Gaveled in 3:19 PM · Albany, New York · 2007–08 session
1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 5, 2007 11 3:19 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
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 come to order. 4 Would all assembled please rise and 5 join me in reciting our 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 the Reverend John 10 Morgan, of the International Baptist Church of 11 Brooklyn. 12 REVEREND MORGAN: Thank you. And 13 let's pray. 14 Our Heavenly Father, we are 15 grateful for the goodness of the Lord in the 16 land of the living. 17 We're grateful for these Senators, 18 for the politicians that you have put into 19 office. The Bible is clear that You have put 20 men in, and You can take them out. But You 21 put these here. I pray that You will give 22 each one wisdom that only comes from God. 23 The Bible says if you like wisdom, 24 ask of God and He'll give it to you liberally. 25 So I pray You'll give these Senators great
Candyco Transcription Service, Inc.
(518) 371-8910 1 wisdom, the wisdom of God to run our state. 2 Help our national politicians. The 3 Bible tells us to pray for all of our 4 politicians. I pray for them. I pray You'll 5 give them wisdom. 6 And I pray, because of Your working 7 in and through these people, that we will have 8 laws that will protect us. The Bible says 9 safety is of the Lord. We know that You are 10 the one that protects. But You work through 11 human beings. And so I pray that You will 12 help us to have the kind of laws to protect us 13 in all ways. 14 I pray that provision would be ours 15 as well. What a great nation we have. Thank 16 You for growing up in America, for being in 17 America. And I pray You'll continue to make 18 our nation great. 19 And I pray that You'll bless these 20 Senators' families now -- their wives, their 21 children. I know that they go through trying 22 times because of having a husband or a wife in 23 politics. So I want You to bless the families 24 of these politicians. Protect them. Provide 25 for them.
Candyco Transcription Service, Inc.
(518) 371-8910 1 And, Lord, may Your will be done 2 for our nation, for our state. I pray it 3 today in Jesus' name. Amen. 4 THE PRESIDENT: Thank you, Pastor 5 Morgan, for those wonderful thoughts. 6 The reading of the Journal. 7 THE SECRETARY: In Senate, 8 Monday, June 4, the Senate met pursuant to 9 adjournment. The Journal of Sunday, June 3, 10 was read and approved. On motion, Senate 11 adjourned. 12 THE PRESIDENT: Without 13 objection, the Journal stands approved as 14 read. 15 Presentation of petitions. 16 Messages from the Assembly. 17 Messages from the Governor. 18 Reports of standing committees. 19 Reports of select committees. 20 Communications and reports from 21 state officers. 22 Motions and resolutions. 23 Senator Nozzolio. 24 SENATOR NOZZOLIO: Thank you, 25 Mr. President.
Candyco Transcription Service, Inc.
(518) 371-8910 1 I wish to call up Print Number 2 1773, on behalf of Senator Saland, recalled 3 from the Assembly, which is now at the desk. 4 THE PRESIDENT: The Secretary 5 will read. 6 THE SECRETARY: Calendar Number 7 96, by Senator Saland, Senate Print 1773, an 8 act to amend the Education Law. 9 SENATOR NOZZOLIO: Mr. President, 10 I now move to reconsider the vote by which the 11 bill was passed. 12 THE PRESIDENT: Call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 41. 16 SENATOR NOZZOLIO: Mr. President, 17 I now offer the following amendments on behalf 18 of Senator Saland. 19 THE PRESIDENT: The amendments 20 are received and adopted, Senator Nozzolio. 21 SENATOR NOZZOLIO: Mr. President, 22 on page 4 I offer the following amendments to 23 Calendar Number 71, on behalf of Senator 24 Trunzo, Print Number 1262, and ask that said 25 bill retain its place on Third Reading
Candyco Transcription Service, Inc.
(518) 371-8910 1 Calendar. 2 THE PRESIDENT: The amendments 3 are received and adopted, Senator Nozzolio. 4 The bill will retain its place on the Third 5 Reading Calendar. 6 The chair recognizes Senator 7 Little. 8 SENATOR LITTLE: Thank you, 9 Mr. President. 10 On behalf of Senator DeFrancisco, 11 on page number 31 I offer the following 12 amendments to Calendar Number 842, Senate 13 Print Number 4878, and ask that said bill 14 retain its place on Third Reading Calendar. 15 THE PRESIDENT: Those amendments 16 are received and adopted, and the bill will 17 retain its place on the Third Reading 18 Calendar. 19 Thank you, Senator Little. 20 SENATOR LITTLE: Thank you, 21 Mr. President. 22 On behalf of Senator Young, on page 23 number 33, I offer the following amendments to 24 Calendar Number 871, Senate Print Number 5579, 25 and ask that said bill retain its place on the
Candyco Transcription Service, Inc.
(518) 371-8910 1 Third Reading Calendar. 2 THE PRESIDENT: The amendments 3 are received and adopted. The bill will 4 retain its place on the Third Reading 5 Calendar. 6 Senator Little. 7 SENATOR LITTLE: Thank you, 8 Mr. President. 9 On behalf of Senator Rath, on page 10 number 40 I offer the following amendments to 11 Calendar Number 988, Senate Print Number 5194, 12 and ask that said bill retain its place on 13 Third Reading Calendar. 14 THE PRESIDENT: Said bill will 15 retain its place on the Third Reading 16 Calendar, and the amendments are received and 17 adopted. 18 SENATOR LITTLE: Thank you. 19 THE PRESIDENT: Senator Skelos. 20 SENATOR SKELOS: Mr. President, I 21 believe there are substitutions to be made at 22 this time. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: On page 34,
Candyco Transcription Service, Inc.
(518) 371-8910 1 Senator Morahan moves to discharge, from the 2 Committee on Rules, Assembly Bill Number 3568 3 and substitute it for the identical Senate 4 Bill Number 5398, Third Reading Calendar 917. 5 On page 36, Senator Young moves to 6 discharge, from the Committee on Agriculture, 7 Assembly Bill Number 7232A and substitute it 8 for the identical Senate Bill Number 4455A, 9 Third Reading Calendar 945. 10 On page 36, Senator Young moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 7339 and substitute it 13 for the identical Senate Bill Number 5580, 14 Third Reading Calendar 947. 15 On page 42, Senator Libous moves to 16 discharge, from the Committee on Rules, 17 Assembly Bill Number 6089 and substitute it 18 for the identical Senate Bill Number 4126, 19 Third Reading Calendar 1024. 20 On page 42, Senator Seward moves to 21 discharge, from the Committee on Rules, 22 Assembly Bill Number 7199 and substitute it 23 for the identical Senate Bill Number 4133, 24 Third Reading Calendar 1026. 25 On page 53, Senator O. Johnson
Candyco Transcription Service, Inc.
(518) 371-8910 1 moves to discharge, from the Committee on 2 Environmental Conservation, Assembly Bill 3 Number 8209 and substitute it for the 4 identical Senate Bill Number 5842, Third 5 Reading Calendar 1218. 6 On page 53, Senator O. Johnson 7 moves to discharge, from the Committee on 8 Environmental Conservation, Assembly Bill 9 Number 8213 and substitute it for the 10 identical Senate Bill Number 5843, Third 11 Reading Calendar 1219. 12 On page 62, Senator C. Kruger moves 13 to discharge, from the Committee on Rules, 14 Assembly Bill Number 8193 and substitute it 15 for the identical Senate Bill Number 4538, 16 Third Reading Calendar 1325. 17 On page 55, Senator DeFrancisco 18 moves to discharge, from the Committee on 19 Judiciary, Assembly Bill Number 7369 and 20 substitute it for the identical Senate Bill 21 Number 4246, Third Reading Calendar 1350. 22 On page 66, Senator Leibell moves 23 to discharge, from the Committee on Civil 24 Service and Pensions, Assembly Bill Number 25 6538 and substitute it for the identical
Candyco Transcription Service, Inc.
(518) 371-8910 1 Senate Bill Number 4562, Third Reading 2 Calendar 1375. 3 And on page 68, Senator Volker 4 moves to discharge, from the Committee on 5 Rules, Assembly Bill Number 6634 and 6 substitute it for the identical Senate Bill 7 Number 3678, Third Reading Calendar 1406. 8 THE PRESIDENT: Substitutions 9 ordered. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could return to reports of standing 13 committees, I believe there's a Finance 14 Committee report at the desk. I ask that it 15 be taken up at this time. 16 THE PRESIDENT: Reports of 17 standing committees. 18 The Secretary will read. 19 THE SECRETARY: Senator O. 20 Johnson, from the Committee on Finance, 21 reports the following nomination. 22 As Medicaid Inspector General, 23 James G. Sheehan, of Albany. 24 THE PRESIDENT: Senator Johnson. 25 SENATOR OWEN JOHNSON: I rise to
Candyco Transcription Service, Inc.
(518) 371-8910 1 move the nomination. 2 THE PRESIDENT: On the 3 nomination, Senator Hannon. 4 SENATOR HANNON: Mr. President, I 5 would like to address the body and just give 6 you some reasons that we have come across, in 7 having conversations with Governor Spitzer's 8 recommendation, for appointment of the 9 Medicaid Inspector General. 10 James Sheehan brings a 11 distinguished record of professional 12 accomplishment in regard to looking at 13 Medicaid fraud, Medicare fraud, healthcare 14 fraud -- as a federal prosecutor, as a federal 15 prosecutor and head of the civil division in 16 Philadelphia, and then moving on to Assistant 17 Attorney General, dealing with matters that 18 were not just specific cases, although there 19 were significant achievements in that regard, 20 but also looking at topic areas such as 21 different types of billing, different types of 22 processes. 23 So what I can say as a conclusion 24 is that we as citizens of the United States 25 have benefited from what he has already done
Candyco Transcription Service, Inc.
(518) 371-8910 1 in regard to enforcing federal laws that say 2 there ought to be fair pricing, there ought to 3 be fair processes, that people who are 4 taxpayers will get the money that is and the 5 worth of their taxes that we pay through 6 Medicare and Medicaid in a good, efficient 7 healthcare system. 8 In the year 2006, this legislative 9 body, together with then-Attorney General 10 Eliot Spitzer and Governor George Pataki, 11 worked long and mightily to come up with a new 12 Medicaid Inspector General statute. That 13 statute, enhanced by what we did as 14 significant appropriations in this year's 15 budget, gives us the best chance we have ever 16 had to have a fairly good system at looking at 17 Medicaid fraud, provider fraud, recipient 18 fraud, and, accompanying with it, improper 19 payments that really should get to the credit 20 of the state's treasury. 21 In Jim Sheehan we have somebody who 22 has the managerial capacity, has the 23 prosecutorial capacity, the legal capacity to 24 bring forward an efficient office, one that's 25 going to have high hurdles to achieve because
Candyco Transcription Service, Inc.
(518) 371-8910 1 of the budgetary and FSHRP goals that we've 2 asked Medicaid fraud to turn back to the 3 state's treasury. 4 And therefore, Mr. President, I'm 5 most happy to recommend to this body that we 6 confirm Jim Sheehan to be the Medicaid 7 Inspector General. 8 THE PRESIDENT: The question is 9 on the nomination of James G. Sheehan, of 10 Albany, as New York State's Inspector General 11 for Medicaid. All those in favor please 12 indicate so by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: James G. Sheehan, 17 of Albany, who joins us today from the west 18 gallery, is hereby confirmed as the Inspector 19 General for Medicaid. He brings with him a 20 long career in law enforcement and a strong 21 healthcare background. 22 Mr. Sheehan, congratulations and 23 best of luck from all the Senators here in the 24 chamber. 25 (Applause.)
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: As director of 4 the New York State Environmental Facilities 5 Corporation, Charles J. Kruzansky, of 6 Voorheesville. 7 THE PRESIDENT: Senator Johnson. 8 SENATOR OWEN JOHNSON: I rise to 9 move the nomination. 10 THE PRESIDENT: On the 11 nomination, all those in favor please indicate 12 by saying aye. 13 (Response of "Aye.") 14 THE PRESIDENT: Opposed, nay. 15 (No response.) 16 THE PRESIDENT: The nomination is 17 confirmed. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 if we could adopt the Resolution Calendar, 21 with the exception of Resolutions 2567 and 22 2629. 23 THE PRESIDENT: All those in 24 favor of adopting the Resolution Calendar, 25 with the exceptions provided by Senator
Candyco Transcription Service, Inc.
(518) 371-8910 1 Skelos, please indicate so by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: The Resolution 6 Calendar is adopted. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there's a Resolution 2567 at the desk, by 10 Senator Golden. If we could have the title 11 read, open it up for cosponsorship, and move 12 for its immediate adoption. 13 THE PRESIDENT: Thank you, 14 Senator Skelos. 15 The Secretary will read the title. 16 THE SECRETARY: By Senator 17 Golden, Legislative Resolution Number 2567, 18 memorializing Governor Eliot Spitzer to 19 proclaim November 2007 as Alzheimer's Disease 20 Awareness Month and November 13, 2007, as 21 Memory Screening Day in the State of New York. 22 THE PRESIDENT: Senator Golden. 23 SENATOR GOLDEN: Thank you, 24 Mr. President. 25 I rise today as we are passing a
Candyco Transcription Service, Inc.
(518) 371-8910 1 resolution proclaiming November as Alzheimer's 2 Disease Awareness Month and November 13, 2007, 3 as Memory Screening Day. 4 Alzheimer's disease is a slow 5 progressive disorder of the brain that results 6 in loss of memory and other cognitive 7 functions and, in some cases, even death. 8 Alzheimer's is the eighth leading 9 cause of death in the United States and 10 affects an estimated 5 million Americans, a 11 number that is estimated to triple by 2050. 12 Alzheimer's is the 12th leading cause of death 13 in New York State for people over 65 years of 14 age. Three million seniors here today, 15 5.5 million seniors here in about 10 to 15 16 years, and two out of every four over the age 17 of 85 years of age has and will get 18 Alzheimer's. And Alzheimer's is noncurable. 19 My mom is in the beginning stages 20 of Alzheimer's. And as chairman of the State 21 Senate Aging Committee, it is important that 22 we fight the stigma associated with 23 Alzheimer's and get the individuals and their 24 caregivers the assessment tools and medical 25 care necessary to live with dignity,
Candyco Transcription Service, Inc.
(518) 371-8910 1 independence and respect. 2 I am grateful that we are joined 3 today by two individuals who are leading the 4 fight to improve the quality of care for 5 individuals with Alzheimer's disease. 6 Mr. Eric Hall is the founding chief 7 executive officer of Alzheimer's Foundation of 8 America. Mr. Hall spearheaded the development 9 of the Alzheimer's Foundation of America, 10 which includes 800 member organizations in 11 North America. And that's just in the last 12 five years. 13 Among Mr. Hall's numerous 14 accomplishments, he has rolled out three major 15 national initiatives, including AFA Quilt to 16 Remember, National Memory Screening Day, and 17 National Commemorative Candle Lighting. 18 We're also joined by Carol 19 Steinberg, executive vice president of 20 Alzheimer's Foundation of America, and 21 Ms. Steinberg is the award-winning journalist 22 and public relations professional who has 23 contributed to the formation and growth of the 24 Alzheimer's Foundation of America. 25 Ms. Steinberg's efforts to raise
Candyco Transcription Service, Inc.
(518) 371-8910 1 the public awareness of Alzheimer's have 2 helped Americans get a better understanding of 3 this debilitating disease. 4 Once again, I thank Eric and Carol 5 for joining us here today and encourage them 6 to continue the valuable service to the State 7 of New York and to the United States of 8 America. 9 And I welcome all of my colleagues 10 here today to join us on this resolution in 11 acknowledging that November is Alzheimer's 12 Disease Awareness Month and that November 13th 13 is Memory Screening Day. 14 Thank you, Mr. President. 15 THE PRESIDENT: On the 16 resolution, all those in favor please indicate 17 so by saying aye. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The resolution 22 carries for November being Alzheimer's 23 Awareness Month and November 13th being Memory 24 Screening Day. Thank you, Senator Golden. 25 Senator Golden has opened up this
Candyco Transcription Service, Inc.
(518) 371-8910 1 resolution for all. Anyone that wishes not to 2 go on the resolution can indicate so at the 3 desk. 4 Senator Little. 5 SENATOR LITTLE: Thank you, 6 Mr. President. There's a Resolution 2629 at 7 the desk, by Senator Hannon. May we please 8 have the title read and move for its immediate 9 adoption. 10 THE PRESIDENT: The Secretary 11 will read. 12 THE SECRETARY: By Senator 13 Hannon, Legislative Resolution Number 2629, 14 honoring Mary Katherine "Katie" Beckett's life 15 work on behalf of vitally needy children and 16 her service to others. 17 THE PRESIDENT: Senator Hannon. 18 SENATOR HANNON: I just want to 19 ask, Mr. President, that if anybody would like 20 to cosponsor this resolution, please just let 21 the desk know. We welcome it. 22 It's on behalf of a young woman who 23 took a personal tragedy and, with her mother, 24 managed to change the laws of this nation and 25 many other states so there's great access to
Candyco Transcription Service, Inc.
(518) 371-8910 1 healthcare, much better than there was before. 2 Thank you, Mr. President. 3 THE PRESIDENT: Senator Hannon, 4 what we will do is we will open the resolution 5 and put the names of all the members on it. 6 Any member indicating that they would not wish 7 to be on the resolution may indicate so at the 8 desk. 9 On the resolution, all those in 10 favor please indicate so by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The resolution 15 carries. 16 Senator Little. 17 SENATOR LITTLE: Thank you, 18 Mr. President. Can we please recognize 19 Senator Farley for a motion. 20 THE PRESIDENT: On a motion, 21 Senator Farley. 22 SENATOR FARLEY: It's nice to be 23 recognized. Thank you. 24 On behalf of Senator Marcellino, 25 Mr. President, I wish to call up his bill,
Candyco Transcription Service, Inc.
(518) 371-8910 1 Print Number 5157, recalled from the Assembly, 2 and it's now at the desk. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: Calendar Number 6 1189, by Senator Marcellino, Senate Print 7 5157, an act to authorize the City of Glen 8 Cove. 9 SENATOR FARLEY: Mr. President, I 10 now move to reconsider the vote by which this 11 bill was passed. 12 THE PRESIDENT: The Secretary 13 will call the roll on reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 56. 16 THE PRESIDENT: Senator Farley. 17 SENATOR FARLEY: Mr. President, I 18 now offer the following amendments. 19 THE PRESIDENT: The amendments 20 are received and adopted, Senator Farley. 21 SENATOR FARLEY: Mr. President, 22 on behalf of Senator Saland, I wish to call up 23 his bill, Print Number 1092A, recalled from 24 the Assembly, and it's now at the desk. 25 THE PRESIDENT: The Secretary
Candyco Transcription Service, Inc.
(518) 371-8910 1 will read. 2 (The Secretary called the roll.) 3 THE SECRETARY: Calendar Number 4 128, by Senator Saland, Senate Print 1092A, an 5 act to amend the Executive Law and the General 6 Business Law. 7 THE PRESIDENT: Senator Farley. 8 SENATOR FARLEY: I now move to 9 reconsider the vote by which this bill was 10 passed. 11 THE PRESIDENT: Call the roll on 12 reconsideration. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 56. 15 SENATOR FARLEY: Mr. President, I 16 now offer the following amendments. 17 THE PRESIDENT: The amendments 18 are received and adopted, Senator Farley. 19 The chair recognizes Senator 20 Little. 21 SENATOR LITTLE: Thank you. 22 Mr. President, may we please have the 23 noncontroversial reading of the calendar. 24 THE PRESIDENT: The Secretary 25 will conduct the noncontroversial reading of
Candyco Transcription Service, Inc.
(518) 371-8910 1 the calendar. 2 THE SECRETARY: Calendar Number 3 174, by Senator Lanza, Senate Print 2175, an 4 act to amend the Retirement and Social 5 Security Law. 6 THE PRESIDENT: The Secretary 7 will read the last section. 8 THE SECRETARY: Section 4. This 9 act shall take effect immediately. 10 THE PRESIDENT: The Secretary 11 will call the roll. 12 (The Secretary called the roll.) 13 THE PRESIDENT: Announce the 14 results. 15 THE SECRETARY: Ayes, 56. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 221, by Senator Nozzolio -- 20 SENATOR DUANE: Lay it aside, 21 please. 22 THE PRESIDENT: The bill is laid 23 aside. 24 THE SECRETARY: Calendar Number 25 395, by Senator Leibell, Senate Print 3637, an
Candyco Transcription Service, Inc.
(518) 371-8910 1 act to amend the Executive Law. 2 THE PRESIDENT: 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, 55. Nays, 8 1. Senator Duane recorded in the negative. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 450, by Senator Padavan, Senate Print 738, an 13 act to amend the Administrative Code of the 14 City of New York. 15 THE PRESIDENT: Last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 56. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar Number 24 451, by Senator Padavan, Senate Print 739, an 25 act to amend the Administrative Code of the
Candyco Transcription Service, Inc.
(518) 371-8910 1 City of New York. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 56. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 478, by Senator LaValle, Senate Print 2129, an 13 act to amend the Highway Law. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 56. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 553, by Senator Marcellino, Senate Print 1558, 24 an act to amend the Environmental Conservation 25 Law.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 676, by Senator Little, Senate Print 1100, an 12 act to amend the Navigation Law. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first of April. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 685, by Senator Rath, Senate Print 3990, an 24 act to amend the Parks, Recreation and 25 Historic Preservation Law.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 56. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 714, by Senator Larkin, Senate Print 1046, an 12 act to amend the Agriculture and Markets Law. 13 THE PRESIDENT: Last 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, 57. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 718, by Senator Young, Senate Print 4454, an 23 act to amend the Agriculture and Markets Law 24 and the Real Property Tax Law. 25 THE PRESIDENT: Last section.
Candyco Transcription Service, Inc.
(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, 57. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 727, by Senator Young, Senate Print 367, an 10 act to amend the Social Services Law. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 57. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 760, by Senator Trunzo, Senate Print 561, an 21 act to amend the Vehicle and Traffic Law. 22 THE PRESIDENT: Read the last 23 section. 24 THE SECRETARY: Section 2. This 25 act shall take effect on the first of
Candyco Transcription Service, Inc.
(518) 371-8910 1 November. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 771, by Senator Libous, Senate Print 3550, an 9 act to amend the Vehicle and Traffic Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 30th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 775, by Senator Little, Senate Print 4242, an 21 act to amend the Navigation Law. 22 THE PRESIDENT: Last section. 23 THE SECRETARY: Section 10. This 24 act shall take effect immediately. 25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 58. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 839, by Senator Griffo, Senate Print -- 7 SENATOR DUANE: Lay it aside, 8 please. 9 THE PRESIDENT: The bill is laid 10 aside. 11 THE SECRETARY: Calendar Number 12 872, by Senator Young, Senate Print 386, an 13 act to amend the Vehicle and Traffic Law. 14 THE PRESIDENT: Last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the 180th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 875, by Senator Fuschillo, Senate Print 3853, 24 an act to amend the Vehicle and Traffic Law. 25 THE PRESIDENT: Last section.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Section 3. This 2 act shall take effect on the 120th day. 3 THE PRESIDENT: The Secretary 4 will call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 917, substituted earlier today by Member of 11 the Assembly Lifton, Assembly Print Number 12 3568, an act to amend -- 13 SENATOR LITTLE: Lay it aside for 14 the day, please. 15 THE PRESIDENT: The bill is laid 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 942, by Senator Larkin, Senate Print 343, an 19 act to amend the Agriculture and Markets Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 13. This 23 act shall take effect on the 180th day. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Duane recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 945, substituted earlier today by Member of 7 the Assembly Magee, Assembly Print Number 8 7232A, an act to amend the Agriculture and 9 Markets Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes, 59. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 947, substituted earlier today by Member of 22 the Assembly Magee, Assembly Print Number 23 7339, an act to amend the Agriculture and 24 Markets Law. 25 THE PRESIDENT: Read the last
Candyco Transcription Service, Inc.
(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, 59. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 979, by Senator Seward -- 11 SENATOR DUANE: Lay it aside, 12 please. 13 THE PRESIDENT: The bill is laid 14 aside by the Acting Minority Leader, Senator 15 Duane. 16 THE SECRETARY: Calendar Number 17 998, by Senator Maltese, Senate Print 1768A, 18 an act to amend the Environmental Conservation 19 Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Ayes, 58. Nays, 2 1. Senator Winner recorded in the negative. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1024, substituted earlier today by Member of 7 the Assembly Lupardo, Assembly Print Number 8 6089, an act to amend the Tax Law. 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, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1025, by Senator Libous, Senate Print 4127, an 20 act to amend the Tax 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.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1026, substituted earlier today by Member of 7 the Assembly Lifton, Assembly Print Number 8 7199, an act to amend the Tax Law. 9 THE PRESIDENT: Read the last 10 section, please. 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, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1077, by Senator Fuschillo, Senate Print 4722, 20 an act to amend the Education Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of April. 25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1087, by Senator Trunzo, Senate Print 883, an 7 act to amend the Correction Law. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 59. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1118, by Senator DeFrancisco, Senate Print 19 4877, an act to amend the Domestic Relations 20 Law and the Family Court Act. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 3. This 24 act shall take effect on the 30th day. 25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1135, by Senator Little, Senate Print 5704A, 7 an act to amend the General Municipal Law and 8 the Town Law. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 10. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 59. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1183, by Senator Volker, Senate Print 2676, an 20 act to amend the Local Finance Law. 21 THE PRESIDENT: There is a 22 home-rule message at the desk. 23 Read the last 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, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1218, substituted earlier today by Member of 8 the Assembly Sweeney, Assembly Print Number 9 8209, an act to amend the Environmental 10 Conservation Law. 11 THE PRESIDENT: Read the last 12 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, 58. Nays, 18 1. Senator Duane recorded in the negative. 19 THE PRESIDENT: The bill is 20 passed. 21 The Secretary will read. 22 THE SECRETARY: Calendar Number 23 1219, substituted earlier today by Member of 24 the Assembly Weisenberg, Assembly Print Number 25 8213, an act to amend the Environmental
Candyco Transcription Service, Inc.
(518) 371-8910 1 Conservation Law. 2 THE PRESIDENT: Read the last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 59. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 1220, by Senator Young, Senate Print 389, an 13 act to amend the Criminal Procedure Law. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1220 are 22 Senators Connor, Duane, Gonzalez, 23 Hassell-Thompson, Perkins and Schneiderman. 24 Ayes, 54. Nays, 6. 25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1222, by Senator Farley, Senate Print 1295, an 4 act to amend the Civil Rights 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, 58. Nays, 12 2. Senators Connor and Duane recorded in the 13 negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1224, by Senator Padavan, Senate Print 1601, 18 an act to amend the Penal Law, the Vehicle and 19 Traffic Law, and the Criminal Procedure Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 10. 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 SECRETARY: Ayes, 58. Nays, 3 2. Senators Duane and Hassell-Thompson 4 recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1236, by Senator Golden, Senate Print 3441, an 9 act to amend the Penal Law. 10 THE PRESIDENT: Read the last 11 section. 12 THE SECRETARY: Section 3. 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, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1241, by Senator Padavan, Senate Print 4209, 22 an act to amend the Penal Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 4. This
Candyco Transcription Service, Inc.
(518) 371-8910 1 act shall take effect on the first of 2 November. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE PRESIDENT: Senator 6 Hassell-Thompson, to explain her vote. 7 SENATOR HASSELL-THOMPSON: Thank 8 you, Mr. President. 9 I had asked this bill to be laid 10 aside yesterday because I had some questions 11 on the bill. Having spoken with the sponsor 12 since, I'm going to be voting on the bill. 13 But I am very disappointed because 14 the original origin of this bill came from the 15 City of Mount Vernon and the final print does 16 not include any municipality outside of 17 New York City. So I will be working hopefully 18 to get a bill that will pass to go beyond the 19 environs of New York City. 20 Thank you, Mr. President. 21 THE PRESIDENT: Your vote, 22 Senator? 23 SENATOR HASSELL-THOMPSON: I'm 24 voting for, Mr. President. 25 THE PRESIDENT: Senator
Candyco Transcription Service, Inc.
(518) 371-8910 1 Hassell-Thompson will be recorded in the 2 affirmative. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: Ayes, 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1242, by Senator Volker, Senate Print 4954, 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, 60. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1243, by Senator Volker, Senate Print 5026, an 23 act to amend the Penal Law. 24 THE PRESIDENT: Read the last 25 section.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 60. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 1246, by Senator LaValle, Senate Print 5159, 11 an act to amend the Criminal Procedure Law. 12 THE PRESIDENT: Please read the 13 last 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, 60. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 1262, by Senator Fuschillo, Senate Print 5131, 23 an act to amend the Insurance Law. 24 THE PRESIDENT: Read the last 25 section.
Candyco Transcription Service, Inc.
(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, 60. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1277, by Senator Marcellino, Senate Print 10 5305A, an act to amend the Navigation Law. 11 THE PRESIDENT: Read the last 12 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, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1284, by Senator Leibell, Senate Print 4697, 22 an act to amend the Real Property Tax Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910 1 act shall take effect January 3, 2008. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1285, by Senator Flanagan, Senate Print 9 5571 -- 10 SENATOR DUANE: Lay it aside, 11 please. 12 THE PRESIDENT: The bill is laid 13 aside. 14 THE SECRETARY: Calendar Number 15 1294, by Senator Maltese, Senate Print 5764, 16 an act to amend the Real Property Tax Law. 17 THE PRESIDENT: Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 59. Nays, 24 1. Senator Bonacic recorded in the negative. 25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910 1 passed. 2 THE SECRETARY: Calendar Number 3 1295, by Senator Lanza, Senate Print 5801, an 4 act to amend the General Municipal Law. 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, 60. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 1305, by Senator Volker, Senate Print 4704A -- 16 SENATOR LITTLE: Lay it aside for 17 the day, please. 18 THE PRESIDENT: The bill is laid 19 aside for the day. 20 THE SECRETARY: Calendar Number 21 1309, by Senator DeFrancisco, Senate Print 22 5769, Concurrent Resolution of the Senate and 23 Assembly proposing an amendment to Section 1 24 of Article 6 of the Constitution. 25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 THE PRESIDENT: The resolution 4 carries. 5 THE SECRETARY: Calendar Number 6 1311, by Senator Nozzolio, Senate Print 590, 7 an act to amend the Education 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, 60. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1314, by Senator LaValle, Senate Print 5476A, 19 an act to amend the Education Law. 20 THE PRESIDENT: Read the last 21 section. 22 SENATOR LITTLE: Lay it aside for 23 the day, please. 24 THE PRESIDENT: The bill is laid 25 aside for the day at the request of the Acting
Candyco Transcription Service, Inc.
(518) 371-8910 1 Majority Leader, Senator Little. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 1325, substituted earlier today by Member of 5 the Assembly Weinstein, Assembly Print Number 6 8193, an act to amend the Criminal Procedure 7 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, 60. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1332, by Senator Volker, Senate Print 5763, an 19 act to amend the Criminal Procedure Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1334, by Senator DeFrancisco, Senate Print 6 1265, an act to amend the Public Health Law. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 180th day. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1348, by Senator Flanagan, Senate Print 839, 18 an act to amend the State Finance Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the 90th day. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1350, substituted earlier today by Member of 5 the Assembly Destito, Assembly Print Number 6 7369, an act to amend the Judiciary 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: Ayes, 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1352, by Senator Padavan, Senate Print 4487A, 18 an act to amend the General Business Law. 19 THE PRESIDENT: Read the last 20 section. 21 THE SECRETARY: Section 4. This 22 act shall take effect on the 180th day. 23 THE PRESIDENT: Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 1365, by Senator Maltese, Senate Print 1238A, 5 an act to amend the General Municipal Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the first of July 10 next succeeding. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 60. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 1368, by Senator Padavan, Senate Print 2486, 18 an act to amend the Retirement and Social 19 Security Law. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Ayes, 60. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 1375, substituted earlier today by Member of 6 the Assembly Abbate, Assembly Print Number 7 6538, an act to amend the Retirement and 8 Social Security Law. 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, 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1388, by Senator Robach, Senate Print 4101, an 20 act to amend the Civil Service Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 7. This 24 act shall take effect on the 90th day. 25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 60. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 1389, by Senator Golden, Senate Print 4920, an 7 act to amend the Civil Service 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, 60. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 1396, by Senator Larkin, Senate Print 5751, an 19 act to authorize the Village of 20 Cornwall-on-Hudson. 21 THE PRESIDENT: There is a 22 home-rule message at the desk. 23 The Secretary will read the last 24 section. 25 THE SECRETARY: Section 3. This
Candyco Transcription Service, Inc.
(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, 60. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1406, substituted earlier today by Member of 9 the Assembly Burling, Assembly Print Number 10 6634, an act to amend the Tax Law. 11 THE PRESIDENT: Read the last 12 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, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1408, by Senator Nozzolio, Senate Print -- 22 THE PRESIDENT: Senator Connor, 23 did you want to explain your vote on the 24 previous bill? 25 SENATOR CONNOR: No, on this one,
Candyco Transcription Service, Inc.
(518) 371-8910 1 I'm sorry. 2 THE PRESIDENT: We'll be right 3 with you. 4 THE SECRETARY: Calendar Number 5 1408, by Senator Nozzolio, Senate Print 3919, 6 an act to amend the State Law. 7 SENATOR CONNOR: Thank you, 8 Mr. President, to explain my vote. 9 This bill would designate sweet 10 corn as the state vegetable, and I have a 11 problem with that. And I know it's popular, 12 and I hesitate to vote against it for fear 13 I'll be roasted or creamed or stalked because 14 of it -- 15 (Laughter.) 16 SENATOR CONNOR: -- but I find 17 there's not a kernel of truth in this bill. 18 Because as everyone knows, corn is 19 a grain. And I would propose that we make 20 sweet corn New York State's official grain. 21 And having once been at the 22 Sauerkraut Festival in Phelps, New York, the 23 Sauerkraut Capital of the United States, I 24 would propose we make the cabbage the state 25 vegetable.
Candyco Transcription Service, Inc.
(518) 371-8910 1 So that being said, Mr. President, 2 I'm going to vote no. Thank you. 3 THE PRESIDENT: Senator Connor, 4 we will accept that as your explanation. We 5 haven't actually gotten to the roll call. But 6 when we do, that will be your explanation. 7 You may be roasted or creamed, but 8 I doubt you'll be stalked. 9 (Laughter.) 10 THE PRESIDENT: The Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Senator Stavisky, 17 to explain her vote. 18 SENATOR STAVISKY: Yes, I'd like 19 to commend Senator Connor on his corny 20 comments. He's got us all steamed up, and I 21 vote no. 22 (Laughter.) 23 THE PRESIDENT: Senator Stavisky 24 will be recorded in the negative on Calendar 25 Number 1408.
Candyco Transcription Service, Inc.
(518) 371-8910 1 The Secretary will announce the 2 results. 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 1408 are 5 Senators Connor, Dilan, Hassell-Thompson, 6 Huntley, Klein, L. Krueger, Montgomery, 7 Perkins, Sabini, Sampson, Schneiderman, 8 Serrano, Stavisky and Stewart-Cousins. 9 Ayes, 46. Nays, 14. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 1411, by Senator Winner, Senate Print 4426, an 14 act to amend the Tax Law. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 THE PRESIDENT: The bill is 23 passed. 24 THE SECRETARY: Calendar Number 25 1412, by Senator Griffo, Senate Print --
Candyco Transcription Service, Inc.
(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 THE PRESIDENT: The bill is laid 4 aside. 5 THE SECRETARY: Calendar Number 6 1413, by the Senate Committee on Rules, Senate 7 Print Number 4861, an act to amend the Tax 8 Law. 9 THE PRESIDENT: The Secretary 10 will read the last 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, 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1414, by the Senate Committee on Rules, Senate 20 Print Number 5029, an act to amend the Tax 21 Law. 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, 60. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 1415, by Senator Wright, Senate Print 5054, an 8 act to amend the Tax Law. 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, 60. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 1417, by Senator Padavan, Senate Print 93, an 20 act to amend the Vehicle and Traffic Law. 21 THE PRESIDENT: Read the last 22 section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of 25 November.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. Nays, 4 1. Senator Duane recorded in the negative. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 1419, by Senator Marcellino, Senate Print 9 634A, an act to amend the Vehicle and Traffic 10 Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 120th day. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1420, by Senator Trunzo, Senate Print 886, an 22 act to amend the Vehicle and Traffic Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910 1 act shall take effect on the 180th day. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 59. Nays, 5 1. Senator Duane recorded in the negative. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 1423, by Senator Trunzo, Senate Print 1486, an 10 act to amend the Vehicle and Traffic Law. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. 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, 60. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 1442, by Senator Bruno, Senate Print 6020 -- 22 SENATOR DUANE: Lay it aside. 23 THE PRESIDENT: The bill is laid 24 aside. 25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910 1 1443, by Senator Skelos, Senate Print 6015, an 2 act to authorize and direct the Department of 3 Environmental Conservation. 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, 60. 11 THE PRESIDENT: The bill is 12 passed. 13 Senator Little, that completes the 14 noncontroversial reading of the calendar. 15 (Brief pause in proceedings.) 16 ACTING PRESIDENT LITTLE: Senator 17 Bruno. 18 SENATOR BRUNO: Madam President, 19 can we at this time take up the controversial 20 calendar, starting with Calendar 1442. 21 ACTING PRESIDENT LITTLE: Thank 22 you. 23 The Secretary will ring the bell 24 and read Calendar 1442. 25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910 1 1442, by Senator Bruno, Senate Print 6020, 2 Concurrent Resolution of the Senate and 3 Assembly proposing amendments to the 4 Constitution. 5 ACTING PRESIDENT LITTLE: Senator 6 Bruno. 7 SENATOR BRUNO: Madam President, 8 the issue before us relates to the public 9 good, and that being the opportunity for the 10 people of this state to vote on issues that 11 are important to the general public, referred 12 to as initiative and referendum. 13 We have in this chamber passed this 14 resolution several times. In order for this 15 initiative and referendum to become law of 16 New York State and join half of the other 17 states in the United States that have some 18 form of initiative and referendum, you all 19 know that this resolution would have to pass 20 both houses in two separately elected 21 legislatures and then go before the public on 22 November ballot. And the earliest that that 23 could happen would be '09, in November of '09, 24 given second passage. 25 Now, we have passed this. The
Candyco Transcription Service, Inc.
(518) 371-8910 1 Assembly has not passed it at all. 2 This is an important piece of 3 legislation, important to the people of this 4 state because of many issues that are 5 critically important that are never taken up 6 in the Legislature. They're not taken up for 7 whatever reasons -- political reasons, 8 personal reasons on the parts of leaders, 9 members. 10 The public ought to have a final 11 say on issues like doing away with property 12 taxes, doing away with property taxes in 13 New York State. Now, would that ever come 14 before the Assembly? Senator Fuschillo is 15 shaking his head; he says no. I agree with 16 Senator Fuschillo, as usual. And Senator 17 Bonacic. Do any of you think that would come 18 for a vote? I doubt it. 19 Now, would it be fair to put this 20 before the public? Just an issue that comes 21 to mind that's critically important. Now, why 22 can't we allow the public of New York State, 23 the majority of the people, to have a vote, to 24 have a say directly on issues that would 25 qualify for referendum? That's the issue
Candyco Transcription Service, Inc.
(518) 371-8910 1 before us. 2 Many of you have supported this 3 before. And I would -- don't want to guess or 4 assume, but it's good government, it's good 5 judgment, it's the right thing to do. And, 6 Madam President, I would encourage my 7 colleagues to vote in favor of this 8 resolution, which is first passage, first 9 passage that would help if the Assembly will 10 join us, then do it in the next election, get 11 this issue before the voters in November of 12 '09. 13 Thank you, Madam President. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Bruno. 16 Is there any other Senator that 17 wishes to speak on the concurrent resolution 18 before us? 19 (No response.) 20 ACTING PRESIDENT LITTLE: The 21 Secretary will ring the bell. 22 Senator Larkin. 23 SENATOR LARKIN: Thank you, Madam 24 President. And I want to thank the Majority 25 Leader for putting this on the floor.
Candyco Transcription Service, Inc.
(518) 371-8910 1 We've been hearing for the past two 2 years, people campaigning around this state: 3 We want transparency, we want the people 4 involved, I want to see the people have the 5 opportunity to do this, I want people to be 6 involved, they should be -- everything should 7 be open to the public, the people of this 8 state should have the power to do it. 9 Well, here's a good example of what 10 we can do. Last year it passed this house 11 50-something to 10. What are we saying to the 12 people of the State of New York when this 13 house, people won't vote for it, and in the 14 other house they probably wouldn't even print 15 it? 16 Are they scared of the public? Are 17 they scared of the people that sent them here, 18 that you said, I will go and represent you in 19 Albany, but don't tell me how to do any bills, 20 don't tell me how to do any of this, I know 21 better than you? 22 And what does it all add up to? It 23 adds up to saying what we preach is not what 24 you believe in. I'm very disgusted when I see 25 people who say initiative and referendum is
Candyco Transcription Service, Inc.
(518) 371-8910 1 not any good. Why isn't it any good? 2 First of all, you don't want what 3 the public is going to vote on it. But you're 4 going to give them two chances at the bell -- 5 this year, next year. And what we will have 6 to do is clearly say to the people this is the 7 grounds for initiative and referendum. 8 And I don't know exactly how many 9 states, but there are many across this nation 10 that have it. And I don't hear from any of 11 them that say it's a bad bill. I don't have 12 any of them that says it doesn't work. I 13 would like for somebody on the other side or 14 in the Assembly to tell me why it's a bad 15 bill, why it won't work. 16 I'll get to you later. 17 But here's an opportunity to tell 18 the people: You elected me, I'm proud to 19 represent you, and I'm not ashamed to put my 20 name on an initiative and referendum bill. 21 I'm not ashamed because I'm doing what you 22 sent me here to the State Capitol to do. 23 But all of a sudden, well, you 24 know, it's not transparent enough. Oh, it's 25 this, it's that. You know what it is? You're
Candyco Transcription Service, Inc.
(518) 371-8910 1 afraid to skin. And when I say that I mean 2 you don't have the courage to vote to let your 3 people who sent you to say a message to you. 4 As Senator Bruno said, they may want you to 5 add something or delete something. Why not 6 give them the chance? 7 This is a chance for bravery. This 8 is a chance for leadership. Either stand up 9 for your people or step down. 10 ACTING PRESIDENT LITTLE: Thank 11 you, Senator Larkin. 12 Senator Nozzolio. 13 SENATOR NOZZOLIO: Madam 14 President, on the bill. 15 ACTING PRESIDENT LITTLE: On the 16 resolution. 17 SENATOR NOZZOLIO: On the 18 resolution. Thank you, Madam President. 19 My colleagues, I rise to support 20 this legislation. It is in fact the type of 21 reform that is talked about in this chamber, 22 in the other chamber, and across this state, 23 in the sense that we want our government to be 24 open and transparent and we want our 25 government to be responsive to the people it
Candyco Transcription Service, Inc.
(518) 371-8910 1 is designed to serve. 2 My favorite quotation from the 3 United States Supreme Court is that of Justice 4 Brandeis, who said in these United States the 5 highest public office is that of private 6 citizen. 7 The private citizens of this state 8 and this nation should have all opportunity to 9 directly participate in the democratic 10 process. For the last few weeks we've been 11 celebrating, commemorating the sacrifices of 12 those who shed their blood to provide us the 13 rights that we hold dearly in this democratic 14 society. 15 But I believe New York is behind 16 the times and behind many states. Virtually 17 half the states of this country have 18 initiative and referendum. New York is the 19 largest state that does not have initiative 20 and referendum. And that we as a Legislature 21 should provide our citizens with that 22 opportunity to directly participate in issues 23 of importance to them. 24 We need to encourage citizen 25 participation at the ballot box. This is an
Candyco Transcription Service, Inc.
(518) 371-8910 1 excellent way to do it. We need to encourage 2 our citizens to be involved in every aspect of 3 their democracy. Initiative and referendum 4 eliminates or reduces the couch-potato 5 democracy, in the sense that we cannot sit 6 back and let others take care of the 7 government. We need to get citizens off the 8 couch, onto their ballot boxes, into the 9 issues and discussions of the day. 10 And this procedure in New York 11 State is sorely needed. That's why, Madam 12 President, I support it fully and I will work 13 for its passage. 14 ACTING PRESIDENT LITTLE: Thank 15 you, Senator Nozzolio. 16 Could we have it quiet, please, 17 while the Senators are speaking. 18 Senator Libous. 19 SENATOR LIBOUS: Are we on the 20 vote now, or are we on the bill still? 21 ACTING PRESIDENT LITTLE: On the 22 resolution. 23 SENATOR LIBOUS: On the 24 resolution. Thank you, Madam President. 25 I want to rise and join my
Candyco Transcription Service, Inc.
(518) 371-8910 1 colleagues and certainly thank Senator Bruno 2 for having the courage to bring this to the 3 floor year after year. 4 And the frustration that I think 5 many of us have in this chamber because the 6 Assembly fails to take any action, it's the 7 same frustration that our constituents have. 8 It's the same frustration that they have when 9 we're at home in our districts and they wonder 10 why the Legislature can't get a bill passed, 11 why it passes the Senate and doesn't pass the 12 Assembly, why a number of different types of 13 what they call commonsense legislation can't 14 pass in both houses. 15 This is common sense. This gives 16 the people who sent us here an opportunity to 17 break the gridlock that happens in Albany -- 18 the gridlock, as Senator Bruno said, because 19 of personalities, because of politics. 20 Certainly we are elected to come 21 here and make decisions, and I think for the 22 most part the public respects that. But there 23 are a number of big issues that are 24 frustrating the people who live in this state, 25 whether it pertains to property taxes, whether
Candyco Transcription Service, Inc.
(518) 371-8910 1 it pertains to where I live and the upstate 2 economy, whether it pertains to the death 3 penalty for cop killers. There are a number 4 of frustrating issues that they would like to 5 see resolved, they'd like to see some action 6 on. 7 And it's the inaction that take 8 place in the other house that frustrates them. 9 It's the inaction on many of those issues. 10 Because if you follow those issues that I 11 mentioned, or if you follow a whole host of 12 issues that people care about, they're usually 13 addressed in this house, but for whatever 14 reason they go nowhere in the Assembly. 15 That's why it's time for citizen 16 participation. That's why it's time for the 17 people who elect us to have a say in the 18 government that's gridlocked. 19 Mr. President, this is a good 20 resolution, and it should pass unanimously 21 because it's common sense. 22 ACTING PRESIDENT LITTLE: Thank 23 you, Senator Libous. 24 Senator Oppenheimer. 25 SENATOR OPPENHEIMER: I just see
Candyco Transcription Service, Inc.
(518) 371-8910 1 this as being so uncommon sense, and let me 2 tell you why. 3 I don't think any of you have ever 4 experienced what I did, so I think I should 5 relate it. About 25 years ago we in 6 Westchester County decided that we were fed up 7 with Con Ed rates and that we were going to go 8 for a Westchester Power Authority. And we put 9 it -- made it into a referendum and we started 10 to lobby for it, going around to each of our 11 communities trying to engender interest -- we 12 got the interest, but trying to engender some 13 contributions that would help us in our 14 campaign. 15 Well, we thought that everybody was 16 going to jump on and help us out because this 17 was to their advantage. But then Con Ed got 18 in the game. And the amount of money that 19 flowed from the coffers of Con Ed took away 20 all our citizen participation efforts -- and 21 we had a lot of people who were dedicated to 22 trying to make our own power authority. 23 So having experienced that, I say 24 if you're up against any of our major 25 corporations, which is very likely would
Candyco Transcription Service, Inc.
(518) 371-8910 1 happen in a referendum, that you are going to 2 be outspent like a thousand to one. And it's 3 hard enough for us as individual candidates to 4 get contributions from the citizenry out 5 there, but just try and do it on an issue -- 6 even an issue that would have really benefited 7 them financially. We were showing we could 8 really cut their power costs. 9 So having experienced that, and 10 also just looking at California and seeing 11 that there are so many -- there's so many 12 risks in opening this up. And legal rights 13 and protections that have been very long 14 fought for. 15 So I think it is not common sense, 16 I think it's very uncommon sense. I'll be 17 voting no. 18 ACTING PRESIDENT LITTLE: Thank 19 you, Senator. 20 Senator Diaz. 21 SENATOR DIAZ: Thank you, Madam 22 President. On the bill. 23 ACTING PRESIDENT LITTLE: On the 24 resolution, Senator. 25 SENATOR DIAZ: You know, this is
Candyco Transcription Service, Inc.
(518) 371-8910 1 one of those bills that I question why they 2 have been put aside. It's a good bill. And 3 then I hear the other side, the Republican 4 side, talking to us like we were opposing the 5 bill. 6 On June 15, 2005, this piece of 7 legislation came to the floor and we passed it 8 56 to 5. Last year, on June 6, 2006, the bill 9 came back to us and we approved it 51 to 10. 10 So, you know, this bill has the majority 11 support in this house. We Democrats, we on 12 this side have joined you there to approve the 13 bill. So what are we talking about, lecturing 14 whom? 15 So I congratulate Senator Bruno. 16 It's a good piece of legislation. But, ladies 17 and gentlemen, you know, when we talk, we 18 might talk praising the sponsor for the great 19 piece of legislation, but it doesn't need 20 lectures. We are supporting the bill. The 21 bill has passed two years in a row in this 22 house. We are for this bill. The majority of 23 us, again, I'm saying we are supporting the 24 bill. 25 So congratulations, Senator Bruno,
Candyco Transcription Service, Inc.
(518) 371-8910 1 congratulations to all the members. And 2 please let's continue with other issues. This 3 bill has our support. 4 ACTING PRESIDENT LITTLE: Thank 5 you, Senator. 6 Senator Robach. 7 SENATOR ROBACH: Yes, Madam 8 President. 9 I too join to support this. You 10 know, I've always said it's my honor and 11 privilege to represent the people in my 12 district, and I really -- I mean that 13 sincerely. And I think that this is just the 14 ability to extend that representation to them, 15 to let them have that voice. 16 And ironically, I couldn't -- I 17 understand the difficulty with decision 18 making, but I couldn't disagree more with my 19 colleague from Westchester. While I may not 20 like the outcome of what people decide, that's 21 clearly their prerogative. And I do 22 understand that there are some pitfalls on who 23 has resources and who doesn't. But 24 ultimately, empowering people on important 25 issues to vote directly is critically
Candyco Transcription Service, Inc.
(518) 371-8910 1 important. 2 And I know there's been a lot of 3 people in this room who have joined me. It's 4 very concerning to me that we have to deal 5 with more and more important issues or things 6 that government does that impacts lives, 7 whether it's almost becoming fully responsible 8 for healthcare, other issues, things that 9 really affect people's lives. It would seem 10 to me people would think government is even 11 more important. 12 Yet we know the voting trend is 13 going the opposite way. About half the people 14 that can vote get registered. About half of 15 those turn out on a normal election year. So 16 we have 25 percent of the people feeling their 17 vote is really important or empowering 18 themselves. 19 I really believe that initiative 20 and referendum gives them even more incentive 21 to be directly involved in the legislative 22 process. It's just one more reason why we 23 should do this. 24 This is ultimately power to the 25 people. I say right on, Eric Schneiderman.
Candyco Transcription Service, Inc.
(518) 371-8910 1 So I'll be casting my vote in the affirmative. 2 And hopefully we will also get some action in 3 the other house as well. 4 Thank you, Madam President. 5 ACTING PRESIDENT LITTLE: Thank 6 you, Senator. 7 Senator Connor. 8 SENATOR CONNOR: Thank you, Madam 9 President. 10 It's indeed an interesting day when 11 the Republican party in this house abandons 12 republicanism with a small "R" and embraces 13 democracy with a small "D". 14 I'm going to go along with it. But 15 I think if you look at the history of 16 initiative and referendum, it started in 17 Western states as a democratic revolt against 18 the established powers that controlled the 19 legislatures. 20 And I on this floor years ago heard 21 members on the other side of the aisle lecture 22 us about New York is a republic and we are 23 governed through elected representatives who 24 use their judgment. And that's the 25 very-small-C conservative system that our
Candyco Transcription Service, Inc.
(518) 371-8910 1 founding fathers, because they were all male, 2 embraced. 3 And the fact is, watch what you 4 wish for. Because when I go back to my 5 district, people say: The Assembly passed 6 this bill to help tenants or to limit rents 7 and the Senate won't even take it up. Or they 8 say: The Assembly passed this gun control 9 bill, but the Senate won't take it up. Or 10 they say the Assembly has acted on this, that 11 and the other thing, but the Senate won't take 12 it up. So just watch what you wish for, 13 because there are two sides to all these 14 issues. 15 I can see initiative and 16 referendum, very popular initiative: cut 17 legislators' pay in half. For all the wrong 18 reasons, for all the wrong reasons, the public 19 would run at that. Particularly when the 20 press keeps calling us part-time legislators, 21 when all of us, whether you have some outside 22 occupation or not, spend well more than 23 40 hours a week doing this job. 24 So watch what you wish for. If 25 it's going to be direct democracy, you're
Candyco Transcription Service, Inc.
(518) 371-8910 1 going to get it, somebody will want term 2 limits, somebody will want pay cuts, somebody 3 will want to abolish all taxes and leave us 4 with a budget to fashion with no revenue. But 5 if this is what the Republican party in this 6 house embraces, it's democracy. And I'm a 7 Democrat, and I'll vote for it. 8 ACTING PRESIDENT LITTLE: Thank 9 you, Senator. 10 Senator Montgomery. 11 SENATOR MONTGOMERY: Yes, thank 12 you, Madam President. Just briefly on the 13 bill. 14 I'm going to oppose the bill. I 15 have opposed it in the past. And one of the 16 issues that I take very seriously is the issue 17 raised by Senator Oppenheimer, and that is in 18 many instances -- in fact, in all of the 19 instances that I'm aware of where states, any 20 state or any locality has the option for this 21 kind of open access to change government, the 22 money is what drives the decision. 23 And even, as Senator Oppenheimer 24 has indicated, even when it is not in the 25 interests of the public, if there is enough
Candyco Transcription Service, Inc.
(518) 371-8910 1 money opposing or supporting whatever it is -- 2 i.e., in the instances that we know of in the 3 state of California, where the issue of the 4 referendum has driven a criminal justice law 5 that is sinking the state to the point where 6 the Governor is asking for some repeal because 7 of the problems raised by the referendum on 8 three-strikes-and-you're-out, and et cetera. 9 So this is really not government by 10 the people. This is not power to the people, 11 this is screw the people. Because the money 12 is going to make the difference. And so I 13 object to using that word. I know Senator 14 Robach means it in all well-intended, but 15 that's not what's going to happen here, 16 Senator Robach. 17 And I think you and I know -- in 18 fact, I'm just reading this article, and I 19 never thought how much I would miss Warren 20 Anderson. But I do miss him. This is a 21 wonderful article on him. I would ask my 22 colleagues to take the time to read this. 23 It's in the Times Union. And -- excuse me, I 24 wasn't supposed to say that. But it's a 25 wonderful article. You can look it up and try
Candyco Transcription Service, Inc.
(518) 371-8910 1 to find it. 2 But I will tell you that Warren 3 Anderson thought this was a bad idea. And I 4 respected him, because he respected the 5 institution. 6 Yes, we get bottlenecked. I'm 7 frustrated very often. I know all of us are. 8 But certainly it doesn't mean that we should 9 throw democracy to the wind. And that's what 10 I think that we're proposing to do. 11 Because unless the citizens in my 12 district are able to afford to come up and 13 compete with whatever there is that's going to 14 be on the referendum for this year or next 15 year, whether or not it's Cablevision or it's 16 some other corporation, unless they're able to 17 put the same amount of money in, they're never 18 going to win a referendum on the ballot. 19 So I'm going to oppose this, and 20 it's because I support my constituents and the 21 voters of this state, not because I'm trying 22 to take democracy away. But I think that this 23 proposal will indeed take the democracy away, 24 especially from constituents that I represent. 25 So I'm voting no, Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910 1 ACTING PRESIDENT LITTLE: Thank 2 you, Senator Montgomery. 3 Does any other member wish to be 4 heard on this bill? 5 Senator Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Madam President. 8 This has been an illuminating 9 debate. And I appreciate the fact that so 10 many of my colleagues are frustrated -- and 11 I've just written down some of the language 12 used -- with the gridlock. And Senator Libous 13 is obviously the most frustrated of all. 14 We can't get bills to the floor, we 15 can't get bills to the Assembly, we have 16 problems with the fact that this Legislature 17 in fact is gridlocked, as the good government 18 advocates have accused us of over the years. 19 Well, I have a suggestion. We 20 don't have to do a constitutional amendment. 21 The fervor for transparency and open 22 government that is breaking out on the other 23 side of the aisle can be resolved and can be 24 addressed and can be satiated if we just 25 simply amend Rule 8 of the Senate Rules to
Candyco Transcription Service, Inc.
(518) 371-8910 1 allow us to get bills that have a majority of 2 members in support to the floor. 3 Just eliminate this little 4 requirement that the Temporary President is 5 the only person with the power to put a bill 6 on the active list. And then we would 7 embarrass the Assembly into doing the same. 8 Let's open government. We don't 9 need a constitutional amendment. We don't 10 need to go through this charade of waiting 11 years and deluding the public and saying, Oh, 12 we're with you, we're with you. 13 Until we amend our rule to allow 14 bills to get to the floor when most members 15 support them -- members representing the 16 people of this state -- let's put down the 17 rhetoric, let's get down from the high horse, 18 let's do something to open government that's 19 within our power. And then we won't need to 20 engage in the debate over this. 21 As to the people who say that 22 referendum and initiative is such a good 23 thing, I urge you, as some of my colleagues 24 have, visit California when they're going 25 through this process. You will see some of
Candyco Transcription Service, Inc.
(518) 371-8910 1 the ugliest government and some of the ugliest 2 influence of big money in politics that you 3 will ever see in your life. 4 Thank you, Madam President. I will 5 be voting no. 6 ACTING PRESIDENT LITTLE: Thank 7 you. 8 Any other Senator? 9 The debate is closed. 10 The Secretary will ring the bell. 11 On the resolution, the Secretary 12 will call the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT LITTLE: The 15 Secretary will announce the results. 16 THE SECRETARY: Those recorded in 17 the negative on Calendar Number 1442 are 18 Senators Dilan, Gonzalez, Hassell-Thompson, 19 Huntley, Montgomery, Oppenheimer, Perkins, 20 Savino, Schneiderman, Stavisky and Thompson. 21 Those Senators absent from voting 22 pursuant to Rule 9: Alesi, Duane, Golden, 23 Winner, and Wright. 24 Absent from voting: Senator C. 25 Kruger.
Candyco Transcription Service, Inc.
(518) 371-8910 1 Ayes, 43. Nays, 11. 2 ACTING PRESIDENT LITTLE: The 3 concurrent resolution is adopted. 4 Senator Bruno. 5 SENATOR BRUNO: Madam President, 6 can we at this time continue with the calendar 7 in regular order. 8 ACTING PRESIDENT LITTLE: The 9 Secretary will read. 10 THE SECRETARY: Calendar Number 11 221, by Senator Nozzolio, Senate Print 1453, 12 an act to amend the Correction Law. 13 SENATOR MONTGOMERY: Explanation. 14 ACTING PRESIDENT LITTLE: Senator 15 Nozzolio, an explanation has been requested. 16 SENATOR NOZZOLIO: Thank you, 17 Madam President. 18 Madam President, this bill is not 19 new for our consideration, in the fact that we 20 have continued to fight for this measure each 21 and every year for the past ten years. 22 This measure would require the 23 inmates who are currently incarcerated in 24 New York State correctional facilities to make 25 copayments in the amount of $7 for their
Candyco Transcription Service, Inc.
(518) 371-8910 1 medical treatment. 2 This I will state at the outset, 3 and will probably have to state a number of 4 times during this debate, that this does not 5 preclude any inmate who is in need of care 6 from receiving medical care. 7 What this does do is require a 8 modest copayment for the expenditure of 9 healthcare. That many states -- like Arizona, 10 Minnesota, Pennsylvania, Nevada -- all have 11 similar programs. That the Supreme Court of 12 the United States found that as long as 13 medical care was received by the inmates, an 14 adequate or an acceptable reasonable copayment 15 could be charged. 16 This, Madam President, is a measure 17 that tries to establish equity. Those 18 individuals who are guarding the inmates, the 19 correction officers of our state, have to pay 20 a copayment. The individuals who are teaching 21 the inmates in the correctional facilities 22 have to make a copayment. The plumber, the 23 electrician, those who work in the 24 correctional facilities have to make a 25 copayment.
Candyco Transcription Service, Inc.
(518) 371-8910 1 That's what we're trying to do with 2 this measure, establish equity, establish a 3 sense of fairness, and in so doing help make 4 our correctional facilities more efficient and 5 healthcare within those facilities more 6 effective. 7 ACTING PRESIDENT LITTLE: Thank 8 you, Senator Nozzolio. 9 Senator Montgomery. 10 SENATOR MONTGOMERY: Yes, Madam 11 President. I would like to ask if Senator 12 Nozzolio would yield for a couple of 13 questions. 14 ACTING PRESIDENT LITTLE: Thank 15 you. 16 Senator Nozzolio, do you yield? 17 SENATOR NOZZOLIO: Yes, Madam 18 President. 19 ACTING PRESIDENT LITTLE: The 20 Senator yields. 21 SENATOR MONTGOMERY: Yes, Senator 22 Nozzolio, I know that you came up with the 23 figure of $7 per-visit copayment. I'm just 24 wondering, how long does it take the inmate to 25 work to get $7? Do you have that figure?
Candyco Transcription Service, Inc.
(518) 371-8910 1 SENATOR NOZZOLIO: Madam 2 President, the question is how long it will 3 take an inmate to work to gain $7. I think it 4 depends whether or not the inmate is in fact 5 working in our correctional facilities. 6 Work unfortunately is not mandated. 7 That if Senator Montgomery would like to 8 mandate a work requirement for all 9 correctional inmates in our state, I would be 10 glad to support that. 11 But the fact is inmates work on a 12 voluntary basis. They make license plates, 13 they make trash containers for the 14 metropolitan regions of our state, they make 15 furniture. That is part of their 16 incarceration. In so doing, they are learning 17 metal work, they are learning carpentry, they 18 are learning finishing work, those kinds of -- 19 part of their educational system. 20 They also are given free room, 21 obviously, and free meals. That is all part 22 of their incarceration. It costs 23 approximately $50,000 a year to house an 24 inmate in our state correctional facilities. 25 This measure, Madam President,
Candyco Transcription Service, Inc.
(518) 371-8910 1 requires a $7 copay. Senator Montgomery wants 2 to know how long it would take for an inmate 3 to receive $7. It depends on, Senator, what 4 type of work the inmate was engaged in. That 5 if they were working, wages are below minimum 6 wage. I believe they're close in the $3 to $5 7 range. So I think that that's as much as I 8 can present not knowing any further specific 9 circumstances. 10 SENATOR MONTGOMERY: Madam 11 President, if Senator Nozzolio would continue 12 to yield. 13 ACTING PRESIDENT LITTLE: Thank 14 you. 15 Senator, do you yield? 16 SENATOR NOZZOLIO: I'll be happy 17 to yield, Madam President. 18 ACTING PRESIDENT LITTLE: The 19 Senator yields. 20 SENATOR MONTGOMERY: Yes, I 21 wasn't clear when I asked the question, so you 22 gave me much more than I actually needed. But 23 thank you anyway. 24 I wanted to know, how much does -- 25 what's the maximum hourly rate that an inmate
Candyco Transcription Service, Inc.
(518) 371-8910 1 can earn based on any of those various and 2 sundry jobs that you listed -- making the 3 trash bins for local municipalities, making 4 the street signs and the stop signs and the 5 highway signs and all of the other things that 6 they do, including all of the furniture in the 7 state? What's the maximum that they can earn 8 hourly? 9 SENATOR NOZZOLIO: I do not have 10 the figure of the hourly rate with me, Madam 11 President. I cannot answer that question. 12 SENATOR MONTGOMERY: All right. 13 Thank you. 14 Madam President, on the bill. 15 ACTING PRESIDENT LITTLE: Thank 16 you. Senator Montgomery, on the bill. 17 SENATOR MONTGOMERY: Thank you. 18 Senator Nozzolio indicated in his 19 answer that the work is voluntary. He doesn't 20 have the hourly rate. But as far as I know, 21 it's not as much as $2 an hour. I think it's 22 perhaps $2 a day, or some very, very small 23 amount. It's way below anything close to a 24 minimum. So the issue of whether or not an 25 inmate has $7 to make a copayment with is a
Candyco Transcription Service, Inc.
(518) 371-8910 1 huge question. 2 I have opposed this legislation 3 because it's not related to the actual cost of 4 healthcare. It doesn't raise funds for that 5 purpose. It is stated in the memo to support 6 the legislation that it is purely punitive, 7 essentially. It's done in order to discourage 8 inmates from utilizing the health facilities, 9 such as they are, in prison. 10 And in the legislation it says 11 specifically should an inmate not have 12 sufficient funds in his or her account to 13 cover the charges, then the account shall be 14 frozen pending receipt of funds sufficient to 15 satisfy the obligation. 16 So essentially this is an extreme 17 measure. It is extremely punitive. And in 18 fact, if a person either is not working or is 19 working and certainly does not earn enough to 20 come up with a $7 copay, either they don't 21 access the healthcare or, if they do, they 22 incur a debt which is held against them until 23 they either earn or some family member sends 24 them money to pay. 25 So it may discourage people from
Candyco Transcription Service, Inc.
(518) 371-8910 1 utilizing the health facilities. There are a 2 large number of inmates who have chronic 3 ailments and diseases. And if those are not 4 treated when they're incarcerated, we know 5 that they come back to their community and 6 very often those diseases come back with them. 7 So we don't want -- this is a public health 8 disaster, especially for certain communities, 9 and it's a health disaster for people who are 10 incarcerated. 11 So I'm going to continue to vote 12 no. And since this bill has been around since 13 1996, I believe it says, there is some reason 14 why we have not been able to move this 15 legislation, thankfully. So we'll just 16 continue to see it come by, and I will 17 continue to oppose it. 18 Thank you, Madam President. 19 ACTING PRESIDENT LITTLE: Thank 20 you. 21 Senator Diaz. 22 SENATOR DIAZ: Thank you, Madam 23 President. 24 You know, anyone that knows me -- 25 and people that know me know that I speak what
Candyco Transcription Service, Inc.
(518) 371-8910 1 I feel, do what I feel, and I am not committed 2 to anything that I believe is not fair to 3 people. When I have to vote with the 4 Republican side because I believe that the 5 bill is good for a community, I always do 6 that. When I have to vote against my 7 Democratic colleagues because I believe that a 8 bill is not so good, I will do that. So it is 9 not -- to me, it is not Democrat or 10 Republican. 11 But this is one of those bills, 12 this is one of those pieces of legislation 13 that gives the Republican Party a bad name and 14 make me puke. This bill makes me [retching 15 sound], and I'll tell you why. 16 You know, she called it extreme; 17 Senator Montgomery called this an extreme 18 measure. I would call it meanspirited. 19 That's what I would call this bill. This bill 20 is one of those bills that doesn't show human 21 feeling, doesn't show, you know, passion for 22 people, doesn't show, you know, compassion. 23 It's like litter for you. 24 Seven dollars to an inmate per 25 visit, and they're in jail. When you get
Candyco Transcription Service, Inc.
(518) 371-8910 1 arrested and you get indicted and you get 2 sentenced, you become property of the state. 3 You are property of the government. The 4 government is responsible for your well-being, 5 for your health, for whatever. You are 6 property of the government. 7 And an inmate, as Senator 8 Montgomery said, you know, they -- I believe 9 that they make 25 cents a day, if I'm not 10 mistaken, 25 cents a day or something like 11 that. Now the Senator wants them to pay $7 12 per visit to a doctor, when they have to go to 13 see a doctor. 14 I mean, sometimes I am criticized 15 by my colleagues, by my friends, and they tell 16 me "Hey, are you a Republican or are you a 17 Democrat?" Because sometimes I vote my 18 conscience. How do you explain something like 19 that to the community? How can you go to bed, 20 how do you go to bed and thinking, Oh, I did 21 something great, I submitted a piece of 22 legislation asking for $7 for inmates when 23 they get sick to go see the doctor. And if 24 they don't have the money, we freeze their 25 account until they get the money.
Candyco Transcription Service, Inc.
(518) 371-8910 1 In Puerto Rico, we say [Spanish], 2 meaning I don't know what. 3 (Laughter.) 4 SENATOR DIAZ: But, ladies and 5 gentlemen, come on, stop this meanspirited 6 bill. Stop this. We're supposed to show 7 human feeling. We're supposed to understand 8 suffering. You understand -- we should 9 understand, you know, what is this? Seven 10 dollars. My goodness. My fellow -- my 11 colleagues on the other side, this one, in 12 this one you are giving your party a bad name, 13 a bad, bad name. And that's what in our 14 communities sometimes we think about 15 Republicans, because of this kind of bill. 16 Madam President, call me in the 17 negative, one, two, twice, fourth time, fifth 18 time, negative. Thank you. 19 ACTING PRESIDENT LITTLE: Thank 20 you, Senator Diaz. 21 Is there any other Senator wishing 22 to be heard? 23 Senator Nozzolio, to close the 24 debate. 25 SENATOR NOZZOLIO: Thank you,
Candyco Transcription Service, Inc.
(518) 371-8910 1 Madam President and my colleagues. 2 I appreciate hearing the passion 3 exhibited, on behalf of the inmates of this 4 state who are incarcerated, by the other side 5 of the aisle. 6 I find it so ironic that that other 7 side of the aisle decided just last March to 8 cut $775,000 from the Mercy Rehab Nursing Home 9 in the city of Auburn that would have closed 10 that healthcare facility. 11 I also see the passion on the other 12 side of the aisle misplaced because you all 13 voted to cut $150,000 from a very fragile 14 healthcare facility called Auburn Memorial 15 Hospital that is on the verge of deciding 16 whether it can stay open. It's fighting hard 17 to stay open, to be the chief healthcare 18 provider not only for the 70-plus-thousand 19 citizens immediately in and surrounding Auburn 20 but also for the 1500 inmates who are in the 21 Auburn Correctional Facility. 22 This bill says that those 23 incarcerated inmates in Auburn and in every 24 other correctional facility in this state need 25 to put $7 on the table when they go to visit a
Candyco Transcription Service, Inc.
(518) 371-8910 1 healthcare provider. We're not saying that if 2 they don't have that $7 that the healthcare 3 will be denied. And that was where your 4 passion was placed, and that's what this bill 5 says, that you will provide, the state will 6 provide that assistance. 7 But if you have money in your 8 account -- and inmates in this state, each one 9 of the 63,000 plus inmates in this state have 10 a bank account, a physical bank account 11 managed by the State of New York. And that 12 bank account has assets in it that they are 13 utilizing to buy a lot of things at the 14 commissary. The commissary, by the way, where 15 they can buy things and not pay sales tax. 16 But that's an issue for another day. 17 The fact of the matter is the 18 inmates of this state should have to 19 participate in their own healthcare, at least 20 a small portion. What is the healthcare copay 21 of the state employees of this state? Those 22 correction officers who are managing those 23 correctional facilities and putting their 24 lives on the line have to pay almost three 25 times a copay than the inmates are being
Candyco Transcription Service, Inc.
(518) 371-8910 1 suggested to pay under this legislation. 2 So, Madam President, I say this. 3 This measure is to establish equity in our 4 correctional systems. It's to try to make our 5 correctional healthcare provisions more -- not 6 just equitable, but more efficient. 7 Others in this chamber have said, 8 about healthcare in our prison facilities, go 9 to a prison facility today and you will see a 10 long line of individuals who are out there to 11 get healthcare, at least some of them. Many 12 others are out in the same lines because they 13 have nothing else to do that day and are in 14 effect taking the time away from the 15 physicians, taking time away from the 16 taxpayers, taking money away from the Mercy 17 Rehab Centers and the Auburn Memorial 18 Hospitals that are struggling to keep open to 19 provide assistance, medical care to patients 20 who are law-abiding citizens. 21 Where's your equity, where's your 22 passion, where's your compassion for those who 23 are facing healthcare crises? Where's your 24 compassion for those who are uninsured? 25 We need to save funds. This is a
Candyco Transcription Service, Inc.
(518) 371-8910 1 place to save funds to ensure that more 2 patients will have healthcare. Madam 3 President, that's why I'm moving this bill. 4 ACTING PRESIDENT LITTLE: Thank 5 you, Senator Nozzolio. 6 The debate is closed. 7 The Secretary will ring the bell. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 120th day. 11 ACTING PRESIDENT LITTLE: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT LITTLE: Senator 15 Schneiderman, to explain his vote. 16 SENATOR SCHNEIDERMAN: Yes, Madam 17 President, to explain my vote. 18 I just want to refer briefly to 19 some of the comments that were made during the 20 debate. 21 I've checked, and prisoners who do 22 have bank accounts make 35 cents an hour. 23 We are preparing now for the first 24 meeting of the sentencing commission that the 25 Governor is convening tomorrow morning. One
Candyco Transcription Service, Inc.
(518) 371-8910 1 of the items on our agenda is reentry. And 2 the first principle of reentry is if you let 3 people out of prison with a small stake, they 4 have a better chance to avoid recidivism. 5 So we are cutting off our nose to 6 spite our face with this bill. It will 7 discourage people who are sick from going to 8 the doctor. It will send people out of prison 9 less capable of reentering society safely. It 10 is a bad bill. And Senator Diaz is correct, 11 it is in fact a meanspirited bill. I would 12 urge all of my colleagues not to take this 13 self-destructive course. 14 I am voting no. 15 ACTING PRESIDENT LITTLE: Senator 16 Schneiderman in the negative. 17 Senator Montgomery, to explain her 18 vote. 19 SENATOR MONTGOMERY: Yes, Madam 20 President, thank you. I want to rise to 21 explain my vote. 22 Yes, I'm voting no. And I want to 23 just say that I'm a little disappointed in my 24 colleague Senator Nozzolio because I feel like 25 he's playing political blackmail with us by
Candyco Transcription Service, Inc.
(518) 371-8910 1 saying that we are for -- we should not be -- 2 we're somehow, as Democrats, coddling the 3 prisoners. And that's not the case. And I 4 don't think that Senator Nozzolio believes 5 that either. 6 But it's easy to get the citizens 7 of this state riled up and frightened and 8 divided based on these kinds of arguments that 9 somehow, because you believe in a more humane 10 approach to dealing with the criminal justice 11 issues, that you are soft on crime or there's 12 something wrong with you. 13 I don't like to be put in that 14 position. It's an intimidation tactic to make 15 you feel guilty about what it is you believe. 16 But I won't accept that, and I don't think the 17 citizens of this state accept that. 18 This is what it is, and that is 19 it's meanspirited, it's a mean thing, and it's 20 very, very bad public health policy. Because 21 we do not want people coming to live in 22 communities with diseases that could have been 23 treated while they were in prison but they 24 were not because they were required to pay a 25 fee.
Candyco Transcription Service, Inc.
(518) 371-8910 1 So, Madam President, I vote no. 2 ACTING PRESIDENT LITTLE: Thank 3 you. Senator Montgomery will be recorded in 4 the negative. 5 Senator Diaz, to explain his vote. 6 SENATOR DIAZ: Yes, I just -- I'm 7 voting no on this bill. 8 But also I'm glad that Senator 9 Schneiderman clarified the pay rate for the 10 inmates. He said that they get 35 cents per 11 hour. 12 And then when we talk about 13 inmates, that we are supporting inmates, that 14 they have to pay for their own health, we are 15 not even taking into consideration the thing 16 that the inmates contribute to the state. 17 You know, they work. And, you 18 know, they make license plates. And you know 19 the millions of dollars that the government 20 makes, the government makes in license plates? 21 And they pay so little money to the inmates to 22 make those license plates. Do you know the 23 money that the government saves painting 24 buildings, cutting grass, doing furniture, 25 repairing vehicles, painting vehicles? You
Candyco Transcription Service, Inc.
(518) 371-8910 1 know all the money that the government, the 2 state saves because of the inmates? 3 So, ladies and gentlemen, we are 4 not doing a favor to the inmates. If we're 5 going to see exactly the right side of the 6 law, then they're doing the government a 7 favor. They're saving money. And now we want 8 them to pay $7 per doctor visit. 9 I make $79,000 a year. That's my 10 salary, $79,000 -- 79,500? Okay, $79,500. 11 When I go to the doctor I pay $15, a $15 12 copay, and the company pays the rest. So if I 13 make $79,000 -- $79,500 a year and I have to 14 pay $15 per visit, you want to take tell the 15 inmate that makes 35 cents an hour to pay $7? 16 Arrr. I don't know -- I don't know what kind 17 of hearts some people have. 18 But me and my colleagues, we're 19 voting no. Thank you. 20 ACTING PRESIDENT LITTLE: Thank 21 you. Senator Diaz will be recorded in the 22 initiative. 23 Senator Sabini, to explain his 24 vote. 25 SENATOR SABINI: Madam President,
Candyco Transcription Service, Inc.
(518) 371-8910 1 thank you. I just wanted to explain my vote. 2 I'll be voting in the negative, as 3 I have in the past. I haven't spoken on this 4 before. But I note in my email inbox today 5 there was an email from the New York State 6 Correction Officers, and a correction officer 7 in an upstate prison has contracted a rare 8 form of flesh-eating bacteria which has 9 seriously jeopardized his health. 10 And I believe that we want to 11 encourage people to see physicians when they 12 need to. I think it's a workplace health 13 issue, in the case of a prison, where disease 14 can spread rather rapidly. 15 And for many of the reasons my 16 colleagues have stated, I will also be voting 17 no. Thank you. 18 ACTING PRESIDENT LITTLE: Thank 19 you. Senator Sabini will be recorded in the 20 negative. 21 Senator Connor, to explain his 22 vote. 23 SENATOR CONNOR: Thank you, Madam 24 President. 25 My colleagues, do the math. If you
Candyco Transcription Service, Inc.
(518) 371-8910 1 make 35 cents an hour and you have to go to 2 the doctor's once, that's 20 hours of your 3 pay. 4 If Senator Nozzolio were proposing 5 a bill saying an inmate should be charged 6 50 cents copay, I might have problems with the 7 principle, but the reasonableness of it would 8 be hard to fight with. 9 Do the math for yourself. Assume 10 you only make the 79,500 that we get paid -- 11 and I know that's not true for everybody. We 12 actually make more. So let's do it more 13 realistically. Assume you're just a ranking 14 minority member on a committee; you make 15 $90,000. Would it be reasonable to say to go 16 to the doctor's you should pay an $820 copay? 17 That's the proportion you're proposing here. 18 Would you think an $820 copay was a reasonable 19 token payment toward your healthcare? That's 20 assuming you work, you know, 40 hours a week. 21 So this bill, besides being 22 meanspirited, pandering to the public's 23 disdain for convicted criminals, it's just 24 plain out of proportion and unreasonable. You 25 figure it out. Half of your week's wages for
Candyco Transcription Service, Inc.
(518) 371-8910 1 one visit to the doctor? Now, is that 2 reasonable? Would it be reasonable if every 3 time you or your spouse or one of your kids 4 went to the doctor you had to pony up $800 as 5 your copay? I don't think so, Madam 6 President. 7 This is a bad bill. It's 8 meanspirited, as has been said before, but 9 it's also just not reasonably proportionate to 10 the income of these inmates. 11 ACTING PRESIDENT LITTLE: Thank 12 you. Senator Connor will be recorded in the 13 in the negative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 221 are 17 Senators Connor, Diaz, Dilan, Duane, Gonzalez, 18 Hassell-Thompson, Huntley, L. Krueger, 19 Montgomery, Onorato, Perkins, Sabini, Sampson, 20 Savino, Schneiderman, Serrano, Smith, 21 Stavisky, Stewart-Cousins, and Thompson. Also 22 Senator Breslin. Also Senator Oppenheimer. 23 Absent from voting pursuant to 24 Rule 9: Senators Golden and Wright. 25 Absent from voting: Senator C.
Candyco Transcription Service, Inc.
(518) 371-8910 1 Kruger. 2 Ayes, 34. Nays, 22. 3 ACTING PRESIDENT LITTLE: The 4 bill is passed. 5 Senator Duane, why do you rise? 6 SENATOR DUANE: Thank you, Madam 7 President. 8 Pursuant to Rule 9, I was required 9 to be at a public meeting of the Article 10 10 conference committee, and I missed voting 11 something. But I'm allowed to do it now, as 12 you know. So I would like to cast my vote for 13 S6020, Calendar Number 1442, in the negative. 14 Thank you, Madam President. 15 ACTING PRESIDENT LITTLE: Thank 16 you. You will be so recorded, Senator Duane. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could lay aside for the day the balance 20 of the controversial calendar. 21 And there will be an immediate 22 meeting of the Rules Committee in the Majority 23 Conference Room. 24 ACTING PRESIDENT LITTLE: The 25 bills are laid aside for the day.
Candyco Transcription Service, Inc.
(518) 371-8910 1 There is an immediate meeting of 2 the Rules Committee in the Majority Conference 3 Room. The Senate will stand at ease. 4 (Whereupon, the Senate stood at 5 ease at 5:19 p.m.) 6 (Whereupon, the Senate reconvened 7 at 5:31 p.m.) 8 ACTING PRESIDENT LITTLE: Senator 9 Skelos. 10 SENATOR SKELOS: Madam President, 11 if we could return to the order of motions and 12 resolutions. 13 On behalf of Senator Flanagan, on 14 page number 26 I offer the following 15 amendments to Calendar Number 740, Print 16 Number 830, and ask that said bill retain its 17 place on the Third Reading Calendar. 18 ACTING PRESIDENT LITTLE: Thank 19 you, Senator. The amendments are received and 20 adopted, and the bill will retain its place on 21 the Third Reading Calendar. 22 SENATOR SKELOS: On behalf of 23 Senator Golden, on page number 37 I offer the 24 following amendments to Calendar Number 952, 25 Senate Print Number 4078, and ask that said
Candyco Transcription Service, Inc.
(518) 371-8910 1 bill retain its place on the Third Reading 2 Calendar. 3 ACTING PRESIDENT LITTLE: Thank 4 you. The amendments are received and adopted, 5 and the bill will retain its place on the 6 Third Reading Calendar. 7 SENATOR SKELOS: Madam President, 8 on behalf of Senator DeFrancisco, on page 9 number 41 I offer the following amendments to 10 Calendar Number 1012, Senate Print Number 11 2059A, and ask that said bill retain its place 12 on the Third Reading Calendar. 13 ACTING PRESIDENT LITTLE: Thank 14 you. The amendments are received and adopted, 15 and the bill will retain its place on the 16 Third Reading Calendar. 17 Senator Skelos. 18 SENATOR SKELOS: Madam President, 19 if we could return to the order of reports of 20 standing committees, there's a report of the 21 Rules Committee at the desk. I ask that it be 22 read at this time. 23 ACTING PRESIDENT LITTLE: Thank 24 you. 25 The Secretary will read.
Candyco Transcription Service, Inc.
(518) 371-8910 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following bills: 4 Senate Print 52, by Senator 5 Maziarz, an act to amend the Vehicle and 6 Traffic Law; 7 64, by Senator Padavan, an act to 8 amend the County Law; 9 231, by Senator Larkin, an act to 10 amend the Vehicle and Traffic Law; 11 328, by Senator Nozzolio, an act to 12 amend the Criminal Procedure Law; 13 613, by Senator Marcellino, an act 14 to amend the Vehicle and Traffic Law; 15 888, by Senator Trunzo, an act to 16 amend the General Municipal Law; 17 921, by Senator O. Johnson, an act 18 to amend the Tax Law; 19 1483, by Senator Skelos, an act to 20 amend the General Municipal Law; 21 1532, by Senator Fuschillo, an act 22 to amend the Penal Law; 23 1590, by Senator Libous, an act to 24 amend the Tax Law; 25 1618A, by Senator Maziarz, an act
Candyco Transcription Service, Inc.
(518) 371-8910 1 in relation; 2 1703, by Senator Robach, an act to 3 amend the Criminal Procedure Law; 4 1757, by Senator Rath, an act to 5 amend the Penal Law; 6 1843, by Senator Farley, an act to 7 amend the Criminal Procedure Law; 8 2019, by Senator Larkin, an act to 9 amend the Agriculture and Markets Law; 10 2036, by Senator Young, an act to 11 amend the Tax Law; 12 2177, by Senator Lanza, an act to 13 amend the Tax Law; 14 2334, by Senator Rath, an act to 15 amend the Real Property Tax Law; 16 2343, by Senator Little, an act to 17 amend the Tax Law; 18 2420, by Senator DeFrancisco, an 19 act to amend the Penal Law; 20 2445, by Senator Morahan, an act to 21 amend Chapter 425 of the Laws of 2006; 22 2554, by Senator C. Kruger, an act 23 to amend the Family Court Act; 24 2934, by Senator Marcellino, an act 25 to authorize;
Candyco Transcription Service, Inc.
(518) 371-8910 1 3092, by Senator Volker, an act to 2 amend the Executive Law; 3 3234, by Senator Winner, an act to 4 amend the New York State Urban Development 5 Corporation Act; 6 3329, by Senator Flanagan, an act 7 to amend the Penal Law; 8 3551, by Senator Young, an act to 9 authorize; 10 3759, by Senator Seward, an act to 11 amend the Abandoned Property Law; 12 3917, by Senator Skelos, an act to 13 amend the Retirement and Social Security Law; 14 4168, by Senator LaValle, an act to 15 amend the Criminal Procedure Law; 16 4259, by Senator Wright, an act to 17 amend the Tax Law; 18 4265, by Senator Bonacic, an act to 19 amend the Executive Law; 20 4268, by Senator Golden, an act to 21 amend the Criminal Procedure Law; 22 4860, by the Senate Committee on 23 Rules, an act to amend the Tax Law; 24 5170, by Senator Morahan, an act to 25 amend the Executive Law;
Candyco Transcription Service, Inc.
(518) 371-8910 1 5315, by Senator Fuschillo, an act 2 to amend the Vehicle and Traffic Law; 3 5731, by the Senate Committee on 4 Rules, an act to amend the Tax Law; 5 5926, by Senator L. Krueger, an act 6 to amend the Alcoholic Beverage Control Law; 7 5945, by Senator Padavan, an act to 8 amend the Real Property Tax Law; 9 5958, by Senator Saland, an act to 10 amend the Highway Law; 11 6003, by Senator Griffo, an act to 12 amend Chapter 92 of the Laws of 2001; 13 1325A, by Senator Lanza, an act to 14 amend the Judiciary Law; 15 3947A, by Senator Skelos, an act to 16 amend the Tax Law; 17 4304B, by Senator Fuschillo, an act 18 to amend the Executive Law; 19 5517, by Senator Fuschillo, an act 20 to amend the Penal Law; 21 5965, by Senator Little, an act to 22 authorize; 23 And Senate Print 5974, by Senator 24 Fuschillo, an act to amend the Vehicle and 25 Traffic Law.
Candyco Transcription Service, Inc.
(518) 371-8910 1 All bills ordered direct to third 2 reading. 3 ACTING PRESIDENT LITTLE: Senator 4 Skelos. 5 SENATOR SKELOS: Madam President, 6 move to accept the report of the Rules 7 Committee. 8 ACTING PRESIDENT LITTLE: All 9 those in favor of accepting the Rules report 10 say aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT LITTLE: Those 13 opposed. 14 (No response.) 15 ACTING PRESIDENT LITTLE: The 16 Rules report is accepted. 17 SENATOR SKELOS: Would you please 18 recognize Senator Stachowski. 19 ACTING PRESIDENT LITTLE: Senator 20 Stachowski. 21 SENATOR STACHOWSKI: Madam 22 President, on behalf of Senator Volker, I'd 23 like to remind all the members -- and 24 hopefully their offices are listening to 25 remind them -- that tomorrow morning is the
Candyco Transcription Service, Inc.
(518) 371-8910 1 service for the deceased legislators at 2 8:00 a.m. at St. Mary's Church. 3 ACTING PRESIDENT LITTLE: Thank 4 you, Senator. 5 SENATOR SKELOS: Thank you, 6 Senator Stachowski. 7 There being no further business to 8 come before the Senate, I move we stand 9 adjourned until Wednesday, June 6th, at 10 11:00 a.m. 11 ACTING PRESIDENT LITTLE: Thank 12 you. On motion, the Senate stands adjourned 13 until Wednesday, June 6th, at 11:00 a.m. 14 (Whereupon, at 5:35 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22 23 24 25
Candyco Transcription Service, Inc.
(518) 371-8910
Highest impact first.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.
Not yet analyzed. Open the bill for its official title.