Regular Session - June 29, 2010
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1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
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6
7
8
9 ALBANY, NEW YORK
10 June 29, 2010
11 1:29 p.m.
12
13
14 REGULAR SESSION
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16
17
18 SENATOR CRAIG M. JOHNSON, Acting President
19 ANGELO J. APONTE, Secretary
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25
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1 P R O C E E D I N G S
2 ACTING PRESIDENT CRAIG JOHNSON:
3 The Senate will please come to order.
4 I ask everyone present to rise and
5 recite with me the Pledge of Allegiance to our
6 Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT CRAIG JOHNSON:
10 In the absence of clergy, may we all bow our
11 heads in a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The reading of the Journal.
16 The Secretary will read.
17 THE SECRETARY: In Senate,
18 Monday, June 28, the Senate met pursuant to
19 adjournment. The Journal of Sunday, June 27,
20 was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Without objection, the Journal stands approved
24 as read.
25 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, on
10 behalf of Senator Savino, I wish to call up
11 Print Number 2311D, recalled from the
12 Assembly, which is now at the desk.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 The Secretary will read the title.
15 THE SECRETARY: Calendar Number
16 196, by Senator Savino, Senate Print 2311D, an
17 act to amend the Labor Law and others.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Klein.
20 SENATOR KLEIN: Mr. President, I
21 now move to reconsider the vote by which this
22 bill was passed.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 The Secretary will call the roll on
25 reconsideration.
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1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 58.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator Klein.
5 SENATOR KLEIN: Mr. President, I
6 now offer the following amendments.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Amendments received.
9 SENATOR KLEIN: I believe there
10 are substitutions at the desk. I ask that we
11 make the substitutions at this time.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 The Secretary will read.
14 THE SECRETARY: On page 5,
15 Senator LaValle moves to discharge, from the
16 Committee on Rules, Assembly Bill Number 6848A
17 and substitute it for the identical Senate
18 Bill Number 3292A, Third Reading Calendar 68.
19 And on page 25, Senator Duane moves
20 to discharge, from the Committee on Rules,
21 Assembly Bill Number 8117B and substitute it
22 for the identical Senate Bill Number 5007A,
23 Third Reading Calendar 900.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 Substitutions ordered.
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1 Senator Klein.
2 SENATOR KLEIN: Mr. President,
3 before we proceed, I just want to recognize
4 this is a very special day for one of our
5 colleagues who we hold near and dear. She is
6 someone I consider a dear friend, and I know
7 all of us do. Today is Shirley Huntley's
8 birthday and anniversary.
9 (Applause.)
10 SENATOR HUNTLEY: Thank you.
11 Thank you. Thank you.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 Congratulations, Senator Huntley, on both the
14 birthday and the anniversary.
15 Senator Klein.
16 SENATOR KLEIN: Mr. President, at
17 this time I move to recall Senate Resolution
18 Number 6298, which was previously adopted. I
19 ask that the resolution be read in its
20 entirety and ask that Senator Parker, when he
21 gets here, be allowed to speak on his
22 resolution.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 The Secretary will read the resolution in its
25 entirety.
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1 THE SECRETARY: By Senator
2 Parker, Legislative Resolution Number 6298,
3 mourning the death of Local 371 President
4 Charles Stephen Ensley, distinguished citizen
5 and devoted member of his community.
6 "WHEREAS, It is the custom of this
7 Legislative Body to pay tribute to citizens of
8 the State of New York whose lifework and civic
9 endeavor serve to enhance the quality of life
10 in their communities and the great State of
11 New York; and
12 "WHEREAS, Charles Ensley died on
13 Friday, June 18, 2010, at the age of 69; and
14 "WHEREAS, President of Local 371
15 for 26 years, Charles Ensley was born in
16 Birmingham, Alabama. He grew up amid the
17 civil rights campaigns of the 1960s, and some
18 of his principles came" --
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Can we please have some order.
21 The Secretary will continue to
22 read.
23 THE SECRETARY: "And WHEREAS,
24 President of Local 371 for 23 years, Charles
25 Ensley was born in Birmingham, Alabama. He
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1 grew up among the civil rights campaigns of
2 the 1960s, and some of his principles came
3 from his father, John, who in the 1950s led
4 African-American workers against brutal
5 opposition in a long battle for equal pay at
6 the Birmingham News; and
7 "WHEREAS, Charles Ensley had
8 unionism, equality and integrity in his DNA.
9 Growing up in Birmingham as the youngest of
10 four children, he learned the importance of
11 individual goals as well as group goals; and
12 "WHEREAS, Charles Ensley graduated
13 from Parker High School, at that time the
14 largest black high school in the country. He
15 later went on to attend Howard University in
16 Washington, D.C.; and
17 "WHEREAS, Charles Ensley soon
18 married, and both he and his wife, Annette,
19 moved to New York City in 1965. He became a
20 caseworker in the Bureau of Child Welfare
21 Bedford-Stuyvesant office, and also provided
22 services in tutoring kids in Harlem and in
23 educating welfare rights groups; and
24 "WHEREAS, In 1982, after a hotly
25 contested election, with more than 70 percent
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1 of the vote Charles Ensley became president of
2 Local 371 and began demanding more democracy
3 and financial accountability in the union; and
4 "WHEREAS, Charles Ensley was an
5 innovative, independent leader with high
6 integrity. Possessing an amazing sense of
7 humor and a quick wit, he fought with vigor
8 and intelligence, and was proud of winning
9 dignity and job protections for his members
10 and never wavered in his steadfast
11 determination to pursue a progressive agenda;
12 and
13 "WHEREAS, Charles Ensley believed
14 that diversity is a major source of the
15 strength of the union. Regardless of race,
16 gender, blue collar or professional, the
17 common ground has been defending the rights of
18 every single union member; and
19 "WHEREAS, Under Charles Ensley's
20 leadership as a tough negotiator, Local 371
21 became the 'Mighty, Mighty Union,' and its
22 membership grew from 9,000 to 17,000 members.
23 He received numerous awards for his work,
24 among them the prestigious Ellis Island Medal
25 of Honor in 2001; and
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1 "WHEREAS, Charles Ensley served on
2 a number of boards, including the AFSCME
3 International Executive Board. He enjoyed
4 jazz, theater, and reading that ranged from
5 Russian literature to the French
6 existentialists, with a particular interest in
7 black history and the development of the black
8 novel. In addition, he was a collector of
9 black art and surrounded himself with some of
10 the well-known and lesser-known artists from
11 around the world; and
12 "WHEREAS, Prior to his death,
13 Charles Ensley asked that everyone,
14 particularly Local 371 members, use time,
15 energy and resources in maintaining the
16 Mighty, Mighty Union. He was a true asset to
17 society; and
18 "WHEREAS, Charles Ensley
19 distinguished himself in his profession and by
20 his sincere dedication and substantial
21 contribution to the welfare of his community;
22 and
23 "WHEREAS, Charles Ensley's
24 commitment to excellence, and his spirit of
25 humanity, carried over into all fields of
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1 enterprise, including charitable and civic
2 endeavors; and
3 "WHEREAS, Charles Ensley is
4 survived by his wife, Annette, his sister,
5 Barbara Jean, his nephews, Bradley and
6 Clarence, his niece, Imani, along with many
7 cousins; and
8 "WHEREAS, Armed with a humanistic
9 spirit, imbued with a sense of compassion, and
10 comforted by a loving family, Charles Ensley's
11 life was a portrait of service, a legacy which
12 will long endure the passage of time and
13 remain as a comforting memory to all he served
14 and befriended; now, therefore, be it
15 "RESOLVED, That this Legislative
16 Body pause in its deliberations to mourn the
17 death of Local 371 President Charles Stephen
18 Ensley, distinguished citizen and devoted
19 member of his community; and be it further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted
22 to the family of Charles Ensley."
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Smith.
25 SENATOR SMITH: Thank you very
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1 much, Mr. President.
2 Colleagues, it is on very rare
3 occasions you have the opportunity to
4 celebrate someone's life. Normally when a
5 person passes, obviously there is remorse,
6 there is concern, your heart is broken, your
7 spirit seems shattered because of the
8 separation of that person's involvement in
9 your life.
10 Charles Ensley was that person.
11 And while my heart is very heavy for someone
12 who had a tremendous amount of integrity, a
13 tremendous amount of independence, leadership,
14 one who regardless of how one felt about a
15 decision that he made, if he gave you his word
16 for something, it was clear.
17 I can remember my first attempts at
18 running for office when I was what you would
19 call an insurgent and every single person was
20 on the other side of the fence from me.
21 Charles Ensley was a person who stood up to
22 not only the powers that be of DC37, but to
23 all other labor supporters, and said "I'm
24 going to be with this person." He took a lot
25 of heat for it, as Senator Savino can tell
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1 you, for years. But he was that kind of a
2 person.
3 But I rise today to say to Charles
4 that I will never forget your friendship, I
5 will never forget what you stood for for the
6 poor people of the City of New York.
7 Most people think union leaders
8 represent those who are working. Yes, that is
9 true. But Charles represented people who were
10 not working. He represented a lot of people
11 who felt as though nobody would speak up for
12 them, and he would at times put his own
13 personal integrity and his leadership of his
14 particular local on the line.
15 I can't tell you of a finer local
16 leader than Charles Ensley. I've known many
17 of them, many of you know them. For those of
18 you who have not had the opportunity to know
19 Charles Ensley, you missed a real special
20 person.
21 This resolution that we're going to
22 adopt today is well worded. But if I had to
23 describe its total explanation of Charles
24 Ensley, I'd say it represents only 10 percent,
25 because the emotion and the spirit of this
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1 individual one could not capture in words.
2 So as I stand here today, I
3 congratulate my colleague Senator Diane Savino
4 for not only this resolution, but thank you
5 for introducing me to Charles. It was because
6 of you that I developed this very special
7 relationship.
8 And I ask all my colleagues that
9 you will say a silent prayer for this
10 individual at some point during your day,
11 because this is a loss to the people of this
12 state, no question about it.
13 And Senator Diane Savino, my heart
14 goes out to you as well, because I know how
15 close you and Charles were.
16 Thank you, Mr. President.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 Thank you, Senator Smith.
19 Senator Parker, on the resolution.
20 SENATOR PARKER: Mr. President,
21 on the resolution.
22 We have not come to bury Charles
23 Ensley today but to celebrate his life. And
24 this was a life certainly worth living. To
25 paraphrase King, it is not where a person
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1 stands in times of comfort but in times of
2 challenge and in times of difficulty in which
3 people are judged.
4 And certainly you found Charles
5 Ensley on the front lines every single time it
6 mattered. Every single time it was important
7 for somebody to stand up and do the right
8 thing, you found Charles Ensley at the front
9 and prepared to do the right thing despite
10 what everybody else said or what anybody else
11 did.
12 Similar to Senator Smith's
13 testimony today, I have a similar testimony in
14 which, when I ran for office and no one was
15 ready to support me, Charles Ensley did the
16 right thing and came forward for me.
17 And I share my condolences to you,
18 Diane, who I know you were very, very close to
19 President Ensley.
20 He was somebody who not only led
21 the members of Local 371 of DC 37 with courage
22 and dignity and a knife-cutting honesty, but
23 somebody who saw himself as a leader of New
24 Yorkers all over the state, particularly
25 working men and women who were trying to just
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1 make a way in the world. And people who
2 didn't have much.
3 You know, the social service
4 workers union is a group of people who work
5 with the least of those in our society. And
6 so he saw both the mission of helping his
7 actual members who were doing the work as well
8 as the clients that they served as his
9 constituency.
10 And I rededicate myself today to
11 those same principles of making sure that
12 every New Yorker, particularly the least of
13 those in our society, are in fact cared for
14 and get the best possible representation they
15 can.
16 We remember and honor the life and
17 legacy of Charles Ensley.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Thank you, Senator Parker.
20 Senator Liz Krueger.
21 SENATOR LIZ KRUEGER: I too want
22 to rise to say that it is a real loss to us
23 all for Charles Ensley no longer being on this
24 earth with us.
25 Like some of my other colleagues, I
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1 knew Charles a long time. I knew him long
2 before I even thought about running for
3 political office. I was running
4 not-for-profit organizations, working on
5 behalf of low-income New Yorkers, working side
6 by side with members of 371 -- sometimes not
7 always being in agreement with 371 and needing
8 to go in and talk to Charles about why what he
9 thought was the right answer for his workers
10 might not have been the right answer for the
11 low-income people of the City of New York who
12 his workers work with day by day.
13 I worked with him to argue against
14 the fundamentally wrong policies of the
15 Giuliani administration during those years,
16 worked with him to improve federal law, state
17 law, government regulations and policies that
18 affected both his workers and millions of
19 people in the City of New York.
20 And he never forgot why he had the
21 job he did, that his job was to represent his
22 members but to represent the fundamental core
23 values of society and government's obligations
24 to help those most in need.
25 And he was an amazing man. And so
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1 hopefully none of us will forget the lessons
2 of Charles Ensley's life and what he actually
3 did for all of us, whether we ever knew him or
4 not.
5 Thank you very much, Mr. President.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Thank you, Senator Liz Krueger.
8 Senator Duane.
9 SENATOR DUANE: Thank you,
10 Mr. President. I also rise to speak in
11 tribute of Charles Ensley.
12 On so many levels he was an amazing
13 man. I want to say, because I don't want to
14 forget this, not least of which was -- I don't
15 want to say discovering, but recognizing,
16 investing in, mentoring, supporting one of the
17 finest elected officials and union leaders I
18 have ever met or worked with, Diane Savino.
19 And so for that alone, he deserves enormous
20 praise.
21 Charles Ensley within his union was
22 a voice of conscience and reason and
23 determination. And he was a person who never
24 forgot the mission of the members of his local
25 and of his union. And that was a combination
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1 of making sure that his workers had the
2 strongest possible voice for their well-being
3 as well as making sure that the mission of
4 their workers was also to serve people.
5 Because the members of that union
6 are the people who are front lines in making
7 life a little bit better and a little bit
8 easier for people who need help. And in fact,
9 for those of us who believe that government
10 can make a difference in people's lives, these
11 are the actual municipal workers who make a
12 difference in people's lives.
13 To listen to Charles Ensley talk
14 about case managers or social workers was --
15 it was a beautiful -- it was wonderful. I had
16 the honor of working on the City Council when
17 he would come and testify, and he was riveting
18 and he was always on point and he was
19 convincing and he was amazing.
20 Some of you know this, many of
21 you -- some of you may know it that, you know,
22 there were various things in the New York City
23 Council that I was known for, and here as
24 well. But the thing that I am most proud of
25 is the thing that I worked on with Charles
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1 Ensley and, frankly, Diane Savino. And that
2 was Local Law 49, which, when former Mayor
3 Giuliani first tried to eliminate the city's
4 Division of AIDS Services, now called HASA --
5 and then, when he failed at doing that, tried
6 to, under the guise of reform, decimate it --
7 we were able to put that part of that agency,
8 that department, into law so no mayor, no one
9 could ever, ever, ever eliminate it or destroy
10 it.
11 And Charles and Diane and people in
12 the activist community -- it was the most
13 amazing thing. And it is the model for how it
14 is that we should provide social services.
15 And though it's now 13 years ago that that law
16 was passed, it is a model for how social
17 services should be provided. And I believe
18 that Charles would agree with that.
19 Loyal, forceful, smart, funny
20 sometimes -- just an amazing, just a giant, a
21 lion in the labor movement for the people of
22 the City of New York and for the people that
23 he represented and for the people that he
24 represented, the people that they helped every
25 day. A tremendous loss.
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1 But I think, as I think about it
2 now, every day that we do something that
3 impacts people through our social services or
4 children and families legislation here, I'm
5 going to think what would Charles do, how
6 would Charles get this done, where he would
7 find common ground.
8 He'll be tremendously missed and
9 not forgotten. And, Diane, I am so sorry for
10 your loss.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Senator Diane Savino.
13 SENATOR SAVINO: Thank you,
14 Mr. President. I am going to try and do this
15 without getting too upset.
16 The person that you heard Senator
17 Parker and Senator Smith and Senator Duane and
18 Senator Krueger talk about and you heard Tommy
19 read about is everything that they said he
20 was. But he's more than that. He is the
21 person who was principally responsible for who
22 I am today and why I'm standing here.
23 He was not just the president of my
24 union -- although he was -- he was my friend,
25 my mentor, in many ways a father to me in a
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1 way my own father wasn't. So that's the
2 personal part of Charles, and that's why it's
3 a tremendous loss to me.
4 But for the people of the City of
5 New York, the people of the State of New York,
6 and more importantly for the labor movement,
7 it is a tremendous loss.
8 You know, we read every day about
9 union leaders -- as a matter of fact, I think
10 the Post did a story this week about the
11 exorbitant salaries of union leaders and how
12 they're not representing their membership.
13 You will never see anything remotely like
14 that --
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Can we please have some order in the chamber.
17 Thank you.
18 SENATOR SAVINO: You will never
19 see anything remotely like that written about
20 Charles Ensley.
21 He was fiercely independent,
22 fiercely proud, and actually had real disdain
23 for those who would abuse the leadership of
24 working people. He had a perverse sense that
25 a union leader should never get too far away
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1 from their membership.
2 And in fact he had a hard and fast
3 rule that as the president of the union,
4 particularly in a civil service union, he
5 would not earn more than his civil service
6 title. And in fact all of us who worked at
7 the union office were in the same position.
8 And he would say, "Girl, if you want a raise,
9 we'll negotiate it at the bargaining table.
10 And if you want a promotion, you take a civil
11 service test."
12 He felt incredibly strongly that
13 union leaders should not get that far away
14 from their members, that you had to live under
15 the contract to really understand what your
16 union members needed. And in an age where
17 union presidents are earning $300,000 a
18 year -- that would never have happened with
19 Charles.
20 He was the person to demand honesty
21 and integrity in his parent union. He was the
22 one who uncovered the scandals at Council 37
23 which led to the administratorship and the
24 eventual jailing of several union leaders for
25 abusing the union's membership. He never gave
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1 up trying to fight to improve Council 37.
2 And his loss is a tremendous loss
3 not just for them, but for all of us. Because
4 over the years, not just at the bargaining
5 table and not just in the halls of government,
6 he recognized his responsibility to improve
7 the lives of the people that he represented as
8 well as the people they served.
9 As I said, he is principally
10 responsible for who I am today. He taught me
11 everything I ever knew about unions, he taught
12 me everything I ever knew about government.
13 And every day -- like you, Tom -- when I look
14 at a problem I find myself saying what would
15 Charles do. And the greatest loss to me right
16 now is I can't call him and ask him.
17 But I know what he would do. And I
18 think we all do. Any of us who were touched
19 by his life would know what Charles would do.
20 And so, as Kevin said, I will commit, every
21 day that I'm in office or in public life, to
22 continue in the tradition of Charles Ensley,
23 who left this world a better place than he
24 found it, left the labor movement a far better
25 place than he found it.
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1 And a voice who is so desperately
2 needed for working people has been silenced.
3 But it won't be as long as people like myself,
4 Kevin, and Liz and Tom and Malcolm, who knew
5 him, who worked with him, will be able to
6 continue his legacy.
7 Thank you.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Thank you, Senator Savino.
10 I ask all members in the chamber to
11 please rise to honor, in a moment of silence,
12 the life of Charles Ensley.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT CRAIG JOHNSON:
16 This resolution was unanimously adopted on
17 June 25th.
18 Senator Serrano.
19 SENATOR SERRANO: Mr. President,
20 at this time I move to recall Senate
21 Resolution Number 6260, which was previously
22 adopted, and I ask that Senator Little be
23 permitted to speak on the resolution.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 I would ask for order in the chamber as
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1 Senator Little honors the passing of former
2 New York State Assemblyman James Preston King.
3 Senator Little.
4 SENATOR LITTLE: Thank you,
5 Mr. President.
6 I rise today and ask all my
7 colleagues to join me as we recognize a
8 lifetime of achievement by James Preston King.
9 He truly was one of the most honorable public
10 servants that I have ever known.
11 And in recognition of his public
12 service, the Government Law Center at Albany
13 Law School in April created the Lifetime
14 Achievement in Public Services Award, awarded
15 it to Jim King, and thereby named that award
16 after him.
17 Jim King was a man of many talents
18 and wore many hats. He had many titles. He
19 was a Marine Corps general of the JAG Corps.
20 He was an Assemblyman who left office in 1995,
21 and I was elected to complete his term. He
22 was a Court of Claims judge. He was chief
23 counsel to the Secretary of State. He was a
24 commissioner on the Lobbying Commission, a
25 member of the Public Integrity Commission. He
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1 was a professor at Siena College and Albany
2 Law School. He was a leader of the band and a
3 trombonist; many of us enjoyed his music at
4 one time or another.
5 But the titles that were most
6 important to him were that of husband -- he
7 was husband to Jane, who predeceased him after
8 47 years of marriage, and to Anne, his wife of
9 the past three years. He was dad to three
10 sons -- his son Jim, in Ticonderoga; his son
11 David, who is a member of the Finance staff of
12 the majority here; and his son Glenn, who
13 works at the Attorney General's office.
14 In all of these things, Jim King
15 was helping other people and always out to do
16 what he could for others, and his entire
17 lifetime was spent doing that in the many
18 roles that he played. But I think, of all the
19 titles that I like the best of Jim King, is
20 that that I can use in talking about him
21 personally, as being a friend.
22 So I thank you for recognizing him
23 today and for honoring his family with a
24 legislative resolution that we have passed and
25 that I will forward to his family.
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1 Thank you very much.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Thank you, Senator Little.
4 Senator Farley, on the resolution.
5 SENATOR FARLEY: Thank you very
6 much, Mr. President.
7 I also rise to support what Senator
8 Little had to say about one of the most
9 remarkable men that I ever met. An incredible
10 person that grew up in modest circumstances,
11 went into the Marine Corps, ended up as a
12 general, the adjutant general, a distinguished
13 lawyer, law professor, Assemblyman, trombone
14 player. He had everything in the -- I never
15 saw anybody that was so diversified in his
16 talents.
17 And not only on top of that, as he
18 served in the Assembly, I don't know anybody
19 that didn't love him. He was the nicest man
20 to work with. From both sides of the aisle,
21 Jim King was respected and loved.
22 He was a wonderful father with an
23 absolutely gorgeous wife and beautiful
24 children. And everything he did, he did well.
25 He served as an Assemblyman in my district,
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1 and it was an absolute joy to work with him.
2 And Jim King, every time you met
3 him or had a dealing with him, you came away
4 feeling good. Jim King is a remarkable man
5 and somebody that really made quite an impact
6 in this world. And I wish he and his family
7 all the best, because they can be very proud
8 of the legacy that their father left.
9 Thank you.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Thank you, Senator Farley.
12 Senator Leibell.
13 SENATOR LEIBELL: Thank you,
14 Mr. President.
15 I just want to echo my colleagues'
16 comments. Having served in the Assembly, I
17 served there with Jim King, and he truly was a
18 remarkable man with a wonderful family.
19 I recall, when my children were
20 young, he and his wife Jane inviting our
21 family to spend a weekend with him up in the
22 district, Betty. And it was a wonderful
23 weekend.
24 He was great with kids but also, as
25 has been noted, a remarkable career of public
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1 service to New York State but also, before
2 that, to this country. He was a fairly senior
3 officer in the Marine Corps when he was
4 serving in Vietnam, and we often talked about
5 his experiences there.
6 He was a great public servant, a
7 great American, and he will be sorely missed.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 Thank you, Senator Leibell.
10 I ask all persons in the chamber to
11 please rise and join me in a moment of silence
12 on the passing of James Preston King.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT CRAIG JOHNSON:
16 Senator Serrano.
17 SENATOR SERRANO: Mr. President,
18 at this time I move to adopt the Resolution
19 Calendar in its entirety.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 All those in favor of adopting the Resolution
22 Calendar in its entirety please signify by
23 saying aye.
24 (Response of "Aye.")
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 Opposed, nay.
2 (No response.)
3 ACTING PRESIDENT CRAIG JOHNSON:
4 The Resolution Calendar is adopted.
5 Senator Serrano.
6 SENATOR SERRANO: Mr. President,
7 at this time can we go to a reading of the
8 calendar.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 239, by Senator Valesky, Senate Print 6718A,
13 an act relating to authorizing.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 A home-rule message is at the desk.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT CRAIG JOHNSON:
20 Call the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT CRAIG JOHNSON:
23 Announce the results.
24 THE SECRETARY: Ayes, 61.
25 ACTING PRESIDENT CRAIG JOHNSON:
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1 The bill is passed.
2 THE SECRETARY: Calendar Number
3 600, by Senator Stewart-Cousins, Senate Print
4 6697, an act to amend the General Municipal
5 Law.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 A home-rule message is here at the desk.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT CRAIG JOHNSON:
12 Call the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT CRAIG JOHNSON:
15 Announce the results.
16 THE SECRETARY: Ayes, 61.
17 ACTING PRESIDENT CRAIG JOHNSON:
18 The bill is passed.
19 THE SECRETARY: Calendar Number
20 807, by Member of the Assembly Perry, Assembly
21 Print Number 3563, an act to amend the
22 Election Law.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Read the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect on the 30th day.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Call the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Announce the results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 807 are
9 Senators Golden, Griffo, Nozzolio, Skelos and
10 Volker. Also Senator Young.
11 Ayes, 55. Nays, 6.
12 ACTING PRESIDENT CRAIG JOHNSON:
13 The bill is passed.
14 THE SECRETARY: Calendar Number
15 929, by Senator Stewart-Cousins, Senate
16 Print --
17 SENATOR LIBOUS: Lay it aside.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 The bill is laid aside.
20 THE SECRETARY: Calendar Number
21 974, by Senator Dilan, Senate Print 3772A, an
22 act to amend the Public Authorities Law.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Read the last section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 Call the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT CRAIG JOHNSON:
6 Announce the results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 974 are
9 Senators DeFrancisco, Flanagan, O. Johnson,
10 LaValle, Leibell, Little, Marcellino,
11 Ranzenhofer, Saland, Skelos, Volker and
12 Winner. Also Senator Larkin. Also Senator
13 Fuschillo. Also Senator Bonacic.
14 Ayes, 46. Nays, 15.
15 ACTING PRESIDENT CRAIG JOHNSON:
16 The bill is passed.
17 THE SECRETARY: Calendar Number
18 1021, by Senator Foley, Senate Print 7263C, an
19 act to amend the Public Service --
20 SENATOR LIBOUS: Lay it aside.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 The bill is laid aside.
23 THE SECRETARY: Calendar Number
24 1196, by Senator --
25 SENATOR SERRANO: Lay the bill
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1 aside for the day, please.
2 ACTING PRESIDENT CRAIG JOHNSON:
3 The bill is laid aside for the day.
4 THE SECRETARY: Calendar Number
5 1197, by Member of the Assembly Pheffer,
6 Assembly Print Number 275A, an act to
7 establish a New York State Automatic
8 Identification Technology Privacy Task Force.
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT CRAIG JOHNSON:
14 Call the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT CRAIG JOHNSON:
17 Announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1197 are
20 Senators DeFrancisco, Farley, Flanagan,
21 Golden, Hannon, O. Johnson, Lanza, Larkin,
22 LaValle, Libous, Little, Marcellino, Maziarz,
23 Ranzenhofer, Seward, Skelos and Winner. Also
24 Senator Saland.
25 Ayes, 43. Nays, 18.
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1 ACTING PRESIDENT CRAIG JOHNSON:
2 The bill is passed.
3 THE SECRETARY: Calendar Number
4 1276, by Senator Adams, Concurrent Resolution
5 of the Senate and Assembly proposing --
6 SENATOR LIBOUS: Lay it aside.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 The bill is laid aside.
9 THE SECRETARY: Calendar Number
10 1286, Senate Budget Bill, Senate Print 6601A,
11 an act --
12 SENATOR SERRANO: Lay the bill
13 aside for the day, please.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The bill is laid aside for the day.
16 Senator Serrano, that completes the
17 noncontroversial calendar.
18 SENATOR SERRANO: Mr. President,
19 can I remove the lay aside for the day on
20 Calendar Number 1196.
21 ACTING PRESIDENT CRAIG JOHNSON:
22 Senator Serrano, we will remove the lay aside
23 for the day on Calendar Number 1196 and call
24 that back up on the noncontroversial calendar.
25 THE SECRETARY: Calendar Number
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1 1196, by Senator Stewart-Cousins, Senate Print
2 7190, an act to provide an apportionment.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT CRAIG JOHNSON:
8 Call the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Senator Robach, to explain his vote.
12 SENATOR ROBACH: Yes, very
13 briefly, Mr. President, to explain my vote.
14 Obviously everyone is always doing
15 what they can to try and benefit their
16 constituents' and students' education. But
17 this clearly should be a budget item.
18 And while in all due respect to the
19 sponsor I understand the need in her
20 community, certainly there are needier
21 communities, others that would like to have
22 the same thing. And I think these are items
23 that should be included in the budget, not
24 done in separate preferential treatment for
25 one group of constituents rather than another.
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1 And so for that reason I am forced
2 to vote in the negative.
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator Robach to be recorded in the negative.
5 Senator Stewart-Cousins, to explain
6 her vote.
7 SENATOR STEWART-COUSINS: Thank
8 you, Mr. President.
9 I certainly rise to thank my
10 colleagues who will support this measure for
11 the children of Yonkers. For however many
12 decades, Yonkers has once and several times
13 implored the state to create a formula that
14 works for Yonkers.
15 Yonkers is in a unique position,
16 neither fish nor fowl. While it is in
17 Westchester County, the population in the
18 school district is qualified for free and
19 reduced lunch. Even Senator Skelos in 2008,
20 in our daily newspaper headline, "Skelos Backs
21 More State Education Money for Yonkers," and
22 said that he would back rewriting the state
23 education funding formula for the city.
24 There was not an easy way to do it,
25 because anything you do triggers things for
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1 other communities. So the superintendent, in
2 conjunction with other leaders in our
3 district, realized that one way to do it was
4 to look at the increased enrollment. And over
5 the past year the enrollment has increased by
6 almost 600 young people, and that's not
7 included in the formula.
8 So whereas the funding had been cut
9 in the City of Yonkers, there had been no
10 consideration for the increase. This allows
11 for consideration going forward for the
12 increase in the student body and the
13 realization that Yonkers indeed is one of the
14 Big Five, is unique, and certainly in this
15 respect should have all of its students
16 counted.
17 So certainly I vote aye.
18 ACTING PRESIDENT CRAIG JOHNSON:
19 Senator Stewart-Cousins to be recorded in the
20 affirmative.
21 Senator Farley, to explain his
22 vote.
23 SENATOR FARLEY: Thank you.
24 Nobody likes to vote against
25 anything for Yonkers. But let me just say
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1 that when we don't even fund libraries for
2 $2 million, we could take some of this money
3 and statewide help the education system for
4 everyone with supporting libraries.
5 I vote no.
6 ACTING PRESIDENT CRAIG JOHNSON:
7 Senator Farley to be recorded in the negative.
8 The Secretary will announce the
9 results.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1196 are
12 Senators Alesi, Bonacic, DeFrancisco, Farley,
13 Flanagan, Fuschillo, Golden, Griffo, Hannon,
14 O. Johnson, Lanza, Larkin, LaValle, Leibell,
15 Libous, Little, Marcellino, Maziarz, McDonald,
16 Nozzolio, Padavan, Ranzenhofer, Robach,
17 Saland, Seward, Skelos, Volker, Winner and
18 Young.
19 Ayes, 32. Nays, 29.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 Senator Saland, to explain his vote.
22 I apologize, Senator Saland.
23 SENATOR SALAND: Thank you,
24 Mr. President. I merely wanted to make
25 comment to the fact that Yonkers already
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1 receives an enhancement grant that none of the
2 other Big Four receive, somewhere in the
3 area -- I believe it might be somewhere in the
4 area as much as $17 million.
5 So there certainly has been a
6 recognition in the monies that have been
7 driven under the existing education formula to
8 the particular needs of the City of Yonkers.
9 Thank you, Mr. President.
10 ACTING PRESIDENT CRAIG JOHNSON:
11 Thank you, Senator Saland. You were recorded
12 in the negative.
13 We announced the results: 32-29.
14 The bill is passed.
15 Senator Serrano, now that completes
16 the noncontroversial calendar.
17 SENATOR SERRANO: Thank you,
18 Mr. President. At this time can we go to a
19 controversial reading of the calendar.
20 ACTING PRESIDENT CRAIG JOHNSON:
21 The Secretary will ring the bell. Members are
22 all asked to come to the chamber for a reading
23 of the controversial calendar.
24 The Secretary will read.
25 THE SECRETARY: Calendar Number
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1 929, by Senator Stewart-Cousins, Senate Print
2 7962C, an act to amend the General Municipal
3 Law.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 Are there any Senators wishing to be heard on
6 the bill?
7 Seeing none, the debate is closed.
8 The Secretary will please ring the bells.
9 ACTING PRESIDENT SAVINO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SAVINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT SAVINO:
17 Announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 929 are
20 Senators Alesi, Bonacic, DeFrancisco, Farley,
21 Flanagan, Fuschillo, Golden, Griffo, Hannon,
22 O. Johnson, Lanza, Larkin, LaValle, Leibell,
23 Libous, Little, Marcellino, Maziarz, McDonald,
24 Nozzolio, Padavan, Ranzenhofer, Robach,
25 Saland, Seward, Skelos, Volker, Winner and
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1 Young.
2 Ayes, 32. Nays, 29.
3 ACTING PRESIDENT SAVINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1021, by Senator Foley, Senate Print --
7 SENATOR SERRANO: Madam
8 President, could we lay that bill aside
9 temporarily.
10 ACTING PRESIDENT SAVINO: The
11 bill is laid aside temporarily.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 1276, by Senator Adams, Senate Print 8119A,
15 Concurrent Resolution of the Senate and
16 Assembly proposing an amendment to Section 9
17 of Article 1 of the Constitution.
18 ACTING PRESIDENT SAVINO: Are
19 there any Senators wishing to be heard?
20 Seeing none, debate is closed. The
21 Secretary will ring the bells.
22 Senator Padavan.
23 SENATOR PADAVAN: When we get to
24 that point, I'd like to explain my vote,
25 please.
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1 ACTING PRESIDENT SAVINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT SAVINO:
5 Senator Padavan, to explain his vote.
6 SENATOR PADAVAN: Thank you,
7 Madam President.
8 There's an old adage that you know
9 the session is going to end when there's a
10 gambling bill that's before us. And here we
11 are again, as we have been for decades now,
12 with some additional type of gambling venue
13 imposed upon the people of this state.
14 And I'm just simply going to
15 explain my vote because we could go on by the
16 hour in terms of talking about this issue.
17 Here's where we are. We are the
18 state in this great nation with the greatest
19 number of problem and compulsive gamblers,
20 over a million people. We are a state that
21 gambles somewhere in excess of over
22 $50 billion annually in all of the various
23 venues that are out there. We are the
24 "Gambling State" and no longer the Empire
25 State.
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1 Why has that happened? Year after
2 year a new gambling idea -- it began with the
3 lottery in the '60s, an annual event,
4 semiannual, and now every minute, depending on
5 how fast you can scratch off a card. Super
6 Lotto, Quick Draw, VLTs at racetracks, Indian
7 casinos. On a per capita basis, we gamble
8 more in New York State than any state
9 including Nevada.
10 And that's money that's sucked
11 right out of the economy. And if you don't
12 think there's a price to pay for it, there is.
13 In social services, in criminality, in
14 disruption in local communities wherever these
15 venues are.
16 There are all kinds of studies all
17 over the country, including in New York by the
18 New York State Council on Problem Gambling,
19 that tell us the more opportunities you have,
20 the more problems you create. And this
21 amendment, if it ever became reality,
22 constitutional amendment, would just be one
23 more opportunity building upon all the others
24 that have brought us to this state we're in.
25 And I will be voting no.
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1 ACTING PRESIDENT SAVINO: Senator
2 Padavan to be recorded in the negative.
3 Are there any other Senators
4 wishing to explain their vote?
5 Seeing none, announce the results.
6 THE SECRETARY: Those recorded in
7 the negative on Calendar Number 1276 are
8 Senators Diaz, Duane, Hannon, L. Krueger,
9 LaValle, Leibell, Marcellino, Padavan,
10 Ranzenhofer, Robach, Saland, Skelos and
11 Volker. Also Senator Alesi.
12 Ayes, 47. Nays, 14.
13 ACTING PRESIDENT SAVINO: The
14 amendment passes.
15 THE SECRETARY: Calendar Number
16 1286, Senate Budget Bill, Senate Print 6601A,
17 an act making appropriations for the support
18 of government.
19 SENATOR SERRANO: Could we lay
20 that bill aside for the day.
21 ACTING PRESIDENT SAVINO: The
22 bill is laid aside for the day.
23 Senator Serrano.
24 SENATOR SERRANO: Madam
25 President, there will be an immediate meeting
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1 of the Rules Committee in Room 332.
2 Pending the return of the Rules
3 Committee, can we please stand at ease.
4 ACTING PRESIDENT SAVINO: There
5 will be an immediate meeting of the Rules
6 Committee in Room 332.
7 Pending the return of the Rules
8 Committee, the Senate stands at ease.
9 (Whereupon, the Senate stood at
10 ease at 2:30 p.m.)
11 (Whereupon, the Senate reconvened
12 at 3:32 p.m.)
13 ACTING PRESIDENT SAVINO: Senator
14 Klein.
15 SENATOR KLEIN: Madam President,
16 I believe there's a Rules report at the desk.
17 I move that we adopt the report at this time.
18 ACTING PRESIDENT SAVINO: Senator
19 Klein, there is a report of the Rules
20 Committee at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Smith,
23 from the Committee on Rules, reports the
24 following bills:
25 Senate Print 754, by Senator
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1 Breslin, an act to amend the General Business
2 Law;
3 1385, by Senator Duane, an act to
4 amend the Elder Law;
5 2208B, by Senator Diaz, an act to
6 amend the Elder Law;
7 2361C, by Senator Parker, an act to
8 amend the General Business Law;
9 2809, by Senator Morahan, an act to
10 amend the Tax Law;
11 3182A, by Senator Marcellino, an
12 act to authorize;
13 3317A, by Senator Oppenheimer, an
14 act to amend the Administrative Code of the
15 City of New York;
16 3430, by Senator Breslin, an act to
17 amend Chapter 415 of the Laws of 1913;
18 4786A, by Senator L. Krueger, an
19 act to amend the Insurance Law;
20 5108, by Senator Savino, an act to
21 amend the Workers' Compensation Law;
22 5388A, by Senator Squadron, an act
23 to amend the Public Authorities Law;
24 5439B, by Senator Valesky, an act
25 to amend the Racing, Pari-Mutuel Wagering and
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1 Breeding Law;
2 5768, by Senator Schneiderman, an
3 act to amend the Business Corporation Law;
4 5794A, by Senator Oppenheimer, an
5 act to amend the Agriculture and Markets Law;
6 6418A, by Senator C. Johnson, an
7 act to amend the Penal Law;
8 6432, by Senator Skelos, an act to
9 amend Chapter 846 of the Laws of 1970;
10 6726, by Senator Stachowski, an act
11 to amend the Limited Liability Company Law;
12 6832A, by Senator O. Johnson, an
13 act to amend Chapter 572 of the Laws of 1994;
14 6932, by Senator Montgomery, an act
15 to amend the Social Services Law;
16 6977, by Senator Larkin, an act to
17 amend the Criminal Procedure Law;
18 6990B, by Senator Aubertine, an act
19 to create;
20 7282, by Senator LaValle, an act
21 designating;
22 7410B, by Senator Espada, an act to
23 amend the General Business Law;
24 7462A, by Senator Perkins, an act
25 to amend Chapter 174 of the Laws of 1968;
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1 8255, by Senator C. Kruger, an act
2 to amend the Tax Law;
3 8349, by Senator Parker, an act to
4 amend the General Municipal Law;
5 8372, by Senator Klein, an act to
6 amend the Education Law;
7 8380, by Senator Savino, an act to
8 amend the Labor Law;
9 8390, by Senator Hassell-Thompson,
10 an act to amend the Domestic Relations Law;
11 And Senate Print 8357, by Senator
12 Smith, an act to amend the Transportation Law.
13 All bills ordered direct to third
14 reading.
15 ACTING PRESIDENT SAVINO: All
16 those in favor of adopting the Rules Committee
17 report please signify by saying aye.
18 (Response of "Aye.")
19 ACTING PRESIDENT SAVINO:
20 Opposed, nay.
21 (No response.)
22 ACTING PRESIDENT SAVINO: The
23 Rules Committee report is adopted.
24 Senator Klein.
25 SENATOR KLEIN: Thank you, Madam
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1 President.
2 At this time can we please go to a
3 reading of the supplemental calendar.
4 ACTING PRESIDENT SAVINO: The
5 Secretary will proceed with a reading of the
6 supplemental calendar.
7 THE SECRETARY: In relation to
8 Calendar Number 1294, Senator Duane moves to
9 discharge, from the Committee on Aging,
10 Assembly Bill Number 3956 and substitute it
11 for the identical Senate Bill Number 1385,
12 Third Reading Calendar 1294.
13 SENATOR PADAVAN: Lay it aside.
14 ACTING PRESIDENT SAVINO:
15 Substitution ordered.
16 The bill is laid aside.
17 THE SECRETARY: Calendar Number
18 1295, by Senator Diaz, Senate Print 2208B, an
19 act to amend the Elder Law.
20 ACTING PRESIDENT SAVINO: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 90th day.
24 ACTING PRESIDENT SAVINO: Call
25 the roll.
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1 (The Secretary called the roll.)
2 ACTING PRESIDENT SAVINO:
3 Senator DeFrancisco, to explain his vote.
4 SENATOR DeFRANCISCO: I'm voting
5 no. Not because I don't have the greatest
6 respect for senior citizens, since I am one,
7 but the fact that this is a task force,
8 another task force. We seem to have a run on
9 task force bills in the last couple of weeks.
10 We're in a budget situation that is
11 very dire, and there seems to be more need for
12 financial restraint, and that's why I'm voting
13 no. Thank you.
14 ACTING PRESIDENT SAVINO: Senator
15 DeFrancisco to be recorded in the negative.
16 Senator Saland, to explain his
17 vote.
18 SENATOR SALAND: Thank you, Madam
19 President.
20 Madam President, this bill is
21 strangely similar -- in fact, identical -- to
22 a bill which I had passed I believe in 2008.
23 And at that time the Governor vetoed it
24 because of the fiscal.
25 And however dire our situation was
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1 then, it's even more dire now. I believe the
2 fiscal impact is somewhere in the area of
3 $400,000. It's not provided for in the
4 budget.
5 And it's with great reluctance that
6 I find myself constrained to vote against a
7 bill that I had previously introduced and
8 carried, basically on the simple fact and
9 premise that it's not provided for in the
10 fiscal plan, it's definitely going to be
11 vetoed.
12 And I would hope there would be a
13 time and a place in which we can accomplish
14 this, but this certainly is not going to be
15 the time or the place.
16 Thank you, Madam President.
17 ACTING PRESIDENT SAVINO: Senator
18 Saland to be recorded in the negative.
19 Are there any other Senators
20 wishing to explain their vote?
21 Announce the results.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 1295 are
24 Senators DeFrancisco, Flanagan, O. Johnson,
25 Little, Ranzenhofer, Saland, Skelos, Winner
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1 and Young.
2 Ayes, 52. Nays, 9.
3 ACTING PRESIDENT SAVINO: The
4 bill is passed.
5 THE SECRETARY: In relation to
6 Calendar Number 1296, Senator Parker moves to
7 discharge, from the Committee on Rules,
8 Assembly Bill Number 1558C and substitute it
9 for the identical Senate Bill Number 2361C,
10 Third Reading Calendar 1296.
11 ACTING PRESIDENT SAVINO:
12 Substitution ordered.
13 THE SECRETARY: Calendar Number
14 1296, by Member of the Assembly Gianaris,
15 Assembly Print Number 1558C, an act to amend
16 the General Business Law.
17 ACTING PRESIDENT SAVINO: Read
18 the last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect on the 150th day.
21 ACTING PRESIDENT SAVINO: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT SAVINO:
25 Announce the results.
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 1296 are
3 Senators DeFrancisco, Farley, Flanagan,
4 Fuschillo, Golden, O. Johnson, Maziarz,
5 Ranzenhofer, Saland, Skelos and Young.
6 Ayes, 50. Nays, 11.
7 ACTING PRESIDENT SAVINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1297, by Senator Morahan, Senate Print 2809,
11 an act to amend the Tax Law.
12 ACTING PRESIDENT SAVINO: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 60th day.
16 ACTING PRESIDENT SAVINO: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT SAVINO:
20 Announce the results.
21 THE SECRETARY: Ayes, 61.
22 ACTING PRESIDENT SAVINO: The
23 bill is passed.
24 THE SECRETARY: In relation to
25 Calendar Number 1298, Senator Marcellino moves
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1 to discharge, from the Committee on Rules,
2 Assembly Bill Number 6742A and substitute it
3 for the identical Senate Bill Number 3182A,
4 Third Reading Calendar 1298.
5 ACTING PRESIDENT SAVINO:
6 Substitution ordered.
7 THE SECRETARY: Calendar Number
8 1298, by Member of the Assembly Conte,
9 Assembly Print Number 6742A, an act to
10 authorize payment.
11 ACTING PRESIDENT SAVINO: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT SAVINO: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT SAVINO:
19 Announce the results.
20 THE SECRETARY: Ayes, 61.
21 ACTING PRESIDENT SAVINO: The
22 bill is passed.
23 THE SECRETARY: In relation to
24 Calendar Number 1299, Senator Oppenheimer
25 moves to discharge, from the Committee on
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1 Housing, Construction and Community
2 Development, Assembly Bill Number 2365A and
3 substitute it for the identical Senate Bill
4 Number 3317A, Third Reading Calendar 1299.
5 ACTING PRESIDENT SAVINO:
6 Substitution ordered.
7 THE SECRETARY: Calendar Number
8 1299, by Member of the Assembly O'Donnell,
9 Assembly Print Number 2365A --
10 SENATOR HANNON: Lay it aside.
11 ACTING PRESIDENT SAVINO: The
12 bill is laid aside.
13 THE SECRETARY: In relation to
14 Calendar Number 1300, Senator Breslin moves to
15 discharge, from the Committee on Rules,
16 Assembly Bill Number 6420 and substitute it
17 for the identical Senate Bill Number 3430,
18 Third Reading Calendar 1300.
19 ACTING PRESIDENT SAVINO:
20 Substitution ordered.
21 THE SECRETARY: Calendar Number
22 1300, by Member of the Assembly Weisenberg,
23 Assembly Print Number 6420, an act to amend
24 Chapter 415 of the Laws of 1913.
25 ACTING PRESIDENT SAVINO: Read
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1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT SAVINO: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT SAVINO:
8 Announce the results.
9 THE SECRETARY: Ayes, 61.
10 ACTING PRESIDENT SAVINO: The
11 bill is passed.
12 THE SECRETARY: In relation to
13 Calendar Number 1301, Senator L. Krueger moves
14 to discharge, from the Committee on Rules,
15 Assembly Bill Number 5653A and substitute it
16 for the identical Senate Bill Number 4786A,
17 Third Reading Calendar 1301.
18 ACTING PRESIDENT SAVINO:
19 Substitution ordered.
20 THE SECRETARY: Calendar Number
21 1301, by Member of the Assembly Rosenthal,
22 Assembly Print Number 5653A, an act to amend
23 the Insurance Law.
24 ACTING PRESIDENT SAVINO: Read
25 the last section.
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1 SENATOR HANNON: Lay it aside.
2 ACTING PRESIDENT SAVINO: The
3 bill is laid aside.
4 THE SECRETARY: In relation to
5 Calendar Number 1302, Senator Savino moves to
6 discharge, from the Committee on Rules,
7 Assembly Bill Number 619 and substitute it for
8 the identical Senate Bill Number 5108, Third
9 Reading Calendar 1302.
10 ACTING PRESIDENT SAVINO:
11 Substitution ordered.
12 THE SECRETARY: Calendar Number
13 1302, by Member of the Assembly Kavanagh,
14 Assembly Print Number 619, an act to amend the
15 Workers' Compensation Law.
16 ACTING PRESIDENT SAVINO: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day.
20 ACTING PRESIDENT SAVINO: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT SAVINO:
24 Announce the results.
25 THE SECRETARY: In relation to
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1 Calendar Number 1302: Ayes, 59. Nays, 2.
2 Senators DeFrancisco and Ranzenhofer recorded
3 in the negative.
4 ACTING PRESIDENT SAVINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1303, by Senator Squadron, Senate Print 5388A,
8 an act to amend the Public Authorities Law.
9 ACTING PRESIDENT SAVINO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SAVINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT SAVINO:
17 Announce the results.
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 1303 are
20 Senators DeFrancisco, Farley, O. Johnson,
21 Little, Marcellino, Ranzenhofer, Skelos,
22 Volker, Winner and Young.
23 Ayes, 51. Nays, 10.
24 ACTING PRESIDENT SAVINO: The
25 bill is passed.
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1 THE SECRETARY: Calendar Number
2 1304, by Senator Valesky, Senate Print 5439B,
3 an act to amend the Racing, Pari-Mutuel
4 Wagering and Breeding Law.
5 ACTING PRESIDENT SAVINO: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT SAVINO: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT SAVINO:
13 Announce the results.
14 THE SECRETARY: Ayes, 61.
15 ACTING PRESIDENT SAVINO: The
16 bill is passed.
17 THE SECRETARY: In relation to
18 Calendar Number 1306, Senator Oppenheimer
19 moves to discharge, from the Committee on
20 Agriculture, Assembly Bill Number 600B and
21 substitute it for the identical Senate Bill
22 Number 5794A, Third Reading Calendar 1306.
23 ACTING PRESIDENT SAVINO:
24 Substitution ordered.
25 THE SECRETARY: Calendar Number
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1 1306, by Member of the Assembly Cahill,
2 Assembly Print Number 600B, an act to amend
3 the Agriculture and Markets Law.
4 ACTING PRESIDENT SAVINO: Read
5 the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect on the 60th day.
8 ACTING PRESIDENT SAVINO: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT SAVINO:
12 Announce the results.
13 THE SECRETARY: Ayes, 61.
14 ACTING PRESIDENT SAVINO: The
15 bill is passed.
16 THE SECRETARY: Excuse me. In
17 relation to Calendar Number 1306: Ayes, 60.
18 Nays, 1. Senator Aubertine recorded in the
19 negative.
20 ACTING PRESIDENT SAVINO: The
21 bill is still passed.
22 THE SECRETARY: Calendar Number
23 1307, by Senator C. Johnson, Senate Print
24 6418A, an act to amend the Penal Law.
25 ACTING PRESIDENT SAVINO: Read
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1 the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect September 1, 2010.
4 ACTING PRESIDENT SAVINO: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT SAVINO: Senator
8 Johnson, to explain his vote.
9 SENATOR CRAIG JOHNSON: Thank you
10 very much, Madam President.
11 We have a crisis throughout the
12 state, but in particular -- and I know my
13 colleagues from Long Island know all too
14 well -- we have a real crisis of children
15 dying as a result of overdoses of drugs, in
16 particular heroin.
17 The bill that you have before you
18 today, a bipartisan bill cosponsored by my
19 friends Chuck Fuschillo and Jeffrey Klein,
20 Brian Foley, Eric Adams, Darryl Aubertine, Tom
21 Morahan, George Onorato and Mike Ranzenhofer,
22 will start the process of punishing those who
23 kill our children with drugs.
24 I notice that there is some
25 opposition. I would urge my colleagues who
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7230
1 oppose this bill to reverse that decision and
2 support us. It is time to treat those who
3 kill our children with drugs as the murderers
4 that they are. We have to stop the madness.
5 We have to stop the murder of our children
6 when it comes to heroin and other drugs.
7 I vote yes, Madam President. Thank
8 you.
9 ACTING PRESIDENT SAVINO: Senator
10 C. Johnson to be recorded in the affirmative.
11 Are there any other Senators who
12 wishing to explain their vote?
13 Announce the results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1307 are
16 Senators Duane, Hassell-Thompson and
17 Montgomery.
18 Ayes, 58. Nays, 3.
19 ACTING PRESIDENT SAVINO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1308, Senator Skelos moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 9750 and substitute it
25 for the identical Senate Bill Number 6432,
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1 Third Reading Calendar 1308.
2 ACTING PRESIDENT SAVINO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1308, by Member of the Assembly Weisenberg,
6 Assembly Print Number 9750, an act to amend
7 Chapter 846 of the Laws of 1970.
8 ACTING PRESIDENT SAVINO: There
9 is a home-rule message at the desk.
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SAVINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT SAVINO:
17 Announce the results.
18 THE SECRETARY: Ayes, 61.
19 ACTING PRESIDENT SAVINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1309, by Senator Stachowski, Senate Print
23 6726, an act to amend the Limited Liability
24 Company Law.
25 ACTING PRESIDENT SAVINO: Read
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1 the last section.
2 THE SECRETARY: Section 7. This
3 act shall take effect immediately.
4 ACTING PRESIDENT SAVINO: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT SAVINO: Senator
8 Bonacic, to explain his vote.
9 SENATOR BONACIC: I'll be brief.
10 I should have asked Senator Stachowski the
11 question.
12 I think there's confusion in this
13 legislation in the definition of what is small
14 profit as opposed to a profit company and a
15 not-for-profit company. And there is no
16 definition that I can see in the legislation
17 that will defines "low profit." And that's
18 going to create confusion and problems with
19 the different kinds of companies.
20 For that reason, I'm going to vote
21 no and hope that the sponsor eventually clears
22 this up.
23 ACTING PRESIDENT SAVINO: Senator
24 Bonacic to be recorded in the negative.
25 Are there any other Senators
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1 wishing to explain their vote?
2 Announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 1309 are
5 Senators Bonacic, DeFrancisco, Flanagan,
6 Golden, Leibell, Little, Nozzolio, Saland,
7 Skelos, Winner and Young.
8 Ayes, 50. Nays, 11.
9 ACTING PRESIDENT SAVINO: The
10 bill is passed.
11 THE SECRETARY: In relation to
12 Calendar Number 1310, Senator O. Johnson moves
13 to discharge, from the Committee on Health,
14 Assembly Bill Number 9999A and substitute it
15 for the identical Senate Bill Number 6832A,
16 Third Reading Calendar 1310.
17 ACTING PRESIDENT SAVINO:
18 Substitution ordered.
19 THE SECRETARY: Calendar Number
20 1310, by Member of the Assembly Sweeney,
21 Assembly Print Number 9999A, an act to amend
22 Chapter 572 of the Laws of 1994.
23 ACTING PRESIDENT SAVINO: Read
24 the last section.
25 THE SECRETARY: Section 2. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT SAVINO: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT SAVINO:
6 Announce the results.
7 THE SECRETARY: Ayes, 61.
8 ACTING PRESIDENT SAVINO: The
9 bill is passed.
10 THE SECRETARY: In relation to
11 Calendar Number 1311, Senator Montgomery moves
12 to discharge, from the Committee on Health,
13 Assembly Bill Number 5681A and substitute it
14 for the identical Senate Bill Number 6932,
15 Third Reading Calendar 1311.
16 ACTING PRESIDENT SAVINO:
17 Substitution ordered.
18 SENATOR PADAVAN: Lay it aside.
19 ACTING PRESIDENT SAVINO: The
20 bill is laid aside.
21 THE SECRETARY: In relation to
22 Calendar Number 1312, Senator Larkin moves to
23 discharge, from the Committee on Codes,
24 Assembly Bill Number 10005 and substitute it
25 for the identical Senate Bill Number 6977,
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1 Third Reading Calendar 1312.
2 ACTING PRESIDENT SAVINO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1312, by Member of the Assembly Calhoun,
6 Assembly Print Number 10005, an act to amend
7 the Criminal Procedure Law.
8 ACTING PRESIDENT SAVINO: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT SAVINO: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT SAVINO:
16 Announce the results.
17 THE SECRETARY: Ayes, 60. Nays,
18 1. Senator Duane recorded in the negative.
19 ACTING PRESIDENT SAVINO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1313, Senator Aubertine moves
23 to discharge, from the Committee on Rules,
24 Assembly Bill Number 10027B and substitute it
25 for the identical Senate Bill Number 6990B,
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1 Third Reading Calendar 1313.
2 ACTING PRESIDENT SAVINO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1313, by Member of the Assembly Brodsky,
6 Assembly Print Number 10027B, an act to create
7 a temporary New York State War of 1812 200th
8 Anniversary Commemoration Commission.
9 ACTING PRESIDENT SAVINO: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SAVINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT SAVINO: Senator
17 Maziarz, to explain his vote.
18 SENATOR MAZIARZ: Madam
19 President, to very briefly explain my vote.
20 I think this is a very good bill.
21 We did pass this bill one other time, and the
22 Governor vetoed it. I hope he doesn't do that
23 again, because this is a very important moment
24 in New York State history and the history of
25 our great country.
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1 And one of the most important
2 battles took place at Fort Niagara in Niagara
3 County, and we need this bill.
4 Thank you. I vote in the
5 affirmative.
6 ACTING PRESIDENT SAVINO: Senator
7 Marcellino to be recorded in the affirmative.
8 Senator Farley, to explain his
9 vote.
10 SENATOR FARLEY: Yes, in support
11 of this bill, I think Senator Aubertine knows
12 it's Sackets Harbor, a very famous War of 1812
13 battle where many, many Americans lost their
14 lives, and a very significant battle -- it's
15 almost as significant, if not more so, than
16 that battle in Niagara --
17 SENATOR MARCELLINO: Not more so.
18 SENATOR FARLEY: But I vote aye.
19 ACTING PRESIDENT SAVINO: Senator
20 Farley to be recorded in the affirmative.
21 Senator Volker, to explain his
22 vote.
23 SENATOR VOLKER: Yeah, very
24 quickly, Madam President. This is a very good
25 bill.
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1 They burned Buffalo in 1811 and
2 then 1812 during the War of 1812. And there
3 was a lot of history really all through the
4 area around the Great Lakes. But of course,
5 as Senator Aubertine is going to show in this
6 commission, there was a lot of activity in the
7 North Country also.
8 But it is a very good bill, and we
9 are in Western New York planning on a lot of
10 celebration at the time. The biggest thing is
11 we're going to try to make sure Buffalo
12 doesn't burn again.
13 I vote aye.
14 ACTING PRESIDENT SAVINO: Senator
15 Volker to be recorded in the affirmative.
16 Announce the results.
17 THE SECRETARY: Ayes, 61. Nays,
18 0.
19 ACTING PRESIDENT SAVINO: The
20 bill is passed.
21 THE SECRETARY: In relation to
22 Calendar Number 1314, Senator LaValle moves to
23 discharge, from the Committee on Rules,
24 Assembly Bill Number 10466 and substitute it
25 for the identical Senate Bill Number 7282,
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1 Third Reading Calendar 1314.
2 ACTING PRESIDENT SAVINO:
3 Substitution ordered.
4 THE SECRETARY: Calendar Number
5 1314, by Member of the Assembly Thiele,
6 Assembly Print Number 10466, an act
7 designating state-owned lands.
8 ACTING PRESIDENT SAVINO: Senator
9 LaValle, to explain his vote.
10 SENATOR LaVALLE: Thank you,
11 Madam President.
12 This legislation would set aside a
13 small piece in the hamlet of Westhampton in
14 the town of Southampton in the name of Edwin
15 'Buzz' Schwenk.
16 Buzz Schwenk was born and lived in
17 the town of Southampton until his death about
18 a year ago. He was a businessman, he headed
19 the Business Alliance and then headed the Long
20 Island Housing Partnership. He was very much
21 involved in development.
22 And then one day there was an
23 epiphany where Buzz Schwenk came and said,
24 "You know, I was born, I've lived in
25 Southampton, and we've got to preserve the
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1 Pine Barrens in Southampton."
2 He joined with Assemblyman Tom
3 DiNapoli at the time to be part of a working
4 group that developed the Pine Barrens
5 Preservation Act preserving 100,000 acres.
6 And to his death, he wanted to make sure that
7 the Town of Southampton had open space that
8 was preserved. So he went from a
9 nonenvironmentalist to an environmentalist and
10 a preservationist of the land.
11 I vote in the affirmative, Madam
12 President.
13 ACTING PRESIDENT SAVINO: Senator
14 LaValle will be recorded in the affirmative.
15 The Secretary will read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT SAVINO: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 61.
23 ACTING PRESIDENT SAVINO: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 1315, by Senator Espada, Senate Print 7410B,
2 an act to amend the General Business Law.
3 ACTING PRESIDENT SAVINO: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SAVINO: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT SAVINO:
11 Announce the results.
12 THE SECRETARY: Ayes, 61.
13 ACTING PRESIDENT SAVINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1316, by Senator Perkins, Senate Print 7462A,
17 an act to amend Chapter 174 of the Laws of
18 1968.
19 ACTING PRESIDENT SAVINO: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT SAVINO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT SAVINO:
2 Announce the results.
3 THE SECRETARY: Ayes, 61.
4 ACTING PRESIDENT SAVINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1317, by Senator C. Kruger, Senate Print 8255,
8 an act to amend the Tax Law and the
9 Administrative Code of the City of New York.
10 ACTING PRESIDENT SAVINO: Read
11 the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT SAVINO: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT SAVINO:
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT SAVINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1318, by Senator Parker, Senate Print --
24 SENATOR KLEIN: Lay the bill
25 aside for the day, please.
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1 ACTING PRESIDENT SAVINO: The
2 bill is laid aside for the day.
3 THE SECRETARY: Calendar Number
4 1319, by Senator Klein, Senate Print 8372, an
5 act to amend the Education Law.
6 ACTING PRESIDENT SAVINO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT SAVINO: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT SAVINO:
14 Announce the results.
15 THE SECRETARY: Ayes, 60. Nays,
16 1. Senator Duane recorded in the negative.
17 ACTING PRESIDENT SAVINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1320, by Senator Savino, Senate Print 8380, an
21 act to amend the Labor Law.
22 ACTING PRESIDENT SAVINO: The
23 bill is high and will be laid aside for the
24 day.
25 THE SECRETARY: Calendar Number
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1 1321, by Senator Hassell-Thompson, Senate
2 Print 8390, an act to amend the Domestic
3 Relations Law.
4 ACTING PRESIDENT SAVINO: The
5 bill is high. It will be laid aside for the
6 day.
7 THE SECRETARY: Calendar Number
8 1322, by Senator Smith, Senate Print 8357, an
9 act to amend the Transportation Law.
10 ACTING PRESIDENT SAVINO: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT SAVINO: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT SAVINO:
18 Announce the results.
19 THE SECRETARY: Ayes, 61.
20 ACTING PRESIDENT SAVINO: The
21 bill is passed.
22 Senator Klein, that completes the
23 reading of the noncontroversial supplemental
24 calendar.
25 SENATOR KLEIN: Madam President,
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1 at this time can we please go to a reading of
2 the controversial supplemental calendar.
3 ACTING PRESIDENT SAVINO: The
4 Secretary will ring the bells and announce the
5 reading of the controversial supplemental
6 calendar.
7 SENATOR SEWARD: Madam President.
8 ACTING PRESIDENT SAVINO: Senator
9 Seward.
10 SENATOR SEWARD: Madam President,
11 I was unavoidably out of the chamber when 1296
12 passed a few moments ago, and I would ask
13 unanimous consent to be recorded in the
14 negative on Calendar Number 1296.
15 ACTING PRESIDENT SAVINO: Senator
16 Seward, with unanimous consent, you will be
17 recorded in the negative on Calendar Number
18 1296.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1294, substituted earlier today by Member of
22 the Assembly Kellner, Assembly Print Number
23 3956, an act to amend the Elder Law.
24 ACTING PRESIDENT SAVINO: Are
25 there any Senators wishing to be heard?
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1 Seeing none, the debate is closed.
2 The Secretary will ring the bells.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT SAVINO: Call
7 the roll.
8 (The Secretary called the roll.)
9 SENATOR KLEIN: Madam President,
10 can we lay the bill aside temporarily.
11 ACTING PRESIDENT SAVINO: The
12 roll call is withdrawn, and the bill is laid
13 aside temporarily.
14 Senator Breslin.
15 SENATOR BRESLIN: Madam
16 President, I request unanimous consent to be
17 recorded in the negative on Calendar Number
18 1315.
19 ACTING PRESIDENT SAVINO: Senator
20 Breslin, by unanimous consent you will be
21 recorded in the negative on Calendar 1315.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1299, substituted earlier today by Member of
25 the Assembly O'Donnell, Assembly Print Number
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1 2365A, an act to amend the Administrative Code
2 of the City of New York.
3 ACTING PRESIDENT SAVINO: Senator
4 Hannon.
5 SENATOR HANNON: Would the
6 sponsor yield to a question, Madam President.
7 ACTING PRESIDENT SAVINO: Senator
8 Oppenheimer, would you yield to a question?
9 SENATOR OPPENHEIMER: Yes.
10 ACTING PRESIDENT SAVINO: Senator
11 Oppenheimer yields.
12 SENATOR HANNON: Senator
13 Oppenheimer, I notice that you give a right to
14 a victim of domestic violence, and you define
15 how one would be victim of domestic violence
16 by referencing the Social Services Law. And
17 you say that a person may retain certain
18 residency status by "asserting an intent to
19 return to the housing accommodation."
20 Could you tell me what time
21 period -- and you make that exact same
22 statement three or four places in your bill
23 affecting different provisions of the rent
24 control and rent stabilization laws.
25 Would you be able to tell me when a
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1 person has to assert an intent? And I'm using
2 the words "assert" and "intent" right from
3 your proposal.
4 SENATOR OPPENHEIMER: I can tell
5 you the intent of the law. It is for those
6 domestic violence victims that have to flee
7 the residence, their primary residence,
8 because they are being threatened. And so
9 with this bill they would be permitted to
10 leave their primary residence, with the
11 intention of coming back to that primary
12 residence when the situation is resolved.
13 As it is domestic violence, you
14 can't say it will be resolved in two months or
15 four months. But the intent is that the rent
16 will still be paid and they will be coming
17 back to that residence.
18 SENATOR HANNON: Would the
19 Senator yield for another question.
20 ACTING PRESIDENT SAVINO: Senator
21 Oppenheimer, will you continue to yield?
22 SENATOR OPPENHEIMER: Of course.
23 ACTING PRESIDENT SAVINO: Senator
24 Oppenheimer yields.
25 SENATOR HANNON: So would it be
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1 an assumption on my part that you intend to
2 put into this bill that only so long as the
3 particular factual circumstances attendant to
4 that domestic violence are continuing, then
5 when that is ceasing, then one may assert the
6 intent at that point?
7 SENATOR OPPENHEIMER: Through
8 you, Madam President, I would think that
9 that -- there's no need to spell that out.
10 Anyone who's experienced domestic violence
11 knows you can't determine how long it's going
12 to take.
13 But the tenant will continue to pay
14 rent and plans to come back. So, I mean,
15 that's the best I can tell you. And I don't
16 think we can put any specificity into it,
17 because of the nature of the violation.
18 SENATOR HANNON: Would the
19 Senator continue to yield.
20 ACTING PRESIDENT SAVINO: Senator
21 Oppenheimer, will you continue to yield?
22 SENATOR OPPENHEIMER: Yes, I
23 would.
24 SENATOR HANNON: Let me give you
25 a hypothetical that's kind of the other side
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1 of what I've just asked. Suppose somebody is
2 a victim of domestic violence -- and by the
3 way, I appreciate the intent of the bill. I
4 think it's laudatory.
5 But suppose somebody is a victim of
6 domestic violence. They, for reasons not
7 necessarily related to that unfortunate
8 circumstance, happen to either sublet, legally
9 or illegally, happen to just not be there, and
10 two or three years later decide that they want
11 to go back to that residence. Can they then
12 make some type of intent to return?
13 SENATOR OPPENHEIMER: Through
14 you, Madam President, it's written here in the
15 law that the victim asserts the intent to
16 return to the housing accommodation and the
17 victim, this domestic violence victim, will be
18 deemed to be occupying the unit as her primary
19 residence during that period of time. I think
20 the opportunity to sublet if she is occupying
21 the residence would not be possible.
22 SENATOR HANNON: Madam President,
23 would the Senator continue to yield.
24 ACTING PRESIDENT SAVINO: Senator
25 Oppenheimer, will you continue to yield?
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1 SENATOR OPPENHEIMER: Yes, I do.
2 SENATOR HANNON: So may I infer
3 that -- see, I'm looking at the timeliness of
4 the assertion, not the condition and all those
5 things. So may I infer that there must be a
6 reasonable timeliness of the conveyance that
7 they want to return?
8 SENATOR OPPENHEIMER: You know, I
9 wish I could be more specific for you, but
10 domestic violence is not specific. And it
11 says the victim is deemed to be living in that
12 residence during that time that she is not
13 living in the residence but she is paying
14 rent.
15 And that's the best I can tell you,
16 and I think that's the best that can be said
17 under these circumstances.
18 SENATOR HANNON: Would the
19 Senator continue to yield.
20 ACTING PRESIDENT SAVINO: Senator
21 Oppenheimer, do you continue to yield?
22 SENATOR OPPENHEIMER: Yes, I
23 will.
24 SENATOR HANNON: So you're saying
25 that so long as somebody is a victim of
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1 domestic violence, that at any time
2 thereafter, whether or not that domestic
3 violence has ceased, they can assert an intent
4 to return? Is that what you're saying?
5 SENATOR OPPENHEIMER: The victim
6 who has left the unit because of this violence
7 and who asserts an intent to return to the
8 housing accommodation, as I said earlier, is
9 deemed as though they were occupying, she was
10 occupying -- I shouldn't say "she," it could
11 be a man, too -- occupying the unit as his
12 primary residence. So I think it's pretty
13 much spelled out.
14 SENATOR HANNON: Madam President,
15 would the Senator continue to yield.
16 ACTING PRESIDENT SAVINO: Senator
17 Oppenheimer?
18 SENATOR OPPENHEIMER: Yes, I do.
19 ACTING PRESIDENT SAVINO: The
20 sponsor continues to yield.
21 SENATOR HANNON: Very simply,
22 Senator Oppenheimer, when do you have to
23 assert that intent?
24 SENATOR OPPENHEIMER: That is not
25 written in the law as to when the victim
Candyco Transcription Service, Inc.
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1 decides that the domestic violence has reached
2 a point that she is threatened. That is not
3 written into the law, and I don't see how it
4 can be.
5 SENATOR HANNON: On the bill,
6 Madam President.
7 ACTING PRESIDENT SAVINO: Senator
8 Hannon, on the bill.
9 SENATOR HANNON: Given the
10 intent, I think there needs to be some type of
11 reasonableness built into the statute. Absent
12 the fact that there is any type of provision
13 for reasonable notification -- it does not
14 have to be specific, it doesn't have to be a
15 given time period -- I'm unable to support
16 this.
17 I think it's poorly written, and I
18 don't think it would be up held in the courts.
19 Thank you.
20 ACTING PRESIDENT SAVINO: Senator
21 Hannon to be recorded in the negative.
22 Are there any other Senators
23 wishing to be heard on the bill?
24 Seeing none, debate is closed. The
25 Secretary will ring the bells.
Candyco Transcription Service, Inc.
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1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT SAVINO: Call
5 the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT SAVINO:
8 Announce the results.
9 THE SECRETARY: Ayes, 61. Nays,
10 0.
11 ACTING PRESIDENT SAVINO: The
12 bill is passed.
13 THE SECRETARY: Excuse me. In
14 relation to Calendar Number 1299: Ayes, 59.
15 Nays, 2. Senators Golden and Hannon recorded
16 in the negative.
17 ACTING PRESIDENT SAVINO: The
18 bill is still passed.
19 The Secretary will read.
20 THE SECRETARY: Calendar Number
21 1301, substituted earlier today by Member of
22 the Assembly Rosenthal, Assembly Print Number
23 5653A, an act to amend the Insurance Law.
24 ACTING PRESIDENT SAVINO: Are
25 there any Senators wishing to be heard?
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1 Seeing none, debate is closed --
2 oh, I'm sorry, Senator Hannon.
3 SENATOR HANNON: On the bill,
4 Madam President.
5 ACTING PRESIDENT SAVINO: On the
6 bill.
7 SENATOR HANNON: This bill, which
8 has a commonsense logic that you shouldn't pay
9 more than your copay, unfortunately is
10 unworkable because there's no place to define
11 the usual and customary cost of such a
12 prescribed drug. It says that if the
13 copayment exceeds the usual and customary cost
14 of a prescribed drug, they can't charge you
15 that, that usual and customary cost. It's not
16 defined.
17 There are other mechanisms in this
18 proposal that talk about the posted retail
19 price and when the copayment exceeds the
20 pharmacy's usual and customary price. We have
21 three separate standards in a bill that
22 exceeds about 31 lines.
23 If you really want to protect the
24 individual customer of the pharmacy I think
25 you need a far better set of definitions, you
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1 need definitions that use state law, you need
2 things like average wholesale price. These
3 are customary standards. These are defined
4 standards.
5 But the ones that are in this bill
6 are not defined. I would think that it's just
7 unworkable and needs to be redone.
8 Thank you, Madam President.
9 ACTING PRESIDENT SAVINO: Senator
10 Hannon to be recorded in the negative.
11 Are there any other Senators who
12 wishing to speak on the bill?
13 Seeing none, debate is closed. The
14 Secretary will ring the bells.
15 Read the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the 90th day.
18 ACTING PRESIDENT SAVINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT SAVINO:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1301, those recorded in the
25 negative are Senators Golden, Hannon and
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1 O. Johnson.
2 Ayes, 58. Nays, 3.
3 ACTING PRESIDENT SAVINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1311, substituted earlier today by --
7 SENATOR KLEIN: Lay the bill
8 aside for the day, please.
9 ACTING PRESIDENT SAVINO: The
10 bill is laid aside for the day.
11 Senator Klein, that completes the
12 reading of the controversial supplemental
13 calendar.
14 SENATOR KLEIN: Madam President,
15 can we go back to Calendar Number 1294, Print
16 Number 1385, Senator Duane's bill. Can we
17 remove the lay-aside.
18 ACTING PRESIDENT SAVINO: The
19 lay-aside is removed from Calendar 1294.
20 The Secretary will read Calendar
21 Number 1294 on the controversial calendar.
22 THE SECRETARY: Calendar Number
23 1294, substituted earlier today by Member of
24 the Assembly Kellner, Assembly Print Number
25 3956, an act to amend the Elder Law.
Candyco Transcription Service, Inc.
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1 ACTING PRESIDENT SAVINO: Are
2 there any other Senators wishing to be heard?
3 Seeing none, debate is closed. The
4 Secretary will ring the bells.
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT SAVINO: Call
9 the roll.
10 (The Secretary called the roll.)
11 SENATOR KLEIN: Lay the bill
12 aside temporarily again, Madam President.
13 ACTING PRESIDENT SAVINO: The
14 bill is laid aside temporarily.
15 Senator Klein, that completes the
16 reading of the supplemental calendar.
17 SENATOR KLEIN: Madam President,
18 can we briefly return to motions and
19 resolutions.
20 ACTING PRESIDENT SAVINO:
21 Returning to motions and resolutions.
22 Senator Klein.
23 SENATOR KLEIN: On behalf of
24 Senator Aubertine, I wish to call up Print
25 Number 7936, recalled from the Assembly, which
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1 is now at the desk.
2 ACTING PRESIDENT SAVINO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1056, by Senator Aubertine, Senate Print 7936,
6 an act to amend Chapter 106 of the Laws of
7 2003.
8 ACTING PRESIDENT SAVINO: Senator
9 Klein.
10 SENATOR KLEIN: Madam President,
11 I now move to reconsider the vote by which
12 this bill was passed.
13 ACTING PRESIDENT SAVINO: The
14 Secretary will call the roll on
15 reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT SAVINO: Senator
19 Klein.
20 SENATOR KLEIN: Madam President,
21 I now offer the following amendments.
22 ACTING PRESIDENT SAVINO: The
23 amendments are received.
24 SENATOR KLEIN: Madam President,
25 on behalf of Senator Thompson, I wish to call
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1 up Print Number 7488A, recalled from the
2 Assembly, which is now at the desk.
3 ACTING PRESIDENT SAVINO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1234, by Senator Thompson, Senate Print 7488A,
7 an act to amend the Public Authorities Law.
8 ACTING PRESIDENT SAVINO: Senator
9 Klein.
10 SENATOR KLEIN: Madam President,
11 I now move to reconsider the vote by which
12 this bill was passed.
13 ACTING PRESIDENT SAVINO: The
14 Secretary will call the roll on
15 reconsideration.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 61.
18 ACTING PRESIDENT SAVINO: Senator
19 Klein.
20 SENATOR KLEIN: Madam President,
21 I now offer the following amendments.
22 ACTING PRESIDENT SAVINO: The
23 amendments are received.
24 SENATOR KLEIN: Madam President,
25 at this time can we call up Calendar Number
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1 1201, Senate Print Number 7263C on the
2 controversial calendar.
3 ACTING PRESIDENT SAVINO: Senator
4 Klein, do you mean Calendar Number 1021?
5 SENATOR KLEIN: I'm sorry, 1021,
6 Senate Print Number 7263C.
7 ACTING PRESIDENT SAVINO: The
8 Secretary will read Calendar Number 1021 on
9 the controversial calendar.
10 THE SECRETARY: Calendar Number
11 1021, by Senator Foley, Senate Print 7263C, an
12 act to amend the Public Service Law.
13 SENATOR FUSCHILLO: Explanation.
14 ACTING PRESIDENT SAVINO: Senator
15 Foley, an explanation has been requested.
16 SENATOR LIBOUS: Who asked for
17 the explanation?
18 ACTING PRESIDENT SAVINO: Senator
19 Fuschillo.
20 SENATOR FOLEY: Thank you, Madam
21 President.
22 This legislation will strengthen
23 consumer protection in the event of a merger
24 between two telephone companies.
25 Specifically, the bill requires the PSC to
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1 address a set of public interest standards
2 during its review of a sale or merger.
3 Further, this legislation only
4 affects mergers when one of the two parties'
5 gross annual New York revenues exceeds
6 $200 million. And further, this legislation
7 would only cover residential mergers.
8 There are 11 specific public
9 interest standards that the acquiring
10 corporation must meet and that the PSC must
11 find. And I'll be happy to go into those
12 standard later in the debate.
13 Let me just give a little
14 geographic history to this, if I may, Madam
15 President. In the spring of 2008, FairPoint
16 Communications purchased telephone networks in
17 Vermont, New Hampshire, and Maine. They were
18 saddled with a $1 billion debt in the
19 transaction and were wholly unprepared to
20 operate the 1.7 additional landlines. In
21 fact, it was widely acknowledged that since
22 this conversion occurred with FairPoint,
23 FairPoint had plagued their customers with
24 many complaints and quality concerns.
25 What this bill is about, Madam
Candyco Transcription Service, Inc.
7263
1 President, is essentially two things. One, it
2 is designed to balance the interests of
3 ratepayers and the investors, and to do it in
4 a fair way. And finally, this bill -- and
5 most importantly, why I've sponsored this bill
6 and have over 21 cosponsors -- this bill will
7 strengthen the PSC's already existing
8 authority by creating standards to protect
9 consumers, to protect workers, and to protect
10 the local economy before it approves a sale or
11 merger.
12 Most importantly, Madam Chair, and
13 most succinctly, it will ensure that New York
14 is not victimized by a bad sale.
15 Thank you, Madam President.
16 ACTING PRESIDENT SAVINO: Are
17 there any Senators wishing to be heard?
18 Seeing none, the debate is closed.
19 The Secretary will ring the bells.
20 Senator C. Johnson.
21 SENATOR CRAIG JOHNSON: Yes,
22 Madam President, I request a slow roll call
23 for this vote, please.
24 ACTING PRESIDENT SAVINO: Seeing
25 as five Senators have stood up, a slow roll
Candyco Transcription Service, Inc.
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1 call is in order.
2 The Secretary will read the last
3 section and then call the roll slowly.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 120th day.
6 Senator Adams.
7 SENATOR ADAMS: Yes.
8 THE SECRETARY: Senator Addabbo.
9 SENATOR ADDABBO: Yes.
10 THE SECRETARY: Senator Alesi.
11 SENATOR ALESI: No.
12 THE SECRETARY: Senator
13 Aubertine.
14 SENATOR AUBERTINE: Aye.
15 THE SECRETARY: Senator Bonacic.
16 SENATOR BONACIC: No.
17 THE SECRETARY: Senator Breslin.
18 SENATOR BRESLIN: Yes.
19 THE SECRETARY: Senator
20 DeFrancisco.
21 SENATOR DeFRANCISCO: No.
22 THE SECRETARY: Senator Diaz.
23 SENATOR DIAZ: Si.
24 THE SECRETARY: Senator Dilan.
25 SENATOR DILAN: Yes.
Candyco Transcription Service, Inc.
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1 THE SECRETARY: Senator Duane.
2 SENATOR DUANE: Yes.
3 THE SECRETARY: Senator Espada.
4 SENATOR ESPADA: No.
5 THE SECRETARY: Senator Farley.
6 SENATOR FARLEY: No.
7 THE SECRETARY: Senator Flanagan.
8 SENATOR FLANAGAN: No.
9 THE SECRETARY: Senator Foley.
10 SENATOR FOLEY: To explain my
11 vote, Madam President.
12 ACTING PRESIDENT SAVINO: Senator
13 Foley, to explain his vote.
14 SENATOR FOLEY: Thank you.
15 I outlined earlier the summary of
16 the bill, but I also think it's instructive,
17 Madam President, that this bill is virtually
18 identical with -- in fact, in two ways a
19 little bit more restrictive but virtually
20 identical to two bills that were sponsored two
21 years ago.
22 And at that time the lead sponsor
23 of the bill was Senator Nozzolio, and Senators
24 Fuschillo, Hannon, Larkin, LaValle and Morahan
25 were the cosponsors of that particular bill,
Candyco Transcription Service, Inc.
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1 which is virtually identical to this bill.
2 And prior to that, in 2007 we had
3 not only Senator Spano but Senator Bonacic,
4 Senator DeFrancisco, Senator Larkin, Senator
5 Leibell, Senator Morahan, Senator Padavan and
6 in fact, my predecessor Senator Trunzo, all
7 had sported a bill that is virtually identical
8 to the bill that we're voting on here this
9 afternoon.
10 I vote aye.
11 ACTING PRESIDENT SAVINO: Senator
12 Foley to be recorded in the affirmative.
13 The Secretary will continue to call
14 the roll slowly.
15 THE SECRETARY: Senator
16 Fuschillo.
17 SENATOR FUSCHILLO: No.
18 THE SECRETARY: Senator Golden.
19 SENATOR GOLDEN: No.
20 THE SECRETARY: Senator Griffo.
21 SENATOR GRIFFO: No.
22 THE SECRETARY: Senator Hannon.
23 SENATOR HANNON: No.
24 THE SECRETARY: Senator
25 Hassell-Thompson.
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1 SENATOR HASSELL-THOMPSON: Yes.
2 THE SECRETARY: Senator Huntley.
3 SENATOR HUNTLEY: Yes.
4 THE SECRETARY: Senator C.
5 Johnson.
6 SENATOR CRAIG JOHNSON: Yes.
7 THE SECRETARY: Senator O.
8 Johnson.
9 SENATOR OWEN JOHNSON: No.
10 THE SECRETARY: Senator Klein.
11 SENATOR KLEIN: Yes.
12 THE SECRETARY: Senator
13 L. Krueger.
14 SENATOR LIZ KRUEGER: Yes.
15 THE SECRETARY: Senator C.
16 Kruger.
17 SENATOR CARL KRUGER: Yes.
18 THE SECRETARY: Senator Lanza.
19 SENATOR LANZA: No.
20 THE SECRETARY: Senator Larkin.
21 SENATOR LARKIN: No.
22 THE SECRETARY: Senator LaValle.
23 SENATOR LaVALLE: No.
24 THE SECRETARY: Senator Leibell.
25 SENATOR LEIBELL: No.
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1 THE SECRETARY: Senator Libous.
2 SENATOR LIBOUS: No.
3 THE SECRETARY: Senator Little.
4 SENATOR LITTLE: No.
5 THE SECRETARY: Senator
6 Marcellino.
7 SENATOR MARCELLINO: No.
8 THE SECRETARY: Senator Maziarz.
9 SENATOR MAZIARZ: No.
10 THE SECRETARY: Senator McDonald.
11 SENATOR McDONALD: No.
12 THE SECRETARY: Senator
13 Montgomery.
14 SENATOR MONTGOMERY: Yes.
15 THE SECRETARY: Senator Morahan,
16 excused.
17 Senator Nozzolio.
18 SENATOR NOZZOLIO: No.
19 THE SECRETARY: Senator Onorato.
20 SENATOR ONORATO: Yes.
21 THE SECRETARY: Senator
22 Oppenheimer.
23 SENATOR OPPENHEIMER: Yes.
24 THE SECRETARY: Senator Padavan.
25 SENATOR PADAVAN: No.
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1 THE SECRETARY: Senator Parker.
2 SENATOR PARKER: Yes.
3 THE SECRETARY: Senator Peralta.
4 SENATOR PERALTA: Yes.
5 THE SECRETARY: Senator Perkins.
6 SENATOR PERKINS: Yes.
7 THE SECRETARY: Senator
8 Ranzenhofer.
9 SENATOR RANZENHOFER: No.
10 THE SECRETARY: Senator Robach.
11 SENATOR ROBACH: No.
12 THE SECRETARY: Senator Saland.
13 SENATOR SALAND: No.
14 THE SECRETARY: Senator Sampson.
15 (Senator Sampson recorded in the
16 affirmative.)
17 THE SECRETARY: Senator Savino.
18 SENATOR SAVINO: Yes.
19 THE SECRETARY: Senator
20 Schneiderman.
21 SENATOR SCHNEIDERMAN: Yes.
22 THE SECRETARY: Senator Serrano.
23 SENATOR SERRANO: Yes.
24 THE SECRETARY: Senator Seward.
25 SENATOR SEWARD: No.
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1 THE SECRETARY: Senator Skelos.
2 SENATOR SKELOS: No.
3 THE SECRETARY: Senator Smith.
4 SENATOR SMITH: Yes.
5 THE SECRETARY: Senator Squadron.
6 SENATOR SQUADRON: Yes.
7 THE SECRETARY: Senator
8 Stachowski.
9 SENATOR STACHOWSKI: Yes.
10 SENATOR KLEIN: Lay the bill
11 aside for the day, please, Madam President.
12 ACTING PRESIDENT SAVINO: The
13 roll call is withdrawn, and the bill is laid
14 aside for the day.
15 Senator Klein, that completes the
16 reading of the controversial calendar.
17 Senator Klein.
18 SENATOR KLEIN: Madam President,
19 can we please stand at ease and come back to
20 the chambers in about an hour. So that would
21 be ten to 6:00.
22 ACTING PRESIDENT SAVINO: Senator
23 Libous.
24 SENATOR LIBOUS: Thank you.
25 There will be an immediate
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1 Republican conference.
2 ACTING PRESIDENT SAVINO: There
3 will be an immediate meeting of the Republican
4 Conference in the Republican Conference Room.
5 The Senate will stand at ease until
6 ten minutes to 6:00 o'clock.
7 (Whereupon, the Senate stood at
8 ease at 4:50 p.m.)
9 (Whereupon, the Senate reconvened
10 at 6:22 p.m.)
11 ACTING PRESIDENT ADAMS: Senator
12 Klein.
13 SENATOR KLEIN: Mr. President,
14 there will be an immediate meeting of the
15 Rules Committee in the Majority Conference
16 Room.
17 Pending the return of the Rules
18 Committee, may we please stand at ease.
19 ACTING PRESIDENT ADAMS: There's
20 an immediate meeting of the Rules Committee in
21 the Majority Conference Room.
22 Until then, the Senate stands at
23 ease, Senator Libous.
24 (Whereupon, the Senate stood at
25 ease at 6:23 p.m.)
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1 (Whereupon, the Senate reconvened
2 at 7:01 p.m.)
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Senator Klein.
5 SENATOR KLEIN: Mr. President, I
6 believe there's a Rules report at the desk. I
7 move that we adopt the report at this time.
8 ACTING PRESIDENT CRAIG JOHNSON:
9 There is a Rules report at the desk.
10 The Secretary will read.
11 THE SECRETARY: Senator Smith,
12 from the Committee on Rules, reports the
13 following bills:
14 Senate Print 3180C, by Senator
15 Duane, an act to amend the Public Health Law;
16 4117B, by Senator Oppenheimer, an
17 act to amend the Education Law;
18 4181, by Senator Flanagan, an act
19 to amend the Highway Law;
20 4431B, by Senator Lanza, an act to
21 amend the Executive Law;
22 5512A, by Senator Oppenheimer, an
23 act to amend the Education Law;
24 5514, by Senator Stachowski, an act
25 to amend the State Finance Law;
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1 5614B, by Senator Valesky, an act
2 to amend the Alcoholic Beverage Control Law;
3 5628A, by Senator Savino, an act to
4 amend the Retirement and Social Security Law;
5 5969, by Senator Valesky, an act to
6 amend the Education Law;
7 6646, by Senator Bonacic, an act to
8 amend the Executive Law;
9 6861, by Senator LaValle, an act
10 authorizing;
11 6888C, by Senator Hassell-Thompson,
12 an act to amend the Retirement and Social
13 Security Law;
14 7202A, by Senator Skelos, an act
15 authorizing;
16 7228A, by Senator Stachowski, an
17 act to amend the New York State Urban
18 Development Corporation Act;
19 7255A, by Senator Morahan, an act
20 to amend the Mental Hygiene Law;
21 7267C, by Senator Schneiderman, an
22 act to amend the General Business Law;
23 7412B, by Senator Montgomery, an
24 act to amend the Administrative Code of the
25 City of New York;
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1 7480A, by Senator Valesky, an act
2 to amend the Alcoholic Beverage Control Law;
3 7517, by Senator Duane, an act to
4 amend the Social Services Law;
5 7580, by Senator Stachowski, an act
6 to amend the Tax Law;
7 7587, by Senator Oppenheimer, an
8 act to amend the Agriculture and Markets Law;
9 7730, by Senator Flanagan, an act
10 to amend the Real Property Tax Law;
11 7738A, by Senator Farley, an act
12 authorizing;
13 7769, by Senator L. Krueger, an act
14 to amend the Public Authorities Law;
15 7830, by Senator C. Kruger, an act
16 to amend the Real Property Law;
17 7840, by Senator Skelos, an act to
18 amend Chapter 821 of the Laws of 1970;
19 7900, by Senator Savino, an act to
20 amend the Workers' Compensation Law;
21 7955A, by Senator Oppenheimer, an
22 act to amend the Agriculture and Markets Law;
23 8004, by Senator Aubertine, an act
24 to amend the Penal Law;
25 8072A, by Senator Schneiderman, an
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1 act to amend the General Obligations Law;
2 8097, by Senator Squadron, an act
3 to amend the Public Service Law;
4 8132A, by Senator Montgomery, an
5 act to amend the Social Services Law;
6 8165A, by Senator Stewart-Cousins,
7 an act to repeal;
8 8215, by Senator LaValle, an act to
9 amend the Highway Law;
10 8229, by Senator Hassell-Thompson,
11 an act to amend the Executive Law.
12 8258, by Senator Parker, an act to
13 amend a chapter of the Laws of 2010;
14 8289, by Senator Stachowski, an act
15 to amend the Penal Law;
16 8310, by Senator Aubertine, an act
17 to amend the Public Service Law;
18 8333, by Senator Squadron, an act
19 to amend General Business Law;
20 8343, by Senator Foley, an act to
21 amend the Environmental Conservation Law;
22 8347, by Senator Klein, an act to
23 amend the Education Law;
24 8370, by the Senate Committee on
25 Rules, an act to amend Chapter 268 of the Laws
Candyco Transcription Service, Inc.
7276
1 of 1989;
2 8373A, by Senator Sampson, an act
3 to amend the Civil Rights Law;
4 8376, by Senator Oppenheimer, an
5 act to amend the Education Law;
6 8377A, by Senator Dilan, an act to
7 amend the Multiple Dwelling Law;
8 8378, by Senator Schneiderman, an
9 act to amend the State Finance Law;
10 8379A, by Senator Schneiderman, an
11 act to amend the Labor Law;
12 8391, by Senator Sampson, an act to
13 amend a chapter of the Laws of 2010;
14 5806C, by Senator Young, an act to
15 authorize;
16 7115A, by Senator Young, an act to
17 amend the Highway Law;
18 7602, by Senator Winner, an act in
19 relation to dissolving;
20 And Senate Print 7636, by Senator
21 Winner, an act in relation to dissolving.
22 All bills ordered direct to third
23 reading.
24 ACTING PRESIDENT CRAIG JOHNSON:
25 All those in favor of adopting the Rules
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1 Committee report please signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT CRAIG JOHNSON:
4 Opposed, nay.
5 (No response.)
6 ACTING PRESIDENT CRAIG JOHNSON:
7 The Rules Committee report is adopted.
8 Senator Klein.
9 SENATOR KLEIN: Mr. President, I
10 believe there's a resolution at the desk by
11 Senator Hassell-Thompson. I ask that the
12 resolution be read title only and move for its
13 immediate adoption.
14 ACTING PRESIDENT CRAIG JOHNSON:
15 The Secretary will read.
16 THE SECRETARY: By Senator
17 Hassell-Thompson, legislative resolution
18 applauding and approving the foregoing steps
19 that have been taken by the chief judge and
20 the judiciary to institute an ongoing program
21 with respect to civil legal services in the
22 State of New York.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 Senator Klein, as this resolution been deemed
25 privileged and submitted by the office of the
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1 Temporary President?
2 SENATOR KLEIN: Yes, it has,
3 Mr. President.
4 ACTING PRESIDENT CRAIG JOHNSON:
5 The Secretary has read.
6 All those voting in favor of the
7 resolution please indicate by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT CRAIG JOHNSON:
10 Opposed, nay.
11 (No response.)
12 ACTING PRESIDENT CRAIG JOHNSON:
13 The resolution is adopted.
14 Senator Klein.
15 SENATOR KLEIN: Mr. President, is
16 there any further business at the desk?
17 ACTING PRESIDENT CRAIG JOHNSON:
18 No, Senator Klein, the desk is clear.
19 SENATOR KLEIN: There being no
20 further business, Mr. President, I move that
21 we adjourn until Wednesday, June 30th, at
22 12:00 p.m.
23 ACTING PRESIDENT CRAIG JOHNSON:
24 There being no further business to come before
25 the Senate, on motion, the Senate stands
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1 adjourned until Wednesday, June 30th, at
2 12:00 p.m.
3 (Whereupon, at 7:07 p.m., the
4 Senate adjourned.)
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