Tuesday, February 28, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 28, 2006 11 3:16 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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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: With us once 10 again this afternoon is the Reverend Peter G. 11 Young to give the invocation. As we all know 12 and respect, he is pastor of Blessed Sacrament 13 Church, in Bolton Landing, New York, as well 14 as a great friend and advisor to the New York 15 State Senate. 16 REVEREND YOUNG: God, by Your 17 love You made a world where we have become 18 neighbors to each other and we are enabled to 19 love one another. Grant that we too may use 20 the Senate to strive toward a way of life in 21 keeping with God's plan. 22 It is with great joy that we 23 welcome our neighbors from the north with our 24 Canadian cold front and low temperatures, and 25 with our New York State hospitality. We are

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(518) 371-8910 1 blessed by their cooperative dedication to 2 assist with their love and friendship to all 3 of our New York State citizens. 4 THE PRESIDENT: Reading of the 5 Journal. 6 THE SECRETARY: In Senate, 7 Monday, February 27, the Senate met pursuant 8 to adjournment. The Journal of Friday, 9 February 24, was read and approved. On 10 motion, Senate adjourned. 11 THE PRESIDENT: Without 12 objection, the Journal stands approved as 13 read. 14 Presentation of petitions. 15 SENATOR SKELOS: Madam President. 16 THE PRESIDENT: Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 if I could interrupt and call an immediate 19 meeting of the Finance Committee in the 20 Majority Conference Room. 21 THE PRESIDENT: There will be an 22 immediate meeting of the Finance Committee in 23 the Majority Conference Room. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Little. 7 SENATOR LITTLE: Thank you, Madam 8 President. 9 Madam President, on page 8 I offer 10 the following amendments to Calendar Number 11 97, Senate Print Number 6417, and ask that 12 said bill return to its place on the Third 13 Reading Calendar. 14 THE PRESIDENT: The amendments 15 are received, and the bill will retain its 16 place on the Third Reading Calendar. 17 SENATOR LITTLE: Thank you. 18 THE PRESIDENT: Senator Duane. 19 SENATOR DUANE: Thank you, Madam 20 President. 21 On behalf of Senator Paterson, I 22 move that the following bill be discharged 23 from is respective committee and be 24 recommitted with instructions to strike the 25 enacting clause: 1571.

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(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR DUANE: Thank you. 3 THE PRESIDENT: Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 I believe there are substitutions to be made 6 at this time. 7 THE PRESIDENT: Yes, there are, 8 Senator. 9 The Secretary will read. 10 THE SECRETARY: On page 11, 11 Senator DeFrancisco moves to discharge, from 12 the Committee on Judiciary, Assembly Bill 13 Number 9455A and substitute it for the 14 identical Senate Bill Number 6315, Third 15 Reading Calendar 164. 16 And on page 23, Senator Meier moves 17 to discharge, from the Committee on Codes, 18 Assembly Bill Number 9835 and substitute it 19 for the identical Senate Bill Number 6621, 20 Third Reading Calendar 320. 21 THE PRESIDENT: Substitutions 22 ordered. 23 Senator Skelos. 24 SENATOR SKELOS: Madam President, 25 if we could adopt the Resolution Calendar,

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(518) 371-8910 1 with the exception of Resolutions 3566 and 2 3691. 3 THE PRESIDENT: All in favor of 4 so adopting the Resolution Calendar please 5 signify by saying aye. 6 (Response of "Aye.") 7 THE PRESIDENT: Opposed, nay. 8 (No response.) 9 THE PRESIDENT: The Resolution 10 Calendar is so adopted. 11 Senator Skelos. 12 SENATOR SKELOS: Madam President, 13 there's a resolution at the desk by Senator 14 Larkin, Number 3566. If we could have the 15 title read and move for its immediate 16 adoption. 17 THE PRESIDENT: The Secretary 18 will read. 19 THE SECRETARY: By Senator 20 Larkin, Legislative Resolution Number 3566 21 commending the United Service Organizations, 22 the USO, upon the occasion of celebrating its 23 65th anniversary. 24 THE PRESIDENT: All in favor of 25 adopting the resolution please signify by

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(518) 371-8910 1 saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The resolution is 6 adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Senator Larkin 9 would like to open up the resolution for 10 sponsorship. If anybody wishes not to sponsor 11 the resolution, they should contact the desk. 12 THE PRESIDENT: Any member who 13 does not wish to cosponsor the last 14 resolution, please notify the desk. 15 Senator Skelos. 16 SENATOR SKELOS: And if we could 17 stand at ease pending the report of the 18 Finance Committee. 19 THE PRESIDENT: The Senate stands 20 at ease. 21 (Whereupon, the Senate stood at 22 ease at 3:21 p.m.) 23 (Whereupon, the Senate reconvened 24 at 3:33 p.m.) 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Skelos. 2 SENATOR SKELOS: Madam President, 3 if we could return to motions and resolutions, 4 there's a Resolution 3691 at the desk, by 5 Senator Maziarz. Could we have it read in its 6 entirety and move for its immediate adoption. 7 ACTING PRESIDENT YOUNG: Could we 8 have some order, please. 9 The Secretary will read the 10 resolution. 11 THE SECRETARY: By Senator 12 Maziarz, Legislative Resolution Number 3691, 13 memorializing Governor George E. Pataki to 14 proclaim February 28, 2006, as Canada Day in 15 the State of New York. 16 "WHEREAS, Canada is New York's 17 primary export market, with $30.2 billion 18 worth of merchandise goods exchanged and 19 almost 23 percent of New York's worldwide 20 exports sold to Canada in 2004; 348,000 21 New York jobs are supported by Canada-U.S. 22 trade; and 23 "WHEREAS, New York and Canada share 24 several important national trade corridors, 25 including the Quebec-New York Corridor, the

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(518) 371-8910 1 Capitol Corridor, and Continental One; in 2 addition, over 21 million vehicles crossed the 3 Canada-New York border at eight major 4 crossings in 2005; and 5 "WHEREAS, Canada and the United 6 States have recognized the critical national 7 significance of New York's border crossings 8 with Canada by investing over $340 million in 9 border infrastructure, including the Port of 10 Excellence under construction at Champlain, 11 New York, a new lane dedicated to 12 FAST-approved trucks at the Lewiston-Queenston 13 Bridge, the designation of the Whirlpool 14 Bridge exclusively for NEXUS travelers, plaza 15 reconfiguration at the Peace Bridge, and 16 announcement of land preclearance pilot 17 projects at both the Peace Bridge and the 18 Thousand Islands Bridge; and 19 "WHEREAS, The New York-Canada 20 partnership boasts the largest bilateral 21 tourism industry in the United States, with an 22 average of 11,343 visits per day accounting 23 for over $1 billion in expenditures in 2004; 24 and 25 "WHEREAS, Approximately 80 percent

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(518) 371-8910 1 of New York's fresh surface water, over 2 700 miles of shoreline, and 40 percent of 3 New York's land expanding over 25 counties are 4 contained in the drainage basins of the Lower 5 Great Lakes waters of Lake Ontario, Lake Erie, 6 the Niagara and St. Lawrence Rivers, all 7 shared with Canada; furthermore, sustaining 8 life, providing recreation, and supporting 9 local and regional economies, the Great Lakes 10 are a true natural legacy to the people of 11 New York and its neighboring provinces in 12 Canada, Ontario and Quebec; and 13 "WHEREAS, Over 19 million 14 New Yorkers depend on Canada and its vast 15 energy reserves to fuel our state, importing 16 over $6.2 billion worth of energy from Canada 17 last year, including natural gas, petroleum 18 and electricity; and 19 "WHEREAS, There was a healthy and 20 balanced trade in agriculture and food 21 products between Canada and New York State of 22 well over $1.6 billion last year; and 23 "WHEREAS, Academic institutions in 24 both Canada and New York are actively engaged 25 in a number of linkages and partnerships,

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(518) 371-8910 1 including exchange programs and joint degrees; 2 and 3 "WHEREAS, Both Canada and New York 4 State are also engaged in a number of 5 partnerships in various fields of innovative 6 technology which are laying the foundations 7 for our economic futures and mutual benefit; 8 and 9 "WHEREAS, Canada and New York share 10 many more deep economic, historical, cultural 11 and familial ties; now, therefore, be it 12 "RESOLVED, That this Legislative 13 Body pause in its deliberations to memorialize 14 Governor George E. Pataki to proclaim 15 February 28, 2006, as Canada Day in the State 16 of New York; and be it further 17 "RESOLVED, That copies of this 18 resolution, suitably engrossed, be transmitted 19 to The Honorable George E. Pataki, Governor of 20 the State of New York, and to the Canadian 21 Consulate Generals in Buffalo and New York 22 City." 23 ACTING PRESIDENT YOUNG: At this 24 time I recognize Senator Maziarz. 25 SENATOR MAZIARZ: Thank you very

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(518) 371-8910 1 much, Madam President. 2 It's an honor for me to rise in 3 support of this resolution and ask that any of 4 my colleagues who want to sign on are 5 certainly welcome to do so. 6 As was pointed out in this 7 resolution, Madam President, the country of 8 Canada, where I have been privileged to live 9 on the border my entire life, is a great 10 friend of the United States of America and, 11 equally important, a great friend of the State 12 of New York. 13 In the resolution we talk about 14 trade and the value of our friendship and 15 education opportunities that are afforded in 16 Canada and United States for citizens of both 17 of our countries. But really, it's that 18 friendship going back hundreds of years 19 between our two countries that has existed and 20 will exist forever. 21 We are honored today to have Pamela 22 Wallin, the General Consul of Canada for 23 New York City, and Stephen Brereton, the 24 General Consul of Canada for Buffalo. And we 25 are also joined by Corporal Pat Simpson.

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(518) 371-8910 1 Thank you for being here today. 2 (Applause.) 3 SENATOR MAZIARZ: Thank you for 4 being here today, and thank you for being such 5 a great friend to the State of New York. 6 Thank you. 7 Thank you, Madam President. 8 ACTING PRESIDENT YOUNG: Senator 9 Wright. 10 SENATOR WRIGHT: Thank you, Madam 11 President. 12 I quickly join, rise to join my 13 colleague Senator Maziarz and want to 14 recognize his recognition of our friends from 15 our northern neighbor. 16 My district, of course, also 17 borders Canada, and there's a great deal of 18 traffic back and forth on the Thousand Islands 19 International Bridge, and in fact it is the 20 only international authority that has a local 21 government, Jefferson County, partnered with a 22 nation, Canada. 23 So there are some unique 24 relationships between ourselves and Canada, 25 not to mention numerous Canadian citizens over

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(518) 371-8910 1 the years who have settled, married, located 2 in our region of the state and are good, 3 productive members of our communities. 4 And that's why it's so important 5 that we speak out on the issue of homeland 6 security and identification as we go across 7 our borders. I know my colleague Senator 8 Balboni just last week was in Washington 9 speaking to that issue of homeland security 10 and our concerns about federal imposition of 11 passport standards or identification standards 12 that are unnecessary and inappropriate. 13 None of us want to compromise the 14 security of our borders, and we believe that 15 our Canadian friends feel equally as strong on 16 that same issue. But to impose this kind of 17 burden and expense upon family members that 18 for literally centuries have traveled back and 19 forth over this border to share holidays, to 20 share the commonality of our two nations is, I 21 feel, strongly inappropriate. 22 And we need to make sure that we 23 share that concern as two nations, that we 24 focus on the ability to provide appropriate 25 security but at the same time make sure that

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(518) 371-8910 1 our government hears that imposing passports 2 and the costs involved with that are totally 3 inappropriate. 4 So I'm very glad to see our 5 Canadian friends here, I'm glad to see they're 6 nodding agreement with me, and look forward to 7 their return visit. 8 Thank you very much. 9 ACTING PRESIDENT YOUNG: Thank 10 you, Senator Wright. 11 Senator Balboni. 12 SENATOR BALBONI: Thank you, 13 Madam President. 14 I rise to welcome the Canadians. 15 You're always here, though, so it kind of 16 feels funny to welcome you. 17 I have enjoyed many aspects of the 18 chairmanship of the Committee on Homeland 19 Security, but one of the highlights has been 20 the development of my relationship with the 21 Canadian government. 22 Particularly Pamela Wallin, you 23 have been such a terrific hostess every time. 24 You have brought either John Manley, from the 25 city, or all the different issues -- whether

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(518) 371-8910 1 it was Washington, D.C. -- we've had such a 2 great dialogue and discussion. 3 And as Senator Wright and Senator 4 Volker and Senator Little and all of the 5 Senators and yourself, Madam President, 6 understand that our vitality as a nation is 7 linked with Canada's. As much as we might 8 want to just talk about, you know, we being 9 our own island, we are not. And it is through 10 partnerships with your nation that we will be 11 stronger and safer, as you will be also. 12 And it's something that I think is 13 so great for this Legislature to acknowledge, 14 to receive you, to work together and to 15 constantly remind ourselves that neighbors, 16 good neighbors are the best defense in any 17 society. And also cultural enrichment. 18 So I'd like to welcome you today. 19 I apologize, I will not be at Canada Night. 20 I'm leaving momentarily for Washington, D.C., 21 to meet with the White House tomorrow morning 22 to again stress the fact that requiring 23 New Yorkers or, frankly, U.S. citizens to 24 spend more money, spend more money to go 25 across the border, when they have this whole

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(518) 371-8910 1 new program on Real ID that should suffice, is 2 not the way we should be going. 3 So I look forward to meeting with 4 you again and working with you in the future. 5 And thanks so much for joining us. 6 Thank you, Madam President. 7 ACTING PRESIDENT YOUNG: Thank 8 you, Senator Balboni. 9 Senator Volker. 10 SENATOR VOLKER: Madam President, 11 I want to welcome the Canadian delegation here 12 also. 13 You just heard from the new breed 14 of New Yorker, Mike Balboni, who is on his way 15 to Washington. It took me years before I got 16 to the White House, and he's been here just a 17 couple of years and he gets to the White 18 House. 19 But anyways, let me just say -- 20 (Laughter.) 21 SENATOR VOLKER: Let me just 22 seriously say to you that -- that's right. He 23 almost became Attorney General, by the way, 24 but that's another story. 25 (Laughter.)

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(518) 371-8910 1 SENATOR VOLKER: But anyways, I 2 must say to you that I spent a great deal of 3 time in Canada in my younger years, when I 4 oversaw Energy. I spent a lot more time in 5 Quebec and up north. In the last few years, 6 I've spent a lot of time in Canada in the 7 north country, up far north, fishing and all 8 the rest of the things that Canada provides 9 for a lot of the citizens, not only of your 10 country but for our country also. 11 I do want to say that our 12 relationship with Canada has always been 13 excellent. I mean, many in the media have 14 tried to denigrate it, and I think it's too 15 bad. Because public officials, for instance, 16 we've been meeting with -- in our Western 17 New York delegation, we've been meeting with 18 public officials from Canada for, I don't 19 know, 15 or 20 years, easily. And we've 20 survived different governments, from Liberal 21 to Conservative and so forth, and we've always 22 had great relations. 23 And I thank the Canada government, 24 really, for your hospitality for so many 25 Americans in Canada. And we are happy to be

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(518) 371-8910 1 your neighbor. It's, I think, the finest 2 border in the world. And the sad part of it 3 is that we have to even worry about these type 4 of things. And it has nothing to do with the 5 two countries; it has more to do, 6 unfortunately, with the situation in the rest 7 of the world, as we all know. 8 But thank you for coming here, and 9 thank you for being good neighbors, and thank 10 you for your hospitality to myself and to all 11 of us in New York. 12 ACTING PRESIDENT YOUNG: Thank 13 you, Senator Volker. 14 Senator Rath. 15 SENATOR RATH: Thank you, Madam 16 Chairman. 17 And welcome to our neighbors from 18 the north -- Steve, Pamela, Sergeant Preston. 19 No, not Sergeant Preston with his dog, King. 20 We were kind of joking about that, because we 21 have such a recollection, some of us who have 22 been watching and listening for so many years. 23 But it's just one other indication 24 of how warm and friendly our relationship has 25 been and how comfortable we have been with the

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(518) 371-8910 1 Canadians, those of us in Western New York 2 particularly, going across the bridge for 3 lunch and coming back at 1 o'clock after 4 you've had lunch, it's -- you know, there's no 5 traffic in the bridge, it's easy. And that's 6 the way it's been, going back and forth, for 7 years. 8 And I want to assure you that I 9 know Senator Balboni, in his efforts, is going 10 to be doing everything he can. We will be 11 supporting him to make sure that we find some 12 way that the movement back and forth on those 13 bridges -- not only the Peace Bridge, but the 14 other ones across our border, and of course at 15 Watertown also -- are secure but are easy, not 16 only for the natives who go to hockey games, 17 of course, back and forth, as we all have 18 done, but to the tourist industry, which I am 19 so involved with as chair of the committee, 20 being New York State's number-two industry. 21 And much of it has to do with going 22 back and forth from Canada, your people, our 23 people. And we need to secure that and make 24 sure that we have safeguarded it. 25 Thank you for being here today. It

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(518) 371-8910 1 shows your support of us and our institution, 2 just as we this evening and throughout the 3 future will be supportive of you all and your 4 institution. 5 Thank you. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Rath. 8 Senator Little. 9 SENATOR LITTLE: Thank you, Madam 10 President. 11 I too would like to join my 12 colleagues in welcoming our friends and 13 neighbors from the north. As a Senator who 14 represents a great deal of the Quebec-New York 15 corridor, I'm just more than happy to welcome 16 you here to our Capitol. 17 It's important, we know, that our 18 own communities have good relationships with 19 our neighbors. And it's even more important 20 on a global level to have good relationships 21 with our neighbors. And we all know that a 22 relationship such as the one we have with 23 Canada, built on trust and understanding, 24 respect and mutually shared interest, is one 25 that is guaranteed to ensure the best results

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(518) 371-8910 1 of all. 2 In the 1960s the Adirondack 3 Northway was completed, connecting -- really 4 and truly connecting New York City and 5 Montreal, making it so easy to travel from one 6 place to another. And after that road was 7 developed, not only did people travel that 8 route, but businesses came from Canada to 9 America and vice versa, back and forth. 10 And as I have watched, as the 11 Senator from this area, I'm really proud of 12 the relationships and the development and the 13 business/economic development that we have 14 seen between our two countries, particularly 15 in the area I represent, to improve the lives 16 of Americans and lives of the Canadians that 17 live in this area. 18 So I'm very fortunate to have many 19 Canadian businesses who have a place in my 20 district -- Irving Tissue, in Ft. Edward, in 21 Washington County; Bombardier, in Plattsburgh, 22 just to name a few. 23 I also represent the City of 24 Plattsburgh, which is frequently identified as 25 a suburb of Montreal. And believe me, people

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(518) 371-8910 1 in Plattsburgh easily go to Montreal for 2 dinner and back and forth. We are very proud 3 of the border crossing that is being 4 developed, the Champlain border crossing, well 5 over $100 million to make this one of the best 6 border crossings in the country. 7 It is so important to all of us, 8 the relationship and the friendship that we 9 have. And I look forward to continuing to 10 work with you and continuing to build upon 11 what so many people have built upon in the 12 past, creating this great relationship. 13 So thank you, and welcome. 14 ACTING PRESIDENT YOUNG: Thank 15 you, Senator Little. 16 Senator Padavan. 17 SENATOR PADAVAN: Yes, very 18 briefly, Madam President. 19 On a pleasant note, I'd like to 20 congratulate you on the wonderful showing of 21 your team in Torino, in the Winter Olympics. 22 I believe you broke a record this year in the 23 number of medals won, particularly by a very 24 fine young lady on skates. 25 And we look forward to the

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(518) 371-8910 1 opportunity of being with you in Canada, in 2 Vancouver, in 2010. 3 ACTING PRESIDENT YOUNG: Thank 4 you, Senator Padavan. 5 The question is on the resolution. 6 All in favor signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT YOUNG: Opposed, 9 nay. 10 (No response.) 11 ACTING PRESIDENT YOUNG: The 12 resolution is adopted. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 if we could open up to the resolution to 16 sponsorship. If anybody wishes not to sponsor 17 the resolution, they should notify the desk. 18 ACTING PRESIDENT YOUNG: Any 19 Senator not wishing to be on the resolution, 20 please notify the desk. 21 The resolution is adopted. 22 Senator Skelos. 23 SENATOR SKELOS: Madam President, 24 if we could return to reports of standing 25 committees, I believe there's a report of the

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(518) 371-8910 1 Finance Committee at the desk. I ask that it 2 be read at this time. 3 ACTING PRESIDENT YOUNG: Reports 4 of standing committees. 5 The Secretary will read. 6 THE SECRETARY: Senator Johnson, 7 from the Committee on Finance, reports the 8 following bills direct to third reading: 9 Senate Print 6465, Senate Budget 10 Bill, an act to amend the Racing, Pari-Mutuel 11 Wagering and Breeding Law; 12 Senate Print 6466A, Senate Budget 13 Bill, an act to amend Chapter 55 of the Laws 14 of 2005; 15 And Senate Print 6806, by Senator 16 Robach, an act to amend the Retirement and 17 Social Security Law. 18 All bills ordered direct to third 19 reading. 20 ACTING PRESIDENT YOUNG: All 21 bills directly to third reading. 22 The Secretary will continue to 23 read. 24 THE SECRETARY: Senator Johnson, 25 from the Committee on Finance, reports the

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(518) 371-8910 1 following nominations: 2 As trustees of the Power Authority 3 of the State of New York, Robert E. Moses, of 4 Marietta, and Thomas W. Scozzafava, of 5 Gouverneur. 6 ACTING PRESIDENT YOUNG: Senator 7 Johnson. 8 SENATOR JOHNSON: Move the 9 nominations. 10 ACTING PRESIDENT YOUNG: Senator 11 Wright. 12 SENATOR WRIGHT: Thank you, Madam 13 President. 14 I rise to second the nominations. 15 I want to commend the Governor on his 16 recommendation of two appointees to the Power 17 Authority: one, Mr. Moses, who represents 18 central New York; and another individual, 19 Mr. Scozzafava, who will represent northern 20 New York. 21 This will increase the capacity of 22 the Power Authority board of trustees as 23 called for in the Public Authorities Reform 24 Act that this Legislature enacted last year 25 and was signed into law. It also ensures that

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(518) 371-8910 1 there is a broad geographic representation on 2 the trustees representing the many and diverse 3 interests of the State of New York within the 4 trustees. 5 So I want to commend the Governor 6 on his appointments, and I appreciate the 7 prompt action of the Finance Committee. 8 ACTING PRESIDENT YOUNG: Thank 9 you, Senator Wright. 10 The question is on the confirmation 11 of Robert E. Moses, of Marietta, and Thomas W. 12 Scozzafava, of Gouverneur, as trustees of the 13 Power Authority of the State of New York. 14 All in favor, aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT YOUNG: Opposed, 17 nay. 18 (No response.) 19 ACTING PRESIDENT YOUNG: The 20 nominees are hereby confirmed. 21 Senator Skelos. 22 SENATOR SKELOS: Madam President, 23 I believe there's one more motion. Senator 24 Winner has a motion. 25 ACTING PRESIDENT YOUNG: Senator

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(518) 371-8910 1 Winner. 2 SENATOR WINNER: Madam President, 3 on page 26 I offer the following amendments to 4 Calendar Number 347, Senate Print Number 5 2975A, and ask that the bill retain its place 6 on the Third Reading Calendar. 7 ACTING PRESIDENT YOUNG: The 8 amendments are received, and the bill will 9 retain its place on the Third Reading 10 Calendar. 11 Senator Skelos. 12 SENATOR SKELOS: If we could go 13 to the noncontroversial reading of the 14 calendar. 15 ACTING PRESIDENT YOUNG: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 113, by Senator Robach, Senate Print 6480, an 19 act to amend the Civil Service Law, in 20 relation to requiring annual reports. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 160, by Senator DeFrancisco, Senate Print 8 2150, an act to amend the Estates, Powers and 9 Trusts Law, in relation to revocatory effect. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. Nays, 18 1. Senator Saland recorded in the negative. 19 ACTING PRESIDENT YOUNG: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 164, substituted earlier today by Member of 23 the Assembly Weinstein, Assembly Print Number 24 9455A, an act to amend the Estates, Powers and 25 Trusts Law.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 182, by Senator Robach, Senate Print 6476, an 13 act to amend the Civil Service Law, in 14 relation to the authority. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the same date and in 19 the same manner as Chapter 761 of the Laws of 20 2005. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 263, by Senator Little, Senate Print 730, an 4 act to amend the General Municipal Law, in 5 relation to procurement. 6 ACTING PRESIDENT YOUNG: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT YOUNG: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT YOUNG: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 269, by Senator Alesi, Senate Print -- 18 SENATOR SKELOS: Lay it aside for 19 the day, please. 20 ACTING PRESIDENT YOUNG: The bill 21 is laid aside for the day. 22 THE SECRETARY: Calendar Number 23 270, by Senator Little, Senate Print 6286, an 24 act in relation to directing the Law Revision 25 Commission to make recommendations.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT YOUNG: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT YOUNG: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 274, by Senator Little, Senate Print 6547, an 13 act to amend the Local Finance Law, in 14 relation to temporary alternative methods. 15 ACTING PRESIDENT YOUNG: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT YOUNG: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT YOUNG: The bill 24 is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 275, by Senator Marcellino, Senate Print 679, 2 an act to amend the Navigation Law, in 3 relation to providing an exemption. 4 ACTING PRESIDENT YOUNG: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT YOUNG: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 58. 12 ACTING PRESIDENT YOUNG: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 276, by Senator Wright, Senate Print 5940, an 16 act to amend the Parks, Recreation and 17 Historic Preservation Law, in relation to 18 providing. 19 ACTING PRESIDENT YOUNG: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT YOUNG: Call the 24 roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 58. 2 ACTING PRESIDENT YOUNG: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 307, by Senator Larkin, Senate Print 78, an 6 act to amend the Civil Practice Law and Rules, 7 in relation to authorizing. 8 ACTING PRESIDENT YOUNG: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT YOUNG: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 58. 16 ACTING PRESIDENT YOUNG: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 309, by Senator Trunzo, Senate Print 150A, an 20 act to amend the Penal Law, in relation to the 21 unlawful sale of tobacco products to a child. 22 ACTING PRESIDENT YOUNG: Read the 23 last section. 24 THE SECRETARY: Section 3. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT YOUNG: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 311, by Senator Saland, Senate Print 312, an 9 act to amend the Penal Law, in relation to 10 including school buses. 11 ACTING PRESIDENT YOUNG: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 September. 16 ACTING PRESIDENT YOUNG: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 58. 20 ACTING PRESIDENT YOUNG: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 314, by Senator Volker, Senate Print 777, an 24 act to amend the Penal Law, in relation to the 25 imposition of certain fees.

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(518) 371-8910 1 ACTING PRESIDENT YOUNG: Read the 2 last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect on the same date as 5 Part F of Chapter 56 of the Laws of 2004. 6 ACTING PRESIDENT YOUNG: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 58. 10 ACTING PRESIDENT YOUNG: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 315, by Senator Padavan, Senate Print 1138, an 14 act to amend the Penal Law, in relation to the 15 disposal of allegedly stolen motor vehicles. 16 ACTING PRESIDENT YOUNG: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT YOUNG: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 58. 25 ACTING PRESIDENT YOUNG: The bill

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(518) 371-8910 1 is passed. 2 THE SECRETARY: Calendar Number 3 320, substituted earlier today by Member of 4 the Assembly Destito, Assembly Print Number 5 9835, an act to amend the Penal Law, in 6 relation to riot in the first degree. 7 ACTING PRESIDENT YOUNG: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT YOUNG: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT YOUNG: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 322, by Senator Fuschillo, Senate Print 2222, 19 an act to amend the Civil Service Law, in 20 relation to the waiver of application fees. 21 ACTING PRESIDENT YOUNG: Read the 22 last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the 60th day. 25 ACTING PRESIDENT YOUNG: Call the

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(518) 371-8910 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. 4 ACTING PRESIDENT YOUNG: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 331, by Senator Saland, Senate Print 3680A, an 8 act to amend Chapter 472 of the Laws of 1998, 9 amending the Education Law. 10 ACTING PRESIDENT YOUNG: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT YOUNG: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 58. 18 ACTING PRESIDENT YOUNG: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 333, by Senator Morahan, Senate Print -- 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 ACTING PRESIDENT YOUNG: The bill 25 is laid aside for the day.

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(518) 371-8910 1 That completes the reading of the 2 calendar. 3 SENATOR SKELOS: Thank you, Madam 4 President. 5 Is there any further business at 6 the desk? 7 ACTING PRESIDENT YOUNG: No, 8 there is not. 9 SENATOR SKELOS: If you would 10 recognize Senator Krueger. 11 ACTING PRESIDENT YOUNG: Senator 12 Krueger. 13 SENATOR LIZ KRUEGER: Thank you, 14 Madam President. 15 I believe I have a motion at the 16 desk, and I would like to have it called at 17 this time. 18 ACTING PRESIDENT YOUNG: The 19 Secretary will read. 20 THE SECRETARY: Senate Print 21 2293, by Senator Krueger, an act to amend the 22 Legislative Law. 23 ACTING PRESIDENT YOUNG: Senator 24 Krueger. 25 SENATOR LIZ KRUEGER: Thank you.

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(518) 371-8910 1 I'd like to speak on my bill, which 2 would create a standing committee on 3 conferences. 4 In Senator Bruno's own website, 5 there's a statement that he has put in place 6 many legislative reforms, including the 7 creation of joint legislative conference 8 committees, which have successfully resolved 9 issues such as small city school district 10 budget voting, the creation of a pesticide use 11 registry for breast cancer research, and 12 requiring insurance coverage for a 48-hour 13 hospital stay for maternity. 14 I'm sure we're all very happy that 15 we had conference committees that resolved 16 differences between similar bills in the 17 Assembly and the Senate to ensure that those 18 three examples became law. Unfortunately, 19 there are too many examples of bills that pass 20 both houses year by year and are similar but 21 not same-as bills, and hence they don't become 22 law in this state. 23 With a bill that I hope we could 24 pass on the floor of this Senate, 2293, or a 25 variation on this bill, we could create

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(518) 371-8910 1 standing committees on conference that would 2 consist of five Senators and five members of 3 the Assembly who could produce a single bill 4 and explanatory reports when each house has 5 passed separate bills accomplishing the same 6 purpose, what we refer to as similar but not 7 same-as bills. 8 Whenever the Legislature, either 9 house, passes a bill or a resolution that 10 contains substantially the same provisions of 11 law or accomplishes essentially the same 12 purpose as a bill or resolution that has 13 passed the other house, this ongoing standing 14 committee on conference could be called to 15 consider the bills, negotiate the differences, 16 and hopefully come to resolution so that there 17 could be same-as bills moved through both 18 houses. 19 To have legislation considered by a 20 committee currently requires that both the 21 Speaker of the Assembly and the Majority 22 Leader of the Senate calls for these 23 conference committees and creates them. 24 Under my legislation, either the 25 Assembly Speaker and the Majority Leader or

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(518) 371-8910 1 the prime sponsor in both houses or the 2 committee chairs that deliberated the bills 3 could call for the conference committee of 4 both houses to come together, resolve 5 differences, hopefully, and move legislation 6 forward that both houses apparently have an 7 interest in and yet, year after year, without 8 these ongoing conference committees these 9 bills sit, never to be passed. 10 When measures are referred to the 11 committee, under my bill, the committee shall 12 meet within 10 days to negotiate any changes 13 necessary and issue a report on the bills 14 within 15 days after the referral. A report 15 would be filed with the Secretary of the 16 Senate and the Clerk of the Assembly which 17 would contain the conference bill with 18 agreed-upon text. The bills would then be 19 replaced on respective third reading calendars 20 for consideration by both houses. 21 Currently, conference committees 22 are only rarely utilized to harmonize similar 23 legislation that passes in each house. And as 24 a result, the responsibility for resolving 25 such issues fall informally to the sponsors,

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(518) 371-8910 1 the leaders or their staffs, or some 2 combination thereof. 3 Under the system we have today, a 4 multitude of reasons often needlessly delay or 5 prevent passage of important legislation. 6 Even when compromise solutions are reached 7 under the current practice, it is often done 8 totally removed from the scrutiny of the 9 public and even the membership of both houses, 10 with amended bills being reported directly to 11 the floor of the Senate and Assembly without 12 committee review. 13 The proposal I am making for a 14 standing committee on conference is the model 15 that is used by the United States Congress and 16 45 of the 49 bicameral state legislatures. 17 It's an efficient and a democratic means of 18 dealing with differences over legislation 19 between two houses. The proposal I make today 20 is adapted from Rule 28 of the standing rules 21 of the United States Senate and is similar to 22 the rules governing conference committees in 23 most state legislatures. 24 And to further my argument for why 25 we would all be much happier if we had

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(518) 371-8910 1 standing conference committees, unlike 2 Congress and many state legislatures, we year 3 after year move thousands of bills that never 4 go anywhere and we move hundreds of bills that 5 are similar but never reach same-as status. 6 From 1997 through the year 2001, 7 45,000 bills were introduced in the New York 8 State Assembly, 31,734 in the Senate. On 9 average during that period, each year the 10 Assembly and Senate passed only 2.29 percent 11 in the Assembly and 7.91 percent of the bills 12 in the Senate introduced each year. 13 Only 1.99 percent of the Assembly 14 bills and 7 percent of the Senate bills each 15 year were introduced into law during that 16 period. Only 7 percent of the bills in the 17 Senate were introduced into law. 18 In 2002, New York's enactment rate 19 of bills that move through the Legislature was 20 just 4.1 percent, higher than only two other 21 states -- New Jersey and North Carolina -- 22 while the national average of moving bills 23 through both houses and into passage, the 24 national average during the same time was 25 28 percent.

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(518) 371-8910 1 We could accomplish so much more if 2 we would have standing conference committees. 3 And whether we liked or didn't like individual 4 bills, the point is both houses in the 5 Legislature of New York State consistently 6 pass similar bills that aren't becoming law. 7 I would argue if we had conference 8 committees, a standing conference committee, 9 we would already have wetlands reform 10 legislation, we would have Article 10 energy 11 plant renewal legislation, we would have 12 mental health parity, Timothy's Law 13 legislation. We would probably be farther 14 down the road for fair funding of public 15 education throughout the State of New York. 16 We could even imagine having moved workers' 17 compensation and prevailing wage law. 18 It's a simple concept. It's a 19 concept that works in the U.S. Congress and in 20 the majority of the states in our nation. So 21 I am hoping that this year we will consider 22 moving forward with a bill that would create 23 standing conference committees and at the end 24 of this session we could all proudly say look 25 how many bills that we all cared about became

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(518) 371-8910 1 the law of this state. So I hope my 2 colleagues will join me in voting for this 3 motion. 4 Thank you very much, Madam 5 President. 6 ACTING PRESIDENT YOUNG: Thank 7 you, Senator Krueger. 8 All those Senators in favor of the 9 petition out of committee please signify by 10 raising hands. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Breslin, Connor, Diaz, 13 Duane, Gonzalez, Klein, L. Krueger, 14 Montgomery, Onorato, Parker, Paterson, Sabini, 15 Sampson, Savino, Serrano, A. Smith, Stavisky, 16 and Valesky. 17 ACTING PRESIDENT YOUNG: The 18 petition is not agreed to. 19 Senator Fuschillo. 20 SENATOR FUSCHILLO: Madam 21 President, there being no further business, I 22 move we adjourn until Wednesday, March 1st, at 23 11:00 a.m. 24 ACTING PRESIDENT YOUNG: On 25 motion, the Senate stands adjourned until

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(518) 371-8910 1 Wednesday, March 1st, at 11:00 a.m. 2 (Whereupon, at 4:09 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910