Regular Session - June 19, 2007
4852
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 19, 2007
11 3:19 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT ROBACH: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT ROBACH: The
10 invocation today will be given by Reverend
11 Charles M. Recker, pastor, Heritage Baptist
12 Church, New York, New York.
13 REVEREND RECKER: Good afternoon.
14 Let's bow together in prayer.
15 Father in heaven, we thank You that
16 we can bow in Your presence and say great are
17 You and great is Your faithfulness.
18 We thank You that You're the source
19 of all of our blessings, and we pray that You
20 would grant this Senate today wisdom and
21 success.
22 Bless these public servants, their
23 families, their staff. Give them peace in
24 their homes. And may they be able to finish
25 during this final legislative session and week
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1 so that they can return to their families
2 swiftly.
3 Lord, we pray that You'll give them
4 wisdom, give them wisdom and faith, courage in
5 You, righteousness and truth, so that we may
6 have continued freedoms, real prosperity, and
7 lasting peace throughout our state and
8 throughout our great nation.
9 Father, we pray that You would
10 watch over our military as they wage a great
11 battle around the world. Give them safety.
12 We pray for our peace officers, and
13 even yesterday as Amanda Reif, the state
14 trooper, was shot in Potsdam. We pray for her
15 rapid healing, we pray for her husband and
16 even her 7-month-old son. Raise her up
17 quickly, dear Lord.
18 Watch over us now during this
19 session. Thank You for Your Senators, and
20 give them great wisdom, again.
21 We pray in Jesus' name. Amen.
22 ACTING PRESIDENT ROBACH: Reading
23 of the Journal.
24 THE SECRETARY: In Senate,
25 Monday, June 18, the Senate met pursuant to
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1 adjournment. The Journal of Sunday, June 17,
2 was read and approved. On motion, Senate
3 adjourned.
4 ACTING PRESIDENT ROBACH: Without
5 objection, the Journal stands approved as
6 read.
7 Presentation of petitions.
8 Messages from the Assembly.
9 Messages from the Governor.
10 Reports of standing committees.
11 Reports of select committees.
12 Communications and reports from
13 state officers.
14 Motions and resolutions.
15 Senator Bruno.
16 SENATOR BRUNO: Mr. President,
17 can we at this time adopt the Resolution
18 Calendar, with the exception of 2942, 2989,
19 and 2995.
20 ACTING PRESIDENT ROBACH: All in
21 favor of adopting the Resolution Calendar,
22 with the exceptions of Resolutions Number
23 2942, 2989, and 2995, signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT ROBACH:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT ROBACH: The
4 Resolution Calendar, with exceptions, is
5 adopted.
6 Senator Bruno.
7 SENATOR BRUNO: Thank you,
8 Mr. President.
9 I believe I have a privileged
10 resolution at the desk, 2989. I would ask at
11 this time that it be read in its entirety and
12 move for its immediate adoption.
13 ACTING PRESIDENT ROBACH: The
14 Secretary will read.
15 THE SECRETARY: By Senator Bruno,
16 Legislative Resolution Number 2989, honoring
17 Marc Humbert, distinguished journalist, on his
18 retirement.
19 "WHEREAS, It is the sense of this
20 Legislative Body that government is best
21 served and most effective when the electorate
22 is interested, educated and well-informed, and
23 that individuals who contribute to it being so
24 merit the highest commendation; and
25 "WHEREAS, AP Political Editor in
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1 New York State since 1995, Marc Humbert has
2 distinguished himself in his profession,
3 diligently and consistently throughout his
4 career not only recording New York State
5 Capitol happenings, but often himself bringing
6 to light news of great public interest and
7 import; and
8 "WHEREAS, Marc Humbert began his
9 journalism career at The Saratogian in 1966
10 and joined the Associated Press in Albany in
11 1977; and
12 "WHEREAS, Even before he became a
13 permanent, full-time newsman, he was busy
14 scooping the rest of the Legislative
15 Correspondents Association press corps in the
16 Capitol. In February 1977, his work helped AP
17 break the news of Governor Hugh Carey's plan
18 to reorganize the State Health Department; and
19 "WHEREAS, In 1980, Marc Humbert was
20 praised for a series of stories, including one
21 consumer-interest story on why some stations
22 were suddenly selling gasoline for 33 cents a
23 gallon; and
24 "WHEREAS, Also in that year, he
25 broke the news of a pending and unannounced
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1 hike in automobile inspection fees, and
2 provided in-depth coverage of how the state
3 was keeping all 23 of its mental hospitals
4 open and their payrolls growing despite a
5 dramatic drop in the number of patients from
6 85,000 to 25,000 and, subsequently, also broke
7 the story on which of those hospitals would be
8 closed; and
9 "WHEREAS, In 1980, Marc Humbert was
10 also assigned to cover the Democratic National
11 Convention in New York City and the U.S.
12 Senate campaign of Alfonse D'Amato; and
13 "WHEREAS, In 1981, Marc Humbert
14 became AP's chief New York State political
15 writer and, later that year, in August, was
16 named its Capitol correspondent; and
17 "WHEREAS, He covered the Democratic
18 Convention again in 1984 in San Francisco and
19 broke the news that Mario Cuomo would be the
20 convention's keynote speaker, a speech which
21 fueled eight years of presidential speculation
22 surrounding the New York governor and
23 permanently linked Marc Humbert and Mario
24 Cuomo; and
25 "WHEREAS, Waiting for Mario Cuomo
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1 became a sort of pastime for Marc Humbert,
2 who, in 1987 and 1991, aggressively tracked
3 Governor Cuomo while he made up his mind, or
4 didn't; and
5 "WHEREAS, Marc Humbert has also
6 earned accolades for covering three other
7 New York State governors -- Hugh Carey, George
8 Pataki, and Eliot Spitzer -- and he never met
9 a campaign finance filing he didn't like; and
10 "WHEREAS, In 1999 and 2000, he
11 distinguished himself covering the historic
12 run of then-First Lady Hillary Rodham Clinton
13 for the United States Senate. In the lead-up
14 to that campaign, Brills Content referred to
15 Marc Humbert as 'perhaps the single most
16 important New York reporter covering the
17 campaign'; and
18 "WHEREAS, As a result of his
19 tireless coverage of that campaign, which
20 included a world scoop on the news that
21 Rudolph Giuliani was dropping out of the race,
22 he won the Associated Press' prestigious
23 Gramling Award; and
24 "WHEREAS, Marc Humbert was also
25 first with the news in 2002 that another
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1 Cuomo, this time Andrew Cuomo, was dropping
2 out of the governor's race; and
3 "WHEREAS, Marc Humbert was not just
4 a political writer, he was much more and was
5 just as comfortable covering crime stories
6 such as the parole of Gary McGivern or reform
7 of the Rockefeller Drug Laws, a train crash, a
8 state commissioner taking family vacations in
9 company cars, or a governor flying around the
10 state on taxpaper funds; and
11 "WHEREAS, For 30 years, Marc
12 Humbert has been justly respected and honored
13 for his work ethic, enthusiasm, and energetic
14 coverage of politics in New York State.
15 Hard-nosed and skeptical, he was also the
16 first to praise a colleague for a job well
17 done. His colleagues, in turn, have honored
18 him three times, most recently in 2007, with
19 the Legislative Correspondents Association's
20 Walter T. Brown Award for outstanding coverage
21 of New York State government; and
22 "WHEREAS, Marc Humbert is a true
23 professional whose thorough reporting,
24 balanced stories, and persistence in search of
25 news made him one of the most sought-after
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1 reporters at the Capitol for promoting a
2 positive story and, by the same token, the one
3 to avoid when news was breaking on a tough,
4 contentious public policy issue; and
5 "WHEREAS, In reporting a story,
6 Marc Humbert has always been well-prepared and
7 relentless in pursuit of the facts, and his
8 weekly column has always been insightful and
9 informative and frequently contained
10 news-making information; and
11 "WHEREAS, It is with due cause and
12 proper resolve that this Legislative Body pays
13 tribute to Marc Humbert, recognizing his
14 outstanding journalism career, his dedication
15 to the Associated Press, his decades of
16 covering politics and state government at the
17 Capitol, and his many professional
18 accomplishments; now, therefore, be it
19 "RESOLVED, That this Legislative
20 Body pause in its deliberations to
21 congratulate and extend its warmest
22 appreciation and respect to Marc Humbert upon
23 the occasion of his retirement and to wish him
24 a healthy and happy future in which he may
25 enjoy his retirement with his wife, Carla;
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1 their children, Jake and Addie; and their
2 grandchildren; and be it further
3 "RESOLVED, That a copy of this
4 resolution, suitably engrossed, be transmitted
5 to Marc Humbert."
6 ACTING PRESIDENT ROBACH: Senator
7 Bruno, on the resolution.
8 SENATOR BRUNO: Mr. President and
9 colleagues, you heard a recitation in a few
10 minutes about a gentleman, an individual, an
11 accomplished journalist over a 41-year
12 expanse. What you may not know is that this
13 very distinguished, decorated man, honored
14 repeatedly for his outstanding work, is a
15 constituent of mine. You knew that.
16 (Laughter.)
17 SENATOR BRUNO: Makes me look
18 good.
19 Tackawasick Lake. That is the
20 great metropolitan area that Mark lives in.
21 It's probably a community of at least 200, and
22 part of Rensselaer County. It is a beautiful
23 place where he and Carla, his wife --
24 children, Jake and Addie -- live and they
25 entertain their grandchildren.
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1 Now, I want to say to Marc, and we
2 appreciate his being here, that over the
3 41 years and the years that I have been here,
4 he started in what is my district, in
5 Saratoga, in '66. 1966.
6 There are, and I have to be guarded
7 about this, there are very few journalists
8 that you can point to that are pragmatic, they
9 are objective, they are pretty accurate in the
10 reflection of what they write. Because most
11 take licenses. They take kind of the easy way
12 out, the once over lightly. Marc, sometimes
13 to a fault, is too thorough, but he is on.
14 So, Marc, I want to just, on behalf
15 of my colleagues here, just say thank you.
16 Thanks for that, for the objectivity. For
17 those stories that you wrote that were very
18 painful for me personally, and hurtful, I
19 forgive you.
20 (Laughter.)
21 SENATOR BRUNO: And for those
22 very positive pieces that I'm trying to
23 recollect, I thank you.
24 (Laughter.)
25 SENATOR BRUNO: But you are one
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1 of the best. I'm proud that you're a
2 constituent, proud that you are a neighbor.
3 And I know that what is happening,
4 as your colleagues know, is a transition from
5 the life that you have chosen to distinguish
6 yourself in over these last 41 years into
7 other endeavors, because you're high-energy
8 and enthusiastic and bright and intelligent
9 and articulate and a lot of other things that
10 if I were a writer, I could recite. But
11 that's you, and that's your description.
12 And, Mr. President, if we were
13 extolling all of the true virtues of Marc
14 Humbert, we would have to stay through the
15 weekend. So we don't have time for that, so
16 we put it down into what we've heard in a few
17 minutes.
18 But the bottom line is, 41 years of
19 dedicated, committed service to the public, to
20 a constituency here in this state and
21 sometimes nationally. Something to be proud
22 of, you individually, and for us to be proud
23 that we have known you and we know you and
24 that we have a relationship.
25 Congratulations. The best of
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1 health. The best in everything that you will
2 be doing as we go forward throughout the
3 balance of your long and distinguished career
4 and life.
5 ACTING PRESIDENT ROBACH: Thank
6 you, Senator Bruno.
7 Senator Farley, on the resolution.
8 SENATOR FARLEY: Thank you,
9 Mr. President.
10 I also rise to wish Marc all
11 success and happiness in his retirement. But
12 you will note that in 1977 he left The
13 Saratogian, the same year that Senator Bruno
14 and I got elected. And that's one of our
15 papers.
16 And I notice that as he's extolling
17 all the virtues of Marc, he was including you,
18 Betty Flood, also in those wonderful remarks,
19 I'm confident.
20 Marc, who came from Ogdensburg,
21 New York, which many of us recognize -- I
22 don't see Senator Wright here, but Ogdensburg.
23 He's a graduate of Ogdensburg Free Academy,
24 which used to play Watertown, from which I
25 came from. And also not many people get out
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1 of Ogdensburg and make it to such a high place
2 that you've arrived at, Marc.
3 But let me just say, as you look at
4 somebody's career, he's really arrived at the
5 pinnacle of reporting. And we're very, very
6 proud. You've done a fine job. Really, I
7 would say that every one of my colleagues
8 respect what you have done and respect you as
9 a journalist. And you've been a credit to
10 your profession, and you can't say much more.
11 Forty-one years. I was kind of
12 surprised at the length of your service, a
13 young fellow like yourself. But we all wish
14 you well in whatever you decide to do. And
15 good luck and Godspeed.
16 ACTING PRESIDENT ROBACH: Senator
17 Volker, on the resolution.
18 SENATOR VOLKER: Mr. President,
19 very quickly.
20 As was mentioned, that he came out
21 of Ogdensburg, and I -- let's just say that he
22 and I have been friends for a long, long time.
23 In fact, on several occasions we met up in the
24 North Country when I was up there and he was
25 visiting his family. And probably -- I will
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1 say this. I have never really had a problem
2 with Marc Humbert. I haven't always agreed
3 with him, but I haven't had a problem with
4 him.
5 And I must tell you something,
6 Marc. For Senator Bruno these days to say
7 wonderful things about a reporter is not easy
8 to do. I mean, I've got to tell you that.
9 But you have been a super reporter
10 and a good friend, and we've known each other
11 for a long time. And I can't believe that
12 you've been around for 41 years -- it doesn't
13 seem possible.
14 But congratulations to you. Maybe
15 we'll meet again sometime up there in the
16 North Country where your family started out.
17 And there are very few finer people than you
18 that I have known over the years.
19 And congratulations and good luck
20 to you. And may our -- I hope our paths
21 across again in the future.
22 ACTING PRESIDENT ROBACH: The
23 question is on the resolution. All in favor
24 signify by saying aye.
25 (Response of "Aye.")
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1 ACTING PRESIDENT ROBACH:
2 Opposed, nay.
3 (No response.)
4 ACTING PRESIDENT ROBACH: The
5 resolution is adopted.
6 (Applause.)
7 ACTING PRESIDENT ROBACH: Senator
8 Bruno.
9 SENATOR BRUNO: Mr. President, I
10 would ask my colleagues in the Senate to join
11 us on this resolution. And anyone that would
12 care not to, privately share that with the
13 desk. Other than that, we'll all go on.
14 And one of the members that didn't
15 take the time to speak made the observation on
16 what a wonderful thing it is when a reporter
17 retires.
18 (Laughter.)
19 ACTING PRESIDENT ROBACH: At the
20 motion of Senator Bruno, all members of the
21 Senate will be on the resolution unless they
22 choose not to. Please indicate that at the
23 front desk.
24 Senator Bruno.
25 SENATOR BRUNO: Thank you,
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1 Mr. President.
2 I believe there is another
3 resolution at the desk, by Senator Larkin. I
4 would ask that this at this time be read and
5 move for its immediate adoption.
6 ACTING PRESIDENT ROBACH: The
7 Secretary will read.
8 THE SECRETARY: By Senator
9 Larkin, Legislative Resolution Number 2942,
10 commemorating the 75th Annual National
11 Convention of the Military Order of the Purple
12 Heart and celebrating the 225th Anniversary of
13 the Badge of Military Merit.
14 "WHEREAS, The dedication and
15 sacrifices of our military personnel ensure
16 our continued role as a nation which embodies
17 the ideals of democracy and is a defender of
18 liberty for peoples throughout the world; and
19 "WHEREAS, This Legislative Body is
20 justly proud to commemorate the 75th Annual
21 National Convention of the Military Order of
22 the Purple Heart and to celebrate the 225th
23 Anniversary of the Badge of Military Merit;
24 and
25 "WHEREAS, The 75th Annual National
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1 Convention of the Military Order of the Purple
2 Heart will take place on August 5 through 10,
3 2007, at the Westchester Marriott in
4 Tarrytown, New York. The celebration of the
5 225th Anniversary of the Badge of Military
6 Merit is on Tuesday, August 7, 2007, at the
7 National Purple Heart Hall of Honor; and
8 "WHEREAS, Tuesday, August 7, 2007,
9 will be an all-day celebration of Purple Heart
10 Day. Participants will visit Washington's
11 Headquarters and the Purple Heart Hall of
12 Honor, located in the New Windsor Cantonment
13 State Historic Site, where the final
14 encampment of George Washington's Army took
15 place; and
16 "WHEREAS, Events scheduled for
17 Purple Heart Day include a reenactment of
18 General Washington presenting the Badge of
19 Military Merit to a Continental Army soldier
20 and participation of the 3rd Infantry 'Old
21 Guard' Fife & Drum Corps and their Continental
22 Army contingent. There will also be a flyover
23 by military aircraft and a skydiving
24 exhibition of the Purple Heart parachute; and
25 "WHEREAS, During this festive week,
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1 everyone will have the opportunity to visit
2 George Washington's headquarters on the Hudson
3 River in Newburgh, where the Badge of Military
4 Merit was created; and
5 "WHEREAS, Specifically a combat
6 decoration, the Purple Heart is awarded to
7 members of the armed forces of the United
8 States who are wounded by an instrument of war
9 at the hands of the enemy or posthumously to
10 the next of kin in the name of those who are
11 killed in action or die of wounds received in
12 action; and
13 "WHEREAS, In 1932, the organization
14 now known as the Military Order of the Purple
15 Heart was formed for the protection and mutual
16 interest of all who have received the
17 decoration through the Institute of Heraldry;
18 and
19 "WHEREAS, Composed exclusively of
20 Purple Heart recipients, the Military Order of
21 the Purple Heart is the only veterans' service
22 organization comprised strictly of
23 combat-wounded veterans; and
24 "WHEREAS, In addition, wives,
25 mothers, daughters, step-daughters and adopted
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1 daughters of Purple Heart recipients are
2 eligible to belong to the Ladies' Auxiliary of
3 the Military Order of the Purple Heart, which
4 also does important work nationally and
5 locally in veterans' hospitals. Such lineal
6 descendants are eligible to belong as
7 associate members; and
8 "WHEREAS, The mission of the
9 Military Order of the Purple Heart is to
10 foster an environment of goodwill and
11 camaraderie amongst combat-wounded veterans,
12 promote patriotism, support legislative
13 initiatives of the Military Order of the
14 Purple Heart and provide service to all
15 veterans and their families; and
16 "WHEREAS, The Badge of Military
17 Merit is considered to be the first official
18 military combat badge of the United States
19 armed forces; and
20 "WHEREAS, The Badge of Military
21 Merit was first announced in General George
22 Washington's general orders to the Continental
23 Army issued on August 7, 1782, at the
24 headquarters in Newburgh, New York; and
25 "WHEREAS, After the Revolutionary
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1 War, the Badge of Military Merit fell into
2 disuse although it was never officially
3 abolished. In 1932, the United States War
4 Department authorized the new Purple Heart
5 Medal for soldiers who had previously received
6 either a Wound Chevron or the Army Wound
7 ribbon. At that time, it was also determined
8 that the Purple Heart Medal would be
9 considered the official successor decoration
10 to the Badge of Military Merit; and
11 "WHEREAS, It is the sense of this
12 Legislative Body that when events and
13 organizations of such noble aims and
14 accomplishments are brought to our attention,
15 they should be celebrated and recognized by
16 all the citizens of the great State of
17 New York; now, therefore, be it
18 "RESOLVED, That this Legislative
19 Body pause in its deliberations to commemorate
20 the 75th Annual National Convention of the
21 Military Order of the Purple Heart and to
22 celebrate the 225th Anniversary of the Badge
23 of Military Merit; and be it further
24 "RESOLVED, That a copy of this
25 resolution, suitably engrossed, transmitted it
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1 the Military Order of the Purple Heart."
2 ACTING PRESIDENT ROBACH: Senator
3 Larkin, on the resolution.
4 SENATOR LARKIN: August the 7th
5 forever will be a day in America that we as
6 Americans must take a time to stand up and
7 recognize that this little piece of metal that
8 we call the Purple Heart was initiated in 1932
9 at the request of General MacArthur to
10 then-President Hoover. Because prior to that,
11 the Badge of Merit was given to only enlisted
12 men, and it didn't have to be for being
13 wounded, it had to do with something of your
14 performance of duty.
15 In 1932, in a little hamlet in
16 Orange County called Vails Gate, 5,000
17 people -- and we realize the only ones who had
18 cars in those days was my good friend
19 Breslin -- thought I'd wake you up. But to
20 see that that many people would come to an
21 event of that nature to show appreciation for
22 what was done.
23 There were 151 individuals awarded
24 Purple Hearts going back to World War I. This
25 award that had laid dormant for so many years
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1 was quickly addressed by all the services.
2 Because at first it was just the War
3 Department, which is now what we call the
4 Department of Army. And after that, it became
5 common.
6 At Pearl Harbor, there were 3,000
7 Purple Hearts issued for December the 7th.
8 And we know since then has what has happened.
9 We have approximately 1.8 million Americans
10 that have been awarded the Purple Heart for
11 being killed or wounded in combat.
12 We started a stamp to honor the
13 Purple Heart in January 2000. The stamp
14 became effective in 2003. And then when it
15 cost too much money to run the Postal
16 Department, we had to raise it. We just
17 raised it again.
18 And now we have the National Purple
19 Heart Hall of Honor, to pay tribute to those
20 Americans who were wounded or killed in
21 combat.
22 I know a lot of people think, well,
23 it's just a badge. But how about those of us
24 who have had to write home to a mother or
25 father or grandmother and say "I regret to
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1 inform you that your loved one was killed or
2 wounded this morning in combat." That is a
3 lasting remark that will stay with you
4 forever.
5 So, you know, while we think war is
6 bad and we think of a lot of things that we
7 don't like, we should take a moment and think
8 of all the freedoms that we enjoy because men
9 and women of the armed forces of the United
10 States have put their life on the line and
11 they proudly wear the Purple Heart.
12 Thank you, Mr. President.
13 ACTING PRESIDENT ROBACH: Thank
14 you, Senator Larkin.
15 Senator Bonacic, on the resolution.
16 SENATOR BONACIC: Briefly.
17 You know, when I go to veterans'
18 events, there's not enough teachers of
19 patriotism and military history. And it's
20 important for our younger generation to know
21 the sacrifices that the bravest of the brave,
22 both men and women, who have made the ultimate
23 sacrifice or who have served in the military,
24 have done for one generation after the other.
25 But I stand to congratulate Senator
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1 Larkin, because he is a teacher of military
2 history. He wears his patriotism on his arm
3 and in his heart every day.
4 And I can say without doubt that
5 there is no one in the state of New York that
6 has done more to enhance the significance of
7 the purple heart and to honor those who have
8 served it, in creating that national museum,
9 really, for the Purple Heart in Orange County,
10 than Senator Larkin.
11 Senator Larkin, I thank you for
12 what you have done and what you continue to do
13 as a teacher of patriotism and military
14 history.
15 Thank you, Mr. President.
16 ACTING PRESIDENT ROBACH: The
17 question is on the resolution. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 ACTING PRESIDENT ROBACH:
21 Opposed, nay.
22 (No response.)
23 ACTING PRESIDENT ROBACH: The
24 resolution is adopted.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President,
2 if you would, with the consent of Senator
3 Larkin, open up the resolution for sponsorship
4 by the entire Senate.
5 If anybody wishes not to sponsor
6 the resolution, they should notify the desk.
7 ACTING PRESIDENT ROBACH: Thank
8 you, Senator Skelos.
9 That resolution will be open to any
10 member that would like to be on. If you
11 choose not to, please signify that up front at
12 the desk.
13 SENATOR SKELOS: Mr. President,
14 there's a resolution at the desk, 2995, by
15 Senator Breslin. If we could have the title
16 read and move for its immediate adoption.
17 ACTING PRESIDENT ROBACH: The
18 Secretary will read.
19 THE SECRETARY: By Senators
20 Breslin and Bruno, Legislative Resolution
21 Number 2995, mourning the death of Diva de
22 Loayza, distinguished citizen and devoted
23 member of her community.
24 ACTING PRESIDENT ROBACH: Senator
25 Larkin -- or, excuse me, Senator Breslin, on
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1 the resolution.
2 SENATOR BRESLIN: No greater
3 compliment could you offer than to mistake me
4 for Senator Larkin.
5 I rise on this resolution in a very
6 bittersweet way. Diva de Loayza was a
7 well-known fashion designer who was born and
8 raised in the Albany area who was tragically
9 killed when she was on a bicycle back in early
10 June.
11 She went off to New York, to
12 Parsons, to develop her fashion designing
13 career, ended up as a major player in
14 San Francisco, Los Angeles, with her avant
15 garde designs.
16 She then returned to her roots in
17 Albany, where she opened up a shop; continuing
18 to add to the economy of New York State,
19 opened another store in Troy, Senator Bruno's
20 district; opened up another store in Syracuse,
21 Senator DeFrancisco's district; and opened up
22 an additional store in Senator Winner's
23 district.
24 She was a wonderful human being who
25 did much for not only this Capital District
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1 area but for the state of New York. And she
2 brought her accomplishments throughout the
3 state of New York. And it is a humbling duty
4 to stand up and praise someone who achieved so
5 much in such a short life.
6 Thank you, Mr. President.
7 ACTING PRESIDENT ROBACH: Thank
8 you, Senator Breslin.
9 No other Senators wishing to be
10 heard, the question is on the resolution. All
11 in favor signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT ROBACH:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT ROBACH: The
17 resolution is adopted.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 if we could go to the noncontroversial reading
21 of the calendar.
22 ACTING PRESIDENT ROBACH: Senator
23 Skelos.
24 SENATOR SKELOS: First, Mr.
25 President, if we could go to motions and
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1 resolutions. And I think there are also
2 substitutions at the desk.
3 ACTING PRESIDENT ROBACH: Motions
4 and resolutions.
5 Senator Griffo.
6 SENATOR GRIFFO: Thank you,
7 Mr. President.
8 I wish to call up Print Number
9 2360B, recalled from the Assembly, which is
10 now at the desk.
11 ACTING PRESIDENT ROBACH: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 136, by Senator Fuschillo, Senate Print 2360B,
15 an act to amend the General Business Law.
16 ACTING PRESIDENT ROBACH: Senator
17 Griffo.
18 SENATOR GRIFFO: Mr. President, I
19 now move to reconsider the vote by which this
20 bill was passed.
21 ACTING PRESIDENT ROBACH: Call
22 the roll on reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58.
25 SENATOR GRIFFO: Mr. President, I
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1 now offer the following amendments.
2 ACTING PRESIDENT ROBACH: The
3 amendments are received.
4 SENATOR GRIFFO: Mr. President, I
5 wish to call up Print Number 3854A, recalled
6 from the Assembly, which is now at your desk.
7 ACTING PRESIDENT ROBACH: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 631, by Senator Fuschillo, Senate Print 3854A,
11 an act to amend the General Business Law.
12 SENATOR GRIFFO: Mr. President, I
13 now move to reconsider the vote by which this
14 bill was passed.
15 ACTING PRESIDENT ROBACH: Call
16 the roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 58.
19 SENATOR GRIFFO: Mr. President, I
20 now offer the following amendments.
21 ACTING PRESIDENT ROBACH: The
22 amendments are received.
23 SENATOR GRIFFO: Mr. President,
24 amendments are offered to the following Third
25 Reading Calendar bills:
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1 Sponsored by Senator DeFrancisco,
2 on page 14, Calendar Number 498, Senate Print
3 Number 4025;
4 Sponsored by Senator Fuschillo,
5 page 18, Calendar Number 626, Senate Print
6 Number 2970A;
7 Again by Senator Fuschillo, page
8 number 25, Calendar Number 870, Senate Print
9 Number 5543B;
10 And by Senator Skelos, page number
11 49, Calendar Number 1732, Senate Print Number
12 6167.
13 I now move that these bills retain
14 their place on the order of third reading.
15 ACTING PRESIDENT ROBACH: The
16 amendments are received and adopted, and the
17 bills will retain their place on the Third
18 Reading Calendar.
19 The Secretary will read the
20 substitutions.
21 THE SECRETARY: On page 16,
22 Senator Bonacic moves to discharge, from the
23 Committee on Rules, Assembly Bill Number 8798
24 and substitute it for the identical Senate
25 Bill Number 3970A, Third Reading Calendar 588.
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1 On page 26, Senator Volker moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 7432 and substitute it
4 for the identical Senate Bill Number 4995,
5 Third Reading Calendar 925.
6 On page 29, Senator Marcellino
7 moves to discharge, from the Committee on
8 Environmental Conservation, Assembly Bill
9 Number 7179 and substitute it for the
10 identical Senate Bill Number 5327A, Third
11 Reading Calendar 1005.
12 On page 32, Senator Volker moves to
13 discharge, from the Committee on Rules,
14 Assembly Bill Number 6311 and substitute it
15 for the identical Senate Bill Number 4694,
16 Third Reading Calendar 1109.
17 On page 34, Senator Volker moves to
18 discharge, from the Committee on Rules,
19 Assembly Bill Number 7845B and substitute it
20 for the identical Senate Bill Number 5233B,
21 Third Reading Calendar 1143.
22 On page 35, Senator Stewart-Cousins
23 moves to discharge, from the Committee on
24 Rules, Assembly Bill Number 3172 and
25 substitute it for the identical Senate Bill
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1 Number 4136, Third Reading Calendar 1185.
2 On page 49, Senator Maltese moves
3 to discharge, from the Committee on Rules,
4 Assembly Bill Number 8370 and substitute it
5 for the identical Senate Bill Number 6188,
6 Third Reading Calendar 1734.
7 And on page 50, Senator Marcellino
8 moves to discharge, from the Committee on
9 Rules, Assembly Bill Number 6943 and
10 substitute it for the identical Senate Bill
11 Number 4011, Third Reading Calendar 1762.
12 ACTING PRESIDENT ROBACH:
13 Substitutions ordered.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could go to the noncontroversial reading
17 of the calendar.
18 ACTING PRESIDENT ROBACH: The
19 Secretary will read.
20 SENATOR SKELOS: Mr. President,
21 before we go to the noncontroversial reading,
22 the resolution that was passed, 2995, by
23 Senator Breslin, cosponsored by Senators Bruno
24 and Saland, they would like to have the entire
25 resolution opened up to the entire membership.
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1 If anybody wishes not to sponsor
2 it, they should notify the desk.
3 ACTING PRESIDENT ROBACH: Thank
4 you, Senator Skelos.
5 Let me announce to the members, on
6 the Breslin resolution, that will be also
7 offered to all members for cosponsorship. If
8 for some reason you do not wish to cosponsor
9 that, please indicate so at the front desk.
10 Thank you.
11 The Secretary will conduct the
12 reading of the noncontroversial calendar.
13 THE SECRETARY: Calendar Number
14 121, by Senator Maziarz, Senate Print 948C, an
15 act to amend the Labor Law.
16 ACTING PRESIDENT ROBACH: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 132, by Senator Padavan, Senate Print 1462, an
3 act to amend the Agriculture and Markets Law.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 120th day.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 58. Nays,
12 1. Senator Seward recorded in the negative.
13 ACTING PRESIDENT ROBACH: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 306, by Senator Seward, Senate Print 804A, an
17 act to amend Chapter 650 of the Laws of 1998
18 amending the Insurance Law.
19 ACTING PRESIDENT ROBACH: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT ROBACH: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 337, by Senator Morahan, Senate Print 2443, an
6 act to amend the General Business Law.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 359, by Senator Maziarz, Senate Print 3674, an
19 act to amend the Labor Law.
20 ACTING PRESIDENT ROBACH: Read
21 the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
24 ACTING PRESIDENT ROBACH: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 59.
3 ACTING PRESIDENT ROBACH: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 412, by Senator Robach, Senate Print 3745, an
7 act to amend the Education Law.
8 ACTING PRESIDENT ROBACH: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT ROBACH: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 59.
16 ACTING PRESIDENT ROBACH: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 427, by Senator Flanagan, Senate Print 3688A,
20 an act authorizing the state to convey letters
21 patent.
22 ACTING PRESIDENT ROBACH: Read
23 the last section.
24 THE SECRETARY: Section 4. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ROBACH: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT ROBACH: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 446, by Senator Larkin, Senate Print 2895A, an
9 act to amend the Racing, Pari-Mutuel Wagering
10 and Breeding Law.
11 ACTING PRESIDENT ROBACH: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT ROBACH: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT ROBACH:
19 Announce the results.
20 THE SECRETARY: Ayes, 58. Nays,
21 1. Senator Duane recorded in the negative.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 588, substituted earlier today by Member of
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1 the Assembly Kavanagh, Assembly Print Number
2 8798, an act to amend the Private Housing
3 Finance Law.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 59.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 671, by Senator Seward, Senate Print 3687A, an
16 act to allow a filing.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 59.
25 ACTING PRESIDENT ROBACH: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 716, by Senator Young, Senate Print 3714A, an
4 act to amend the Agriculture and Markets Law.
5 ACTING PRESIDENT ROBACH: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ROBACH: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 ACTING PRESIDENT ROBACH: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 718, by Senator Young, Senate Print 4454A, an
17 act to amend the Real Property Tax Law.
18 ACTING PRESIDENT ROBACH: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT ROBACH: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 ACTING PRESIDENT ROBACH: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 719, by Senator Hannon, Senate Print 599A, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT ROBACH: Read
7 the last section.
8 THE SECRETARY: Section 9. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT ROBACH: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 59.
14 ACTING PRESIDENT ROBACH: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 755, by Senator Fuschillo, Senate Print 5050C,
18 an act to amend the Executive Law and the
19 General Business Law.
20 ACTING PRESIDENT ROBACH: Read
21 the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the first of January
24 next succeeding.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 59.
4 ACTING PRESIDENT ROBACH: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 817, by Senator Flanagan, Senate Print 4175A,
8 an act to amend the Public Authorities Law.
9 ACTING PRESIDENT ROBACH: Read
10 the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT ROBACH: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT ROBACH: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 885, by Senator Little, Senate Print 1132, an
21 act to amend the Town Law and the Village Law.
22 ACTING PRESIDENT ROBACH: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ROBACH: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 59.
5 ACTING PRESIDENT ROBACH: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 917, by Senator Morahan, Senate Print 5398A,
9 an act to establish a temporary task force.
10 ACTING PRESIDENT ROBACH: Read
11 the last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ROBACH: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT ROBACH: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 925, substituted earlier today by Member of
22 the Assembly Hoyt, Assembly Print Number 7432,
23 an act to amend the Public Authorities Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 59.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 954, by Senator Padavan, Senate Print 4603, an
11 act to amend the Administrative Code of the
12 City of New York and the Education Law.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 ACTING PRESIDENT ROBACH: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 955, by Senator Padavan, Senate Print 5223, an
25 act to amend the Administrative Code of the
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1 City of New York.
2 ACTING PRESIDENT ROBACH: Read
3 the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 968, by Senator Hannon, Senate Print 4992A, an
14 act to amend the Public Health Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 972, by Senator Farley, Senate Print 899A, an
2 act to amend the Education Law.
3 ACTING PRESIDENT ROBACH: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect April 1, 2008.
7 ACTING PRESIDENT ROBACH: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT ROBACH: Senator
11 Duane, to explain his vote.
12 SENATOR DUANE: Thank you,
13 Mr. President.
14 I'm thrilled to vote for this bill,
15 which is an institution which is, I'd have to
16 say, shared by Senator Liz Krueger and myself.
17 So with a tip of my not wearing a
18 hat to Senator Farley, I will be voting in the
19 affirmative.
20 ACTING PRESIDENT ROBACH: Thank
21 you, Senator Duane.
22 Announce the results.
23 THE SECRETARY: Ayes, 59.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1005, substituted earlier today by Member of
3 the Assembly Weisenberg, Assembly Print Number
4 7179, an act to amend Chapter 203 of the Laws
5 of 1999 amending the Environmental
6 Conservation Law.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1019, by Senator Winner, Senate Print 3606, an
19 act to amend the Alcoholic Beverage Control
20 Law.
21 ACTING PRESIDENT ROBACH: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 60th day.
25 ACTING PRESIDENT ROBACH: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58. Nays,
4 1. Senator Duane recorded in the negative.
5 ACTING PRESIDENT ROBACH: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1074, by Senator Griffo, Senate Print 3657A,
9 an act to amend the Education Law.
10 ACTING PRESIDENT ROBACH: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ROBACH: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59.
18 ACTING PRESIDENT ROBACH: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1079, by Senator Nozzolio, Senate Print 5000A,
22 an act in relation to legalizing certain acts.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1100, by Senator Fuschillo, Senate Print
10 5541A, an act to amend the Executive Law and
11 the Criminal Procedure Law.
12 ACTING PRESIDENT ROBACH: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 59.
20 ACTING PRESIDENT ROBACH: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1109, substituted earlier today by Member of
24 the Assembly Abbate, Assembly Print Number
25 6311, an act to amend the Retirement and
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1 Social Security Law.
2 ACTING PRESIDENT ROBACH: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT ROBACH: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1114, by Senator Maziarz, Senate Print 516A,
14 an act to amend the Real Property Law.
15 ACTING PRESIDENT ROBACH: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT ROBACH: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 59.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1135, by Senator Little, Senate Print 5704B,
2 an act to amend the General Municipal Law and
3 the Town Law.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 10. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1141, by Senator Rath, Senate Print 3950, an
16 act to amend the Parks, Recreation and
17 Historic Preservation Law.
18 ACTING PRESIDENT ROBACH: Read
19 the last section.
20 THE SECRETARY: Section 6. This
21 act shall take effect on the first of
22 November.
23 ACTING PRESIDENT ROBACH: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1143, substituted earlier today by Member of
6 the Assembly Peoples, Assembly Print Number
7 7845B, an act to amend the Parks, Recreation
8 and Historic Preservation Law.
9 ACTING PRESIDENT ROBACH: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT ROBACH: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT ROBACH: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1152, by Senator Flanagan, Senate Print 4354A,
21 an act to amend the Highway Law.
22 ACTING PRESIDENT ROBACH: There
23 is a home-rule message at the desk.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1153, by Senator Bonacic, Senate Print 4370,
10 an act to amend the Vehicle and Traffic Law.
11 ACTING PRESIDENT ROBACH: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 120th day.
15 ACTING PRESIDENT ROBACH: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT ROBACH: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1159, by Senator Morahan, Senate Print 4001,
23 an act to amend the Mental Hygiene Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1163, by Senator Morahan, Senate Print 5473A,
11 an act to amend the Mental Hygiene Law.
12 ACTING PRESIDENT ROBACH: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT ROBACH: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT ROBACH: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1185, substituted earlier today by Member of
24 the Assembly Pretlow, Assembly Print Number
25 3172, an act to amend Chapter 761 of the Laws
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1 of 1976 authorizing the County of Westchester.
2 ACTING PRESIDENT ROBACH: There
3 is a home-rule message at the desk.
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT ROBACH: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT ROBACH: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1307, by Senator Little, Senate Print 5364A,
15 an act to amend the Real Property Actions and
16 Proceedings Law.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58. Nays,
25 2. Senators Duane and Sampson recorded in the
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1 negative.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1334, by Senator DeFrancisco, Senate Print
6 1265A, an act to amend the Public Health Law.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the 180th day.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 60.
15 ACTING PRESIDENT ROBACH: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1382, by Senator Stachowski, Senate Print
19 1340A, an act to authorize the Town of Eden in
20 the County of Erie.
21 ACTING PRESIDENT ROBACH: There
22 is a home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT ROBACH: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 60.
5 ACTING PRESIDENT ROBACH: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1402, by Senator Wright, Senate Print 5744A,
9 an act to amend the Public Service Law.
10 ACTING PRESIDENT ROBACH: Read
11 the last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect immediately.
14 ACTING PRESIDENT ROBACH: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT ROBACH: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1498, by Senator Seward, Senate Print 2180B,
22 an act to amend the Vehicle and Traffic Law
23 and the General Business Law.
24 ACTING PRESIDENT ROBACH: Read
25 the last section.
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1 THE SECRETARY: Section 5. This
2 act shall take effect January 1, 2008.
3 ACTING PRESIDENT ROBACH: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1499, by Senator Winner, Senate Print 2366A,
11 an act to amend the Tax Law.
12 ACTING PRESIDENT ROBACH: A local
13 fiscal impact note is at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first of the
17 month next succeeding.
18 ACTING PRESIDENT ROBACH: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1595, by the Senate Committee on Rules, Senate
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1 Print Number 6014A, an act to amend the Tax
2 Law.
3 ACTING PRESIDENT ROBACH: Read
4 the last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect immediately.
7 ACTING PRESIDENT ROBACH: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT ROBACH: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1616, by Senator LaValle, Senate Print 898B,
15 an act to authorize payment.
16 ACTING PRESIDENT ROBACH: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 60.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1626, by Senator Seward, Senate Print 3944A,
3 an act to amend the Tax Law.
4 ACTING PRESIDENT ROBACH: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT ROBACH: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT ROBACH: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1686, by Senator Griffo, Senate Print 6100, an
16 act to amend the Civil Service Law.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT ROBACH: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1720, by Senator Padavan, Senate Print 5224,
4 an act to amend the Alcoholic Beverage Control
5 Law.
6 ACTING PRESIDENT ROBACH: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 120th day.
10 ACTING PRESIDENT ROBACH: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT ROBACH: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1726, by Senator Seward, Senate Print 5775, an
18 act to amend the Vehicle and Traffic Law.
19 ACTING PRESIDENT ROBACH: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 120th day.
23 ACTING PRESIDENT ROBACH: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59. Nays,
2 1. Senator Duane recorded in the negative.
3 ACTING PRESIDENT ROBACH: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1729, by Senator Larkin, Senate Print 6012A,
7 an act to amend the Alcoholic Beverage Control
8 Law.
9 ACTING PRESIDENT ROBACH: Read
10 the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 90th day.
13 ACTING PRESIDENT ROBACH: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59. Nays,
17 1. Senator Duane recorded in the negative.
18 ACTING PRESIDENT ROBACH: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1733, by Senator Rath, Senate Print 6184, an
22 act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT ROBACH: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1734, substituted earlier today by Member of
10 the Assembly Abbate, Assembly Print Number
11 8370, an act to allow members of the Board of
12 Education.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT ROBACH: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1735, by Senator LaValle, Senate Print 1668,
25 an act to amend the Executive Law.
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1 ACTING PRESIDENT ROBACH: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect immediately.
5 ACTING PRESIDENT ROBACH: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 60.
9 ACTING PRESIDENT ROBACH: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1736, by Senator Trunzo, Senate Print 2506B,
13 an act in relation to authorizing.
14 ACTING PRESIDENT ROBACH: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT ROBACH: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 58. Nays,
22 2. Senators Bonacic and Larkin recorded in
23 the negative.
24 ACTING PRESIDENT ROBACH: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1737, by Senator Young, Senate Print --
3 SENATOR SKELOS: Lay it aside for
4 the day, please.
5 ACTING PRESIDENT ROBACH: The
6 bill is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 1758, by Senator Winner, Senate Print 6148, an
9 act to amend Chapter 987 of the Laws of --
10 SENATOR DUANE: Lay it aside,
11 please.
12 ACTING PRESIDENT ROBACH: The
13 bill is laid aside.
14 THE SECRETARY: Calendar Number
15 1761, by Senator Skelos, Senate Print 3223A,
16 an act to amend the Workers' Compensation Law.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT ROBACH: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1762, substituted earlier today by Member of
4 the Assembly Conte, Assembly Print Number
5 6943, an act to authorize Pederson-Krag Center
6 of New York.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 58. Nays,
15 2. Senators Bonacic and Larkin recorded in
16 the negative.
17 ACTING PRESIDENT ROBACH: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1763, by Senator Marcellino, Senate Print
21 4612A, an act to authorize the Incorporated
22 Village of Muttontown.
23 ACTING PRESIDENT ROBACH: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT ROBACH: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 59. Nays,
6 1. Senator Bonacic recorded in the negative.
7 ACTING PRESIDENT ROBACH: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1764, by Senator Marcellino, Senate Print
11 4717A, an act to authorize the Incorporated
12 Village of Muttontown.
13 ACTING PRESIDENT ROBACH: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT ROBACH: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59. Nays,
21 1. Senator Bonacic recorded in the negative.
22 ACTING PRESIDENT ROBACH: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1765, by Senator Lanza, Senate Print 5609A, an
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1 act to amend the Environmental Conservation
2 Law.
3 ACTING PRESIDENT ROBACH: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT ROBACH: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT ROBACH: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1766, by Senator O. Johnson, Senate Print
15 6057, an act to amend the Environmental
16 Conservation Law.
17 ACTING PRESIDENT ROBACH: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT ROBACH: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 58. Nays,
25 2. Senators Duane and LaValle recorded in the
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1 negative.
2 ACTING PRESIDENT ROBACH: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1767, by Senator Bruno, Senate Print 6288, an
6 act to amend the Education Law.
7 ACTING PRESIDENT ROBACH: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT ROBACH: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT ROBACH: Senator
15 LaValle, to explain his vote.
16 SENATOR LaVALLE: Mr. President,
17 thank you very much.
18 This bill and the one to follow are
19 bills that would make the kinds of commitments
20 that we should be making in the intellectual
21 capital in this state.
22 Here, in this bill, we are
23 rewarding our veterans who have fought in any
24 war additional tuition aid up to $4,350, which
25 is the SUNY tuition. And I think that, at
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1 minimum, is what we can do to reward and thank
2 our veterans who have gone to war, served our
3 nation to protect our freedoms.
4 Thank you, Mr. President. I vote
5 in the affirmative.
6 ACTING PRESIDENT ROBACH: Senator
7 LaValle will be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT ROBACH: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1768, by Senator Bruno, Senate Print 6289, an
14 act to amend the Education Law and the Tax
15 Law.
16 ACTING PRESIDENT ROBACH: Read
17 the last section.
18 THE SECRETARY: Section 12. This
19 act shall take effect immediately.
20 ACTING PRESIDENT ROBACH: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT ROBACH: Senator
24 Stavisky, to explain her vote.
25 SENATOR STAVISKY: To explain my
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1 vote, Mr. President.
2 I too support a commitment to our
3 students, but I think we have to have a
4 different kind of commitment, particularly to
5 students in the middle class.
6 Several weeks ago Senator Smith,
7 Senator Stewart-Cousins, Senator Sabini and I
8 held a press conference to suggest ways we can
9 distribute the TAP money more equitably. When
10 students graduate from college, they face
11 tremendous debts. The amount has gone up in
12 the -- it has doubled in the last 15 years or
13 so.
14 We are mortgaging our students'
15 future. And we have to make sure that TAP
16 accurately reveals our middle-class students'
17 needs. Our proposal was for $183 million, but
18 distributed quite differently.
19 And, Mr. President, because of my
20 concerns, I vote no.
21 ACTING PRESIDENT ROBACH: Senator
22 LaValle, to explain his vote.
23 SENATOR LaVALLE: Thank you very
24 much, Mr. President.
25 This bill before us is one of the
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1 most expansive student financial aid proposals
2 to come before this body. It truly is
3 legislation that will provide the hardworking
4 middle-income taxpayer with relief, relief
5 through the TAP program by expanding each
6 category.
7 It takes the maximum income from
8 $80,000 to $100,000 and also the award at the
9 $100,000 net taxable income to $1,000. That
10 right now is $500.
11 As everyone here knows, we were the
12 first in the nation for a tuition tax credit
13 tax deductibility law. We're bringing that
14 up-to-date. Presently the deductibility is
15 $10,000. We're making that $14,000. The tax
16 credit goes from 4 percent to 5 percent.
17 Students walk away with loans of $15,000, on
18 the average, if you are public, at a public
19 university, or $21,000 for those in the
20 private sector.
21 Once again, we could be the first
22 state in the nation to adopt a proposal like
23 this, to give those students with incomes of
24 $50,000 or less up to a $1,000 tax credit.
25 There are other proposals on math
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1 and science to give awards up to $1,000 a year
2 for five years, and also to expand the math
3 teacher program from 500 awards to 700.
4 This proposal would go a long way
5 to help students get their dream, do it in a
6 way where they don't carry a huge debt. And
7 it is really focused on the one category of
8 students who would get the most help, is that
9 middle-income student.
10 So I vote in the affirmative,
11 Mr. President.
12 ACTING PRESIDENT ROBACH: Senator
13 LaValle will be recorded in the affirmative.
14 And I was remiss; Senator Stavisky
15 will be recorded in the negative.
16 Senator Krueger, to explain your
17 vote.
18 SENATOR LIZ KRUEGER: Thank you,
19 Mr. President. I also rise to explain my
20 vote.
21 Because it's true, when you look at
22 this bill, you think why wouldn't we want to
23 expand TAP for middle-income students. And
24 the fact is I would argue we want to do a lot
25 to increase young people's ability to go to
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1 college in the state of New York, middle
2 income and low income.
3 So my problem with this legislation
4 and my reason to vote against it is it doesn't
5 do very much for low-income students who need
6 to go to college in this state. And I think
7 it's wrong for us to move a package that will
8 cost a significant amount of money in the
9 state budget, money we actually haven't
10 explained where we're getting it -- but to
11 imagine creating a new program of expanded TAP
12 that in fact will do so little for low-income
13 students.
14 And some of the data I have is that
15 this enhancement package would basically not
16 assist any of the 80,000 students who are
17 already at the maximum TAP level in the state
18 of New York, most of whom are CUNY students.
19 And that this package would in fact
20 statistically most assist students going to
21 independent colleges, not CUNY and SUNY.
22 Now, I love independent private
23 colleges. I'm a graduate of two of them. But
24 I also know, because I sit through budget
25 fights here every year, that we're not doing
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1 enough for CUNY and SUNY and that, frankly,
2 compared to most states in this country, we
3 underfund our public university system at a
4 level that should embarrass us.
5 So if we're increasing money to
6 help students go to college -- and I want
7 every student who wants to go to college to be
8 able to go to college -- I have a serious
9 problem with our passing a piece of
10 legislation that technically would really do
11 nothing for CUNY and SUNY in comparison to all
12 the additional monies it would provide to
13 independent colleges.
14 I'm also very concerned that the
15 way the language is written in this bill,
16 students who might have defaulted on a federal
17 loan wouldn't be eligible for TAP. And
18 there's a lot of reasons why students end up
19 defaulting on federal loans. Most likely,
20 that they were wrongly steered or directed
21 into the wrong program for them, and perhaps
22 not even a legitimate university or college.
23 Perhaps one of those questionable colleges
24 that continues to exist in New York State in
25 these private proprietary schools, some of
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1 which are terrific and some of which are not.
2 So having failed in one goal of
3 starting school and ending up potentially
4 defaulting on a federal loan, now under this
5 legislation we would deny them to the right to
6 try again to get some financial aid to go to a
7 college to get the degree, to be able to
8 graduate, become a taxpaying citizen and
9 ironically have the ability to make good on
10 the defaulted loan they already have on their
11 record.
12 So I want to do the right thing for
13 college students and their families in this
14 state, and I want to make sure we pass laws
15 that help every student get to college. But I
16 am too concerned about who is impacted and who
17 is not helped in this bill to be comfortable
18 voting for it. So I vote no.
19 Thank you, Mr. President.
20 ACTING PRESIDENT ROBACH: Senator
21 Krueger will be recorded in the negative.
22 Senator Adams, to explain his vote.
23 SENATOR ADAMS: Thank you,
24 Mr. President.
25 As I was sitting here I was trying
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1 to think of one person that I know that didn't
2 default on a student loan, and I don't know
3 any.
4 You know, the government still
5 receives the money even when you default on a
6 student loan. So we shouldn't give the
7 impression that a default on a student loan
8 means that the government is not going to
9 follow this individual throughout his entire
10 life until -- with interest.
11 So the concept and the logic behind
12 taking away financial assistance to someone
13 who can't pay their student loan because they
14 don't have the money is just not making sense
15 to me.
16 And how that helps middle-class
17 New Yorkers -- it ignored low-income
18 New Yorkers. And then when you look at the
19 remedial aspect, those who take remedial
20 courses, they will also be hurt by this bill.
21 So there are good parts of this
22 bill that does allow New Yorkers to experience
23 the American dream. But you know what?
24 There's parts that turn low-income
25 individuals' American dream into a nightmare.
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1 To attach a student loan default to a
2 requirement for someone to receive financial
3 assistance is not logical. It's not logical.
4 And if you ask yourself, in
5 honesty, those who went through law school,
6 those who went through their master's degree,
7 those who went through their bachelor's, have
8 you defaulted on your loan, would you have
9 liked to see financial assistance removed from
10 you because of that. No one defaults merely
11 because it's a popular thing to do. They do
12 it because they don't have the financial
13 needs.
14 I think this is the wrong
15 direction. I think it hurts not only
16 low-income but it hurts middle-income, the
17 average mother and father, homeowner, who put
18 two mortgages on their home to send their
19 child through school. College tuition is
20 increasing at a rate that's unbelievable. All
21 New Yorkers are experiencing the difficulties
22 of paying for college. And this is going in
23 the wrong direction by penalizing individuals
24 who make financial mistakes.
25 I vote no on this bill.
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1 ACTING PRESIDENT ROBACH: Senator
2 Adams will be recorded in the negative.
3 And could I remind my colleagues
4 that when we are on explaining our vote, try
5 and stick to that two-minute explanation, if
6 we could.
7 With that introduction, Senator
8 Parker.
9 SENATOR PARKER: Yes,
10 Mr. President, to explain my vote.
11 ACTING PRESIDENT ROBACH: To
12 explain your vote.
13 SENATOR PARKER: In keeping with
14 the two minutes, let me go through my prepared
15 speech. Four score and seven years ago --
16 (Laughter.)
17 SENATOR PARKER: Let me just very
18 quickly, first, thank Senate Bruno for
19 bringing this bill forward and raising this
20 issue. I want to congratulate him on doing
21 something that's very important but not very
22 popular, which is looking out for middle-class
23 and middle-income people. This is truly,
24 truly needed.
25 I think that this bill is a great
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1 start. I would love for us to continue to
2 work on it, to expand it, because it really
3 does need to include a number of low-income
4 individuals who certainly. Certainly need the
5 help getting education.
6 Education is really the most
7 important thing that we can provide as a
8 government for our citizenship, and not only
9 helps with income and economic opportunity but
10 it certainly helps in terms of creating better
11 citizens who are able to have better outcomes
12 as relates to housing, as relates to their
13 health and other things.
14 And so I would like to support this
15 bill. I think that if we were able to include
16 low-income individuals, I certainly could vote
17 yea on it. But unfortunately, it does not.
18 And so until we can in fact get
19 this where it needs to be where we continue
20 both to take care of middle-income folks and
21 low-income students, I have to vote nay.
22 ACTING PRESIDENT ROBACH: Senator
23 Parker will be recorded in the negative.
24 Senator Schneiderman, to explain
25 his vote.
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1 SENATOR SCHNEIDERMAN: Thank you,
2 Mr. President.
3 I concur with a lot of the
4 sentiments expressed by my colleagues. Very
5 simply, we can do better. We must do better.
6 This is not a bill that is going to pass and
7 become a law this year. As we go back into
8 our negotiations, we have to do better. We
9 must do better.
10 TAP and our entire system of higher
11 education has been under assault for years by
12 the prior gubernatorial administration. We
13 have a new Governor who's willing to take a
14 new look at all of these issues. We have to
15 do better especially for the poorest students
16 in our state. I vote no.
17 Thank you.
18 ACTING PRESIDENT ROBACH: Senator
19 Schneiderman will be recorded in the negative.
20 Announce the results.
21 Oh, I'm sorry, excuse me. Senator
22 DeFrancisco, to explain his vote.
23 SENATOR DeFRANCISCO: Yes, I'm
24 going to vote aye, and I just want to clarify
25 one thing.
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1 What this bill does is increase the
2 income level from $80,000 to $100,000 where
3 people would be -- families would be entitled
4 for TAP awards. And as far as I understand
5 it, low income is included in that figure.
6 It's not that we're providing a
7 window that only handles middle class or upper
8 class. It still provides for grants for low
9 income. And it may not be a perfect bill, but
10 it's as close to what we're going to get this
11 session, and I vote yes.
12 ACTING PRESIDENT ROBACH: Senator
13 DeFrancisco will be recorded in the
14 affirmative.
15 Announce the results.
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1768 are
18 Senators Adams, Gonzalez, L. Krueger, Parker,
19 Schneiderman and Stavisky. Also Senator
20 Hassell-Thompson. Also Senator Serrano. Also
21 Senator Huntley.
22 Ayes, 52. Nays, 9.
23 ACTING PRESIDENT ROBACH: The
24 bill is passed.
25 Senator Skelos, that completes the
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1 noncontroversial reading of the calendar.
2 SENATOR SKELOS: Mr. President, I
3 believe there's one bill on the controversial
4 calendar: 1758, by Senator Winner.
5 ACTING PRESIDENT ROBACH: The
6 Secretary will ring the bell.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1758, by Senator Winner, Senate Print 6148 --
10 SENATOR LIZ KRUEGER:
11 Explanation.
12 ACTING PRESIDENT ROBACH: Senator
13 Winner.
14 SENATOR WINNER: Thank you,
15 Mr. President.
16 This is a very, very simple bill.
17 This is a bill to allow the board of governors
18 of the New York State Dental Association,
19 which is a representative component body
20 representing 13 component dental societies, to
21 choose the officers of the New York State
22 Dental Society rather than having them be
23 chosen at a meeting of the general membership
24 at their annual meeting.
25 The original statute having them
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1 selected by the membership at large was
2 created in 1868, and it at that time was
3 justifiable. They had even called for a
4 quorum of 20 members. And now they have
5 14,000 members of the New York State Dental
6 Society.
7 The board of governors is a truly
8 representative body of that society, and they
9 believe that it is appropriate for the purpose
10 of proper democracy within their own
11 association, which is what they're choosing to
12 do, to have the selection of their officers
13 made in this manner.
14 ACTING PRESIDENT ROBACH: Senator
15 Krueger.
16 SENATOR LIZ KRUEGER: Thank you,
17 Mr. President. If the sponsor would yield
18 please.
19 ACTING PRESIDENT ROBACH: Will
20 you yield, Senator Winner, for an additional
21 question?
22 SENATOR WINNER: Under the
23 penalty of a root canal, I will be glad to
24 yield.
25 (Laughter.)
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1 ACTING PRESIDENT ROBACH: Senator
2 Krueger, I think that's a yes.
3 SENATOR LIZ KRUEGER: I certainly
4 won't be performing any root canal, so it
5 won't be from me, Senator Winner.
6 Thank you, Mr. President.
7 I confess freely I know little
8 about the dental association's history of how
9 they decide their leadership and elect their
10 officers. But I do understand that the state
11 dental association is created by the votes of
12 the county dental associations. And it's been
13 brought to me by my county dental association
14 that they actually don't like the idea of
15 instead of 14,000 dentists having the ability
16 to vote for who would be the officers of the
17 statewide board, that instead it would be
18 decided by the majority of a quorum of 20 --
19 which I think would be 13 or 14, under their
20 rules -- who could decide, instead of 14,000
21 dentists.
22 And I do understand the point of
23 the bill and the memo that, yes, you probably
24 won't get 14,000 dentists or any percentage
25 thereof coming to Albany for a specific
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1 meeting. In fact, I have been advised that
2 it's approximately a hundred who show up.
3 Which would still be more than some percentage
4 of 20.
5 But what I don't understand is if
6 we are concerned about keeping democracy and
7 letting the dentists decide who their own
8 board executives should be, why don't we just
9 change the law and allow for a paper ballot or
10 a proxy vote or an electronic vote?
11 My concern is one -- and you used
12 the term of democracy -- why shouldn't the
13 14,000 dentists of New York State be allowed
14 to decide their own leadership? And yes,
15 perhaps calling them all up to one meeting is
16 antiquated and time-consuming, but why not
17 paper ballots or another form of voting?
18 SENATOR WINNER: Mr. President,
19 the society itself has made a determination
20 that this is how they wish to conduct their
21 affairs.
22 I would point out parenthetically,
23 in the spirit of democracy and the effort of
24 participation, that there are 2,000 -- this
25 fact might come as a interesting fact for you.
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1 In the 2006 annual meeting of the New York
2 State Dental Society, there are 2,000 general
3 members of the society from New York City.
4 And out of those 2,000 members, some of whom
5 apparently have contacted you and are very
6 concerned about their lack of democratic
7 process or involvement -- I know this might
8 surprise you, but the grand total of zero went
9 to the meeting. So the fact of the matter is
10 that there were only 40 people that went to
11 the last annual meeting.
12 And as such, they feel that for the
13 purposes of not having a result that is so
14 skewed that they would have the overall
15 general overseeing board of directors, similar
16 to corporations that have the board of
17 directors elect the officers of the
18 corporation, that they will have a board of
19 directors, which they have, which is
20 representative of all 13 societies in the
21 state, choose the officers.
22 And they believe that that would be
23 very -- because they are elected from their
24 local societies, that they would be able to be
25 representative of what was truly sought for in
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1 the area of how to perform a proper root
2 canal.
3 SENATOR LIZ KRUEGER: Mr.
4 President, on the bill.
5 ACTING PRESIDENT ROBACH: Senator
6 Krueger, on the bill.
7 SENATOR LIZ KRUEGER: Thank you.
8 Thank you to the sponsor for his
9 clarification.
10 Well, actually, there's 2361
11 members from my borough, Manhattan. And I
12 suspect, although I don't know for sure,
13 Queens, Brooklyn, Bronx and Staten Island
14 probably all also have some dentists. So --
15 yes, he's saying yes, they do. There are zero
16 dentists in Brooklyn, Bronx, Queens and Staten
17 Island? I know that's not true. But if there
18 are 2361 in Manhattan, there are some larger
19 number in the rest of the boroughs.
20 My understanding also is that the
21 decision to ask for this bill and to shift
22 from 9,000 voting members out of 13,000
23 dentists in New York State was decided also by
24 a handful of people as an add-on to a board
25 meeting I believe that was in Puerto Rico. So
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1 I'm not sure how many members would have been
2 there. Although I hope Puerto Rico was lovely
3 that time of year.
4 SENATOR DIAZ: It's always.
5 SENATOR LIZ KRUEGER: It always
6 is, says Senator Diaz.
7 So frankly I think democracy allows
8 for the greatest number of people to
9 participate. I'm not entirely sure why the
10 State Legislature decides the membership and
11 officer status of the Dental Association of
12 New York State; apparently it dates back to
13 the 1800s. So I'm not sure how many other
14 issues like this will come before us.
15 But my county has told me they're
16 concerned about this. They've asked me to
17 vote no. They think everybody should have an
18 opportunity to vote on the leadership of their
19 state association.
20 And again, in a world of modern
21 technology and even mailed ballots, I don't
22 think it's so hard to come up with an
23 alternative to inviting everyone to one
24 meeting each year. So I'll vote no.
25 Thank you, Mr. President.
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1 ACTING PRESIDENT ROBACH: Senator
2 Krueger will be recorded in the negative.
3 Is there any other Senator wishing
4 to be heard? If none, debate is closed.
5 The Secretary will ring the bell.
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT ROBACH: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT ROBACH:
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1758 are
16 Senators Adams, L. Krueger, Morahan and
17 Parker.
18 Ayes, 57. Nays, 4.
19 ACTING PRESIDENT ROBACH: The
20 bill is passed.
21 Senator Skelos, that completes the
22 controversial reading of the calendar.
23 SENATOR SKELOS: For the
24 information of the members, there will be
25 another Rules report coming out that we'll be
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1 voting on a little bit later.
2 And now we're going to go to
3 reports of standing committees for the report
4 of the Judiciary Committee.
5 ACTING PRESIDENT ROBACH: Reports
6 of standing committees.
7 The Secretary will read.
8 THE SECRETARY: Senator
9 DeFrancisco, from the Committee on Judiciary,
10 reports the following nominations.
11 As a justice of the Supreme Court
12 of the Third Judicial District, Christopher E.
13 Cahill, of Kingston.
14 ACTING PRESIDENT WINNER: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Thank you,
17 Mr. President --
18 ACTING PRESIDENT WINNER: Senator
19 DeFrancisco, if you could bear with me for a
20 moment.
21 Could we have some order in the
22 chamber, please. This is very important
23 business.
24 Thank you, Senator DeFrancisco.
25 SENATOR DeFRANCISCO: Thank you.
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1 Each of the nominees that came
2 before the committee today had their
3 qualifications fully explored prior to the
4 meeting, and each were found to be
5 well-qualified, with backgrounds that are
6 appropriate to become a judge in the state of
7 New York. And in addition, each one of them
8 passed unanimously in the Judiciary Committee
9 and are recommended to the full Senate for
10 confirmation.
11 And I would request, Mr. President,
12 that you call the first nomination.
13 ACTING PRESIDENT WINNER: The
14 question is on the confirmation of Christopher
15 E. Cahill, of Kingston, as a justice of the
16 Supreme Court of the Third Judicial District.
17 Senator DeFrancisco.
18 SENATOR DeFRANCISCO: Mr.
19 President, I would move the nomination and
20 request that you recognize Senator Bonacic to
21 second the nomination.
22 ACTING PRESIDENT WINNER: Senator
23 Bonacic, for the purpose of a second.
24 SENATOR BONACIC: Thank you,
25 Mr. President.
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1 I stand in support of the
2 nomination of Christopher Cahill. He appeared
3 before our Judiciary Committee earlier today
4 with his bride, Kim, who I believe is in the
5 chambers with him.
6 When you look at the background of
7 this gentleman, he has served with distinction
8 with Judge Bradley for over 22 years. He has
9 exhibited judicial temperament that is needed
10 to be a good judge. He certainly has the
11 intelligence. And he has written, on behalf
12 of Judge Bradley, quite a bit of learned
13 opinions.
14 He is respected by all the people
15 that I have spoken to in Ulster County, the
16 lawyers.
17 He has also given back to his
18 community. He was an adjunct instructor in
19 SUNY New Paltz. In addition, he was the
20 president of his bar association in Ulster
21 County, as well as participating in many
22 community activities.
23 When you look at the profile of
24 this gentleman, you could say he's a pillar of
25 the community. So I look forward to his work
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1 as a Supreme Court judge, and I second that
2 nomination.
3 Thank you, Mr. President.
4 ACTING PRESIDENT WINNER: Thank
5 you, Senator Bonacic.
6 Senator Larkin.
7 SENATOR LARKIN: Thank you,
8 Mr. President.
9 I'd like to join my colleagues
10 Senator DeFrancisco and Senator Bonacic on
11 seconding the nomination of soon-to-be Judge
12 Cahill. In my discussions -- I've represented
13 the Kingston area for the last 17 years. And
14 when I heard about a law clerk and I heard
15 about someone who was involved in the judicial
16 process, it was always said to me when you
17 want an honest, straight answer, one which
18 reflects dedication, commitment, thorough
19 research, ask Chris.
20 I had calls from judges, had calls
21 from clerks, had calls from normal attorneys,
22 who have all said the same thing: Chris is
23 the ideal person because of his commitment to
24 the judiciary, his commitment to fairness, his
25 commitment to the people he will represent in
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1 the future.
2 I am honored to stand here and
3 second the nomination of Chris Cahill.
4 ACTING PRESIDENT WINNER: Thank
5 you, Senator Larkin.
6 The question is on the confirmation
7 of Christopher E. Cahill, of Kingston, as a
8 justice of the Supreme Court of the Third
9 Judicial District. All those in favor of
10 confirmation signify by saying aye.
11 (Response of "Aye.")
12 ACTING PRESIDENT WINNER:
13 Opposed, nay.
14 (No response.)
15 ACTING PRESIDENT WINNER:
16 Christopher E. Cahill, of Kingston, is hereby
17 confirmed as a justice of the Supreme Court
18 for the Third Judicial District.
19 And he is accompanied today by his
20 wife, Kim Cahill. Congratulations.
21 (Applause.)
22 ACTING PRESIDENT WINNER: The
23 Secretary will read.
24 THE SECRETARY: As a justice of
25 the Supreme Court of the Eleventh Judicial
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1 District, Honorable Lenora Gerald, of Bayside.
2 ACTING PRESIDENT WINNER: Senator
3 DeFrancisco.
4 SENATOR DeFRANCISCO: I move the
5 nomination and request that you please
6 recognize Senator Maltese for a second.
7 ACTING PRESIDENT WINNER: Senator
8 Maltese, for the purpose of a second.
9 SENATOR MALTESE: Mr. President,
10 I'm very honored to second the nomination of
11 Lenora Gerald for this judiciary position.
12 She appeared before the Judiciary Committee
13 this morning and was approved unanimously.
14 Mr. President, she is a graduate of
15 St. John's University, a graduate of
16 St. John's University Law School.
17 The judges that have appeared
18 before her -- I'm sorry, the attorneys that
19 have appeared before her in her various
20 capacities as a jurist have all indicated that
21 she has the judicial temperament necessary to
22 perform the duties as a judge.
23 In addition, she seems to be a
24 judge for all seasons. She has performed as a
25 judge in the Civil Court, a judge in the
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1 Criminal Court, and a judge in the Family
2 Court. She also was the principal law clerk
3 for Justice Al Lerner. And I've spoken to
4 Justice Lerner this morning; he certainly
5 endorses her judiciary position and indicates
6 that she would perform in an exemplary manner.
7 Mr. President, I'm pleased and
8 proud to second the nomination of Lenora
9 Gerald for this judicial position.
10 ACTING PRESIDENT WINNER: Thank
11 you, Senator Maltese.
12 Senator Smith.
13 SENATOR SMITH: Thank you very
14 much, Mr. President.
15 I rise to second the nomination and
16 also to congratulate the Governor on a fine
17 selection of Lenora Gerald to be a Supreme
18 Court justice in the Eleventh Judicial
19 District. I also thank Senator DeFrancisco
20 and the Judicial Committee of the State Senate
21 for their taking the time and the necessary
22 steps to place someone with such a character
23 as Lenora Gerald.
24 Lenora Gerald, as Senator Maltese
25 has said, has served in Criminal Court, she's
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1 served in Family Court, she is now acting
2 Supreme Court justice in Queens. She has
3 distinguished herself as a judge throughout
4 her career. She's been appointed as a judge
5 under Mayor Rudolph Giuliani, she was
6 appointed a judge under Mayor Bloomberg, and
7 now she gets an appointment under the Governor
8 of the State of New York, Eliot Spitzer.
9 She has always performed and
10 handles herself as a judge, as a jurist, as a
11 person in the legal profession who has had the
12 kind of temperament that clearly sets her
13 apart from many of the justices that have come
14 before us today. She is someone who I know.
15 She's a member of my church as well, where
16 Reverend Dr. Floyd H. Flake is the pastor.
17 But in addition to all that she has
18 done in the legal profession, she also is just
19 an ordinary person. In our church she is part
20 of a liturgical dance ministry where she
21 actually dances in the church and performs to
22 the glory of God in terms of her feeling about
23 what she does and her heart is in the right
24 place.
25 She's also joined by her fiance,
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1 Les James, who is also an active member in our
2 church as well.
3 This a great day for not only
4 Queens and Bayside, it's a great day for the
5 State of New York. They are getting a
6 supreme -- maybe there's a pun there --
7 they're getting a supreme individual by the
8 name of Lenora Gerald.
9 And I will tell you there are a few
10 things I have done on the floor of the Senate,
11 there are a few things I have done on the
12 floor of this Senate now being the Minority
13 Leader for the State Senate. And today it
14 gives me great pleasure to congratulate her,
15 to second her nomination, and to say I know
16 you will do well and I know that there's much
17 more ahead of you.
18 Congratulations, Judge.
19 ACTING PRESIDENT WINNER: Thank
20 you, Senator Smith.
21 The question is on the nomination
22 of Honorable Lenora Gerald, of Bayside, as a
23 justice of the Supreme Court of the 11th
24 Judicial District. All those in favor of the
25 nomination signify by saying aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT WINNER:
3 Opposed, nay.
4 (No response.)
5 ACTING PRESIDENT WINNER: Justice
6 Lenora Gerald, of Bayside, is hereby confirmed
7 as a justice of the Supreme Court of the 11th
8 Judicial District.
9 Judge Gerald is accompanied by her
10 fiance, Les James.
11 Congratulations, Judge.
12 (Applause.)
13 ACTING PRESIDENT WINNER: The
14 Secretary will read.
15 THE SECRETARY: As a justice of
16 the Supreme Court of the Second Judicial
17 District, Honorable Rena K. Uviller, of
18 New York City.
19 ACTING PRESIDENT WINNER: Senator
20 DeFrancisco.
21 SENATOR DeFRANCISCO: I move the
22 nomination and request that you recognize
23 Senator Duane for the second, please.
24 ACTING PRESIDENT WINNER: Senator
25 Duane.
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1 SENATOR DUANE: Thank you,
2 Mr. President.
3 I rise to second the nomination of
4 Rena K. Uviller, who has just an amazing,
5 outstanding record. From her prejudicial
6 experience through her judicial experience,
7 she has shown absolutely the finest qualities
8 that we could possibly have for people who are
9 sitting on the bench in New York State.
10 In addition to her judicial
11 experience and her numerous published
12 decisions and articles, she also has devoted a
13 tremendous amount of time to volunteer and
14 professional activities.
15 So it is with great pride that I
16 second the nomination of Rena K. Uviller for
17 the Court of Claims.
18 Thank you, Mr. President.
19 ACTING PRESIDENT WINNER: Senator
20 Duane.
21 SENATOR DUANE: Sorry, Mr.
22 President. She was on the Court of Claims,
23 but this is for a Supreme Court seat.
24 Thank you, Mr. President.
25 ACTING PRESIDENT WINNER: Your
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1 apology is accepted, Senator.
2 The question is on the nomination
3 of Rena K. Uviller, of New York City, as a
4 justice of the Supreme Court of the Second
5 Judicial District. All those in favor of the
6 nomination signify by saying aye.
7 (Response of "Aye.")
8 ACTING PRESIDENT WINNER:
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT WINNER: Justice
12 Rena K. Uviller, of New York City, is hereby
13 confirmed as a justice of the Supreme Court
14 for the Second Judicial District.
15 Congratulations.
16 (Applause.)
17 ACTING PRESIDENT WINNER: The
18 Secretary will read.
19 THE SECRETARY: As a judge of the
20 Westchester County Court, Honorable James W.
21 Hubert, of Ardsley.
22 ACTING PRESIDENT WINNER: Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Yes, I
25 would move the nomination and request that you
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1 recognize Senator Stewart-Cousins to second
2 the nomination.
3 ACTING PRESIDENT WINNER: Senator
4 Stewart-Cousins.
5 SENATOR STEWART-COUSINS: Thank
6 you, Mr. President.
7 This is a great day for Westchester
8 County. I rise to second the nomination of
9 Honorable James Hubert, who will leave his
10 position as Greenburgh Town Judge. Greenburgh
11 is the largest town in Westchester County and
12 has been able to enjoy the wisdom, the
13 integrity, the compassion of Judge Hubert
14 since 2005.
15 But he's not just a judge. Prior
16 to that, he had a private practice, he was a
17 litigator with the Queens district attorney,
18 and he has been everpresent in the community.
19 Judge Hubert not only is
20 accompanied by his wonderful wife Jodie and
21 friend Suzanne Berger, but he represents all
22 of what community activists should be. He has
23 served on the Planning Board, he has been able
24 to serve on the Zoning Board, and he is
25 someone who has been a strong presence in the
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1 Black Bar Association.
2 Judge Hubert, you will do
3 Westchester well. You will do us proud. You
4 are moving very, very rapidly. We couldn't
5 have picked a better person to serve us. And
6 I too want to congratulate Governor Spitzer.
7 Thank you.
8 ACTING PRESIDENT WINNER: Thank
9 you, Senator.
10 Senator Hassell-Thompson.
11 SENATOR HASSELL-THOMPSON: Thank
12 you, Mr. President. I too rise to second the
13 nomination, along with Senator
14 Stewart-Cousins.
15 This young man grew up in the city
16 of Mount Vernon. His parents would be
17 extraordinarily proud. He has recently lost
18 his dad, and his mom is very ill, but I know
19 the pride that they had in both of their
20 children.
21 And certainly he has the
22 temperament, as I spoke this morning, to be on
23 the County Court. And I know, because of the
24 diligence with which he has worked in his past
25 career, he will continue to do the county of
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1 Westchester, the city of Mount Vernon, his
2 home birthplace, very proud.
3 We are proud of you, and
4 congratulations.
5 ACTING PRESIDENT WINNER: Thank
6 you, Senator Hassell-Thompson.
7 The question is on the nomination
8 of James W. Hubert as Judge of the Westchester
9 County Court.
10 Senator Smith, excuse me.
11 SENATOR SMITH: Thank you very
12 much, Mr. President. I rise also to second
13 that nomination of James Hubert.
14 I guess a lot of people are going
15 to lay claim to the judge-to-be, and that is
16 because, as far as I'm concerned, he's from
17 Queens. He was a borough chief in Queens, he
18 was assistant district attorney. I rise to
19 lay claim to his legal profession started
20 there, notwithstanding his
21 sole-practionership.
22 But I will tell you, today is a
23 banner day for the judicial system. One of
24 the things that we did in the Senate, as you
25 know, over the last couple of months we had a
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1 lot of hearings on judicial diversity. And I
2 think today the Governor has made a statement
3 to that effect. We have Judge Hubert now,
4 we're going to have judge Lenora Gerald. And
5 clearly that sends a message to the people
6 around the state that we are listening.
7 The judges both understand what it
8 means to serve, what it means to use judicial
9 discretion. And I think the people of this
10 state are going to be served very proud by
11 their leadership.
12 And so I rise to support that
13 nomination of Judge James W. Hubert and look
14 forward to his career.
15 ACTING PRESIDENT WINNER: Thank
16 you, Senator Smith.
17 The question is on the nomination
18 of James W. Hubert as a judge of the
19 Westchester County Court. All those in favor
20 of the nomination signify by saying aye.
21 (Response of "Aye.")
22 ACTING PRESIDENT WINNER:
23 Opposed, nay.
24 (No response.)
25 ACTING PRESIDENT WINNER: Judge
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1 James W. Hubert is hereby confirmed as a judge
2 of the Westchester County Court.
3 Judge Hubert is accompanied by his
4 wife, Jodie, and friend Suzanne Berger.
5 Congratulations, Judge.
6 (Applause.)
7 ACTING PRESIDENT WINNER: The
8 Secretary will read.
9 THE SECRETARY: As a judge of the
10 Erie County Court, Honorable Thomas P.
11 Franczyk, of Buffalo.
12 ACTING PRESIDENT WINNER: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: I hope the
15 Honorable Thomas Franczyk, of Buffalo, didn't
16 think that we were slighting him by going over
17 the name and not going in the order that we
18 had on the list. But, very observant, Senator
19 Maziarz realized the whole family wasn't
20 together at the proper moment, so he wanted
21 them to realize and see the event.
22 So I would move the nomination and
23 ask you to call on Senator Volker to second.
24 ACTING PRESIDENT WINNER: Senator
25 Volker.
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1 SENATOR VOLKER: Mr. President, I
2 want to say that Tim Franczyk, who has been a
3 judge of the City Court for a number of years
4 and is one of the most highly regarded judges
5 in Buffalo, he also was an assistant DA. And
6 I want to especially say that he was one of
7 the best assistant DAs to handle cases in
8 Depew, where I live. Not that he handled
9 anything for me or against me, but that's not
10 the issue.
11 His very good friend Henry Wick,
12 who is the former justice there, made sure
13 that I say to him that he was the best guy he
14 ever had in his court.
15 But I want to say that there's no
16 question he'll make a fine County Court judge.
17 He comes from a fine family background. Tim
18 has been, as I say, one of the leaders in the
19 bar association in Erie County.
20 And I want to say congratulations
21 to him and to the Governor for sending us a
22 fine nominee.
23 ACTING PRESIDENT WINNER: Thank
24 you, Senator Volker.
25 Senator Maziarz.
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1 SENATOR MAZIARZ: Thank you very
2 much, Mr. President. I rise to second the
3 nomination of Thomas Franczyk as a judge of
4 the Erie County Court.
5 You know, when a nominee from Erie
6 County is sent up here, I generally talk to
7 some attorneys in Erie County, an area I do
8 not represent, and I call up people like Joe
9 Latona and Tom Burton, both of whom hold you
10 in the highest regard, Judge. Then of course
11 I always talk to Richard Kloch to find if what
12 Burton and Latona told me was the truth, you
13 know. And in this instance they indicated
14 that it was.
15 It really is a great moment here
16 for the judiciary in Western New York, and I'm
17 sure for your family, Judge. And it's a proud
18 moment in more ways than one. Senator Smith
19 talked about diversity here today. And it's
20 good to see a Polish guy from Buffalo get
21 ahead too.
22 So congratulations, Judge.
23 ACTING PRESIDENT WINNER: Senator
24 Stachowski.
25 SENATOR STACHOWSKI: Speaking of
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1 Polish guys from Buffalo.
2 (Laughter.)
3 ACTING PRESIDENT WINNER: I
4 thought I'd let you say that.
5 SENATOR STACHOWSKI: Thank you.
6 It gives me great pleasure to rise
7 to also second the nomination of Tim Franczyk.
8 Obviously he was a very, very
9 competent and excellent assistant district
10 attorney, as Senator Volker pointed out. And
11 as Senator Maziarz pointed out, he was
12 terrific on the City Court bench, where his
13 cases were innumerable, as they are for City
14 Court judges.
15 And Tim has waited a long time to
16 move up to County Court. I know he'll be an
17 outstanding justice on that level too.
18 But from my perspective, it's
19 always been Tim Franczyk grew up in my
20 neighborhood. I grew up with his whole
21 family. Tim played basketball in the same
22 places I played basketball, and I know him for
23 a long, long time. And more importantly than
24 I'm happy to see him made a judge, I'm happy
25 to have him as my friend.
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1 So I take great pride in standing
2 to second this nomination.
3 ACTING PRESIDENT WINNER: Thank
4 you, Senator Stachowski.
5 Senator Rath.
6 SENATOR RATH: Thank you,
7 Mr. President. I'd like to add my
8 congratulations and my best wishes to Judge
9 Franczyk.
10 The legal community in Western
11 New York, as you may have gathered from the
12 other speakers, is very close and they all
13 talk about who is ascending to the various
14 judgeship levels. They were thrilled when
15 they understood that Judge Franczyk was going
16 to be coming up too as a judge of the Erie
17 County Court.
18 And he has the kind of judicial
19 temperament that the lawyers and the judges in
20 Western New York know will add to the members
21 of that bench. And we're delighted and give
22 you our congratulations.
23 ACTING PRESIDENT WINNER: The
24 question is on the nomination of Thomas P.
25 Franczyk, of Buffalo, as a judge of the Erie
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1 County Court. All those in favor of the
2 nomination signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT WINNER:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT WINNER: Judge
8 Thomas P. Franczyk is hereby confirmed as a
9 judge of the Erie County Court.
10 Judge Franczyk is accompanied by
11 his wife, Michele, and daughters Claire and
12 Natalie.
13 Congratulations, Judge Franczyk.
14 (Applause.)
15 ACTING PRESIDENT WINNER: The
16 Secretary will read.
17 THE SECRETARY: As a judge of the
18 Court of Claims, James H. Ferreira, of Delmar.
19 ACTING PRESIDENT WINNER: Senator
20 DeFrancisco.
21 SENATOR DeFRANCISCO: I would
22 move the nomination and request that you
23 recognize Senator Connor for a second. No?
24 Recognize Senator Breslin for a second.
25 ACTING PRESIDENT WINNER: Senator
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1 Breslin.
2 SENATOR BRESLIN: It's my honor
3 to once again stand up for Judge Ferreira,
4 who's only been on the bench since June of
5 '06. At that time I referred to him as one of
6 the "Delmar Four" that was appointed by
7 Governor Pataki, and I praised Governor Pataki
8 for that appointment, as I praise this
9 Governor for the reappointment.
10 The extensive background that the
11 judge has, from being deputy commissioner and
12 general counsel at the Department of
13 Environmental Conservation, to his background
14 with Harris Beach, even with Bond Schoeneck as
15 a summer associate. But throughout his legal
16 career, he has exemplified the highest degree
17 of scholarship.
18 And I once again look forward to
19 seeing him on the bench and doing the job he's
20 been doing since June.
21 Thank you, Mr. President.
22 ACTING PRESIDENT WINNER: Thank
23 you, Senator Breslin.
24 Senator Nozzolio.
25 SENATOR NOZZOLIO: Thank you,
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1 Mr. President. On the nomination.
2 I certainly echo my colleague and
3 good friend's support of this wonderful
4 nomination. And Senator Breslin said it very
5 well.
6 It's often been said that the days
7 are long and the years are short. And that
8 certainly is what I think about when I think
9 about my good friend Judge Ferreira, who I
10 think of more as a young man who worked with
11 us in the Assembly many, many years ago out of
12 school, trying to learn about the government
13 that he so well has served now for so many
14 years.
15 Judge Ferreira, known as Jim, has
16 had such extensive experience in certainly the
17 private sector, but schooled here in the
18 Legislature, understanding the dynamics of the
19 government process bode him well in a variety
20 of experiences with the Attorney General's
21 office and the important job, as Senator
22 Breslin said, heading up the entire law
23 department of one of the most important state
24 agencies in all of New York State government,
25 the New York State Department of Environmental
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1 Conservation.
2 We who knew Jim when he was an
3 intern are just more than proud of his
4 wonderful accomplishments through the
5 government of this state, and distinguished as
6 a member of the New York State Court of
7 Claims.
8 He's been an outstanding jurist in
9 his very brief tenure there, and that I am
10 very pleased to welcome certainly him back to
11 where he all started, which is in the
12 Legislature.
13 It's wonderful that his mom, Joan,
14 could be here with him, that his number of
15 friends who have joined together to be part of
16 this recognition of confirmation of an
17 excellent person, one who is one of the
18 outstanding young men that serves in state
19 government.
20 It's an excellent renomination and
21 certainly has full support of us here in this
22 chamber, Mr. President. Thank you.
23 ACTING PRESIDENT WINNER: Thank
24 you, Senator Nozzolio.
25 The question is on the nomination
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1 of James H. Ferreira, of Delmar, as a judge of
2 the Court of Claims. All those in favor of
3 the nomination signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT WINNER:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT WINNER: Judge
9 James H. Ferreira is hereby confirmed as a
10 judge of the New York State Court of Claims.
11 Judge Ferreira is accompanied by
12 his wife, Abbey; mother, Joan Hartford
13 Ferreira; and friends Reverend Erwin
14 Schweigardt, Rick Clarkson, Jill Swingruber,
15 and Helen Ashley.
16 Congratulations.
17 (Applause.)
18 ACTING PRESIDENT WINNER: The
19 Secretary will read.
20 THE SECRETARY: As a judge of the
21 Court of Claims, Elizabeth A. Foley, of Staten
22 Island.
23 ACTING PRESIDENT WINNER: Senator
24 DeFrancisco.
25 SENATOR DeFRANCISCO: I move the
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1 nomination and request that you recognize
2 Senator Savino for a second.
3 ACTING PRESIDENT WINNER: Senator
4 Savino.
5 SENATOR SAVINO: Thank you,
6 Mr. President.
7 I rise to second the nomination of
8 Elizabeth Ann Foley and to commend the
9 Governor for a well-deserved nomination that
10 has been a long time coming.
11 I also want to thank Betty Ann and
12 her family and friends for their patience in
13 this long, drawn-out process.
14 From her early days in the victim
15 advocate unit in the New York County District
16 Attorney's office to her more than 20 years of
17 service at the Richmond County DA's office,
18 she's been a tireless public servant, whether
19 she was investigating violent felonies,
20 organized crime, insurance fraud or, later in
21 her tenure at the Department of Education,
22 investigating allegations of corporal
23 punishment.
24 She's had a long and distinguished
25 career and will be a wonderful addition to the
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1 Court of Claims. And I know that somewhere
2 right now the late Assemblyman John Lavelle is
3 looking down on us smiling.
4 So I want to say congratulations to
5 Betty Ann and her family and thank the Senate
6 for her confirmation.
7 ACTING PRESIDENT WINNER: Thank
8 you, Senator Savino.
9 The question is on the nomination
10 of Elizabeth A. Foley, of Staten Island, as a
11 judge of the Court of Claims. All those in
12 favor of the nomination signify by saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT WINNER:
15 Opposed, nay.
16 (No response.)
17 ACTING PRESIDENT WINNER: Judge
18 Elizabeth A. Foley, of Staten Island, is
19 hereby confirmed as a judge of the Court of
20 Claims.
21 Judge Foley is accompanied by
22 several family members and friends.
23 Congratulations.
24 (Applause.)
25 ACTING PRESIDENT WINNER: The
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1 Secretary will read.
2 THE SECRETARY: As a judge of the
3 Court of Claims, Daniel P. Conviser, of
4 Brooklyn.
5 ACTING PRESIDENT WINNER: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: I move the
8 nomination and request that you recognize
9 Senator Connor for the second.
10 ACTING PRESIDENT WINNER: Senator
11 Connor.
12 SENATOR CONNOR: Thank you,
13 Mr. President.
14 And I offer this second on my own
15 behalf as well as Senator Montgomery.
16 Mr. Conviser lives in Senator Montgomery's
17 district, a couple of blocks from my district.
18 You know, this is a nomination I
19 certainly congratulate the Governor for. Dan
20 started many years ago on the Assembly staff,
21 actually in 1982, and worked in the housing
22 area, on the Housing Committee, for about
23 seven years, and then during that time
24 received his bachelor of arts degree from
25 Queens College in 1986. And then about 1987,
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1 he kind of disappeared from the scene here and
2 went off to the University of Michigan Law
3 School, where he graduated magna cum laude,
4 with a 3.9 cum, which is pretty impressive.
5 Pretty impressive law school as well.
6 Then Dan worked for a large law
7 firm, a Wall Street law firm in Manhattan, and
8 clerked for Judge Vincent Broderick of the
9 Southern District of New York, whose brother
10 actually was one of my law professors once
11 upon a time.
12 Dan then returned in 1993 to the
13 Assembly, where he was a counsel for criminal
14 justice issues, judiciary issues, and election
15 law issues. And one might imagine I had many
16 opportunities to exchange views with Dan on
17 election law over the years or election law
18 legislation.
19 And he has served for the past I
20 guess nearly eight years as counsel to the
21 Rules Committee in the Assembly.
22 Now, many of you and I'm sure many
23 of us and our staffs have over the years
24 encountered Dan or negotiated with Dan, and I
25 think we all understand his acute legal
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1 skills, his knowledge. And I think, even more
2 importantly, particularly with respect to the
3 Assembly, if you look at the function of being
4 counsel to the Rules Committee, none can doubt
5 his demeanor and patience.
6 Which suit him well for the bench,
7 since dealing with so many members in the
8 Assembly, all anxious, as many of us are in
9 this house, to get your bills out of the Rules
10 Committee, it does take patience and good
11 judgment and just exactly the qualifications
12 and characteristics that make a good judge.
13 So I'm delighted to second this
14 nomination. I know that Dan Conviser will be
15 a credit to the judiciary and will serve us
16 well on the Court of Claims.
17 ACTING PRESIDENT WINNER: Thank
18 you, Senator Connor.
19 Senator Volker.
20 SENATOR VOLKER: Mr. President,
21 the one thing I really have to say, Senator
22 Connor, about your comments, where he
23 certainly seems to be possessed of patience.
24 Because I have to admit this has been a rather
25 drawn-out ordeal, which frankly I know was not
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1 the most enjoyable thing in the world.
2 My good friend Assemblyman Lentol
3 is here. And the reason he's here is he wants
4 to make sure you're gone.
5 (Laughter.)
6 SENATOR VOLKER: No, he actually
7 came over to make sure that I did the right
8 thing. And I told him don't worry, I'll do
9 the right thing.
10 Dan actually has been a
11 formidable -- I don't want to say opponent,
12 but a formidable person as the key man on
13 criminal justice in the Assembly. And we
14 became very good friends, Dan and I. And
15 Assemblyman Lentol and I of course have gone
16 through more conference committees than just
17 about anybody in the Capitol. And we've been
18 mostly successful. In fact, I think we were
19 only unsuccessful once. And we eventually
20 became successful, as the saying goes.
21 But I just have to say that frankly
22 there's never been any question of the fact
23 that Dan Conviser is extremely bright,
24 intelligent, sometimes can be a formidable
25 opponent. But that's part of the business
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1 we're in. And I don't think there's any
2 question he'll make an excellent Court of
3 Claims judge.
4 My very best to you. And I regret
5 that what has happened here. But remember
6 that a lot of us will never forget you for
7 various reasons. No, but have a good time,
8 good luck on the Court of Claims, and best
9 wishes.
10 ACTING PRESIDENT WINNER: Senator
11 Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Mr. President.
14 I want to join my colleagues and
15 Assemblyman Lentol -- and I'm glad he is here
16 to make sure that it all goes down correctly
17 this time. They say justice delayed is
18 justice denied. But in this case justice
19 delayed just gave us a few more months of Dan
20 helping us resolve our legislative issues.
21 He is one of the best people I've
22 worked with in the Legislature. He's been an
23 incredible counsel. Anyone who's actually
24 worked with him knows that. His record, as
25 Senator Connor has laid it out, is exemplary.
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1 This is the type of person we are lucky wants
2 to serve as a judge in New York State.
3 And in this family of those of us
4 who toil on criminal justice issues in the
5 Legislature, Dan has been a tremendously
6 important member. And the members of this
7 house owe him a particular debt of gratitude.
8 Think of all the irresponsible tough-on-crime
9 one-house bills we get to vote for knowing
10 that Dan would shut them down in the other
11 house -- 25 years for littering, whatever it
12 is we want to do. Dan Conviser has kept the
13 balance, and I'm sure he as a judge he will
14 keep the balance.
15 Congratulations. I'm glad we're
16 finally doing this. You will be badly missed
17 here. But Senator Volker, be assured that Joe
18 has a group of people that are just as
19 intractable and ideologically driven as Dan to
20 take over when he leaves.
21 Congratulations, Your Honor. About
22 time.
23 ACTING PRESIDENT WINNER: The
24 question is on the nomination of Daniel P.
25 Conviser, of Brooklyn, as a judge of the Court
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1 of Claims. All those in favor of the
2 nomination signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT WINNER:
5 Opposed, nay.
6 (No response.)
7 ACTING PRESIDENT WINNER: Daniel
8 P. Conviser, of Brooklyn, is confirmed as a
9 judge of the New York State Court of Claims.
10 Congratulations.
11 (Applause.)
12 ACTING PRESIDENT WINNER: Senator
13 Larkin.
14 SENATOR LARKIN: Mr. President,
15 there will be an immediate meeting of the
16 Rules Committee in the Room 332, the Majority
17 Conference Room.
18 The Senate will stand in rest until
19 we get back.
20 ACTING PRESIDENT WINNER: The
21 Senate stands at ease.
22 (Whereupon, the Senate stood at
23 ease at 5:26 p.m.)
24 (Whereupon, the Senate reconvened
25 at 5:31 p.m.)
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1 ACTING PRESIDENT WINNER: Senator
2 Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could return to reports of standing
5 committees, there's a report of the Rules
6 Committee at the desk. I ask that it be taken
7 up at this time.
8 ACTING PRESIDENT WINNER: Reports
9 of standing committees.
10 The Secretary will read.
11 THE SECRETARY: Senator Bruno,
12 from the Committee on Rules, reports the
13 following bills:
14 Senate Print 476, by Senator
15 Bonacic, an act to amend the Public Health
16 Law;
17 705B, by Senator Nozzolio, an act
18 to amend the Correction Law;
19 1064, by Senator Maltese, an act to
20 amend the Retirement and Social Security Law;
21 1137A, by Senator Little, an act to
22 amend the Vehicle and Traffic Law;
23 1517, by Senator Stachowski, an act
24 to amend the Real Property Tax Law;
25 1666A, by Senator Padavan, an act
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1 to amend the Education Law;
2 2423A, by Senator Trunzo, an act to
3 amend Chapter 666 of the Laws of 1990;
4 2444, by Senator Morahan, an act to
5 amend the Criminal Procedure Law;
6 2450A, by Senator Golden, an act to
7 amend the Public Health Law;
8 2967, by Senator Seward, an act
9 relating to increasing;
10 3309A, by Senator Wright, an act to
11 amend the Highway Law;
12 3663, by Senator Seward, an act
13 relating to increasing;
14 3682, by Senator Lanza, an act to
15 amend the Highway Law;
16 3764, by Senator DeFrancisco, an
17 act to amend Chapter 203 of the Laws of 2005;
18 3776, by Senator Young, an act to
19 amend the Environmental Conservation Law;
20 4048A, by Senator Griffo, an act to
21 amend the Tax Law;
22 4098C, by Senator Robach, an act to
23 establish;
24 4099, by Senator Robach, an act to
25 amend the Tax Law;
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1 4158B, by Senator Skelos, an act to
2 amend the Insurance Law;
3 4307A, by Senator Fuschillo, an act
4 to amend the Education Law;
5 4429, by Senator Leibell, an act to
6 amend the Military Law;
7 4471A, by Senator Volker, an act to
8 amend the Executive Law;
9 4575, by Senator Young, an act to
10 amend the Tax Law;
11 4662A, by Senator Hannon, an act to
12 amend the Public Health Law;
13 4707A, by Senator Skelos, an act to
14 amend the Education Law;
15 4796, by Senator Lanza, an act to
16 amend the Criminal Procedure Law;
17 4817, by Senator Nozzolio, an act
18 to amend the General Municipal Law;
19 5121, by Senator Hannon, an act to
20 authorize;
21 5778, by Senator Flanagan, an act
22 to amend the Criminal Procedure Law;
23 5921, by Senator Padavan, an act to
24 amend the Real Property Actions and
25 Proceedings Law;
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1 6016, by the Senate Committee on
2 Rules, an act to amend the Tax Law;
3 6028, by Senator Seward, an act
4 changing the name;
5 And Senate Print 6216A, by Senator
6 Little, Concurrent Resolution of the Senate
7 and Assembly.
8 All bills ordered direct to third
9 reading.
10 ACTING PRESIDENT WINNER: Senator
11 Skelos.
12 SENATOR SKELOS: Mr. President,
13 move to accept the report of the Rules
14 Committee.
15 ACTING PRESIDENT WINNER: All in
16 favor of accepting the report of the Rules
17 Committee signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT WINNER:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT WINNER: The
23 report of the Rules Committee is accepted.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
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1 the calendars are now being placed on each
2 member's desk. We'll wait about 30 seconds
3 and then take up the calendar,
4 noncontroversial.
5 ACTING PRESIDENT WINNER: Thank
6 you, Senator Skelos.
7 The Secretary will conduct the
8 noncontroversial reading of Senate
9 Supplemental Calendar Number 63A.
10 THE SECRETARY: Calendar Number
11 1769, by Senator Bonacic, Senate Print 476, an
12 act to amend the Public Health Law and the Tax
13 Law.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 180th day.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT WINNER:
22 Announce the results.
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1771, by Senator Maltese, Senate Print 1064,
3 an act to amend the Retirement and Social
4 Security Law.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT WINNER:
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1772, by Senator Little, Senate Print 1137A,
19 an act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 180th day.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT WINNER:
3 Announce the results.
4 THE SECRETARY: Ayes, 61.
5 ACTING PRESIDENT WINNER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1773, by Senator Stachowski, Senate Print
9 1517, an act to amend the Real Property Tax
10 Law.
11 ACTING PRESIDENT WINNER: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WINNER: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT WINNER:
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1774, by Senator Padavan, Senate Print 1666A,
25 an act to amend the Education Law.
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1 ACTING PRESIDENT WINNER: Read
2 the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT WINNER:
9 Announce the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1775, by Senator Trunzo, Senate Print 2423A,
15 an act to amend Chapter 666 of the Laws of
16 1990.
17 ACTING PRESIDENT WINNER: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WINNER: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT WINNER:
25 Announce the results.
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1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1776, by Senator Morahan, Senate Print 2444,
6 an act to amend the Criminal Procedure Law.
7 ACTING PRESIDENT WINNER: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT WINNER: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT WINNER:
15 Announce the results.
16 THE SECRETARY: Ayes, 59. Nays,
17 2. Senators Duane and L. Krueger recorded in
18 the negative.
19 ACTING PRESIDENT WINNER: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1777, by Senator Golden, Senate Print 2450A,
23 an act to amend the Public Health Law.
24 ACTING PRESIDENT WINNER: Read
25 the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the same date as
3 Section 24 of Part B of Chapter 58 of the Laws
4 of 2007.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT WINNER:
9 Announce the results.
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 1778, Senator Seward moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 5972 and substitute it
17 for the identical Senate Bill Number 2967,
18 Third Reading Calendar 1778.
19 ACTING PRESIDENT WINNER:
20 Substitution ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1778, by Member of the Assembly Magee,
24 Assembly Print Number 5972, an act relating to
25 increasing availability.
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1 ACTING PRESIDENT WINNER: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1779, by Senator Wright, Senate Print 3309A,
13 an act to amend the Highway Law and the
14 Vehicle and Traffic Law.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the 120th day.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT WINNER:
23 Announce the results.
24 THE SECRETARY: Ayes, 60. Nays,
25 1. Senator Duane recorded in the negative.
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1 ACTING PRESIDENT WINNER: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1780, by Senator Seward, Senate Print 3663, an
5 act relating to increasing availability.
6 ACTING PRESIDENT WINNER: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT WINNER: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT WINNER:
14 Announce the results.
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1781, by Senator Lanza, Senate Print 3682, an
20 act to amend the Highway Law.
21 ACTING PRESIDENT WINNER: Read
22 the last section.
23 THE SECRETARY: Section 8. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WINNER: Call
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1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT WINNER:
4 Announce the results.
5 THE SECRETARY: Ayes, 61.
6 ACTING PRESIDENT WINNER: The
7 bill is passed.
8 THE SECRETARY: In relation to
9 Calendar Number 1782, Senator DeFrancisco
10 moves to discharge, from the Committee on
11 Finance, Assembly Bill Number 6290A and
12 substitute it for the identical Senate Bill
13 Number 3764, Third Reading Calendar 1782.
14 ACTING PRESIDENT WINNER:
15 Substitution ordered.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1782, by Member of the Assembly Weinstein,
19 Assembly Print Number 6290A, an act to amend
20 Chapter 203 of the Laws of 2004.
21 ACTING PRESIDENT WINNER: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT WINNER: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT WINNER: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1783, by Senator Young, Senate Print 3776, an
8 act to amend the Environmental Conservation
9 Law.
10 ACTING PRESIDENT WINNER: Read
11 the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect immediately.
14 ACTING PRESIDENT WINNER: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 59. Nays,
18 2. Senators Duane and Serrano recorded in the
19 negative.
20 ACTING PRESIDENT WINNER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1784, by Senator Griffo, Senate Print 4048A,
24 an act to amend the Tax Law.
25 ACTING PRESIDENT WINNER: Read
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1 the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect on the first day of a
4 sales tax quarterly period.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 61.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1785, by Senator Robach, Senate Print 4098C,
13 an act to establish a home visiting program.
14 ACTING PRESIDENT WINNER: Read
15 the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT WINNER: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT WINNER: Senator
22 L. Krueger, to explain her vote.
23 SENATOR LIZ KRUEGER: Thank you,
24 Mr. President. I hope your root canal is
25 fine. Just to explain my vote.
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1 In general I'm uncomfortable
2 passing bills which are budget bills without
3 being in the context of the budget. I do
4 think this is an important program. It's
5 actually a program we haven't put enough money
6 into in the state budget year after year, so
7 we're only serving about 10 to 14 percent of
8 the eligible families throughout the state.
9 I'll vote yes, but I am concerned
10 that we are choosing to build this program for
11 just one county, Monroe County, rather than
12 looking at this holistically for the children
13 in need throughout the State of New York. So
14 it's a yes, but I wish we did things with a
15 broader perspective in this house.
16 Thank you, Mr. President.
17 ACTING PRESIDENT WINNER: Senator
18 Krueger will be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT WINNER: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1786, by Senator --
25 SENATOR CRAIG JOHNSON: Lay it
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1 aside, please.
2 ACTING PRESIDENT WINNER: The
3 bill is laid aside.
4 THE SECRETARY: Calendar Number
5 1787, by Senator Skelos, Senate Print 4158B,
6 an act to amend the Insurance Law.
7 ACTING PRESIDENT WINNER: Read
8 the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first of January.
11 ACTING PRESIDENT WINNER: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT WINNER: Senator
15 Seward, to explain his vote.
16 SENATOR SEWARD: Yes, thank you,
17 Mr. President.
18 I'm going to be supporting this
19 legislation. I commend Senator Skelos and the
20 other sponsors for dealing with this issue to
21 help women who are experiencing a high risk of
22 developing breast cancer bring some new
23 technology to them.
24 However, I would like to point out
25 that this house, along with the Assembly, in
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1 our budget that we passed at the end of March
2 did create a health insurance mandate
3 commission. And going forward, I would hope
4 that bills of this type would be sent to that
5 commission to give us good, sound data in
6 terms of what the cost and benefits are of
7 proposed new mandates.
8 Going forward, I hope that this
9 type of legislation will be considered by this
10 mandate commission. For the moment I'm going
11 to be supporting this bill because I certainly
12 see the merits of it.
13 ACTING PRESIDENT WINNER: Thank
14 you. Senator Seward will be recorded in the
15 affirmative.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President, I
18 thank Senator Seward for his support.
19 You know, recently a study by the
20 American Cancer Society states that certain
21 women with especially high risk of breast
22 cancer should get an MRI scan along with their
23 yearly mammogram.
24 This bill would require health
25 insurers to provide coverage of annual MRIs to
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1 women 30 or older who have high risk of
2 developing breast cancer. Certainly I think
3 this will improve detection and then also the
4 cure of this dreaded disease.
5 ACTING PRESIDENT WINNER: Senator
6 Skelos will be recorded in the affirmative.
7 Senator Hassell-Thompson to explain
8 her vote.
9 SENATOR HASSELL-THOMPSON: Thank
10 you, Mr. President.
11 Last Friday night in the city of
12 Mount Vernon we had a Relay for Life walk for
13 breast cancer. And it was -- it's very
14 interesting that one of the concerns that were
15 expressed was how many of the insurance
16 companies do not or are not required to make
17 in a major priority.
18 So, Senator Skelos, I thank you and
19 I will be very pleased to report back to many
20 of the women and people who marched with us on
21 Friday night that this bill has been put in.
22 And we need to make sure that it does become
23 law, because for the significant numbers of
24 women who are at risk and who really don't
25 know that they're at risk because of the cost
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1 of these mammograms, it will in fact make a
2 tremendous difference. And for that I am
3 grateful to you and more than happy to support
4 this bill.
5 ACTING PRESIDENT WINNER: Senator
6 Hassell-Thompson will be recorded in the
7 affirmative.
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT WINNER: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1788, by Senator Fuschillo, Senate Print
14 4307A, an act to amend the Education Law.
15 ACTING PRESIDENT WINNER: Read
16 the last section.
17 THE SECRETARY: Section 9. This
18 act shall take effect on the first of July.
19 ACTING PRESIDENT WINNER: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT WINNER: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1789, by Senator Leibell, Senate Print 4429,
2 an act to amend the Military Law.
3 ACTING PRESIDENT WINNER: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the 90th day.
7 ACTING PRESIDENT WINNER: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 61.
11 ACTING PRESIDENT WINNER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1790, by Senator Volker, Senate Print 4471A,
15 an act to amend the Executive Law.
16 ACTING PRESIDENT WINNER: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT WINNER: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 61.
24 ACTING PRESIDENT WINNER: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1791, by Senator Young, Senate Print 4575, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT WINNER: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT WINNER: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 61.
12 ACTING PRESIDENT WINNER: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1792, by Senator Hannon, Senate Print 4662A,
16 an act to amend the Public Health Law.
17 ACTING PRESIDENT WINNER: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WINNER: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT WINNER: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1793, by Senator Skelos, Senate Print 4707A,
4 an act to amend the Education Law.
5 ACTING PRESIDENT WINNER: Read
6 the last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect July 1, 2008.
9 ACTING PRESIDENT WINNER: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT WINNER: Senator
13 Saland, to explain his vote.
14 SENATOR SALAND: Thank you,
15 Mr. President.
16 Mr. President, I would like to
17 commend Senator Skelos for improving the bill
18 that he passed last year, Chapter 630 of the
19 Laws of 2006, which authorized fingerprinting
20 of prospective employees in private schools,
21 nonpublic schools.
22 I at that time, I believe, was the
23 only vote in the house in opposition to that
24 measure. And my concern was not merely the
25 fact that it dealt with merely authorization,
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1 not requiring, but my concern at that time
2 based upon the original bill which we had
3 enacted some six or so years previously was
4 that the bill didn't provide for the required
5 or mandated reporting by current employees.
6 And while this bill certainly is a
7 vast improvement over last year's bill, I
8 certainly still do believe that there should
9 be a reporting requirement and feel
10 constrained, once again, I'm sure to be the
11 only person in the house to vote in opposition
12 to this bill.
13 Thank you, Mr. President. I vote
14 in the negative.
15 ACTING PRESIDENT WINNER: Senator
16 Saland will be recorded in the negative.
17 Announce the results.
18 THE SECRETARY: Ayes, 60. Nays,
19 1. Senator Saland recorded in the negative.
20 ACTING PRESIDENT WINNER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1794, by Senator Lanza, Senate Print --
24 SENATOR CRAIG JOHNSON: Lay it
25 aside, please.
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1 ACTING PRESIDENT WINNER: The
2 bill is laid aside.
3 THE SECRETARY: Calendar Number
4 1795, by Senator Nozzolio, Senate Print 4817,
5 an act to amend the General Municipal Law.
6 ACTING PRESIDENT WINNER: There
7 is a home-rule message at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT WINNER: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT WINNER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1796, by Senator Hannon, Senate Print 5121, an
19 act to authorize St. John's.
20 ACTING PRESIDENT WINNER: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT WINNER: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 60. Nays,
3 1. Senator Bonacic recorded in the negative.
4 ACTING PRESIDENT WINNER: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1797, Senator Flanagan moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 8255 and substitute it
10 for the identical Senate Bill Number 5778,
11 Third Reading Calendar 1797.
12 ACTING PRESIDENT WINNER:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1797, by Member of the Assembly Conte,
17 Assembly Print Number 8255, an act to amend
18 the Criminal Procedure Law.
19 ACTING PRESIDENT WINNER: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT WINNER: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59. Nays,
2 2. Senators Duane and L. Krueger recorded in
3 the negative.
4 ACTING PRESIDENT WINNER: The
5 bill is passed.
6 THE SECRETARY: In relation to
7 Calendar Number 1798, Senator Padavan moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 8955 and substitute it
10 for the identical Senate Bill Number 5921,
11 Third Reading Calendar 1798.
12 ACTING PRESIDENT WINNER:
13 Substitution ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1798, by Member of the Assembly Lancman,
17 Assembly Print Number 8955, an act to amend
18 the Real Property Actions and Proceedings Law.
19 ACTING PRESIDENT WINNER: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT WINNER: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 61.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1799, by Senator Seward, Senate Print 6028, an
6 act changing the name of the Bridgewater,
7 Leonardsville.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT WINNER: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 61.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1800, by Senator Little, Senate Print 6216A,
20 Concurrent Resolution of the Senate and
21 Assembly proposing an amendment to Section 1
22 of Article 14 of the Constitution.
23 ACTING PRESIDENT WINNER: The
24 Secretary will call the roll on the
25 resolution.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 61.
3 ACTING PRESIDENT WINNER: The
4 resolution is adopted.
5 THE SECRETARY: In relation to
6 Calendar Number 1833, Senator Bruno moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 9034 and substitute it
9 for the identical Senate Bill Number 6016,
10 Third Reading Calendar 1833.
11 ACTING PRESIDENT WINNER: A local
12 fiscal impact notice is at the desk.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1833, by the Assembly Committee on Rules,
16 Assembly Print Number 9034, an act to amend
17 the Tax Law.
18 ACTING PRESIDENT WINNER: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT WINNER: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 61.
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1 ACTING PRESIDENT WINNER: The
2 bill is passed.
3 That completes the noncontroversial
4 reading of Calendar 63A, Senator Skelos.
5 SENATOR SKELOS: Thank you,
6 Mr. President.
7 There will be an immediate meeting
8 of the Majority in the Majority Conference
9 Room.
10 ACTING PRESIDENT WINNER: There
11 will be an immediate meeting of the Majority
12 in the Majority Conference Room.
13 The Senate stands at ease.
14 (Whereupon, the Senate stood at
15 ease at 5:52 p.m.)
16 (Whereupon, the Senate reconvened
17 at 6:17 p.m.)
18 SENATOR SKELOS: Mr. President.
19 THE PRESIDENT: Hope everyone
20 enjoyed my impression of Senator Robach.
21 SENATOR SKELOS: Mr. President,
22 if we could go to the controversial reading of
23 the supplemental calendar.
24 THE PRESIDENT: The Secretary
25 will read.
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1 THE SECRETARY: Calendar Number
2 1786, by Senator Robach, Senate Print 4099, an
3 act to amend the Tax Law.
4 SENATOR CRAIG JOHNSON:
5 Explanation, please.
6 THE PRESIDENT: Senator Robach,
7 an explanation has been requested.
8 SENATOR ROBACH: I would be very
9 happy to, Mr. President.
10 This bill would create a way for
11 companies who have already accrued earned
12 income tax credits through investments, job
13 creation, and other good things who, under
14 current law, if they are continuing to invest
15 and do the things we want to do by creating
16 jobs, improving facilities, can't really
17 recoup it under the current code, allow them
18 to transfer those earned income tax credits
19 into what we're calling an economic resurgence
20 initiative credit, where they would be able to
21 utilize that credit more readily.
22 And maybe this will head off
23 further questions -- not that I'm trying to do
24 that -- i.e., if you take a company who has an
25 earned income tax credit who isn't doing well
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1 and reinvesting in their company or creating
2 more jobs, they under current law are eligible
3 to collect the net tax credit.
4 For a company who is growing and is
5 investing here in New York State, they are
6 unable to do that under existing law. We are
7 trying to rectify that and really applaud,
8 rather than on conjecture, or support
9 companies that might be investing in creating
10 jobs, actually making it easier for the ones
11 that are already spending the money, have the
12 earned income tax credits for investments and
13 job creation and growth in New York State
14 currently.
15 THE PRESIDENT: Senator Krueger.
16 SENATOR LIZ KRUEGER: Mr.
17 President, if through you the sponsor would
18 yield, please.
19 SENATOR ROBACH: Gladly,
20 Mr. President.
21 THE PRESIDENT: The Senator
22 yields.
23 SENATOR LIZ KRUEGER: Thank you.
24 And I want to apologize first to
25 the sponsor for having missed the beginning of
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1 your explanation. So if I am duplicative, I
2 apologize in advance.
3 SENATOR ROBACH: Love is never
4 having to say you're sorry.
5 SENATOR LIZ KRUEGER: That's so
6 lovely. Thank you. Excuse me. I have to
7 recompose myself, Mr. President.
8 THE PRESIDENT: Maybe the two of
9 you could offer your congratulations to each
10 other through the chair.
11 (Laughter.)
12 SENATOR LIZ KRUEGER: Yes, thank
13 you. The days tick on.
14 Through you, Mr. President, if the
15 sponsor could explain to me who are these
16 companies that aren't using up their
17 investment tax credits and therefore need a
18 new option for them.
19 THE PRESIDENT: Senator Robach.
20 SENATOR ROBACH: Well, right
21 now -- and I guess this is sort of the
22 concerning part -- while we know they may in
23 the future, I can't give you the individual
24 names of every company but I can tell you that
25 there's $1.5 billion sitting in a pipeline
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1 that companies could use. And it's my
2 contention that the ones that can't use it
3 under existing law are in fact the ones that
4 are and have the ability and the desire to
5 continue to invest and grow their companies.
6 So while I can tell you some of the
7 companies that I've met with, I can't tell you
8 every individual company. But I can tell you
9 that even through the Department of Taxation
10 there's 1.5 billion of these eligible that
11 they're either going to have to push out to
12 future years when they're not investing
13 because they're at their maximum or change it
14 so they can use it more expeditiously.
15 Again, I think that this would
16 almost be -- you know, originally when I
17 learned of this, I was concerned. But I
18 almost think it would be revenue-neutral.
19 Again, a lot of companies that are
20 investing and want that money for investment
21 are again the ones that are creating positive
22 generation of economic development because
23 they're companies that are growing, usually
24 paying good wage, and adding jobs -- not the
25 ones that are decreasing -- they are currently
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1 very eligible to use that tax credit.
2 SENATOR LIZ KRUEGER: Mr.
3 President, if through you the sponsor would
4 continue to yield.
5 THE PRESIDENT: Senator Robach,
6 do you yield for another question?
7 SENATOR ROBACH: Absolutely.
8 THE PRESIDENT: The Senator
9 yields, Senator Krueger.
10 SENATOR LIZ KRUEGER: Thank you,
11 Mr. President.
12 Senator, my understanding is that
13 the companies that aren't using these
14 investment tax credits -- and again, you said
15 they're unused; technically, we just passed a
16 law that we changed over the years to extend
17 the number of years now to 15 years for you to
18 be able to roll over these tax credits -- that
19 the companies who aren't using these tax
20 credits or maximizing them are, you're right,
21 in fact companies who are investing and
22 keeling their shops open, their facilities
23 modernized, that they are investing in keeping
24 their plants and their equipment and their
25 resources, you know, solid and here in
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1 New York State.
2 And that the reason they have all
3 these extra tax credits is because they have
4 don't have any taxes to pay. That they've
5 actually figured out how not to have taxes to
6 pay. Therefore, they can't draw down on the
7 all the possible tax credits they're eligible
8 for because they've already figured out how to
9 avoid taxes through a series of changes we
10 made in reducing business tax levels so low in
11 the last 15 years that -- you can only use a
12 tax when you owe a tax, and they just don't
13 have any to pay.
14 So why we would we want to create a
15 new model for them to in fact draw even money
16 out of the state budget when they seem to be
17 healthy and growing and thriving and doing the
18 things that business ought to be doing but not
19 actually paying taxes to the State of
20 New York?
21 SENATOR ROBACH: I'm not sure if
22 there's a question. But I guess I would say
23 while it's related, I think it's a little bit
24 different.
25 So there may be a lot of different
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1 reasons why someone's total tax structure or
2 the amount of taxes they're paying -- i.e.,
3 Company A compared to Company B. But I think
4 this specifically talks about not the base but
5 tax credits that they've earned that they want
6 to use and have to use to reinvest in their
7 company. I think that's very different.
8 And I guess my reason for this, and
9 I don't know this answers the question -- I
10 don't know what the question is exactly on the
11 whole tax structure -- I think while we do a
12 lot of things for economic development and we
13 may have different agreements or everyone may
14 have a different opinion, would be a better
15 way to put it, on what's the most efficient
16 and most effective, I feel a lot of what we do
17 sometimes might be on conjecture of what might
18 happen.
19 This is on what's already occurring
20 and wants to occur. And I feel strongly that
21 whether you're a company in New York City,
22 whether you're a company in upstate New York,
23 that investment credits are very, very
24 important, because that's what we want them to
25 do.
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1 I could just as easily make the
2 argument if we're not giving them an
3 investment tax credit, no matter who's been
4 running Empire State Development, when they
5 want to invest, if we don't give it to them
6 that way, they don't do it on their own or, as
7 you say, they're not thriving, they usually
8 come to the state, oftentimes, for money to
9 put together a package as part of a deal.
10 So while it's all very complex, I'm
11 going to encourage my colleagues to vote for
12 this because I really do believe this, despite
13 all the other structures or tax rules, would
14 be something that would stimulate the economy.
15 And while it may more quicker take out these
16 tax credits, even though they can now spread
17 them out longer, I believe with the benefit it
18 will do of putting people to work in
19 construction, reinvestment, more jobs, it will
20 actually in the aggregate be very good for the
21 economy and the tax structure or taxes taken
22 in here in New York State.
23 SENATOR LIZ KRUEGER: Thank you.
24 Mr. President, on the bill.
25 THE PRESIDENT: Senator Krueger,
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1 on the bill.
2 SENATOR LIZ KRUEGER: Thank you.
3 I appreciate my colleague's
4 discussion with me about this. And he's
5 right, tax credits get complicated.
6 And maybe I'm going to
7 oversimplify, but, one, it's not that there's
8 $1.5 billion in unused tax credits that are
9 just sort of floating out there in the ether
10 and will have no impact if New York State
11 tries to use them. It would be $1.5 billion
12 more not in our budget. Because an unused tax
13 credit means we're actually taking in the tax
14 money and then spending that on the costs of
15 operating the State of New York.
16 Second, though, he is right, to
17 some degree it is a theoretical discussion,
18 because the investment tax credit law was
19 implemented decades ago when we had higher
20 business tax rates and the theory behind the
21 tax credit was if you continue to invest in
22 your company we will give you a credit against
23 your business taxes. And so it was intended
24 to incentivize businesses to stay and to grow
25 by offering them lower tax rates if they made
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1 investments. That's why it was called an
2 investment tax credit.
3 So again, to reiterate one of my
4 questions to the sponsor, it is my
5 understanding that the reason we have unused
6 investment tax credits -- which already allow
7 a rollover of up to 15 years -- is because the
8 businesses who once upon a time actually could
9 have drawn down these tax credits against the
10 bills they owed the State of New York don't
11 have any bills they owe the State of New York,
12 because we have reduced the business tax level
13 to such a low rate that at this point in time
14 they can't use up a tax credit because they
15 have no taxes to want deducted from their
16 bills.
17 So I could argue that if we raised
18 the business tax level, then there would be a
19 need to have a tax credit, a new model for
20 using tax credits. Or I could argue if we
21 raised the business tax level in this state
22 that these businesses would actually have tax
23 bills to need credit against.
24 But as I read your bill, it
25 basically says they can't figure out how to
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1 use the tax credits because they don't have
2 any bills to pay us for taxes, and so let's
3 just create something we call a new tax credit
4 and hope that we give them more years --
5 because this lets them carry it forward even
6 further -- and then maybe they'll figure out a
7 way to use it.
8 Now, the way for them to use it is
9 for us to raise the business taxes and then
10 see who actually becomes eligible under a
11 higher tax rate. But I suspect you don't want
12 to call for an increase in the business tax.
13 I suspect most people in this house -- you're
14 shaking your head no -- are not going to
15 support raising the business tax. I get that.
16 I'm not making the argument to raise the
17 business tax.
18 But I am making the argument that
19 it doesn't make any sense to continue to try
20 to extend even further into time and
21 hypothetical usage tax credits that cannot be
22 used because we're not billing them for the
23 taxes in the first place.
24 So we could argue whether it's good
25 or bad that we have large numbers of companies
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1 who don't seem to have any tax bills to pay --
2 and I think we could argue the equity of that,
3 because I think we could all name a bunch of
4 businesses in this state who are still paying
5 business taxes.
6 I would argue that our tax model is
7 to the advantage of large companies and to the
8 disadvantage of small businesses. So I'd be
9 happy to have a discussion on this floor about
10 how we provide tax equity for businesses as
11 well as citizens and change our entire tax
12 structure.
13 But the large companies in this
14 state who are not paying taxes now, in my
15 opinion don't need any more favors from us of
16 extending out into even more future years the
17 possibility of a get-out-of-jail-free card if
18 they ever got a tax bill from us. I don't
19 think this makes any sense. And I'm going to
20 vote no.
21 Thank you, Mr. President.
22 THE PRESIDENT: Is there any
23 other Senator that wishes to speak on this
24 bill?
25 Debate is closed.
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1 The Secretary will ring the bell.
2 The Secretary will read the last
3 section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 1786 are
10 Senators Adams, Duane, Hassell-Thompson,
11 Huntley, L. Krueger, Parker, Perkins, Sabini,
12 Schneiderman and Serrano.
13 Ayes, 51. Nays, 10.
14 THE PRESIDENT: The bill is
15 passed.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1794, by Senator Lanza, Senate Print 4796, an
19 act to amend the Criminal Procedure Law.
20 SENATOR LIZ KRUEGER:
21 Explanation, please.
22 THE PRESIDENT: Senator Lanza, an
23 explanation has been requested by Senator
24 L. Krueger.
25 SENATOR LANZA: Yes, thank you,
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1 Mr. President.
2 Sadly, an act of domestic violence
3 occurs every 15 seconds in this country. And
4 in more than 80 percent of those cases the
5 victim is a woman. In this state alone, as
6 demonstrated by the last statistics in 1999,
7 there were more than 55,000 reported cases of
8 domestic violence in the state of New York.
9 Frequently during the pendency of
10 cases or as a result of sentencing in a case
11 of domestic violence, the courts order orders
12 of protection as a means to protect the
13 victims in these cases. Because as we know
14 with respect to domestic violence, the
15 aggressor, the perpetrator, often has a single
16 specific victim in mind and there is often
17 recidivism involved in these sorts of cases.
18 One of the terms of the order of
19 protection is that they lay out things that
20 the perpetrator cannot do -- come in contact
21 with or in the vicinity of the victim, for
22 instance. It is a crime to violate the terms
23 of that order of protection already, as a
24 matter of law.
25 This bill would require that any
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1 person against whom an order of protection is
2 issued to be required to wear an electronic
3 monitoring device. So that the moment the
4 person against whom the order of protection is
5 issued violates the law and commits a crime by
6 violating the terms of that order of
7 protection, specifically by coming in contact
8 or in the vicinity of the victim, there will
9 be the opportunity for there to be an alert so
10 that local law enforcement can take action
11 with respect to the already occurring
12 commission of a crime.
13 THE PRESIDENT: Senator Sampson.
14 SENATOR SAMPSON: Mr. President,
15 would the sponsor yield for a few questions.
16 SENATOR LANZA: Yes,
17 Mr. President.
18 THE PRESIDENT: The sponsor
19 yields.
20 SENATOR SAMPSON: Through you,
21 Mr. President, does this apply to temporary
22 orders of protection or permanent orders of
23 protection?
24 SENATOR LANZA: To both,
25 Mr. President.
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1 SENATOR SAMPSON: Through you,
2 Mr. President, would the sponsor continue to
3 yield.
4 SENATOR LANZA: Yes,
5 Mr. President.
6 THE PRESIDENT: The sponsor
7 yields.
8 SENATOR SAMPSON: How long would
9 it take for this electronic monitoring device
10 to get set up?
11 SENATOR LANZA: I don't
12 understand the question, Mr. President. Do
13 you mean -- may I ask a question?
14 SENATOR SAMPSON: Yeah.
15 SENATOR LANZA: Set up as far as
16 put in place, registered --
17 SENATOR SAMPSON: Put in place,
18 yes.
19 SENATOR LANZA: I don't know the
20 answer to that, Mr. President.
21 SENATOR SAMPSON: The reason I'm
22 asking that question is because when you get
23 arraigned the court usually issues a temporary
24 order of protection. So between that time and
25 the next court date, there's a temporary order
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1 of protection in place.
2 So at the point of once a temporary
3 order of protection is issued at the
4 arraignment until the first court appearance
5 in actual court, is the electronic bracelet
6 supposed to be set up at that point in time?
7 THE PRESIDENT: Just one moment,
8 Senator Lanza. I'd appreciate if everyone in
9 the chamber would respect that Senator Lanza
10 and Senator Sampson are trying to discuss an
11 important piece of legislation.
12 The chair recognizes Senator Lanza.
13 SENATOR LANZA: Thank you,
14 Mr. President. Through you, that is the
15 intention of the legislation.
16 SENATOR SAMPSON: And my question
17 again is, what would be the time frame for
18 that system to be set up? Because if there's
19 only a three-week adjournment between
20 arraignment and the first court appearance,
21 how long would it take for that electronic
22 bracelet to be put online?
23 SENATOR LANZA: Through you,
24 Mr. President, I don't know the precise time
25 that it would take, but I do know that given
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1 today's technology, it's a fairly simple
2 process, a fairly inexpensive process. And I
3 would imagine that it could be done with all
4 due speed and deliberation.
5 SENATOR SAMPSON: Through you,
6 Mr. President, would the sponsor continue to
7 yield.
8 SENATOR LANZA: Yes,
9 Mr. President.
10 THE PRESIDENT: The sponsor
11 yields, Senator Sampson.
12 SENATOR SAMPSON: And would there
13 be any exceptions with respect to this
14 electronic bracelet?
15 SENATOR LANZA: Mr. President,
16 through you, no exceptions are contemplated in
17 this legislation.
18 I would remind my colleague that
19 whether the order of protection is temporary
20 or permanent, it is an order of the court
21 backed by criminal sanctions already.
22 Violation of any order of protection, whether
23 temporary or permanent, is already a Class A
24 misdemeanor in this state.
25 SENATOR SAMPSON: Through you,
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1 Mr. President, would the sponsor continue to
2 yield.
3 THE PRESIDENT: Senator Lanza, do
4 you continue to yield?
5 SENATOR LANZA: Yes,
6 Mr. President.
7 THE PRESIDENT: The sponsor
8 yields.
9 SENATOR SAMPSON: What do we do
10 in those situations where we have -- take, for
11 instance, a landlord-tenant relationship where
12 there's an order of protection issued against
13 a landlord but there needs to be some sort of
14 limited access, so therefore the court issues
15 a limited order of protection. So how would
16 this electronic bracelet work in that
17 instance?
18 SENATOR LANZA: Mr. President,
19 through you, those terms are typically spelled
20 out within the actual order of protection with
21 respect to the conduct which is prohibited by
22 the order of protection. And so this
23 legislation would not in any way, shape or
24 form come into conflict with the terms of any
25 of order of protection.
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1 SENATOR SAMPSON: Through you,
2 Mr. President, would the sponsor continue to
3 yield.
4 THE PRESIDENT: Senator Lanza, do
5 you continue to yield?
6 SENATOR LANZA: Yes,
7 Mr. President.
8 SENATOR SAMPSON: Senator, what
9 do we do in those situations where an
10 individual is issued an electronic bracelet
11 and there happens where the complaining
12 witness and the alleged perpetrator are within
13 the same vicinity of one another, no
14 coincidence? What to we do in those
15 situations?
16 SENATOR LANZA: Mr. President,
17 through you, I suppose we would do what we do
18 under current law based on the facts and due
19 process that is afforded the defendant.
20 The good news, though, is if we
21 enact this legislation, the victim would be
22 alerted to the fact that the perpetrator is in
23 violation of the terms of the order of
24 protection, which puts them in violation of
25 the law, which means they are committing a
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1 crime.
2 And this legislation would allow
3 us -- would allow the victim and law
4 enforcement to be notified in that event. And
5 the good news is it would perhaps save victims
6 from repeated aggression. Because we know
7 that perpetrators who violate orders of
8 protection by and large don't do it
9 accidentally. It is because they have one
10 object in mind, and that is to perpetrate
11 further aggression with respect to specified
12 victims. As I said, in over 80 percent of the
13 cases they happen to be women.
14 SENATOR SAMPSON: Through you,
15 Mr. President, would the sponsor continue to
16 yield.
17 THE PRESIDENT: Senator Lanza, do
18 you continue to yield?
19 SENATOR LANZA: Yes,
20 Mr. President.
21 SENATOR SAMPSON: Senator, is
22 there a range in which this electronic
23 operating device operates -- 1,000 feet, 2,000
24 feet, 3,000 feet -- that the alleged
25 individual can't come in contact with the
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1 complaining witness?
2 SENATOR LANZA: Mr. President,
3 through you, the device and the technology
4 allows for the devices to be set consistent
5 with and in compliance with the order of
6 protection.
7 SENATOR SAMPSON: So that needs
8 to be spelled out in the order of protection,
9 then.
10 SENATOR LANZA: Mr. President,
11 through you, that is the case presently.
12 Terms, when ordered by the court in orders of
13 protection, are always specified with respect
14 to what the perpetrator, the aggressor, can or
15 cannot do, whether it's stay away from the
16 home or place of business of the victim,
17 whether it's to stay away from the family of
18 the victim.
19 But those terms in each order of
20 protection are specified. Many of the terms
21 are standard. And sometimes the court has
22 discretion to add terms based on the specific
23 fact of a case.
24 And so all this would do is in the
25 event that a perpetrator violates the order of
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1 protection, which already would mean that that
2 person -- typically, he -- would be committing
3 a crime. This would alert law enforcement,
4 this would alert the victim of that crime and
5 hopefully, hopefully allow that victim to be
6 protected from further acts of aggression.
7 SENATOR SAMPSON: Through you,
8 Mr. President, would the sponsor continue to
9 yield to continue to yield for one last
10 question.
11 THE PRESIDENT: Senator Lanza,
12 would you yield for one last question?
13 SENATOR LANZA: Yes,
14 Mr. President.
15 SENATOR SAMPSON: Senator, what
16 does the defendant do in those situations
17 where the complaining witness comes within the
18 vicinity of where the defendant is and at that
19 point the electronic monitoring device goes
20 off and the police are alerted?
21 SENATOR LANZA: Mr. President,
22 this law would not change any of the current
23 situations that occur already with respect to
24 orders of protection.
25 An order of protection is
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1 court-ordered. It specifies what a defendant
2 or a convicted criminal can and cannot do with
3 respect to coming into contact with a victim.
4 This would only give the victim and law
5 enforcement the opportunity to know precisely
6 when a convicted criminal or alleged
7 perpetrator is already in violation of an
8 order of protection.
9 SENATOR SAMPSON: No further
10 questions. Thank you.
11 THE PRESIDENT: Senator Adams.
12 SENATOR ADAMS: Through you,
13 Mr. President, would the sponsor yield for a
14 question.
15 THE PRESIDENT: Senator Lanza,
16 would you yield for a question from Senator
17 Adams?
18 SENATOR LANZA: I'd be glad to,
19 Mr. President.
20 SENATOR ADAMS: I think that my
21 colleague Senator Sampson, the reason he was
22 asking so many questions is because we are too
23 concerned about the issue of domestic
24 violence. And my colleague has been doing a
25 lot in Brooklyn on this issue of domestic
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1 violence. So our concern is to make sure that
2 it addresses the need.
3 Senator Lanza -- through you,
4 Mr. President -- exactly how does the system
5 operate? Is the police notified directly?
6 SENATOR LANZA: I'm sorry,
7 Mr. President, notify whom?
8 SENATOR ADAMS: Is the police
9 notified directly? How is the police informed
10 if the person is within the space that's
11 required?
12 SENATOR LANZA: Yes,
13 Mr. President, through you, it would operate
14 such that the local sheriff's department or
15 police department would actually be the
16 monitoring agency.
17 SENATOR ADAMS: Would the Senator
18 continue to yield, Mr. President?
19 SENATOR LANZA: Yes,
20 Mr. President.
21 THE PRESIDENT: The Senator
22 yields.
23 SENATOR ADAMS: Do you know the
24 technical aspects of how the police is
25 notified? Is it through a computer system?
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1 Is there a GPS system? Do you know exactly
2 how they're notified?
3 SENATOR LANZA: Mr. President, I
4 believe it's through GPS system. The
5 monitoring is such that movements of the
6 person against whom the order of protection is
7 issued and would be wearing the monitoring
8 device are not reported until there's a
9 violation of the order of protection.
10 SENATOR ADAMS: Would the sponsor
11 continue to yield?
12 SENATOR LANZA: Yes,
13 Mr. President.
14 THE PRESIDENT: The sponsor
15 yields, Senator Adams.
16 SENATOR ADAMS: I'm trying to
17 understand, and I'm not really understanding
18 currently.
19 You're aware there's several orders
20 of protection that are issued to a person?
21 You're aware of that?
22 SENATOR LANZA: Yes, I am,
23 Mr. President. Each of which is an order of
24 the court, each of which compliance --
25 noncompliance of is a crime.
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1 SENATOR ADAMS: Would the sponsor
2 continue to yield?
3 THE PRESIDENT: Senator Lanza, do
4 you continue to yield?
5 SENATOR LANZA: Yes,
6 Mr. President.
7 SENATOR ADAMS: You are aware
8 that some of the orders of protection that are
9 issued have nothing to do with coming in
10 contact with the person?
11 SENATOR LANZA: Yes,
12 Mr. President, I'm aware of that. And in
13 those case this legislation would not apply.
14 SENATOR ADAMS: Would the sponsor
15 continue to yield?
16 THE PRESIDENT: Senator Lanza, do
17 you continue to yield?
18 SENATOR LANZA: Yes,
19 Mr. President.
20 SENATOR ADAMS: So the judge
21 would -- based on what you're stating, the
22 judge would indicate which case the individual
23 will wear the bracelet or the device?
24 SENATOR LANZA: Through you, Mr.
25 President, yes, based on whether or not one of
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1 the terms of the order of protection is for
2 the perpetrator to stay away from the home or
3 place of business or of the victim.
4 SENATOR ADAMS: Would the sponsor
5 continue to yield?
6 THE PRESIDENT: Senator Lanza, do
7 you continue to yield?
8 SENATOR LANZA: Yes,
9 Mr. President.
10 THE PRESIDENT: Senator Lanza
11 yields.
12 SENATOR ADAMS: Okay. A
13 stipulation for the wearing of the bracelet is
14 if the person is told not to enter the home or
15 to stay away from the home.
16 SENATOR LANZA: Mr. President,
17 typically that is a standard provision of any
18 order of protection. And typically that term,
19 when the facts are determined by a judge not
20 to be necessary, are actually stricken from
21 the standard order of protection form.
22 SENATOR ADAMS: Would the sponsor
23 continue to yield, Mr. President?
24 THE PRESIDENT: Senator Lanza, do
25 you continue to yield?
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1 SENATOR LANZA: Yes,
2 Mr. President.
3 SENATOR ADAMS: You said
4 typically that's a statement from the judge.
5 I tend to disagree with that.
6 But my question is, do you know the
7 percentage of those orders that are issued
8 telling the individual to stay away from the
9 location based on orders of protection that
10 are issued telling the person to cease
11 carrying out a certain behavior? Would you
12 know the percentage or the difference?
13 SENATOR LANZA: Mr. President, I
14 don't know the answer. Only anecdotally.
15 My experience in the Manhattan DA's
16 office for six years, I would say a large
17 percentage of the orders of protection that
18 are issued against those who have committed
19 crimes against domestic partners, a large
20 percentage -- when a judge determines that the
21 safety of the victim requires that an order of
22 protection be issued to protect the victim
23 from further acts of aggression, the majority
24 of the cases that I've had the experience to
25 deal with as a prosecutor involved the
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1 perpetrator having to stay as a term and
2 condition of the order of protection away from
3 the home and place of business of the victim
4 of their crime.
5 SENATOR ADAMS: Mr. President, on
6 the bill.
7 THE PRESIDENT: Senator Adams, on
8 the bill.
9 SENATOR ADAMS: I am going to
10 support the bill, because I believe anything
11 we can do to assist a victim of domestic
12 violence is a plus. I believe that a
13 countless number of citizens, both men and
14 women -- although there's a large number of
15 women who are attacked -- the response seems
16 to be far too wide in ensuring that the police
17 responds in a number of times.
18 I think that Senator Lanza is
19 thinking outside the box to find creative ways
20 of addressing the issues of domestic violence.
21 I don't believe we do enough. And I commend
22 him for this legislation.
23 I am, you know -- I would love to
24 see exactly how the police department and how
25 the procedure were actually carried out. But
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1 I think that this legislation is one of many,
2 many that we need to do, for far too many
3 individuals repeat-violate an order of
4 protection. And I don't believe enough is
5 done. And I think that we need to examine
6 what we can do to deal with those repeated
7 offenders.
8 We had, in a ten-day period, we had
9 three incidents where individuals lost their
10 lives. One was a stabbing, another was
11 shooting, and an entire family was a victim of
12 a repeated offender of an order of protection.
13 I would hope a piece of legislation
14 like this can start the process of addressing
15 and we won't continue to ignore the shame of
16 those who violate orders of protection. I'm
17 going to support the bill.
18 THE PRESIDENT: Senator
19 Liz Krueger.
20 SENATOR LIZ KRUEGER: Thank you,
21 Mr. President. If the sponsor would yield.
22 SENATOR LANZA: Yes,
23 Mr. President.
24 SENATOR LIZ KRUEGER: Thank you.
25 I appreciate your comments so far to both of
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1 my colleagues' questions.
2 Just going back to the
3 technicalities of the bill. So in your memo
4 you talk about in 1999 there were 55,000
5 police reports of family offenses. You know,
6 and you gave very good data about how serious
7 a problem domestic violence is, and I share
8 your concern.
9 But clearly if we were to know the
10 number of actual orders of protection that are
11 issued a year in the state of New York --
12 particularly now that my colleague Senator
13 Sampson has educated me to the fact that
14 everyone arraigned ends up with an order of
15 protection -- we're talking about tens of
16 thousands of these per year in New York State.
17 And under your bill, even though
18 there was some discussion with Senator Adams
19 about who it would apply to and who it
20 wouldn't, in your bill it says any person
21 against whom an order of protection is issued
22 shall be required to wear an electronic
23 monitoring device.
24 So are you saying that we will be
25 putting these bracelets on tens of thousands
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1 of New Yorkers every year?
2 SENATOR LANZA: Mr. President,
3 through you, this legislation would require
4 that only those people who are accused of
5 committing an act of domestic violence or
6 aggression against a partner or have been
7 convicted and as part of the sentence have
8 been issued a permanent order of protection
9 where a judge decided, based on testimony from
10 both the prosecutor and from the defense, that
11 the safety of the victim requires that an
12 order of protection be issued.
13 So it would be only against those
14 people after a trial or during the process,
15 during the trial process, that a judge had
16 decided an order of protection was necessary
17 to protect the victim.
18 SENATOR LIZ KRUEGER: Thank you,
19 Mr. President. If through you the sponsor
20 would continue to yield, please.
21 THE PRESIDENT: Senator Lanza,
22 would you yield for another question from
23 Senator L. Krueger?
24 SENATOR LANZA: Gladly,
25 Mr. President.
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1 SENATOR LIZ KRUEGER: Thank you.
2 In following up on my question, I guess I
3 would recommend that you relook at your bill,
4 because I think it would need a technical
5 amendment to limit it to that subuniverse you
6 just limited it to.
7 But again -- I'm sorry.
8 SENATOR LANZA: Mr. President,
9 through you, it should be noted that this
10 technology is not a constant monitoring of a
11 person wearing the device. It would only
12 alert law enforcement the moment a defendant
13 violates the terms of the order of protection.
14 It would be set to be consistent with the
15 terms of that order of protection.
16 So not until a defendant or a
17 convicted criminal already violated the law
18 and committed another crime -- specifically,
19 the violation of the order of protection --
20 would an alert occur.
21 SENATOR LIZ KRUEGER: Thank you,
22 Mr. President. If through you the sponsor
23 would continue to yield.
24 SENATOR LANZA: Yes,
25 Mr. President.
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1 SENATOR LIZ KRUEGER: Thank you.
2 So if I'm hearing you correctly,
3 while we may or may not agree that your law is
4 technically written the way you describe,
5 because now I'm hearing that only people
6 convicted of a crime already -- no?
7 SENATOR LANZA: No. Any person
8 against whom an order of protection has been
9 issued by a court of law.
10 And I would just add, once again,
11 in those cases it is already a crime to
12 violate the terms of those orders of
13 protection, whether or not they're temporary,
14 permanent, issued during the pendency of a
15 crime or issued as part of a sentence.
16 SENATOR LIZ KRUEGER: Mr.
17 President, if through you the sponsor would
18 continue to yield.
19 SENATOR LANZA: Yes,
20 Mr. President.
21 SENATOR LIZ KRUEGER: Thank you,
22 sponsor.
23 So I've just been provided some
24 data that New York State has about 400,000
25 calls on domestic violence a year. So in fact
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1 the numbers are even greater than I think you
2 and I imagined.
3 And so some number of people will
4 be assigned to wear these bracelets, most
5 likely in the tens of -- let's say 10,000 out
6 of 400,000 calls will be required to wear
7 these bracelets. And the bracelet is a
8 monitoring bracelet.
9 Statewide, who is this bracelet
10 hooked up to? Who is going to see a buzzer go
11 off? And does such a system exist yet, or
12 would we need to build a large statewide
13 system for tracking tens of thousands of
14 people with these monitoring bracelets so
15 that, as Senator Adams pointed out, the police
16 could then go out when they saw, on some
17 system I'm not familiar with, bells and
18 whistles going off saying so-and-so is getting
19 too close to Liz Krueger, who had filed an
20 order of protection with the court? How would
21 that work?
22 SENATOR LANZA: Mr. President,
23 through you, the technology does exist. It is
24 a GPS-based technology.
25 The numbers and statistics cited by
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1 my colleague Senator Krueger I think speak
2 even stronger for the need for this
3 legislation. The fact that there are so many
4 perpetrators in this state committing crimes
5 against domestic partners -- their wives,
6 husbands or partners, sometimes their
7 children -- I think speaks to the need for us
8 to utilize current technology to afford
9 society and law enforcement the opportunity to
10 know precisely the moment that a perpetrator
11 has broken the law.
12 And that, I think, is the important
13 part of this legislation. When there is an
14 order of protection issued, regardless of what
15 the facts underlying the case are, it is not
16 the victim who files for an order of
17 protection, it is the court that orders an
18 order of protection.
19 And so regardless of whether or not
20 there is a monitoring device or not, the
21 moment someone against whom an order of
22 protection is issued violates the terms of
23 those -- of that order of protection, they are
24 committing a crime. And sadly, typically, we
25 know why they're doing that in cases where
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1 orders of protection are issued, and that is
2 to commit another crime against the same
3 intended victim.
4 And so this legislation would allow
5 us to utilize existing technology in order to
6 alert law enforcement so that hopefully we can
7 prevent that crime from occurring.
8 SENATOR LIZ KRUEGER: Thank you,
9 Mr. President. If through you the sponsor
10 would continue to yield.
11 THE PRESIDENT: Senator Lanza, do
12 you continue to yield?
13 SENATOR LANZA: Yes,
14 Mr. President.
15 SENATOR LIZ KRUEGER: Thank you.
16 Actually, in the types of cases
17 Senator Sampson was describing earlier, the
18 court might just order an order of protection.
19 In most domestic violence cases, the victim
20 actually goes and asks the court for an order
21 of protection.
22 And at least in -- you were in
23 Manhattan, so I know you know this, because
24 this is unfortunately a growing pattern in
25 New York City and perhaps throughout the
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1 state. If I am the victim of domestic
2 violence and I go and I call the police and I
3 report that I have been abused and I'm advised
4 by perhaps a police counselor to go and get an
5 order of protection in the court,
6 statistically it's quite possible that my
7 abuser will then also go to court in what we
8 call a retaliatory order of protection, so
9 that it's a he said/she said scenario.
10 Would both of us wear the
11 bracelets, under your law?
12 SENATOR LANZA: Mr. President,
13 through you, the short answer is yes.
14 But it should be noted once again
15 that when an order of protection is issued --
16 if my colleague Senator Krueger is raising the
17 issue of whether or not orders of protection
18 are appropriately ordered by courts, that I
19 think is a discussion that we can have.
20 But the fact that a court has
21 issued an order of protection, the violation
22 of that order of protection presently --
23 whether or not we have monitoring devices or
24 not, whether you agree with the court or not
25 in ordering that order of protection --
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1 violating the terms of that order of
2 protection is already a crime.
3 And so this would merely, under
4 circumstances in which orders of protection
5 were issued by a court, would alert law
6 enforcement the moment the person against whom
7 it was issued breaks the law.
8 SENATOR LIZ KRUEGER: Thank you.
9 Mr. President, on the bill.
10 THE PRESIDENT: Senator Krueger,
11 on the bill.
12 SENATOR LIZ KRUEGER: I
13 appreciate Senator Lanza's patience in
14 answering many questions. And I have more,
15 but I think I will just tell you my dilemma.
16 Of course I want us to do more to
17 protect victims of domestic violence, victims
18 of any kind of violence. But -- and I think
19 that perhaps your bracelet model, in the right
20 piece of legislation, could work. But your
21 bill leaves too many blanks there. It doesn't
22 actually explain who under the categories
23 would be affected, who wouldn't.
24 It doesn't, most important to me,
25 explain how we'd actually get protection to
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1 the person when the bracelet buzzed somewhere,
2 because we don't have a system in place
3 anywhere where those bells and whistles would
4 buzz and an NYPD officer would rush to get
5 there.
6 And maybe we should have a system
7 where they would, almost an auto-press, you
8 know, the buzzer goes off and a police officer
9 is immediately sent out to -- not necessarily
10 where I am, if I'm in this case the victim,
11 but where the person wearing the bracelet is.
12 But I have to tell you, your bill
13 doesn't even talk about money. And I envision
14 this as costing millions and millions and
15 millions of dollars. Maybe well worth
16 millions of dollars, I don't know, to set up a
17 giant GPS tracking system for tens of
18 thousands of people throughout the state of
19 New York. Maybe that's a good use of the
20 money.
21 But even then I guess I have the
22 question of do the experts in domestic
23 violence think this would be the best use of
24 millions and millions and millions of dollars,
25 or are they still begging us for investments
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1 in the kinds of things that they already know
2 exist and work?
3 And I talked to them, and they said
4 we have such a long list of money that we need
5 for protecting victims of domestic violence,
6 for coordinating with police departments, to
7 educating our local police, to ensuring that
8 there is a response when someone calls.
9 That instead of doing that, that we
10 have a bill where we spend, again, I have to
11 say probably just tens of millions of dollars
12 to try to create this, I would guess, even as
13 a pilot project.
14 I'm also very concerned that what
15 Senator Sampson points out, that it would be a
16 much larger universe of people than just a
17 domestic violence situation, raising all kinds
18 of other good questions that he raised.
19 And I'm also concerned that judges,
20 in response to hearing that if they give an
21 order of protection that they're sending a
22 bill to the police department and to the
23 district attorney's office and to basically
24 ordering what right now we'd say is an
25 unfunded mandate, that they will stop issuing
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1 order of protection, that they will say, oh,
2 no, my mayor's getting hysterical, my county
3 executive is getting hysterical, my state
4 legislator is getting hysterical, we have to
5 create this giant system, if I keep doing
6 orders of protection, when we have no money to
7 build this system. And so we will actually
8 discourage the appropriate orders of
9 protection that judges ought to be issuing.
10 And again, if you don't have it all
11 in place, it's not clear at all what this
12 piece of legislation does.
13 So I don't want to vote no, because
14 I want to protect victims. I think you were
15 trying to get there also. I don't think this
16 could work. I don't think it can work.
17 There's no money and there's no technical
18 details.
19 And while we know how a GPS
20 bracelet works for house arrest, where buzzers
21 go off for you if you actually leave a
22 specific area because you're connected
23 electronically to a device in your home, that
24 automatically sets the buzzer off when you get
25 farther than X amount of distance from it,
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1 you're talking a model like what we talk about
2 with GPS honing devices for our bus system --
3 which I hope we get in New York City someday:
4 Where is the bus? Can you track it?
5 And I just don't see us in a
6 scenario where this is going to happen without
7 unbelievable infrastructure investment and a
8 total change in how our police departments
9 operate.
10 So I'll vote yes, but I don't see
11 how this can possibly get us to where you want
12 us to go.
13 Thank you, Mr. President.
14 THE PRESIDENT: Senator
15 Schneiderman.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Mr. President.
18 My amendment to cut all the funding
19 for Rockland County is at the desk -- oh,
20 thank you, Senator Morahan.
21 (Laughter.)
22 SENATOR SCHNEIDERMAN: I'd like
23 to ask if the sponsor would yield for just a
24 few very brief questions.
25 THE PRESIDENT: Senator Lanza,
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1 would you yield for a question from Senator
2 Schneiderman?
3 SENATOR LANZA: Yes,
4 Mr. President.
5 SENATOR SCHNEIDERMAN: As
6 drafted, this bill provides no discretion for
7 the court to require or waive the electronic
8 transmission monitoring device in any
9 situation in which an order of protection is
10 given. Is that correct?
11 SENATOR LANZA: Mr. President,
12 through you, the only discretion a court has
13 is the discretion they have already, which is
14 whether or not to issue an order of
15 protection. Which I would imagine they intend
16 to be complied with.
17 SENATOR SCHNEIDERMAN: Thank you.
18 And most orders of protection, all
19 the orders that of protection that I've seen
20 in domestic violence cases are principally
21 focused on keeping the perpetrator away from
22 the victim. Is that not correct?
23 SENATOR LANZA: Mr. President,
24 through you, that is the reason why orders of
25 protection are issued.
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1 SENATOR SCHNEIDERMAN: And unless
2 the victim is also required to wear a device,
3 how in any existing technology would anyone be
4 able to tell if the perpetrator went close to
5 the victim?
6 THE PRESIDENT: Senator Lanza, do
7 you continue to yield?
8 SENATOR LANZA: Yes,
9 Mr. President.
10 And that is the case today under
11 existing law. And those are issues for courts
12 to decide, as to whether or not the victim of
13 an order of protection is using it as a shield
14 or using it, as they say, as a sword.
15 But the fact is is that the
16 violation of an order of protection is a crime
17 and typically people violate orders of
18 protection to commit acts of aggression or
19 assaults or worse on the victim who is being
20 protected by that order of protection.
21 SENATOR SCHNEIDERMAN: Thank you.
22 I thank the sponsor for his answers.
23 On the bill.
24 THE PRESIDENT: Senator
25 Schneiderman, on the bill.
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1 SENATOR SCHNEIDERMAN: I concur
2 with my colleagues, several of whom have noted
3 that this is I believe a well-intentioned
4 piece of legislation.
5 But it seems to me to be a piece of
6 legislation that cannot possibly work with the
7 technology as it exists now, for a very simple
8 reason. The idea of an order of protection is
9 to keep a perpetrator away from a victim. And
10 there's no technology that could possibly tell
11 anyone when a perpetrator gets close to a
12 victim. A perpetrator can follow a victim,
13 stalk a victim, go anywhere.
14 I mean, it's virtually -- it's
15 very, very difficult to even tell when a
16 perpetrator goes to a particular location.
17 But it is impossible to tell if a perpetrator
18 is in proximity to another individual unless
19 you're going to require victims to wear
20 bracelets, which is not in this bill and which
21 I think everyone would have a problem with.
22 Furthermore, this presents a very
23 real problem of causing judges to be more
24 cautious about issuing orders of protection
25 because it does impose this additional
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1 requirement.
2 And finally, there's no reference
3 to how this is going to work, how it's going
4 to be funded, who is going to do it and what
5 technology is going to be applied.
6 So I would suggest that this is one
7 that needs to go back to the workshop. I
8 understand the appeal of having electronic
9 monitoring devices. And I see what the
10 sponsor is trying to get at. I don't believe
11 that this bill, as it's presently drafted,
12 could possibly work, would have the beneficial
13 effect for which it's intended.
14 I don't think it's going to pass
15 the Assembly, so I think it's good that we've
16 got this on the table as a basis for
17 discussion.
18 But there is no way this
19 legislation would do anything except impose a
20 requirement that is absolutely unfulfillable.
21 You might as well ask judges to fly out the
22 window -- well, actually, Senator Maziarz has
23 done with that with some judges. I don't know
24 if he's here. But you might as well ask them
25 to fly or levitate their desks as ask them to
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1 require an electronic monitoring device that
2 would actually track the victim and the
3 perpetrator together. It doesn't exist. It's
4 never existed.
5 So based on the doctrine of
6 impossibility, as I remember it from law
7 school, I'm going to actually vote against
8 this legislation.
9 Thank you, Mr. President.
10 THE PRESIDENT: Are there any
11 other Senators wishing to speak on the
12 legislation that has come before us?
13 Senator Sampson.
14 SENATOR SAMPSON: Would the
15 sponsor yield for one last question that I
16 forgot to ask.
17 THE PRESIDENT: Senator Lanza,
18 would you be willing to yield for one last
19 question from Senator Sampson?
20 SENATOR LANZA: Gladly.
21 SENATOR SAMPSON: Through you,
22 Mr. President. Senator, who pays for this
23 electronic monitoring system? Is it the
24 defendant, or does the court pay for it?
25 SENATOR LANZA: I'm sorry, the
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1 question, Mr. President, is who pays for the
2 technology?
3 SENATOR SAMPSON: Yeah, who pays
4 for the hooking up of this electronic
5 monitoring device?
6 Because I know in several
7 instances, especially in federal courts, the
8 defendant has a responsibility to pay for this
9 usually included in his bail package when
10 they're seeking bail, as a bail requirement.
11 SENATOR LANZA: Mr. President,
12 through you, it is my understanding that
13 payment as contemplated by this legislation
14 would be made by local departments of
15 probation. The cost also, to my
16 understanding, is no more than two or three
17 dollars per week.
18 SENATOR SAMPSON: Thank you very
19 much, Mr. President.
20 THE PRESIDENT: Is there any
21 Senator that wishes to ask any question before
22 this debate is closed? Senator Farley?
23 Senator Robach?
24 Debate is closed.
25 Read the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE PRESIDENT: Senator Robach.
6 SENATOR ROBACH: Yes, very
7 quickly to explain my vote.
8 We've done a lot of bills to
9 protect people not to be discriminated against
10 in the workplace, that have been victims of
11 domestic violence in housing markets, even to
12 get out of their lease.
13 And I just want to say that
14 listening to the debate has been very
15 interesting to me, but I can assure you that
16 while I don't know what every advocate says,
17 for the victims of domestic violence -- which
18 I worked very closely with in my time at
19 Monroe County Department of Public Safety, and
20 in a lot of legislation -- what they fear the
21 most is being victimized again.
22 This uses today's technology to try
23 and stop that from happening. I applaud
24 Senator Lanza and happily cast my vote in the
25 affirmative.
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1 THE PRESIDENT: Senator Robach
2 will be recorded in the affirmative.
3 Senator Onorato, to explain his
4 vote.
5 SENATOR ONORATO: To explain my
6 vote.
7 I'm going to vote for this,
8 Senator. But I have a lot of misgivings about
9 it. And I'm not an expert in the electronics,
10 but when you put a bracelet on someone, you
11 expect that right now, to my knowledge, it
12 only follows you if you leave your home, but
13 it doesn't tell you where you're going, are
14 you're going towards the victim or are you
15 going to work? Is the work anywhere near the
16 victim?
17 It sort of puts a false sense of
18 security on a victim when there really is
19 none. Unless you have something on the victim
20 itself. Once you order the perpetrator to
21 have a bracelet, there should be some device
22 on the victim that would allow the police
23 department to know when he is approaching her
24 and give them some opportunity to help her
25 out.
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1 But I'm going to vote for it and
2 hope maybe we will revisit this with an
3 amendment. I vote aye.
4 THE PRESIDENT: Senator Onorato
5 will be recorded in the affirmative.
6 Senator Schneiderman.
7 SENATOR SCHNEIDERMAN: No, no,
8 just waving.
9 THE PRESIDENT: Senator
10 Schneiderman will be recorded as waving.
11 The Secretary will announce the
12 results on Calendar Number 1794.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 1794 are
15 Senators Dilan, Duane, Montgomery, Parker and
16 Schneiderman.
17 Ayes, 56. Nays, 5.
18 THE PRESIDENT: The bill is
19 passed.
20 That completes the controversial
21 reading of the calendar, Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 is there any housekeeping at the desk?
24 THE PRESIDENT: Senator Griffo.
25 SENATOR GRIFFO: Mr. President,
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1 on behalf of myself, I would like to restore
2 an amended Senate bill.
3 On page 33, Calendar Number 1120, I
4 move to amend Senate Bill Number 5482C by
5 striking out the amendments made on June 18th
6 and restoring it to Senate Print 5482A. And I
7 ask that said bill retain its place on Third
8 Reading Calendar.
9 THE PRESIDENT: So ordered,
10 Senator. And the bill will retain its place
11 on the Third Reading Calendar.
12 Senator Duane.
13 SENATOR DUANE: Thank you,
14 Mr. President.
15 On behalf of Senator Valesky, I
16 move that the following bill be discharged
17 from its respective committee and be
18 recommitted with instructions to strike the
19 enacting clause: Senate Number 5959.
20 THE PRESIDENT: Bill Number 5959,
21 so ordered.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President,
24 there will be an immediate meeting of the
25 Rules Committee in the Majority Conference
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1 Room.
2 We will report the agenda, but it
3 will not be taken up this evening.
4 THE PRESIDENT: There will be an
5 immediate meeting of the Rules Committee in
6 the Majority Conference Room.
7 The Senate stands at ease.
8 (Whereupon, the Senate stood at
9 ease at 7:14 p.m.)
10 (Whereupon, the Senate reconvened
11 at 7:31 p.m.)
12 ACTING PRESIDENT STACHOWSKI:
13 Senator Skelos.
14 SENATOR SKELOS: Thank you,
15 Mr. President. If we could return to reports
16 of standing committees, there's a report of
17 Rules Committee at the desk. I ask that it be
18 read at this time.
19 ACTING PRESIDENT STACHOWSKI:
20 Reports of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator Bruno,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 820, by Senator
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1 Montgomery, an act to amend the General
2 Business Law;
3 2663, by Senator Stavisky, an act
4 to amend the Penal Law;
5 4798, by Senator Winner, an act to
6 amend the Real Property Tax Law;
7 4813, by Senator Nozzolio, an act
8 to amend the Energy Law;
9 4967A, by Senator Fuschillo, an act
10 to amend the Environmental Conservation Law;
11 5017, by Senator Hannon, an act to
12 amend the Public Health Law;
13 5250A, by Senator Winner, an act to
14 amend the General Municipal Law;
15 5427A, by Senator Marcellino, an
16 act to amend the Environmental Conservation
17 Law;
18 5494, by Senator O. Johnson, an act
19 to amend the Environmental Conservation Law;
20 5514, by Senator Bonacic, an act to
21 amend the Environmental Conservation Law;
22 5593, by Senator Flanagan, an act
23 to amend the Economic Development Law;
24 5890A, by the Senate Committee on
25 Rules, an act to amend the Tax Law;
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1 5917A, by Senator Saland, an act to
2 amend the Correction Law;
3 5931, by Senator Saland, an act to
4 amend Chapter 658 of the Laws of 2002;
5 5946, by Senator Winner, an act to
6 amend the Environmental Conservation Law;
7 5947, by Senator Bonacic, an act to
8 amend the Insurance Law;
9 6009B, by Senator Maltese, an act
10 to amend the Administrative Code of the City
11 of New York;
12 6030, by Senator Farley, an act in
13 relation to affecting;
14 6031A, by Senator Farley, an act in
15 relation to affecting;
16 6036, by Senator Hannon, an act to
17 amend Chapter 505 of the Laws of 1995;
18 6086, by Senator Trunzo, an act to
19 authorize;
20 6088, by Senator Marcellino, an act
21 to amend the Tax Law;
22 6092, by Senator Maltese, an act to
23 amend the Retirement and Social Security Law;
24 6098, by Senator Saland, an act to
25 amend the Environmental Conservation Law;
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1 6112A, by Senator Golden, an act to
2 amend the Retirement and Social Security Law;
3 6138, by Senator Morahan, an act to
4 amend Chapter 478 of the Laws of 2006;
5 6149, by Senator Bonacic, an act to
6 amend Chapter 109 of the Laws of 2006;
7 6157, by Senator DeFrancisco, an
8 act to provide;
9 6160A, by Senator Skelos, an act to
10 amend the Tax Law;
11 6162, by Senator Trunzo, an act to
12 amend the Legislative Law;
13 6174, by the Senate Committee on
14 Rules, an act to amend the Agriculture and
15 Markets Law;
16 6190, by Senator Wright, an act to
17 amend the Energy Law;
18 272, by Senator Alesi, an act to
19 amend the Social Services Law;
20 1288A, by Senator Golden, an act to
21 amend the Social Services Law;
22 2339A, by Senator Hannon, an act to
23 amend the Public Health Law;
24 2578A, by Senator C. Kruger, an act
25 to amend the Social Services Law;
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1 2881A, by Senator Griffo, an act to
2 amend the Alcoholic Beverage Control Law;
3 3761A, by Senator DeFrancisco, an
4 act to amend the Environmental Conservation
5 Law;
6 3994, by Senator Padavan, an act to
7 amend the Retirement and Social Security Law;
8 4045, by Senator Lanza, an act to
9 amend the Vehicle and Traffic Law;
10 4108, by Senator Morahan, an act to
11 amend the Executive Law;
12 4218, by Senator Leibell, an act to
13 amend the Executive Law;
14 4261A, by Senator Wright, an act to
15 amend Chapter 519 of the Laws of 1999;
16 4333A, by Senator Young, an act to
17 amend the Agriculture and Markets Law;
18 4415, by Senator O. Johnson, an act
19 to amend the Executive Law;
20 4422A, by Senator LaValle, an act
21 to amend the Tax Law;
22 4447, by Senator Morahan, an act to
23 amend the Retirement and Social Security Law;
24 4856, by Senator Nozzolio, an act
25 to amend the Highway Law;
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1 5059A, by Senator Morahan, an act
2 to amend the Public Service Law;
3 5108A, by Senator Little, an act
4 directing;
5 5123, by Senator Hannon, an act
6 authorizing;
7 5309, by Senator Marcellino, an act
8 to amend the Education Law;
9 5506, by Senator Flanagan, an act
10 to amend the Labor Law;
11 5774, by Senator Saland, an act to
12 amend the Education Law;
13 5964, by Senator Maziarz, an act
14 authorizing;
15 5996, by Senator Leibell, an act to
16 amend the Domestic Relations Law;
17 6023A, by Senator Padavan, an act
18 to amend the Private Housing Finance Law;
19 6032, by the Senate Committee on
20 Rules, an act making an appropriation;
21 6041, by Senator Hannon, an act to
22 amend Chapter 521 of the Laws of 1994;
23 6065, by Senator Seward, an act to
24 amend the Vehicle and Traffic Law;
25 6106A, by Senator Padavan, an act
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1 to amend the Administrative Code of the City
2 of New York;
3 6114, by Senator Golden, an act to
4 amend the Retirement and Social Security Law;
5 6150, by Senator Bonacic, an act to
6 amend the Executive Law;
7 6153, by Senator Bruno, an act
8 providing;
9 6179, by Senator Wright, an act to
10 amend the Public Authorities Law;
11 6200, by Senator LaValle, an act to
12 amend Chapter 434 of the Laws of 1999;
13 And Senate Print 6224, by the
14 Senate Committee on Rules, an act to amend the
15 Workers' Compensation Law.
16 All bills ordered direct to third
17 reading.
18 ACTING PRESIDENT STACHOWSKI:
19 Senator Skelos.
20 SENATOR SKELOS: Move to accept
21 the report of the Rules Committee.
22 ACTING PRESIDENT STACHOWSKI: All
23 in favor signify by saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT STACHOWSKI:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT STACHOWSKI: The
4 report is accepted.
5 Senator Skelos.
6 SENATOR SKELOS: Is there any
7 further business at the desk?
8 ACTING PRESIDENT STACHOWSKI: No
9 further business.
10 SENATOR SKELOS: There being
11 none, I move we stand adjourned until
12 Wednesday, June 20th, at 11:00 a.m.
13 ACTING PRESIDENT STACHOWSKI: On
14 motion, the Senate stands adjourned until
15 Wednesday, June 20th, at 11:00 a.m.
16 (Whereupon, at 7:37 p.m., the
17 Senate adjourned.)
18
19
20
21
22
23
24
25
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