Regular Session - July 16, 2007
5893
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 July 16, 2007
11 2:15 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR GEORGE D. MAZIARZ, Acting President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MAZIARZ: The
3 Senate will come to order.
4 And I ask that everyone present
5 please 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 MAZIARZ: The
10 invocation today will be given by the Reverend
11 Peter G. Young.
12 Father Young.
13 REVEREND YOUNG: Thank you,
14 Senator.
15 Let us pray.
16 As we look out the window today and
17 see Your beauty displayed for the crowds at
18 the plaza bathing in the sunshine, we would
19 enjoy that same time of relaxation, but state
20 responsibilities have called the Senate to
21 fulfill their oath of office.
22 Because of the dedication of our
23 Senators, we call You, O God, to bless them
24 with strength and good health so that they can
25 provide needed leadership to our New York
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1 State citizens.
2 May their legislative session today
3 promote continued progressive agendas that
4 will improve the quality of life for all of
5 our residents in New York State.
6 We ask You this now through God.
7 Amen.
8 ACTING PRESIDENT MAZIARZ: The
9 reading of the Journal.
10 THE SECRETARY: In Senate,
11 Sunday, July 15, the Senate met pursuant to
12 adjournment. The Journal of Saturday,
13 July 14, was read and approved. On motion,
14 Senate adjourned.
15 ACTING PRESIDENT MAZIARZ:
16 Without objection, the Journal stands approved
17 as read.
18 Presentation of petitions.
19 Messages from the Assembly.
20 Messages from the Governor.
21 Reports of standing committees.
22 Reports of select committees.
23 Communications and reports from
24 state officers.
25 Motions and resolutions.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: Mr.
3 President, on behalf of Senator Klein, I move
4 the following bill be discharged from its
5 respective committee and be recommitted with
6 instructions to strike the enacting clause:
7 Senate Print Number 3126B.
8 ACTING PRESIDENT MAZIARZ: So
9 ordered.
10 Senator Fuschillo.
11 SENATOR FUSCHILLO: Mr.
12 President, on behalf of Senator Young, I wish
13 to call up Senate Print Number 5676A, recalled
14 from the Assembly, which is now at the desk.
15 ACTING PRESIDENT MAZIARZ: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1672, by Senator Young, Senate Print 5676A, an
19 act to amend the Agriculture and Markets Law.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Fuschillo.
22 SENATOR FUSCHILLO: Mr.
23 President, I now move to reconsider the vote
24 by which the bill was passed.
25 ACTING PRESIDENT MAZIARZ: Call
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1 the roll on reconsideration.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 45.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is restored to its place on the Third
6 Reading Calendar.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Mr.
9 President, I now move to recommit the bill to
10 the Committee on Rules.
11 ACTING PRESIDENT MAZIARZ: So
12 ordered.
13 Senator Fuschillo.
14 SENATOR FUSCHILLO: On behalf of
15 Senator Winner, I move that the following bill
16 be discharged from its respective committee
17 and be recommitted with instructions to strike
18 the enacting clause: Senate Print Number
19 6375.
20 ACTING PRESIDENT MAZIARZ: So
21 ordered.
22 Senator Fuschillo.
23 SENATOR FUSCHILLO: On behalf of
24 Senator Golden, I wish to call up Senate Print
25 Number 1288A, recalled from the Assembly,
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1 which is now at the desk.
2 ACTING PRESIDENT MAZIARZ: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1835, by Senator Golden, Senate Print 1288A,
6 an act to amend the Social Services Law.
7 SENATOR FUSCHILLO: I now move to
8 reconsider the vote by which the bill was
9 passed and ask that the bill will be restored
10 to the order of third reading.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll on reconsideration.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 45.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is restored to its place on the Third
17 Reading Calendar.
18 SENATOR FUSCHILLO: I now offer
19 the following amendments.
20 ACTING PRESIDENT MAZIARZ: The
21 amendments are received.
22 SENATOR FUSCHILLO: Mr.
23 President, I now move to discharge, from the
24 Committee on Rules, Assembly Print Number
25 3300A and substitute it for the identical
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1 Senate bill.
2 ACTING PRESIDENT MAZIARZ:
3 Substitution ordered.
4 SENATOR FUSCHILLO: I now move
5 that the substituted Assembly bill have its
6 third reading at this time.
7 ACTING PRESIDENT MAZIARZ: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1835, substituted earlier by Member of the
11 Assembly Millman, Assembly Print Number 3300A,
12 an act to amend the Social Services Law and
13 the Public Authorities Law.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 45.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Mr.
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1 President, on behalf of Senator Robach, I wish
2 to call up Senate Print Number 6347, recalled
3 from the Assembly, which is now at the desk.
4 ACTING PRESIDENT MAZIARZ: The
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 2068, by Senator Robach, Senate Print 6347, an
8 act establishing the City of Rochester and the
9 Board of Education.
10 SENATOR FUSCHILLO: I now move to
11 reconsider the vote by which the bill was
12 passed and ask that the bill be restored to
13 the order of third reading.
14 ACTING PRESIDENT MAZIARZ: Call
15 the roll on reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 45.
18 ACTING PRESIDENT MAZIARZ: The
19 bill is restored to its place on the Third
20 Reading Calendar.
21 SENATOR FUSCHILLO: I now offer
22 the following amendments.
23 ACTING PRESIDENT MAZIARZ: The
24 amendments are received.
25 SENATOR FUSCHILLO: Mr.
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1 President, I now move to discharge, from the
2 Committee on Rules, Assembly Print Number 9227
3 and substitute it for the identical Senate
4 bill.
5 ACTING PRESIDENT MAZIARZ:
6 Substitution ordered.
7 SENATOR FUSCHILLO: I now move
8 that the substituted Assembly bill have its
9 third reading at this time.
10 ACTING PRESIDENT MAZIARZ: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 2068, substituted earlier by Member of the
14 Assembly Gantt, Assembly Print Number 9227, an
15 act establishing the City of Rochester and the
16 Board of Education.
17 ACTING PRESIDENT MAZIARZ: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 45.
25 ACTING PRESIDENT MAZIARZ: The
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1 bill is passed.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: Mr.
4 President, on behalf of Senator Wright, I wish
5 to call up Senate Print Number 4261A, recalled
6 from the Assembly, which is now at the desk.
7 ACTING PRESIDENT MAZIARZ: The
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1844, by Senator Wright, Senate Print 4261A,
11 an act to amend Chapter 519 of the Laws of
12 1999.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Fuschillo.
15 SENATOR FUSCHILLO: I now move to
16 reconsider the vote by which the bill was
17 passed and ask that the bill be restored to
18 the Third Reading Calendar.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll on reconsideration.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 45.
23 ACTING PRESIDENT MAZIARZ: The
24 bill is restored to its place on the Third
25 Reading Calendar.
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1 Senator Fuschillo.
2 SENATOR FUSCHILLO: I now move to
3 discharge, from the Committee on Rules,
4 Assembly Print Number 7823A and substitute it
5 for the identical Senate bill.
6 ACTING PRESIDENT MAZIARZ:
7 Substitution ordered.
8 SENATOR FUSCHILLO: The Senate
9 bill on first passage was voted unanimously.
10 I now move that the substituted Assembly bill
11 have its third reading at this time.
12 ACTING PRESIDENT MAZIARZ: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1844, substituted earlier by Member of the
16 Assembly Schimminger, Assembly Print Number
17 7823A, an act to amend Chapter 519 of the Laws
18 of 1999 amending the Alcoholic Beverage
19 Control Law.
20 ACTING PRESIDENT MAZIARZ: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MAZIARZ: Call
25 the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 45.
3 ACTING PRESIDENT MAZIARZ: The
4 bill is passed.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 there will be an immediate meeting of the
8 Finance Committee in the Majority Conference
9 Room.
10 The Senate will stand at ease.
11 ACTING PRESIDENT MAZIARZ: There
12 will be an immediate meeting of the Senate
13 Finance Committee in the Majority Conference
14 Room.
15 The Senate will stand at ease.
16 (Whereupon, the Senate stood at
17 ease at 2:21 p.m.)
18 (Whereupon, the Senate reconvened
19 at 2:36 p.m.)
20 ACTING PRESIDENT SEWARD: Senator
21 Skelos.
22 SENATOR SKELOS: Mr. President,
23 if we could return to the order of motions and
24 resolutions.
25 With the consent of the Minority,
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1 Senator Little has a resolution, 3141. If we
2 could have it read at this time, just the
3 title.
4 ACTING PRESIDENT SEWARD: The
5 Secretary will read.
6 THE SECRETARY: By Senator
7 Little, Legislative Resolution Number 3141,
8 congratulating Dr. Dan O'Keeffe upon the
9 occasion of capturing a gold medal in tennis
10 doubles at the 2007 National Senior Olympics.
11 ACTING PRESIDENT SEWARD: Senator
12 Little.
13 SENATOR LITTLE: Thank you,
14 Mr. President.
15 Frequently we are joined in the
16 gallery by some great athletes. We've had
17 teams who have won state championships, we
18 have had college teams that have won NCAA
19 championships, and we've all been very proud
20 of them.
21 But I'm very proud today to have a
22 constituent and friend here today with us,
23 Dr. Dan O'Keeffe.
24 Dr. O'Keeffe, originally from North
25 Creek, in Warren County, practiced medicine --
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1 OB/GYN -- in Glens Falls for a number of
2 years. And upon retirement -- actually,
3 before he retired, he took up tennis and has
4 been quite the tennis player.
5 For 16 years, Dr. Dan O'Keeffe
6 would travel to Texas with the Australian
7 great, Roy Emerson, and he spearheaded many
8 tennis tournaments in Glens Falls that were
9 held at the Glens Falls Tennis and Swim Club.
10 But recently Dr. Dan O'Keeffe has
11 participated in the National Senior Olympics.
12 Last year he won the New York State Senior
13 Olympic Title, and that qualified him to
14 attend the National Olympics that were held
15 this year, on July 3rd, in Louisville,
16 Kentucky.
17 Dr. Dan and his partner, Ed Gall,
18 defeated a team from Kentucky in the
19 semifinals and a team from Texas in the
20 finals, winning in 6-3, 6-4.
21 But what's even more important than
22 winning the gold medal -- although that is
23 very important -- is that we have a person
24 whose character and abilities and achievements
25 have really been recognized at this level.
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1 And I also would add that he won in
2 the 85-to-90-year-old class, which I think is
3 pretty spectacular.
4 He serves as a wonderful example
5 for seniors and for all people in New York
6 State that when we retire, an active life,
7 with a little competition thrown in for spice,
8 can really serve us well and help us to be
9 better people, better citizens, and certainly
10 have a better quality of life.
11 So it's with a great deal of pride
12 that I recognize Dr. O'Keeffe today, who's
13 here with a friend, with his daughter-in-law
14 and with his grandson, who is following in his
15 grandfather's footsteps, in that he's going to
16 participate in the Iron Man competition this
17 weekend.
18 But we're all very proud of Dr. Dan
19 and the wonderful example that he sets. He's
20 been a great community member, a great
21 professional person, having been down here for
22 many years with the New York State Medical
23 Society, but here today to be honored for this
24 achievement.
25 And I would ask you all to join me
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1 in recognizing Dr. Dan O'Keeffe, the winner of
2 the 2007 National Senior Olympics gold medal
3 for the 85-to-90-year class.
4 Thank you.
5 ACTING PRESIDENT SEWARD: Thank
6 you.
7 Senator Farley.
8 SENATOR FARLEY: Thank you,
9 Mr. President.
10 I also rise to salute Dr. O'Keeffe,
11 who comes from one of the most remarkable
12 Irish families. They're full of doctors, to
13 say the least. They are a remarkable family,
14 having come from North Creek. I was just
15 north of there, in Indian Lake, when I was
16 growing up. And I've read his book -- he's
17 also an author -- talking about a little bit
18 of heaven and so forth, right near -- I've
19 read the book.
20 He was a skier and an athlete even
21 as a young man. And I've seen him in his book
22 with pictures of a lot of young ladies and so
23 forth. So he had a lot of attributes that
24 were not only athletic but social.
25 Dr. O'Keeffe is a remarkable man
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1 and comes from a remarkable family. And I
2 believe he was president of the New York State
3 Medical Society and has represented the
4 medical profession in Glens Falls and that
5 area in an outstanding way.
6 I also hear from him quite
7 frequently, as he spends his winters in
8 Sarasota, Florida.
9 And, Dr. O'Keeffe, we're so proud
10 of you. I just can't believe that at your
11 young age you're participating in the Olympics
12 and winning gold medals and so forth. You
13 O'Keeffes never cease to amaze. And it's
14 remarkable what you can accomplish.
15 And we're very, very proud of you,
16 and I'm very pleased to rise in support of
17 Senator Little's resolution. Congratulations
18 and best wishes to you and your remarkable
19 family.
20 ACTING PRESIDENT SEWARD: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT SEWARD:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT SEWARD: The
3 resolution is adopted.
4 And on behalf of Senator Little and
5 all members of the State Senate, I'm delighted
6 to congratulate Dr. O'Keeffe on this very
7 important honor.
8 (Applause.)
9 ACTING PRESIDENT SEWARD: Senator
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 there will be an immediate meeting of the
13 Rules Committee in the Majority Conference
14 Room.
15 And if we could stand at ease.
16 ACTING PRESIDENT SEWARD: There
17 will be an immediate meeting of the Rules
18 Committee in the Majority Conference Room,
19 Room 332.
20 And the Senate stands at ease.
21 (Whereupon, the Senate stood at
22 ease at 2:43 p.m.)
23 (Whereupon, the Senate reconvened
24 at 3:05 p.m.)
25 ACTING PRESIDENT WRIGHT: Senator
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1 Skelos.
2 SENATOR SKELOS: Mr. President,
3 if we could return to reports of standing
4 committees and take up the Finance Committee
5 report at this time.
6 ACTING PRESIDENT WRIGHT: Reports
7 of standing committees.
8 The Secretary will read.
9 THE SECRETARY: Senator O.
10 Johnson, from the Committee on Finance,
11 reports the following nominations.
12 As a member of the New York State
13 Olympic Regional Development Authority, Joseph
14 J. Martens, of Glenmont.
15 As a banking member of the State
16 Banking Board, Robert M. Fisher, of Owego.
17 As a member of the Palisades
18 Interstate Park Commission, Howard G. Seitz,
19 of Rye.
20 As members of the Advisory Council
21 on Alcoholism and Substance Abuse Services,
22 Frederick K. Reich, of Albany, and John
23 Tavolacci, of East Williston.
24 As members of the Advisory Council
25 to the Commission on Quality of Care and
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1 Advocacy for Persons With Disabilities, Mary
2 Hope Derby, of Geneseo; Loretta Goff, of
3 Westbury; and Richard P. Johnson, of
4 Schenectady.
5 As a member of the Council on Human
6 Blood and Transfusion Services, Kathleen M.
7 Grima, M.D., of Rye.
8 As a member of the Mental Health
9 Services Council, John Kastan, Ph.D., of
10 New York City.
11 As a member of the Board of
12 Visitors of the New York State Home for
13 Veterans and Their Dependents at Batavia,
14 Barbara M. Green, of East Rochester.
15 As a member of the Board of
16 Visitors of the Bronx Psychiatric Center,
17 Yvonne E. Chappell, of the Bronx.
18 And as a member of the Western
19 New York Children's Psychiatric Center, Thomas
20 M. Dubay, of Springville.
21 ACTING PRESIDENT WRIGHT: Senator
22 Johnson.
23 SENATOR OWEN JOHNSON: Move the
24 nominations.
25 ACTING PRESIDENT WRIGHT: The
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1 question is on the nominees as read by the
2 Secretary. All in favor signify by saying
3 aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT WRIGHT:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT WRIGHT: The
9 nominees are hereby confirmed.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could now go to the Rules report and
13 have it read at this time.
14 ACTING PRESIDENT WRIGHT: The
15 Secretary will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills.
19 Senate bills restored:
20 Senate Print 2887, by Senator
21 Maziarz, an act to amend the Labor Law;
22 4025A, by Senator DeFrancisco, an
23 act to amend the Family Court Act;
24 5506A, by Senator Flanagan, an act
25 to amend the Labor Law;
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1 6378, by Senator Alesi, an act in
2 relation to redistributing;
3 6384, by Senator Golden, an act to
4 amend the Real Property Tax Law;
5 And Senate Print 6386, by Senator
6 Padavan, an act to amend the General City Law.
7 Senate bills reported:
8 Senate Print 5430A, by Senator
9 Maziarz, an act to amend the General Municipal
10 Law;
11 5735A, by Senator C. Johnson, an
12 act in relation to authorizing;
13 6095A, by Senator Maltese, an act
14 to amend the Election Law;
15 6393, by Senator Padavan, an act to
16 amend the Public Authorities Law;
17 6400, by the Senate Committee on
18 Rules, an act to amend the Real Property Tax
19 Law;
20 6406, by Senator Skelos, an act to
21 amend the Executive Law;
22 6414, by Senator Golden, an act to
23 amend the Penal Law;
24 6417, by Senator Bruno, an act to
25 amend the Real Property Tax Law;
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1 6420, by the Senate Committee on
2 Rules, an act to authorize the City of
3 New York;
4 6422, by Senator Nozzolio, an act
5 to amend the Correction Law;
6 And Senate Print 6423, by Senator
7 Nozzolio, an act to amend the Correction Law.
8 All bills ordered direct to third
9 reading.
10 SENATOR SKELOS: Mr. President.
11 ACTING PRESIDENT WRIGHT: Senator
12 Skelos.
13 SENATOR SKELOS: Move to accept
14 the report of the Rules Committee.
15 ACTING PRESIDENT WRIGHT: All in
16 favor signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT WRIGHT:
19 Opposed, nay.
20 (Response of "Nay.")
21 ACTING PRESIDENT WRIGHT: The
22 report is accepted.
23 SENATOR SKELOS: Mr. President,
24 would you please recognize Senator Dilan.
25 ACTING PRESIDENT WRIGHT: Senator
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1 Dilan.
2 SENATOR DILAN: Mr. President, at
3 this time we'd like to call for a Minority
4 conference in Room 315.
5 ACTING PRESIDENT WRIGHT: There
6 will be an immediate meeting of the Minority
7 conference in Room 315.
8 SENATOR SKELOS: And if we could
9 stand at ease.
10 ACTING PRESIDENT WRIGHT: The
11 Senate will stand at ease.
12 (Whereupon, the Senate stood at
13 ease at 3:10 p.m.)
14 (Whereupon, the Senate reconvened
15 at 3:48 p.m.)
16 ACTING PRESIDENT WRIGHT: Senator
17 Skelos.
18 SENATOR SKELOS: Mr. President,
19 if we could now take up Senate Calendar Number
20 66, noncontroversial.
21 ACTING PRESIDENT WRIGHT: The
22 Secretary will read.
23 THE SECRETARY: In relation to
24 Calendar Number 180, Senator Maziarz moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 6209 and substitute it
2 for the identical Senate Bill Number 2887,
3 Third Reading Calendar 180.
4 ACTING PRESIDENT WRIGHT:
5 Substitution ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 180, by Member of the Assembly John, Assembly
9 Print Number 6209, an act to amend the Labor
10 Law.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WRIGHT: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 59.
19 ACTING PRESIDENT WRIGHT: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 498, Senator DeFrancisco moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 6847B and substitute it
25 for the identical Senate Bill Number 4025A,
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1 Third Reading Calendar 498.
2 ACTING PRESIDENT WRIGHT: The
3 substitution is ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 498, by Member of the Assembly Weinstein,
7 Assembly Print Number 6847B, an act to amend
8 the Family Court Act.
9 ACTING PRESIDENT WRIGHT: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WRIGHT: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 59.
17 ACTING PRESIDENT WRIGHT: The
18 bill is passed.
19 THE SECRETARY: In relation to
20 Calendar Number 1854, Senator Flanagan moves
21 to discharge, from the Committee on Rules,
22 Assembly Bill Number 8582A and substitute it
23 for the identical Senate Bill Number 5506A,
24 Third Reading Calendar 1854.
25 ACTING PRESIDENT WRIGHT: The
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1 substitution is so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1854, by Member of the Assembly Alessi,
5 Assembly Print Number 8582A, an act to amend
6 the Labor Law and the General Municipal Law.
7 ACTING PRESIDENT WRIGHT: Read
8 the last section.
9 THE SECRETARY: Section 11. This
10 act shall take effect on the 90th day.
11 ACTING PRESIDENT WRIGHT: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 59.
15 ACTING PRESIDENT WRIGHT: The
16 bill is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 2072, Senator Alesi moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 7334A and substitute it
21 for the identical Senate Bill Number 6378,
22 Third Reading Calendar 2072.
23 ACTING PRESIDENT WRIGHT:
24 Substitution ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 2072, by Member of the Assembly Hoyt, Assembly
3 Print Number 7334A, an act in relation to
4 redistributing 2006 bond volume allocations.
5 ACTING PRESIDENT WRIGHT: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT WRIGHT: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 60.
13 ACTING PRESIDENT WRIGHT: The
14 bill is passed.
15 THE SECRETARY: In relation to
16 Calendar Number 2116, Senator Golden moves to
17 discharge, from the Committee on Rules,
18 Assembly Bill Number 9293 and substitute it
19 for the identical Senate Bill Number 6384,
20 Third Reading Calendar 2116.
21 ACTING PRESIDENT WRIGHT: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2116, by Member of the Assembly V. Lopez,
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1 Assembly --
2 SENATOR DUANE: Lay it aside,
3 please.
4 ACTING PRESIDENT WRIGHT: The
5 bill is laid aside.
6 THE SECRETARY: In relation to
7 Calendar Number 2117, Senator Padavan moves to
8 discharge, from the Committee on Rules,
9 Assembly Bill Number 9304 and substitute it
10 for the identical Senate Bill Number 6386,
11 Third Reading Calendar 2117.
12 ACTING PRESIDENT WRIGHT: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2117, by Member of the Assembly Nolan,
17 Assembly Print Number 9304, an act to amend
18 the General City Law.
19 ACTING PRESIDENT WRIGHT: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the same date and in
23 the same manner as a chapter of the Laws of
24 2007.
25 ACTING PRESIDENT WRIGHT: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT WRIGHT: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2121, by Senator Maziarz, Senate Print 5430A,
8 an act to amend the General Municipal Law.
9 ACTING PRESIDENT WRIGHT: Read
10 the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WRIGHT: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT WRIGHT: Senator
17 Krueger, to explain her vote.
18 SENATOR LIZ KRUEGER: Thank you,
19 Mr. President.
20 Well, when we were last here a few
21 weeks ago we had a long debate about whether
22 or not we were reforming IDAs, whether we were
23 extending the bill, how long. And we didn't
24 resolve the bigger question of the need to
25 reform IDAs.
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1 So I would argue that we shouldn't
2 be doing piecemeal new insertions into a bad
3 need-to-be-reformed IDA law. And this
4 concerns me particularly because it talks
5 about "residential facility" in the memo, but
6 then when you read the bill you learn that
7 you're talking about condominiums that an IDA
8 would be allowed to make tax-exempt and
9 authorized bonds for. And in fact, these
10 could be luxury housing.
11 And so I think that financing
12 housing developments, exempting them from
13 taxes and offering bonds is not something that
14 IDAs were intended for; it's what housing
15 agencies were intended for.
16 So I think this is a mistake as a
17 model and a mistake for us to continue to
18 fiddle with the IDA law without actually
19 reforming the IDA law. So I vote no.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: Senator
22 L. Krueger will be recorded in the negative.
23 Senator Schneiderman, to explain
24 his vote.
25 SENATOR ONORATO: What bill are
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1 we on?
2 ACTING PRESIDENT WRIGHT: Bill
3 Number 2121 -- excuse me, on the calendar --
4 5430A, the bill number. Senator Maziarz is
5 the sponsor.
6 Announce the results.
7 Senator Oppenheimer.
8 SENATOR OPPENHEIMER: Can we just
9 have one moment, please. We seem to have a
10 confusion.
11 ACTING PRESIDENT WRIGHT: Senator
12 Duane.
13 SENATOR DUANE: Thank you,
14 Mr. President.
15 I just want to remind my
16 colleagues, particularly on this side of the
17 aisle, that the calendar that we're following
18 is the Number 66 calendar. If you like to use
19 the scorecard, this would be the one to use,
20 to follow. Unless things go out of order,
21 which may always happen. But things seem to
22 be going in order, so this would be the
23 official scorecard of the New York State
24 Senate and the New York Mets.
25 Thank you, Mr. President.
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1 ACTING PRESIDENT WRIGHT: Thank
2 you, Senator Duane.
3 Announce the results.
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 2121 are
6 Senators Adams, Duane, Gonzalez,
7 Hassell-Thompson, L. Krueger, Montgomery,
8 Onorato, Oppenheimer, Perkins, Schneiderman,
9 Serrano, Stavisky and Stewart-Cousins.
10 Ayes, 47. Nays, 13.
11 ACTING PRESIDENT WRIGHT: The
12 bill is passed.
13 THE SECRETARY: In relation to
14 Calendar Number 2122, Senator C. Johnson moves
15 to discharge, from the Committee on Rules,
16 Assembly Bill Number 8462A and substitute it
17 for the identical Senate Bill Number 5735A,
18 Third Reading Calendar 2122.
19 ACTING PRESIDENT WRIGHT: The
20 substitution so ordered.
21 There is a home-rule message at the
22 desk.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 2122, by Member of the Assembly Schimel,
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1 Assembly Print Number 8462A, an act in
2 relation to authorizing.
3 ACTING PRESIDENT WRIGHT: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT WRIGHT: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT WRIGHT: The
12 bill is passed.
13 (Applause.)
14 ACTING PRESIDENT WRIGHT:
15 Congratulations, Senator.
16 The Secretary will read.
17 THE SECRETARY: In relation to
18 Calendar Number 2123, Senator Maltese moves to
19 discharge, from the Committee on Rules,
20 Assembly Bill Number 6997A and substitute it
21 for the identical Senate Bill Number 6095A,
22 Third Reading Calendar 2123.
23 ACTING PRESIDENT WRIGHT:
24 Substitution ordered.
25 The Secretary will read.
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1 THE SECRETARY: Calendar Number
2 2123, by Member of the Assembly V. Lopez,
3 Assembly Print Number 6997A, an act to amend
4 the Election Law.
5 ACTING PRESIDENT WRIGHT: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 30th day.
9 ACTING PRESIDENT WRIGHT: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59. Nays,
13 1. Senator Saland recorded in the negative.
14 ACTING PRESIDENT WRIGHT: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 2124, by Senator Padavan, Senate Print 6393,
18 an act to amend the Public Authorities Law.
19 SENATOR DUANE: Lay it aside,
20 please.
21 ACTING PRESIDENT WRIGHT: The
22 bill is laid aside.
23 THE SECRETARY: In relation to
24 Calendar Number 2125, Senator Bruno moves to
25 discharge, from the Committee on Rules,
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1 Assembly Bill Number 9305 and substitute it
2 for the identical Senate Bill Number 6400,
3 Third Reading Calendar 2125.
4 ACTING PRESIDENT WRIGHT: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 2125, by Member of the Assembly V. Lopez,
9 Assembly Print Number 9305, an act to amend
10 the Real Property Tax Law.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the same date and in
15 the same manner as a chapter of the Laws of
16 2007.
17 ACTING PRESIDENT WRIGHT: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 58. Nays,
21 2. Senators L. Krueger and Montgomery
22 recorded in the negative.
23 ACTING PRESIDENT WRIGHT: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 2126, by Senator Skelos, Senate Print 6406, an
2 act to amend the Executive Law.
3 SENATOR DUANE: Lay it aside,
4 please.
5 ACTING PRESIDENT WRIGHT: The
6 bill is laid aside.
7 THE SECRETARY: Calendar Number
8 2127, by Senator Golden, Senate Print 6414, an
9 act to amend the Penal Law and the Criminal
10 Procedure Law.
11 ACTING PRESIDENT WRIGHT: Read
12 the last section.
13 THE SECRETARY: Section 6. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WRIGHT: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT WRIGHT: Senator
19 Schneiderman, to explain his vote.
20 SENATOR SCHNEIDERMAN: Yes,
21 ladies and gentlemen, I just want to make it
22 clear that this is another death penalty bill.
23 My colleagues largely on this side of the
24 aisle have voted against it in the past.
25 And for all of the same reasons
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1 that we have voted against it in the past, we
2 are voting against it today.
3 Thank you.
4 ACTING PRESIDENT WRIGHT: Senator
5 Diaz.
6 SENATOR DIAZ: Yeah,
7 Mr. President, I just want to explain my vote.
8 And I'm voting against this bill
9 because I don't believe in the death penalty.
10 I believe that all life is sacred in all
11 stages, from conception to the end. So
12 therefore, I cannot support any bill that
13 takes away life. Life should be protected,
14 again at all stages.
15 So I'm voting against this bill.
16 ACTING PRESIDENT WRIGHT: Senator
17 Diaz will be recorded in the negative.
18 Senator Golden, to explain his
19 vote.
20 SENATOR GOLDEN: Thank you,
21 Mr. President.
22 I rise today and had hoped that
23 more of my colleagues would be voting for this
24 bill today, especially when we see the number
25 of police officers that have been killed.
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1 There are an average of 165 police officers
2 killed in this country annually, and a number
3 of over 500 are gunned down, shot here in this
4 nation. And here we see, here in this city,
5 five killed in this past year, 10 since
6 November 5th of 2005.
7 We need to be able to give the
8 police department and to give this state the
9 tools it needs to stop the killing of officers
10 and state troopers here in the State of
11 New York. We've seen time after time -- in
12 Trooper Sperr, in their testimony, where the
13 testimony went back and forth and said: Hey,
14 you do a little time or a lot of time. They
15 can't kill you; there's no death penalty. And
16 then they went and killed Trooper Sperr.
17 And we see the same thing of
18 recent -- this past week, for three
19 individuals gunned down, two New York City
20 police officers, killing one of them. They
21 had nothing to lose. They were going back to
22 jail. Nothing to face, nothing to worry
23 about. The only way that they thought that
24 they would get away was by killing that
25 officer, because they knew that they wouldn't
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1 get a death penalty, that they would go to
2 jail. Maybe a little time, maybe a lot of
3 time.
4 But those murders of those police
5 officers and those state troopers across this
6 state will continue unless we give them a
7 death penalty so that those individuals that
8 commit those crimes understand that they will
9 pay for their actions.
10 I can only pray that somewhere in
11 the near future that the State of New York
12 does recognize the importance of that
13 legislation and does give the tools and we
14 don't see a David Brinkerhoff, a Thomas
15 Lindsey, a Joseph Corr, an Anthony Longobardo,
16 an Anthony Sperr, a Eugene Marshalik, a
17 Nicholas Pekearo, a Daniel Enchautegui, and a
18 Dillon Stewart, all killed in the past two
19 years. How many more lives, how many more
20 mothers, fathers, how many more funerals do we
21 have to go to?
22 I hope that my colleagues in this
23 conference and in this State Senate will see
24 the value in voting this bill, and so does the
25 Assembly and the Governor, signing a piece of
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1 legislation that gives the tools to the State
2 of New York to stop this open season on police
3 officers. Thirty-nine killed across this
4 nation so far this year by gunshot.
5 Thank you, Mr. President. I vote
6 yes.
7 ACTING PRESIDENT WRIGHT: Senator
8 Golden will be recorded in the affirmative.
9 Senator Volker, to explain his
10 vote.
11 SENATOR VOLKER: Mr. President,
12 very quickly, I just want to say that what a
13 tragedy it is that officer Russel Timoshenko
14 was shot twice in the head.
15 Fortunately, Officer Herman Yan
16 took a bullet in the arm and in the chest with
17 a vest; otherwise, he would have been the
18 other one murdered at the same time.
19 But I have to make a comment on a
20 newspaper -- and I would really like Fred
21 Dicker to have a talk with whoever the
22 numbnuts are, if you'll excuse me, from the
23 New York Post. Their editorial says: "In
24 recent years, Albany has rolled back the tough
25 Rockefeller Drug Laws" -- well, we've rolled
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1 them back somewhat. And then it says, "The
2 court essentially threw out the death penalty,
3 which was supposedly restored in the
4 mid-90s" -- it wasn't supposedly, it was --
5 "on technical grounds, and the lawmakers have
6 seen no reason to fix it."
7 Well, I have a message for those
8 people. Where have they been? This is the
9 fourth time this year -- third time
10 technically, fourth time that we've passed a
11 bill -- that changes that provision. It's a
12 little deadlock provision. And what
13 infuriates me is there's little question it
14 was a way that some Court of Appeals judges
15 didn't have the guts to stand up and allow the
16 death penalty to move forward.
17 This bill does that. The Assembly,
18 I am convinced, will eventually do this bill.
19 And they should. All the nonsense aside, all
20 the stuff about, well, we don't know whether
21 it deters. Of course it deters. It always
22 has. The issue is do we have the courage to
23 stand up and enact it.
24 I read some of the stuff that was
25 in the New Yorkers Against the Death Penalty.
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1 Years ago, by the way, my staff went after
2 some of the stuff, and we got some really
3 funny information, that it costs. That's
4 nonsense. Of course it doesn't cost more. So
5 much of the nonsense that's on -- the
6 New Jersey Commission on the Death Penalty,
7 that's just because New Jersey has gotten
8 liberal. The murder rate went down, and they
9 don't want to do any executions because
10 they're afraid. Jeb Bush lost his nerve in
11 Florida; fine.
12 But cops are still getting killed.
13 They're getting killed in this state and
14 they're getting killed in some other states.
15 But right now we are responsible for this
16 state. I don't want to see any more police
17 officers gunned down in these kinds of
18 situations. That's why I'm voting aye.
19 And I'm hoping that everyone in
20 this chamber understands that this will become
21 law before this year is out, because I don't
22 believe the Assembly is going to allow this
23 carnage to continue.
24 ACTING PRESIDENT WRIGHT: Senator
25 Volker will be recorded in the affirmative.
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1 Announce the results.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 2127 are
4 Senators Adams, Breslin, Connor, Diaz, Dilan,
5 Duane, Gonzalez, Hassell-Thompson, Huntley,
6 L. Krueger, Montgomery, Oppenheimer, Parker,
7 Perkins, Sabini, Sampson, Savino,
8 Schneiderman, Serrano, Smith, Stavisky,
9 Stewart-Cousins, Thompson and Valesky.
10 Ayes, 36. Nays, 24.
11 ACTING PRESIDENT WRIGHT: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2128, by Senator Bruno, Senate Print 6417, an
15 act to amend the Real Property Tax Law and the
16 Tax Law.
17 ACTING PRESIDENT WRIGHT: Read
18 the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT WRIGHT: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 2128 are
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1 Senators Adams, Duane, Huntley, L. Krueger,
2 Parker, Perkins, Sabini and Schneiderman.
3 Ayes, 52. Nays, 8.
4 ACTING PRESIDENT WRIGHT: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2129, by the Senate Committee on Rules, Senate
8 Print 6420, an act to authorize the City of
9 New York.
10 ACTING PRESIDENT WRIGHT: Read
11 the last section.
12 SENATOR SKELOS: Lay it aside,
13 please.
14 ACTING PRESIDENT WRIGHT: The
15 bill is laid aside.
16 Senator Skelos, that completes the
17 reading of the noncontroversial calendar.
18 SENATOR SKELOS: Thank you,
19 Mr. President. If we could go to the
20 controversial reading at this time.
21 ACTING PRESIDENT WRIGHT: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 2116, substituted earlier today by Member of
25 the Assembly V. Lopez, Assembly Print Number
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1 9293, an act to amend the Real Property Tax
2 Law.
3 SENATOR DUANE: Explanation.
4 ACTING PRESIDENT WRIGHT: Senator
5 Golden, Senator Duane has requested an
6 explanation.
7 SENATOR GOLDEN: Thank you,
8 Mr. President.
9 This does some technical
10 corrections as well as changes some language.
11 It fixes a wrong reference in the definition
12 of "affordable units" as well as referring to
13 how long the units must remain affordable,
14 moving up from 30 years to 40 years.
15 It also creates a new requirement
16 for units built with substantial government
17 assistance. It defines that 20 percent on
18 initial and subsequent rental be available to
19 individuals with 80 percent of the median area
20 income, which is about $56,000 for a family of
21 four. And it's 50 percent of the units which
22 qualify for benefits must be available to
23 individuals at 60 percent of the area median
24 income, which is about $42,000 AMI.
25 And that the floor area should be
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1 20 percent of the total area, the dwellings,
2 so they can't diminish the size of the
3 affordable units, that the affordable units
4 have to be at least 20 percent in size.
5 It also corrects technical issues
6 and assures that residents on the community
7 board have access to the development on
8 initial occupancy. It does some corrections
9 in spelling.
10 It deals with the Atlantic Yards in
11 correcting some 2500 -- spells out 2500. It
12 corrects a reference in a paragraph to
13 paragraph of subdivision and allows for the
14 averaging of incomes of individuals and
15 families to occupy their premises at a time of
16 initial occupancy, at 70 percent from
17 60 percent of the area median income. And it
18 adds a correction for Silvercup, which was a
19 preexisting deal that was made with the City
20 of New York.
21 It makes the units more flexible
22 and the Ratner deal more diversified. It also
23 underlines the economic conditions of the
24 project and allows this project to go forward
25 by averaging those units at 70 percent.
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1 ACTING PRESIDENT WRIGHT: Thank
2 you, Senator Golden.
3 I would remind the members that we
4 are in the controversial reading of the
5 calendar and direct that the bells be rung.
6 Senator Duane.
7 SENATOR DUANE: Thank you,
8 Mr. President. If the sponsor would yield,
9 please.
10 ACTING PRESIDENT WRIGHT: Senator
11 Golden, would you yield to a question?
12 SENATOR GOLDEN: I do.
13 ACTING PRESIDENT WRIGHT: Senator
14 Golden yields.
15 Senator Duane.
16 SENATOR DUANE: Thank you,
17 Mr. President.
18 In this amendment, what is the
19 process by which the exclusionary areas could
20 be compressed -- you know, retracted, made
21 less?
22 SENATOR GOLDEN: Mr. President,
23 there is no discussion in this correction on
24 exclusionary zones.
25 ACTING PRESIDENT WRIGHT: Senator
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1 Duane.
2 SENATOR DUANE: Thank you.
3 Through you, Mr. President, if the sponsor
4 would continue to yield.
5 ACTING PRESIDENT WRIGHT: Senator
6 Golden, will you continue to yield?
7 SENATOR GOLDEN: I do indeed.
8 ACTING PRESIDENT WRIGHT: Senator
9 Duane.
10 SENATOR DUANE: Is there even a
11 process by which the exclusionary zones could
12 be expanded in this bill?
13 SENATOR GOLDEN: This,
14 Mr. President, would be up to the City of
15 New York.
16 The only area that I -- the
17 Silvercup issue was in the exclusionary zone.
18 It was removed from the exclusionary zone.
19 That's the only area that I know of where the
20 exclusionary zone has played a role here in
21 this legislation.
22 ACTING PRESIDENT WRIGHT: Thank
23 you, Senator Golden.
24 I would remind the members that we
25 are in the midst of a debate and ask that the
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1 conversations be taken outside the chambers.
2 Senator Duane.
3 SENATOR DUANE: Through you,
4 Mr. President, if the sponsor would continue
5 to yield.
6 ACTING PRESIDENT WRIGHT: Will
7 the sponsor continue to yield?
8 SENATOR GOLDEN: I do,
9 Mr. President.
10 ACTING PRESIDENT WRIGHT: Senator
11 Golden will.
12 Senator Duane.
13 SENATOR DUANE: So there is a
14 process by which the exclusionary zones could
15 be expanded but not retracted, shrunk,
16 diminished?
17 ACTING PRESIDENT WRIGHT: Senator
18 Golden.
19 SENATOR GOLDEN: Mr. President,
20 this is technical corrections. That is not in
21 this technical correction. That is in the
22 original bill. I'd rather we discussed what's
23 in these chapter amendments. That's already
24 been discussed, that bill. It's been passed.
25 And these are technical corrections and some
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1 language changes to that bill.
2 ACTING PRESIDENT WRIGHT: Senator
3 Duane.
4 SENATOR DUANE: Through you,
5 Mr. President, I just -- I'd like to make
6 clear that we are on 2116. Is that correct,
7 Mr. President?
8 ACTING PRESIDENT WRIGHT: That is
9 correct.
10 SENATOR DUANE: Thank you,
11 Mr. President. And through you, if the
12 sponsor would continue to yield.
13 ACTING PRESIDENT WRIGHT: Senator
14 Golden, will you continue to yield?
15 SENATOR GOLDEN: I do indeed,
16 Mr. President.
17 ACTING PRESIDENT WRIGHT: Senator
18 Duane.
19 SENATOR DUANE: In the Atlantic
20 Yards area of this, what is the impact of the
21 affordable housing, the location and the
22 actual income requirements for the affordable
23 housing?
24 SENATOR GOLDEN: It goes to --
25 the project at the Atlantic Yards, this allows
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1 for more units to be diversified and more
2 flexible, for allowing for more affordable
3 units in the present structure that we have
4 here in the correction. There will be the
5 same number of units -- 20 percent of the
6 units will be low-income units at that site.
7 ACTING PRESIDENT WRIGHT: Senator
8 Duane.
9 SENATOR DUANE: Through you,
10 Mr. President, if the sponsor would continue
11 to yield.
12 ACTING PRESIDENT WRIGHT: Senator
13 Golden, will you continue to yield?
14 SENATOR GOLDEN: I do indeed,
15 Mr. President.
16 ACTING PRESIDENT WRIGHT: Senator
17 Duane.
18 SENATOR DUANE: Under the bill
19 that we passed previously, 20 percent of the
20 units had to be affordable, and in each
21 building.
22 And in this bill, 20 percent of the
23 units need to be affordable, but they don't
24 have to be in the buildings -- each building
25 20 percent affordable, they could be all put
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1 together in one building just anywhere on the
2 site. Is that correct?
3 SENATOR GOLDEN: That is correct,
4 Mr. President. This is a process that was
5 started long before we got involved with the
6 legislation this past three weeks ago and of
7 course in this correction here today.
8 ACTING PRESIDENT WRIGHT: Senator
9 Duane.
10 SENATOR DUANE: Thank you,
11 Mr. President.
12 ACTING PRESIDENT WRIGHT: Thank
13 you, Senator.
14 Senator Liz Krueger.
15 SENATOR LIZ KRUEGER: Thank you.
16 If the sponsor would please yield.
17 ACTING PRESIDENT WRIGHT: Does
18 the sponsor yield?
19 SENATOR GOLDEN: I do indeed,
20 sir.
21 ACTING PRESIDENT WRIGHT: The
22 sponsor yields.
23 Senator Krueger.
24 SENATOR LIZ KRUEGER: So in
25 follow-up to my colleague Senator Duane's
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1 questions around Section 6, paragraph 13 of
2 your bill -- and as you stated, it involves
3 the Atlantic Yards development project and
4 special rules for that project -- what is the
5 estimated new cost in lost tax revenue from
6 paragraph 13 of Section 6 in this bill?
7 SENATOR GOLDEN: Mr. President,
8 that has not been worked out with the city. I
9 have no idea.
10 ACTING PRESIDENT WRIGHT: Senator
11 Krueger.
12 SENATOR LIZ KRUEGER: Thank you,
13 Mr. President. On the bill.
14 ACTING PRESIDENT WRIGHT: On the
15 bill, Senator Krueger.
16 SENATOR LIZ KRUEGER: It's
17 interesting that it hasn't been worked out by
18 the city, since the city has been publicly
19 saying they really don't want this and have
20 been discussing the desire to have the bill
21 vetoed. And the city's own statements are
22 that this section of this chapter amendment
23 could cost the city as much as $300 million in
24 lost tax revenue.
25 And this is a special carve-out
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1 from all the rest of 421-a rules for one
2 specific housing development in downtown
3 Brooklyn. It does allow a different formula
4 for affordability. It does allow higher rents
5 to be charged. It does allow what calculates
6 to about 40 percent of income to be charged as
7 rent in the affordable units, as opposed to a
8 30 percent of income maximum.
9 It does allow the developer to do a
10 different kind of housing in a different
11 layout and setup in perhaps only one building
12 in the entire project instead of 20 percent
13 on-site in each building, is as required in
14 the rest of the 421-a bill that the Senator
15 sponsored and this house passed, with my
16 objection, several weeks ago.
17 This is a bad chapter amendment.
18 It's not just technical amendments. It
19 dramatically changes how 421-a would be
20 applied in the City of New York. It would
21 dramatically increase the costs of the 421-a
22 program for the people of New York City.
23 Again, this is New York City taxes that we are
24 deciding somebody doesn't have to pay.
25 I think we have a serious duty to
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1 make sure that it's the kind of legislation
2 the people of the City of New York actually
3 want to have passed. And if we're going to
4 give away another $300 million of their tax
5 dollars, somebody should check with them.
6 I object to this as a chapter
7 amendment, and I'll be voting no and urging my
8 colleagues to.
9 Thank you, Mr. President.
10 ACTING PRESIDENT WRIGHT: Thank
11 you, Senator Krueger.
12 Senator Schneiderman.
13 SENATOR SCHNEIDERMAN: Thank you,
14 Mr. President. If the sponsor would yield for
15 a question.
16 SENATOR GOLDEN: Yes,
17 Mr. President.
18 ACTING PRESIDENT WRIGHT: The
19 sponsor yields.
20 Senator Schneiderman.
21 SENATOR SCHNEIDERMAN: In your
22 colloquy with Senator Duane you already
23 clarified the fact that this would allow for a
24 very large project to have the affordable
25 units in a separate, isolated building. Is
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1 there any requirement in this legislation that
2 the units that would be designated for
3 affordable housing be of the same quality of
4 construction as the rest of the project?
5 SENATOR GOLDEN: Mr. President,
6 on two issues. (A) the city is not against
7 these chapter amendments, number one. The
8 bill that the city was opposed to is the
9 original bill, not opposed to these chapter
10 amendments.
11 It states in the bill that the
12 floor area of the affordable units must be no
13 less than 20 percent of the total area of the
14 dwelling units.
15 SENATOR SCHNEIDERMAN: Thank you.
16 Through you, Mr. President.
17 ACTING PRESIDENT WRIGHT: Senator
18 Schneiderman.
19 SENATOR SCHNEIDERMAN: But my
20 question is, is there any requirement in this
21 bill that it be the same quality? I
22 understand that it's 20 percent. But is that
23 20 percent required to be the same quality as
24 the rest of the project?
25 SENATOR GOLDEN: I don't believe
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1 that the developer would do buildings with
2 lesser quality for one group versus better
3 quality for another group. I don't believe
4 that that is something that would be done by
5 any developer in the City of New York that is
6 getting tax credits by the City of New York to
7 proceed to build affordable units, low-income
8 units, as well as a project that not only
9 works the developer but works for the city and
10 for the community as a whole.
11 This is a good project. It's a
12 project that works. It will bring affordable
13 units, it will bring jobs. It will be a great
14 asset not only to the borough of Brooklyn and
15 to that community but to the city and the
16 state of New York as well.
17 ACTING PRESIDENT WRIGHT: Senator
18 Schneiderman.
19 SENATOR SCHNEIDERMAN: Through
20 you, Mr. President, I appreciate the fact that
21 you don't believe real estate developers would
22 build shoddy housing. Interesting, but I'm
23 not going to debate that now; the hour is
24 late.
25 Other than your belief, though, is
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1 there anything in this bill that requires the
2 affordable housing units be the same quality
3 of construction in any respect as the luxury
4 units that would be developed?
5 SENATOR GOLDEN: It will have to
6 be approved, Mr. President, according to the
7 city code. The city will come in and inspect,
8 and it will have to pass code by the City of
9 New York.
10 SENATOR SCHNEIDERMAN: Thank the
11 sponsor for his answers.
12 Mr. President, briefly on the bill.
13 ACTING PRESIDENT WRIGHT: Senator
14 Schneiderman, on the bill.
15 SENATOR SCHNEIDERMAN: I did
16 support the earlier bill because of the
17 expansion of the exclusionary zones. I have
18 to say, though, that this particular
19 provision, which we do not have to pass in
20 order for the other provisions that we passed
21 earlier to become law, raises serious
22 questions.
23 I just think it is very bad public
24 policy for us to create an affordable housing
25 program that permits the segregation of the
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1 affordable housing in such a large development
2 and has no requirement that housing for poor
3 people, for working families be of the same
4 quality.
5 I mean, this sets up a situation
6 that really, you know, I don't know what
7 developers Senator Golden hangs out with, but
8 for people whose goal is to maximize their
9 profits -- fair enough; if I buy stock in a
10 development company, I want them to maximize
11 profit. But this gives them an incentive to
12 maximize their profits by building the most
13 minimal facilities that would meet the housing
14 code and separate them as much as possible
15 from the luxury housing.
16 I think that's bad public policy.
17 I don't think that's the kind of housing
18 policy we should be enacting in this house.
19 I'm going to be voting no.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: Senator
22 Montgomery.
23 SENATOR MONTGOMERY: Yes,
24 Mr. President. I'm also going to be voting no
25 on this legislation.
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1 And I would just remind my
2 colleagues that this legislation is
3 specifically to provide some relief, if you
4 will, to a developer who is developing a
5 project in my district that represents the
6 densest possible development in the whole
7 country, in one small location.
8 And this is a development that has
9 already received hundreds of millions of
10 dollars in public subsidy. It was a
11 development that was billed and that got some
12 community support based on a promise that they
13 would provide a percent of the residential
14 development to people who live actually in the
15 area that it would be affordable housing. And
16 so a lot of the support came because of that.
17 Now here we are, in the State
18 Legislature, passing legislation to give
19 further assistance. This is a project that is
20 going to reap, we just found out fairly
21 recently, after we FOILed the original plans
22 for this -- we had to actually go to court to
23 get the information. We now know, the Mayor
24 now knows -- or at least he now admits -- that
25 this project is going to reap a 50 percent or
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1 more profit.
2 So -- and we are -- we have already
3 subsidized it, we continue to subsidize it.
4 The property part of -- the city-owned
5 property was leased to this project for $1, on
6 which he intends to build a stadium and an
7 arena.
8 And so here we are now, releasing
9 this project from one of its basic promises,
10 and that is that he would provide affordable
11 housing on-site. It was not to be off-site,
12 it was to be within the context of the
13 residential development.
14 This residential development, by
15 the way, once it's completed, will wipe out my
16 district and it will wipe out a City Council
17 district and it will wipe out an Assembly
18 district as a majority/minority district.
19 Three districts gone because of this
20 development. And here we are today giving one
21 more benefit to this same developer.
22 Now, I ask you, Mr. President, how
23 far will we go to -- we already have cases
24 pending still against this development because
25 of the use of eminent domain, where we're
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1 taking people's property to give to a
2 developer who is going to reap a 50 percent
3 return on his investment, a 50 percent profit.
4 And that's being supported by us, the state,
5 in terms of the eminent domain procedures.
6 And so now today here we are, once
7 again, giving him more relief. How far are we
8 going to go with this project? What does this
9 project mean to so many people that we will
10 give him every single possible relief,
11 including letting him out of his promise that
12 he was going to provide affordable housing?
13 So I'm adamantly opposed to this.
14 This we should not be doing. And so,
15 Mr. President, I ask my colleagues to join me
16 in rejecting this process. Enough is enough.
17 Thank you.
18 ACTING PRESIDENT WRIGHT: Thank
19 you, Senator.
20 Any other Senator wishing to be
21 heard? Debate is closed.
22 Senator Perkins.
23 SENATOR PERKINS: Thank you,
24 Mr. President.
25 I just want to say I'm also going
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1 to have to oppose this. I think that
2 segregated housing is not the way for us to
3 go, particularly when there's been an effort
4 to create benefits for the developer with the
5 negotiation with the community that would be
6 inclusive.
7 And what we have here is a
8 situation in which all the housing is on the
9 same site, but there are those who are
10 well-off who will be on one part of the site
11 and those less well-off, with lower incomes,
12 on other part of the site.
13 And it's counter to one's
14 intelligence to suggest that they'll be
15 treated equally. The history of segregation
16 and separation of this type assures us that
17 the lower-income families will be receiving
18 lower attention and benefits and their housing
19 conditions will be inferior. And I think that
20 this is going to be a bad precedent that if we
21 allow it to happen here, it will happen time
22 and time again.
23 And I don't think that this city or
24 this state wants to go back to the days of
25 that type of segregation. And not to mention
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1 the fact that there appears to be a hidden
2 benefit of $300 million to the developer that
3 has already caused a hue and cry when it was
4 first passed by the Assembly before we went
5 into recess. And on which I have already
6 received communications from advocates, even
7 supporters of the project, who felt that that
8 unintended benefit was not something that they
9 would want to support.
10 So for those reasons I'm going to
11 be voting against this bill. Thank you.
12 ACTING PRESIDENT WRIGHT: Let's
13 try again. Any Senator wishing to be heard?
14 Debate is closed. The Secretary
15 will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 8. This
18 act shall take effect on the same date and in
19 the same manner as a chapter of the Laws of
20 2007.
21 ACTING PRESIDENT WRIGHT: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT WRIGHT: Senator
25 Golden, to explain his vote.
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1 SENATOR GOLDEN: Thank you,
2 Mr. President.
3 Again, I rise to vote aye on this
4 bill. I must point out that on the original
5 bill, there were only two nay votes and
6 everybody else voted yes. And for all of the
7 bills that they said they wouldn't vote for
8 this type of housing, each one of my
9 colleagues voted for, this last year, a very
10 similar bill.
11 This allows for more affordable
12 units than less. This is more low-income
13 housing being built at that site, not less.
14 And it's being built at the site, not off of
15 the site. So this is a good piece of
16 legislation.
17 And that the City of New York is
18 heavily involved in this property, and the
19 Building Department and City Planning will be
20 fully involved in this property. And they
21 will make sure that this project is built to
22 the codes of the City of New York, which will
23 be good construction, good housing units for
24 the future, good commercial property as well
25 that surrounds for jobs and jobs for the
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1 neighborhood for the future. So this is an
2 overall good, comprehensive bill.
3 Could we have done better? Yes.
4 But right now this is the bill that's before
5 us. And these are technical corrections.
6 And I thank my colleagues for
7 voting for this bill. This will allow again
8 for more affordable units being built in the
9 City of New York. I vote aye.
10 Thank you, Mr. President.
11 ACTING PRESIDENT WRIGHT: Senator
12 Golden will be recorded in the affirmative.
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 2116 are
16 Senators Adams, Breslin, Connor, Duane,
17 Hassell-Thompson, Huntley, L. Krueger,
18 Montgomery, Padavan, Perkins, Schneiderman and
19 Serrano.
20 Ayes, 48. Nays, 12.
21 ACTING PRESIDENT WRIGHT: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 2124, by Senator Padavan, Senate Print 6393,
25 an act to amend the Public Authorities Law.
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1 SENATOR SABINI: Explanation.
2 ACTING PRESIDENT WRIGHT: Senator
3 Padavan.
4 SENATOR PADAVAN: Thank you,
5 Mr. President.
6 As we all know, several years ago
7 we adopted a very aggressive capital
8 construction plan in the City of New York,
9 $13 billion, a five-year plan, to build more
10 schools, acquire property to increase the
11 number of classrooms and related facilities.
12 Last year we dealt with our budget
13 in a very productive way by adding
14 $700 million over the prior year, a good
15 portion of which was earmarked for class-size
16 reduction.
17 Now, to achieve those objectives of
18 dealing with overcrowding and reducing class
19 sizes, the School Construction Authority of
20 the Department of Education have been
21 aggressively building schools, acquiring
22 property, renovating classrooms to add
23 classrooms. That is of course a very positive
24 thing which I'm sure you would all agree with
25 and all of you, as I recall, supported.
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1 Now, in addition to providing more
2 classrooms and reducing class size, we have to
3 make sure -- and the Department of Education
4 has certainly carried that responsibility --
5 that these schools are safe environmentally
6 speaking, that they're not in any way, shape
7 or form buildings that would have an
8 environment that would be injurious to the
9 health and welfare of the children in them.
10 Since mayoral control, the School
11 Construction Authority has implemented a
12 two-phase environmental study of every
13 acquired piece of property under a leasing
14 program. And as you see in the bill, Phase 1
15 and Phase 2, if required, deal under national
16 standards with the issue of environmental
17 safety in a new-lease building.
18 That has worked well. However,
19 it's not in law. And we can't be sure that
20 future administrations would follow the same
21 procedure. So what this bill does, it takes a
22 current process and puts it in this law.
23 Now, in addition to that, we want
24 to make sure that if there is a problem, a
25 need for remediation, that there's public
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1 awareness in the school district of what that
2 problem might be and what's being done about
3 it. And so we have given the responsibility
4 to the Community Education Councils, which
5 again, you may recall, we created soon after
6 having given the mayor control of the
7 educational system of the City of New York.
8 They are part of the system, yet
9 independent within it. And under this
10 legislation, they would have the
11 responsibility, should remediation be required
12 at a given site in a leased building, to have
13 public hearings, to render their analysis, to
14 advocate. And I have a great deal of faith in
15 them, since they are, number one, the parents
16 of the children in the school district in
17 question, and certainly their diligence, due
18 diligence would be above reproach in terms of
19 motivation.
20 So those are the elements in the
21 bill. One that statutizes a process that's
22 working well in terms of dealing with the
23 environmental issues at lease sites, and the
24 other expanding what is currently in effect,
25 allowing Community Education Councils --
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1 requiring, mandating that they be involved via
2 public hearings and other means to make sure
3 whatever the problem might be, whatever the
4 remediation will be is not only acceptable,
5 desirable, but effective.
6 That is the bill, Mr. President.
7 ACTING PRESIDENT WRIGHT: Senator
8 Sabini, why do you rise?
9 SENATOR SABINI: Mr. President,
10 if the sponsor would yield for a question.
11 ACTING PRESIDENT WRIGHT: Senator
12 Padavan, will you yield for a question?
13 SENATOR PADAVAN: Yes, I will.
14 ACTING PRESIDENT WRIGHT: Senator
15 Sabini.
16 SENATOR SABINI: Through you,
17 Mr. President, the sponsor knows that during
18 my time as chair of the City Council committee
19 that sited schools, we did a number of
20 successful projects, including one of the
21 best, I believe is the Creedmoor campus --
22 SENATOR PADAVAN: I'm sorry, I
23 didn't understand what you just said. Would
24 you repeat that?
25 SENATOR SABINI: I said during my
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1 time as chair of the City Council committee
2 that sited schools, we had a number of success
3 stories, including the Creedmoor campus in
4 your district, which I think is a model
5 nationwide --
6 SENATOR PADAVAN: Thank you very
7 much.
8 SENATOR SABINI: -- for what a
9 siting should be.
10 But I'm concerned, why is your bill
11 not including the protections offered in the
12 Assembly bill, which would require a SEQRA
13 review, environmental review, and put the
14 leasing in part of the ULURP process that
15 other city projects are required to go, even
16 leased city projects?
17 SENATOR PADAVAN: Well, first,
18 there is a major difference between property
19 the city acquires -- and you gave an example
20 the land on the grounds of Creedmoor, we were
21 able to, with legislation, transfer it to the
22 City of New York. They owned it. They're
23 stuck with it. They must do whatever is
24 required to make it safe, environmentally and
25 otherwise.
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1 Now, when you're leasing buildings,
2 keep in mind most of them were former
3 commercial buildings. People worked in them,
4 things went on in those buildings. And
5 someone is sitting there with a lease in the
6 City of New York where property today, as you
7 know, particularly commercial property, is up
8 through the ceiling. They're not going to sit
9 there indefinitely holding onto that property
10 for a process that's taking longer than it
11 should.
12 Now, this does provide for a
13 two-step environmental process, one that is
14 nationally recognized and has been in effect
15 for leasing property in the City of New York
16 for a number of years. It just didn't happen
17 this year or last year, but it's gone on for a
18 number of years, and it's working well.
19 Now, we do feel, however, that
20 there should be public awareness of what's
21 going on. And from my point of view, the
22 people the closest to the education of our
23 children, with the most at stake and with the
24 greatest sense of responsibility, are the
25 parents who are members of the Community
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1 Education Council.
2 And that's why we added this part
3 of this, that element to this legislation,
4 ensuring the fact that whatever happens,
5 whatever is found, whatever is determined to
6 be necessary would be publicly -- would be
7 made a public process where everyone could get
8 involved. Including local city councilmen, if
9 they chose to.
10 And as you know, Senator, the State
11 Department of Environmental Conservation has
12 an overriding responsibility which exists
13 today to ensure that whatever this process is,
14 and it's working well, continues to work well.
15 So that's another level on top of what the
16 law -- this bill would provide in law and what
17 is currently going on in fact.
18 And I might add, in addition,
19 obviously the City Council, which allocates
20 the individual appropriations within their
21 budget for school buildings, would have
22 whatever prerogatives that particular
23 budgetary process provides.
24 So I think, all in all, we have a
25 good system that would work, can continue to
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1 work, public awareness that's there. And
2 while I have no problem with the City Council,
3 I do believe that there have been occasions
4 where the siting of school buildings and the
5 acquiring of sites have been somewhat
6 politicized.
7 ACTING PRESIDENT WRIGHT: Senator
8 Sabini.
9 SENATOR SABINI: Mr. President,
10 if the sponsor would continue to yield.
11 ACTING PRESIDENT WRIGHT: Senator
12 Padavan, will you continue to yield?
13 SENATOR PADAVAN: Yes.
14 ACTING PRESIDENT WRIGHT: Yes, he
15 will. Proceed.
16 SENATOR SABINI: Can you tell us
17 how many of those times that has happened?
18 Because during the time I was chair and the
19 Senator Perkins was on the committee, Senator
20 Duane was on the committee, I can't recall
21 one.
22 Now, I do know there was a site in
23 the Bronx that's been controversial. But can
24 you tell me how many have been politicized, in
25 your opinion?
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1 SENATOR PADAVAN: Well, Senator,
2 I really can't give you a number. But
3 whatever the number may be, it's one too many.
4 But again, I get back to the basic
5 thrust of this bill. I don't know if you were
6 here when we created the Community Education
7 Councils; I don't recall your tenure. But we
8 felt then, and we feel now, they are the ones
9 who we count on to make sure that in every
10 school district that our children are getting
11 the best education that we could possibly
12 provide, and that anything that goes on in
13 that district is done properly.
14 They are, for the first time, by
15 virtue of this bill, in the process. Now, if
16 you have a problem with that, I don't quite
17 follow it. But to me, I believe parents whose
18 children would be directly affected have the
19 most at stake and therefore have the greatest
20 responsibility in this matter.
21 ACTING PRESIDENT WRIGHT: Senator
22 Sabini.
23 SENATOR SABINI: Mr. President,
24 through you, if the sponsor would continue to
25 yield.
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1 ACTING PRESIDENT WRIGHT: Senator
2 Padavan, will you continue to yield?
3 SENATOR PADAVAN: Yes. Yes, I
4 will.
5 ACTING PRESIDENT WRIGHT: He
6 will.
7 SENATOR SABINI: Under your bill,
8 if it were to become law -- and I don't know
9 that there's an Assembly sponsor. But if it
10 were to become law, what would be the
11 difference in time that this review would take
12 as opposed to a ULURP process in the City of
13 New York?
14 SENATOR PADAVAN: Well, as you
15 know, there is no particular time frame in the
16 ULURP process that is in statute that I'm
17 familiar with. That could go on in a variety
18 of ways. Well, you know, Senator, I've seen
19 ULURP processes go on and on and on and on for
20 one reason or the other.
21 But there are time limits in this
22 bill in terms of when notice is given, how
23 long a period of time when hearings would be
24 provided for, and so on and so on.
25 We have a difference of opinion,
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1 obviously. I think this is a good way to go.
2 I respect your opinion. I respect the opinion
3 of the Assembly, Assemblywoman Nolan.
4 However, I would like to point out
5 one final thing. This bill is supported by
6 the Department of Education. I have their
7 memo in front of me. It says: "The New York
8 City Department of Education strongly supports
9 S6393, which would amend the Public
10 Authorities Law to require the New York City
11 School Construction Authority to conduct
12 environmental reviews of any proposed facility
13 that is to be leased for educational purposes.
14 "The School Construction Authority,
15 which now reports directly to the New York
16 City Department of Education, is charged with
17 siting and building schools to meet the
18 demands of New York City's school population.
19 Leasing is an important component of the
20 ongoing effort to provide desperately needed
21 seats on an expedited basis when sites for
22 school construction cannot be found in the
23 more densely populated areas of the city.
24 "The department works closely with
25 the SCA to ensure new and leased facilities
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1 are environmentally safe for our children and
2 staff and supports adding the reviews required
3 under this legislation. The SCA already
4 conducts environmental due diligence, Phase 1
5 and 2 for leased projects, and supports the
6 reasonable process for site reviews, a public
7 comment period and hearing that would be
8 established under this legislation.
9 "These provisions would provide an
10 opportunity for the public to react to
11 potential school sites without imposing a
12 process that would create delays that could
13 easily derail the leasing process.
14 "In addition, this proposal
15 recognizes the practical distinction between
16 the use of leasing and new construction to
17 establish new schools. As lease sites do not
18 become the property of the department, the SCA
19 does not perceive that leases or reviews
20 reveal that a site has high levels of
21 contamination necessitating costly
22 remediation."
23 So there is a distinction,
24 obviously -- and they're pointing it out --
25 between leasing and acquiring property, as I
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1 mentioned earlier.
2 SENATOR SABINI: Thank you,
3 Mr. President. On the bill.
4 ACTING PRESIDENT WRIGHT: Senator
5 Sabini, on the bill.
6 SENATOR SABINI: The sponsor says
7 we don't disagree. Actually, I think we
8 probably do fundamentally disagree on one
9 item, which is that I believe that this bill
10 would probably take just as long as the ULURP
11 process.
12 It is a factual item that once SCA
13 and City Planning calendarizes something under
14 the city's Uniform Land Use Review Process,
15 there's a clock. And the clock moves and if
16 the council doesn't come to an agreement after
17 I believe it's three weeks or 20 days, then
18 the site is deemed approved. And I've got to
19 tell you, as someone who has followed that
20 committee after I chaired it, there is rarely
21 a time when a site isn't approved.
22 So I think the fundamental
23 disagreement is that the Department of Ed and
24 the commissioner, Chancellor Klein, would like
25 as few people to review these sites as
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1 possible.
2 Now, I think that making sure that
3 we follow due diligence on leased property
4 when schoolchildren and personnel's health is
5 at stake is not a bad policy. So I would like
6 to see us instead take up Assemblywoman
7 Nolan's bill, which puts this under the same
8 rules that other city leased property -- see,
9 the difference here is the SCA is a
10 state-constructed agency, so we can change the
11 rules under which they review leased property.
12 And this is what this does.
13 But if the New York City Fire
14 Department were to lease a building, they
15 would have to go under ULURP. If the New York
16 City Police Department were to lease a
17 building, they would have to go under ULURP.
18 And I think the men and women who work in
19 those facilities are no less important than
20 children who attend schools.
21 But the bottom line is, there's not
22 a problem here. The council has not
23 repeatedly rejected sites. This is out of a
24 fit of pique over one site that was rejected
25 over some concerns about health. And you know
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1 what? If they erred on the side of caution,
2 that's not bad thing.
3 In 1989 when the Board of Estimate
4 was dissolved by a federal court order and the
5 New York City Council were given land-use
6 prerogatives, people said: They'll never
7 build anything, they'll never want to build
8 something next to people. They'll never want
9 to build big projects. And you know what?
10 That hasn't turned out to be the case.
11 As a matter of fact, I had, in my
12 own district, lots of schools constructed.
13 And let me tell you, when you put a school in
14 a neighborhood, not everyone is for it, even
15 though there may be a need, because the people
16 that live next to the school may not be the
17 same people sending their kids to the school.
18 And yet we did move forward, because it was
19 the right thing to do. And I can honestly say
20 that my colleagues all did the same thing.
21 So there's not a problem here. And
22 I don't believe that taking layers out of the
23 decision-making process when it comes to the
24 environmental health of our children who are
25 going to be spending, in some cases, eight
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1 years in a school -- in my district we have a
2 school where kids spend 13 consecutive years,
3 it's K through 12. That if we're going to
4 send children to those schools, we want to
5 have some surety that their health is going to
6 be preserved.
7 I think that the sponsor has good
8 intentions, but I think that this bill doesn't
9 give us the assurances we need, and I'm going
10 to be voting no.
11 Thank you, Mr. President.
12 ACTING PRESIDENT WRIGHT: Senator
13 Schneiderman, why do you rise?
14 SENATOR SCHNEIDERMAN: Thank you,
15 Mr. President. On the bill.
16 ACTING PRESIDENT WRIGHT: Senator
17 Schneiderman, on the bill.
18 SENATOR SCHNEIDERMAN: I also
19 will be voting against this bill. I think
20 it's unfortunate that the Senate appears to be
21 moving towards passing something that provides
22 less protection for our children from
23 environmental dangers, from toxic substances,
24 than we could. As the sponsor just said --
25 ACTING PRESIDENT WRIGHT: Senator
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1 Padavan, why do you rise?
2 SENATOR PADAVAN: Will Senator
3 Schneiderman yield to a question.
4 ACTING PRESIDENT WRIGHT: Senator
5 Schneiderman, will you yield?
6 SENATOR SCHNEIDERMAN: I will be
7 glad to in just a moment, if I just can finish
8 this paragraph.
9 SENATOR PADAVAN: By all means.
10 SENATOR SCHNEIDERMAN: The
11 Assembly's bill seems to me to be completely
12 reasonable and preferable in every way. It
13 does require notice to the community. It
14 requires the submission of all leased school
15 site applications to the City Council, which,
16 as Senator Sabini said, has a 20-day window in
17 which to approve. It's not a long time. And
18 it requires that all leased school site
19 applications are subject to a SEQRA review.
20 That's not unreasonable. That's what we do
21 with everything else.
22 This is, strangely enough,
23 legislation that would say that everything
24 else the city leases gets a SEQRA review, gets
25 approved by the City Council, but the sites
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1 that should be the most pristine, where our
2 children are, doesn't. That, to me, is
3 incomprehensible public policy.
4 And I also would suggest to the
5 sponsor that the provision having the
6 Community Education Councils, the Community
7 Education Councils conduct a hearing on
8 environmental quality, is really ludicrous.
9 The Community Education Councils
10 are groups of parents. Where do they get --
11 is there extra funding in here? Are they
12 given some people to advise them on this? No.
13 There's nothing in this legislation to enable
14 them to undertake this.
15 That's not what they're set up for.
16 That's not what they should be doing. They
17 are the least capable group of conducting such
18 a hearing.
19 And I think there's a fundamental
20 legal defect in it as well. If I seek to
21 challenge, in litigation, a decision to locate
22 a school in a toxic waste site or something
23 like that, or to lease it in a site that would
24 be unacceptable for environmental reasons, I
25 would be in the position of having to sue the
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1 CEC for its conduct of the hearing.
2 And that's not really who should be
3 properly framed as the decision-maker. I
4 think this could create a legal impediment to
5 litigation against the SCA, which is the real
6 decision-maker here, and that additionally I
7 think is a defect here.
8 So with that said, I will be glad
9 to yield for a question.
10 ACTING PRESIDENT WRIGHT: Senator
11 Schneiderman will yield.
12 Senator Padavan.
13 SENATOR PADAVAN: Senator, what
14 has been the historically, in whatever number
15 of years you choose, a process that's been in
16 effect for leased property for schools
17 vis-a-vis environmental review? What has been
18 the process in effect?
19 SENATOR SCHNEIDERMAN: I don't
20 understand the question.
21 SENATOR PADAVAN: In other words,
22 prior -- well, right now, as a matter of fact,
23 what is the process that is today in effect
24 relevant to leased property for the use as
25 classrooms?
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1 SENATOR SCHNEIDERMAN: The
2 process is similar to what this -- similar if
3 not identical to what this legislation
4 proposes.
5 However, there is a significant
6 increase in the use of leased property for
7 city schools. We're obviously in a situation
8 now where we have a crisis in our city schools
9 to authorize capital --
10 SENATOR PADAVAN: Will the
11 Senator yield. I don't think he answered the
12 question.
13 SENATOR SCHNEIDERMAN: I'm sorry,
14 I would like to be allowed to finish my
15 response to the question.
16 ACTING PRESIDENT WRIGHT: Excuse
17 me, Senator Padavan. Senator Schneiderman has
18 the floor.
19 SENATOR SCHNEIDERMAN: Thirty-one
20 percent of all new capacity seats in the
21 Department of Education's five-year capital
22 plan is going to be leased. There's a
23 significant increase in the use of leased
24 property. And as we all know, it's hard to
25 find property in many areas.
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1 It is understandable that people
2 who are desperate to find property, whose jobs
3 are on the line if they don't lease space for
4 schools, might want to reduce the level of
5 review. But it's not the job of this Senate,
6 of this Legislature, to allow them to
7 circumvent basic environmental requirements.
8 And they are not able to do that in any other
9 building leased by the city, and the Assembly
10 bill would prevent them from doing that.
11 So I don't see any reason for us to
12 propose something different than the Assembly
13 bill. I think Senator Sabini has explained
14 very well why that would work. And I find it
15 absolutely incomprehensive that we're imposing
16 on the poor beleaguered parents of our CECs
17 the obligation to hold public hearings on
18 environmental issues.
19 So those are my concerns, Senator.
20 And I realize that this is similar to the
21 process that's in effect now. But I do think
22 we have an opportunity here to significantly
23 improve on that process and to protect our
24 children, to provide more protections for our
25 children from toxic wastes and other
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1 environmental hazards.
2 ACTING PRESIDENT WRIGHT: Senator
3 Padavan.
4 SENATOR PADAVAN: Will the
5 Senator yield.
6 ACTING PRESIDENT WRIGHT: Senator
7 Schneiderman, will you yield?
8 SENATOR SCHNEIDERMAN: I'm happy
9 to yield.
10 ACTING PRESIDENT WRIGHT: The
11 Senator yields.
12 SENATOR PADAVAN: Senator, maybe
13 I didn't make myself clear. What is currently
14 in law today relevant to the acquisition of
15 sites to be leased for schools? What is
16 currently in law?
17 SENATOR SCHNEIDERMAN: Well,
18 there are a series of provisions that the
19 schools -- that define the School Construction
20 Authority and define its -- I mean, there are
21 a whole variety of laws about leases for
22 schools. If you're referring to this
23 specifically, I don't think there is a
24 provision like this in law.
25 SENATOR PADAVAN: There is
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1 nothing in law.
2 SENATOR SCHNEIDERMAN: On this
3 specific issue that's addressed in this bill.
4 SENATOR PADAVAN: Thank you.
5 Thank you very much. That's the question I
6 was asking. So now if you would continue to
7 yield.
8 SENATOR SCHNEIDERMAN: Be happy
9 to yield.
10 SENATOR PADAVAN: We have two
11 proposals, one in the Assembly and one before
12 us here, that have a different way of going at
13 it. Here we do require environmental Phase 1
14 and 2 nationally accepted standards, with DEC
15 oversight, which has always been there. And
16 we involve the Community Education Councils
17 when public awareness is necessary.
18 Now, you seem to think that the
19 CECs are ill-equipped or ill-motivated or not
20 whatever and don't have the resources. Well,
21 I don't know about the CECs you've been
22 exposed to, but the ones I have get into
23 everything -- and thank heaven they do --
24 including new construction.
25 Are you aware of the fact that when
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1 a new building goes up in a school district,
2 CECs get involved intimately in evaluating the
3 school and everything about it? They do that
4 today. They've done it in my district, not
5 only in those three schools you mentioned but
6 in others. So where --
7 SENATOR SCHNEIDERMAN: Could I
8 get a question, Mr. President?
9 SENATOR PADAVAN: My question,
10 Senator, is where do you come up with the
11 judgment that they're ill-equipped to not only
12 inquire, investigate, but to probe into the
13 safety of the schools that are either being
14 built or renovated, leased or acquired in
15 their school districts? Where do you come up
16 with that judgment?
17 ACTING PRESIDENT WRIGHT: Senator
18 Schneiderman.
19 SENATOR SCHNEIDERMAN: Based on
20 my own experience in CECs, the difficulty
21 we've had in finding parents to participate in
22 CECs, the lack of staff, the lack of
23 budgeting. Perhaps you fund your CECs with
24 member items. Perhaps in a few years we'll be
25 able to fund our CECs with member items. But
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1 that's not the right way to do public policy.
2 My suggestion, Senator, is we on
3 this side of the aisle do not have the
4 opportunity to participate in the debate over
5 the drafting of this legislation. Our
6 opportunity to have input is now.
7 And I am suggesting that the input
8 I would like to have is that the Assembly bill
9 is far superior and that it is disgraceful for
10 this house to take the position that our
11 children in leased facilities should not have
12 the same basic environmental review and
13 protection from toxic waste that goes to every
14 other leased facility in the City of New York
15 and that go to new school facilities. That's
16 it. Simple. Why should we do less for our
17 children?
18 That's my objection. I stand by
19 it. And I suggest that everyone vote no.
20 Thank you, Mr. President.
21 ACTING PRESIDENT WRIGHT: Senator
22 Hassell-Thompson, why do you rise?
23 SENATOR HASSELL-THOMPSON: On the
24 bill, Mr. President.
25 ACTING PRESIDENT WRIGHT: On the
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1 bill.
2 SENATOR HASSELL-THOMPSON: Just
3 two quick statements that I'd like to make on
4 the bill.
5 One is that I've listened to the
6 discussion by Senator Padavan defending the
7 ability of parent groups. And I would like to
8 suggest to him and to any others that while
9 that may exist in a district or in your
10 district, it is not uniform.
11 There is not the same authority,
12 there is not the same resource ability across
13 the board to do this. Were that not true, one
14 of the schools that you were discussing that
15 was held up, presumably thought to be for
16 political reasons, was predominantly because
17 the City Council and the community groups were
18 not satisfied that the cleanup in the leased
19 school was sufficient on behalf of the
20 children of that district.
21 And, Senator, to you and to anybody
22 else who believes that we don't have a right
23 to ask for and require of our City Council
24 members to be a part of that process because
25 they're on the ground -- that's part of their
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1 job, that's what we hold them accountable to
2 do. And as the on-the-ground people, I trust
3 their resources and their ability to opt on
4 behalf of our children.
5 And therefore I will be voting no
6 and I certainly will be encouraging all of my
7 colleagues that this is not the best interests
8 particularly of children in black and Latino
9 districts.
10 ACTING PRESIDENT WRIGHT: Senator
11 Perkins.
12 SENATOR PERKINS: Thank you,
13 Mr. President.
14 I just want to echo the concerns of
15 my colleagues Senators Schneiderman and
16 Hassell-Thompson and others with respect to
17 this legislation, particularly in terms of the
18 role of the parent boards. Which, with all
19 due respect, are very, very enthusiastic,
20 very, very committed, very, very involved, and
21 in many respects very, very talented -- but
22 powerless. They have absolutely no power.
23 They were designed to be powerless.
24 They were not designed to be able to stop
25 anything, as might be the City Council through
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1 the so-called ULURP process.
2 So if in fact we want them to play
3 that role, then we should have empowered them
4 in such a way that they could play this role.
5 But they really can't. And in fact, they
6 express very often to me their frustration
7 about the fact that they are powerless with
8 regard to these matters.
9 Now, if we want a sort of
10 superficial opportunity or effort to give the
11 blemish that there's some parental involvement
12 or some parental support, then we can go
13 forward with that. But that won't be honest.
14 This is in a sense a secondary or a
15 second-class approach to really looking at the
16 safety of these particular facilities.
17 We need leasing, and leasing has a
18 value. But it loses that value when, through
19 that, that we expedite it without providing
20 the necessary protections for the health and
21 well-being of the children.
22 And the council has an awesome
23 amount of resources to have full-blown
24 hearings, to bring in experts, to really do
25 the scientific research that's necessary so
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1 that at the end of the process one can feel
2 some great deal of confidence that this was
3 done in the proper way.
4 So I think that this particular
5 piece of legislation, while it takes us places
6 where we haven't been before, does not take us
7 places we want to go. Which is to guarantee
8 that this leasing is done in such a way that
9 it's safe, that it's expeditious, but not so
10 expeditious that it doesn't have the highest
11 standards as it relates to the safety of the
12 children.
13 And the best way to do that is
14 through this ULURP process through the City
15 Council that has the resources, that has the
16 obligation, the accountability and actually
17 represents the area as do the parents.
18 So I'm going to have to vote no on
19 this as well.
20 ACTING PRESIDENT WRIGHT: Is
21 there any other Senator wishing to be heard?
22 Debate is closed. The Secretary
23 will ring the bell.
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 90th day.
2 ACTING PRESIDENT WRIGHT: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT WRIGHT: Senator
6 Sabini, to explain his vote.
7 SENATOR SABINI: Thank you,
8 Mr. President. I just want to note for my
9 colleagues the strange irony in this action.
10 The Mayor -- and I supported it --
11 wanted control over the Department of
12 Education, so he got rid of the Board of Ed
13 and created a city agency. But what this bill
14 does is exploit the fact that the School
15 Construction Authority is not a city agency,
16 it's a state-created authority. And by
17 passing this, it averts city control. That's
18 the strange irony here.
19 If the Department of Education had
20 gotten the responsibility to build city
21 schools -- I don't know that they should have
22 it. But if we had given full mayoral control,
23 they would be the subject to ULURP like any
24 other city agency.
25 So there's a strange irony in this
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1 that the Department of Ed is asking to support
2 an SCA effort that they have to support, that
3 they have to come in compliance with
4 themselves if, say, the Department of
5 Education were to lease an office building for
6 their own personnel.
7 I vote no.
8 ACTING PRESIDENT WRIGHT: Senator
9 Sabini will be recorded in the negative.
10 Senator Stavisky, to explain her
11 vote.
12 SENATOR STAVISKY: Yeah, very
13 briefly.
14 In many parts of the city it's been
15 increasingly difficult to find sites for
16 schools. As a result, the city has had to
17 lease the space.
18 Secondly, it's been very difficult
19 to find people to serve on these committees,
20 on the CECs. And it's been almost void of any
21 support services. As a result, they feel
22 without power.
23 On the other hand, we do have
24 certain bodies that do have accountability,
25 that do have the support services. For one
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1 thing, we have the local community boards.
2 And under this legislation, I believe they are
3 not -- they do not receive notification of the
4 siting of a leased school facility.
5 Secondly, we have the council
6 members. And certainly nobody's ever accused
7 the New York City Council people of being shy
8 and reticent and unwilling to hold hearings.
9 And at the same time, there is the
10 question of accountability. So the local
11 community boards, the City Council, these are
12 bodies which have the facilities, they can be
13 held accountable, far more so than simply the
14 CECs.
15 And as a result, Mr. President, I
16 vote no.
17 ACTING PRESIDENT WRIGHT: Senator
18 Stavisky will be recorded in the negative.
19 Announce the results.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 2124 are
22 Senators Adams, Breslin, Connor, Diaz, Dilan,
23 Duane, Gonzalez, Hassell-Thompson, Huntley,
24 C. Johnson, Klein, L. Krueger, Montgomery,
25 Onorato, Oppenheimer, Parker, Perkins, Sabini,
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1 Sampson, Savino, Schneiderman, Serrano, Smith,
2 Stachowski, Stavisky, Stewart-Cousins,
3 Thompson and Valesky.
4 Ayes, 32. Nays, 28.
5 ACTING PRESIDENT WRIGHT: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 2126, by Senator Skelos, Senate Print 6406, an
9 act to amend the Executive Law.
10 SENATOR SCHNEIDERMAN:
11 Explanation.
12 ACTING PRESIDENT WRIGHT: Senator
13 Skelos.
14 SENATOR SKELOS: Thank you,
15 Mr. President.
16 If I could, prior to the
17 termination of regular session, the Senate
18 passed Governor Spitzer's program bill
19 concerning the expansion of the DNA database.
20 Unfortunately, as he traveled the state, he
21 forget to mention that as he was commenting on
22 unfinished business.
23 But what we've really tried to do
24 with this legislation is strike a compromise,
25 taking into account the work that was really
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1 done at the joint conference committee. And I
2 know Senator Schneiderman made some
3 recommendations.
4 So really what we do here -- and I
5 think this is a fair compromise -- Senate
6 priorities were to include all fingerprintable
7 offenses, youthful offenders and persons
8 subject to registration as a sex offender.
9 These would include failure to register as a
10 sex offender and failure to verify addresses,
11 DWIs and DWAIs. Which would not be included
12 if it was just misdemeanors, as is proposed by
13 the Assembly.
14 It specifies the public officer's
15 responsibility for collecting DNA samples from
16 defendants and requires that a defendant under
17 probation or parole supervision provide a DNA
18 sample to ensure that every person convicted
19 of a crime has their DNA collected and added
20 to the data bank. These were the priorities
21 of the Senate Majority.
22 Now, some of the Assembly
23 priorities, and I believe with the Senate
24 Minority, were to -- it strikes from the
25 legislation the Senate plan to extend the
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1 statute of limitations in all cases where DNA
2 is available and also does nothing in terms of
3 the John Doe indictment process.
4 This creates a wrongful conviction
5 commission but limits the scope to that
6 proposed by the Governor, but it is outside of
7 the Division of Criminal Justice Services.
8 It expands defendants' ability to
9 apply for DNA testing before trial and also in
10 cases where they have previously pled guilty,
11 and expands the scope of defendant's
12 application to include a comparison between
13 crime scene evidence and DNA data banks.
14 Basically we do not want anybody to be in jail
15 that should not be in jail.
16 It overrules existing case law,
17 limiting ability of wrongful convicted persons
18 to recover against the state, and strikes the
19 440 motion reform proposed by the Governor.
20 ACTING PRESIDENT WRIGHT: Senator
21 Schneiderman.
22 SENATOR SCHNEIDERMAN: Thank the
23 sponsor for his explanation.
24 Mr. President, I believe there is
25 an amendment at the desk. I ask that the
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1 reading of the amendment be waived and would
2 like to be heard on the amendment.
3 ACTING PRESIDENT WRIGHT: There
4 is. The reading is waived, and you may be
5 heard on the amendment.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Mr. President.
8 I agree with Senator Skelos that
9 this bill represents significant progress over
10 the bill that was passed in the Senate earlier
11 this year. And I very much appreciate him
12 saying that our goal is to see that no one is
13 in prison who doesn't belong there, that
14 innocent people are exonerated and that guilty
15 people are convicted.
16 My amendment is to make this a
17 better bill and to enable it to do just that.
18 Some of the defects in this bill -- and again,
19 it is a step forward, but I believe it doesn't
20 go nearly far enough -- include the following.
21 This bill does not eliminate rogue DNA
22 databases. They're DNA databases that have to
23 be eliminated or brought into compliance with
24 some strict set of standards to protect all of
25 us, frankly.
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1 This bill also does not provide
2 mandatory guidelines for collection,
3 preservation and indexing of evidence. It has
4 voluntary guidelines that a commission may
5 make mandatory.
6 The reason that these are so
7 important is that currently, if there's a
8 murder in my building and all the people in
9 the building give their DNA to be tested so it
10 can be excluded, that may sit in a rogue
11 database and may be run for a test over and
12 over again. We don't know. There are
13 different local governments and jurisdictions
14 that have these rogue databases. We've got to
15 get rid of them.
16 We've got to have one standard for
17 mandatory guidelines for all DNA and indexing
18 for all DNA to prevent the travesties of
19 justice we've heard so much about, the case of
20 Alan Newton being one of the primary ones
21 that's come before us -- and he came up to
22 Albany to lobby on this issue -- where the
23 crime scene DNA was lost for 16 years and they
24 couldn't find it because there was no proper
25 indexing.
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1 This bill does allow, and this is a
2 good thing, the court to order, on a request
3 from a defendant, that a defendant's DNA be
4 compared to the crime scene's DNA. Most
5 people don't understand that this is not the
6 case. It is incredible to me that a defendant
7 cannot request that their DNA be run against a
8 crime scene DNA.
9 This bill would allow that to be
10 done under a court order. However, it doesn't
11 allow the court to order a comparison of the
12 defendant's fingerprints to the fingerprints
13 at the crime scene. Let's -- again, on the
14 principle that we want to make sure all
15 innocent people get out of jail, let's make
16 that change as well.
17 The commission for exoneration
18 review that is created in this bill I believe
19 is unduly restricted, its mandate is unduly
20 restrictive, and the composition of the
21 commission is flawed. My amendment seeks to
22 correct these things.
23 And finally, my amendment would add
24 to this bill two provisions that the Assembly
25 has added that I think are absolutely
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1 essential to protect the innocent from
2 wrongful conviction. Those are modifications
3 of our state procedures for eyewitness
4 identification and the requirement for
5 videotaping in custodial interrogations.
6 Coincidentally, yesterday in the
7 New York Times there were stories of two
8 wrongful convictions. One was a gentleman
9 named Richard Lapointe, who is mentally
10 impaired and was convicted based on signed
11 confessions. He was questioned for nine
12 hours, until 1:30 in the morning, and he
13 signed three inconsistent confessions. We
14 have to deal with this issue. We have to move
15 beyond the people who are easier to exonerate
16 to situations where custodial interrogations
17 produce false confessions.
18 The second story, Troy Davis. This
19 is a man -- there was little physical
20 evidence. Prosecutors relied on testimony of
21 nine eyewitnesses. Again, we're dealing with
22 a situation where these are white eyewitnesses
23 against a black defendant. Nine eyewitnesses
24 took the stand against Mr. Davis. Since his
25 trial, seven of the nine have recanted or
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1 changed their testimony, saying they were
2 harassed and pressed by investigators to lie
3 under oath. Other witnesses have come forward
4 identifying a different man as the shooter.
5 So I appreciate the fact that
6 Senator Skelos is moving this forward. The
7 changes in the bill do give me confidence we
8 will actually get something done before end of
9 the year.
10 But I would urge everyone, let's
11 adopt the additional provisions in this
12 amendment. Let's make this bill a better
13 bill. Let us ensure that no innocent person
14 in New York State is ever convicted of a crime
15 they didn't commit or ever incarcerated for a
16 crime they did not commit. I urge everyone to
17 vote for this amendment.
18 Thank you, Mr. President.
19 ACTING PRESIDENT WRIGHT: Thank
20 you, Senator Schneiderman.
21 On the amendment, those Senators in
22 agreement please signify by raising your
23 hands.
24 THE SECRETARY: Those recorded in
25 agreement are Senators Adams, Breslin, Connor,
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1 Dilan, Duane, Gonzalez, Hassell-Thompson,
2 Huntley, Montgomery, Onorato, Oppenheimer,
3 Parker, Perkins, Sabini, Sampson, Savino,
4 Schneiderman, Serrano, Smith, Stavisky,
5 Stewart-Cousins, and Thompson.
6 ACTING PRESIDENT WRIGHT: The
7 amendment is not agreed to.
8 On the bill, any Senator wishing to
9 be heard?
10 Debate is closed. The Secretary
11 will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 13. This
14 act shall take effect November 1, 2007.
15 ACTING PRESIDENT WRIGHT: Senator
16 DeFrancisco, to explain his vote.
17 SENATOR DeFRANCISCO: Yes, I vote
18 aye. And I think at this juncture of this
19 session --
20 ACTING PRESIDENT WRIGHT: Excuse
21 me, Senator.
22 Will the Senate please come to
23 order. Senator DeFrancisco is explaining his
24 vote.
25 Thank you.
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1 SENATOR DeFRANCISCO: I think at
2 this juncture in the State Senate's
3 proceedings for this year we now have passed
4 three different DNA database bills, bills that
5 everyone seems to believe make sense insofar
6 as it not only provides more evidence,
7 potentially, to help convict the guilty but
8 also to exonerate the innocent.
9 And I know it's a Governor's
10 priority bill, although he didn't come to my
11 area to explain he was sad that the Assembly
12 didn't pass the bill. It seems to me that
13 with three different options, the Assembly
14 should come back at some point this session
15 and deal with this issue, because it is so
16 important not only for law enforcement in this
17 state but also to exonerate the innocent.
18 We've got like a Chinese menu at
19 this point. Hopefully we don't have to go
20 through more choices without the Assembly
21 coming on board and getting this done. I vote
22 aye.
23 ACTING PRESIDENT WRIGHT: Senator
24 DeFrancisco is recorded in the affirmative.
25 Call the roll.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 2126 are
4 Senators Adams, Diaz, Duane, Gonzalez,
5 Hassell-Thompson, Huntley, L. Krueger,
6 Montgomery, Parker, Perkins, Schneiderman and
7 Serrano.
8 Ayes, 48. Nays, 12.
9 ACTING PRESIDENT WRIGHT: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 2129, by the Senate Committee on Rules, Senate
13 Print 6420, an act to authorize --
14 SENATOR PADAVAN: Lay it aside.
15 ACTING PRESIDENT WRIGHT: Lay it
16 aside.
17 SENATOR PADAVAN: Mr. President,
18 could we return to Calendar Number 2130,
19 noncontroversial.
20 ACTING PRESIDENT WRIGHT: We will
21 return to Calendar Number 2130 on the
22 noncontroversial calendar.
23 SENATOR DIAZ: Mr. President.
24 ACTING PRESIDENT WRIGHT: Excuse
25 me, Senator Diaz, why do you rise?
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1 SENATOR DIAZ: I was called back
2 to Albany, and I came to deal with this
3 business. They keep calling lay it aside. Do
4 they have the votes or no? I was called to
5 vote on this. So let's do it.
6 ACTING PRESIDENT WRIGHT: Senator
7 Diaz, the bill has been laid aside. We are on
8 Calendar Number 2130. We have a message of
9 necessity --
10 SENATOR DIAZ: They called me
11 back, they called me back --
12 ACTING PRESIDENT WRIGHT: Excuse
13 me, Senator Diaz. We are on Calendar Number
14 2130.
15 We have a message of necessity at
16 the desk.
17 The Secretary will read.
18 THE SECRETARY: Calendar Number
19 2130, by Senator Nozzolio, Senate Print 6422,
20 an act to amend the Correction Law and the
21 Mental Hygiene Law.
22 ACTING PRESIDENT WRIGHT: Senator
23 Padavan.
24 SENATOR PADAVAN: Move to accept
25 the message of necessity, Mr. President.
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1 ACTING PRESIDENT WRIGHT: The
2 motion is to accept the message of necessity.
3 All in favor signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT WRIGHT:
6 Opposed, nay.
7 (No response.)
8 ACTING PRESIDENT WRIGHT: The
9 message is accepted.
10 Read the last section.
11 THE SECRETARY: Section 8. This
12 act shall take effect immediately.
13 ACTING PRESIDENT WRIGHT: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT WRIGHT: Senator
17 Nozzolio, to explain his vote.
18 SENATOR NOZZOLIO: Thank you,
19 Mr. President.
20 My colleagues, we are enacting this
21 afternoon a landmark measure which is changing
22 the complexity of our prison system. It's a
23 three-way agreement between the Assembly, the
24 Senate --
25 ACTING PRESIDENT WRIGHT: Excuse
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1 me, Senator Nozzolio.
2 Could I ask for some order, please,
3 and courtesy be extended to Senator Nozzolio,
4 who's explaining his vote.
5 If you have a conversation, please
6 take it outside the chamber. Thank you.
7 Senator Nozzolio.
8 SENATOR NOZZOLIO: Thank you,
9 Mr. President.
10 My colleagues, this is a landmark
11 legislative measure, fully agreed upon with
12 the Assembly and the Governor, which will
13 establish our prisons to be the hallmark of
14 the prison system in all of the United States
15 of America.
16 This legislation encourages,
17 establishes and requires the different
18 treatment of the mentally ill who are
19 incarcerated behind our prisons. That this
20 bill enhances the safety and security of the
21 men and women who work in our correctional
22 facilities, walk the toughest law enforcement
23 beat of all of those law enforcement officers
24 of America, as our correction officers keep
25 order within the prison system.
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1 This legislation will make our
2 prisons safer, will make our prisons more
3 humane. And I fully endorse it, am pleased to
4 see it pass, and thank you, Mr. President, for
5 the ability and opportunity to explain it.
6 ACTING PRESIDENT WRIGHT: Senator
7 Nozzolio is recorded in the affirmative.
8 Senator Duane, to explain his vote.
9 SENATOR DUANE: Thank you,
10 Mr. President.
11 I just once again want to commend
12 Senator Nozzolio on this terrific piece of
13 legislation. And I'm very, very pleased that
14 he also worked hard to forge an agreement with
15 the executive so that we can have more humane
16 and indeed safer conditions in our
17 correctional facilities.
18 I'll be voting in the affirmative,
19 Mr. President.
20 ACTING PRESIDENT WRIGHT: Senator
21 Duane will be recorded in the affirmative.
22 Senator Montgomery, to explain her
23 vote.
24 SENATOR MONTGOMERY: Yes,
25 Mr. President. I rise to join my colleague
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1 Senator Duane in really thanking and
2 complimenting Senator Nozzolio.
3 This really is a very important
4 legislation. It's one that we have hoped to
5 see come to the floor for some time. It
6 reflects an intent to be much more humane,
7 because a number of people who are
8 incarcerated are in fact very seriously
9 mentally ill. And this legislation will help
10 us identify and provide some treatment and try
11 and make sure that people who do come back to
12 their communities come back in hopefully a
13 much better condition, mentally and
14 psychologically, if they in fact have mental
15 illness.
16 So I thank you, Senator Nozzolio,
17 and I think you deserve a special commendation
18 for this landmark legislation.
19 Thank you.
20 ACTING PRESIDENT WRIGHT: Senator
21 Montgomery will be recorded in the
22 affirmative.
23 Senator Oppenheimer, to explain her
24 vote.
25 SENATOR OPPENHEIMER: I just want
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1 to say a word, Mr. President, about the woman
2 that just spoke before me because Velmanette
3 Montgomery had held hearings several years ago
4 about SHUs and about how unfair and how
5 medically unsound they were.
6 Certainly if you put someone with
7 mental illness into a SHU, they're going to
8 come out with worse mental illness. And if we
9 hope in some small way to rehabilitate people
10 in prison, putting them in SHUs with mental
11 illness does exactly the opposite.
12 So I thank you for the work you
13 have been doing for many years, Senator
14 Montgomery, and I certainly thank Senator
15 Nozzolio for finally bringing this to the
16 floor and offering some humane treatment to
17 people who desperately need a little more
18 humanity.
19 Thank you.
20 ACTING PRESIDENT WRIGHT: Senator
21 Oppenheimer will be recorded in the
22 affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 60. Nays,
25 0.
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1 ACTING PRESIDENT WRIGHT: The
2 bill is passed.
3 (Scattered applause.)
4 SENATOR PADAVAN: Mr. President.
5 ACTING PRESIDENT WRIGHT: Senator
6 Padavan.
7 SENATOR PADAVAN: May we proceed
8 with the noncontroversial calendar, Number
9 2131.
10 ACTING PRESIDENT WRIGHT: The
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 2131, by Senator Nozzolio, Senate Print 6423,
14 an act to amend the Correction Law.
15 ACTING PRESIDENT WRIGHT: Senator
16 Padavan.
17 SENATOR PADAVAN: I ask that the
18 message of necessity be accepted.
19 ACTING PRESIDENT WRIGHT: There
20 is a message at the desk.
21 The motion is to accept the message
22 of necessity. All in favor signify by saying
23 aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT WRIGHT:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT WRIGHT: The
4 message is accepted.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the same date and in
8 the same manner as Section 4 of a chapter of
9 the Laws of 2007.
10 ACTING PRESIDENT WRIGHT: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 60.
14 ACTING PRESIDENT WRIGHT: The
15 bill is passed.
16 Senator Padavan.
17 SENATOR PADAVAN: Can we move to
18 adopt the Resolution Calendar.
19 ACTING PRESIDENT WRIGHT: Motions
20 and resolutions.
21 All in favor of adopting the
22 Resolution Calendar signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT WRIGHT:
25 Opposed, nay.
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1 (No response.)
2 ACTING PRESIDENT WRIGHT: The
3 Resolution Calendar is adopted.
4 Senator Padavan.
5 SENATOR PADAVAN: Mr. President,
6 we are about to stand at ease. However, there
7 is a Rules Committee meeting at this time.
8 ACTING PRESIDENT WRIGHT: A
9 meeting of the Rules Committee will be
10 convened in the Majority Conference Room.
11 In the interim, the Senate will
12 stand at ease.
13 (Whereupon, the Senate stood at
14 ease at 5:26 p.m.)
15 (Whereupon, the Senate reconvened
16 at 5:48 p.m.)
17 ACTING PRESIDENT WRIGHT: Senator
18 Padavan.
19 SENATOR PADAVAN: Mr. President,
20 may we please return to the reports of
21 standing committees for a report of the Rules
22 Committee.
23 ACTING PRESIDENT WRIGHT: We will
24 return to the order of reports of standing
25 committees for the report of Rules Committee.
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1 The Secretary will read.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, reports the
4 following bills:
5 Senate Print 1052A, by Senator
6 Little, an act to establish;
7 6249, by Senator Maziarz, an act to
8 allow;
9 6351, by Senator Robach, an act to
10 amend the Real Property Law;
11 4324B, by Senator Maziarz, an act
12 to amend the Environmental Conservation Law;
13 3495, by Senator Libous, an act to
14 amend the Vehicle and Traffic Law;
15 3841, by Senator Seward, an act to
16 amend the Insurance Law;
17 3967A, by Senator Golden, an act to
18 amend the Executive Law;
19 5525, by Senator Thompson, an act
20 relating to certain bonds;
21 5687B, by Senator Fuschillo, an act
22 to amend the Civil Service Law;
23 6396, by Senator Morahan, an act to
24 amend a chapter of the Laws of 2007;
25 6398, by Senator DeFrancisco, an
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1 act to amend a chapter of the Laws of 2007;
2 6403, by Senator Padavan, an act to
3 amend the Civil Service Law;
4 6404, by Senator Maltese, an act to
5 amend the Transportation Law;
6 6405, by Senator Marcellino, an act
7 to amend a chapter of the Laws of 2007;
8 6408, by Senator Lanza, an act to
9 amend the Criminal Procedure Law;
10 6409, by Senator Larkin, an act to
11 amend the Tax Law;
12 6415, by Senator Morahan, an act to
13 amend the Public Health Law;
14 6418, by the Senate Committee on
15 Rules, an act to amend the Public Health Law;
16 6421, by Senator Libous, an act to
17 amend the Vehicle and Traffic Law;
18 And Senate Print 3154, by Senator
19 Montgomery, an act to amend the Family Court
20 Act.
21 All bills ordered direct to third
22 reading.
23 ACTING PRESIDENT WRIGHT: Senator
24 Padavan.
25 SENATOR PADAVAN: Mr. President,
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1 I move that the Rules Committee report be
2 accepted.
3 ACTING PRESIDENT WRIGHT: All in
4 favor signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT WRIGHT:
7 Opposed, nay.
8 (No response.)
9 ACTING PRESIDENT WRIGHT: The
10 Rules Committee report is accepted.
11 SENATOR PADAVAN: Can we stand at
12 ease for a few moments, Mr. President.
13 ACTING PRESIDENT WRIGHT: The
14 Senate will stand at ease.
15 (Whereupon, the Senate stood at
16 ease at 5:50 p.m.)
17 (Whereupon, the Senate reconvened
18 at 5:55 p.m.)
19 ACTING PRESIDENT GRIFFO: Senator
20 Padavan.
21 SENATOR PADAVAN: Mr. President,
22 may we have the noncontroversial reading of
23 the calendar.
24 ACTING PRESIDENT GRIFFO: The
25 Secretary will read.
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1 THE SECRETARY: Calendar Number
2 620, by Senator Little, Senate Print 1052A, an
3 act to establish a blue ribbon commission.
4 ACTING PRESIDENT GRIFFO: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1934, by Senator Maziarz, Senate Print 6249,
16 an act to allow William P. Grillo to file.
17 ACTING PRESIDENT GRIFFO: There
18 is a home-rule message at the desk.
19 The Secretary will read the last
20 section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 1999, Senator Robach moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 9244 and substitute it
8 for the identical Senate Bill Number 6351,
9 Third Reading Calendar 1999.
10 ACTING PRESIDENT GRIFFO:
11 Substitution ordered.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1999, by Member of the Assembly Heastie,
15 Assembly Print Number 9244, an act to amend
16 the Real Property Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT GRIFFO: Call
22 the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 60.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 2011, by Senator Maziarz, Senate Print 4324B,
4 an act to amend the Environmental Conservation
5 Law.
6 ACTING PRESIDENT GRIFFO: Read
7 the last section.
8 THE SECRETARY: Section 4. This
9 act shall take effect immediately.
10 ACTING PRESIDENT GRIFFO: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT GRIFFO: Senator
14 Maziarz, to explain his vote.
15 SENATOR MAZIARZ: Thank you very
16 much, Mr. President.
17 Mr. President, this is really a
18 great day for the Great Lakes in New York
19 State. This is a bipartisan bill. And I'm
20 very proud, this bill has been in the works
21 for several years now. And New York State is
22 taking a leadership role in moving this Great
23 Lakes compact forward. This involves several
24 states and the federal government.
25 The Great Lakes ecosystem is a
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1 natural wonder of the world. It holds
2 one-fifth -- one-fifth -- of the entire
3 world's freshwater supply. It is 95 percent
4 of the freshwater surface in the entire United
5 States. Lake Erie, Lake Ontario and the
6 St. Lawrence Seaway define over 700 miles of
7 New York borders. They supply water for
8 millions of New Yorkers, businesses, and
9 billion-dollar industries such as tourism and
10 fishing. These waters hold the key to our
11 economic health, recreational opportunities,
12 wildlife habitat, and regional character.
13 However, in the increasingly
14 water-hungry world today, the Great Lakes are
15 being eyed as an easy source by other regions
16 of the country and even other parts of the
17 world. Some predict that freshwater will soon
18 be more valuable than oil. Some argue that it
19 already is. The Great Lakes seem limitless
20 but in fact are able to replenish only about
21 1 percent of their water each year. If more
22 water is taken out than the lakes can
23 replenish, their fragile ecosystem is
24 jeopardized, and everything that depends on
25 it.
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1 Recognizing this, in 2001 the eight
2 Great Lakes states and two Canadian provinces
3 began negotiations about how to regulate water
4 diversions from the Great Lakes and manage the
5 water in a sustainable way. Four years of
6 negotiations produced the bill that is before
7 us today, the Great Lakes-St. Lawrence River
8 Basin Water resources Compact. It's a
9 remarkable collaborative and, I stress,
10 bipartisan achievement.
11 Each state and the United States
12 Congress must ratify the compact for it to be
13 implemented.
14 The bill calls on the Department of
15 Environmental Conservation and New York's
16 Great Lakes Basin Advisory Board to complete a
17 number of tasks associated with implementing
18 the compact in New York, including
19 recommendations for any necessary further
20 legislation.
21 The board will establish the method
22 for determining the baseline of how much water
23 can be used beyond current water-use levels.
24 To do this, it will need to consider the
25 historic levels of water use and the physical
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1 capacity of the current water withdrawal
2 systems, and it will determine the impacts of
3 new or increased water withdrawals.
4 The use of Great Lakes water is
5 complex and will be an increasingly
6 contentious issue. The board members should
7 be representative of the many interests that
8 have a stake in using Great Lakes water in
9 order to collaboratively reach economically
10 fair, ecologically defensible and feasible
11 recommendations.
12 I urge the board to also find ways
13 to include the Legislature and regional
14 governance as it pursues its task.
15 Again, I want to emphasize that
16 this is a bipartisan bill that represents a
17 lot of hard work over a very long period of
18 time. And I want to commend all of my
19 colleagues and the staff people who worked on
20 this.
21 Thank you very much, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Maziarz to be recorded in the negative.
24 Senator Thompson, to explain his
25 vote.
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1 SENATOR THOMPSON: Yes,
2 Mr. President. I believe that my colleague
3 from Niagara County spoke very eloquently
4 about why this bill is so important.
5 The Great Lakes-St. Lawrence River
6 Basin Compact allows New York State to benefit
7 from management decisions regarding water
8 withdrawals and water use in the basin.
9 Let me also note as well that
10 2 million residents throughout upstate
11 New York rely on the Great Lakes and
12 St. Lawrence drainage basins for their water.
13 In fact, 15 percent of the state's electricity
14 comes from two hydropower plants at Niagara
15 and the FDR on the St. Lawrence as well.
16 As the Senator whose entire
17 district is bordered by the Niagara River and
18 includes most of the productive hydropower
19 plants in the state, I can only support this
20 well-deserved bill. I congratulate the lead
21 sponsor of this bill, which does have
22 bipartisan support.
23 And we really have to continue to
24 protect our water supply, and I think that's
25 going to be one of the major debates in 2020
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1 and beyond, about fresh and clean water in
2 American society.
3 Thank you.
4 ACTING PRESIDENT GRIFFO: Senator
5 Thompson to be recorded in the affirmative.
6 Senator Wright, to explain his
7 vote.
8 SENATOR WRIGHT: Thank you,
9 Mr. President.
10 As one who represents the Lake
11 Ontario region, at least eastern Lake Ontario,
12 and the St. Lawrence River, I rise to commend
13 Senator Maziarz and congratulate him on his
14 efforts to achieve an agreement which I think
15 is critical to the future of the Great Lakes
16 region and particularly the northern New York
17 region of the Great Lakes, which is heavily
18 dependent upon that water resource, both from
19 a tourism and a recreational standpoint, but
20 also from a power and economic standpoint.
21 So I'm very pleased to join my
22 colleague in supporting this legislation and
23 want to recognize his efforts and all of the
24 efforts that have brought it to passage here
25 this afternoon. I'll vote in the affirmative.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Wright to be recorded in the affirmative.
3 Senator Stachowski, to explain his
4 vote.
5 SENATOR STACHOWSKI: Yes,
6 Mr. President, I too rise to congratulate
7 everybody involved, and especially Senator
8 Maziarz, and the fact that it was a bipartisan
9 effort and that New York State is taking the
10 lead.
11 As somebody who represents a lot of
12 the shoreline of Lake Erie, it's very
13 important to us. And the fact is that the
14 water from most of the Great Lakes end up
15 going over the Niagara. So it's important to
16 have this compact to protect our clean water.
17 It's very important not only from an economic
18 standpoint but from a survival standpoint,
19 because all of the people along the Great
20 Lakes, their drinking water comes from there.
21 So with the threats to the
22 freshwater that we have not only from various
23 species but also from other states, as Senator
24 Maziarz pointed out, this step is a very
25 important step and I hope the first of a very
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1 important compact that will protect our Great
2 Lakes waters for all the states that surround
3 it.
4 Thank you.
5 ACTING PRESIDENT GRIFFO: Senator
6 Stachowski to be recorded in the affirmative.
7 Senator Alesi, to explain his vote.
8 SENATOR ALESI: Thank you,
9 Mr. President.
10 The Great Lakes are vitally
11 important to all of us. It's not just the
12 issue that many of us have part of our
13 districts on the Great Lakes, but as the
14 chairman of the Committee on Commerce and
15 Economic Development, I know how vitally
16 important it is that we have this huge source
17 of freshwater in the Northeast, part of a
18 whole series of Great Lakes and waterways as
19 well.
20 It's important to the people that I
21 represent, the people in New York State -- in
22 fact, people in the entire world -- when you
23 think about the commerce that goes through the
24 Great Lakes, whether it's between the lakes
25 themselves or up the St. Lawrence Seaway.
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1 You think about the importance of a
2 source of freshwater for the millions of
3 people that rely on it for drinking. Tourism,
4 the state's number-two industry, is so reliant
5 on our Great Lakes, as well as agriculture,
6 which is the state's number-one industry. And
7 energy as well.
8 There are so many times when we
9 take for granted turning on the water and
10 getting fresh water or any of the things that
11 the Great Lakes provide for us. And I think
12 that Senator Maziarz and those people who
13 worked along with him, recognizing that this
14 is an international effort, should be
15 congratulated for their diligence and for
16 their commitment to this compact.
17 I'm proud to support it and thank
18 Senator Maziarz for his efforts as well.
19 ACTING PRESIDENT GRIFFO: Senator
20 Alesi to be recorded in the affirmative.
21 Senator DeFrancisco, to explain his
22 vote.
23 SENATOR DeFRANCISCO: As a
24 cosponsor, I want to rise and also indicate my
25 support for this bill.
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1 I think that the benefits of the
2 bill have pretty well been outlined, and I
3 think there's another significant factor here.
4 And that is that the compact is a compact
5 among several states and two Canadian
6 provinces. And despite being continually
7 criticized as being a dysfunctional
8 legislature, we are among the leaders in
9 moving this compact. And hopefully our
10 leadership of being one of the first to sign
11 on is going to be important to make this a
12 reality.
13 And the importance of this bill
14 cannot be overemphasized in view of how it's
15 going to affect the use of those lakes for
16 many, many generations to come. I vote aye.
17 ACTING PRESIDENT GRIFFO: Senator
18 DeFrancisco to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 60. Nays,
21 0.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 2132, Senator Libous moves to
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1 discharge, from the Committee on Rules,
2 Assembly Bill Number 8051 and substitute it
3 for the identical Senate Bill Number 3495,
4 Third Reading Calendar 2132.
5 ACTING PRESIDENT GRIFFO:
6 Substitution ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 2132, by Member of the Assembly Bradley,
10 Assembly Print Number 8051, an act to amend
11 the Vehicle and Traffic Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: In relation to
23 Calendar Number 2133, Senator Seward moves to
24 discharge, from the Committee on Rules,
25 Assembly Bill Number 9233 and substitute it
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1 for the identical Senate Bill Number 3841,
2 Third Reading Calendar 2133.
3 ACTING PRESIDENT GRIFFO:
4 Substitution ordered.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 2133, by Member of the Assembly Morelle,
8 Assembly Print Number 9233, an act to amend
9 the Insurance Law.
10 ACTING PRESIDENT GRIFFO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 60.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 THE SECRETARY: In relation to
21 Calendar Number 2134, Senator Golden moves to
22 discharge, from the Committee on Rules,
23 Assembly Bill Number 7129A and substitute it
24 for the identical Senate Bill Number 3967A,
25 Third Reading Calendar 2134.
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1 ACTING PRESIDENT GRIFFO:
2 Substitution ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 2134, by Member of the Assembly Millman,
6 Assembly Print Number 7129A, an act to amend
7 the Executive Law and the Social Services Law.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 13. This
11 act shall take effect on the first of April
12 next succeeding.
13 ACTING PRESIDENT GRIFFO: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 60.
17 ACTING PRESIDENT GRIFFO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 2135, by Senator Thompson, Senate Print 5525,
21 an act relating to certain bonds issued by the
22 City of Buffalo.
23 ACTING PRESIDENT GRIFFO: There
24 is a home-rule message at the desk.
25 Read the last section.
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1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 60.
7 ACTING PRESIDENT GRIFFO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 2136, by Senator Fuschillo, Senate Print
11 5687B, an act to amend the Civil Service Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT GRIFFO: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 60.
20 ACTING PRESIDENT GRIFFO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 2137, by Senator Morahan, Senate Print 6396,
24 an act to amend a chapter of the Laws of 2007,
25 establishing a temporary task force.
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1 ACTING PRESIDENT GRIFFO: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the same date and in
5 the same manner as a chapter of the Laws of
6 2007.
7 ACTING PRESIDENT GRIFFO: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes, 60.
11 ACTING PRESIDENT GRIFFO: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 2138, by Senator DeFrancisco, Senate Print
15 6398, an act to amend a chapter of the Laws of
16 2007, amending the Court of Claims Act.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the same date and in
21 the same manner as a chapter of the Laws of
22 2007.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 59. Nays,
2 1. Senator Saland recorded in the negative.
3 ACTING PRESIDENT GRIFFO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 2139, by Senator Padavan, Senate Print 6403,
7 an act to amend the Civil Service Law.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 2140, by Senator Maltese, Senate Print 6404,
20 an act to amend the Transportation Law.
21 ACTING PRESIDENT GRIFFO: Read
22 the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the same date and in
25 the same manner as a chapter of the Laws of
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1 2007.
2 ACTING PRESIDENT GRIFFO: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 60.
6 ACTING PRESIDENT GRIFFO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 2141, by Senator Marcellino, Senate Print
10 6405, an act to amend a chapter of the Laws of
11 2007, amending the Education Law.
12 ACTING PRESIDENT GRIFFO: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the same date and in
16 the same manner as a chapter of the Laws of
17 2007.
18 ACTING PRESIDENT GRIFFO: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 60.
22 ACTING PRESIDENT GRIFFO: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 2142, by Senator Lanza, Senate Print 6408, an
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1 act to amend the Criminal Procedure Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the same date and in
6 the same manner as a chapter of the Laws of
7 2007.
8 ACTING PRESIDENT GRIFFO: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 60.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 2143, by Senator Larkin, Senate Print 6409, an
16 act to amend the Tax Law.
17 ACTING PRESIDENT GRIFFO: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the same date and in
21 the same manner as a chapter of the Laws of
22 2007.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 60.
2 ACTING PRESIDENT GRIFFO: The
3 bill is passed.
4 THE SECRETARY: In relation to
5 Calendar Number 2144, Senator Klein [sic]
6 moves to discharge, from the Committee on
7 Rules, Assembly Bill Number 7076C and
8 substitute it for the identical Senate Bill
9 Number 6415, Third Reading Calendar 2144.
10 ACTING PRESIDENT GRIFFO: The
11 substitution is so ordered.
12 Calendar Number 2144 will be laid
13 aside temporarily.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 2145, by the Senate Committee on Rules, Senate
17 Print 6418, an act to amend the Public Health
18 Law.
19 ACTING PRESIDENT GRIFFO: Read
20 the last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect on the same date and in
23 the same manner as a chapter of the Laws of
24 2007.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 2146, by Senator Libous, Senate Print 6421, an
8 act to amend the Vehicle and Traffic Law.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the same date and in
13 the same manner as a chapter of the Laws of
14 2007.
15 ACTING PRESIDENT GRIFFO: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 60.
19 ACTING PRESIDENT GRIFFO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 2147, Senator Montgomery moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 1353 and substitute it
25 for the identical Senate Bill Number 3154,
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1 Third Reading Calendar 2147.
2 ACTING PRESIDENT GRIFFO:
3 Substitution ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 2147, by Member of the Assembly Aubertine,
7 Assembly Print Number 1353, an act to amend
8 the Family Court Act.
9 ACTING PRESIDENT GRIFFO: Read
10 the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first of
13 November.
14 ACTING PRESIDENT GRIFFO: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT GRIFFO: Senator
18 Wright, to explain his vote.
19 SENATOR WRIGHT: Thank you,
20 Mr. President.
21 I join Senator Montgomery and
22 encourage the adoption of this legislation.
23 As you may well be aware, for each
24 of the last three years, going back to 2005,
25 we have debated a series of bills attempting
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1 to increase the penalties on individuals who
2 desecrate a cemetery, gravesites, tombstones,
3 et cetera. We unfortunately have not been
4 successful in having any of that legislation
5 adopted within the Assembly.
6 This particular bill is one that
7 has passed the Assembly. And as a result, I
8 encourage and have encouraged members to pass
9 Senator Montgomery's companion bill so in fact
10 we get a result, that we not be preoccupied
11 with sponsorship, minority or majority
12 affiliation, but in fact we get things done
13 for people who need to have issues addressed.
14 And that in fact is what this bill does.
15 I'll be glad to join with Senator
16 Montgomery voting aye. Thank you.
17 ACTING PRESIDENT GRIFFO: Senator
18 Wright to be recorded in the affirmative.
19 Senator Montgomery, to explain her
20 vote.
21 SENATOR MONTGOMERY: Yes, Mr.
22 President. I want to also just thank Senator
23 Wright for joining me in support of this
24 legislation. It's a small bill, but it's a
25 big issue.
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1 And both he and I are in agreement
2 that this is a measure that we think makes a
3 lot of sense, that it requires restitution.
4 And I believe that most of the desecration of
5 cemeteries, or a lot of it, is done by
6 juveniles. And we would like to see them have
7 a form of punishment that is very, very
8 appropriate, and that is that it requires them
9 to do restitution and repair the damage that
10 they caused.
11 So I thank you, Senator Wright, and
12 I thank my colleagues for supporting and
13 certainly I hope that everyone will support
14 this legislation.
15 Thank you, Mr. President.
16 ACTING PRESIDENT GRIFFO: Senator
17 Montgomery to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 60. Nays,
20 0.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 We will now return to Calendar
24 Number 2144.
25 THE SECRETARY: In relation to
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1 Calendar Number 2144, Senator Morahan moves to
2 discharge, from the Committee on Rules,
3 Assembly Bill Number 7076C and substitute it
4 for the identical Senate Bill Number 6415,
5 Third Reading Calendar 2144.
6 ACTING PRESIDENT GRIFFO: The
7 substitution is so ordered.
8 The Secretary will read.
9 THE SECRETARY: Calendar Number
10 2144, by Member of the Assembly N. Rivera,
11 Assembly Print Number 7076C, an act to amend
12 the Public Health Law.
13 ACTING PRESIDENT GRIFFO: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT GRIFFO: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT GRIFFO: The
22 bill is passed.
23 Senator Padavan, that completes the
24 noncontroversial reading of the calendar.
25 SENATOR PADAVAN: Thank you,
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1 Mr. President.
2 May we return to the order of
3 messages from the Governor.
4 ACTING PRESIDENT GRIFFO:
5 Messages from the Governor.
6 The Secretary will read.
7 THE SECRETARY: The Governor
8 returned, without executive approval, Calendar
9 Number 181, Senate Print 3070, by Senator
10 Maziarz, Veto Number 27.
11 ACTING PRESIDENT GRIFFO: Senator
12 Padavan.
13 SENATOR PADAVAN: Mr. President,
14 I move that we lay said bill, as vetoed by the
15 Governor, on the desk.
16 ACTING PRESIDENT GRIFFO: So
17 ordered.
18 Senator Padavan.
19 SENATOR PADAVAN: Mr. President,
20 may we return to the order of motions and
21 resolutions.
22 ACTING PRESIDENT GRIFFO: We will
23 return to motions and resolutions.
24 SENATOR PADAVAN: I move to take
25 from the table Senate Bill Number 3070, as
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1 vetoed by the Governor.
2 ACTING PRESIDENT GRIFFO: So
3 ordered.
4 Senator Padavan.
5 SENATOR PADAVAN: Mr. President,
6 I now move to override the Governor's veto of
7 said bill.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 181, by Senator Maziarz, Senate Print 3070, an
12 act to amend the Workers' Compensation Law:
13 Veto Message 27.
14 ACTING PRESIDENT GRIFFO: Senator
15 Padavan, the bill is before the house.
16 Senators, ought the same become a
17 law notwithstanding the veto of the Governor?
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 6. This
21 act shall take effect immediately.
22 ACTING PRESIDENT GRIFFO: Call
23 the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 60.
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1 ACTING PRESIDENT GRIFFO: The
2 motion to override the Governor's veto is
3 carried.
4 Senator Padavan.
5 SENATOR PADAVAN: There will be
6 an immediate meeting of the Rules Committee,
7 Mr. President.
8 ACTING PRESIDENT GRIFFO: There
9 will be an immediate meeting of the Rules
10 Committee in the Senate Majority Conference
11 Room.
12 The Senate will stand at ease.
13 (Whereupon, the Senate stood at
14 ease at 6:20 p.m.)
15 (Whereupon, the Senate reconvened
16 at 6:25 p.m.)
17 ACTING PRESIDENT GRIFFO: The
18 Senate will come to order.
19 Senator Padavan.
20 SENATOR PADAVAN: Mr. President,
21 I believe we have a report from the Rules
22 Committee at the desk.
23 ACTING PRESIDENT GRIFFO: We do
24 have a report from the Rules Committee at the
25 desk.
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1 The Secretary will read.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, reports the
4 following bill direct to third reading:
5 Assembly Print 9238, by Member of
6 the Assembly Hoyt, an act to amend Chapter 444
7 of the Laws of 1997 amending the General
8 Municipal Law.
9 ACTING PRESIDENT GRIFFO: Senator
10 Padavan.
11 SENATOR PADAVAN: Move to accept
12 the report of the Rules Committee.
13 ACTING PRESIDENT GRIFFO: On the
14 motion, all in favor signify by saying aye.
15 (Response of "Aye.")
16 ACTING PRESIDENT GRIFFO:
17 Opposed, nay.
18 (No response.)
19 ACTING PRESIDENT GRIFFO: The
20 report of the Rules Committee is accepted.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 2120, by Member of the Assembly Hoyt, Assembly
24 Print Number 9238, an act to amend Chapter 444
25 of the Laws of 1997 amending the General
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1 Municipal Law.
2 ACTING PRESIDENT GRIFFO: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT GRIFFO: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 60.
10 ACTING PRESIDENT GRIFFO: Senator
11 Alesi, to explain his vote.
12 SENATOR ALESI: Thank you,
13 Mr. President.
14 I had some initial concerns that
15 this bill would have a negative effect on some
16 local IDAs, not the least of which would be
17 one in my district, the Village of Fairport.
18 We've carefully looked at the bill
19 now, and I am satisfied that those concerns
20 about dismantling those local and very
21 worthwhile active IDAs such as the one that I
22 am concerned about no longer has the potential
23 negative impact that I originally spoke about
24 when I expressed my concerns about this bill.
25 And with that in mind, I think I'm
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1 prepared to move forward in the affirmative in
2 an effort to join my colleagues in improving a
3 system of development that will benefit all of
4 New York State.
5 I will vote in the affirmative.
6 ACTING PRESIDENT GRIFFO: Senator
7 Alesi to be recorded in the affirmative.
8 Announce the results.
9 THE SECRETARY: In relation to
10 Calendar Number 2120, ayes, 59. Nays, 1.
11 Senator Padavan recorded in the negative.
12 ACTING PRESIDENT GRIFFO: The
13 bill is passed.
14 SENATOR PADAVAN: Mr. President,
15 if we could stand at ease just for a couple of
16 seconds, please.
17 ACTING PRESIDENT GRIFFO: The
18 Senate will stand at ease.
19 (Whereupon, the Senate stood at
20 ease at 6:27 p.m.)
21 (Whereupon, the Senate reconvened
22 at 6:28 p.m.)
23 ACTING PRESIDENT GRIFFO: Senator
24 Padavan.
25 SENATOR PADAVAN: Is there any
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1 housekeeping at the desk?
2 ACTING PRESIDENT GRIFFO: There
3 is one item.
4 SENATOR PADAVAN: Calendar Number
5 2129, please recommit that bill to rules.
6 ACTING PRESIDENT GRIFFO: So
7 ordered.
8 There is no other housekeeping at
9 the desk.
10 SENATOR PADAVAN: Mr. President,
11 there will be an immediate meeting of the
12 Majority in the Majority Conference Room
13 immediately after session.
14 ACTING PRESIDENT GRIFFO: There
15 will be an immediate meeting of the Majority
16 conference in the Majority Conference Room
17 following session.
18 SENATOR PADAVAN: There being no
19 further business, I move we adjourn to the
20 call of the Majority Leader, intervening days
21 being legislative days.
22 ACTING PRESIDENT GRIFFO: On
23 motion, the Senate stands adjourned until the
24 call of the Majority Leader, intervening days
25 being legislative days.
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1 SENATOR DILAN: Mr. President,
2 there will also be a meeting of the Minority
3 conference immediately after session.
4 ACTING PRESIDENT GRIFFO: There
5 will also be a meeting of the Minority
6 conference in the Minority Conference Room.
7 The Senate stands adjourned.
8 (Whereupon, at 6:30 p.m., the
9 Senate adjourned.)
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