Tuesday, April 19, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 19, 2005 11 3:04 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, 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 THE PRESIDENT: The Senate will 3 please 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 THE PRESIDENT: With us this 10 afternoon to give the invocation is Reverend 11 Dr. George Miller, III, president of Davis 12 College in Johnson City, New York. 13 REVEREND DR. MILLER: Thank you, 14 Lieutenant Governor. It's a privilege to give 15 this prayer. 16 Let us pray. 17 What a great thought that the 18 awesome Creator God of the universe allows us 19 to come before Him and call Him Father. May 20 we each sense Your love today for us as 21 individuals, and may we completely trust You. 22 God, the leaders before me today I 23 thank You for, because they are gifts from 24 You. I thank You for their willingness to 25 serve the people of the State of New York.

Candyco Transcription Service, Inc.

(518) 371-8910 1 These men and women are stewards of 2 Your purposes and resources and human lives 3 and history. You have chosen them for action, 4 action that can make a great and beautiful 5 difference in the lives of every individual in 6 the State of New York. 7 May they each realize that they 8 cannot lead alone but that they need each 9 other and, most important, that they need a 10 God who gives to them wisdom, guidance, 11 courage. 12 God, You have said that if any of 13 us lacks wisdom, let us ask of God who gives 14 generously to all. I pray that the precious 15 gift of wisdom be granted to these leaders to 16 be able to apply relevant values to the 17 decisions before them. 18 May Your spirit inform and 19 encourage them. May they receive wisdom to 20 chart correct courses to all their goals. 21 Help them to be guided by truth. 22 In all our differences, give them 23 shared reality and an accurate view of every 24 issue in a way that will lead to consensus. 25 Lead this body of men and women to the

Candyco Transcription Service, Inc.

(518) 371-8910 1 decisions that will lead to greatness. 2 God, accept our thanks today for 3 allowing us to live in such a great country, 4 the United States of America. We thank You 5 for the freedoms that we enjoy every day. May 6 we never take them for granted. 7 In this great land we are in, we 8 realize that we are experiencing some 9 disappointments and confusions and fears. You 10 are the God of hope; give us all hope. Guide 11 our president, his cabinet, and these elected 12 officials before me today. Protect our troops 13 around the world, especially in Iraq, those 14 defending our freedom around this world. 15 In conclusion, Lord, I ask that, as 16 the Apostle Paul tells us to do good to 17 everyone at every opportunity, may we each 18 obey that command, realizing that that command 19 alone would be a powerful step toward peace 20 and prosperity. 21 I pray these things in the name of 22 our great God and Savior Jesus Christ. Amen. 23 THE PRESIDENT: Reading of the 24 Journal. 25 THE SECRETARY: In Senate,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Monday, April 18, the Senate met pursuant to 2 adjournment. The Journal of Sunday, April 17, 3 was read and approved. On motion, Senate 4 adjourned. 5 THE PRESIDENT: Without 6 objection, the Journal stands approved as 7 read. 8 Presentation of petitions. 9 Messages from the Assembly. 10 Messages from the Governor. 11 Reports of standing committees. 12 Reports of select committees. 13 Communications and reports from 14 state officers. 15 Motions and resolutions. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 I believe there are two substitutions to be 19 made at this time. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: On page 10, 23 Senator Nozzolio moves to discharge, from the 24 Committee on Codes, Assembly Bill Number 605 25 and substitute it for the identical Senate

Candyco Transcription Service, Inc.

(518) 371-8910 1 Bill Number 1268, Third Reading Calendar 154. 2 And on page 15, Senator Robach 3 moves to discharge, from the Committee on 4 Veterans, Homeland Security and Military 5 Affairs, Assembly Bill Number 6356 and 6 substitute it for the identical Senate Bill 7 Number 1611, Third Reading Calendar 295. 8 THE PRESIDENT: Substitutions 9 ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 there's a resolution at the desk, Number 1529, 13 by Senators Meier and Nozzolio. Could we have 14 the title read and move for its immediate 15 adoption. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: By Senators Meier 19 and Nozzolio, Legislative Resolution Number 20 1529, calling upon the United States 21 Department of the Interior to reject the 22 application by the Oneida Indian Nation of 23 New York to place lands in trust and to reject 24 the application by the Cayuga Indian Nation of 25 New York to place their real estate holdings

Candyco Transcription Service, Inc.

(518) 371-8910 1 in trust or declared "restricted fee." 2 THE PRESIDENT: Senator Meier. 3 SENATOR MEIER: Thank you, Madam 4 President. 5 Some three weeks ago the United 6 States Supreme Court handed down a decision, 7 by a vote of 8 to 1, authored by Justice Ruth 8 Bader Ginsburg. This was in a litigation 9 between the City of Sherrill and the Oneida 10 Indian Nation of New York. 11 The Oneida Indian Nation has for a 12 number of years within the Central New York 13 area carried on a practice of purchasing land 14 and then unilaterally declaring the land to be 15 sovereign Indian land, refusing to pay 16 property taxes, refusing to collect taxes on 17 their commercial transactions that they 18 conduct on that land, refusing to respect 19 local building, zoning and fire codes, 20 creating disputes over who has lawful police 21 power over that territory. 22 And to make a long story short, the 23 United States Supreme Court, simply put, said 24 that an Indian nation having long ago 25 relinquished the reins of government cannot,

Candyco Transcription Service, Inc.

(518) 371-8910 1 after the passage of decades -- in this case, 2 some 200 years -- unilaterally reestablish 3 sovereignty. 4 Just within the last few days, the 5 Oneida Indian Nation of New York, having lost 6 in the highest court of the land, has brought 7 an application before the Secretary of the 8 Interior to have 17,000 acres placed in trust 9 with the Department of the Interior Bureau of 10 Indian Affairs, which would have the effect, 11 by administrative action, of accomplishing 12 that which the United States Supreme Court 13 said was unworkable, unjust, and impossible. 14 Those are Justice Ginsburg's words. 15 What it created, really, that the 16 Supreme Court -- what they seek to create, 17 what the Supreme Court sought to avoid, is 18 literally a patchwork, a checkerboard, if you 19 will, of jurisdiction where one has a hard 20 time figuring out from one parcel of land to 21 the next who has the authority to tax, to 22 regulate building, to regulate commerce, to 23 regulate environmental concerns, you name it. 24 The argument of the Oneidas has 25 been followed by at least one other tribe in

Candyco Transcription Service, Inc.

(518) 371-8910 1 the country. 2 I hasten to add the Supreme Court 3 did not extinguish, nor does this resolution 4 attempt to extinguish, any lawful land claim 5 that people might have resulting from ancient 6 wrongs. But what it does do is attempt to 7 make sure that we don't compound one wrong 8 with yet another and another and another, by 9 reversing the clear intent of the United 10 States Supreme Court by administrative action. 11 This has come on rather quickly, 12 and the federal law under which it is brought 13 provides for a very narrow window of public 14 comment. 15 This is a clear indication on the 16 part of this body that what the United States 17 Supreme Court has decided, after careful 18 deliberation, should not be disposed of, 19 disregarded, in effect overturned by a hastily 20 drawn application filed in front of a federal 21 administrative agency. 22 There is certainly an agreement to 23 be reached here between the State of New York, 24 its political subdivisions, and the Indian 25 nations, but it should not be done

Candyco Transcription Service, Inc.

(518) 371-8910 1 unilaterally by the actions of federal 2 bureaucrats reacting within a narrow time 3 frame set forth in federal law. 4 Thank you, Madam President. 5 THE PRESIDENT: Senator Nozzolio. 6 SENATOR NOZZOLIO: Thank you, 7 Madam President. On the resolution. 8 I rise to join my colleague Senator 9 Meier in asking this body to enact this 10 resolution to send a very clear signal to 11 Washington that New York State and the 12 New York State Senate does not approve of 13 back-door sovereignty. That a bureaucrat to 14 make a decision, in most cases behind closed 15 doors, without the understanding of the 16 extreme circumstances that exist -- we're 17 talking about a very real life problem that 18 affects literally tens of thousands of 19 property owners in Central and Western 20 New York. 21 The application of the Oneidas has 22 seen the additional application of the Cayuga 23 Indian Nation to place their real estate 24 holdings in trust and ask the federal 25 government for the same consideration that is

Candyco Transcription Service, Inc.

(518) 371-8910 1 being asked in the Oneida case. The Cayuga 2 Indians are suing for approximately 64,000 3 acres, impacting over 7,000 property owners in 4 the central Finger Lakes. 5 The court, in Sherrill, clearly 6 indicated the doctrines which the Cayuga 7 Indians have been basing their case where, 8 after rejecting and leaving and abandoning the 9 property here in New York, after 200 years 10 coming back and claiming this is now sovereign 11 land of the Cayugas. 12 This type of application is one 13 that should be knotted out, at the very least, 14 in the court system and in the Legislature, 15 not in the bureaucracy. 16 It impacts so many people. Imagine 17 your home today, and your neighborhood, all of 18 a sudden being part of an Indian reservation. 19 Or, in focus, putting a patchwork 20 of sovereignty across the land that had always 21 been -- or at least since the nation was 22 founded -- New York State and the United 23 States of America. Lands that would no longer 24 be subject to the zoning codes, the 25 environmental regulations, the taxation

Candyco Transcription Service, Inc.

(518) 371-8910 1 questions that every other property in this 2 state is to be considered and every other 3 property of the state must comply with. 4 Back-door sovereignty is not the 5 appropriate process. That this attempt 6 disregards what the United States Supreme 7 Court just ruled in the City of Sherrill. The 8 collection of taxes from the Indian properties 9 is fair, and it establishes a level playing 10 field for all businesses. And we will 11 continue to fight for that. 12 This resolution asks for the 13 process to be opened, asks for our federal 14 representatives, particularly our United 15 States senators, to join us in opposing any 16 efforts that seek to plant a tax-free 17 reservation for the Cayuga Indian Nation. And 18 that on that score, we're foursquare in 19 support of all local officials in the region. 20 I appreciate this body considering 21 this resolution. I thank Senator Meier for 22 his role in its development. And I urge its 23 passage. 24 Thank you, Madam President. 25 THE PRESIDENT: The question is

Candyco Transcription Service, Inc.

(518) 371-8910 1 on the resolution. All in favor please 2 signify by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (Response of "Nay.") 6 THE PRESIDENT: The resolution is 7 adopted. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 if we could go to the noncontroversial reading 11 of the calendar. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 354, by Senator Golden, Senate Print 3374, an 16 act to amend the Penal Law, in relation to 17 concurrent and consecutive terms. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 51. Nays, 25 1. Senator Montgomery recorded in the

Candyco Transcription Service, Inc.

(518) 371-8910 1 negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 355, by Senator Robach, Senate Print 3418, an 6 act to amend the Criminal Procedure Law and 7 the Vehicle and Traffic Law, in relation to 8 aggravated unlicensed operation. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 6. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 52. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 356, by Senator Libous, Senate Print 3420, an 20 act to amend the Penal Law, in relation to 21 vehicular assault. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 358, by Senator Trunzo, Senate Print 423, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to speeding. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 51. Nays, 17 1. Senator Duane recorded in the negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 360, by Senator Trunzo, Senate Print 852, an 22 act to amend the Vehicle and Traffic Law, in 23 relation to aggressive driving. 24 THE PRESIDENT: Read the last 25 section.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 180th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 53. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 366, by Senator Spano, Senate Print 3416, an 10 act to amend the Vehicle and Traffic Law, in 11 relation to mandatory revocation. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 367, by Senator Marcellino, Senate Print 3419, 23 an act to amend the Vehicle and Traffic Law, 24 in relation to suspended licenses. 25 THE PRESIDENT: Read the last

Candyco Transcription Service, Inc.

(518) 371-8910 1 section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 54. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 487, by Senator Saland, Senate Print 461, an 11 act to grant Linda LaPierre retroactive 12 membership. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 54. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 490, by Senator Seward, Senate Print 2466, an 24 act authorizing the Village of Dryden to 25 reinstate.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: There is a 2 home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 55. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 491, by Senator Robach, Senate Print 3676, an 13 act to amend the Retirement and Social 14 Security Law and the General Municipal Law, in 15 relation to extending. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Those recorded in 23 the negative on Calendar Number 491 are 24 Senators Bonacic, Hassell-Thompson and Little. 25 Ayes, 53. Nays, 3.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 494, by Senator Volker, Senate Print 989, an 5 act to amend the Tax Law, in relation to 6 authorizing the County of Wyoming. 7 THE PRESIDENT: There is a local 8 fiscal impact note at the desk. 9 Read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Senator Breslin, 15 to explain your vote. 16 SENATOR BRESLIN: Thank you, 17 Madam President. 18 I stand and I applaud Senator 19 Volker for listening to the wishes of Wyoming 20 County to find new ways of revenue to support 21 the ever-mounting cost of things like 22 Medicaid. 23 I also have a bill for Albany 24 County that's similar in nature. And the 25 testy -- the sometimes testy Albany county

Candyco Transcription Service, Inc.

(518) 371-8910 1 executive is really looking forward to the 2 hopes that it might pass later in the session. 3 And I vote yes on this. Thank you. 4 THE PRESIDENT: You will be 5 recorded, Senator Breslin, as voting in the 6 affirmative. 7 The Secretary will announce the 8 results. 9 THE SECRETARY: Ayes, 55. Nays, 10 1. Senator Valesky recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 495, by Senator Golden, Senate Print 1470, an 15 act to amend Chapter 929 of the Laws of 1986. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 56. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc.

(518) 371-8910 1 524, by Senator Meier, Senate Print 2441, an 2 act to amend the Real Property Tax Law, in 3 relation to providing a tax exception. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first of January. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE PRESIDENT: Senator Breslin, 11 to explain your vote. 12 SENATOR BRESLIN: Thank you, 13 Madam President. 14 Again I rise, to applaud Senator 15 Meier for sponsoring this legislation. I have 16 virtually identical legislation for Albany 17 County which hopefully will be heard later 18 this session. 19 Volunteer firefighters are such an 20 important part of the fabric of our 21 communities, and they save literally billions 22 of dollars. But they're declining in numbers, 23 and we have to provide incentives for them. 24 And this is a very good real 25 property tax incentive. And I vote yes.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: You will be so 2 recorded as voting in the affirmative, 3 Senator. 4 The Secretary will announce the 5 results. 6 THE SECRETARY: Ayes, 57. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 577, by Senator Meier, Senate Print 4583, an 11 act to amend Chapter 58 of the Laws of 2005 12 amending the Public Health Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 578, by Senator Marcellino, Senate Print 24 4584 -- 25 THE PRESIDENT: The Secretary

Candyco Transcription Service, Inc.

(518) 371-8910 1 will continue to read. 2 THE SECRETARY: -- an act to 3 amend the Vehicle and Traffic Law, in relation 4 to increasing penalties. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE PRESIDENT: Senator 13 Marcellino, to explain your vote. 14 SENATOR MARCELLINO: Thank you, 15 Madam President. 16 Today we are passing at this point 17 a bill that is going to pass the Assembly and 18 will be signed by the Governor into law. 19 This bill will eliminate a loophole 20 in the law that actually encourages drivers 21 who are driving drunk and incur an accident, 22 severely injuring or killing another 23 individual, from leaving the scene of the 24 crime. 25 Right now it's in their best

Candyco Transcription Service, Inc.

(518) 371-8910 1 interests to leave the scene and come back 2 later. This bill closes that incentive and 3 makes it even-steven and raises the penalties 4 for leaving the scene and not taking care of 5 that injured party. 6 There would be people around today 7 if someone -- if these people would stop, take 8 care of the injured party and deal with the 9 legal ramifications afterward. But because of 10 the current law's weakness, they don't. This 11 bill fixes that. Hopefully it will discourage 12 them from leaving the scene, save lives, and 13 make our roadways safer for everyone. 14 I thank all my colleagues who voted 15 for this piece of legislation, and I thank the 16 members of the other house and Assemblyman 17 Weisenberg for carrying the bill in the other 18 house and passing that too. 19 Thank you. 20 THE PRESIDENT: You will be so 21 recorded as voting in the affirmative, 22 Senator. 23 Senator Golden, to explain your 24 vote. 25 SENATOR GOLDEN: To explain my

Candyco Transcription Service, Inc.

(518) 371-8910 1 vote, Madam President. 2 The bill that came out today that's 3 being passed here today by Senator Marcellino 4 and this conference sends a message across 5 this state that it's long overdue that we take 6 serious action against those that are 7 committing crimes here in this great state. 8 We had a couple up here today from 9 Brooklyn, New York. Their names are the 10 Papandreas family. Two years ago -- I'm 11 sorry, three years ago, in 2002, at Christmas 12 season, walking across the street, a 13 hit-and-run driver comes, kills this man at 14 10 o'clock in the morning, and leaves the 15 scene. He returns to the scene, drives past 16 it, never gets arrested. 17 A month later, the police 18 department becomes informed and they arrest 19 this man. And he serves four months in prison 20 for killing that individual -- known to the 21 police department for his speed, his reckless 22 endangerment, his reckless handling of a 23 vehicle, numerous summonses. 24 And today, this is a good sign by 25 getting that bill passed, so we don't have to

Candyco Transcription Service, Inc.

(518) 371-8910 1 see families across this state suffer like the 2 Papandreas family suffered or Amy Plantz 3 suffered from Albany County here. 4 There are 1,500 people killed in 5 traffic accidents a year -- 1,500 people. If 6 we could take those reckless drivers and those 7 that drive while intox and those that drive 8 under the influence of drugs, if we could take 9 them off the street and save hundreds of lives 10 a year and prevent these tragedies from 11 happening to these families -- so we have to 12 take this serious. 13 And hopefully we will get more of 14 these bills passed in this conference and in 15 the Assembly so that we can send a message and 16 take this seriously. 17 We took homicide seriously. 18 Twenty-four hundred homicides were committed 19 in this state in 1993. We got serious in the 20 City of New York and the State of New York, 21 and we changed the entire makeup of the city 22 and state in how we deal with crime. 23 We have to do the same thing today 24 with this dangerous driving that's going on 25 around the state. Make a difference. Make an

Candyco Transcription Service, Inc.

(518) 371-8910 1 impact. 2 And I commend you, Senator 3 Marcellino, and all of my colleagues on this 4 bill today. And I vote yes. 5 Thank you. 6 THE PRESIDENT: You will be so 7 recorded as voting in the affirmative, 8 Senator. 9 The Secretary will announce the 10 results. 11 THE SECRETARY: Ayes, 59. 12 THE PRESIDENT: The bill is 13 passed. 14 Senator Skelos, that completes the 15 reading of the calendar. 16 SENATOR SKELOS: Madam President, 17 if we could go back to motions and resolutions 18 and adopt the Resolution Calendar, with the 19 exception of Resolutions 1477 and 1528. 20 THE PRESIDENT: All in favor of 21 so adopting the Resolution Calendar please 22 signify by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The calendar is 2 so adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 if we could take up Resolution 1477, by 6 Senator Alesi, have the title read, move for 7 its immediate adoption, and open it up for 8 sponsorship. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator Alesi, 12 Legislative Resolution Number 1477, 13 memorializing Governor George E. Pataki to 14 proclaim April 25-30, 2005, as Small Business 15 Week in the State of New York. 16 THE PRESIDENT: All in favor of 17 the resolution please signify by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution is 22 adopted. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 if we could take up Resolution 1528, by

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Alesi, have the title read, move for 2 its immediate adoption, and open it up for 3 cosponsorship. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: By Senator Alesi, 7 Legislative Resolution Number 1528, 8 memorializing Governor George E. Pataki to 9 proclaim April 18, 2005, as Healthy and High 10 Performance Schools Day in New York State, and 11 to proclaim the week of week of April 18-22, 12 2005, as School Buildings Week in the State of 13 New York. 14 THE PRESIDENT: All in favor of 15 the resolution please signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (No response.) 19 THE PRESIDENT: The resolution is 20 adopted. 21 And any member who does not wish to 22 cosponsor the last two resolutions, please 23 notify the desk. 24 Senator Skelos. 25 SENATOR SKELOS: Is there any

Candyco Transcription Service, Inc.

(518) 371-8910 1 housekeeping at the desk? 2 THE PRESIDENT: Yes, there is, 3 Senator. 4 Senator Schneiderman. 5 SENATOR SCHNEIDERMAN: Yes, Madam 6 President. On behalf of Senator Oppenheimer, 7 I would move that the following bills be 8 discharged from their respective committees 9 and be recommitted with instructions to strike 10 the enacting clause: Senate Bill Number 3067. 11 THE PRESIDENT: So ordered. 12 SENATOR SCHNEIDERMAN: Thank you. 13 THE PRESIDENT: You're welcome. 14 Senator Skelos. 15 SENATOR SKELOS: Please recognize 16 Senator Klein. 17 THE PRESIDENT: Senator Klein. 18 SENATOR KLEIN: Madam President, 19 I have a motion at the desk and would like to 20 have it called up at this time and the 21 opportunity to speak on the said motion. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: Senate Print 25 2809, by Senator Klein, an act to amend the

Candyco Transcription Service, Inc.

(518) 371-8910 1 Elder Law. 2 THE PRESIDENT: Senator Klein. 3 SENATOR KLEIN: Thank you, Madam 4 President. 5 This motion would increase the 6 eligibility levels in the EPIC program. 7 Everyone knows that the EPIC program is a 8 wonderful opportunity for senior citizens to 9 save an awful lot of money on their 10 prescription drugs. Most seniors have the 11 ability to save 80 percent of their 12 prescription drug costs. 13 In the past, the problem with the 14 program was that the income eligibility was 15 very, very low. We used to have it at 16 $16,500. And several years ago we raised the 17 individual level to $35,000 and $50,000 for a 18 married couple. 19 My amendment would raise the 20 maximum income level for a single individual 21 to $50,000, and for a married couple to 22 $75,000. 23 This is extremely important, 24 because while the EPIC program is enjoyed by 25 many, I still believe that even people with

Candyco Transcription Service, Inc.

(518) 371-8910 1 that type of income level still have a very 2 large out-of-pocket expense when it comes to 3 prescription drugs. 4 The analysis that my office did 5 shows a tremendous positive impact for my 6 constituents in the Bronx and Westchester. If 7 we raise the income eligibility, over 600 more 8 individuals in Bronx County would be eligible 9 for the EPIC program and over 2,600 10 individuals in Westchester County. 11 So clearly the EPIC program, which 12 is funded by cigarette tax dollars, by our 13 increase in cigarette taxes and through the 14 tobacco settlement, with the legislation that 15 we passed recently and the Attorney General 16 denying access to purchase cigarettes over the 17 Internet through credit cards, I believe this 18 would increase our HCRA fund, increase the tax 19 revenue that we generate through cigarette 20 taxes, and enable us to raise this income 21 level. 22 I urge the passage of this motion. 23 THE PRESIDENT: All those 24 Senators in favor of the petition out of 25 committee please signify by raising your

Candyco Transcription Service, Inc.

(518) 371-8910 1 hands. 2 THE SECRETARY: Those recorded in 3 agreement are Senators Andrews, Breslin, 4 Brown, Dilan, Duane, Gonzalez, 5 Hassell-Thompson, Klein, L. Krueger, 6 C. Kruger, Montgomery, Onorato, Oppenheimer, 7 Parker, Paterson, Sabini, Sampson, Savino, 8 Schneiderman, Serrano, A. Smith, Stachowski, 9 Stavisky and Valesky. 10 THE PRESIDENT: The petition is 11 not agreed to. 12 Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 there being no further business to come before 15 the Senate, I move we stand adjourned until 16 Wednesday, April 20th, at 11:00 a.m. 17 THE PRESIDENT: On motion, the 18 Senate now stands adjourned until Wednesday, 19 April 20th, 11:00 a.m. 20 (Whereupon, at 3:35 p.m., the 21 Senate adjourned.) 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910