Gaveled in 11:14 AM · 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 13, 2007 11 11:14 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR THOMAS P. MORAHAN, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25
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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT MORAHAN: The 3 Senate will come to order. 4 Will everyone present please rise 5 and join me in repeating the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT MORAHAN: In the 10 absence of clergy, may we please bow our heads 11 for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT MORAHAN: Thank 15 you. 16 The reading of the Journal. 17 THE SECRETARY: In Senate, 18 Tuesday, June 12, the Senate met pursuant to 19 adjournment. The Journal of Monday, June 11, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT MORAHAN: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.
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(518) 371-8910 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 on behalf of Senator Farley, I wish to call up 11 his bill, Print Number 849, recalled from the 12 Assembly, which is now at the desk. 13 ACTING PRESIDENT MORAHAN: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 728, by Senator Farley, Senate Print 849, an 17 act to amend the Social Services Law. 18 SENATOR SKELOS: Mr. President, I 19 now move to reconsider the vote by which this 20 bill was passed. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll on reconsideration. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 38. 25 SENATOR SKELOS: Mr. President, I
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(518) 371-8910 1 now offer the following amendments. 2 ACTING PRESIDENT MORAHAN: The 3 amendments are received. 4 SENATOR SKELOS: Mr. President, I 5 believe there are substitutions at the desk. 6 If we could make them at this time. 7 ACTING PRESIDENT MORAHAN: The 8 Secretary will read. 9 THE SECRETARY: On page 5, 10 Senator Saland moves to discharge, from the 11 Committee on Rules, Assembly Bill Number 339B 12 and substitute it for the identical Senate 13 Bill Number 1092B, Third Reading Calendar 128. 14 On page 17, Senator Morahan moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 6931A and substitute it 17 for the identical Senate Bill Number 3960A, 18 Third Reading Calendar 592. 19 On page 21, Senator Hannon moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 7836 and substitute it 22 for the identical Senate Bill Number 5116, 23 Third Reading Calendar 726. 24 On page 24, Senator Farley moves to 25 discharge, from the Committee on Banks,
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(518) 371-8910 1 Assembly Bill Number 6490 and substitute it 2 for the identical Senate Bill Number 2747, 3 Third Reading Calendar 819. 4 On page 34, Senator Leibell moves 5 to discharge, from the Committee on Rules, 6 Assembly Bill Number 7530 and substitute it 7 for the identical Senate Bill Number 4244, 8 Third Reading Calendar 1064. 9 On page 45, Senator C. Kruger moves 10 to discharge, from the Committee on Rules, 11 Assembly Bill Number 8096 and substitute it 12 for the identical Senate Bill Number 4550, 13 Third Reading Calendar 1329. 14 On page 47, Senator Morahan moves 15 to discharge, from the Committee on Rules, 16 Assembly Bill Number 6112D and substitute it 17 for the identical Senate Bill Number 5181B, 18 Third Reading Calendar 1377. 19 On page 49, Senator Wright moves to 20 discharge, from the Committee on Rules, 21 Assembly Bill Number 8173 and substitute it 22 for the identical Senate Bill Number 5055, 23 Third Reading Calendar 1416. 24 On page 53, Senator C. Kruger moves 25 to discharge, from the Committee on Rules,
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(518) 371-8910 1 Assembly Bill Number 335 and substitute it for 2 the identical Senate Bill Number 2560, Third 3 Reading Calendar 1645. 4 And on page 54, Senator Winner 5 moves to discharge, from the Committee on 6 Rules, Assembly Bill Number 7885A and 7 substitute it for the identical Senate Bill 8 Number 5248A, Third Reading Calendar 1653. 9 ACTING PRESIDENT MORAHAN: 10 Substitutions ordered. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could go to the noncontroversial reading 14 of the calendar, please. 15 ACTING PRESIDENT MORAHAN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 91, by Senator Bonacic -- 19 SENATOR SKELOS: Lay it aside for 20 the day. 21 ACTING PRESIDENT MORAHAN: The 22 bill is laid aside for the day. 23 THE SECRETARY: Calendar Number 24 106, by Senator Marcellino, Senate Print 632A, 25 an act to amend the General Business Law.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 40. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 128, substituted earlier by Member of the 15 Assembly Magnarelli, Assembly Print Number 16 339B, an act to amend the Executive Law. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect on the 180th day. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Announce the results.
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(518) 371-8910 1 THE SECRETARY: Ayes, 40. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 167, by Senator Maziarz, Senate Print 258A, an 6 act to amend the State Administrative 7 Procedure Act. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 90th day. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 40. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 385, by Senator Trunzo, Senate Print -- 22 SENATOR SKELOS: Lay it aside 23 temporarily, please. 24 ACTING PRESIDENT MORAHAN: The 25 bill is laid aside temporarily.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 434, by Senator Leibell, Senate Print 3806A, 3 an act to amend the Labor Law. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 40. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 438, by Senator Larkin, Senate Print 349, an 18 act to amend the Racing, Pari-Mutuel Wagering 19 and Breeding Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 42. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 506, by Senator Larkin, Senate Print 186A -- 9 SENATOR SKELOS: Lay it aside 10 temporarily, please. 11 ACTING PRESIDENT MORAHAN: The 12 bill is laid aside temporarily. 13 THE SECRETARY: Calendar Number 14 515, by Senator O. Johnson, Senate Print -- 15 SENATOR SKELOS: Lay it aside 16 temporarily, please. 17 ACTING PRESIDENT MORAHAN: The 18 bill is laid aside temporarily. 19 THE SECRETARY: Calendar Number 20 581, by Senator LaValle, Senate Print 930A, an 21 act to amend the Business Corporation Law and 22 the Education Law. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 17. This
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(518) 371-8910 1 act shall take effect on the first of January 2 next succeeding. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 43. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 592, substituted earlier by Member of the 13 Assembly P. Rivera, Assembly Print Number 14 6931A, an act to amend Chapter 667 of the Laws 15 of 2006. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 43. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 594, by Senator Larkin, Senate Print 423A, an 3 act to amend the Education Law. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 5. This 7 act shall take effect on the 180th day. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 44. Nays, 14 1. Senator Marcellino recorded in the 15 negative. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 677, by Senator Golden, Senate Print 3728, an 20 act to amend the Executive Law. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 3. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MORAHAN: Call
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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 45. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 722, by Senator Rath, Senate Print 2328A, an 10 act to amend the Public Health Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the 365th day. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 45. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 726, substituted earlier by Member of the 25 Assembly Gottfried, Assembly Print Number
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(518) 371-8910 1 7836, an act to amend Chapter 738 of the Laws 2 of 2005. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 THE SECRETARY: Ayes, 46. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 736, by Senator C. Kruger, Senate Print 4551A, 17 an act to amend the Social Services Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:
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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 46. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 819, substituted earlier today by Member of 7 the Assembly Towns, Assembly Print Number 8 6490, an act to amend the Banking Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 90th day. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 47. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 855, by Senator Seward, Senate Print -- 23 SENATOR SKELOS: Lay it aside 24 temporarily. 25 ACTING PRESIDENT MORAHAN: The
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(518) 371-8910 1 bill is laid aside temporarily. 2 THE SECRETARY: Calendar Number 3 862, by Senator Young, Senate Print 4904, an 4 act to amend the Public Health Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the first of October. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 47. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 866, by Senator Alesi, Senate Print 961, an 19 act to amend the General Business Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first of January. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 47. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 929, by Senator Stavisky, Senate Print 2610, 9 an act to amend the Education Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 47. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 966, by Senator Trunzo, Senate Print 3680, an 24 act to amend the Public Health Law. 25 ACTING PRESIDENT MORAHAN: Read
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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 180th day. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 47. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 973, by Senator LaValle, Senate Print 932, an 14 act authorizing the Temporary President of the 15 Senate and the Speaker of the Assembly to 16 commission. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Announce the results.
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(518) 371-8910 1 THE SECRETARY: Ayes, 46. Nays, 2 1. Senator Montgomery recorded in the 3 negative. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1062, by Senator Maltese, Senate Print 304A, 8 an act to amend the Private Housing Finance 9 Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 120th day. 14 ACTING PRESIDENT MORAHAN: Call 15 the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT MORAHAN: 18 Announce the results. 19 THE SECRETARY: Ayes, 47. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1064, substituted earlier today by Member of 24 the Assembly Ortiz, Assembly Print Number 25 7530, an act to amend the Public Health Law.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 60th day. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 47. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1066, by Senator Maziarz, Senate Print 4460A, 15 an act to amend Chapter 547 of the Laws of 16 1947. 17 ACTING PRESIDENT MORAHAN: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Announce the results.
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(518) 371-8910 1 THE SECRETARY: Ayes, 47. 2 ACTING PRESIDENT MORAHAN: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 1106, by Senator Skelos, Senate Print 3214B, 6 an act to amend the Retirement and Social 7 Security Law. 8 ACTING PRESIDENT MORAHAN: There 9 is a home-rule message at the desk. 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect January 1, 2008. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 47. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1107, by Senator Skelos, Senate Print 3215, an 23 act to amend the Retirement and Social 24 Security Law. 25 ACTING PRESIDENT MORAHAN: There
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(518) 371-8910 1 is a home-rule message at the desk. 2 Read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 47. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 1231, by Senator LaValle, Senate Print 2680, 15 an act to amend the Penal Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the first of 20 November. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Announce the results.
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(518) 371-8910 1 Senator Montgomery, to explain her 2 vote. 3 SENATOR MONTGOMERY: Yes, 4 Mr. President, to explain my vote. 5 I'm voting yes on this. And I'm an 6 enthusiastic supporter. I want to thank 7 Senator LaValle. I know that he has tried, in 8 the last few years, to put forward this 9 legislation. 10 It would simply require that we 11 utilize chemical castration for second-time 12 violent felony sex offenders as a means of 13 treatment that has been proven to be very, 14 very effective. I think it's much more 15 humane. 16 And as we can see, we're having 17 more and more difficulty figuring out what to 18 do with repeat violent sex offenders. And 19 this seems to be an option that makes a lot of 20 sense, and it's much more effective as well as 21 cost-effective to utilize. And I think that 22 this is the right time for us to consider this 23 measure. 24 And in fact, as we see next door, 25 in the city next door, Schenectady, they are
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(518) 371-8910 1 now looking to essentially eliminate all sex 2 offenders from that area. And I don't know 3 where they're going; maybe they'll end up in 4 the woods someplace around. But certainly 5 it's not a solution that we're going to be 6 able to rely on. 7 So I enthusiastically support this, 8 and I encourage my colleagues to also support 9 this measure. 10 Thank you, Mr. President. I'm 11 voting yes. 12 ACTING PRESIDENT MORAHAN: 13 Senator Montgomery will be recorded in the 14 affirmative. Thank you, Senator. 15 Senator Liz Krueger, to explain her 16 vote. 17 SENATOR LIZ KRUEGER: Thank you. 18 With all due respect to my 19 colleague and friend Senator Velmanette 20 Montgomery, I'm voting no on the bill. Not 21 because I don't agree with her that in some 22 circumstances the research shows that chemical 23 castration can be an effective model. 24 The research is also fairly mixed 25 about who it works for and who it doesn't.
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(518) 371-8910 1 And so I'm very concerned that the bill is too 2 broad in any sexual offender on a second 3 felony offense or at a judge's order. 4 Because there's research showing 5 that while it may be particularly effective 6 for pedophile sexual offenders, that it is not 7 necessarily effective at all for violent 8 sexual predators, who in fact the reason for 9 or the motivation for the sexual attack is not 10 sexual but is driven by violence and rage and 11 other dysfunctions of their brain. 12 I'm also a bit concerned about the 13 health impacts from some of the drugs that 14 have been used, although I do think New York 15 State could of course carefully monitor. But 16 there have been some issues raised about some 17 of the drugs actually causing cancer. And I 18 think that the State of New York doesn't 19 necessarily, even in the desire to protect our 20 people -- which is our job -- should 21 necessarily go down the road of allowing 22 determinations of mandatory drug treatments 23 that in fact can cause life-threatening 24 diseases. 25 So if the bill was more carefully
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(518) 371-8910 1 structured and more limited and targeted, I 2 would be able to vote for it. But as it is, I 3 will vote no. 4 Thank you, Mr. President. 5 ACTING PRESIDENT MORAHAN: 6 Senator Liz Krueger will be recorded in the 7 negative. 8 Senator LaValle, to explain his 9 vote. 10 SENATOR LaVALLE: Thank you, 11 Mr. President. 12 I want to thank Senator Montgomery 13 for her consistent support on this 14 legislation. 15 As we all know, this Legislature 16 has looked at the problem of sexual predators 17 from a variety of points of view. This is 18 another tool in our arsenal to deal with the 19 very serious and perplexing problem of 20 ensuring that sexual predators are not on the 21 streets to again and again and again have 22 people as their victims in our communities. 23 I was very, very touched when we 24 did research on this and my staff spoke to 25 other states that have enacted this. And the
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(518) 371-8910 1 one thing that comes through is that many 2 sexual predators, by their own admission, have 3 said: I simply cannot help myself. I cannot 4 help myself. 5 So I'm willing to use this because 6 I think it's effective. Is it a hundred 7 percent effective? No, it is not. But once 8 again, it's another tool in our arsenal to 9 protect the people in our communities. 10 I vote yes, Mr. President. 11 ACTING PRESIDENT MORAHAN: 12 Senator LaValle will be recorded in the 13 affirmative. 14 Announce the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1231 are 17 Senators Hassell-Thompson, Huntley, L. Krueger 18 and Perkins. 19 Ayes, 45. Nays, 4. 20 ACTING PRESIDENT MORAHAN: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 1233, by Senator Padavan, Senate Print 2883, 24 an act to amend the Penal Law. 25 ACTING PRESIDENT MORAHAN: Read
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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first of 4 November. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 51. Nays, 11 1. Senator Perkins recorded in the negative. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1272, by Senator Young, Senate Print 406, an 16 act to amend the Parks, Recreation and 17 Historic Preservation Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the 180th day. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:
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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 52. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1314, by Senator LaValle, Senate Print 5476B, 7 an act to amend the Education Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 52. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1323, by Senator Bonacic, Senate Print 468, an 22 act to amend the Social Services Law. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 3. This
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(518) 371-8910 1 act shall take effect on the 120th day. 2 ACTING PRESIDENT MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MORAHAN: 6 Announce the results. 7 THE SECRETARY: Ayes, 52. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1329, substituted earlier today by Member of 12 the Assembly Wright, Assembly Print Number 13 8096, an act to amend the Social Services Law. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 54. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.
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(518) 371-8910 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 1338, by Senator Hannon, Senate Print 4648, an 4 act to amend the Public Health Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 54. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1339, by Senator Hannon, Senate Print 4879A, 19 an act to amend the Public Health Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 54. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1372, by Senator Robach, Senate Print 3976, an 9 act to amend the Retirement and Social 10 Security Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 54. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1377, substituted earlier today by Member of 25 the Assembly Brodsky, Assembly Print Number
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(518) 371-8910 1 6112D, an act to amend the Civil Service Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect on the 30th day. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 54. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 1394, by Senator Leibell, Senate Print 5666A, 16 an act in relation to granting certain 17 retirement benefits. 18 ACTING PRESIDENT MORAHAN: There 19 is a home-rule message at the desk. 20 Please read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 55. 4 ACTING PRESIDENT MORAHAN: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1401, by Senator Wright, Senate Print 5388, an 8 act to amend the Public Service Law. 9 ACTING PRESIDENT MORAHAN: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 120th day. 13 ACTING PRESIDENT MORAHAN: Call 14 the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MORAHAN: 17 Announce the results. 18 THE SECRETARY: Ayes, 55. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1416, substituted earlier today by Member of 23 the Assembly Aubertine, Assembly Print Number 24 8173, an act to amend the Tax Law. 25 ACTING PRESIDENT MORAHAN: Read
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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 55. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1465, by Senator C. Kruger, Senate Print 2554, 14 an act to amend the Family Court Act. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 55. 25 ACTING PRESIDENT MORAHAN: The
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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1534, by the Senate Committee on Rules, Senate 4 Print Number 5717B, an act to amend the Tax 5 Law. 6 ACTING PRESIDENT MORAHAN: There 7 is a local fiscal impact note at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MORAHAN: 15 Announce the results. 16 THE SECRETARY: Ayes, 55. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1640, by Senator Saland, Senate Print 1467, an 21 act to amend Chapter 472 of the Laws of 1998. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: Ayes, 55. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 1641, by Senator Fuschillo, Senate Print 1634, 11 an act to amend the Tax Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 7. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 55. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1642, by Senator LaValle, Senate Print --
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(518) 371-8910 1 SENATOR SKELOS: Lay it aside for 2 the day, please. 3 ACTING PRESIDENT MORAHAN: The 4 bill is laid aside for the day. 5 THE SECRETARY: Calendar Number 6 1643, by Senator Larkin, Senate Print 2082 -- 7 SENATOR DUANE: Lay it aside, 8 please. 9 ACTING PRESIDENT MORAHAN: The 10 bill is laid aside. 11 THE SECRETARY: Calendar Number 12 1644, by Senator Rath, Senate Print 2329, an 13 act to amend the Tax Law. 14 ACTING PRESIDENT MORAHAN: There 15 is a local fiscal impact note at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of April 19 next succeeding. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Those recorded in
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(518) 371-8910 1 the negative on Calendar Number 1644 are 2 Senators Duane, Hassell-Thompson, Huntley, 3 L. Krueger and Stavisky. 4 Ayes, 50. Nays, 5. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1645, substituted earlier today by Member of 9 the Assembly Greene, Assembly Print Number 10 335, an act to amend the General Business Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1646, by Senator Maltese, Senate Print 3417, 25 an act to amend the General Municipal Law.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 55. 11 ACTING PRESIDENT MORAHAN: The 12 bill is passed. 13 The Secretary will read. 14 THE SECRETARY: Calendar Number 15 1647, by Senator Larkin, Senate Print 38 -- 16 SENATOR DUANE: Lay it aside, 17 please. 18 ACTING PRESIDENT MORAHAN: The 19 bill is laid aside. 20 THE SECRETARY: Calendar Number 21 1648, by Senator Young, Senate Print 4571, an 22 act to amend the Real Property Tax Law. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 3. This
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(518) 371-8910 1 act shall take effect immediately. 2 ACTING PRESIDENT MORAHAN: Call 3 the roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT MORAHAN: 6 Announce the results. 7 THE SECRETARY: Ayes, 55. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 1649, by Senator Leibell, Senate Print 4713, 12 an act authorizing and conferring 13 jurisdiction. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 55. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1651, by Senator Alesi, Senate Print 5011, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Senator Montgomery, to explain her vote. 13 SENATOR MONTGOMERY: Yes, 14 Mr. President, just very briefly. 15 I am going to support this 16 legislation. It's a tax exemption to 17 residents for petroleum products. 18 But I just think that it's 19 important for us to be cautious about this 20 program that we have going here in these last 21 few weeks, and that is giving tax exemptions 22 everywhere for everything without 23 consideration of what it means and what it 24 will mean to our state in the long run. 25 And on the other hand, I note that
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(518) 371-8910 1 we are also allowing localities to extend 2 their local taxes. So we're sort of taking 3 out of one pocket and putting in the other. 4 And I just think we should be much more 5 careful in how we do this as it relates to 6 both the burden of taxes on our citizens as 7 well as what is going to happen to the revenue 8 stream for the state. 9 But I'm going to support this 10 legislation. 11 Thank you, Mr. President. 12 ACTING PRESIDENT MORAHAN: 13 Senator Montgomery will be recorded in the 14 affirmative. 15 Announce the results. 16 THE SECRETARY: Ayes, 53. Nays, 17 2. Senators L. Krueger and LaValle recorded 18 in the negative. 19 ACTING PRESIDENT MORAHAN: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 1652, by Senator DeFrancisco, Senate Print 23 5092, an act to amend the Penal Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.
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(518) 371-8910 1 THE SECRETARY: Section 5. This 2 act shall take effect on the 180th day. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Senator DeFrancisco, to explain his vote. 8 SENATOR DeFRANCISCO: Thank you, 9 Mr. President. 10 This bill is modeled after the 11 forfeiture provisions that are currently in 12 law concerning drug offenders, people selling 13 drugs. In situations of drug sellers, 14 currently they not only can be punished 15 criminally, but they can forfeit the property 16 they would otherwise use in the commission of 17 the particular offense. And the theory being 18 that it's just another tool in the arsenal of 19 the public against a very heinous crime, drug 20 dealing. 21 This bill does the same thing with 22 respect to sex crimes against children. It 23 provides for virtually the identical 24 forfeiture process for forfeiting assets that 25 are used in furtherance of the commission of
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(518) 371-8910 1 that crime against the child, a sex crime 2 against a child. 3 And the money that's raised in this 4 fashion is to be placed in a fund that's 5 basically used to help children and inform 6 children and to broadcast to the world how 7 important it is certain things that children 8 should be aware of to avoid sex offenses 9 against them. 10 So it's, I think, a very good bill. 11 Certainly sex offenses against children are as 12 serious as drug offenses that have similar 13 forfeiture provisions. And I would vote aye 14 on this bill. 15 ACTING PRESIDENT MORAHAN: Thank 16 you, Senator. 17 Senator DeFrancisco will be 18 recorded in the affirmative. 19 Announce the results. 20 THE SECRETARY: Ayes, 55. Nays, 21 0. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1653, substituted earlier today by Member of
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(518) 371-8910 1 the Assembly Lancman, Assembly Print Number 2 7885A, an act to amend the Executive Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect January 1, 2008. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 THE SECRETARY: Ayes, 55. 13 ACTING PRESIDENT MORAHAN: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 1656, by Senator Morahan, Senate Print 5698, 17 an act to amend the Real Property Tax Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect July 1, 2009. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:
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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 55. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 1658, by Senator Young, Senate Print 5891, an 7 act to amend Chapter 78 of the Laws of 1981. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 55. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1659, by Senator Nozzolio, Senate Print 5919, 22 an act to amend the Agriculture and Markets 23 Law. 24 ACTING PRESIDENT MORAHAN: Read 25 the last section.
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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 55. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1660, by Senator O. Johnson, Senate Print 13 5928, an act to authorize the Commissioner of 14 Transportation. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 55. 25 ACTING PRESIDENT MORAHAN: The
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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1661, by Senator Saland, Senate Print 5932, an 4 act to amend Chapter 748 of the Laws of 1991. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 55. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1662, by Senator Golden, Senate Print 5992, an 19 act to amend the Real Property Tax Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 55. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 1663, by Senator Padavan, Senate Print 6022, 9 an act to amend the Retirement and Social 10 Security Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 55. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1664, by Senator Winner, Senate Print 6049, an 25 act to amend the Executive Law.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Announce the results. 10 THE SECRETARY: Ayes, 54. Nays, 11 1. Senator Duane recorded in the negative. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 Senator Skelos, that completes the 15 noncontroversial reading of the calendar. 16 SENATOR SKELOS: Mr. President, 17 if we could, there were three bills on the 18 noncontroversial calendar that were laid aside 19 temporarily. 20 If you could call up Calendar 21 Number 385 at this time. 22 ACTING PRESIDENT MORAHAN: The 23 Secretary will read. 24 THE SECRETARY: Calendar Number 25 385, by Senator Trunzo, Senate Print 1260, an
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(518) 371-8910 1 act to amend the Social Services Law. 2 SENATOR TRUNZO: I'd like to 3 place a sponsor's star on that particular 4 bill. 5 ACTING PRESIDENT MORAHAN: 6 Calendar Number 385 will be starred at the 7 request of the sponsor. 8 SENATOR TRUNZO: Thank you. 9 ACTING PRESIDENT MORAHAN: 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could, Calendar Number 506 was laid 13 aside temporarily. If we could call it up at 14 this time. 15 ACTING PRESIDENT MORAHAN: The 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 506, by Senator Larkin, Senate Print 186A, an 19 act to amend the Public Health Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 180th day. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.
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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 53. Nays, 5 2. Senators Duane and Hassell-Thompson 6 recorded in the negative. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 Calendar Number 515 was laid aside 12 temporarily. If you could call it up at this 13 time. 14 ACTING PRESIDENT MORAHAN: The 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 515, by Senator O. Johnson, Senate Print 1287, 18 an act to amend the Executive Law. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 54. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 Senator Skelos. 8 SENATOR SKELOS: On the 9 noncontroversial calendar, Calendar Number 855 10 was laid aside temporarily. If you could call 11 it up at this time. 12 ACTING PRESIDENT MORAHAN: The 13 Secretary will read. 14 THE SECRETARY: Calendar Number 15 855, by Senator Seward, Senate Print 2635, an 16 act to amend the Tax Law. 17 ACTING PRESIDENT MORAHAN: There 18 is a local fiscal impact note at the desk. 19 Read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the first day of a 22 sales tax quarterly period. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 54. Nays, 4 1. Senator Duane recorded in the negative. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 SENATOR SKELOS: Mr. President, 8 if you would recognize Senator Saland. 9 ACTING PRESIDENT MORAHAN: 10 Senator Saland. 11 SENATOR SALAND: Thank you, 12 Mr. President. 13 Mr. President, I would ask, through 14 the courtesy of the house, unanimous consent. 15 I was not in the chamber when Calendar Number 16 128 passed, and I would welcome the 17 opportunity to explain my vote because of the 18 very unique and unfortunate circumstances that 19 really were the reason why this bill, which 20 has passed in the Assembly now and will go to 21 the Governor, was introduced. 22 Some two years ago, a couple in my 23 district, Tim and Laura Lentz, came to see me 24 with an extraordinarily tragic story that 25 involved the loss of their 2-1/2-year-old son,
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(518) 371-8910 1 who, on the 1st of May of 2005, had wandered 2 out and wandered onto a property in the area 3 in which the Lentzes live and, unbeknownst to 4 them, late that prior summer these people had 5 built a swimming pool, put up temporary 6 fencing. The temporary fencing unfortunately 7 had gone into disrepair -- in fact, for all 8 intents and purposes, had fallen down and 9 offered absolutely no protection whatsoever to 10 keep a child from wandering into the pool. 11 And this child, Matthew Lentz, a 12 2-1/2-year-old child, was found in that pool, 13 on top of a pool cover -- it wasn't a safety 14 cover -- and he died in 2 1/2 feet of water. 15 Laura Lentz and her husband have 16 labored long and hard to try and ensure that 17 other children be better protected than was 18 her son, their son. And what this bill does 19 it to try to accomplish that. 20 There are in the residential code 21 certainly provisions for adequate fencing. 22 The problem, however, is that the code does 23 not provide anything with regard to duration 24 of that fencing nor permanency of that 25 fencing. And what this legislation does, it
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(518) 371-8910 1 basically says you've got to get that fence up 2 within 90 days, subject to certain conditions. 3 And it provides, I think, far 4 greater protection to other toddlers and young 5 children so that their parents and their loved 6 ones, their guardians, will be spared the 7 horrible ordeal that the Lentzes have 8 unfortunately had to endure. But I certainly 9 commend them for their fortitude, their 10 diligence, and their commitment to try to help 11 children of other families. 12 Thank you, Mr. President. 13 ACTING PRESIDENT MORAHAN: You're 14 welcome, Senator Saland. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 there will be an immediate meeting of the 18 Rules Committee in the Majority Conference 19 Room. 20 ACTING PRESIDENT MORAHAN: There 21 will be an immediate meeting of the Rules 22 Committee in the Majority Conference Room. 23 The Senate will stand at ease. 24 (Whereupon, the Senate stood at 25 ease at 11:58 a.m.)
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(518) 371-8910 1 (Whereupon, the Senate reconvened 2 at 12:09 p.m.) 3 ACTING PRESIDENT MORAHAN: 4 Senator Skelos. 5 SENATOR SKELOS: Thank you, 6 Mr. President. 7 If we could return to reports of 8 standing committees, I believe there's a 9 report of the Rules Committee at the desk. I 10 ask that it be read at this time. 11 ACTING PRESIDENT MORAHAN: 12 Reports of standing committees. 13 The Secretary will read. 14 THE SECRETARY: Senator Bruno, 15 from the Committee on Rules, reports the 16 following bills: 17 Senate Print 234, by Senator 18 Larkin, an act to amend the State Finance Law; 19 2449A, by Senator Golden, an act to 20 amend the Public Health Law; 21 3202, by Senator LaValle, an act to 22 amend the Tax Law; 23 3308, by Senator Wright, an act to 24 amend the Tax Law; 25 4630B, by Senator Saland, an act to
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(518) 371-8910 1 amend the Domestic Relations Law; 2 4921A, by Senator Lanza, an act to 3 authorize; 4 5676A, by Senator Young, an act to 5 amend the Agriculture and Markets Law; 6 5746A, by Senator Stachowski, an 7 act to authorize; 8 5806, by Senator Flanagan, an act 9 to repeal; 10 5868, by Senator Padavan, an act to 11 amend the Education Law; 12 5939, by the Senate Committee on 13 Rules, an act to amend the Tax Law; 14 5969, by the Senate Committee on 15 Rules, an act to amend the Tax Law; 16 5975, by Senator O. Johnson, an act 17 to amend Chapter 589 of the Laws of 2000; 18 5980, by Senator Winner, an act to 19 amend the Correction Law; 20 5982A, by Senator Wright, an act to 21 amend the Transportation Law; 22 5985, by Senator Leibell, an act to 23 authorize; 24 5990, by Senator Golden, an act to 25 amend the Private Housing Finance Law;
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(518) 371-8910 1 6004, by Senator Griffo, an act to 2 amend the Education Law; 3 6061, by the Senate Committee on 4 Rules, an act to amend the Tax Law. 5 6081, by Senator Volker, an act to 6 authorize; 7 6100, by Senator Griffo, an act to 8 amend the Civil Service Law; 9 And Senate Print 6119, by Senator 10 Bruno, an act to amend the Education Law and 11 the Real Property Tax Law. 12 All bills ordered direct to third 13 reading. 14 ACTING PRESIDENT MORAHAN: 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 move to accept the report of the Rules 18 Committee. 19 ACTING PRESIDENT MORAHAN: On the 20 motion to move the report of the Rules 21 Committee, all in favor say aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT MORAHAN: 24 Opposed, nay. 25 (No response.)
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 report is accepted. 3 SENATOR SKELOS: Thank you, 4 Mr. President. 5 For the members that are not in the 6 chamber, we're now going to take up the Senate 7 Supplemental Calendar 60A, noncontroversial. 8 If you wish to register a no vote, you should 9 be in the chamber. 10 ACTING PRESIDENT MORAHAN: The 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 1666, by Senator Larkin, Senate Print 234, an 14 act to amend the State Finance Law and the 15 Military Law. 16 ACTING PRESIDENT MORAHAN: Read 17 the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MORAHAN: Call 21 the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT MORAHAN: 24 Announce the results. 25 THE SECRETARY: Ayes, 56.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 1668, by Senator LaValle, Senate Print 3202, 5 an act to amend the Tax Law. 6 ACTING PRESIDENT MORAHAN: Read 7 the last section. 8 THE SECRETARY: Section 7. This 9 act shall take effect on the first day of a 10 sales tax quarterly period. 11 ACTING PRESIDENT MORAHAN: Call 12 the roll. 13 (The Secretary called the roll.) 14 ACTING PRESIDENT MORAHAN: 15 Announce the results. 16 THE SECRETARY: Ayes, 56. 17 ACTING PRESIDENT MORAHAN: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 1669, by Senator Wright, Senate Print 3308, an 21 act to amend the Tax Law. 22 ACTING PRESIDENT MORAHAN: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: Ayes, 55. Nays, 7 1. Senator L. Krueger recorded in the 8 negative. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 1670, by Senator Saland, Senate Print 4630B, 13 an act to amend the Domestic Relations Law. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 10. This 17 act shall take effect on the 90th day. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 56. 24 ACTING PRESIDENT MORAHAN: The 25 bill is passed.
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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1671, by Senator Lanza, Senate Print 4921A, an 3 act to authorize the City of New York to 4 discontinue. 5 ACTING PRESIDENT MORAHAN: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 5. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Announce the results. 15 THE SECRETARY: Ayes, 56. 16 ACTING PRESIDENT MORAHAN: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 1672, by Senator Young, Senate Print 5676A, an 20 act to amend the Agriculture and Markets Law. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MORAHAN: Call
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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1673, by Senator Stachowski, Senate Print 10 5746A, an act to authorize the Town of 11 Cheektowaga. 12 ACTING PRESIDENT MORAHAN: There 13 is a home-rule message at the desk. 14 Read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 56. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number
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(518) 371-8910 1 1674, by Senator Flanagan, Senate Print 5806, 2 an act to repeal the Community Facilities 3 Project Guarantee Fund Act. 4 ACTING PRESIDENT MORAHAN: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 56. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1675, by Senator Padavan, Senate Print 5868, 18 an act to amend the Education Law. 19 ACTING PRESIDENT MORAHAN: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MORAHAN: Call 24 the roll. 25 (The Secretary called the roll.)
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Announce the results. 3 THE SECRETARY: Ayes, 54. Nays, 4 2. Senators Hassell-Thompson and L. Krueger 5 recorded in the negative. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1676, by the Senate Committee on Rules, Senate 10 Print 5939, an act to amend the Tax Law. 11 ACTING PRESIDENT MORAHAN: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 56. 21 ACTING PRESIDENT MORAHAN: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 1677, by the Senate Committee on Rules, Senate 25 Print Number 5969, an act to amend the Tax
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(518) 371-8910 1 Law. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MORAHAN: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT MORAHAN: 10 Announce the results. 11 THE SECRETARY: Ayes, 56. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 Senator Bonacic, to explain his 15 vote. 16 SENATOR BONACIC: Thank you, 17 Mr. President. 18 I think the number-one issue on the 19 people's minds in many parts of the state of 20 New York is to eliminate the rising school 21 property taxes. What is happening in our 22 state is that the cost of owning a home is 23 escalating and that people's wages are not 24 keeping up with the rising taxes and the 25 rising interest rates.
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(518) 371-8910 1 People have to choose between 2 saving their house and voting on school 3 budgets. We continue in this house to take 4 steps -- 5 SENATOR LaVALLE: Mr. President, 6 what bill number are we on? 7 ACTING PRESIDENT MORAHAN: We're 8 on Calendar Number 1677, Bill Number 5969, by 9 Rules, regarding a sales tax issue for 10 Delaware County. 11 SENATOR LaVALLE: Thank you, 12 Mr. President. 13 SENATOR BONACIC: Mr. President, 14 it was my error. I thought that the bill 15 before us was Bill Number 1687, by Senator 16 Bruno, on school property taxes. 17 I will reserve my remarks for when 18 that comes up. And I apologize to the members 19 of the chamber. 20 ACTING PRESIDENT MORAHAN: 21 Apology accepted. Thank you very much, 22 Senator Bonacic. 23 The Secretary will read. 24 THE SECRETARY: In relation to 25 Calendar Number 1678, Senator O. Johnson moves
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(518) 371-8910 1 to discharge, from the Committee on Rules, 2 Assembly Bill Number 8304 and substitute it 3 for the identical Senate Bill Number 5975, 4 Third Reading Calendar 1678. 5 ACTING PRESIDENT MORAHAN: 6 Substitution ordered. 7 The Secretary will read. 8 THE SECRETARY: Calendar Number 9 1678, by Member of the Assembly Englebright, 10 Assembly Print Number 8304, an act to amend 11 Chapter 589 of the Laws of 2000. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Announce the results. 21 THE SECRETARY: Ayes, 56. 22 ACTING PRESIDENT MORAHAN: The 23 bill is passed. 24 THE SECRETARY: Calendar Number 25 1679, by Senator Winner, Senate Print --
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(518) 371-8910 1 SENATOR DUANE: Lay it aside, 2 please. 3 ACTING PRESIDENT MORAHAN: The 4 bill is laid aside. 5 THE SECRETARY: Calendar Number 6 1680, by Senator Wright, Senate Print 5982A, 7 an act to amend the Transportation Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 56. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1681, by Senator Leibell, Senate Print 5985, 22 an act to authorize John P. O'Leary to apply 23 for retroactive membership. 24 ACTING PRESIDENT MORAHAN: A 25 home-rule message is at the desk.
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(518) 371-8910 1 Read the last section. 2 THE SECRETARY: Section 4. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MORAHAN: Call 5 the roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT MORAHAN: 8 Announce the results. 9 THE SECRETARY: Ayes, 56. 10 ACTING PRESIDENT MORAHAN: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 1682, by Senator Golden, Senate Print 5990, an 14 act to amend the Private Housing Finance Law. 15 ACTING PRESIDENT MORAHAN: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MORAHAN: Call 20 the roll. 21 (The Secretary called the roll.) 22 ACTING PRESIDENT MORAHAN: 23 Announce the results. 24 THE SECRETARY: Ayes, 56. 25 ACTING PRESIDENT MORAHAN: The
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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 1683, by Senator Griffo, Senate Print 6004, an 4 act to amend the Education Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first of July. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 56. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 1684, by the Senate Committee on Rules, Senate 19 Print Number 6061, an act to amend the Tax 20 Law. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MORAHAN: Call
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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT MORAHAN: 4 Announce the results. 5 THE SECRETARY: Ayes, 56. 6 ACTING PRESIDENT MORAHAN: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 1687, by Senator Bruno, Senate Print 6119, an 10 act to amend the Education Law and the Real 11 Property Tax Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MORAHAN: Call 17 the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT MORAHAN: 20 Senator Saland, to explain his vote. 21 SENATOR SALAND: Thank you, 22 Mr. President. 23 Mr. President, over the course of 24 certainly my service in this house, and even 25 before that, the Senate has always been in the
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(518) 371-8910 1 forefront of trying to deal with the issue of 2 both real property tax relief and real 3 property tax reform, certainly in the context 4 particularly of school tax relief and school 5 tax reform. 6 Back as recently as a couple of 7 years ago, in December of '05, we announced 8 what was the precursor of the STAR rebate 9 program. Yesterday this house, with near 10 unanimity, passed another school property tax 11 relief proposal which would have the state 12 pick up the employer's share of the teacher's 13 retirement system payments and require that 14 those dollars be used to reduce local tax 15 levies or, in the case of City of New York, 16 local tax levies and the PIT. 17 What's before us today is a 18 comprehensive or omnibus bill which attempts 19 to deal as broadly as possible with a number 20 of different components of the school tax 21 reform issue. 22 On the one hand, there's a measure 23 which proposes -- the measure in part proposes 24 to provide an optional system whereby school 25 districts, through acts of their local
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(518) 371-8910 1 residents and taxpayers, could opt in for a 2 state takeover of the local property tax 3 portion on primary residences, a measure that 4 would phase in over a period of five years 5 after which, assuming all 670 or so 6 independent school districts opted in, would 7 result in an expense to the state of 8 approximately $9 billion to $9.5 billion, 9 offset by anticipated revenues of some 10 $33 billion over that same period. 11 This measure would not require the 12 state to be responsible for capital costs. 13 Assuming schools wanted to build Taj 14 Mahal-type buildings, or school boards or 15 school superintendents, local taxpayers would 16 be the check on that. At the end of five 17 years, there would be a CPI increase. 18 This is certainly a measure which 19 would afford and respond to the constant 20 clamor that we hear from virtually every 21 suburban and rural school district throughout 22 the state. And there are certainly any number 23 of hot spots, particularly including the 24 region in which I live, which are clamoring 25 for real property tax reform.
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(518) 371-8910 1 In addition, there are components 2 of this bill that reflect measures that have 3 been seen in this house as introduced by 4 Senator Little, and I'm sure she may well want 5 to comment on those; the blue ribbon 6 commission that this house has done 7 previously; mandate relief, which I have 8 offered in this house on more than one 9 occasion, which would remove the burden of 10 unfunded mandates from local districts; and 11 certainly senior citizen property tax relief, 12 something that's been of great interest to 13 many and of interest particularly to 14 Senator Little and Senator LaValle. 15 This proposal is really where it's 16 at. Many people talk about tax reform, real 17 property tax reform, school tax reform. The 18 Governor has identified it as a priority. 19 There are people in the Assembly who speak of 20 the importance and the critical need for 21 school tax reform. And yet words without 22 action tend to be empty. 23 We are here today advancing this 24 bill and saying to the other parties -- the 25 Governor, the Assembly -- if you have
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(518) 371-8910 1 something, the time for talk has long since 2 expired. Put it out there, let us see it, 3 engage us. If it's as important as you claim 4 it is, there has to be some alternative that 5 you would propose. 6 We are the only game in town, have 7 been the only game in town for a number of 8 years. And it's time not merely to talk the 9 talk, it's time to walk the walk. And we 10 invite both the second floor and our cotenants 11 here on the third floor to do something -- not 12 sit on their hands, not engage in idle 13 rhetoric, do something. Tell people that you 14 really have a plan. 15 Let's provide more than lip 16 service. If you don't like what we have, show 17 us something better. We're eager to see it. 18 But for God's sake do something. People are 19 desperate for reform. Seniors are forced to 20 sell their houses. Young people can't afford 21 to buy a house. People in between struggle 22 with critical decisions to make as to how 23 they're going to fund their budgets. 24 Please do something. The pain is 25 at the point of where it's unbearable. We,
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(518) 371-8910 1 with this comprehensive package, are doing our 2 best to advance this and hope that somebody 3 would have the intestinal fortitude to engage, 4 whether it be the second floor or, as I said, 5 our friends in the Assembly. 6 Thank you, Mr. President. Needless 7 to say, I'm very much in support of this bill, 8 as are my colleagues on this side of the 9 aisle. 10 ACTING PRESIDENT WRIGHT: Thank 11 you. 12 Senator Bonacic. 13 SENATOR BONACIC: Thank you, 14 Mr. President. 15 I'd like to start by thanking 16 Senator Saland, Senator LaValle, Senator 17 Larkin, Senator Little, who have all stepped 18 up with legislation, including myself, to try 19 to address the escalation in property taxes. 20 It affects all segments of our population, in 21 the Island, the Hudson Valley, the 22 Adirondacks, our seniors, our middle class 23 families, and our young people. 24 And right now we're about 25 53 percent above the national average when it
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(518) 371-8910 1 comes to the amount of our school taxes. And 2 we pay about $14,000 per pupil, the highest in 3 the nation. And we've given, the last two 4 years, record increases in school aid. Yet 5 what's happening to property taxes? In my 6 district, the Hudson Valley, they went up 5, 7 6 percent this past time, when we gave 8 $1.8 billion. 9 This house has acted responsibly. 10 They have recognized that this is the 11 number-one people's issue, school property 12 taxes. And yet we can't get the Assembly to 13 act. The Assembly seems to talk a good game, 14 but they don't move any legislation at all. 15 Some of the stuff they've done -- 16 and by the way, they've passed 629 bills as of 17 yesterday in that house. Things such as corn 18 as a state vegetable, which we talked about a 19 little bit; defining an electric-assisted 20 bicycle; directing the DEC to update their 21 brochures; permitting wine tastings between 22 4:00 and 10 o'clock. Making the phrase "I 23 Love New York" the official state slogan, as 24 opposed to the unofficial state slogan "I love 25 New York, but I hate the high taxes."
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(518) 371-8910 1 So don't you think that the 2 Assembly would at least address -- I know in 3 Westchester, the Hudson Valley, I know in 4 Nassau and Suffolk, it's affecting all of our 5 constituents very, very badly. I ask my 6 Senate colleagues to reach into the other 7 house, make it a priority to address school 8 property taxes. We have provided a solution. 9 The Assembly has done absolutely nothing. 10 And all of this legislation is for 11 referendum. Let the people decide whether 12 they want to eliminate school property tax and 13 look to the state for added sources of 14 revenue. We empower the people to determine 15 whether they want to keep the status quo or 16 start phasing out school property taxes. 17 So I again thank every colleague in 18 this house for supporting our efforts, and we 19 ask the Assembly do something. 20 Thank you, Mr. President. 21 ACTING PRESIDENT WRIGHT: Thank 22 you. 23 Senator Little. 24 SENATOR LITTLE: Thank you, 25 Mr. President.
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(518) 371-8910 1 In the past year, I've attended a 2 number of groups that have formed within my 3 district, and they're all taxpayer groups. 4 Because they know and they believe -- and it's 5 true -- New York State has the highest 6 property taxes in the country. 7 And when I go to these groups, the 8 people are saying to me, Stop taxing our 9 property. We are reaching a point where we 10 have to make a decision as to whether we can 11 stay in our home or whether we need to move to 12 another state which has lower property taxes. 13 They are fearful when they go to their mailbox 14 to see what is the value of my house this 15 year, what are my taxes going to be this year. 16 We have rising property values in 17 New York State. There are several proposals 18 in here that we have proposed throughout the 19 past several years. But we've put them 20 together in a package that we're calling 21 New York Stop. New York, stop taxing our 22 property. And I think that this is a cry that 23 just about everybody in New York State can 24 make. 25 Not only are we calling again for
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(518) 371-8910 1 that commission -- and we do have a bill and a 2 sponsor in the Assembly. It could easily pass 3 through the Assembly. If it was on the floor, 4 I'm sure it would pass. That commission would 5 look at all these bills and come up with a 6 consensus to change the way we raise taxes and 7 how we tax property in New York State and 8 reform the whole property tax system. 9 A second proposal that's in here 10 that I know, I know would be very, very 11 helpful to the people in my district and to 12 the people in your district, whether you're in 13 New York City, in Buffalo, Long Island, in the 14 Adirondacks, the Hudson Valley. It says that 15 for a 65-year-old person with an income less 16 than $100,000, we will freeze their taxable 17 value. Their assessment will stay at that 18 value for what they have to pay. 19 So their assessment, when they're 20 65, is this. The assessor continues to assess 21 their property, and it's going up. Regardless 22 of what they do to the property, the value 23 increases. And the state will make up the 24 difference. The assessor applies to the state 25 for the county, school, and town property
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(518) 371-8910 1 taxes that this 65-year-old no longer has to 2 pay. That in itself would address the issue 3 of people not having the ability to pay their 4 property taxes. 5 I have a gentleman who is head of 6 one of our taxpayer groups who is in a home 7 that his family owned for years. It is on a 8 lake, so the value has gone crazy. But his 9 taxes are like $17,000 a year, and his income 10 is less than $70,000 a year. I mean, he 11 thought he had a good income. He hasn't added 12 anything to his house. It's just that the 13 value keeps going up. 14 So his choice, sell the house and 15 move elsewhere. In order to stay there, he is 16 not going to have the income to pay the 17 property taxes. 18 This bill freezes taxable value at 19 65 and lets the state pay the difference. And 20 then when he sells or moves, the house goes up 21 to its market value and you collect the taxes 22 from the next owner. Who, by the way, would 23 not buy that house if they didn't have the 24 income to go with it. 25 It's for our people who live in a
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(518) 371-8910 1 house they've lived in for a long time, 2 they're doing nothing to it, but the market is 3 increasing so much that they no longer can 4 afford to pay those taxes. 5 That's one of the bills. The bill 6 that Senator Saland spoke about, Senator 7 Bonacic's bills. Senator LaValle has 8 proposals in here. 9 We have to do something. You 10 cannot sit back and talk about a myriad of 11 other issues when our constituents are talking 12 about nothing but property taxes. 13 I vote aye on this bill. I thank 14 everyone who has participated in putting it 15 together. And I really hope that this will be 16 a unanimous vote. Thank you. 17 ACTING PRESIDENT WRIGHT: Senator 18 Little will be recorded in the affirmative. 19 I would remind the members that 20 there are time limits on explanations of their 21 vote. 22 Senator LaValle. 23 SENATOR LaVALLE: Thank you, 24 Mr. President. 25 This body has repeatedly been a
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(518) 371-8910 1 voice crying out in the wilderness. But as 2 you have heard from the speakers in our 3 districts, the voice of the people that we 4 represent is a constant, steady one, one of 5 cries, one of cries of "help." 6 And so I want to thank our Majority 7 Leader, Senator Bruno, for being so focused. 8 And I believe that in our term we are not 9 going to leave this Capitol without 10 significant real property tax relief. 11 This bill does something very, very 12 significant, something we've talked about with 13 our constituents over the years. And that is 14 reducing the pressure and the tax on school 15 real property taxes and moving that to the 16 broader-based taxes, which we do using the 17 sales tax, the income tax, the business taxes 18 when we use state aid to education. And this 19 is a very thoughtful bill and will bring a 20 great relief. 21 There are members here who have 22 their entire careers been focused on this 23 issue. I am convinced, as I am standing here 24 today with our Majority Leader -- and we 25 should hear what Senator Little said, this
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(518) 371-8910 1 bill should pass unanimously so that everyone 2 in this Capitol hears that this body is united 3 in passing real property tax relief. 4 I vote in the affirmative, 5 Mr. President. 6 ACTING PRESIDENT WRIGHT: Senator 7 LaValle will be recorded in the affirmative. 8 Senator Rath. 9 SENATOR RATH: Thank you, 10 Mr. President. 11 I too rise to support this bill and 12 congratulate the sponsors of the several 13 pieces of legislation that are included in the 14 bill. 15 It occurs to me, as we are hoping 16 to pass this unanimously, that we need 17 partners, our partners not only in this 18 chamber but our partners in the Assembly and 19 our partner who sits on the second floor. 20 When I came to this Legislature a 21 number of years back, I came with the 22 intention of helping to reduce taxes. We have 23 worked mightily in this Senate on reducing 24 taxes in a variety of ways. The STAR program 25 has been helpful. Could we get a tax cap or a
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(518) 371-8910 1 spending cap at that time when we put STAR 2 through? No, we couldn't. Spending is still 3 out of control in many places. The rebate, is 4 that helpful? Yes, the rebate dollars that go 5 back directly to the taxpayers, those are 6 helpful. 7 But it's still not real reform. 8 This is real reform of the way New York State 9 taxes and produces services, in partnership 10 with our school boards. Can we get the school 11 boards and the people in the school districts 12 to vote in favor of that? The people have a 13 chance here. They can do a petition, 14 25 percent of the people that voted in the 15 last school board election or people that 16 voted in the last election in the big five 17 school districts. 18 Here are our partners. And do you 19 know how I know they're going to be our 20 partners? Because they're looking at us right 21 now as the camera is trained at me and on my 22 colleagues, as we voted a long time ago and 23 now have these sessions televised. 24 So I'm imploring not only my 25 colleagues here in the chamber to vote
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(518) 371-8910 1 unanimously for this, but for our constituents 2 out there throughout New York State: Call 3 your Assemblyman, call the Governor. Say you 4 want to be able to get this on the ballot in 5 your school district next year. You want a 6 chance to be able to eliminate school district 7 property taxes on primary residences. 8 It's real reform. I vote aye, 9 Mr. President. 10 ACTING PRESIDENT WRIGHT: Senator 11 Rath will be recorded in the affirmative. 12 I would remind the members that 13 conversations should be held outside the 14 chambers. 15 Senator Morahan. 16 SENATOR MORAHAN: Thank you, 17 Mr. President. 18 I too rise to support this 19 important legislation. Over the past year, 20 back home in my district, I have met with all 21 the school board and school superintendent -- 22 school board presidents, school board 23 superintendents, as a group, talking about 24 mandates. One of the biggest mandates they 25 spoke of is the pension costs.
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(518) 371-8910 1 Yesterday Senator Saland's bill -- 2 our chair of education -- addressed that 3 issue, with the state assuming that 4 responsibility in the future should the 5 Assembly and the Governor join with us. 6 I also met with all the union heads 7 of all the districts about some of the things 8 that we do, we mandate, that takes time from 9 them, from their students, and makes educating 10 students even more expensive than it is. And 11 we have integrated their input. 12 We also met with business leaders 13 on the issue of fairness of the whole property 14 tax issue and where should we shift and how 15 should we shift the cost of education. And 16 the idea of a local referendum, the idea of 17 giving control back to the school districts 18 and the people within the school districts, 19 rang true with my constituents. 20 In addition, there's a particular 21 problem in one of my school districts wherein 22 two major plants, through a court certiorari, 23 won a $200 million settlement that the school 24 board, one school board, now has to pay to 25 those plant owners, escalating our property
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(518) 371-8910 1 taxes beyond anyone's comprehension just a few 2 years ago. 3 We can't lose sight, however, when 4 we talk about property tax, of the other 5 taxes. Our concentration here obviously is on 6 the school tax, but we have town taxes, 7 village taxes. And we're always concerned if 8 some other entity or municipality will slide 9 into the vacuum that we may create, as we have 10 created with STAR, with the rebate program. 11 This is a universal bill. This is 12 a comprehensive bill. This is one that really 13 takes on the education of our children, off 14 the back of the local property taxpayer, gives 15 them options, and continues our efforts to 16 find a fairer way, a more just way to cover 17 the cost of educating our children. 18 But this one issue, property taxes 19 have reached a confiscatory level, it is the 20 hottest issue in the Hudson Valley area and 21 I'm sure throughout Long Island and other 22 suburban counties and upstate New York as 23 well, and even in the City. It has gotten 24 beyond what it is we can do. It has gotten 25 beyond what the people can pay.
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(518) 371-8910 1 So I congratulate Senator Bruno for 2 bringing all of us together, all the proposals 3 that we've had on the table of various bills, 4 to make a universal bill, if you will, to get 5 this issue moving in the right direction. 6 And hopefully the Assembly will 7 join us on meaningful legislation. We're 8 prepared to meet with them. We're prepared to 9 conference with them. We're prepared to work 10 with them so that on behalf of all of our 11 taxpayers and the industry, if you will, of 12 New York and our job creation, all that is 13 related to property tax can get resolved in an 14 equitable and fair way. 15 Thank you, Mr. President. 16 ACTING PRESIDENT WRIGHT: Senator 17 Morahan will be recorded in the affirmative. 18 Senator Leibell. 19 SENATOR LEIBELL: Thank you, 20 Mr. President. 21 As you've heard from many of my 22 colleagues today explaining what is occurring 23 in their districts, I will also echo those 24 comments. 25 You cannot walk down a street in my
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(518) 371-8910 1 home district without someone coming over and 2 speaking to you about this issue of property 3 taxes. In the course of my years both in the 4 Assembly and now in the Senate, I have never 5 seen an issue that has galvanized our 6 constituents like this one has. 7 And the reason is really quite 8 simple. The reason is people are being forced 9 out of their homes, they're making 10 determinations on moving out of New York 11 State, of leaving their businesses because of 12 this onerous tax. 13 I can see here today, up in the 14 gallery, many young people. And I can assume 15 that most of them are probably from New York 16 State. I would hope that as their future 17 unfolds they would wish to go to school here, 18 get higher education here, be employed here 19 and continue to live their lives in New York 20 State. 21 However, if we don't come to grips 22 now, right now, with this problem of property 23 taxes, we will make this state a tale, if you 24 think of the book title "A Tale of Two 25 Cities," a tale of two states. And it will be
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(518) 371-8910 1 a state of the very wealthy and possibly the 2 very poor, but the middle class will look for 3 the exit sign. 4 We are financing education today 5 through what I believe to be an archaic system 6 that long ago outlived its usefulness. We 7 have a package of legislation that's been put 8 before this house, and I compliment all the 9 sponsors for their work -- and the staff -- 10 that has gone into this. I believe that if 11 enacted, these bills will go a long way 12 towards addressing the problem of property tax 13 relief that is so necessary for New York 14 State. 15 My colleagues, we have to act. We 16 have no choice. The time is now. And we can 17 only hope that our colleagues in the other 18 house will do the same and that the Governor, 19 that the Governor will recognize the 20 importance of this issue to the future of the 21 Empire State. 22 Thank you, Mr. President. I vote 23 aye. 24 ACTING PRESIDENT MORAHAN: Thank 25 you, Senator Leibell. You will be recorded in
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(518) 371-8910 1 the affirmative. 2 Senator Larkin. 3 SENATOR LARKIN: Thank you, 4 Mr. President. I rise in support of this 5 legislation. 6 You know, when you get as old as 7 Tom Morahan and I, you have to look at the 8 future and you have to say, how long can I 9 stay here. The number-one issue wherever I go 10 in my district is when, when are you people in 11 Albany -- the Assembly, Senate and the 12 Governor -- going to sit down and do something 13 so that we won't have to vote with our feet. 14 Because that's what's happening to our state. 15 Earlier in a press conference today 16 we talked about how many United States 17 Congressmen we had at one time: 45. We're 18 down to 29. And in the next census, we'll 19 probably be down to 25, 26, or 27. Because 20 people are voting with their feet. They 21 cannot afford to stay in the state. 22 When you start asking young people 23 to reside with their parents and live near 24 their parents, they'd love to. If their 25 parents are rich like Neil Breslin -- I woke
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(518) 371-8910 1 you up, huh? -- they'll be able to stay here. 2 But if they're ordinary New Yorkers, they're 3 going to find it's a problem, because we tax 4 and tax and tax. When do we start to think 5 about doing something? 6 Well, this bill does something. 7 You know, there's two issues on this bill -- 8 and there's many that everybody should read, 9 but there's two things when you talk about 10 someone age 65 or over, with an income of 11 $100,000 or less. People tell me that in 12 New York City, that's a drop in the bucket. 13 But that's where you start. Should we maybe 14 change it later on? 15 Senator Lanza said we should review 16 it. Senator Marcellino says you have to 17 understand what it means out on Long Island to 18 us. It means the survival of the state. 19 Are we going to be the last one to 20 put the lights out when we leave this state? 21 I hope not. 22 We come to Albany to do something, 23 to tell the people back home we are there for 24 you, we're your representative. And their 25 answer is very clear: Then when are you going
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(518) 371-8910 1 to do something that will enable me to 2 survive? 3 Survival is the issue. It isn't 4 something that people say I can do it. I 5 visited about a hundred senior citizens in the 6 past two months at their home. And when I 7 went in, the first thing they said is, Help 8 us. Help me. Let me stay here so I can watch 9 my children, my grandchildren and my 10 great-grandchildren rise up and be future 11 parts of this state. Don't force me to sell 12 and move thousands of miles away where the 13 property is cheaper. 14 One county in North Carolina, a 15 three-bedroom home, 2 1/2 baths, two-car 16 garage, sits on three-quarters of an acre in a 17 cul-de-sac. Total taxes -- garbage, water 18 sewers -- $923 a year. You know how I know 19 it? It's mine. 20 And when I look around in my area 21 that I live in, young people can't afford it. 22 The taxes for just school in our area is 23 $16,000 to $20,000. What young person coming 24 out of college, trying to start a family or 25 just be a worker, where can they go when
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(518) 371-8910 1 they're paying that kind of taxes? They can't 2 live near their families. 3 So what are they doing? Goodbye, 4 mom. Goodbye, dad. Call me. We're going to 5 Arizona, the Carolinas, someplace else. 6 Why don't we get here together, 7 pass this bill -- it should be passed 8 unanimously -- and then tell the Assembly and 9 the Governor, join the people of the State of 10 New York, give them an incentive to stay in 11 New York and raise their family. Give the 12 seniors that incentive to say I'm proud to be 13 a New Yorker. 14 Let's not just turn around and put 15 some more garbage out there that we're going 16 to do this and we're going to do that. Now is 17 the time to act. Read this bill and make sure 18 you vote today. Vote for today, vote for the 19 future of New York tomorrow. 20 Thank you. 21 ACTING PRESIDENT MORAHAN: Thank 22 you, Senator Larkin. You will be recorded in 23 the affirmative. 24 Senator Hannon. 25 SENATOR HANNON: Thank you,
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(518) 371-8910 1 Mr. President. 2 ACTING PRESIDENT MORAHAN: To 3 explain his vote, which usually takes a couple 4 of minutes. 5 SENATOR HANNON: Thank you, 6 Mr. President. 7 ACTING PRESIDENT MORAHAN: You're 8 welcome. 9 SENATOR HANNON: I appreciate the 10 ability to rise and explain my support for 11 this important legislation. I thank Senator 12 Bruno and Senators Little, Bonacic and Saland 13 for bringing this to the floor. 14 Stopping the rise in property 15 taxes, a freeze for assessments for seniors, a 16 blue ribbon commission, and mandate relief are 17 important items to add to our legislative 18 agenda. 19 As I was negotiating a piece of 20 legislation for a company that's in my 21 district for needing a foreign trade zone 22 extension, I was talking to the young CFO of 23 that company, someone who has left a Big Five 24 accounting firm, and he explained to me that 25 while he could have located in my district or
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(518) 371-8910 1 in North Carolina, that he chose to locate in 2 North Carolina and commute. Because the taxes 3 were a difference between under $1,000 a year 4 and $9,000 a year. 5 I can't think of having a system 6 that is a bigger deterrent to the future of 7 this state than the way we have allowed our 8 property tax system to evolve. And it's worse 9 and worse because the federal government, with 10 their alternate minimum tax, no longer allows 11 the full deduction for property taxes that we 12 used to have. 13 So putting this freeze in, allowing 14 the opportunity for a local school district, 15 by petition, to opt into this, making it 16 voluntary for them but also making it more 17 predictable for where the costs will be to a 18 school district in the future is something we 19 need to do. 20 Thank you. I vote in the 21 affirmative. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Hannon. You will be recorded in 24 the affirmative. 25 Senator Volker, to explain his
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(518) 371-8910 1 vote. 2 SENATOR VOLKER: Mr. President, 3 very quickly. 4 I do not want my silence to be 5 interpreted as to the fact that we upstaters 6 and way-upstaters don't feel the pinch of real 7 property taxation. We certainly do. 8 We realize, I think -- well, a lot 9 of my constituents probably don't realize that 10 downstate New York has probably the highest 11 taxation in the United States of America, or 12 certainly close to it. And certainly it's not 13 the state's total fault by any means. But 14 whoever is at fault for it, we desperately 15 need to move on the issue of taxation. 16 For 12 years this body probably 17 passed more tax-cut legislation than anybody 18 in the United States of America. And the 19 result of that was that New York cut more 20 taxes on a state level than any state in the 21 union ever has. 22 Now, people like the Business 23 Council and a lot of people, particularly in 24 downstate New York, frankly paid almost no 25 attention. To this day I tell people, you
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(518) 371-8910 1 know, We cut an enormous amount of taxes. 2 They say: Oh, that's nice, good job. We're 3 now, I think, sixth or seventh in the country 4 in per-capita state taxes. 5 However, what people are telling 6 you, and it's correct, that if you put 7 everything together, particularly from 8 Syracuse east, you have the highest taxation 9 in the United States of America. 10 But even though, you know, our 11 taxes are not as high -- we have a situation 12 in Buffalo where the assessments are some of 13 the lowest in the Northeast. And the people 14 basically don't pay any school taxes, because 15 the State of New York gives about 80 percent 16 of the aid and the federal government another 17 10 percent. People in Buffalo really don't 18 realize. 19 And I had some public official say, 20 "Well, we don't care about school taxes in 21 Buffalo." I said, "I know you don't. Because 22 we take care of it." 23 But then as soon as you move across 24 the line into the suburbs and you get out into 25 my district, in Erie, Livingston, Wyoming and
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(518) 371-8910 1 Ontario -- and those are the four counties 2 that I represent -- now you're in a whole 3 other issue. And what's happening is the 4 assessments are now starting to rise. 5 My town very quietly has become one 6 of the fastest-growing towns in the state of 7 New York. The local newspaper is ignoring it; 8 that's fine. But it's getting big. But the 9 problem is, so are the assessments. And as 10 the assessments get bigger, yeah, the town is 11 collecting some taxes, but the school 12 district, quite obviously, is going to have -- 13 is raising their taxes. 14 We must deal with this issue, not 15 just because it's a terrific issue in terms of 16 people staying in this state and dealing with 17 the State of New York's situation, but also 18 because psychologically it's creating a huge 19 problem for us. It's a problem where people 20 are saying, Well, I don't know if we want to 21 stay here anymore. Let's go someplace else. 22 Is this bill the perfect answer to 23 everything? Of course not. Nobody says it 24 is. But we've got to get started dealing with 25 this issue.
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(518) 371-8910 1 It was a big issue in the 2 gubernatorial campaign. And as you see, it's 3 kind of fallen off the table. And the reason 4 is it's not easy to deal with. I think 5 Governor Spitzer probably didn't realize how 6 tough it is to deal with. 7 But we've got to deal with it. 8 This bill moves a long way toward dealing with 9 the issue of school property taxes and, 10 frankly, property taxes in general. We need 11 to pass this bill, and we need to get the 12 Assembly to follow suit. 13 ACTING PRESIDENT MORAHAN: Thank 14 you, Senator Volker. You will be recorded in 15 the affirmative. 16 Senator Marcellino, to explain his 17 vote. 18 SENATOR MARCELLINO: Thank you, 19 Mr. President. 20 As has been said many times today, 21 we need partners. This house has continuously 22 passed legislation. We did it yesterday 23 relative to pensions. We're doing it again 24 today on property taxes. We need partners. 25 The silence in the other chamber is deafening.
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(518) 371-8910 1 The lack of action in the other chamber is 2 just unexplainable. 3 I had a resident come up to me 4 during the recent school board votes and said, 5 "Senator, we have a great school district 6 here. And we thank you for bringing back a 7 lot of state aid. But the property taxes are 8 driving me out. What's the point of having a 9 great school district if I can't afford to 10 send my children there, if I can't afford to 11 live here and take part in that great 12 district? It doesn't help me one bit." 13 We are paying to educate our young 14 people, and they are leaving. They're taking 15 their brains, they're taking their knowledge 16 and they're moving to other states where they 17 can earn a living and buy a home, because the 18 property taxes are not so difficult there. 19 We need partners in the other 20 house. We need partners on the second floor. 21 We need help. 22 As has been said here by my 23 colleague Senator Volker, these bills are not 24 perfect. Nobody claims they are. But let's 25 get the discussion started. Nothing is coming
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(518) 371-8910 1 out of the other chamber. Nothing has come 2 from the Governor's office on this issue. 3 We need partners. We need the 4 discussion to begin so we can come to a real 5 solution. 6 This is the most important problem 7 we will ever deal with, the fact that we're 8 driving our people -- senior citizens who 9 can't afford to stay in their homes, in the 10 communities they helped to build, and young 11 people who do want to live there and make the 12 communities better -- they're leaving us. The 13 state cannot sustain the loss that we are 14 taking in both the seniors and our youth. 15 This has got to change. This bill 16 hopefully will stimulate the discussion. But 17 we need partners. Let the word go forth to 18 the other house, come on, come to the table. 19 Let's sit down and talk. This is the most 20 important issue. 21 I vote aye, Mr. President. 22 ACTING PRESIDENT MORAHAN: Thank 23 you, Senator Marcellino. You will be recorded 24 in the affirmative. 25 Announce the results.
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(518) 371-8910 1 THE SECRETARY: Ayes, 57. Nays, 2 0. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Excuse me. In 6 relation to Calendar Number 1687, ayes, 56. 7 Nays, 1. Senator L. Krueger recorded in the 8 negative. 9 ACTING PRESIDENT MORAHAN: The 10 bill is still passed. 11 Senator Wright. 12 SENATOR WRIGHT: Thank you, 13 Mr. President. 14 Now may we have the controversial 15 reading of the calendar. 16 ACTING PRESIDENT MORAHAN: The 17 Secretary will read. 18 And please ring the bells and bring 19 our members to the house. 20 SENATOR WRIGHT: Let's, if we may 21 for a minute -- before we start the 22 controversial, while we're ringing the bill, 23 would you recognize Senator Bonacic for 24 motions, please. 25 ACTING PRESIDENT MORAHAN:
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(518) 371-8910 1 Motions and resolutions. 2 Senator Bonacic. 3 SENATOR BONACIC: Thank you, 4 Mr. President. 5 On behalf of Senator Fuschillo, I 6 wish to call up his bill, Print Number 5050B, 7 recalled from the Assembly, which is now at 8 the desk. 9 ACTING PRESIDENT MORAHAN: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 755, by Senator Fuschillo, Senate Print 5050B, 13 an act to amend the General Business Law. 14 SENATOR BONACIC: Mr. President, 15 I now move to reconsider the vote by which 16 this bill was passed. 17 ACTING PRESIDENT MORAHAN: The 18 Secretary will call the roll on 19 reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 57. 22 SENATOR BONACIC: Mr. President, 23 I now offer the following amendments. 24 ACTING PRESIDENT MORAHAN: The 25 amendments are received.
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(518) 371-8910 1 SENATOR BONACIC: Mr. President, 2 on behalf of Senator Morahan, on page 38 I 3 offer the following amendments to Calendar 4 Number 1177, Senate Print Number 125, and ask 5 that said bill retain its place on the Third 6 Reading Calendar. 7 ACTING PRESIDENT MORAHAN: The 8 amendments are received, and the bill will 9 retain its place on the Third Reading 10 Calendar. 11 SENATOR BONACIC: Thank you, 12 Mr. President. 13 On behalf of Senator Hannon, on 14 page number 21 I offer the following 15 amendments to Calendar Number 719, Senate 16 Print Number 599, and ask that said bill 17 retain its place on the Third Reading 18 Calendar. 19 ACTING PRESIDENT MORAHAN: The 20 amendments are received, and the bill will 21 retain its place on the Third Reading 22 Calendar. 23 SENATOR BONACIC: Thank you, 24 Mr. President. 25 On behalf of Senator LaValle, on
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(518) 371-8910 1 page number 7 I offer the following amendments 2 to Calendar Number 248, Senate Print 3 Number 2426, and ask that said bill retain its 4 place on the Third Reading Calendar. 5 ACTING PRESIDENT MORAHAN: The 6 amendments are received. The bill will retain 7 its place on the Third Reading Calendar. 8 SENATOR BONACIC: Thank you, 9 Mr. President. 10 ACTING PRESIDENT MORAHAN: You're 11 welcome, Senator Bonacic. 12 Senator Wright. 13 SENATOR WRIGHT: Thank you, 14 Mr. President. 15 If we may, could we take up 16 Calendar Number 1679, Print Number 5980. We 17 will restore that to the noncontroversial 18 calendar. 19 ACTING PRESIDENT MORAHAN: The 20 Secretary will read. 21 SENATOR WRIGHT: And we will take 22 that bill up. Thank you. 23 THE SECRETARY: Calendar Number 24 1679, by Senator Winner, Senate Print 5980, an 25 act to amend the Correction Law.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 120th day. 5 ACTING PRESIDENT MORAHAN: Call 6 the roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT MORAHAN: 9 Senator Schneiderman, to explain his vote. 10 SENATOR SCHNEIDERMAN: Thank you, 11 Mr. President. To explain my vote. 12 I'm going to be voting against 13 this. This is a bill that has sort of a 14 strange notion of creating a drug dealer 15 registry. It lumps together people who are 16 serious criminals with people who may be young 17 people engaged in third-degree criminal sale 18 of a controlled substance, which is a lot of 19 people who we don't want to burden for five 20 years of having to report on every place they 21 go and everything they do. 22 We have seen limited success from 23 the sex offender registry, and we know it 24 imposes a very severe burden on the Division 25 of Criminal Justice Services, on local
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(518) 371-8910 1 probation departments, and on the families of 2 these offenders. 3 So I think, you know, this is an 4 interesting idea. It's a new idea. We 5 haven't really looked into it and looked into 6 what's happening in other states. No state 7 has ever done this. There are a couple of 8 states that are looking at it. But I would 9 urge a little more homework before we go about 10 setting up as what some people have described 11 as essentially a Zagat's guide for drug users, 12 whereby they can tell through the 1-800 call 13 where their drug dealer has gone to after he 14 got out of prison. 15 So under the circumstances, I'm 16 going to vote no, with the hope that we can 17 take a harder look at this in next year's 18 session. Thank you. 19 ACTING PRESIDENT MORAHAN: Thank 20 you, Senator Schneiderman. You will be 21 recorded in the negative. 22 Senator Winner, to explain his 23 vote. 24 SENATOR WINNER: Thank you, 25 Mr. President.
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(518) 371-8910 1 I agree that this is a unique 2 proposal, Senator Schneiderman. But I also 3 agree that this is something that is very much 4 favored by the law enforcement community, who 5 feel, particularly in areas such that I 6 represent, that it is very useful for the 7 protection of communities to know where people 8 who have been previously convicted of drug 9 dealing offenses may reside. 10 And therefore, in the event that 11 you know where they reside and you know their 12 real names and not aliases, that you'll know 13 to be able to be vigilant for the activity 14 that necessarily surrounds one that would be 15 engaged in the business of dealing drugs. 16 So under those circumstances, the 17 law enforcement communities and law 18 enforcement officials in the areas that I 19 represent are very enthusiastic about this 20 bill because they feel that it will be a very, 21 very effective tool in order to protect their 22 communities. 23 I do not believe this is an undue 24 burden on someone who would be convicted of a 25 Class C felony or above involving the illegal
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(518) 371-8910 1 sale of dangerous drugs in order to be on this 2 registry. In fact, I think it would probably 3 act as a rather large deterrent as against 4 future behavior in that regard, due to the 5 fact that there are many, many other types of 6 downside problems that will be facing 7 individuals who would be forced to register in 8 those circumstances. 9 So for those reasons I think this 10 is a very, very important tool and very unique 11 tool that can be utilized to protect our 12 communities, and I vote aye. 13 ACTING PRESIDENT MORAHAN: Thank 14 you, Senator Winner. You will be recorded in 15 the affirmative. 16 Senator Montgomery, to explain her 17 vote. 18 SENATOR MONTGOMERY: Thank you, 19 Mr. President. 20 Mr. President, I'm obviously going 21 to be opposing this legislation. And I am 22 looking for -- I have not found any indication 23 that there are organizations supporting this 24 approach. I don't believe that DCJS supports 25 this approach. And in fact, I think that one
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(518) 371-8910 1 of the main concerns and involvements of the 2 DCJS at this point in time, as I have had 3 conversations with the commissioner over there 4 as well as the commissioner of parole and 5 probation and Department of Corrections and 6 those people who are intimately involved in 7 this issue. 8 And with people in this category, 9 there is a very, very focused and committed 10 attempt to look for alternatives so that we 11 can redirect people and hopefully change 12 people in a way that they become positive 13 contributors to society. So I don't know 14 where this idea comes from. 15 In addition, I just want to 16 mention, Mr. President, that when we look to 17 establish this kind of punitive approach where 18 people can never hope to regain their 19 contribution, their ability to contribute to 20 society, it falls most heavily on certain 21 communities in my district, and specifically 22 certain people in my district. Specifically, 23 young males of color. 24 And I absolutely object and oppose 25 this approach, because I know that people do
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(518) 371-8910 1 change. People can change, especially young 2 people. So we should not continue down this 3 path of throwing out the lives of people 4 because they may have made a mistake. 5 I want to say to you that I'm all 6 in favor of using alternatives and 7 rehabilitation and recovery as a focus for 8 people who have become involved in using 9 drugs, selling drugs, very often selling drugs 10 in order to support their drug habit. I am in 11 favor of any attempt to rehabilitate people. 12 I am in favor of all attempts to try and 13 correct behavior and give people a different 14 alternative and opportunity. 15 If we do this, there are many other 16 groups of people that we're going to be 17 establishing a registration for. This is not 18 the only group. 19 So, Mr. President, I think this is 20 the wrong direction to take. It does not 21 address the problem of drug sales in our 22 state. And certainly I think it will have 23 very, very major, negative collateral 24 consequences as a law if we ever got such a 25 law implemented.
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(518) 371-8910 1 I vote no. 2 ACTING PRESIDENT MORAHAN: Thank 3 you, Senator Montgomery. You will be recorded 4 in the negative. 5 Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 1679 are 8 Senators Montgomery and Schneiderman. Also 9 Senator Parker. Also Senator Perkins. Also 10 Senator Duane. Also Senator Huntley. 11 Ayes, 51. Nays, 6. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 Senator Wright. 15 SENATOR WRIGHT: Thank you, 16 Mr. President. 17 Now may we have the controversial 18 reading of the calendar, commencing with the 19 first, Calendar Number 1643. 20 ACTING PRESIDENT MORAHAN: The 21 Secretary will read. 22 The Secretary will ring the bells. 23 SENATOR OPPENHEIMER: Mr. 24 President. 25 ACTING PRESIDENT MORAHAN:
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(518) 371-8910 1 Senator Oppenheimer, why do you rise? 2 SENATOR OPPENHEIMER: I'm just 3 waiting for the bill to be called up. 4 THE SECRETARY: Calendar Number 5 1643, by Senator Larkin, Senate Print 2082, an 6 act to amend the Education Law. 7 SENATOR OPPENHEIMER: Mr. 8 President, I think there's an amendment at the 9 desk. I ask that reading of the amendment be 10 waived, and I'd like to be heard on the 11 amendment. 12 ACTING PRESIDENT MORAHAN: 13 Reading is waived, and you may be heard on the 14 amendment, Senator Oppenheimer. 15 SENATOR OPPENHEIMER: This 16 amendment sounds like something that may be 17 very small, maybe even trivial. But it isn't, 18 and I want to explain why. 19 This bill has the laudable goal of 20 trying to achieve efficiencies in local 21 government to reduce costs for property tax 22 taxpayers. Unfortunately, the bill as written 23 could result in taxpayer abuse. The bill as 24 written would allow the Commissioner of 25 Education to approve contracts between a BOCES
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(518) 371-8910 1 and a library district or library system for 2 high-speed telecommunications or PR services, 3 if such an agreement was economical for the 4 BOCES or the library district -- not both 5 entities. It would be one or the other 6 entity. 7 When the Education Committee 8 approved the bill on May 22nd, committee 9 members from both sides discussed the need to 10 amend the bill to protect taxpayers before the 11 bill was brought to the floor for a vote. But 12 no amendment was made. We move now to replace 13 the word "or" with the word "and," to ensure 14 that such an arrangement must be 15 cost-efficient for both the BOCES and the 16 library district. This would ensure that 17 library taxpayers are not subsidizing the 18 BOCES and vice versa. 19 Years ago, after outrage that a 20 district superintendent on Long Island 21 received an enormous golden parachute, the 22 Legislature cracked down on BOCES expenditures 23 to protect taxpayers. The district 24 superintendents' salary cap was put in place. 25 The Legislature required that some BOCES
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(518) 371-8910 1 services had to be economical without BOCES 2 aid before they could undertake such services. 3 To reject this amendment would be a 4 step backwards, because it would allow the 5 Commissioner of Education to approve a 6 contract that is economically beneficial to 7 the library but not to the BOCES. 8 And hence that's why the amendment 9 wants to substitute the word "and" for "or." 10 It should be economically beneficial to both 11 the Board of Cooperative Educational 12 Services -- i.e., BOCES -- and to the library 13 district. One should not have to pay for the 14 other. 15 Thank you. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator. 18 Senator Larkin, on the amendment. 19 SENATOR LARKIN: Thank you very 20 much, Mr. President. 21 And I appreciate Senator 22 Oppenheimer's comments with her proposed 23 amendment, but I don't think it's necessary. 24 If you will look, you will find that this is 25 an appropriation or an appropriate action
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(518) 371-8910 1 that's been on the list of our bills since the 2 29th of January this year. 3 This bill in its present form is 4 supported by BOCES throughout the state. The 5 State Education has the final action on saying 6 what's there. The libraries -- not only in my 7 district, but every library that I've reached 8 out to -- enjoys this bill in its present 9 form. And anything that's going to be done 10 has to be approved by the State Education. 11 So I would like to remind you that 12 this amendment is not necessary. 13 ACTING PRESIDENT MORAHAN: Thank 14 you, Senator. 15 On the amendment, those Senators in 16 agreement please signify by raising your 17 hands. 18 THE SECRETARY: Those recorded in 19 agreement are Senators Adams, Breslin, Diaz, 20 Dilan, Duane, Gonzalez, Hassell-Thompson, 21 C. Johnson, Klein, L. Krueger, Montgomery, 22 Onorato, Oppenheimer, Parker, Perkins, Sabini, 23 Savino, Schneiderman, Smith, Stachowski, 24 Stavisky, Stewart-Cousins, Thompson and 25 Valesky.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 amendment is not agreed to. 3 Any other Senator wishing to be 4 heard on the main bill? 5 Then debate is closed. The 6 Secretary will ring the bells, please. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 120th day. 10 ACTING PRESIDENT MORAHAN: Call 11 the roll. 12 (The Secretary called the roll.) 13 ACTING PRESIDENT MORAHAN: 14 Senator Oppenheimer, to explain her vote. 15 SENATOR OPPENHEIMER: I'm going 16 to be supporting this bill -- 17 ACTING PRESIDENT MORAHAN: A 18 little quiet in the chamber, please. 19 SENATOR OPPENHEIMER: But I still 20 do not understand why a school district BOCES 21 property taxpayer should be forced to 22 subsidize the public relations services for a 23 library. That library might not be located 24 anywhere near where the BOCES is. 25 I think it should be beneficial to
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(518) 371-8910 1 both sides. But I am going to be supporting 2 the bill. I'm voting yes. 3 ACTING PRESIDENT MORAHAN: 4 Senator Oppenheimer will be recorded in the 5 affirmative. 6 Announce the results. 7 THE SECRETARY: Ayes, 57. Nays, 8 0. 9 Absent from voting on Calendar 10 Number 1643: Senators Connor, C. Kruger, 11 Sampson and Serrano. 12 ACTING PRESIDENT MORAHAN: The 13 bill is passed. 14 The Secretary will continue to 15 read. 16 THE SECRETARY: Calendar Number 17 1647, by Senator Larkin, Senate Print 3830C, 18 an act to amend the Tax Law and the Racing, 19 Pari-Mutuel Wagering and Breeding Law. 20 ACTING PRESIDENT MORAHAN: 21 Senator Liz Krueger. 22 SENATOR LIZ KRUEGER: Thank you, 23 Mr. President. 24 I'm going to waive an explanation, 25 but if the sponsor would kindly yield for some
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(518) 371-8910 1 questions. 2 ACTING PRESIDENT MORAHAN: 3 Senator Larkin, will you yield for a question? 4 SENATOR LARKIN: Most certainly, 5 Senator Krueger. 6 ACTING PRESIDENT MORAHAN: The 7 Senator yields, Senator Krueger. 8 SENATOR LIZ KRUEGER: Thank you, 9 Mr. President. 10 So as I understand this bill, we're 11 allowing some of the harness racetracks to 12 increase the amount of the monies they keep 13 for their purposes, lowering the amount of 14 money we get for the education of our 15 children. Could you tell me how much money we 16 would not be getting for our schools if we 17 implement this law? 18 SENATOR LARKIN: Well, the 19 determination is going to be how many are 20 playing. 21 But the point about this whole bill 22 is we have had now, for the last five or six 23 years, six or seven or eight bills floating 24 around here, this to do that, this to do the 25 other. And we've discussed this. And what
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(518) 371-8910 1 our thought was, how do we best put this bill 2 together so it achieves the goal that we've 3 been looking at to increase money to go into 4 education. 5 One of the things that we looked at 6 when we looked at all of the states that do 7 have VLTs is that we are behind everybody 8 else. Their fee license, with the money that 9 they will come out with, we were zero on 10 marketing. So we put part of the bill in to 11 say that we will have, over an eight-year 12 period, $5 million. We'll allow them to use 13 this money. 14 And everybody that's talked to us 15 that audits racing and wagering say that in 16 the first year, year and a half, you will have 17 a problem because you're generating dollars 18 and after that you will move out of it. 19 Our machines that we have right now 20 today in New York, every one of them are 21 drawing less money than was anticipated when 22 this operation was conceived in October 2001. 23 So what we're trying to do now is 24 very clear. We spelled it out in the bill. 25 And not just my staff but a lot of other
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(518) 371-8910 1 people, including your side of the aisle, have 2 looked at this bill, and we find out that this 3 is the best way to achieve our final goal of 4 getting additional revenue for education. 5 SENATOR LIZ KRUEGER: Mr. 6 President, if the sponsor would continue to 7 yield, please. 8 ACTING PRESIDENT MORAHAN: 9 Senator Larkin, will you continue to yield? 10 SENATOR LARKIN: I'd be 11 delighted. 12 ACTING PRESIDENT MORAHAN: The 13 Senator yields. 14 SENATOR LIZ KRUEGER: Thank you 15 very much, Mr. President. 16 So as the Senator explained, this 17 is an attempt to fix a problem that evolved 18 based on what we thought we did correctly in 19 2001 but hasn't come out correctly. 20 And to be honest, my questions are 21 driven by the fact that I am often confused 22 about what we are doing with racing and 23 racinos and our policies around gambling, 24 because we keep revising bills over and over 25 again.
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(518) 371-8910 1 But I'll respect your answer that 2 we need to do this to hopefully make them 3 profitable. 4 My next -- 5 SENATOR LARKIN: May I interrupt 6 you, please? 7 SENATOR LIZ KRUEGER: Certainly. 8 SENATOR LARKIN: Not profitable, 9 but -- 10 ACTING PRESIDENT MORAHAN: 11 Senator Larkin, are you asking the Senator to 12 yield? 13 SENATOR LARKIN: I don't like to 14 use the word "profitable," because then 15 somebody will come up and say gambler's 16 addiction. My friend Frank Padavan will come 17 up with that. 18 But what we've tried to do is make 19 this so it will be a facility that can add on 20 to its basic facility and be something of a 21 tourist destination, thereby generating 22 revenue, not profit. 23 SENATOR LIZ KRUEGER: Thank you. 24 Mr. President, if the sponsor would 25 continue to yield.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: 2 Senator, will you continue to yield? 3 SENATOR LARKIN: Yes, 4 Mr. President. 5 SENATOR LIZ KRUEGER: Thank you. 6 All right, so we want them to draw 7 revenue in. And we hope to draw money into 8 our education fund when they are 9 revenue-producing. And so we're making 10 adjustments, if I am repeating you correctly. 11 This will allows them to -- again, 12 it varies by racetrack, and I have the chart. 13 And I do have quite a bit of information. But 14 it allows them, at least at some racetracks, 15 to increase the share they are keeping and 16 decrease the amount they are giving to the 17 education budget of the State of New York. 18 I understand that it also increases 19 their marketing percentage they can keep for 20 spending on marketing. I understand that. 21 It also, though, allows them to put 22 money into a capital investment for facilities 23 to spur capital improvements. Where does that 24 money go? I'm sorry, my question is, it 25 provides an additional 4 percent for capital
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(518) 371-8910 1 investments at facilities which will hopefully 2 increase attendance at both the track and the 3 racino. I'm wondering where those monies are 4 going to go, how is that going to be 5 distributed. 6 SENATOR LARKIN: First of all, if 7 they feel that they need something to be done, 8 they can apply to the Lottery Division. 9 Because all of these machines will be 10 interconnected at the Lottery. 11 And then they'll have to apply for 12 what they're specifically going to do out of 13 the pot, and it will be monitored how much 14 they're getting, why they're getting it, and 15 how they're using it. You know, in the 16 construction of facilities or whatever else it 17 might be. 18 But it isn't just going to be a 19 bunch of money we're going to throw at you. 20 As I mentioned to you before, you're going to 21 have to justify what you are requiring the 22 funding for. 23 ACTING PRESIDENT MORAHAN: 24 Senator Krueger. 25 SENATOR LIZ KRUEGER: Mr.
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(518) 371-8910 1 President, if the sponsor would yield for an 2 additional question. 3 ACTING PRESIDENT MORAHAN: 4 Senator Krueger wants to know if you'll 5 continue to yield, Senator. 6 SENATOR LARKIN: Yes, ma'am. 7 SENATOR LIZ KRUEGER: Thank you. 8 My one final question. 9 There's been some concern raised in 10 the state, if I remember the history. We 11 agreed to go with VLTs at racetracks in order 12 to encourage greater participation at 13 racetracks to support the racing industry, as 14 you said, to bring tourism into areas of the 15 state that have racetracks. 16 But there's been some concern -- 17 Yonkers, for example, where they stopped 18 racing and were just doing racino, but no 19 more -- well, they're racing again. But -- 20 SENATOR LARKIN: Your colleague 21 there in front of you will tell you that's not 22 so. 23 ACTING PRESIDENT MORAHAN: 24 Senator Krueger, please continue. 25 SENATOR LIZ KRUEGER: My question
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(518) 371-8910 1 is, is there any scenario under this 2 legislation where these joint track-racinos 3 could stop being tracks and just be racinos? 4 SENATOR LARKIN: No, there isn't. 5 As a matter of fact, if you'll talk to 6 somebody on the second floor, they're talking 7 about separation of having somebody run the 8 tracks -- right, John? -- and somebody run the 9 gaming aspect of it. 10 This whole package, and I think 11 Senator Sabini knows it because we've worked 12 together on it -- is to revise this and get it 13 on the right track -- am I correct? I'm using 14 these words he's saying. That we wanted to 15 stop this annual business of putting a dollar 16 here and a dollar there. It's like putting a 17 finger in a dike. 18 What we're saying is that we wanted 19 a model as -- looking at all of the other 20 states, when you see their fees going up and 21 their marketing, Pennsylvania has got 22 $25 million for marketing. They only started 23 theirs in '04. They're ahead of us. They're 24 building on the border. My good friend John 25 Bonacic sees them every day, building over
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(518) 371-8910 1 there. 2 We need to do this so that we can 3 control what's going to happen in the racing 4 industry. And when we finish this, John and I 5 and a few others in here hope we'll be able to 6 help the Governor on NYRA. 7 SENATOR LIZ KRUEGER: Thank you, 8 Mr. President. On the bill. 9 ACTING PRESIDENT MORAHAN: 10 Senator Krueger, on the bill. 11 SENATOR LIZ KRUEGER: I 12 appreciate the sponsor's thoughtful answers to 13 my questions. And I admit my growing 14 confusion, continued confusion over how we 15 make decisions around racetracks and racinos 16 and gambling in the State of New York. I 17 don't think I'm alone with my confusion. 18 My concern is that we have to be 19 clear about what we're doing when we pass laws 20 around racing and racinos and potential 21 casinos and that we keep telling the public 22 this is all to draw money into new revenue 23 into our public school funding base, but we 24 keep changing the deal on people. And it 25 makes, I think, voters cynical about what
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(518) 371-8910 1 we're really doing around our policies in 2 gambling. 3 So I do appreciate that the sponsor 4 is saying we're trying to fix problems that 5 have been created. I don't know if we're 6 fixing problems. We're changing the rules, 7 and we're changing the math formula and we're 8 switching who gets the dollars. And fewer of 9 those dollars, at least for now, will go to 10 the schools because more of them will be held 11 by the racetracks and the VLT vendors. 12 But I understand the sponsor's 13 point that the hope is to make these more 14 attractive facilities where more revenue comes 15 in and therefore we're paying back our school 16 money. 17 And so I will vote for the bill, 18 because I admit my continued confusion and 19 want to accept the arguments that have been 20 made to me by colleagues on both sides of the 21 aisle that we need to make this fix. But 22 frankly I'm not sure the State of New York 23 really does know what it's doing when it comes 24 to our policies on racetracks, racinos and 25 casinos.
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(518) 371-8910 1 Thank you, Mr. President. 2 ACTING PRESIDENT MORAHAN: Thank 3 you, Senator Krueger. 4 Senator Sabini. 5 SENATOR SABINI: Thank you, 6 Mr. President. On the bill. 7 I must say that based on our track 8 record -- pardon the pun -- the whole Capitol 9 is confused on what we do with racing and 10 gaming policy and how it pertains to our 11 revenue. We pass bill after bill that are 12 seemingly at cross-purposes, so Senator 13 Liz Krueger is right in that respect. 14 But I will say this, that this may 15 not be a perfect bill but I don't believe that 16 the net effect of this bill will be one less 17 dollar for education. In fact, I think if we 18 don't pass this, in the short run we'll 19 actually lose money on education because I 20 believe that the facility in Tioga will 21 probably close and the facility at Vernon 22 Downs will probably close. So that will mean 23 no money for education out of those 24 facilities. 25 Why will they close? Well, Tioga
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(518) 371-8910 1 was closed -- and I guess Senator Libous can 2 correct me if I'm wrong -- for about 15 years. 3 So it just recently reopened with racing and 4 the VLTs and with a large capital investment. 5 And it has attracted some customers, but they 6 are also faced with facilities in 7 Pennsylvania, just down I-81 from them, that 8 are spending a lot more on marketing and have 9 a lot more sizzle to them than perhaps Tioga 10 does. And I suspect that Tioga will not 11 survive if we don't pass this. 12 The facility at Vernon Downs is 13 right next to the Oneida reservation, Turning 14 Stone Casino. Which we get no revenue from 15 that particular casino, because we don't have 16 a compact with that tribe. And the facility 17 at Vernon, you know, yes, you can argue that 18 the casino is nothing new there, they knew 19 that when they reopened Vernon Downs. 20 But again, the facility was 21 reopened, lots of money was poured in to 22 renovate the facility, the state agreed to put 23 in the VLTs. Not doing very well. But by 24 increasing the ability of the facility to 25 market itself, it will stay in business and
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(518) 371-8910 1 the jobs at Tioga and at Vernon will stay in 2 place. 3 So I don't believe that we're going 4 to give less money to education in the -- my 5 honest belief is that we'll wind up giving 6 more. If it winds up being less, then we 7 should revisit this. But I really believe 8 that if we don't pass this bill, at least 9 those facilities, those two will probably 10 close in a very short time. 11 So it's not a perfect piece of 12 legislation. I share the concern that we 13 might be drifting out of the racing business. 14 Folks in the Governor's office have floated a 15 balloon about doing VLTs at Aqueduct without 16 racing, which would require legislation to 17 pass both houses and be signed by the 18 Governor. And I think that's an issue we're 19 going to be taking up, I suspect. 20 But the original reason for 21 establishing these racinos is (A) to raise 22 revenue for the state's educational system, 23 and (B) to help the racing industry. If we 24 start separating the racino from the race, we 25 get a casino. And we might as well as just
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(518) 371-8910 1 have casino gaming then and pass a 2 constitutional amendment to allow it and get 3 all the revenue from it instead of allowing 4 folks in tribal facilities to gain the 5 revenue -- and, if we have a compact with 6 them, then get some revenue; if we don't, get 7 none. 8 So I'm going to support this bill. 9 I would like to see, as the chairman has 10 suggested in committee, that we have an 11 overall summit of racing interests throughout 12 the state that involve horsemen, breeders, 13 trainers, equine agriculture, track owners, 14 OTBs. Because our racing revenue is a pocket 15 that a lot of people have their hands in right 16 now. And the smallest hand seems to be the 17 taxpayers of the State of New York. And the 18 amount of money in that pot is shrinking every 19 year. 20 So we really need to put an overall 21 fix in, I think, in racing. These Band-Aid 22 bills may be good in the short run, but I 23 think racing needs a bigger fix than that. 24 I'll be voting aye with the hope that we 25 approach a more holistic and comprehensive
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(518) 371-8910 1 approach to this. 2 Thank you. 3 ACTING PRESIDENT MORAHAN: Thank 4 you, Senator. 5 Senator Griffo. 6 SENATOR GRIFFO: Thank you, 7 Mr. President. 8 I want to thank Senator Larkin for 9 his efforts, because we know there are many 10 concerns, challenges and issues that have to 11 be addressed relative to racing and wagering 12 in this state. 13 In my home district, Vernon Downs 14 is one of the facilities. And I think Senator 15 Sabini accurately portrayed this, the concerns 16 we have that many of these facilities are 17 struggling. And as a result of that problem, 18 if they cease to exist, they would be 19 generating no revenue to support the 20 educational system. 21 But equally as important when you 22 look at statistics and you see that the 23 blended VLT vendor fee here in this state is 24 one of the lowest, it forces us to make a 25 decision, once we have gone into this
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(518) 371-8910 1 business, how do we sustain the jobs that are 2 attached to this business and the benefit that 3 is derived to the communities that are hosting 4 these facilities. 5 And in Vernon particularly, we have 6 a number of people that work there, and it is 7 a very important part of the economy right 8 now, and the ancillary businesses that have 9 arisen as a result of the investment in 10 Vernon. 11 So I think this is a -- at this 12 point in time addresses the issue as it needs 13 to be addressed. I thank Senator Larkin again 14 for his leadership and urge the Senate today 15 to support this measure. 16 ACTING PRESIDENT MORAHAN: Thank 17 you, Senator Griffo. 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MORAHAN: Call 22 the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT MORAHAN: 25 Senator Libous, to explain his vote.
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(518) 371-8910 1 SENATOR LIBOUS: Thank you, 2 Mr. President. 3 I want to also thank Senator Larkin 4 for introducing this legislation. 5 And I want to go back to a couple 6 of the questions that Senator Krueger asked. 7 And they're very good questions, actually, 8 Senator, and I think I have some of those same 9 concerns. 10 But what I'm hoping here happens -- 11 and Tioga is in my district. And it's very 12 important that we keep the track open and 13 viable. It does employ 400 people. It is 14 paying property taxes. It is sharing revenues 15 with the Town of Nichols in the County of 16 Tioga, which -- 17 ACTING PRESIDENT MORAHAN: Can we 18 have some order in the chamber. Take your 19 conversations outside or don't have them at 20 all. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 But I too hope that eventually, 24 even though there might be a slight dip in 25 dollars that go to the education fund, as you
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(518) 371-8910 1 promote this, that more people will be 2 involved in participation at the tracks; 3 therefore, more revenues will come in and that 4 pot will grow. 5 And that's I think what we're 6 trying to do here. There is no exact science 7 to this. It is something that -- 8 ACTING PRESIDENT MORAHAN: Excuse 9 me, Senator, please. 10 SENATOR LIBOUS: Yes, sir. 11 ACTING PRESIDENT MORAHAN: Could 12 we have the courtesy of the floor and have 13 some quiet in the chamber. And if you have 14 some conversations, take them outside. Thank 15 you. 16 Senator Libous. 17 SENATOR LIBOUS: Many successful 18 businesses, in promoting themselves, have an 19 allocation of a percentage of their gross 20 sales to a marketing budget. Therefore, they 21 hope that that marketing produces additional 22 sales for the corporation. In this case, it 23 would be for the various tracks that we have 24 around the state. 25 So I think that we have no choice
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(518) 371-8910 1 at this point than to pass this legislation, 2 to give incentives to the tracks so that they 3 can bring additional people to come in. As I 4 said, over the long term I would hope over the 5 next couple of years we would see an increase 6 of money that would then go to our schools as 7 it's split up from the lottery. 8 So, Mr. President, I again want to 9 say thank you to Senator Larkin. This is very 10 badly needed. This will keep the track in my 11 district open. This will keep 400 people 12 employed. And I vote aye. 13 ACTING PRESIDENT MORAHAN: 14 Senator Oppenheim, to explain her vote. 15 SENATOR OPPENHEIMER: 16 Oppenheim-er. 17 ACTING PRESIDENT MORAHAN: 18 Oppenheim-er. 19 SENATOR OPPENHEIMER: I will be 20 voting yes on the bill. But this is a trend 21 that I think we will have to watch very 22 closely in the future. 23 I understand what we're trying to 24 do at these two racetracks. And I know this 25 is not a problem that exists in Yonkers,
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(518) 371-8910 1 because we don't have to give the additional 2 funds to the vendors. They're just going to 3 increase by 1 percent the amount that's going 4 to them. 5 But the money at Vernon Downs 6 that's going to education is now going to be 7 only 34 percent. That's down 16 percent from 8 the original formula. And it is worrisome. 9 And I am hopeful that this increased publicity 10 and funding will be helpful, but this is a 11 trend that is certainly worrisome. 12 And I hope that this bill will 13 improve the revenues and will improve the 14 percentage that will go to education, so I'm 15 voting yes. 16 ACTING PRESIDENT MORAHAN: 17 Senator Oppenheimer will be recorded in the 18 affirmative. 19 Announce the results. 20 THE SECRETARY: Those recorded in 21 the negative on Calendar Number 1647 are 22 Senators Duane and Padavan. 23 Absent from voting: Senator 24 Connor. 25 Ayes, 58. Nays, 2.
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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: The 2 bill is passed. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 is there any further business at the desk? 6 ACTING PRESIDENT MORAHAN: There 7 is some business. 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Mr. President, 10 on behalf of Senator Griffo I wish to call up 11 Print Number 3657, recalled from the Assembly, 12 which is now at the desk. 13 ACTING PRESIDENT MORAHAN: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 1074, by Senator Griffo, Senate Print 3657, an 17 act to amend the Education Law. 18 SENATOR NOZZOLIO: Mr. President, 19 I now move to reconsider the vote by which 20 this bill was passed. 21 ACTING PRESIDENT MORAHAN: The 22 Secretary will call the roll on 23 reconsideration. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 60.
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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President, 2 I now offer the following amendments. 3 ACTING PRESIDENT MORAHAN: The 4 amendments are received and adopted. 5 SENATOR NOZZOLIO: Mr. President, 6 I wish to call up, on behalf of Senator 7 Morahan, Print Number 1897, recalled from the 8 Assembly, which is now at the desk. 9 ACTING PRESIDENT MORAHAN: The 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 280, by Senator Morahan, Senate Print 1897, an 13 act to authorize the Commissioner of General 14 Services. 15 SENATOR NOZZOLIO: Mr. President, 16 I now move to reconsider the vote by which 17 this bill was passed. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll on reconsideration. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 60. 22 SENATOR NOZZOLIO: Mr. President, 23 I now offer the following amendments. 24 ACTING PRESIDENT MORAHAN: The 25 amendments are received.
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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President, 2 on behalf of Senator Libous, on page number 37 3 I offer the following amendments to Calendar 4 Number 1150, Senate Print Number 1589B, and 5 ask that said bill retain its place on Third 6 Reading Calendar. 7 ACTING PRESIDENT MORAHAN: The 8 amendments are received, and the bill will 9 retain its place on the Third Reading 10 Calendar. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 there being no further business to come before 14 the Senate, I move we stand adjourned until 15 Thursday, June 14th, at 11:00 a.m. 16 ACTING PRESIDENT MORAHAN: On 17 motion, the Senate stands adjourned until 18 Thursday, June 14th, at 11:00 a.m. 19 (Whereupon, at 1:47 p.m., the 20 Senate adjourned.) 21 22 23 24 25
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(518) 371-8910
Highest impact first.
Not yet analyzed. Open the bill for its official title.
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