial, while we're ringing the bill,
23 would you recognize Senator Bonacic for
24 motions, please.
25 ACTING PRESIDENT MORAHAN:
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1 Motions and resolutions.
2 Senator Bonacic.
3 SENATOR BONACIC: Thank you,
4 Mr. President.
5 On behalf of Senator Fuschillo, I
6 wish to call up his bill, Print Number 5050B,
7 recalled from the Assembly, which is now at
8 the desk.
9 ACTING PRESIDENT MORAHAN: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 755, by Senator Fuschillo, Senate Print 5050B,
13 an act to amend the General Business Law.
14 SENATOR BONACIC: Mr. President,
15 I now move to reconsider the vote by which
16 this bill was passed.
17 ACTING PRESIDENT MORAHAN: The
18 Secretary will call the roll on
19 reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 57.
22 SENATOR BONACIC: Mr. President,
23 I now offer the following amendments.
24 ACTING PRESIDENT MORAHAN: The
25 amendments are received.
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1 SENATOR BONACIC: Mr. President,
2 on behalf of Senator Morahan, on page 38 I
3 offer the following amendments to Calendar
4 Number 1177, Senate Print Number 125, and ask
5 that said bill retain its place on the Third
6 Reading Calendar.
7 ACTING PRESIDENT MORAHAN: The
8 amendments are received, and the bill will
9 retain its place on the Third Reading
10 Calendar.
11 SENATOR BONACIC: Thank you,
12 Mr. President.
13 On behalf of Senator Hannon, on
14 page number 21 I offer the following
15 amendments to Calendar Number 719, Senate
16 Print Number 599, and ask that said bill
17 retain its place on the Third Reading
18 Calendar.
19 ACTING PRESIDENT MORAHAN: The
20 amendments are received, and the bill will
21 retain its place on the Third Reading
22 Calendar.
23 SENATOR BONACIC: Thank you,
24 Mr. President.
25 On behalf of Senator LaValle, on
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1 page number 7 I offer the following amendments
2 to Calendar Number 248, Senate Print
3 Number 2426, and ask that said bill retain its
4 place on the Third Reading Calendar.
5 ACTING PRESIDENT MORAHAN: The
6 amendments are received. The bill will retain
7 its place on the Third Reading Calendar.
8 SENATOR BONACIC: Thank you,
9 Mr. President.
10 ACTING PRESIDENT MORAHAN: You're
11 welcome, Senator Bonacic.
12 Senator Wright.
13 SENATOR WRIGHT: Thank you,
14 Mr. President.
15 If we may, could we take up
16 Calendar Number 1679, Print Number 5980. We
17 will restore that to the noncontroversial
18 calendar.
19 ACTING PRESIDENT MORAHAN: The
20 Secretary will read.
21 SENATOR WRIGHT: And we will take
22 that bill up. Thank you.
23 THE SECRETARY: Calendar Number
24 1679, by Senator Winner, Senate Print 5980, an
25 act to amend the Correction Law.
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1 ACTING PRESIDENT MORAHAN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day.
5 ACTING PRESIDENT MORAHAN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT MORAHAN:
9 Senator Schneiderman, to explain his vote.
10 SENATOR SCHNEIDERMAN: Thank you,
11 Mr. President. To explain my vote.
12 I'm going to be voting against
13 this. This is a bill that has sort of a
14 strange notion of creating a drug dealer
15 registry. It lumps together people who are
16 serious criminals with people who may be young
17 people engaged in third-degree criminal sale
18 of a controlled substance, which is a lot of
19 people who we don't want to burden for five
20 years of having to report on every place they
21 go and everything they do.
22 We have seen limited success from
23 the sex offender registry, and we know it
24 imposes a very severe burden on the Division
25 of Criminal Justice Services, on local
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1 probation departments, and on the families of
2 these offenders.
3 So I think, you know, this is an
4 interesting idea. It's a new idea. We
5 haven't really looked into it and looked into
6 what's happening in other states. No state
7 has ever done this. There are a couple of
8 states that are looking at it. But I would
9 urge a little more homework before we go about
10 setting up as what some people have described
11 as essentially a Zagat's guide for drug users,
12 whereby they can tell through the 1-800 call
13 where their drug dealer has gone to after he
14 got out of prison.
15 So under the circumstances, I'm
16 going to vote no, with the hope that we can
17 take a harder look at this in next year's
18 session. Thank you.
19 ACTING PRESIDENT MORAHAN: Thank
20 you, Senator Schneiderman. You will be
21 recorded in the negative.
22 Senator Winner, to explain his
23 vote.
24 SENATOR WINNER: Thank you,
25 Mr. President.
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1 I agree that this is a unique
2 proposal, Senator Schneiderman. But I also
3 agree that this is something that is very much
4 favored by the law enforcement community, who
5 feel, particularly in areas such that I
6 represent, that it is very useful for the
7 protection of communities to know where people
8 who have been previously convicted of drug
9 dealing offenses may reside.
10 And therefore, in the event that
11 you know where they reside and you know their
12 real names and not aliases, that you'll know
13 to be able to be vigilant for the activity
14 that necessarily surrounds one that would be
15 engaged in the business of dealing drugs.
16 So under those circumstances, the
17 law enforcement communities and law
18 enforcement officials in the areas that I
19 represent are very enthusiastic about this
20 bill because they feel that it will be a very,
21 very effective tool in order to protect their
22 communities.
23 I do not believe this is an undue
24 burden on someone who would be convicted of a
25 Class C felony or above involving the illegal
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1 sale of dangerous drugs in order to be on this
2 registry. In fact, I think it would probably
3 act as a rather large deterrent as against
4 future behavior in that regard, due to the
5 fact that there are many, many other types of
6 downside problems that will be facing
7 individuals who would be forced to register in
8 those circumstances.
9 So for those reasons I think this
10 is a very, very important tool and very unique
11 tool that can be utilized to protect our
12 communities, and I vote aye.
13 ACTING PRESIDENT MORAHAN: Thank
14 you, Senator Winner. You will be recorded in
15 the affirmative.
16 Senator Montgomery, to explain her
17 vote.
18 SENATOR MONTGOMERY: Thank you,
19 Mr. President.
20 Mr. President, I'm obviously going
21 to be opposing this legislation. And I am
22 looking for -- I have not found any indication
23 that there are organizations supporting this
24 approach. I don't believe that DCJS supports
25 this approach. And in fact, I think that one
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1 of the main concerns and involvements of the
2 DCJS at this point in time, as I have had
3 conversations with the commissioner over there
4 as well as the commissioner of parole and
5 probation and Department of Corrections and
6 those people who are intimately involved in
7 this issue.
8 And with people in this category,
9 there is a very, very focused and committed
10 attempt to look for alternatives so that we
11 can redirect people and hopefully change
12 people in a way that they become positive
13 contributors to society. So I don't know
14 where this idea comes from.
15 In addition, I just want to
16 mention, Mr. President, that when we look to
17 establish this kind of punitive approach where
18 people can never hope to regain their
19 contribution, their ability to contribute to
20 society, it falls most heavily on certain
21 communities in my district, and specifically
22 certain people in my district. Specifically,
23 young males of color.
24 And I absolutely object and oppose
25 this approach, because I know that people do
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1 change. People can change, especially young
2 people. So we should not continue down this
3 path of throwing out the lives of people
4 because they may have made a mistake.
5 I want to say to you that I'm all
6 in favor of using alternatives and
7 rehabilitation and recovery as a focus for
8 people who have become involved in using
9 drugs, selling drugs, very often selling drugs
10 in order to support their drug habit. I am in
11 favor of any attempt to rehabilitate people.
12 I am in favor of all attempts to try and
13 correct behavior and give people a different
14 alternative and opportunity.
15 If we do this, there are many other
16 groups of people that we're going to be
17 establishing a registration for. This is not
18 the only group.
19 So, Mr. President, I think this is
20 the wrong direction to take. It does not
21 address the problem of drug sales in our
22 state. And certainly I think it will have
23 very, very major, negative collateral
24 consequences as a law if we ever got such a
25 law implemented.
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1 I vote no.
2 ACTING PRESIDENT MORAHAN: Thank
3 you, Senator Montgomery. You will be recorded
4 in the negative.
5 Announce the results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1679 are
8 Senators Montgomery and Schneiderman. Also
9 Senator Parker. Also Senator Perkins. Also
10 Senator Duane. Also Senator Huntley.
11 Ayes, 51. Nays, 6.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 Senator Wright.
15 SENATOR WRIGHT: Thank you,
16 Mr. President.
17 Now may we have the controversial
18 reading of the calendar, commencing with the
19 first, Calendar Number 1643.
20 ACTING PRESIDENT MORAHAN: The
21 Secretary will read.
22 The Secretary will ring the bells.
23 SENATOR OPPENHEIMER: Mr.
24 President.
25 ACTING PRESIDENT MORAHAN:
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1 Senator Oppenheimer, why do you rise?
2 SENATOR OPPENHEIMER: I'm just
3 waiting for the bill to be called up.
4 THE SECRETARY: Calendar Number
5 1643, by Senator Larkin, Senate Print 2082, an
6 act to amend the Education Law.
7 SENATOR OPPENHEIMER: Mr.
8 President, I think there's an amendment at the
9 desk. I ask that reading of the amendment be
10 waived, and I'd like to be heard on the
11 amendment.
12 ACTING PRESIDENT MORAHAN:
13 Reading is waived, and you may be heard on the
14 amendment, Senator Oppenheimer.
15 SENATOR OPPENHEIMER: This
16 amendment sounds like something that may be
17 very small, maybe even trivial. But it isn't,
18 and I want to explain why.
19 This bill has the laudable goal of
20 trying to achieve efficiencies in local
21 government to reduce costs for property tax
22 taxpayers. Unfortunately, the bill as written
23 could result in taxpayer abuse. The bill as
24 written would allow the Commissioner of
25 Education to approve contracts between a BOCES
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1 and a library district or library system for
2 high-speed telecommunications or PR services,
3 if such an agreement was economical for the
4 BOCES or the library district -- not both
5 entities. It would be one or the other
6 entity.
7 When the Education Committee
8 approved the bill on May 22nd, committee
9 members from both sides discussed the need to
10 amend the bill to protect taxpayers before the
11 bill was brought to the floor for a vote. But
12 no amendment was made. We move now to replace
13 the word "or" with the word "and," to ensure
14 that such an arrangement must be
15 cost-efficient for both the BOCES and the
16 library district. This would ensure that
17 library taxpayers are not subsidizing the
18 BOCES and vice versa.
19 Years ago, after outrage that a
20 district superintendent on Long Island
21 received an enormous golden parachute, the
22 Legislature cracked down on BOCES expenditures
23 to protect taxpayers. The district
24 superintendents' salary cap was put in place.
25 The Legislature required that some BOCES
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1 services had to be economical without BOCES
2 aid before they could undertake such services.
3 To reject this amendment would be a
4 step backwards, because it would allow the
5 Commissioner of Education to approve a
6 contract that is economically beneficial to
7 the library but not to the BOCES.
8 And hence that's why the amendment
9 wants to substitute the word "and" for "or."
10 It should be economically beneficial to both
11 the Board of Cooperative Educational
12 Services -- i.e., BOCES -- and to the library
13 district. One should not have to pay for the
14 other.
15 Thank you.
16 ACTING PRESIDENT MORAHAN: Thank
17 you, Senator.
18 Senator Larkin, on the amendment.
19 SENATOR LARKIN: Thank you very
20 much, Mr. President.
21 And I appreciate Senator
22 Oppenheimer's comments with her proposed
23 amendment, but I don't think it's necessary.
24 If you will look, you will find that this is
25 an appropriation or an appropriate action
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1 that's been on the list of our bills since the
2 29th of January this year.
3 This bill in its present form is
4 supported by BOCES throughout the state. The
5 State Education has the final action on saying
6 what's there. The libraries -- not only in my
7 district, but every library that I've reached
8 out to -- enjoys this bill in its present
9 form. And anything that's going to be done
10 has to be approved by the State Education.
11 So I would like to remind you that
12 this amendment is not necessary.
13 ACTING PRESIDENT MORAHAN: Thank
14 you, Senator.
15 On the amendment, those Senators in
16 agreement please signify by raising your
17 hands.
18 THE SECRETARY: Those recorded in
19 agreement are Senators Adams, Breslin, Diaz,
20 Dilan, Duane, Gonzalez, Hassell-Thompson,
21 C. Johnson, Klein, L. Krueger, Montgomery,
22 Onorato, Oppenheimer, Parker, Perkins, Sabini,
23 Savino, Schneiderman, Smith, Stachowski,
24 Stavisky, Stewart-Cousins, Thompson and
25 Valesky.
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1 ACTING PRESIDENT MORAHAN: The
2 amendment is not agreed to.
3 Any other Senator wishing to be
4 heard on the main bill?
5 Then debate is closed. The
6 Secretary will ring the bells, please.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT MORAHAN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MORAHAN:
14 Senator Oppenheimer, to explain her vote.
15 SENATOR OPPENHEIMER: I'm going
16 to be supporting this bill --
17 ACTING PRESIDENT MORAHAN: A
18 little quiet in the chamber, please.
19 SENATOR OPPENHEIMER: But I still
20 do not understand why a school district BOCES
21 property taxpayer should be forced to
22 subsidize the public relations services for a
23 library. That library might not be located
24 anywhere near where the BOCES is.
25 I think it should be beneficial to
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1 both sides. But I am going to be supporting
2 the bill. I'm voting yes.
3 ACTING PRESIDENT MORAHAN:
4 Senator Oppenheimer will be recorded in the
5 affirmative.
6 Announce the results.
7 THE SECRETARY: Ayes, 57. Nays,
8 0.
9 Absent from voting on Calendar
10 Number 1643: Senators Connor, C. Kruger,
11 Sampson and Serrano.
12 ACTING PRESIDENT MORAHAN: The
13 bill is passed.
14 The Secretary will continue to
15 read.
16 THE SECRETARY: Calendar Number
17 1647, by Senator Larkin, Senate Print 3830C,
18 an act to amend the Tax Law and the Racing,
19 Pari-Mutuel Wagering and Breeding Law.
20 ACTING PRESIDENT MORAHAN:
21 Senator Liz Krueger.
22 SENATOR LIZ KRUEGER: Thank you,
23 Mr. President.
24 I'm going to waive an explanation,
25 but if the sponsor would kindly yield for some
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1 questions.
2 ACTING PRESIDENT MORAHAN:
3 Senator Larkin, will you yield for a question?
4 SENATOR LARKIN: Most certainly,
5 Senator Krueger.
6 ACTING PRESIDENT MORAHAN: The
7 Senator yields, Senator Krueger.
8 SENATOR LIZ KRUEGER: Thank you,
9 Mr. President.
10 So as I understand this bill, we're
11 allowing some of the harness racetracks to
12 increase the amount of the monies they keep
13 for their purposes, lowering the amount of
14 money we get for the education of our
15 children. Could you tell me how much money we
16 would not be getting for our schools if we
17 implement this law?
18 SENATOR LARKIN: Well, the
19 determination is going to be how many are
20 playing.
21 But the point about this whole bill
22 is we have had now, for the last five or six
23 years, six or seven or eight bills floating
24 around here, this to do that, this to do the
25 other. And we've discussed this. And what
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1 our thought was, how do we best put this bill
2 together so it achieves the goal that we've
3 been looking at to increase money to go into
4 education.
5 One of the things that we looked at
6 when we looked at all of the states that do
7 have VLTs is that we are behind everybody
8 else. Their fee license, with the money that
9 they will come out with, we were zero on
10 marketing. So we put part of the bill in to
11 say that we will have, over an eight-year
12 period, $5 million. We'll allow them to use
13 this money.
14 And everybody that's talked to us
15 that audits racing and wagering say that in
16 the first year, year and a half, you will have
17 a problem because you're generating dollars
18 and after that you will move out of it.
19 Our machines that we have right now
20 today in New York, every one of them are
21 drawing less money than was anticipated when
22 this operation was conceived in October 2001.
23 So what we're trying to do now is
24 very clear. We spelled it out in the bill.
25 And not just my staff but a lot of other
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1 people, including your side of the aisle, have
2 looked at this bill, and we find out that this
3 is the best way to achieve our final goal of
4 getting additional revenue for education.
5 SENATOR LIZ KRUEGER: Mr.
6 President, if the sponsor would continue to
7 yield, please.
8 ACTING PRESIDENT MORAHAN:
9 Senator Larkin, will you continue to yield?
10 SENATOR LARKIN: I'd be
11 delighted.
12 ACTING PRESIDENT MORAHAN: The
13 Senator yields.
14 SENATOR LIZ KRUEGER: Thank you
15 very much, Mr. President.
16 So as the Senator explained, this
17 is an attempt to fix a problem that evolved
18 based on what we thought we did correctly in
19 2001 but hasn't come out correctly.
20 And to be honest, my questions are
21 driven by the fact that I am often confused
22 about what we are doing with racing and
23 racinos and our policies around gambling,
24 because we keep revising bills over and over
25 again.
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1 But I'll respect your answer that
2 we need to do this to hopefully make them
3 profitable.
4 My next --
5 SENATOR LARKIN: May I interrupt
6 you, please?
7 SENATOR LIZ KRUEGER: Certainly.
8 SENATOR LARKIN: Not profitable,
9 but --
10 ACTING PRESIDENT MORAHAN:
11 Senator Larkin, are you asking the Senator to
12 yield?
13 SENATOR LARKIN: I don't like to
14 use the word "profitable," because then
15 somebody will come up and say gambler's
16 addiction. My friend Frank Padavan will come
17 up with that.
18 But what we've tried to do is make
19 this so it will be a facility that can add on
20 to its basic facility and be something of a
21 tourist destination, thereby generating
22 revenue, not profit.
23 SENATOR LIZ KRUEGER: Thank you.
24 Mr. President, if the sponsor would
25 continue to yield.
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1 ACTING PRESIDENT MORAHAN:
2 Senator, will you continue to yield?
3 SENATOR LARKIN: Yes,
4 Mr. President.
5 SENATOR LIZ KRUEGER: Thank you.
6 All right, so we want them to draw
7 revenue in. And we hope to draw money into
8 our education fund when they are
9 revenue-producing. And so we're making
10 adjustments, if I am repeating you correctly.
11 This will allows them to -- again,
12 it varies by racetrack, and I have the chart.
13 And I do have quite a bit of information. But
14 it allows them, at least at some racetracks,
15 to increase the share they are keeping and
16 decrease the amount they are giving to the
17 education budget of the State of New York.
18 I understand that it also increases
19 their marketing percentage they can keep for
20 spending on marketing. I understand that.
21 It also, though, allows them to put
22 money into a capital investment for facilities
23 to spur capital improvements. Where does that
24 money go? I'm sorry, my question is, it
25 provides an additional 4 percent for capital
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1 investments at facilities which will hopefully
2 increase attendance at both the track and the
3 racino. I'm wondering where those monies are
4 going to go, how is that going to be
5 distributed.
6 SENATOR LARKIN: First of all, if
7 they feel that they need something to be done,
8 they can apply to the Lottery Division.
9 Because all of these machines will be
10 interconnected at the Lottery.
11 And then they'll have to apply for
12 what they're specifically going to do out of
13 the pot, and it will be monitored how much
14 they're getting, why they're getting it, and
15 how they're using it. You know, in the
16 construction of facilities or whatever else it
17 might be.
18 But it isn't just going to be a
19 bunch of money we're going to throw at you.
20 As I mentioned to you before, you're going to
21 have to justify what you are requiring the
22 funding for.
23 ACTING PRESIDENT MORAHAN:
24 Senator Krueger.
25 SENATOR LIZ KRUEGER: Mr.
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1 President, if the sponsor would yield for an
2 additional question.
3 ACTING PRESIDENT MORAHAN:
4 Senator Krueger wants to know if you'll
5 continue to yield, Senator.
6 SENATOR LARKIN: Yes, ma'am.
7 SENATOR LIZ KRUEGER: Thank you.
8 My one final question.
9 There's been some concern raised in
10 the state, if I remember the history. We
11 agreed to go with VLTs at racetracks in order
12 to encourage greater participation at
13 racetracks to support the racing industry, as
14 you said, to bring tourism into areas of the
15 state that have racetracks.
16 But there's been some concern --
17 Yonkers, for example, where they stopped
18 racing and were just doing racino, but no
19 more -- well, they're racing again. But --
20 SENATOR LARKIN: Your colleague
21 there in front of you will tell you that's not
22 so.
23 ACTING PRESIDENT MORAHAN:
24 Senator Krueger, please continue.
25 SENATOR LIZ KRUEGER: My question
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1 is, is there any scenario under this
2 legislation where these joint track-racinos
3 could stop being tracks and just be racinos?
4 SENATOR LARKIN: No, there isn't.
5 As a matter of fact, if you'll talk to
6 somebody on the second floor, they're talking
7 about separation of having somebody run the
8 tracks -- right, John? -- and somebody run the
9 gaming aspect of it.
10 This whole package, and I think
11 Senator Sabini knows it because we've worked
12 together on it -- is to revise this and get it
13 on the right track -- am I correct? I'm using
14 these words he's saying. That we wanted to
15 stop this annual business of putting a dollar
16 here and a dollar there. It's like putting a
17 finger in a dike.
18 What we're saying is that we wanted
19 a model as -- looking at all of the other
20 states, when you see their fees going up and
21 their marketing, Pennsylvania has got
22 $25 million for marketing. They only started
23 theirs in '04. They're ahead of us. They're
24 building on the border. My good friend John
25 Bonacic sees them every day, building over
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1 there.
2 We need to do this so that we can
3 control what's going to happen in the racing
4 industry. And when we finish this, John and I
5 and a few others in here hope we'll be able to
6 help the Governor on NYRA.
7 SENATOR LIZ KRUEGER: Thank you,
8 Mr. President. On the bill.
9 ACTING PRESIDENT MORAHAN:
10 Senator Krueger, on the bill.
11 SENATOR LIZ KRUEGER: I
12 appreciate the sponsor's thoughtful answers to
13 my questions. And I admit my growing
14 confusion, continued confusion over how we
15 make decisions around racetracks and racinos
16 and gambling in the State of New York. I
17 don't think I'm alone with my confusion.
18 My concern is that we have to be
19 clear about what we're doing when we pass laws
20 around racing and racinos and potential
21 casinos and that we keep telling the public
22 this is all to draw money into new revenue
23 into our public school funding base, but we
24 keep changing the deal on people. And it
25 makes, I think, voters cynical about what
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1 we're really doing around our policies in
2 gambling.
3 So I do appreciate that the sponsor
4 is saying we're trying to fix problems that
5 have been created. I don't know if we're
6 fixing problems. We're changing the rules,
7 and we're changing the math formula and we're
8 switching who gets the dollars. And fewer of
9 those dollars, at least for now, will go to
10 the schools because more of them will be held
11 by the racetracks and the VLT vendors.
12 But I understand the sponsor's
13 point that the hope is to make these more
14 attractive facilities where more revenue comes
15 in and therefore we're paying back our school
16 money.
17 And so I will vote for the bill,
18 because I admit my continued confusion and
19 want to accept the arguments that have been
20 made to me by colleagues on both sides of the
21 aisle that we need to make this fix. But
22 frankly I'm not sure the State of New York
23 really does know what it's doing when it comes
24 to our policies on racetracks, racinos and
25 casinos.
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1 Thank you, Mr. President.
2 ACTING PRESIDENT MORAHAN: Thank
3 you, Senator Krueger.
4 Senator Sabini.
5 SENATOR SABINI: Thank you,
6 Mr. President. On the bill.
7 I must say that based on our track
8 record -- pardon the pun -- the whole Capitol
9 is confused on what we do with racing and
10 gaming policy and how it pertains to our
11 revenue. We pass bill after bill that are
12 seemingly at cross-purposes, so Senator
13 Liz Krueger is right in that respect.
14 But I will say this, that this may
15 not be a perfect bill but I don't believe that
16 the net effect of this bill will be one less
17 dollar for education. In fact, I think if we
18 don't pass this, in the short run we'll
19 actually lose money on education because I
20 believe that the facility in Tioga will
21 probably close and the facility at Vernon
22 Downs will probably close. So that will mean
23 no money for education out of those
24 facilities.
25 Why will they close? Well, Tioga
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1 was closed -- and I guess Senator Libous can
2 correct me if I'm wrong -- for about 15 years.
3 So it just recently reopened with racing and
4 the VLTs and with a large capital investment.
5 And it has attracted some customers, but they
6 are also faced with facilities in
7 Pennsylvania, just down I-81 from them, that
8 are spending a lot more on marketing and have
9 a lot more sizzle to them than perhaps Tioga
10 does. And I suspect that Tioga will not
11 survive if we don't pass this.
12 The facility at Vernon Downs is
13 right next to the Oneida reservation, Turning
14 Stone Casino. Which we get no revenue from
15 that particular casino, because we don't have
16 a compact with that tribe. And the facility
17 at Vernon, you know, yes, you can argue that
18 the casino is nothing new there, they knew
19 that when they reopened Vernon Downs.
20 But again, the facility was
21 reopened, lots of money was poured in to
22 renovate the facility, the state agreed to put
23 in the VLTs. Not doing very well. But by
24 increasing the ability of the facility to
25 market itself, it will stay in business and
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1 the jobs at Tioga and at Vernon will stay in
2 place.
3 So I don't believe that we're going
4 to give less money to education in the -- my
5 honest belief is that we'll wind up giving
6 more. If it winds up being less, then we
7 should revisit this. But I really believe
8 that if we don't pass this bill, at least
9 those facilities, those two will probably
10 close in a very short time.
11 So it's not a perfect piece of
12 legislation. I share the concern that we
13 might be drifting out of the racing business.
14 Folks in the Governor's office have floated a
15 balloon about doing VLTs at Aqueduct without
16 racing, which would require legislation to
17 pass both houses and be signed by the
18 Governor. And I think that's an issue we're
19 going to be taking up, I suspect.
20 But the original reason for
21 establishing these racinos is (A) to raise
22 revenue for the state's educational system,
23 and (B) to help the racing industry. If we
24 start separating the racino from the race, we
25 get a casino. And we might as well as just
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1 have casino gaming then and pass a
2 constitutional amendment to allow it and get
3 all the revenue from it instead of allowing
4 folks in tribal facilities to gain the
5 revenue -- and, if we have a compact with
6 them, then get some revenue; if we don't, get
7 none.
8 So I'm going to support this bill.
9 I would like to see, as the chairman has
10 suggested in committee, that we have an
11 overall summit of racing interests throughout
12 the state that involve horsemen, breeders,
13 trainers, equine agriculture, track owners,
14 OTBs. Because our racing revenue is a pocket
15 that a lot of people have their hands in right
16 now. And the smallest hand seems to be the
17 taxpayers of the State of New York. And the
18 amount of money in that pot is shrinking every
19 year.
20 So we really need to put an overall
21 fix in, I think, in racing. These Band-Aid
22 bills may be good in the short run, but I
23 think racing needs a bigger fix than that.
24 I'll be voting aye with the hope that we
25 approach a more holistic and comprehensive
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1 approach to this.
2 Thank you.
3 ACTING PRESIDENT MORAHAN: Thank
4 you, Senator.
5 Senator Griffo.
6 SENATOR GRIFFO: Thank you,
7 Mr. President.
8 I want to thank Senator Larkin for
9 his efforts, because we know there are many
10 concerns, challenges and issues that have to
11 be addressed relative to racing and wagering
12 in this state.
13 In my home district, Vernon Downs
14 is one of the facilities. And I think Senator
15 Sabini accurately portrayed this, the concerns
16 we have that many of these facilities are
17 struggling. And as a result of that problem,
18 if they cease to exist, they would be
19 generating no revenue to support the
20 educational system.
21 But equally as important when you
22 look at statistics and you see that the
23 blended VLT vendor fee here in this state is
24 one of the lowest, it forces us to make a
25 decision, once we have gone into this
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1 business, how do we sustain the jobs that are
2 attached to this business and the benefit that
3 is derived to the communities that are hosting
4 these facilities.
5 And in Vernon particularly, we have
6 a number of people that work there, and it is
7 a very important part of the economy right
8 now, and the ancillary businesses that have
9 arisen as a result of the investment in
10 Vernon.
11 So I think this is a -- at this
12 point in time addresses the issue as it needs
13 to be addressed. I thank Senator Larkin again
14 for his leadership and urge the Senate today
15 to support this measure.
16 ACTING PRESIDENT MORAHAN: Thank
17 you, Senator Griffo.
18 Read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MORAHAN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT MORAHAN:
25 Senator Libous, to explain his vote.
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1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 I want to also thank Senator Larkin
4 for introducing this legislation.
5 And I want to go back to a couple
6 of the questions that Senator Krueger asked.
7 And they're very good questions, actually,
8 Senator, and I think I have some of those same
9 concerns.
10 But what I'm hoping here happens --
11 and Tioga is in my district. And it's very
12 important that we keep the track open and
13 viable. It does employ 400 people. It is
14 paying property taxes. It is sharing revenues
15 with the Town of Nichols in the County of
16 Tioga, which --
17 ACTING PRESIDENT MORAHAN: Can we
18 have some order in the chamber. Take your
19 conversations outside or don't have them at
20 all.
21 SENATOR LIBOUS: Thank you,
22 Mr. President.
23 But I too hope that eventually,
24 even though there might be a slight dip in
25 dollars that go to the education fund, as you
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1 promote this, that more people will be
2 involved in participation at the tracks;
3 therefore, more revenues will come in and that
4 pot will grow.
5 And that's I think what we're
6 trying to do here. There is no exact science
7 to this. It is something that --
8 ACTING PRESIDENT MORAHAN: Excuse
9 me, Senator, please.
10 SENATOR LIBOUS: Yes, sir.
11 ACTING PRESIDENT MORAHAN: Could
12 we have the courtesy of the floor and have
13 some quiet in the chamber. And if you have
14 some conversations, take them outside. Thank
15 you.
16 Senator Libous.
17 SENATOR LIBOUS: Many successful
18 businesses, in promoting themselves, have an
19 allocation of a percentage of their gross
20 sales to a marketing budget. Therefore, they
21 hope that that marketing produces additional
22 sales for the corporation. In this case, it
23 would be for the various tracks that we have
24 around the state.
25 So I think that we have no choice
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1 at this point than to pass this legislation,
2 to give incentives to the tracks so that they
3 can bring additional people to come in. As I
4 said, over the long term I would hope over the
5 next couple of years we would see an increase
6 of money that would then go to our schools as
7 it's split up from the lottery.
8 So, Mr. President, I again want to
9 say thank you to Senator Larkin. This is very
10 badly needed. This will keep the track in my
11 district open. This will keep 400 people
12 employed. And I vote aye.
13 ACTING PRESIDENT MORAHAN:
14 Senator Oppenheim, to explain her vote.
15 SENATOR OPPENHEIMER:
16 Oppenheim-er.
17 ACTING PRESIDENT MORAHAN:
18 Oppenheim-er.
19 SENATOR OPPENHEIMER: I will be
20 voting yes on the bill. But this is a trend
21 that I think we will have to watch very
22 closely in the future.
23 I understand what we're trying to
24 do at these two racetracks. And I know this
25 is not a problem that exists in Yonkers,
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1 because we don't have to give the additional
2 funds to the vendors. They're just going to
3 increase by 1 percent the amount that's going
4 to them.
5 But the money at Vernon Downs
6 that's going to education is now going to be
7 only 34 percent. That's down 16 percent from
8 the original formula. And it is worrisome.
9 And I am hopeful that this increased publicity
10 and funding will be helpful, but this is a
11 trend that is certainly worrisome.
12 And I hope that this bill will
13 improve the revenues and will improve the
14 percentage that will go to education, so I'm
15 voting yes.
16 ACTING PRESIDENT MORAHAN:
17 Senator Oppenheimer will be recorded in the
18 affirmative.
19 Announce the results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 1647 are
22 Senators Duane and Padavan.
23 Absent from voting: Senator
24 Connor.
25 Ayes, 58. Nays, 2.
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1 ACTING PRESIDENT MORAHAN: The
2 bill is passed.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 is there any further business at the desk?
6 ACTING PRESIDENT MORAHAN: There
7 is some business.
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Mr. President,
10 on behalf of Senator Griffo I wish to call up
11 Print Number 3657, recalled from the Assembly,
12 which is now at the desk.
13 ACTING PRESIDENT MORAHAN: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1074, by Senator Griffo, Senate Print 3657, an
17 act to amend the Education Law.
18 SENATOR NOZZOLIO: Mr. President,
19 I now move to reconsider the vote by which
20 this bill was passed.
21 ACTING PRESIDENT MORAHAN: The
22 Secretary will call the roll on
23 reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 SENATOR NOZZOLIO: Mr. President,
2 I now offer the following amendments.
3 ACTING PRESIDENT MORAHAN: The
4 amendments are received and adopted.
5 SENATOR NOZZOLIO: Mr. President,
6 I wish to call up, on behalf of Senator
7 Morahan, Print Number 1897, recalled from the
8 Assembly, which is now at the desk.
9 ACTING PRESIDENT MORAHAN: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 280, by Senator Morahan, Senate Print 1897, an
13 act to authorize the Commissioner of General
14 Services.
15 SENATOR NOZZOLIO: Mr. President,
16 I now move to reconsider the vote by which
17 this bill was passed.
18 ACTING PRESIDENT MORAHAN: Call
19 the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 SENATOR NOZZOLIO: Mr. President,
23 I now offer the following amendments.
24 ACTING PRESIDENT MORAHAN: The
25 amendments are received.
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1 SENATOR NOZZOLIO: Mr. President,
2 on behalf of Senator Libous, on page number 37
3 I offer the following amendments to Calendar
4 Number 1150, Senate Print Number 1589B, and
5 ask that said bill retain its place on Third
6 Reading Calendar.
7 ACTING PRESIDENT MORAHAN: The
8 amendments are received, and the bill will
9 retain its place on the Third Reading
10 Calendar.
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 there being no further business to come before
14 the Senate, I move we stand adjourned until
15 Thursday, June 14th, at 11:00 a.m.
16 ACTING PRESIDENT MORAHAN: On
17 motion, the Senate stands adjourned until
18 Thursday, June 14th, at 11:00 a.m.
19 (Whereupon, at 1:47 p.m., the
20 Senate adjourned.)
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