Monday, April 23, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 23, 2007 11 3:15 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 come to order. 4 I would ask all present to rise and 5 recite with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: Our invocation 9 today will be delivered by Father Peter G. 10 Young, of Mother Theresa Community right here 11 in Albany. 12 REVEREND YOUNG: Thank you. 13 Thank you. Let us pray. 14 Dear God, the wisdom that You have 15 is beyond imagining, and Your goodness is 16 boundless. Your treasures of course You have 17 given to us, O Lord, unfailingly. 18 You have enlightened our minds to 19 open up new and better means of sharing with 20 each other here in this Senate chamber with 21 our constituencies, for information, ideas and 22 aspirations. The discoveries of technology 23 can be of great assistance to our citizens of 24 New York State, that they can bring them here 25 and get Your help in times of need for our

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(518) 371-8910 1 needed resources and our quality of life. 2 We pray that You will give grace to 3 these Senator for their accomplishments. 4 Amen. 5 THE PRESIDENT: Thank you, Father 6 Young. 7 The reading of the Journal. 8 THE SECRETARY: In Senate, 9 Sunday, April 22, the Senate met pursuant to 10 adjournment. The Journal of Saturday, 11 April 21, was read and approved. On motion, 12 Senate adjourned. 13 THE PRESIDENT: The Journal 14 stands approved as read. 15 Now to the order of business. 16 Presentation of petitions. 17 Senator LaValle. 18 SENATOR LaVALLE: I was waiting 19 for motions and resolutions, Mr. President. 20 THE PRESIDENT: We'll continue 21 with the order of business. 22 Presentation of petitions. 23 Messages from the Assembly. 24 Messages from the Governor. 25 Reports of standing committees.

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(518) 371-8910 1 Reports of select committees. 2 Communications and reports from 3 state officers. 4 And now, Senator LaValle, motions 5 and resolutions. 6 SENATOR LaVALLE: Thank you, 7 Mr. President. 8 Would you place a sponsor's star on 9 Calendar Number 425, Senate Bill Number 3065. 10 THE PRESIDENT: Senate Bill 11 Number 3065, a star has been placed by the 12 sponsor. So ordered. 13 Senator Fuschillo. 14 SENATOR FUSCHILLO: Thank you, 15 Mr. President. 16 On page number 26 I offer the 17 following amendments to Calendar Number 338, 18 Senate Print Number 2969, and ask that said 19 bill retain its place on Third Reading 20 Calendar. 21 THE PRESIDENT: Thank you, 22 Senator Fuschillo. The amendments are 23 received and adopted, and the bill will retain 24 its place on the Third Reading Calendar. 25 SENATOR FUSCHILLO: On behalf of

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(518) 371-8910 1 Senator Marcellino, on page number 18 I offer 2 the following amendments to Calendar Number 3 106, Senate Print Number 632, and ask that 4 said bill retain its place on Third Reading 5 Calendar. 6 THE PRESIDENT: The amendments to 7 Calendar Number 106 are received and adopted, 8 the bill will likewise retain its place on the 9 Third Reading Calendar. 10 SENATOR FUSCHILLO: On behalf of 11 Senator Trunzo, on page number 31 I offer the 12 following amendments to Calendar Number 433, 13 Senate Print Number 2399, and ask that said 14 bill retain its place on Third Reading 15 Calendar. 16 THE PRESIDENT: Calendar Number 17 433, the amendments are received and adopted. 18 The bill will retain its place on the Third 19 Reading Calendar. 20 SENATOR FUSCHILLO: And, 21 Mr. President, I move that the following bills 22 be discharged from their respective committees 23 and be recommitted with instructions to strike 24 the enacting clause: Senate Print Number 25 3991, Senate Print Number 3992, and Senate

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(518) 371-8910 1 Print Number 4384. 2 THE PRESIDENT: So ordered. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could go to the noncontroversial reading 6 of the calendar, please. 7 THE PRESIDENT: The Secretary 8 will conduct the noncontroversial reading of 9 the calendar. 10 THE SECRETARY: Calendar Number 11 43, by Senator DeFrancisco, Senate Print 788, 12 an act to amend the Estates, Powers and Trusts 13 Law, in relation to disposition of property. 14 THE PRESIDENT: The Secretary 15 will read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: The Secretary 19 will call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: And the Secretary 22 will announce the results. 23 THE SECRETARY: Ayes, 38. 24 THE PRESIDENT: The bill is 25 passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 101, by Senator LaValle, Senate Print 2038, an 3 act to amend the Workers' Compensation Law, in 4 relation to including Lyme disease. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 38. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 193, by Senator Smith, Senate Print 1862, an 16 act to amend the Penal Law, in relation to 17 facilitating a sexual performance by a child. 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, 38. Nays,

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(518) 371-8910 1 1. Senator Duane recorded in the negative. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 194, by Senator Volker, Senate Print 1977A, an 6 act to amend the Criminal Procedure Law, in 7 relation to receiving of business records. 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, 38. Nays, 16 1. Senator Duane recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 195, by Senator Volker, Senate Print 2010, an 21 act to amend the Criminal Procedure Law, in 22 relation to police officer -- 23 SENATOR SKELOS: If we could lay 24 that aside temporarily. 25 THE PRESIDENT: The bill is laid

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(518) 371-8910 1 aside temporarily. 2 THE SECRETARY: Calendar Number 3 341, by Senator Larkin, Senate Print 533, an 4 act to amend the Business Corporation Law, in 5 relation to unauthorized and misleading 6 electronic mail. 7 SENATOR SKELOS: Lay it aside for 8 the day, please. 9 THE PRESIDENT: The bill is laid 10 aside for the day. 11 THE SECRETARY: Calendar Number 12 354, by Senator Morahan, Senate Print 1468, an 13 act relating to school bus travel on the 14 Palisades Parkway. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the 120th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Results. 22 THE SECRETARY: Ayes, 40. 23 THE PRESIDENT: The bill is 24 passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 388, by Senator Nozzolio, Senate Print 710, an 2 act to amend the Real Property Tax Law, in 3 relation to the veteran's alternative 4 exemption. 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, 40. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 391, by Senator Rath, Senate Print 2966, an 16 act to amend the Real Property Tax Law, in 17 relation to veteran eligibility. 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, 42. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 429, by Senator Maltese, Senate Print 3003, an 4 act to amend the Education Law, in relation to 5 student loans for persons in military service. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act -- 10 SENATOR SKELOS: Lay it aside for 11 the day, please. 12 THE PRESIDENT: The bill is laid 13 aside for the day. 14 THE SECRETARY: Calendar Number 15 442, by Senator Larkin, Senate Print 1882, an 16 act to amend the Racing, Pari-Mutuel Wagering 17 and Breeding Law, in relation to free passes, 18 cards or badges. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 42.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could at this time return to Calendar 6 Number 195, which was temporarily laid aside. 7 THE PRESIDENT: The Secretary 8 will read. 9 THE SECRETARY: Calendar Number 10 195, by Senator Volker, Senate Print 2010, an 11 act to amend the Criminal Procedure Law, in 12 relation to police officer statements. 13 SENATOR DUANE: Lay it aside, 14 please. 15 THE PRESIDENT: The bill is laid 16 aside. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could ring the bells now and go to the 20 controversial reading of the calendar. 21 THE PRESIDENT: The Secretary 22 will ring the bell and shortly thereafter will 23 conduct the controversial reading of the 24 calendar. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 if we could lay aside Calendar Number 195 for 3 the day. 4 THE PRESIDENT: On Calendar 5 Number 195, the bill is laid aside for the 6 day. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 is there any further business at the desk? 10 THE PRESIDENT: There is no 11 further business, Senator. 12 SENATOR SKELOS: Would you please 13 recognize Senator Valesky. 14 THE PRESIDENT: Senator Valesky. 15 SENATOR VALESKY: Mr. President, 16 I have a motion at the desk. I ask that it be 17 called up at this time. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: By Senator 21 Valesky, Senate Print 2201, Concurrent 22 Resolution of the Senate and Assembly 23 proposing amendments to Article 9 of the 24 Constitution. 25 THE PRESIDENT: On the motion,

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(518) 371-8910 1 Senator Valesky. 2 SENATOR VALESKY: Thank you, 3 Mr. President. 4 This motion would move Senate Bill 5 2201 to the floor, and it deals with a 6 prohibition on unfunded mandates. 7 I'm sure that all of the members in 8 the chamber hear regularly from local 9 government officials about the impact of 10 actions taken here in Albany on their local 11 governments and how that hamstrings their 12 ability to carry out services and how it often 13 forces them to raise property and sales taxes 14 and other means of revenue. 15 The bill that is before us, or the 16 motion that would move the bill before us to 17 the floor, proposes amending the New York 18 State Constitution to prohibit unfunded 19 mandates within reason. It is carefully 20 crafted to provide for exceptions where 21 necessary. 22 It also would create, for the first 23 time, a council on local mandates. The 24 council would be empowered to resolve any 25 disputes that would be brought by local

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(518) 371-8910 1 governments about whether a particular law is 2 considered an unfunded mandate or not. 3 I think that this would go a long 4 way toward assuring our local governments and, 5 in turn, our constituents that we here in 6 Albany are serious about controlling costs, 7 making sure that we are taking the actions 8 necessary to provide services but not 9 hampering our local governments and providing 10 undue hardship on those localities across the 11 state. 12 So, Mr. President, I encourage all 13 of my colleagues to support the motion. 14 Thank you. 15 THE PRESIDENT: The question is 16 on the motion to petition. All those in favor 17 please raise their hands. 18 THE SECRETARY: Those recorded in 19 agreement are Senators Adams, Breslin, Diaz, 20 Dilan, Duane, Gonzalez, Hassell-Thompson, 21 Huntley, C. Johnson, Klein, L. Krueger, 22 C. Kruger, Montgomery, Oppenheimer, Parker, 23 Perkins, Sabini, Sampson, Schneiderman, 24 Serrano, Smith, Savino, Stachowski, Stavisky, 25 Stewart-Cousins, Thompson and Valesky.

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(518) 371-8910 1 THE PRESIDENT: The motion is not 2 agreed to. 3 "The motion is not agreed to" is a 4 sentence that ends with a preposition that 5 will offend my 7th-grade English teacher. 6 Senator Skelos. 7 SENATOR SKELOS: If you could 8 recognize Senator Klein. 9 THE PRESIDENT: Senator Klein. 10 SENATOR KLEIN: Thank you, 11 Senator Skelos. 12 Mr. President, there's a motion at 13 the desk, and I would like to have the 14 opportunity to speak on the said motion at 15 this time. 16 THE PRESIDENT: The Secretary 17 will read. 18 THE SECRETARY: By Senator Klein, 19 Senate Print 2257, an act to amend the Elder 20 Law. 21 THE PRESIDENT: Senator Klein. 22 SENATOR KLEIN: This motion would 23 raise the income eligibility for the EPIC 24 program to $50,000 for an individual, from 25 $35,000, and to $75,000 for a married couple,

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(518) 371-8910 1 an increase from $50,000. 2 I think we all know the success of 3 the EPIC program in New York State. Sometimes 4 we do get it right. And the EPIC program is a 5 program that's lauded all over the state by 6 senior citizens, healthcare advocates, as 7 giving senior citizens the ability to save up 8 to 80 percent on their prescription drugs. 9 I think everyone here understands 10 that the price of prescription drugs is 11 constantly getting higher and higher and 12 making it more and more difficult for senior 13 citizens to purchase prescription drugs. We 14 all know, I think, unfortunately, the horror 15 stories where sometimes seniors have to choose 16 between buying food, paying rent, and their 17 high-priced prescription drugs. 18 The beauty of the EPIC program is 19 that it also can be used in conjunction with 20 any other health plan, so it's a very, very 21 effective program. 22 Years ago when we started the EPIC 23 program, one of the problems I found when I 24 was a member of the State Assembly is then the 25 income level was very, very low. It used to

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(518) 371-8910 1 be $16,500 for an individual. Luckily, 2 several years ago we raised it to $35,000. I 3 think we still need to raise it higher. 4 Although $50,000 may seem like a lot, if 5 you're a senior citizen living on a fixed 6 income and paying a lot of money for 7 prescription drugs, that $50,000 doesn't go a 8 long way. 9 The estimates that my office looked 10 at in putting together this legislation, if we 11 expand or increase the income eligibility, 12 another 22,700 individuals in New York State 13 would be eligible for the EPIC program. In my 14 district, where I represent Bronx County and 15 Westchester County, we're talking about 16 another 600 individuals in the Bronx and 17 probably another 2600 in Westchester County. 18 So clearly this is something that we need to 19 do. 20 And I think the time is now to 21 start discussing this. I don't think 22 everybody knows, but the HCRA program is about 23 to sunset this year. The HCRA program is 24 what's used to fund the EPIC program, based on 25 cigarette taxes, based on our tobacco

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(518) 371-8910 1 settlement dollars. 2 So I'm hopeful, even if we don't 3 pass this as legislation, it's something we 4 can do when we sort of revamp or take another 5 look at the HCRA program. 6 I urge all of my colleagues to vote 7 yes on this motion. 8 Thank you, Mr. President. 9 THE PRESIDENT: On the motion to 10 petition, all those in favor please indicate 11 so by raising their hands. 12 THE SECRETARY: Those recorded in 13 agreement are Senators Adams, Breslin, Diaz, 14 Dilan, Duane, Gonzalez, Hassell-Thompson, 15 Huntley, C. Johnson, Klein, L. Krueger, 16 Montgomery, Oppenheimer, Parker, Perkins, 17 Sabini, Sampson, Savino, Schneiderman, 18 Serrano, Smith, Stachowski, Stavisky, 19 Stewart-Cousins, Thompson and Valesky. 20 THE PRESIDENT: On the motion, 21 there is no agreement. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 there being no further business to come before 25 the Senate, I move we stand adjourned until

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(518) 371-8910 1 Tuesday, April 24th, at 3:00 p.m. 2 THE PRESIDENT: The Senate will 3 adjourn and will reconvene on Tuesday, 4 April 24th, at 3:00 p.m. 5 Senate is adjourned. 6 (Whereupon, at 3:41 p.m., the 7 Senate adjourned.) 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