Wednesday, June 15, 2005

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 15, 2005 11 11:11 a.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

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(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: In the absence of 10 clergy, may we bow our heads in a moment of 11 silence, please. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 THE PRESIDENT: Reading of the 15 Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, June 14, the Senate met pursuant to 18 adjournment. The Journal of Monday, June 13, 19 was read and approved. On motion, Senate 20 adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Johnson, 5 from the Committee on Finance, reports the 6 following nominations: 7 As members of the Board of Trustees 8 of the City University of New York, Wellington 9 Z. Chen, of Little Neck, and Kathleen M. 10 Pesile, of Staten Island. 11 As members of the Board of Trustees 12 of the State University of New York, Randy 13 Daniels, of New York City, and Harvey F. 14 Wachsman, M.D., of Upper Brookville. 15 As a member of the 16 Rochester-Genesee Regional Transportation 17 Authority, Thomas R. Argust, of Rochester. 18 As a member of the Board of 19 Trustees of the New York State Higher 20 Education Services Corporation, Philip M. 21 Williams, of New Hartford. 22 As a trustee of the State 23 University Construction Fund, Eugene K. 24 Tyksinski, of Altamont. 25 As a member of the State Council on

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(518) 371-8910 1 the Arts, Daryl Roth, of New York City. 2 As a member of the Mental Health 3 Services Council, Thomas E. Holt, of 4 Jamestown. 5 As a member of the State Fire 6 Prevention and Building Code Council, Gary B. 7 Higbee, of New York City. 8 As a member of the Board of 9 Visitors of the Queens Children's Psychiatric 10 Center, Murray J. Ostrin, of Douglaston. 11 And as a member of the Board of 12 Visitors of the Rockland Children's 13 Psychiatric Center, Theresa O'Rourke, of 14 Tappan. 15 THE PRESIDENT: Senator Johnson. 16 SENATOR JOHNSON: Move the 17 nominations. 18 THE PRESIDENT: All in favor of 19 the nominations as listed by the Secretary 20 please signify by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The nominees are 25 all hereby confirmed.

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(518) 371-8910 1 Senator Morahan. 2 SENATOR MORAHAN: Thank you, 3 Madam President. 4 I know it's against the rules to 5 introduce people in the gallery, so I can't do 6 that today. But if I could, I would point out 7 that we have the George Grant Elementary 8 School from the great 38th Senatorial District 9 here with us in the gallery. And I would 10 welcome them if I could, but I can't, so I 11 will just say welcome. 12 Thank you very much. 13 THE PRESIDENT: Thank you, 14 Senator. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 if we could adopt the Resolution Calendar, 18 with the exception of Resolution 2503. 19 THE PRESIDENT: All in favor of 20 adopting the Resolution Calendar please 21 signify by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Opposed, nay. 24 (No response.) 25 THE PRESIDENT: The Resolution

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(518) 371-8910 1 Calendar is so adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Madam President, 4 at the desk is Resolution 2503, by Senator 5 Brown. If we could have it read in its 6 entirety and move for its immediate adoption. 7 THE PRESIDENT: Motions and 8 resolutions. 9 The Secretary will read. 10 THE SECRETARY: By Senator Brown, 11 Legislative Resolution Number 2503, mourning 12 the untimely death of Lieutenant Colonel 13 Terrence K. Crowe, of Grand Island, New York, 14 and paying tribute to his courageous actions 15 as a member of the United States Army. 16 "WHEREAS, The courage and bravery 17 of our military personnel since the United 18 States Armed Forces commenced Operation Iraqi 19 Freedom will ensure our continued role as a 20 nation which embodies the ideals of democracy 21 and as a defender of liberty for people 22 throughout the world; and 23 "WHEREAS, Members of the Armed 24 Services from the State of New York, who have 25 served so valiantly and honorably since

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(518) 371-8910 1 Operation Iraqi Freedom, deserve a special 2 salute from this Legislative Body; and 3 "WHEREAS, With deep regret, this 4 Legislative Body mourns the untimely death of 5 Lieutenant Colonel Terrence K. Crowe, of Grand 6 Island, New York, and pays tribute to his 7 courageous actions as a member of the United 8 States Army; and 9 "WHEREAS, An Army Reserve officer 10 from Grand Island who taught at Canisius 11 College, Terrence Crowe is the latest Western 12 New York soldier to make the ultimate 13 sacrifice in Iraq; and 14 "WHEREAS, Terrence Crowe, 44, a 15 member of the 98th Division, perished on 16 Tuesday, June 7, 2005, during an offensive in 17 the city of Tal Afar, near the Syrian border. 18 He was part of the Military Transition Team, 19 which mentors and assists new Iraqi security 20 forces; and 21 "WHEREAS, before being deployed to 22 Iraq in October of 2004, Terrence Crowe was an 23 assistant professor of military science with 24 the Reserve Officers Training Corps, or ROTC, 25 at Canisius College. His career in the active

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(518) 371-8910 1 Army, the National Guard, and the Reserve 2 spanned 17 years; and 3 "WHEREAS, Terrence Crowe graduated 4 from Niagara University, where he earned his 5 Army commission as a second lieutenant. He 6 was on active duty from 1982 to 1992, serving 7 with the 2nd Armored Division in Germany and 8 Fort Hood, Texas; and 9 "WHEREAS, Niagara University has 10 organized a scholarship fund in honor of 11 Terrence Crowe. He is survived by his 12 children, Jeremiah and Clara; his parents, 13 George and Mary Ann; and numerous family 14 members; and 15 "WHEREAS, Residents of this great 16 state must never forget the courage with which 17 these men and women served their country, and 18 must recognize that no greater debt is owed 19 than that owed to those who gave their lives 20 for their beloved nation and to those who 21 continue to be missing in action; and 22 "WHEREAS, The freedoms and security 23 we cherish as Americans come at a very high 24 price for those serving in the military in 25 times of conflict. It is fitting and proper

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(518) 371-8910 1 that we who are the beneficiaries of those who 2 risk their lives, leaving their families 3 behind, express our appreciation and eternal 4 gratitude for their sacrifices and courageous 5 acts; now, therefore, be it 6 "RESOLVED, That this Legislative 7 Body pause in its deliberations to mourn the 8 untimely death of Lieutenant Colonel Terrence 9 K. Crowe of Grand Island, New York, and to pay 10 tribute to his courageous actions as a member 11 of the United States Army; and be it further 12 "RESOLVED, That a copy of this 13 resolution, suitably engrossed, be transmitted 14 to the family of Lieutenant Colonel Terrence 15 K. Crowe." 16 THE PRESIDENT: Senator Brown. 17 SENATOR BROWN: Thank you, Madam 18 President. 19 I wanted to just take a moment to 20 thank my colleagues for affording me the 21 opportunity to recognize the memory of 22 Lieutenant Colonel Terrence K. Crowe. 23 Certainly it is the custom of this house to 24 recognize those courageous men and women who 25 have served our country in war and who have

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(518) 371-8910 1 untimely lost their lives in such service to 2 our country. 3 Lieutenant Colonel Terrence K. 4 Crowe was a resident of Grand Island -- that 5 is in the 60th Senate district -- and our 6 community is mourning over his loss. And I 7 thank all of my colleagues for recognizing 8 Colonel Crowe. 9 I want to just extend my sympathies 10 to the family of Lieutenant Colonel Crowe. He 11 lives behind two children, Jeremiah and Clara 12 Louise Crowe, and he was the son of George and 13 Mary Ann Crowe. 14 I ask that as we adjourn today we 15 do so in the memory of Lieutenant Colonel 16 Terrence Crowe, and certainly in remembrance 17 and in recognition to his courageous service 18 to our country. 19 Thank you. 20 THE PRESIDENT: On the 21 resolution, all in favor please signify by 22 saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The resolution is 2 adopted. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 I believe there are substitutions to be made 6 at the desk. 7 THE PRESIDENT: There are, 8 Senator. 9 The Secretary will read. 10 THE SECRETARY: On page 4, 11 Senator Marcellino moves to discharge, from 12 the Committee on Rules, Assembly Bill Number 13 3494A and substitute it for the identical 14 Senate Bill Number 769A, Third Reading 15 Calendar 49. 16 On page 10, Senator Fuschillo moves 17 to discharge, from the Committee on Rules, 18 Assembly Bill Number 4254A and substitute it 19 for the identical Senate Bill Number 3492A, 20 Third Reading Calendar 319. 21 On page 37, Senator Robach moves to 22 discharge, from the Committee on Rules, 23 Assembly Bill Number 3454A and substitute it 24 for the identical Senate Bill Number 1893A, 25 Third Reading Calendar 994.

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(518) 371-8910 1 On page 58, Senator Nozzolio moves 2 to discharge, from the Committee on Rules, 3 Assembly Bill Number 1438A and substitute it 4 for the identical Senate Bill Number 1076A, 5 Third Reading Calendar 1456. 6 On page 58, Senator Johnson moves 7 to discharge, from the Committee on Rules, 8 Assembly Bill Number 7535 and substitute it 9 for the identical Senate Bill Number 2464, 10 Third Reading Calendar 1457. 11 On page 58, Senator Volker moves to 12 discharge, from the Committee on Civil Service 13 and Pensions, Assembly Bill Number 3969 and 14 substitute it for the identical Senate Bill 15 Number 2494, Third Reading Calendar 1459. 16 On page 58, Senator Spano moves to 17 discharge, from the Committee on Crime 18 Victims, Crime and Correction, Assembly Bill 19 Number 6717 and substitute it for the 20 identical Senate Bill Number 3660, Third 21 Reading Calendar 1462. 22 On page 58, Senator Johnson moves 23 to discharge, from the Committee on Rules, 24 Assembly Bill Number 6790 and substitute it 25 for the identical Senate Bill Number 4000,

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(518) 371-8910 1 Third Reading Calendar 1463. 2 On page 59, Senator Valesky moves 3 to discharge, from the Committee on Rules, 4 Assembly Bill Number 8186 and substitute it 5 for the identical Senate Bill Number 5341, 6 Third Reading Calendar 1465. 7 On page 59, Senator LaValle moves 8 to discharge, from the Committee on Rules, 9 Assembly Bill Number 6460B and substitute it 10 for the identical Senate Bill Number 4148A, 11 Third Reading Calendar 1466. 12 And on page 58, Senator Valesky 13 moves to discharge, from the Committee on 14 Rules, Assembly Bill Number 7108 and 15 substitute it for the identical Senate Bill 16 Number 4065, Third Reading Calendar 1472. 17 THE PRESIDENT: Substitutions 18 ordered. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Farley. 24 SENATOR FARLEY: Thank you, Madam 25 President.

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(518) 371-8910 1 On behalf of Senator Skelos, I 2 offer amendments to the following Third 3 Reading Calendar bills: 4 Page 14, Calendar 411, Senate Print 5 495; 6 On behalf of Senator Balboni, on 7 page 27, Calendar 783, Senate Print 4289; 8 On behalf of Senator Padavan, on 9 page 30, Calendar Number 844, Senate Print 10 3169; 11 On behalf of Senator Johnson, on 12 page 57, Calendar 1450, Senate Print 5517; 13 And on behalf of Senator Volker, on 14 page 32, Calendar 898, Senate Print 4343A. 15 I ask that these bills be amended 16 and that they retain their place. 17 THE PRESIDENT: The amendments 18 are received, and the bills will retain their 19 place on the Third Reading Calendar. 20 Senator Skelos. 21 SENATOR SKELOS: Madam President, 22 if we could go to the noncontroversial 23 calendar. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 47, by Senator Bruno, Senate Print 1370, 3 Concurrent Resolution of the Senate and 4 Assembly proposing amendments to the 5 constitution. 6 THE PRESIDENT: On the concurrent 7 resolution, the Secretary will call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 49. 10 THE PRESIDENT: The resolution is 11 adopted. 12 The roll call is withdrawn. 13 The Secretary will put the 14 resolution before the house. 15 THE SECRETARY: Calendar Number 16 47, by Senator Bruno, Senate Print 1370, 17 Concurrent Resolution of the Senate and 18 Assembly proposing amendments to the 19 constitution. 20 THE PRESIDENT: On the concurrent 21 resolution, the Secretary will call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 47 are 25 Senators Duane, Hassell-Thompson, Montgomery,

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(518) 371-8910 1 Savino and Schneiderman. 2 Ayes, 44. Nays, 5. 3 THE PRESIDENT: The resolution is 4 adopted. 5 THE SECRETARY: Calendar Number 6 249, by Senator Little, Senate Print 2778A, an 7 act to amend the Indian Law and the Criminal 8 Procedure Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 48. Nays, 16 1. Senator Stachowski recorded in the 17 negative. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 330, by Member of the Assembly Englebright, 22 Assembly Print Number 5209, an act to amend 23 the Public Health Law and the Correction Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 6. This 2 act shall take effect on the 30th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 49. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 335, by Senator Volker, Senate Print 1531, an 10 act to amend the Penal Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 47. Nays, 19 2. Senators Duane and Montgomery recorded in 20 the negative. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 410, by Member of the Assembly Englebright, 25 Assembly Print Number 2664, an act to amend

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(518) 371-8910 1 the Correction Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 90th day. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 49. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 412, by Senator Skelos, Senate Print 496A, an 13 act to amend the Correction Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the 180th day. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 47. Nays, 21 2. Senators Duane and Montgomery recorded in 22 the negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: In relation to

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(518) 371-8910 1 Calendar Number 412: Ayes, 48. Nays, 1. 2 Senator Montgomery recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 414, by Senator Alesi, Senate Print 970, an 7 act to amend the Correction Law. 8 THE PRESIDENT: Read the last 9 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 SECRETARY: Ayes, 47. Nays, 15 2. Senators Hassell-Thompson and Montgomery 16 recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 450, by Senator Larkin, Senate Print 1398B, an 21 act to amend the Vehicle and Traffic Law. 22 THE WITNESS: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of

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(518) 371-8910 1 November. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 48. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 538, by Senator Maziarz, Senate Print 4074, an 10 act to amend the Workers' Compensation Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 6. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 50. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 559, by Senator Marchi, Senate Print 4009, an 22 act to amend the Retirement and Social 23 Security Law and the Administrative Code of 24 the City of New York. 25 THE PRESIDENT: There is a

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(518) 371-8910 1 home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 5. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 50. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 612, by Senator Fuschillo, Senate Print 2223A, 12 an act to amend the General Business Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect July 1, 2006. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 50. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 652, by Senator Skelos, Senate Print 483, an 24 act to amend the Correction Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 30th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 48. Nays, 7 1. Senator Montgomery recorded in the 8 negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Excuse me. Ayes, 12 49. Nays, 1. Senator Montgomery recorded in 13 the negative. 14 THE PRESIDENT: The bill is still 15 passed. 16 THE SECRETARY: Calendar Number 17 654, by Member of the Assembly Koon, Assembly 18 Print Number 3156, an act to amend the 19 Correction Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Those recorded in 2 the negative on Calendar Number 654 are 3 Senators Andrews, Duane, Hassell-Thompson, 4 Montgomery, Paterson, Serrano and A. Smith. 5 Ayes, 43. Nays, 7. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 655, by Senator -- 10 In relation to Calendar Number 654, 11 also Senator Diaz recorded in the negative. 12 Ayes, 42. Nays, 8. 13 THE PRESIDENT: The bill is 14 passed. 15 Please be sure, each member, to 16 raise your hand clearly to indicate your vote 17 in the negative if you so choose. 18 THE SECRETARY: Calendar Number 19 655, by Senator Nozzolio, Senate Print 1323A, 20 an act to amend the Correction Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 49. Nays, 3 1. Senator Montgomery recorded in the 4 negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 657, by Senator Alesi, Senate Print 4025, an 9 act to amend the Correction Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 48. Nays, 18 2. Senators Duane and Montgomery recorded in 19 the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 722, by Senator Flanagan, Senate Print 2839, 24 an act to amend the Penal Law and the 25 Correction Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the 90th day. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 50. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 724, by Senator Volker, Senate Print 3230, an 12 act to amend the Penal Law and the Correction 13 Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 4. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 50. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 883, by Senator LaValle, Senate Print 913, an 25 act to amend the Penal Law and the Correction

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(518) 371-8910 1 Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the first of 6 November. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 50. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 903, by Senator DeFrancisco, Senate Print 14 4837, an act to amend the Civil Practice Law 15 and Rules. 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, 50. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 911, by Senator Fuschillo, Senate Print 4040, 2 an act to amend the Retirement and Social 3 Security Law. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 50. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1040, by Senator Nozzolio, Senate Print 505, 15 an act to amend the General Municipal Law. 16 THE PRESIDENT: Read the last 17 section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 There is a home-rule message at the 22 desk. 23 Read the last section. 24 THE SECRETARY: Section 4. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 51. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1046, by Senator Little, Senate Print 5288, an 9 act to amend the Environmental Conservation 10 Law and the County Law. 11 THE PRESIDENT: There is a local 12 fiscal impact note at the desk. 13 Read the last 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 1059, by Senator Libous, Senate Print 3890, an 23 act to amend the Vehicle and Traffic Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. 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 1193, by Senator Marchi, Senate Print 2235, an 10 act to amend the Public Authorities Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 180th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1193 are 19 Senators Duane and L. Krueger. 20 Ayes, 51. Nays, 2. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 1199, by Senator Golden, Senate Print 5148B, 25 an act to amend the Vehicle and Traffic Law.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 90th day. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1199 are 9 Senators Montgomery, Onorato and M. Smith. 10 Also Senator Andrews. 11 Ayes, 49. Nays, 4. 12 THE PRESIDENT: The bill is 13 passed. 14 Again, I'm going to ask the members 15 to clearly indicate your vote in a prompt 16 manner. Thank you. 17 THE SECRETARY: Calendar Number 18 1223, by Member of the Assembly Zebrowski, 19 Assembly Print Number 8052, an act to amend 20 the Retirement and Social Security Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 53. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1239, by Senator Nozzolio, Senate Print 1750, 7 an act to amend the Election Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section -- 11 SENATOR MONTGOMERY: Lay it 12 aside. 13 THE PRESIDENT: The bill is laid 14 aside. 15 THE SECRETARY: Calendar Number 16 1244, by Senator Skelos, Senate Print 481, an 17 act to amend the Correction Law. 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, 52. Nays, 25 1. Senator Montgomery recorded in the

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(518) 371-8910 1 negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1245, by Senator Alesi, Senate Print 967, an 6 act to amend the Correction Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Those recorded in 14 the negative on Calendar Number 1245 are 15 Senators Duane, L. Krueger and Montgomery. 16 Ayes, 50. Nays, 3. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 1246, by Senator Skelos, Senate Print 1168A, 21 an act to amend the Correction Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 7. This 25 act shall take effect immediately.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 52. Nays, 4 1. Senator Duane -- excuse me. 5 Ayes, 51. Nays, 2. Senators Duane 6 and Montgomery recorded in the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1248, by Senator LaValle, Senate Print 1552, 11 an act to amend the Correction Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. 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 1251, by Senator Larkin, Senate Print 2345A, 23 an act to amend the Correction Law and others. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 7. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE PRESIDENT: Senator 6 Montgomery, to explain your vote. 7 SENATOR MONTGOMERY: Yes, Madam 8 President, I'm certainly going to vote against 9 this. I just want to explain my vote. 10 This really goes way, way beyond 11 what I think is reasonable, in that we are 12 including 13-year-olds, 13- and 14-year-olds, 13 whose records are -- theoretically should be 14 sealed. There is an issue here of privacy 15 with these young people, and yet we're 16 requiring them to be in a registry for the 17 rest of their lives. 18 So I really think that this is 19 something that we should oppose, because as a 20 policy it really violates the reasonableness 21 of the judicial system which attempts to 22 protect the rights of young people as it 23 relates to having their records sealed. 24 I vote no. 25 THE PRESIDENT: You will be so

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(518) 371-8910 1 recorded as voting in the negative, Senator. 2 The Secretary will announce the 3 results. 4 THE SECRETARY: Those recorded in 5 the negative on Calendar Number 1251 are 6 Senators Andrews, Duane, L. Krueger and 7 Montgomery. 8 Ayes, 49. Nays, 4. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1254, by Senator Skelos, Senate Print 3506A, 13 an act to amend the Correction Law and others. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 33. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 52. Nays, 21 1. Senator Montgomery recorded in the 22 negative. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1255, by Senator Nozzolio, Senate Print 4024, 2 an act to amend the Correction Law. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 September. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 51. Nays, 11 2. Senators Duane and Montgomery recorded in 12 the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar Number 16 1258, by Senator Rath, Senate Print 4936A, an 17 act to amend the Correction Law. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first of 22 November. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 52. Nays,

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(518) 371-8910 1 1. Senator Montgomery recorded in the 2 negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1259, by Senator Rath, Senate Print 4937, an 7 act to amend the Correction Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first of 12 November. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1261, by Senator Skelos, Senate Print 5244A, 20 an act to amend the Correction Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 51. Nays, 3 2. Senators Duane and Montgomery recorded in 4 the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1265, by Senator Alesi, Senate Print 5000, an 9 act to amend the Social Services Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 51. Nays, 18 2. Senators Duane and Montgomery recorded in 19 the negative. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 1293, by Senator Little, Senate Print 5326A, 24 an act to amend the Local Finance Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1296, by Senator Little, Senate Print 5329A, 11 an act to amend the Local Finance Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. 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 1297, by Senator Little, Senate Print 5397, an 23 act to authorize the City of Glens Falls. 24 THE PRESIDENT: There is a 25 home-rule message at the desk.

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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 5. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1307, by Senator Farley, Senate Print 4047, an 11 act to amend the Banking Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 5. 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 1308, by Senator Farley, Senate Print 4050, an 23 act to amend the Banking Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 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 1309, by Senator Farley, Senate Print 4386, an 10 act to amend the Banking Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1319, by Senator Spano, Senate Print 5207, an 22 act to amend the Education Law and others. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 17. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 53. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1324, by Senator Marchi, Senate Print 5417, an 9 act to amend Chapter 697 of the Laws of 2004. 10 THE PRESIDENT: There is a 11 home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1345, by Senator Flanagan, Senate Print 2806, 22 an act to amend the Correction Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the 90th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 51. Nays, 5 2. Senators Duane and Montgomery recorded in 6 the negative. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1379, by Senator Skelos, Senate Print 5404, an 11 act to amend the Correction Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the first of January. 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 1424, by Senator Wright, Senate Print 5413B, 23 an act to amend the Highway Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 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 1442, by Senator Nozzolio, Senate Print 5197, 10 an act to amend the Executive Law and others. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 9. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 1442 are 19 Senators Andrews, Hassell-Thompson and 20 Montgomery. 21 Ayes, 50. Nays, 3. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1447, by Senator Young, Senate Print 5509, an

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(518) 371-8910 1 act to amend the Education Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 180th day. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 52. Nays, 9 1. Senator Montgomery recorded in the 10 negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 1448, by Senator Golden, Senate Print 5512, an 15 act to amend the Public Officers Law. 16 THE PRESIDENT: Read the last 17 section. 18 SENATOR MONTGOMERY: Lay it 19 aside. 20 THE PRESIDENT: The bill is laid 21 aside. 22 THE SECRETARY: Calendar Number 23 1453, by Senator Volker, Senate Print 5575, an 24 act to amend the Criminal Procedure Law. 25 THE PRESIDENT: Read the last

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(518) 371-8910 1 section. 2 THE SECRETARY: Section 6. This 3 act shall take effect on the 120th day. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1455, by Senator Padavan, Senate Print 1044, 11 an act to amend the Vehicle and Traffic Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the 90th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE PRESIDENT: The Secretary 19 will announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1455 are 22 Senators Bonacic, Duane, Farley, Leibell, 23 Libous, Little, Maltese, Maziarz, Meier, 24 Morahan, Seward, A. Smith, Spano, Winner and 25 Wright.

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(518) 371-8910 1 Ayes, 38. Nays, 15. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1456, substituted earlier today by Member of 6 the Assembly John, Assembly Print Number 7 1438A, an act to amend Chapter 219 of the Laws 8 of 2002. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1457, substituted earlier today by Member of 20 the Assembly Gantt, Assembly Print Number 21 7535, an act to amend the Vehicle and Traffic 22 Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 52. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1458, by Senator Winner, Senate Print 2483, an 10 act to amend the Tax Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 180th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1459, substituted earlier today by Member of 22 the Assembly Tokasz, Assembly Print Number 23 3969, an act to amend the Civil Service Law. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 53. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1460, by Senator Spano, Senate Print 2893B, an 10 act to amend the State Finance Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 180th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1461, by Senator Farley, Senate Print 3654A, 22 an act to authorize the transfer of property. 23 THE PRESIDENT: There is a 24 home-rule message at the desk. 25 Read the last section.

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(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect immediately. 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 1462, substituted earlier today by Member of 10 the Assembly Paulin, Assembly Print Number 11 6717, an act to amend the Executive Law. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. 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 ACTING PRESIDENT LITTLE: Senator 22 Skelos. 23 SENATOR SKELOS: Madam President, 24 if we could move to reconsider the vote by 25 which Calendar Number 1460 passed, and lay it

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(518) 371-8910 1 aside. 2 ACTING PRESIDENT LITTLE: The 3 Secretary will read. 4 THE SECRETARY: Calendar Number 5 1460, by Senator Spano, Senate Print 2893B, an 6 act to amend the State Finance Law. 7 SENATOR SCHNEIDERMAN: Lay it 8 aside. 9 SENATOR SKELOS: Madam President, 10 if we could withdraw the roll call and lay it 11 aside. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will call the roll on 14 reconsideration of the bill. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 53. 17 ACTING PRESIDENT LITTLE: The 18 bill is laid aside. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1463, substituted earlier today by Member of 22 the Assembly Sweeney, Assembly Print Number 23 6790, an act to amend the Correction Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 60th day. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1464, by Senator Wright, Senate Print 4034, an 11 act to amend the Public Authorities Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1465, substituted earlier today by the 24 Assembly Committee on Rules, Assembly Print 25 Number 8186 --

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(518) 371-8910 1 SENATOR MEIER: Lay the bill 2 aside. 3 ACTING PRESIDENT LITTLE: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 1466, substituted earlier today by Member of 7 the Assembly DiNapoli, Assembly Print Number 8 6460B, an act to amend the Environmental 9 Conservation Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 53. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1467, by Senator Hannon, Senate Print 4239, an 22 act to amend the Public Health Law. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 53. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1468, by Senator Flanagan, Senate Print 4924A, 10 an act in relation to granting. 11 ACTING PRESIDENT LITTLE: There 12 is a home-rule message at the desk. 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1469, by Senator Padavan, Senate Print 4968, 24 an act to amend the Retirement and Social 25 Security Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 4. 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, 53. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1470, by the Senate Committee on Rules, Senate 13 Print Number 5258, an act to amend the Tax 14 Law. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1471, by Senator Wright, Senate Print 5282, an 2 act to amend the Civil Practice Law and Rules 3 and others. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 8. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 53. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1472, substituted earlier today by Member of 16 the Assembly Magee -- 17 SENATOR MEIER: Lay the bill 18 aside. 19 ACTING PRESIDENT LITTLE: The 20 bill is laid aside. 21 THE SECRETARY: Calendar Number 22 1473, by the Senate Committee on Rules, Senate 23 Print Number 5388, an act to amend the Tax Law 24 and Chapter 535 of the Laws of 1987. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 53. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1474, by Senator Marchi, Senate Print 5497 -- 12 SENATOR SKELOS: Lay it aside for 13 the day, please. 14 ACTING PRESIDENT LITTLE: The 15 bill is laid aside for the day. 16 THE SECRETARY: Calendar Number 17 1475, by Senator Maziarz, Senate Print 5503, 18 an act to amend the Parks, Recreation and 19 Historic Preservation Law and others. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 19. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 53. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1476, by Senator Young, Senate Print 5506, an 7 act to amend the Tax Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the first of January. 12 ACTING PRESIDENT LITTLE: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 53. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1477, by the Senate Committee on Rules, Senate 20 Print Number 5519, an act to amend the Tax 21 Law. 22 ACTING PRESIDENT LITTLE: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(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 THE SECRETARY: Calendar Number 8 1478, by Senator Meier, Senate Print 5526, an 9 act to legalize, validate, ratify and confirm. 10 ACTING PRESIDENT LITTLE: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 53. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1479, by Senator Young, Senate Print 5535, an 23 act to amend the Agriculture and Markets Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 53. 7 ACTING PRESIDENT LITTLE: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1480, by Senator Young, Senate Print 5536, an 11 act to amend the Agriculture and Markets Law. 12 ACTING PRESIDENT LITTLE: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT LITTLE: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 53. 20 ACTING PRESIDENT LITTLE: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1483, by the Senate Committee on Rules, Senate 24 Print Number 5562, an act to amend the Tax 25 Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 3. 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, 53. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1484, by Senator Bonacic, Senate Print 5592, 13 an act to amend the Flood Assessment Relief 14 Act of 2005. 15 ACTING PRESIDENT LITTLE: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT LITTLE: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 53. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1485, by the Senate Committee on Rules -- 2 SENATOR LIZ KRUEGER: Lay it 3 aside. 4 ACTING PRESIDENT LITTLE: The 5 bill is laid aside. 6 Senator Skelos, that completes the 7 noncontroversial reading of the calendar. 8 SENATOR SKELOS: Thank you, Madam 9 President. 10 If we could go to the controversial 11 reading at this time. 12 ACTING PRESIDENT LITTLE: The 13 Secretary will ring the bell. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1239, by Senator Nozzolio, Senate Print 1750, 17 an act to amend the Election Law. 18 SENATOR MONTGOMERY: Explanation. 19 SENATOR SKELOS: Lay it aside 20 temporarily. 21 ACTING PRESIDENT LITTLE: The 22 bill is laid aside temporarily. 23 THE SECRETARY: Calendar Number 24 1448, by Senator Golden, Senate Print 5512, an 25 act to amend the Public Officers Law.

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(518) 371-8910 1 SENATOR MONTGOMERY: Explanation. 2 SENATOR SKELOS: Lay it aside 3 temporarily. 4 ACTING PRESIDENT LITTLE: The 5 bill is laid aside temporarily. 6 THE SECRETARY: Calendar Number 7 1460, by Senator Spano, Senate Print 2893B, an 8 act to amend the State Finance Law. 9 SENATOR MONTGOMERY: Explanation. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Spano, for an explanation. 13 SENATOR SPANO: Madam President, 14 this bill puts a uniform process into law that 15 would require public contracts to include a 16 clause that authorizes contractors to recover 17 damages for delay. 18 It basically takes the standards 19 that are in place now for OGS, for Department 20 of Transportation, for DOT, as well as MTA, 21 and puts them in place for -- all across the 22 state. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 Senator Schneiderman.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: Thank you, 2 Madam President. If the sponsor would yield 3 for a question. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Spano, will you yield for a 7 question? 8 SENATOR SPANO: Yes. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 SENATOR SCHNEIDERMAN: Is this 12 bill identical to -- or is there any 13 difference, if the sponsor could share with 14 us, between this bill and the bill that was 15 vetoed in 1998 by the Governor? 16 SENATOR SPANO: Yes. We attempt 17 to address the issues that were raised by the 18 Governor in his veto message. We do that by 19 clarifying the liability for damages and talk 20 about the actions and the omissions of the 21 public agency that are incurred. 22 What I mean by that, you know, 23 there was a court decision that basically put 24 the burden of proof on the contractors to 25 prove bad faith on the part of the agency.

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(518) 371-8910 1 What we're attempting to do here is 2 level the playing field so if there are 3 agencies that are delaying contracts 4 unnecessarily, costing contractors money, that 5 they would be able to or be authorized to 6 recover those damages. 7 So we're attempting to address the 8 Governor's concerns with this bill as well. 9 SENATOR SCHNEIDERMAN: Through 10 you, Madam President, if the sponsor would 11 continue to yield. 12 SENATOR SPANO: Yes. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 The sponsor continues to yield. 16 SENATOR SCHNEIDERMAN: Who is 17 going to pay those damages? Does this provide 18 for any sort of insurance, or are the local 19 taxpayers going to be on the hook for whatever 20 damages are provided for? 21 SENATOR SPANO: I would submit to 22 you now that the local taxpayers are on the 23 hook for substantially more money than they 24 had have to pay with the enactment of this 25 legislation, because it's the local taxpayers

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(518) 371-8910 1 who have to sustain the burden of contracts 2 that are going on sometimes for months and 3 sometimes for years and have to look at the 4 delays in contracts, whether it be a road 5 construction or a bridge contract, where all 6 of a sudden, through excavation, they find 7 additional problems out there. 8 The agency slows down the process 9 sometimes on purpose, it's alleged. And as a 10 result, these contractors have no alternative 11 but to either go out of business or shoulder 12 the entire responsibility. 13 Ultimately, the responsibility will 14 fall on the part of the taxpayers for the 15 existing burden of damages for delay. This 16 bill would require -- would allow for the 17 recovering of those damages, and of course 18 those would be paid by the local governments 19 and taxpayers, but I would submit to you at a 20 much lesser cost. 21 SENATOR SCHNEIDERMAN: Through 22 you, Madam President, if the sponsor would 23 continue to yield. 24 SENATOR SPANO: Yes. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. The sponsor continues to yield. 2 SENATOR SCHNEIDERMAN: The 3 provision that I gather is an effort to 4 address the issues raised in the Governor's 5 veto message is the final provision in the 6 bill, which states that there is liability if 7 the cost to the municipality, the cause of 8 delay was "acts or omissions of its public 9 owner, its agents, employees or others." 10 And then later on it also adds "or 11 attributable to any differing site conditions 12 or significant or qualitative changes in the 13 character of the work." 14 So if, because circumstances 15 changed, either financially for the local 16 government, politically, or just because of an 17 act of God, there were differing site 18 conditions or significant or qualitative 19 changes in the character of the work, as 20 drafted here, that local government would be 21 on the hook; is that not correct? 22 SENATOR SPANO: Differing site 23 conditions mean not a political condition. 24 Differing site conditions would be once they 25 open a street and they uncover a large deal of

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(518) 371-8910 1 stone that needs to be moved that's going to 2 cost a lot more money, requiring the 3 contractor to go back and say this will -- we 4 will need additional costs to make this 5 happen, then the municipal government would 6 have to move expeditiously to give them an 7 answer and not wait six or eight months where 8 they keep people working, they keep equipment 9 out on the streets at the job site and also 10 cause an inconvenience to the taxpayers. 11 So these are damages that are 12 unknown at the time of the letting of the 13 contract. 14 SENATOR SCHNEIDERMAN: But there 15 is no definition of the time in this bill, is 16 there? Doesn't it just refer to an 17 unreasonable period of time for a delay, 18 without any definition? 19 SENATOR SPANO: What we try to do 20 is put in place definitions in the bill that 21 speak to the cause of delay. And also we 22 define delay, the differing site conditions, 23 the significant or qualitative change. Each 24 of those are parts of the bill that we try to 25 tighten it as much as we can to provide an

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(518) 371-8910 1 assurance for the contractors that they'll be 2 paid for the job that they're doing. 3 SENATOR SCHNEIDERMAN: Thank you, 4 Madam President. Thank the sponsor. 5 On the bill. 6 ACTING PRESIDENT LITTLE: Thank 7 you. Senator Schneiderman, on the bill. 8 SENATOR SCHNEIDERMAN: I think 9 that I appreciate and it is absolutely clear 10 that the intent of this legislation is to 11 protect contractors. And no one has any doubt 12 that under certain circumstances and at 13 certain times contractors suffer because of 14 delays for which they're not really 15 responsible in public contracts. 16 However, as this bill is drafted, 17 it provides that contractors can seek damages 18 for delay, requires local governments to pay 19 for damages for delay, if the performance of 20 all or any part of the work is delayed for an 21 unreasonable period of time under the 22 circumstances, which is totally open-ended and 23 undefined, and then provides a long list of 24 causes of delay by the public owner, including 25 this somewhat bizarre, to me, provision that

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(518) 371-8910 1 if there is a differing site condition -- as 2 the sponsor said, if you're digging up a 3 street and you uncover, you know, rocks -- or 4 say you uncover an archeological treasure 5 trove of Revolutionary War memorabilia buried 6 there -- this is a situation in which the 7 contractor would have the right to go seek 8 damages because of the delay. 9 This is not a delay that really 10 should -- for which a local government should 11 be held accountable. 12 So it seems as though this has been 13 written in a way that just goes two or three 14 steps too far in favor of the contractors and 15 would impose a significant burden on local 16 governments. 17 I think that, you know, one of the 18 things that we talk about here a lot is the 19 degree to which we push costs down onto local 20 governments from Albany, the degree to which 21 we have unfunded mandates and we create 22 burdens on local governments and yet don't 23 provide the money to deal with them. And 24 local governments all around the state are 25 facing problems, having to raise taxes and

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(518) 371-8910 1 facing, in some cases, very severe financial 2 straits. 3 This bill, in my view, would 4 probably add to that. I think that the 5 problem it seeks to address of contractors 6 sometimes really, frankly, being abused in 7 this process is something that is worth 8 addressing. As this bill is drafted now, I 9 think that it goes way too far. 10 And the Governor's words in vetoing 11 the bill I think gave us a clue as to where we 12 should go with the drafting of this 13 legislation that, in my view, we haven't 14 really pursued, we haven't really followed. 15 The Governor -- and, you know, when I'm 16 quoting the Governor favorably, that's a rare 17 day, but I find here that he was absolutely on 18 point. 19 To a certainly degree, he said, 20 delays are inherent in many major construction 21 projects. You know, to the extent that they 22 are within the contemplation of the 23 contracting parties or are reasonable, they 24 should not be basis for recovery from public 25 entities.

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(518) 371-8910 1 Now, the problem here is there's no 2 definition as to what is reasonable. And in 3 fact, this additional provision seems to 4 indicate that any change in site conditions, 5 whether or not it's the responsibility of the 6 public owner, would provide the basis for 7 delay. 8 "The fiscal implications of this 9 cannot be estimated." That was, again, a part 10 of the veto message. And I would urge my 11 colleagues that let's take a close look at the 12 impact this would have on local governments. 13 I believe that, as presently drafted, this 14 could be tremendously disruptive. 15 A long list of local governments 16 and entities opposed this statute the last 17 time around. I think as they become aware of 18 these provisions, they will join in opposing 19 it. I think this falls in the category of 20 bills that need a little more work before 21 we're ready to pass them. 22 I do recognize the seriousness of 23 the issue that the sponsor is attempting to 24 deal with. This is not, in my view, the best 25 way to deal with it.

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(518) 371-8910 1 Thank you, Madam President. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Madam President. 7 This is one of the rare times when 8 I'm going to be in disagreement -- on the 9 bill -- I'm going to be in disagreement with 10 my colleague Senator Schneiderman. 11 One of the things that tends to 12 happen is that within construction -- and of 13 course the question is how would I know. 14 Well, for seven years I spent as the executive 15 director of the Westchester Minority 16 Contractors Association. And part of my 17 responsibility was to negotiate contracts with 18 the County of Westchester and the State of 19 New York. 20 And one of my concerns then, and 21 continues to be, is that people in state 22 government and in local municipalities don't 23 have a realization of what reasonable time is. 24 Let's take, for example, the burial grounds 25 that have just been uncovered. The contractor

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(518) 371-8910 1 who is in the process of doing that work is 2 now going to be stuck until a political 3 decision is made about what is going to happen 4 to the remains that are found. 5 If we're doing -- when we talk 6 about construction sites, we talk about not 7 necessarily a mystery. Part of what 8 architects are supposed to do, the 9 pre-preparation is supposed to identify any 10 problems that might be identified within a 11 project. However, many times, like the burial 12 grounds that have been uncovered, this is not 13 something that is anticipated. 14 There is what is considered a 15 reasonable amount of time in which government 16 should make a determination about what is 17 going to happen. But the contractor is on the 18 hook every day while they wait. Also the 19 subcontractor, who, in most cases, is the one 20 who really takes the brunt of this. 21 Because we have passed legislation 22 over the years in order to make it possible 23 for the subcontractor to be paid within a 24 reasonable amount of time, well, it's maybe 25 45 or 60 days before the sub is paid after the

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(518) 371-8910 1 prime is paid. But if the prime is not paid 2 for six months while somebody makes a 3 political decision, then that means six months 4 plus 60 days before the sub is paid. 5 Now, we -- many of us like to think 6 of contractors as being those bad bogeymen who 7 make a lot of money and are corrupt and 8 whatever. And in every industry, that exists. 9 It doesn't matter what you do what, whether 10 it's in medicine or whether it's in 11 construction, there are always going to be 12 unscrupulous people. But there are also a 13 plethora of people in the business who use it 14 to feed their families and who support their 15 communities. 16 And many of those are contractors 17 that I have represented in the past and still 18 continue to advocate in many areas for. And I 19 understand that the plight of those 20 contractors are always dependent upon when 21 contracts are awarded and how long before 22 their first check begins to roll out. 23 And when payments are delayed 24 unreasonably -- and unreasonably is anything 25 more than 60 days without an explanation --

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(518) 371-8910 1 and when sites, when people are on sites, they 2 are still being charged for these projects 3 whether or not any work is being done. 4 So that unreasonable is not -- is 5 not necessarily something that in many of 6 these construction projects that you can put a 7 time limit on. You can't say 20 days, you 8 can't say 30 days. But reasonable has a lot 9 to do with the size of the project, the sites 10 involved, and the kinds of things that caused 11 the delay. 12 One of the concerns that I continue 13 to have is that our state agencies are not as 14 proactive as they need to be about how fast 15 paper moves. And all of us have had 16 experiences where contractors or somebody has 17 come to us and said contracts are stalled. 18 And it doesn't have to be a construction 19 contract, it can be a contract of any type. 20 And many times they're stalled because it's 21 sitting on somebody's desk, and a phone call 22 suddenly moves that piece of paper through the 23 system. And it isn't always -- it shouldn't 24 be necessary for that to happen, but too often 25 it does.

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(518) 371-8910 1 I speak not because I'm in support 2 of contractors per se. I am -- I am -- but I 3 am speaking from an experience about 4 unreasonable, unsupportable delays that occur, 5 not only in the awarding of contracts but in 6 the payment of contract times. And many times 7 the delays are not -- they're not malicious, 8 but they have a devastating impact on people 9 who depend upon these construction contracts 10 for their living. 11 Thank you, Madam President. 12 ACTING PRESIDENT LITTLE: Thank 13 you, Senator Hassell-Thompson. 14 Is there any other Senator who 15 wishes to be heard on the bill? 16 The debate is closed. 17 The Secretary will ring the bell. 18 Read the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT LITTLE: Senator 25 DeFrancisco, to explain his vote.

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(518) 371-8910 1 SENATOR DeFRANCISCO: Yes, I'm 2 voting yes on this bill. 3 I think this is an excellent bill. 4 I've had many experiences where contractors, 5 some big, some small, that were really almost 6 put out of business because of delays that 7 were not compensatable for. 8 If you have to get a job geared up 9 and have your people ready to do the work and 10 have your materials ready on the site and 11 you're delayed, through no fault of your own, 12 and you have no remedy, that's just wrong. 13 And I think this is a great bill, 14 and I wholeheartedly support it, and I hope we 15 have a unanimous vote on it. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator DeFrancisco will be 19 recorded in the affirmative. 20 Senator Schneiderman, to explain 21 his vote. 22 SENATOR SCHNEIDERMAN: Thank you, 23 Madam President. 24 I somewhat agree with Senator 25 DeFrancisco. I think that the difficulties

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(518) 371-8910 1 that I raised in our discussion of this I 2 think are things that are going to come up 3 that stand between us and actually turning 4 this from a bill into a law. 5 It is absolutely clear, and all of 6 us know this from personal experience, that 7 there are contractors who are being abused by 8 the current process. It is also true, in my 9 view, that we're not going to get an agreement 10 from the Assembly and the Governor on a bill 11 that is as open-ended as this that imposes 12 such an unquestioning obligation on local 13 governments to make good even under 14 circumstances over which they have no control. 15 So I am supportive of this 16 legislation, with a view -- and in talking to 17 the sponsor -- that we're going to move it 18 forward to the stage of negotiations with the 19 Assembly and the Governor. I hope we will be 20 willing to make compromises to actually pass a 21 law in this area. And I will vote yes in the 22 understanding that we're moving to the stage 23 of attempting to revise this legislation. 24 But I urge all of my colleagues 25 that there is no possibility that a bill that

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(518) 371-8910 1 imposes such open-ended burdens on local 2 government is going to become law this year or 3 anytime soon. 4 So I support the effort. I object 5 to some of the provisions. And the objections 6 that I have raised are the barriers to making 7 this bill into a law and actually solving the 8 problems for these contractors instead of 9 giving them lip service and passing a 10 one-house bill that goes nowhere. I hope 11 that's not the case. 12 I will vote for this bill to move 13 it to the next stage of negotiations. I hope 14 we have an opportunity within the next week to 15 vote on a final bill that will in fact become 16 law. 17 Thank you, Madam President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Schneiderman will be 21 recorded in the affirmative. 22 Could we have it quieter while the 23 Senators are speaking on the bill, please, or 24 explaining their votes. 25 Senator Klein, to explain his vote.

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(518) 371-8910 1 SENATOR KLEIN: Thank you, Madam 2 President. 3 I rise in support of this 4 legislation. I think the situation that 5 exists now in New York State puts most 6 contractors in a very, very difficult 7 situation. While they really have to rely on 8 government work -- in many cases, state 9 work -- they're not getting paid. 10 I too have many examples taking 11 place in my district where we have state 12 contracts constantly being delayed. They're 13 not getting paid, through no fault of their 14 own, because in many cases, unfortunately, 15 government entities that are bidding these 16 jobs just don't have the expertise. And 17 sometimes, through no fault of their own, the 18 project keeps getting delayed and delayed and 19 delayed. 20 I don't think we're reinventing the 21 wheel today. Because several government 22 agencies, like the State Department of 23 Transportation, among others, are already 24 doing this, because they realize the 25 tremendous burden we're putting on contractors

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(518) 371-8910 1 when they do state work. 2 So I urge a yes vote in favor of 3 this very important legislation. 4 ACTING PRESIDENT LITTLE: Senator 5 Klein will be recorded in the affirmative. 6 Senator Diaz, to explain his vote. 7 SENATOR DIAZ: Thank you, Madam 8 President. 9 I'm taking this opportunity to 10 support this bill and to congratulate Senator 11 Spano. It's very rare, very rare we do things 12 here that at the end will be beneficial to 13 minority -- to us minorities. 14 Senator Thompson, when she was 15 speaking, she talked about the impact that 16 happens to the subcontractors. And you know 17 what? Very often the majority of the 18 subcontractors, who are the ones that are 19 really affected when the contractor doesn't 20 get paid, the majority of those subcontractors 21 are black and Hispanic, minorities. And they 22 are the ones that are really affected when 23 people don't get paid. 24 And I congratulate you, Senator 25 Spano, because you are thinking now of people

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(518) 371-8910 1 through this bill. So this is a good bill. 2 And I support you, and I support the bill. 3 Thank you. 4 ACTING PRESIDENT LITTLE: Thank 5 you. 6 Senator Diaz will be recorded in 7 the affirmative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Ayes, 56. 11 Those Senators absent from voting 12 on Calendar Number 1460: Senators Connor, 13 Dilan, Nozzolio, Sampson and Stavisky. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 The Secretary will read. 17 THE SECRETARY: Calendar Number 18 1465, substituted earlier today by the 19 Assembly Committee on Rules, Assembly Print 20 Number 8186, an act to amend the Tax Law. 21 SENATOR MEIER: Explanation. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Valesky, for an 25 explanation.

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(518) 371-8910 1 SENATOR VALESKY: Thank you, 2 Madam President. 3 This bill, which was introduced at 4 this request of the Madison County Board of 5 Supervisors, would extend for a period of two 6 years the additional 1 percent sales tax that 7 was enacted through Chapter 21 of the Laws of 8 2004. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Meier. 12 SENATOR MEIER: Madam President, 13 would Senator Valesky yield for some 14 questions. 15 SENATOR VALESKY: Of course. 16 ACTING PRESIDENT LITTLE: Senator 17 Valesky, do you yield? 18 SENATOR VALESKY: Of course. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 The Senator yields. 22 SENATOR MEIER: Madam President, 23 did the County of Madison in some way, by 24 resolution or otherwise, request this 25 legislation?

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Valesky? 3 SENATOR VALESKY: Yes, Madam 4 President, they did. 5 SENATOR MEIER: Madam President, 6 I'm wondering if the Senator could inform us 7 when this additional tax expires. 8 ACTING PRESIDENT LITTLE: Thank 9 you. 10 Senator? 11 SENATOR VALESKY: Certainly. The 12 tax would have expired on November 30th of 13 2005 later this year. If this bill were to 14 pass and become law, the expiration would be 15 November 30, 2007. 16 SENATOR MEIER: Madam President, 17 will the Senator continue to yield. 18 ACTING PRESIDENT LITTLE: Senator 19 Valesky, do you continue to yield? 20 SENATOR VALESKY: Certainly. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR MEIER: Madam President, 24 I'd like to ask the Senator if he knows how 25 much additional revenue is raised by the

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(518) 371-8910 1 additional 1 percent. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator? 5 SENATOR VALESKY: We are seeking 6 to have that information momentarily. I do 7 not know the answer to that question at this 8 time. 9 SENATOR MEIER: Well, Madam 10 President, will the Senator continue to yield. 11 ACTING PRESIDENT LITTLE: Senator 12 Valesky, do you continue to yield? 13 SENATOR VALESKY: Yes, I will. 14 ACTING PRESIDENT LITTLE: The 15 Senator yields. 16 SENATOR MEIER: I thank the 17 Senator, Madam President. 18 Madam President, regardless of the 19 amount of the revenue, which is unknown to us 20 right now, does the Senator know if the County 21 of Madison has included that revenue in its 22 2005 fiscal year budget? 23 ACTING PRESIDENT LITTLE: Senator 24 Valesky. 25 SENATOR VALESKY: Yes, Madam

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(518) 371-8910 1 President, my understanding is that they have 2 in fact included the revenue from this bill in 3 their 2005 budget. 4 SENATOR MEIER: Will the Senator 5 continue to yield. 6 ACTING PRESIDENT LITTLE: Do you 7 yield, Senator? 8 SENATOR VALESKY: Yes, I will. 9 ACTING PRESIDENT LITTLE: The 10 Senator yields. 11 SENATOR MEIER: Senator, would it 12 be case, then, that if we were to refuse to 13 grant the request of the Madison County Board 14 of Supervisors we would in effect create a 15 deficit within their presently enacted budget? 16 Is that correct? 17 SENATOR VALESKY: That is 18 correct. 19 SENATOR MEIER: Madam President, 20 will the Senator continue to yield. 21 ACTING PRESIDENT LITTLE: Senator 22 Valesky, do you continue to yield? 23 SENATOR VALESKY: Yes, I will. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 The Senator yields. 2 SENATOR MEIER: Senator, are you 3 asking the house, then, to pass this bill? 4 Are you asking all of us to vote for this 5 bill? 6 SENATOR VALESKY: Yes, I am. I 7 am, in accordance with the local home-rule 8 request that I have received from Madison 9 County, I am asking this body today to approve 10 this request. 11 SENATOR MEIER: Madam President, 12 will the Senator continue to yield. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Valesky, do you continue to 16 yield? 17 SENATOR VALESKY: Yes. 18 ACTING PRESIDENT LITTLE: The 19 Senator yields. 20 SENATOR MEIER: I thank the 21 Senator. 22 So if I understand correctly, 23 Senator Valesky is asking us to support this 24 legislation, to honor the home-rule request, 25 and to prevent the Madison County budget from

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(518) 371-8910 1 going into deficit. Is that correct? 2 SENATOR VALESKY: That is 3 correct. 4 SENATOR MEIER: Madam President, 5 will the Senator continue to yield. 6 ACTING PRESIDENT LITTLE: Senator 7 Valesky, do you continue to yield? 8 SENATOR VALESKY: Yes, I will. 9 ACTING PRESIDENT LITTLE: The 10 Senator yields. 11 SENATOR MEIER: Madam President, 12 may I inquire if the Senator intends to vote 13 for his own bill. 14 ACTING PRESIDENT LITTLE: Senator 15 Valesky. 16 SENATOR VALESKY: You may 17 inquire, and, yes, I will be voting for this 18 bill. 19 SENATOR MEIER: Madam President, 20 will the Senator continue to yield. 21 ACTING PRESIDENT LITTLE: 22 Senator, do you yield? 23 SENATOR VALESKY: Yes. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR MEIER: I thank my 2 colleague. 3 I'm reminded of a discussion along 4 these lines that was held in these chambers 5 back in February where I proposed a request 6 that I didn't particularly like, but it was 7 requested by the elected county legislature of 8 the County of Oneida, to impose an additional 9 sales tax. 10 And I made the commentary during 11 the course of the debate that Senator Valesky 12 and I had at that time, Madam President, that 13 I might have handled it differently were I the 14 county executive, but that the County of 15 Oneida had budgeted the funds in their enacted 16 budget and had no place to turn, and that we 17 were honoring a home-rule request. 18 And I would like to ask the Senator 19 if he could explain to us why this is 20 different. I would note the Senator voted 21 against that piece of legislation. 22 ACTING PRESIDENT LITTLE: Senator 23 Valesky. 24 SENATOR VALESKY: Yes, thank you, 25 Senator. I also recall that debate.

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(518) 371-8910 1 This bill and that bill, while 2 similar in the fact that they were home-rule 3 requests from the respective counties, were 4 significantly different in the fact that this 5 bill that is before us today, as has been the 6 case with a number of other home-rule requests 7 in counties across the state, would simply 8 extend the authorization to collect the 9 additional 1 percent sales tax. 10 The bill to which Senator Meier 11 refers would have actually increased, by an 12 additional 1.5 percent, the sales tax in the 13 County of Oneida. 14 SENATOR MEIER: Madam President, 15 will the Senator continue to yield. 16 ACTING PRESIDENT LITTLE: Thank 17 you. 18 Senator Valesky, do you continue to 19 yield? 20 SENATOR VALESKY: Of course. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR MEIER: Well, Senator, am 24 I to understand that what you objected to was 25 that it was a tax increase? Is that your

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(518) 371-8910 1 objection? 2 SENATOR VALESKY: At that time, 3 yes. 4 SENATOR MEIER: Madam President, 5 will the Senator continue to yield. 6 ACTING PRESIDENT LITTLE: Senator 7 Valesky, will you continue to yield? 8 SENATOR VALESKY: Yes. 9 ACTING PRESIDENT LITTLE: He 10 continues to yield. 11 SENATOR MEIER: Senator, let me 12 do something that we sometimes do in my other 13 profession and ask you to assume a 14 hypothetical, if you'd be willing to do so. 15 And what would you do were the 16 County of Madison to ask you to raise their 17 sales tax an additional 1 point? 18 ACTING PRESIDENT LITTLE: Thank 19 you, Senator. 20 Senator Valesky. 21 SENATOR VALESKY: I don't know 22 the answer to that question, Senator Meier. 23 I would indicate, however, that 24 through actions that were taken by this house 25 earlier this year, in what I believe to be the

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(518) 371-8910 1 first step toward a significant reform of our 2 Medicaid system, which has caused a number of 3 counties across the state to consider 4 extending additional sales taxes and, in some 5 cases, increasing sales taxes, I would hope 6 that in the County of Madison, in the County 7 of Oneida, and in other counties around the 8 state, that as we move forward over these next 9 couple of years, that we will no longer -- or 10 the counties will no longer see the need to 11 continue and/or increase local sales taxes. 12 SENATOR MEIER: I thank the 13 Senator. 14 Thank you, Madam President. 15 ACTING PRESIDENT LITTLE: Thank 16 you, Senator. 17 Is there any other Senator that 18 wishes to speak about the bill? 19 The debate is closed. 20 The Secretary will ring the bell. 21 Read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: In relation to 3 Calendar Number 1465: Ayes, 56. Nays 0. 4 Those Senators absent from voting: 5 Connor, Dilan, Nozzolio, Sampson and Stavisky. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 The Secretary will read. 9 THE SECRETARY: Calendar Number 10 1472, substituted earlier today by Member of 11 the Assembly Magee, Assembly Print Number 12 7108, an act to amend the Tax Law. 13 SENATOR MEIER: Explanation. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Valesky, for an 17 explanation. 18 SENATOR VALESKY: Thank you, 19 Madam President. 20 The bill before us today, also at 21 the request of the Madison County Board of 22 Supervisors, would provide for a 4 percent 23 hotel occupancy tax in the County of Madison. 24 The revenue would be used to increase the 25 tourism promotion efforts of the County of

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(518) 371-8910 1 Madison. 2 Madison County is fortunate to have 3 a number of sites that are contributing to the 4 economy of Madison County through tourism 5 dollars. The organization known as Madison 6 County, Inc., and the Madison County 7 government itself, has indicated that the 8 additional revenue that would be provided 9 should this authority be approved would allow 10 them to greatly expand their tourism promotion 11 efforts in Madison County. 12 ACTING PRESIDENT LITTLE: Thank 13 you. 14 Senator Meier. 15 SENATOR MEIER: Thank you, Madam 16 President. Madam President, would Senator 17 Valesky yield for some questions. 18 ACTING PRESIDENT LITTLE: Senator 19 Valesky, will you yield? 20 SENATOR VALESKY: Of course. 21 Yes. 22 ACTING PRESIDENT LITTLE: The 23 Senator yields. 24 SENATOR MEIER: Thank you, Madam 25 President. And I thank my colleague.

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(518) 371-8910 1 I'm wondering if Senator Valesky 2 could tell us if the Madison County Board of 3 Supervisors has requested this legislation. 4 SENATOR VALESKY: Yes, they have. 5 SENATOR MEIER: Madam President, 6 will the Senator continue to yield. 7 ACTING PRESIDENT LITTLE: Senator 8 Valesky? 9 SENATOR VALESKY: Yes. 10 ACTING PRESIDENT LITTLE: The 11 Senator yields. 12 SENATOR MEIER: Madam President, 13 does Senator Valesky know what additional 14 amount of revenue this bill would bring about? 15 ACTING PRESIDENT LITTLE: Senator 16 Valesky. 17 SENATOR VALESKY: I do, Madam 18 President. 19 It is estimated that an increase of 20 about $53,000 will accrue to the County of 21 Madison, again, dedicated to promoting tourism 22 in the County of Madison, with $5,300 retained 23 by the county for administration purposes of 24 the hotel and motel occupancy tax. 25 I'm sorry, let me back up for just

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(518) 371-8910 1 one second, Senator, if I could. 2 $53,000 is the total amount of 3 revenue that is estimated to be generated; 4 $47,400 for promoting tourism, and the 5 remaining administrative costs. 6 SENATOR MEIER: Madam President, 7 will the Senator continue to yield. 8 ACTING PRESIDENT LITTLE: Senator 9 Valesky, do you continue to yield? 10 SENATOR VALESKY: Yes, I will. 11 ACTING PRESIDENT LITTLE: The 12 Senator yields. 13 SENATOR MEIER: Madam President, 14 I wonder if Senator Valesky knows what the 15 current percentage is of the so-called bed tax 16 in Madison County. 17 SENATOR VALESKY: The current 18 percentage is 3 percent. 19 SENATOR MEIER: Madam President, 20 will the Senator continue to yield. 21 ACTING PRESIDENT LITTLE: Senator 22 Valesky, do you continue to yield? 23 SENATOR VALESKY: Yes. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR MEIER: Madam President, 2 doesn't this bill take the tax to 4 percent? 3 SENATOR VALESKY: Yes, it does. 4 It authorizes the County of Madison to take it 5 to 4 percent. 6 SENATOR MEIER: Madam President, 7 will the Senator continue to yield. 8 ACTING PRESIDENT LITTLE: Senator 9 Valesky, do you continue to yield? 10 SENATOR VALESKY: Yes, of course. 11 ACTING PRESIDENT LITTLE: The 12 Senator yields. 13 SENATOR MEIER: Madam President, 14 where I live they call that a tax increase. 15 I'm wondering if Senator Valesky would agree 16 that's a tax increase. 17 SENATOR VALESKY: Well, Madam 18 President, there is no question that, through 19 the request of the County of Madison, that 20 they believe that this additional 1 percent 21 tax in the hotel occupancy tax will raise the 22 kind of revenue that will allow the county to 23 better promote and therefore bring in dollars 24 from other parts of the state, other parts of 25 the nation, to assist in their tourism

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(518) 371-8910 1 promotion efforts. 2 I would add that in the drafting of 3 this bill we were able to reduce the tax, or I 4 should say -- let me back up for a minute. 5 Current law states that any 6 resident, a permanent resident of any of the 7 establishments in Madison County, they would 8 have to be a permanent resident for more than 9 90 days. This would change that to 30 days, 10 bringing it more in line with many of the 11 other occupancy taxes that are collected by 12 counties around the state. 13 SENATOR MEIER: Madam President, 14 I won't even ask why someone who lives in the 15 same county would rent a motel room. But then 16 that's just me wondering. 17 Will the Senator continue to yield. 18 ACTING PRESIDENT LITTLE: Senator 19 Valesky, will you continue -- 20 SENATOR VALESKY: Yes, of course. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR MEIER: So, Senator, are 24 you asking us to pass this bill today? 25 SENATOR VALESKY: Yes, I am.

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(518) 371-8910 1 SENATOR MEIER: Madam President, 2 will the Senator continue to yield. 3 ACTING PRESIDENT LITTLE: Senator 4 Valesky, do you continue to yield? 5 SENATOR VALESKY: Yes, of course. 6 ACTING PRESIDENT LITTLE: The 7 Senator yields. 8 SENATOR MEIER: And does the 9 Senator intend to vote for his bill? 10 ACTING PRESIDENT LITTLE: Senator 11 Valesky. 12 SENATOR VALESKY: Yes, I do. 13 SENATOR MEIER: Madam President, 14 will the Senator continue to yield. 15 SENATOR VALESKY: Yes, I will. 16 ACTING PRESIDENT LITTLE: The 17 Senator yields. 18 SENATOR MEIER: Madam President, 19 a bit earlier this year the Senate voted on 20 Senate Bill 989, which was Calendar 494, by 21 our colleague Senator Volker, which was an act 22 authorizing the County of Wyoming to impose a 23 hotel and motel tax. And my friend and 24 colleague Senator Valesky was the only no 25 vote.

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(518) 371-8910 1 I wonder if the Senator could 2 distinguish his position on Senator Volker's 3 bill, which was introduced at the request of 4 the Wyoming County legislature, and the matter 5 presently before the house. 6 ACTING PRESIDENT LITTLE: Senator 7 Valesky. 8 SENATOR VALESKY: Madam 9 President, I don't recall the specific bill to 10 which Senator Meier refers. 11 I can, in regard to this bill, 12 offer the thought that while I would prefer 13 that the county had not taken this approach in 14 regard to this particular hotel tax, the 15 combination of the facts that it was a 16 home-rule request of the County of Madison, 17 and the economic analysis that was provided to 18 my office early in the session before 19 introducing this bill, made it very clear to 20 me that the economic benefit to the County of 21 Madison, through the approval of this 22 particular bill, would outweigh any 23 unfortunate increase in this particular hotel 24 tax. 25 SENATOR MEIER: Madam President,

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(518) 371-8910 1 will the Senator continue to yield. 2 SENATOR SABINI: Point of order, 3 Madam President. 4 ACTING PRESIDENT LITTLE: Senator 5 Sabini. 6 SENATOR SABINI: Since we're 7 questioning the motivation of the sponsor's 8 vote on other bills, I'm wondering about the 9 germaneness of this. 10 Motivation in the commission of a 11 crime is an important thing, but this is on 12 other votes. I don't see, when we have a 13 calendar this long, why we're doing this 14 colloquy on motivation on votes we had cast 15 months ago. 16 And I'd like a ruling on it. 17 ACTING PRESIDENT LITTLE: The 18 point is not well taken, Senator Sabini. 19 Senator Meier. 20 SENATOR MEIER: Thank you, Madam 21 President. Will the Senator continue to 22 yield? 23 SENATOR VALESKY: Yes, I will. 24 ACTING PRESIDENT LITTLE: Senator 25 Valesky continues to yield.

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(518) 371-8910 1 SENATOR MEIER: I'm wondering if 2 the Senator recalls, in fact, wasn't that 3 Senator Volker's explanation for his bill, 4 that he didn't particularly like it but it had 5 been requested by the Wyoming County 6 legislature? 7 ACTING PRESIDENT LITTLE: Senator 8 Valesky. 9 SENATOR VALESKY: Senator, with 10 all due respect, I don't recall Senator 11 Volker's comments on that bill. 12 We of course have passed a number 13 of bills this session. I can only speak to 14 the bill that is in front of us today, the 15 reasons why I have decided to sponsor the bill 16 here in the Senate at the request of the 17 County of Madison. 18 ACTING PRESIDENT LITTLE: Senator 19 Meier. 20 SENATOR MEIER: Will the Senator 21 continue to yield. 22 ACTING PRESIDENT LITTLE: Senator 23 Valesky, do you continue to yield? 24 SENATOR VALESKY: Yes, I will. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 Senator yields. 2 SENATOR MEIER: So to cut to the 3 quick, we're being asked to honor what amounts 4 to a home-rule request; is that correct? 5 SENATOR VALESKY: That is 6 correct. 7 SENATOR MEIER: I thank the 8 Senator for his patience. 9 I thank you, Madam President. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Is there any other Senator wishing 13 to be heard? 14 Senator Skelos. 15 SENATOR SKELOS: Madam President, 16 would Senator Valesky yield for a question. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Valesky, do you yield? 20 SENATOR VALESKY: Of course. 21 ACTING PRESIDENT LITTLE: The 22 Senator yields. 23 SENATOR SKELOS: I know from time 24 to time when we're passing legislation on our 25 side of the aisle, the question has been asked

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(518) 371-8910 1 have there been any statewide hearings, public 2 forums, anything like that. 3 And I know Senator Krueger is a 4 strong supporter of this, that you would get 5 economic impact statements on how it may 6 affect the county of Madison, neighboring 7 counties, my county, the city of New York, the 8 state of New York, whether this would have any 9 negative impact and, if so, what hearings or 10 public forums were held by yourself within 11 that area. 12 SENATOR VALESKY: Madam 13 President, Senator, there have not been any 14 statewide public hearings on this measure. 15 I can tell you, however, that the 16 Madison County Board of Supervisors has held 17 two public hearings in Madison County to 18 generate input from that county itself. 19 SENATOR SKELOS: If the Senator 20 would continue to yield. 21 ACTING PRESIDENT LITTLE: Do you 22 continue to yield, Senator Valesky? 23 SENATOR VALESKY: Yes, I will. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR SKELOS: Forums held by 2 you, or were they hearings held by the Senate, 3 or were they just a forum held by Madison 4 County? 5 SENATOR VALESKY: They were 6 public hearings as held and conducted by the 7 Madison County Board of Supervisors. 8 SENATOR SKELOS: So there were no 9 hearings that you held in a public forum or 10 anything like that to determine the economic 11 impact that could have on neighboring counties 12 or any impact at all in the state of New York? 13 SENATOR VALESKY: That's correct. 14 SENATOR SKELOS: Thank you. 15 ACTING PRESIDENT LITTLE: Thank 16 you. 17 Is there any other Senator wishing 18 to be heard? 19 The debate is closed. 20 The Secretary will ring the bell. 21 There is a local fiscal impact note 22 at the desk. 23 Read the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT LITTLE: Senator 5 Krueger, to explain her vote. 6 SENATOR LIZ KRUEGER: Thank you, 7 Madam President. 8 I will be voting for this bill 9 today. But I think that the debate on this 10 bill raised some fascinating issues. One, 11 recognition by this house of the importance of 12 home-rule messages. 13 So I hope we'll all remember that 14 whoever is requesting a home-rule message, 15 they should be treated equally in this 16 chamber, as too often the City of New York's 17 home-rule requests don't appear to get as much 18 attention as this bill today. 19 Second, just for the record, I 20 would argue that we should, as one of my 21 colleagues said, have hearings on tax bills. 22 We should have hearings on our tax structure. 23 We should have hearings on the regressive 24 nature of sales taxes affecting all of our 25 constituents. We should have statewide

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(518) 371-8910 1 discussions about what's good tax policy and 2 what's not. 3 Unfortunately, under the rules of 4 this house, Senate Democrats can't hold 5 hearings. We tried to ensure that we could 6 with our rules reforms in February, but they 7 were not passed. So unfortunately, we cannot 8 take it upon ourselves to have formal hearings 9 of the Senate on tax policy or any other 10 policies. And I hope my colleagues will join 11 me in rethinking that position. 12 Thank you, Madam President. I'll 13 be voting yes. 14 ACTING PRESIDENT LITTLE: Senator 15 Krueger will be voting in the affirmative. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 to explain my vote. 19 I'm going to support this increase 20 in taxes that Senator Valesky is going to give 21 authorization to the County of Madison. I 22 would point out, though, public forums could 23 have been held at any time, at his desire, to 24 develop an economic strategy as to whether 25 this was good for Madison County and that area

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(518) 371-8910 1 of the state. 2 So any member could have a public 3 forum, as Senator Valesky obviously chose not 4 to do. 5 ACTING PRESIDENT LITTLE: Senator 6 Skelos in the affirmative. 7 Senator DeFrancisco, to explain his 8 vote. 9 SENATOR DeFRANCISCO: Yes. I'd 10 like to agree wholeheartedly with Senator 11 Krueger on the first point that she made, and 12 that is all senators should be treated equally 13 as far as home-rule messages. 14 The point, I think, of the debate 15 was that yesterday there were three bills, one 16 of which was mine, to increase fees for birth 17 certificates. There's another two counties 18 that had it. When the Senator doesn't honor 19 what we have to do because our localities want 20 it, it's a little bit contradictory to say 21 it's okay if it's his county. He voted no 22 three times yesterday. 23 Other senators from Steuben County, 24 Wyoming County, and Schenectady County 25 reluctantly voted, because of the home-rule,

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(518) 371-8910 1 they needed this mortgage recording tax 2 increases. And Senator Valesky voted no on 3 all of those as well. And not only 4 Montgomery, Steuben, and Wyoming, but also 5 Schenectady. 6 So I guess my point is you're 7 absolutely right, Senator Krueger. If we get 8 a home-rule measure, everyone should be 9 treated the same. But it's a bit 10 contradictory to vote no for everybody else 11 but only vote yes on the tax increases that 12 his county demands of him. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator DeFrancisco will be 16 recorded in the affirmative. 17 Senator Schneiderman, to explain 18 his vote. 19 SENATOR SCHNEIDERMAN: Thank you, 20 Madam President, very briefly. 21 I just would like to note, since we 22 all seem to be very supportive of public 23 hearings and forums, that under the rules of 24 the Senate now there's a big difference 25 between forums and hearings.

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(518) 371-8910 1 We would love to hold hearings. 2 But if you hold a forum instead of a hearing, 3 you don't get on the public calendar, you 4 don't get any resources for the hearing. In 5 fact, we're denied conference rooms, hearing 6 rooms, and office space. 7 So I hope that we don't confuse the 8 fact that the two are the same. 9 And I would also urge my colleagues 10 that, you know, I respect home-rule messages, 11 but just because a bill has a home-rule 12 message doesn't mean it's right. I appreciate 13 the sensitivity of my colleagues that there 14 are a lot of bills that come here that maybe 15 we have to hold our nose because we've got a 16 local government that's got a problem, and 17 maybe we even disagree with the way they're 18 resolving it but respect the integrity of it. 19 But I would urge that we have two 20 people here who engaged in this debate who I 21 think are equal to anyone in the sincerity of 22 their concern about the fiscal condition of 23 local governments in New York State caused by 24 unfunded mandates, caused by other problems, 25 some of which are created here. Senator Meier

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(518) 371-8910 1 and Senator Valesky are clearly legitimately 2 concerned with the issue. 3 And I hope we will expand the 4 debate on that. This has been an interesting 5 debate to raise the issue, and I hope that it 6 will continue in a broader forum with the 7 sincere effort to resolve it. I note that 8 some -- one of the participants in that debate 9 was lobbying for a Medicaid reform package 10 just yesterday. That's one aspect of it. 11 But let's broaden the issue, 12 because the local governments clearly are 13 suffering. And I think there is more that we 14 can all do if we treat each other with mutual 15 respect and try to collaborate. 16 Thank you, Madam President. I'm 17 voting yes. 18 ACTING PRESIDENT LITTLE: Senator 19 Schneiderman will be recorded in the 20 affirmative. 21 Senator Diaz, to explain his vote. 22 SENATOR DIAZ: Thank you, Madam 23 President. 24 I'm just hearing the word "public 25 forum." And I remember that some time ago the

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(518) 371-8910 1 City of New York decided to change the senior 2 citizen meal from hot meal to frozen meal. 3 And I thought that was something very wrong to 4 do to senior citizens, and I decided that I 5 would like to have a forum, a public forum to 6 talk about those things. 7 And I asked for help. And I wanted 8 to do that in 250 Broadway. And I was denied. 9 I was denied the resources, and I was denied 10 the room, the Senate room. 11 And I had to go to my son in the 12 other chamber, the Assembly, and ask my son to 13 join me and for him to request the Assembly 14 room so I could have my forum to defend the 15 senior citizens and to protest the changing of 16 hot meal to frozen meal to senior center and 17 to the senior citizens. 18 I would love to have the Senate 19 support. I would have loved to have the 20 Senate room in 250 chamber to do that. I 21 cannot do it. 22 So, you know, when we talk about 23 public forums, we love to have public forums. 24 I love senior citizens. I love to talk about 25 what the abuse of the senior citizens are

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(518) 371-8910 1 subject to by the Department of the Aging in 2 the City of New York and other things. I love 3 to do that. But I cannot do it, because I 4 don't have the support. 5 And maybe one day, one day before I 6 die I will have that support from this Senate 7 chamber, from this Senate body so we could do 8 that. And maybe one day the chairman of the 9 Senior Citizen Aging Committee will join me in 10 doing these things and defending the seniors 11 and protest senior citizens that's -- frozen 12 meals that was done to senior citizens. And 13 that was an abuse, and nobody protested. 14 But I just voted yes on this bill. 15 ACTING PRESIDENT LITTLE: Senator 16 Diaz will be recorded in the affirmative. 17 The Secretary will announce the 18 results. 19 THE SECRETARY: In relation to 20 Calendar Number 1472: Ayes, 57. 21 Those Senators absent from voting: 22 Dilan, Nozzolio, Sampson and Stavisky. 23 ACTING PRESIDENT LITTLE: The 24 bill is passed. 25 The Secretary will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1448, by Senator Golden, Senate Print 5512, an 3 act to amend the Public Officers Law. 4 SENATOR SCHNEIDERMAN: 5 Explanation. 6 ACTING PRESIDENT LITTLE: Senator 7 Golden, for an explanation. 8 SENATOR GOLDEN: Yes, S5512 9 includes persons employed by the fire 10 dispatchers within the members of the 11 uniformed forces and our paid fire department 12 who are exempted from certain residency 13 requirements. 14 Legislation enacted by the City 15 Council some two years ago brought the fire 16 alarm dispatchers and their supervisors into 17 the uniformed forces of the fire department. 18 And those in the fire department 19 currently, and firefighters, fire officers, 20 fire marshals, marine division personnel and 21 the emergency medical service personnel, are 22 not required to live within the confines of 23 New York City. These members of the 24 department are permitted to reside in several 25 counties that are spelled out in the Public

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(518) 371-8910 1 Officers Law, paragraph 9, Section 3 of the 2 Public Officers Law. 3 And this would codify a uniform 4 practice for the New York City Fire 5 Department. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Senator Schneiderman. 9 SENATOR SCHNEIDERMAN: Thank you, 10 Madam President. I'd like to thank the 11 sponsor for his explanation. 12 On the bill. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Schneiderman, on the bill. 16 SENATOR SCHNEIDERMAN: This is a 17 bill that we have seen before. And again, 18 given the debate we were just having, is an 19 interesting counterpoint here. 20 This is a bill that not only does 21 it not have a home-rule message, but the local 22 government that is affected has issued a memo 23 in opposition, which I guess they actually 24 haven't even changed the memo in opposition, 25 since they've advised us that it is an oldie

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(518) 371-8910 1 but goodie but still accurate. 2 The reason for the opposition is 3 that the City of New York has no problem 4 recruiting fire department dispatchers. There 5 are people who are residents of the city who 6 are lined up to get these jobs. So if 7 anything, we should be making it easier for 8 them and not expanding the exceptions to the 9 rule that require people who work for the City 10 of New York to live in the city. 11 There's no crying need, there's no 12 reason to undermine the efforts of the city to 13 do this. And I would urge that people who are 14 fire department employees, police department 15 employees who have knowledge of or experience 16 with security issues, it provides a benefit to 17 the City of New York to have them in the city 18 of New York. Because even when they're off 19 duty, it's good to have them in our shops, on 20 our streets. If there's an emergency, these 21 are people who show leadership. We frequently 22 have cases where off-duty police officers help 23 out. If they don't live in the city, they're 24 not helping out. 25 So this is something that, again, I

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(518) 371-8910 1 would urge my colleagues to vote no on. The 2 city is opposed to it. There is no need for 3 it. And I respectfully suggest that this is 4 not the right approach to dealing with 5 whatever issues arise from the desires of some 6 individuals to relocate further and further 7 away from the city. Maybe they can obtain 8 positions in other locales. 9 But in New York City we have a lot 10 of people who want these jobs who are willing 11 to live in the city and be there 24/7, with 12 all their skills and all their knowledge, 13 should emergencies occur. 14 Thank you, Madam President. 15 ACTING PRESIDENT LITTLE: Is 16 there any other Senator -- 17 Senator Montgomery. 18 SENATOR MONTGOMERY: Yes, thank 19 you, Madam President. 20 I just would like to reiterate some 21 of the -- a couple of the points that I made 22 last year when the bill came before us. And 23 as a matter of fact, this has been vetoed, it 24 seems, by the Governor. And so it's back 25 again.

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(518) 371-8910 1 I maintain the same position, and 2 that is that many of us in this body, as well 3 as in the Assembly across the hall, are 4 opposed to the elimination of residency 5 requirements for uniformed officers. In fact, 6 we would like to see that there is 7 specifically a residency requirement that is 8 attributable to all uniformed positions in the 9 City of New York, as is the case for many 10 counties outside of the City of New York. 11 Last year, and I believe again this 12 year, the Mayor's office has indicated that 13 there is in fact not a problem with 14 recruitment. So we don't really have to do 15 this in order to resolve a problem related to 16 recruitment efforts. 17 And, two, this really is related, 18 as I see it, to the problem with unemployment 19 in New York City. The more jobs we have that 20 are of New York City, for residents of 21 New York City, to be filled by residents of 22 New York City, the better our statistics on 23 unemployment would be, could be, and should 24 be. 25 So I'm opposing this legislation.

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(518) 371-8910 1 And I note that a number of us opposed the 2 bill last year. And I'm certain that even 3 more of the -- especially the New York City 4 members will oppose this, because it is, one, 5 not necessary; two, is in opposition to what 6 many of us feel to be -- ought to be a policy 7 for New York City uniformed employees; and, 8 three, is certainly opposed by the Mayor and 9 the administration of the City of New York. 10 Thank you. 11 ACTING PRESIDENT LITTLE: Thank 12 you, Senator Montgomery. 13 Senator Savino. 14 SENATOR SAVINO: Thank you, Madam 15 President. 16 Again I rise and I have to speak 17 against some of my colleagues on my side of 18 the aisle. And it always pains me when I have 19 to do that. But I think I have to be 20 consistent. 21 Last week when we debated the issue 22 about extending or eliminating residency 23 requirements for sanitation workers, we went 24 on for about a good 45 minutes about this 25 issue. And it's actually the same thing, but

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(518) 371-8910 1 there's a slight difference in this one. 2 This particular bill corrects an 3 inequity that now currently is extended to the 4 fire alarm dispatchers. In 2001, the City 5 Council of the City of New York granted 6 uniformed status to that particular group of 7 workers. Let's be clear. It's 182 people. 8 It's not thousands of people, it's 182 people. 9 But they were granted uniformed 10 status by the City Council of New York, over 11 Mayor Giuliani's objection. He and his 12 successor are suing over that, they're 13 litigating it. But in the interim, they do 14 currently have uniformed status. And as such, 15 they should be treated like the rest of the 16 uniformed members of the City of New York's 17 fire department and/or police department or 18 any other who do not have this residency 19 requirement. 20 Again, we can talk about the fact 21 that the fire alarm dispatchers, like the vast 22 majority of municipal employees of the City of 23 New York, can no longer afford to buy a home 24 in the city that they work for, in any of the 25 neighborhoods that they work for. That is a

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(518) 371-8910 1 reality. And as such, we should allow them to 2 go to communities where they can purchase a 3 home. 4 Again, it's about home ownership. 5 It's about fairness. And it's about being 6 consistent with the rest of the members of the 7 fire department. So I urge my colleagues to 8 support this. 9 Now, we -- some of us may think 10 that uniformed members of New York City should 11 reside in the City of New York, there should 12 be a residency requirement. But that's not 13 the current law. So we should not hold this 14 group of workers to a different standard than 15 we hold the rest of the uniformed members of 16 New York City. 17 ACTING PRESIDENT LITTLE: Thank 18 you, Senator Savino. 19 Is there any other Senator wishing 20 to be heard? 21 The debate is closed. 22 The Secretary will ring the bell. 23 Read the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT LITTLE: The 5 Secretary will announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1448 are 8 Senators Andrews, Brown, Diaz, Dilan, 9 Hassell-Thompson, Klein, Montgomery, Onorato, 10 Parker, Paterson, Schneiderman, Serrano and 11 A. Smith. 12 Those Senators absent from voting: 13 Gonzalez, Nozzolio, Sampson and Stavisky. 14 Ayes, 44. Nays, 13. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 would you please lay aside Calendar Number 20 1239 for the day. 21 ACTING PRESIDENT LITTLE: 22 Calendar Number 1239 is laid aside for the 23 day. 24 SENATOR SKELOS: Madam President, 25 there will be an immediate meeting of the

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(518) 371-8910 1 Rules Committee in the Majority Conference 2 Room. 3 And the Senate will stand at ease 4 pending the report of the Rules Committee. 5 ACTING PRESIDENT LITTLE: There 6 will be an immediate meeting of the Rules 7 Committee in the Majority Conference Room. 8 The Senate stands at ease. 9 (Whereupon, the Senate stood at 10 ease at 1:27 p.m.) 11 (Whereupon, the Senate reconvened 12 at 1:50 p.m.) 13 ACTING PRESIDENT LITTLE: Senator 14 Skelos. 15 SENATOR SKELOS: Madam President, 16 if we can return to reports of standing 17 committees, I believe there's a Rules report 18 at the desk. I ask that it be read at this 19 time. 20 ACTING PRESIDENT LITTLE: The 21 report of the Rules Committee. 22 The Secretary will read. 23 THE SECRETARY: Senator Bruno, 24 from the Committee on Rules, reports the 25 following bills:

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(518) 371-8910 1 Senate Print 568A, by Senator 2 Young, an act to amend the Alcoholic Beverage 3 Control Law; 4 720, by Senator Little, an act to 5 amend the Tax Law; 6 1574A, by Senator Rath, an act to 7 amend the Social Services Law; 8 1690A, by Senator Farley, an act in 9 relation to effecting; 10 1832, by Senator Saland, an act to 11 amend the Tax Law; 12 2306, by Senator Little, an act to 13 amend the General Business Law; 14 2559, by Senator Hannon, an act to 15 amend the Public Health Law; 16 2758A, by Senator Spano, an act to 17 amend the Retirement and Social Security Law; 18 2985A, by Senator Volker, an act to 19 amend the Executive Law; 20 3409, by Senator Young, an act in 21 relation to authorizing; 22 3528, by Senator Johnson, an act to 23 amend Chapter 672 of the Laws of 1993; 24 3663, by Senator Young, an act to 25 amend the State Finance Law;

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(518) 371-8910 1 3701, by Senator Robach, an act to 2 authorize; 3 3913, by Senator Larkin, an act to 4 amend the Retirement and Social Security Law; 5 3919, by Senator Robach, an act to 6 amend the Retirement and Social Security Law; 7 4017, by Senator Larkin, an act to 8 amend the Tax Law; 9 4067, by Senator Padavan, an act to 10 amend the Retirement and Social Security Law; 11 4142, by Senator Morahan, an act to 12 amend the Mental Hygiene Law; 13 4195, by Senator Farley, an act to 14 amend the Banking Law; 15 4198, by Senator Farley, an act to 16 amend the Banking Law; 17 4244A, by Senator Hannon, an act to 18 amend the Public Health Law; 19 4268, by Senator Wright, an act to 20 amend the Executive Law; 21 4368, by Senator Wright, an act to 22 amend the Criminal Procedure Law; 23 4455, by Senator Golden, an act to 24 amend the Retirement and Social Security Law; 25 4530A, by Senator Golden, an act to

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(518) 371-8910 1 amend the Retirement and Social Security Law; 2 4822, by Senator Robach, an act to 3 amend the Civil Service Law; 4 4835, by Senator Winner, an act to 5 amend the Environmental Conservation Law; 6 5231A, by Senator Flanagan, an act 7 to amend the Correction Law; 8 5347, by Senator Marcellino, an act 9 to amend the Town Law; 10 5378, by the Senate Committee on 11 Rules, an act to amend the Tax Law; 12 5381A, by Senator Meier, an act to 13 amend the Tax Law; 14 5433A, by Senator Skelos, an act to 15 amend the Parks, Recreation and Historic 16 Preservation Law; 17 5442A, by Senator Meier, an act to 18 amend the Social Services Law; 19 5464, by the Senate Committee on 20 Rules, an act to amend the Labor Law; 21 5469, by the Senate Committee on 22 Rules, an act to make; 23 5473, by Senator Meier, an act to 24 amend the Executive Law; 25 5508A, by Senator Young, an act to

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(518) 371-8910 1 amend the Agriculture and Markets Law; 2 5522A, by Senator Nozzolio, an act 3 to amend the Agriculture and Markets Law; 4 5564, by Senator Maziarz, an act to 5 amend the Environmental Conservation Law; 6 5574, by Senator DeFrancisco, an 7 act to amend the Court of Claims Act; 8 5584, by Senator Volker, an act to 9 amend the Civil Practice Law and Rules; 10 5610, by Senator Hassell-Thompson, 11 an act to amend Chapter 183 of the Laws of 12 2002; 13 And Senate Print 5611, by Senator 14 Winner, an act to amend the Public Officers 15 Law. 16 All bills ordered direct to third 17 reading. 18 ACTING PRESIDENT LITTLE: Senator 19 Skelos. 20 SENATOR SKELOS: Move to accept 21 the report of the Rules Committee. 22 ACTING PRESIDENT LITTLE: All in 23 favor of accepting the report of the Rules 24 Committee signify by saying aye. 25 (Response of "Aye.")

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT LITTLE: The 5 Rules report is accepted. 6 Senator Skelos, we have some 7 motions. 8 SENATOR SKELOS: Yes, if we could 9 go to motions and resolutions. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Farley, for a motion. 13 SENATOR FARLEY: Thank you, 14 Senator Skelos. 15 And, Madam President, on behalf of 16 Senator Alesi, I wish to call up his bill, 17 Print Number 1075, recalled from the Assembly, 18 which is now at the desk. 19 ACTING PRESIDENT LITTLE: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 1010, by Senator Alesi, Senate Print 1075, an 23 act to amend the General Business Law. 24 SENATOR FARLEY: Madam President, 25 I now move to reconsider the vote by which

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(518) 371-8910 1 this bill passed. 2 ACTING PRESIDENT LITTLE: The 3 Secretary will call the roll on 4 reconsideration. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 SENATOR FARLEY: Madam President, 8 I now offer the following amendments. 9 ACTING PRESIDENT LITTLE: The 10 amendments are received. 11 SENATOR FARLEY: Madam President, 12 on behalf of Senator Winner, on page 41, I 13 offer the following amendments to Calendar 14 Number 1087, Senate Print 3641, and I ask that 15 that bill retain its place on the Third 16 Reading Calendar. 17 ACTING PRESIDENT LITTLE: The 18 amendments are received, and the bill will 19 retain its place on the Third Reading 20 Calendar. 21 SENATOR FARLEY: Madam President, 22 on behalf of Senator Meier, on page 30, I 23 offer the following amendments to Calendar 24 846, Senate Print 4060, and I ask that that 25 bill retain its place.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 amendments are received, and the bill will 3 retain its place on the Third Reading 4 Calendar. 5 SENATOR FARLEY: Madam President, 6 on behalf of Senator Seward, on page 22, I 7 offer the following amendments to Calendar 8 Number 680, Senate Print 3087, and I ask that 9 that bill retain its place on the Third 10 Reading Calendar. 11 ACTING PRESIDENT LITTLE: The 12 amendments are received, and the bill will 13 retain its place on the Third Reading 14 Calendar. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 would you please call up Calendar Number 1485. 18 ACTING PRESIDENT LITTLE: The 19 Secretary will read. 20 THE SECRETARY: Calendar Number 21 1485, by the Senate Committee on Rules, Senate 22 Print Number 5623, an act to amend the Social 23 Services Law. 24 SENATOR SCHNEIDERMAN: 25 Explanation.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Young for an explanation, please. 3 SENATOR YOUNG: Basically what 4 this bill would do is it would prohibit 5 abortions that are funded by Medicaid in 6 New York State except for cases of rape, 7 incest or to save the life of the mother. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Young. 10 Senator Schneiderman. 11 SENATOR SCHNEIDERMAN: Thank you. 12 Thank the sponsor for the explanation. 13 On the bill. 14 ACTING PRESIDENT LITTLE: Senator 15 Schneiderman, on the bill. 16 SENATOR SCHNEIDERMAN: This is a 17 piece of legislation that we've seen many 18 times. Welcome a new sponsor to the debate. 19 And it's something that a lot of us have a 20 concern with that has been expressed in many 21 past years' debates. 22 And I'm not going to -- I'm going 23 to attempt not to reiterate the remarks made 24 very eloquently by Senator Montgomery, Senator 25 Oppenheimer and others who have addressed this

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(518) 371-8910 1 issue. But I would urge my colleagues that 2 support this legislation that this is not 3 really a bill about abortion rights. This is 4 a bill about a health care system in the 5 United States that is increasingly becoming 6 separate but unequal. 7 We have a constitutional right in 8 this country, women have a constitutional 9 right to control of their bodies, they have a 10 constitutional right to have an abortion. So 11 that's not what's at issue with this bill. 12 What's at issue here is that we as 13 a country are rapidly becoming a -- really, 14 sort of a retrograde industrial democracy 15 where, 30 years ago, we had the smallest gap 16 between rich and poor of any of the industrial 17 democracies. We now have the greatest gap 18 between rich and poor. New York State, of all 19 the 50 states, has the greatest gap of all the 20 states between rich and poor. 21 The reasons for this are in 22 dispute, but it is undisputed that we are 23 moving in the direction, in this state and in 24 this country, towards having a separate but 25 unequal school system, which should not be

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(518) 371-8910 1 tolerable to anyone here, that some poor 2 people in this country are denied the right to 3 full participation in this democracy because 4 we have failing schools. 5 And we are moving, and I think this 6 bill would move us further, in the direction 7 of having a separate but unequal health care 8 system. Because, again, this does not relate 9 to the legality of abortion. It's legal. You 10 may agree or disagree with that; that's a 11 discussion for another day. 12 The question is, if you are poor, 13 should you be denied access to fundamental 14 health care services? And it's an issue that 15 really goes beyond the question of abortion 16 services. 17 There are -- there's a crisis in 18 New York State, and there have been hearings 19 on this back -- actually, we held hearings -- 20 this was back before the rules were changed, 21 when we were allowed to hold hearings -- on 22 the crisis of the uninsured. It is a crisis 23 that exists to this day. We all acknowledge 24 that there are problems in the Medicaid 25 system, that there are problems in maintaining

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(518) 371-8910 1 financing for our health care system. 2 But think about what the statement 3 of this bill is. Put aside the issue of 4 abortion rights -- because, again, I suggest 5 that this doesn't have anything to do with the 6 legality or illegality of abortion. This is a 7 statement that poor women should not get 8 health care. This is a statement that we have 9 a two-tier system and that's okay with us. 10 That the wealthy can get whatever they want by 11 way of health care, but that if you're poor, 12 you cannot. 13 It's a problem in many, many areas. 14 It's an increasing problem as more and more 15 employers put more of a burden on employees to 16 pay the cost of health care coverage. More 17 and more employers are forced to restrict 18 access to health care for employees because 19 our country is out of sync with every other 20 industrial democracy. 21 General Motors pays a tax, every 22 car they have to pay $1,700 more than 23 Mercedes, because they provide health care 24 coverage for their employees. Of course they 25 should do that. But we shouldn't be punishing

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(518) 371-8910 1 employers. 2 We shouldn't have a system like 3 this that creates this two-tier, separate but 4 unequal health care system. It does 5 disproportionately affect people of color. 6 But it is a fundamental issue, in my view, of 7 human justice and human dignity. 8 We should not be passing a bill 9 that says to the people of New York State, to 10 the women of New York State: If you're rich, 11 you can do whatever you want, but we're going 12 to penalize people because they happen to be 13 poor. If you are someone who served in the 14 military defending this country and you come 15 back and you're on hard times, we're going to 16 penalize you. You're not going to be able to 17 exercise your constitutional right. 18 This, whether you are pro-choice or 19 not, is the wrong statement for us to be 20 making in this house. And I would 21 respectfully suggest that we vote no and that 22 we stop the perennial debate on this issue. 23 This is not the right way for us to proceed. 24 I know even some of my colleagues 25 who have serious moral problems with abortion

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(518) 371-8910 1 have expressed to me privately the concern 2 that this really is not the right way to deal 3 with it. This is an unfair, punitive -- 4 ACTING PRESIDENT LITTLE: Senator 5 Young, why do you rise? 6 SENATOR YOUNG: I'm sorry, I just 7 wanted to speak on the bill. I'll wait until 8 my colleague is done. 9 ACTING PRESIDENT LITTLE: I'm 10 sorry, Senator. Excuse me, Senator 11 Schneiderman. 12 SENATOR SCHNEIDERMAN: That's 13 okay. I appreciate the rookie energy. 14 So I do, I do really urge my 15 colleagues that we stop this sort of one-house 16 charade where we bring the bill up, the bill 17 goes down, we bring the bill up, it goes down. 18 Let's look at it in the broader context of 19 health care services. 20 Anytime we're sending a message to 21 people that we're going to move further and 22 further away from a system where health care 23 is accessible to all -- and that makes us a 24 stronger, healthier, better state, better able 25 to compete in the global economy -- towards a

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(518) 371-8910 1 system where poor people can't get health 2 care, where the working poor can't get health 3 care, that's the wrong move to make. 4 I'm going to vote no. Obviously I 5 do support a woman's right to choose and her 6 right to control her own body. But I honestly 7 do not believe that's what at issue with this 8 bill. This is an issue about class. This is 9 at an issue about poverty. This is an issue, 10 because unfortunately of the way poverty is 11 distributed in this state, about race and 12 about ethnicity. 13 This is not the right direction for 14 us to move in as a state, and I urge everyone 15 to vote no. 16 ACTING PRESIDENT LITTLE: Thank 17 you, Senator. 18 Senator Spano. 19 SENATOR SPANO: Thank you, Madam 20 President. 21 Once in a while I actually agree 22 with Senator Schneiderman, and I stand to echo 23 his comments today. 24 While there's probably very few 25 issues that evoke more emotion among members

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(518) 371-8910 1 of this house, the other house, and the 2 electorate than the issue of choice and 3 abortion, it is true that there are many, many 4 people who have very strong opinions on that 5 issue, and we respect everyone's right to have 6 their own opinions with regard to a woman's 7 right to reproductive freedom. 8 But it seems to me that this bill 9 is one that, with all due respect to Senator 10 Young and those who feel strongly about this, 11 it is a one-house bill, it is a statement. 12 And we recognize one's right to make a 13 statement and pass this bill, as it is our 14 right to stand up and to speak in opposition 15 to putting any type of further restrictions on 16 a woman's right to reproductive freedom and 17 certainly making those restrictions even more 18 profound to poor people in our community. 19 It does not send the right message. 20 It does not send the right message out to our 21 communities across New York State to deny 22 access to any type of health care to a person 23 because of their socioeconomic group. And I 24 certainly will be very strong in my opposition 25 to this bill and ask that our members vote

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(518) 371-8910 1 against it. 2 Thank you, Madam President. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator Spano. 5 Senator Padavan. 6 SENATOR PADAVAN: Thank you, 7 Madam President. 8 Let me disagree with both of the 9 prior two speakers. 10 Certainly when the Supreme Court 11 ruled on the issue of abortion it did not say 12 that government, whether it be federal or 13 state government, should pay for an elective 14 procedure. And that's what this bill is all 15 about. We're not dealing with a woman who is 16 in crisis in health or her life is endangered, 17 we're dealing with someone who is making a 18 choice. 19 Now, the Congress of the United 20 States ruled, by virtue of their enactment -- 21 and Medicaid, prior to 1965, did not exist. 22 But they decided, in their wisdom, that the 23 federal government, unlike all of the other 24 categories of Medicaid, would not provide that 25 50 percent -- normally up or down, mostly

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(518) 371-8910 1 up -- toward the cost of Medicaid. They 2 excluded it. 3 And by the way, I want to remind 4 you that it was a Democratically controlled 5 Congress that did that. 6 So they said, in effect, the 7 taxpayers of the United States should not be 8 paying for this procedure. Other states, 9 certain states such as New York decided that 10 they would assume the entire cost. 11 And that's what this issue is 12 about, year after year after year. Was 13 Congress right? Were they right when they 14 said taxpayers should not be required to pay 15 for an elective procedure of this sort? Or 16 were those states who did it, like New York 17 years ago, deciding to pick up the entire 18 cost, were they right? I think Congress was 19 right. 20 And you keep referring to the 21 rights of women to have an abortion. That is 22 in constitutional law, by virtue of a Supreme 23 Court decision. And we can't quarrel with 24 that. But certainly those people in the state 25 of New York who feel as I do, and many of our

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(518) 371-8910 1 colleagues, have the right to say whether or 2 not abortion is legal, whether or not it is 3 permitted by our Constitution, we are not 4 required to pay for it, and we do not want to 5 pay for it, whatever our reasoning may be. 6 And that's what this bill is all 7 about, and let's not lose sight of that fact. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator Padavan. 10 Senator Krueger. 11 SENATOR LIZ KRUEGER: Thank you, 12 Madam President. On the bill. 13 Usually people don't like to talk 14 about the debate around abortion as a cost 15 factor. But I appreciate my colleague Senator 16 Padavan saying that's what this bill is about. 17 It's about whether or not the State of 18 New York should pay for something that we all 19 agree is constitutionally the right of every 20 woman in this country. 21 I disagree with his analysis about 22 the obligations under state law and under the 23 state constitution. New York State's Court of 24 Appeals has held that the state constitution 25 provides greater protections than the federal

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(518) 371-8910 1 Constitution as regards the right of bodily 2 autonomy. 3 In the case Rivers v. Katz, the 4 fundamental right of reproductive choice 5 inherent in the state constitution's due 6 process clause has been interpreted to be at 7 least as extensive as the federal right. In 8 Hope v. Perales, a scheme denying Medicaid 9 coverage for abortion would violate this 10 right. In addition, in Article 17 of the 11 state constitution it imposes a special 12 responsibility on the state to provide aid, 13 care and support of the needy. 14 The Court of Appeals has also made 15 it clear that the Legislature may not classify 16 a group as needy but then exclude them from 17 coverage based on criteria having nothing to 18 do with need: Aliessa v. Novello, 96 N.Y.2d 19 426, and then in Tucker v. Toia. 20 This bill that we have before us 21 today would create an exclusion solely based 22 on a woman's choice to terminate her 23 pregnancy, and would thus be unconstitutional. 24 But that's not the only reason to object to 25 this bill.

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(518) 371-8910 1 This bill does discriminate against 2 poor women and, in fact, poor men and their 3 families, because it would deny these families 4 equal rights under the law of this country and 5 this state to make their own decisions about 6 their reproductive planning. 7 This bill in effect, if it became 8 law, would say, by default, that in New York 9 State Medicaid would cover the cost of a 10 pregnancy, would cover the ongoing costs for a 11 child born, would cover the costs moving 12 forward into the future, but would not cover 13 the decision by a woman to end her pregnancy, 14 therefore negating any future expenses to the 15 Medicaid program. 16 With a ban on Medicaid funding for 17 abortion, this state would also be turning its 18 back on women who need abortion due to health 19 issues that may not risk the life of the 20 mother but nonetheless could lead to long-term 21 and permanent damage to the woman, including 22 issues related to cancer, diabetes, heart 23 conditions or other threats to health of a 24 woman who would not be able to afford to end 25 her pregnancy should she choose to do so.

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(518) 371-8910 1 There is research from throughout 2 the country -- because, unfortunately, we have 3 states who have chosen not to allow Medicaid 4 to fund abortion, so we have research 5 throughout the country about the damage that 6 has been done. The fact that these women end 7 up having to have abortions much later in 8 their pregnancy, which is both far more costly 9 and of much greater risk to the mother. 10 We have research that shows, even 11 in states that have proposed legislation -- 12 excuse me, passed legislation that says in 13 cases of rape or the life risk to the mother, 14 that in fact Medicaid is not there for women 15 in those conditions. And in fact, the data 16 shows that the states that say that they 17 continue Medicaid funding for abortion in 18 cases of the life of the mother or rape, in 19 fact, don't cover costs of abortion. 20 That the process is so complex that 21 women never get access to Medicaid funding for 22 abortion. That there's almost a zero rate of 23 payment in any given year for Medicaid-funded 24 abortions in states that even have those 25 exceptions to the rules that are proposed in

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(518) 371-8910 1 this law. 2 What we do know is that desperate 3 woman who don't have access to health care and 4 need to find themselves an abortion do things 5 that most of us would argue are untenable and 6 are immoral and should not be mandated by the 7 State of New York. They don't pay their rent. 8 They don't take care of food for themselves or 9 their other children. They end up in risky 10 situations. They may violate the law. There 11 are reports of women turning to prostitution 12 to raise the funds they need to get health 13 care for themselves when Medicaid refuses them 14 this right. 15 Clearly, this law discriminates 16 against those women who are the poorest and 17 have the fewest options. 18 The results of the states that have 19 gone down the road that is proposed by this 20 bill are not the findings we want to discuss 21 in New York State in the future. We don't 22 want women turning to illegal abortions. We 23 don't want women finding themselves having to 24 have abortions much later in the process. We 25 don't want our citizens having to break the

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(518) 371-8910 1 law to get fundamental health care that they 2 are entitled to under the law of this state 3 and of this country. 4 We debate this, what, every other 5 year? We like to make it an argument about 6 whether or not a woman has the right to make 7 reproductive choices for herself. But in fact 8 with this bill, with expanding it to saying 9 that Medicaid funding should not be available 10 to poor women, we expand it to a much larger 11 debate about whether the State of New York 12 believes that there should be equitable 13 treatment of all citizens with our health care 14 system. 15 The example was used already by my 16 colleague that this is elective. And I have 17 to say, and I think I speak for most women in 18 this country, that I take offense at the 19 argument that we're discussing funding for 20 abortion procedures as if we were discussing 21 funding for a cosmetic procedure or a nose 22 job. 23 These are very tough decisions that 24 people find themselves in. These are often 25 desperate young women who have found

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(518) 371-8910 1 themselves pregnant. These are often 2 desperate women with many children who know 3 that they can't possibly afford to take care 4 of or feed or be responsible for more 5 children. These are often women who are ill 6 and are at risk of continued, more severe 7 illness if they follow through with these 8 pregnancies. These are sometimes women who 9 are the victim of sexual assault and rape and 10 incest. 11 And for the State of New York to 12 callously argue that this is an elective issue 13 and we shouldn't have to pay for it, I would 14 argue, in response -- although, again, I don't 15 like to discuss costs when I discuss 16 reproductive health -- that the costs are far 17 greater to the women, to their families, to 18 their other children and to us as a state and 19 a society if we deny them the right to equal 20 treatment under our health care programs such 21 as Medicaid. 22 This bill is a one-house bill. It 23 will not become law. We will continue this 24 debate today, but in fact I hope that all of 25 my colleagues will think hard about what the

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(518) 371-8910 1 realties are for women who find themselves in 2 the situation where they are pregnant and 3 cannot, in good faith, continue with their 4 pregnancies, and yet we're going to cut off or 5 dramatically limit their options to access to 6 health care. 7 I suppose I will also point out the 8 irony that we in this state still refuse to 9 pass a law to allow women to get timely access 10 to emergency contraception or pass S3661, 11 which would assure that women could get 12 emergency contraception through their 13 pharmacists in emergency situations. 14 I suppose I also think it's ironic 15 that we continue to fund drugs such as Viagra, 16 but we're arguing over whether a woman should 17 have the right to use Medicaid to pay for an 18 abortion if she needs one. 19 I'll be voting no. I hope all of 20 my colleagues will. 21 Thank you, Madam President. 22 ACTING PRESIDENT LITTLE: Thank 23 you. 24 Senator Farley. 25 SENATOR FARLEY: Yes, Madam

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(518) 371-8910 1 President, I rise in support of this bill. 2 This is a piece of legislation that 3 has passed in this house for over 30 years 4 that I've been here, and each year it seems to 5 gain more support. There's 35 votes for it 6 here today. Senator Saland is not with us but 7 would be voting for it. 8 There are members on this side that 9 are pro-choice that vote for this legislation. 10 Why? Because, even as Senator Hillary Clinton 11 recently said, abortion should be rare. There 12 isn't anybody, I would presume, in this room 13 that thinks abortion is a good thing. It's a 14 mistake. It's a very personal and a very 15 private situation. 16 And there's many of us, including 17 all the women in my family, and everybody that 18 I know in my family, that feels that this 19 something that should be paid for out of 20 personal and private funds. 21 The federal government has said 22 that they will pay for abortion, the Supreme 23 Court of the United States, for life 24 endangerment, rape, incest and so forth. And 25 that's the extent of it. Thirty-some-odd

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(518) 371-8910 1 states, close to 40 states have addressed this 2 and follow this federal rule. We're coming 3 into conformity with what the federal 4 government says that we have to do. 5 You say this is a one-house bill. 6 You're right. They won't even let it come to 7 the floor in the other house. You can't even 8 speak on it. I respect what you have to say, 9 those of you that favor this, that favor 10 abortion rights. I respect what you have to 11 say. But you can say it in this house. 12 Assemblyman Butler and so many people that 13 served in that house in the majority for a 14 number of years weren't even allowed to speak 15 on this subject. They wouldn't bring it up. 16 Senator Robach could attest to that, because 17 he was there. 18 This is a bill that is reasonable. 19 It is one, as I said, that has passed in this 20 house for years. It is one that addresses 21 what the federal government says we have to 22 address in the area of abortion. 23 There's many of us that feel 24 abortion is abhorrent, but that's beside the 25 point. The point of it is, it shouldn't be

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(518) 371-8910 1 used as contraception. And that's exactly 2 what many people are using it for, and using 3 the state's taxpayers' money to do that. 4 I think that this is a good piece 5 of legislation. I applaud Senator Young, the 6 first woman to bring this bill forward in this 7 house, for doing it, and I congratulate her 8 for that. And I urge its passage. 9 ACTING PRESIDENT LITTLE: Thank 10 you, Senator Farley. 11 Senator Diaz. 12 SENATOR DIAZ: Thank you, Madam 13 President. 14 The first time that I came across 15 this bill was when I just got elected to the 16 Senate and I only was five months in my job, 17 when I was -- when I came from a Democratic 18 conference where my leader -- remember, that 19 was that was three years ago -- my leader told 20 us there, "Vote your conscience." 21 So when I came to the floor, I came 22 across this bill. And that day -- I have a 23 couple of my speeches that day. And I started 24 that day by saying that I am a new Senator, 25 only five months here, and that I have a

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(518) 371-8910 1 Minority Leader who told us "Vote your 2 conscience." 3 And I said that I was also a 4 Democrat from the City of New York, I live in 5 the city where every Democratic elected 6 official from the city has to be in favor of 7 this. And everybody is in favor of this from 8 the City of New York. 9 And I also said that I am the 10 president of the New York Hispanic Clergy 11 Organization, an organization that represents 12 150 Hispanic pastors in the City of New York. 13 I also remember that I said that I'm a pastor 14 of a church in the South Bronx and that all my 15 members, my fellow minister members, they all 16 are pastors of poor people, poor women. 17 But, ladies and gentlemen, I heard 18 the other day the new president of the 19 Democratic Party, Howard Dean, he said that 20 the Republican Party is a party of white 21 Christian people. And I'm black, I'm 22 Hispanic, with kinky hair and broken English, 23 and I'm a Democrat. And I'm not a Republican, 24 I'm not white. 25 Today I heard one of my leaders,

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(518) 371-8910 1 Senator Schneiderman, say that this is 2 charade, a charade. This bill, to bring this 3 bill, is a charade? I heard another one of my 4 colleagues say that we are discriminating 5 against women. 6 Ladies and gentlemen, we are not 7 discriminating against poor women. We are 8 discriminating against working poor people. 9 When I'm campaigning, I stand in 10 the subway station in the Bronx, the South 11 Bronx -- Castle Hill, Parkchester, 149th 12 Street. All black and Hispanic poor people 13 getting up at 6 o'clock, 5 o'clock in the 14 morning to go to work. 15 If you ask those people, you ask 16 those people, poor people, Will you allow us 17 to take out of your sweat, out of your money, 18 out of your tax, will you allow us, that you 19 get up in the morning, go to work and take 20 your money to pay for someone else's choice of 21 having a good time? Will you allow -- those 22 poor people in the South Bronx, when you shake 23 their hands during campaigning time, they will 24 tell you: No, I don't want my money to be 25 used for that.

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(518) 371-8910 1 So we are discriminating against 2 the working poor people of the city and the 3 state of New York when we try to pay to send 4 them to work, go, get up in the morning, 5 5 o'clock in the morning, 4 o'clock in the 6 morning, go have two and three jobs. And 7 then, and then, then they use your money to 8 pay for someone else's abortion. 9 Abortion is a choice. And a 10 choice, a man and a woman, when they go to 11 together and they lay together, they know what 12 could happen. They know that if they lay 13 together and have sexual relations, she might 14 get pregnant. They know. But they go ahead 15 and do it. And then we want the working 16 people to pay for that abortion. Go out and 17 work and pay for them. 18 We have to protect the working 19 people. Everything is expensive. The price 20 of milk is going up. The price of chewing gum 21 is going up. The price of the subway is going 22 up. The price of everything -- gasoline, 23 everything -- is going up. And poor people 24 have to get up, they work two, three jobs, 25 sometimes, to make ends meet. And now we want

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(518) 371-8910 1 them also to pay for a person and a man that 2 go, have a good time, get pregnant -- Oh, I 3 got pregnant, pay for my -- because I'm poor. 4 And we use the poor to do -- we 5 use -- you know, we cover ourselves behind the 6 poor to cover other things. It's immoral. It 7 is immoral to abuse the working people and to 8 take their salary, their money, to pay for 9 abortion. 10 It's a choice you make. It's a 11 choice that you make. I'm a man. I'm 12 married. And I know that if I fall in love or 13 I go out with a woman and I lay down with that 14 woman, she might get protect. If she does get 15 pregnant, then I'm going to come back to the 16 people that works and tell them pay for my 17 abortion. 18 I -- I -- I'm a pastor of a church 19 in the South Bronx, I'm going to repeat myself 20 again, and I come from a district that is 21 liberal, a liberal district. And I don't hide 22 myself to say what I'm saying. And the people 23 that vote for me know what I am standing for 24 and what I'm all about. 25 This is not, this is not about poor

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(518) 371-8910 1 people. This is about a person, a man and a 2 woman that make a choice. You made that 3 choice, you live with it. Be responsible. 4 That's the choice you made. You make that 5 choice, either, you've got to live with it all 6 your life. And every decision you make, you 7 are responsible for that decision. Don't ask 8 me to pay, through my work, through my sweat, 9 for your choice. That is your choice. You go 10 pay for it. You go work. You go pay for it. 11 And don't tell me that poor people, 12 poor people don't know what they're doing. My 13 members of my church, they know what they're 14 doing. My community, they know what they're 15 doing. You go out and you have a good time, 16 you pay for it. 17 This is a good bill. 18 Congratulations, Senator Young. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator. 21 Senator Connor. 22 SENATOR CONNOR: Thank you, Madam 23 President. 24 As Senator Farley pointed out, this 25 bill in one fashion or another has come before

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(518) 371-8910 1 this Senate almost every year, certainly for 2 the last 27 years I've been here. 3 But I do have a correction, Madam 4 President. It hasn't always passed in this 5 house. It passed in the form of an amendment 6 when the late Senator Donovan sponsored it, 7 '78, '79, put the whole budget into chaos. 8 Madam President, can you imagine what chaos we 9 were in? We didn't have a budget, and it was 10 April 1st. And by April 3rd, the proponents 11 of the amendment backed off, because the state 12 was perceived to be in great crisis because 13 the budget was three days late. 14 And Senator Donovan's amendment, 15 with the assistance of some of his colleagues 16 in the Majority who indicated that they would 17 withdraw their support for it as an amendment, 18 it was withdrawn so we could have a budget. 19 But we were really, really -- Madam President, 20 we were really upset because it was April 3rd 21 when we passed that budget. 22 That's how this emerged as a 23 separate bill. It became necessary that it be 24 done separately, not as an amendment to the 25 budget, in order not to hold up the budget.

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(518) 371-8910 1 And lo and behold, it came out as a separate 2 bill for a couple of years and passed this 3 house only, of course. 4 And in 1983, it came out to the 5 floor here, sponsored by Senator Donovan at 6 the time, and he was rather stunned after the 7 roll call to find out that it had failed. 8 Whoever was doing the vote counting hadn't 9 noticed a seat in Brooklyn changed hands and 10 became a pro-choice Democrat. A couple of 11 other seats, due to retirements in the 12 majority side, had changed, and pro-choice 13 Republicans were in those seats. And the bill 14 didn't command enough votes. So it hasn't 15 always passed this house. 16 And it's never passed this house by 17 a whole lot of extra votes. Which only 18 demonstrates or reflects, I should say, 19 perhaps how divided the country can become 20 over this issue. Or has become. Although 21 polls show that the majority of Americans are 22 pro-choice. Obviously, as a political issue, 23 it's been very divisive. 24 I've been somewhat encouraged 25 recently by calls from national elected

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(518) 371-8910 1 officials that we all try and seek a new 2 paradigm in the debate over abortion. Because 3 while this bill has come out year after year 4 after year for 27 or 28 years, it certainly 5 hasn't resolved anything. Certainly, other 6 than making a statement, it hasn't made 7 members on either side of the vote feel better 8 about accomplishing anything. And yet we 9 don't see the creative legislative 10 programmatic initiatives to make abortion 11 rare. 12 And everybody, I think, agrees 13 they'd like to see abortion rare. It should 14 be safe but rare. If anything in the 15 discussion has changed in these last three 16 decades, it is that most members who support 17 this bill do today, Madam President, 18 acknowledge that as a matter of constitutional 19 law women do have a right to choose an 20 abortion. 21 In the early years of the debate -- 22 and it was only rhetorical, of course, because 23 we're not the Supreme Court -- many members on 24 this floor would get up and denounce the 25 Supreme Court decision and virtually talk, I

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(518) 371-8910 1 guess, in the language of nullification, I 2 guess would be the old way that -- of a 3 federal right. 4 So we all acknowledge abortion is 5 legal, it's a constitutional right. So why 6 this bill? 7 Now, I made, decades ago, the 8 argument that this was economically 9 discriminatory. And the response from the 10 other side of the argument was: Not my money, 11 the taxpayers' money; I have a right, Congress 12 has said it, the Supreme Court has agreed, we 13 as a Legislature have a right to say you can't 14 use my state tax dollars -- or we have a right 15 to say you don't use state tax dollars to pay 16 for an abortion. As Senator Padavan said, we 17 don't have to pay for it. 18 Well, Madam President, I, about 19 10 years ago, 12 years ago, in this debate 20 threw out something on the floor, and I don't 21 think it's changed. And I haven't heard it 22 mentioned today. State tax dollars afford 23 every one of us and our staffs, who have 24 health insurance coverage paid for, in part, 25 by the State of New York -- and other state

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(518) 371-8910 1 employees, the many tens of thousands of state 2 employees, state tax dollars pay for, partly, 3 for their health insurance, and abortion is 4 covered, is covered by those health insurance 5 plans. 6 I mentioned that probably a dozen 7 years ago in this debate, maybe longer, and 8 saw people running out for the books to check. 9 Is that true? Is that true? Yes, it was 10 true. 11 Only one person of conscience -- I 12 should say, Madam President, the person of 13 conscience in this chamber -- responded with 14 legislation. That's Senator Marchi. I think 15 we all know who I'm talking about when I talk 16 about the person of conscience in this 17 chamber. Not to exclude others, but he is 18 certainly our paradigm for that. 19 He did put in legislation, out of 20 his heartfelt convictions, that would have 21 ended the economic discrimination. His bill 22 would have denied state funding for Medicaid 23 as well as for insurance coverage for state 24 employees. Madam President, that bill didn't 25 go anywhere. That didn't go anywhere.

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(518) 371-8910 1 The fact is, there's a note of 2 hypocrisy here, and there is an element of 3 discrimination to say women who have Medicaid 4 coverage, we don't want them to get coverage 5 for abortions because it's state tax dollars, 6 when, at the same time, when at the same time 7 we spend state -- not mandated, not even 8 arguably, as Senator Krueger read cases and 9 argued, quite perhaps correctly, that state 10 constitutional law would make it necessary or 11 would forbid us cutting off Medicaid coverage. 12 But no one, no one can seriously 13 argue that the State of New York, this Senate, 14 this Legislature is under any legal 15 constraint, requirement or mandate to pay for 16 medical coverage, medical insurance coverage 17 for abortions. Yet we do it. We've always 18 done it. No one's ever seriously made an 19 issue of it or tried to stop it, with the 20 exception of Senator Marchi's bill. 21 And members stand up here and say, 22 Not my tax dollars to that poor woman who is 23 in the tragic circumstances that she feels she 24 must choose an abortion. No one stands up 25 here and says, Not my staff, not my family,

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(518) 371-8910 1 not my insurance coverage. 2 So, Madam President, if it looks 3 like it's a little hypocritical, it's because 4 it's a lot hypocritical. 5 Thank you. 6 ACTING PRESIDENT LITTLE: Thank 7 you, Senator Connor. 8 Senator Parker. 9 SENATOR PARKER: Yes, Madam 10 President. On the bill. 11 ACTING PRESIDENT LITTLE: Senator 12 Parker, on the bill. 13 SENATOR PARKER: I rise to oppose 14 this bill today. I think that this bill is 15 significantly flawed. 16 And I'm not really questioning the 17 motives or intentions of the sponsor or 18 anybody who's planning on voting for it today, 19 but we should be really clear that this is an 20 attempt to back-door Roe versus Wade. This is 21 a back door. What you're trying to simply say 22 is create again a slippery slope that says 23 first we deny poor women and then that gives 24 us, you know, some sort of policy basis to 25 give deny all women the right to choose for

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(518) 371-8910 1 themselves the circumstances under which they 2 live. 3 This is not our decision to make. 4 The decision has already been made by the 5 federal courts. It's already part of the law 6 of the land. And, you know, being that the 7 theme for this week is germaneness, I don't 8 understand how this bill even gets to the 9 floor, because it's really not germane. 10 Because I don't understand how we can deny 11 people, through economic circumstances, their 12 ability to make a choice for themselves. 13 I ask people to vote no on this 14 bill, one, because it particularly affects 15 poor women, women who are in really dire 16 circumstances, who are making a tough 17 decision. And on top of that, what this body 18 is now attempting to do is to create an 19 additional burden on them by, you know, 20 creating financial hardship on top of a hard 21 personal decision that they are forced to 22 make. 23 I don't know. Maybe, you know, I 24 think that maybe what this is is some kind of 25 elaborate economic development ploy. Maybe

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(518) 371-8910 1 people think, okay, if these poor women are 2 forced to -- if they're unable to pay, you 3 know, for this procedure, that they will be 4 forced to have children they can't afford or 5 sometimes can't, you know, take care of, in 6 bad circumstances. These children are put 7 then in situations where they grow up more 8 likely to come in contact with the law, the 9 judicial system and law enforcement, and thus 10 will become, you know, residents in our state 11 jails adding, swelling the rolls of those in 12 our state prisons and helping the upstate 13 economy. 14 And if so -- you know, that's the 15 only thing I can think of that might possibly 16 make sense of why we we're discussing this 17 today, Madam President. And if so, let's 18 discuss some other avenues. I'm happy to help 19 the upstate economy in other ways. But this 20 is a poor way to try to do something like 21 that. 22 We really need to be, you know, 23 providing more access for people to health 24 care, not less. Particularly poor people, and 25 particularly poor women, who have the least

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(518) 371-8910 1 access and really have the most difficulty as 2 it relates to health disparities in our state. 3 And so I ask my colleagues to join 4 me in voting no on this bill and in making 5 sure that we protect not just a woman's right 6 to choose, and uphold the law of the United 7 States, but that we also make sure we provide 8 health care for those of us in most need of 9 those services. 10 Thank you, Madam President. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 Senator Sabini. 14 SENATOR SABINI: Thank you, Madam 15 President. On the bill. 16 ACTING PRESIDENT LITTLE: Senator 17 Sabini, on the bill. 18 SENATOR SABINI: Madam President, 19 the number of abortions in this state has gone 20 down in the last few years, and I believe 21 that's because people are weighing the choice 22 much more heavily and perhaps practicing more 23 responsibility. 24 An earlier speaker quoted our 25 junior senator as saying abortion should be

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(518) 371-8910 1 rare, and I think we all agree with that. I 2 think we also should agree that access to 3 abortion should be fair. And if we cut off 4 the ability of people who can't afford it to 5 obtain access to an abortion, that's not fair. 6 I heard an earlier speaker talk 7 about the electiveness of an abortion. Well, 8 it depends on the -- it's in the eye of the 9 beholder. There are some religions that view 10 any surgery as being elective. 11 I don't believe that a woman, 12 regardless of her economic status in this 13 state, chooses to have a surgical procedure, 14 to have an abortion for purposes of easy 15 contraception. If you believe that, you're in 16 another part of town than where I'm from. 17 I think women view this choice as a 18 serious one, one with great responsibility. 19 And in terms of responsibility, if we cut off 20 the access that people who are eligible for 21 Medicaid have to abortion, then if you follow 22 that theory, then only the rich will have the 23 ability to have abortions as a means of 24 contraception. So that's not particularly 25 fair or good policy either.

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(518) 371-8910 1 I don't believe any constituent of 2 mine makes those decisions to have an abortion 3 capriciously or as an elective surgery or as a 4 boutique thing to do at a doctor's office, 5 but, rather, as a responsible decision for 6 their own health, for the well-being of the 7 possibility of a child who may be brought into 8 the world under bad circumstances or unfair 9 circumstances or circumstances that parent 10 never envisioned at the time of conception. 11 I don't believe women do that 12 capriciously. And I think to say that they do 13 is really insulting to them. I don't ever 14 want to be in a position of telling a woman 15 from my district who may not be from means, or 16 may have just arrived on our shores, that she 17 is forced to have a child she doesn't want to 18 have, when others just six miles away in 19 Manhattan have that choice available to them 20 by virtue of their income. 21 So I'll be voting no today, Madam 22 President, and in the hopes that we would 23 construct our debate in a sense of fairness 24 and in a sense that women who make this choice 25 don't do it in a capricious manner but take it

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(518) 371-8910 1 just as seriously as we do. And if they 2 choose to have that abortion in a situation 3 where they can't afford to pay for it, that we 4 do not deny them that access to health care 5 that others in New York State may have. 6 I'll be voting no. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator. 9 Senator Maltese. 10 SENATOR MALTESE: Madam 11 President, of one thing I'm certain, and in a 12 way I echo my Senate colleagues, that there's 13 very little new that will be heard on the 14 floor of the Senate today after so many years. 15 One new element, as Senator Farley 16 had pointed out, is that the distinguished 17 senator making the initial arguments for 18 the -- in favor of this bill is our new member 19 of this Senate, and a woman member of the 20 Senate. 21 I think that does add a different 22 element countering some of the criticism made 23 of some of us in the Senate Majority in the 24 past, although many women in the past have 25 voted for this legislation and been opposed to

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(518) 371-8910 1 other abortion, pro-abortion legislation. 2 I commend to my colleagues a group, 3 Maternity and Early Childhood Group. It's a 4 group that assists women in making an informed 5 choice regarding alternatives to abortion. 6 But it goes much further than that. It goes 7 into the fact that if a woman chooses to have 8 that child, this group, which is assisted by 9 Senate and Assembly grants and gubernatorial 10 grants, assists the woman to have that child 11 and to bring up that child. 12 The arguments pro and con have been 13 heard today, but I think it deserves 14 reiteration that those that would choose to 15 have an abortion I do not believe should, in a 16 way, infringe on the constitutional rights and 17 the moral and religious rights of those of us 18 who do not believe in abortion and who feel 19 that the abortion terminates the life of an 20 unborn child. 21 And I think that those that would 22 say that the poor would not have access to 23 abortion I think are certainly not cognizant 24 of the huge resources of so many of these 25 Planned Parenthood and NARAL groups that they

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(518) 371-8910 1 spend on advertising and other venues in the 2 media that could so easily be put to paying 3 for these abortions -- so that the taxpayer, 4 especially the taxpayer who does not agree 5 with abortions, should not have it in a way on 6 their conscience that their tax dollars 7 assisted in those selfsame abortions. 8 So I think we unfortunately live in 9 a time that abortion is -- despite the best 10 efforts and the feelings of Senator Sabini and 11 others, where abortion too often is resorted 12 to as an alternative and in some cases a 13 desirable alternative to contraception. 14 We in our society view the killing 15 in the tens of thousands and, unfortunately, 16 in the hundreds of thousands over the years of 17 children who would otherwise not only be born 18 but lend a great deal to society, and all of 19 that is lost to -- because of abortion and 20 because of ease, easy access to abortion. 21 Madam President, I plan to vote yes 22 on this bill, as I have done so many times in 23 the past. And I am hopeful that in the future 24 this bill will pass in both houses, so that 25 the funding that now goes to terminate

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(518) 371-8910 1 pregnancies perhaps can be put to better use 2 in the birth and upbringing of children. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator Maltese. 5 Senator Hassell-Thompson. 6 SENATOR HASSELL-THOMPSON: Thank 7 you, Madam President. 8 Most of my colleagues who have 9 stood up today have talked about what this 10 bill is or is not, and so that I would like to 11 insert my definition as to what I think this 12 bill is. And I think that this bill is an 13 access bill, an equal-access bill. 14 One of the things that concerns me 15 somewhat is that we begin to mix some of our 16 personal and our moral beliefs into what we 17 believe is our obligation here. I believe 18 that my obligation is to provide equal access 19 for my constituents to make choice. That's 20 what they elected me to do. Nobody decided 21 that I was their -- was the person responsible 22 for their moral behavior. 23 Having said that, as we all know, 24 there are only six days left in the session. 25 And a remarkable thing happened here today. I

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(518) 371-8910 1 heard my friends and colleagues on the other 2 side of the aisle invoking the need for 3 committee hearings on legislation. 4 The need for committee hearings has 5 already been raised, mostly on this side. But 6 I would doubt that anyone in this house can 7 think of an issue that is more deserving of a 8 public hearing or more deserving of a working 9 committee system than this one, where we have 10 real input, we need real input from real 11 people about this issue and one that affects 12 the lives of so many women throughout the 13 state. 14 I call on the Majority to take the 15 time now, before this session ends, to 16 recognize that we need a working committee 17 system. We need a vote on the 11 resolutions 18 pending before the Rules Committee. We need 19 direct citizen participation and involvement. 20 And we need hearings on this bill now before 21 we act. 22 There are only six days left for us 23 to truly reform our Senate in New York State. 24 ACTING PRESIDENT LITTLE: Thank 25 you, Senator.

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(518) 371-8910 1 Senator Oppenheimer. 2 SENATOR OPPENHEIMER: Thank you, 3 Madam President. 4 You know, I recognize the different 5 philosophies and the different backgrounds 6 that we all bring to this chamber. And I 7 respect our differences. And I think we work 8 together relatively well, considering our 9 differences and our philosophic backgrounds. 10 This is one issue, though, that I 11 think does sharply divide us. I was thinking, 12 in response to one of the speakers that did 13 not want his tax dollars going to this 14 purpose, I don't particularly want my tax 15 dollars going to fight wars. I'm someone that 16 believes that almost everything in this world 17 can be solved peacefully if you work hard 18 enough at it. But a lot of my federal tax 19 dollars, and we all pay plenty, go to the war 20 machinery and to fighting wars. And that's 21 being said as the daughter of a colonel in the 22 Army. 23 So we don't have choices. We -- 24 you know, they say, what do you have to do in 25 life? You have to die and you have to pay

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(518) 371-8910 1 taxes. And taxes aren't always going to the 2 things that you want it to go to. That was 3 one response. 4 Another, someone said that they 5 thought that abortion was being used as an 6 alternative to contraception. Ask any woman 7 that has had an abortion if she is using it 8 for contraception. It's much easier, as my 9 daughters do, to swallow a pill. That does 10 the trick. And nobody seeks to have an 11 abortion. Nobody would want an abortion. 12 It's something, if you get yourself in a real 13 bind and you find that it's impossible for you 14 to care for a child, you then have to do what 15 you have to do. 16 I don't think there's a single 17 person in this world that would say they want 18 an abortion. Abortion is horrible. But 19 sometimes -- I mean, think if it were a child 20 of yours, a daughter, let's say, and she comes 21 to you and she's in great pain because this 22 has happened and she's pregnant. And she's 23 young and she wants to go to college and she 24 wants to finish the plans that she's made. 25 And, I mean, how would you respond? I think

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(518) 371-8910 1 you have to think of it personally to see that 2 this is not a large, universal issue but 3 something that can be very personal to each 4 one of us that has a family. 5 Fortunately, my girls have not put 6 me in that spot. But I think, were they to 7 seek my help, I would surely try and offer it 8 to them. 9 So I only wanted to say a few other 10 things. I do feel that, irrespective of 11 wealth, women who are poor should have the 12 same safe environment and skilled doctors that 13 other, wealthier people can have. 14 In 1970, New York State did a very 15 bold thing, because we believed at that time 16 that poor women were suffering 17 disproportionately in very high maternal and 18 infant deaths. And there were many of these 19 deaths due to illegal abortions and high-risk, 20 very closely spaced pregnancies. 21 Which is one reason a lot of women, 22 I should inject here, seek abortions. We are 23 told we should not have children more than -- 24 you know, at least 12 months apart. I was 25 lucky my first two came in 12 months apart.

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(518) 371-8910 1 But if it's closer than that, you really have 2 a need where you are not supposed to have the 3 child. It is not healthy for the woman. 4 But New York has protected 5 reproductive freedom for its poorest women 6 ever since that time, 1970. And we've done it 7 through the state Medicaid funding for 8 abortion, since the federal funding, as we 9 know, can't go for that purpose. 10 So we hear today a great deal about 11 early detection and early intervention in our 12 health care, because we all recognize that 13 early identification is going to mean less 14 costly procedures, less complicated 15 procedures, and certainly better health for 16 the patient. 17 And the fact is that many women are 18 delaying their abortions because they cannot 19 pay for them. And abortion after the first 20 trimester of pregnancy is much more 21 complicated and, as I said, much more 22 expensive, and there are fewer and fewer 23 providers to do it now. 24 I was looking at some costs, and 25 the costs really escalate in the -- now, this

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(518) 371-8910 1 goes back a few years, about eight years. But 2 at that time, in 12 weeks the cost for an 3 abortion was about $300. Four weeks later, it 4 was doubled. And four weeks later after that, 5 it was tripled. So costwise, it certainly 6 does get vastly more expensive. 7 And women who are having trouble to 8 find the money to pay for the abortion, it 9 takes more time and it gets more costly and it 10 gets more serious as time goes on. 11 And I personally think that this 12 house should be really proud of the historic 13 work it did many years ago, and it has done, 14 to ensure that the health of all women, the 15 health is protected. And I think it would be 16 very sad and I think it would be shameful to 17 turn back the clock and to turn our backs on 18 these poor women. 19 And I also think -- I'll have to 20 check this, but I think it would be violating 21 our responsibilities under Article 17 of our 22 state constitution, which says that we should 23 provide aid, care and support of the needy. 24 So I know there's not that much new 25 happening on this issue. This chamber goes

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(518) 371-8910 1 over and over this in the 21 years I've been 2 here. But it's not going to happen in the 3 other house, and so I rest assured that poor 4 women will have this as an option. 5 So I'll be voting no, and I hope my 6 colleagues will also. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator. 9 Senator Meier. 10 SENATOR MEIER: Thank you, Madam 11 President. 12 A short time ago Senator Connor 13 mentioned Senator James Donovan, who was the 14 leading champion in this body for many years 15 for the pro-life cause. I was Senator 16 Donovan's counsel for two years. He was my 17 mentor, he was my friend. And I am no James 18 Donovan. But I feel compelled to raise some 19 points today that I think he would raise were 20 he here. 21 And one of them is kind of 22 troubling, but this is one that Senator 23 Donovan used to raise. And Senator Donovan 24 would bring this legislation to the floor even 25 after the Supreme Court decided Roe v. Wade

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(518) 371-8910 1 because, as he used to remind this body, in 2 1857 the United States Supreme Court decided a 3 case called the Dred Scott case. And that 4 case said that a slave was not a man or a 5 woman, but property. 6 And following that, the Supreme 7 Court ruled unconstitutional the Missouri 8 Compromise, because if a slave is property, 9 then you can move it from state to state like 10 any other piece of property. 11 And Senator Donovan would bring 12 this legislation to the floor, even though 13 some might have said it was an exercise in 14 futility, because he thought it important to 15 continue the discussion about just what are we 16 talking about when we talk about abortion. 17 And one of the useful things about 18 this discussion is that people seem to agree, 19 even those who would regard themselves as 20 being in the pro-choice camp, that you hear 21 this business that abortion should be rare, we 22 should do everything we can to reduce the 23 number of abortions. 24 And I find the argument that 25 abortion should be rare but readily available

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(518) 371-8910 1 to be both troubling and really intellectually 2 arresting in many ways. Why rare, if 3 untroubling? Why widely available, if there's 4 something about this that ought to be 5 troubling? 6 And what I suggest to you, and the 7 reason that this discussion today is 8 important, as many discussions are in the 9 deliberative body, whether we get it resolved 10 today or not, is because there's an important 11 idea at stake here. I would suggest to you 12 that it's troubling because there is at least 13 at stake in the mind of everyone here, 14 regardless of where you stand on this, the 15 nagging realization that we're not dealing 16 with the removal of a diseased organ, we're 17 not dealing -- you know, it's been alleged 18 that those on the side of this bill that I 19 would advocate treat this lightly, like an 20 elective procedure. Quite to the contrary. 21 It's troubling and it ought to be rare, if 22 occurring at all, because of what we are 23 dealing with. 24 Abortion ends the life of a living 25 being of the species homo sapiens, otherwise

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(518) 371-8910 1 known, in plain English, as a human being. 2 That is not theology. That is not something 3 that the church that I attend teaches me. 4 That is, my friends and colleagues, science. 5 And that's why it is indeed so 6 troubling. And that's why this discussion 7 continues to be important. Because in 8 reality, in reality, what the abortion debate 9 is about, as it continues, it's not just about 10 who ought to pay or at what stage it's 11 permissible. You have to acknowledge that you 12 are talking about ending a human life. And 13 we're niggling and haggling and debating about 14 at what stage is it permissible and who ought 15 to pay. 16 This debate is important because it 17 is important that we go back to the 18 fundamentals of this. I'm not going to 19 belabor this. There are others who have far 20 more eloquently discussed this than I. But 21 let me tell you something else that came to 22 mind today. 23 In the 18th century, an English 24 writer named Jonathan Swift wrote an essay 25 that sent shock waves across Great Britain and

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(518) 371-8910 1 across the European continent. It was called 2 "A Modest Proposal." 3 And what brings to mind Jonathan 4 Swift's modest proposal is the suggestion that 5 somehow we're dealing with economics, the 6 suggestion that somehow removing Medicaid 7 funding of abortions violates the 8 constitutional provision in this state -- by 9 the way, a constitutional provision authored 10 by a Republican, Teddy Roosevelt, that 11 provides that it's a -- I'm sorry, Fiorello 12 LaGuardia -- that provides that the state 13 shall provide for the aid and care of the 14 poor. The state shall provide for the aid and 15 care of the poor. 16 And it's been suggested today that 17 providing abortions under Medicaid provides 18 for the aid and care of the poor. 19 Jonathan's Swift's modest proposal 20 in his essay was posed in the face of a famine 21 that was going on in Ireland and the grinding, 22 abject poverty that people lived under in that 23 country. And Swift's modest proposal was that 24 the Irish alleviate their grinding poverty and 25 ease their hunger by eating their children.

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(518) 371-8910 1 It was satire, of course. It was satire, of 2 course. 3 But I would suggest to you that 4 what I've heard here today, that providing 5 abortions is aid and care for the poor, that 6 is a modest proposal, certainly. And it is 7 one that I find offensive, surely. Surely we 8 can shape a vision for the poor of this state 9 that is more ennobling, that is more positive, 10 that opens more opportunities and that is more 11 welcoming than providing them public funds to 12 abort their unborn children. 13 Madam President, when this comes to 14 vote, I'll vote aye. 15 ACTING PRESIDENT LITTLE: Thank 16 you, Senator Meier. 17 Senator Montgomery. 18 SENATOR MONTGOMERY: Yes, thank 19 you, Madam President. 20 I believe that most of my arguments 21 have already been made. I certainly agree 22 with my colleagues that this is a very, very 23 difficult decision. 24 I certainly can accept the argument 25 that Senator Meier makes about how really very

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(518) 371-8910 1 serious this is. It is very personal, very 2 private, very much a part of a medical 3 decision that women have to make for many, 4 many different reasons, very often. And 5 throughout the country. 6 It is the law of the land. So 7 we're not arguing whether or not we have the 8 right to, but whether or not we believe that 9 we should have the right to. And certainly 10 there is a lot of room for debate, continuing. 11 As we do, unfortunately, around that issue. 12 But right now the question is 13 whether or not I have the right to make that 14 decision because I don't have -- I'm not 15 eligible for Medicaid funding, but my sister 16 that lives down the hall from me may need to 17 make that decision. Does she have the right 18 to make that decision? And I think that is 19 really ultimately what we're talking about 20 today. 21 I am afraid, however, that if we 22 deny my sister down the hall from being able 23 to make that decision, it won't be very long 24 before you will be here debating whether or 25 not I can make that decision. Because we are

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(518) 371-8910 1 sisters, you know. And if it's not right for 2 my sister, then surely you're going to make 3 the same argument at some point for me. And 4 you'll figure out a rationale for that, as 5 I've heard many very interesting rationales 6 for supporting this legislation. 7 I want to point out to my 8 colleagues that while we debate the 9 availability of this particular reproductive 10 health procedure, whether or not it's 11 available to women, we are not debating how do 12 we avoid unintended pregnancies, if that's 13 what you're talking about. Some people say 14 this is a means of contraception, that 15 people -- women just decide to use this as a 16 contraceptive measure. 17 But where is the bill that would 18 allow emergency contraception to be 19 distributed by the pharmacy? It says 20 emergency -- I have a statement here that says 21 emergency contraception reduces the risk of 22 pregnancy by up to 89 percent if taken within 23 72 hours. The sooner a woman can access and 24 take emergency contraception, the better it 25 works.

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(518) 371-8910 1 So we have options. But that's not 2 what we are debating today, is it? It's how 3 are we going to make certain women unable to 4 afford one way and one decision as it relates 5 to her reproductive health and care. 6 So I have to question the sincerity 7 of this argument, because you're not telling 8 me that you are going to do as much as you can 9 for women which will allow them more options 10 than what we say abortion does. 11 The other thing that we're not 12 debating and we're not funding, and some of us 13 don't want to support that either, that is 14 school-based health clinics. Do you know that 15 if there were school-based health clinics in 16 many -- in the middle schools, especially, 17 when young people begin to talk about becoming 18 sexually active -- you know, I've heard so 19 much about sex today. We have talked about 20 sex all day long. 21 But we're not talking about how do 22 we teach young people about their bodies, how 23 do we provide for them where they are, in 24 their schools, by health professionals, a team 25 of health and mental health professionals:

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(518) 371-8910 1 How do you protect your body, how do you 2 engage in being able to avoid having premature 3 sex activity, and how do you respect your body 4 and other people's bodies? And on and on. 5 How do you use contraception as a means of 6 avoiding pregnancy so that you don't have to 7 deal with abortions? 8 And begin the process at an early 9 enough stage and age with sex education, 10 health care, mental health services, where 11 they are in their schools. It would be so 12 much cheaper, more efficient. It would serve 13 the needs of young people, help them avoid 14 becoming prematurely pregnant as well as 15 contracting other life-threatening diseases. 16 Where are we with that? Why aren't 17 we talking about doing that? 18 So I must say this is very sad, 19 because we're talking about taking away the 20 right of a certain group of women to have a 21 decision that they may need in order to save 22 their lives, while at the same time we are not 23 talking at all about how do we support women 24 in being able to absolutely avoid unwanted 25 pregnancies, in particular, along with many

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(518) 371-8910 1 other things that go along with sex. How are 2 we going to support those women, how are we 3 going to make sure that every woman in the 4 State of New York has access to reproductive 5 health care, all of what reproductive health 6 care means to a woman? 7 And are we going continue to 8 support, support men and their need for Viagra 9 while we are -- while we deny women access to 10 reproductive health? I want to talk about 11 that. 12 So this is really a very sad moment 13 for me. And, Madam President, I know that I 14 will be voting no on this legislation, and I 15 hope that my enlightened male and female 16 colleagues will vote no on this. This is the 17 wrong thing to do. 18 The women in the State of New York 19 have not asked you to do this. They have not 20 asked us to do this. Please leave us alone 21 with our health care decisions, our 22 reproductive health care that we need. Let us 23 make that decision with our physicians. And 24 just stay out of my bedroom and the bedrooms 25 of the women in this state.

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(518) 371-8910 1 Thank you very much. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Savino. 5 SENATOR SAVINO: Thank you, Madam 6 President. 7 And it's very hard to follow 8 Senator Montgomery on that. But I must say, 9 if you would all stay out of the bedrooms of 10 the women in this state, we wouldn't have the 11 need for this debate. But unfortunately, 12 that's not the case. 13 This has actually been a very 14 enlightening debate, because many of you have 15 been here for many years when this bill has 16 come up. And as it's been pointed out time 17 and time again, it is a one-house bill that 18 has never been debated in the other house. 19 But what it proves here today, to me, is that 20 reasonable people can disagree on an issue and 21 still learn from one another. 22 But let's be clear about what this 23 really is. This is an equal-access issue, it 24 is a class and economic issue, it is a 25 health-care issue. That's what this

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(518) 371-8910 1 represents to women. We don't seek to 2 restrict payment for elective procedures for 3 anything else in the Medicaid problem, with 4 the exception of probably plastic surgery, 5 which most insurers restrict. 6 I've heard many of the people here 7 today say that: We don't want to pay for 8 abortions, we don't want our taxpayers' 9 dollars to go towards paying for a women's 10 right to make reproductive choices. And the 11 question I have is, who is the "we" that we're 12 referring to? Because the vast majority of 13 Americans actually support a woman's right to 14 make reproductive choices for herself, the 15 vast majority of Americans. 16 Senator Diaz said that if you 17 stopped the working poor who got up in the 18 morning and went to work at 5 o'clock in the 19 morning every day and stopped them at the 20 subway and you asked them if they wanted to 21 pay for this, would they want their taxpayer 22 dollars to pay for this, they would say no. 23 And my response to him is, if you 24 asked those same working people if they wanted 25 their taxpayer dollars to pay for his salary,

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(518) 371-8910 1 they would probably say no to that too. If 2 you wanted their taxpayer dollars to pay for 3 anything, they would say no to that. 4 So we don't make public policy 5 based upon knee-jerk reactions from people at 6 a subway stop. They elect us to make those 7 public policy decisions. 8 And the interesting thing about 9 those working poor people is the vast majority 10 of them who don't qualify for health insurance 11 for their employers or don't receive it from 12 their employers are on Family Health Plus, 13 which is a fancy name for Medicaid in New York 14 State. And if you were to ask them the same 15 question, if it applied to them, their answer 16 would probably be no. 17 I've heard some other things here 18 today which, quite frankly, I find disturbing, 19 which are somewhat stereotypical of people's 20 view of women -- that we're immoral, that 21 we're irresponsible, and that we would choose 22 to have abortions as a method of birth 23 control. And quite frankly, that's insulting 24 to women, because it's just not the case. 25 Poor women and rich women and

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(518) 371-8910 1 middle-class women struggle with reproductive 2 issues all the time. And the decision to have 3 an abortion is not an easy one for any woman. 4 And to think that she would just simply go out 5 and do it because she's irresponsible and it's 6 just more convenient is -- it belittles the 7 process. 8 I agree with everyone here who said 9 that abortion should be rare. And it should 10 be. In a perfect world, it wouldn't have to 11 happen. Every woman would be in a committed 12 relationship, and she would be economically 13 capable of having as many children as she 14 wants. But that's just not the reality. 15 Every woman would be healthy enough to have as 16 many children as she wants. But that 17 sometimes is not the reality. And every woman 18 would have the support of her partner so that 19 she could have as much children as she wants. 20 But that's not the reality. 21 So we need to recognize that this 22 is an equal-access issue for women, regardless 23 of whether we approve of their choice or we 24 don't. It is the law of the land that women 25 have the right to make that choice. And we

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(518) 371-8910 1 should not restrict it based upon our own 2 philosophy or ideology. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator. 5 Senator Golden. 6 SENATOR GOLDEN: Thank you, Madam 7 President. 8 It's been said and it's continually 9 said how this is the greatest nation in the 10 world, and it is. And we have a great 11 biography and we have a great history. But 12 unfortunately, we are the capital of the world 13 when it comes to abortions. And 14 unfortunately, when you look at some of the 15 statistics that are out there, it's pretty 16 sad, especially for the State of New York. We 17 have over 120,000 abortions a year. Over 18 42 million abortions since 1973. 19 I don't know, I was voted from my 20 community to come represent them here in the 21 State Senate. And the numbers in my community 22 are overwhelming against funding taxpayer 23 dollars for this procedure. And I'm going to 24 listen to the people in my community and vote 25 with this bill.

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(518) 371-8910 1 These numbers are just astounding. 2 We as a body, we as a state have to do more. 3 I know there's a lot of talk going on here 4 today, and I've heard the one-house bill go 5 back and forth, back and forth. Well, God 6 willing, hopefully someday in the future it 7 will become a two-house bill. 8 Do you know, for every 1,000 births 9 here in the State of New York there are 500 10 abortions. But guess what? We're number two. 11 We're like Avis, trying harder. The District 12 of Columbia has 706, in 2001, out of the 13 Kaiser report. The numbers have gone down 14 somewhat, but not a whole lot. 15 Here in this state we've gone down 16 about 5,000 abortions. Hopefully we can see 17 that number go down 60, 70, 80 percent. 18 Hopefully, that this is the greatest nation in 19 the world, and this being the greatest state 20 in that nation, that we can come together and 21 find a way of bringing that number down. 22 Thank you. 23 ACTING PRESIDENT LITTLE: Thank 24 you, Senator Golden. 25 Before I call upon Senator

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(518) 371-8910 1 Schneiderman and Senator Young to close the 2 debate for their respective conferences, is 3 there any other Senator wishing to be heard? 4 Seeing none, Senator Schneiderman, 5 to close for the Minority. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Madam President. 8 This is -- I believe it's safe to 9 say, while we do break down to a great degree 10 on party lines, this is not an issue that I 11 view as a partisan issue. And I think that 12 we've had a far-ranging debate on a variety of 13 subjects here. And I would suggest, in 14 closing, that there are really two critical 15 points. 16 One is that we can disagree about 17 the issue of whether or not a woman should 18 have a right to choose. I feel very strongly 19 that, whether it's science or religion -- and 20 I don't think Senator Meier meant any 21 disrespect to people making decisions based on 22 religion -- the question isn't evaluating 23 whether or not to have an abortion. Many of 24 us believe that evaluation of the science, 25 evaluation of the religion should be left to a

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(518) 371-8910 1 woman. 2 It's not a matter of what the 3 decision is. To most of us, it's a matter of 4 who decides, and treating women with the 5 respect to allow them to make that decision 6 for themselves and not imposing our views or 7 the views of the predominantly male engines of 8 government on the women of the State of 9 New York. 10 I think that that is something that 11 people of good conscience can disagree about. 12 I think people who have strong positions where 13 they have religious concerns -- anti-choice, 14 anti-death penalty, if you're going to be 15 consistent and following the teachings of your 16 religion -- that's something I may disagree 17 with, but I can respect. 18 I do, however, respectfully submit 19 to my colleagues that if you feel you have to 20 make a statement on this issue because it's a 21 strongly felt issue -- sometimes you have to 22 make a statement on whatever bill comes before 23 you, whether it's you want to make a statement 24 by voting against a local tax bill. Sometimes 25 you're just trying to make a statement.

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(518) 371-8910 1 But that this piece of legislation, 2 I would urge my colleagues who disagree with 3 me on the issue of abortion rights, is the 4 worst possible place to make this argument. 5 Because this is clearly an issue about 6 allowing the wealthy to have rights, that 7 they're allowed to exercise in this state 8 their constitutional rights while you deny 9 them to the poor. 10 This is not a bill that changes the 11 legality of abortion. It's a bill that simply 12 would deny health care to women based on their 13 income. And that, I would suggest, even 14 whatever your views are on the issue, is not 15 the best way to make the argument. It's not 16 the place we should be drawing the line. 17 I don't think anyone here 18 disagrees -- and Senator Meier again mentioned 19 this -- that of course abortion is troubling. 20 Of course we want them to be, in the words of 21 President Clinton, "safe, legal and rare." 22 But I would suggest, my colleagues, 23 that the way to do that is for this house to 24 stop blocking the true sex education bill that 25 has passed the Assembly that is dying here.

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(518) 371-8910 1 This is -- the way to accomplish that is for 2 this house to stop killing the emergency 3 contraception access bill that would prevent 4 thousands of abortions. And, to those of you 5 who are concerned about tax expenditures, the 6 Comptroller of the State of New York has 7 demonstrated that this would save hundreds of 8 millions of dollars. That's dying in this 9 house. 10 So if we're really troubled by 11 abortions, there are ways to make them more 12 rare. But let's be honest about it. This 13 bill is not one of them. This bill I don't 14 think evokes the Dred Scott decision that was 15 cited earlier. This bill evokes Plessy v. 16 Ferguson, separate but unequal, the shameful 17 decision in which the U.S. Supreme Court said 18 black people can be denied access to white 19 facilities of all kinds. And they can be as 20 unattractive, as rundown, as underfunded as 21 you want, and that's okay. Separate but 22 unequal was okay under that decision. 23 This is a Plessy v. Ferguson bill. 24 This would create a two-tier health care 25 system where poor women would be denied access

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(518) 371-8910 1 to something that women of means would have. 2 And it is something, again, that is 3 tremendously personal. And I don't think we 4 should send the message that some women in 5 this state have constitutional rights, some 6 women's consciences are respected by the 7 government of the State of New York, but women 8 who don't have enough money aren't going to 9 have access to those rights, their consciences 10 don't count. That's the message of this bill. 11 I would prefer that we debate the 12 issue of abortion rights -- which is 13 absolutely a troubling, a fundamental, a big 14 issue for all of us; there's no one I know who 15 takes this easily or lightly -- in the context 16 of another bill that was not a bill about 17 economic discrimination. Let's debate that 18 issue in its own context. 19 But I would urge all of you, any of 20 you who are concerned about the number of 21 abortions in this state, as long as this house 22 stands in the way of sex education and access 23 of women to emergency contraception, you 24 really don't have standing to make that 25 argument, in my view. Let's do the job, let's

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(518) 371-8910 1 pass the bills that are sitting on our 2 doorstep from the Assembly before we start 3 complaining about that issue. 4 I'm going to be voting no, Madam 5 President. I appreciate the legitimate 6 concerns on both sides of the aisle of my 7 colleagues on this fundamental -- on the 8 fundamental issue of abortion rights. But I 9 strongly disagree with the effort to make a 10 statement about the position of many of my 11 opponents on this issue through denying poor 12 women access to these health-care services. 13 Thank you very much. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Schneiderman. 16 Senator Young, to close the debate. 17 SENATOR YOUNG: Thank you, Madam 18 President. On the bill. 19 ACTING PRESIDENT LITTLE: Senator 20 Young, on the bill. 21 SENATOR YOUNG: You know, I've 22 listened very intently to this debate today 23 because, quite honestly, this is the first 24 time that I've heard this. 25 I did serve in the Assembly for

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(518) 371-8910 1 more than six years. And Senator Farley is 2 right, we voted repeatedly, many of us in the 3 Assembly, to try to get this issue out on the 4 floor. And, sadly, we were unable to do so. 5 So it's important that we have this discussion 6 today. 7 It's been interesting to me to hear 8 many of my colleagues characterize 9 Medicaid-funded abortions as health care. I 10 would assert to you that abortion is not 11 health care. Medicaid, by definition, is 12 intended to cure illness and disability. Most 13 abortions are performed for social reasons, 14 not medical reasons. In fact, nearly half of 15 the abortions that are performed in New York 16 State are paid for by Medicaid. And many 17 taxpayers are opposed, morally, to abortion 18 and object that their tax monies are being 19 used for this purpose. 20 Some of my colleagues said that 21 abortion is horrible. I agree. It's a 22 violent, invasive procedure. And for the 23 mother, there is an unacceptable risk for 24 complications. The minimum reported immediate 25 complications are about 10 percent. Delayed

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(518) 371-8910 1 or long-term health complications affecting 2 future pregnancies and reproductive health 3 range from 17 to 50 percent. 4 And you know what? The actually 5 complication rate is actually much higher, 6 because most complications go unreported. 7 Clinics, where 90 percent of the abortions are 8 performed in this state, are not required to 9 report complications, and they rarely do. 10 Most abortions funded by New York 11 State are done in free-standing abortion 12 clinics where the physician has taken no 13 medical history, has done no physical, and has 14 had no consultation at all with the patient, 15 who is a complete stranger. 16 Now, I've heard some of my 17 colleagues say here today that abortion in 18 this state is not used as a form of birth 19 control. I'd like to share with you a story. 20 One of my friends is a nurse, and she has 21 spent her career working in a metropolitan 22 hospital. And for a while she worked in the 23 recovery room of this hospital. And she told 24 me about one particular patient who stood out. 25 This woman was a poor woman. She

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(518) 371-8910 1 was a prostitute, she was a known prostitute 2 with an arrest record. And she repeatedly 3 came into the hospital for abortions. She 4 would get pregnant, wait until she started to 5 show after the fourth or fifth month, get an 6 abortion, and go back out, and in a few months 7 would be in again to have another abortion. 8 My friend left that recovery room 9 to go another part of the hospital, and when 10 they left the recovery room, that woman had 11 been in for her ninth Medicaid-funded 12 abortion. 13 That is not health care. And in 14 fact, that shows the failure of the system. 15 Many people say that this system is here to 16 protect women's health. I say in many cases 17 this victimizes poor women's health in this 18 state. 19 So I am glad to hear this debate. 20 I am glad to hear that we're discussing this. 21 But abortion is a personal and private 22 decision that is an elective procedure that 23 should not be funded by our tax dollars. 24 So I speak in favor of this bill. 25 This is an important bill. And I urge my

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(518) 371-8910 1 colleagues to vote yes on this bill. 2 ACTING PRESIDENT LITTLE: Thank 3 you, Senator Young. 4 The debate is closed. 5 The Secretary will ring the bell. 6 SENATOR SCHNEIDERMAN: Madam 7 President, we request a slow roll call. 8 ACTING PRESIDENT LITTLE: Since 9 five members are standing, there will be a 10 slow roll call on this bill. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: The 15 Secretary will call the roll. 16 THE SECRETARY: Senator Alesi. 17 SENATOR ALESI: Aye. 18 THE SECRETARY: Senator Andrews. 19 SENATOR ANDREWS: No. 20 THE SECRETARY: Senator Balboni. 21 SENATOR BALBONI: Yes. 22 THE SECRETARY: Senator Bonacic. 23 SENATOR BONACIC: No. 24 THE SECRETARY: Senator Breslin. 25 SENATOR BRESLIN: No.

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(518) 371-8910 1 THE SECRETARY: Senator Brown. 2 SENATOR BROWN: No. 3 THE SECRETARY: Senator Bruno. 4 (Senator Bruno was indicated as 5 voting in the affirmative.) 6 THE SECRETARY: Senator Connor. 7 ACTING PRESIDENT LITTLE: Senator 8 Connor, to explain his vote. 9 SENATOR CONNOR: Thank you, Madam 10 President. 11 I listened to this entire debate. 12 And I listened to the sponsor close and say 13 the fundamental principle was that many people 14 believe, because of their convictions, that 15 taxpayer money should not be used to fund 16 abortion services, which according to the 17 sponsor are elective. 18 No one explained to me who holds 19 that position why it is okay, in their mind, 20 then, that taxpayer money is being used to 21 fund abortion services for public employees of 22 the State of New York, including members of 23 the Legislature and the Legislature's staff. 24 The absence of that reconciliation 25 is a perfect example, Madam President, of why

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(518) 371-8910 1 I vote no. 2 ACTING PRESIDENT LITTLE: Thank 3 you. 4 Senator Connor in the negative. 5 THE SECRETARY: Senator 6 DeFrancisco. 7 SENATOR DeFRANCISCO: Yes. 8 THE SECRETARY: Senator Diaz. 9 ACTING PRESIDENT LITTLE: Senator 10 Diaz, to explain his vote. 11 SENATOR DIAZ: Thank you, Madam 12 President. 13 Some time ago I used a terminology 14 here trying to -- against abortion. And I 15 compared the -- the thing that happened in 16 Germany against abortion. And that was wrong, 17 the comparison was wrong. 18 And Senator Stachowski was good 19 enough to call me aside and tell me, You 20 shouldn't, I think it's wrong. And he 21 explained to me. And I accepted his 22 explanation that it was wrong and I would no 23 longer use those kind of comparisons. 24 My other colleague, my deputy 25 conference -- deputy leader, he went public to

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(518) 371-8910 1 the press. He didn't call me, he went to the 2 press and he blasted me to the Daily News. 3 And there's two different 4 comparisons there, how things could be 5 handled. 6 Today I heard one of my colleagues 7 saying that -- comparing the using of taxes to 8 pay for an abortion as equally by using taxes 9 to pay for war to defend the freedom of the 10 country, and for education. 11 So, you know, those are two 12 different issues. Two different things. And 13 today we are not dealing about abortion. This 14 is not about abortion. This is about who's 15 going to pay for it. This is what it is. 16 It's not about abortion or about a woman's 17 right. It's about who's paying for it. 18 The working people, the people that 19 get up in the morning, at 5 o'clock in the 20 morning, and have two or three jobs to pay for 21 abortion? Who's paying for it? I refuse to 22 make the working people of New York State to 23 pay for abortions. 24 I'm voting yes. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Diaz will be recorded in the affirmative. 2 THE SECRETARY: Senator Dilan. 3 SENATOR DILAN: No. 4 THE SECRETARY: Senator Duane. 5 ACTING PRESIDENT LITTLE: Senator 6 Duane, to explain his vote. 7 SENATOR DUANE: Thank you, Madam 8 President. 9 Just my philosophy, my strong 10 belief on this issue is that family planning 11 and reproductive services, including abortion, 12 are health care. And health care should be a 13 right for everyone in our state. And as such, 14 it should be covered by Medicaid dollars. 15 So because abortion is part of 16 health care and health care is a right, I'm 17 voting no, Madam President. 18 ACTING PRESIDENT LITTLE: Thank 19 you. 20 Senator Duane will be recorded in 21 the negative. 22 THE SECRETARY: Senator Farley. 23 ACTING PRESIDENT LITTLE: Senator 24 Farley, to explain his vote. 25 SENATOR FARLEY: Thank you, Madam

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(518) 371-8910 1 President. 2 I just want to say that -- commend 3 Senator Young for the articulate way she 4 defended this bill as a woman. 5 And also to say that we would have 6 35 votes here today except two members that 7 would be voting yes are not here. 8 But I applaud the fact that we are 9 able to discuss this issue in this chamber and 10 to vote on it. It's something, again, that 11 has been here, it's a tradition in this house. 12 We have passed it year after year. Senator 13 Connor was right that we used to have to do an 14 amendment, which none of us liked. But this 15 bill has passed almost every year that I've 16 been here. 17 And I'm going to vote aye. 18 ACTING PRESIDENT LITTLE: Senator 19 Farley will be recorded in the affirmative. 20 THE SECRETARY: Senator Flanagan. 21 SENATOR FLANAGAN: Yes. 22 THE SECRETARY: Senator 23 Fuschillo. 24 SENATOR FUSCHILLO: Aye. 25 THE SECRETARY: Senator Golden.

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(518) 371-8910 1 SENATOR GOLDEN: Aye. 2 THE SECRETARY: Senator Gonzalez. 3 (No response.) 4 THE SECRETARY: Senator Hannon. 5 SENATOR HANNON: Yes. 6 THE SECRETARY: Senator 7 Hassell-Thompson. 8 SENATOR HASSELL-THOMPSON: No. 9 THE SECRETARY: Senator Johnson. 10 SENATOR JOHNSON: Aye. 11 THE SECRETARY: Senator Klein. 12 SENATOR KLEIN: No. 13 THE SECRETARY: Senator L. 14 Krueger. 15 ACTING PRESIDENT LITTLE: Senator 16 Krueger, to explain her vote. 17 SENATOR LIZ KRUEGER: Thank you. 18 By singling out abortion as an 19 exclusion from Medicaid coverage, our 20 government would establish a two-tiered system 21 of health care in which poor women do not have 22 the same freedom in making decisions about 23 their lives and their reproductive health as 24 women with income or with private insurance. 25 It is fundamentally unjust. It is

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(518) 371-8910 1 discriminatory. It is in violation of the 2 constitution of the State of New York. I'll 3 be voting no. 4 ACTING PRESIDENT LITTLE: Senator 5 Krueger will be voting in the negative. 6 THE SECRETARY: Senator C. 7 Kruger. 8 SENATOR C. KRUGER: No. 9 THE SECRETARY: Senator Larkin. 10 SENATOR LARKIN: Yes. 11 THE SECRETARY: Senator LaValle. 12 SENATOR LaVALLE: Aye. 13 THE SECRETARY: Senator Leibell. 14 SENATOR LEIBELL: Aye. 15 THE SECRETARY: Senator Libous. 16 SENATOR LIBOUS: Yes. 17 THE SECRETARY: Senator Little. 18 SENATOR LITTLE: Yes. 19 THE SECRETARY: Senator Maltese. 20 SENATOR MALTESE: Aye. 21 THE SECRETARY: Senator 22 Marcellino. 23 SENATOR MARCELLINO: Yes. 24 THE SECRETARY: Senator Marchi. 25 SENATOR MARCHI: Aye.

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(518) 371-8910 1 THE SECRETARY: Senator Maziarz. 2 SENATOR MAZIARZ: Aye. 3 THE SECRETARY: Senator Meier. 4 SENATOR MEIER: Yes. 5 THE SECRETARY: Senator 6 Montgomery. 7 SENATOR MONTGOMERY: No. 8 THE SECRETARY: Senator Morahan. 9 SENATOR MORAHAN: Yes. 10 THE SECRETARY: Senator Nozzolio. 11 (No response.) 12 THE SECRETARY: Senator Onorato. 13 SENATOR ONORATO: Yes. 14 THE SECRETARY: Senator 15 Oppenheimer. 16 (No response.) 17 THE SECRETARY: Senator Padavan. 18 SENATOR PADAVAN: Yes. 19 THE SECRETARY: Senator Parker. 20 SENATOR PARKER: No. 21 THE SECRETARY: Senator Paterson. 22 (Senator Paterson was indicated as 23 voting in the negative.) 24 THE SECRETARY: Senator Rath. 25 SENATOR RATH: Yes.

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(518) 371-8910 1 THE SECRETARY: Senator Robach. 2 SENATOR ROBACH: Yes. 3 THE SECRETARY: Senator Sabini. 4 SENATOR SABINI: No. 5 THE SECRETARY: Senator Saland, 6 excused. 7 Senator Sampson. 8 SENATOR SAMPSON: No. 9 THE SECRETARY: Senator Savino. 10 SENATOR SAVINO: No. 11 THE SECRETARY: Senator 12 Schneiderman. 13 SENATOR SCHNEIDERMAN: No. 14 THE SECRETARY: Senator Serrano. 15 SENATOR SERRANO: No. 16 THE SECRETARY: Senator Seward. 17 SENATOR SEWARD: No. 18 THE SECRETARY: Senator Skelos. 19 SENATOR SKELOS: Aye. 20 THE SECRETARY: Senator A. Smith. 21 ACTING PRESIDENT LITTLE: Senator 22 Smith, to explain her vote. 23 SENATOR ADA SMITH: Thank you, 24 Madam President. 25 I believe that health care is the

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(518) 371-8910 1 right of everyone. And this is clearly a 2 health care issue. I also acknowledge that 3 every woman in this room, although most of us 4 are of an age where an abortion would not be 5 necessary, has a right to have an abortion at 6 taxpayers' expense, because they are paying 7 into our health insurance. 8 It's totally unfair that we should 9 be given that privilege, even though we don't 10 need it, and women who very much need it are 11 denied that right. Therefore, I clearly and 12 resoundingly vote no. 13 ACTING PRESIDENT LITTLE: Senator 14 A. Smith will be recorded in the negative. 15 THE SECRETARY: Senator M. Smith. 16 SENATOR MALCOLM SMITH: No. 17 THE SECRETARY: Senator Spano. 18 SENATOR SPANO: No. 19 THE SECRETARY: Senator 20 Stachowski. 21 SENATOR STACHOWSKI: Yes. 22 THE SECRETARY: Senator Stavisky. 23 SENATOR STAVISKY: Madam 24 President, to briefly -- 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Stavisky, to explain her vote. 2 SENATOR STAVISKY: Thank you. 3 Madam President, I've heard people 4 say here that it's about who pays for it, who 5 pays for a medical procedure. And what's the 6 next procedure that we're going to attack? 7 Madam President, I vote no. 8 ACTING PRESIDENT LITTLE: Senator 9 Stavisky will be recorded in the negative. 10 THE SECRETARY: Senator Trunzo. 11 SENATOR TRUNZO: Yes. 12 THE SECRETARY: Senator Valesky. 13 SENATOR VALESKY: No. 14 THE SECRETARY: Senator Volker. 15 SENATOR VOLKER: Yes. 16 THE SECRETARY: Senator Winner. 17 SENATOR WINNER: No. 18 THE SECRETARY: Senator Wright. 19 SENATOR WRIGHT: Aye. 20 THE SECRETARY: Senator Young. 21 SENATOR YOUNG: Yes. 22 ACTING PRESIDENT LITTLE: The 23 Secretary will read the absentees. 24 THE SECRETARY: Senator Gonzalez. 25 (No response.)

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(518) 371-8910 1 THE SECRETARY: Senator Nozzolio. 2 (No response.) 3 THE SECRETARY: Senator 4 Oppenheimer. 5 SENATOR OPPENHEIMER: I vote no. 6 THE SECRETARY: Ayes, 32. Nays, 7 27. 8 Absent from voting: Senators 9 Gonzalez and Nozzolio. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 Senator Skelos. 13 SENATOR SKELOS: Madam President, 14 if we could go to the supplemental active list 15 and take up Calendar Number 1257, by Senator 16 Bonacic. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 The Secretary will read. 20 THE SECRETARY: Calendar Number 21 1257, by Senator Bonacic, Senate Print 4656A, 22 an act to amend the Correction Law. 23 SENATOR SCHNEIDERMAN: 24 Explanation. 25 Lay it aside.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: We are 2 on the noncontroversial reading, and the bill 3 will be laid aside. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1488, by Senator Little, Senate Print 720, an 7 act to amend the Tax Law. 8 SENATOR SKELOS: Madam President. 9 ACTING PRESIDENT LITTLE: Senator 10 Skelos. 11 SENATOR SKELOS: We are on the 12 noncontroversial reading of the supplemental 13 active list, and we are beginning with Senator 14 Bonacic's bill, Calendar Number 1257. 15 ACTING PRESIDENT LITTLE: That 16 bill has been laid aside. 17 SENATOR SKELOS: I believe 18 Senator Schneiderman asked for an explanation. 19 SENATOR SCHNEIDERMAN: Oh, I'm 20 sorry, I meant lay it aside. 21 SENATOR SKELOS: You meant lay it 22 aside. 23 Well, then, the bill is laid aside. 24 ACTING PRESIDENT LITTLE: The 25 bill is laid aside.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1488, by Senator Little, Senate Print 720, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT LITTLE: There 5 is a local fiscal impact note at the desk. 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect June 1, 2005. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1489, by Senator Rath, Senate Print 1574A, an 17 act to amend the Social Services Law. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: In relation to 5 Calendar Number 1491, Senator Saland moves to 6 discharge, from the Committee on Rules, 7 Assembly Bill Number 4539 and substitute it 8 for the identical Senate Bill Number 1832, 9 Third Reading Calendar 1491. 10 ACTING PRESIDENT LITTLE: 11 Substitution ordered. 12 The Secretary will read. 13 THE SECRETARY: Calendar Number 14 1491, by Member of the Assembly Miller, 15 Assembly Print Number 4539, an act to amend 16 the Tax Law. 17 ACTING PRESIDENT LITTLE: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT LITTLE: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 60. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1492, by Senator Little, Senate Print 2306, an 4 act to amend the General Business Law. 5 ACTING PRESIDENT LITTLE: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT LITTLE: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 60. 13 ACTING PRESIDENT LITTLE: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1493, by Senator Hannon, Senate Print 2559, an 17 act to amend the Public Health Law. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 5. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1494, by Senator Spano, Senate Print 2758A, an 5 act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT LITTLE: There 8 is a home-rule message at the desk. 9 Read the last section. 10 THE SECRETARY: Section 5. 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, 60. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: In relation to 19 Calendar Number 1495, Senator Volker moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 6595B and substitute it 22 for the identical Senate Bill Number 2985A, 23 Third Reading Calendar 1495. 24 ACTING PRESIDENT LITTLE: 25 Substitution ordered.

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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1495, by Member of the Assembly Jacobs, 4 Assembly Print Number 6595B, an act to amend 5 the Executive Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: In relation to 17 Calendar Number 1496, Senator Young moves to 18 discharge, from the Committee on Rules, 19 Assembly Bill Number 4223A and substitute it 20 for the identical Senate Bill Number 3409, 21 Third Reading Calendar 1496. 22 ACTING PRESIDENT LITTLE: 23 Substitution ordered. 24 The Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1496, by Member of the Assembly Parment, 2 Assembly Print Number 4223A, an act in 3 relation to authorizing. 4 ACTING PRESIDENT LITTLE: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT LITTLE: Call 9 the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 60. 12 ACTING PRESIDENT LITTLE: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1497, by Senator Johnson, Senate Print 3528, 16 an act to amend Chapter 672 of the Laws of 17 1993. 18 ACTING PRESIDENT LITTLE: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT LITTLE: Call 23 the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1498, by Senator Young, Senate Print 3663, an 5 act to amend the State Finance Law. 6 ACTING PRESIDENT LITTLE: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT LITTLE: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT LITTLE: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1499, by Senator Robach, Senate Print 3701, an 18 act to authorize. 19 ACTING PRESIDENT LITTLE: Read 20 the last section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 ACTING PRESIDENT LITTLE: Call 24 the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1500, by Senator Larkin, Senate Print 3913, an 6 act to amend the Retirement and Social 7 Security Law. 8 ACTING PRESIDENT LITTLE: Read 9 the last section. 10 THE SECRETARY: Section 3. 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, 60. 16 ACTING PRESIDENT LITTLE: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1501, by Senator Robach, Senate Print 3919, an 20 act to amend the Retirement and Social 21 Security Law. 22 ACTING PRESIDENT LITTLE: Read 23 the last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT LITTLE: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1502, by Senator Larkin, Senate Print 4017, an 9 act to amend the Tax Law. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1503, Senator Padavan moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 7021 and substitute it 25 for the identical Senate Bill Number 4067,

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(518) 371-8910 1 Third Reading Calendar 1503. 2 SENATOR DUANE: Lay it aside, 3 please. 4 ACTING PRESIDENT LITTLE: 5 Substitution ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1503 -- 9 ACTING PRESIDENT LITTLE: The 10 bill is laid aside. 11 THE SECRETARY: In relation to 12 Calendar Number 1504, Senator Morahan moves to 13 discharge, from the Committee on Mental Health 14 and Developmental Disabilities, Assembly Bill 15 Number 1248 and substitute it for the 16 identical Senate Bill Number 4142, Third 17 Reading Calendar 1504. 18 ACTING PRESIDENT LITTLE: 19 Substitution ordered. 20 The Secretary will read. 21 THE SECRETARY: Calendar Number 22 1504, by Member of the Assembly Dinowitz, 23 Assembly Print Number 1248, an act to amend 24 the Mental Hygiene Law. 25 ACTING PRESIDENT LITTLE: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LITTLE: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 60. 8 ACTING PRESIDENT LITTLE: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1505, by Senator Farley, Senate Print 4195, an 12 act to amend the Banking Law. 13 ACTING PRESIDENT LITTLE: Read 14 the last section. 15 THE SECRETARY: Section 7. This 16 act shall take effect immediately. 17 ACTING PRESIDENT LITTLE: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1506, by Senator Farley, Senate Print 4198, an 25 act to amend the Banking Law.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Read 2 the last section. 3 THE SECRETARY: Section 16. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT LITTLE: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1507, by Senator Hannon, Senate Print 4244A, 13 an act to amend the Public Health Law. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1508, by Senator Wright, Senate Print 4268, an

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(518) 371-8910 1 act to amend the Executive Law. 2 ACTING PRESIDENT LITTLE: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT LITTLE: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 59. Nays, 10 1. Senator Duane recorded in the negative. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1509, by Senator Wright, Senate Print 4368, an 15 act to amend the Criminal Procedure Law. 16 ACTING PRESIDENT LITTLE: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 1509 are 25 Senators Duane, Hassell-Thompson, and

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(518) 371-8910 1 L. Krueger. 2 Ayes, 57. Nays, 3. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1510, by Senator Golden, Senate Print 4455, an 7 act to amend the Retirement and Social 8 Security Law and the Administrative Code of 9 the City of New York. 10 ACTING PRESIDENT LITTLE: Read 11 the last section. 12 THE SECRETARY: Section 5. This 13 act shall take effect immediately. 14 ACTING PRESIDENT LITTLE: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 ACTING PRESIDENT LITTLE: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1511, by Senator Golden, Senate Print 4530A, 22 an act to amend the Retirement and Social 23 Security Law and the Administrative Code of 24 the City of New York. 25 ACTING PRESIDENT LITTLE: There

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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 7. 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, 60. 9 ACTING PRESIDENT LITTLE: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1512, by Senator Robach, Senate Print 4822, an 13 act to amend the Civil Service Law. 14 ACTING PRESIDENT LITTLE: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 ACTING PRESIDENT LITTLE: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1513, by Senator Winner, Senate Print 4835, an

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(518) 371-8910 1 act to amend the -- 2 SENATOR WINNER: Lay it aside for 3 the day, please. 4 ACTING PRESIDENT LITTLE: The 5 bill is laid aside for the day. 6 THE SECRETARY: Calendar Number 7 1514, by Senator Flanagan, Senate Print 5231A, 8 an act to amend the Correction Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: In relation to 20 Calendar Number 1515, Senator Marcellino moves 21 to discharge, from the Committee on Rules, 22 Assembly Bill Number 7892 and substitute it 23 for the identical Senate Bill Number 5347, 24 Third Reading Calendar 1515. 25 ACTING PRESIDENT LITTLE:

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(518) 371-8910 1 Substitution ordered. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1515, by Member of the Assembly DiNapoli, 5 Assembly Print Number 7892, an act to amend 6 the Town Law. 7 ACTING PRESIDENT LITTLE: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 90th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 60. 15 ACTING PRESIDENT LITTLE: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1516, by the Senate Committee on Rules, Senate 19 Print Number 5378, an act to amend the Tax 20 Law. 21 ACTING PRESIDENT LITTLE: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 60. 4 ACTING PRESIDENT LITTLE: The 5 bill is passed. 6 THE SECRETARY: In relation to 7 Calendar Number 1518, Senator Skelos moves to 8 discharge, from the Committee on Rules, 9 Assembly Bill Number 7422A and substitute it 10 for the identical Senate Bill Number 5433A, 11 Third Reading Calendar 1518. 12 ACTING PRESIDENT LITTLE: 13 Substitution ordered. 14 The Secretary will read. 15 THE SECRETARY: Calendar Number 16 1518, by Member of the Assembly Weisenberg, 17 Assembly Print Number 7422A, an act to amend 18 the Parks, Recreation and Historic 19 Preservation Law. 20 ACTING PRESIDENT LITTLE: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT LITTLE: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1520, by the Senate Committee on Rules, Senate 7 Print Number 5464, an act to amend the Labor 8 Law. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 60th day. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1521, by the Senate Committee on Rules, Senate 21 Print Number 5469, an act to make the widow 22 and children of a former uniformed employee. 23 ACTING PRESIDENT LITTLE: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT LITTLE: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes, 60. 6 ACTING PRESIDENT LITTLE: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1522, by Senator Meier, Senate Print 5473, an 10 act to amend the Executive Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect January 1, 2006. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1523, Senator Young moves to 23 discharge, from the Committee on Rules, 24 Assembly Bill Number 6873A and substitute it 25 for the identical Senate Bill Number 5508A,

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(518) 371-8910 1 Third Reading Calendar 1523. 2 ACTING PRESIDENT LITTLE: 3 Substitution ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1523, by Member of the Assembly Magee, 7 Assembly Print Number 6873A, an act to amend 8 the Agriculture and Markets Law. 9 ACTING PRESIDENT LITTLE: Senator 10 Sabini. 11 SENATOR SABINI: Madam President, 12 to explain my vote. 13 ACTING PRESIDENT LITTLE: Can you 14 hold till we do the roll call. 15 Read the last section. 16 THE SECRETARY: Section 9. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT LITTLE: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT LITTLE: Senator 22 Sabini, to explain his vote. 23 SENATOR SABINI: Thank you, Madam 24 President. I was called out of turn, and I 25 apologize.

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(518) 371-8910 1 I just want to say I'm going to 2 vote for the bill, but I urge the sponsors to 3 look at my bill, S5454. In the sponsor's 4 memorandum, it talks about having a greater 5 level of efficiency for dog licensing. And in 6 this state, people who purchase a dog are not 7 notified by the purchaser, are not required to 8 be notified by the purchaser of the local 9 license requirements, where to get a license. 10 And I believe my bill, which is now 11 in Rules and has passed Consumer Affairs, 12 would make this bill even more effective. And 13 I vote aye, but I implore the sponsor to look 14 at my bill and add it to the repertoire. 15 Thank you. 16 ACTING PRESIDENT LITTLE: Senator 17 Sabini will be recorded in the affirmative. 18 The Secretary will announce the 19 results. 20 THE SECRETARY: Ayes, 60. 21 ACTING PRESIDENT LITTLE: The 22 bill is passed. 23 THE SECRETARY: In relation to 24 Calendar Number 1525, Senator Maziarz moves to 25 discharge, from the Committee on Rules,

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(518) 371-8910 1 Assembly Bill Number 8484 and substitute it 2 for the identical Senate Bill Number 5564, 3 Third Reading Calendar 1525. 4 ACTING PRESIDENT LITTLE: The 5 substitution is ordered. 6 The Secretary will read. 7 THE SECRETARY: Calendar Number 8 1525, by Member of the Assembly DelMonte, 9 Assembly Print Number 8484, an act to amend 10 the Environmental Conservation Law. 11 ACTING PRESIDENT LITTLE: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT LITTLE: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 60. 19 ACTING PRESIDENT LITTLE: The 20 bill is passed. 21 THE SECRETARY: In relation to 22 Calendar Number 1526, Senator DeFrancisco 23 moves to discharge, from the Committee on 24 Rules, Assembly Bill Number 8174 and 25 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 5574, Third Reading Calendar 1526. 2 ACTING PRESIDENT LITTLE: The 3 substitution is ordered. 4 The Secretary will read. 5 THE SECRETARY: Calendar Number 6 1526, by Member of the Assembly Karben, 7 Assembly Print Number 8174, an act to amend 8 the Court of Claims Act. 9 ACTING PRESIDENT LITTLE: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT LITTLE: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 60. 17 ACTING PRESIDENT LITTLE: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1527, by Senator Volker, Senate Print 5584, an 21 act to amend the Civil Practice Law and Rules 22 and the Real Property Actions and Proceedings 23 Law. 24 ACTING PRESIDENT LITTLE: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT LITTLE: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1527 are 8 Senators Duane and L. Krueger. 9 Ayes, 58. Nays, 2. 10 ACTING PRESIDENT LITTLE: The 11 bill is passed. 12 Senator Skelos, that completes the 13 noncontroversial reading of the supplemental 14 calendar. 15 SENATOR SKELOS: Thank you, Madam 16 President. 17 If we could go to the controversial 18 reading of the supplemental active list. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 The Secretary will ring the bell. 22 The Secretary will read. 23 THE SECRETARY: Calendar Number 24 1257, by Senator Bonacic, Senate Print 4656A, 25 an act to amend the Correction Law.

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(518) 371-8910 1 SENATOR SCHNEIDERMAN: 2 Explanation. 3 SENATOR MONTGOMERY: Explanation. 4 ACTING PRESIDENT LITTLE: Senator 5 Bonacic, for an explanation. 6 SENATOR BONACIC: Thank you, 7 Madam President. 8 This legislation amends the 9 Correction Law in relation to requiring the 10 electronic monitoring of Level 3 sex 11 offenders. These Level 3 sex offenders are 12 the most dangerous, they're most likely to 13 commit a crime of rape, assault, murder 14 against children and women. 15 This legislation was part of the 16 omnibus bill by Senator Skelos with Megan's 17 Law last week. I talked to the portion of the 18 bill that dealt with GPS monitoring; now it is 19 a stand-alone bill. 20 We have, I believe, 34 sponsors in 21 a bipartisan way in the Senate. There were 22 two no votes on the omnibus Megan's bill, of 23 which this was a component. 24 ACTING PRESIDENT LITTLE: Senator 25 Montgomery.

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(518) 371-8910 1 SENATOR MONTGOMERY: Madam 2 President, would the sponsor yield for a 3 question on this legislation. 4 ACTING PRESIDENT LITTLE: Senator 5 Bonacic, do you yield? 6 SENATOR BONACIC: Absolutely. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 The Senator yields. 10 SENATOR MONTGOMERY: Senator 11 Bonacic, your legislation, does it -- is this 12 monitoring for life? This is a lifetime 13 monitoring bill? 14 SENATOR BONACIC: As long as 15 there's a Level 3 sex offender category, then 16 there could be electronic monitoring for life. 17 SENATOR MONTGOMERY: Madam 18 President, through you, if Senator Bonacic 19 would answer another question. 20 ACTING PRESIDENT LITTLE: Senator 21 Bonacic, do you yield? 22 SENATOR BONACIC: Yes. 23 ACTING PRESIDENT LITTLE: The 24 Senator yields. 25 SENATOR MONTGOMERY: Thank you.

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(518) 371-8910 1 So, Senator Bonacic, who pays for 2 this electronic monitoring? Is this part of 3 the Criminal Justice DOCS budget, or is there 4 some fee that's charged to the person? 5 SENATOR BONACIC: At the present 6 time, we have approximately a little over 7 5,200 Level 3 sex offenders that have been 8 designated as such in the State of New York, 9 of which 4,400 are in the communities in the 10 State of New York. The rest are still in 11 jail. 12 It is estimated that passive 13 electronic monitoring is $5 per person. 14 Active electronic monitoring is $10 per 15 person. Total cost is approximately 16 $10 million per year that would have to be 17 paid by the budget, out of our budget, the 18 taxpayers, to be offset based on a needs 19 standard. If that Level 3 sex offender could 20 pay, was working, we would have him pay for 21 his own monitoring as an offset. 22 SENATOR MONTGOMERY: Through you, 23 Madam President, if Senator Bonacic would 24 continue to yield. 25 ACTING PRESIDENT LITTLE: Thank

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(518) 371-8910 1 you. 2 Senator Bonacic, do you continue to 3 yield? 4 SENATOR BONACIC: Yes. 5 ACTING PRESIDENT LITTLE: The 6 Senator yields. 7 SENATOR MONTGOMERY: Thank you. 8 Senator Bonacic, your proposal to 9 spend the $10 million, approximating, that it 10 might cost us to do this, do we have any idea 11 of how the extent of recidivism, if you will, 12 that -- 13 SENATOR BONACIC: You mean how 14 successful it will be? 15 SENATOR MONTGOMERY: Not how 16 successful it will be. But how many people 17 commit additional offenses, of the Level 3s? 18 I mean, this must be a huge problem that we're 19 going to spend $10 million, I would imagine. 20 SENATOR BONACIC: Well, let me 21 make sure I understand your question. 22 In the state of Florida since 1998, 23 they have put in GPS monitoring of Level 3 sex 24 offenders. The recidivism rate dropped by 25 30 percent, of that category.

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(518) 371-8910 1 Now, you're asking me of the 4,400 2 that we have designated now, if we go to GPS 3 monitoring, how many of those people are not 4 apt to commit a crime again? 5 SENATOR MONTGOMERY: No. My 6 question is, what is the basis of us making a 7 decision to spend the $10 million? 8 SENATOR BONACIC: Why we're 9 making an investment of $10 million? 10 SENATOR MONTGOMERY: Is this a 11 crisis issue at this point in time, based on 12 the statistics that you have of how many 13 repeat offenses of people in this category? 14 SENATOR BONACIC: The purpose of 15 investing $10 million is to protect children 16 and community from acts of violence of 17 assault, rape or murder from this day forward 18 into the future. That's the purpose of making 19 the investment. 20 SENATOR MONTGOMERY: I see. 21 Okay. 22 And one last question regarding 23 Senator Bonacic's legislation, Madam 24 President, through you. 25 ACTING PRESIDENT LITTLE: Senator

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(518) 371-8910 1 Bonacic, do you yield? 2 SENATOR BONACIC: Yes. 3 ACTING PRESIDENT LITTLE: The 4 Senator yields. 5 SENATOR MONTGOMERY: Thank you. 6 So now if a person does not wear 7 the monitor or for some reason takes it off, 8 this becomes a felony, a D felony? In other 9 words, the person is required to wear the 10 monitor, somehow takes it off and is found to 11 be in violation of wearing the monitor, that 12 person gets charged with an additional charge 13 of a D felony? 14 SENATOR BONACIC: The Criminal 15 Justice Department has prescribed rules and 16 regulations of when it would be appropriate to 17 take the electronic monitoring off. 18 If you're in your home and you're 19 within 150 feet of the transmitter, it's 20 appropriate. But if you intentionally break 21 the connection between the ankle bracelet and 22 the transmitter, the first offense would be a 23 misdemeanor. 24 If you go into what we call 25 exclusionary zones, hot zones -- which are

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(518) 371-8910 1 schools, daycare centers, places where there 2 are vulnerable children -- that will be a 3 violation. 4 And what happens is when that 5 happens, a signal goes off to what we call a 6 collecting agency. And within 60 to 90 7 seconds, they notify the Division of Criminal 8 Justice. Either a state parole officer will 9 go out, in those cases where those counties 10 don't have a county parole officer, or the 11 call could go to a county parole officer, who 12 would then make a judgment to go out and try 13 to find that Level 3 sexual predator. 14 More than one intentional violation 15 is a D felony. 16 SENATOR MONTGOMERY: I see. All 17 right, thank you. 18 Just briefly on the legislation. 19 ACTING PRESIDENT LITTLE: Senator 20 Montgomery, on the bill. 21 SENATOR MONTGOMERY: I want to 22 thank Senator Bonacic. I think that I have 23 the idea. 24 And it sounds like at least for 25 Level 3s, which we all agree that's a very

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(518) 371-8910 1 serious level of criminality -- and I would 2 associate it to some extent with mental 3 illness, to tell you the honest truth, the 4 criminally mentally ill, if you will. 5 I think, however, there are some 6 experts, if you will, professionals who are 7 involved in this field, in this area, who -- 8 with whom we have not had any dialogue and 9 discussion vis-a-vis some public hearings, 10 some hearings where we can at least discuss 11 what are the potentials, what are the 12 ramifications, what should we be doing as a 13 legislature along these lines. 14 Clearly, there probably are some 15 instances where lifetime -- requiring 16 electronic monitoring for a period of a 17 lifetime might be necessary. Maybe there are 18 other situations that may not require it. 19 Maybe there are other ways of 20 monitoring other than having an electronic 21 system. And maybe we don't have to spend 22 $10 million on -- just specifically on the 23 electronic monitoring, and I would imagine 24 that's only the beginning. 25 So I really think that it is

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(518) 371-8910 1 important for us to have much more information 2 on just what is needed for these Level 3 3 offenders. I know we've talked a lot about it 4 today. It's -- and everybody wants to do 5 something about it. At least everybody wants 6 to be on record having said something about 7 these sex people. But we do need more 8 information, I think, because we're talking 9 about, essentially, quite a major expense for 10 the state. 11 So, Madam President, I'm going to 12 support this legislation. But I do think that 13 it is a very bad thing for us to continue down 14 this road where we're going to be expending 15 very large sums of money and we really don't 16 know what we're talking about at this point in 17 time. So we may be spending good money after 18 bad people for no good reason, necessarily, or 19 not to get the outcome that we want. 20 So I'll be voting yes. Thank you. 21 ACTING PRESIDENT LITTLE: Thank 22 you, Senator Montgomery. 23 Senator Onorato. 24 SENATOR ONORATO: Madam 25 President, will the sponsor yield for a

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(518) 371-8910 1 question? 2 ACTING PRESIDENT LITTLE: Senator 3 Bonacic, do you yield? 4 SENATOR BONACIC: Yes. 5 ACTING PRESIDENT LITTLE: The 6 Senator yields. 7 SENATOR ONORATO: Senator 8 Bonacic, I certainly intend to support this 9 bill, as I have in the past. 10 I just have one concern. You 11 mentioned the fact that the individual wearing 12 the monitor is allowed to remove it while he's 13 at home. 14 SENATOR BONACIC: Yes. 15 SENATOR ONORATO: What safeguards 16 do we have if he takes the monitor off at home 17 and goes out the door without the monitor, 18 back into the neighborhood? 19 SENATOR BONACIC: Well, when you 20 say what safeguards do we have, we don't -- 21 you mean if he walks out, he's -- you're 22 asking the same question if he takes it off 23 during the day. 24 In other words, there will be a 25 pattern, for the sake of discussion, of when

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(518) 371-8910 1 they go home. Let's say they leave normally 2 at 9:00 in the morning. I'm just trying to 3 give you a common-sense explanation. If there 4 is no communication or no signal from that 5 house, say, within 24 hours or 30 hours, that 6 probation officer could then -- a red light 7 would go off, and maybe he'd start making a 8 phone call or he would start maybe making a 9 visit to that home to see if he's there. 10 That's the only answer I could give 11 you. There's no perfect guarantee of 12 anything. This GPS is not a substitute for 13 tougher criminal penalties. It's not a 14 substitute for civil confinement. It's not a 15 substitute for more parole officers. It's the 16 latest technology to help parole officers 17 monitor, as best they can, Level 3 sex 18 offenders. 19 SENATOR ONORATO: Thank you. 20 ACTING PRESIDENT LITTLE: Senator 21 Duane. 22 SENATOR DUANE: Thank you, Madam 23 President. If the sponsor would yield. 24 ACTING PRESIDENT LITTLE: Thank 25 you.

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(518) 371-8910 1 Senator Bonacic -- 2 SENATOR BONACIC: Yes, I do. 3 ACTING PRESIDENT LITTLE: Senator 4 Bonacic yields. 5 SENATOR DUANE: I am aware that 6 there have been hearings around the state on 7 Megan's Law under the leadership of the 8 chairman, Senator Nozzolio. But I'm wondering 9 if this specific piece of legislation was the 10 subject of any of those hearings or included 11 in those hearings. 12 SENATOR BONACIC: As I understand 13 it, the GPS Level 3 electric -- electronic 14 monitoring was part of the omnibus bill and 15 part of the public hearings. 16 SENATOR DUANE: And through you, 17 Madam President, if the sponsor would continue 18 to yield. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Bonacic, do you continue to 22 yield? 23 SENATOR BONACIC: Yes, I do. 24 ACTING PRESIDENT LITTLE: The 25 Senator yields.

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(518) 371-8910 1 SENATOR DUANE: Is there an 2 Assembly sponsor of this specific piece of 3 legislation at this time? 4 SENATOR BONACIC: The answer is 5 yes. Assemblyman David Koon and I have 6 similar bills, of which there are 28 majority 7 Assembly sponsors in that house. The same 8 David Koon who lost a 19-year-old daughter who 9 was molested and murdered. 10 SENATOR DUANE: Through you, 11 Madam President, if the sponsor would continue 12 to yield. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator Bonacic, do you continue to 16 yield? 17 SENATOR BONACIC: Yes. 18 ACTING PRESIDENT LITTLE: The 19 Senator yields. 20 SENATOR DUANE: Thank you, Madam 21 President. 22 And I am aware of that tragedy 23 within Assembly Member Koon's family, and he 24 had my greatest sympathy for it. 25 I noted, however, that the sponsor

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(518) 371-8910 1 said that the bills were similar. And I just 2 want to clarify, does that mean that they're 3 not same-as or exactly the same at this time? 4 SENATOR BONACIC: Yes. 5 Assemblyman Koon took our first bill on GPS 6 and adopted it identically. 7 We've tried to make our bill more 8 specific with the Division of Criminal Justice 9 Services, and on a very specific procedure -- 10 on passive GPS, active GPS, and contracting it 11 out to low-bid companies that are involved in 12 this business. 13 At this time, Assemblyman Koon and 14 I are working on the detailed language. And 15 so our amended version is not exactly the same 16 as the first version, which he embraced a 17 hundred percent. But that's technical 18 language that we are working out, and we 19 expect to have the same-as bill with 20 Assemblyman Koon by tomorrow. 21 SENATOR DUANE: And through you, 22 Madam President, if the sponsor would continue 23 to yield. 24 ACTING PRESIDENT LITTLE: Senator 25 Bonacic, do you continue to yield?

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(518) 371-8910 1 SENATOR BONACIC: Excuse me, 2 Senator. I'm told by my counsel as of two 3 hours ago we now have reached agreement with 4 Assemblyman Koon on the language. 5 So the answer is we now have a 6 same-as bill. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 And do you continue to yield? 10 SENATOR BONACIC: I do. 11 ACTING PRESIDENT LITTLE: Thank 12 you. 13 The Senator yields. 14 SENATOR DUANE: Through you, 15 Madam President, I was just wondering if the 16 sponsor just had anything else to say on that 17 matter. 18 SENATOR BONACIC: I'm sorry, 19 Senator, I didn't hear the last question. 20 SENATOR DUANE: I just felt as if 21 you were going to make one final comment on 22 it, and I was going to wait to see -- I might 23 not have a question if that was the case. 24 SENATOR BONACIC: I'm ready for 25 your next question, if you have one.

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(518) 371-8910 1 SENATOR DUANE: Well, what I'm 2 trying to get at, through you, Madam 3 President, is whether or not there will be -- 4 and I know that the sponsor doesn't have a 5 crystal ball about this, but I'm wondering if 6 we might see yet another version of this 7 legislation in this house or if he thinks this 8 is the end and this is the final bill. 9 ACTING PRESIDENT LITTLE: Senator 10 Bonacic? 11 SENATOR BONACIC: Yes, as far as 12 the Senate is concerned, at this time the bill 13 on GPS with Assemblyman Koon is the bill we 14 want to see go forward. 15 In the other house, the Speaker 16 speaks of a bill carried by another Assembly 17 member that talks about GPS that would only 18 have Level 3 GPS monitoring of those people 19 who have committed a crime against children 20 16 years or younger and leaves vulnerable no 21 GPS monitoring of a woman 17 years old and 22 older. 23 I don't know, you know. Which bill 24 will go forward. I -- furthermore, I spoke to 25 the minority leader, Assemblyman Nesbitt, and

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(518) 371-8910 1 I believe his entire conference supports the 2 Koon bill. 3 So we believe that there is the 4 necessary votes in the Assembly to pass that 5 bill if Sheldon Silver allows it to come to 6 the floor. 7 SENATOR DUANE: Thank you, Madam 8 President. I just have one final question, if 9 the sponsor would continue to yield for it. 10 ACTING PRESIDENT LITTLE: Thank 11 you. 12 Senator Bonacic, do you continue to 13 yield? 14 SENATOR BONACIC: I do. 15 ACTING PRESIDENT LITTLE: The 16 Senator yields. 17 SENATOR DUANE: And I have to 18 acknowledge I think I used to know the answer 19 to this question, but now I'm unsure whether I 20 know the question. 21 Is there a mechanism by which a 22 Level 3 offender can have their level reduced 23 to Level 2? Or is it, under present law, that 24 a Level 3 offender always keeps that Level 3 25 status?

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(518) 371-8910 1 SENATOR BONACIC: Senator, under 2 Megan's Law now, there is a petition to change 3 your level. 4 Under our bill, there also is a 5 petition process for a Level 3 sex offender to 6 have his day in court. At least once a year, 7 that they can bring that petition to ask a 8 judge to reduce their level from 3 to a lower 9 level. 10 SENATOR DUANE: Thank you, Madam 11 President. Thank you. 12 ACTING PRESIDENT LITTLE: Is 13 there any other Senator who wishes to be 14 heard? 15 The debate is closed. 16 The Secretary will ring the bell. 17 Read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 120th day. 20 ACTING PRESIDENT LITTLE: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT LITTLE: Senator 24 Bonacic, to explain his vote. 25 SENATOR BONACIC: I wanted to

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(518) 371-8910 1 give a further explanation to Senator 2 Onorato's question about when a Level 3 sexual 3 predator was at home. 4 The ankle bracelet has to stay on 5 at all times. It's the transmitter that he 6 can take off. And if he goes 150 feet away 7 from that transmitter, then an alarm would go 8 off. 9 So anywhere in his house or 10 150 feet from that transmitter, if he leaves 11 the house and walks beyond 150 feet of it, 12 they will know immediately, and he will have 13 been in violation. 14 Thank you, Madam President. 15 ACTING PRESIDENT LITTLE: And, 16 Senator Bonacic, how do you vote? 17 SENATOR BONACIC: I vote in the 18 affirmative. 19 ACTING PRESIDENT LITTLE: Senator 20 Bonacic will be recorded in the affirmative. 21 The Secretary will announce the 22 results. 23 THE SECRETARY: In relation to 24 Calendar Number 1257: Ayes, 58. 25 Those Senators absent from voting:

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(518) 371-8910 1 Senators Gonzalez, Nozzolio and Parker. 2 ACTING PRESIDENT LITTLE: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1503, by Member of the Assembly Abbate, 6 Assembly Print Number 7021, an act to amend 7 the Retirement and Social Security Law. 8 ACTING PRESIDENT LITTLE: Senator 9 Duane. 10 SENATOR DUANE: Thank you, Madam 11 President. I'm wondering if the sponsor would 12 yield for a question. 13 ACTING PRESIDENT LITTLE: Senator 14 Padavan, will you yield for a question? 15 SENATOR PADAVAN: Yes. 16 ACTING PRESIDENT LITTLE: The 17 Senator yields. 18 SENATOR DUANE: Thank you, Madam 19 President. I'm going to have the courage to 20 be confused as I ask these questions. 21 I was reviewing the Governor's veto 22 message of this bill, as well as a bill that 23 Senator Velella had brought to the floor in 24 2003 similar to the one that came before this 25 body in 2004. And in 2003, I notice that the

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(518) 371-8910 1 Governor didn't raise an issue, but in 2004 2 the Governor did raise an issue which is of 3 concern, and I'm wondering if the sponsor 4 could clarify. 5 The Governor was concerned that the 6 bill appeared to grant hepatitis, HIV and 7 tuberculosis presumption to Tier 4 peace 8 officers. And I was hoping that the sponsor 9 could address the Governor's concerns that he 10 raised in his veto message. 11 SENATOR PADAVAN: Yes, I can. 12 And in response to the Governor's 13 concern, we changed the section of law that 14 we're amending where we're adding these 15 particular categories of individuals. So this 16 presumption that you just articulated would no 17 longer exist. 18 SENATOR DUANE: Through you, 19 Madam President, if the sponsor would continue 20 to yield. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 Senator Padavan, do you continue to 24 yield? 25 SENATOR PADAVAN: Yes.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: Senator 2 Padavan yields. 3 SENATOR DUANE: If the sponsor 4 would just indulge me and just tell me where 5 it is in the legislation, in the language of 6 the -- 7 SENATOR PADAVAN: It's not in the 8 language, it's in the section of law. We're 9 amending Section 605(D), which is different 10 than that in the prior legislation that was 11 vetoed. 12 And in this section there is a 13 specific methodology, if you will, used when, 14 as an example, today a paramedic or a 15 firefighter or a police officer or a 16 correction officer applies for a disability 17 based on an injury that he or she experienced 18 on the job. 19 So that section of law is now 20 applicable, would be applicable to these other 21 categories, such as individuals who are people 22 who give out traffic tickets or work as 23 security guards at our City University or at 24 our schools, where they too might be injured 25 in a similar fashion in the conduct of their

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(518) 371-8910 1 employment, and then be able to apply for 2 disability insurance -- disability coverage, 3 rather. 4 SENATOR DUANE: Through you, 5 Madam President, if the sponsor would continue 6 to yield. 7 ACTING PRESIDENT LITTLE: Thank 8 you. 9 Senator Padavan, do you continue to 10 yield? 11 SENATOR PADAVAN: Yes. 12 ACTING PRESIDENT LITTLE: The 13 Senator yields. 14 SENATOR DUANE: Just for 15 clarification, we're talking about Section -- 16 oh, I see, we're talking about Section 608, 17 not 605. Is that correct? 18 SENATOR PADAVAN: This bill 19 amends Section 605(D), accidental disability 20 retirement. 21 SENATOR DUANE: Then through you, 22 Madam President, if the sponsor would continue 23 to yield. 24 SENATOR PADAVAN: Yes. 25 ACTING PRESIDENT LITTLE: The

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(518) 371-8910 1 sponsor yields. 2 SENATOR DUANE: When I look at 3 Section 605 of the Retirement and Social 4 Security Law, under Section D, as I read it, I 5 could be wrong, but it just -- it says that -- 6 this part of the law speaks to that a person 7 has to, at the time that they retire, that 8 they are -- it's for the reason that they are 9 too ill or too physically unable to work, and 10 doesn't particularly address the issue of how 11 it is that they became disabled. 12 In other words, it's just at the 13 moment when they say, I can no longer work, at 14 the moment that the agency says this person is 15 in longer able to work, that's all this 16 section of the Retirement and Social Security 17 Law is looking at. 18 And so what I'm concerned about is 19 that the presumption that the physical health 20 problem is presumed to have happened on the 21 job. There is no way that you could go back 22 and prove that an incident happened that would 23 cause that employee to be disabled. 24 SENATOR PADAVAN: Is that a 25 question, Senator? Well, let me respond then.

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(518) 371-8910 1 In the body of the bill it says 2 very specifically, listing the individuals 3 that I mentioned earlier, "who becomes 4 physically or mentally incapacitated for the 5 performance of duties as the natural and 6 proximate result of an accident sustained in 7 the performance of his or her duties, not 8 caused by his or her willful negligence, 9 sustained in such service," and on and on it 10 goes. 11 It has been to be an accident, an 12 incident during the time of employment that 13 the individual didn't wilfully cause, and as a 14 direct result of employment. That's the 15 specific language in this section we are 16 amending. 17 So this is not a presumption that 18 after the fact, they're working for 20 years 19 and now they're going to retire and they say, 20 Hey, by the way, I've got a disability and I 21 want to enhance my pension. This has to be 22 reported, documented and dealt with at the 23 time it occurs. 24 ACTING PRESIDENT LITTLE: Senator 25 Duane.

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(518) 371-8910 1 SENATOR DUANE: And through you, 2 Madam President, if the sponsor would continue 3 to yield. 4 ACTING PRESIDENT LITTLE: Senator 5 Padavan, do you continue to yield? 6 SENATOR PADAVAN: Yes. 7 ACTING PRESIDENT LITTLE: The 8 Senator yields. 9 SENATOR DUANE: I'm still trying 10 to find where it is that the employee makes 11 the report that an incident happened on the 12 job. 13 And so I was hoping that the 14 sponsor could tell me where that specific 15 reporting requirement is, because I don't see 16 it in the -- 17 SENATOR PADAVAN: Well, Senator, 18 if the bill says -- if the law we're trying to 19 adopt here, the bill we're trying to adopt 20 here becomes law, the bill says it has to be 21 an accident that occurred while you were in 22 the course of your duties. 23 Now, the only way that could ever 24 be used is if it was reported. You just can't 25 say, 10 years, 20 years later, by the way,

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(518) 371-8910 1 when I was giving that guy a traffic ticket 2 for parking illegally, he hit me over the head 3 and now I've got some kind of mental 4 disability. 5 The first question is who, what, 6 when, and where. That has to be reported, a 7 matter of record. Otherwise, you're not going 8 to get anywhere with your application. 9 SENATOR DUANE: And through you, 10 Madam President, and I don't -- I ask this 11 with the utmost respect, where would I, as a 12 citizen, find that report? 13 ACTING PRESIDENT LITTLE: Senator 14 Padavan, could you answer the question? 15 SENATOR PADAVAN: What's that? I 16 didn't quite understand you. 17 SENATOR DUANE: Where would I, as 18 a citizen, or anyone here -- 19 ACTING PRESIDENT LITTLE: The 20 speakers can't hear. 21 SENATOR PADAVAN: I think I 22 understand the question. 23 SENATOR DUANE: -- find that 24 report? 25 SENATOR PADAVAN: A disability

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(518) 371-8910 1 pension is not something that's given out 2 willy-nilly. Local government has to pay for 3 this. There's a cost associated with it. 4 There's an investigation, an inquiry, a 5 process, irrespective of this legislation, in 6 any case where a disability pension is being 7 applied for. 8 And here we're very specific that 9 it has to be a disability, again, I say, 10 caused in the performance of your duties and 11 not one that you precipitated. 12 So that has to be a matter of 13 record in order to claim disability under the 14 provision of this bill. 15 SENATOR DUANE: Through you, 16 Madam President, if the sponsor would yield. 17 ACTING PRESIDENT LITTLE: Thank 18 you. 19 Senator Padavan, will you continue 20 to yield? 21 SENATOR PADAVAN: One more. 22 ACTING PRESIDENT LITTLE: The 23 Senator will yield for one more question. 24 SENATOR PADAVAN: One more. 25 SENATOR DUANE: Where do I find

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(518) 371-8910 1 the record? 2 SENATOR PADAVAN: The Office of 3 Disability Retirement has these files, and 4 that's where the records are kept. That's 5 where you would find them. Where else would 6 they be? 7 SENATOR DUANE: On the bill, 8 Madam President. 9 ACTING PRESIDENT LITTLE: Thank 10 you. 11 Senator Duane, on the bill. 12 SENATOR DUANE: The primary 13 concern I have about the bill is that it 14 appears that if a person is not planning on 15 retiring at the moment that something happens 16 to them, then they would not make a report of 17 whatever incident that is that ultimately 18 might lead them to retire sooner than they 19 would want to, but that the person would not 20 think to report that to this retirement board. 21 And that they would only be able to 22 make at that report at the time that they're 23 retiring. And to say something happened a 24 month ago, you know, a year ago, five years 25 ago -- and yet at the point that they're

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(518) 371-8910 1 retiring because they're too ill to continue 2 to work, there isn't a requirement that a 3 report be made at the time that the incident 4 happened. 5 And in the past I had had concerns 6 about presumptions particularly around the 7 issue of exposure to HIV and AIDS. And that a 8 person could say, because they had to retire 9 because they had AIDS, that somewhere in the 10 past or sometime in the past, because of some 11 incident that was not reported anywhere, that 12 there was no record of the incident happening, 13 it would still be presumed that something must 14 have happened to cause them to be infected 15 with HIV and then ultimately to come down with 16 full-blown AIDS. 17 And I want to make as clear as 18 possible that I would never, ever do anything 19 that would negatively impact the ability of a 20 person who is disabled because of AIDS -- or 21 for anything, for that matter -- to not be 22 able to retire with a pension of some high 23 level of what their salary would be or of what 24 their pension would be. I would want them to 25 get that. I would want them to get full

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(518) 371-8910 1 benefits. 2 What I'm concerned about still is 3 the presumption, as the Governor talked about 4 in his veto, that it could be presumed that 5 the person contracted, for instance, HIV on 6 the job and yet there would be no report of an 7 incident having happened. 8 And I'm further concerned that we 9 not allow the message to go out there that you 10 could contract HIV in any kind of casual way. 11 And I've spoken on the floor about the very 12 specific ways which HIV could be contracted, 13 and they are the only ways that HIV can be 14 contracted -- sharing needles, unprotected 15 sex, breast-feeding, or a blood transfusion. 16 But because there is no way to say 17 that, for instance, you know, someone was 18 stuck with a needle, you know, when they were 19 inspecting a cab or whatever it might be, or a 20 security officer that was going through 21 someone's briefcase or pocketbook or something 22 like that, it seems to me that you would want 23 to make sure that that person had to make a 24 report that that happened to their supervisor, 25 to their union, to someplace.

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(518) 371-8910 1 And, you know, I authored, when I 2 was in the city, a bill which mandated that 3 people who were disabled by AIDS got a certain 4 level of benefits and they were able to 5 receive those benefits in a prescribed length 6 of time. And so of course I would want people 7 with AIDS who were unable to work to get the 8 full level of benefits to which they're 9 entitled -- in fact, enhanced benefits -- and 10 in a timely manner. 11 So I want to make sure that 12 hard-working people who are injured on the job 13 get as close to their full salary as they 14 possibly can because of what happened to them 15 on their job. But I'm conflicted because I 16 still think -- and even though, you know, in 17 the past I've voted against bills which had 18 language which I found much more 19 objectionable, this bill is more or less 20 silent on the language that I found 21 objectionable, and yet the Governor in his 22 veto message raised the same issue which I've 23 been concerned about all along. 24 And so what I'd like to do, and 25 what I actually did with former Senator

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(518) 371-8910 1 Velella when he was here, is to try to work 2 with the sponsor of this legislation and other 3 similar legislation to try to find language 4 which actually would have a reporting 5 requirement in it to ensure that a bad public 6 health message that you could get HIV by just 7 casual contact is not in any way on the record 8 anywhere in the State of New York, and at the 9 same time make sure that workers get the 10 protection that they're entitled to when they 11 are injured on the job. 12 So I'm going to vote no on this. 13 I'm assuming the Governor will veto this bill 14 again. If that does happen, I would like to 15 continue to work with sponsors of this 16 legislation and similar legislation to craft 17 language which has a reporting requirement in 18 it. 19 Thank you, Madam President. I'll 20 be voting no. 21 ACTING PRESIDENT LITTLE: Thank 22 you, Senator Duane. 23 Senator Connor. 24 SENATOR CONNOR: Thank you, Madam 25 President.

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(518) 371-8910 1 I've followed this debate as 2 carefully as I could. And as I read it -- and 3 I know the concern in the past which I shared 4 with Senator Duane was that some sort of 5 presumption was in there. But I think the 6 dispute here is over what's not in the bill 7 but what is already in the law. 8 To get a disability pension or a 9 line-of-duty injury or job-related disability, 10 the claimant has to prove their case. Now, 11 not beyond a reasonable doubt, but there are 12 review boards, you have to demonstrate that 13 your disability was job-related. 14 And I would object to saying that 15 there's a magic report that would have had to 16 have been filed way back when, only because, 17 you know, a report could get lost. It also 18 becomes like a lawyer's trick: Aha, you 19 didn't file the report within 30 days, 20 therefore forget about it, even though you 21 have six other pieces of evidence. 22 For example -- and all workers know 23 this. On my first job at 17, I remember they 24 give you the rules. And one of the rules 25 is -- they had a sign in the locker room, this

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(518) 371-8910 1 was a factory, "Report All Injuries." Report 2 all injuries. Workers are told that, report 3 all on-the-job injuries the same day. 4 People who work for a living know 5 that they get hurt on the job, they're 6 supposed to report it. Not just because later 7 on they may be disabled, but because of 8 workers' compensation issues, insurance claim 9 issues, medical treatment and who pays for it. 10 Workers report injuries on the job. 11 So that if you didn't report it to 12 the employer, there are other ways to prove 13 that you incurred an injury on the job five 14 years ago. If you sought medical treatment, 15 there will be medical records, there will be a 16 doctor's evaluation, there will be your 17 account five years ago, what you told the 18 doctor. You know, gee, I was -- you know, my 19 job was cleaning out the cab and I didn't see 20 it, there was a hypodermic needle, I got 21 stabbed. I'm worried; do I have something? 22 People aren't going to be casual 23 about those kinds of injuries. You know, I 24 got cut, I was in an accident, other people 25 were injured, blood was all over the place.

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(518) 371-8910 1 It's going to get reported in one 2 way or another. It may not be reported -- or 3 there may not be a record at the time they 4 apply for the disability pension, a record in 5 the employer's employee personnel file, for 6 whatever reason, on the right form. But there 7 may be other ways that the worker can 8 demonstrate that they did actually incur a job 9 related thing. As I pointed out, there may be 10 a police report because it was an accident 11 outside the workplace but driving the 12 employer's vehicle. Who knows? There's a lot 13 of ways. 14 But generally the employee will 15 have to demonstrate some occurrence that then 16 medical reports can relate to the later 17 disability. 18 So I am no longer as concerned as I 19 was before. I don't see any presumption in 20 this. I see that it's a straightforward -- if 21 you can show, when you're retiring, that 22 you're disabled because of HIV, AIDS and you 23 have proof that something that happened to you 24 work-related caused that, then you get the 25 pension.

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(518) 371-8910 1 Otherwise, there's no presumption 2 that just because you have HIV that it had to 3 do with your job. As Senator Duane has 4 reminded us in past year's debates, as well as 5 today, that that kind of presumption is 6 frankly -- there's no basis for it in 7 scientific or medical evidence, it's just a 8 fright thing. You know, casual contact of 9 whatever sort with persons who are HIV isn't 10 going to cause any kind of worker or public 11 servant to have HIV. 12 So I am voting this year in favor 13 of this bill because I think the sponsor has 14 removed that section and has dealt with the 15 issue in an appropriate way. 16 ACTING PRESIDENT LITTLE: Thank 17 you, Senator Connor. 18 Is there any other Senator wishing 19 to be heard? 20 The debate is closed. 21 The Secretary will ring the bell. 22 Read the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT LITTLE: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT LITTLE: The 4 Secretary will announce the results. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 1503: Senator 7 Duane. 8 Those Senators absent from voting: 9 Gonzalez and L. Krueger. 10 Ayes, 58. Nays, 1. 11 ACTING PRESIDENT LITTLE: The 12 bill is passed. 13 Senator Alesi, that completes the 14 controversial reading of the supplemental 15 calendar. 16 SENATOR ALESI: Thank you, Madam 17 President. 18 Would you be kind enough to 19 recognize Senator Nozzolio at this time. 20 ACTING PRESIDENT LITTLE: Senator 21 Nozzolio. 22 SENATOR NOZZOLIO: Thank you, 23 Senator Alesi. Thank you, Madam President. 24 I wish the record to reflect my 25 affirmative support for Calendar Number 1257

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(518) 371-8910 1 and Calendar Number 1485. 2 ACTING PRESIDENT LITTLE: The 3 record will so reflect, Senator Nozzolio. 4 Senator Alesi. 5 SENATOR ALESI: Madam President, 6 there will be an immediate meeting of the 7 Rules Committee, and after the Rules Committee 8 report is accepted, there will be a Majority 9 conference. 10 Madam President, may we at this 11 time return to motions and resolutions. 12 ACTING PRESIDENT LITTLE: Motions 13 and resolutions. 14 Senator Robach. 15 SENATOR ROBACH: Yes, Madam 16 President, amendments are offered to the 17 following Third Reading Calendar bills: 18 Senator Marcellino, page 23, 19 Calendar 706, Senate Print Number 4471; 20 Senator Morahan, page 28, Calendar 21 801, Senate Print 4775; 22 Senator Flanagan, page 43, Calendar 23 1131, Senate Print Number 5109; 24 And Senator Wright, page 56, 25 Calendar 1428, Senate Print 5532.

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(518) 371-8910 1 Madam President, I now move that 2 these bills retain their place on the order of 3 third reading. 4 ACTING PRESIDENT LITTLE: The 5 amendments are received, and the bills will 6 retain their place on third reading. 7 Senator Farley. 8 SENATOR FARLEY: Thank you, Madam 9 President. 10 I wish to call up my bill, Print 11 Number 4388, which was recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT LITTLE: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 837, by Senator Farley, Senate Print 4388, an 17 act to amend Chapter 223 of the Laws of 1996. 18 SENATOR FARLEY: I now move to 19 reconsider the vote by which this bill passed. 20 ACTING PRESIDENT LITTLE: The 21 Secretary will call the roll on 22 reconsideration of the vote. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 61. 25 SENATOR FARLEY: I now offer the

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(518) 371-8910 1 following amendments. 2 ACTING PRESIDENT LITTLE: The 3 amendments are received. 4 SENATOR FARLEY: Madam President, 5 on behalf of Senator Hannon, I wish to call up 6 Calendar Number 876, Assembly Print 8105. 7 ACTING PRESIDENT LITTLE: The 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 876, by Member of the Assembly Eddington, 11 Assembly Print Number 8105, an act to amend 12 the Public Health Law. 13 SENATOR FARLEY: I now move to 14 reconsider the vote by which this Assembly 15 bill was substituted for Senator Hannon's 16 bill, Senate Print 4331, on 6/1/05. 17 ACTING PRESIDENT LITTLE: The 18 Secretary will call the roll on 19 reconsideration of the vote. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 61. 22 SENATOR FARLEY: I now move that 23 Assembly Bill 8105 be committed to the 24 Committee on Rules, and Senator Hannon's 25 Senate bill be restored to the order of Third

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(518) 371-8910 1 Reading Calendar. 2 ACTING PRESIDENT LITTLE: So 3 ordered. 4 SENATOR FARLEY: And I now offer 5 the following amendments to Senator Hannon's 6 bill. 7 ACTING PRESIDENT LITTLE: The 8 amendments are received. 9 SENATOR SEWARD: Madam President. 10 ACTING PRESIDENT LITTLE: Senator 11 Seward. 12 SENATOR SEWARD: Yes, I wish to 13 call up Senator Volker's bill, Print Number 14 1219, recalled from the Assembly, which is now 15 at the desk. 16 ACTING PRESIDENT LITTLE: The 17 Secretary will read. 18 THE SECRETARY: Calendar Number 19 731, by Senator Volker, Senate Print 1219, an 20 act to amend the Vehicle and Traffic Law. 21 SENATOR SEWARD: Madam President, 22 I now move to reconsider the vote by which 23 this bill was passed. 24 ACTING PRESIDENT LITTLE: Call 25 the roll on reconsideration of the vote.

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(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 61. 3 ACTING PRESIDENT LITTLE: Senator 4 Seward. 5 SENATOR SEWARD: Madam President, 6 I now offer the following amendments to this 7 bill. 8 ACTING PRESIDENT LITTLE: The 9 amendments are received. 10 Senator Alesi. 11 SENATOR ALESI: Thank you, Madam 12 President. May we stand at ease pending the 13 report from the Rules Committee. 14 ACTING PRESIDENT LITTLE: The 15 Senate stands at ease. 16 (Whereupon, the Senate stood at 17 ease at 5:05 p.m.) 18 (Whereupon, the Senate reconvened 19 at 5:15 p.m.) 20 ACTING PRESIDENT LITTLE: Senator 21 Alesi. 22 SENATOR ALESI: Thank you, Madam 23 President. May we return to the reports of 24 standing committees. 25 ACTING PRESIDENT LITTLE: Reports

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(518) 371-8910 1 of standing committees. 2 SENATOR ALESI: Yes, I believe 3 there's a report from the Rules Committee at 4 the desk. 5 ACTING PRESIDENT LITTLE: The 6 Secretary will read. 7 THE SECRETARY: Senator Bruno, 8 from the Committee on Rules, reports the 9 following bills: 10 Senate Print 618A, by Senator 11 Bonacic, an act to amend the Executive Law; 12 787, by Senator Fuschillo, an act 13 to amend the Tax Law; 14 2460, by Senator Trunzo, an act to 15 amend the Civil Service Law; 16 2496, by Senator Libous, an act to 17 amend the Tax Law; 18 3044A, by Senator Johnson, an act 19 to amend the Real Property Tax Law; 20 3122, by Senator Breslin, an act to 21 amend the Tax Law; 22 4677A, by Senator Farley, an act to 23 amend the Banking Law; 24 5116, by Senator Spano, an act to 25 amend the Environmental Conservation Law;

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(518) 371-8910 1 5173, by Senator Maziarz, an act to 2 amend Chapter 218 of the Laws of 2004; 3 5180, by the Senate Committee on 4 Rules, an act authorizing; 5 5270, by Senator Johnson, an act to 6 amend the Civil Practice Law and Rules; 7 5272, by the Senate Committee on 8 Rules, an act to amend the Tax Law; 9 5376A, by Senator Larkin, an act to 10 amend the Civil Service Law; 11 5385, by Senator Winner, an act to 12 amend the Tax Law; 13 5393, by Senator Meier, an act to 14 amend the Family Court Act; 15 5435, by Senator Saland, an act to 16 amend the Education Law; 17 5496, by Senator Robach, an act 18 relating to transportation; 19 5501, by Senator Flanagan, an act 20 to amend Chapter 69 of the Laws of 1992; 21 5513, by the Senate Committee on 22 Rules, an act to amend the Education Law; 23 5527, by the Senate Committee on 24 Rules, an act to amend the Education Law; 25 5546, by Senator Spano, an act to

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(518) 371-8910 1 amend the Tax Law; 2 5559, by Senator Morahan, an act to 3 amend the Mental Hygiene Law; 4 5593, by Senator Young, an act in 5 relation; 6 5594, by Senator Balboni, an act to 7 amend the Public Authorities Law; 8 5601, by Senator Young, an act to 9 amend the Highway Law; 10 5605, by Senator Balboni, an act to 11 amend the Penal Law; 12 5609, by Senator Volker, an act to 13 amend the Penal Law; 14 5615, by Senator Larkin, an act to 15 amend the Racing, Pari-Mutuel Wagering and 16 Breeding Law; 17 5616, by Senator Larkin, an act to 18 amend the Domestic Relations Law; 19 5622, by Senator Volker, an act to 20 amend the Penal Law; 21 5627, by Senator Flanagan, an act 22 to amend the State Administrative Procedure 23 Act; 24 5634, by Senator Marcellino, an act 25 to amend the Vehicle and Traffic Law;

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(518) 371-8910 1 5639, by Senator Maziarz, an act to 2 amend the Parks, Recreation and Historic 3 Preservation Law; 4 5641, by Senator Balboni, an act to 5 amend the General Municipal Law; 6 5647, by Senator Johnson, an act to 7 amend the Environmental Conservation Law; 8 5651, by Senator Little, an act to 9 amend the General Municipal Law; 10 5653, by Senator Trunzo, an act to 11 amend the Criminal Procedure Law; 12 5659, by Senator Skelos, an act to 13 amend the Education Law; 14 5669, by Senator Bruno, an act to 15 amend the Real Property Tax Law; 16 And Senate Print 5672, by the 17 Senate Committee on Rules, an act to amend the 18 Administrative Code of the City of New York. 19 All bills ordered direct to third 20 reading. 21 ACTING PRESIDENT LITTLE: Senator 22 Alesi. 23 SENATOR ALESI: Thank you, Madam 24 President. I move to accept the report of the 25 Rules Committee.

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(518) 371-8910 1 ACTING PRESIDENT LITTLE: All in 2 favor of accepting the report of the Rules 3 Committee signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT LITTLE: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT LITTLE: The 9 Rules report is accepted. 10 Senator Alesi. 11 SENATOR ALESI: Madam President, 12 is there any further business before the 13 Senate? 14 ACTING PRESIDENT LITTLE: No, 15 there is not, Senator. 16 SENATOR ALESI: There being no 17 further business to come before the Senate, I 18 move we adjourn until Thursday, June 16th, at 19 11:00 a.m. 20 ACTING PRESIDENT LITTLE: On 21 motion, the Senate stands adjourned until 22 Thursday, June 16th, at 11:00 a.m. 23 (Whereupon, at 5:19 p.m., the 24 Senate adjourned.) 25

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(518) 371-8910