Regular Session - June 22, 1993
5391
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9 ALBANY, NEW YORK
10 June 22, 1993
11 4:04 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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5392
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Senate
3 will come to order. Senators will please find
4 their seats.
5 Please rise with me for the
6 Pledge of Allegiance to the Flag.
7 (Whereupon, the Senate joined in
8 the Pledge of Allegiance to the Flag. )
9 Today in the absence of visiting
10 clergy, we'll bow our heads for a moment of
11 silent prayer.
12 (Whereupon, there was a moment of
13 silence. )
14 Secretary will begin by reading
15 the Journal.
16 THE SECRETARY: In Senate,
17 Monday, June 21. The Senate met pursuant to
18 adjournment. Senator Farley in the chair upon
19 designation of the Temporary President. Prayer
20 by the Reverend David Powers of Briarcliff
21 Manor. The Journal of Sunday, June 20th, was
22 read and approved. On motion, Senate
23 adjourned.
5393
1 ACTING PRESIDENT FARLEY: Hearing
2 no objection, the Journal will stand approved as
3 read.
4 The order of business.
5 Presentation of petitions.
6 Messages from the Assembly.
7 Messages from the Governor.
8 Reports of standing committees.
9 Senator Mega.
10 SENATOR MEGA: Mr. President, the
11 Senate Judiciary Committee met this morning to
12 consider the reappointment of five judges to the
13 Court of Claims of the state of New York, and at
14 this time I would like to take up the
15 reappointment of these five judges.
16 From the Governor from the
17 Executive Chamber dated April 8, 1993: "To the
18 Senate: I hereby nominate as judge of the Court
19 of Claims, Louis C. Benza of Glenmont,
20 reappointed for a term expiring on March 13,
21 year 2002." Signed Mario Cuomo, the Governor.
22 The full Judiciary Committee met
23 and found Judge Benza extremely well qualified
5394
1 to continue as a judge of the Court of Claims of
2 the state of New York and unanimously
3 recommended his reappointment to that position.
4 At this time, I would like to
5 yield to Senator Velella on the confirmation.
6 ACTING PRESIDENT FARLEY: Senator
7 Velella on the confirmation.
8 SENATOR VELELLA: Mr. President,
9 I rise to proudly second the nomination of Judge
10 Benza. I've known Judge Benza for thirty years.
11 He's formerly a resident of the Bronx where he
12 served in a capacity for his community in the
13 Borough President's office under three different
14 borough presidents. He served two United States
15 Congressmen, and he served on his home local
16 community school board. He's been an active
17 participant in the community and at the same
18 time has managed to be a distinguished member of
19 the bar during his years of practice, where he
20 was an outstanding trial lawyer in Bronx County,
21 and as a member of the Court of Claims has had a
22 distinguished record on that court.
23 The only mistake he ever made was
5395
1 moving out of the Bronx, but he moved up here to
2 the Albany area with his family in Glenmont, and
3 we forgive him for that. He has been a very
4 good supporter of his community back home even
5 though he lives up here.
6 And I am proud to second his
7 nomination.
8 ACTING PRESIDENT FARLEY: On the
9 nomination of Judge Benza. All those in favor,
10 say aye.
11 (Response of "Aye.")
12 Those opposed, nay.
13 (There was no response. )
14 The judge is confirmed.
15 I believe he is with us here in
16 the gallery.
17 (Applause. )
18 On behalf of the New York State
19 Senate, Judge Benza, we're very proud to appoint
20 you to this important post, and thank you very,
21 very much for being with us and for the service
22 you have given us over the years.
23 SENATOR MEGA: Mr. President.
5396
1 ACTING PRESIDENT FARLEY: Senator
2 Mega.
3 SENATOR MEGA: Mr. President,
4 from the Executive Chamber dated April 8, 1993:
5 "To the Senate: The Governor has hereby
6 nominated as a Judge of the Court of Claims,
7 Jerome F. Hanifin of Binghamton, reappointed for
8 a term expiring on December 31 year 2001."
9 Mr. President, the Judiciary
10 Committee, the full committee, considered the
11 appointment, the reappointment of Judge Hanifin
12 to the Court of Claims. As in all the cases
13 before us and all the appointments before us, a
14 complete investigation had been conducted.
15 Judge Hanifin was found well qualified, and the
16 committee unanimously recommends his
17 reappointment to the Court of Claims.
18 I will at this point yield to
19 Senator Libous.
20 ACTING PRESIDENT FARLEY: Senator
21 Libous.
22 SENATOR LIBOUS: Thank you, Mr.
23 President, and thank you, Chairman Mega.
5397
1 I rise to second the nomination
2 of Judge Hanifin. Since the day Judge Hanifin
3 was first nominated by Governor Hugh Carey and
4 confirmed by this body on May 24, 1977, he has
5 proven to be an outstanding addition to the
6 Court of Claims.
7 As a noted graduate of Cornell
8 Law School and practicing attorney for seventeen
9 years before coming to the bench, Judge Hanifin
10 gained strong respect in Broome County and in
11 our region for his experience as a litigator and
12 his commitment to the community in which he
13 serves, his commitment to his church, local
14 school board, and of course the Broome County
15 Bar Association.
16 After now serving on the Court of
17 Claims for an additional seventeen years, he has
18 strengthened his reputation for fairness and
19 professionalism not only in our home town of
20 Binghamton but among his colleagues on the bench
21 and throughout the entire state of New York.
22 I commend Governor Cuomo on his
23 appointment of this knowledgeable and
5398
1 expeerienced jurist.
2 Mr. President, it is a great
3 pleasure for me to stand today and second the
4 nomination of Judge Jerry Hanifin.
5 ACTING PRESIDENT FARLEY: Thank
6 you, Senator Libous.
7 Judge Hanifin is with us in the
8 gallery also. On the nomination, all those in
9 favor say aye.
10 (Response of "Aye.")
11 Those opposed, nay.
12 (There was no response. )
13 Judge Hanifin is confirmed.
14 Judge, congratulations on behalf
15 of the New York State Senate.
16 (Applause. )
17 Senator Mega.
18 SENATOR MEGA: Mr. President.
19 From the Executive Chamber dated April 8, 1993,
20 the Governor has nominated as a Judge of the
21 Court of Claims, William C. Donnino of Syosset,
22 reappointed for a term expiring on May 29th,
23 year 2001.
5399
1 Mr. President, the full Judiciary
2 Committee met this morning to consider the
3 reappointment and confirmation of Judge Donnino,
4 and has unanimously voted his confirmation and
5 reappointment.
6 I should like to speak and move
7 the appointment of Judge Donnino and tell you of
8 my personal knowledge of his expertise and
9 experience not only as counsel to the Committee
10 on Crime and Correction for two terms but on all
11 that he's done up to this point to make him an
12 outstanding judge.
13 For five years, he was an
14 assistant district attorney in the New York
15 County district attorney's office. For two
16 years he was assistant counsel to the Governor
17 of New York. For two years he was deputy
18 commissioner and counsel of the New York State
19 Department of Correctional Services. For six
20 years he was chief of the Appeals Bureau in the
21 Nassau County district attorney's office. For
22 six years he was the executive and then chief
23 assistant district attorney in the Kings County
5400
1 district attorney's office. For two years he
2 was attorney at law, private practice, and
3 during that two-year period he was counsel to
4 the standing Committee on Crime and Correction,
5 the committee which I chaired during that
6 period.
7 For the last four years, Judge
8 Donnino has been a member of the Court of Claims
9 and has been doing an outstanding job in that
10 capacity. Just let me mention some of the
11 comments that were made about Judge Donnino,
12 from the people who work with him on a daily
13 basis, the people that work with him in the
14 court system, the attorneys that try cases and
15 other judges:
16 I have highest and greatest
17 respect for Judge Donnino.
18 I give him the highest possible
19 recommendation.
20 I had a seven-week trial before
21 him last year; it was great pleasure.
22 He's an excellent judge. He is
23 one of the best that we've got.
5401
1 He is fair, hard working, and he
2 is balanced between the prosecution and the
3 defense.
4 It's an honor to have him serving
5 as a judge.
6 He is a very good judge. He is
7 always prepared and knowledgeable on the law,
8 and he's fair to both sides and keeps good
9 control of a courtroom.
10 Professional writings, Mr.
11 President: Practice Commentaries, McKinney's,
12 New York Court of Appeals on Criminal Law,
13 "Sentencing Outline" co-author; "Circumstances
14 for Warranties and Home Arrests", co-author; The
15 Agency Defense in Drug Cases.
16 Judge Donnino is an out standing
17 judge. He is someone who is respected not only
18 by the attorneys that appeared before him but
19 other judges that serve with him. The system
20 works. It works well.
21 I congratulate the Governor on
22 his reappointment. I congratulate Judge Donnino
23 for the outstanding job that he is doing and he
5402
1 will continue to do. I wish him well, and I
2 move his confirmation.
3 ACTING PRESIDENT FARLEY: All in
4 favor of the confirmation of Judge Donnino, say
5 aye.
6 (Response of "Aye.")
7 Those opposed, nay.
8 (There was no response.)
9 The judge is confirmed.
10 And Judge Donnino is with us in
11 the gallery. Congratulations on behalf of the
12 state of New York State Senate.
13 (Applause.)
14 SENATOR MEGA: Mr. President.
15 ACTING PRESIDENT FARLEY: Senator
16 Mega.
17 SENATOR MEGA: Mr. President,
18 from the Executive Chamber dated April 8, 1993,
19 from the Governor: "I hereby nominate as Judge
20 of the Court of Claims, Edward M. Davidowitz of
21 Scarsdale, reappointed for a term expiring April
22 20, the year 2001."
23 The committee has indicated -
5403
1 met in full session, reviewed all the
2 information presented to the committee in
3 reference to the investigation of the abilities
4 of Judge Davidowitz and found him extremely well
5 qualified to continue as a judge of the Court of
6 Claims. A unanimous vote was taken and his
7 confirmation was recommended by the committee.
8 And at this point, I would yield
9 to Senator Gold.
10 ACTING PRESIDENT FARLEY: Senator
11 Gold.
12 SENATOR GOLD: Thank you, Mr.
13 President. Mr. President, I take this job very
14 seriously, and I know I've got to be very
15 truthful when I deal with this. So let's start
16 from scratch. The judge was nominated because
17 the Governor found out his wife was not a lawyer
18 and couldn't appoint Ellen, so he appointed
19 Eddy. That's where it started.
20 I've known Ed and Ellen
21 Davidowitz for many, many years. I had the
22 pleasure of meeting Ed Davidowitz in law school,
23 and having to go out drinking many nights alone
5404
1 because he was studying something about the
2 law. It could be useful in future years. I
3 never understood that because I've got counsel
4 all around. I knew I would be here.
5 After law school, at Cornell, of
6 course, Judge Davidowitz joined the district
7 attorney's office in New York County, which as
8 you may recall under Frank Hogan was one of the
9 great offices. It's still a great office.
10 He went into private practice for
11 a period of time, but then returned to public
12 service in the office of the Special Prosecutor
13 where he was the Bronx Bureau Chief for a period
14 of time, then the executive assistant, and then
15 the chief assistant in that office.
16 We had the pleasure of confirming
17 this nomination back in 1986, and we all ought
18 to be very proud of that.
19 SENATOR MEGA: Mr. President.
20 ACTING PRESIDENT FARLEY: Yes.
21 SENATOR MEGA: Could we have some
22 order, please?
23 ACTING PRESIDENT FARLEY: Yes.
5405
1 The Senate will please be in order. Thank you.
2 Senator Gold.
3 SENATOR GOLD: Thank you.
4 We should be really very proud of
5 it. To me, one of the most significant
6 determining factors in who and what a person is
7 is what their colleagues say about him behind
8 his back, and I think if Judge Davidowitz were a
9 fly on the wall he would be very proud, because
10 I know many of the judges on the court where he
11 sits and there is not but great admiration for
12 him from his own colleagues at the bench. I
13 also know lawyers who have had the opportunity
14 to practice in front of the judge; and while his
15 background was mostly prosecutorial, I can tell
16 you that he is a person of not only intellect
17 and compassion and concern but a judge who is
18 very, very even-handed in the courtroom.
19 It is a delight to know him and
20 his family and it certainly is something from
21 which I thrill to look back at his career and
22 see how he has grown not only as a lawyer but as
23 one of our really very fine jurists. The only
5406
1 caution I give the house is that I find it very
2 hard to believe that he would actually say he's
3 a 24 handicap and take money out of people's
4 pockets based upon that fabrication.
5 But getting back off the golf
6 course, Mr. President. It is certainly a
7 delight to have this nomination before us and an
8 honor on my part to offer this nomination to the
9 house, and I ask that Judge Davidowitz be
10 confirmed.
11 ACTING PRESIDENT FARLEY: On the
12 nomination of Judge Davidowitz.
13 SENATOR OPPENHEIMER: Mr.
14 President.
15 ACTING PRESIDENT FARLEY: Senator
16 Oppenheimer, then Senator Galiber.
17 SENATOR OPPENHEIMER: Thank you,
18 Mr. President. I would like to take a moment to
19 say that Judge Davidowitz lives in my district,
20 and he is a very respected and honored member of
21 the Scarsdale community.
22 My colleague spoke about his
23 reputation on the bench for compassion and
5407
1 intelligence, and I can just assure you that in
2 his home community he is looked upon with
3 fondness and great respect also. I'm very proud
4 to be able to second the nomination.
5 ACTING PRESIDENT FARLEY: Senator
6 Galiber.
7 SENATOR GALIBER: Yes, thank you,
8 Mr. President.
9 I take this opportunity which is
10 a good day, it's a rare day in the legislative
11 process when we can find so many clones of
12 excellence and fairness and justice, and I was
13 not here to speak for my good friends Judge
14 Benza and Judge Donnino, but the quality of
15 judges this morning as we confirm them is just
16 outstanding, and I want to congratulate the
17 Governor for sending the reappointments up and
18 we want to send the message down to the Governor
19 that he's got a few more down there that he is
20 holding back, and we have persons who have the
21 same degree of quality in excellence and
22 fairness, if you will.
23 There are those who argued,
5408
1 disagreed with Governor Rockefeller when he took
2 this opportunity to create the Court of Claims
3 judges, and some suggested that he was
4 circumventing the Constitution, getting around,
5 if you will -- same thing -- in order to appoint
6 some judges because of the Rockefeller laws.
7 And at that time, there was some
8 doubt; but, again, I reiterate over and over
9 again that the qualities of the judges and the
10 balance here. In the old days if you were
11 exposed to the prosecution, you became
12 prosecution minded, and we have judges this
13 morning who come from that background and have
14 the intellect and the ability to deal with it
15 the way it should be, and that's with fairness
16 and justice and compassion and understanding,
17 and they do just that.
18 So I'm proud, Mr. President, to
19 add my voice to not only one of the Court of
20 Claims judges but all that we interviewed this
21 morning because they all are very fine, very
22 qualified and very excellent gentlemen, and they
23 do an excellent job.
5409
1 Thank you.
2 ACTING PRESIDENT FARLEY: On the
3 confirmation of Judge Davidowitz, all in favor
4 say aye.
5 (Response of "Aye.")
6 Those opposed, nay.
7 (There was no response.)
8 The judge is confirmed.
9 And he is with us here in the
10 gallery. Congratulations and best wishes.
11 (Applause. )
12 Senator Mega.
13 SENATOR MEGA: Mr. President.
14 From the Executive Chamber, dated April 8, 1993,
15 from the Governor, "I hereby nominate as a judge
16 of the Court of Claims, Julian F. Kubiniec of
17 Buffalo, reappointed for a term expiring on
18 April 28, year 2001."
19 Full committee met, reviewed the
20 investigation and the qualifications of Judge
21 Kubiniec and found him extremely well
22 qualified. The committee voted and unanimously
23 recommended the confirmation if Julian F.
5410
1 Kubiniec as a judge of the Court of Claims.
2 I, at this time, would yield to
3 Senator Volker.
4 ACTING PRESIDENT FARLEY: Senator
5 Volker.
6 SENATOR VOLKER: Mr. President, I
7 would like to offer up the name of Julian
8 Kubiniec.
9 And let me just follow up on what
10 Senator Galiber said and Senator Mega in behalf
11 of some of the other candidates. I think that
12 of course in this day and age when the press is
13 so cynical about the Legislature and everything
14 to do in government, one of the things I think
15 it has not realized about the Senate is that one
16 of our, I think, most important functions that
17 goes on while everything else is going on is the
18 confirmation of judges.
19 And I complimented Senator Mega
20 today at the Judiciary Committee meeting, and
21 very sincerely, because Senator Mega is one of
22 the people that believes as I believe that even
23 renominations are so important that we should
5411
1 have the people in who have -- although they
2 have been in office and have been performing the
3 functions, to review what their colleagues say
4 about them, what they have to say, and to make
5 sure that the people that are serving us, for
6 instance, in the Court of Claims, are the people
7 that we think are the best people for those jobs
8 and who still should be reconfirmed.
9 I must say that the five people
10 that we had today are probably some of the best
11 that I have ever seen in the many years that I
12 have been here.
13 Bill Donnino, as was mentioned,
14 the only thing we kind of maybe would put
15 against him is he used to work for Senator Mega;
16 but aside from that, he is one of the best
17 judges around. And, very honestly, the other
18 judges, as Senator Galiber and I mentioned, it's
19 really starting to make us feel old since they
20 are coming back to us again and being
21 reconfirmed and we remember when they were
22 confirmed in the first place.
23 But Julian Kubiniec from Buffalo
5412
1 -- who I don't believe is here. The reason he
2 is not here is that he fell over the week end
3 and had a badly sprained ankle and asked if he
4 could be excused from being here. But I do want
5 to say that he is a fine judge, a fair judge,
6 and anyone who has dealt with him knows that he
7 is also one of those people who deserves to be
8 called a first class decision maker. In fact, I
9 don't believe I've ever heard any real criticism
10 of Judge Kubiniec in all the years that he's
11 been a judge, not only in the Court of Claims
12 but in City Court in Buffalo.
13 So I want to say not only do I -
14 would I like to move Julian Kubiniec's
15 confirmation but I also want to reiterate what
16 Senator Gold and Senator Mega and Senator
17 Galiber have said about all five of the
18 gentlemen that we have today, is that these are
19 extremely competent people, and we can be proud
20 that we are reconfirming these people today.
21 ACTING PRESIDENT FARLEY: On the
22 confirmation of Judge Kubiniec, all those in
23 favor, say aye.
5413
1 (Response of "Aye.")
2 Those opposed, nay.
3 (There was no response. )
4 The judge is confirmed.
5 (Applause. )
6 Senator Mega.
7 SENATOR MEGA: Mr. President. I
8 would like to take this opportunity to thank all
9 the members of the Judiciary Committee for
10 participating in the process. My ranking
11 Minority member, Frank Leichter, and all the
12 other members, and I don't want to start naming
13 them because I'm going to forget some. The
14 process doesn't work unless they are involved,
15 and they were involved in it from the beginning
16 to the end, and I believe it has worked well
17 today and it will continue to work that way as
18 long as we continue to get the kind of support
19 that we've gotten.
20 So I want to thank the entire
21 committee for making it work.
22 And to all the judges, again,
23 wish you luck.
5414
1 And to just remind the body and
2 being somewhat repetitive, the one thing that
3 runs true to the five judges that we confirmed
4 today is that they know the law, they understand
5 the law, they know how to apply it, they know
6 people, they have good judicial temperament,
7 they like what they are doing, and they all do a
8 great job.
9 And reappointment sometimes is
10 more important than the original appointment
11 because now we have something to look at. We
12 have a record to look at. We have people to
13 talk about, how they act and what they do as a
14 judge. And all of the appointees today, all
15 these judges that we confirmed today, passed
16 with flying colors.
17 So again congratulations and
18 thank you.
19 ACTING PRESIDENT FARLEY:
20 Continuing on the order of business.
21 Reports of select committees.
22 Communications and reports from
23 state officers.
5415
1 Motions and resolutions.
2 We have a lot of them.
3 Senator Present, I will recognize
4 you first.
5 SENATOR PRESENT: Mr. President,
6 on behalf of Senator Maltese, he'd like the
7 sponsor star removed from Calendar 164 and 165.
8 ACTING PRESIDENT FARLEY: The
9 stars are removed.
10 SENATOR PRESENT: In behalf of
11 Senator Velella, on page 39, he offers the
12 following amendments to Calendar 259.
13 ACTING PRESIDENT FARLEY:
14 Amendments received. The bill will retain its
15 place on the Third Reading Calendar.
16 SENATOR PRESENT: On behalf of
17 Senator Levy, Mr. President, I wish to call up
18 his bill, Senate Print 1001, recalled from the
19 Assembly which is now at the desk.
20 ACTING PRESIDENT FARLEY: The
21 Secretary will read Senator Levy's bill.
22 THE SECRETARY: By Senator Levy,
23 Senate Bill 1001, an act to amend the Education
5416
1 Law.
2 SENATOR PRESENT: Mr. President,
3 I now move to reconsider the vote by which this
4 bill was passed and ask that the bill be
5 restored to third reading.
6 ACTING PRESIDENT FARLEY: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 52.
11 ACTING PRESIDENT FARLEY: The
12 bill is before the house.
13 SENATOR PRESENT: Mr. President,
14 I now move to discharge the Committee on Rules
15 from Print 2630 and substitute it for this
16 identical bill.
17 ACTING PRESIDENT FARLEY:
18 Substitution is ordered.
19 SENATOR PRESENT: May I now ask
20 the substituted bill have its third reading.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
5417
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Unanimous.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 SENATOR PRESENT: On behalf of
9 Senator Marino, on page 23, I offer the
10 following amendments to Calendar 972, Senate
11 Print 5710, and ask that the bill retain its
12 place on the Third Reading Calendar.
13 ACTING PRESIDENT FARLEY:
14 Amendments received. The bill will retain its
15 place on the Third Reading Calendar.
16 SENATOR PRESENT: Thank you, Mr.
17 President.
18 ACTING PRESIDENT FARLEY: Thank
19 you, Senator Present.
20 Senator Spano.
21 SENATOR SPANO: Mr. President, I
22 wish to call up my bill, Print Number 1987A,
23 recalled from the Assembly, which is now at the
5418
1 desk.
2 ACTING PRESIDENT FARLEY:
3 Secretary will read Senator Spano's bill.
4 THE SECRETARY: By Senator Spano,
5 Senate Bill Number 1014A, an act to amend the
6 Insurance Law.
7 SENATOR SPANO: Now move to
8 reconsider the vote by which the bill was
9 passed.
10 ACTING PRESIDENT FARLEY: The
11 Secretary will call the roll on reconsideration.
12 (The Secretary called the roll on
13 reconsideration. )
14 THE SECRETARY: Ayes 52.
15 ACTING PRESIDENT FARLEY: The
16 bill is before the house.
17 Senator Spano.
18 SENATOR SPANO: I offer the
19 following amendments.
20 ACTING PRESIDENT FARLEY:
21 Amendments received. The bill will retain its
22 place.
23 SENATOR SPANO: Mr. President.
5419
1 ACTING PRESIDENT FARLEY: Senator
2 Spano.
3 SENATOR SPANO: I wish to call up
4 Calendar 598, Assembly Print 1335A.
5 ACTING PRESIDENT FARLEY:
6 Secretary will read it. Give us that number
7 again.
8 SENATOR SPANO: Calendar Number
9 598, Assembly Print Number 1335A.
10 THE SECRETARY: By Senator Spano,
11 Senate Bill Number 1014A, an act to amend the
12 Insurance Law.
13 ACTING PRESIDENT FARLEY: Senator
14 Spano.
15 SENATOR SPANO: Now move to
16 reconsider the vote by which the Assembly bill
17 was substituted for the Senate Print Number
18 1014A on May 18.
19 ACTING PRESIDENT FARLEY: The
20 Secretary will call the roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration. )
23 THE SECRETARY: Ayes 52.
5420
1 ACTING PRESIDENT FARLEY: The
2 bill is before the house.
3 Senator Spano.
4 SENATOR SPANO: Now move that the
5 Assembly bill, Number 1335A, be recommitted to
6 the Committee on Rules and my Senate bill be
7 restored to the order of Third Reading Calendar.
8 ACTING PRESIDENT FARLEY: Without
9 objection.
10 SENATOR SPANO: I now offer the
11 following amendments.
12 ACTING PRESIDENT FARLEY: Okay.
13 Now come the amendments. The amendments are
14 received.
15 Senator DeFrancisco, you have a
16 motion.
17 SENATOR DeFRANCISCO: Yes. I
18 wish to call up my bill, Print Number 3513,
19 recalled from the Assembly, which is now at the
20 desk.
21 ACTING PRESIDENT FARLEY:
22 Secretary will read it.
23 THE SECRETARY: By Senator
5421
1 DeFrancisco, Senate Bill 3513, an act to amend
2 the Real Property Tax Law, in relation to
3 veterans' exemption.
4 ACTING PRESIDENT FARLEY: Senator
5 DeFrancisco.
6 SENATOR DeFRANCISCO: Mr.
7 President, I now move to reconsider the vote by
8 which this bill was passed.
9 ACTING PRESIDENT FARLEY: Call
10 the roll on reconsideration.
11 (The Secretary called the roll on
12 reconsideration. )
13 THE SECRETARY: Ayes 52.
14 ACTING PRESIDENT FARLEY: The
15 bill is before the house.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Mr.
18 President, I now offer the following
19 amendments.
20 THE SECRETARY: Amendments
21 received. The bill will retain its place.
22 Senator Marchi.
23 SENATOR MARCHI: Mr. President.
5422
1 On behalf of Senator Farley, Hugh Farley, that
2 is, place a sponsor star on Calendar Number
3 1215, Senate 4950.
4 ACTING PRESIDENT FARLEY: The
5 bill is starred.
6 SENATOR MARCHI: And, Mr.
7 President, remove a star on Calendar Number 885,
8 Senate 2792.
9 ACTING PRESIDENT FARLEY: Star is
10 removed. Thank you, Senator Marchi.
11 Senator Padavan.
12 SENATOR PADAVAN: Thank you, Mr.
13 President. I wish to call up my Print Number
14 2135A, recalled from the Assembly, which is now
15 at the desk.
16 ACTING PRESIDENT FARLEY:
17 Secretary will read Senator Padavan's bill.
18 THE SECRETARY: By Senator
19 Padavan, Senate Bill Number 2135A, an act to
20 amend the Vehicle and Traffic Law.
21 SENATOR PADAVAN: Mr. President,
22 I now move to reconsider the vote by which this
23 bill passed.
5423
1 ACTING PRESIDENT FARLEY: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration. )
5 THE SECRETARY: Ayes 52.
6 ACTING PRESIDENT FARLEY: The
7 bill is before the house.
8 Senator Padavan.
9 SENATOR PADAVAN: I now offer up
10 the following amendments, Mr. President.
11 ACTING PRESIDENT FARLEY:
12 Amendments received. The bill will retain its
13 place.
14 Senator Holland.
15 SENATOR HOLLAND: Mr. President,
16 amendments are offered to the following Third
17 Reading Calendar bills.
18 First, by Senator Padavan, on
19 page 26, Calendar 1074, Senate Print 3185.
20 Senator Spano, page 26, 1075
21 Calendar Number, and Senate Print 3276.
22 By Senator Kuhl, page 33,
23 Calendar 1200, Senate Print 3415.
5424
1 By Senator Farley, page 44,
2 Calendar 885, Senate Print 2792.
3 And, by Senator Cook, page 44,
4 Calendar 954, Senate Print 5311.
5 ACTING PRESIDENT FARLEY: Without
6 objection.
7 Senator Present.
8 SENATOR PRESENT: Mr. President,
9 on behalf of Senator Stafford, I ask that the
10 sponsor star be removed from Calendar 43, Senate
11 Print 435.
12 ACTING PRESIDENT FARLEY: Without
13 objection, the star is removed.
14 SENATOR PRESENT: Mr. President,
15 I would like to announce an immediate meeting of
16 the Rules Committee in Room 332.
17 ACTING PRESIDENT FARLEY: There
18 will be an immediate meeting of the Rules
19 Committee in Room 332.
20 ACTING PRESIDENT FARLEY: Senator
21 Maltese.
22 SENATOR MALTESE: Mr. President,
23 on page number 27, I offer the following
5425
1 amendments to Calendar Number 1115, Assembly
2 Print Number 323... Senate Print Number 3265,
3 and ask that said bill retain its place on the
4 Third Reading Calendar.
5 ACTING PRESIDENT FARLEY:
6 Amendments received. The bill will retain its
7 place.
8 Are there any other motions on
9 the floor?
10 (There was no response. )
11 Senator Kuhl, we have some
12 substitutions.
13 SENATOR KUHL: On the Resolution
14 Calendar.
15 ACTING PRESIDENT FARLEY: Well,
16 we have some substitutions, and then we'll do
17 some resolutions.
18 SENATOR KUHL: Let's do the
19 substitutions first.
20 ACTING PRESIDENT FARLEY: Okay.
21 THE SECRETARY: On page 6 of
22 today's calendar, Senator Mega moves to
23 discharge the Committee on Rules from Assembly
5426
1 Bill Number 7742 and substitute it for the
2 identical Third Reading 308.
3 On page 8, Senator Hannon moves
4 to discharge the Committee on Rules from
5 Assembly Bill Number 1829A and substitute it for
6 the identical Third Reading 470.
7 On page 11, Senator Cook moves to
8 discharge the Committee on Rules from Assembly
9 Bill Number 5476B and substitute it for the
10 identical Third Reading 633.
11 On page 16, Senator Sheffer moves
12 to discharge the Committee on Rules from
13 Assembly Bill Number 5546A and substitute it for
14 the identical Third Reading 753.
15 On page 16, Senator Levy moves to
16 discharge the Committee on Rules from Assembly
17 Bill Number 682A and substitute it for the
18 identical Third Reading 760.
19 On page 32, Senator Gold moves to
20 discharge the Committee on Rules from Assembly
21 Bill Number 3815 and substitute it for the
22 identical Third Reading 1194.
23 On page 32, Senator Waldon moves
5427
1 to discharge the Committee on Cities from
2 Assembly Bill Number 1341 and substitute it for
3 the identical Third Reading 1196.
4 On page 33, Senator Seward moves
5 to discharge the Committee on Rules from
6 Assembly Bill Number 5882 and substitute it for
7 the identical Third Reading 1203.
8 On page 33, Senator Wright moves
9 to discharge the Committee on Rules from
10 Assembly Bill Number 6810 and substitute it for
11 the identical Third Reading 1207.
12 On page 35, Senator Johnson moves
13 to discharge the Committee on Rules from
14 Assembly Bill Number 5102A and substitute it for
15 the identical Third Reading 1219.
16 On page 35, Senator LaValle moves
17 to discharge the Committee on Rules from
18 Assembly Bill Number 7873 and substitute it for
19 the identical Third Reading 1223.
20 On page 36, Senator Trunzo moves
21 to discharge the Committee on Rules from
22 Assembly Bill Number 7891 and substitute it for
23 the identical Third Reading 1230.
5428
1 ACTING PRESIDENT FARLEY: Without
2 objection, those substitutions are ordered.
3 Senator Kuhl.
4 SENATOR KUHL: Yes, Mr.
5 President. I move we now adopt the Resolution
6 Calendar with the exception of Resolution Number
7 1775.
8 ACTING PRESIDENT FARLEY: All in
9 favor of adopting the Resolution Calendar, say
10 aye.
11 (Response of "Aye.")
12 Those opposed, nay.
13 (There was no response. )
14 The Resolution Calendar is
15 adopted with exception.
16 SENATOR KUHL: Now, Mr.
17 President, would you recognize Senator Daly.
18 ACTING PRESIDENT FARLEY: Senator
19 Daly.
20 SENATOR DALY: Mr. President, on
21 one of the resolutions, I stand before you, my
22 colleagues, as you can easily see, a paradigm of
23 sartorial elegance. I might add to that that I
5429
1 notice my hero in such cases, Senator Galiber,
2 even looked upon me with envy today.
3 Now, why would an unpretentious
4 and humble man such as myself make such a
5 statement? Well, I want you to know that on
6 behalf of the resolution which will designate
7 "Help Yourself, Buy America" -- or I should
8 say, designate Labor Day as "Help Yourself, Buy
9 American Day", I want you to know that my coat,
10 the jacket, suit, was made in Rochester; shirt,
11 made in Medina; tie, made in the USA; socks,
12 made in USA; shoes, made in the USA, and you'll
13 have to take my word for it, but my under
14 garments were made in the USA too.
15 Last year, if you remember, we
16 started this program. We in the Senate
17 initiated the proposal that Labor Day be
18 designated as "Help Yourself, Buy American
19 Day." At that time we sent the resolution to
20 all the states in the United States and truly
21 had an exceptional acceptance of this
22 resolution, so that the same resolution we
23 passed here in New York State was passed in
5430
1 twenty other states, and proclamations made in
2 each of those states that Labor Day be
3 designated as "Help Yourself, Buy American Day."
4 I know we have talked about -
5 we have been talking about "Buy American" for
6 many years. Maybe it's finally starting to
7 catch hold. I note from a New York Newsday
8 article on January 7, 1993, which indicated a
9 "Buy American" sentiment played a role in
10 helping the Ford Taurus become the best selling
11 car in the United States last year. In
12 addition, the April 23rd edition of The
13 Kiplinger Washington Letter noted that people
14 want to buy American products.
15 Now, we passed this last year;
16 why would we want to do it again? My
17 colleagues, I think we should do this every year
18 and try to create even -- make it bigger and
19 better, and we're working now with the
20 Governor's office to try to make Labor Day
21 something special as far as reminding people -
22 that's the key word -- reminding people that
23 it's in their best interest if they give
5431
1 preference in the purchase of -- to buy, or I
2 should say, in buying American-made products,
3 because nothing truly can help this economy
4 better or more. Think of the impact we would
5 have on the economy if we can improve the
6 purchase of American cars by about 10 percent.
7 We would have an amazing and very effective
8 impact on the economy.
9 So what do we have to do? I think
10 we have to keep reminding the people of the
11 state and of this nation that they should give
12 preference to the purchase of American-made
13 products and that when they go out and they buy,
14 they look and ask for American-made products.
15 I remember about two weeks ago -
16 I mentioned my shoes. I bought them locally
17 and I noticed there was a sale out in the mall,
18 so I went out, and it was Bostonian. I hadn't
19 bought any Bostonian shoes before, but it said,
20 "Made in America," so I walked in and I sat
21 down. I said, "I'd like to see some shoes,
22 please." And the proprietor brought out four
23 pairs of shoes. I looked at the bottom, "Made
5432
1 in Italy." Not that I have anything against
2 Italy, but I said, "I came here to buy American
3 made shoes. Now bring me some American-made
4 shoes." Lo and behold, he disappeared for about
5 ten seconds and came out with some more shoes
6 all made in America, and I made a purchase.
7 If we would all think about
8 giving preference to American-made products, my
9 colleagues, we could have an impact on this
10 economy. I think we will all agree to that, and
11 that's why the resolution is before you today.
12 And, hopefully, as I said, this Labor Day we
13 will make it bigger and better, and other states
14 will pick it up and we'll continue to make the
15 American people aware that they should give
16 preference to products made in this country.
17 The purpose of the resolution -
18 I'm sure you will agree with me that it is a
19 good resolution. I look forward to your support
20 today and let's all work to make Labor Day
21 even more important as far as reminding the
22 people of this state and the people of this
23 country that it's in their best interest -- it
5433
1 certainly is in the best interest of our country
2 -- if we give preference to American-made
3 products.
4 Thank you, Mr. President.
5 On the resolution.
6 SENATOR KUHL: That was already
7 adopted.
8 ACTING PRESIDENT FARLEY: That
9 was already adopted, that resolution.
10 Senator Kuhl.
11 SENATOR KUHL: Yes. Mr.
12 President, on behalf of Senator Hannon, I wish
13 to call his bill up, Senate Print Number 279,
14 recalled from the Assembly which is at the desk.
15 ACTING PRESIDENT FARLEY:
16 Secretary will read Senator Hannon's bill.
17 THE SECRETARY: By Senator
18 Hannon, Senate Bill Number 279, authorize
19 payments in lieu of taxes by the county of
20 Nassau.
21 SENATOR KUHL: Mr. President, I
22 now move to reconsider the vote by which this
23 bill was passed.
5434
1 ACTING PRESIDENT FARLEY: The
2 Secretary will call the roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration. )
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT FARLEY: The
7 bill is before the house.
8 SENATOR KUHL: Offer up the
9 following amendments.
10 ACTING PRESIDENT FARLEY:
11 Amendments received. The bill will retain its
12 place.
13 SENATOR KUHL: Mr. President,
14 would you recognize Senator Lack, please.
15 ACTING PRESIDENT FARLEY: Senator
16 Lack.
17 SENATOR KUHL: Call up Resolution
18 1775.
19 ACTING PRESIDENT FARLEY: 1775,
20 the Secretary will read the title of Senator
21 Lack's resolution.
22 THE SECRETARY: Legislative
23 Resolution 1775, by Senator Lack and others,
5435
1 urging the honorable Senators from New York to
2 support the maintenance of the current 80
3 percent deductibility of business meals and
4 entertainment expenses.
5 ACTING PRESIDENT FARLEY: Senator
6 Lack.
7 SENATOR LACK: Thank you, Mr.
8 President. It is estimated that in the state of
9 New York, as a result of the proposed change in
10 federal deductibility from 80 percent to 50
11 percent for business meals and business expense
12 luncheons, that there will be a loss in income,
13 sales in the state of a quarter of a billion
14 dollars and a loss of 11,392 jobs in the state.
15 As chair of the Senate
16 Labor Committee, I have been contacted by
17 several organizations and several unions, which
18 is why, I'm sure, that this resolution is
19 sponsored not only by myself and a rather
20 eclectic group as far as the Senate goes.
21 Senator Daly, Senator Larkin, Senator Marchi,
22 Senator Markowitz, Senator Nolan, Senator
23 Santiago, Senator Smith, and Senator Volker,
5436
1 truly a cross-section of the Senate representing
2 what could happen to this state if this type of
3 deductibility change takes place. If these
4 11,392 jobs, it's estimated, can be lost in this
5 state, in many respects it's those in the lower
6 income classifications and those in the food
7 service and restaurant industry who would suffer
8 as a result of these deductibility changes.
9 For that reason, Mr. President, I
10 submitted this resolution, calling upon our
11 United States Senators, Senators Moynihan and
12 D'Amato, to consider the effect upon the economy
13 of New York if we lose a quarter of a billion
14 dollars in restaurant sales in this state and
15 11,000 more jobs in an already perilous economy
16 in this state.
17 ACTING PRESIDENT FARLEY: Is the
18 resolution open to other members?
19 SENATOR LACK: Circulate it to
20 every member of this house and is open for
21 co-sponsor ship.
22 ACTING PRESIDENT FARLEY: Raise
23 your hand if you want to be on the resolution.
5437
1 Incidentally, all of those people were not
2 circled, but I'm sure they want to be on it.
3 All in favor of adopting Senator
4 Lack's resolution, say aye.
5 (Response of "Aye.")
6 Those opposed, nay.
7 (There was no response. )
8 The resolution is adopted.
9 SENATOR LACK: Thank you very
10 much.
11 ACTING PRESIDENT FARLEY: Senator
12 Kuhl.
13 SENATOR KUHL: Will you call up
14 the non-controversial calendar, please?
15 ACTING PRESIDENT FARLEY:
16 Non-controversial. Secretary will read it.
17 THE SECRETARY: On page 7,
18 Calendar Number 395, by Senator Kuhl.
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 SENATOR KUHL: Lay it aside for
22 the day, please.
23 ACTING PRESIDENT FARLEY: Lay it
5438
1 aside for today.
2 THE SECRETARY: Calendar Number
3 438, by Senator Johnson, Senate Bill Number
4 3534A, Environmental Conservation Law.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 462, by Senator Volker, Senate Bill Number 3907,
17 an act to amend the Criminal Procedure Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Senator
23 DeFrancisco.
5439
1 SENATOR DeFRANCISCO: May I
2 explain my vote?
3 ACTING PRESIDENT FARLEY: Yes.
4 Senator DeFrancisco, to explain his vote.
5 SENATOR DeFRANCISCO: I brought
6 this point up at the Codes Committee meeting and
7 I'm going to vote in favor of this bill but with
8 strong reservations, and I hope it gets
9 corrected in the process.
10 The purpose of the bill is to
11 provide for increased penalties and also an
12 extended period for the statute of limitations
13 for child abuse situations, both in criminal
14 cases and in civil cases. The criminal law
15 statute of limitations is no problem. It's
16 basically three years from the date the child
17 becomes 18 years of age or the report -- it's
18 reported to the appropriate authorities,
19 whichever comes first.
20 The problem that I have despite
21 the fact that the Trial -- New York State Trial
22 Lawyers Association thinks this is a good idea,
23 the problem I have is with the civil statute of
5440
1 limitations, and it's almost an unlimited
2 statute of limitations. It provides that you
3 can bring the lawsuit within three years from
4 the time of the discovery by the injured party
5 or both the -- of both the injury and the causal
6 connection between the injury and the abuse. In
7 other words, it's when the person realizes the
8 injury is caused by something that happened some
9 time past in their lifetime and there's a causal
10 connection established. The three years starts
11 to run at that point in time.
12 I think as a practical matter it
13 would be relatively easy for one to get a
14 psychologist to determine that the causal
15 connection was just discovered today, maybe 30
16 years after the incident occurred, and I think
17 it's too open-ended to allow civil proceedings
18 and not have an effective statute of
19 limitations.
20 So I'm going to vote yes. I
21 think it's an important bill, but I hope that
22 particular provision be looked at very carefully
23 before it's signed into law.
5441
1 ACTING PRESIDENT FARLEY:
2 Results.
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 53.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 471.
14 SENATOR KUHL: Lay it aside.
15 ACTING PRESIDENT FARLEY: Lay it
16 aside.
17 THE SECRETARY: Calendar Number
18 633, by member of the Assembly Bennett,
19 substituted earlier today, Assembly Bill Number
20 5476B, an act to amend the General City Law, the
21 Town Law and the Village Law.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
5442
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 53.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 729, by Senator Saland, Senate Bill Number -
11 SENATOR STACHOWSKI: Lay it
12 aside.
13 ACTING PRESIDENT FARLEY: Lay
14 that bill aside.
15 THE SECRETARY: Calendar Number
16 794, by Senator Daly, Senate Bill Number 109...
17 SENATOR STACHOWSKI: Lay it
18 aside.
19 ACTING PRESIDENT FARLEY: Lay
20 that bill aside.
21 THE SECRETARY: Calendar Number
22 869, by Senator Hannon.
23 SENATOR STACHOWSKI: Lay it
5443
1 aside.
2 SENATOR KUHL: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay
4 that bill aside.
5 THE SECRETARY: Calendar Number
6 870.
7 SENATOR KUHL: Lay it aside.
8 SENATOR STACHOWSKI: Lay it
9 aside.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside.
12 THE SECRETARY: Calendar Number
13 871.
14 SENATOR STACHOWSKI: Lay it
15 aside.
16 SENATOR KUHL: Lay it aside.
17 ACTING PRESIDENT FARLEY: Lay it
18 aside.
19 THE SECRETARY: Calendar Number
20 872.
21 SENATOR STACHOWSKI: Lay it
22 aside.
23 SENATOR KUHL: Lay it aside.
5444
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 890, by Senator levy, Senate Bill Number 1003A,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 53.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 971, by the Senate Committee on Rules, Senate
18 Bill Number 5709.
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
5445
1 979, by Senator Spano, Senate Bill Number 5738,
2 an act to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2.
6 This -
7 ACTING PRESIDENT FARLEY: Oh, I'm
8 sorry. There's a home rule message at the
9 desk. Now you can read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1000, by Senator Wright, Senate Bill Number
20 4277.
21 SENATOR WRIGHT: Lay it aside for
22 today, please.
23 SENATOR KUHL: Lay it aside for
5446
1 the day, please.
2 ACTING PRESIDENT FARLEY: Lay it
3 aside for today.
4 THE SECRETARY: Calendar Number
5 1024, by Senator Wright, Senate Bill Number
6 3810A, State Administrative Procedure Act.
7 SENATOR KUHL: Lay it aside.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside.
10 THE SECRETARY: Calendar Number
11 1069, by Senator Cook, Senate Bill -
12 SENATOR ONORATO: Lay it aside.
13 ACTING PRESIDENT FARLEY: Lay
14 that bill aside.
15 THE SECRETARY: Calendar Number
16 1081, by Senator Skelos, Senate Bill Number
17 4040A, authorize the town of Hempstead to lease
18 certain park lands.
19 ACTING PRESIDENT FARLEY: There
20 is a home rule message here at the desk. You
21 can read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5447
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1088, by Senator Stafford, Senate Bill Number
9 4853, Environmental Conservation Law.
10 SENATOR STACHOWSKI: Lay it
11 aside.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 1107, by Senator Levy -
16 SENATOR STACHOWSKI: Lay it
17 aside.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 1120, by Senator Sears, Senate Bill Number
22 3837B, amends Chapter 711 of the Laws of 1992.
23 ACTING PRESIDENT FARLEY: Read
5448
1 the last section. Oh, wait a second. There's a
2 home rule?
3 There's a home rule message here
4 at the desk.
5 If you'll read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 53.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1126, by Senator Johnson -
16 SENATOR STACHOWSKI: Lay it
17 aside.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 1127, by Senator -
22 SENATOR STACHOWSKI: Lay aside.
23 ACTING PRESIDENT FARLEY: Lay
5449
1 that bill aside.
2 THE SECRETARY: Calendar Number
3 1137, by Senator -
4 SENATOR KUHL: Lay it aside.
5 ACTING PRESIDENT FARLEY: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 1150, by Senator Velella, Senate -
9 SENATOR KUHL: Lay it aside.
10 SENATOR STACHOWSKI: Lay it
11 aside.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside.
14 THE SECRETARY: Calendar Number
15 1155, by member of the Assembly Wright, Assembly
16 Bill Number 4219, authorize the city of New York
17 to reconvey its interest in certain real
18 property.
19 ACTING PRESIDENT FARLEY: There
20 is a home rule message here at the desk.
21 You can read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5450
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1165, by Senator Velella, Senate Bill Number
9 3126, an act to amend the Executive Law.
10 SENATOR LEICHTER: Lay it aside.
11 ACTING PRESIDENT FARLEY: Read
12 the last -- lay it aside.
13 THE SECRETARY: Calendar Number
14 1166, by Senator Velella, Senate Bill Number
15 3188.
16 ACTING PRESIDENT FARLEY: Lay
17 that bill aside.
18 THE SECRETARY: Calendar Number
19 1172, by Senator Wright, Senate Bill Number
20 4230B, amends Chapter 266 of the Laws of 1854.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
5451
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 53.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1181, by Senator Hannon, Senate Bill Number
10 4991, an act to amend the Tax Law.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1182, by Senator Hannon, Senate Bill Number
23 5017, to allow Douglas Robins of Levittown
5452
1 retroactive membership in the retirement system.
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 1183, by Senator Hannon, Senate Bill Number
7 5332, amends Chapter 750 of the Laws of 1871.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1185 -
20 SENATOR STACHOWSKI: Lay it
21 aside.
22 ACTING PRESIDENT FARLEY: Lay
23 that bill aside.
5453
1 THE SECRETARY: Calendar Number
2 1191, by Senator Bruno, Senate Bill Number 5870,
3 authorize the town of Clifton Park, Saratoga
4 County, to employ town constables.
5 ACTING PRESIDENT FARLEY: There
6 is a home rule message at the desk.
7 You can read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 53.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1192, by Senator Seward, Senate Bill Number
18 5883, an act to amend the Town Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
5454
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 53.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1194, substituted earlier today, by member of
8 the Assembly Hevesi, Assembly Bill Number 3815,
9 authorizing the city of New York to reconvey its
10 interest in certain real property.
11 ACTING PRESIDENT FARLEY: Senator
12 Gold has a home rule message here at the desk.
13 You can read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 53.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1195, by Senator Stafford, Senate Bill Number
5455
1 443 -
2 ACTING PRESIDENT FARLEY: Lay
3 that bill aside.
4 THE SECRETARY: Calendar Number
5 1196, substituted earlier today, by
6 member of the Assembly Jenkins, Assembly
7 Bill Number 1341, authorizing the city of New
8 York to reconvey its interest in certain real
9 property.
10 ACTING PRESIDENT FARLEY: Senator
11 Waldon has a home rule message here at the
12 desk.
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT FARLEY: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 53.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1197, by Senator Spano, Senate Bill Number
5456
1 2225A, an act to amend the Family Court Act.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 53.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1198, by Senator DeFrancisco, Senate Bill Number
14 2341, an act to amend the Highway Law,
15 assist in certain roads in the village of
16 Camillus.
17 ACTING PRESIDENT FARLEY: Senator
18 DeFrancisco has a home rule message at the
19 desk.
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
5457
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 53.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1199, by Senator Pataki, Senate Bill Number
8 2876A, Environmental Conservation Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 53.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1201, by Senator Volker, Senate Bill Number
21 3825B, an act to amend the Criminal Procedure
22 Law.
23 ACTING PRESIDENT FARLEY: Read
5458
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT FARLEY: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 53.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1202, by Senator Present, Senate Bill Number
12 3859, an act to amend the Vehicle and Traffic
13 Law.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 53.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
5459
1 THE SECRETARY: Calendar Number
2 1203, substituted earlier today, by member of
3 the Assembly Tonko, Assembly Bill Number 5882,
4 an act to amend the Public Service Law.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 104, by Senator Johnson, Senate Bill Number
17 3991, an act to amend the Environmental
18 Conservation Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
5460
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 54.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1205, by Senator Kuhl, Senate Bill Number 4087,
8 an act to amend the Alcoholic Beverage Control
9 Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1206, by Senator Nozzolio, Senate Bill Number
22 4154, an act to -
23 SENATOR GOLD: Lay it aside.
5461
1 ACTING PRESIDENT FARLEY: Lay
2 that bill aside.
3 THE SECRETARY: Calendar Number
4 1267, substituted earlier today, by member of
5 the Assembly North, Assembly Bill Number 6810,
6 an act to provide for non-partisan primaries in
7 elections.
8 ACTING PRESIDENT FARLEY: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT FARLEY: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 54.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1208, by Senator Johnson, Senate Bill Number
20 4375A, to allow -
21 SENATOR GOLD: Lay it aside.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside.
5462
1 THE SECRETARY: Calendar Number
2 1209, by Senator Gonzalez, Senate Bill Number
3 4470, Environmental Conservation Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 53, nays
12 one, Senator Pataki voted in the negative.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1210, by Senator Present, Senate Bill Number
17 4491, an act to amend the Alcoholic Beverage
18 Control Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT FARLEY: Call
5463
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 54.
4 ACTING PRESIDENT FARLEY: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1211, by Senator Mega, Senate Bill Number 4580,
8 Criminal Procedure Law.
9 SENATOR PRESENT: Lay it aside
10 for today.
11 ACTING PRESIDENT FARLEY: Lay
12 that bill aside for the day.
13 THE SECRETARY: Calendar Number
14 1212, by Senator Sheffer, Senate Bill Number
15 4638, authorize the New York State Canal
16 Corporation to abandon certain canal lands.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll. )
5464
1 THE SECRETARY: Ayes 53.
2 ACTING PRESIDENT FARLEY: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1213, by Senator Padavan.
6 SENATOR PADAVAN: Lay it aside
7 for the day.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside for the day.
10 THE SECRETARY: Calendar Number
11 1214, by Senator Stafford, Senate Bill Number
12 4810, an act to amend the Agriculture and
13 Markets Law.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 54.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
5465
1 THE SECRETARY: Calendar 1216, by
2 Senator Saland, Senate Bill Number 4969A, Public
3 Authorities Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 54.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Excuse me. Ayes
15 53, nays 1. Senator Pataki recorded in the
16 negative.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1217, by Senator Hannon.
21 SENATOR GOLD: Can we have one
22 day on this, please?
23 ACTING PRESIDENT FARLEY: Senator
5466
1 Hannon? Senator Kuhl.
2 SENATOR KUHL: Lay it aside
3 temporarily.
4 ACTING PRESIDENT FARLEY: Lay it
5 aside.
6 THE SECRETARY: Calendar Number
7 1218, by Senator Lack, Senate Bill Number 4994A,
8 authorizing the sale of certain state-owned
9 lands.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1219, substituted earlier today, by member of
22 the Assembly DiNapoli, Assembly Bill Number
23 5102A, an act to amend the General Municipal
5467
1 Law.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 54.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1220, by Senator Holland, Senate Bill Number
14 5147, an act to amend the Public Authorities
15 Law.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 54.
5468
1 ACTING PRESIDENT FARLEY: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1221, by Senator Sheffer, Senate Bill Number
5 5186, an acted to amend the Religious
6 Corporations Law.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 54.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 SENATOR OPPENHEIMER: Mr.
18 President.
19 ACTING PRESIDENT FARLEY: Senator
20 Oppenheimer.
21 SENATOR OPPENHEIMER: I just
22 stepped out for a moment. I would like
23 unanimous consent to be recorded in the negative
5469
1 on Number 1220.
2 ACTING PRESIDENT FARLEY: 1220.
3 SENATOR OPPENHEIMER: 1-2-2-0.
4 It just passed a few moments ago.
5 ACTING PRESIDENT FARLEY: Senator
6 Oppenheimer will be in the negative on 1220,
7 without objection.
8 THE SECRETARY: Calendar Number
9 1223, substituted earlier today, by the Assembly
10 Committee on Rules, Assembly Bill Number 7073,
11 an act to dedicate the David A. Sarnoff Pine
12 Barrens and the Rocky Point Resources Management
13 Area.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 54.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
5470
1 THE SECRETARY: Calendar Number
2 1224, by Senator Farley, Senate Bill Number
3 5410, Surrogate's Court Procedure Act.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 53, nays 1,
12 Senator Pataki recorded in the negative.
13 ACTING PRESIDENT FARLEY: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1225, by Senator LaValle, Senate Bill Number
17 5428, an act to amend the Education Law.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
5471
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 54.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1226, by Senator Levy, Senate Bill Number 5433,
7 an act to amend the Transportation Law and the
8 Vehicle and Traffic Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 53, nays 1.
17 Senator Kuhl recorded in the negative.
18 ACTING PRESIDENT FARLEY: That
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1227, by Senator Levy.
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay
5472
1 that bill aside.
2 THE SECRETARY: Calendar Number
3 1228, by Senator Daly.
4 SENATOR GOLD: Lay it aside.
5 ACTING PRESIDENT FARLEY: Lay it
6 aside.
7 THE SECRETARY: Calendar Number
8 1229, by Senator Padavan, Senate Bill Number
9 5571, Public Authorities Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 53, nays 1.
18 Senator Leichter recorded in the negative.
19 ACTING PRESIDENT FARLEY: That
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1230, substituted earlier today, by the Assembly
23 Committee on Rules, Assembly Bill Number 7891,
5473
1 amends Chapter 901 of the Laws of 1990, amending
2 the Environmental Conservation Law.
3 SENATOR LEICHTER: Lay it aside.
4 ACTING PRESIDENT FARLEY: Lay
5 that bill aside.
6 THE SECRETARY: Calendar Number
7 1231, by Senator Sears, Senate Bill Number 5681,
8 an act to amend the Tax Law and Chapter 644 of
9 the Laws of 1984.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 53.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1232, by Senator Levy.
22 SENATOR PRESENT: Lay it aside
23 for the day.
5474
1 ACTING PRESIDENT FARLEY: Lay it
2 aside for the day.
3 THE SECRETARY: Calendar Number
4 1233, by Senator Saland, Senate Bill Number
5 5766, an act to amend the Public Authorities
6 Law.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll. )
14 SENATOR LEICHTER: Lay it aside.
15 ACTING PRESIDENT FARLEY:
16 Withdraw the roll call. Lay the bill aside.
17 THE SECRETARY: Calendar Number
18 1234, by Senator Seward, Senate Bill Number
19 5808, an act to amend the Public Service Law.
20 SENATOR PRESENT: Lay it aside
21 for the day.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside for today.
5475
1 THE SECRETARY: Calendar Number
2 1235, by Senator Saland, Senate Bill Number
3 5860, an act to amend the Social Services Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 54.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1236, by Senator Stafford, Senate Bill Number
16 5866.
17 SENATOR GOLD: Lay it aside.
18 ACTING PRESIDENT FARLEY: Lay
19 that bill aside.
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT FARLEY: Senator
22 Leichter.
23 SENATOR LEICHTER: Mr.
5476
1 President. By mistake, I laid aside Calendar
2 1233. I have no objection to that bill if you
3 want to call it.
4 ACTING PRESIDENT FARLEY: Would
5 the Secretary call up 1233 again.
6 THE SECRETARY: Calendar Number
7 1233, by Senator Saland, Senate Bill Number
8 5766, an act to amend the Public Authorities
9 Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: 1237, by Senator
21 Trunzo, Senate Bill Number 5834, amends Chapter
22 422 of the Laws of 1991.
23 SENATOR GOLD: Lay it aside.
5477
1 ACTING PRESIDENT FARLEY: Lay
2 that bill aside.
3 THE SECRETARY: Calendar Number
4 1238, by Senator Present, Senate Bill Number
5 5887, authorizing the county of Cattaraugus to
6 elect and make an optional 20-year retirement
7 plan.
8 ACTING PRESIDENT FARLEY: Senator
9 Present has a home rule message here at the
10 desk.
11 You can read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 54.
18 ACTING PRESIDENT FARLEY: That
19 bill is passed, and that is our last bill. The
20 first time around, Senator Present.
21 SENATOR PRESENT: Mr. President,
22 can we return to reports of standing committees.
23 ACTING PRESIDENT FARLEY: Yes, we
5478
1 may.
2 The Secretary will read a report
3 of a standing committee. But first let's have a
4 little order here.
5 THE SECRETARY: Senator Marino,
6 from the Committee on Rules, reports the
7 following bills directly for third reading:
8 Senate Bill Number 1132, by
9 Senator Stachowski, authorize the city of
10 Buffalo to discontinue the use of park land.
11 2095, by Senator Espada,
12 authorizing the city of New York to reconvey its
13 interest in certain real property.
14 2429, by Senator Tully, an act to
15 amend the Executive Law.
16 2475, by Senator Johnson, an act
17 to amend the Banking Law.
18 3012A, by Senator Spano, Civil
19 Service Law.
20 3104, by Senator Present, State
21 Administrative Procedure Act.
22 3180, by Senator Cook, Real
23 Property Tax Law.
5479
1 3560, by Senator Farley, allowing
2 Alexandra J. Burns retroactive membership in the
3 retirement system.
4 3674, by Senator Present, Real
5 Property Tax Law.
6 3930, by Senator Goodman, Vehicle
7 and Traffic Law.
8 4220, by Senator Cook, Real
9 Property Tax Law.
10 4897, by Senator Hannon,
11 Administrative Code of the city of New York.
12 5263, by Senator Lack, an act to
13 amend the Labor Law.
14 5362, by Senator Masiello, Local
15 Finance Law.
16 5411A, by Senator Farley, General
17 Municipal Law.
18 5626A, by Senator Holland, Social
19 Services Law.
20 5678, by Senator Holland, Social
21 Services Law.
22 5687, by Senator Holland, Social
23 Services Law.
5480
1 5805, by Senator Bruno, Public
2 Authorities Law.
3 5821, by Senator Wright, State
4 Administrative Procedure Act.
5 5852, by Senator Volker, county
6 of Livingston to acquire sites.
7 5853, by Senate Committee on
8 Rules, General Municipal Law.
9 5881, by Senator Saland, Family
10 Court Act.
11 5900, by Senator Johnson,
12 Environmental Conservation Law.
13 5929, by Senator Johnson,
14 Environmental Conservation Law.
15 5931, by Senator Trunzo,
16 Administrative Code of the city of New York.
17 5961, by Senator Trunzo, an act
18 to amend the Executive Law.
19 All bills reported directly for
20 third reading.
21 ACTING PRESIDENT FARLEY: All
22 bills are reported direct to third reading.
23 Senator Present.
5481
1 SENATOR PRESENT: Will you
2 recognize Senator Hannon, please.
3 ACTING PRESIDENT FARLEY: Senator
4 Hannon? There he is.
5 Senator Hannon.
6 SENATOR HANNON: Yes, Mr.
7 President. I have two amendments to offer up.
8 On page number 22, I offer the
9 following amendments to Calendar 871, Print
10 Number 4930, and I would ask that said bill
11 retain its place on the Third Reading Calendar.
12 ACTING PRESIDENT FARLEY: Without
13 objection.
14 SENATOR HANNON: On the same
15 page, that is page 22, I would also offer the
16 following amendments to Calendar 872, Print
17 Number 5163, and I would ask that the bill
18 retain its place on the Third Reading Calendar.
19 ACTING PRESIDENT FARLEY: Without
20 objection, the bill will retain its place.
21 Senator Mega.
22 SENATOR MEGA: Mr. President. On
23 the starred calendar, on page 38, on behalf of
5482
1 Senator Stafford, earlier today he had requested
2 that the star be removed from Calendar 43. He
3 now requests that the star remain on Calendar
4 43.
5 ACTING PRESIDENT FARLEY: The
6 star is put back on.
7 SENATOR MEGA: Thank you.
8 ACTING PRESIDENT FARLEY: Senator
9 Saland.
10 SENATOR SALAND: Mr. President, I
11 would like to remove the star from Calendar 456,
12 Senate 3286.
13 ACTING PRESIDENT FARLEY: 456,
14 the star is removed at the request of the
15 sponsor.
16 SENATOR SALAND: Also, Mr.
17 President, on page 35, Calendar Number 1224,
18 bill S. 5410, I would like unanimous consent to
19 be recorded in the negative.
20 ACTING PRESIDENT FARLEY: Without
21 objection. Let's get that Calendar Number
22 again.
23 SENATOR SALAND: Calendar 1224.
5483
1 ACTING PRESIDENT FARLEY: That's
2 my bill.
3 Senator Present.
4 SENATOR PRESENT: Mr. President.
5 I believe we are ready for the controversial
6 calendar.
7 ACTING PRESIDENT FARLEY: Yes, we
8 are, sir. Secretary will read controversial.
9 THE SECRETARY: On page 9,
10 Calendar Number 471, by member of the Assembly
11 Wright.
12 SENATOR PRESENT: Lay it aside
13 for the day, please.
14 ACTING PRESIDENT FARLEY: Lay
15 that bill aside for today.
16 THE SECRETARY: Calendar Number
17 729, by Senator Saland, Senate Bill Number
18 3105C, an act to amend the General Business Law.
19 SENATOR GOLD: Explanation.
20 ACTING PRESIDENT FARLEY:
21 Explanation has been asked for.
22 Senator Saland.
23 SENATOR SALAND: Mr. President,
5484
1 could I request this be laid aside for the day,
2 please?
3 ACTING PRESIDENT FARLEY: Lay the
4 bill aside for today.
5 THE SECRETARY: Calendar Number
6 794, by Senator Daly, Senate Bill Number 1099,
7 an act to amend the Environmental Conservation
8 Law.
9 SENATOR GOLD: Explanation.
10 SENATOR PRESENT: Lay it aside
11 temporarily.
12 ACTING PRESIDENT FARLEY: Lay it
13 aside temporarily.
14 THE SECRETARY: Calendar Number
15 869, by Senator Hannon, Senate Bill Number
16 4898A.
17 SENATOR PRESENT: Lay it aside.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside.
20 THE SECRETARY: Calendar Number
21 870, by Senator Hannon.
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay it
5485
1 aside.
2 SENATOR PRESENT: Call up 794,
3 please.
4 ACTING PRESIDENT FARLEY: 794.
5 THE SECRETARY: Calendar Number
6 794, by Senator Daly, Senate Bill Number 1899,
7 an act to amend the Environmental Conservation
8 Law.
9 SENATOR GOLD: Explanation.
10 ACTING PRESIDENT FARLEY:
11 Explanation. Senator Daly.
12 SENATOR DALY: Yes, Mr.
13 President. Under the existing law, state
14 beverage containers must be photodegradable or
15 biodegradable to be used.
16 This would change the law to
17 allow recycled and recyclable materials to be
18 used also. Basically, it gives manufacturers
19 opportunities to use materials that can be
20 recycled, and the material -- the product they
21 make must be made partially of recycled
22 materials themselves. So you are dealing with a
23 product that, first of all, is using recycled
5486
1 materials and yet can be recyclable also.
2 SENATOR GOLD: Can you hold on
3 one second.
4 SENATOR DALY: Sure. Mr.
5 President. I might add, too, while we're
6 waiting that this bill is endorsed and supported
7 by the Department of Environmental
8 Conservation. We have a typical DEC memorandum
9 where they list the bills that are supported,
10 and Senate 1099, this particular bill, is
11 supported.
12 SENATOR GOLD: Will Senator yield
13 to a question?
14 SENATOR DALY: Certainly.
15 ACTING PRESIDENT FARLEY: Senator
16 Daly.
17 SENATOR GOLD: Senator, there is
18 a memorandum that I'm looking at where it says
19 on your bill that they have some concerns, but
20 nothing else. Did you receive something after
21 this from them?
22 SENATOR DALY: This says here,
23 Senator -- I note that on the memorandum which I
5487
1 have -- I'll show it to you. It says, "S. 1099,
2 beverage container, in support (revised)."
3 SENATOR GOLD: I see.
4 SENATOR DALY: This is dated -
5 sorry, Senator, it doesn't have a date, but I
6 know it's -- oh, wait. May 25, 1993.
7 SENATOR GOLD: Will the Senator
8 yield to one more question?
9 SENATOR DALY: Certainly.
10 SENATOR GOLD: Is this the same
11 as the 1992 bill?
12 SENATOR DALY: Yes, it is.
13 SENATOR GOLD: All right. I
14 yield to Senator Leichter.
15 ACTING PRESIDENT FARLEY: Senator
16 Leichter. Would you yield, Senator Daly, to a
17 few questions?
18 SENATOR LEICHTER: Mr. President,
19 isn't it a fact, Senator, that the effect of
20 this bill would be that those companies that
21 package or market their product in these plastic
22 containers or holders would continue to do so,
23 and that you would be, in effect, furthering the
5488
1 use of plastics?
2 SENATOR DALY: Actually, all it
3 does, Mr. President, is gives these companies an
4 option to use either materials that are
5 photodegradable or biodegradable or materials
6 that are both recycled and recyclable.
7 SENATOR LEICHTER: Yes, but,
8 Senator, as I recollect the debate on this bill
9 last year, one of our concerns was that we had
10 told the whole industry we want to get away from
11 plastics and that, based on that, companies had
12 made adjustments to the way that they packaged
13 their products.
14 Now -- I gather this is for the
15 benefit of one or two companies and so on -- you
16 are permitting the use of plastics, although it
17 is your claim and your justification that these
18 are biodegradable.
19 SENATOR DALY: Mr. President. I
20 don't know -- I believe that what we've told
21 companies who make plastic is that we want
22 plastics which can either be used again -
23 SENATOR LEICHTER: Excuse me. I
5489
1 can't hear you, Senator, I'm sorry.
2 SENATOR DALY: I don't believe
3 the state ever made a policy of decreasing
4 plastics, per se, but rather decreasing the use
5 of plastics that are not biodegradable,
6 photodegradable or recyclable and recycled, and
7 basically what this bill does is it allows
8 companies to use another option.
9 In other words, if you are using
10 plastics right now which are photodegradable you
11 can in their place -- and frankly, Senator, we
12 believe this is a better material to use because
13 when you say that a plastic is either
14 biodegradable or photodegradable, the question
15 is, "How long does it take for that to happen?"
16 and this particular material, this newly
17 developed material is material that, first of
18 all, is made from -- a certain percentage of the
19 finished product has to be made from previously
20 used plastics; in other words, recycled
21 plastics, and also this material itself can be
22 recyclable, so it can be reused again.
23 And what we're doing is you're
5490
1 using that material. First of all, you are
2 taking plastics that have already been used,
3 reusing them, and that final product in itself
4 can be reused. So you are decreasing the amount
5 of plastic that goes into our waste chain, and
6 you will note also the bill includes
7 specifications which would protect wild animals
8 or pets so that they could not be entangled in
9 the finished product, would not create a danger
10 to wild life.
11 SENATOR LEICHTER: Senator, some
12 of the debates and the issues of last year are
13 coming back, because both Senator Gold and I
14 were a little unsure why a number of us voted
15 against it. I guess in addition to the reasons
16 that I raised about the furtherance of plastic,
17 I guess there is a memorandum of opposition
18 which says, "The state's native brewers strongly
19 oppose this bill." That was issued on behalf of
20 the Genesee Brewing Company, Rochester, and the
21 F. X. Matt Brewing Company, Utica, New York, and
22 states, "This bill provides for the use of a
23 certain six-pack plastic retaining device that
5491
1 offers no new economic or environmental
2 benefits. The 'new' device is constructed of
3 rigid plastic having defined edges and two round
4 unbreakable holes or openings that are non
5 stretchable. The six-pack plastic holding
6 device now used by the above brewers, however,
7 is both photodegradable and recyclable. It is a
8 thoroughly tested product and has properly
9 addressed concerns relevant to litter control,
10 solid waste reduction and recycling."
11 So I gather the effect of your
12 bill, Senator, would be economically harmful to
13 our local brewers.
14 SENATOR DALY: Mr. President, I
15 know the memorandum in opposition that the
16 Senator refers to. However, I will tell you
17 that I was somewhat surprised to read that
18 memo. First of all, it does not add to their
19 costs, because it does not require them to stop
20 using their existing material which is a
21 photodegradable material.
22 What this bill does is give them
23 an option. If those three breweries want to
5492
1 continue using the material they are presently
2 using, they can use it. We're not discontinuing
3 the use of that plastic. We're adding one.
4 So I take strong exception to
5 that particular memorandum, because I thought it
6 was very hyperbolic to be frank with you. And if
7 they want to argue about what's better, I can
8 stand here and say, well, this particular
9 product covers the top of the can; the other
10 product doesn't, so it makes it more sanitary.
11 But that is something I don't think belongs on
12 this floor with the questions that are being
13 raised.
14 Just let me finish my statement.
15 Senator, by saying that this bill does not -
16 does not do any harm to those companies. They
17 can continue using exactly the same material,
18 the same process. They don't have to make one
19 penny change to their present operation. It
20 just allows this other material, which as I said
21 can be 100 percent recycled, be also used.
22 SENATOR LEICHTER: Senator, is
23 that under Subsection A of your bill? I just
5493
1 want to make sure that their present device
2 would not be precluded.
3 SENATOR DALY: Mr. President.
4 Senator, let me say if there is any way this
5 bill prevents those companies from continuing
6 their existing manufacturing processing, from
7 continuing using the same materials, to impact
8 on their production process in one way, I
9 guarantee you the bill will be changed and will
10 be changed.
11 SENATOR LEICHTER: Well, by that
12 time, Senator, it may be law. I think you're
13 right, Senator, and I happen to agree with you
14 as I read the bill. I just wanted you to
15 confirm it that perhaps under that Subdivision A
16 which says, "Such plastic holding device
17 decomposes," which is what these brewers use.
18 SENATOR DALY: That's right.
19 SENATOR LEICHTER: I gather then
20 their argument is that they feel they have a
21 certain advantage now in the packaging, and
22 you're going to take that advantage away by
23 giving the out-of-state brewers an ability to
5494
1 use a plastic device which they don't have,
2 which maybe will make the marketing of beer
3 easier.
4 I can see that maybe
5 economically, from their viewpoint, it's not to
6 their advantage, but I think you make a good
7 argument. I don't think you can certainly
8 oppose it on environmental grounds.
9 Senator, you have convinced me.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 SENATOR DALY: May I say one more
13 thing, Mr. President?
14 ACTING PRESIDENT FARLEY: Senator
15 Daly.
16 SENATOR DALY: This will not
17 impact on them. Other out-of-state breweries
18 are using the same materials, so it won't impact
19 on them one bit.
20 SENATOR GOLD: Will the Senator
21 yield to a question?
22 ACTING PRESIDENT FARLEY: Senator
23 Gold. Senator Daly, will you yield?
5495
1 SENATOR DALY: Yes.
2 SENATOR GOLD: Senator, I just
3 want to understand one thing. They have the
4 choice of using something that is either
5 degradable or recyclable?
6 SENATOR DALY: Yes.
7 SENATOR GOLD: Will you yield to
8 one other question?
9 SENATOR DALY: Certainly.
10 SENATOR GOLD: Supposing,
11 Senator, that they use something that is
12 recyclable, but somebody throws it in the
13 garbage can, and now it's part of the trash and
14 it's not degradable.
15 SENATOR DALY: Good question.
16 You got me stuck for a minute. We have the same
17 problem, Senator, in anything we do as far as
18 recycled and recyclable materials and,
19 basically, what we'll try to do with this,
20 again, have it taken out of the waste stream.
21 Now, the problem we have,
22 Senator, too is with what is supposedly photo
23 degradable and biodegradable is questionable
5496
1 also, because that is not recycled at any time
2 -- doesn't have to be -- and if you tell me how
3 long it will take for a certain product under
4 certain conditions to disappear, I would like to
5 hear it.
6 SENATOR GOLD: Is that a
7 question?
8 SENATOR DALY: Rhetorical.
9 SENATOR GOLD: An hour and a
10 half. Will the Senator yield for another
11 question?
12 ACTING PRESIDENT FARLEY: Senator
13 Daly, will you yield for another question?
14 SENATOR DALY: Yes.
15 SENATOR GOLD: Senator Daly,
16 first of all, I appreciate, and I know Senator
17 Leichter does, too, the frankness and the level
18 of the debate, because we are concerned.
19 Last year there were seventeen
20 people including at least one Republican who did
21 vote opposed, against this, and I know that
22 certainly one of the questions was the impact on
23 domestic breweries particularly in these
5497
1 economic times.
2 But, Senator, this is my
3 question. If you have items which are
4 recyclable and you have a program by which they
5 are recycled, you've got a chance.
6 SENATOR DALY: Yes.
7 SENATOR GOLD: So, for example,
8 if newspapers are collected separately, you got
9 a chance. Somebody may throw a newspaper with
10 other kinds of garbage and, therefore, we
11 haven't gained anything. If you have bottles
12 and we circulate and we recycle -- fine. My
13 question is, Senator, if they use something
14 that's "recyclable", but there is no mechanism
15 to recycle it and it just goes into the garbage,
16 then we haven't really done anything, because if
17 there is no program to take advantage of that,
18 then it really is not being recycled. Does
19 that make sense, Senator?
20 SENATOR DALY: That makes sense.
21 And I would submit, Mr. President, that more and
22 more communities are going to recycling
23 programs. It's growing and, as you know, at a
5498
1 rapid pace. And very frankly, to me, it seems
2 it would be better to take a material which can
3 be reused instead of material that has to go
4 back into the waste -- that will go back into
5 the waste stream, and we are encouraging
6 recycling, as you know that, throughout the
7 state. And this is another way of doing it.
8 SENATOR GOLD: Mr. President. On
9 the bill.
10 ACTING PRESIDENT FARLEY: On the
11 bill. Senator Gold.
12 SENATOR GOLD: I understand the
13 comments made by Senator Daly; and while I can't
14 raise my voice at you, Senator, and shout and
15 scream, I am a little bit concerned about the
16 legislation. I think that we're putting the
17 cart before the horse, Senator Daly. I think
18 that, really, solid waste disposal and
19 everything is very urgent. Recycling is a major
20 avenue to help society, but if we are not right
21 now, Senator, doing the recycling, it seems to
22 me that today we are better off with things that
23 are degradable. If, Senator, we have the
5499
1 recycling programs, then I certainly would agree
2 with you I'd rather have things recycled. But,
3 right now, I'm afraid the effect of the
4 legislation is going to be to cause some
5 consternation with the people who are our
6 brewers, Genesee Brewing, Rochester, F. X. Matt
7 Brewing Company, give them some agida, and take
8 a situation where we have no guarantees. Matter
9 of fact, it's stronger than that, Senator Daly.
10 Not only are there no guarantees as to the
11 recyclability of the program, but there is no
12 program at least none that's going to take these
13 items. And I can see people taking off the
14 plastic, not understanding that there is any
15 program and throwing it in the garbage so that
16 it is, I think, to some extent a step backwards.
17 So I assume on that little bit of
18 reasoning is why so many of us last year -- as I
19 said, seventeen of us did vote against it. Your
20 program is probably a good idea if we had the
21 second part in place, but without having the
22 second part in place, I think it's premature.
23 SENATOR DALY: Mr. President.
5500
1 ACTING PRESIDENT FARLEY: Senator
2 Daly.
3 SENATOR DALY: I would like to
4 make two points. First of all, as far as the
5 breweries, again, they will not -- they are not
6 impacted in any way, shape and form. They can
7 continue to use their present process, the
8 present material.
9 Don't ask me why they are opposed
10 to this bill. They must have a -- if they have
11 an agenda, I can't find it. So I want to cast
12 that aside. I think we should. But there is a
13 legitimate point that was raised by Senators
14 Leichter and Gold, and that is, will this
15 material really be recycled?
16 Well, there is one other point
17 that we must be aware of, and that is, the
18 question of photodegradability. There is a
19 problem in that you have products that are
20 classified as photodegradable that take a long,
21 long time before they dissolve or disappear, and
22 that you must consider when you compare that
23 product to the recycled product.
5501
1 And again Senator Gold is right.
2 We have to -- we have to increase the number of
3 products that we make and use that can be
4 recycled. This product can be recycled. And,
5 by the way, it's made -- the original product is
6 made of recycled materials. So you get it at
7 both ends.
8 And I submit I would rather deal
9 with a situation where I know that what the
10 effect of that product is going to be rather
11 than one such as the present material where we
12 have a real question as to how effective photo
13 degradability is.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll. )
21 ACTING PRESIDENT FARLEY: Senator
22 Leichter, why do you rise?
23 SENATOR LEICHTER: To explain my
5502
1 vote.
2 ACTING PRESIDENT FARLEY: Senator
3 Leichter to explain his vote.
4 SENATOR LEICHTER: I thought
5 Senator Daly was very persuasive, and he had me,
6 but Senator Gold was even more persuasive, and
7 so if I can flip-flop a little more, and maybe
8 if somebody else got up they'd make me change my
9 mind again.
10 But I think that Senator Gold
11 does make a good point. Without having really,
12 the recyclable system and structure in place,
13 this bill does have a problem. And aside from
14 the fact that it's a disadvantage of local
15 brewers, I think that it doesn't really help the
16 environment.
17 I'm going to vote in the
18 negative.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 794 are Senators
21 DeFrancisco, Espada, Galiber, Gold, Jones,
22 Leichter, Masiello, Mendez, Montgomery,
23 Ohrenstein, Onorato, Oppenheimer, Smith,
5503
1 Solomon, Stachowski and Stavisky. Ayes 40,
2 nays 16.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 971, by the Senate Committee on Rules, Senate
7 Bill Number 5709, re-opening of the optional
8 20-year retirement plan.
9 SENATOR GOLD: Hold on one
10 second.
11 SENATOR LACK: Mr. President.
12 ACTING PRESIDENT FARLEY:
13 Explanation, whoever's got it.
14 Senator Lack.
15 SENATOR LACK: Thank you, Mr.
16 President. This bill opens the optional 20-year
17 police retirement plan for one Jeffrey
18 Schondebare, a police officer on the village of
19 Huntington Bay Police Department, a
20 department that has a collective bargaining
21 agreement with its police officers. And
22 pursuant to Section 384 (d) of the retirement
23 plan, Officer Schondebare timely filed a
5504
1 notarized application within one year of his
2 employment to be part of the 384 (d) optional
3 20-year retirement plan. Through no fault of
4 his own, somehow that notarized application was
5 never received by the retirement system.
6 SENATOR GOLD: Last section.
7 SENATOR LACK: And the police and
8 fire retirement system, of course, has no
9 retroactive authority, and his only remedy
10 having filed a timely application, not being
11 received by the administration of the retirement
12 system, is to seek special legislation; hence,
13 Calendar 971.
14 SENATOR GOLD: Last section.
15 ACTING PRESIDENT FARLEY: There
16 is a home rule message at the desk.
17 Read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 53, nays 3,
5505
1 Senators Galiber, Gold and Leichter recorded in
2 the negative.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 104, by Senator Wright, Senate Bill Number
7 3810A, State Administrative Procedure Act.
8 SENATOR LEICHTER: Explanation.
9 ACTING PRESIDENT FARLEY:
10 Explanation.
11 Senator Wright.
12 SENATOR WRIGHT: The bill deals
13 with the cost estimates of rulemaking and has
14 been recalled and amended to conform with the
15 Assembly companion version.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 SENATOR LEICHTER: Mr. President.
19 ACTING PRESIDENT FARLEY: Hold
20 on.
21 Senator Leichter.
22 SENATOR LEICHTER: Mr.
23 President. If Senator Wright would be so good
5506
1 as to yield. As I understand this bill is that
2 where the agency in its EIS or its assessment
3 comes out with a project cost which differs from
4 cost estimates that were made in comments, it
5 must explain why it has not accepted the cost
6 estimate and the comments. Is that correct?
7 SENATOR WRIGHT: That's correct.
8 SENATOR LEICHTER: Senator, I
9 must tell you I have difficulty in seeing how
10 the bill would work or really seeing its neces
11 sity. One of the difficulties I have maybe that
12 you could comment on, you say that such assess
13 ment must be made where the comments provided a
14 figure which "differed significantly." What's
15 "differed significantly"?
16 SENATOR WRIGHT: Well, I think,
17 Senator, when one takes a look at a number of
18 the cost estimates that have been made
19 historically, there are significant differences
20 in those cost estimates, that they are widely
21 diverse or widely limited in terms of their
22 projected impacts, particularly from the
23 perspective of the regulated community.
5507
1 This affords them the opportunity
2 to be involved in that process, to offer their
3 methodology, to offer their approach to costing
4 it out and having the agency review and comment
5 on that.
6 SENATOR LEICHTER: But, Senator,
7 I'm sorry to say that you haven't dealt with -
8 what I'm having some trouble with among other
9 things is I don't know what's "differed
10 significantly." Suppose the agency comes out
11 and says it's going to cost a million dollars,
12 and somebody in local government says, "No, I
13 think it's going to cost $1,100,000." Is that
14 significant?
15 SENATOR WRIGHT: Well, Senator, I
16 think the difference that you are looking for is
17 in terms of the regulated -- at least the
18 difference I'm looking for is the significance
19 on the part of the regulated community and their
20 concern and they are advancing the cost
21 estimates that they want considered by the
22 agencies.
23 SENATOR LEICHTER: All right.
5508
1 Mr. President. Just briefly on the bill.
2 ACTING PRESIDENT FARLEY: Senator
3 Leichter, on the bill.
4 SENATOR LEICHTER: I hope I've
5 demonstrated at least one of the problems that I
6 see with this bill, is that it has an extremely
7 vague definition. It says, "differed
8 significantly." I don't know what that means.
9 Now, under this bill, the agency
10 in its assessment must deal specifically with
11 every comment that differs significantly,
12 whatever that is, with what the agency's own
13 assessment is. I think that's just such a loose
14 and vague guide that the result of this is going
15 to be, if anybody pays much attention to it,
16 that you are going to have more litigation.
17 The problems that I have with so
18 many of Senator Wright's proposals are that they
19 really instead of making the process easier make
20 it more cumbersome. One of the ways it makes it
21 more cumbersome is that, as I read this bill,
22 even if you overcome this problem of what is a
23 significant difference -- is it $100,000? Is it
5509
1 $100? Is it $50? Is it $5 million? Is it 50
2 percent of the agency's assessment? Is it 5
3 percent? Do you look at it in terms of actual
4 dollars or percentages and so on? None of that
5 is really dealt with. But even if you overcome
6 that particular obstacle, you are going to
7 require such extremely lengthy and burdensome
8 assessments. Somebody may come in and say this
9 is going to cost $100 million. The agency says
10 absurd; it's going to cost a million. Somebody
11 else says 50 million.
12 Under this bill, the agency is
13 going to have to respond to each one of these.
14 As it is, the assessment must already provide
15 some basis for what the agency determines to be
16 the cost. So why say that they've got to also
17 specifically respond to everyone who differs?
18 You are just making it more cumbersome.
19 I don't know what you achieve. I
20 know that you know what you intend to achieve.
21 And I know it's a good faith effort to -- as you
22 think, to make the regulatory system simpler and
23 less onerous. I think the effect, very often, is
5510
1 just the opposite.
2 And I think that in some respects
3 there is a gentle hostility to regulation
4 itself. You would like to have a simpler,
5 easier world as maybe it existed in our parents'
6 days or even in our early days, but we need
7 regulation, Senator. We ought to see that they
8 are fairly done, intelligently done, but you
9 don't further that process of getting good
10 regulations or even limiting regulations by just
11 adding on, adding on, adding on, what needs to
12 be dealt with in assessments. And that's what,
13 among other things, this bill does besides
14 having rather loose definitions.
15 I'm going to vote in the
16 negative.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll. )
5511
1 THE SECRETARY: Ayes 56, nays
2 one, Senator Leichter recorded in the negative.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1069, by Senator Cook, Senate Bill Number 2275,
7 Real Property Tax Law.
8 SENATOR GOLD: Explanation.
9 ACTING PRESIDENT FARLEY:
10 Explanation has been asked for. Senator cook.
11 SENATOR COOK: Mr. President.
12 Probably the easiest way to explain this bill is
13 to compare it to the situation we have in the
14 city of New York and Nassau County.
15 SENATOR GOLD: Will the Senator
16 yield to one question?
17 SENATOR COOK: Yes.
18 ACTING PRESIDENT FARLEY: Senator
19 Cook, will you yield to a question from Senator
20 Gold?
21 SENATOR GOLD: Is this the same
22 bill as last year, Senator?
23 SENATOR COOK: Yes.
5512
1 SENATOR GOLD: -- where Senators
2 Babbush and Connor and Gold, Halperin and
3 Markowitz and Mendez and Montgomery and Nolan
4 and Ohrenstein and Onorato, Oppenheimer, Smith,
5 Solomon, Stavisky, Waldon, Goodman, Mega,
6 Padavan and Velella voted against it?
7 SENATOR COOK: Yes.
8 SENATOR GOLD: Last section.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Those recorded in
17 the negative on Calendar Number 1069 are
18 Senators Connor, Espada, Gold, Gonzalez,
19 Goodman, Leichter, Mega, Mendez, Montgomery,
20 Ohrenstein, Onorato, Santiago, Smith, Solomon,
21 Stavisky, Velella and Waldon. Ayes 40, nays
22 17.
23 ACTING PRESIDENT FARLEY: The
5513
1 bill is passed. Senator Oppenheimer also.
2 THE SECRETARY: Also Senator
3 Oppenheimer recorded in the negative.
4 Calendar Number 1088, by Senator
5 Stafford, Senate Bill Number 4853, Environmental
6 Conservation Law.
7 SENATOR GOLD: Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation. Senator Stafford.
10 SENATOR STAFFORD: Mr. President.
11 Mr. President. As far as having
12 the Division of Law Enforcement, the
13 Commissioner by regulation or by his own power
14 has set up the division with law enforcement,
15 but, frankly, it sets up law enforcement
16 agencies, in effect, in all of the various like
17 regions of the state. And what this bill would
18 do, would set up a Division of Law Enforcement.
19 It would be well thought -- it is well thought
20 out.
21 There would be a person in
22 charge, and you would know who is in charge here
23 in Albany. You would know who is in charge in
5514
1 each region, and it would go from there.
2 And we think this bill is a good
3 bill. It has passed a number of times, and I
4 suggest that it's a step in the right direction.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 Wait a minute. Senator
8 Leichter.
9 SENATOR LEICHTER: Yes. Just
10 briefly in opposition to the bill. This is
11 opposed by DEC.
12 I think the problem with the bill
13 is that we're dealing with the administration
14 within the agency and telling the agency, well,
15 you ought to be organized in this particular
16 way. I think this is a bit of micromanagement
17 by the Legislature.
18 The DEC has certain enforcement
19 powers, has determined how those powers ought to
20 be carried out. I don't know what you gain by
21 setting up this law enforcement division within
22 it, except that there may be some loss of
23 control by the Commissioner, by people that we
5515
1 want to hold responsible.
2 I think in some way what Senator
3 Stafford has in mind -- it isn't all that clear
4 -- but I think is sort of within each area you
5 would have your own law enforcement division,
6 and, in that way, maybe legislators or the
7 Legislature would have more control over the
8 enforcement within areas of concern to them.
9 I don't think that's really what
10 we ought to be about. I think we have an
11 agency. I think it has a responsibility of
12 enforcing the environmental law. It has a
13 structure which I think makes sense. In any
14 event, it's a structure that it's responsible
15 for.
16 And I can well see that the
17 Commissioner wants to maintain and retain the
18 maximum control, and he is going to be held
19 accountable. He is responsible for it. You
20 should not impose this sort of administrative
21 fiat upon the agency.
22 SENATOR STAFFORD: Mr. President.
23 ACTING PRESIDENT FARLEY: Senator
5516
1 Stafford.
2 SENATOR STAFFORD: I very seldom
3 stand up a second time, but I have to tell my
4 summer Senator -- and I use the word "tell"
5 advisedly -- I'm not talking about any of us
6 being involved in law enforcement where
7 professional decisions have to be made. I think
8 if you're alluding to something which would be
9 along that line which is not proper, I'm glad I
10 can correct any thought you have.
11 We are always saying this.
12 Obviously, the head of the law enforcement
13 division would be responsible to the
14 Commissioner just like the Superintendent of
15 State Police is responsible to the Governor, but
16 we would have a law enforcement division which
17 would be run professionally. We would know
18 exactly what the chain of command is. Council
19 82 supports it. We do think it's a step in the
20 right direction and, as I say, we've passed it a
21 number of times.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
5517
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 56, nays
7 one, Senator Leichter recorded in the negative.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 Senator Padavan.
11 SENATOR PADAVAN: Mr. President,
12 if I may by unanimous consent be recorded in the
13 negative on Calendar Number 1069.
14 ACTING PRESIDENT FARLEY: 1069,
15 Senator Padavan will be in the negative.
16 THE SECRETARY: Calendar Number
17 1107, by Senator Levy, Senate Bill Number 1313,
18 an act to amend the Penal Law.
19 SENATOR PRESENT: Lay it aside
20 temporarily.
21 ACTING PRESIDENT FARLEY: Lay
22 that bill aside temporarily.
23 THE SECRETARY: Calendar Number
5518
1 1126, by Senator Johnson, Senate Bill Number
2 4630, provide retirement credit to Anthony A.
3 Tafuri.
4 SENATOR LEICHTER: Explanation.
5 ACTING PRESIDENT FARLEY: Senator
6 Leichter wants an explanation.
7 Senator Johnson.
8 SENATOR JOHNSON: Mr. President.
9 This bill provides that Anthony Tafuri can buy
10 back in the pension system the years that he
11 served as a village justice in one of the
12 villages on Long Island, and he is going to pay
13 the amount involved here, $24,000. There is no
14 -- let me see. There's a -- I don't think this
15 required a home rule message, did it, Mr.
16 President?
17 ACTING PRESIDENT FARLEY: You've
18 got one here at the desk.
19 SENATOR JOHNSON: You got one.
20 Okay. I have a home rule message. So there is
21 no objection to this bill. He is going to pay
22 the full cost, and it's introduced at his
23 request.
5519
1 SENATOR LEICHTER: Read the last
2 section.
3 ACTING PRESIDENT FARLEY: You can
4 read the last section of the bill.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 55, nays 2,
11 Senators Gold and Leichter recorded in the
12 negative.
13 ACTING PRESIDENT FARLEY: I think
14 I did say there was a home rule message here at
15 the desk prior to reading it. The bill is
16 passed.
17 1127.
18 THE SECRETARY: Calendar Number
19 1127, by Senator Levy.
20 SENATOR PRESENT: Lay it aside
21 temporarily.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside temporarily.
5520
1 THE SECRETARY: Calendar Number
2 1137, by Senator Saland, Senate Bill Number
3 5499A, an act to amend the Social Services Law.
4 SENATOR PRESENT: Lay it aside.
5 ACTING PRESIDENT FARLEY: Lay it
6 aside.
7 SENATOR PRESENT: For the day.
8 ACTING PRESIDENT FARLEY: For the
9 day.
10 THE SECRETARY: Calendar Number
11 1150, by Senator Velella, Senate Bill Number
12 5832, an act to amend the insurance law.
13 SENATOR GOLD: Explanation.
14 ACTING PRESIDENT FARLEY:
15 Explanation has been asked for.
16 SENATOR PRESENT: Lay it aside
17 temporarily.
18 ACTING PRESIDENT FARLEY: Senator
19 Velella, an explanation has been asked for on
20 1150, Calendar 1150.
21 SENATOR VELELLA: Excuse me. I
22 just wanted to make sure I had the right bill
23 here.
5521
1 This bill is an omnibus approach
2 to medical malpractice issues that need to be
3 resolved by the Legislature this year.
4 First, it extends the
5 Superintendent's authority to set primary
6 medical malpractice rates, allows Medical
7 Malpractice Insurance Association to write
8 current policies as is the case with private
9 insurance currently, and puts the MMIA on a
10 tri-annual basis for examinations rather than
11 annual basis.
12 The bill also extends for one
13 year the excess medical malpractice insurance
14 program with several significant reforms.
15 First, the measure opens up the
16 excess program to allow the physicians the right
17 to choose and pick which excess medical
18 malpractice carrier they want. It is envisioned
19 that they will retain their primary insurer for
20 the purposes of excess coverage, although this
21 is not necessary.
22 The bill does not require a
23 private insurer who already insures, covers a
5522
1 physician to provide the excess coverage as
2 well.
3 The bill also removes the
4 exposure of physicians and dentists from
5 ultimate liability for shortfalls in the
6 hospital excess medical liability pool.
7 Instead, the ultimate liability lies with the
8 insurance companies that choose to engage in the
9 excess medical malpractice insurance market.
10 The bill has been given support
11 by the New York State Medical Society and the
12 New York State Trial Lawyers, and any time you
13 can get the two of them to agree to something,
14 you must be doing something right.
15 SENATOR SOLOMON: Thank you.
16 ACTING PRESIDENT FARLEY: Senator
17 Solomon.
18 SENATOR SOLOMON: Thank you, Mr.
19 President. This is the old PRI chest nut, just
20 a different version of it.
21 Mr. President. Will Senator
22 Velella yield, please?
23 SENATOR VELELLA: Yes.
5523
1 SENATOR SOLOMON: Senator, last
2 year, Chapter 277 of the Laws of 1992, didn't we
3 require the Superintendent of Insurance and the
4 Commissioner of Health to conduct a joint study
5 to determine whether it would be in the public
6 interest to permit additional insurers to offer
7 excess medical malpractice?
8 SENATOR VELELLA: Senator, I
9 remember we required them to conduct that
10 study. I don't know if the citation of the laws
11 is correct as to what chapter it is.
12 SENATOR SOLOMON: All right.
13 Thank you. In that study, which I have in front
14 of me, dated April 1, '93, the interesting
15 result is that in the case of opening the
16 program for new insurers, they basically
17 recommend that we continue the status quo, and
18 we do not open the excess liability program to
19 new insurers.
20 On the bill, Mr. President.
21 (Whereupon, Senator Mega was in
22 the chair. )
23 ACTING PRESIDENT MEGA: Senator
5524
1 Solomon on the bill.
2 SENATOR SOLOMON: If we set aside
3 -- the most interesting point on page 26 of the
4 report, and I urge everyone here in the
5 Legislature to listen to this: If we set aside
6 the interests of the insurers who are selling
7 and who desire to sell the excess coverage and
8 turn in instead to the parties who are most
9 affected by the sale of the excess coverage,
10 hospitals, physicians, patients and attorneys,
11 there was basically no interest in changing from
12 the present two-carrier system.
13 I think we've got a couple of
14 problems that this bill raises, including the
15 fact that there are some questions of what would
16 happen to the fund if some of these companies
17 couldn't pay and couldn't carry their costs,
18 whether or not there would be several policies
19 and the security fund would be liable for multi
20 millions of dollars because of the way the
21 policies were written.
22 There are a lot of other issues
23 and, frankly, this plays havoc with the excess
5525
1 liability system that our hospitals are
2 necessary to operate under. And what was not
3 mentioned was that the Hospital Association of
4 New York is against this bill because it could
5 have a severe impact on what happened when we
6 tried to resolve the problem of excess liability
7 coverage.
8 Again, it's the same chestnut
9 that's come up before us for several years, with
10 a new twist to help a few small private insurers
11 get into business to take the cream off the top
12 and leave the hospitals and non-profit insurers
13 with the problems that would be resulted. Just
14 to help a few physicians and a few private
15 insurers and, in fact, this plays havoc with the
16 system and I recommend a no vote.
17 There's going to be a slow roll
18 call on this bill.
19 Thank you, Mr. President.
20 ACTING PRESIDENT MEGA: Any
21 further debate?
22 Senator Gold.
23 SENATOR GOLD: Yes. Before you
5526
1 have a slow roll call, Senator Solomon has made
2 some excellent points, and that's why we had
3 twenty-three people last year against it
4 including some distinguished members on the
5 other side of the aisle.
6 I don't have to remind
7 everybody. I even see some predecessors of
8 current people who also thought this was a
9 terrible idea, so why don't we just have a slow
10 roll call and get the misery over with.
11 ACTING PRESIDENT MEGA: Slow roll
12 call requested. Ring the bell. Get the members
13 into the house. Call the roll.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 Senator Babbush.
17 (There was no response. )
18 Senator Bruno.
19 (There was no response. )
20 ACTING PRESIDENT MEGA: Is the
21 sergeant-at-arms present? Sergeant-at-arms have
22 the members in the chamber. Ring the bell.
23 Bring the members in so we can call the roll and
5527
1 take a vote.
2 THE SECRETARY: Senator Connor.
3 SENATOR CONNOR: No.
4 THE SECRETARY: Senator Cook.
5 SENATOR COOK: Yes.
6 THE SECRETARY: Senator Daly.
7 SENATOR DALY: No.
8 THE SECRETARY: Senator
9 DeFrancisco.
10 (There was no response. )
11 Senator Dollinger.
12 (There was no response. )
13 Senator Espada.
14 (There was no response. )
15 Senator Farley.
16 SENATOR FARLEY: Aye.
17 THE SECRETARY: Senator Galiber.
18 SENATOR GALIBER: (Indicating
19 no. )
20 THE SECRETARY: No. Senator
21 Gold.
22 SENATOR GOLD: No.
23 THE SECRETARY: Senator
5528
1 Gonzalez.
2 (There was no response. )
3 Senator Goodman.
4 (There was no response. )
5 Senator Halperin.
6 (There was no response. )
7 Senator Hannon.
8 (There was no response. )
9 Senator Hoffmann.
10 (There was no response. )
11 Senator Holland.
12 (Senator Holland nods head.)
13 THE SECRETARY: Yes? Yes.
14 Senator Johnson.
15 SENATOR JOHNSON: Aye.
16 THE SECRETARY: Senator Jones.
17 SENATOR JONES: No.
18 THE SECRETARY: Senator Kuhl.
19 SENATOR KUHL: Aye.
20 THE SECRETARY: Senator Lack.
21 (There was no response. )
22 Senator Larkin.
23 SENATOR LARKIN: Aye.
5529
1 THE SECRETARY: Senator LaValle.
2 SENATOR LAVALLE: Aye.
3 THE SECRETARY: Senator
4 Leichter.
5 SENATOR LEICHTER: Yes.
6 THE SECRETARY: Senator Levy.
7 (There was no response. )
8 Senator Levy.
9 SENATOR LEVY: Aye.
10 THE SECRETARY: Senator Libous.
11 (There was no response. )
12 Senator Maltese.
13 (There was no response. )
14 Senator Marchi.
15 SENATOR MARCHI: Aye.
16 THE SECRETARY: Senator Marino.
17 (There was no audible response. )
18 THE SECRETARY: Aye.
19 Senator Markowitz.
20 (There was no response. )
21 Senator Masiello.
22 SENATOR MASIELLO: No. No.
23 THE SECRETARY: No. Senator
5530
1 Mega.
2 SENATOR MEGA: Yes.
3 THE SECRETARY: Senator Mendez.
4 SENATOR MENDEZ: No.
5 THE SECRETARY: Senator
6 Montgomery.
7 SENATOR MONTGOMERY: No.
8 THE SECRETARY: Senator Nolan.
9 (There was no response. )
10 Senator Nozzolio.
11 SENATOR NOZZOLIO: Aye.
12 THE SECRETARY: Senator
13 Ohrenstein.
14 (Negative indication. )
15 THE SECRETARY: No.
16 Senator Onorato.
17 SENATOR ONORATO: No.
18 THE SECRETARY: Senator
19 Oppenheimer.
20 SENATOR OPPENHEIMER: No.
21 THE SECRETARY: Senator Padavan.
22 SENATOR PADAVAN: Yes.
23 THE SECRETARY: Senator Pataki.
5531
1 SENATOR PATAKI: Yes.
2 THE SECRETARY: Senator
3 Paterson.
4 (There was no response. )
5 Senator Paterson excused.
6 Senator Present.
7 SENATOR PRESENT: Aye.
8 THE SECRETARY: Senator Saland.
9 SENATOR SALAND: Aye.
10 THE SECRETARY: Senator
11 Santiago.
12 (There was no response. )
13 Senator Sears.
14 SENATOR SEARS: Yes.
15 THE SECRETARY: Senator Seward.
16 SENATOR SEWARD: Yes.
17 THE SECRETARY: Senator Sheffer.
18 SENATOR SHEFFER: Yes.
19 THE SECRETARY: Senator Skelos.
20 SENATOR SKELOS: Like to ask
21 permission to abstain.
22 ACTING PRESIDENT MEGA: Without
23 objection, Senator Skelos abstains.
5532
1 THE SECRETARY: Senator Smith.
2 (There was no response. )
3 Senator Solomon.
4 SENATOR SOLOMON: No.
5 THE SECRETARY: Senator Spano.
6 SENATOR SPANO: Aye.
7 THE SECRETARY: Senator
8 Stachowski.
9 SENATOR STACHOWSKI: Nope.
10 THE SECRETARY: Senator
11 Stafford.
12 SENATOR STAFFORD: Aye.
13 THE SECRETARY: Senator
14 Stavisky.
15 SENATOR STAVISKY: No.
16 THE SECRETARY: Senator Trunzo.
17 (There was no response. )
18 Senator Tully.
19 SENATOR TULLY: Aye.
20 THE SECRETARY: Senator Velella.
21 SENATOR VELELLA: Mr. President,
22 to explain my vote.
23 ACTING PRESIDENT MEGA: Senator
5533
1 Velella to explain his vote.
2 SENATOR VELELLA: Mr. President,
3 during Senator Solomon's comments, he made al
4 lusion to the fact that the state Insurance
5 Department, the Superintendent and Commissioner
6 of Health had issued a report. I think, if you
7 read the report, you'll find that their
8 conclusion was that they ought to open this up;
9 however, the final conclusion that they stated,
10 while the facts support opening up the program,
11 they did not state that they would support that,
12 but reversed the whole argument that they made
13 and came up with the -
14 I certainly will suffer an
15 interruption.
16 ACTING PRESIDENT MEGA:
17 (Inaudible-microphone not turned on) Senator
18 Velella.
19 SENATOR VELELLA: For that
20 reason, I urge my colleagues to support the
21 bill.
22 ACTING PRESIDENT MEGA: Senator
23 Velella votes yes.
5534
1 Continue the roll call.
2 THE SECRETARY: Senator Volker.
3 SENATOR VOLKER: Yes.
4 THE SECRETARY: Senator Waldon.
5 SENATOR WALDON: Yes.
6 THE SECRETARY: Senator Wright.
7 SENATOR WRIGHT: Aye.
8 ACTING PRESIDENT MEGA: Call the
9 absentees.
10 THE SECRETARY: Senator Babbush
11 excused.
12 Senator Bruno.
13 SENATOR BRUNO: Yes.
14 THE SECRETARY: Senator
15 DeFrancisco.
16 SENATOR DeFRANCISCO: Yes.
17 THE SECRETARY: Senator
18 Dollinger.
19 (There was no response. )
20 Senator Espada.
21 (There was no response. )
22 Senator Gonzalez.
23 (There was no response. )
5535
1 Senator Goodman.
2 SENATOR GOODMAN: Yes.
3 THE SECRETARY: Senator
4 Halperin.
5 (There was no response. )
6 Senator Hoffmann.
7 SENATOR HOFFMANN: Yes.
8 THE SECRETARY: Senator Lack.
9 SENATOR LACK: Aye.
10 THE SECRETARY: Senator Libous.
11 SENATOR LIBOUS: Aye.
12 THE SECRETARY: Senator Maltese.
13 SENATOR MALTESE: Aye.
14 THE SECRETARY: Senator Markowitz
15 excused.
16 Senator Nolan.
17 (There was no response. )
18 Senator Santiago.
19 (There was no response. )
20 Senator Smith.
21 (Negative indication. )
22 THE SECRETARY: No.
23 Senator Trunzo.
5536
1 SENATOR TRUNZO: Yes.
2 ACTING PRESIDENT MEGA: Results.
3 THE SECRETARY: Ayes 36, nays
4 15.
5 ACTING PRESIDENT MEGA: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1165, by Senator Velella, Senate Bill Number
9 3126, an act to amend the Executive Law.
10 ACTING PRESIDENT MEGA: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEGA: Call the
15 roll.
16 (The Secretary called the roll. )
17 SENATOR LEICHTER: Wait a minute;
18 wait a minute.
19 ACTING PRESIDENT MEGA: Senator
20 Leichter, why do you rise?
21 SENATOR LEICHTER: I'd like to
22 have an explanation.
23 ACTING PRESIDENT MEGA: Withdraw
5537
1 the roll call, request an explanation.
2 SENATOR LEICHTER: Ask Senator
3 Velella to yield.
4 ACTING PRESIDENT MEGA: Senator
5 Velella, will you yield?
6 SENATOR VELELLA: What bill?
7 ACTING PRESIDENT MEGA: 1166.
8 Calendar Number 1165, Senator Velella, Senator
9 Leichter has requested that you yield. Do you
10 yield?
11 SENATOR VELELLA: Yes. I'm
12 sorry.
13 ACTING PRESIDENT MEGA: Senator
14 Leichter.
15 SENATOR LEICHTER: Senator, is
16 this the same bill that was passed last year
17 which would authorize police officers in the
18 city of New York, maybe in some other localities
19 too, to carry automatic weapons?
20 SENATOR VELELLA: Yes, Senator,
21 it's the same bill. It was passed here by
22 either unanimous vote or by one vote against
23 it.
5538
1 SENATOR LEICHTER: Senator, I
2 assure you, it was not unanimous. I think the
3 vote was 51 to three, I think it was Leichter,
4 Paterson and one other person against it, and
5 then Senator Galiber.
6 SENATOR VELELLA: I stand
7 corrected. It was 51 to 3. You're correct,
8 Senator.
9 SENATOR LEICHTER: Senator, let
10 me just ask you. It was my understanding that
11 after your bill passed the Senate and the
12 Assembly said that they might consider it and an
13 agreement was entered into between the police
14 department and the PBA and that I think it was a
15 thousand police officers were to be armed with 9
16 millimeter automatic guns, and there was to be a
17 test period; is that correct?
18 SENATOR VELELLA: Yes, Senator,
19 that's what they told us they would do.
20 SENATOR LEICHTER: O.K. Has that
21 agreement been carried out?
22 SENATOR VELELLA: No, Senator, it
23 has not.
5539
1 SENATOR LEICHTER: Do you know
2 why it has not?
3 SENATOR VELELLA: Well, Senator,
4 I have a letter from the police commissioner. I
5 asked him to give me an update on the status of
6 the pilot program and, based on his update, we
7 have 406 of those weapons that have been issued
8 since the time that the agreement was reached
9 that one thousand would be issued. 350 were put
10 in 75 police precincts; 20 were issued to
11 highway patrol units, 17 to task force units,
12 four to the street crime unit where they're most
13 needed, 11 to emergency service units and four
14 to mounted units.
15 SENATOR LEICHTER: All right.
16 So, as I understand what you have said -
17 SENATOR VELELLA: Comes to 406.
18 SENATOR LEICHTER: -- based on
19 the information you got from the police
20 commissioner, there has been an effort to carry
21 out that agreement and there is a test now under
22 way; is that correct?
23 SENATOR VELELLA: Well, Senator,
5540
1 you categorize it as an effort, I would
2 categorize it as less than a half-hearted
3 effort. There are 406 out there out of a
4 thousand that were promised; it's less than a
5 half-hearted effort.
6 SENATOR LEICHTER: And has there
7 been any report as to the results of giving
8 these police officers the 9 millimeter guns?
9 SENATOR VELELLA: No, Senator,
10 other than the fact that I have contended that I
11 can tell you that there have been no instances
12 reported of shootings that might have been the
13 result of altercations, just a no conclusion
14 drawn. They just have decided, just based on
15 this sampling of 406, that they are better or
16 they are worse, they're still evaluating it but
17 there has been no drastic example that these 406
18 guns have caused any problem at this point.
19 SENATOR LEICHTER: Mr. President,
20 on the bill, please.
21 ACTING PRESIDENT MEGA: Senator
22 Leichter on the bill.
23 SENATOR LEICHTER: At least we
5541
1 have one improvement over last year in that we
2 don't find the guns being brandished about this
3 chamber as we had last year. But the bill,
4 unfortunately, has not improved at all. I must
5 say in all my years here, I think this is one of
6 the worse bills that I've seen. Makes my list,
7 Senator, of 10, 15, 20 worst bills, and let me
8 tell you why.
9 SENATOR VELELLA: If I read the
10 last paragraph that might -- might just be of
11 importance to you. I don't want to mislead
12 you. Five police officers participating in this
13 project have been involved in five separate
14 shooting instances resulting in the discharge of
15 25 rounds. That's the total experience.
16 SENATOR LEICHTER: O.K. Thank
17 you. This is really an improper and unwarranted
18 interference by the Legislature into the police
19 department of the city of New York. As I look
20 around here, I don't see anybody who's a law
21 enforcement expert except possibly Senator
22 Volker, who did serve as a police officer.
23 SENATOR WALDON: Mr. President,
5542
1 Mr. President.
2 SENATOR LEICHTER: And -
3 ACTING PRESIDENT MEGA: Senator
4 Waldon.
5 SENATOR WALDON: Would the
6 Senator yield for a point of information?
7 SENATOR LEICHTER: Before I
8 yield, I want to correct what I said and, of
9 course, Senator Waldon who is a very
10 distinguished and important member of the New
11 York City Police Department.
12 ACTING PRESIDENT MEGA: Senator
13 Waldon, you've made your point, and we'll listen
14 to Senator Leichter.
15 SENATOR LEICHTER: And I'm glad I
16 was corrected.
17 ACTING PRESIDENT MEGA: Senator
18 Leichter.
19 SENATOR LEICHTER: But for this
20 Legislature to tell the police commissioner of
21 the city of New York or any other police
22 commissioner what armament police officers under
23 his jurisdiction and supervision are to use, I
5543
1 think, is a grave mistake. It's a raw
2 interference in the affairs of the city of New
3 York, a raw effort to micromanage the New York
4 City Police Department.
5 Let me just tell you what
6 happened in my district. I think it was in a -
7 in October or maybe November. There was a
8 hostage taking. There was an attempted robbery
9 or maybe a hold-up of a bank. The police came
10 upon the perpetrator, and he grabbed the
11 hostage. He took that hostage down the street,
12 it was at 95th Street and Riverside Drive. He
13 was pursued not only by the police officers, but
14 also some Transit Authority police officers,
15 that do now have permission to use 9 millimeter
16 guns. For some reason, and it's not quite sure
17 why, people started firing, and they were -
18 there was a discharge by the Transit Authority
19 police of maybe 30, 40 rounds of that -- of
20 their 9 millimeter guns. The hostage was killed
21 in that shoot-out.
22 There was no blame, by the way,
23 to be attributed to the police officers and I
5544
1 can not say that, if the Transit Authority
2 police didn't have the 9 millimeter guns, that
3 that hostage would not have been killed anyhow.
4 But the whole point is that, in the congested,
5 crowded conditions that pertain in New York, the
6 use of a 9 millimeter gun can be dangerous.
7 It's a rapid firing weapon. It also requires
8 special expertise in how to use that weapon and
9 the police commissioner -- and he's an excellent
10 police commissioner, and the previous police
11 commissioner was an excellent police
12 commissioner -- and they decided that they
13 thought it was unwise, although I believe the
14 previous police commissioner said, Let me have a
15 very controlled pilot program, and I believe the
16 9 millimeter guns were given to a few police
17 officers.
18 Last year, under the pressure of
19 this bill, the police commissioner decided that
20 he would expand that test program and, as
21 Senator Velella pointed out, indeed, there has
22 been expansion, although -- and I accept Senator
23 Velella's statement that there has not been the
5545
1 full involvement of the thousand police officers
2 that at least it was reported the police
3 department said that they would use for their
4 test program.
5 But there is a test program going
6 on to try to meet the concerns of legislators
7 such as Senator Velella and Senator Gold who
8 feel that police officers would be better armed
9 and would be better able to protect themselves
10 and carry out their duties if they had semi
11 automatic weapons.
12 That program or test has not been
13 completed. We certainly ought to get the
14 results of that before we proceed with this
15 bill. But I think, in any event, whatever the
16 test shows -- and I think it ought to be up to
17 the discretion and the sole discretion of the
18 police commissioner to say after that test, "I
19 think it makes sense" or "I think it doesn't
20 make sense."
21 We're dealing here with the
22 safety of people in the city of New York as well
23 as the safety of police officers, and I dare
5546
1 anybody here to say that Police Commissioner
2 Kelly is not as concerned about the safety of
3 the men and women in that police department as
4 anyone in this chamber, and he makes a
5 determination, what is best for the safety of
6 his officers. He makes the determination what
7 is best for the safety of the people of the city
8 of New York.
9 Certainly, we can understand some
10 of the concerns that he has raised and
11 Commissioner Brown before him, why it is unwise
12 in the city of New York, a densely populated
13 city where shoot-outs with semi-automatic
14 weapons could very readily lead to innocent
15 people being killed, to say, "I think it is not
16 wise to use it." He has also expressed concerns
17 about the training requirement and there have
18 been almost no instances, maybe one reported
19 instance, where a police officer, if he -- if he
20 had a 9 millimeter or some other semi-automatic
21 weapon might have been able to protect
22 themselves because he had run out of bullets and
23 the weapon that is presently being used requires
5547
1 reloading after discharge of a few bullets.
2 Really, we should not be doing
3 this. I think it would appear that this is sort
4 of a craven submission by this Legislature to
5 the dictates of the police union, and I dare say
6 that they are obviously concerned about their
7 men and women, but they don't have the greater
8 perspective that the police commissioner has.
9 You know, we talk about home rule and, of
10 course, there's many examples where we blithely
11 ignore it, but I don't know an instance as raw,
12 as blatant, as -- as direct as this, where this
13 Legislature and great as our capacity and our
14 ability may be to legislate on broad public
15 policy issues, we certainly do not have the
16 experience, the expertise, the responsibility or
17 the accountability to the people of New York
18 City to determine how they will best be
19 protected by their police officers and whether
20 that protection should include semi-automatic
21 weapons.
22 The mayor has said no, based on
23 what the police commissioner has determined,
5548
1 this Legislature has really no moral right -
2 you may have the right, but we have no moral
3 right to interfere in this fashion in this
4 decision.
5 ACTING PRESIDENT MEGA: Senator
6 Gold.
7 SENATOR GOLD: Thank you, Mr.
8 President.
9 It is not always comfortable to
10 disagree with my distinguished colleague from
11 Manhattan, but in this particular issue, I must
12 do it because I really believe that he is
13 wrong.
14 I understand his dealing with the
15 governmental philosophy, and that is fine, but
16 every one of us in this chamber deals with home
17 rule, the way they want to deal with it and
18 there are some days when we love home rule and
19 some days we stomp all over it.
20 I'm concerned about one issue,
21 and that is safety in the streets, and I happen
22 to believe that a safe cop makes safe streets.
23 You don't start by making safe streets by having
5549
1 police officers who are underarmed and who
2 themselves are in an unsafe position.
3 Now, this is unfortunately, to
4 some extent, Senator Leichter, a political
5 issue, but people make political issues. You
6 know, you said very, very well on a number of
7 occasions, Senator Leichter, that the print shop
8 of the Senate becomes a political issue, because
9 they won't open the books, et cetera, et
10 cetera. They did it, the issue goes.
11 Well, the mayor of the city of
12 New York, who I happen to think is terrific and
13 a wonderful gentleman, will not end this
14 political issue by getting the tests done, by
15 getting these guns. He doesn't believe in the
16 gun, and I respect his right to feel that way.
17 But, Senator, let me say
18 something. The police commissioner is appointed
19 by the mayor. He is a good police commissioner.
20 I'm glad they made Ray Kelly the police
21 commissioner. He's got to answer to his mayor.
22 I understand that. I've seen commissioner after
23 commissioner stand up for budgets they didn't
5550
1 believe in up here because they're loyal to
2 their Governor. I understand that.
3 Senator Leichter, the woman who
4 was killed as a hostage was not killed because
5 the bullet came from a 9 millimeter gun. There
6 were questions as to the whole incident, but it
7 wasn't because it was a 9 millimeter gun. It
8 was a gun that fired a bullet and, as everybody
9 knows, the minute the bullet leaves, it has no
10 mind.
11 Well, unfortunately, Senator
12 Leichter, the bullets that go spraying through
13 our streets from semi-automatic weapons are not
14 coming from police officers. They're coming
15 from hoodlums, from drug dealers, who drive
16 through our streets. They transact drug
17 transactions on the streets and then they -
18 they wildly go through and women and children in
19 apartments get killed, and it's not police
20 officers that are doing that, Senator Leichter.
21 Today, on the front page of
22 NEWSDAY is a photograph or picture, a rendering
23 of a so-called Tek-9 which is manufactured in
5551
1 Florida. This gun is one of those which I
2 haven't purchased, $180, and you have a gun that
3 can fire off 34 or more 9 millimeter shots
4 without reloading, and then in literally a
5 second or so, you reload it, and they're
6 shooting up the subways with that. They're
7 shooting up the streets with that. And you want
8 to send a police officer out in the street with
9 six rounds.
10 Well, you know, Senator, there
11 was at least one instance of a police -- of a
12 Queens police officer who was not killed,
13 Senator. He was executed, executed on the
14 streets of our city while he was reloading a
15 weapon. Well, I got to tell you, I don't
16 consider a police officer today as having a six
17 shooter. I consider that he has a five shooter
18 because a police officer has to be nuts to fire
19 that last shot and leave himself in a position
20 to be executed like that one officer.
21 Unfortunately, police officers
22 aren't nuts, but they're dedicated, and they're
23 out there, Senator, and when it comes to
5552
1 protecting the public, they are going to let go
2 of that sixth shot.
3 I held a hearing. I -- when I
4 first got involved in this issue. I didn't want
5 to run around like a cowboy on this issue. I
6 held a hearing, and the police department came
7 to that hearing and, hopefully, they were going
8 to answer all my questions, and then that would
9 be the end of the issue, and, Senator, we have
10 it on tape. I invite you to listen to it.
11 Their answers were embarrassing. Embarrassing.
12 It's dangerous; bullets can ricochet.
13 Senator, if there's one place it
14 can ricochet, it's in the subways of the city of
15 New York, more than out in the streets, and the
16 Transit Police Department has 9 millimeters. No
17 one's made an effort to take it away from them
18 and we don't read stories every day of -- of
19 passengers in a subway system being slaughtered
20 by ricocheting bullets all over the place. It
21 doesn't happen, and you go from one argument to
22 the other.
23 Senator Leichter, I was out at
5553
1 the police range one day after, I want you to
2 know, we took the vote last year, and I was
3 firing a 9 millimeter Smith & Wesson, and the
4 gun jammed and all of a sudden I got very
5 upset. Had I gotten sucked up into this issue
6 to the point of not understanding it? And the
7 State Police firearms instructor, with a little
8 grin on his face, said, "Senator, don't get
9 upset. I can see you're upset." He said,
10 "Nobody said that there shouldn't be training,"
11 and he took the gun away from me and he went
12 through the whole process, jammed the gun and
13 unjammed the gun in less than a second.
14 You want to know what's involved
15 in reloading a six-shooter .38 with speed
16 loading? You can't do it, Senator. So the
17 answer is, yes, it requires training. I'm not
18 suggesting we put anyone in the street without
19 training but, Senator Leichter, let me remind
20 you of something. We take people without giving
21 them mental examinations. We make them
22 soldiers, and we teach them how to use very
23 sophisticated weapons. These are police
5554
1 officers. We test them. They are, you can
2 imagine, as a general rule, a little better
3 educated. People have to learn to use and
4 respect a weapon.
5 But, Senator, I'm not doing this
6 for the police union or because there's a
7 policeman out there that wants to be more macho
8 than someone else. The bottom line is that
9 police officers themselves should be safe so
10 that they're in a position to protect us.
11 This is not a liberal issue.
12 It's not a conservative issue. It's an issue of
13 simply, I believe, Senator Leichter, common
14 sense, on what is best.
15 You make an argument which I
16 respect. Who is Manny Gold versus the mayor or
17 the police commissioner to know that respect?
18 But I'm urging upon you, Senator, that Manny
19 Gold is the same person that everybody else is
20 who, on every issue that we discuss, has to
21 become educated.
22 Who is any one of us to determine
23 these complicated solid waste programs and
5555
1 environmental programs? We are people who read
2 and educate ourselves and try to put ourselves
3 in such a position, and I -- and I submit to
4 this distinguished body that if we really
5 studied all ourselves, there is no reason -- in
6 one minute -- there is no reason to withhold it,
7 and the final argument I would give you on that
8 is that I don't know of one police department in
9 America which has gone to semi-automatic weapons
10 and went backwards.
11 There have been police depart
12 ments that had a Glock in, like the Glock, and
13 changed it or they changed something to a Glock,
14 but there is not one I know of that went
15 backwards. It's a weapon that's good enough for
16 the State Police in New York. It's good enough
17 for the F.B.I. It's good enough for the Transit
18 Authority, the Newark Police Department, et
19 cetera, et cetera, et cetera.
20 So I don't think I'm trouncing
21 home rule at all. I think this is something
22 that is -- that is -- that there is an urgency
23 about it, and I don't think that the mayor and
5556
1 the police commissioner have taken that urgency
2 to heart.
3 You want me to yield, Senator?
4 SENATOR LEICHTER: Yes.
5 ACTING PRESIDENT FARLEY: Yes.
6 Senator Gold, would you yield to a question?
7 SENATOR LEICHTER: Yes. You
8 asked a question, and you asked it
9 rhetorically. You said, who is Manny Gold? I
10 think he's a terrific legislator, and I
11 appreciate the obligation that we have in this
12 Legislature to educate ourselves on things that
13 we have jurisdiction or we try to act on. But
14 are you telling me that you read and educated
15 yourself to the point that you know as much as
16 Ray Kelly about police work, about what police
17 officers need for their safety, about what is
18 best for the public safety?
19 SENATOR GOLD: Senator, it's a
20 wonderful question, and I want everyone to
21 understand I didn't plant that question, O.K.?
22 SENATOR LEICHTER: O.K.
23 SENATOR GOLD: Senator, I don't
5557
1 know as much as Ray Kelly knows about the total
2 gamut of police work. I can tell you this,
3 though, on the one issue that I'm dealing with
4 today, on the use of 9 millimeter weapons versus
5 .38s in this situation, I think that I've done
6 a lot of home work and I wouldn't become -- I
7 wouldn't come here as an arrogant person to tell
8 you that I know as much about anything as Ray
9 Kelly. But on the issue that we're dealing
10 today, I think I've done my home work and I
11 think that it's in the best interests of the
12 people.
13 SENATOR LEICHTER: Well, Senator,
14 you didn't plant the question and, frankly, it
15 -- if you had planted it, you might have
16 answered it a little differently than.
17 SENATOR GOLD: No, I might have
18 answered it better.
19 SENATOR LEICHTER: It was obvious
20 you didn't plant the question in view of your
21 answer, but I'm sure you've read and you've
22 learned a lot, but with all due respect, as much
23 as I follow your lead on a lot of issues, when
5558
1 it comes to police work I'm going to look to Ray
2 Kelly.
3 But let me ask you, let me just
4 ask you this other question because I think you
5 said something, and I don't think you meant a
6 wrong inference.
7 ACTING PRESIDENT FARLEY: Would
8 you yield for another question?
9 SENATOR GOLD: Yes, right.
10 SENATOR LEICHTER: You said,
11 well, Ray Kelly works for the mayor and Lee
12 Brown works for the mayor, sort of implying that
13 this is a mayoral decision, and that the
14 position of Ray Kelly or Lee Brown before him
15 was not a genuine, sincere, independent position
16 on their part but imposed by the mayor. Is that
17 what you were trying to say?
18 SENATOR GOLD: I'll say this to
19 you, Senator. I would not be presumptuous
20 enough to tell you that I can read anybody's
21 mind. I have the impression -- I have the
22 impression that the mayor of the city of New
23 York does not believe, and that -- and sincerely
5559
1 does not believe that the weapon is in the best
2 interests of the City, whether it's for whatever
3 reasons, and I don't have to go into his
4 reasons.
5 I think that, if that is his
6 conclusion, as he believes that it could be a
7 political problem for him or whatever, they
8 might have conversations with his commission
9 ers. I think that that is a reality of
10 government. I will tell you that I've served
11 here under Republican governors and Democratic
12 governors. I'm not ashamed to tell you,
13 Senator, that I believe that there have been
14 Democratic commissioners who have come before
15 the Finance Committee and supported a Democratic
16 governor on budgets that perhaps the
17 commissioner didn't agree with every part of,
18 but the commissioner as part of a team supports
19 his budget to the Bureau of the Budget. They
20 come back and tell him how to amend it. He
21 amends it, and now he or she as a commissioner
22 have to defend a budget that they may totally
23 not agree with.
5560
1 I believe that the police
2 commissioner of the city of New York is well
3 aware that he works for a mayor, and I don't
4 think that he wants to create a problem with his
5 mayor, and this is an issue which may or may not
6 have political implications. I'm sorry it's
7 gotten to that point. I really do. I don't
8 think that this would hurt the mayor of the city
9 of New York at all. I'm sorry it's come to this
10 point. I'm telling you that as someone who
11 supports the mayor for reelection. It does not
12 mean I have to agree with him on every issue and
13 there's going to be a couple issues this year
14 where I do not agree with him. Do I think he is
15 a far better choice for the people than the
16 unannounced Republican candidate? Of course,
17 but that doesn't mean I have to buy his position
18 on every issue.
19 SENATOR LEICHTER: Senator.
20 SENATOR WALDON: Mr. President.
21 ACTING PRESIDENT FARLEY: Senator
22 Waldon, why do you rise?
23 SENATOR WALDON: I'm not sure
5561
1 procedurally I'm correct, but would Senator
2 Leichter -- could Senator Leichter, even though
3 Senator Gold has the floor, yield for a
4 question?
5 SENATOR GOLD: Procedurally.
6 SENATOR LEICHTER: I'm not going
7 to yield at this time, because I'm asking
8 questions of Senator Gold.
9 ACTING PRESIDENT FARLEY: Well,
10 Senator Gold has the floor. I think you were
11 asking him some questions.
12 SENATOR LEICHTER: And I'd like
13 to continue.
14 SENATOR WALDON: Yes, Mr.
15 President, and I -
16 ACTING PRESIDENT FARLEY: Hold on
17 just a minute. Senator Gold, do you wish to
18 yield to Senator Waldon?
19 SENATOR GOLD: I would like to do
20 anything that makes everyone comfortable.
21 SENATOR WALDON: Thank you very
22 much, Mr. President. I would like -
23 ACTING PRESIDENT FARLEY: Just a
5562
1 minute.
2 SENATOR LEICHTER: Mr.
3 President.
4 SENATOR GALIBER: Point of order,
5 Mr. President. Is that a yes or no?
6 ACTING PRESIDENT FARLEY: I
7 thought Senator Gold was ready to yield to
8 Senator Waldon. Senator Gold has the floor.
9 SENATOR GOLD: Yes, Mr.
10 President, if I may, everybody wants to be
11 polite and -
12 ACTING PRESIDENT FARLEY: That's
13 what we want to do.
14 SENATOR GOLD: Senator Leichter
15 wanted to ask me some questions, and I think if
16 he wants to continue, I think my hands are tied
17 to that extent.
18 SENATOR LEICHTER: Thank you,
19 Senator Gold, and we're right in the middle of
20 this. Senator, I've talked to Lee Brown about
21 this issue. I've not talked to Commissioner
22 Kelly, and there is no question in my mind that
23 Commissioner Lee Brown sincerely, genuinely,
5563
1 even passionately believed independently of what
2 the mayor believed, that it was a mistake to arm
3 police officers with 9 millimeter guns, with
4 semi-automatic weapons. He had a lot of doubts
5 and questions about it.
6 Now, if you have any other
7 information which -
8 ACTING PRESIDENT FARLEY: Will
9 you yield?
10 Senator Leichter.
11 SENATOR LEICHTER: Yes.
12 SENATOR VELELLA: Would you
13 yield?
14 SENATOR LEICHTER: You know.
15 ACTING PRESIDENT FARLEY: Senator
16 Leichter.
17 SENATOR LEICHTER: With all due
18 respect, Mr. President, I think we -- I think we
19 do have some procedures here.
20 ACTING PRESIDENT FARLEY: Yes.
21 Senator Gold has the floor, and you're in the
22 midst of asking a question.
23 SENATOR GOLD: Yes, I think so.
5564
1 SENATOR LEICHTER: The question
2 was, it was clear to me -
3 SENATOR GOLD: I understand.
4 SENATOR LEICHTER: -- that
5 Commissioner Brown genuinely believed this. I
6 think there is no question in my mind that
7 Commissioner Kelly genuinely and sincerely
8 believes that, at least the test program or the
9 pilot program, ought to continue, that this is
10 interference in his jurisdiction.
11 Now, I'd like Senator Gold to
12 tell us, because you seem to continue to imply,
13 well, it's not really a genuine or sincere
14 position. Can you give us any factual
15 information, Senator, outside of the speculation
16 which would lead you to say or infer that this
17 is not a genuinely held position by the
18 authorities in this field; that is, the police
19 commissioners of the city of New York?
20 SENATOR GOLD: Yeah. Senator.
21 ACTING PRESIDENT FARLEY: Senator
22 Gold.
23 SENATOR GOLD: Yeah, I believe
5565
1 that Lee Brown did not like the 9 millimeter
2 gun, independent of the mayor. I do believe
3 that. I also understand that Lee Brown came
4 from a police department where the 9 millimeter
5 gun was brought in and he may even have opposed
6 it when it came in, and it came in -- Senator
7 Waldon may have a better answer. I don't know
8 whether he wanted it or not, but the point is it
9 went in, and it was successful.
10 As far as Commissioner Kelly is
11 concerned, I can not tell you that Commissioner
12 Kelly believes anything other than he says
13 because that would be an injustice to the man.
14 It is not for Manny Gold to say that Ray Kelly
15 doesn't tell the truth. I wouldn't do that. I
16 -- I can have my own feelings, Senator
17 Leichter, but I -- you're asking me to go past a
18 line which I don't want to go.
19 SENATOR LEICHTER: Thank you.
20 ACTING PRESIDENT FARLEY: Senator
21 Gold, you have the floor.
22 SENATOR STACHOWSKI: Senator Gold
23 yield for a question?
5566
1 ACTING PRESIDENT FARLEY: Senator
2 Stachowski asks if you will yield for a
3 question.
4 SENATOR STACHOWSKI: Are there
5 members of the New York City Police Department
6 who have 9 millimeter weapons now?
7 SENATOR GOLD: Well, I understand
8 there are some, such as bodyguards to the mayor
9 and bodyguards to the police commissioner and
10 some other people. Also part of the test
11 program was to give them to sergeants, and I
12 must tell you, if you talk to the average cop on
13 the beat, they will -- not for quoting, but
14 they'll look at you and laugh, but they'll tell
15 you the last guy at the scene of the crime is
16 the sergeant. What does he need the gun for?
17 If you want to put a test program
18 out, you give it to the guy that's stuck out on
19 the street when, unfortunately, that incident
20 arises.
21 ACTING PRESIDENT FARLEY: Senator
22 Waldon, did you have a question for Senator
23 Gold.
5567
1 SENATOR WALDON: Thank you very
2 much. I would just like to briefly speak on the
3 bill.
4 Senator, I do not believe that
5 anyone as astute as those who have come through
6 the political morass and emerged as Senators
7 would really, in their heart of hearts, believe
8 that a police commissioner would not be
9 sensitive to the guy who appointed him, in this
10 instance to a 110-plus thousand dollar job,
11 perhaps the most prestigious police job in the
12 nation, and I don't think it is necessary for
13 the mayor to say absolutely, unequivocally,
14 directly that "I oppose the Glock." He may hint
15 at it, or he may allow the report that was
16 generated by those who are subordinate to him to
17 be shared with the police commissioner, and
18 that's how that deal goes down.
19 But the Glock was in the Houston
20 Police Department and Police Commissioner Lee
21 Patrick Brown did not oppose it there. It was
22 in the Atlanta Police Department. He did not
23 oppose it there, and I happen to believe from
5568
1 all of the contacts I have with the National
2 Organization of Black Law Enforcement Executives
3 -- I'm a founding member of the Guardians, all
4 the black cops in this state -- that Lee Patrick
5 Brown is as astute a political animal as is Al
6 Waldon, and I think that Ray Kelly is also a
7 consummate astute political animal, so I
8 disagree with the argument that you presented to
9 us, Senator Leichter, but I can tell you from
10 the perspective of the guys that I see at the
11 meetings and the cocktail parties and the
12 barbecue, black and white, that they feel very
13 much underarmed when they have to go into a
14 parade with a six-shot revolver of any nature,
15 speed loader or otherwise, and that we do them a
16 disservice to force them to carry that weapon,
17 and this is the police commissioner's decision
18 independent of the mayor.
19 It is the wrong decision and,
20 therefore, we as the ultimate conscience of
21 the state have a right to correct his
22 wrong.
23 So I support this bill. I
5569
1 especially support the one following it, and I
2 would encourage all of us to recognize that we
3 can not have safe streets and safe cities unless
4 the police officers who are the front line of
5 defense feel safe in carrying out their duties.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 55, nays 2,
14 Senators Galiber and Leichter recorded in the
15 negative.
16 ACTING PRESIDENT FARLEY: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1166, by Senator Velella, Senate Bill Number
20 3188, an act to amend the Executive Law.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
5570
1 act shall take effect immediately.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 SENATOR LEICHTER: Mr. President,
5 if I could just briefly explain my vote. This
6 is really the same as the last bill except it
7 applies to the New York City Housing Authority.
8 I guess you could make an argument that it's
9 even worse to have it for the Housing Authority
10 although I heard Senator Waldon who speaks very
11 passionately on this, and I have great respect
12 for him as a Senator and he was an outstanding
13 police officer and brings a lot more experience
14 to this than I do.
15 But I could certainly understand
16 why Housing Authority police who patrol in
17 corridors, in buildings or elevators and so on,
18 why their supervising officer would say, "I
19 don't want them to have a semi-automatic
20 weapon."
21 I say again, and I plead with you
22 that, while I may find logic in what Senator
23 Velella and Senator Gold and Senator Waldon
5571
1 said, we are not the police commissioner of the
2 city of New York. We're not the mayor of the
3 city of New York. You can disagree with the
4 mayor as I do on a number of issues, but that
5 doesn't mean that we have the right to go in and
6 meddle in the affairs of the city of New York.
7 And to speak, Senator Waldon,
8 that we are the ultimate conscience, well, you
9 carry that to the point where we can do anything
10 in this state, interfere in any locality,
11 goodbye to home rule. And Senator Gold, and
12 he's always candid and he's always honest, he's
13 always said, home rule, you know, if it serves
14 your argument you're in favor of home rule, if
15 it doesn't, you know, you forget about it.
16 That's, of course, what's happening here, but I
17 think it's important that we do recognize that
18 we do have local elected officials. They bear
19 responsibility; they're held accountable. They
20 appoint people to positions of responsibility
21 and, even if we were right on the issue, and I
22 don't know whether we are or are not, but my
23 point is that this is rank, blatant, wrongful
5572
1 interference.
2 Mr. President, I vote in the
3 negative.
4 ACTING PRESIDENT FARLEY:
5 Results. Call the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 55, nays 2,
8 Senators Galiber and Leichter recorded in the
9 negative.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 call up 1107, please.
15 ACTING PRESIDENT FARLEY: 1107,
16 is that right?
17 THE SECRETARY: Calendar Number
18 1107, by Senator Levy, Senate Bill Number 1313,
19 an act to amend the Penal Law.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5573
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Those recorded in
5 the negative -- those recorded in the negative
6 on Calendar Number 1107 are Senators DeFrancis
7 co, Galiber, Gold, Leichter, Montgomery, Mendez
8 and Saland. Ayes 50, nays 7.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 Senator Galiber.
12 SENATOR GALIBER: Yes. Mr.
13 President, can I have unanimous consent to be
14 recorded in the negative on Calendar Number
15 1126?
16 ACTING PRESIDENT FARLEY: 1126,
17 Senator Galiber will be in the negative.
18 Senator Present.
19 SENATOR PRESENT: Mr. President,
20 can we call up 1127, please?
21 ACTING PRESIDENT FARLEY: 1127.
22 THE SECRETARY: Calendar Number
23 1127, by Senator Levy, Senate Bill Number 4684,
5574
1 an act in relation to affording retirement
2 credit to certain employees of the village of
3 Massapequa Park.
4 ACTING PRESIDENT FARLEY: There's
5 a home rule message here at the desk. You can
6 read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 54, nays 3,
13 Senators Galiber, Gold and Leichter recorded in
14 the negative.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1182, by Senator Hannon, Senate Bill Number
19 5017, to allow Douglas Robins, an employee of
20 the Union Free School District Number 5 in
21 Levittown to transfer certain service credits.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
5575
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 54, nays 3,
7 Senators Galiber, Gold and Leichter recorded in
8 the negative.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1185, by Senator Masiello.
13 SENATOR GOLD: Lay aside,
14 please.
15 ACTING PRESIDENT FARLEY: Lay
16 that bill aside.
17 SENATOR MASIELLO: Yes.
18 THE SECRETARY: Calendar Number
19 1195, by Senator Stafford, Senate Bill Number
20 443, Environmental Conservation Law.
21 ACTING PRESIDENT FARLEY: Read
22 the last section.
23 THE SECRETARY: Section 2. This
5576
1 act shall take effect immediately.
2 SENATOR GOLD: Yeah.
3 ACTING PRESIDENT MEGA: Senator
4 Gold.
5 SENATOR GOLD: Yeah, I understand
6 we've had some debates on these, but Senator
7 Connor and myself and Senator Halperin,
8 Leichter, Masiello and Mendez, Montgomery,
9 Ohrenstein, Onorato, Oppenheimer, Solomon,
10 Stachowski, Weinstein, Senator Daly, Senator
11 Sheffer have voted against this in the past.
12 The DEC is strongly opposed.
13 Last section.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 1195 are Senat
19 ors Connor, Espada, Galiber, Gold, Leichter,
20 Masiello, Mendez, Montgomery, Ohrenstein,
21 Onorato, Oppenheimer, Pataki, Sheffer, Solomon,
22 and Stachowski. Ayes 42, nays -
23 ACTING PRESIDENT FARLEY:
5577
1 Present.
2 THE SECRETARY: Also Senator
3 Present. Ayes -- ayes 41, nays 16.
4 ACTING PRESIDENT FARLEY: That
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1206, by Senator Nozzolio, Senate Bill Number
8 4154, an act to amend the Social Services Law.
9 SENATOR GOLD: Yeah, Senator
10 yield for a question?
11 ACTING PRESIDENT FARLEY: Senator
12 Nozzolio, would you yield to a question from
13 Senator Gold?
14 SENATOR NOZZOLIO: Mr. President,
15 would you star the bill.
16 ACTING PRESIDENT FARLEY: Star
17 the bill.
18 THE SECRETARY: Calendar Number
19 1208, by Senator Johnson, Senate Bill Number
20 4375-A, to allow Paul D'Aversa to file a request
21 for retroactive service credit.
22 SENATOR GOLD: Explanation.
23 ACTING PRESIDENT FARLEY:
5578
1 Explanation has been asked for.
2 Senator Johnson.
3 SENATOR JOHNSON: Mr. President,
4 this bill provides that the individual named,
5 formerly a New York City police officer who was
6 laid off in 1975, who secured employment in 1977
7 as a Suffolk County police officer, be eligible
8 to buy those two years of service in the -- in
9 the retirement system.
10 I might remind you that in 1982,
11 a bill was passed saying others who worked for
12 New York City who had been laid off, but secured
13 other City employment prior to 1982, could buy
14 those years back or the time back that they were
15 out of the system, so this is merely equitable
16 for him.
17 The county has sent a home rule
18 message, and Mr. D'Aversa has agreed to pay the
19 $49,000 that would have been contributed plus
20 the earnings during the period he was
21 unemployed. Seems like he's put in an awful lot
22 of his own money into it and it seems equitable
23 and fair we should pass this bill.
5579
1 ACTING PRESIDENT FARLEY: Senator
2 Gold.
3 SENATOR GOLD: Yeah. Mr.
4 President, I'll just make my comments since
5 Senator Johnson and I have already discussed
6 this.
7 This, I think, is even a
8 different situation than some of the other bills
9 that we've had. We have had bills where Jane
10 Roe, through no fault of her own, filed papers
11 and three cats at the county office ate them up
12 and we never find them again, but it was no
13 fault of her own.
14 This is a situation where a
15 gentleman, through no fault of his own, was laid
16 off. He worked some place else for two years or
17 got unemployment or whatever and then he went
18 back to work. Now, we're being asked to give
19 him retirement benefits not only counting years
20 that he worked, but years that he didn't work.
21 I mean this is incredible. As I said to Senator
22 Johnson, the next thing we will see -- I mean I
23 know that there is at least one member on your
5580
1 side; I don't want to embarrass the gentleman by
2 mentioning his name, who wanted to be the
3 governor for four years. We should give him a
4 pension based upon what the governor's salary is
5 because it's through no fault of his own that he
6 didn't work as governor.
7 I mean the logic here is crazy.
8 We're now giving pension credit for years that
9 people didn't work? Now, I'm sorry he was laid
10 off, and we all understand that, but to start
11 counting years in the pension system when
12 somebody didn't work, is really a big stretch.
13 Now, Senator Johnson says that
14 this gentleman has got to put in something like
15 49,000 of his own money or whatever. I assume
16 that the individual having been a police officer
17 is not stupid. He's putting in 49,000 because
18 he'll get out a half a million or whatever. I
19 mean I don't know what the numbers are; I really
20 don't. I remember last year we had a bill where
21 somebody was offering to put in around 80,000
22 and when we came up with the numbers, that
23 80,000 was worth about a million. I mean these
5581
1 people aren't stupid.
2 I don't -- I don't blame the guy
3 for -- for wanting the credit and I don't blame
4 him for putting up the 49,000, but I mean it is
5 really silly. We are getting involved in
6 situations which make us the laughing stock. We
7 are not -- we have no right to be giving these
8 kind of gifts.
9 Senator Trunzo, I come in here
10 every day waiting for your report that we're
11 going to get some satisfaction in the Assembly.
12 I don't know, maybe the Assembly is right and
13 our bill is no good or maybe you're not fighting
14 hard enough, but this process really ought to
15 stop. It gets worse and worse and worse.
16 We have a member of this house
17 who has developed a new bill that yesterday,
18 thankfully, in the middle of the debate was
19 withdrawn, but I know people are going to be
20 trying to get that bill going, and I'm telling
21 you that's going to be next year's flood of
22 private bills and private legislation, and I
23 think we really ought to have to do something
5582
1 about it.
2 ACTING PRESIDENT FARLEY: Senator
3 Padavan.
4 SENATOR PADAVAN: Senator Gold,
5 I'd just like to remind you that back in the
6 mid-'70s there were literally a thousand more
7 police, fire and sanitation workers who were
8 laid off in the city of New York during the
9 fiscal crisis. After that crisis abated, I
10 forget the specific time frame, year or whatever
11 it was, we passed legislation in this house and
12 I'm sure you supported it, that allowed those
13 members of those City agencies to buy back their
14 lost credit time. So that precedent has been
15 set. We did it in the city of New York and, if
16 I understand this situation correctly, this
17 individual was laid off through no fault of his
18 own either. How many others, I don't know, but
19 certainly we can not say with all good
20 conscience that this particular consideration
21 has not been provided to other similarly laid
22 off individuals.
23 SENATOR GOLD: Mr. President.
5583
1 ACTING PRESIDENT FARLEY: Who was
2 asking? Senator Gold?
3 SENATOR GOLD: Yes. I would just
4 like to respond. I appreciate Senator Padavan's
5 comments and the sincerity of those comments.
6 But, Senator, if we have had situations and we
7 have in bulk, through the municipalities, the
8 bargaining system and whatever, taken care of
9 them, that's one thing.
10 I don't think that's a precedent
11 for private bills. I think the process of
12 private bills is a bad process. If there was a
13 bill, general bill, Senator Padavan, that said
14 that if people get laid off by municipalities or
15 by the state for short periods of time and they
16 come back, and we should allow them to buy back,
17 if that's going to be the state policy, then
18 that's something the Legislature can do on a
19 policy basis.
20 That's different than picking and
21 choosing and have individuals who get these
22 benefits. I think that process is a bad
23 process.
5584
1 SENATOR JOHNSON: Mr. President,
2 I'd just like to expound for a moment -
3 ACTING PRESIDENT FARLEY: Senator
4 Johnson.
5 SENATOR JOHNSON: -- on this. I
6 think Senator Gold is making a point that has
7 some validity, but I don't see the fairness,
8 quite frankly, that if he had been called back
9 by the city of New York, he would have been able
10 to buy back those two years, but because he
11 didn't get called back by the City and chose to
12 be employed as a police officer by Suffolk
13 County, he's not allowed to buy back those two
14 years. Something is inequitable about that, and
15 I'd say, Senator, and I'd say a similar bill to
16 this was signed into law two years ago for
17 similar situations. I think it's equitable. He
18 would have gone back to the City if they called
19 him back; he didn't get called back. He got
20 work in another department. He's buying back
21 the time that would have been allowed if the
22 City had called him back, and I don't feel that
23 this is special legislation. This is a career
5585
1 police officer who wants to be in the same
2 status he would have been if he hadn't been laid
3 off or, indeed, if he had been called back by
4 the City.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: Call
10 the roll.
11 (The Secretary called the roll. )
12 ACTING PRESIDENT FARLEY: There
13 is a home rule message with this legislation.
14 THE SECRETARY: Ayes 54, nays 3,
15 Senators Galiber, Gold and Leichter recorded in
16 the negative.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1217, by Senator Hannon, Senate Bill Number
21 4972, making an appropriation to the Department
22 of Transportation.
23 SENATOR LEICHTER: Explanation.
5586
1 SENATOR PRESENT: Lay it aside
2 temporarily.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside temporarily.
5 THE SECRETARY: Calendar Number
6 1227, by Senator Levy, Senate Bill Number 5487
7 A, in relation to authorizing a review of
8 current drug-impaired driving education.
9 SENATOR LEICHTER: Lay that bill
10 aside.
11 ACTING PRESIDENT FARLEY: Lay
12 that bill aside for the day.
13 THE SECRETARY: Calendar 1228, by
14 Senator Daly.
15 SENATOR DALY: Lay aside until
16 tomorrow.
17 ACTING PRESIDENT FARLEY: Lay
18 that bill aside for the day.
19 THE SECRETARY: Calendar Number
20 1230, substituted earlier today, by the Assembly
21 Committee on Rules, Assembly Bill 7891, amends
22 Chapter 901 of the Laws of 1990.
23 ACTING PRESIDENT FARLEY: Read
5587
1 the last section.
2 SENATOR LEICHTER: Could we have
3 an explanation?
4 ACTING PRESIDENT FARLEY:
5 Explanation has been asked for. Senator
6 Trunzo.
7 SENATOR TRUNZO: Mr. President,
8 this bill permits Nassau and Suffolk County to
9 continue to bring actions to enforce violations
10 of SPDES programs for the county and they're
11 during this, they've done it for the past couple
12 of years and it's worked out well, and the thing
13 is to continue it, because the DEC out in the
14 county does not have the -- they're not
15 staffed. They're understaffed, and they can not
16 even prosecute some of those violators of the
17 SPDES permits, and the two counties have been
18 working at it, doing well. They share the
19 profits and the money with the state and the
20 counties involved, and, as a result, they're
21 asking for an extender of two more years of the
22 program.
23 SENATOR LEICHTER: Senator, if
5588
1 you would yield just for a question.
2 SENATOR TRUNZO: Sure.
3 SENATOR LEICHTER: Sounds like a
4 good bill. Just to steal Senator Gold's line,
5 do you know what the objection of DEC is to the
6 bill?
7 SENATOR TRUNZO: No idea, except
8 I know they objected to it two years ago and
9 they didn't put out a memo.
10 SENATOR LEICHTER: I don't
11 either, and I apologize, Senator Gold, for
12 plagiarizing his line. He's busy.
13 SENATOR TRUNZO: Read the last
14 section.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT FARLEY: The
5589
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1236, by Senator Stafford.
4 SENATOR PRESENT: Lay it aside
5 temporarily.
6 ACTING PRESIDENT FARLEY: Laid
7 aside temporarily.
8 THE SECRETARY: Calendar Number
9 1237, by Senator Trunzo, amends Chapter 422 of
10 the Laws of 1991.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 56, nays
19 one, Senator Gold recorded in the negative.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 SENATOR GOLD: Can you hold on
23 for one second?
5590
1 ACTING PRESIDENT FARLEY: Yes,
2 the results again on that bill. Results.
3 THE SECRETARY: Results on
4 Calendar Number 1237 are ayes 57.
5 ACTING PRESIDENT FARLEY: The
6 bill is passed again.
7 Senator Present, could we
8 recognize Senator Libous for a motion?
9 SENATOR PRESENT: Sure.
10 ACTING PRESIDENT FARLEY: Senator
11 Libous.
12 SENATOR LIBOUS: Thank you, Mr.
13 President, and on behalf of Senator Bruno, I
14 wish to call up his bill, Print Number 2354,
15 which is now at the desk.
16 ACTING PRESIDENT FARLEY:
17 Secretary will read Senator Bruno's bill.
18 THE SECRETARY: By Senator Bruno,
19 Senate Bill Number 2354, Economic Development
20 Law.
21 SENATOR LIBOUS: Mr. President, I
22 now move to reconsider the vote by which this
23 bill was passed.
5591
1 ACTING PRESIDENT FARLEY: Call
2 the roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration. )
5 THE SECRETARY: Ayes 57.
6 SENATOR LIBOUS: Mr.
7 President, I now offer up the following
8 amendments.
9 ACTING PRESIDENT FARLEY: The
10 amendments are received. The bill will retain
11 its place on the Third Reading Calendar.
12 Thank you, Senator Bruno.
13 Senator Daly.
14 SENATOR DALY: Could I be voted
15 in the negative on Calendar Number 1195, Print
16 Number 443?
17 ACTING PRESIDENT FARLEY: 1195,
18 Senator Daly will be in the negative.
19 Senator Present.
20 SENATOR PRESENT: Mr. President,
21 do you have any housekeeping to take place?
22 ACTING PRESIDENT FARLEY: Looks
23 like the housekeeping is taken care of.
5592
1 SENATOR PRESENT: There being no
2 further business, I move that we adjourn until
3 tomorrow at 1:30.
4 ACTING PRESIDENT FARLEY: Senate
5 will stand adjourned until tomorrow at 1:30.
6 (Whereupon, at 7:04 p.m., the
7 Senate adjourned. )
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