Tuesday, March 7, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 March 7, 2006 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc.

(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: 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 Monday, March 6, the Senate met pursuant to 18 adjournment. The Journal of Sunday, March 5, 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.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Meier. 8 SENATOR MEIER: Thank you, Madam 9 President. 10 I wish to call up Senator Robach's 11 bill, Senate Print 6806, recalled from the 12 Assembly, which is now at the desk. 13 THE PRESIDENT: The Secretary 14 will read. 15 THE SECRETARY: Calendar Number 16 398, by Senator Robach, Senate Print 6806, an 17 act to amend the Retirement and Social 18 Security Law. 19 THE PRESIDENT: Senator Meier. 20 SENATOR MEIER: Madam President, 21 I now move to reconsider the vote by which 22 this bill was passed. 23 THE PRESIDENT: The Secretary 24 will call the roll upon reconsideration. 25 (The Secretary called the roll.)

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Ayes, 40. 2 THE PRESIDENT: Senator Meier. 3 SENATOR MEIER: Madam President, 4 I now offer the following amendments. 5 THE PRESIDENT: The amendments 6 are received. 7 Senator Meier. 8 SENATOR MEIER: Thank you, Madam 9 President. 10 On page number 26 I offer the 11 following amendments to Senator Young's bill, 12 Calendar Number 356, Senate Print 6269, and 13 ask that said bill retain its place on the 14 order of third reading. 15 THE PRESIDENT: The amendments 16 are received. The bill will retain its place 17 on the Third Reading Calendar. 18 SENATOR MEIER: Thank you, Madam 19 President. 20 Madam President, if I may, on 21 behalf of Senator Johnson, I move that the 22 following bills be discharged from their 23 respective committees and be recommitted with 24 instructions to strike the enacting clause: 25 Senate Prints 1409, 1410, and 2723.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: So ordered. 2 SENATOR MEIER: Thank you, Madam 3 President. 4 THE PRESIDENT: Senator Skelos. 5 SENATOR SKELOS: Madam President, 6 if we could adopt the Resolution Calendar, 7 with the exception of Resolution 3756. 8 THE PRESIDENT: All in favor of 9 so adopting the Resolution Calendar please 10 signify by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The calendar is 15 so adopted. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 if we could take up Resolution 3756, by 19 Senator Winner, have the title read, and move 20 for its immediate adoption. And also Senator 21 Winner has indicated he'd like to open it for 22 cosponsorship. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: By Senator

Candyco Transcription Service, Inc.

(518) 371-8910 1 Winner, Legislative Resolution Number 3756, 2 memorializing Governor George E. Pataki to 3 proclaim March 7, 2006, as "Occupational 4 Health Awareness and Outreach Day" in the 5 State of New York. 6 THE PRESIDENT: All in favor of 7 the resolution please signify by saying aye. 8 (Response of "Aye.") 9 THE PRESIDENT: Opposed, nay. 10 (No response.) 11 THE PRESIDENT: The resolution is 12 adopted. 13 Any member who does not wish to 14 cosponsor the last resolution please notify 15 the desk. 16 Senator Skelos. 17 SENATOR SKELOS: Madam President, 18 I believe there are substitutions at the desk. 19 THE PRESIDENT: Yes, there are. 20 The Secretary will read. 21 THE SECRETARY: On page 15, 22 Senator Volker moves to discharge, from the 23 Committee on Civil Service and Pensions, 24 Assembly Bill Number 9653 and substitute it 25 for the identical Senate Bill Number 6317,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Third Reading Calendar 180. 2 And on page 15, Senator Volker 3 moves to discharge, from the Committee on 4 Civil Service and Pensions, Assembly Bill 5 Number 9654, and substitute it for the 6 identical Senate Bill Number 6318, Third 7 Reading Calendar 181. 8 THE PRESIDENT: Substitutions 9 ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Madam President, 12 if we could go to the noncontroversial reading 13 of the calendar. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: Calendar Number 17 139, by Senator Robach, Senate Print 5171, an 18 act to amend the Penal Law, in relation to 19 criminally using drug paraphernalia. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of 24 November. 25 THE PRESIDENT: Call the roll.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (The Secretary called the roll.) 2 THE PRESIDENT: Senator 3 Schneiderman, to explain your vote. 4 SENATOR SCHNEIDERMAN: Thank you, 5 Madam President. 6 Last year quite a few of us voted 7 against this piece of legislation because of 8 the process by which it came to the floor. It 9 was reported out of the Rules Committee on 10 June 7th and came to the floor for a vote on 11 June 8th. And I, among others, commented that 12 this was the kind of procedure that gives the 13 State Legislature a bad reputation in many 14 quarters of our state. 15 I'm pleased that this year the time 16 has been taken for it to go through the Codes 17 Committee and come to the floor in the 18 ordinary process. It's not so hard to do 19 things to give people a chance to consider 20 bills. 21 And I hope that the procedure by 22 which the bill came to the floor this year is 23 what we're going to be following in the 24 future, as opposed to the floor procedure that 25 brought it to us last year.

Candyco Transcription Service, Inc.

(518) 371-8910 1 I will be voting yes. Thank you, 2 Madam President. 3 THE PRESIDENT: You will be so 4 recorded as voting in the affirmative. 5 The Secretary will announce the 6 results. 7 THE SECRETARY: Ayes, 40. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 141, by Senator Padavan, Senate Print 6278, an 12 act to amend the Penal Law, in relation to the 13 seizure and forfeiture. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 40. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 142, by Senator Padavan, Senate Print 6279, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Penal Law, in relation to 2 establishing. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 40. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 180, substituted earlier today by Member of 15 the Assembly Tokasz, Assembly Print Number 16 9653, an act to amend the Civil Service Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 40. 24 THE PRESIDENT: The bill is 25 passed.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE SECRETARY: Calendar Number 2 181, substituted earlier today by Member of 3 the Assembly Tokasz, Assembly Print Number 4 9654, an act to amend the Civil Service Law. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 41. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 312, by Senator Marcellino, Senate Print 663, 16 an act to amend the Penal Law, in relation to 17 including. 18 THE PRESIDENT: Read the last 19 section. 20 THE SECRETARY: Section 3. 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, 41.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 323, by Senator Golden -- 5 SENATOR SKELOS: Lay it aside for 6 the day. 7 THE PRESIDENT: The bill is laid 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 325, by Senator Robach, Senate Print 3179, an 11 act to amend the Civil Service Law, in 12 relation to improper labor practices. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 41. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 351, by Senator LaValle, Senate Print 557, an 24 act to amend the Education Law, in relation to 25 inclusion.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 41. Nays, 8 1. Senator Connor recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 354, by Senator Maziarz, Senate Print 208A, an 13 act to amend the Executive Law, in relation to 14 creating and authorizing. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 42. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 362, by Senator Spano, Senate Print 6700, an

Candyco Transcription Service, Inc.

(518) 371-8910 1 act to amend the Labor Law, in relation to the 2 standards of conduct. 3 THE PRESIDENT: Read the last 4 section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 42. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 365, by Senator Little, Senate Print 722, an 14 act to amend the General City Law, the Town 15 Law, and the Village Law, in relation to 16 establishing. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 5. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Those recorded in 24 the negative on Calendar Number 365 are 25 Senators LaValle, Leibell, Marcellino and

Candyco Transcription Service, Inc.

(518) 371-8910 1 Winner. Ayes, 40. Nays, 4. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 390, by Senator Seward, Senate Print 6420A, an 6 act to amend the Highway Law, in relation to 7 designating. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 44. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 392, by Senator Golden, Senate Print 4446, an 19 act to amend the Civil Service Law, in 20 relation to permitting the children of 21 firefighters. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 44. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos, that completes the 7 reading of the calendar. 8 SENATOR SKELOS: Madam President, 9 is there any further business at the desk? 10 THE PRESIDENT: No, there isn't, 11 Senator. 12 SENATOR SKELOS: Would you please 13 recognize Senator Savino. 14 THE PRESIDENT: Senator Savino. 15 SENATOR SAVINO: Thank you. One 16 second, Madam President. 17 Madam President, I believe there's 18 a motion at the desk. I would ask that it be 19 read. 20 THE PRESIDENT: The Secretary 21 will read. 22 THE SECRETARY: Senate Print 23 5488, by Senator Savino, an act to amend 24 Chapter 677 of the Laws of 1977, amending the 25 Civil Service Law.

Candyco Transcription Service, Inc.

(518) 371-8910 1 THE PRESIDENT: Senator Savino. 2 SENATOR SAVINO: Thank you, Madam 3 President. 4 New York State's public employees 5 do the difficult job of keeping New York safe 6 and running. These employees are represented 7 by a number of unions, including the Civil 8 Service Employees Association, the Public 9 Employees Federation, Council 82 of AFSCME, 10 United University Professions, New York State 11 United Teachers, local police benevolent 12 associations, local firefighters unions, 13 District Council 37 in New York City, the 14 Communications Workers of America, the 15 Transport Workers Union, and others. 16 The agency fee provision of the 17 Public Employees Fair Employment Act, known as 18 the Taylor Law, was first enacted in 1977. 19 And that law requires public workers to pay 20 union dues whether they are members of the 21 union or not. 22 Because the Taylor Law requires 23 public employee unions to represent the 24 interests of every worker in its bargaining 25 unit equally, including both members and

Candyco Transcription Service, Inc.

(518) 371-8910 1 nonmembers, nonmembers have enjoyed the 2 increased wages, salaries, benefits and 3 protections and fringe benefits negotiated by 4 those respective unions. 5 This law, initially characterized 6 as an experiment in 1977, has been on the 7 books since then. I would suggest that 8 29 years as an experiment is enough time to 9 draw some conclusions as to whether or not the 10 experiment has worked. The Legislature has 11 extended this law every two years since it was 12 first enacted. 13 As a matter of fact, when I first 14 became a member of DC 37, I got on a bus one 15 day in 1992 and I came with dozens of other 16 members of DC 37 on our annual Lobby Day trip. 17 And one of the things we were coming to lobby 18 on, one of our legislative items, was 19 permanent agency shop. That was 14 years ago. 20 I took many Lobby Day trips coming 21 to Albany to talk about permanent agency shop. 22 And here I stand now, as a member of the 23 Legislature, and I'm still talking about 24 permanent agency shop. 25 Let's stop playing games. Let's

Candyco Transcription Service, Inc.

(518) 371-8910 1 make this law permanent. Making the agency 2 shop law permanent will send a strong message 3 to New York's public-sector unions that this 4 state's leaders are attentive to their issues 5 and understand the things that are important 6 to organized labor. 7 Thank you. 8 THE PRESIDENT: All in favor, all 9 Senators in favor of the petition please 10 signify by raising your hand. 11 THE SECRETARY: Those recorded in 12 agreement are Senators Breslin, Connor, 13 Coppola, Diaz, Dilan, Duane, Gonzalez, Klein, 14 L. Krueger, Montgomery, Onorato, Paterson, 15 Sabini, Sampson, Savino, Schneiderman, 16 A. Smith, M. Smith and Valesky. 17 THE PRESIDENT: The petition is 18 not agreed to. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 there being no further business, I move we 22 stand adjourned until Wednesday, March 8th, at 23 11:00 a.m. 24 THE PRESIDENT: On motion, the 25 Senate now stands adjourned until Wednesday,

Candyco Transcription Service, Inc.

(518) 371-8910 1 March 8th, 11:00 a.m. 2 (Whereupon, at 3:21 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

Candyco Transcription Service, Inc.

(518) 371-8910