Regular Session - June 27, 1994
5737
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8 ALBANY, NEW YORK
9 June 27, 1994
10 4:15 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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5738
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Senators please take
4 their places. Ask the members of the gallery to
5 join us in saying the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag. )
8 ACTING PRESIDENT KUHL: We're
9 pleased to have a constituent of Senator
10 Padavan's with us from Queens, the Reverend
11 Monsignor George T. Deas from Our Lady of the
12 Blessed Sacrament.
13 REVEREND MONSIGNOR GEORGE T.
14 DEAS: I'd like to offer two thoughts as prelude
15 to our prayer.
16 There was a young man who was
17 taking his first flight and ran into a lot of
18 turbulence and, in the midst of his anxiety
19 prayed, "O God, if you get me out of this, I
20 will give you half of what I earn." Suddenly
21 the sun came out and about a half hour later the
22 plane landed evenly and uneventfully. But just
23 behind him was a preacher who tapped him on the
5739
1 shoulder as he got up to go out and said, "I
2 heard the prayer that you uttered and so I would
3 like to collect for the Lord," and the man
4 turned and said to him, "No deal," he said.
5 "I've -- I've changed the terms;" and he said,
6 "What do you mean?" And he said, "Well, I said
7 to the Lord, if you ever catch me in one of
8 these things again, you can have it all."
9 We take from that that God cuts
10 no deals and in the end he gets it all. The
11 second thought comes from Teresa of Avila who
12 says that God sees us all the time but, when we
13 pray, we see God seeing us. So let us bow our
14 heads and ask for the wit to take this
15 conversation seriously.
16 We call You Almighty, the all
17 powerful one because in You alone all power
18 resides and in You alone absolute power is in
19 corruptible. What power we possess derives from
20 You and threatens to corrupt us only when we
21 forget that. Give us the humility to remember
22 that You made the world. It is Yours to save.
23 You made us stewards of the world, and it is
5740
1 ours to serve, and so we pray for our nation and
2 especially our state on whose soil our feet are
3 planted and in whose history we see Your
4 provident hand.
5 Help us to find our soul. We
6 develop swift means of transportation. Show us
7 the place to go. We develop incredible methods
8 of communication. Teach us what to say. We
9 have amassed immense wealth. Give us the goals
10 worthy of Your love on which to spend it. Bless
11 this nation, this state, this chamber of Senate
12 and the women and men within it for the
13 resurgence of integrity. Give us courage to be
14 strong in assisting the weak, wisdom to rebuild
15 our cities well, humility to live the trust in
16 You which is engraved on our currency and our
17 coins, and at last sharpen our sense of humor so
18 as to see all things from Your perspective and
19 know when we have said enough. Amen.
20 ACTING PRESIDENT KUHL: Reading
21 of the Journal.
22 THE SECRETARY: In Senate,
23 Sunday, June 26th. The Senate met pursuant to
5741
1 adjournment, Senator Bruno in the Chair upon
2 designation of the Temporary President. The
3 Journal of Saturday, June 25th, was read and
4 approved. On motion, Senate adjourned.
5 ACTING PRESIDENT KUHL: Hearing
6 no objection, the Journal stands approved as
7 read.
8 Presentation of petitions.
9 Messages from the Assembly.
10 Senator Present, there's one at
11 the desk. I ask the Secretary to read.
12 THE SECRETARY: The Assembly
13 returned Senator Padavan's bill, Senate Bill
14 Number 5904-B, Assembly Reprint Number 30005, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to the offense of unlawful solicitation
17 of ground transportation services, with
18 amendments.
19 ACTING PRESIDENT KUHL: Concur in
20 the amendments. Senate bill is restored to the
21 calendar.
22 Messages from the Governor.
23 Reports of standing committees.
5742
1 THE SECRETARY: Senator Marino,
2 from the Committee on Rules, reports the
3 following bills directly for third reading:
4 Senate Bill Number 2491-A, by
5 Senator Montgomery, authorizing the city of New
6 York to reconvey its interest in certain real
7 property;
8 3185-C, by Senator Spano, an act
9 to amend the Retirement and Social Security Law;
10 3276-B, by Senator Spano, an act
11 to amend the Retirement and Social Security Law;
12 3674, by Senator Present, Real
13 Property Tax Law;
14 5499-A, by Senator Saland, an act
15 to amend the Social Services Law;
16 5571, by Senator Padavan, an act
17 to amend the Public Authorities Law;
18 5871, by Senator Velella, an act
19 to amend the Judiciary Law;
20 6081-A, by the Senate Committee
21 on Rules, an act to amend the Vehicle and
22 Traffic Law.
23 6706-B, by Senator Stachowski,
5743
1 authorizing the city of Lackawanna to
2 discontinue the use and sell certain park lands;
3 6885-A, by Senator Seward, an act
4 to amend the Election Law;
5 7015, by Senator Johnson, an act
6 to amend the General Municipal Law;
7 7024, by Senator Lack, an act to
8 amend the Labor Law;
9 7704, by Senator Present,
10 Environmental Conservation Law;
11 7758, by Senator Velella, an act
12 to amend the Insurance Law;
13 7811-A, by Senator Johnson, an
14 act to amend the General Municipal Law;
15 7968-A, by Senator Daly, an act
16 to amend the Environmental Conservation Law
17 reported with amendments;
18 8029, by Senator Ohrenstein,
19 authorize the city of New York to reconvey its
20 interests in certain real property;
21 8064, by Senator Lack, an act to
22 amend the General Obligations Law;
23 8090-A, by Senator Goodman, an
5744
1 act to amend the Vehicle and Traffic Law;
2 8145, by Senator Lack, Uniform
3 City Court Act;
4 8189-A, by Senator Present,
5 Environmental Conservation Law;
6 8288-A, by Senator Present, an
7 act to amend the Town Law and the Public
8 Officers Law;
9 8398, by Senator Daly, an act to
10 amend the Vehicle and Traffic Law;
11 8503, by Senator Skelos, amends
12 Chapter 1014 of the Laws of 1984;
13 8520, by Senator Sears, authorize
14 the town of Massena in St. Lawrence County to
15 construct office facilities;
16 8648, by Senator Nozzolio, an act
17 to amend the Election Law;
18 8661, by Senator Libous,
19 Surrogate's Court Procedure Act;
20 8679, by the Committee on Rules,
21 Public Authorities Law;
22 8684, by Senator Daly, authorize
23 the sale and lease of real property at the
5745
1 Rochester Psychiatric Center;
2 8694, by Senator Saland,
3 Environmental Conservation Law;
4 8695, by Senator Spano, amends
5 Chapter 318 of the Laws of 1991;
6 8704, by Senator Holland, an act
7 to amend the Social Services Law; and
8 8739, by Senator Tully, an act to
9 amend the Public Health Law.
10 All bills reported directly for
11 third reading.
12 ACTING PRESIDENT KUHL: All bills
13 are reported directly to third reading.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you, Mr.
20 President.
21 On behalf of Senator Stafford, on
22 page 42, I offer the following amendments to
23 Calendar Number 1106, Senate Print Number 8030,
5746
1 and ask that said bill retain its place on the
2 Third Reading Calendar.
3 ACTING PRESIDENT KUHL:
4 Amendments are received and adopted.
5 SENATOR LIBOUS: And, Mr.
6 President, would you also please remove the star
7 on that bill.
8 ACTING PRESIDENT KUHL: Star is
9 removed.
10 SENATOR LIBOUS: Mr. President,
11 also on behalf of Senator Stafford, I wish to
12 call up his bill, Senate Print Number 7467
13 recalled from the Assembly which is now at the
14 desk.
15 ACTING PRESIDENT KUHL: Secretary
16 will read.
17 THE SECRETARY: By Senator
18 Stafford, Senate Bill Number 7467, an act to
19 amend the General Construction Law.
20 ACTING PRESIDENT KUHL: Senator
21 Libous.
22 SENATOR LIBOUS: Mr. President, I
23 now move to reconsider the vote by which this
5747
1 bill was passed.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the roll, or call the roll on
4 reconsideration.
5 (The Secretary called the roll on
6 reconsideration. )
7 THE SECRETARY: Ayes 41.
8 ACTING PRESIDENT KUHL: Senator
9 Libous.
10 SENATOR LIBOUS: Mr. President, I
11 now offer up the following amendments.
12 ACTING PRESIDENT KUHL:
13 Amendments are received and adopted.
14 Senator Libous.
15 SENATOR LIBOUS: Again, Mr.
16 President, on behalf of Senator Stafford, I wish
17 to call up his bill 441-C recalled from the
18 Assembly which is now at the desk.
19 ACTING PRESIDENT KUHL: Secretary
20 will read.
21 THE SECRETARY: By Senator
22 Stafford, Senate Bill Number 441-C, an act to
23 amend the Tax Law.
5748
1 SENATOR LIBOUS: Mr. President, I
2 now move to reconsider the vote by which this
3 bill was passed.
4 ACTING PRESIDENT KUHL: Call the
5 roll on reconsideration.
6 (The Secretary called the roll on
7 reconsideration. )
8 THE SECRETARY: Ayes 41.
9 SENATOR LIBOUS: Mr. President, I
10 offer up the following amendments.
11 ACTING PRESIDENT KUHL:
12 Amendments are received and adopted.
13 Senator Libous.
14 SENATOR LIBOUS: Mr. President,
15 on behalf of Senator Marchi, I wish to call up
16 his bill, Print Number 6521-A recalled from the
17 Assembly which is now at the desk.
18 ACTING PRESIDENT KUHL: Secretary
19 will read.
20 THE SECRETARY: By Senator
21 Marchi, Senate Bill 6521-A, an act to amend the
22 Environmental Conservation Law.
23 SENATOR LIBOUS: Mr. President, I
5749
1 now move to reconsider the vote by which this
2 bill was passed.
3 ACTING PRESIDENT KUHL: Call the
4 roll on reconsideration.
5 (The Secretary called the roll on
6 reconsideration. )
7 THE SECRETARY: Ayes 41.
8 SENATOR LIBOUS: I now offer the
9 following amendments.
10 ACTING PRESIDENT KUHL:
11 Amendments are received and adopted.
12 Senator Libous.
13 SENATOR LIBOUS: Mr. President, on
14 behalf of myself, may I please put a sponsor's
15 star on Calendar Number 854.
16 ACTING PRESIDENT KUHL: Senator
17 Gold, why do you rise?
18 SENATOR GOLD: Would you please
19 recognize Senator Markowitz.
20 SENATOR MARKOWITZ: I would like
21 to be recorded on 1289, which the Senate
22 approved on June 12th, 1289, I would have voted
23 in the affirmative enthusiastically.
5750
1 ACTING PRESIDENT KUHL: Senator
2 Markowitz, the record will show that had you
3 been present when that bill was voted on, you
4 would have voted in the affirmative.
5 Senator Seward.
6 SENATOR SEWARD: Mr. President,
7 on behalf of Senator Tully, I wish to call up
8 his bill Print Number 8180-A recalled from the
9 Assembly which is now at the desk.
10 ACTING PRESIDENT KUHL: Secretary
11 will read.
12 THE SECRETARY: By Senator Tully,
13 Senate Bill 8180-A, authorize the village of
14 Westbury to discontinue the use of certain park
15 lands.
16 SENATOR SEWARD: Mr. President, I
17 now move to reconsider the vote by which this
18 bill was passed.
19 ACTING PRESIDENT KUHL: Secretary
20 will call the roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration. )
23 THE SECRETARY: Ayes 43.
5751
1 SENATOR SEWARD: Mr. President, I
2 now offer the following amendments.
3 ACTING PRESIDENT KUHL:
4 Amendments are received and adopted.
5 Senator Seward.
6 SENATOR SEWARD: Also on behalf
7 of Senator Tully, I wish to call up his bill
8 Print Number 233 recalled from the Assembly
9 which is now at the desk.
10 ACTING PRESIDENT KUHL: Secretary
11 will read.
12 THE SECRETARY: By Senator Tully,
13 Senate Bill 233, an act to amend the Criminal
14 Procedure Law.
15 SENATOR SEWARD: I now move to
16 reconsider the vote by which this bill was
17 passed.
18 ACTING PRESIDENT KUHL: Secretary
19 will call the roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 43.
23 SENATOR SEWARD: Mr. President, I
5752
1 now offer the following amendments.
2 ACTING PRESIDENT KUHL:
3 Amendments are received and adopted.
4 Senator Seward.
5 SENATOR SEWARD: On behalf of
6 Senator Goodman, I wish to call up Calendar
7 Number 709, Assembly Print Number 6114-C.
8 ACTING PRESIDENT KUHL: Secretary
9 will read.
10 THE SECRETARY: Assembly Bill
11 Number 6114-C, an act to amend the Arts and
12 Cultural Affairs Law.
13 SENATOR SEWARD: I now move to
14 reconsider the vote by which this Assembly bill
15 was substituted for Senator Goodman's bill,
16 Senate Print Number 3874-B on April 27th.
17 ACTING PRESIDENT KUHL: Secretary
18 will call the roll on reconsideration.
19 (The Secretary called the roll on
20 reconsideration. )
21 THE SECRETARY: Ayes 43.
22 SENATOR SEWARD: I now move that
23 Assembly Bill Number 6114-C be committed to the
5753
1 Committee on Rules and Senate -- the Senate bill
2 be restored to the order of Third Reading
3 Calendar.
4 ACTING PRESIDENT KUHL: The
5 Assembly bill will be recommitted and the Senate
6 bill will be restored to the Third Reading
7 Calendar.
8 Senator Seward.
9 SENATOR SEWARD: Mr. President, I
10 now offer the following amendments to that bill.
11 ACTING PRESIDENT KUHL:
12 Amendments are received and adopted.
13 SENATOR SEWARD: O.K. And finally
14 on behalf of Senator Levy, I wish to call up
15 Calendar 1028, Assembly Print Number 2235-A.
16 ACTING PRESIDENT KUHL: Secretary
17 will read.
18 THE SECRETARY: Assembly Bill
19 2235-A, an act to amend the Public Authorities
20 Law.
21 SENATOR SEWARD: I now move to
22 reconsider the vote by which this Assembly bill
23 was substituted for Senator Levy's bill, Senate
5754
1 Bill Number 8300, on May 11th.
2 ACTING PRESIDENT KUHL: Secretary
3 will call the roll on reconsideration.
4 (The Secretary called the roll on
5 reconsideration. )
6 THE SECRETARY: Ayes 43.
7 SENATOR SEWARD: I now move that
8 Assembly Bill Number 2235-A be recommitted to
9 the Committee on Rules, and that Senator Levy's
10 bill be restored to the Third Reading Calendar.
11 ACTING PRESIDENT KUHL: The
12 Assembly bill will be recommitted, and the
13 Senate bill will be restored to the Third
14 Reading Calendar.
15 SENATOR SEWARD: I now offer the
16 following amendments.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted.
19 Senator Farley.
20 SENATOR FARLEY: Thank you, Mr.
21 President.
22 On behalf of Senator Levy, please
23 remove a sponsor's star from Calendar Numbers
5755
1 293 and 328.
2 ACTING PRESIDENT KUHL: Sponsor's
3 stars will be removed from 293 and 328.
4 SENATOR FARLEY: On behalf of
5 Senator Kuhl, please place a sponsor's star on
6 Calendar Number 1164.
7 ACTING PRESIDENT KUHL: Sponsor's
8 star is placed on Calendar Number 1164.
9 SENATOR FARLEY: Also on behalf
10 of Senator Daly, on page 4, Calendar Number 261,
11 Senate Print 4583-D, I offer the following
12 amendments.
13 ACTING PRESIDENT KUHL:
14 Amendments are received and adopted.
15 SENATOR FARLEY: I have a number
16 of these.
17 On behalf of Senator Daly
18 amendments are also offered on page 10, Calendar
19 Number 593, Senate Print 7281-A, offer the
20 following amendments.
21 On behalf of Senator Hannon, on
22 page 28, Calendar Number 1246, Print Number 8530
23 I offer the following amendments.
5756
1 Behalf of Senator Johnson, page
2 32, Calendar Number 1337, Senate Print 6851, I
3 offer amendments.
4 On behalf of Senator Skelos, on
5 page 33, Calendar 1345, Senate Print 8452, I
6 offer the following amendments.
7 On behalf of Senator Skelos, on
8 page 38, Calendar Print -- Calendar Number 600,
9 Senate Print 7412, I offer the following
10 amendments.
11 On behalf of Senator Velella,
12 page 19, Calendar 882, Senate Print 6787-A,
13 offer amendments.
14 And on behalf of Senator Kuhl, on
15 page 32, Calendar Number 1338, Senate Print
16 7406-A, I offer the following amendments, and I
17 ask that these bills retain their place on the
18 Third Reading Calendar.
19 ACTING PRESIDENT KUHL:
20 Amendments are received and accepted on
21 Calendars Number 593, 1246, 1337, 1345, 600, 882
22 and 1338. The bills will retain their place on
23 the Third Reading Calendar.
5757
1 Senator Rath.
2 SENATOR RATH: Mr. President, I
3 wish to call up my bill, Print Number 7054-B
4 recalled from the Assembly which is now at the
5 desk.
6 ACTING PRESIDENT KUHL: Secretary
7 will read.
8 THE SECRETARY: 7054-B, an act to
9 amend the State Administrative Procedure Act.
10 SENATOR RATH: Mr. President, I
11 now move to reconsider the vote by which the
12 bill was passed.
13 ACTING PRESIDENT KUHL: Secretary
14 will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration. )
17 THE SECRETARY: Ayes 43.
18 SENATOR RATH: Mr. President, I
19 now offer the following amendments.
20 ACTING PRESIDENT KUHL:
21 Amendments are received and adopted.
22 SENATOR RATH: Mr. President,
23 additionally I wish to call up my bill, Print
5758
1 Number 7743-A recalled from the Assembly which
2 is now at the desk.
3 ACTING PRESIDENT KUHL: Secretary
4 will read.
5 THE SECRETARY: By Senator Rath,
6 Senate Print Number 7743-A, an act to amend the
7 State Administrative Procedure Act.
8 SENATOR RATH: Mr. President, I
9 now move to reconsider the vote by which the
10 bill was passed.
11 ACTING PRESIDENT KUHL: Secretary
12 will call the roll on reconsideration.
13 (The Secretary called the roll on
14 reconsideration. )
15 THE SECRETARY: Ayes 43.
16 SENATOR RATH: Mr. President, I
17 now offer the following amendments.
18 ACTING PRESIDENT KUHL:
19 Amendments are received and adopted.
20 SENATOR RATH: Additionally, Mr.
21 President, I wish to remove the sponsor's star
22 from my Bill Number 1064.
23 ACTING PRESIDENT KUHL: Sponsor's
5759
1 star is removed from Calendar Number 1064.
2 SENATOR RATH: Thank you.
3 ACTING PRESIDENT KUHL: Senator
4 Maltese.
5 SENATOR MALTESE: Mr. President,
6 I wish to call up Calendar Number 813, Assembly
7 Print Number 10571.
8 ACTING PRESIDENT KUHL: Secretary
9 will read.
10 THE SECRETARY: Assembly Bill
11 Number 10571, an act to amend the County Law.
12 SENATOR MALTESE: I now move to
13 reconsider the vote by which this Assembly bill
14 was substituted for my bill, Senate Print Number
15 4571-B on May 10th.
16 ACTING PRESIDENT KUHL: Secretary
17 will call the roll on reconsideration.
18 (The Secretary called the roll on
19 reconsideration. )
20 THE SECRETARY: Ayes 43.
21 SENATOR MALTESE: I now move that
22 Assembly Bill Number 10571 be committed to the
23 Committee on Rules and my Senate bill be
5760
1 restored to the order of the Third Reading
2 Calendar.
3 ACTING PRESIDENT KUHL: The
4 Assembly bill will be recommitted and the Senate
5 bill will be restored to the Third Reading
6 Calendar.
7 Senator Maltese.
8 SENATOR MALTESE: Mr. President,
9 I now offer the following amendments.
10 ACTING PRESIDENT KUHL:
11 Amendments are received and adopted.
12 Senator Cook.
13 SENATOR COOK: Mr. President,
14 would you please remove the sponsor's start from
15 Senate Print Number 7231, Calendar Number 1306.
16 ACTING PRESIDENT KUHL: Sponsor's
17 star will be removed from Calendar Number 1306.
18 Senator Johnson.
19 SENATOR JOHNSON: Mr. President,
20 I wish to call up my bill, Print Number 2802-A
21 recalled from the Assembly which is now at the
22 desk.
23 ACTING PRESIDENT KUHL: Secretary
5761
1 will read.
2 THE SECRETARY: Senate Bill
3 Number 2802-A, by Senator Johnson, an act to
4 amend the Education Law.
5 SENATOR JOHNSON: Mr. President,
6 I now move to reconsider the vote by which this
7 bill was passed.
8 ACTING PRESIDENT KUHL: Secretary
9 will call the roll on reconsideration.
10 (The Secretary called the roll on
11 reconsideration. )
12 THE SECRETARY: Ayes 47.
13 ACTING PRESIDENT KUHL: Senator
14 Johnson.
15 SENATOR JOHNSON: Mr. President,
16 I now offer the following amendments.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted.
19 Senator Johnson.
20 SENATOR JOHNSON: Mr. President,
21 on page 5, I offer the following amendments to
22 Calendar Number 285, Senate Print Number 4369-B
23 and ask that said bill retain its place on the
5762
1 Third Reading Calendar.
2 ACTING PRESIDENT KUHL:
3 Amendments are received and adopted. The bill
4 will retain its place on the Third Reading
5 Calendar.
6 Senator Johnson.
7 SENATOR JOHNSON: Mr. President,
8 on page 31, please place a sponsor's star on
9 Calendar Number 1329, Senate Print Number
10 3181-A.
11 ACTING PRESIDENT KUHL: Sponsor's
12 star will be placed on 1329.
13 Senator Spano.
14 SENATOR SPANO: On behalf of
15 Senator Bruno, I wish to call up his bill,
16 Senate Print 6727 recalled from the Assembly
17 which is now at the desk.
18 ACTING PRESIDENT KUHL: Secretary
19 will read.
20 THE SECRETARY: By Senator Bruno,
21 Senate Bill Number 6727, an act to amend the
22 Vehicle and Traffic Law.
23 ACTING PRESIDENT KUHL: Senator
5763
1 Spano.
2 SENATOR SPANO: Now move to
3 reconsider the vote by which the bill was
4 passed.
5 ACTING PRESIDENT KUHL: Secretary
6 will call the roll on reconsideration.
7 (The Secretary called the roll on
8 reconsideration.)
9 THE SECRETARY: Ayes 47.
10 SENATOR SPANO: Offer the
11 following amendments.
12 ACTING PRESIDENT KUHL:
13 Amendments are received and adopted.
14 Senator Spano.
15 SENATOR SPANO: Also on behalf of
16 Senator Bruno, I wish to call up his bill, Print
17 Number 6937, recalled from the Assembly which is
18 now at the desk.
19 ACTING PRESIDENT KUHL: Secretary
20 will read.
21 THE SECRETARY: By Senator Bruno,
22 Senate Bill Number 6937, Racing, Pari-Mutuel
23 Wagering and Breeding Law.
5764
1 SENATOR SPANO: Move to
2 reconsider the vote by which the bill was
3 passed.
4 ACTING PRESIDENT KUHL: Secretary
5 will call the roll on reconsideration.
6 (The Secretary called the roll on
7 reconsideration.)
8 THE SECRETARY: Ayes 47.
9 SENATOR SPANO: Offer the
10 following amendments.
11 ACTING PRESIDENT KUHL:
12 Amendments are received and adopted.
13 Senator Spano.
14 SENATOR SPANO: Mr. President, I
15 wish to call up my bill, Senate Print Number
16 5738-A recalled from the Assembly which is now
17 at the desk.
18 ACTING PRESIDENT KUHL: Secretary
19 will read.
20 THE SECRETARY: By Senator Spano,
21 Senate Bill Number 5738-A, an act to amend the
22 Vehicle and Traffic Law.
23 SENATOR SPANO: I now move to
5765
1 reconsider the vote by which the bill was
2 passed.
3 ACTING PRESIDENT KUHL: Secretary
4 will call the roll on reconsideration.
5 (The Secretary called the roll on
6 reconsideration.)
7 THE SECRETARY: Ayes 47.
8 SENATOR SPANO: Offer the
9 following amendments.
10 ACTING PRESIDENT KUHL:
11 Amendments are received and adopted.
12 SENATOR SPANO: Thank you.
13 ACTING PRESIDENT KUHL: Senator
14 Present, we have some substitutions. Secretary
15 will read the substitutions.
16 THE SECRETARY: On page 6 of
17 today's calendar, Senator Kuhl moves to
18 discharge the Committee on Rules from Assembly
19 Bill Number 10374-A and substitute it for the
20 identical Third Reading 331.
21 On page 7, Senator Levy moves to
22 discharge the Committee on Rules from Assembly
23 Bill Number 9806-A and substitute it for the
5766
1 identical Third Reading 392.
2 On page 18, Senator Libous moves
3 to discharge the Committee on Rules from
4 Assembly Bill Number 10877-A and substitute it
5 for the identical Third Reading 853.
6 On page 24, Senator Levy moves to
7 discharge the Committee on Transportation from
8 Assembly Bill Number 9612, and substitute it for
9 the identical Third Reading 1001.
10 On page 30, Senator Paterson
11 moves to discharge the Committee on Rules from
12 Assembly Bill Number 4218-A and substitute it
13 for the identical Third Reading 1324.
14 On page 32, Senator Volker moves
15 to discharge the Committee on Rules from
16 Assembly Bill Number 9338, and substitute it for
17 the identical Third Reading 1336.
18 And on page 34, Senator Volker
19 moves to discharge the Committee on Local
20 Government from Assembly Bill Number 9057 and
21 substitute it for the identical Third Reading
22 1353.
23 ACTING PRESIDENT KUHL:
5767
1 Substitutions are ordered.
2 Senator Present, that brings us
3 to the calendar.
4 SENATOR PRESENT: Take up the
5 non-controversial calendar.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the non-controversial calendar.
8 THE SECRETARY: On page 4,
9 Calendar Number 193, by Senator Daly, Senate
10 Bill Number 1098-A, an act to amend the
11 Environmental Conservation Law.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 47.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 331, substituted earlier today, by member of the
5768
1 Assembly Doran, Assembly Bill Number 10374-A, an
2 act to amend the Public Officers Law.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 48.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 359, by Senator Wright, Senate Bill Number 6861
15 C, authorize the city of Ogdensburg School
16 District to finance the projected accumulated
17 deficit.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5769
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 485, by Senator Levy, Senate Bill Number 193-D,
7 an act to amend the Public Authorities Law and
8 the Railroad Law.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 47, nays
17 one, Senator Seward recorded in the negative.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 538, by Senator Levy, Senate Bill Number 7431-A,
22 an act to amend the Vehicle and Traffic Law.
23 ACTING PRESIDENT KUHL: Secretary
5770
1 will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT KUHL: The
9 bill's passed.
10 THE SECRETARY: Calendar Number
11 648, by Senator Kruger, Senate Bill Number 7102,
12 an act to amend the Penal Law.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 48.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
5771
1 659, by Senator Seward, Senate Bill Number
2 7410-A, authorizing the State University of New
3 York to lease certain lands.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 48.
12 ACTING PRESIDENT KUHL: The
13 bill's passed.
14 THE SECRETARY: Calendar Number
15 663, by member of the Assembly Pheffer, Assembly
16 Bill Number 825-A, an act to amend the Insurance
17 Law.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5772
1 (The Secretary called the roll. )
2 ACTING PRESIDENT KUHL: Announce
3 the results.
4 THE SECRETARY: Ayes 44, nays 4,
5 Senators Cook, DeFrancisco, Kuhl and Seward
6 recorded in the negative.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 715, by Senator Daly, Senate Bill -
11 SENATOR GOLD: Could we have a
12 day on that, please.
13 SENATOR DALY: Lay it aside.
14 SENATOR PRESENT: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 771, by Senator Skelos, Senate Bill Number 7797
19 B, an act to amend the Real Property Tax Law.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5773
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 48.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 779, by Senator Saland, Senate Bill Number -
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside for the day.
11 THE SECRETARY: Calendar Number
12 823, by Senator Stafford, Senate Bill Number
13 7023-A, authorizing the town of Waverly, county
14 of Franklin to discontinue the use and transfer
15 certain park lands.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 48.
5774
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 850, by Senator Libous, Senate Bill Number 7034
5 A, an act to amend the Mental Hygiene Law.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 48.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 898, by Senator Rath, Senate Bill Number 7999-A,
18 State Administrative Procedure Act.
19 SENATOR GOLD: Lay aside,
20 please.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
5775
1 1010, by Senator Levy.
2 SENATOR PRESENT: Lay it aside
3 for the day.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 1067, by Senator LaValle, Senate Bill Number
8 8063-A, an act to amend the Education Law.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 48.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1095, by Senator Skelos, Senate Bill Number
21 6699, an act to amend the General Municipal Law,
22 in relation to bingo.
23 ACTING PRESIDENT KUHL: Secretary
5776
1 will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 45, nays
8 three, Senators Cook, Seward and Tully recorded
9 in the negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Also Senators
13 LaValle and Padavan recorded in the negative;
14 also Senator Gold in the negative.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1165, by Senator Trunzo, Senate Bill Number
19 3463-B, an act to amend the Real Property Tax
20 Law.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
5777
1 act shall take effect immediately.
2 SENATOR PRESENT: Lay aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1191, by Senator Cook.
7 SENATOR STAVISKY: Lay aside,
8 please.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1210, by Senator Holland, Senate Bill Number
13 1012-G, an act to amend the Agriculture and
14 Markets Law.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 48.
23 ACTING PRESIDENT KUHL: The bill
5778
1 is passed.
2 THE SECRETARY: Calendar Number -
3 ACTING PRESIDENT KUHL: Senator
4 Farley.
5 SENATOR FARLEY: Could I be
6 recorded in the negative on 663.
7 ACTING PRESIDENT KUHL: Without
8 objection, Senator Farley will be recorded in
9 the negative on Calendar Number 663. Secretary
10 will continue to call the non-controversial
11 calendar.
12 THE SECRETARY: Calendar Number
13 1261, by Senator Larkin.
14 SENATOR PRESENT: Lay that aside
15 for the day, please.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside for the day.
18 THE SECRETARY: Calendar Number
19 1287, by Senator Rath.
20 SENATOR PRESENT: Lay it aside
21 temporarily.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside temporarily.
5779
1 THE SECRETARY: Calendar Number
2 1290, by Senator Stafford.
3 SENATOR STAFFORD: Lay that aside
4 for the day.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside for the day.
7 THE SECRETARY: Calendar Number
8 1315, by Senator Tully.
9 SENATOR PRESENT: Lay it aside
10 for the day, please.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside for the day.
13 THE SECRETARY: Calendar Number
14 1317, by the Senate Committee on Rules, Senate
15 Bill Number 8528, an act to amend the General
16 Municipal Law.
17 ACTING PRESIDENT KUHL: There's a
18 home rule message at the desk. Secretary will
19 read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5780
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 49, nays
3 one, Senator Leichter recorded in the negative.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1323, by the Senate Committee on Rules, Senate
8 Bill Number -
9 SENATOR PRESENT: Lay aside
10 temporarily.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside temporarily. Lay the bill aside
13 temporarily.
14 THE SECRETARY: Calendar Number
15 1324, substituted earlier today, by member of
16 the Assembly Wright, Assembly Bill Number 4218
17 A, city of New York to reconvey certain real
18 property in the borough of Manhattan.
19 ACTING PRESIDENT KUHL: There's a
20 home rule message at the desk. Secretary will
21 read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5781
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1326, by Senator Cook.
9 SENATOR GOLD: Could we have a
10 day on that?
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside for the day.
13 THE SECRETARY: Calendar Number
14 1327, by Senator LaValle, Senate Bill Number
15 2486, an act to amend the General Municipal Law.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 51.
5782
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1328, by Senator Mendez, Senate Bill Number
5 2579-B, to permit Robin L. Liberman to revoke a
6 previous election of death benefit coverage.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 ACTING PRESIDENT KUHL: Announce
15 the results.
16 THE SECRETARY: Ayes 48, nays 3,
17 Senators Dollinger, Gold and Leichter recorded
18 in the negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1330, by Senator Seward, Senate Bill Number
23 4262-A, an act to amend the Tax Law and the
5783
1 Public Service Law.
2 SENATOR GOLD: Can we have one
3 day on that, please? One day.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 1331, by Senator Skelos, Senate Bill Number
8 5322-B, an act to amend Chapter 879 of the Laws
9 of 1936.
10 ACTING PRESIDENT KUHL: There's a
11 home rule message at the desk. Secretary will
12 read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 51.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1332, by Senator Volker, Senate Bill Number
23 5396-A, an act to amend the Retirement and
5784
1 Social Security Law.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section -
5 SENATOR LEICHTER: Will you hold
6 on a minute? Lay it aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 1335, by Senator Tully.
11 SENATOR PRESENT: Lay it aside
12 for the day, please.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside for the day.
15 THE SECRETARY: Calendar Number
16 1336, substituted earlier today, by member of
17 the Assembly Johnson, Assembly Bill Number 9338,
18 an act to amend Chapter 644 of the Laws of
19 1993.
20 ACTING PRESIDENT KUHL: There's a
21 home rule message at the desk. Secretary will
22 read the last section.
23 THE SECRETARY: Section 2. This
5785
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 50, nays
6 one, Senator Leichter recorded in the negative.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1339, by Senator Spano, Senate Bill Number 7512,
11 an act to amend the Labor Law.
12 ACTING PRESIDENT KUHL: Secretary
13 will read -
14 SENATOR GOLD: Lay it aside,
15 please.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside.
18 THE SECRETARY: Calendar Number
19 1340, by Senator Larkin, Senate Bill Number
20 7634, an act to amend Chapter 545 of the Laws of
21 1938.
22 ACTING PRESIDENT KUHL: Secretary
23 will read the last section.
5786
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 51.
7 ACTING PRESIDENT KUHL: The
8 bill's passed.
9 THE SECRETARY: Calendar Number
10 1341, by Senator Spano, Senate Bill Number 8088,
11 an act to amend Chapter 78 of the Laws of 1989.
12 SENATOR PRESENT: Lay it aside
13 for the day, please.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 THE SECRETARY: Calendar Number
17 1342, by Senator Seward, Senate Bill Number
18 8227, an act to amend the Public Authorities
19 Law.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5787
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1343, by Senator Rath, Senate Bill Number 8254,
9 an act to amend the General Municipal Law.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 51.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1344, by Senator Saland, Senate Bill Number
22 8440, an act to amend the Family Court Act.
23 SENATOR GOLD: Lay aside, please.
5788
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 1346, by Senator Bruno, Senate Bill Number 8573
5 A, authorizing the town of Clifton Park,
6 Saratoga County, to lease certain park lands.
7 SENATOR PRESENT: Lay it aside
8 for the day.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside for the day.
11 THE SECRETARY: Calendar Number
12 1347, by Senator Lack, Senate Bill Number
13 8582-A, an act to amend the General Obligations
14 Law.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 51.
23 ACTING PRESIDENT KUHL: The bill
5789
1 is passed.
2 THE SECRETARY: Calendar Number
3 1348, by Senator Spano, Senate Bill Number 8590,
4 authorizing the city of Yonkers to discontinue
5 as a park land certain lands.
6 ACTING PRESIDENT KUHL: There's a
7 home rule message at the desk. Secretary will
8 read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 51.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1349, by Senator Padavan, Senate Bill -
19 SENATOR PRESENT: Lay aside for
20 the day.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
5790
1 1350, by Senator DeFrancisco, Senate Bill Number
2 8619, an act to amend the Vehicle and Traffic
3 Law.
4 ACTING PRESIDENT KUHL: There's a
5 home rule message at the desk. Secretary will
6 read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 51.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1351, by Senator Stafford.
17 SENATOR GOLD: Can we have one
18 day on that, please?
19 SENATOR STAFFORD: Please, lay
20 the bill aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside for the day.
23 THE SECRETARY: Calendar Number
5791
1 1352, by the Senate Committee on Rules, Senate
2 Bill Number 8682, an act to amend the Retirement
3 and Social Security Law.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 51.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1353, substituted earlier today, by member of
16 the Assembly Pordum, Assembly Bill Number 9057,
17 an act to amend the General Municipal Law.
18 ACTING PRESIDENT KUHL: There's a
19 home rule message at the desk. Secretary will
20 read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
5792
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 51.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: On Calendar
7 Number 1353, Senator Leichter is recorded in the
8 negative. Ayes 50, nays one.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 Senator Present, that completes
12 the non-controversial calendar. What's your
13 pleasure, sir?
14 SENATOR PRESENT: Let's take up
15 the controversial calendar, please.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the controversial calendar.
18 THE SECRETARY: On page 15,
19 Calendar Number 715, by Senator Daly.
20 SENATOR GOLD: Can we have a day
21 on that, please?
22 SENATOR DALY: Lay the bill aside
23 for the day.
5793
1 ACTING PRESIDENT KUHL: Lay the
2 aside for the day.
3 THE SECRETARY: On page 21,
4 Calendar Number 898, by Senator Rath, Senate
5 Bill Number 7999-A, State Administrative
6 Procedure Act.
7 SENATOR GOLD: Mr. President.
8 ACTING PRESIDENT KUHL: Senator
9 Gold.
10 SENATOR GOLD: Would the
11 distinguished Senator yield for a question?
12 ACTING PRESIDENT KUHL: Senator
13 Rath, do you yield to Senator Gold?
14 SENATOR RATH: Certainly.
15 SENATOR GOLD: Yeah, Senator.
16 I'd just like to know what the amendment is in
17 the "A" print, please.
18 SENATOR RATH: What the what is?
19 SENATOR GOLD: I'd like to know
20 what the amendment is in the "A" print, please.
21 SENATOR RATH: O.K. What happened
22 when it went over to the Assembly for discussion
23 -- and by the way they passed it with the
5794
1 changed language. The original had the word
2 "reason" in it, the reason that the proposed
3 rule-making, proposed reason of rule was not
4 anticipated.
5 We've taken the word "reason" out
6 of it because it's a very subjective kind of
7 thing and could have been challenged and we've
8 just made it that the notice of proposed rule
9 making, that rule was not under consideration at
10 the time the regulatory agenda was submitted for
11 publication, very objective now rather than
12 subjective.
13 SENATOR GOLD: Thank you.
14 ACTING PRESIDENT KUHL: Secretary
15 will read the last section.
16 SENATOR LEICHTER: I have a
17 question.
18 ACTING PRESIDENT KUHL: Senator
19 Leichter.
20 SENATOR LEICHTER: I just wanted
21 to ask Senator Rath a question if she would be
22 kind enough to yield.
23 ACTING PRESIDENT KUHL: Senator
5795
1 Rath, would you be kind enough to yield? Senator
2 yields.
3 SENATOR LEICHTER: Senator, my
4 notes indicate that this bill was passed last
5 year, was vetoed by the Governor; is that
6 correct?
7 SENATOR RATH: I understand
8 that's right, Senator.
9 SENATOR LEICHTER: Now, the
10 amendments that you were just explaining or
11 possibly some other amendment to the bill, does
12 that meet the objection that the Governor had?
13 SENATOR RATH: Senator, I would
14 have to check with counsel. One moment.
15 SENATOR LEICHTER: Sure.
16 SENATOR RATH: Thank you for the
17 delay. Yes, we have worked with the Governor's
18 people on this as we changed the bill from last
19 year's draft. This latest amendment was at the
20 request of the Assembly, our -- in the negotia
21 tion with the Assembly staff and with my staff
22 from the ARRC.
23 ACTING PRESIDENT KUHL: Senator
5796
1 Leichter.
2 SENATOR LEICHTER: Senator, I
3 don't have the Governor's veto message. I have
4 a note here, I don't know if this is accurate,
5 that says that the Governor vetoed the bill
6 because, in his view, existing requirements for
7 regulatory impact and regulatory flexibility
8 make the bill unnecessary.
9 Now, if that's a correct
10 statement of the Governor's reason, it wouldn't
11 seem that the amendments that you've made to the
12 bill meet the Governor's objections.
13 SENATOR RATH: Well, I can -- you
14 don't see that the amendments meet the Govern
15 or's objection, Senator, is that correct?
16 SENATOR LEICHTER: As -- the note
17 that I have. I don't have the veto message
18 there, but it would seem that the reasons that
19 he vetoed the bill last year are not met by the
20 amendments that you describe to us and those
21 amendments you told us had been worked out with
22 the Assembly. Apparently it was not worked out
23 with the Governor's Counsel.
5797
1 SENATOR RATH: I believe,
2 Senator, that we have a difference possibly in
3 philosophy here. The bill is requiring rather
4 than permitting the Departments of Health,
5 Education, Insurance and EnCon and Social
6 Services to submit for publication to the State
7 Register regulatory agendas forced upon us.
8 I think there may be a difference
9 in the way the administration would feel about a
10 requirement rather than a permission to submit
11 regulatory agendas. Here we're saying that they
12 must submit regulatory agendas, so I think we
13 have a philosophical difference here with the
14 administration, but the Assembly agrees with us
15 that they should be required.
16 SENATOR LEICHTER: Yeah, Senator
17 Rath. Let me say, I have -- I have no problem
18 in where we disagree with the Governor's view in
19 passing a bill. The one thing that sort of
20 surprises me, and I raised this last week with
21 Senator Holland, he had a bill that had been
22 vetoed by the Governor and he submitted the very
23 same bill for our consideration, and it seemed
5798
1 to me that if we have this disagreement with the
2 Governor, and we feel that we're right, then
3 maybe the appropriate thing to do is to move to
4 override the veto rather than sending him a bill
5 which he'll veto, which will come back which
6 then you will resubmit. Doesn't seem that we
7 ever get any resolution then.
8 SENATOR RATH: Well, this is a
9 substantially different bill. I was again
10 advised by our staff who were here as this went
11 through last year, that substantially this is
12 different, and I recall last week we had one
13 that was not substantially different, but this
14 one is a different circumstance. This one is
15 substantially different.
16 SENATOR LEICHTER: Thank you,
17 Senator.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 1st day of November
22 next succeeding the date on which it shall have
23 become law.
5799
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1165, by Senator Trunzo, Senate Bill Number
9 3463-B, an act to amend the Real Property Tax
10 Law.
11 SENATOR GOLD: Explanation.
12 ACTING PRESIDENT KUHL: Senator
13 Trunzo, an explanation has been asked for by
14 Senator Gold on Calendar Number 1165.
15 SENATOR TRUNZO: Senator Gold,
16 this is bill to grant counties and other
17 localities an ability to develop and implement a
18 tax abatement program which targets strategic
19 industries. It's an option, you know, a local
20 option program, to provide localities the
21 flexibility, the authority needed to target
22 these heavy tax abatements to key industries
23 within their areas.
5800
1 SENATOR LEICHTER: Yes, Mr.
2 President.
3 ACTING PRESIDENT KUHL: Senator
4 Leichter.
5 SENATOR LEICHTER: Would Senator
6 Trunzo yield, please?
7 ACTING PRESIDENT KUHL: Senator
8 Trunzo, do you yield to Senator Leichter?
9 SENATOR TRUNZO: Yes.
10 ACTING PRESIDENT KUHL: Senator
11 Trunzo yields.
12 SENATOR LEICHTER: Senator, what
13 are the standards under which you determine that
14 the ICIB that you're establishing for Suffolk
15 County will have the authority to grant tax
16 exemptions?
17 SENATOR TRUNZO: Well, under 380
18 -- Section 385(b) -- 385(b) of the Real Proper
19 ty Law, there is a tax exemption, but it covers
20 everybody; in other words the town, by local
21 option, would cover every individual or heavy
22 industry with a tax abatement.
23 This section of law we're
5801
1 creating now would permit a particular community
2 to -- you know, to set up with a board that's
3 being set up at all levels of government to take
4 -- partake in the decision-making of what
5 industries should receive some preferential
6 treatment in tax abatements such as in Suffolk
7 County where a lot of technical industries are
8 moving out there, maybe some incentive for them
9 to come if they can get some tax abatements.
10 SENATOR LEICHTER: Yes, Senator,
11 if you would be good enough to continue to
12 yield.
13 ACTING PRESIDENT KUHL: Senator,
14 you continue to yield?
15 SENATOR TRUNZO: Yeah.
16 ACTING PRESIDENT KUHL: Senator
17 Trunzo continues to yield.
18 SENATOR LEICHTER: If I under
19 stand what you're saying, there is presently
20 authority for ICIB tax exemption, is that
21 correct?
22 SENATOR TREUNZO: There is
23 authority for tax exemptions right now under 485
5802
1 (b) of the Real Property Tax Law.
2 SENATOR LEICHTER: Right, and
3 could you explain again how your bill modifies
4 or alters the grant of that tax exemption?
5 SENATOR TRUNZO: What happens
6 right now under that particular section of law,
7 a town board can elect to go in and give tax
8 exemptions, you know, starting with 50 percent,
9 40, 30, working for a period or number, I
10 believe of ten years of tax exemption to all
11 industry within that particular community and
12 the town can opt in or opt out of that
13 particular section. If they feel, you know,
14 which I know many towns feel that they can't
15 afford to do this any longer, have stopped
16 giving that exemption.
17 Now, under this particular
18 legislation, the strategic industries, we are
19 creating a board within the county that includes
20 the cities, the towns, the villages, the school
21 districts and all involved who will make general
22 decisions as to what type of industry, not all
23 industry, but what type of industry should get
5803
1 an exemption.
2 SENATOR LEICHTER: So am I
3 correct, as I understand it, that your bill then
4 sets up this board which will have the right and
5 the power to limit the grant of the ICIB
6 exemption to particular industries or industries
7 that create certain number of jobs?
8 SENATOR TRUNZO: That's right.
9 SENATOR LEICHTER: And am I also
10 correct there's no standards in your bill as to
11 how they exercise this?
12 SENATOR TRUNZO: No, there are no
13 standards. This would be a determination by the
14 representatives of all levels of government
15 within that county -
16 SENATOR LEICHTER: But they have
17 to -
18 SENATOR TRUNZO: -- to make the
19 decision.
20 SENATOR LEICHTER: They have the
21 right to limit or modify the grant now which you
22 say is all-encompassing.
23 SENATOR TRUNZO: Would be all
5804
1 encompassing, right.
2 SENATOR LEICHTER: And I'm not
3 sure what I would like to see as the answer to
4 this question, but do you think it would be wise
5 for the Legislature to try to set some
6 parameters, some criteria, some standards as
7 to -
8 SENATOR TRUNZO: You've got
9 different towns -
10 SENATOR LEICHTER: What we think
11 makes -
12 SENATOR TRUNZO: -- different
13 sections of the state; it's a statewide bill.
14 It's not only a Suffolk County bill and you find
15 different industries in different parts of the
16 state that may be, you know, the main industry
17 in that area that they would want to continue
18 attracting and, therefore, those municipalities
19 can make the decision as to who they should give
20 the tax abatement to, to try to encourage the
21 retention of that particular industry in that
22 area.
23 SENATOR LEICHTER: I tend to
5805
1 agree with you. I think it makes sense.
2 SENATOR TRUNZO: Last section.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section.
5 THE SECRETARY: Section 4. This
6 act shall take effect on the 1st day of January
7 next succeeding the date on which it shall have
8 become a law.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 52.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1191, by Senator Cook, Senate Bill Number 2549
17 A, an act to amend the Education Law.
18 SENATOR STAVISKY: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Cook, an explanation has been asked for on
21 Calendar Number 1191 by Senator Stavisky.
22 SENATOR COOK: Mr. President, in
23 a word, that bill conforms the process by which
5806
1 small cities would adopt budgets to be the same
2 as the process that's currently utilized by
3 central school districts.
4 ACTING PRESIDENT KUHL: The Chair
5 recognizes Senator Stavisky.
6 SENATOR STAVISKY: Would the
7 sponsor yield for one or two questions?
8 SENATOR COOK: Yes.
9 ACTING PRESIDENT KUHL: Senator
10 Cook, do you yield?
11 SENATOR COOK: Yes.
12 ACTING PRESIDENT KUHL: Senator
13 Cook yields. Senator Stavisky.
14 SENATOR STAVISKY: Is it true
15 that NYSUT, representing many of the teachers
16 employed in these small city school districts
17 has filed a memo in opposition?
18 SENATOR COOK: Yes, it is,
19 Senator.
20 SENATOR STAVISKY: Is it true
21 that the Association of Small City School
22 Districts, the employers has also filed a memo
23 in opposition?
5807
1 SENATOR COOK: Yes, it is,
2 Senator.
3 SENATOR STAVISKY: I'm not sure
4 about the next question, but has the New York
5 State School Boards Association also opposed
6 this bill?
7 SENATOR COOK: I don't have a
8 filing, but it's our understanding they oppose
9 it.
10 SENATOR STAVISKY: They oppose
11 it, but I've not seen the memo.
12 Thank you very much, Senator.
13 ACTING PRESIDENT KUHL: Senator
14 Stavisky, on the bill.
15 SENATOR STAVISKY: The sponsor,
16 unintentionally I believe, has managed to unite
17 the employer, and the employees in opposition to
18 this legislation. That means that the school
19 boards in the small city school districts and
20 the teachers in the small city school districts
21 think this is a bad idea.
22 Under those circumstances, there
23 should be some signals to sponsors of
5808
1 legislation that perhaps there are enough
2 unanswered questions that have generated the
3 opposition of very responsible organizations.
4 It's not often that we find that the school
5 boards as employers and the employee
6 organizations, the teachers' union are in
7 agreement, and I think under the circumstances
8 we in the Legislature should be very careful not
9 to move for the adoption of this bill.
10 What you have here is a confusion
11 between the things that the voters will be able
12 to vote on and the things they will not be able
13 to vote on. Throughout the state of New York,
14 there's a lot of unhappiness with wasteful
15 expenditures or questionable expenditures, by
16 all types of governments, not just school
17 districts. Towns, cities, villages, counties,
18 are all -- and the state of New York are all
19 subject to the adoption of policies which the
20 voters are not happy with.
21 If I may quote an organization
22 called CHANGE New York, that's what CHANGE New
23 York was trying to change, and it's not that I
5809
1 embrace their philosophy, I'm simply saying that
2 they have touched upon a raw nerve. But do we
3 give to the voters throughout the state of New
4 York the opportunity to comment on appropria
5 tions by the state, by the counties, by the
6 towns, by the villages and other units of local
7 government? Absolutely not.
8 The school districts themselves
9 stand out there as lightning rods to voter
10 dissatisfaction with taxes and expenditures
11 inflicted upon school budgets, and I think that
12 that's unfair, very much unfair in terms of
13 public dissatisfaction with things that are done
14 by government where the only retaliation can be
15 against the school districts. Children do not
16 vote. Therefore, there is an obligation on the
17 part of the Legislature to live up to the
18 provisions of Article XI, Section 1, of the New
19 York State Constitution that we shall provide
20 for a system of free common schools and the
21 funding for such schools wherein all of the
22 children of the state maybe educated; and that
23 doesn't mean that all of the children are
5810
1 educated in public institutions, but we should
2 not set up a vulnerability, an unintentional
3 vulnerability for the school funding when no
4 other policies of government are subject to
5 voter approval or disapproval.
6 So what happens? There's a
7 movement to stop unnecessary funding. Bang!
8 The only place where you can express your
9 opposition is in the school vote, and I think
10 given that circumstance, that this is a terribly
11 unfair piece of legislation. It's also unfair
12 because there is not a clear distinction between
13 what is permitted after the defeat of a school
14 budget and what is not permitted after the
15 defeat of a school budget, and the idea of the
16 austerity budget should be clarified.
17 Right now, even if this were
18 approved, many parts of the school budget are
19 still in limbo. Yes, they can knock out certain
20 expenditures. Yes, they can knock out certain
21 things that they don't like in the budget. But
22 did you note that the basic educational program
23 can't be knocked out? Did you know also that
5811
1 only discretionary transportation and libraries
2 and the extracurricular activities, including
3 the sports programs which keep many kids
4 interested in the school, interested in
5 attending classes so they can participate in the
6 athletic programs, that will fall victim to this
7 kind of legislation?
8 I think that, under the circum
9 stances, many of the programs for remediation,
10 some of the needy programs and others will also
11 fall victim to this kind of legislation. Let us
12 decide what should be funded. Let us provide
13 adequate funding at the state level. Let us
14 encourage those cities, small cities, the
15 so-called "Hurd decision" cities, to be able to
16 support at their end with local funding in a
17 fair way the kinds of educational programs that
18 need to be funded.
19 I live in a large city.
20 Nevertheless I do not wish to see any school
21 child vulnerable because there has been an
22 unfair repudiation of the school budget that is
23 not extended to any other appropriation of
5812
1 government and, under the circumstances, I urge
2 you to follow the advice of the New York State
3 School Boards Association, the New York State
4 Association of Small City School Districts and
5 NYSUT representing many of the teachers in these
6 school districts. Follow their advice and vote
7 "No" on this bill.
8 SENATOR COOK: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Cook.
11 SENATOR COOK: Mr. President, I
12 thought it was kind of interesting that Senator
13 Stavisky mentioned the employees and the
14 employers. The one group he didn't mention was
15 -- and didn't ask me, and that's the people who
16 pay the bill, who are the taxpayers.
17 Senator Stavisky certainly
18 remembers as well as anyone, probably better
19 than anyone in this chamber, when the
20 constitutional tax limit on small cities was
21 removed. That was done, I forgot how many years
22 ago now. That was done by a Constitutional
23 Amendment, and it was done at the time when a
5813
1 commitment was made to the people in those
2 districts that, if we removed the constitutional
3 tax limit which was their protection at the time
4 against excessive taxation, that we would
5 substitute for it the vote on school budgets
6 which is what all the other school districts in
7 the state have and that is the reason Senator
8 Donovan, before me, and I have persisted in
9 trying to get this bill passed year after year.
10 I think it is a commitment that
11 we made to the residents of small city school
12 districts all those years ago, and I won't even
13 argue whether it's a good idea or a bad idea,
14 but it was a commitment on the part of the
15 leadership of this state at the time and, for
16 that reason, if for no other reason, it ought to
17 be passed.
18 SENATOR STAVISKY: Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Stavisky.
21 SENATOR STAVISKY: Would you
22 yield for just one more question?
23 ACTING PRESIDENT KUHL: Senator
5814
1 Cook, do you yield?
2 SENATOR COOK: Yes.
3 SENATOR STAVISKY: Are these
4 taxpayers for whom you speak the taxpayers who
5 finance local expenditures for education, are
6 they the same taxpayers who also pay taxes for
7 county government, city government, town and
8 village government and state government as well
9 as the federal government?
10 SENATOR COOK: Senator, they are,
11 but indeed they are also the only taxpayers that
12 indeed is the only entity of government that
13 does not have a constitutional tax limit. The
14 school districts are the only entity of
15 government that does not have a constitutional
16 tax limit. That's why they have votes on the
17 budgets because that is a quid pro quo for not
18 having a constitutional tax limit.
19 These people, the folks who live
20 in small city school districts, are the only
21 people who have neither the constitutional tax
22 limit nor the vote.
23 SENATOR STAVISKY: It seems to me
5815
1 that it's just ludicrous -
2 ACTING PRESIDENT KUHL: Chair
3 recognizes Senator Stavisky.
4 SENATOR STAVISKY: -- that we
5 should not be concerned with waste and
6 inefficiency in any level of government whether
7 under Republican or Democratic jurisdiction or
8 non-partisan jurisdiction, because waste is
9 waste and unnecessary taxes are unnecessary
10 taxes, and until we give to the voters, the
11 ability to knock out wasteful expenditures by
12 any level of government, and to zero in on these
13 expenditures, to be able to judge what the
14 officials, the local officials of the towns and
15 villages and counties in the state and the
16 federal government have done, I think this beats
17 up on children and they're the ones who suffer
18 and they're the ones who can't vote and they're
19 the ones who do have to be protected, and I
20 think for these reasons and the others that I've
21 stated, this is not the best way to go and we
22 should be prepared to follow the advice of the
23 employers and the employees and responsible
5816
1 advocates for education by voting "no".
2 ACTING PRESIDENT KUHL: Is there
3 any other Senator wishing to speak on this bill?
4 Senator Stachowski.
5 SENATOR STACHOWSKI: Mr.
6 President, on this bill, I have memos from the
7 city, the small city I represent, Lackawanna, in
8 opposition to this as well as the memos that
9 Senator Stavisky mentioned, and my problem is
10 that I don't know any school districts where
11 their budgets are constantly defeated or not
12 whose local school taxes go down, and in the
13 case of these small cities, the only thing I see
14 happening by having a separate school board
15 budget vote is that their taxes are going to go
16 up eventually and in most of these small cities
17 and in the one I represent in particular, the
18 businesses that are located there want anything
19 but to have school taxes go up and, in their
20 case, most of the business people that have the
21 businesses there do not live there, so they
22 won't even be voting on these school budgets.
23 The school budgets will be increasing, and these
5817
1 businesses will be taxed to the point that
2 they'll be leaving this city that has all kinds
3 of financial difficulties anyway, mainly because
4 of the departure of Bethlehem Steel's presence
5 and here's a city that's barely surviving, a
6 school district that is in immense turmoil and,
7 although I'd love to see the people have the
8 opportunity to vote, at this point in time, I
9 just can't support this and, for that reason,
10 I'm rising to speak against it and to vote
11 against it.
12 Thank you.
13 ACTING PRESIDENT KUHL: Senator
14 Jones.
15 SENATOR JONES: Yes. On the
16 bill.
17 ACTING PRESIDENT KUHL: Senator
18 Jones, on the bill.
19 SENATOR JONES: I voted for the
20 bill last year, and I will vote for it this
21 year, but only because I do believe that voters
22 should have every opportunity for input, but I
23 have to warn, maybe the word I want to say our
5818
1 colleagues and actually say, you well know we
2 are not giving them a gift. We are giving them
3 something that they have less than ten percent
4 control of, and I live in -- happen to be in a
5 district that has both sides of this fence.
6 I live in a -- I have many
7 suburban school districts, one of whom this year
8 put up an eight percent tax increase that was
9 resoundingly voted down only to return with a
10 contingency budget that was 8.3. Now, what does
11 that say to voters? It really doesn't say much,
12 what we've given them in the line of voting and
13 then I have on the other hand the big city that
14 you end up with a war between your government
15 entity and your school district, one who's
16 taxing, the other who is setting the budget.
17 So I will support it only
18 because, you know, I do believe in everyone
19 having an opportunity to vote, but I think we're
20 just passing the buck. I think we also have an
21 additional obligation to start looking at a
22 contingency budget and looking at the whole
23 issue of funding schools and not just be passing
5819
1 it on to a school district that takes the flack
2 from everybody for what's happening here.
3 So you know, I have every
4 confidence. I know Senator Cook has been
5 looking for -- at lots of areas in education
6 where we can fix this problem, so I have
7 confidence he will continue to do that, but I
8 think we need to keep that in mind. We really
9 are not giving any gift to a taxpayer who really
10 has say in less than ten percent of what they're
11 voting on.
12 ACTING PRESIDENT KUHL: Senator
13 Dollinger.
14 SENATOR DOLLINGER: Mr.
15 President, I concur with the comments that
16 Senator Jones expresses with respect to change
17 in the -- in the way we handle austerity budget
18 and budget votes.
19 I rise simply to speak in favor
20 of this. I represent, I believe, the eighth
21 largest school district in New York State in the
22 town of Greece, a school district with none -
23 which nonetheless has to put its budgets up for
5820
1 a vote and, last year in 1993, drew almost
2 18,000 people out for a school board election,
3 and it seems to me that the -- if we were making
4 a determination that had to do with size, there
5 might be some way to justify an exclusion for
6 big entities that require extensive votes.
7 But we're not doing that. What
8 we -- what this bill tends to do is to extend to
9 small cities the same requirement that applies
10 to suburban school districts like the one I
11 represent.
12 I will be voting in favor of this
13 because of the consistency that this bill
14 creates.
15 SENATOR GOLD: Last section.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 18. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll. )
23 ACTING PRESIDENT KUHL: Announce
5821
1 the results.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 1191 are
4 Senators Connor, Espada, Gold, Kruger, Leichter,
5 Markowitz, Mendez, Onorato, Paterson, Smith,
6 Solomon, Stachowski and Stavisky. Ayes 40, nays
7 13.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1287, by Senator Rath, Senate Bill Number 8605.
12 SENATOR PRESENT: Lay aside
13 temporarily.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside temporarily.
16 THE SECRETARY: Calendar Number
17 1290, by Senator Stafford, Senate Bill Number
18 443, Environmental Conservation Law.
19 SENATOR GOLD: Explanation.
20 SENATOR PADAVAN: Lay it aside
21 for the day.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside for the day.
5822
1 THE SECRETARY: Calendar Number
2 1323, by the Senate Committee on Rules, Senate
3 Bill Number 86....
4 SENATOR PADAVAN: Lay it aside
5 for the day.
6 ACTING PRESIDENT KUHL: Lay aside
7 for the day.
8 THE SECRETARY: Calendar Number
9 1332, by Senator Volker, Senate Bill Number
10 5396-A, an act to amend the Retirement and
11 Social Security Law.
12 SENATOR LEICHTER: Explanation.
13 SENATOR MALTESE: Mr. President,
14 this bill really should be called an attempt at
15 equalizing benefits for members of the State
16 Police. It's at the request of the State Police
17 officers.
18 What this act calls for is the
19 inclusion of 30 days of unused accumulated
20 vacation pay in the final average salary for the
21 purposes of retirement benefits. This bill
22 would liberalize the final average salary
23 calculations for those tier -- all Tier II State
5823
1 Police officers hired after April 1st, 1972 and
2 all Tier II State Police officers.
3 The average cost, the -- I'm
4 sorry. It would entail a one-time service cost
5 of $12 million which would be borne by the state
6 of New York as a one-time payment and would be
7 an increase in the annual contributions of the
8 state of New York of approximately eight-tenths
9 of one percent of the annual salary of Tier II
10 police officers.
11 Tier II members -- Tier II
12 members have, in essence, a cap on the computa
13 tion of final average salaries. These same Tier
14 II police officers are treated very differently
15 than Tier I officers and, in addition, are
16 treated very differently than local police
17 officers. For example, local police officers
18 have the option to convert to a one-year final
19 average salary.
20 In addition, the local officers
21 generally have a higher mandatory retirement
22 age, have a greater amount of eligible maximum
23 termination pay days and overall are treated
5824
1 much better as far as retirement is concerned by
2 the pension plan.
3 So, in essence, what we're trying
4 to do is equalize the benefits of the Tier II
5 police officers and bring them more into line
6 with the benefits already received by Tier I
7 State Police officers.
8 ACTING PRESIDENT KUHL: Chair
9 recognizes Senator Leichter.
10 SENATOR LEICHTER: Yeah. Senator
11 Maltese, I notice that in the -- if you will be
12 good enough to yield, please.
13 ACTING PRESIDENT KUHL: Senator
14 yields.
15 SENATOR LEICHTER: And I
16 appreciate your carrying the cudgels for Senator
17 Volker. I'm -- I miss, I know as everybody
18 does, his being here and arguing for his bills,
19 but I know that you do it very effectively.
20 But I am concerned as I look at
21 the fiscal note attached to the bill that
22 there's going to be a one-time contribution of
23 $12 million. That's the -- that's just for the
5825
1 back obligations. Then in addition, of course,
2 there's going to be a continuing cost to the
3 pension system, is that correct?
4 SENATOR MALTESE: That's
5 correct. The continuing cost after the $12
6 million payment, as I indicated, would be .8 -
7 eight-tenths of one percent per year, the
8 continuing cost of the change. It would be the
9 difference between the retirement they receive
10 now and the retirement they would receive adding
11 in the accumulated 30 days of unused vacation
12 pay.
13 SENATOR LEICHTER: Senator, where
14 are we going to find the $12 million for that
15 one lump sum payment?
16 SENATOR MALTESE: I'm advised
17 that some of the $12 million is, in fact,
18 included in the budget. How much? It's going
19 to roll into two fiscal years, so apparently
20 there is -- there is or there has been some
21 steps taken so that the present budget and
22 hopefully next year's budget would cover the $12
23 million expenditure.
5826
1 SENATOR LEICHTER: Senator, was
2 that $6 million put in the -- what, the state
3 appropriations?
4 SENATOR MALTESE: Mr. President,
5 I'm advised that because the -- these
6 expenditures would not be made until these
7 members of the State Police force applied for
8 retirement the majority of this expenditure
9 would not be made except in future years and
10 that apparently they're figuring out that it
11 would be four and eight, $4 million in the
12 coming year and $8 million in the year
13 thereafter.
14 SENATOR LEICHTER: And Senator,
15 did I understand you correctly that we have put
16 money in the budget for that specific payment?
17 SENATOR MALTESE: Is that so?
18 That's what we're advised.
19 SENATOR LEICHTER: Senator, I
20 accept what you say. I'm surprised because that
21 wasn't my belief, but -
22 ACTING PRESIDENT KUHL: Senator
23 Maltese, do you continue to yield?
5827
1 SENATOR MALTESE: Yes.
2 ACTING PRESIDENT KUHL: Senator
3 yields.
4 SENATOR LEICHTER: Let me turn to
5 what, as I understand, the rationale for this
6 bill. There's the difference between what
7 presently exists between Tier I and Tier II as
8 it affects the State Police, is that correct?
9 SENATOR MALTESE: That's
10 correct.
11 SENATOR LEICHTER: Would you be
12 in favor of wiping out all the distinctions
13 between Tier I and Tier II?
14 SENATOR MALTESE: Yes, I -- Mr.
15 President, I don't know how Senator Volker would
16 feel, but I would be in favor of wiping out the
17 distinction as it affects members of the State
18 Police and local police.
19 SENATOR LEICHTER: Senator, can I
20 try to understand your rationale, why you want
21 to wipe out that distinction only for the State
22 Police? There are other employees of the state,
23 in fact, they sit right here. Some are Tier I,
5828
1 some are Tier II, some are Tier III. Would you
2 be in favor of wiping out those distinctions?
3 SENATOR MALTESE: Mr. President,
4 those distinctions have built up over a long
5 period of time. Because I have a personal
6 interest, I'd rather not comment on our -- our
7 benefits, but as to members of the State Police
8 and as to members of local police forces, I feel
9 that they are entitled to the extra recompense,
10 they are entitled to the extra benefits and, if
11 they serve the minimum amount of years, 20
12 years, and if they have reached the permitted
13 age of retirement, 55 I believe, then -- or a
14 combination thereof, then I believe they should
15 receive the same benefits.
16 SENATOR LEICHTER: Senator, I'm
17 still having a difficulty in understanding why
18 you distinguish between State Police and local
19 police and other employees of the state.
20 SENATOR MALTESE: Mr. President,
21 that's the very point I'm making.
22 ACTING PRESIDENT KUHL: Senator
23 Maltese. Senator Leichter, are you asking him
5829
1 to yield to a question?
2 SENATOR LEICHTER: Yes, if you
3 would, please.
4 ACTING PRESIDENT KUHL: Senator
5 Maltese, will you yield to a question?
6 SENATOR MALTESE: Mr. President,
7 that's the very point I'm making. My question
8 to Senator Leichter should be why do you
9 distinguish between members of the local police
10 and members of the State Police who are in Tier
11 II?
12 At the present time, there is a
13 great distinction, and these State Police
14 covered under Tier II are treated differently
15 and are treated and are, in fact, discriminated
16 against by receiving far less benefits.
17 SENATOR LEICHTER: If Senator
18 Maltese will continue to yield.
19 ACTING PRESIDENT KUHL: Senator
20 Maltese, do you continue to yield. Senator
21 continues to yield.
22 SENATOR LEICHTER: Senator, I
23 happened to vote against setting up these
5830
1 various tiers because I think it did create some
2 invidious distinctions, and I think made it
3 difficult people working side by side performing
4 the same duty and yet receiving far different
5 benefits, but what I don't understand is why
6 that problem exists only in the State Police.
7 Doesn't it exist in other services to the state
8 of New York, where we have Tier I and Tier II
9 and the same differences in retirement exist?
10 SENATOR MALTESE: Mr. President,
11 I think the good Senator Leichter would agree
12 that, while service as a state Senator or other
13 service for the state in an administrative
14 capacity or any clerical capacity would have its
15 sacrifices, I don't think that there would be
16 much disagreement that service as a State
17 Policeman would entail more risk, more danger
18 and thus, in my opinion at least, be entitled to
19 additional benefits.
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Maltese, do you continue to yield? Senator
23 yields.
5831
1 SENATOR LEICHTER: You're
2 absolutely correct that State Police, local
3 police take a risk; in some respects, we can
4 never compensate them enough because these are
5 people who risk their lives for us, but that
6 still doesn't explain, Senator, why we would
7 permit discrimination in pension and that's
8 really what you're saying, pension benefit for
9 some employees, but we're saying that for the
10 State Police the nature of their duty makes that
11 sort of discrimination unwise.
12 I don't understand it. I think
13 it's a matter of the compensation that you give
14 the State Police, but I can't -- I can't accept
15 the argument that discrimination and pension
16 benefits is -- is acceptable for all state
17 employees except State Police, but that's your
18 position, isn't it?
19 SENATOR MALTESE: Mr. President,
20 that isn't exactly my position. I am aware that
21 there are many fiscal and financial restraints.
22 There are many restrictions and confines within
23 which we have to operate, and we have to work as
5832
1 a fiscally responsible Legislature. The -
2 certainly many of us would feel that we should
3 be more generous to various of the employees,
4 past and present, of the state who are now
5 receiving retirement benefits. At the same time
6 there are costs involved, and it will take time
7 and it will take legislation and good will on
8 the part of many people to try to, in some
9 cases, equalize but hopefully in all cases
10 utilize the element of fairness so that we can
11 remedy any of the inequities.
12 This appears to be an inequity as
13 it relates to members of the State Police, a law
14 enforcement body, and this legislation is a
15 partial answer as it relates to members of the
16 State Police to equalize their benefits and the
17 benefits of the other members of the State
18 Police in Tier I and local law enforcement
19 officials -- policemen.
20 SENATOR LEICHTER: Yeah, Mr.
21 President. If Senator Maltese will continue to
22 yield.
23 ACTING PRESIDENT KUHL: Senator
5833
1 Maltese, do you continue to yield?
2 SENATOR MALTESE: Yes.
3 ACTING PRESIDENT KUHL: Senator
4 continues to yield.
5 SENATOR LEICHTER: Senator
6 Maltese, this bill deals with the pension
7 discrimination, if you will, or variation
8 between Tier I and Tier II. How about those
9 police officers, State Police, local police that
10 are in Tier III? You're still going to have a
11 distinction between men and women serving in the
12 State Police doing the same duty. Some now are
13 in Tier III; I guess we also have Tier IV, which
14 have different pension benefits.
15 Why does your bill just address
16 the difference between Tier I and Tier II and I
17 understand, it's Senator Volker's bill.
18 SENATOR MALTESE: Well, Mr.
19 President, certainly there is a distinction here
20 and we are working within certain confines,
21 fiscal restraints, and it affects a certain
22 amount of members of the State Police in Tier
23 II. Certainly, if Senator Leichter would care
5834
1 to introduce a bill applying to members of Tier
2 III, it certainly would be -- as it relates to
3 State Police, it would be a bill that I would
4 look sympathetically on and I personally, I
5 don't speak for Senator Volker, but a bill that
6 I could support.
7 SENATOR LEICHTER: Mr. President,
8 first let me thank my good friend for his
9 answers and they're articulate and forceful and
10 somewhat persuasive, but not fully persuasive as
11 always.
12 ACTING PRESIDENT KUHL: Senator
13 Leichter, on the bill.
14 SENATOR LEICHTER: Just on the
15 bill.
16 My colleagues, I've often gotten
17 up on the floor and tried to argue for consist
18 ency and logic and, much as I'd like to benefit
19 members of the State Police for many reasons,
20 primarily, of course, the service that they do
21 to the people of the state of New York, but I
22 have difficulty with the rationale of this
23 bill.
5835
1 Even if I could accept, and I do
2 not, the argument that we have to treat State
3 Police differently because of the nature of
4 their work, it seems to me that ought to be
5 reflected, and I think is reflected in their pay
6 and since we've established a state policy that
7 we would have various tiers on pension benefits,
8 I can't say that I can exempt members of the
9 State Police from that.
10 But this bill doesn't even wipe
11 out all of the distinctions. All it does, it
12 deals with one distinction that exists between
13 Tier I and Tier II and far from creating greater
14 uniformity, this creates greater exceptions and
15 I -- I've argued against that on the floor in
16 any number of areas. I -- I don't think,
17 Senator Maltese, it's an answer to say, well,
18 you made a good point. Why don't you put in a
19 bill. If -- if the logic of your argument is
20 going to prevail, Senator, then it seems to me
21 that it's the obligation of the sponsor or you,
22 as the person who is defending this bill, to
23 say, You know something? You're right. I'm
5836
1 going to wipe out all the distinctions and I
2 can't see that we would say, Well, you know,
3 we've got $12 million, we'll apply it just to
4 wiping out the -- this difference between Tier I
5 and Tier II for one class of people.
6 I have a lot of question that
7 there really is money in the budget for this,
8 because I can not understand why we would put up
9 money solely for this class of state employees.
10 I don't think there's any basis or rationality
11 for it and, for that reason, much as I'd like to
12 assist and help and compensate and reward State
13 Police, I just don't think there's a logic to
14 this, and I just don't think that we can respond
15 in this helter-skelter fashion to this group,
16 that group, part of a group, this individual,
17 that individual.
18 We have a responsibility. We're
19 legislating for 18 million people. We need a
20 consistency in our laws. We need uniformity in
21 our laws. We need fairness in our laws and,
22 frankly, under those tests, Senator Maltese, I'm
23 afraid that Senator Volker's bill fails.
5837
1 ACTING PRESIDENT KUHL: Senator
2 Dollinger.
3 SENATOR DOLLINGER: Mr.
4 President, will the sponsor yield to just one
5 question?
6 ACTING PRESIDENT KUHL: Senator
7 Maltese, do you yield to just one question?
8 SENATOR MALTESE: Yes.
9 ACTING PRESIDENT KUHL: Senator
10 yields.
11 SENATOR DOLLINGER: As I
12 understand it, this bill would require an annual
13 employer contribution of .8 percent of the Tier
14 II salaries for State Police officers?
15 SENATOR MALTESE: Yes,
16 eight-tenths of one percent.
17 SENATOR DOLLINGER: Eight-tenths
18 of one percent of what number is the question?
19 What's the annual payroll for Tier II State
20 Police officers, if you know?
21 SENATOR MALTESE: We -- Mr.
22 President, I understand that Senator Volker's
23 office requested a fiscal note. They did not
5838
1 give the annual payroll of the State Police but
2 simply indicated that it was eight-tenths of one
3 percent of the annual payroll.
4 SENATOR DOLLINGER: O.K. So we
5 don't know what that annual contribution will be
6 on the state.
7 Just a follow-up question, again
8 if Senator Maltese will -
9 ACTING PRESIDENT KUHL: Senator
10 Maltese, do you yield to a follow-up
11 question?
12 SENATOR MALTESE: Mr. President,
13 I understood there was only one question, but
14 I'll be glad to yield.
15 SENATOR DOLLINGER: I thank my
16 colleague for his deference, Mr. President.
17 My question is, obviously there's
18 a difference between the Tier I and Tier II
19 approach to State Police officers. There must
20 be a logic behind that differential. What was
21 the differential and what, if anything, has
22 changed that would require us to re-examine it?
23 SENATOR MALTESE: Mr. President,
5839
1 I didn't hear the end of the question.
2 SENATOR DOLLINGER: Well, there
3 is a difference between the Tier I and the Tier
4 II pension requirements and benefits with
5 respect to vacation, the others that are
6 outlined in the sponsor's memo. My question is,
7 why are those differences -- why do they, exist
8 because they are obviously part of when we
9 passed the Tier II system there is obviously an
10 explanation as to why we couldn't continue Tier
11 I, and my question is what has changed now since
12 then to have us re-examine that rationalization
13 for the difference?
14 SENATOR MALTESE: Mr. President,
15 the differentiation between Tier I and Tier II,
16 of course, relates to the point of beginning of
17 service. As to what has changed, I think the
18 passage of time and the fact that probably a
19 majority of the Tier I employees have already
20 retired in view of the mandatory retirement age
21 of 55, and obviously, the class that we're
22 dealing with now is a much larger proportion of
23 the present members of the State Police.
5840
1 But, Mr. President, I'm aware
2 that doesn't completely answer the question as
3 to what factor brought this change about. I
4 don't know.
5 SENATOR DOLLINGER: I guess, Mr.
6 President, I guess my final question then would
7 be, was it because we couldn't afford it the
8 first time around; is that why we changed from
9 Tier I to Tier II and changed the requirements
10 because it was too expensive?
11 SENATOR MALTESE: Mr. President,
12 obviously most of the decisions relating to
13 pension are made over a period of time taking
14 into consideration the number of people
15 affected, taking into consideration the
16 comparable pension plans in private industry, in
17 government service, and I imagine the most
18 compelling factor is a -- the fiscal situation
19 prevailing at the time as far as taxpayer
20 dollars available for those priorities.
21 SENATOR DOLLINGER: Thank you,
22 Mr. President.
23 ACTING PRESIDENT KUHL: Secretary
5841
1 will read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll. )
7 ACTING PRESIDENT KUHL: Announce
8 the results.
9 THE SECRETARY: Ayes 51, nays
10 two, Senators Leichter and Paterson recorded in
11 the negative.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1339, by Senator Spano.
16 ACTING PRESIDENT KUHL: Senator
17 Gold.
18 SENATOR GOLD: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Spano, an explanation has been asked of you for
21 Calendar Number 1339 by Senator Gold.
22 SENATOR SPANO: Mr. President,
23 this bill would require that when a temporary
5842
1 employee does not contact the temporary help
2 firm for reassignment when that original
3 assignment is completed, it would be deemed a
4 voluntary quit and the employee would not be
5 eligible for unemployment insurance benefits.
6 SENATOR GOLD: Mr. President.
7 ACTING PRESIDENT KUHL: Chair
8 recognizes Senator Gold.
9 SENATOR GOLD: I just want to
10 point out that there is a memorandum in
11 opposition on this from the New York State
12 AFL-CIO, which basically says there is no set
13 definition of, quotes, "temporary employee" in
14 New York State law. The definition is important
15 given the issue of employee leasing which has
16 consumed so much attention of late. A recurrent
17 question is whether the temporary agency is, in
18 fact, an employer and whether appropriate levels
19 of social insurance premium are being paid on
20 behalf of workers referred by such agencies.
21 Senator Spano, maybe you want to
22 comment on that?
23 SENATOR SPANO: Mr. President.
5843
1 ACTING PRESIDENT KUHL: Senator
2 Spano.
3 SENATOR SPANO: I believe that
4 this bill does address some of the concerns of
5 AFL-CIO. I don't quite understand some part of
6 the memo. They're mixing apples and oranges by
7 comparing temporary employees to employee
8 leasing, but it is a fact here that the
9 temporary agencies are, in fact, employers and
10 must pay all of the benefits that are due to the
11 employees who are working for them.
12 SENATOR GOLD: Well, Mr.
13 President.
14 ACTING PRESIDENT KUHL: Senator
15 Gold.
16 SENATOR GOLD: The memo which I
17 just referred to has a time stamp in my file of
18 May of this year, and it's been around and I see
19 no amendment, Senator Spano, so there's been no
20 withdrawal of their opposition and apparently no
21 attempt to change any language to make them more
22 secure. So they stand apparently where they
23 were in the beginning, opposed to the
5844
1 legislation for the reasons stated.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 30th day after it
6 shall have become a law.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Those recorded in
11 the negative on Calendar Number 1339 are
12 Senators Espada, Gold, Leichter, Markowitz,
13 Mendez, Onorato, Paterson, Smith, Solomon,
14 Stachowski and Stavisky. Ayes 42, nays 11.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1344, by Senator Saland, Senate Bill Number
19 8440, an act to amend the Family Court Act.
20 SENATOR GOLD: Mr. President,
21 will the Senator yield to a question?
22 ACTING PRESIDENT KUHL: Senator
23 Saland, do you yield to Senator Gold?
5845
1 SENATOR SALAND: Certainly.
2 ACTING PRESIDENT KUHL: Senator
3 Gold.
4 SENATOR GOLD: Senator, I'll try
5 and move this along a little bit.
6 My understanding from the memo on
7 the bill is that we're trying to create a
8 statutory proceeding which you say does not now
9 exist if someone is in violation of an order, is
10 that correct?
11 SENATOR SALAND: Presently, I
12 believe it deals with the 600 section of the
13 Family Court Act.
14 SENATOR GOLD: This basically
15 deals in an area of terminating parental rights,
16 is that correct?
17 SENATOR SALAND: Correct, right.
18 There's reference to the suspended sentence or
19 suspended judgment, but there's no mechanism
20 that has been created to basically deal with
21 that if, in fact, it occurs.
22 SENATOR GOLD: Right. Well,
23 Senator, now that I think we all understand
5846
1 generally what we're talking about, this is the
2 concern that's been raised by our counsel,
3 Senator Saland. These are proceedings and these
4 are areas dealing with the termination of one's
5 parental rights, not in a voluntary manner but
6 by hearing, et cetera, and under existing law,
7 as I understand it, if you want to terminate the
8 rights, under Section 624, the evidence must be
9 competent, material and relevant and further, if
10 there's a dispositional hearing on terminating
11 parental rights, it says "material and
12 relevant."
13 Now, under your bill which sets
14 up a procedure, and I'm not arguing with the
15 concept of the procedure, you only make
16 reference to competent evidence, and that seems
17 to be a lower degree of evidence than it would
18 be if it was in line with the other sections,
19 material and relevant and competent, and the
20 only question we have is, not setting up the
21 procedure, Senator, but when you're dealing with
22 such a sensitive area of terminating parental
23 rights of a human being, why would we want to
5847
1 lower the standard of evidence?
2 SENATOR SALAND: Senator Gold,
3 I'm not quite certain that there's any intention
4 here to reduce the standard, and I would
5 certainly think that, in any proceeding, any
6 material and relevant evidence would be
7 admitted. Whether this was an oversight in
8 draftsmanship, I'd be more than happy -
9 SENATOR GOLD: Will the Senator
10 yield to a question?
11 SENATOR SALAND: Yes.
12 SENATOR GOLD: Senator Saland,
13 knowing your reasonableness, I would have spoken
14 to you about it. This was given to me at a late
15 moment. Is it something that you might want to
16 lay it aside a day?
17 SENATOR SALAND: I will lay it
18 aside for the day.
19 SENATOR GOLD: And look it over.
20 I think the concept of having the procedure,
21 you're absolutely right. Thank you, Senator.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside for the day.
5848
1 THE SECRETARY: Calendar Number
2 1349, by Senator Padavan, Senate Bill Number
3 8610, an act to amend the Vehicle and Traffic
4 Law.
5 SENATOR GOLD: One moment,
6 please.
7 Explanation.
8 ACTING PRESIDENT KUHL: Senator
9 Padavan, an explanation has been asked for by
10 Senator Gold.
11 SENATOR PADAVAN: Yeah. This
12 bill relates to the matter of driver's licenses
13 or non-driver identification cards. It requires
14 that such documents be issued upon presentation
15 that the individual is a lawful resident of this
16 country.
17 ACTING PRESIDENT KUHL: The Chair
18 recognizes Senator Mendez.
19 SENATOR MENDEZ: Would the
20 Senator yield for a question?
21 SENATOR PADAVAN: Yes.
22 ACTING PRESIDENT KUHL: Senator
23 Padavan yields.
5849
1 SENATOR MENDEZ: Senator Padavan,
2 we know about the pre-occupation that all of us
3 have in terms of illegal immigration. Don't you
4 think that this bill of yours is assuming the
5 function of the federal government? Shouldn't
6 it be the federal government the one who should
7 be checking whether or not people are here
8 illegally or not without burdening our agency
9 with another function of finding out whether
10 someone who is applying for a driver's license
11 is a legal resident, a citizen or an illegal
12 alien?
13 SENATOR PADAVAN: Let me answer
14 your question, Senator. The prerogative and
15 authority to issuing driver's licenses remains
16 with the state. We obviously do not want to
17 issue driving license or identification cards
18 which, as you know, you don't have to be a
19 driver, you can go to Motor Vehicle Bureau and
20 get an I.D. card photo to someone who is in this
21 country illegally, because sometimes things
22 happen that we don't want to happen.
23 As an example, a bus driver
5850
1 driving family members on the New York State
2 Thruway from one of our prisons to the city of
3 New York involved in a very serious accident, a
4 number of people seriously hurt, including
5 children, one fatality, police came to the
6 scene, they found out, number one, he was an
7 illegal alien; number two, he had a driver's
8 license that had been issued to him, and he also
9 had a forged Social Security card. Now, I don't
10 think we want that sort of thing to happen.
11 Now, the federal government, INS
12 which you mention, neither has the resources nor
13 the mechanism for monitoring a state's issuance
14 of a driver's license. They're nowhere in that
15 system. That's why the state of California, the
16 state of Colorado and most recently the state of
17 New Jersey have adopted this particular
18 proposal.
19 You must also keep in mind that
20 when someone who should not be in this country,
21 and I say is here illegally, and you could be
22 here legally in many ways, you know; you don't
23 have to be -- you could be here on a visa,
5851
1 student visa, work permit, asylum, all kinds of
2 ways of being here legally, but people use motor
3 vehicle driver's licenses to then become the way
4 of entering into other programs such as social
5 services, which also we certainly don't want to
6 have happen, and that's the reason for this.
7 If INS was equipped, designed,
8 authorized to check all our drivers' licenses
9 that we issue, it would be right, but they're
10 not.
11 SENATOR MENDEZ: So then, your
12 reason then for this bill it follows that
13 whenever the federal government, any federal
14 agency, is unable to do the job that they're
15 supposed to do, then we at the state level must
16 take on those functions. But I have another
17 question for you, Mr. President, if he yields.
18 ACTING PRESIDENT KUHL: Senator
19 Padavan, do you continue to yield? Senator
20 yields.
21 SENATOR MENDEZ: And that is
22 that, you know that the last immigration law
23 that was passed, I believe in 1986 established
5852
1 the -
2 SENATOR PADAVAN: 1990.
3 SENATOR MENDEZ: -- functions,
4 penalties for employers who would, in fact, hire
5 illegal aliens.
6 SENATOR PADAVAN: Right.
7 SENATOR MENDEZ: How would this
8 affect the aliens? This bill will be affecting
9 a lot of businesses. Hopefully, we would like
10 all the businesses not to hire illegal aliens
11 but unfortunately the law of the land is that
12 they would have to pay a penalty, so your bill
13 will be affecting businesses because many -
14 assuming that there are businesses that are
15 hiring illegal aliens, they go to the Motor
16 Vehicle Bureau and upon finding that -- that
17 documentation presumes that they are illegal
18 aliens, then it's very easy to go after this
19 business person.
20 Who knows, maybe accidentally -
21 SENATOR PADAVAN: I don't know if
22 that's a question or not, Senator, but that's
23 just simply not the case. This bill places, as
5853
1 you accurately stated, your first question, a
2 responsibility on the Department of Motor
3 Vehicle Bureau to ensure that driver's licenses
4 are not issued to people who are in this country
5 illegally and it has no relevance to employers.
6 Matter of fact, I guess you could think, if you
7 wanted to really carry this out, it might help
8 employers who unwittingly -- unwittingly might
9 hire an illegal alien and violate federal law
10 because someone showed them a driver's license
11 that they shouldn't have got in in the first
12 place, so I see no negative impact on
13 employers.
14 SENATOR MENDEZ: Look -- thank
15 you. Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Mendez.
18 SENATOR MENDEZ: On the bill.
19 ACTING PRESIDENT KUHL: Senator
20 Mendez, on the bill.
21 SENATOR MENDEZ: I know that
22 Senator Padavan is very meticulous in trying to
23 -- in the legislation that he submits, to this
5854
1 chamber. I know that he cares and he is very
2 well intentioned. On the other hand, my problem
3 with this bill is that it is an instance more in
4 which, although it appears to be all right on
5 the surface and that all of us red-blooded
6 Americans will support that concept, that those
7 that are not supposed to be in this country, we
8 should chase them out, and that is acceptable;
9 yet on the other hand, it gives me the feeling,
10 Mr. President, that there are I am seeing now
11 too many, too many instances of immigrant
12 bashing occurring throughout the country, and
13 this bill definitely will have, I believe, an
14 impact on small businesses, who unwantingly
15 might or knowingly might hire an illegal alien
16 and that person suddenly would find him' or
17 herself with a heavy fine for something that he
18 or she didn't know that they were breaking the
19 law.
20 Also, why should we at the state
21 level impose a greater burden on those employees
22 and on that agency to do their work when we are
23 not providing extra amounts of monies to do so?
5855
1 The -- the illegal aliens, it is important to
2 apprehend them and to deport them, that is a
3 function of the United States federal government
4 and I don't think -- we have plenty of troubles
5 in New York, in New York State. I don't think
6 that we should take on that function.
7 Therefore, Mr. President, I will
8 not be supporting this bill.
9 ACTING PRESIDENT KUHL: The Chair
10 recognizes Senator Leichter.
11 SENATOR LEICHTER: Mr. President,
12 on the bill.
13 ACTING PRESIDENT KUHL: Senator
14 Leichter, on the bill.
15 SENATOR LEICHTER: You know, at
16 least the first response to this bill is that,
17 well, this is reasonable. I mean why should we
18 make this benefit of driving a car in New York
19 available to somebody who isn't here legally?
20 The more I think about it, Senator Padavan,
21 well, the more I'm inclined to agree with our
22 colleague, Senator Mendez, but I'll tell you one
23 thing that from the very beginning in looking at
5856
1 this bill that somewhat disturbed me, and that's
2 your legislative findings and declaration which
3 I guess embodies the view that seem to underlie
4 the report that you recently put out that
5 undocumented aliens are such a burden on the
6 state of New York, and you have statements in
7 here that I, frankly, think are somewhat
8 inaccurate as well as maybe being somewhat
9 offensive.
10 For instance, you state the
11 Legislature also finds increasing evidence that
12 undocumented immigrants account for a growing
13 percentage of the under custody population of
14 our state prison system, implying that
15 undocumented aliens or undocumented persons in
16 this state are inclined to criminality.
17 You state: The Legislature
18 hereby finds and declares that illegal
19 immigration in New York State is a serious and
20 growing problem for the state. I don't believe
21 that's the case. In fact, just recently, I
22 think Mayor Giuliani was heard to say that he
23 found that the number of undocumented people was
5857
1 actually a help and a boon to the city of New
2 York. I believe that I have read that statement
3 and I'm -- and I'm representing it accurately.
4 So I -- even if I were in favor
5 of the bill, I would have some problem with your
6 declaration of findings and legislative intent.
7 But also the more I think of the bill, Senator,
8 I think that it is the role of the federal
9 government to deal with the problem of
10 immigration. I assume that, if the state wanted
11 to and thought it was necessary and thought it
12 was appropriate and had the money for it, there
13 are a number of things that we could do to
14 enforce the federal immigration laws. We could
15 volunteer any sort of action, but I don't -- I
16 don't know what the benefit is for the people of
17 the state of New York in doing this.
18 I also don't know what the
19 consequences are, of saying that now Department
20 of Motor Vehicle has to check everybody's right
21 to be legally in the country. In some respects
22 that could be easily done if you can locate your
23 birth certificate which I believe most people
5858
1 can't. If you could, if you have a passport,
2 although even now, frankly, to my surprise the
3 Department of Motor Vehicles doesn't even -
4 doesn't even accept a passport as sufficient
5 identification.
6 SENATOR PADAVAN: Senator, will
7 you yield? You know, I've listened to about a
8 half a dozen errors, and so I'm disposed to rise
9 and this last point is particularly erroneous.
10 I would give you a list, I'll
11 hand it to you, but let me read you some of
12 them, of all the documents that are acceptable
13 to get a driver's license: The birth certificate
14 obviously, passports, visa -- all -- it's a
15 whole list of documents that you can produce at
16 the Motor Vehicle Bureau as a basis for getting
17 a license.
18 You can even be an asylee,
19 someone who has come to this country seeking
20 asylum, given that entree, and get a driver's
21 license. You also get a Social Security card.
22 There are dozens and dozens of ways to legally
23 make application and receive a driver's
5859
1 license.
2 All we're saying in this bill is
3 make sure there is one of them. They are not
4 odious in any extent. We are not enforcing the
5 immigration laws. We are simply issuing a
6 license in this state an appropriate valid way
7 because it's necessary to do that. We don't
8 want people with driver's licenses in New York
9 State who are in this country illegally.
10 Yes, a number of them are here
11 illegally to break our laws. That's why 8,000
12 of them are in our state prisons. Half of that
13 number are here illegally. It is a problem
14 whether you care to acknowledge it or not.
15 SENATOR LEICHTER: Senator.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter has the floor.
18 SENATOR LEICHTER: Since you
19 started off saying you wanted to ask me a
20 question, let me -- let me respond. Insofar as
21 the documentation that the Department now
22 accepts, I just went through that because my
23 wife, as happens occasionally, lost her driver's
5860
1 license. To get a new license, to my surprise,
2 it was not sufficient to give them a copy of her
3 passport and, if you'll read the paper that you
4 have, they provide that you have to establish
5 your identity by various documents that add up
6 to a number of, I believe it's six. A passport
7 to my disbelief, if you read this, is -- is a
8 value of only two or three, so by itself, it was
9 not sufficient.
10 SENATOR PADAVAN: True.
11 SENATOR LEICHTER: And, in fact,
12 I wrote to the Commissioner and said I felt that
13 was absurd. I think if somebody comes in and
14 shows I have a valid U.S. Passport which says "I
15 am Nina Leichter," that that is sufficient
16 identity and, therefore, I think I am correct,
17 Senator, when I say that the problem of
18 establishing your legal right to be in this
19 country is not that easy.
20 You are imposing a burden on
21 everybody in this state. Just think about it
22 for a moment, particularly if a passport is not
23 sufficient to show that you're legally in this
5861
1 country, and I would hope the Department, if
2 your bill should become law, would make
3 regulations that would accept the passport and
4 I'd be inclined to believe that they couldn't be
5 so foolish as not to do this.
6 But a lot of people don't have
7 passports. A lot of people can't find their
8 birth certificates. How do you begin to
9 establish that?
10 Senator, it is a burden and
11 Senator Mendez is also correct when she says it
12 imposes a whole range of duties upon the
13 Department of Motor Vehicles that certainly is
14 going to be expensive. So I think we've got to
15 ask ourselves, what benefit do we get from it?
16 What is the cost? What is the burden that we put
17 on all the people of the state?
18 And finally, what is the
19 rationality? If the rationality is that we in
20 New York State should do everything we can to
21 push undocumented aliens out of this state,
22 leaving aside the whole question of whether
23 Mayor Giuliani is right or wrong when he says
5862
1 that we benefit from undocumented aliens, but I
2 just question whether that's a function that the
3 state should take on, and in some instances as
4 you know, constitutionally we can't even do it.
5 Do you want to go one step
6 further and say undocumented aliens cannot be
7 admitted to emergency rooms of hospitals? Do you
8 want to say undocumented aliens can't be
9 admitted to the schools? Undocumented aliens
10 cannot receive other benefits or rights that
11 other people in this state have and that we want
12 to give or up to now at least until your bill
13 came along, that we said that we would give to
14 everybody in this state?
15 So Senator, I think as we look at
16 the bill and think about it a little more, it
17 certainly raises, I think some serious questions
18 and I think it's probably, on balance, an unwise
19 bill.
20 ACTING PRESIDENT KUHL: Senator
21 Padavan, why do you rise?
22 SENATOR PADAVAN: I'd like to
23 speak to the comments raised.
5863
1 ACTING PRESIDENT KUHL: Senator
2 Connor. Got a list going.
3 SENATOR PADAVAN: I didn't know
4 you did.
5 ACTING PRESIDENT KUHL: The Chair
6 recognizes Senator Connor.
7 SENATOR CONNOR: Thank you, Mr.
8 President.
9 Will Senator Padavan yield for a
10 question?
11 ACTING PRESIDENT KUHL: Senator
12 Padavan yields.
13 SENATOR CONNOR: Thank you,
14 Senator, and I apologize. I came in after the
15 debate began, and you may have answered this,
16 but I'm curious about the part of your bill that
17 talks about the Commissioner of Motor Vehicle
18 entering into an agreement with INS.
19 SENATOR PADAVAN: Yes, the
20 computer exchange.
21 SENATOR CONNOR: Does INS agree
22 to a statement like this?
23 SENATOR PADAVAN: They are
5864
1 working that out in California, so it's
2 something else to be explored.
3 SENATOR CONNOR: Thank you.
4 SENATOR PADAVAN: Just to answer
5 your question more fully and while I'm answering
6 yours, it might answer Senator Leichter's.
7 The bill does require the
8 Department to develop regulations which could
9 correct even what he was talking about with
10 regard to the visa because we are giving them
11 that mandate which gives regulations as to how
12 to identify someone who is here legally which
13 could not only serve a useful purpose dealing
14 with the illegal population but those who are
15 her legally.
16 SENATOR CONNOR: Mr. President.
17 ACTING PRESIDENT KUHL: Senator
18 Connor on the bill.
19 SENATOR CONNOR: Perhaps I can
20 clarify something. Senator Padavan says, well,
21 they're working it out in California and they'll
22 work it out here.
23 Well, my colleague, Senator
5865
1 Nozzolio, held hearings last year on election
2 law matters and the testimony from the state
3 officials who administer elections in our state
4 is that, when they go to INS to determine if
5 somebody is a citizen or an alien or whatever,
6 somebody who is actually voting, that INS tells
7 them it's confidential, and they won't tell the
8 state officials that.
9 Now, I can not believe they're
10 going to suddenly give the Motor Vehicle
11 Department this information if they won't give
12 the election officials this information. They
13 don't give this out. This is wonderful. I read
14 this bill. I say yeah, you have to prove all
15 this stuff to get a driver's license, and I
16 assure you, someone can register to vote, show
17 no identification. We don't require that, show
18 no proof of citizenship, merely answer the
19 question, are you a citizen, and if they check
20 "yes," they vote, they are voting, but Senator
21 Padavan thinks driving is a sacred fundamental
22 underpinning of American democracy, I suppose,
23 and we ought to have this extraordinary length
5866
1 here.
2 The fact of the matter is this
3 bill is not well thought out. It's a reaction,
4 it's a "me-tooism" to places like California, I
5 think perhaps Colorado where "know-nothingism"
6 seems to prevail, and everybody is in a panic
7 over the numbers of illegal immigrants in those
8 states, and so now we have a bill where, well,
9 we're sure the Commissioner of Motor Vehicles
10 can work out with the Immigration and
11 Naturalization Service an exchange of informa
12 tion by computer when, in fact, our own state
13 election officials can't even get INS to give
14 them any information about the alien status of
15 alleged citizen voters, and we require none of
16 this proof or information for people to vote.
17 Now, perhaps that comparison, Mr.
18 President, ought to convince my colleagues just
19 how silly and off-the-mark this bill is. You
20 know, if you're not going to chase aliens away,
21 making their life miserable, you're not going to
22 stop somebody who is illegally in the country
23 from driving by not giving them a driver's
5867
1 license.
2 You may stop them from driving
3 with insurance, which is something we ought to
4 think about. I don't know that we want to do
5 that. I don't know that an illegal immigrant
6 who is determined to drive ought to be denied a
7 driver's license because they just might go and
8 drive, and the one thing we know is they'll do
9 it without insurance. Who gets hurt then, Mr.
10 President? Who gets hurt then when the accident
11 happens and the driver is uninsured, because he
12 or she couldn't get a driver's license because
13 they were an illegal immigrant?
14 It just seems to me awfully silly
15 to come down on this about driver's license
16 when, in fact, on the other hand, we have
17 absolutely no information, no requirements with
18 respect to voting where we have a clear law in
19 New York State requiring citizenship for a
20 voter, but we don't ask for any of this informa
21 tion and when the election officials get
22 allegations that so and so, a voter in that E.D.
23 is not a citizen and they call up INS, they're
5868
1 told it's confidential, we can't tell you. But
2 somehow or other, Senator Padavan thinks, he's
3 very confident that the Commissioner of Motor
4 Vehicles is going to get this information.
5 ACTING PRESIDENT KUHL: Senator
6 Padavan, to close debate.
7 SENATOR PADAVAN: Very briefly,
8 Mr. President.
9 Senator, you can add New Jersey
10 to your list of those states whom you have a
11 certain amount of disdain for because they, in
12 the latter part of 1993, also adopted this
13 law which is now going into effect just
14 recently.
15 So obviously we now have three
16 states, two very large states. There are six
17 states that have a large immigration problem,
18 New Jersey, California, obviously among those
19 six.
20 The fact remains this is not a
21 panacea to our problems of illegal immigrants
22 which are very numerous, but it's one item of
23 many that have been recommended and many which
5869
1 we will pursue, so you might get used to the
2 idea that we're going to try here to be dealing
3 with in those areas where we can help ourselves
4 in dealing with this problem. Maybe voting will
5 be one of them, and we'll rely upon your
6 expertise, Senator, to deal with that part of it
7 because obviously it's an area that should be
8 dealt with.
9 But that's not the issue today.
10 Driver's licenses obtained fraudulently are
11 being used to gain entree for social services
12 and a whole host of areas where illegal aliens
13 should not be. I gave you one incident. You
14 may not have been here, where someone, an
15 illegal alien who got a driver's license who
16 ended up injuring 14 people and killing a person
17 on the New York State Thruway.
18 Now, the employer didn't know
19 that he was an illegal alien, I presume, but
20 somehow he got a driver's license.
21 SENATOR CONNOR: Mr. President.
22 SENATOR PADAVAN: Senator, I'm not
23 going to yield.
5870
1 ACTING PRESIDENT KUHL: Senator
2 Connor, why do you rise?
3 SENATOR CONNOR: I wanted to ask
4 the Senator to yield to a question.
5 SENATOR PADAVAN: I'm not going
6 to yield.
7 ACTING PRESIDENT KUHL: Senator
8 Padavan refuses to yield.
9 SENATOR PADAVAN: The state is -
10 this is just one area where the state, this
11 state or any other state, has authority and
12 responsibility and that is in issuing a driver's
13 license, and that's the issue we're addressing
14 today. It's not solving all of the problems by
15 a long shot, but it certainly is dealing with
16 one area that I think we should be dealing with
17 as other states have already dealt and have done
18 so.
19 ACTING PRESIDENT KUHL: Senator
20 Gold.
21 SENATOR GOLD: Mr. President,
22 this bill -- and in committee I raised an issue
23 and it comes out of Senator Padavan's memo and
5871
1 it was the reference he just made and that's to
2 somebody who was an illegal alien having an
3 accident and injuring some people, and I think
4 that there's just really no validity to the
5 comparison. I mean there are people, unfor
6 tunately who are running people over all over
7 this state, and we find out that they're driving
8 taxis, they're driving this; we find out their
9 licenses have been suspended 17,000 times.
10 If people are going to drive,
11 Senator Padavan, they are going to drive. I
12 think that the offensive part of the bill goes
13 back to the beginning with Senator Mendez and I
14 have notes here about the non-insurance and the
15 driver's licenses and all that, but the
16 offensive part of the bill goes back to Senator
17 Mendez, and it goes back to the beginning.
18 If you analyze what we do in this
19 legislative session and other legislative
20 sessions, you'll find, if you examine the laws,
21 I'm talking laws now that we make, adjustments
22 to our motor vehicle laws and our health laws
23 and the insurance laws, et cetera, et cetera,
5872
1 and when you finish with all the laws and you
2 finish with everything we've done which is real,
3 why don't you take a look at some of the one
4 house bills and if you now examine the one-house
5 bills that come out of your house in this house,
6 you find that we are concerned about people's
7 draft status and then keeping them out of
8 schools or doing things with them, you'll find
9 out that we have ordered college students to
10 salute the flag, to sing the Star Spangled
11 Banner, you'll find out that all of a sudden,
12 all of a sudden the federal government is
13 incompetent to handle patriotism and to handle
14 all of these issues and, interestingly enough,
15 Jimmy Carter has only been the President a
16 little time, you were passing all of this stuff
17 when we had Bush and we had Reagan and
18 apparently with all of the morality coming out
19 of those two brilliant gentlemen as leaders in
20 Washington, we still felt that we had to take on
21 the obligations of the federal government.
22 We ought to really cut that out.
23 We ought to really cut that out. There was an
5873
1 editorial in the paper today questioning whether
2 we would leave Albany without a significant
3 crime bill. There are editorials throughout the
4 state asking if the Legislature is going home on
5 Friday. Are we taking care of this problem and
6 that problem? There is plenty within the state
7 jurisdiction for us to be able to handle, but
8 when we see these bills, and somebody made the
9 comment, Well, you know, you take a look at it,
10 you get a driver's license maybe, maybe, but
11 when you start to analyze the philosophy that
12 goes behind some of these bills, as Senator
13 Mendez has done, we are the wrong group in the
14 wrong pew and there's enough to do in this
15 state, and I would urge us to vote against this
16 bill and make it clear on each occasion that we
17 ought to redirect our energy, we should be
18 redirecting our energies to those state issues
19 where we can have an impact.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect on the 180th day after it
5874
1 shall have become a law.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 1349 are
7 Senators Connor, Espada, Gold, Leichter,
8 Markowitz, Mendez, Paterson, ayes -- also
9 Senator Lack. Ayes 45, nays 8.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Senator Connor.
13 SENATOR CONNOR: Thank you, Mr.
14 President.
15 Mr. President may I have
16 unanimous consent to be recorded in the negative
17 on Calendar Number 1339.
18 ACTING PRESIDENT KUHL: Without
19 objection, Senator Connor will be recorded in
20 the negative on Calendar Number 1339.
21 Return to motions and resolutions
22 for a moment, Senator Present; is that O.K.?
23 O.K. Senator Nozzolio.
5875
1 SENATOR NOZZOLIO: Mr. President,
2 I wish to call up my bill number 813 recalled
3 from the Assembly which is now at the desk.
4 ACTING PRESIDENT KUHL: Secretary
5 will read.
6 THE SECRETARY: By Senator
7 Nozzolio, Senate Bill Number 813, authorizing
8 the county of Cayuga to convey certain
9 easements.
10 SENATOR NOZZOLIO: Mr. President,
11 I move to reconsider the vote by which this bill
12 was passed.
13 ACTING PRESIDENT KUHL: Secretary
14 will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 53.
18 SENATOR NOZZOLIO: Mr. President,
19 I now offer the following amendments.
20 ACTING PRESIDENT KUHL:
21 Amendments are received and adopted.
22 Senator Seward.
23 SENATOR SEWARD: Yes, Mr.
5876
1 President. On page 21, I offer the following
2 amendments to Calendar Number 952, Senate Print
3 Number 7905, and ask that the bail retain its
4 place on the Third Reading Calendar.
5 ACTING PRESIDENT KUHL:
6 Amendments are received and adopted. The bill
7 will retain its place on the Third Reading
8 Calendar. Senator Seward.
9 Senator Present.
10 SENATOR PRESENT: Mr. President,
11 before I lose the audience, as I have informed
12 you before, we intend to conclude business this
13 Friday for this session. Therefore, any member
14 wishing to amend a bill that's on the calendar
15 should do so by tomorrow. Bills amended after
16 tomorrow will not be aged by Friday and,
17 therefore, would not be able to be considered
18 for now.
19 ACTING PRESIDENT KUHL: Thank
20 you, Senator Present.
21 Senator Seward to continue.
22 SENATOR SEWARD: Yes. Along that
23 vein, I have three more amendments to make
5877
1 here.
2 On page -- on behalf of Senator
3 Levy, on page 38, I offer the following
4 amendments to Calendar Number 537, Senate Print
5 Number 7430, and ask that the bill retain its
6 place on third reading.
7 ACTING PRESIDENT KUHL:
8 Amendments are received and adopted. The bill
9 will retain its place on the Third Reading
10 Calendar.
11 Senator Seward to continue.
12 SENATOR SEWARD: Also on behalf
13 of Senator Levy, on page 9, I offer the
14 following amendments to Calendar Number 486,
15 Senate Print Number 1245, and ask that that bill
16 retain its place on the Third Reading Calendar.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted; bill will
19 retain its place on the Third Reading Calendar.
20 SENATOR SEWARD: On behalf of
21 Senator Saland, on page 30, I offer the
22 following amendments to Calendar Number 1325,
23 Senate Print Number 797-B and ask that that bill
5878
1 retain its place on third reading.
2 ACTING PRESIDENT KUHL:
3 Amendments are received and adopted. Bill will
4 retain its place on the Third Reading Calendar.
5 Senator Smith.
6 SENATOR SMITH: Thank you. Mr.
7 President, I would request unanimous consent to
8 be recorded in the negative on Calendar Number
9 1349.
10 ACTING PRESIDENT KUHL: Without
11 objection, Senator Smith will be recorded in the
12 negative on Calendar Number 1349.
13 Senator DiCarlo.
14 SENATOR DiCARLO: Mr. President,
15 I wish to call up, on behalf of Senator Wright,
16 Bill Number 4718, having passed both houses and
17 not delivered to the Governor.
18 ACTING PRESIDENT KUHL: Secretary
19 will read.
20 THE SECRETARY: By Senator
21 Wright, Senate Bill Number 4718, an act to amend
22 the Highway Law.
23 SENATOR DiCARLO: I now move to
5879
1 reconsider the vote by which this bill was
2 passed and ask that the bill be restored to the
3 order of third reading.
4 ACTING PRESIDENT KUHL: Secretary
5 will call the roll on reconsideration.
6 (The Secretary called the roll on
7 reconsideration. )
8 THE SECRETARY: Ayes 53.
9 SENATOR DiCARLO: Mr. President,
10 I now offer the following amendments.
11 ACTING PRESIDENT KUHL:
12 Amendments are received and adopted.
13 Senator DiCarlo.
14 SENATOR DiCARLO: Mr. President,
15 on page 41, on behalf of Senator Farley, I offer
16 the following amendments to Calendar 1032,
17 Senate Print 6996, and ask that said bill retain
18 its place on the Third Reading Calendar and
19 remove the star.
20 ACTING PRESIDENT KUHL:
21 Amendments are received and adopted. Bill will
22 retain its place on the Third Reading Calendar.
23 The sponsor's star will be removed.
5880
1 Senator DiCarlo.
2 SENATOR DiCARLO: On behalf of
3 Senator Johnson, I wish to call up bill Print
4 Number 661 recalled from the Assembly which is
5 now at the desk.
6 ACTING PRESIDENT KUHL: Secretary
7 will read.
8 THE SECRETARY: By Senator
9 Johnson, Senate Bill 661, an act to amend the
10 Environmental Conservation Law.
11 MR. DiCARLO: Mr. President, I
12 now move to reconsider the vote by which this
13 bill was passed.
14 ACTING PRESIDENT KUHL: Secretary
15 will call the roll on reconsideration.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 53.
19 SENATOR DiCARLO: Mr. President,
20 I now offer the following amendments.
21 ACTING PRESIDENT KUHL:
22 Amendments are received and adopted.
23 Senator Rath.
5881
1 SENATOR RATH: Mr. President, on
2 page number 29, on behalf of Senator Larkin, I
3 offer the following amendments to Calendar
4 Number 1261, Senate print Number 1902-B, and ask
5 that said bill retain its place on the Third
6 Reading Calendar.
7 ACTING PRESIDENT KUHL:
8 Amendments are received and adopted. Bill will
9 retain its place on the Third Reading Calendar.
10 Senator Rath.
11 SENATOR RATH: Mr. President, on
12 behalf of Senator Saland, I offer the following
13 amendments on page number 37, to Calendar Number
14 478, Senate Print Number 5881-B, and ask that
15 said bill retain its place on the Third Reading
16 Calendar.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted. Bill will
19 retain its place on the Third Reading Calendar.
20 Senator Rath.
21 SENATOR RATH: Mr. President, on
22 page 38, on behalf of Senator Lack, I offer the
23 following amendments to Calendar Number 492,
5882
1 Senate Print Number 6935, and ask that said bill
2 retain its place on the Third Reading Calendar.
3 ACTING PRESIDENT KUHL:
4 Amendments are received and adopted. Bill will
5 retain its place on the Third Reading Calendar.
6 Senator Present, we have
7 some substitutions. Would it be all right to
8 read them at this time? Secretary will
9 read.
10 THE SECRETARY: On page 11,
11 Senator Velella moves to discharge the Committee
12 on Rules from Assembly Bill Number 1302-A and
13 substitute it for the identical Calendar Number
14 606.
15 On page 16, Senator Goodman moves
16 to discharge the committee on Rules from
17 Assembly Bill Number 2761 and substitute it for
18 the identical Third Reading 789.
19 On page 21, Senator Seward moves
20 to discharge the committee on Rules from
21 Assembly Bill Number 10838 and substitute it for
22 the identical Calendar Number 951.
23 Senator Volker moves to discharge
5883
1 the Committee on Rules from Assembly Bill Number
2 5654-B and substitute it for the identical Third
3 Reading 958.
4 On page 22, Senator Skelos moves
5 to discharge the Committee on Rules from
6 Assembly Bill Number 9409-A and substitute it
7 for the identical Calendar Number 967.
8 On page 37, Senator Libous moves
9 to discharge the Committee on Rules from
10 Assembly Bill Number 9958, and substitute it for
11 the identical Third Reading 489.
12 ACTING PRESIDENT KUHL: All
13 substitutions are ordered. Senator Present.
14 SENATOR PRESENT: Mr. President,
15 there being no further business, I move that we
16 adjourn until tomorrow at 11:00 a.m.
17 ACTING PRESIDENT KUHL: All
18 members will note the time change difference.
19 Without objection, the motion to adjourn is
20 approved. Senate will stand adjourned until
21 tomorrow, Tuesday, at 11:00 a.m.
22 (Whereupon at 6:30 p.m., the
23 Senate adjourned.)