Wednesday, March 16, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 16, 2005 11 11:37 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ELIZABETH O'C. LITTLE, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT LITTLE: The 3 Senate will come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT LITTLE: In the 10 absence of clergy, I would ask everyone to bow 11 our heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT LITTLE: Reading 15 of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, March 15, the Senate met pursuant to 18 adjournment. The Journal of Monday, March 14, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT LITTLE: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Skelos. 8 SENATOR SKELOS: Madam President, 9 I believe there's a substitution at the desk, 10 if we could make it at this time. 11 ACTING PRESIDENT LITTLE: The 12 Secretary will read. 13 THE SECRETARY: On page 4, 14 Senator Fuschillo moves to discharge, from the 15 Committee on Consumer Protection, Assembly 16 Bill Number 1551 and substitute it for the 17 identical Senate Bill Number 3018, First 18 Report Calendar 290. 19 ACTING PRESIDENT LITTLE: The 20 substitution is ordered. 21 Senator LaValle. 22 SENATOR LaVALLE: Madam 23 President, I move to commit Senate Print 24 Number 713, Calendar Number 293 on the order 25 of First Report, to the Committee on Finance.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT LITTLE: So 2 ordered. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 there's a Resolution Number 848 at the desk, 6 by Senator Bruno, concerning Good Joes like 7 Joe Robach. Could we have the title read, 8 move for its immediate adoption, and then if 9 we could put every member on the resolution. 10 And if anybody wishes not to 11 sponsor it, they should indicate to the desk. 12 ACTING PRESIDENT LITTLE: Thank 13 you. The Secretary will read. 14 THE SECRETARY: By Senator Bruno, 15 Legislative Resolution Number 848, 16 commemorating Good Joes Day, 2005. 17 ACTING PRESIDENT LITTLE: The 18 question is on the resolution. All in favor 19 signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT LITTLE: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT LITTLE: The 25 resolution is adopted.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 if we can go to the noncontroversial reading 4 of the calendar. 5 ACTING PRESIDENT LITTLE: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 175, by Senator Johnson, Senate Print 281, an 9 act to amend the Vehicle and Traffic Law, in 10 relation to prohibiting. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 48. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 176, by Senator Marcellino, Senate Print 741, 24 an act to amend the Vehicle and Traffic Law, 25 in relation to increasing penalties.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 48. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 183, by Senator Maziarz, Senate Print 2569, an 13 act to amend the Labor Law, in relation to the 14 appointments to the Public Work Advisory 15 Board. 16 SENATOR LIZ KRUEGER: Lay it 17 aside. 18 ACTING PRESIDENT LITTLE: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 190, by Senator Saland, Senate Print -- 22 SENATOR HASSELL-THOMPSON: Lay it 23 aside. 24 ACTING PRESIDENT LITTLE: The 25 bill is laid aside.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 193, by Senator LaValle, Senate Print 840, an 3 act to amend the Education Law, in relation to 4 the disclosure of gifts. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of August. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 48. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 195, by Senator Marchi, Senate Print 2154, an 17 act to amend the Education Law, in relation to 18 peace officer status. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 51. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 264, by Senator Skelos, Senate Print 3005, an 6 act to amend the Real Property Tax Law, in 7 relation to adjusted base proportions. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 51. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 265, by Senator Skelos, Senate Print 3006, an 20 act to amend the Real Property Tax Law, in 21 relation to allowing. 22 ACTING PRESIDENT LITTLE: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 53. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 Senator Skelos, that completes the 8 noncontroversial reading of the calendar. 9 SENATOR SKELOS: Madam President, 10 if we could go to the controversial reading of 11 the calendar. 12 And before we do that, if you would 13 ring the bell, let the members know that we 14 are about to embark upon the controversial 15 reading of the calendar. 16 ACTING PRESIDENT LITTLE: The 17 Secretary will ring the bell. 18 Senator Skelos. 19 SENATOR SKELOS: Madam President, 20 we're trying to complete the controversial 21 calendar before the joint conference 22 committees commence. So if the members could 23 get here. 24 And if we could now go to the 25 controversial reading of the calendar.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 183, by Senator Maziarz, Senate Print 2569, an 5 act to amend the Labor Law. 6 SENATOR SKELOS: Lay it aside for 7 the day. 8 ACTING PRESIDENT LITTLE: The 9 bill is laid aside for the day. 10 THE SECRETARY: Calendar Number 11 190, by Senator Saland, Senate Print 317, an 12 act to amend the Education Law. 13 ACTING PRESIDENT LITTLE: Senator 14 Hassell-Thompson. 15 SENATOR HASSELL-THOMPSON: Yes, 16 Madam President. I just -- very quickly, I 17 realize that the history of this says that we 18 passed this bill last year, Senator Saland. 19 And I was curious as to whether or not -- 20 ACTING PRESIDENT LITTLE: 21 Senator, are you asking Senator Saland to 22 yield for a question? 23 SENATOR HASSELL-THOMPSON: Yes, I 24 am. I was going to speak on the bill, but 25 yes, I do.

Candyco Transcription Service, Inc.

(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you. 3 Senator Saland, will you yield? 4 SENATOR SALAND: Yes, Madam 5 President. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 SENATOR HASSELL-THOMPSON: I 9 wondered if you did not think that the penalty 10 was a -- 11 SENATOR SALAND: Madam President, 12 can I have a little bit of quiet behind me, 13 please. 14 ACTING PRESIDENT LITTLE: Thank 15 you. Can we have quiet in the chamber, 16 please. 17 SENATOR SALAND: Thank you. 18 SENATOR HASSELL-THOMPSON: Okay, 19 thank you. I was asking didn't you think that 20 the penalty was a little bit excessive. 21 SENATOR SALAND: Well, I was not 22 really concerned as much with the penalty as I 23 was with the threat to particularly the young 24 people who might purchase these contact lenses 25 from providers -- whether they be in flea

Candyco Transcription Service, Inc.

(518) 371-8910 1 markets, whether they be in novelty shops, 2 wherever -- which threaten their vision. 3 Because by using these types of 4 contacts without a prescription -- they may be 5 a bit of a fad, they may be something that's 6 hot for the time, but the user runs the risk 7 not merely of infections but of ocular damage 8 and, in rare instances, perhaps even the loss 9 of vision. 10 The FDA has put out warnings on 11 this. And this is just an effort to try and 12 provide some meat to what is currently an FDA 13 warning. 14 And we've worked with Assemblyman 15 Canestrari's office, and we're hopeful -- 16 we've moved this bill before. We thought they 17 were going to move it last year. We're 18 hopeful that they will move it this year. 19 They seem pretty optimistic about it. 20 SENATOR HASSELL-THOMPSON: Just 21 quickly on the bill. 22 ACTING PRESIDENT LITTLE: Senator 23 Hassell-Thompson, on the bill. 24 SENATOR HASSELL-THOMPSON: Thank 25 you.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I haven't been a teenager in a very 2 long time, Senator Saland. But I happen to 3 have been one of those people who likes the 4 decorative -- and I've worn green and gray and 5 all other kinds of colors, you know. And 6 there are many adults that do. 7 And I don't think that I was aware 8 that -- of the dangers. I mean, you pick 9 these up at the flea markets because they're 10 so much less expensive. If you buy them at 11 the ophthalmologist's shop, they can cost 12 anywhere up to $200. But you get them in the 13 flea market for about $40 or $50. 14 So I do appreciate the concern and 15 your addressing this issue. And certainly 16 it's a consumer education issue that would 17 automatically concern me. I just wondered if 18 it was not excessive. 19 But I think that when we talk about 20 the possibility of creating blindness because 21 of carelessness and unawareness, then it 22 certainly gets your attention. 23 Thank you. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Any other Senator wishing to be 2 heard? 3 The debate is closed. 4 The Secretary will ring the bell. 5 SENATOR SKELOS: Madam President. 6 ACTING PRESIDENT LITTLE: Senator 7 Skelos. 8 SENATOR SKELOS: If we can 9 proceed, please. 10 ACTING PRESIDENT LITTLE: Would 11 the members please take their seats. 12 Read the last section. 13 THE SECRETARY: Section 7. This 14 act shall take effect on the 90th day. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT LITTLE: Senator 19 Nozzolio, to explain his vote. 20 SENATOR NOZZOLIO: Thank you, 21 Madam President. 22 I asked for a pause in the 23 proceedings for the opportunity to explain my 24 vote, as this is a measure introduced by 25 Senator Saland to protect all people from the

Candyco Transcription Service, Inc.

(518) 371-8910 1 potentially serious, potentially dangerous 2 acquisition of contact lenses which could hurt 3 the most important gift we have, the gift of 4 sight. 5 I know Senator Saland's motivations 6 for this measure were in large part to protect 7 young people from buying contact lenses in 8 this fashion. 9 I'm very pleased, viewing the 10 proceedings today, our group of young people, 11 honor students from Auburn, from West Middle 12 School. And I want to welcome these students 13 here to the Senate chamber as they're viewing 14 the proceedings, seeing how our Senate 15 deliberates on issues important to all people. 16 These young people and their 17 chaperones traveled a long way to be here to 18 view the democracy that exhibits in these 19 halls each and every day. I'd like to 20 congratulate them for their interest, thank 21 the chaperones for their participation. 22 And, Madam President, I think it's 23 fitting that, again, they can see us 24 deliberate a measure that tries to protect the 25 health and safety of all New Yorkers.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I ask permission on this measure, 2 Madam President, to vote aye. 3 ACTING PRESIDENT LITTLE: Thank 4 you. Senator Nozzolio, in the affirmative. 5 Announce the results. 6 THE SECRETARY: Those Senators 7 absent from voting on Calendar Number 190 are 8 Senators Libous and Trunzo. 9 Ayes, 58. Nays, 0. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 is there any further business at the desk? 15 ACTING PRESIDENT LITTLE: There 16 are petitions at the desk, Senator Skelos. 17 Petitions out of committee at the desk. 18 SENATOR SKELOS: Would you please 19 recognize Senator Duane. 20 ACTING PRESIDENT LITTLE: Senator 21 Duane. 22 SENATOR DUANE: Thank you, Madam 23 President. 24 I have a motion at the desk, and I 25 would like to have it called up at this time.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Senate Bill 2 Number 306, by Senator Duane, an act to amend 3 the Insurance Law. 4 ACTING PRESIDENT LITTLE: Senator 5 Duane. 6 SENATOR DUANE: Thank you, Madam 7 President. 8 This bill is a mental health parity 9 which would provide parity for insurance 10 coverage of mental illness with those equal to 11 coverage that is offered for physical illness. 12 Right now New York State law 13 legally allows health insurance policies and 14 plans to discriminate in the coverage they 15 provide based upon the diagnosis of mental 16 illness. And frankly, it's time to end the 17 discrimination and for the Senate to pass 18 mental health parity. 19 Current law allows health insurance 20 policies and plans to deny coverage and limit 21 treatment based on the diagnosis of mental 22 illness. Mental illness is widespread and is 23 usually untreated. Treatment is proven to 24 work, it is cost-effective. And 25 unfortunately, now, American employers lose

Candyco Transcription Service, Inc.

(518) 371-8910 1 over $80 billion annually in lost productivity 2 due to untreated or undertreated mental 3 illnesses of their employees and their 4 families. 5 New Yorkers overwhelmingly want 6 mental illness to be treated like any other 7 illness. And in fact, 34 states already have 8 some form of mental health parity legislation. 9 Current law allows health insurance 10 policies and plans to deny coverage and limit 11 treatment based on the diagnosis of mental 12 illness. Terrible things have happened to 13 many families because there is no coverage 14 equal to physical illness for mental illness. 15 And in fact, the president's New 16 Freedom Commission on Mental Health, 17 "Achieving the Promise: Transforming Mental 18 Health Care in America," identified unfair 19 treatment limitations and financial 20 requirements placed on mental health benefits 21 in private health insurance as one of three 22 obstacles that prevent Americans from 23 receiving the health care and the mental 24 health care they deserve. 25 You know, already so many states

Candyco Transcription Service, Inc.

(518) 371-8910 1 already have parity laws, and New York State 2 should join those laws. The most recent 3 pricing of what that would cost per employee 4 per month is about $1.26. And certainly 5 that's something that is far worth the 6 investment if we can make it so that 7 New Yorkers live healthier, happier and more 8 productive lives. 9 So I encourage my colleagues to 10 vote yes on this motion. 11 Thank you, Madam President. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator. 14 All those Senators in favor of the 15 petition out of committee please signify by 16 raising your hand. 17 THE SECRETARY: Those recorded in 18 agreement are Senators Andrews, Breslin, 19 Brown, Diaz, Dilan, Duane, Gonzalez, 20 Hassell-Thompson, Klein, L. Krueger, 21 C. Kruger, Montgomery, Onorato, Oppenheimer, 22 Parker, Paterson, Sabini, Sampson, Savino, 23 Schneiderman, Serrano, A. Smith, M. Smith, 24 Stachowski, Stavisky and Valesky. 25 ACTING PRESIDENT LITTLE: The

Candyco Transcription Service, Inc.

(518) 371-8910 1 petition is not agreed to. 2 Senator Sabini, for a motion to 3 petition a bill out of committee. 4 SENATOR SABINI: Thank you, Madam 5 President. 6 I have a motion at the desk. I'd 7 like to have it called up at this time. 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: Senate Print 11 1254, by Senator Sabini, an act to amend the 12 Real Property Tax Law and others. 13 SENATOR SABINI: Madam President, 14 on the motion. 15 ACTING PRESIDENT LITTLE: Thank 16 you. Senator Sabini, on the motion. 17 SENATOR SABINI: What this motion 18 does is to bring to the floor a bill that's 19 been considered in the Assembly for some time. 20 But perhaps at no time in our recent history 21 is it more appropriate than now. 22 I see we have lots of young people 23 in the gallery. And the American dream is to 24 own a piece of property or a house and live a 25 comfortable life and raise your children and

Candyco Transcription Service, Inc.

(518) 371-8910 1 then retire. But yet with the cost of 2 residential properties skyrocketing in many 3 areas of our state, the owner of a residential 4 property in retirement often can't pay the 5 taxes on the increased value. 6 So you want to have increased value 7 on your property, but in some ways that is a 8 sentence for you and in fact has caused some 9 of our seniors to sell their property. 10 The bill would allow the owner of a 11 residential property, of a one-or-two-family 12 home, a coop or condominium that's the prime 13 residence of them, and their primary residence 14 is in New York State, and who is 65 years or 15 older and has less than $5,000 earned income 16 or $25,000 gross income, to defer their 17 property taxes. 18 Now, the property taxes wouldn't be 19 lost. Those property taxes would be taken as 20 a lien on the property. Upon the transfer of 21 title or if the owner moves to someplace like 22 Florida or Arizona for most of the year, the 23 municipality, the locality would collect back 24 taxes plus interest that would calculated to 25 year at Moody's average for commercial prime

Candyco Transcription Service, Inc.

(518) 371-8910 1 rate loans. The maximum lien would be no more 2 than 80 percent of the actual market value of 3 the property. 4 This allows the Real Property Law 5 and the Local Finance Law and the Insurance 6 Law in relation to tax deferments. 7 Many seniors who purchase their 8 homes find that as their value goes up from 9 year to year and their taxes go up, they might 10 have to sell their homes or subject themselves 11 to costly reverse mortgages only because they 12 can't afford to pay the increased property 13 taxes. 14 And it's their home, their place of 15 dwelling for most of their life, in some 16 cases, and they're forced to give it up. This 17 would allow seniors to stay at home with the 18 tax deferment and yet ultimately the taxes 19 would be paid. 20 I urge all my colleagues to join me 21 in supporting this proposal, which is carried 22 by Assemblyman Lafayette in the Assembly, and 23 allows seniors to remain in their homes and 24 not have government force them out because of 25 their wise investment in a good neighborhood.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Thank you, Madam President. 2 ACTING PRESIDENT LITTLE: Thank 3 you, Senator. 4 All those Senators in favor of the 5 petition out of committee please signify by 6 raising your hand. 7 THE SECRETARY: Those recorded in 8 agreement are Senators Andrews, Breslin, 9 Brown, Diaz, Dilan, Duane, Gonzalez, 10 Hassell-Thompson, Klein, L. Krueger, C. 11 Kruger, Montgomery, Onorato, Oppenheimer, 12 Parker, Paterson, Sabini, Sampson, Savino, 13 Schneiderman, Serrano, A. Smith, M. Smith, 14 Stachowski, Stavisky and Valesky. 15 ACTING PRESIDENT LITTLE: The 16 petition is not agreed to. 17 Senator Gonzalez. 18 SENATOR GONZALEZ: Yes, Madam 19 President. There will be a Minority 20 conference tomorrow, Thursday, March 17th, at 21 11:00 a.m. in Room 314. 22 Thank you. 23 ACTING PRESIDENT LITTLE: Thank 24 you, Senator. 25 Senator Skelos.

Candyco Transcription Service, Inc.

(518) 371-8910 1 SENATOR SKELOS: Madam President, 2 there being no further business to come before 3 the Senate, I move we stand adjourned until 4 Thursday, March 17th, at 11:30 a.m. 5 ACTING PRESIDENT LITTLE: Thank 6 you. On motion, the Senate stands adjourned 7 until Thursday, March 17th, at 11:30 a.m. 8 Thank you. 9 (Whereupon, at 12:09 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910