Regular Session - June 15, 1995
10060
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8 ALBANY, NEW YORK
9 June 15, 1995
10 10:00 a.m.
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13 REGULAR SESSION
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17 LIEUTENANT-GOVERNOR BETSY McCAUGHEY, President
18 STEPHEN F. SLOAN, Secretary
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10061
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would everyone please rise and
4 repeat with me the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 The invocation today will be
8 given by Reverend Shirley Daniels from the
9 Evangel Temple of Albany.
10 Welcome, Reverend Daniels.
11 REVEREND SHIRLEY DANIELS: Let us
12 pray. Eternal God our Father, You said in
13 everything we should give thanks. We do thank
14 You for this day and we thank You for all these
15 Senators and the staff who have worked
16 untiringly throughout this session. We thank
17 You for the budget that they have passed, and
18 now, eternal God, we ask Your blessings upon
19 these Senators as well as the staff on this last
20 day of session. We pray as they start this
21 meeting that You would give them the wisdom and
22 the knowledge to complete all the necessary
23 transactions and discussions that they need to
10062
1 wrap up this session.
2 We pray for their continued
3 health, devotion and dedication as they serve as
4 Senators of this great state. Guide them
5 throughout this day in all the matters. In Your
6 holy name we pray. Amen.
7 THE PRESIDENT: Thank you.
8 That was very eloquent.
9 The reading of the Journal.
10 THE SECRETARY: In Senate,
11 Wednesday, June 14th. The Senate met pursuant
12 to adjournment, Senator Kuhl in the Chair upon
13 designation of the Temporary President. Prayer
14 by the Rabbi Jeffrey Miller, Congregation
15 Marathon Jewish Center, Douglaston, New York.
16 The Journal of Tuesday, June 13th, was read and
17 approved. On motion, the Senate adjourned.
18 THE PRESIDENT: Without
19 objection, the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
10063
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 Senator Marcellino.
6 SENATOR MARCELLINO: Madam
7 President, on behalf of Senator Libous, may we
8 please place a sponsor's star on Calendar Number
9 1324.
10 THE PRESIDENT: Without
11 objection.
12 SENATOR MARCELLINO: Thank you.
13 THE PRESIDENT: We have one
14 substitution. The Secretary will read.
15 THE SECRETARY: On page 36,
16 Senator Padavan moves to discharge from the
17 Committee on Rules, Assembly Bill Number 7667
18 and substitute it for the identical Calendar
19 Number 1376.
20 THE PRESIDENT: The substitution
21 is ordered.
22 Senator Larkin.
23 SENATOR LARKIN: Madam President,
10064
1 I would like to remove the sponsor's star from
2 Calendar 215, Senate Print 2090-C.
3 THE PRESIDENT: The star is
4 removed.
5 Senator Bruno.
6 SENATOR BRUNO: Madam President,
7 can we at this time take up the noncontrovers
8 ial calendar.
9 THE PRESIDENT: The Secretary
10 will read.
11 THE SECRETARY: Calendar Number
12 110, by Member of the Assembly Weinstein,
13 Assembly Print Number 3222-B, an act to amend
14 the Estates, Powers and Trusts Law, in relation
15 to division of trusts.
16 THE PRESIDENT: Read the last
17 section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 32.
23 THE PRESIDENT: The bill is
10065
1 passed.
2 THE SECRETARY: Calendar Number
3 215, by Senator Larkin, Senate Print 2090-C, an
4 act to amend Chapter 545 of the Laws of 1938,
5 relating to a system of coordinates.
6 THE PRESIDENT: Read the last
7 section, please.
8 THE SECRETARY: Section 4. This
9 act shall take effect on the 30th day.
10 THE PRESIDENT: Call the roll.
11 SENATOR BRUNO: Madam President,
12 can I ask the indulgence of the Minority and ask
13 you for unanimous consent to at this time take
14 up Senator Larkin's bill? It's Calendar Number
15 215.
16 THE PRESIDENT: Without
17 objection, the Secretary will read.
18 THE SECRETARY: Calendar Number
19 215, by Senator Larkin, Senate Print 2090-C, an
20 act to amend Chapter 545 of the Laws of 1938,
21 relating to a system of coordinates.
22 THE PRESIDENT: Read the last
23 section, please.
10066
1 THE SECRETARY: Section 4. This
2 act shall take effect on the 30th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 37.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 222, by Senator Velella, Senate Print 2764-C, an
10 act to amend the Insurance Law, in relation to
11 reciprocal insurers.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 7. This
15 act shall take effect on the 180th day.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 THE SECRETARY: Ayes 37.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 251, by Senator Hoblock, Senate Print 1635, an
23 act to amend the Social Services Law, in
10067
1 relation to designation of the Capital District
2 Youth Center.
3 ACTING PRESIDENT KUHL: The
4 Secretary 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 37.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 387, by Senator Lack, Senate Print 2833-B, an
15 act to amend Chapter 689 of the Laws of 1993,
16 amending the Criminal Procedure Law.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10068
1 THE SECRETARY: Ayes 37.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 414, by Senator Levy, Senate Print 4050-A, an
6 act to amend the Highway Law, in relation to
7 transportation facility emergency work.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 37.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 425 -
20 ACTING PRESIDENT KUHL: The bill
21 is high. Lay the bill aside.
22 THE SECRETARY: Calendar Number
23 447, by Senator DiCarlo, Senate Print 2419-A, an
10069
1 act to amend the Executive Law, in relation to
2 creating a long-term care ombudsman.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect on the first day of
7 November.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 37.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 462, by Senator Levy, Senate Print 4168-A, an
16 act to amend the Highway Law and the Public
17 Authorities Law, in relation to the dedicated
18 highway and bridge trust fund cooperative.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
10070
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 37.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 507, by Senator Lack, Senate Print 3775-A, an
8 act to amend the Family Court Act, in relation
9 to the duty to support recipients.
10 ACTING PRESIDENT KUHL: The
11 Secretary 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 37.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 543 -
22 ACTING PRESIDENT KUHL: The bill
23 is high. Lay the bill aside.
10071
1 THE SECRETARY: Calendar Number
2 554, by Senator Volker, Senate Print 2367-A, an
3 act to amend Chapter 207 of the Laws of 1994,
4 relating to incorporating the Twin District
5 Firemen's Benevolent Association.
6 ACTING PRESIDENT KUHL: The
7 Secretary 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 37.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 566, by Senator Levy, Senate Print 339-A, an act
18 to amend the Transportation Law, in relation to
19 expanding the definition of "school".
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect September 1.
10072
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT KUHL: Announce
5 the results when tabulated.
6 THE SECRETARY: Ayes 38, nays 1,
7 Senator Wright recorded in the negative.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 583, by Senator Levy, Senate Print 41...
12 SENATOR PATERSON: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 607 -
17 ACTING PRESIDENT KUHL: The bill
18 is high. Lay the bill aside.
19 THE SECRETARY: Calendar Number
20 665, by Senator Cook, Senate Print 4384, an act
21 relating to the apportionment of building aid
22 and reorganization incentive building aid.
23 ACTING PRESIDENT KUHL: There's a
10073
1 local fiscal impact note at the desk. The
2 Secretary will read the last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 39.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 705, by Senator Solomon, Senate Print 4223-A, an
13 act to amend Chapter 60 of the Laws of 1994,
14 relating to certain provisions.
15 ACTING PRESIDENT KUHL: The
16 Secretary 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 39.
23 ACTING PRESIDENT KUHL: The bill
10074
1 is passed.
2 THE SECRETARY: Calendar Number
3 748, by Senator Gold, Senate Print 193-B, an act
4 to amend the General Business Law, in relation
5 to requiring child safety devices.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect -
10 SENATOR BRUNO: Lay it aside.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 1198, by Senator Velella, Senate Print 3817-B,
15 an act to amend the Insurance Law, in relation
16 to extending the expiration date for Article 54.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10075
1 THE SECRETARY: Ayes 39.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1218, by Senator Maltese -
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT KUHL: There is
8 no home rule message at the desk. The bill will
9 be laid aside.
10 THE SECRETARY: Calendar Number
11 1221 -
12 ACTING PRESIDENT KUHL: The bill
13 is high. Lay the bill aside.
14 THE SECRETARY: Calendar Number
15 1233 -
16 ACTING PRESIDENT KUHL: The bill
17 is high. Lay the bill aside.
18 THE SECRETARY: Calendar Number
19 1238 -
20 ACTING PRESIDENT KUHL: The bill
21 is high. Lay the bill aside.
22 THE SECRETARY: Calendar Number
23 1239, by Senator Tully, Senate Print 5027-B, an
10076
1 act to amend Chapter 237 of the Laws of 1993,
2 amending the Environmental Conservation Law.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 18. 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 39.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1244, by Senator Farley, Senate Print 5331, an
15 act to amend the Banking Law, in relation to the
16 licensing of money transmitters.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 120th day.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10077
1 THE SECRETARY: Ayes 38, nays 1,
2 Senator Spano recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1245, by Senator Farley, Senate Print 5332, an
7 act to amend the Banking Law, in relation to
8 banging records.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 30th day.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 41.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1267, by Senator Marchi, Senate Print 3873-A, an
21 act to amend the Real Property Law, in relation
22 to establishing a New York State Real Estate
23 Board.
10078
1 SENATOR PATERSON: Lay it aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 1270, by Senator Velella, Senate Print -
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 1276, by Senator -
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1283 -
16 ACTING PRESIDENT KUHL: The bill
17 is high. Lay the bill aside.
18 THE SECRETARY: Calendar Number
19 1293, by Senator Lack, Senate Print 1297-A, an
20 act to amend the Surrogate's Court Procedure
21 Act, in relation to the statute of limitations.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
10079
1 SENATOR PATERSON: Lay it aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 1297, by Senator Padavan, Senate Print 3093, an
6 act to amend the Social Services Law, in
7 relation to -
8 SENATOR GOLD: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1314, by Senator Leibell, Senate Print 5286-A,
13 an act to amend the Private Housing Finance Law,
14 in relation to tax exemption.
15 ACTING PRESIDENT KUHL: The
16 Secretary 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 41.
23 ACTING PRESIDENT KUHL: The bill
10080
1 is passed.
2 THE SECRETARY: Calendar Number
3 1315, by Senator Seward, Senate Print 5304, an
4 act to amend the Tax Law, in relation to
5 extending the expiration of provisions
6 authorizing the county of Herkimer.
7 ACTING PRESIDENT KUHL: The
8 Secretary 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 THE SECRETARY: Ayes 41.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1318, by Senator Sears, Senate Print 5327, an
19 act to amend the Tax Law, in relation to
20 extending the effectiveness of provisions
21 authorizing the county of Oneida.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
10081
1 THE SECRETARY: Section 3. 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 41.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1319, by Senator Stachowski, Senate Print 5352,
11 an act to authorize the city of Buffalo, Erie
12 County to lease certain parklands.
13 ACTING PRESIDENT KUHL: There's
14 no home rule message at the desk. Lay the bill
15 aside.
16 THE SECRETARY: Calendar Number
17 1322, by Senator Skelos, Senate Print 2458-A, an
18 act to amend the Family Court Act, in relation
19 to orders of protection.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 SENATOR GOLD: Lay it aside.
23 ACTING PRESIDENT KUHL: Lay the
10082
1 bill aside.
2 THE SECRETARY: Calendar Number
3 1354, by Senator Maziarz, Senate Print 5321, an
4 act to amend the Criminal Procedure Law, in
5 relation to period of limitation.
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 1355, by Senator Cook, Senate Print 563, an act
11 to amend the Real Property Tax Law, in relation
12 to making certain state lands in Sullivan County
13 subject to taxation.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 43.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
10083
1 THE SECRETARY: Calendar Number
2 1356, by Senator Spano, Senate Print 1119, an
3 act to amend -
4 SENATOR PATERSON: Lay it aside.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 1357, by Senator LaValle, Senate Print 1652, an
9 act to amend the Town Law, in relation to
10 initiation of a criminal history check.
11 ACTING PRESIDENT KUHL: The
12 Secretary will 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 43.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1358, by Senator Hoblock, Senate Print 1985 -
23 SENATOR PATERSON: Lay it aside.
10084
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 1359, by Senator Leibell, Senate Print 2615, an
5 act in relation to authorizing the reconveyance
6 to the Lakeview Manor Community Association of
7 certain lands.
8 ACTING PRESIDENT KUHL: There's a
9 home rule message at the desk. The Secretary
10 will read the last section.
11 THE SECRETARY: Section 3. 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 43.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1360, by Senator Leibell, Senate Print 2677, an
21 act authorizing the town of Southeast, Putnam
22 County to establish a road or highway
23 improvement district.
10085
1 ACTING PRESIDENT KUHL: There's a
2 home rule message at the desk. The Secretary
3 will read the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 43.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1361, by Senator Leibell, Senate Print 2682, an
14 act to amend the Town Law, in relation to
15 dissolution of the Lakeview Manor Park District.
16 ACTING PRESIDENT KUHL: There's a
17 home rule message at the desk. The Secretary
18 will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10086
1 THE SECRETARY: Ayes 43.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1362, by Senator Johnson, Senate Print 3002-A -
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 1363, by Senator Oppenheimer, Senate Print 3915,
11 an act to amend the Real Property Tax Law, in
12 relation to the town of Rye to levy taxes.
13 ACTING PRESIDENT KUHL: The
14 Secretary 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 43.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
10087
1 1364, by Senator Johnson, Senate Print 3966, an
2 act in relation to granting Joseph Donnelly
3 certain service credit.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. 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 43.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1365, by Senator Nozzolio -
16 SENATOR SMITH: Lay it aside,
17 please.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 1367, by Senator Velella, Senate Print 4451-B,
22 an act to amend the Retirement and Social
23 Security Law, in relation to making certain
10088
1 technical corrections.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 43.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1368, by Senator Farley, Senate Print 4544-A, an
14 act to amend the Civil Practice Law and Rules
15 and the Surrogate's Court Procedure Act
16 authorizing deposits into credit unions.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 5. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10089
1 THE SECRETARY: Ayes 43.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1369, by Senator Johnson, Senate Print 4648, an
6 act in relation to authorizing Perry S. Reich to
7 purchase certain retirement service credit.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 43.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 SENATOR TULLY: Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Tully, why do you rise?
21 SENATOR TULLY: Did we call
22 Calendar 1365?
23 ACTING PRESIDENT KUHL: We did
10090
1 and it was laid aside.
2 SENATOR TULLY: Thank you, Mr.
3 President.
4 ACTING PRESIDENT KUHL: The
5 Secretary will continue to call the
6 non-controversial calendar.
7 THE SECRETARY: Calendar Number
8 1370, by Senator Libous, Senate Print 4919, an
9 act to amend the Tax Law, in relation to
10 extending the authorization granted to the
11 county of Tioga.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 3. 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 43.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1371, by Senator Hoblock, Senate Print -
10091
1 SENATOR PATERSON: Lay it aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 1372, by Senator Present, Senate Print 5247, an
6 act to amend the Education Law, in relation to
7 authorizing the establishment of a community
8 college region.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 7. 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 43.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 -- Calendar Number 1373, by Senator Hoffmann,
21 Senate Print 5283-A, an act to authorize the
22 city of Oneida, Madison County to sell, transfer
23 and convey the Oneida City Hospitals.
10092
1 ACTING PRESIDENT KUHL: There's a
2 home rule message at the desk. The Secretary
3 will read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 43.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1374, by Senator Levy, Senate Print 5342-A, an
14 act to amend the Vehicle and Traffic Law, in
15 relation to establishing an advisory committee.
16 SENATOR GOLD: Lay it aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 1375 -
21 ACTING PRESIDENT KUHL: The bill
22 is high. We'll lay the bill aside.
23 Senator Bruno, that completes the
10093
1 reading of the non-controversial calendar.
2 SENATOR BRUNO: Mr. President,
3 can we at this time take up the controversial
4 calendar.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the controversial calendar.
7 THE SECRETARY: On page 12,
8 Calendar Number 583, by Senator Levy, Senate
9 Print 4146-A, an act to amend the Transportation
10 Law, in relation to requiring the Commissioner
11 of Transportation.
12 SENATOR PATERSON: Explanation.
13 SENATOR BRUNO: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside temporarily.
16 THE SECRETARY: Calendar Number
17 748, by Senator Gold, Senate Print 193-B, an act
18 to amend the General Business Law, in relation
19 to requiring child safety devices.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect 360 days next succeeding
10094
1 the date.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 43.
6 ACTING PRESIDENT KUHL: The bill
7 is passed. Announce the results when tabulated.
8 SENATOR GOLD: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Gold.
11 SENATOR GOLD: If I can explain
12 my vote.
13 I first of all want to point out
14 to the members, this bill which is a Gold-Sears
15 bill is in a "B" print and was negotiated with
16 the parties concerned, and I have in my hand a
17 letter dated June 14th from Michael Rosen which
18 thanks us for amending the bill to address their
19 concerns and appreciates our willingness to work
20 with them.
21 Having explained my vote, Mr.
22 President, for the time being, I would like to
23 lay the bill aside and take it up later in a
10095
1 more enlightened, hopefully, atmosphere.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside temporarily.
4 The Secretary will continue to
5 call the controversial calendar.
6 THE SECRETARY: Calendar Number
7 1267, by Senator Marchi, Senate Print 3873-A, an
8 act to amend the Real Property Law, in relation
9 to establishing a New York State Real State
10 Board.
11 SENATOR PATERSON: Explanation.
12 ACTING PRESIDENT KUHL: Senator
13 Marchi, an explanation of Calendar Number 1267
14 has been asked for by Senator Paterson.
15 Senator Marchi, would you wait
16 just a minute so you don't have to yell in a
17 loud way. There's an awful lot of noise, an
18 awful lot of movement in the chamber. The
19 members please take their seats, the staff
20 please take their places. If you have to have a
21 conversation, take it out of the chamber or
22 we'll take you out of the chamber.
23 Thank you, Senator Marchi, for
10096
1 the interruption. An explanation has been asked
2 for by the Deputy Minority Leader, Senator
3 Paterson.
4 SENATOR MARCHI: I would only be
5 too happy to give the explanation, but I have
6 just received some information of another
7 concern that surfaced and I would like to lay
8 this bill aside temporarily.
9 ACTING PRESIDENT KUHL: Calendar
10 Number 1267 will be laid aside temporarily.
11 The Secretary will continue to
12 call the controversial calendar.
13 THE SECRETARY: Calendar Number
14 1270, by Senator Velella, Senate Print 2586, an
15 act to amend Chapter 576 of the Laws of 1975,
16 relating to authorizing the Commissioner of
17 Education.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Velella, an explanation of Calendar Number 1270,
21 Senate Print 2586 has been asked for by the
22 Deputy Minority Leader, Senator Paterson.
23 SENATOR VELELLA: Mr. President,
10097
1 can we lay that bill aside for today?
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside for the day. The Secretary will
4 continue to call the controversial calendar.
5 The Chair recognizes Senator
6 Bruno.
7 SENATOR BRUNO: Mr. President,
8 can we at this time return to reports of
9 standing committees and hear the report from the
10 Judiciary Committee.
11 ACTING PRESIDENT KUHL: We'll
12 return to reports of standing committees. The
13 Secretary will read the report of the Judiciary
14 Committee.
15 THE SECRETARY: Senator Lack,
16 from the Committee on Judiciary, reports the
17 following nomination: Richard Martin Klein of
18 Huntington, New York State Court of Claims.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator Lack.
21 SENATOR LACK: Thank you, Mr.
22 President.
23 Mr. President, we are and will
10098
1 complete this morning a series of judicial
2 confirmations and by the end of this morning, we
3 will have over the last couple of weeks
4 confirmed 23 new judges in this state. Nine of
5 those judges are already judges in other
6 positions and are assuming new duties.
7 It's an extraordinary accom
8 plishment for Governor Pataki. He appointed a
9 Temporary Judicial Screening Committee comprised
10 of former Chief Judge Lawrence Cooke of the
11 state of New York, and as a result, the Governor
12 has sent us, and if I can quote Senator Gold and
13 Senator Dollinger over the last couple of
14 meetings of the Judiciary Committee, an
15 extraordinary list of judicial candidates, all
16 of whom are very well deserving of office.
17 I want to compliment the Governor
18 on the nominees that he has sent to the floor of
19 the Senate. I want to thank the Governor's
20 staff, Michael Finnegan, his counsel, Michael
21 Ambrecht, deputy counsel to the Governor, James
22 McGuire, deputy counsel to the Governor, Brian
23 Maloney, Mr. Finnegan's staff, as well as the
10099
1 extraordinary work of my own staff, my counsels
2 Dave Gruenberg and Amy Karp, my committee clerk,
3 Sue Zimmer and, Senator Bruno, you will be
4 particularly happy to know that with your
5 admonition that we must try to save money in the
6 Senate, that Ned Cole who is the chief counsel
7 to the Senate Judiciary Committee and retired a
8 couple months ago at his own time and expense
9 has come back to the Senate as a volunteer to
10 work with us to try to get these judges
11 confirmed and, Ned, regardless of prior titles
12 that you've had, you will now always be known as
13 worthy counsel in this chamber and thank you so
14 very much.
15 And last but not least, I want to
16 thank the members of the Judiciary Committee who
17 have had to sit through four early morning
18 special meetings to bring to the floor the 23
19 judges that we have either confirmed or will be
20 in the process of confirming this morning.
21 As I have said, they have been an
22 extraordinary group. They range from a partner
23 in one of New York City's best known and largest
10100
1 law firms who we will be confirming in a couple
2 of minutes, to a three-hat judge that we did
3 last week who fascinated the members of the
4 committee on how you can serve as a Surrogate,
5 County Court judge and a Family Court judge all
6 at the same time, sometimes indeed during the
7 very same day; to the first woman judge ever
8 appointed or elected in the history of Oneida
9 County who Senator DeFrancisco quite aptly
10 pointed out was also probably the most qualified
11 person in Oneida County to receive that
12 judgeship; to the United States federal
13 magistrate from Rochester, New York who wanted
14 to come back and serve in the state courts and
15 who's being appointed to the Supreme Court; and
16 last but not least, to our colleague yesterday
17 from Ticonderoga who is so self-effacing that
18 many members of this chamber, while knowing that
19 he had served in the military, did not realize
20 that he was in the Marine Corps, that he was a
21 General and, indeed, was the Judge Advocate
22 General of the United States Marines.
23 And that, Mr. President, brings
10101
1 me, if I may, to the nominee we currently have
2 on the floor, my favorite, of course, of the 23
3 because he is an old and dear friend of mine.
4 Richard Martin Klein I first met when I became
5 an assistant district attorney in Suffolk County
6 in 1972.
7 I had been doing consumer work
8 here for the state, was counsel to the state
9 Consumer Protection Board and knew virtually
10 little about criminal law and I was very
11 fortunate, that one of the first A.D.A.s I met
12 when I got to Suffolk County from -- both from
13 the standpoint of trying to work in the office
14 and protect the people from Suffolk County was
15 Dick Klein. We became old and very good friends
16 when I came Commissioner of Consumer Affairs in
17 Suffolk County and established a Consumer Crime
18 Task Force under a Law Enforcement Assistance
19 Administration grant; Dick Klein became the
20 attorney in charge and counsel to that.
21 He subsequently -- he served for
22 a number of years in the municipal court bureaus
23 and other bureaus of the Suffolk County county
10102
1 attorney's office achieving an admirable record
2 in that office, became the deputy town attorney
3 for the town of Huntington. He was appointed by
4 Suffolk County Executive Bob Gaffney, a former
5 member of the Assembly, to a position in the
6 Suffolk County District Court in 1992,
7 unanimously concerned -- confirmed by all the
8 members of the Suffolk County Legislature,
9 thereafter elected to a full term as a Suffolk
10 County District Court judge and has sat and
11 presided over numerous trials over the last
12 three years that he's been a Suffolk County
13 District Court judge.
14 It takes a very special person to
15 be able to sit in judgment upon his peers. Dick
16 Klein, quite frankly, is that kind of a special
17 person.
18 I can remember in law school in
19 studying various comparative law -- laws, that
20 Germany, before World War II, had special
21 education just for judges. Like England which
22 divides barristers and solicitors into two
23 classifications, Germany at the time divided
10103
1 lawyers and judges and you studied to actually
2 be a judge and that's the only thing that you
3 did. You sat in judgment.
4 While I'm not advocating that in
5 this country, I can't help but thinking that if,
6 indeed, this was our system, then Dick Klein
7 certainly would have studied to be a judge. He
8 is very good at it. He is very evenhanded at
9 it. He operates an efficient and efficacious -
10 efficaciously run courtroom, and if there's
11 anything that the recent televised trials have
12 certainly known and that is that Perry Mason,
13 indeed, was fiction and the ability to run a
14 courtroom and to run a courtroom fairly and to
15 sit in judgment upon fellow men is, indeed, a
16 highly trained skill, and I'm proud to say that
17 the nominee before this body at this moment,
18 Richard Martin Klein, is just such a person, has
19 aptly and amply proven that over the years and I
20 commend the Governor sincerely for his
21 nomination on the floor this day.
22 And since he is no longer my
23 constituent but that of Senator Marcellino, Mr.
10104
1 President, I most respectfully would yield the
2 floor to Senator Marcellino.
3 ACTING PRESIDENT KUHL: Senator
4 Marcellino on the nomination.
5 SENATOR MARCELLINO: Yes, Mr.
6 President.
7 I rise to second the nomination
8 of Richard Martin Klein to the Court of Claims.
9 Mr. Klein, Judge Klein, is well known in the
10 judicial community, if you will, for lack of a
11 better word. He's -- his honesty, his
12 integrity, his intelligence are unquestioned.
13 If you go into the area and you talk to judges
14 in the area, they know Mr. Klein. They know
15 Judge Klein well. He is well spoken of by
16 attorneys on both sides, both prosecutors and
17 the defending attorneys. He treats his people
18 who come before him with respect and dignity and
19 which is all you can ask of a judge and all that
20 should be considered.
21 With pleasure, I second the
22 nomination.
23 ACTING PRESIDENT KUHL: Is there
10105
1 any other Senator wishing to speak on the
2 nomination?
3 (There was no response.)
4 Hearing none, the question is on
5 the confirmation of Richard Martin Klein of
6 Huntington, New York, to the position of judge
7 of the New York State Court of Claims. All
8 those in favor signify by saying aye.
9 (Response of "Aye".)
10 Opposed, nay.
11 (There was no response.)
12 The nominee is unanimously
13 confirmed. We're very pleased to have Richard
14 Martin Klein with us, his wife Ceceil, daughter
15 Stephanie and son Randy in the chamber to your
16 left.
17 Congratulations on your
18 appointment. Good luck.
19 (Applause.)
20 The Secretary will read.
21 THE SECRETARY: Senator Lack,
22 from the Committee on Judiciary, reports the
23 following nomination: Thomas J. McNamara of
10106
1 Ballston Spa, New York State Court of Claims.
2 ACTING PRESIDENT KUHL: Senator
3 Lack.
4 SENATOR LACK: Thank you, Mr.
5 President.
6 I rise to move the nomination of
7 Thomas J. McNamara of Ballston Spa to be a judge
8 to the New York State Court of Claims.
9 Mr. McNamara was examined by the
10 Governor's screening committee, found qualified,
11 has been nominated by the Governor, has been
12 examined by the staff of the Judiciary
13 Committee, was found qualified. The nomination
14 was considered by the committee this morning.
15 Mr. McNamara was unanimously nominated and
16 confirmed by the committee to come to the floor
17 this morning.
18 Mr. President, I most
19 respectfully would yield the floor to the
20 Majority Leader, Senator Bruno, for purposes of
21 seconding.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Bruno on the nomination.
10107
1 SENATOR BRUNO: Thank you,
2 Senator Lack, and thank you, Mr. President.
3 Mr. President, I am honored and
4 privileged to be on my feet in support of Thomas
5 McNamara. He has served with great distinction
6 in his town of Ballston Spa, presently as town
7 attorney, currently a partner in Trieble,
8 McNamara and Rider. Most important, last year,
9 served as Assistant District Attorney, served on
10 many panels with great distinction, dedicating
11 himself to the support of the public.
12 He's here with his wife Mary
13 Jane, and I want to just welcome him here and
14 indicate how proud I am that such a qualified
15 individual would be here from the 43rd
16 Senatorial District prepared to take on the
17 responsibilities of representing a larger
18 constituency.
19 Thank you, Mr. President.
20 ACTING PRESIDENT KUHL: Is there
21 any other speaker on the nomination?
22 Senator Farley on the nomination.
23 SENATOR FARLEY: I'm pleased to
10108
1 rise to support the nomination of Tom McNamara,
2 an outstanding citizen of his community and
3 somebody that has really participated and become
4 an outstanding -- who will become an outstanding
5 judge.
6 Let me just say something about
7 him. He's been president of the board of
8 education for Ballston Spa, a community in
9 Saratoga County. He was treasurer of the bar
10 association, secretary and president of the
11 Saratoga Bar Association. He was president of
12 Ballston Spa Rotary Club, active in his parish
13 and let me just say this, that he is a person
14 that has come from a small community, has served
15 his county and his community well, not only as
16 an assistant district attorney but in private
17 practice. He's -- comes from the finest school
18 in this area, the State University of New York
19 at Albany. I did not have him as a student.
20 Graduate of Albany Law School, but Tom McNamara
21 will be an outstanding judge, and it is with
22 enthusiasm that I support his nomination.
23 ACTING PRESIDENT KUHL: The
10109
1 question is on the nomination of Thomas J.
2 McNamara of Ballston Spa to the position of
3 judge of the New York State Court of Claims.
4 All those in favor of the nomination signify by
5 saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The nominee is unanimously
10 confirmed.
11 We're happy to have Judge
12 McNamara in the chamber with us. He's to your
13 left, along with his wife Mary Jane, his son
14 Michael and his wife Mary, their friends David
15 Steenberg, Mark Rider and Marrietta Smith and
16 the rest of Ballston Spa in the chamber to the
17 left.
18 Congratulations, Judge. Good
19 luck.
20 (Applause.)
21 The Secretary will read.
22 THE SECRETARY: Senator Lack,
23 from the Committee on Judiciary, reports the
10110
1 following nomination: William A. Wetzel of
2 Briarcliff Manor, New York State Court of
3 Claims.
4 ACTING PRESIDENT KUHL: Senator
5 Lack.
6 SENATOR LACK: Thank you, Mr.
7 President.
8 I rise once again to move the
9 nomination of Thomas J. McNamara -- Wetzel,
10 sorry -- of Briarcliff Manor to be a judge of
11 the New York State Court of Claims.
12 Mr. Wetzel also has been examined
13 and found qualified by the screening committee,
14 has been nominated by the Governor, has been
15 examined by the staff of the Senate Judiciary
16 Committee and found qualified in all respects.
17 He appeared earlier this morning before a
18 meeting of the committee, was unanimously moved
19 by the committee to the floor, and I would yield
20 at this time to my colleague to my immediate
21 left, Senator Nicholas Spano.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Spano on the confirmation.
10111
1 SENATOR SPANO: Thank you very
2 much, Mr. President.
3 As Senator Farley mentioned,
4 Judge McNamara, he is from a small community.
5 Bill Wetzel is from a small community also, a
6 bit south of me in a small community called the
7 county of Westchester, and it's my pleasure to
8 stand and to second Bill Wetzel's nomination
9 today.
10 When you look at his resume and
11 you look at his background, his years of
12 experience as an attorney, you will find that he
13 is uniquely qualified, a great appointment for
14 the Governor. He continues to serve as an
15 arbitrator, has the experience of serving as a
16 village trustee. He was deputy mayor and a
17 mayor and knows firsthand the problems that we
18 all face and has got the unique sensitivities
19 that he will need to be a fair judge and a
20 hard-working judge.
21 It's my pleasure, Mr. President,
22 to second the nomination of Bill Wetzel and to
23 urge all the members to enthusiastically support
10112
1 his appointment.
2 Thank you.
3 ACTING PRESIDENT KUHL: Is there
4 any other Senator wishing to speak on the
5 nomination?
6 (There was no response.)
7 Hearing none, the question is on
8 the nomination of William A. Wetzel of Briar
9 cliff Manor to be a judge of the New York State
10 Court of Claims. All those in favor of the
11 nomination signify by saying aye.
12 (Response of "Aye".)
13 Opposed, nay.
14 (There was no response.)
15 The nominee is unanimously
16 confirmed.
17 We're happy to have Judge William
18 Wetzel with us, along with his wife Patricia,
19 who are in the gallery above you.
20 Judge Wetzel, congratulations and
21 good luck.
22 (Applause.)
23 The Secretary will read.
10113
1 THE SECRETARY: Senator Lack,
2 from the Committee on Judiciary, reports the
3 following nomination: Colleen McMahon of
4 Bronxville, New York State Court of Claims.
5 ACTING PRESIDENT KUHL: Senator
6 Lack.
7 SENATOR LACK: Thank you, Mr.
8 President.
9 Very proudly rise to move the
10 nomination of Colleen McMahon as a judge of the
11 New York State Court of Claims.
12 Not too long ago, every member in
13 this chamber unanimously voted for a bill that I
14 don't think a year ago any of us thought would
15 ever come to the floor of this house, a bill to
16 repeal all jury exemptions in the state of New
17 York.
18 It's very fitting that today we
19 move the nomination of Colleen McMahon because
20 she is the chair of the Jury Project that was
21 established by the chief judge to examine this
22 and many other questions with respect to jury
23 reform, and I should say at the outset, while
10114
1 I'm very proud of the achievements of this house
2 in leading the way and passing the enactment to
3 repeal jury exemptions, it's really only the
4 beginning of a whole series of reforms that Ms.
5 McMahon outlined in her capacity as chair of the
6 Jury Project, having virtually worked on it six
7 months full time and in effect, almost taking a
8 leave of absence from Paul, Weiss to do so, and
9 it's apt this morning that we're here to move
10 her nomination, because just yesterday the
11 Assembly, by a vote of 142 to 2, also passed a
12 bill and will now go to the desk, the Governor's
13 desk, and the Governor has indicated that he
14 will sign it, and shortly there will be no jury
15 exemptions in this state and over 1,200,000
16 people will be added to the jury rolls, ensuring
17 a fair and impartial trial and a trial by a jury
18 of his or her peers.
19 Colleen McMahon wants to go into
20 public service and to serve full time to become
21 a judge of the New York State Court of Claims.
22 She is superbly qualified for that. I won't go
23 into all her bona fides on her resume because my
10115
1 colleague, Nick Spano who is next to me, since
2 this is Westchester Day on the floor of the
3 Senate, will certainly be doing that. I can
4 just tell you that I am very grateful that she
5 is choosing to become a judge and become part of
6 our judicial system and she will do a wonderful
7 job on the New York State Court of Claims.
8 And Colleen, once again, I thank
9 you publicly for showing us the way to begin a
10 long list of what I -- hopefully will be
11 complete jury reform in the state of New York.
12 So thank you very much and
13 congratulations to you.
14 Mr. President, I would once again
15 yield to my colleague to my immediate left,
16 Senator Spano.
17 ACTING PRESIDENT KUHL: Senator
18 Spano on the nomination.
19 SENATOR SPANO: Thank you very
20 much, Mr. President.
21 As was mentioned by Senator Lack,
22 Colleen McMahon has a long list of credentials
23 that will impress all that I will take a minute
10116
1 to read them, starting not only from local
2 activities in the village of Bronxville, but
3 have shown that she has distinguished herself in
4 the profession, not only with the work that was
5 done in the Jury Project that Senator Lack had
6 mentioned, but also her involvement with the
7 Committee for Modern Courts, the studies that
8 she has done on youth crime and violence and
9 reform of the juvenile justice system.
10 She has continued to be an
11 outstanding litigator with Paul, Weiss, the firm
12 Paul, Weiss in the City, and I'm glad that she
13 is before us today.
14 She's also joined by her son
15 Patrick who got a kick out of getting on TV
16 earlier today and I'm glad just to say to
17 Colleen McMahon that it's my pleasure to welcome
18 you here today and, Patrick, this is a proud day
19 for you to witness this of your mom. You also
20 had your gavel so you have a head start as well
21 and a great future.
22 Colleen, it's my pleasure to
23 second your nomination to the Court of Claims.
10117
1 ACTING PRESIDENT KUHL: Is there
2 any other Senator wishing to speak on the
3 nomination?
4 (There was no response.)
5 Hearing none, the question is on
6 the nomination of Colleen McMahon of Bronxville
7 to the position of Judge of the New York State
8 Court of Claims. All those in favor signify by
9 saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The nominee is unanimously
14 confirmed.
15 Judge McMahon is in the chamber,
16 as Senator Spano indicated, with her son
17 Patrick. We welcome you. Good luck.
18 Congratulations.
19 (Applause.)
20 The Secretary will read.
21 THE SECRETARY: Senator Lack,
22 from the Committee on Judiciary, reports the
23 following nomination: Mark Samuel Perla of
10118
1 Tonawanda, Erie County Court Judge.
2 ACTING PRESIDENT KUHL: Senator
3 Lack.
4 SENATOR LACK: Thank you, Mr.
5 President.
6 I rise to move the nomination of
7 Mark Samuel Perla of Tonawanda as an Erie County
8 Court Judge.
9 Judge Perla has been found well
10 qualified by the screening committee, has been
11 nominated by the Governor. His resume has been
12 reviewed by the staff of the Senate Judiciary
13 Committee. He appeared before the committee
14 this morning and was unanimously moved to the
15 floor for confirmation at this time and I would
16 most respectfully, Mr. President, yield to
17 Senator Volker for purposes of seconding.
18 ACTING PRESIDENT KUHL: Senator
19 Volker on the nomination.
20 SENATOR VOLKER: Mr. President,
21 once again, I'd like to also commend the
22 Governor for the various nominations this
23 morning as Senator Lack has said and others.
10119
1 The quality and competence of the
2 judges that have been submitted to us has been
3 absolutely superb and Mark Perla who is to
4 replace, by the way, the spot that was held by
5 Judge Rose LaMendola who we confirmed here last
6 week and elevated to the Supreme Court is
7 without question. Certainly he is one of the
8 top lawyers in western New York, comes from a
9 long family of attorneys.
10 He was an assistant attorney to
11 then U.S. Attorney Dennis Vacco in the Western
12 District for many years, in fact, ran the Civil
13 Division for the Attorney General, in fact, has
14 run it until the present, and he also was in the
15 District Attorney's Office in Erie County for
16 some years, one of the top attorneys in western
17 New York and I know he will make an excellent
18 judge.
19 But let me just say as he said
20 and we said on several occasions and coming
21 myself of a family of attorneys where my father
22 and my grandfather were also attorneys, not only
23 will he make himself and his family very proud
10120
1 of him as an excellent County Court judge but,
2 of course, he will also make his father very
3 proud of him, which I think is extremely
4 important.
5 So, Mark, as a constituent of my
6 colleague, Senator Rath, I would wish you the
7 very best of luck, and I know that you'll have a
8 long and valuable tenure as County Court judge.
9 ACTING PRESIDENT KUHL: Is there
10 any other -- Senator Rath on the nomination.
11 SENATOR RATH: Yes, Mr.
12 President.
13 I rise to join my colleague,
14 Senator Volker, in congratulating Mike Perla for
15 the nomination that he has stood for and for the
16 -- moving through the screening committee so
17 expeditiously. With the excellence of your
18 resume and your background, Mark, I don't think
19 there was any question but that you are highly
20 qualified for the job and, as one of my
21 constituents, of course, I am particularly proud
22 to have you ascending to the bench in Erie
23 County as judge -- as Senator Volker alluded to
10121
1 the fact, the long line of Perla tradition of
2 lawyers, not only did they have a long
3 tradition, but their firm's name being -- was it
4 five Perlas in a row, Perla, Perla, Perla, Perla
5 & Perla was always something of a great deal of
6 interest around Erie County with all the Perla
7 family working together and working well and
8 highly respected in the bench and the bar in
9 Erie County, and as Mark moves to this wonderful
10 position -- he's a young man and I think it's
11 very important to have young people with good
12 experience, because you have many years of
13 service and many years of experience that will
14 not only serve Erie County but all of the state
15 of New York.
16 Congratulations, Mark.
17 ACTING PRESIDENT KUHL: Senator
18 Maziarz on the nomination.
19 SENATOR MAZIARZ: Yes, Mr.
20 President.
21 I rise to second this nomination
22 of Mark Perla. Although I am not personally
23 acquainted with Mr. Perla, having spoken to
10122
1 Senator Volker and Senator Rath, I'm very
2 familiar with his long career in law,
3 particularly in the area of prosecution, and
4 just yesterday I happened to run into the new
5 Attorney General, Dennis Vacco, and Mr. Vacco
6 spoke very highly of Mr. Perla's capabilities in
7 the field of law and I think he'll make a fine
8 judge for Erie County Court, and also he's from
9 the town of Tonawanda which Senator Lack
10 continuously mispronounces, and I'm from North
11 Tonawanda which is right next door, and since he
12 is my neighbor, he can't be all that bad a
13 person, and I have talked to a good friend of
14 mine -- excuse me, Mr. President? Did you -
15 ACTING PRESIDENT KUHL: Senator
16 Maziarz, you have the floor.
17 SENATOR MAZIARZ: I talked to a
18 good friend of mine, an assistant district
19 attorney in Niagara County, Ron Winter, who told
20 me that Mr. Perla is not only a fine lawyer, but
21 he is also a great Buffalo Bills fan and being a
22 Bills fan, he certainly must be an excellent
23 person and I heartily second his nomination.
10123
1 ACTING PRESIDENT KUHL: Is there
2 any other Senator wishing to speak on the
3 nomination?
4 (There was no response.)
5 Hearing none, the question is on
6 the nomination of Mark Samuel Perla of
7 Tonawanda, New York to the position of Erie
8 County Court Judge. All those in favor of the
9 nomination, signify by saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The nominee is unanimously
14 confirmed.
15 We're very happy to have Mark
16 Perla in the chamber, along with his wife
17 Marilyn, who are seated in the gallery to your
18 left.
19 Judge, congratulations and good
20 luck.
21 (Applause.)
22 The Secretary will read.
23 THE SECRETARY: Senator Lack,
10124
1 from the Committee on Judiciary, reports the
2 following nomination: James C. Tormey III of
3 Syracuse, Justice of the Supreme Court for the
4 Fifth Judicial District.
5 ACTING PRESIDENT KUHL: Senator
6 Lack.
7 SENATOR LACK: Thank you, Mr.
8 President.
9 I rise to move the nomination of
10 James C. Tormey III for Justice of the Supreme
11 Court for the Fifth Judicial District. He has
12 been examined by the Governor's screening
13 committee, nominated by the Governor, examined
14 by the staff of the Judiciary Committee,
15 unanimously moved from -- as a result of the
16 committee meeting this morning to the floor of
17 the Senate today, and I would proudly yield to
18 Senator DeFrancisco for purposes of a second.
19 ACTING PRESIDENT KUHL: Senator
20 DeFrancisco on the nomination.
21 SENATOR DeFRANCISCO: I'm very
22 proud to be here today to second the nomination
23 of Judge Jim Tormey to be elevated to the
10125
1 Supreme Court of the state of New York.
2 I've known Jim and his wife Sue
3 for about 20 years. He served about ten of
4 those years with the county legislature and
5 served with distinction in that capacity.
6 Thereafter, he was elected to the City Court
7 bench, one of the most active benches in the
8 state and handled many, many criminal cases, and
9 I can personally attest to the fact that he
10 handled those cases both fairly and justly for
11 all parties involved, whether it be the
12 defendant, the victim, and treated lawyers the
13 way they should be treated with respect but
14 firmly when the need arose.
15 The family's commitment to
16 community service, I could go on forever, but
17 both of them -- both Sue and Jim are constantly
18 involved in youth activities and they have two
19 beautiful, young children and they share their
20 time with many other children to provide that
21 start that everyone needs to have.
22 You know, it's -- the thing that
23 I think is most important is that oftentimes we
10126
1 honor people and they get ascended to the bench
2 who are from large law firms with much more
3 substantial clients. Jim has gone through the
4 private practice with a small firm and he
5 understands what it is to practice as a small
6 practitioner. The cases may not be of the same
7 dollar value as some of the large firms, but
8 they're just as important for those people who
9 appear before a court, and it's his sense of
10 fairness and his treatment of the little guy
11 that I think is going to be extremely important
12 to our community.
13 So I'm very proud for all of
14 those reasons to be here to second the
15 nomination of Supreme Court Judge James Tormey
16 III.
17 ACTING PRESIDENT KUHL: Is there
18 any other Senator wishing to speak on the
19 nomination?
20 Senator Dollinger.
21 SENATOR DOLLINGER: Mr.
22 President, I'll be very brief. I seconded in
23 the Judiciary Committee Senator DeFrancisco's
10127
1 comments about the importance of a small firm
2 practice and the perspective that that gives a
3 future jurist.
4 I'd also comment just to add one
5 other comment, Mr. President, as I said in the
6 Judiciary Committee; I can't remember when I
7 voted for so many Republican conservatives in
8 the last two weeks, more so than I think in my
9 entire life, but I extend my public commendation
10 to Governor Pataki who is continuing the list of
11 quality candidates for the judiciary and that -
12 their one consistent theme, their one consistent
13 attribute has been quality. This is a candidate
14 who continues that list of quality candidates
15 for the bench.
16 I commend Judge Tormey. I wish
17 him the best as I do all the other candidates
18 that have been confirmed, and I'd just add a
19 commendation to the chair of the Judiciary
20 Committee who's done a great job putting these
21 nominees through.
22 Thank you.
23 ACTING PRESIDENT KUHL: Is there
10128
1 any other Senator wishing to speak on the
2 nomination?
3 (There was no response.)
4 Hearing none, the question is on
5 the nomination of James C. Tormey III of
6 Syracuse, New York, to the position of Justice
7 of the Supreme Court for the Fifth Judicial
8 District. All those in favor of the nomination
9 signify by saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The nominee is unanimously
14 confirmed.
15 We're very pleased to have Judge
16 Tormey in the chamber with us, along with his
17 wife Susan, his son Andrew and daughter Colleen.
18 Judge, congratulations and good
19 luck.
20 (Applause.)
21 The Chair recognizes Senator
22 Velella.
23 SENATOR VELELLA: Mr. President,
10129
1 can we go to the controversial calendar regular
2 order now?
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the controversial calendar.
5 THE SECRETARY: On page 30,
6 Calendar Number 1276, by Senator Larkin, Senate
7 Print 3869-B, an act to amend the Agriculture
8 and Markets Law, in relation to penalties for
9 mistreated animals.
10 SENATOR PATERSON: Explanation.
11 ACTING PRESIDENT KUHL: Senator
12 Larkin, an explanation of the bill has been
13 asked for by the Deputy Minority Leader, Senator
14 Paterson.
15 SENATOR LARKIN: Yes, Mr.
16 President.
17 Senator Paterson, this bill
18 allows for the removal of mistreated animals
19 from the custody of their abuser and provides
20 for the adoption or sale of the animals after
21 they have been rehabilitated.
22 The bill further provides that
23 the animals shall be forfeited only following a
10130
1 hearing. Key point here is that this bill does
2 not permit the sale of dogs or cats by the
3 Humane Society to institutions for testing and
4 lab work.
5 Senator Paterson, one other
6 thing. I would like to take -- he's not in the
7 chamber, I don't know where he's hiding, but I
8 wanted to thank personally Senator Onorato who
9 did a lot of work with us with the SPCA in New
10 York City because when we were down on some of
11 the points, George was very kind enough to bring
12 in some of the players that he thought were
13 essential and this bill has been worked out with
14 them. This meets all of their requirements. It
15 also answers a question that was used as a basis
16 for the veto of Governor -- former Governor
17 Cuomo.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson.
20 SENATOR PATERSON: Thank you very
21 much, Senator Larkin.
22 You know, Senator Onorato is very
23 shy and he wouldn't want to be here and have his
10131
1 -- be flattered to this extent. He wouldn't
2 want you all to take pictures of him, so he
3 stepped outside the chamber for a moment when he
4 knew that you would mention him. I just have
5 one question. Under this bill -
6 ACTING PRESIDENT KUHL: Senator
7 Larkin, do you yield to a question from Senator
8 Paterson?
9 SENATOR LARKIN: Yes, Mr.
10 President.
11 ACTING PRESIDENT KUHL: The
12 Senator yields.
13 SENATOR PATERSON: Would it -
14 would there be a risk by the adoption of this
15 bill of diseased dogs and cats being used for
16 scientific research?
17 ACTING PRESIDENT KUHL: We
18 couldn't do it under this -- provisions of this
19 bill.
20 SENATOR PATERSON: Thank you,
21 Senator.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
10132
1 THE SECRETARY: Section 3. 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 50.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 SENATOR LACK: Mr. President.
10 ACTING PRESIDENT KUHL: Senator
11 Lack.
12 SENATOR LACK: (Inaudible.)
13 ACTING PRESIDENT KUHL: Without
14 objection, Senator Lack will be recorded in the
15 negative on Calendar Number 1276.
16 Senator Marchi will be also
17 recorded in the negative on Calendar Number
18 1276.
19 Senator Tully will be recorded in
20 the negative on Calendar Number 1276. Announce
21 the results.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar 1276 are Senators Lack,
10133
1 Marchi and Tully. Ayes -- also, Senator
2 DiCarlo. Also, Senator Padavan. Ayes 45, nays
3 5.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 The Secretary will continue to
7 call the controversial calendar.
8 THE SECRETARY: Calendar Number
9 1293, by Senator Lack, Senate Print 1297-A, an
10 act to amend the Surrogate's Court Procedure
11 Act, in relation to the statute of limitations.
12 SENATOR VELELLA: Lay it aside,
13 please.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 1297, by Senator Padavan, Senate Print 3093, an
18 act to amend the Social Services Law, in
19 relation to the exclusion of illegal aliens.
20 SENATOR PATERSON: Explanation.
21 ACTING PRESIDENT KUHL: Senator
22 Padavan, an explanation of Calendar Number 1297
23 has been asked for by Senator Paterson.
10134
1 SENATOR PADAVAN: Thank you, Mr.
2 President.
3 Yesterday, we had considerable
4 discussion relevant to illegal aliens taking
5 advantage of various social programs.
6 Specifically, we talked yesterday about health
7 care, non-emergency health care.
8 This bill deals with public
9 assistance, welfare, in particular, which are
10 not mandated by federal law. It permits -
11 requires that Social Service agencies in this
12 state determine whether or not an applicant
13 complies with the requirements -- statutory
14 requirements for public assistance such as, of
15 course, being a citizen, lawfully admitted alien
16 either on a permanent resident basis or
17 temporary basis or any other person who is
18 permitted to be in this country by federal law
19 of which there are a number of categories.
20 We are reflecting specifically
21 the recommendations of the U.S. Commission on
22 Immigration Reform which I read to you yesterday
23 where they say specifically that illegal aliens
10135
1 should not be eligible for any -- and I'm quot
2 ing this -- "for any publicly-funded services or
3 assistance except those made available on an
4 emergency basis."
5 I also shared with the members a
6 portion of the speech given by the President on
7 May 6th of this year in which he specifically
8 indicates denying illegal aliens benefits for
9 public services or welfare. That, again, is a
10 direct quote.
11 So our initiative here is
12 consistent with inputs and studies and
13 recommendations that come from myriad sources.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson.
16 SENATOR PATERSON: If Senator
17 Padavan would yield.
18 ACTING PRESIDENT KUHL: Senator
19 Padavan, do you yield to Senator Paterson?
20 SENATOR PADAVAN: Yes.
21 ACTING PRESIDENT KUHL: The
22 Senator yields.
23 SENATOR PATERSON: Senator, I
10136
1 don't think that we need to go through the whole
2 conversation yesterday. I think that the issue
3 was generally well discussed between yourself
4 and Senator Espada and Senator Mendez and
5 Senator Marchi, so we don't need to duplicate
6 that discussion; wouldn't you agree?
7 SENATOR PADAVAN: I would agree
8 with you fully, and unless there's some specific
9 questions that I can answer, I would be happy to
10 proceed on that basis.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson.
13 SENATOR PATERSON: Just that it
14 seems to me that we're duplicating Section 131
15 of the Social -- Section 131 (k), rather, of the
16 Social Services Law where what you're trying to
17 accomplish in this legislation actually already
18 exists.
19 As a matter of fact, the
20 individual has to show this identification
21 before they could receive the public service
22 and, in addition, we now have finger-imaging,
23 which we're incorporating into this system, so I
10137
1 really don't know why we need to go much further
2 than that which already exists.
3 I do understand that when an
4 issue is important and an individual feels that
5 in spite of the fact that laws are on the books
6 that we're -- the conduct is not following the
7 law and this wouldn't be the first time we have,
8 in a sense, restated the law to send a message
9 about the importance of the issue, but other
10 than that, it seems to me that the law is well
11 spoken on this subject.
12 SENATOR PADAVAN: Let me respond
13 briefly, very briefly.
14 First, this bill has certain
15 provisions in it that are not in Section 131
16 (k), specifically the reporting provisions, but
17 beyond that, let me share with you specific
18 input from the welfare inspector general of the
19 state of New York and the New York City
20 Department of Social Services.
21 At one of a number of public
22 hearings we had in the city of New York, Mr.
23 Toro, whom I think you know, Elmer Toro,
10138
1 appeared before our committee and spent a
2 considerable amount of time sharing with us in
3 detail the fact of widespread fraud in our
4 welfare system in which he outlined chapter and
5 verse -- and his statements are in the reports
6 that we prepared last year and this year. He
7 outlined in chapter and verse the methodology
8 and the ways that people were getting into our
9 social services system in a fraudulent fashion.
10 He was followed on that day by
11 several representatives of the New York City
12 Department of Social Services, and I asked them
13 directly and again, this is a -- we have a
14 transcript of that dialogue for your perusal, if
15 you wish. I asked them directly what the
16 procedures were relevant to fraudulent
17 applications on the part of illegal immigrants
18 in our welfare system, and they said, "Well, we
19 comply with the law, 131 (k) and we do this and
20 we do that." My next question is "How many
21 persons" -- you have heard Mr. Toro say
22 widespread welfare fraud, thousands of people
23 getting in the system, costing us millions of
10139
1 dollars, "How many people last year did you
2 identify in this category?" The answer was
3 none, because in the city of New York we have
4 something known as Executive Order 124 which
5 literally precludes the intake person from even
6 making an inquiry, nevertheless without seeking
7 the support of some higher up supervisor -- I'll
8 wait until you confer with your staff and finish
9 my answer.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson.
12 SENATOR PADAVAN: So what I'm
13 telling you, Senator, is that while 131 (k) is
14 on the books in the city of New York, in
15 particular, it's virtually, if not specifically,
16 entirely ignored, and as far as the number of
17 persons who are coming into that system -- and
18 we have specific data, estimates provided to us
19 by the state division of social services as to
20 the magnitude of that problem. We're not
21 talking about small sums, we're talking about
22 millions and millions of dollars which I might
23 add again, to repeat what I said yesterday,
10140
1 hurts most of all those individuals legitimate
2 ly -- both immigrants and citizens, legitimately
3 entitled to social services.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Thank you,
7 Senator, if you would continue to yield.
8 SENATOR PADAVAN: Yes.
9 SENATOR PATERSON: At the point
10 that individuals are suffering and are now in
11 great need and we are compelled to treat them
12 even if they are illegal aliens, does not this
13 legislation put some people in the position of
14 not even reaching out to an agency only to find
15 later on that they become bad debt and charity
16 cases or so severely impaired by illness that we
17 are, in a sense, forced to treat them?
18 SENATOR PADAVAN: I don't -- when
19 you said "treat them", you're talking about
20 health care?
21 SENATOR PATERSON: Health care
22 situations, yes.
23 SENATOR PADAVAN: Again, we
10141
1 discussed that at great length yesterday.
2 Emergency medical health care is required by
3 federal law to be provided by the state,
4 parenthetically, may I say, at our total
5 expense. We had no compensation from the
6 federal government for it, but nevertheless, it
7 is mandated. So someone who is in need of
8 health care in the manner you just described
9 would be entitled to it and would receive it.
10 SENATOR PATERSON: And my
11 question, Senator, is are we, in effect, by
12 creating a situation where our social service
13 agencies -- in other words, the way we have a
14 law now, the individual can actually withdraw
15 their application once it becomes clear that
16 they're being referred to INS or they're being
17 referred to the consulate if they're a visitor
18 or they're being referred to some other agency,
19 what I'm saying, if we put them in the position
20 where we're turning the workers into INS agents,
21 do you think there would be a significant number
22 of individuals who would eschew the opportunity
23 to seek this type of assistance only to find out
10142
1 later that they become those medical cases that
2 we are actually talking about?
3 SENATOR PADAVAN: Senator, your
4 question is, forgive me for saying this,
5 somewhat ambiguous. These are people in this
6 country in violation of federal law. They are
7 law breakers.
8 SENATOR PATERSON: No, I
9 understand that, Senator.
10 SENATOR PATERSON: To quote the
11 President, "While we are a nation of immigrants,
12 we are also a nation of laws", and if someone
13 violates the law coming into this country in a
14 myriad of ways, they are doing so. Read
15 yesterday's New York Times that Senator Marchi
16 provided for us in terms of highlighting how
17 they're coming in from all over the world,
18 coming in by plane, by boat, across the border
19 from Canada, across the St. Lawrence in boats,
20 being put on buses, sent down to New York City,
21 being provided for a few hundred dollars a
22 complete set of fraudulent documents and getting
23 in our social service system. That is a fact.
10143
1 There is nothing that I'm saying
2 to you that is not verifiable in a variety of
3 ways, but in the city of New York, we turn a
4 blind eye to that illegality, and these
5 individuals are getting into our system, and
6 again I quote the welfare inspector general and
7 the state Department of Social Services who tell
8 us chapter and verse the estimates of costs
9 associated with that illegality.
10 So, Senator, I don't know what
11 you're asking me, unless you're saying that even
12 though that person is here illegally, violating
13 our laws, federal and state laws, we should
14 provide social services. If you're saying that,
15 then we really don't have a basis for dialogue.
16 SENATOR PATERSON: Senator, I'm
17 actually saying the same thing you're saying.
18 I agree with you and I understand
19 what you're saying about individuals who are
20 here illegally, who are, in a sense, trying to
21 manipulate and take advantage of the system and
22 you were -- it was a good point that you made
23 that it probably, in many respects, hurts others
10144
1 who legitimately are citizens who need social
2 services, but what I'm saying to you -- and let
3 me try to be clear since we're quoting great
4 Democrats today; you quoted the President's
5 speech on May 6, I want to quote Senator Pedro
6 Espada, his comments on June 14th right here in
7 the chamber yesterday, when he said that often
8 the children of illegal aliens who are citizens
9 of this country won't get to the medical
10 services they need because the parents are
11 afraid to go near the social services for fear
12 that they'll be caught.
13 So, in other words, what I'm
14 saying to you, Senator Padavan, is I'm not
15 trying to stand here and make a case for people
16 who are acting illegally. What I'm trying to do
17 is to -- to amplify the need beyond that need
18 where an individual is in a serious medical
19 condition and even you said that we have to
20 treat those cases. Cases where it's a life
21 threatening illness, we treat them, in a sense
22 as bad debt and charity cases in our hospitals.
23 What I'm saying to you is there
10145
1 is kind of an ancillary application to something
2 that we both agree on -- agree upon and that is
3 those individuals who, but for the fact that
4 they might seek this other assistance, may wind
5 up in that same situation.
6 Now, it is probably something
7 that you would regard as a stretch, but I'm
8 saying that what Senator Espada did yesterday
9 was he documented cases where it actually
10 happens. And so what I'm saying to you is are
11 we going to be that strict? Are we going to set
12 a standard that is that stern that we are going
13 to possibly lose those individuals who are in
14 need of health care; and before you answer, let
15 me just assure you that under the law, you are
16 absolutely right, but what I'm talking to you
17 about is not necessarily the application of the
18 law, but the reality of its ramifications.
19 SENATOR PADAVAN: Let me -- let
20 me answer the question in this fashion. First,
21 I think this country has demonstrated
22 compassion, perhaps more than some would like
23 but, nevertheless, there. When we must conform
10146
1 the federal mandates that say if an individual
2 shows up at a hospital, both public and private,
3 is in need of emergency health care which is
4 broadly defined, including a serious disease,
5 such as TB or anything else, that person will
6 receive that health care without question, the
7 full cost to the state, the locality involved.
8 That is compassion.
9 Federal law says that if a child
10 shows up at a public school irrespective of how
11 that child is in this country, there shall be
12 not even a question asked relevant to their
13 legal status. That is compassion, and all the
14 way down the list of every service that we have
15 to provide, federal mandates require that we
16 demonstrate, as you, I think, are saying,
17 indirectly or directly, compassion, but there is
18 a limit.
19 Now, let me repeat what -- or
20 give you a more specific fact. Inspector
21 General Toro informed our committee, quote,
22 "According to statistical data recently received
23 from the New York State Department of Social
10147
1 Services, a staggering $68,832,000 was expended
2 for emergency medical services for undocumented
3 aliens, illegal aliens ineligible for public
4 assistance for three years. The costs covered
5 the period from August '92 through July '93.
6 Approximately 63 million of the total figure was
7 expended in New York City."
8 Now, Senator, there's compassion
9 for you. That's a lot of money, and we're
10 spending it. A lot of it is being spent
11 consistent with federal law, a lot of it is not,
12 because those individuals who have gotten into
13 the system in a fraudulent way should not be the
14 beneficiaries of that type of compassion.
15 ACTING PRESIDENT KUHL: Senator
16 Paterson.
17 SENATOR PATERSON: I want to
18 thank Senator Padavan, Mr. President, for his
19 answers.
20 Mr. President, on the bill.
21 Senator Padavan is right, this is a country of
22 compassion. This is a country that has
23 demonstrated compassion and yet, Mr. President,
10148
1 it's exactly my fear that we are beginning to
2 lose that element that sets us apart from other
3 countries in the world that caused me to ask the
4 questions in the first place, if we're going to
5 start promulgating laws that are going to turn
6 our teachers, our social service providers and
7 our medical health care professionals into
8 immigration and naturalization agents, and so I
9 think in this particular circumstance, that
10 Senator Padavan is right if he says that the
11 current law, Section 131 (k) of the Social
12 Services Law is not actually working to the -
13 to a point where we're actually catching illegal
14 aliens, but I think that we are a system and we
15 also have laws. That may relate to how our
16 system operates, and I think that relates to
17 where we may need to make changes in our -- our
18 immigration detection and that kind of thing.
19 What I think we're doing is we're
20 taking this situation into a lot of different
21 areas where it really doesn't belong, in a
22 sense, turning all issues and all procedures
23 into some kind of a reflection on individual's
10149
1 immigration status which, I think, is going to
2 unfairly stigmatize a lot of Americans, and
3 that's what Senator Padavan was saying, if
4 illegal aliens come in and they take advantage
5 of our social services, that they are going to,
6 in a sense, impede the progress of citizens of
7 this country.
8 What I'm saying is that some of
9 these laws are also going to impede the progress
10 of Americans who happen to be either foreign
11 born or demonstrate some characteristic that
12 makes it clear that at some point they were from
13 a foreign land, and I don't want those
14 individuals to be walking around, literally in a
15 sense being checked at every point even when
16 they need help as if we were living in 1960s
17 Johannesburg. And so that's really my objection
18 to the legislation.
19 I think the point of it is well
20 made and I think that Senator Padavan raises an
21 important issue when he says that the federal
22 government has caused the state to have to pick
23 up a lot of these costs. I'm just saying that
10150
1 right now I think that we are taking this
2 legitimate problem that we have into a lot of
3 areas of government where it really doesn't need
4 to be focused.
5 Thank you.
6 ACTING PRESIDENT KUHL: The Chair
7 recognizes Senator Marchi.
8 SENATOR MARCHI: Mr. President,
9 to reiterate some of the considerations I
10 advanced yesterday. Hard facts, difficult and
11 mistaken execution of the laws that we do have
12 sometimes invoke a terrible prejudice on the
13 very people that we all sympathize with, the
14 person who is exposed to major difficulties, and
15 I certainly respect the sentiments that Senator
16 Paterson gave testimony to in his remarks, but
17 it simply fails to deal with the -- with the
18 circumstances of evasion and what it does even
19 to those who are allegedly victimized by the
20 policy that I co-sponsor with Senator Padavan.
21 I recall my experience in the
22 hospital, the -- oh, if I can remember it right
23 now, the name of it -- in Tel Aviv where people
10151
1 come across -- at that time there was a state of
2 tension between Jordan and Israel, but they came
3 across the Allenby Bridge or through the various
4 points of access on a Wednesday afternoon and
5 could go and get treatment, hospital operations,
6 and then when the person was able to walk again
7 and navigate, then they were escorted out of the
8 country again.
9 This was an enlightened policy
10 that they followed and it did not victimize
11 people, and you have the problem of the -- of
12 the person who comes in under the circumstances
13 that Senator Padavan is addressing with really
14 no solution at all.
15 This bill requires a 180-day wait
16 before the effective date kicks in. Hopefully,
17 they may get some feeling, some reaction to this
18 in places where immigration policy is
19 formulated, but as I stated yesterday and I want
20 to circulate -- one of the Senators asked me for
21 the copy of the Times article where people
22 really bleed themselves to death practically to
23 get passage, elicit passage and then they lose
10152
1 all that money, because in some cases they are
2 caught and those who have exploited them keep
3 the money.
4 Then those that get here, I have
5 a feeling that there's a built-in interest by
6 people who support this system because it
7 enables them to use slave labor. The threat and
8 the powerless circumstances, the tragic
9 circumstances of the person who comes here un...
10 illegally and then is working in a factory being
11 paid substandard wages, living on the edge of
12 the razor simply because any -- any -- anything
13 they might do might invite the whistle blower.
14 It's a form of human slavery, and unless we
15 jettison poor public policy and proceed on a
16 constructive basis as some countries have done,
17 I feel that really there are no alternatives to
18 -- to what is being proposed here.
19 It does address the question of
20 dire need or persons who are in urgent need of
21 medical treatment and it does say we will extend
22 that assistance, but it's a terrible weapon and
23 there are people who are in slavery in this
10153
1 country, in 1995 who are literally slaves as a
2 result of this policy, because they're not in a
3 position to even lift their arms to fend off the
4 blows. It's bad public policy and we ought to
5 put an end to it.
6 ACTING PRESIDENT KUHL: Senator
7 Mendez.
8 SENATOR MENDEZ: Mr. President, I
9 -- even though I think -- I'm totally convinced
10 that Senator Padavan is correct in his bill in
11 wanting to deny all sorts of services to illegal
12 aliens, I think that the way that he is going
13 about it is in the wrong way.
14 The question of the -- the
15 compassion that our nation has had through the
16 years for the needy, it's not a question here.
17 The question here, Mr. President, will be
18 whether or not in this bill we would be
19 resolving the issue of illegal aliens, that they
20 should not be here and we all know it. Illegal
21 aliens shouldn't be here.
22 Now, I feel, Mr. President, that
23 New York State is a part of a federal
10154
1 government, and immigration is a function of the
2 federal government, and the question that I want
3 to ask Senator Padavan, if he will yield -- Mr.
4 President, will Senator Padavan yield for a
5 question?
6 Mr. President -- Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 Mendez.
9 SENATOR MENDEZ: Will Senator
10 Padavan yield for a question?
11 ACTING PRESIDENT KUHL: Senator
12 Padavan, do you yield to Senator Mendez? The
13 Senator yields.
14 SENATOR MENDEZ: Mr. -- Senator
15 Padavan, you mentioned $68 million as a figure
16 that you were given for the total cost of these
17 services to the illegal aliens. That's the
18 figure that you cited. I know I was given the
19 figure of 300,000 illegal aliens in the entire
20 country. In fact, yesterday Senator Marchi
21 mentioned -
22 SENATOR PADAVAN: Excuse me,
23 Senator. Would you repeat that because I didn't
10155
1 hear you.
2 SENATOR MENDEZ: I will. Senator
3 Marchi mentioned yesterday that in the state of
4 New York there are 75,000 illegal immigrants.
5 SENATOR PADAVAN: Coming in every
6 year.
7 SENATOR MENDEZ: Every year.
8 Let's talk on a yearly basis.
9 SENATOR PADAVAN: We have over a
10 half a million.
11 SENATOR MENDEZ: Yes, but you
12 mentioned the $68 million that you mentioned
13 that are used, they are yearly expenditures as
14 well, so let's take it one year at a time.
15 SENATOR PADAVAN: Sure.
16 SENATOR MENDEZ: Say in any one
17 given year, there are 75,000 illegal aliens in
18 New York State. The figure that was given to
19 you of $68 million for services, that boils down
20 -- in health services, for example, that boils
21 down to close to $1 million per illegal alien.
22 There is something wrong in that figure and I
23 will tell you why. That is not -
10156
1 SENATOR PADAVAN: Mr. President,
2 will the Senator yield for just a minute?
3 SENATOR MENDEZ: Let me finish.
4 ACTING PRESIDENT KUHL: In a
5 moment.
6 SENATOR MENDEZ: Yes, I will, in
7 a second.
8 ACTING PRESIDENT KUHL: She will
9 yield in a moment.
10 SENATOR MENDEZ: So that 68- -
11 so that figure probably includes -- the figure
12 given to you by Health and Hospitals Corporation
13 probably includes all those charges in Medicaid
14 that are made by hospitals in the city of New
15 York for people who do not have any health
16 insurance.
17 Now, that bulk of people include
18 the working poor American citizens and -- and
19 those who are on public assistance, American
20 citizens, which is, in fact, an inflated figure
21 of medical costs that does not necessarily
22 include all -- only those illegal aliens.
23 Senator Padavan.
10157
1 ACTING PRESIDENT KUHL: Senator
2 Padavan, Senator Mendez will now yield.
3 SENATOR PADAVAN: Senator, I love
4 you dearly, but your arithmetic, you got to go
5 back to school.
6 SENATOR MENDEZ: I won't comment
7 on that. After we get out of the chamber, then
8 I will comment on that privately to you.
9 SENATOR PADAVAN: All right, all
10 right, all right. Senator, according to INS,
11 conservatively -
12 SENATOR MENDEZ: I'm sorry?
13 SENATOR PADAVAN: According to
14 the Immigration and Naturalization Service,
15 conservatively, there are 510,000 illegal aliens
16 in New York State, roughly 80 percent of them in
17 New York City. Now, that is a fact. Senator
18 Marchi -
19 SENATOR MENDEZ: Senator -
20 SENATOR PADAVAN: Sh-h-h. Bear
21 with me for a moment. Senator Marchi was
22 talking about the number coming in every year,
23 but they don't just come in and leave. That
10158
1 figure of over a half a million is a cumulative
2 figure as of, I think, 1993 when they provided
3 us that information.
4 Okay. Now, if you use -
5 SENATOR MENDEZ: Mr. President,
6 but the $68 million figure, is that a yearly -
7 yearly expenditure?
8 SENATOR PADAVAN: Yes.
9 SENATOR MENDEZ: On 500- -- on 40
10 percent of 500,000 illegal aliens?
11 SENATOR PADAVAN: Listen to me.
12 The $68 million as reported to us by state
13 division of social services is a figure expended
14 in a particular year. I think I quoted before
15 the specific year they were talking about. Even
16 if you took that figure and divided it by the
17 500,000, you would be talking like $100 a
18 person. I don't know where you got a million
19 from, but not all of the half a million illegal
20 aliens are on social services. A percentage of
21 them are, and the Department of Social Services
22 has provided us with specific information as to
23 what percentage and what the dollars are
10159
1 relevant to that population. That is where they
2 came up with the 68 million, specifically 63
3 million in the city of New York where the bulk
4 of it is. I hope you got your arithmetic
5 straight.
6 SENATOR MENDEZ: $63 million on a
7 yearly basis on 40 percent of whatever illegal
8 aliens are in the city of New York.
9 SENATOR PADAVAN: 80 percent are
10 in the city of New York.
11 SENATOR MENDEZ: 80 percent. So
12 how much is that?
13 SENATOR PADAVAN: It's over
14 400,000.
15 SENATOR MENDEZ: Yes. Okay.
16 Okay. In health care alone?
17 SENATOR PADAVAN: No, in social
18 services. Health care -- I will give you health
19 care. I'll repeat from yesterday. Health care
20 portion, they estimate around 30 million.
21 SENATOR MENDEZ: Senator Padavan,
22 the reality is that figures that have been
23 published in terms of the taxes paid by
10160
1 immigrants, legal immigrants and illegal aliens
2 as well, the taxes that these individuals pay
3 every year is $72 billion, and in terms of
4 services that they use, they're only using 43
5 -- around $43 billion a year, so we still have
6 43- to 72 million. Please, you're the good one
7 in arithmetic. We still have an excess of
8 billions of dollars on a yearly basis that we're
9 paying taxes for.
10 SENATOR PADAVAN: Senator, if -
11 Mr. President, if you're telling me that illegal
12 aliens are providing the state of New York two
13 billion, I think you said annually -- did you
14 say two billion?
15 SENATOR MENDEZ: I said, Senator
16 Padavan, that on a yearly basis the documented
17 as well as undocumented in the -- in the United
18 States pay 72, I believe, billion dollars in
19 taxes and I am also saying that nationally they
20 use only 43 something or other billion dollars,
21 so there is a -- a difference of over $20
22 billion that the nation is receiving because
23 they are paying taxes, but -- but, Senator
10161
1 Padavan, way and above that, what I really -
2 and I know that you're right in one sense.
3 Nobody has the right to be in our country
4 illegally. I completely am in agreement with
5 you on that.
6 I differ from you in terms of the
7 solution that you want to impose in New York
8 State in your urgent desire, correctly so, of
9 doing something about this problem.
10 I differ with you on that because
11 the people that are responsible for the
12 function, for controlling our borders are our
13 government, our federal government, and then all
14 of us, we don't believe in mandates. Why should
15 we at the local level impose hospitals, impose
16 on Social Services agencies, impose upon them
17 the verification of the status of people who go
18 for services? I think that is making little
19 immigration offices everywhere throughout the
20 state a burden on the existing employees, and we
21 are allowing the federal government to get away
22 legally with economic murder.
23 Don't you think that there will
10162
1 be -- Senator Padavan, don't you think that is
2 reasonable to believe that all these places, the
3 hospital, offices of economics, social services
4 departments throughout the entire state, they
5 will be becoming not only the city halls, but
6 little federal immigration offices and we'll be
7 burdening them with that.
8 SENATOR PADAVAN: No. The answer
9 to your question in regard to their becoming
10 what you just described, I don't share at all.
11 I would like to ask you, Senator,
12 when you get a chance, if you would look at
13 Appendix 1 of our most recent report which
14 confirms many of the things you just said.
15 Immigrants in this state and in this nation
16 provide a considerable amount of revenue, and I
17 have outlined it right down the line -- as a
18 matter of fact, in 1992, immigrants paid income
19 taxes of $1.7 billion in New York State. We
20 have it by income range, tax revenue, percent
21 foreign-born.
22 We, in this report, took almost
23 six months in collecting data on the contribu
10163
1 tions that immigrants have made in terms of
2 income taxes and other forms of revenues that
3 flow into our coffers, so I have no problem at
4 all in accepting that.
5 As a matter of fact, we spent, as
6 I said, an awful lot of effort of putting it in
7 here so people could read it, but let us not
8 confuse that with the illegal immigrants that
9 are addressed by this bill. They're not paying
10 income taxes. The only tax they're probably
11 paying is a sales tax because you can't avoid
12 that.
13 Those who are getting into our
14 social service system with fraudulent documents
15 -- and I'm sure you won't disagree with me,
16 because every day it seems we pick up the
17 newspaper and we hear about people arrested for
18 selling those documents and they're buying them
19 for one reason, to get into the system. Those
20 people are not paying taxes. Those are the ones
21 that Mr. Toro and the state Department of Social
22 Services provided us with the data as to what
23 they are costing the state for which we are not
10164
1 getting any compensation neither from the
2 individual nor from the federal government.
3 Now, your question was are our
4 intake offices, whether it be Social Services or
5 wherever, being required to do some checking?
6 Yes, they are, but they're being required to do
7 the checking for everybody. Welfare fraud is a
8 major issue in this state.
9 Now, with regard to immigrants,
10 however, there's a little thing known as
11 Executive Order 124 in the city of New York, and
12 it says you won't ask them about immigration.
13 You can ask them about anything you want that
14 relates to their application, but you won't ask
15 them about immigration. We cannot tolerate
16 that, and that's what this bill is all about.
17 SENATOR MENDEZ: Senator Padavan
18 -- Mr. President, as I said before -
19 ACTING PRESIDENT KUHL: Senator
20 Mendez.
21 SENATOR MENDEZ: -- I do know
22 that the intentions of Senator Padavan with this
23 bill are good intentions. On the other hand, we
10165
1 also know that the way to hell is full of good
2 intentions, and by that I mean an effort to
3 resolve this issue that is really bothering
4 every single person in New York State and
5 nationally, he's proposing a solution that will
6 not resolve the problem and could bring a lot of
7 discrimination on other people that are
8 legitimately American citizens either by birth
9 or by -- or because they have become some -
10 that afterwards.
11 So it is not the way. Why should
12 we except, as I said before, the federal
13 government from discharging their function of
14 dealing with the -- with who should be in the
15 country and for how long, and I think that will
16 be imposing extra work to the -- the offices
17 throughout the state, and that is not -- that
18 shouldn't be their function.
19 So, really, it's a misguided
20 solution to an existing problem, and I hope that
21 my colleagues do not support this bill.
22 Senator Padavan has done a lot of
23 work on that. He must go back to the drawing
10166
1 board and really try to find out more creative
2 ways of finding a solution to this problem. The
3 whole basis in which this is -- this is done are
4 premises that are wrong, wrong because they are
5 based just on gender stereotypes as to who the
6 immigrant is.
7 While I think that this bill has
8 had plenty of discussion yesterday and today, I
9 don't believe that we should beat a dead horse
10 anymore. I just want to ask my colleagues to
11 consider very seriously voting against this
12 measure.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 180th day.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT KUHL: Announce
22 the results when tabulated.
23 The Chair recognizes Senator
10167
1 Leichter to explain his vote.
2 SENATOR LEICHTER: To explain my
3 vote. I think I have made very clear my
4 concerns about some of the legislation that
5 Senator Padavan has advanced. I don't see the
6 problem as he does. I'm a bit concerned about
7 the motivation, but I must say I see no problem
8 and nothing wrong in requiring verification by
9 somebody who applies for public assistance that
10 that person is really entitled to it, and if,
11 among other matters that have to be verified as
12 citizenship or the right to be in the country, I
13 don't find that offensive.
14 We ask a person to identify where
15 they live. We certainly ask them to identify
16 that they are -- that they qualify financially
17 for the public assistance. I have supported
18 finger-imaging. I don't find anything offensive
19 in that. I mean, I think if somebody applies
20 for assistance from government, then government
21 has a right and, in fact, an obligation to
22 establish in a credible, reasonable manner that
23 the person is entitled.
10168
1 So I'm going to support the bill,
2 but I just want to state again as I did in
3 connection with the other bills, my concerns
4 about the -- or the insinuation that really so
5 many of our problems are being caused by illegal
6 immigrants or legal immigrants who come here and
7 are burdening the social service system.
8 I'm also somewhat concerned about
9 language in this bill in Section 2 where it
10 requires entities to provide all sorts of
11 information without really being clear that -
12 what is being referred to, but I think a good
13 faith effort -- and I take this to be a good
14 faith effort -- that people have to establish
15 that they are entitled to public assistance, I
16 have no problem with that.
17 ACTING PRESIDENT KUHL: Senator
18 Leichter will be recorded in the affirmative.
19 Senator Gold to explain his vote.
20 SENATOR GOLD: Yes. I would like
21 the words of Senator Leichter attributed to me.
22 I vote yes.
23 ACTING PRESIDENT KUHL: Senator
10169
1 Gold will be recorded in the affirmative.
2 Announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar 1297 are Senators
5 Abate, Connor, Markowitz, Mendez, Paterson and
6 Smith. Also, Senator Montgomery. Ayes 45, nays
7 7.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 The Secretary will continue to
11 call the controversial calendar.
12 Senator Maltese, why do you
13 rise?
14 SENATOR MALTESE: Mr. President,
15 I ask unanimous consent to be recorded in the
16 negative on Calendar Number 176.
17 ACTING PRESIDENT KUHL: Without
18 objection, hearing no objection, Senator Maltese
19 will be recorded in the negative on Calendar
20 Number 1276.
21 THE SECRETARY: Calendar Number
22 1322, by Senator Skelos, Senate Print 2458A, an
23 act to amend the Family Court Act, in relation
10170
1 to orders of protection.
2 ACTING PRESIDENT KUHL: Senator
3 Skelos, an explanation has been asked for on
4 Calendar Number 1322.
5 SENATOR SKELOS: Mr. President,
6 under the bill, the court may, as a condition of
7 relief in an order of protection, prohibit the
8 respondent from transferring, encumbering or
9 otherwise disposing of property otherwise
10 mutually owned or leased.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson.
13 SENATOR PATERSON: Mr. President,
14 I think this bill is of very good intent and
15 it's fine really, but do you think that by
16 passing this legislation that we may actually
17 inhibit courts, because since the courts have
18 the power to effect this right now, whatever
19 would be deemed left out of this legislation
20 would be construed to be as intent on the part
21 of the Legislature and now the courts might
22 actually be barred from taking action that it
23 otherwise could take right now?
10171
1 SENATOR SKELOS: I don't believe
2 that. Really what we're trying to do is avoid
3 the control that a person who perpetrates
4 domestic violence against a spouse -- they do it
5 many times to control the person by perhaps
6 saying, "You can't use the car. I'm going to
7 transfer these assets, I'm going to take the
8 keys," and really what we're looking to do is
9 give the court at a critical point when they're
10 going for an order of protection, a little bit
11 more that they can do to protect the spouse that
12 is being abused.
13 SENATOR PATERSON: Now, Senator,
14 if you would continue to yield.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos, do you continue to yield?
17 SENATOR PATERSON: There is
18 concurrent jurisdiction here that the criminal
19 court has, but I notice you haven't amended the
20 Criminal Procedure Law so that the criminal
21 court can, in a sense supervene the Family
22 Court. Is there a reason that you did not amend
23 the Criminal Procedure Law to coincide with what
10172
1 you're trying to accomplish?
2 SENATOR SKELOS: There's no
3 reason for it. It's a suggestion that we'll
4 look at.
5 SENATOR PATERSON: Oh. All
6 right. Thank you very much, Senator.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the 60th day.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 52.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1354, by Senator Maziarz, Senate Print 5321, an
19 act to amend the Criminal Procedure Law, in
20 relation to period of limitation.
21 SENATOR PATERSON: Explanation.
22 ACTING PRESIDENT KUHL: Senator
23 Maziarz, an explanation of Calendar Number 1354
10173
1 has been requested by the Deputy Minority
2 Leader, Senator Paterson.
3 SENATOR MAZIARZ: Thank you, Mr.
4 President.
5 Mr. President, this legislation
6 eliminates the statute of limitations for
7 prosecution of Class B violent felonies.
8 Currently only a Class A felony has no statute
9 of limitations. Under present law, there is a
10 five-year limitation within which charges must
11 be filed against a person accused of a Class B
12 felony. These crimes are violent and horrible
13 and should be prosecuted even if it takes six,
14 seven years to solve the crime.
15 By way of further explanation,
16 Mr. President, I want to say that there's a
17 particular instance which was brought to my
18 attention in the -- in the western New York area
19 by an article that was written in the local
20 Buffalo News about a serial rapist who has -
21 who the local police feel has been attacking
22 women since 1986.
23 I'll just read a little bit from
10174
1 this article, Mr. President, if I may. "The
2 serial rapist who attacked eight local women
3 since 1986 has eluded not only an exhaustive
4 dragnet by Buffalo and Amherst detectives but
5 also prosecution for the first five rapes. Why?
6 A statute of limitations, an age old pillar of
7 the criminal justice system.
8 "In the state of New York a
9 statute of limitations means charges must be
10 filed within five years of any felony crime
11 except murder which has no restrictions, so even
12 if the man is caught he will not face charges on
13 five attacks between June of 1986 and August of
14 1989, three in Buffalo and one each in Hamburg
15 and Amherst. 'We have but five calendar years
16 from the date of the offense to file charges,'
17 explained Frank J. Clark III, Erie County's
18 First Deputy District Attorney. 'If it extends
19 beyond that it's dead.'"
20 I would just add, Mr. President,
21 that the Niagara County Legislature has
22 unanimously gone on record and sent me a
23 resolution requesting this Legislature to adopt
10175
1 this bill.
2 Senator?
3 ACTING PRESIDENT KUHL: Senator
4 Paterson.
5 SENATOR PATERSON: Mr. President,
6 if Senator Maziarz will yield.
7 ACTING PRESIDENT KUHL: Senator
8 Maziarz, do you yield?
9 SENATOR MAZIARZ: Yes, I will.
10 ACTING PRESIDENT KUHL: Senator
11 yields.
12 SENATOR PATERSON: Senator
13 Maziarz, some of the classifications are
14 certainly open to reinterpretation. I
15 appreciate that you're trying to do that in this
16 legislation, but usually the delineation between
17 the Class A and Class B felonies was the fact
18 that we had no statute of limitations for Class
19 A felonies. So, in other words, if you're
20 actually saying that a certain type of crime is
21 so serious that we would want to continue to
22 have the opportunity to prosecute an individual
23 later down the road, wouldn't it also be
10176
1 possible to upgrade the classifications for that
2 particular crime such as the case that you just
3 described, where I guess five of the eight rapes
4 cannot be prosecuted because they were committed
5 between 1986 and 1989 and the statute has run on
6 those particular cases?
7 SENATOR MAZIARZ: Yes, Senator.
8 I think that that would also be another avenue,
9 an additional avenue, to do it other than this
10 piece of legislation, yes; and, by the way, the
11 number has increased since -- since this article
12 was written. I believe it's up to seven now.
13 SENATOR PATERSON: Well, I guess
14 you're right, because now anything that occurred
15 before, I guess, June 1990, is barred by the
16 statute.
17 SENATOR MAZIARZ: Yes.
18 SENATOR PATERSON: You're
19 absolutely right.
20 SENATOR MAZIARZ: Yes.
21 SENATOR PATERSON: But -
22 ACTING PRESIDENT KUHL: Senator
23 Maziarz, do you continue to yield?
10177
1 SENATOR MAZIARZ: Yes, I do.
2 ACTING PRESIDENT KUHL: Senator
3 continues to yield.
4 SENATOR PATERSON: If we could
5 define the statute of limitations and why we
6 have statutes. First of all, we don't want
7 witnesses to become stale. Secondly, there is
8 an issue of making law enforcement react quickly
9 to particular cases such that there is no
10 deliberateness to try to make sure that the
11 cases are disposed of as quickly as possible.
12 We do have the problem in any prosecution of any
13 type of crime that, if the perpetrator, the
14 suspect is a fugitive from the law, it's -- this
15 is a special kind of a situation because we're
16 not even in the position to prosecute, but
17 although there are a number of Class B felonies
18 that carry with it some pretty serious
19 ramifications to the victim, are you really
20 prepared right now to, in a sense, toll the
21 statute for all of the Class B definitions?
22 SENATOR MAZIARZ: Yes, I am,
23 Senator. That's the intent of this
10178
1 legislation. If I could just respond to what
2 you said that, you know, it was meant to put
3 some cap on it, cap on prosecution, due to
4 evidence becoming stale, and so forth. I think
5 that, you know, since these statutes were -
6 were initiated and passed into law, you know,
7 crime detection has -- has come a long way.
8 Particularly today we see with DNA evidence,
9 computerization of crime records, and so forth,
10 so I think that, you know, the crime detection
11 has also evolved in time, and I think that the
12 laws have not. They've remained stagnant.
13 SENATOR PATERSON: Mr. President,
14 I thank Senator Maziarz, and on the bill.
15 ACTING PRESIDENT KUHL: Senator
16 Paterson, on the bill.
17 SENATOR PATERSON: This is a -
18 this is a digital question, it really is, and
19 yet it's a valid concern that Senator Maziarz
20 raises. I know that I discussed some time ago
21 with Senator Volker the idea of tolling the
22 statute of limitations in child sexual abuse
23 cases, because in those situations often the
10179
1 perpetrator is a -- a custodial agent or some
2 personnel from the school or the school bus
3 company or something like that, or unfortunately
4 even the parent and in those cases, out of fear
5 or intimidation, the young person really can't
6 bring or can't come forward, and so we would
7 like to put them in the position of at least
8 maturity before we start running the statute of
9 limitations and although, I think Senator Volker
10 and I agree that that probably is a good idea in
11 those particular cases, the statute of limita
12 tions is something that is really -- something
13 that has been well founded in our law for a long
14 period of time.
15 When an instance such as the one
16 that Senator Maziarz raises occurs, I guess we
17 really do have to think about it because it
18 would be unseemly to actually find whoever this
19 serial rapist is in western New York and then
20 down the -- down the line be unable to prosecute
21 them because of a bar to the statute, and so I'm
22 really open on -- on this particular issue, Mr.
23 President.
10180
1 I would like you to recognize
2 Senator Abate who would like to ask some
3 questions on this. But it is something that I
4 think has good points on both sides of it.
5 ACTING PRESIDENT KUHL: The Chair
6 recognizes Senator Abate.
7 SENATOR ABATE: Yes. Would
8 Senator Maziarz yield to a question?
9 SENATOR MAZIARZ: Yes, Mr.
10 President.
11 ACTING PRESIDENT KUHL: Senator
12 yields.
13 SENATOR ABATE: Yes, Senator.
14 I'm sympathetic to this issue. In fact, my name
15 is on the bill extending the statute of
16 limitations for child victims, victims of sexual
17 assault and sexual abuse, and I supported that
18 because there is a rationale.
19 My concern around this statute is
20 so broad and it eliminates the statute of
21 limitations for all "B" felony or violent felon
22 cases.
23 Did you reach out to the district
10181
1 attorneys of the state? What is the position of
2 the Law Enforcement Council or the District
3 Attorneys Association vis-a-vis this bill?
4 SENATOR MAZIARZ: I didn't -- I
5 did not reach out to the District Attorneys
6 Association. I did reach out to the three
7 district attorneys in western New York and, in
8 Niagara, Orleans and Erie County.
9 SENATOR ABATE: And they support
10 this bill?
11 SENATOR MAZIARZ: Yes, they do.
12 SENATOR ABATE: I'm somewhat
13 surprised. I understand the situation in terms
14 of rape and DNA, but in terms of the burglary
15 and criminal possession of weapons and all the
16 -- and the robberies, it would seem to me that
17 district attorneys would have a problem with
18 this because they need evidence brought to
19 them. They need witnesses to come forward as
20 soon as possible. They need to do a prompt
21 investigation and, if there's no closure on the
22 tens of thousands of cases in New York State
23 because there's no statute of limitation, I
10182
1 think it could create an enormous burden on
2 district attorneys and obviously to defendants
3 who are going to have great difficulty defending
4 these cases.
5 Don't you see the issue that we
6 should be more selective like there was in sex
7 offenses? There's a rationale, particularly
8 with children because they don't remember the
9 trauma that's caused to children because of
10 sexual assault that maybe -- not maybe, years
11 they need to go into therapy. They then realize
12 maybe ten years later that they've been
13 assaulted, but this is not the case across the
14 board with your bill.
15 SENATOR MAZIARZ: I certainly -
16 are you finished? I'm sorry.
17 SENATOR ABATE: Sure.
18 SENATOR MAZIARZ: I certainly do
19 understand your rationale, and I would support
20 that bill, Senator, but I think that just to say
21 to bring closure to a case by letting the
22 statute run and say, Well, it's beyond the
23 statute of limitations, we can't prosecute; the
10183
1 case is closed, I think that it's a wrong
2 direction to go in, to bring closure just by
3 having the statute run, say now we can go on to
4 something else, and I don't think that that
5 necessarily helps the victim of that crime,
6 certainly not in the instance that I pointed
7 out, and I'm sure you would agree with that, and
8 I realize that this may be an extra burden on
9 the district attorney, but I think the district
10 attorneys are more interested in closure through
11 prosecution. I would hope that they would be
12 anyway, in closure through prosecution as
13 opposed to closure through letting the statute
14 run.
15 SENATOR ABATE: Wouldn't a better
16 approach be because it's -- maybe you can come
17 up with one case throughout the state or five
18 cases to extend the statute of limitations maybe
19 beyond five years and have some discussion
20 around that for some sexual assault cases and
21 other kinds of cases because of new technology
22 like DNA? Maybe there should be a discussion
23 that the five years should become seven years or
10184
1 the five years should become ten years.
2 To me, that is a more responsible
3 approach, particularly for the defendant as well
4 as the prosecution, and this seems to go beyond
5 a rational resolution of the problem. Have you
6 looked at, Senator, the consideration of
7 extending the five years to another time period?
8 SENATOR MAZIARZ: I was wondering
9 where the question was, Senator, but -
10 SENATOR ABATE: Yes.
11 SENATOR MAZIARZ: Have I looked
12 into it?
13 SENATOR ABATE: Yes.
14 SENATOR MAZIARZ: Yes, I have
15 looked into it, to be more specific, but I felt
16 that this bill would be the right way to go.
17 SENATOR ABATE: Senator, the
18 example that you related to, which was multiple
19 rape cases, if the statute was extended to seven
20 or ten years, those crimes would be prosecut
21 able, is that correct?
22 SENATOR MAZIARZ: Yes, they would
23 be.
10185
1 SENATOR ABATE: Do you know of
2 any case, if the statute was ten years that -
3 in your jurisdiction, that could not be
4 prosecuted?
5 SENATOR MAZIARZ: That could not
6 be?
7 SENATOR ABATE: Yes.
8 SENATOR MAZIARZ: No, I'm not
9 aware of any.
10 SENATOR ABATE: Because what I'm
11 suggesting is we look at cases beyond the ten
12 years. Will the witnesses be available? Will
13 the evidence be reliable? It will be very, very
14 difficult in any event for a prosecution to
15 occur, and I would hope that if this does not
16 pass this year, that you would consider limiting
17 this bill to certain types of crimes and also
18 not eliminating the statute of limitations but
19 maybe extending it beyond the five years.
20 SENATOR MAZIARZ: Well, we'll see
21 how this bill does in the other house of this
22 Legislature and, if it doesn't, maybe we could
23 get together.
10186
1 SENATOR ABATE: So we could have
2 future discussions.
3 SENATOR MAZIARZ: Yes.
4 SENATOR ABATE: O.K. Thank you.
5 ACTING PRESIDENT KUHL: The
6 Secretary will 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 52, nays
13 one, Senator Abate recorded in the negative.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1356, by Senator Spano, Senate Print 1119, an
18 act to amend the Public Health Law, in relation
19 to the extension of professional privileges.
20 SENATOR PADAVAN: Will you lay
21 that aside temporarily, please.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside temporarily.
10187
1 THE SECRETARY: Calendar Number
2 1358, by Senator Hoblock, Senate Print 1985, an
3 act to amend the General Municipal Law, in
4 relation to the definition of a bell jar.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Hoblock, an explanation of Calendar Number 1358
8 has been asked for.
9 SENATOR HOBLOCK: Yes, Mr.
10 President.
11 Mr. President, this amends a
12 provision of the General Municipal Law that
13 would allow the sale of what has been referred
14 to as "bell jar" tickets through a vending
15 machine.
16 Right now, bell jar tickets are
17 available in certain places and establishments,
18 obviously if they conform with the law and
19 obtain the license from the local municipality,
20 and these are sold by hand and there appears to
21 be some problems in some jurisdictions where the
22 record keeping may not be as best as it should
23 be because it is being handled by hand.
10188
1 What this does is allow those
2 bell jar tickets to be sold from a vending
3 machine as opposed to one handing them out, and
4 there would be better accountability, better
5 record keeping, more money for the municipality,
6 for the state and for the charity involved.
7 ACTING PRESIDENT KUHL: Senator
8 Paterson.
9 SENATOR PATERSON: Mr. President,
10 if Senator Hoblock will yield for a question?
11 SENATOR HOBLOCK: Sure.
12 ACTING PRESIDENT KUHL: The
13 Senator yields.
14 SENATOR PATERSON: Senator, if we
15 allow this type of sale to occur through the
16 process of vending as in a vending machine, then
17 how do we restrict access to minors?
18 SENATOR HOBLOCK: Well, I think
19 the same way it is now. I think obviously
20 somebody is going to have to monitor this as
21 they do now. I mean I don't think there's any
22 -- any way that, or maybe to say that there's
23 no difference between a vending machine or a
10189
1 person there handing them out. You're still
2 going to have to abide by the law -- comply with
3 the law.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Mr. President,
7 if the sponsor would yield again.
8 ACTING PRESIDENT KUHL: Senator
9 Hoblock, you continue to yield?
10 SENATOR HOBLOCK: Sure.
11 ACTING PRESIDENT KUHL: Senator
12 continues to yield.
13 SENATOR PATERSON: Senator, if a
14 person is handing them out -- and we've had that
15 problem with alcohol, and we've had that problem
16 with videos and that kind of thing -- at least
17 there's someone you can hold to a higher duty.
18 In fact, we're holding the distributors of
19 alcohol to a higher standard than we used to
20 because of the fact that they have allowed
21 younger people to participate.
22 In the present case, the ones
23 that you're describing, we really don't have any
10190
1 recourse. We can't -- there isn't even the
2 slightest, you know when an individual is -- is
3 handing things out, at least there's the
4 perception of -- within the buyer that they've
5 got to at least make the person think that there
6 are certain names, but to just push a couple of
7 buttons, I see a wide difference in that.
8 Who is making these vending
9 machines by the way?
10 SENATOR HOBLOCK: I'm sorry.
11 Who's making them?
12 SENATOR PATERSON: The
13 manufacturer.
14 SENATOR HOBLOCK: Well, I suppose
15 they would buy them from any manufacturer,
16 distributor, that deals in this type of
17 product. I'm not sure who that would be by
18 name.
19 SENATOR PATERSON: Mr. President,
20 to the sponsor, cigarettes, for instance, are
21 distributed through vending machines and we have
22 that same problem. That's what I'm really
23 trying to impress upon you is the fact that just
10191
1 to remove even the -- even the symbol of
2 society's contempt for younger people who would
3 get involved either in the consumption of
4 alcohol, the purchase of cigarettes or the
5 involvement in this -- with these bell jars, is
6 something that we have a -- a strong concern
7 about.
8 If the sponsor would yield?
9 ACTING PRESIDENT KUHL: Senator
10 Hoblock, do you yield?
11 SENATOR HOBLOCK: I will.
12 ACTING PRESIDENT KUHL: Senator
13 yields.
14 SENATOR PATERSON: I'm thinking
15 about some of the things that we're
16 contemplating right now, Keno and video lottery,
17 and that kind of thing. Just the value of it,
18 even if there is a -- even if there is a profit,
19 do you think that that is real that this is
20 really a good public policy, a good message to
21 be sending in spite of whatever revenues might
22 be raised, the fact that we are exposing it to
23 younger people, and the fact that we are as a
10192
1 matter of course in such a state that we have to
2 resort to this kind of thing, do you think as a
3 Legislature, this is a positive direction for us
4 to be moving?
5 SENATOR HOBLOCK: Well, I -- I'm
6 not sure that this bill addresses the whole
7 policy of -- of this type of game or addresses
8 this whole arena of bell jars or any form of
9 wagering. I mean this -- this law obviously has
10 been on the books for quite a while. This
11 Legislature had approved it subject to local
12 municipal licensure and approval, and it's been
13 ongoing now. This is the type of operation as
14 conducted in our veterans' posts, our Elks
15 Lodges, Moose, and like benevolent fraternal
16 organizations for them to -- to raise the
17 necessary funds for their charity work, and all
18 this does is what we're trying to do is correct
19 what we felt was a problem in the accountability
20 and record keeping in the way these bell jar
21 tickets are being handled now.
22 Now, in terms of the minors,
23 Senator Paterson, you know, I -- while you were
10193
1 talking, I kept -- happened to think, you know,
2 we have this vending betting at our racetracks
3 now, and I -- I assume that at these particular
4 places, that is our racetracks, they are doing
5 the same coverage and enforcement that will or
6 would apply here.
7 SENATOR PATERSON: Thank you,
8 Senator.
9 ACTING PRESIDENT KUHL: Senator
10 Paterson.
11 SENATOR PATERSON: On the bill.
12 ACTING PRESIDENT KUHL: Senator
13 Paterson, on the bill.
14 SENATOR PATERSON: It may be -
15 it may be that -- (microphone inoperative) I
16 think it should actually make it more difficult.
17 SENATOR PADAVAN: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Padavan.
20 SENATOR PADAVAN: Would like to
21 call the roll.
22 ACTING PRESIDENT KUHL: I think
23 Senator Solomon wishes to speak on the bill,
10194
1 please.
2 Senator Solomon.
3 SENATOR SOLOMON: Yes, will
4 Senator Hoblock yield, please?
5 ACTING PRESIDENT KUHL: Senator
6 Hoblock, do you yield?
7 SENATOR HOBLOCK: Sure.
8 ACTING PRESIDENT KUHL: Senator
9 yields.
10 SENATOR SOLOMON: Senator, this
11 doesn't deal with the bill itself, but allows
12 that organizations, participating organizations
13 that are allowed to sell this. What
14 organizations are allowed to sell these bell jar
15 raffles or whatever they are?
16 SENATOR HOBLOCK: Well, it's my
17 understanding that the local municipality has to
18 have a public referendum on the licensure of
19 anyone doing this type of operation, and these
20 organizations that apply for this license within
21 the local municipality are usually your benevo
22 lent, fraternal and charitable organizations.
23 They're not commercial establishments in the
10195
1 sense that we know commercial establishments.
2 They may be, as I say, the Elks Lodges, the
3 Moose, the veterans' posts, they're primarily
4 the organizations that utilize this.
5 SENATOR SOLOMON: Thank you.
6 Mr. President, will Senator
7 Hoblock yield for one more question?
8 ACTING PRESIDENT KUHL: Senator
9 continues to yield.
10 SENATOR SOLOMON: Senator, to the
11 best -- do you have any knowledge as to whether
12 or not organizations in New York City are
13 licensed to use this or any New York City
14 organizations are allowed to sell these bell jar
15 tickets?
16 SENATOR HOBLOCK: I'm not. I'm
17 not.
18 SENATOR SOLOMON: Thank you, Mr.
19 President.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 SENATOR PADAVAN: Mr. President.
23 ACTING PRESIDENT KUHL: Senator
10196
1 Padavan, to explain his vote.
2 SENATOR PADAVAN: No, I'd like to
3 ask Senator Hoblock a question.
4 Senator, I heard you say that a
5 local referendum is required?
6 SENATOR HOBLOCK: I don't believe
7 so.
8 SENATOR SOLOMON: Can't hear.
9 ACTING PRESIDENT KUHL: Senator
10 Padavan, excuse me just a minute. Senator
11 Solomon is having a difficult time hearing your
12 conversation. Could we quiet it down in the
13 chamber, please, take the conversations outside?
14 Thank you, Senator Padavan.
15 SENATOR PADAVAN: Senator
16 Hoblock, last year you were not here, so you're
17 not obviously privy to a considerable debate we
18 had on a bill that expanded both the size of the
19 wager and all of the opportunities relevant to
20 bell jars, which made it far more potentially
21 harmful in terms of how much people could lose,
22 and so on.
23 In the course of that debate, we
10197
1 were led to believe, based on representations,
2 that all one had to do was apply to the state
3 wagering board to have a bell jar. There was no
4 requirement -- if you have some reference that
5 refutes that, I'd be happy to hear it. There is
6 no requirement for any local referendum and all
7 like charitable organization of the kinds you've
8 identified, would have to do is fill out a form,
9 file it with the state wagering board and get a
10 license to have a bell jar. There's no local
11 referendum, so I'm only standing up here to
12 correct you on that point.
13 I have many problems with the
14 entire concept. We seem to be making excuses
15 for -- we say we have vending machines in one
16 category, so why not have it in another. We say
17 we have a state lottery, why not have a Quick
18 Draw lottery? We have a Quick Draw lottery and
19 Indians, why not have casinos? We seem to be
20 sliding down that slippery slope on an
21 accelerated basis, and this is just one more
22 direction.
23 But I do have to correct you,
10198
1 Senator, and I hesitate to do so. There is no
2 referendum required.
3 SENATOR HOBLOCK: I could be -- I
4 could be wrong, Senator Padavan. It is my
5 understanding that that was the case, but I know
6 my own municipality went through it, and I don't
7 have the law in front of me, so you could -- you
8 could very well be right, but I know that there
9 is some type of game or operation -- maybe it's
10 just the Las Vegas nights, I'm not really sure
11 -- in which the local municipality has to have
12 on its books approval by the public in the form
13 of a referendum.
14 Now, whether that covers bell jar
15 activity, I don't know for sure standing here.
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator Stachowski.
18 SENATOR STACHOWSKI: On the bill,
19 I rise to support this bill. It's -- my
20 district has a lot of volunteer companies and
21 veterans' posts that already have bell jars.
22 We're not putting something in that's not there
23 already, but this -- this particular way of
10199
1 selling them in a machine has been requested for
2 them and discussed among volunteer fire
3 companies for quite a few years, and I'm glad
4 that Senator Hoblock is sponsoring this bill and
5 I hope it will pass and pass the other house and
6 get signed by the Governor because it will be a
7 great help to all these organizations, and I
8 think that it's something that will prove
9 necessary not only in keeping records but in the
10 actual selling of them in their clubhouse and so
11 that somebody doesn't constantly sit there and
12 be doing it.
13 So I think it's a good bill. The
14 volunteer fire companies have been working for
15 this, and I urge my colleagues to vote yes on
16 this.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
10200
1 ACTING PRESIDENT KUHL: Announce
2 the results when tabulated.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar 1358 are Senators
5 Babbush, Cook, DiCarlo, Gold, Hannon, Holland,
6 Kruger, Maltese, Marcellino, Maziarz, Padavan,
7 Paterson, Saland, Skelos, Smith, Solomon and
8 Tully. Ayes 37, nays 17.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 SENATOR GOLD: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Gold, why do you rise?
14 SENATOR GOLD: Yeah, Mr.
15 President. I was out of the room when we
16 handled Calendar 1354, Senator Maziarz' bill,
17 which would eliminate all statutes of
18 limitations for "B" felonies which would include
19 attempted crimes and while I would support
20 increasing a statute of limitations if that was
21 necessary, the concept of prosecuting someone in
22 20, 25 years after they allegedly attempted an
23 arson, is ludicrous.
10201
1 I vote -- I ask for permission to
2 be recorded in the negative.
3 SENATOR MENDEZ: What's the
4 number?
5 SENATOR GOLD: 1354.
6 ACTING PRESIDENT KUHL: Without
7 objection -- without objection, Senator Gold
8 will be recorded in the negative on Calendar
9 Number 1354.
10 Senator Mendez, why do you rise?
11 SENATOR MENDEZ: Yes, I'm also
12 requesting to be reported in the negative on
13 Calendar 1354.
14 ACTING PRESIDENT KUHL: Without
15 objection, hearing no objection, Senator Mendez
16 will be recorded in the negative on Calendar
17 Number 1354.
18 Senator DeFrancisco.
19 SENATOR DeFRANCISCO: I likewise
20 would like to be recorded in the negative on
21 1354, and would request unanimous consent.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator
10202
1 DeFrancisco will be recorded in the negative on
2 1354.
3 Senator Stachowski.
4 SENATOR STACHOWSKI: Mr.
5 President, I also rise to seek unanimous consent
6 to be recorded in the negative on 1354.
7 ACTING PRESIDENT KUHL: Without
8 objection, Senator Stachowski will be recorded
9 in the negative on Calendar 1354.
10 Senator Holland.
11 SENATOR HOLLAND: Same for me on
12 1354.
13 ACTING PRESIDENT KUHL: Without
14 objection, hearing no objection, Senator Holland
15 will be recorded in the negative on Calendar
16 1354.
17 Senator Oppenheimer.
18 SENATOR OPPENHEIMER: Ditto. I
19 request unanimous consent.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator
22 Oppenheimer will be recorded in the negative on
23 Calendar Number 1354.
10203
1 Senator Babbush.
2 SENATOR BABBUSH: 1354, negative.
3 ACTING PRESIDENT KUHL: Without
4 objection, hearing no objection, Senator Babbush
5 will be recorded in the negative so Calendar
6 Number 1354.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 at this time, if we could take up Senator
10 Spano's bill, Calendar Number 1356.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the title of Calendar Number 1356.
13 THE SECRETARY: Calendar Number
14 1356, by Senator Spano, Senate Print 1119, an
15 act to amend the Public Health Law, in relation
16 to the extension of professional privileges.
17 SENATOR PATERSON: Explanation.
18 ACTING PRESIDENT KUHL: Senator
19 Spano, an explanation of Calendar Number 1356
20 has been asked for by Senator Paterson.
21 SENATOR SPANO: Mr. President,
22 this -- this bill would provide podiatrists with
23 the opportunity to be considered for hospital
10204
1 privileges rather based on their individual
2 competence and professional qualification.
3 The bill has got a no-cost
4 implication. The hospitals have declared that
5 certain types of practice are inconsistent with
6 their mission and with that type of a
7 declaration, they would exclude entire classes
8 of licensed professionals who have access to
9 hospital privileges.
10 Now, this would, in my opinion,
11 violate the spirit and the intent of why -- of
12 Section 2801 (b) of the Public Health Law, and
13 should be curtailed.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson.
16 SENATOR PATERSON: Mr. President,
17 would Senator Spano, who is my friend and lives
18 in Westchester, be willing to yield for a
19 question?
20 ACTING PRESIDENT KUHL: Senator
21 Spano, do you yield?
22 SENATOR SPANO: Yes.
23 ACTING PRESIDENT KUHL: Senator
10205
1 yields.
2 SENATOR PATERSON: Senator, do -
3 is it necessary for us legislatively to mandate
4 that this happen; in other words, in a sense to
5 micromanage the hospitals? Is there a way that
6 the hospitals can arrive at this same conclusion
7 without our intervention?
8 SENATOR SPANO: The -- this -
9 Senator Paterson, this does not mandate that
10 hospitals have to allow podiatrists to get
11 privileges. What it does say that we can't
12 discriminate against the license, that if
13 podiatrists are good enough to be licensed by
14 New York State, that they have should not be
15 discriminated against by hospitals who don't
16 want to use -- who don't want to extend this
17 corporate practice to podiatrists.
18 SENATOR PATERSON: Mr.
19 President.
20 ACTING PRESIDENT KUHL: Senator
21 Paterson.
22 SENATOR PATERSON: If the Senator
23 will continue to yield?
10206
1 SENATOR SPANO: Yes.
2 ACTING PRESIDENT KUHL: Senator
3 continues to yield.
4 SENATOR PATERSON: It's my belief
5 that the hospitals now, in a great many
6 respects, do discriminate certainly against
7 minority doctors, primary health care providers
8 in minority communities, who can't seem to get
9 associated with the hospital. The hospitals are
10 supposed to have a community service plan and
11 they usually don't have a real documented plan.
12 They just take some document and mail it to the
13 Health Department. That kind of remindes me of
14 community reinvestment.
15 For years after the passage of
16 legislation in 1977, all the banks did was just
17 take a form and send it to the Securities and
18 Exchange Commission. They didn't do any
19 community reinvestment, and here the hospitals
20 are basically getting away with it, so you may
21 have cured the problem as it might exist for
22 podiatrists, but to me, what probably is needed
23 is a whole plan with -- where in the sense
10207
1 following through on what we already have
2 codified with the hospitals work on this plan
3 because there are a lot of people, a lot of
4 doctors, a lot of physicians who are being
5 denied access as a result of the policies made
6 by hospitals.
7 So I just want to know what this
8 singular sort of reconciliation with what should
9 accomplish the denial of discrimination to
10 podiatrists does to the whole scheme of problems
11 with hospital administration that do exist in
12 this area?
13 SENATOR SPANO: The Section 2801
14 (b) of the Public Health Law was established
15 specifically to prohibit hospitals from engaging
16 in improper practices and in certain staff
17 appointments, hospital staff appointments.
18 The -- what this amendment would
19 do would just be to make sure that -- we are
20 going to make sure that certain types of
21 practice in this regard, podiatrists would not
22 be excluded on the -- on the basis of their
23 title, for hospital privileges. If there are
10208
1 other -- other issues of improper practices,
2 Senator, it's frankly not something that's been
3 brought to my attention, we can handle that in
4 another statute. But this is one where we have
5 podiatrists who are licensed, who are licensed
6 to perform surgical services in the state of New
7 York, that they should not be disqualified as a
8 class of individuals for hospital privileges.
9 SENATOR PATERSON: All right.
10 Thank you, Senator. On the bill.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson, on the bill.
13 SENATOR PATERSON: If Senator
14 Spano is correct, I might be objecting to the
15 approach in which we seem to be taking these
16 issues one at a time. We might have to involve
17 ourselves in some of the midwifery cases.
18 Nurses and midwives are having trouble getting
19 admitted into hospitals as well. They feel they
20 suffer the same discrimination but for the
21 purpose that the bill tries to accomplish, it
22 certainly is -- it certainly is valid, and I
23 would urge support for the bill.
10209
1 I'm just saying that the whole
2 gamut of hospital administration procedures that
3 often inure to the detriment of health care
4 personnel who could be of great assistance to
5 patients, is something that we probably need to
6 go into further.
7 This particular instance of it
8 certainly will give podiatrists a more equitable
9 opportunity than what they're receiving now.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 30th day.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 ACTING PRESIDENT KUHL: Announce
18 the results when tabulated.
19 THE SECRETARY: Ayes 53, nays 2,
20 Senators Kuhl and Oppenheimer recorded in the
21 negative.
22 ACTING PRESIDENT KUHL: Senator
23 Jones.
10210
1 THE SECRETARY: Also Senator
2 Jones.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Montgomery, why do you
6 rise?
7 SENATOR MONTGOMERY: Mr.
8 President, I just wanted to be recorded in the
9 negative on Calendar 1354.
10 ACTING PRESIDENT KUHL: Without
11 objection, hearing no objection, Senator
12 Montgomery will be recorded in the negative on
13 Calendar Number 1354.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 would you call up Calendar Number 1365, by
17 Senator Nozzolio.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the title to Calendar Number 1365.
20 THE SECRETARY: Calendar Number
21 1365, by Senator Nozzolio, Senate Print 4252, an
22 act to amend the Alcoholic Beverage Control Law,
23 in relation to regulating the hours of sale by a
10211
1 winery.
2 ACTING PRESIDENT KUHL: Secretary
3 will -
4 SENATOR PATERSON: Explanation.
5 ACTING PRESIDENT KUHL: Senator
6 Nozzolio, an explanation of Calendar Number 1365
7 has been asked for by Senator Paterson.
8 SENATOR NOZZOLIO: Thank you, Mr.
9 President. I'll be glad to try to explain the
10 measure to Senator Paterson and my colleagues.
11 The measure before us -
12 ACTING PRESIDENT KUHL: Pardon an
13 interruption here. It's pretty noisy. Could we
14 quiet it down in the chamber, please, ask the
15 members to take their seats, staff to take their
16 places.
17 SENATOR NOZZOLIO: Thank you, Mr.
18 President.
19 Mr. President, my colleagues,
20 this Legislature, the Assembly in the past, has
21 enacted law that allows licensed wineries to
22 remain open for the purpose of selling their
23 products on Sundays between the hours of ten
10212
1 o'clock in the morning and midnight.
2 When a winery is licensed to
3 operate and engage in activity off premises, a
4 gray area exists in the law and by "off
5 premises", this is a winery selling their
6 product at a wine festival or a farmers'
7 market. The question is whether or not a winery
8 which is allowed to open on Sunday can sell its
9 products off premises and a wine festival or
10 farmers' market on Sunday.
11 What we're trying to do is
12 rectify the ambiguity in the statute with this
13 law by defining the right for wineries who are
14 already licensed to sell their product on their
15 premises during those hours on Sunday, to be
16 able to sell their product off premises at
17 designated festivals and recognized county fairs
18 between the hours of ten o'clock and midnight on
19 Sunday.
20 SENATOR SOLOMON: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Solomon.
23 SENATOR SOLOMON: Senator
10213
1 Nozzolio yield, please?
2 ACTING PRESIDENT KUHL: Senator
3 Nozzolio, do you yield to a question from
4 Senator Solomon?
5 SENATOR NOZZOLIO: Certainly.
6 ACTING PRESIDENT KUHL: Senator
7 yields.
8 SENATOR SOLOMON: Senator,
9 correct me if I'm wrong, but wasn't the original
10 intent to allow wineries to sell on Sundays on
11 premises as a tourism attempt because there are
12 winery tours and people go through the winery,
13 wasn't that the original intent of that bill?
14 SENATOR NOZZOLIO: Yes.
15 SENATOR SOLOMON: I see.
16 SENATOR NOZZOLIO: Yes, Mr.
17 President. In response to Senator Solomon's
18 question, I believe that was the intent.
19 SENATOR SOLOMON: I see. So
20 Senator Nozzolio continue to yield again?
21 ACTING PRESIDENT KUHL: Senator
22 continues to yield.
23 SENATOR SOLOMON: So the intent
10214
1 would be as if Senator Solomon or Senator Smith
2 or Senator Jones would go to the winery, take a
3 tour, they sample the product, they say, "Gee,
4 I'd like to purchase this product," and they can
5 purchase that winery's product and only that
6 winery's product at that site as a tourism
7 enhancement.
8 Doesn't this bill seem to get
9 away from the tourism aspect of it, in fact
10 allowing any winery that has tourists to sell at
11 any farmers' market on a Sunday?
12 SENATOR NOZZOLIO: Well, Senator
13 Solomon, it's a question I'm so glad you
14 raised.
15 The answer is this exactly gets
16 to the tourism potential, really the sole reason
17 why I decided to put this bill in, in the first
18 place.
19 Now, the wineries -- let me
20 explain. We have a group of small farm
21 wineries, who myself, Senator Kuhl, Senator
22 Present, others represent in the wine country
23 upstate, and we look at the small farm winery as
10215
1 the beneficiary of this.
2 A festival took place this last
3 year during which collectively the small farm
4 wineries in New York State got together and
5 engaged in a huge tourism promotion. There were
6 a number of people involved in that promotion
7 that brought tens of thousands of people to the
8 Finger Lakes area, and we wanted to make sure
9 that the -- the gray area that they have
10 existed, but when the permit was granted, the
11 farm wineries engaged in their festival, and it
12 was a very successful one, it brought a lot of
13 new tourists into the area, introduced them to
14 New York wines. What we're trying to do is
15 ensure that the ambiguity is minimized in law so
16 that those who must enforce the state liquor law
17 would have a clear direction from the
18 Legislature that we were, in effect, allowing
19 anyone who has their -- that permit to sell on
20 premise would be allowed that same ability for,
21 and the bill does list the State Fair,
22 recognized county fairs and at farmers' markets
23 operated on a not-for-profit basis in accordance
10216
1 with the provisions of the liquor law already,
2 the -- yes, the Alcoholic Beverage Control Law
3 already.
4 So, Senator, thank you for
5 indulging me a longer answer to your question
6 than I'm sure you want to have, but I appreciate
7 the opportunity to further explain that this is
8 done in an effort to enhance tourism in our
9 region.
10 SENATOR SOLOMON: Mr. President.
11 ACTING PRESIDENT KUHL: Senator
12 Solomon.
13 SENATOR SOLOMON: Will Senator
14 Nozzolio yield? I care to indulge you for a
15 couple of more. I guess it's a good opportunity
16 to indulge you this time, a couple more
17 questions.
18 ACTING PRESIDENT KUHL: Senator,
19 you continue to yield?
20 SENATOR NOZZOLIO: Yes.
21 ACTING PRESIDENT KUHL: Senator
22 continues to yield.
23 SENATOR SOLOMON: Senator, I'm
10217
1 trying to figure this out. I'm a little kid
2 from Brooklyn and I haven't been able to figure
3 out this state. 150 years ago -- why are
4 wineries -- why can't we sell liquor on Sundays?
5 What's the prohibition and, you know, the Jewish
6 holiday, Passover, they have questions,
7 questions, and one of the questions, why is this
8 day different from any other day? And why is
9 Sunday different from any other day? Can you
10 tell me the reason?
11 SENATOR NOZZOLIO: Mr. President,
12 Senator has succeeded in stumping me. That is a
13 question that is far beyond my knowledge or
14 expertise.
15 SENATOR SOLOMON: O.K.
16 ACTING PRESIDENT KUHL: Senator
17 Solomon.
18 SENATOR SOLOMON: Will Senator
19 Nozzolio yield, please?
20 ACTING PRESIDENT KUHL: Senator
21 Nozzolio, do you yield?
22 SENATOR NOZZOLIO: Certainly.
23 ACTING PRESIDENT KUHL: Senator
10218
1 yields.
2 SENATOR SOLOMON: Senator, well,
3 if there seems to be no reason on why we should
4 prohibit sales of wine on Sundays, why don't we
5 just take this bill and allow any New York State
6 winery, because I really, I do prefer New York
7 State wines, to be sold, allow any store to sell
8 New York State wines only on Sundays?
9 SENATOR NOZZOLIO: Mr. President,
10 Senator Solomon has an idea that certainly could
11 be discussed. I'd recommend him putting in a
12 bill if he believes strongly in his idea.
13 SENATOR SOLOMON: Senator, I have
14 a bill in committee that allows you to sell
15 alcoholic beverages on Sundays. In fact, it
16 even says that, if you're closed on Saturdays,
17 then you can sell on Sundays because we really
18 don't want these sole proprietors to work seven
19 days a week. I don't think that would be fair.
20 SENATOR NOZZOLIO: Senator
21 Solomon, if you have any wineries in Brooklyn -
22 SENATOR SOLOMON: We do have
23 wineries.
10219
1 SENATOR NOZZOLIO: -- that you
2 would like to participate in the wine festivals
3 in upstate, I'm sure that they would be
4 welcome. I would encourage you to talk to your
5 constituents to allow them to come up, to ask
6 them to come up to the Finger Lakes region. I'm
7 sure that it certainly would be a unique
8 opportunity for upstaters and downstaters,
9 vintners, to get together. I see no problem
10 with that whatsoever.
11 SENATOR SOLOMON: Mr. President,
12 will Senator Nozzolio yield for a question on
13 the bill?
14 ACTING PRESIDENT KUHL: Senator,
15 will you continue to yield? Senator continues
16 to yield.
17 SENATOR SOLOMON: The specific
18 language in the bill doesn't talk about a wine
19 festival upstate. It talks about county fairs
20 and farmers' markets operated on a farmers' -
21 operated on a not-for-profit basis. Can you
22 tell me if -- there are numerous farmers'
23 markets held at Grand Army Plaza in Brooklyn,
10220
1 14th Street in Manhattan, I know there are
2 numerous farmers' markets in the downstate that
3 would qualify under this?
4 SENATOR NOZZOLIO: Certainly,
5 Senator, I think you would have to answer that
6 question. The language of the bill discusses
7 farmers' markets operated on a -- farmers'
8 markets operated on a not-for-profit basis in
9 accordance with Section 176 of this statute.
10 If that farmers' market you refer
11 to complies with that statute, then I guess it
12 would qualify.
13 ACTING PRESIDENT KUHL: Senator
14 Solomon.
15 SENATOR SOLOMON: Thank you, Mr.
16 President.
17 I didn't even ask Senator -
18 Senator, another question. What is a recognized
19 county fair? I -- seriously.
20 SENATOR NOZZOLIO: The purpose
21 for including county fairs is because we look at
22 county fairs in upstate as ways to showcase
23 goods that are produced in counties by the
10221
1 agricultural community. That's the purpose,
2 that these certainly qualify as products that
3 the agriculture community produces and that when
4 there is a county fair that has a way of
5 showcasing this area, that that's the reason.
6 SENATOR SOLOMON: Thank you, Mr.
7 President.
8 ACTING PRESIDENT KUHL: Senator
9 Solomon.
10 SENATOR SOLOMON: If Senator
11 Nozzolio would yield for another question,
12 please, and then I'll speak on the bill.
13 ACTING PRESIDENT KUHL: Senator
14 Solomon, on the bill.
15 SENATOR SOLOMON: No, if Senator
16 Nozzolio will yield for one last question.
17 ACTING PRESIDENT KUHL: Will
18 Senator Nozzolio yield for one last question?
19 SENATOR NOZZOLIO: One last
20 question, yes; I'll yield.
21 ACTING PRESIDENT KUHL: Senator
22 yields.
23 SENATOR SOLOMON: One last
10222
1 question. Senator, why are we going to limit it
2 to these locations only for Sunday sales?
3 SENATOR NOZZOLIO: Mr. President,
4 it wasn't our intention to broad-base Sunday
5 sales. We only wanted to clear up an ambiguity
6 in the law that farmers' markets, county fairs,
7 festivals that are occurring on Sunday that
8 wineries, small farm wineries, already have the
9 opportunity to sell on Sundays, this is just an
10 extension of something that they're already
11 allowed to do in places that would showcase
12 their product.
13 SENATOR SOLOMON: Thank you.
14 Mr. President, on the bill.
15 I believe that we can probably
16 enhance many of our wineries in New York State
17 and, in fact, there are a number of wineries in
18 New York City, Senator Nozzolio, that we can
19 point out. In fact, there are wineries in lower
20 Manhattan. I think Shapiro's is still located
21 in lower Manhattan, if somebody represents that
22 area, maybe Senator Connor could correct me. In
23 fact, I think Shapiro's is in Speaker Silver's
10223
1 district, and I'm sure Shapiro's would like to
2 sell its wine at the local farmers' market on
3 14th Street, and now they can on Sunday. In
4 fact, maybe we're going to have to establish a
5 farmers' market in certain parts of my district
6 on a not-for-profit basis.
7 But what I'm concerned about,
8 this is the second bill to come to the -- to
9 come to the floor of this house in the last
10 three days that allows alcoholic beverages to be
11 sold on Sundays. The first bill took two days
12 which, as far as many of the constituents in my
13 district are concerned, are two normal days on
14 the calendar, December 25th and January 1st,
15 actually December 24th and December 31st, and is
16 going to allow liquor sales for this coming
17 year.
18 Why? Because those holidays have
19 some religious significance to some people in
20 this state. And why are liquor stores closed on
21 Sundays? I attempted to find that out
22 legislatively and the records just did not go
23 back 150 years or so in this state. I think
10224
1 there was a fire at the state education building
2 about 80 years ago, took care of everything like
3 that; but a large number of people in this
4 state, as it has become more diverse over the
5 last 30 years or 40 years, do not observe Sunday
6 as their sabbath. Muslims observe Friday as
7 their day of rest. The Jewish religion, the
8 Orthodox Jewish religion, Jewish religion
9 observes Saturday, and the people that own
10 liquor stores in the Orthodox Jewish community
11 -- and there are only about four that I can
12 think of offhand in my district, three or four
13 -- are closed on Saturdays. It's their day of
14 rest. Yet they're prohibited from sale -- sales
15 on Sundays, and indeed they sell a number of New
16 York State wines which are kosher, substantial
17 numbers, because the Jewish community uses a
18 substantial amount of wine, and what I'm looking
19 at here is another attempt to expand sales.
20 They said to achieve these sales,
21 I believe we're going to see wine sales by the
22 way in Brooklyn, in New York City because we
23 have very active farmers' markets by these
10225
1 wineries. Let's get down to it. Let's save -
2 I put a bill in and Senator Goodman sent a note
3 to the Rules Committee saying that, if you're
4 closed another day of the week, for proprietary
5 stores so we're not going to have large chain
6 stores closing one store here and opening
7 another in another part of the city of New York
8 so they have something open every day, that you
9 can sell alcoholic beverages on that Sunday and
10 we're slowly reaching this. It's almost what we
11 were doing in the other bill with the bell jars
12 and gambling. We're taking baby, baby, baby
13 steps.
14 I dare say if session wasn't
15 going to end today, we were going to go for
16 another two weeks, we might see another two
17 bills or three bills or four bills or five bills
18 on Sundays and make other exceptions, and what
19 we have to recognize in this Legislature is the
20 original basis for liquor stores to be closed on
21 Sundays or wine sales to be prohibited, and
22 times have changed, and groups of people have
23 changed, and this is just allowing wineries
10226
1 which, in fact, were originally allowed to sell
2 their products on Sundays because we promoted
3 tours, whether it be up in the Finger Lakes
4 region, or I think there's Windsor winery
5 further down on the Thruway, to sell in-house as
6 people came through those wineries on tours.
7 Now we're saying, well, we're
8 going to carve a little section out a little
9 bigger. That winery can go and sell at a county
10 fair, State Fair, and/or farmers' markets and
11 we're not exactly sure what farmers' markets are
12 at this point in time.
13 So now we're going to see
14 wineries, I suspect, opening or having booths
15 for sale at the farmers' markets in New York
16 City. I believe there are farmers' markets in
17 Nassau also, in Westchester, throughout the
18 state, because I know the state Department of
19 Agriculture publishes a long list of farmers'
20 markets, and I'm saying, why can't the
21 legitimate liquor store owners who are closed at
22 least one day a week now open and sell on
23 Sundays?
10227
1 This is not fair to a lot of
2 people in this state. Yes, a minority, but the
3 minorities have rights, because that's the basis
4 of this country is to protect the minorities'
5 rights, and I think this is a bill, in fact,
6 that's even going to go further in terms of
7 eroding that right, allowing a large or not so
8 large wineries to sell their products off
9 premises on Sundays, around the year because
10 there's farmers' markets operated every week.
11 Yet we're telling the legitimate
12 liquor store licensees that they're not going to
13 be able to sell their products on Sundays and
14 those that are closed on Saturdays are now
15 closed on Saturdays and Sundays also. It's
16 inherently unfair, and as we do more and more of
17 these bills I question whether or not we can
18 actually commence a legal action about that
19 issue and win in our courts; but it's something
20 we shouldn't have to take to court. It's
21 something the members of this Legislature should
22 recognize as being unfair to a number of my
23 constituents.
10228
1 SENATOR GOLD: Mr. President.
2 ACTING PRESIDENT HOLLAND:
3 Senator Gold.
4 SENATOR GOLD: Mr. President, I
5 congratulate Senator Solomon for his persistence
6 in this, and I really have a plea to Senator
7 Nozzolio who, it has been pointed out to me, has
8 the distinction of not one, but two Cornell
9 degrees.
10 Senator, there's an opportunity
11 to hold the bill, amend it very quickly and pass
12 it this year, but pass it in a way that it takes
13 care of our total problem. I -- I don't know
14 your district, Senator, as intimately as you,
15 obviously, and I don't mean to be presumptuous
16 or pretentious, but I can not believe that it
17 would cause you a political problem in your
18 district if we brought in the fairness that
19 Senator Solomon has discussed.
20 You indicated that you put in the
21 bill to clear up an ambiguity, and I suggest to
22 you there's no ambiguity, the law is very clear,
23 it doesn't allow certain things and you,
10229
1 Senator, have decided to allow some other things
2 which I don't have a problem with, but you know,
3 you put people in a very strange situation.
4 When you have a rule, and we say we just don't
5 do something, people can all look at each other
6 and say, "We don't do it," but when you start
7 the crack in the door and say, Well, we can't do
8 it, but we're going to let them do it and maybe
9 those guys over there and maybe these people
10 here, that is what really starts to cause the
11 problems.
12 There is no one in the state -
13 Senator, did you want to say something? Senator,
14 I'll yield to Senator Nozzolio.
15 ACTING PRESIDENT HOLLAND: Senator
16 Nozzolio asking Senator Gold -
17 SENATOR NOZZOLIO: Well, I was
18 asking Senator Gold to yield.
19 SENATOR GOLD: I'll be glad to.
20 SENATOR NOZZOLIO: Senator, I've
21 taken consideration of your comments and trying
22 to weigh this in my mind. Are you not aware
23 that the wineries already have the authority as
10230
1 granted by this Legislature to sell on Sunday
2 their product within the framework of their
3 winery? Are you not aware of that, Senator?
4 SENATOR GOLD: Yes, yes.
5 SENATOR NOZZOLIO: And I guess I
6 rise because of your comment that suggests we're
7 trying to change the law to grant an authority.
8 Well, I concede we are changing the law, trying
9 to clarify the law. But I would -- the Sunday
10 sale is allowed already, and that, I think, is
11 something that needs to be stated again.
12 In response to your comments,
13 Senator Gold, which I respect, that we're not
14 trying to give the wineries another grant of
15 selling on Sunday that they didn't already
16 have. I think that's the reason why this change
17 becomes more incremental than is suggested by
18 Senator Solomon. The authority is there already
19 for them to sell.
20 Now, the wine -- the wine
21 festival -- thank you for indulging me in this
22 long statement because it's -- it is more than
23 just a question, Senator, but it does get to
10231
1 your point, and I wish you would continue and
2 respond to this statement, that what we're
3 trying to do is take those wineries who can sell
4 at their winery within two or three miles of
5 this festival, to be able to sell at the
6 festival at the same time that they would
7 otherwise be allowed to sell at the winery.
8 That's really what we're trying to clear up
9 here, and that that -
10 SENATOR GOLD: Will the Senator
11 yield?
12 SENATOR NOZZOLIO: -- may seem
13 like a greater change, but, Senator, I think in
14 that context, let me state that as a question.
15 In that context, do you see that as less of a
16 change than you originally thought?
17 SENATOR GOLD: Will the Senator
18 yield for a question?
19 ACTING PRESIDENT HOLLAND:
20 Senator Nozzolio, will you yield for a question?
21 SENATOR NOZZOLIO: Sure.
22 ACTING PRESIDENT HOLLAND:
23 Senator yields.
10232
1 SENATOR GOLD: Senator Nozzolio,
2 very specifically, if you're telling me that the
3 law now allows them to sell here and your
4 amendment is going to allow them to sell here
5 and there, that unquestionably is an expansion
6 of their right to sell; is that not right?
7 SENATOR NOZZOLIO: Yes.
8 SENATOR GOLD: All right.
9 SENATOR NOZZOLIO: But Senator,
10 in further response to your question, those
11 wineries up and down the Wine Trail, which is a
12 trail of about 35 miles long, those wineries
13 would be selling that day at that time under
14 current law. We're saying you could do it at
15 your winery. We're saying together you can
16 collectively market, and Senator Solomon's
17 question was initially that the threshold was
18 based on tourism, the answer yes, my motive, it
19 was precisely to allow those wineries to come
20 together to enhance collectively what they might
21 not be able to do individually in promoting a
22 New York product, to pay New York taxes, to help
23 our economy through tourism, and enhancing the
10233
1 notice of a New York State product.
2 That's the reason here, Senator.
3 It's not to bring in other wineries from out of
4 state; it's not to bring in other types of -- of
5 entities. That would not lead directly to an
6 economic benefit to New York taxpayers.
7 SENATOR GOLD: Will the Senator
8 yield?
9 ACTING PRESIDENT HOLLAND:
10 Senator Nozzolio, will you continue to yield?
11 SENATOR NOZZOLIO: Yes.
12 ACTING PRESIDENT HOLLAND:
13 Senator continues to yield.
14 SENATOR GOLD: Senator, you're
15 saying in some way there's an economic benefit
16 if, instead of buying at the New York State
17 winery, you could go a mile away and buy from
18 three or four New York wineries that would be in
19 place at a fair or market, is that correct?
20 SENATOR NOZZOLIO: Well, Senator,
21 this happens not every Sunday, it happens once a
22 year.
23 SENATOR GOLD: But I'm just
10234
1 asking you, is that basically what you're
2 saying?
3 SENATOR NOZZOLIO: Yes, that's
4 what I'm saying.
5 SENATOR GOLD: Then would you
6 yield to another question?
7 ACTING PRESIDENT HOLLAND:
8 Senator yields.
9 SENATOR GOLD: Would it not
10 enhance New York State wineries if they go to
11 one place, whether it's a state fair or if they
12 go to this one store where it has wines from New
13 York State wineries and people who are from
14 Brooklyn or Queens who are not up at your state
15 fair could buy these New York State wines in the
16 one place whether it's in Brooklyn or Queens?
17 Wouldn't that help?
18 SENATOR NOZZOLIO: Senator, it
19 may help, but what they're trying to do is
20 collectively do what they can't do individually
21 and that's promote a product grown in New York,
22 produced in New York, and something that can try
23 to enhance and promote the entire economy.
10235
1 We're not talking about a -- a
2 regular 12-month-a-year type operation. We're
3 talking about a festival.
4 SENATOR GOLD: On the bill, Mr.
5 President.
6 ACTING PRESIDENT HOLLAND:
7 Senator Gold, on the bill.
8 SENATOR GOLD: As I was saying,
9 Senator Nozzolio says that his bill is clearing
10 up an ambiguity. It is not. It is granting
11 authority to sell in a new way, and no matter
12 however you phrase that, that is exactly what is
13 happening, and all that Senator Solomon is
14 trying to say is, having opened this door, let's
15 understand what we're talking about.
16 We understand that in America, in
17 the broadest sense of America, that there are
18 public holidays which have a religious
19 derivation. If you ask a particular religion to
20 set up other holidays, they might not pick
21 Christmas and -- they might pick something
22 else.
23 Well, we have in America our
10236
1 public holidays, but as you travel around
2 America, you find more and more that some of the
3 religious dogma that has come into public law is
4 being recognized as religious dogma. It is
5 being respected as such, but the public law
6 opens up to other people.
7 Now, why is Senator Solomon so
8 agitated the last few days? Because it seems
9 that, with the end of this session, if this bill
10 passes and yesterday's bill passes, that in this
11 session, this Legislature has decided to open
12 the doors in a specific area to certain specific
13 groups and thereby, by the negative side,
14 exclude certain groups and that's got to be
15 offensive to Senator Solomon if his bill is
16 sitting in a committee and the committee did
17 nothing; and so we are not dealing with the
18 issue of Sunday sales. That's one thing, but if
19 you're dealing with the issue and you will not
20 deal with it, as it applies to a very
21 significant part of the population in this
22 state, that is offensive.
23 Now, Senator Nozzolio, I never
10237
1 asked anybody to do anything that he or she
2 would personally find offensive or that he or
3 she would personally find politically difficult
4 or embarrassing, but I don't believe, and I say
5 I don't know your district, but I can not
6 believe that, if we opened the door and took
7 care of Senator Solomon's concern, that we are
8 causing you political difficulty.
9 The only thing that would happen
10 is that a Republican in this house would break
11 precedent and maybe listen to something that was
12 said by somebody else. I -- I do find it help
13 ful that Senator Goodman says he wrote a letter
14 to the Rules Committee to consider the bill.
15 On the other hand, if it is not
16 offensive to anyone, I would like to deal in the
17 real world. What's the Rules Committee? I mean
18 it's Senator Bruno and it's some counsels, and
19 we can write letters. What does a letter do?
20 I'm a lawyer. I had a client call me today with
21 a problem, and he wanted to know what to do.
22 "Shall I call the other side?" and I said,
23 "Baloney! Write a letter."
10238
1 So I'm glad Senator Goodman wrote
2 a letter. He said he tried to be helpful, even
3 wrote a letter to the Rules Committee, but I'd
4 like to deal in the real world. I'd like to get
5 Senator Solomon's bill out or I'd like to see
6 Senator Nozzolio amend his bill and take care of
7 the problem.
8 In taking care of the problem, we
9 will also do some good for the people of New
10 York State because, first have all, you won't
11 have policemen having to wonder whether or not
12 it will be an embarrassment for them to arrest
13 an Orthodox Jew on a Sunday and then have
14 everybody in the community hate the cop. You
15 won't have to contact the Liquor Authority on
16 complaints they won't want to get because they
17 hope these summonses are never issued and you
18 will allow a segment of society that is
19 generally every day law-abiding, to be
20 law-abiding and yet take care of their needs.
21 The fact that it's not done is
22 offensive, and I look around and I take a look
23 at the Republican faces in this chamber and you
10239
1 don't want to be offensive particularly -- yours
2 is always offensive -- but Senator Libous is in
3 a class by himself.
4 SENATOR LIBOUS: Yeah.
5 SENATOR GOLD: I wouldn't want to
6 be in that class, but -- but you don't want to
7 be offensive. I understand that, I understand
8 that, but the act of ignoring a significant part
9 of the population is itself offensive, and I
10 would urge Senator Nozzolio that you have an
11 opportunity to do something about it and, if
12 it's not done today or within the next hour, it
13 should be done by way of Senator Solomon's bill,
14 something should be done.
15 It will certainly be an issue, I
16 can tell you, in some of the Jewish newspapers
17 in the city of New York. These people have been
18 very, very good to our Governor, I'm told, and
19 been pretty good to some of you, and they are
20 not going to appreciate the press release that
21 comes out of this session which says it was -
22 there was time to take care of everybody else's
23 problem in this area except theirs.
10240
1 It's the wrong thing to do. They
2 don't deserve this treatment.
3 ACTING PRESIDENT HOLLAND:
4 Senator Paterson.
5 SENATOR PATERSON: Mr. President,
6 if the sponsor would yield.
7 ACTING PRESIDENT HOLLAND:
8 Senator Nozzolio, do you yield?
9 SENATOR NOZZOLIO: Certainly.
10 ACTING PRESIDENT HOLLAND:
11 Senator yields.
12 SENATOR PATERSON: Senator
13 Nozzolio, the -- you do recognize that there was
14 a time when there couldn't be any sale of
15 alcohol on a Sunday in New York; is that not
16 correct?
17 SENATOR NOZZOLIO: Yes, it is
18 correct, Senator, and I also recognize how there
19 was a time that there was no such thing as a
20 small farm winery.
21 SENATOR PATERSON: Senator, when
22 that came into effect and we recognized the
23 issue of tourism and the fact that it is the
10241
1 week end and people are not working at that
2 particular time, we tried to make an adjustment
3 to the wineries as long as the sale was made
4 actually at the winery. What we're doing
5 through this legislation is expanding it and
6 what we're now doing is, in my opinion -- or let
7 me ask you what your opinion is. Aren't we
8 creating an unfair advantage for wineries who
9 are located in New York State that they can have
10 their product sold on Sundays and what we're
11 doing to prevent the wineries from out of state
12 from competing would be actually to ban them
13 because they can't actually appear at the state
14 fairs, and so, in a sense, by the time Monday
15 comes around and they get to compete in the open
16 market, we have actually used what was a
17 religious notion to actually ban interstate
18 sale? Haven't we done that, Senator?
19 SENATOR NOZZOLIO: Oh, Mr.
20 President, in response to the acting Minority
21 Leader's question, I would have to say I didn't
22 hear the last end, so I can't really answer it,
23 but before I answer it, I wish to lay this bill
10242
1 aside temporarily.
2 ACTING PRESIDENT HOLLAND: The
3 bill will be laid aside temporarily.
4 Secretary will read.
5 Senator Waldon.
6 SENATOR WALDON: Thank you, Mr.
7 President.
8 I was out of the chamber on other
9 business when the Senate considered 1354 and
10 1297. I respectfully request unanimous consent
11 to be recorded in the negative on those two.
12 ACTING PRESIDENT HOLLAND:
13 Without objection, Senator Waldon will be
14 recorded in the negative on 1354 and 1297, is
15 that correct?
16 SENATOR DOLLINGER: Mr.
17 President, if I can -
18 ACTING PRESIDENT HOLLAND:
19 Senator Dollinger.
20 SENATOR DOLLINGER: Could I be
21 recorded in the negative on Calendar Number
22 1356.
23 ACTING PRESIDENT HOLLAND:
10243
1 Without objection, Senator Dollinger will be
2 recorded in the negative on 1356.
3 SENATOR DOLLINGER: Thank you,
4 Mr. President.
5 ACTING PRESIDENT HOLLAND:
6 Senator Hannon.
7 SENATOR HANNON: Mr. President, I
8 was out of the chamber when the roll call was
9 taken on Calendar Number 1299. I'd like
10 unanimous consent to be recorded in the
11 affirmative on that. That's Senate 3520.
12 ACTING PRESIDENT HOLLAND:
13 Senator, that was a slow roll call yesterday.
14 The record will reflect, if you had been in the
15 chamber, you would have voted in the
16 affirmative.
17 Senator Leichter.
18 SENATOR LEICHTER: Yes, Mr.
19 President. Since we're doing these unanimous
20 consent requests, I have two. May I be recorded
21 in the negative on Calendars 1358 and 1354,
22 please.
23 ACTING PRESIDENT HOLLAND: Without
10244
1 objection, Senator Leichter will be recorded in
2 the negative on 1358 and 1354.
3 Senator Maltese.
4 SENATOR MALTESE: Mr. President,
5 would you call up Calendar Number 748, the
6 Senate Bill 19 -- 193B, by Senator Gold, which
7 was previously laid aside temporarily.
8 ACTING PRESIDENT HOLLAND:
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 748, by Senator Gold, Senate Print 193B, an act
12 to amend the General Business Law, in relation
13 to requiring child safety devices.
14 ACTING PRESIDENT HOLLAND: Read
15 the last section.
16 SENATOR HANNON: Explanation.
17 ACTING PRESIDENT HOLLAND:
18 Explanation has been asked for, Senator Gold.
19 SENATOR GOLD: Yeah, thank you,
20 Senator Hannon.
21 Senator, this is a bill which we
22 put in, I think, a couple years ago and we're
23 now to a "B" print, which we've negotiated with
10245
1 the people concerned, and the food merchants,
2 and it basically would require that 25 percent
3 of the carts that are provided by supermarkets
4 would have some kind of aid for children. It
5 can be nothing more than a strap.
6 The food merchants were concerned
7 about the original number. We've worked with
8 them. I have a letter from Michael Rosen
9 thanking us for the cooperation, indicating that
10 the "B" print addresses their concerns and
11 indicating that they are not opposed to the
12 proposal.
13 I'm told that now the food
14 merchants, together with the manufacturers of
15 these belts, together with the Attorney General
16 have worked this out, and I think that the food
17 merchants at this point may even look at it as a
18 positive from their own advertising.
19 There's nothing that requires
20 anybody who goes shopping to use them, but the
21 bottom line is that, if someone is shopping with
22 children, it should be available. I am informed
23 that the cost factors are totally minimal, that
10246
1 the law can be complied with for a dollar or two
2 or three.
3 If there's a problem with a
4 violation, they are given time to correct the
5 violation, and the bill will not take effect for
6 360 days.
7 ACTING PRESIDENT HOLLAND: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect one hundred -
11 ACTING PRESIDENT HOLLAND: I'm
12 sorry, one second.
13 Senator Hannon.
14 SENATOR HANNON: I may just make
15 some comments. I don't want to make a big thing
16 of this. I realize that Senator Gold has this
17 bill here and he believes it's going to be of
18 some use, but having gone through six years of
19 shopping with kids, I want to tell you, these
20 straps that they now have in the carts that he
21 seeks to promote are totally useless, probably
22 unsafe, and it's hard to figure out what value
23 they are.
10247
1 Now, we're all familiar with the
2 utility of car seats and use of seat belts and
3 the very great safety that they afford when
4 you're driving a car. One would then think
5 there's an analogy to these shopping carts, and
6 I would totally disagree since they're nowhere
7 near designed for anything, and they're more for
8 the convenience of pushing the kid around, but
9 if you put a seat belt on her, it makes it more
10 difficult to use the seat, and it probably makes
11 the kid squirm more, so this is -- this comes -
12 my primary comment comes from having tried to
13 use them and find them useless.
14 But Senator Gold's comments cause
15 me to really read these things again and, you
16 know, it makes it all the more quizzical why one
17 would support a bill like this. Reasonable
18 engineering standards are called for. This, of
19 course, presumes that there are unreasonable
20 engineering standards in other sections of law
21 that we're now going to wipe out. I would
22 presume anything is a reasonable engineering
23 standard, because no place else in the bill do I
10248
1 find any reference to anybody who's going to set
2 those engineering standards.
3 But then what is even more
4 quizzical is what's the 25 percent of, because
5 we're now going to require every grocery store
6 or whatever type of other retail operation that
7 is using shopping carts to keep an inventory of
8 the total number of shopping carts that would be
9 up to date so you could tell what the 25 percent
10 is.
11 Seems a little ridiculous, but
12 then when I went to see whether there was a
13 reasonable fine or penalty, I realized that lo
14 and behold, that this great crying need for
15 safety in the supermarket aisles will require
16 the intervention of the Attorney General if
17 there's a violation. So I'm not even sure that
18 you have a useful enforcement here.
19 So I commend Senator Gold for his
20 concern, but I'm wondering if this is, you know,
21 the right way to do it, the proper way to do it,
22 and whether we really need to have this type of
23 legislation. So I mean we haven't gone through
10249
1 the -
2 SENATOR GOLD: Mr. President.
3 SENATOR HANNON: We haven't gone
4 through -- I don't have all of the oratorical
5 skills and -- and the way to think out all of
6 the possible implications in a piece of legis
7 lation that the proponent to this bill would,
8 but I do think this measure is not without its
9 defects.
10 SENATOR GOLD: Thank you. Mr.
11 President.
12 ACTING PRESIDENT HOLLAND:
13 Senator Gold.
14 SENATOR GOLD: I appreciate
15 Senator Hannon's feelings and his sincerity and
16 obviously, Senator Hannon, if this is the law
17 just as today the markets have these available,
18 you certainly don't have to use one of those.
19 You can use one of the other carts and anyone
20 who has -- who finds them difficult can do
21 that.
22 I would point out that the
23 Attorney General's office and the food merchants
10250
1 and the manufacturers have all been involved and
2 are very happy with what the language says and,
3 as a matter of fact, I understand that they are
4 already almost in compliance because they feel
5 now that we've discussed this issue out that
6 they have more to gain than to lose in the way
7 of good public relations.
8 So, if you realize that 75
9 percent of these carts are not mandated to have
10 anything, there are a sufficient number of
11 carts, Senator, for those people who may, as
12 you, feel that there is something wrong.
13 Meanwhile, I don't want to draw this as the most
14 significant bill of the session, but I think it
15 will save some kids from getting hurt, and it
16 will make it available to those parents who find
17 putting a strap around their child not to be too
18 complicated.
19 ACTING PRESIDENT HOLLAND: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect 360 days next succeeding
23 the date.
10251
1 ACTING PRESIDENT HOLLAND: Call
2 the roll.
3 (The Secretary called the roll. )
4 ACTING PRESIDENT HOLLAND:
5 Senator Oppenheimer, you want to explain your
6 vote?
7 Senator Oppenheimer.
8 SENATOR OPPENHEIMER: I'm
9 fortunate that, in my area, most of our
10 supermarkets did have these restraints for
11 children, and I must say I have used them for
12 many years, and I find them a very valuable
13 addition to those carts.
14 SENATOR JONES: If you use them.
15 SENATOR OPPENHEIMER: The
16 children are always trying to creep out. I
17 think it's a wonderful bill. I vote yes.
18 ACTING PRESIDENT HOLLAND:
19 Announce the vote.
20 THE SECRETARY: Those recorded in
21 the negative on Calendar Number 748 are Senators
22 DeFrancisco, DiCarlo, Hannon, Holland, Johnson,
23 Kuhl, Larkin, Maziarz, Wright and Nozzolio.
10252
1 Ayes 45, nays 10.
2 ACTING PRESIDENT HOLLAND: The
3 bill is passed.
4 Senator Maltese.
5 SENATOR MALTESE: Mr. President,
6 there will be an immediate meeting of the Rules
7 Committee in Room 332.
8 ACTING PRESIDENT HOLLAND: There
9 will be an immediate meeting of the Rules
10 Committee in Room 332.
11 Secretary will read. Senator
12 Maltese.
13 SENATOR MALTESE: Mr. President,
14 will you call up Calendar 1371, Senate Number
15 5079, by Senator Hoblock.
16 ACTING PRESIDENT HOLLAND:
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1371, by Senator Hoblock, Senate Print Number
20 5079, an act to amend the Lobbying Act, in
21 relation to the use of '800' telephone numbers.
22 SENATOR MENDEZ: Explanation.
23 ACTING PRESIDENT HOLLAND:
10253
1 Senator Mendez. Explanation is asked for.
2 SENATOR HOBLOCK: Yes, Mr.
3 President.
4 This is an amendment to the
5 Lobbying Act that, if a lobbyist is required to
6 register pursuant to this act and employs or
7 contracts the use of an '800' telephone number
8 for certain information in connection with that
9 contract agreement then the background of the
10 use of that '800' number including a script must
11 be on file.
12 ACTING PRESIDENT HOLLAND:
13 Senator Mendez.
14 SENATOR MENDEZ: Senator Hoblock,
15 we were wondering why can't we also have the
16 '800' numbers filed with us for political
17 committees?
18 SENATOR HOBLOCK: My
19 understanding, as far as political committees
20 are concerned, there is a byline at the end of
21 the commercial who pays for it, and what we've
22 found, and the reason for this legislation is,
23 Senator Mendez, what's happened is a number of
10254
1 these groups have got together, formed these
2 coalitions, and we don't know who they are,
3 where in a political advertisement, you do
4 know.
5 SENATOR MENDEZ: Explanation is
6 satisfactory.
7 ACTING PRESIDENT HOLLAND: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT HOLLAND: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 55.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 SENATOR COOK: Mr. President.
18 ACTING PRESIDENT HOLLAND:
19 Senator Cook.
20 SENATOR COOK: Mr. President,
21 could I be recorded in the negative on Calendar
22 Number 748, please.
23 ACTING PRESIDENT HOLLAND: With
10255
1 unanimous consent, Senator Cook will be recorded
2 in the negative on Calendar Number 748.
3 Senator Oppenheimer.
4 SENATOR OPPENHEIMER: I'd like
5 unanimous consent to be in the negative on
6 Calendar Number 1276.
7 ACTING PRESIDENT HOLLAND:
8 Senator Oppenheimer in the negative on Calendar
9 Number 1276, with unanimous consent.
10 Senator Mendez.
11 Senator Maltese.
12 SENATOR MALTESE: Mr. President,
13 would you call up Calendar Number 1374, Senate
14 Bill Number 5432A, by Senator Levy.
15 ACTING PRESIDENT HOLLAND:
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1374, by Senator Levy, Senate Print Number
19 5342A, an act to amend the Vehicle and Traffic
20 Law, in relation to establishing an advisory
21 committee.
22 ACTING PRESIDENT HOLLAND:
23 Explanation.
10256
1 SENATOR MENDEZ: Mr. President.
2 ACTING PRESIDENT HOLLAND:
3 Senator Mendez.
4 SENATOR MENDEZ: Senator Gold has
5 great interest in this bill. He is in the
6 Committee on Rules meeting right now. We'll be
7 sending for him. Do you want to wait it out
8 just temporary for a few minutes?
9 SENATOR LEVY: Yes.
10 SENATOR MENDEZ: Thank you.
11 ACTING PRESIDENT HOLLAND: Bill
12 will be temporarily -
13 SENATOR MENDEZ: Excuse me.
14 ACTING PRESIDENT HOLLAND: I
15 guess Senator Gold is here.
16 SENATOR MENDEZ: Thank you.
17 SENATOR GOLD: Senator Levy, will
18 you yield to a question?
19 ACTING PRESIDENT HOLLAND:
20 Senator, will you yield? Senator yields.
21 SENATOR LEVY: Yes.
22 SENATOR GOLD: Senator Levy,
23 yes. The question is just a simple one. This
10257
1 basically sets up an advisory committee, is that
2 correct?
3 SENATOR LEVY: It re-establishes
4 it. It lapsed and it really did terrific work
5 in trying to deal with the on -- the ongoing
6 problems that relate to the weight of vehicles
7 involved in heavy construction.
8 SENATOR GOLD: Well, Senator, if
9 you'll yield to one more question.
10 SENATOR LEVY: Yes.
11 SENATOR GOLD: Is there a cost
12 factor connected with this?
13 SENATOR LEVY: There -- in the
14 past there really hasn't been. It operated
15 under the aegis of DOT personnel who were the
16 staff people that were involved in doing the
17 work on behalf of the committee.
18 SENATOR GOLD: Well, Senator Levy
19 -- Mr. President, on the bill.
20 I'd like to thank you, Senator
21 Levy. You say that there's no cost associated
22 with this, Senator, and I will tell you in
23 public right to your face, I find you credible
10258
1 on that issue. And why do I want you to be
2 credible on that issue? Because I, and I think
3 some others have been told that some suggestions
4 we have for some advisory committees such as the
5 one I've put in for SIDS babies who die of
6 Sudden Infant Death Syndrome are being held up
7 by your counsels because they say, with the
8 budget problems, that these advisory councils
9 can be a budgetary problem.
10 I don't think they are, Senator.
11 I think that some of the advisory councils such
12 as the one you're suggesting today, Senator
13 Levy, are very, very good and they can operate
14 with almost no budgetary consequences, and I
15 would ask your counsels to listen to you,
16 because your answer is the correct one, and I'd
17 like to see some action on some of those that I
18 have suggested and other people have suggested
19 without being told that we are infringing on the
20 Governor's budget.
21 Thank you.
22 ACTING PRESIDENT HOLLAND: Read
23 the last section.
10259
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT HOLLAND: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 55.
7 ACTING PRESIDENT HOLLAND: The
8 bill is passed.
9 Senator Maltese.
10 SENATOR MALTESE: Mr. President,
11 would you call up Calendar 583, Senate 4146A, by
12 Senator Levy.
13 ACTING PRESIDENT HOLLAND: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 583, by Senator Levy, Senate Print 4146A, an act
17 to amend the Transportation Law, in relation to
18 requiring the Commissioner of Transportation to
19 take an annual inventory.
20 SENATOR MENDEZ: Last section.
21 ACTING PRESIDENT HOLLAND: Read
22 the last section.
23 THE SECRETARY: Section 2. This
10260
1 act shall take effect immediately.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 55.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 Senator Maltese.
9 SENATOR MALTESE: Mr. President,
10 would you call up Calendar 1233, Senate Bill
11 3856A, by Senator Libous.
12 ACTING PRESIDENT HOLLAND: The
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1233, by Senator Libous, Senate Print 3856A, an
16 act to amend the Mental Hygiene Law, in relation
17 to receivership of residential facilities.
18 SENATOR MALTESE: Mr. President,
19 is there a message?
20 ACTING PRESIDENT HOLLAND: Yes,
21 there is a message at the desk.
22 SENATOR MALTESE: Move to accept
23 the message.
10261
1 ACTING PRESIDENT HOLLAND: Motion
2 to accept the message. All in favor say aye.
3 (Response of "Aye.")
4 All opposed say no.
5 (There was no response.)
6 The message is accepted.
7 Read the last section.
8 THE SECRETARY: Section 10. This
9 act shall take effect immediately.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 55.
14 ACTING PRESIDENT HOLLAND: The
15 bill is passed.
16 SENATOR MALTESE: Mr. President,
17 would you call up 1283, Senate Print 4864A, by
18 Senator Cook.
19 ACTING PRESIDENT HOLLAND:
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 1283, by Senator Cook, Senate Print 4864A, an
23 act to amend the Public Officers Law, in
10262
1 relation to the defense and indemnification of
2 members.
3 SENATOR VELELLA: Senator, is
4 there a message at the desk?
5 ACTING PRESIDENT HOLLAND: There
6 is a message.
7 SENATOR VELELLA: Move we accept
8 the message.
9 ACTING PRESIDENT HOLLAND: The
10 motion to accept the message, all in favor say
11 aye.
12 (Response of "Aye.")
13 Opposed say nay.
14 (There was no response. )
15 The message is accepted.
16 Last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT HOLLAND: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 55.
23 ACTING PRESIDENT HOLLAND: The
10263
1 bill is passed.
2 SENATOR VELELLA: Mr. President,
3 can we go to Calendar Number 1293, please.
4 ACTING PRESIDENT HOLLAND:
5 Secretary will read.
6 THE SECRETARY: Calendar Number
7 1293, by Senator Lack, Senate Print Number
8 1297A, an act to amend the Surrogate's Court
9 Procedure Act, in relation to the statute of
10 limitations.
11 ACTING PRESIDENT HOLLAND: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect 60 days after the date on
15 which it shall have become law.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 55.
20 ACTING PRESIDENT HOLLAND: The
21 bill is passed.
22 Senator Velella.
23 SENATOR VELELLA: Can we go to
10264
1 Calendar 1362, now, please.
2 ACTING PRESIDENT HOLLAND:
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1362, by Senator Johnson, Senate Print 3002A, an
6 act to amend the Public Service Law, in relation
7 to eliminating utilities as installers.
8 SENATOR PATERSON: Explanation.
9 ACTING PRESIDENT HOLLAND:
10 Explanation has been requested. Senator
11 Johnson.
12 SENATOR JOHNSON: Mr. President,
13 presently under the Home Insulation and Energy
14 Conservation Act, utilities are required to
15 maintain a -- a list of qualified and partici
16 pating suppliers and contractors. What this
17 says is, instead of saying "shall" maintain the
18 list, it says they "may" maintain the list, but
19 it says if they do, it must be in a
20 non-discriminatory manner.
21 This bill is introduced primarily
22 because some contractors who are qualified have
23 been excluded from the program by utilities,
10265
1 particularly local on Long Island. We like the
2 program to be open -
3 ACTING PRESIDENT HOLLAND:
4 Senator Johnson, can we have that door closed in
5 back of you.
6 SENATOR JOHNSON: I'll get it
7 closed.
8 ACTING PRESIDENT HOLLAND: Thank
9 you, Senator.
10 SENATOR JOHNSON: So this opens
11 up the ability through these contracts under the
12 Home Insulation and Energy Conservation Act to
13 all qualified contractors.
14 Any question?
15 ACTING PRESIDENT HOLLAND:
16 Senator Smith.
17 SENATOR SMITH: Thank you. Will
18 the sponsor yield to a few questions?
19 SENATOR JOHNSON: Yes.
20 SENATOR SMITH: Thank you. Would
21 this bill, in essence, increase the cost to
22 certain users in the five boroughs who may be in
23 the Brooklyn Union Gas or Con Edison area?
10266
1 SENATOR JOHNSON: Users? You
2 mean like persons who use the gas service or
3 electric service?
4 SENATOR SMITH: There's special
5 -- if I'm not mistaken, there are certain
6 contractors for the use of Brooklyn Union Gas
7 and with Con Edison for these services and those
8 that are currently using the services would
9 receive an increase because of this particular
10 bill.
11 SENATOR JOHNSON: Well, this
12 really doesn't refer to continuing service from
13 the utility. This pertains to essentially
14 retrofitting their home to be energy-efficient.
15 SENATOR SMITH: Yes, but not to
16 cut you off, but they have service contracts
17 with Brooklyn Union Gas Company.
18 SENATOR JOHNSON: But Senator,
19 this does not apply to contracts. This applies
20 to like if your house is being retrofitted for
21 the winter, you could have a new furnace, you
22 could have new insulation, you could have new
23 storm windows, they have a list of contractors
10267
1 now and no other contractor can participate in
2 that program. It's not a continuing service
3 contract type of arrangement.
4 SENATOR SMITH: I beg to differ
5 with you. There is a service contract with the
6 company.
7 SENATOR JOHNSON: Senator, I
8 think you're discussing another bill. This bill
9 does not pertain to any service contractual type
10 arrangement. Any -- all this says, all this
11 says, Senator, is that they shall open up the
12 list. It says "and may with the permission of
13 the commission, maintain the list" to more
14 contractors, but whoever the contractor is,
15 whatever the arrangement is will not be changed,
16 it will just be more contractors that are able
17 to participate in the program.
18 SENATOR SMITH: I'm going to sit
19 down and defer to my colleague.
20 ACTING PRESIDENT HOLLAND:
21 Senator Paterson is next, Senator DiCarlo.
22 SENATOR PATERSON: Senator
23 Johnson, you've amended the bill and so what I
10268
1 want to ask you is now that you have changed it
2 and said that they may involve other contractors
3 in the process, isn't it continuing the
4 protection that we're trying to set up for
5 consumers in the first place because the
6 contractors that were made available by utility
7 companies, which would have protected the
8 consumers in the first place from, you know,
9 just looking up the individual or the contractor
10 in the Yellow Pages and just finding someone who
11 may not have really complied with a lot of the
12 regulations in which they could conduct some of
13 the energy cost savings that -- measures that
14 they can -
15 SENATOR JOHNSON: Your question
16 is, will the people not have the protection of
17 having their -- the contractor screened by that
18 utility, is that your question?
19 SENATOR PATERSON: Yes, exactly,
20 Senator.
21 SENATOR JOHNSON: Well, it
22 doesn't say everyone who wants to get on the
23 list has to be on it. It says that the utility
10269
1 with the permission of the commission, may
2 prepare and maintain a list of qualified and
3 existing suppliers in a non-discriminatory
4 manner; in other words, that these people are
5 not good actors, if they don't do good work,
6 they don't finish the job, if there are problems
7 with their work, they don't have to be put on
8 the list. They'd have to meet the same
9 standard.
10 Every contractor who is licensed
11 and doesn't have a bad record or is licensed by
12 the Consumer Protection Board, if he's qualified
13 to do the work, he should be able to do the work
14 and he shouldn't be excluded because the utility
15 has certain pet people they like to deal with
16 and they don't want to deal with anyone else.
17 SENATOR PATERSON: And that's
18 precisely why I would imagine that you drafted
19 the legislation because there was a contractor
20 or there had been contractors who were licensed
21 who had not been in any kind of trouble who had
22 not been brought before any consumer protection
23 boards, but they were not on the list, is that
10270
1 correct?
2 SENATOR JOHNSON: That's correct,
3 yes.
4 SENATOR PATERSON: The only
5 reservation, I guess, that the Energy Council
6 had was that, by expanding the list you might
7 bring in individuals that were not necessarily
8 qualified, but it seems that your amendment has
9 addressed it. How does the Energy Council feel
10 now?
11 SENATOR JOHNSON: Well, they
12 commented on the original bill and they didn't
13 comment on the amended bill, and I don't think
14 we have any negative memo on the amended bill.
15 I may be wrong, but I don't have it in my
16 possession, so I think there -
17 SENATOR PATERSON: I assume,
18 Senator, that since the -- the quotient of their
19 criticism is really addressed by your amendment,
20 that we could at least assume that -- that the
21 bill as it stands now would be fine.
22 SENATOR JOHNSON: Thank you,
23 Senator.
10271
1 ACTING PRESIDENT HOLLAND:
2 Senator DiCarlo.
3 SENATOR DiCARLO: Would the
4 Senator yield?
5 ACTING PRESIDENT HOLLAND:
6 Senator, do you yield?
7 SENATOR JOHNSON: Yes.
8 ACTING PRESIDENT HOLLAND:
9 Senator yields.
10 SENATOR DiCARLO: I think Senator
11 Smith and I, when this bill first came out, we
12 had been notified by Brooklyn Union about a
13 piece of legislation that would have turned
14 around many of the service contracts for our
15 constituents in Brooklyn. I think that's a
16 different piece of legislation that Senator
17 Smith may be thinking about. Is that true, do
18 you know?
19 SENATOR JOHNSON: That's
20 correct. This is only insulation on energy
21 saving things. Doesn't deal with maintenance,
22 doesn't deal with -- the bill which you talk
23 about is not being advanced at this time.
10272
1 SENATOR DiCARLO: Thank you.
2 ACTING PRESIDENT HOLLAND: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT HOLLAND: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT HOLLAND: The
11 bill is passed.
12 Senator Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, is there any housekeeping at the
15 desk?
16 ACTING PRESIDENT HOLLAND: Yes,
17 we have some substitutions. We can do the
18 substitutions if you please.
19 SENATOR MARCELLINO: Can we do
20 those, please?
21 ACTING PRESIDENT HOLLAND:
22 Secretary will read.
23 THE SECRETARY: On page 13,
10273
1 Senator DeFrancisco moves to discharge from the
2 Committee on Rules Assembly Bill Number 7435,
3 and substitute it for the identical Calendar
4 Number 633.
5 On page 19, Senator Goodman moves
6 to discharge from the Committee on Rules
7 Assembly Bill Number 6138 and substitute it for
8 the identical Calendar Number 799.
9 On page 36, Senator Saland moves
10 to discharge from the Committee on Rules
11 Assembly Bill Number 8095 and substitute it for
12 the identical Calendar Number 1379.
13 ACTING PRESIDENT HOLLAND:
14 Substitutions ordered.
15 Housekeeping, Senator DiCarlo?
16 SENATOR DiCARLO: Yes, Mr.
17 President. On behalf of Senator Maltese, please
18 place a sponsor's star on Calendar Number 1343.
19 ACTING PRESIDENT HOLLAND:
20 Sponsor's star will be placed on 1343 for
21 Senator Maltese.
22 Any other housekeeping?
23 Senator Marcellino.
10274
1 SENATOR MARCELLINO: Mr.
2 President, can we return to motions of standing
3 committees -- reports of standing committees.
4 Is there a report from the Rules Committee.
5 ACTING PRESIDENT HOLLAND:
6 Secretary will read.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, reports the
9 following bills:
10 Senate Print 31A, by Senator
11 Hannon, in relation to the sales tax imposed on
12 club dues;
13 203, by Senator Holland, an act
14 to amend the Judiciary Law, in relation to
15 increasing the allocation of funds;
16 467, by Senator Holland, an act
17 to amend the Social Services Law, in relation to
18 including portable X-ray services;
19 735, by Senator Jones, an act to
20 authorize the Commissioner of the Department of
21 Transportation to abandon certain canal lands;
22 1350A, by Senator Oppenheimer, an
23 act to amend the Vehicle and Traffic Law, in
10275
1 relation to leaving the scene of an accident
2 without reporting;
3 1578A, by Senator Larkin, an act
4 to amend the Real Property Tax Law, in relation
5 to subjecting certain state lands;
6 2304A, by Senator DeFrancisco, an
7 act to amend the Canal Law, in relation to
8 making conforming amendments;
9 2555A, by Senator Larkin, an act
10 to amend the Town Law and the County Law, in
11 relation to the establishment and extension of
12 fire districts;
13 2643A, by Senator Goodman, an act
14 to amend the Transportation Law, in relation to
15 establishing dispute settlement programs;
16 3184A, by Senator Wright, an act
17 to amend the Real Property Tax Law, in relation
18 to subjecting lands within the Tug Hill region
19 to taxation;
20 3205, by Senator Spano, an act to
21 amend the Retirement and Social Security Law, in
22 relation to uniformed court officers;
23 3382A, by Senator Skelos, an act
10276
1 to amend the General Business Law, in relation
2 to the qualifications for a private
3 investigator's license;
4 3560, by Senator Johnson, an act
5 to amend the General Obligations Law, in
6 relation to liability of landowners receiving
7 certain consideration;
8 3686A, by Senator Larkin, an act
9 to amend the Real Property Law and the Real
10 Property Tax Law, in relation to the assessment
11 of property of homeowners;
12 3736, by Senator LaValle, an act
13 to amend the General Municipal Law, in relation
14 to creating the town of Southampton Community
15 Development Agency;
16 4049, by Senator DiCarlo, an act
17 to amend the General Municipal Law, in relation
18 to paid leave for disaster service volunteers;
19 4158, by Senator Leibell, an act
20 to amend the General Municipal Law, in relation
21 to urban development action;
22 4225B, by Senator DeFrancisco, an
23 act to amend the County Law, the General
10277
1 Municipal Law and the Education Law, in relation
2 to the appointment as private college campus
3 security officers;
4 4398, by Senator Spano, an act to
5 amend the Local Finance Law, in relation to
6 bonds and notes of the city of Yonkers;
7 4884A, by Senator Seward, an act
8 to amend the State Administrative Procedure Act,
9 in relation to provision of non-basic
10 telecommunications services;
11 5222, by Senator Goodman, an act
12 to amend the Tax Law, in relation to an
13 amendment of a lease by a cooperative housing
14 corporation;
15 5380, by Senator LaValle, an act
16 in relation to creating a tax stabilization
17 reserve fund; and
18 5395A, by Senator Velella, an act
19 to amend the Public Health Law, in relation to
20 the testing of pregnant women for the human
21 immunodeficiency virus.
22 All bills ordered directly for
23 third reading.
10278
1 SENATOR MARCELLINO: Mr.
2 President, I move we accept the report of the
3 Rules Committee.
4 ACTING PRESIDENT HOLLAND: All in
5 favor of accepting the Rules Committee report
6 say aye.
7 (Response of "Aye.")
8 Opposed say nay.
9 (Response of "Nay.")
10 The rules report is accepted.
11 SENATOR MARCELLINO: Recognize
12 Senator Levy.
13 ACTING PRESIDENT HOLLAND:
14 Senator Levy.
15 SENATOR LEVY: I'd like to
16 request unanimous consent to be recorded in the
17 negative on 1276.
18 ACTING PRESIDENT HOLLAND:
19 Without objection, Senator Levy is recorded in
20 the negative on Calendar 1276.
21 SENATOR MARCELLINO: Can we
22 recognize Senator Santiago, please.
23 SENATOR SANTIAGO: I'd like to
10279
1 request unanimous consent to be recorded in the
2 negative on Calendars 1297, 1354 and 1358.
3 ACTING PRESIDENT HOLLAND:
4 Without objection, the Senator will be recorded
5 in the negative on those three calendar
6 items.
7 Senator Marcellino.
8 SENATOR MARCELLINO: Mr.
9 President, could we take up Senate Supplemental
10 Calendar Number 1, non-controversial, please.
11 ACTING PRESIDENT HOLLAND: The
12 Secretary will read.
13 THE SECRETARY: Calendar Number
14 1366, by Senator Hannon, Senate Print 31A, an
15 act to amend the Tax Law, in relation to the
16 sales tax imposed on club dues.
17 SENATOR PATERSON: Lay aside,
18 please.
19 ACTING PRESIDENT HOLLAND: Laid
20 aside.
21 THE SECRETARY: Calendar Number
22 1386, by Senator Holland.
23 SENATOR MARCELLINO: Mr.
10280
1 President.
2 ACTING PRESIDENT HOLLAND:
3 Senator Marcellino.
4 SENATOR MARCELLINO: Can we have
5 a brief pause for -- at the request of our
6 Deputy Minority Leader to catch his breath.
7 ACTING PRESIDENT HOLLAND: The
8 Senate will stand at ease temporarily, just a
9 brief pause, not at ease, just a brief pause.
10 SENATOR MARCELLINO: Mr.
11 President.
12 ACTING PRESIDENT HOLLAND: Senator
13 Marcellino.
14 SENATOR MARCELLINO: May we now
15 call up Calendar Number 1218. I believe there's
16 a home rule message at the desk.
17 ACTING PRESIDENT HOLLAND: There
18 is a home rule message at the desk. The
19 Secretary will read it.
20 THE SECRETARY: On page 28,
21 Calendar Number 1218, by Senator Maltese, Senate
22 Print 3718A, an act to amend the Administrative
23 Code of the city of New York, in relation to the
10281
1 title and compensation of certain police
2 sergeants.
3 ACTING PRESIDENT HOLLAND: Read
4 the last section.
5 THE SECRETARY: There is a home
6 rule message. We mentioned that.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT HOLLAND: Call
10 the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 56.
13 ACTING PRESIDENT HOLLAND: The
14 bill is passed.
15 Senator Marcellino.
16 SENATOR MARCELLINO: Mr.
17 President.
18 ACTING PRESIDENT HOLLAND:
19 Senator Marcellino.
20 SENATOR MARCELLINO: May we
21 return to the non-controversial calendar,
22 Supplemental Number 1.
23 ACTING PRESIDENT HOLLAND:
10282
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1366, by Senator Hannon, Senate Print 31A, an
4 act to amend the Tax Law, in relation to the
5 sales tax imposed on club dues.
6 SENATOR PATERSON: Lay aside,
7 please.
8 ACTING PRESIDENT HOLLAND: Laid
9 aside.
10 THE SECRETARY: Calendar Number
11 1386, by Senator Holland, Senate Print 203, an
12 act to amend the Judiciary Law, in relation to
13 increasing the allocation of funds.
14 ACTING PRESIDENT HOLLAND: Read
15 the last section.
16 Senator Gold.
17 SENATOR GOLD: One second,
18 please.
19 ACTING PRESIDENT HOLLAND: One
20 second.
21 SENATOR MARCELLINO: Lay it
22 aside.
23 ACTING PRESIDENT HOLLAND: Lay
10283
1 the bill aside.
2 THE SECRETARY: Calendar Number
3 1387, by Senator Holland, Senate Print Number
4 467 -
5 SENATOR GOLD: Mr. President.
6 ACTING PRESIDENT HOLLAND:
7 Senator Gold.
8 SENATOR GOLD: Yeah. I don't
9 have any objection to -- to your bill, 18...
10 1386. I'd like to explain my vote, but if you'd
11 like to call it up, I don't have any objection.
12 ACTING PRESIDENT HOLLAND: Can we
13 return to 1386, please.
14 THE SECRETARY: Calendar Number
15 1386, by Senator Holland, Senate Print 203, an
16 act to amend the Judiciary Law.
17 ACTING PRESIDENT HOLLAND:
18 Senator Gold to explain his vote. Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of
22 April.
23 ACTING PRESIDENT HOLLAND: Call
10284
1 the roll.
2 (The Secretary called the roll. )
3 ACTING PRESIDENT HOLLAND:
4 Senator Gold to explain his vote.
5 SENATOR GOLD: Mr. President,
6 there was a day, I guess maybe a year or two ago
7 when I sat at a committee meeting and your first
8 bill came up, and I was disgusted and shocked at
9 the problem and very proud of you for at least
10 trying to deal with it but, as I looked into the
11 problem, I found that while we are increasing
12 the amount of money that goes to the client
13 protection fund, I am unconvinced that the $40
14 additional amount of money makes the fund
15 solvent, and the way I understand the fund has
16 been operated is that they only take so many
17 claims to process because they've only got a
18 certain amount of money, rather than processing
19 all of the claims and getting the money.
20 Now, when we originally, thanks
21 to former Senator "Cadillac" Smith, put in this
22 fee for lawyers, the argument behind it was that
23 we would create a fund and take care of clients
10285
1 who were injured. Then we got to the point
2 where we started limiting the amount of money
3 that went to the client fund and putting the
4 other money elsewhere.
5 While I will support this bill
6 because the hundred dollars is better than 60,
7 Senator Holland, I don't think we've gone far
8 enough. As much money as is taken from these
9 fees as is necessary to pay injured clients
10 ought to be available and the money should not
11 be diverted. So, Senator Holland, you have my
12 congratulations for dealing at least in some way
13 with the problem, but it is in no way curing
14 this problem, and there are people who have been
15 injured by -- by lawyers who have defrauded
16 their own clients, who are not being paid and
17 that's our fault because we have diverted some
18 of that money.
19 I vote in the affirmative.
20 ACTING PRESIDENT HOLLAND:
21 Announce the results.
22 THE SECRETARY: Ayes 56.
23 ACTING PRESIDENT HOLLAND: The
10286
1 bill is passed.
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 387, by Senator Holland, Senate Print 467.
5 SENATOR PATERSON: Lay aside,
6 please.
7 ACTING PRESIDENT HOLLAND: Lay
8 aside, please.
9 SENATOR STACHOWSKI: Mr.
10 President.
11 ACTING PRESIDENT HOLLAND:
12 Senator.
13 SENATOR STACHOWSKI: May I have
14 unanimous consent to be recorded in the negative
15 on Calendar Number 1270?
16 ACTING PRESIDENT HOLLAND: You
17 were recorded in the negative on 1270.
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 1388, by Senator Jones, Senate Print Number 735,
21 an act to authorize the Commissioner of the
22 Department of Transportation.
23 ACTING PRESIDENT HOLLAND: Last
10287
1 section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT HOLLAND: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 56.
8 ACTING PRESIDENT HOLLAND: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1390, by Senator Oppenheimer, Senate Print
12 Number 1350A, an act to amend the Vehicle and
13 Traffic Law, in relation to leaving the scene of
14 an accident without reporting.
15 ACTING PRESIDENT HOLLAND: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first day of
19 November.
20 ACTING PRESIDENT HOLLAND: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 56.
10288
1 ACTING PRESIDENT HOLLAND: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1391, by Senator Larkin, Senate Print 1578A, an
5 act to amend the Real Property Tax Law, in
6 relation to subjecting certain state lands.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll -- read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect April 1st.
11 ACTING PRESIDENT HOLLAND: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 56.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1392, by Senator DeFrancisco, Senate Print
19 2304A, an act to amend the Canal Law, in
20 relation to making conforming amendments.
21 ACTING PRESIDENT HOLLAND: Read
22 the last section.
23 THE SECRETARY: Section 38. This
10289
1 act shall take effect immediately.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 56.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1393, by Senator Larkin, Senate Print 2555A, an
10 act to amend the Town Law and County Law, in
11 relation to establishment and extension of fire
12 districts.
13 ACTING PRESIDENT HOLLAND: Read
14 the last section.
15 THE SECRETARY: Section 14. This
16 act shall take effect on the 30th day.
17 ACTING PRESIDENT HOLLAND: Call
18 the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 56.
21 ACTING PRESIDENT HOLLAND: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
10290
1 1394, by Senator Goodman, Senate Print 2643A, an
2 act to amend the Transportation Law, in relation
3 to establishing dispute settlement programs.
4 ACTING PRESIDENT HOLLAND: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT HOLLAND: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 56.
12 ACTING PRESIDENT HOLLAND: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1359, by Senator Wright, Senate Print 3184A, an
16 act to amend the Real Property Tax Law, in
17 relation to subjecting lands within the Tug Hill
18 region to taxation.
19 ACTING PRESIDENT HOLLAND: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 January.
10291
1 ACTING PRESIDENT HOLLAND: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 56.
5 ACTING PRESIDENT HOLLAND: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1396, by Senator Spano, Senate Print Number
9 3205, an act to amend the Retirement and Social
10 Security Law, in relation to uniform court
11 officers.
12 ACTING PRESIDENT HOLLAND: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 56.
20 ACTING PRESIDENT HOLLAND: The
21 bill is passed.
22 THE SECRETARY: Calendar...
23 Senator Skelos moves to discharge from the
10292
1 Committee on Rules Assembly Bill Number 6108A,
2 and substitute it for the identical Calendar
3 Number 1397.
4 ACTING PRESIDENT HOLLAND:
5 Substitution ordered.
6 THE SECRETARY: Calendar Number
7 1397, by member of the Assembly Weisenberg,
8 Assembly Print 6108A, an act to amend the
9 General Business Law, in relation to
10 qualifications for a private investigator's
11 license.
12 ACTING PRESIDENT HOLLAND: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 56.
20 ACTING PRESIDENT HOLLAND: The
21 bill is passed. Senator Leichter.
22 SENATOR LEICHTER: Negative.
23 ACTING PRESIDENT HOLLAND:
10293
1 Announce the results.
2 THE SECRETARY: Ayes 55, nays
3 one, Senator Leichter recorded in the negative.
4 ACTING PRESIDENT HOLLAND: The
5 bill is passed.
6 THE SECRETARY: 1398, by Senator
7 Johnson, Senate Print 3560.
8 SENATOR PATERSON: Lay aside.
9 ACTING PRESIDENT HOLLAND: Lay
10 the bill aside.
11 THE SECRETARY: Calendar Number
12 1399.
13 ACTING PRESIDENT HOLLAND: The
14 bill is high. Laid aside, please.
15 THE SECRETARY: Calendar Number
16 1400, by Senator LaValle, Senate Print 3736, an
17 act to amend the General Municipal Law, in
18 relation to creating the town of Southampton
19 Community Development Agency.
20 ACTING PRESIDENT HOLLAND: There
21 is a home rule message at the desk.
22 THE SECRETARY: Section -
23 ACTING PRESIDENT HOLLAND: Read
10294
1 the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT HOLLAND: Call
5 the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 56.
8 ACTING PRESIDENT HOLLAND: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1402, by Senator DiCarlo, Senate Print 4049, an
12 act to amend the General Municipal Law, in
13 relation to paid leave for disaster service
14 volunteers.
15 ACTING PRESIDENT HOLLAND:
16 There's a home rule message at the desk. Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT HOLLAND: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 56.
10295
1 ACTING PRESIDENT HOLLAND: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1403, by Senator Leibell, Senate Print 4158, an
5 act to amend the General Municipal Law, in
6 relation to urban development action area
7 projects.
8 ACTING PRESIDENT HOLLAND: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT HOLLAND: Call
13 the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 56.
16 ACTING PRESIDENT HOLLAND: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1404, by Senator DeFrancisco, Senate Print
20 4225B, an act to amend the County Law, the
21 General Municipal Law and the Education Law, in
22 relation -
23 SENATOR PATERSON: Lay aside.
10296
1 ACTING PRESIDENT HOLLAND: Lay
2 the bill aside.
3 THE SECRETARY: Calendar Number
4 1405, by Senator Spano, Senate Bill Number 4398,
5 Local Finance Law, in relation to bonds and
6 notes of the city of Yonkers.
7 ACTING PRESIDENT HOLLAND: There
8 is no home rule message at the desk. Please lay
9 the bill aside.
10 THE SECRETARY: Calendar Number
11 1406, by Senator Seward, Senate Print 4884A,
12 State Administrative Procedure Act, in relation
13 to provision of non-basic telecommunications
14 services.
15 ACTING PRESIDENT HOLLAND: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT HOLLAND: Call
20 the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 56.
23 ACTING PRESIDENT HOLLAND: The
10297
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1407, by Senator Goodman, Senate Print 5222, an
4 act to amend the Tax Law, in relation to an
5 amendment of a lease by a cooperative housing
6 corporation.
7 ACTING PRESIDENT HOLLAND: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT HOLLAND: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 56.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1408, by Senator LaValle, Senate Print 5380, an
19 act in relation to creating a tax stabilization
20 reserve fund.
21 ACTING PRESIDENT HOLLAND: Read
22 the last section.
23 THE SECRETARY: Section 2. This
10298
1 act shall take effect immediately.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 56.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1409, by Senator Velella.
10 ACTING PRESIDENT HOLLAND: The
11 bill is high. Lay it aside, please.
12 SENATOR LEICHTER: Mr.
13 President.
14 SENATOR ONORATO: Mr. President.
15 ACTING PRESIDENT HOLLAND:
16 Senator Leichter.
17 SENATOR LEICHTER: Yes. May I
18 have unanimous consent to be recorded in the
19 negative on Calendar Number 1406.
20 ACTING PRESIDENT HOLLAND:
21 Without objection, Senator Leichter will be
22 recorded in the negative on Calendar 1406.
23 SENATOR ONORATO: Mr. President,
10299
1 may I have unanimous consent to be recorded in
2 the negative on Calendar Number 1207?
3 ACTING PRESIDENT HOLLAND:
4 Without objection -
5 SENATOR MENDEZ: Mr. President.
6 Mr. President.
7 ACTING PRESIDENT HOLLAND: Sorry,
8 Senator Onorato. 1207 has not passed, Calendar
9 1207 has not passed.
10 SENATOR ONORATO: Oh.
11 ACTING PRESIDENT HOLLAND:
12 Senator Mendez.
13 SENATOR MENDEZ: Mr. President,
14 may I have unanimous consent to be recorded in
15 the negative on Calendar Number 1406?
16 ACTING PRESIDENT HOLLAND:
17 Senator Mendez will be in the negative on 1406
18 without objection.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, can we go to the controversial
22 calendar.
23 ACTING PRESIDENT HOLLAND: The
10300
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1366, by Senator Hannon, Senate Print 31A, an
4 act to amend the Tax Law, in relation to the
5 sales tax imposed on club dues.
6 SENATOR PATERSON: Explanation.
7 ACTING PRESIDENT HOBLOCK:
8 Explanation, Senator Hannon.
9 SENATOR HANNON: This legislation
10 would clarify that the fees collected by home
11 owners associations are exempt from sales and
12 use taxes. This is not something that's
13 enforced now on a consistent widespread basis.
14 The Tax Department had issued an opinion saying
15 that a portion of homeowners association dues
16 allocated to the maintenance of recreation
17 facilities are taxable as membership so that
18 this is designed to correct that opinion and to
19 overturn that opinion.
20 ACTING PRESIDENT HOBLOCK:
21 Senator Paterson.
22 SENATOR PATERSON: Mr. President,
23 if Senator Hannon would yield.
10301
1 ACTING PRESIDENT HOBLOCK:
2 Senator Hannon, do you yield?
3 SENATOR HANNON: Yes.
4 SENATOR PATERSON: Senator,
5 aren't you, by enacting this law, going against
6 the spirit of the law that already exists? In
7 other words, what you're trying to accomplish is
8 exactly what the law wants you not to accomplish
9 because over and beyond a certain amount such as
10 $10, we have determined as lawmakers before that
11 this is a taxable sum of money.
12 Now, where you have fraternal
13 organizations or home management organizations
14 that -- for perhaps rental of areas and they're
15 dues paying and that kind of thing. These are,
16 you know, I don't know whether or not they
17 should be taxable but, if I was going to address
18 this problem, what I would suggest is that maybe
19 you raise the amount of money by which dues can
20 be collected before they're taxable rather than
21 picking a few areas that are suitable not to be
22 taxable and having some that are because that
23 really smacks of a certain preferential
10302
1 treatment for certain and the denial of the same
2 service for others.
3 SENATOR HANNON: I -- Senator,
4 with all due respect, I'd have to -- I don't
5 know exactly what your question would be, sir.
6 I'd like -- let me give you the rationale and
7 give you the -
8 SENATOR PATERSON: Let me give
9 you the question in one statement. Don't you
10 think you're going against the spirit of the law
11 as it exists right now?
12 SENATOR HANNON: Not only would I
13 say absolutely not. I would say the spirit of
14 this, this is -- the bill, the new part of this
15 bill deals with the homeowners associations and
16 these are -- would include a cooperative assoc
17 iation. Apartment could open and the idea of
18 the real estate development that has taken place
19 has been to offer these clubs as part and parcel
20 of either the co-op or the condo or the home
21 owners association, and the idea was it was an
22 incident of ownership of the unit and,
23 therefore, had nothing to do with the retail
10303
1 sales in any which way and, therefore, when the
2 advisory opinion of the Tax Department came
3 along, they looked at it and said, Wait a
4 minute, this is over-reaching, maybe it's
5 embraced in the law, but it certainly is not the
6 spirit, and it's not the intention and,
7 therefore, we would correct it.
8 SENATOR PATERSON: Senator, maybe
9 you're misunderstanding me. I don't think that
10 that is such a bad thing, what you're trying to
11 do. Actually, I think it's a good thing. What
12 I'm asking you is, what about other social
13 organizations and groups that are benefiting
14 from dues practices in the same way that the
15 ones you've addressed in this legislation is?
16 It's -- I don't have a problem
17 with you putting them in, I just have a problem
18 with you leaving the others out.
19 SENATOR HANNON: To the extent
20 that I know about any -- very frankly, I don't
21 know of any others that were included. I don't
22 know that we've treated anybody unequally
23 because I don't know that there's anybody out
10304
1 there. I'm certainly willing to entertain it if
2 you point us in that direction. What we have
3 tried to do is have an equal treatment and have
4 a logical treatment.
5 SENATOR PATERSON: Senator, let
6 me give you an example. What about say, for
7 instance, a neighborhood pool, everybody pays to
8 be a part of the organization that runs the
9 pool, everybody gets to use the pool. Would
10 that be tax-exempt?
11 SENATOR HANNON: To my knowledge,
12 neighborhood pools would not -- if they were
13 doing it for profit, should be taxed. If
14 they're an -- if they're an exercise
15 organization, a Jack LaLanne, they ought to be
16 taxed, but this is not where it's being run on a
17 for-profit basis.
18 SENATOR PATERSON: Well, we would
19 say -
20 SENATOR HANNON: Notice -
21 notice, and what we're doing here is, one of the
22 criteria for the exclusion is operating social
23 or athletic facilities located in such area for
10305
1 use by such owners or residents. In other
2 words, what you have to do is really be a part
3 and parcel of the organization and in our
4 discussion with the Tax Department, we said if
5 you would open it up and, therefore, be akin to
6 a Jack LaLanne, well, then you ought to get
7 taxed. That would be in the nature of a retail
8 or commercial operation. We're not excluding
9 it. What we're trying to do is exclude just for
10 the use of the owners or their guests.
11 SENATOR PATERSON: Then I thank
12 you for the explanation, Senator, because, just
13 so -
14 SENATOR HANNON: Just one other
15 thing. We say for such use whether or not
16 exclusive. Now, the point is there would have
17 to be at some point, you know, you could invite
18 your grandchildren over, your cousin or
19 something like that. That was the thought of
20 allowing incidental use, but it would be far too
21 difficult to detail all of that in statute, so
22 when there is some type of de minimus extraneous
23 use by those people who are not owners or
10306
1 residents, that would be allowable. However, to
2 the extent it would go beyond being de minimus,
3 then it would be taxable.
4 SENATOR PATERSON: Senator,
5 there's no cap to how high the fees might be
6 charged, is there?
7 SENATOR HANNON: No.
8 SENATOR PATERSON: O.K. Well, Mr.
9 President, the Senator has addressed the issues
10 that were of concern to us, and it's good to
11 have on record that the Senator has expressed
12 that these were all of the sort of private
13 organizations that he could think of, but if
14 this issue were to come up because after his
15 explanation I can't think of any more, so I
16 would say that Senator Hannon is correct, if
17 there were some that I'm not thinking of that
18 arise in the future, hopefully this discussion
19 will shed light on the fact that they will be
20 included as well.
21 SENATOR HANNON: I just say I
22 think your points are well taken, Senator, and
23 glad you asked those questions.
10307
1 ACTING PRESIDENT HOBLOCK:
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first day of the
5 quarterly sales tax period.
6 ACTING PRESIDENT HOBLOCK: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 56.
10 ACTING PRESIDENT HOBLOCK: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1387, by Senator Holland, Senate Print Number
14 467, an act to amend the Social Services Law, in
15 relation to including portable X-ray services.
16 SENATOR PATERSON: Explanation.
17 ACTING PRESIDENT HOBLOCK:
18 Senator Holland, an explanation has been asked
19 for.
20 SENATOR HOLLAND: Yes, Mr.
21 President, this bill allows for portable X-ray
22 services to be directly reimbursed by Medicaid.
23 It will improve care for those who are least
10308
1 able to be transported to an X-ray facility and
2 decrease costs associated with transportation.
3 SENATOR PATERSON: Senator
4 Holland, the City, the mayor is objecting to
5 this because he feels it will increase the
6 City's costs. I don't know whether it does or
7 it doesn't. I'm asking you if you know.
8 SENATOR HOLLAND: I wouldn't
9 think so, Senator. It will make it much easier
10 on the clients. It will reduce the cost of
11 transportation. It will save Medicaid money on
12 the cost of transportation and should lower the
13 rates available for portable X-rays, and they
14 can go to one facility and X-ray a number of
15 people at that facility at the same time.
16 Did he tell you why he was -- he
17 thought it would increase costs?
18 SENATOR PATERSON: Who, the
19 mayor?
20 SENATOR HOLLAND: Yes.
21 SENATOR PATERSON: He just
22 thought patients, but I think you've addressed
23 the issue, Senator, and actually, last year the
10309
1 Governor vetoed it for some reason because he
2 thought it would lead to more fraud, but I don't
3 see how that could be the case, do you?
4 SENATOR HOLLAND: Well, sir, in
5 fact, Medicaid requires an attending physician
6 to specify the area of the need for the patient,
7 the area exposed and the number of radiographs
8 to be obtained. I don't believe so, sir.
9 Certainly, we'll watch that for
10 fraud and abuse.
11 SENATOR PATERSON: Well, in that
12 case, sir, I think we can pass this bill
13 immediately. I don't think we need to read the
14 last section. Just pass the bill.
15 SENATOR HOLLAND: Thank you very
16 much.
17 ACTING PRESIDENT HOBLOCK:
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT HOBLOCK: Call
22 the roll.
23 (The Secretary called the roll. )
10310
1 THE SECRETARY: Ayes 56.
2 ACTING PRESIDENT HOBLOCK: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1398, by Senator Johnson, Senate Print 3560, an
6 act to amend the General Obligations Law, in
7 relation to liability of landowners.
8 SENATOR PATERSON: Explanation.
9 ACTING PRESIDENT HOBLOCK: An
10 explanation has been asked for.
11 Senator Johnson. Senator
12 Skelos?
13 SENATOR SKELOS: While we're
14 waiting for Senator Johnson to come back in the
15 chambers, all right, could you call up Senator
16 DeFrancisco's bill, Calendar Number 1404,
17 please.
18 ACTING PRESIDENT HOBLOCK:
19 Secretary will read 1404.
20 THE SECRETARY: Calendar Number
21 1404, by Senator DeFrancisco, Senate Print
22 Number 4225B, an act to amend the County Law,
23 the General Municipal Law and the Education Law,
10311
1 in relation to the appointment as private
2 college security officers.
3 SENATOR ONORATO: Explanation.
4 ACTING PRESIDENT HOBLOCK:
5 Explanation is asked for. Senator DeFrancisco.
6 SENATOR DeFRANCISCO: This bill
7 was prepared at the request of Syracuse
8 University. Substantial concern, as with other
9 universities, where the security officers that
10 are on the campuses have no authority other than
11 simply the authority to make a citizen's
12 arrest.
13 Several weeks ago, we passed a
14 bill which basically stated that we wanted
15 universities to report crime statistics and,
16 quite frankly, we can report all we want if
17 those security officers that are on the campuses
18 don't have some authority to arrest other than a
19 citizen's arrest, merely reporting them isn't
20 going to do any good.
21 What this bill would do is that
22 it would -- it would allow for either a -
23 the sheriff or the chief of police in the
10312
1 jurisdiction where the university is, to appoint
2 officers that would be security officers at the
3 university, but be paid by the university and
4 the university -- the officers would, instead of
5 just having citizen's arrest authority, they
6 would have arrest to -- the power to arrest
7 based upon probable cause.
8 Lastly, this could not take place
9 unless the jurisdiction itself is -- would pass
10 legislation that would allow this to happen, so
11 the locality would have to make that
12 determination whether to put this into effect.
13 It gives them the authority.
14 SENATOR PATERSON: Well, Senator,
15 you've put in some good measures to protect the
16 locality. Senator Mendez likes your bill as she
17 passes by, but I have a couple of questions if
18 you wouldn't mind yielding.
19 SENATOR DeFRANCISCO: Sure.
20 ACTING PRESIDENT HOBLOCK:
21 Senator DeFrancisco, do you yield?
22 SENATOR DeFRANCISCO: Yes, I do.
23 SENATOR PATERSON: Senator, when
10313
1 we start with security guards with batons and
2 allowing them to carry made, mace may inevitably
3 be a nominal issue because we may just wind up
4 passing legislation to allow citizens to carry
5 mace but, when we do allow that where we stand
6 right now, without any training, without any
7 real understanding of what law enforcement
8 capability is and duty and responsibility, do
9 you think that we are in a sense giving these
10 private security guards any power that may be
11 corruptible in the sense that it may lead to the
12 uses of excessive force in situations for which
13 there is no merit?
14 SENATOR DeFRANCISCO: Senator,
15 first of all, we were very careful not to
16 include the carrying of weapons as part of this
17 bill, and merely a baton and mace. It seems
18 that if we're going to give these officers,
19 security officers, the authority to arrest and
20 in some cases it's a violent type crime -- as we
21 know, there are rapes on college campuses and
22 barring assaults on college campuses, it would
23 be, I think, unfair to not equip them with
10314
1 something to defend themselves and allow them to
2 arrest on probable cause, so I think a balance
3 has been struck to, I think, alleviate most of
4 the concerns that you might have because they
5 would not be allowed to carry a weapon other
6 than a baton and mace and if there was abuse on
7 behalf of an officer, whether it be liability
8 like in any other case of excessive force being
9 used.
10 SENATOR PATERSON: Senator, I am
11 concerned that we are not privatizing our police
12 in some respects, and even the police are con
13 cerned about citizens who get hired privately
14 doing this kind of work getting carried away, so
15 to speak, particularly in the cases of college
16 security, often many of them are younger people
17 who are working in those capacities as well.
18 I notice that the Sheriffs
19 Association was opposed to your "A" print of
20 this particular legislation even though I will
21 concede that you did not allow them to carry
22 weapons, and that you're trying to strike a
23 balance. Now, you have a "B" print of the
10315
1 bill. That's the one that's before us as we
2 speak.
3 How has the Sheriffs Association
4 responded to that bill?
5 SENATOR DeFRANCISCO: They
6 haven't, but I would assume that the statewide
7 Sheriffs Association would be opposed. I think
8 it's clearly an issue of the fact that there
9 will be a private university hiring their own
10 security guards rather than someone who might be
11 a member of their association.
12 I did, however, take great pains
13 to work with our local department, the Onondaga
14 County Sheriffs Department and their association
15 has con... has agreed with this bill and has not
16 filed any objection to it, and I think the
17 reaction of the statewide Sheriffs Association
18 is a logical one from their perspective, but the
19 fact of the matter is, with municipalities with
20 financial problems, towns, villages, cities and
21 counties, are unable to hire enough police to -
22 to deal with college campuses, and that's why
23 college campuses have hired security guards and
10316
1 we're just trying to give them some ability to
2 stop a crime in progress or arrest somebody on
3 probable cause and a minimal amount of equipment
4 to protect themselves.
5 SENATOR PATERSON: And the
6 budget.
7 Mr. President, rarely does the
8 sponsor of legislation admit that by conjecture
9 he or she would assume that an organization is
10 opposed, so I really want to commend Senator
11 DeFrancisco. I think he's very honest on that
12 particular point.
13 I would want to make you aware
14 though, Senator, I'm not a member of the
15 Sheriffs Association. I feel I have a
16 substantive reason for wanting to criticize this
17 piece of legislation, and I think that many of
18 their members probably feel the same way. I
19 think of it might be a little more than just the
20 fact that they aren't actually getting the
21 jobs.
22 I understand the -- the situation
23 that you're trying to address, and the often
10317
1 increased violence on our campuses today. What
2 I'm just saying is that to arm this personnel in
3 a way that I think could actually cause more
4 violence or excessive violence is something that
5 has to be scrutinized as strictly as possible,
6 and if the individuals who are taking these jobs
7 are not often pre-screened in situations that
8 become volatile, they can get as carried away as
9 some of the individuals who are in the
10 situation. They don't have the same training
11 that our police and other law enforcement
12 personnel have, and I think that those
13 situations just as much as the private security
14 guards sometimes don't act when they should out
15 of anxiety created by these situations,
16 sometimes they over-react.
17 All of this is attributed not to
18 a defect in their character, but really what is
19 really a lesser amount of training and full
20 understanding of the actual situation.
21 And so, on the bill, Mr.
22 President, I would -- wouldn't be able to vote
23 for this bill because I just think that it is,
10318
1 as the statewide Sheriffs Association says, in
2 many respects, privatizing a law enforcement
3 capacity that should generally be administered
4 through the public.
5 ACTING PRESIDENT HOBLOCK:
6 Senator Oppenheimer.
7 SENATOR OPPENHEIMER: Thank you,
8 Mr. President. We have done a considerable
9 amount of work, oh, about two or three years
10 ago, concerning security on college campuses,
11 and I think this bill is worthy of support.
12 I would commend to you a bill I
13 have which says that the SUNY peace officers
14 ought to have some very specific training in
15 sexual abuse cases, and we have a bill in that
16 recommends 12 hours of training in this, because
17 this is, perhaps, the most common -- it is the
18 most common violent crime on college campuses,
19 and there should be further training.
20 I think it's warranted because of
21 the nature of sex offenses and the way one has
22 to respond -- you know, the degree of
23 sensitivity and appropriateness to the victim
10319
1 and, because of the unusual nature of that
2 crime, we feel there should be additional
3 training. I think now, in the training for
4 security guards, I think it's three hours. We
5 believe it should be brought up to 12 in light
6 of the peculiar nature of this offense, in that,
7 it is such a common -- unfortunately, such a
8 common crime on campuses.
9 So I commend that to you, but I
10 support your bill.
11 ACTING PRESIDENT HOBLOCK:
12 Senator DeFrancisco.
13 SENATOR DeFRANCISCO: Two
14 points. As I mentioned before, there is a
15 provision in the bill that would require the
16 university to indemnify the sheriff's department
17 or the city police in case of any time that they
18 might be involved in a suit because of excessive
19 force or improper activities.
20 And, directly to Senator
21 Paterson's point, there is a section in the bill
22 which I neglected to mention that requires that
23 the individuals who are these security guards be
10320
1 registered pursuant to the Security Guard Act,
2 which is part of the General Business Law, and
3 complete a training program with special
4 emphasis on the proper use of a baton and
5 noxious materials approved by the Municipal
6 Police Training Council or similar agency.
7 There's also provision for
8 character and background checks which are in the
9 best interest, obviously, of the universities
10 since they, most likely, would not want to be
11 sued for having an incompetent individual in
12 these positions.
13 ACTING PRESIDENT HOBLOCK:
14 Secretary will read the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT HOBLOCK: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Those recorded in
21 the negative on Calendar 1404 are Senators
22 Connor, Paterson and Wright. Ayes 54, nays 3.
23 ACTING PRESIDENT HOBLOCK: The
10321
1 bill is passed.
2 SENATOR HOFFMANN: Mr. President.
3 ACTING PRESIDENT HOBLOCK:
4 Senator Hoffmann.
5 SENATOR HOFFMANN: I would
6 request unanimous consent to be recorded in the
7 negative on Calendar 748, passed earlier today.
8 ACTING PRESIDENT HOBLOCK: Unless
9 there's objection, Senator Hoffmann will be
10 recorded in the negative on Calendar 1748 -
11 748, I'm sorry.
12 Senator Skelos.
13 SENATOR SKELOS: I believe there
14 has been a home rule message received on
15 Calendar Number 1405, by Senator Spano. Would
16 you call the bill at this time.
17 ACTING PRESIDENT HOBLOCK:
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 1405, by Senator Spano, Senate Print 4398, an
21 act to amend the Local Finance Law, in relation
22 to bonds and notes of the city of Yonkers.
23 ACTING PRESIDENT HOBLOCK: There
10322
1 is a home rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT HOBLOCK: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 57.
9 ACTING PRESIDENT HOBLOCK: The
10 bill is passed.
11 Senator Skelos.
12 SENATOR SKELOS: May we stand at
13 ease for one moment.
14 (There was a pause in the
15 proceedings.)
16 SENATOR SKELOS: Shortly, there
17 will be a supplemental live calendar coming out
18 to the original calendar, the yellow calendar
19 that's on our desk, so if they want to see
20 what's coming up, they should come in the
21 chambers as soon as possible.
22 At this time, we will take up
23 Calendar 1398, by Senator Johnson.
10323
1 SENATOR PATERSON: Explanation.
2 ACTING PRESIDENT HOBLOCK: The
3 Secretary will read Calendar 1398.
4 THE SECRETARY: Calendar Number
5 1398, by Senator Johnson, Senate Print 3560, an
6 act to amend the General Obligations Law, in
7 relation to liability of landowners.
8 SENATOR JOHNSON: Mr. President,
9 this bill amends Paragraph (b), Subdivision 2,
10 Section 9.103 of the General Obligations Law, by
11 adding consideration for hunting and fishing at
12 an amount less than the property taxes paid on
13 the property.
14 Mr. President, what this bill is
15 intended to do is open up more lands for hunting
16 and fishing. In 1980, we had 58,000 people take
17 the hunting safety course. In 1994, the number
18 was only 28,000. There are fewer licenses being
19 sold, and the revenues which support wildlife
20 restoration and other things, these monies come
21 from hunting and fishing licenses.
22 One of the main problems in
23 diminishing hunting and fishing in New York
10324
1 State is the lack of access. What we're trying
2 to do with this bill is to say to a person, you
3 can have general protection against lawsuits the
4 same as enjoyed for people now using your
5 property for skiing, horseback riding, or
6 whatever, if you lease this land out or let
7 people come in by the day for a fee for hunting
8 or fishing. As long as you do not earn any more
9 money than the amount of taxes on your property,
10 you can still have the protection afforded by
11 Section 9.103.
12 ACTING PRESIDENT HOBLOCK:
13 Senator Paterson.
14 SENATOR PATERSON: Thank you very
15 much, Mr. President.
16 If Senator Johnson will be
17 gracious enough to yield for a couple of
18 questions.
19 ACTING PRESIDENT HOBLOCK:
20 Senator Johnson, do you yield?
21 SENATOR JOHNSON: Yes.
22 ACTING PRESIDENT HOBLOCK:
23 Senator yields.
10325
1 SENATOR PATERSON: Thank you,
2 Senator. These situations come up, I assume, on
3 a case-by-case basis. In other words, there
4 could be a number of individuals who are coming
5 onto someone's property to hunt and fish, and as
6 long as all of them individually are paying less
7 than the owner pays in property taxes, they can
8 use the property; is that not correct?
9 SENATOR JOHNSON: Well, the way I
10 understand the bill, you can not take in any
11 more than your taxes. For example, if your
12 taxes were $1,000 a year, you couldn't take in
13 more than $1,000 in any calendar year for
14 letting persons use this or for leasing the
15 property.
16 SENATOR PATERSON: So it's the
17 total collective -
18 SENATOR JOHNSON: Revenue.
19 SENATOR PATERSON: -- amount?
20 SENATOR JOHNSON: That's correct,
21 Senator.
22 SENATOR PATERSON: Senator, that
23 still would allow -- in other words, would you
10326
1 explain to me, if you would yield for a
2 question, what the amount is; in other words,
3 what the relationship is between the amount of
4 money that's collected and the property tax
5 itself? In other words, if you want to allow
6 people to hunt and fish on a person's land and
7 you want the person to be tax exempt, why did
8 the amount of money that they paid to the owner
9 make a particular difference?
10 SENATOR JOHNSON: Senator, you
11 said something about tax exempt? This has
12 nothing to do with any tax exemptions. What
13 this is to do, Senator, many people own land
14 now -
15 SENATOR PATERSON: I'm sorry,
16 Senator. I may have said tax exempt. I just
17 meant exempted from liability. I'm sorry.
18 SENATOR JOHNSON: Oh, okay. Many
19 persons, downstate, Jersey, other states, own
20 land in upstate New York, good hunting land.
21 They don't usually let people on that land.
22 They post those lands. Many of them don't even
23 use the land which is posted, but it's not
10327
1 accessible for the general public to go hunting;
2 and a lot of the wildlife programs, conservation
3 programs, are supported by revenues from hunting
4 and fishing license fees.
5 What this is intended to do is
6 encourage a person who owns land upstate, by
7 providing a small financial incentive, no
8 profit, he is not going into business really,
9 just letting him recoup up to the amount of his
10 taxes so he makes his land available to hunters
11 and fishermen.
12 SENATOR PATERSON: Senator, my
13 fear is that we are creating a situation where
14 we are disaffecting duty. What we are really
15 doing is abrogating responsibility to the user
16 where the owner may not really even reside on
17 the premises. It might be some land that they
18 just own, and they just might collect a little
19 money to let people go to hunt and fish on the
20 actual land, but there is no upkeep. There may
21 be hazards on the land. There may be dangerous
22 situations that an individual might meet up with
23 by coming on the land and by, in a sense,
10328
1 shielding them from liability, if some accident
2 would occur, what is the -- and I guess you know
3 the question I'm going to ask you -- what is
4 going to be the circumstance that will be faced
5 by the victim of some sort of accident?
6 SENATOR JOHNSON: Senator, I used
7 the example of a downstate person owning
8 property, but, of course, a lot of these
9 properties are owned by upstate people who
10 reside on these properties, so they will not
11 always be unsupervised. They may be in many
12 cases.
13 But we're only amending Section
14 2(b), but we do not limit the liability which
15 would otherwise exist for willful or malicious
16 failure to guard or warn against a dangerous
17 condition, structure, use or activity, et
18 cetera, or acts by a person whose permission was
19 granted to other persons, et cetera, et cetera.
20 They still would have the normal duty to warn of
21 dangers, and so forth, which might exist.
22 So I think we're really limiting
23 in a very strict way what takes place here and,
10329
1 of course, the landowner will have the present
2 liability which he retains in every other
3 respect.
4 SENATOR PATERSON: Thank you very
5 much, Senator.
6 Mr. President, on the bill.
7 ACTING PRESIDENT HOBLOCK:
8 Senator Paterson, on the bill.
9 SENATOR PATERSON: Originally,
10 there was some confusion in the bill as to
11 whether or not there was an amount of money that
12 might exceed the money paid in property taxes.
13 Senator Johnson certainly cleared that up by
14 letting it be known that it could not exceed the
15 amount of money, even if it was from a number of
16 donors, that the landowner pays in taxes.
17 What still concerns us is the
18 issue of individuals being possibly harmed on
19 property that doesn't have any upkeep because
20 there is no real pressure on the landlord.
21 Senator Johnson's response is that really it
22 only relates to certain parts of the actual
23 procedure and that, actually, there still are
10330
1 protections for an individual who is injured on
2 someone else's property.
3 We just feel that that's an area
4 of law that really should not be touched.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 55, nays 2.
13 Senators Connor and Paterson recorded in the
14 negative.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 Senator Wright, we have some
18 housekeeping matters, if you would like to take
19 care of those now.
20 SENATOR WRIGHT: If you would,
21 Mr. President. Please proceed with the
22 housekeeping and recognize Senator Libous.
23 ACTING PRESIDENT MAZIARZ:
10331
1 Senator Libous.
2 SENATOR LIBOUS: Thank you, Mr.
3 President. On behalf of Senator Goodman, on
4 page 5, I offer the following amendments to
5 Calendar Number 163, Senate Print Number 1746,
6 and ask that the said bill retain its place on
7 the Third Reading Calendar.
8 ACTING PRESIDENT MAZIARZ:
9 Amendments received and adopted.
10 There is a substitution at the
11 desk, Senator Wright.
12 SENATOR WRIGHT: Please make the
13 substitution.
14 ACTING PRESIDENT MAZIARZ:
15 Secretary will read.
16 THE SECRETARY: Senator Holland
17 moves to discharge from the Committee on Rules
18 Assembly Bill Number 8042 and substitute it for
19 the identical Calendar Number 1352.
20 ACTING PRESIDENT MAZIARZ:
21 Substitution ordered.
22 Senator Wright.
23 (Whereupon, there was a pause in
10332
1 the proceedings.)
2 SENATOR WRIGHT: Mr. President.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Wright.
5 SENATOR WRIGHT: While we
6 appreciate the efficiency being demonstrated by
7 the presiding officer, we are extending a brief
8 courtesy to the Minority Leader, who is
9 reviewing the supplemental calendar,
10 supplemental active list of Thursday, June 15.
11 We encourage the other members to also review
12 that active list, and we will soon be taking
13 that up and proceeding, and we appreciate the
14 indulgence of the chair.
15 Thank you, Mr. President.
16 (There was a pause in the
17 proceedings.)
18 ACTING PRESIDENT MAZIARZ:
19 Senator Wright.
20 SENATOR WRIGHT: Mr. President.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Wright.
23 SENATOR WRIGHT: Would you
10333
1 recognize Senator Solomon for the purpose of
2 voting.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Solomon.
5 SENATOR SOLOMON: Thank you, Mr.
6 President. I would like unanimous consent to be
7 recorded in the negative on Calendar 1398.
8 ACTING PRESIDENT MAZIARZ:
9 Without objection, so ordered.
10 SENATOR SOLOMON: Thank you, Mr.
11 President.
12 SENATOR MAZIARZ: Senator Wright.
13 SENATOR WRIGHT: Mr. President,
14 if we could return to the original active list
15 and call up Calendar Number 1238.
16 ACTING PRESIDENT MAZIARZ:
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1238, by Senator Sears, Senate Print 4903B, an
20 act to amend the General Business Law, in
21 relation to itinerant vendors.
22 SENATOR WRIGHT: Mr. President,
23 is there a message of necessity at the desk?
10334
1 ACTING PRESIDENT MAZIARZ: Yes,
2 there is, Senator Wright.
3 SENATOR WRIGHT: I move we accept
4 the message.
5 ACTING PRESIDENT MAZIARZ: All
6 those in favor.
7 (Response of "Aye.")
8 Opposed.
9 (Response of "Nay.")
10 The message is accepted.
11 Senator Paterson.
12 SENATOR PATERSON: Mr.
13 President. I don't need an explanation on this
14 bill. Senator Sears provided one on Monday, and
15 I asked him a couple of questions about the bill
16 not really -- serving unequally to all of the
17 vendors, and that correction has been made, and
18 the bill is quite fine, and we'd like to thank
19 Senator Sears for listening and for responding,
20 and the bill, we feel, is improved and should
21 serve everyone equally.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
10335
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 180th day.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 Senator Wright.
10 SENATOR WRIGHT: If you will give
11 us a minute, Mr. President, we're waiting for a
12 sponsor to return to the floor.
13 ACTING PRESIDENT MAZIARZ:
14 Surely, Senator.
15 SENATOR WRIGHT: Mr. President.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Wright.
18 SENATOR WRIGHT: If we could
19 again return to the initial active list, and I
20 request that you call up Calendar 1221.
21 ACTING PRESIDENT MAZIARZ:
22 Secretary will read.
23 THE SECRETARY: Calendar Number
10336
1 1221, by Senator Goodman, Senate Print 4688C, an
2 act to amend the Vehicle and Traffic Law, in
3 relation to unlicensed and fraudulent operators.
4 SENATOR WRIGHT: Mr. President,
5 is there a message of necessity at the desk?
6 ACTING PRESIDENT MAZIARZ: There
7 is a message at the desk.
8 SENATOR WRIGHT: I move we accept
9 the message.
10 ACTING PRESIDENT MAZIARZ: All
11 those in favor of accepting the message.
12 (Response of "Aye.")
13 Opposed.
14 (There was no response.)
15 The message is accepted.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 58.
23 ACTING PRESIDENT MAZIARZ: The
10337
1 bill is passed.
2 Senator Wright.
3 SENATOR WRIGHT: Mr. President,
4 we will now move to the supplemental active
5 list. We will begin the noncontroversial
6 calendar, please.
7 ACTING PRESIDENT MAZIARZ:
8 Secretary will read, please.
9 THE SECRETARY: On page 15,
10 Calendar Number 720, by Senator Holland, Senate
11 Print 206, an act to amend the Public Health
12 Law, in relation to notification to local social
13 services departments.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 120th day.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 58.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
10338
1 THE SECRETARY: Calendar Number
2 732, by Senator DiCarlo, Senate Print 3362, an
3 act to amend the Vehicle and Traffic Law and the
4 Criminal Procedure Law, in relation to driving
5 while under the influence of alcohol or drugs.
6 ACTING PRESIDENT MAZIARZ: Read
7 the last section.
8 THE SECRETARY: Section 27. This
9 act shall take effect on the first day of
10 November.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 58.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 737, by Senator Stachowski, Senate Print 1671A,
19 an act to amend the General Municipal Law, in
20 relation to authorizing the establishment of a
21 Bureau of Administrative Adjudication.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
10339
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 58.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 746, by Senator Padavan, Senate Print 4185A, an
11 act to amend the Real property Tax Law, in
12 relation to tax exemption.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Wright.
15 SENATOR WRIGHT: Mr. President,
16 is there a message at the desk?
17 ACTING PRESIDENT MAZIARZ: Yes,
18 there is a message from the Governor.
19 SENATOR WRIGHT: Move we accept
20 the message of necessity.
21 ACTING PRESIDENT MAZIARZ: All
22 those in favor of accepting the message of
23 necessity.
10340
1 (Response of "Aye.")
2 Opposed.
3 (There was no response.)
4 The message is accepted.
5 Read the last section.
6 THE SECRETARY: Section 26. This
7 act shall take effect July 1.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed. Oh, I'm sorry.
13 Senator Kuhl.
14 (There was no response.)
15 THE SECRETARY: Ayes 57, nays 1.
16 ACTING PRESIDENT MAZIARZ:
17 Results.
18 THE SECRETARY: Ayes 58.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 751, by Senator Skelos, Senate Print 1243B, an
23 act to amend the General Business Law and the
10341
1 Education Law, in relation to the registration
2 of hearing aid dispensers.
3 Senator Wright.
4 SENATOR WRIGHT: Mr. President,
5 is there a message of necessity at the desk?
6 ACTING PRESIDENT MAZIARZ: Yes,
7 there is.
8 SENATOR WRIGHT: I move we accept
9 the message.
10 ACTING PRESIDENT MAZIARZ: All
11 those in favor of accepting the message, signify
12 by saying aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response.)
16 The message is accepted.
17 Read the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect January 1.
20 SENATOR ABATE: Explanation.
21 ACTING PRESIDENT MAZIARZ: Lay
22 the bill aside.
23 THE SECRETARY: Calendar Number
10342
1 752, by Senator Sears, Senate Print 1536A, an
2 act to amend the General Business Law, in
3 relation to materialmen.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect in 90 days.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 58.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 771, by Senator Lack, Senate Print 4427A, an act
16 to amend the Judiciary Law and the Uniform City
17 Court Act, in relation to City Court judges.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect April 1.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
10343
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 57, nays 1.
3 Senator Seward recorded in the negative.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 852, by Senator Padavan, Senate Print 2238A, an
8 act to amend the Vehicle and Traffic Law, in
9 relation to driver education.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT MAZIARZ: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT MAZIARZ: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 858, by Senator Goodman, Senate Print 3466B, an
22 act to amend the Transportation Law, in relation
23 to disclosure by common carriers.
10344
1 ACTING PRESIDENT MAZIARZ: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 120th day.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 58, nays 1.
9 Senator Kuhl recorded in the negative, also
10 Senator Larkin.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 859, by Senator Goodman, Senate Print 3498A, an
15 act to amend the Transportation Law, in relation
16 to estimates of transportation charges.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Wright.
19 SENATOR WRIGHT: Mr. President,
20 if you would proceed with 859, and then please
21 recognize me.
22 ACTING PRESIDENT MAZIARZ:
23 Proceed. Read the last section.
10345
1 THE SECRETARY: Section 2. This
2 act shall take effect on the 120th day.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes -
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 Senator Wright.
10 SENATOR WRIGHT: Mr. President,
11 could we return to 751 on the Calendar.
12 ACTING PRESIDENT MAZIARZ: Could
13 you just hold on for one second, Senator
14 Wright?
15 Thank you.
16 Results.
17 THE SECRETARY: Ayes 58, nays 1.
18 Senator Kuhl recorded in the negative.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Wright.
21 SENATOR WRIGHT: Thank you, Mr.
22 President.
23 ACTING PRESIDENT MAZIARZ: The
10346
1 bill is passed.
2 Senator Wright.
3 SENATOR WRIGHT: Are you ready?
4 (Laughter.)
5 ACTING PRESIDENT MAZIARZ: Did
6 you get Senator Larkin's negative vote? I would
7 never hear the end of it. Thank you.
8 SENATOR WRIGHT: Thank you, Mr.
9 President.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Wright.
12 SENATOR WRIGHT: Can we return to
13 Calendar Number 751.
14 ACTING PRESIDENT MAZIARZ:
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 751, by Senator Skelos, Senate Print 1243B, an
18 act to amend the General Business Law and the
19 Education Law, in relation to the registration
20 of hearing aid dispensers.
21 ACTING PRESIDENT MAZIARZ: I just
22 want to point out that the message was
23 previously accepted on this bill.
10347
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect January 1.
4 ACTING PRESIDENT MAZIARZ: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 58, nays 1,
8 Senator Maziarz recorded in the negative.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 Senator Wright.
12 SENATOR WRIGHT: If you will
13 continue with the reading of the
14 noncontroversial calendar on the supplemental
15 active list.
16 THE SECRETARY: Calendar Number
17 861, by Senator Spano, Senate Print 3975D, an
18 act to amend the Public Authorities Law, in
19 relation to the cost of station operation.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Wright.
22 SENATOR WRIGHT: Is there a
23 message of necessity at the desk?
10348
1 ACTING PRESIDENT MAZIARZ: Yes,
2 there is.
3 SENATOR WRIGHT: I would move we
4 accept the message.
5 ACTING PRESIDENT MAZIARZ: All
6 those in favor of accepting the message of
7 necessity.
8 (Response of "Aye.")
9 Opposed.
10 (There was no response.)
11 The message is accepted.
12 Secretary will read.
13 SENATOR PATERSON: Explanation.
14 ACTING PRESIDENT MAZIARZ: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 876, by Senator Levy, Senate Print 4986C, an act
18 to amend the Public Authorities Law, in relation
19 to the cost of station operation.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Wright.
22 SENATOR WRIGHT: Mr. President,
23 is there a message of necessity at the desk?
10349
1 ACTING PRESIDENT MAZIARZ: Yes,
2 there is a message of necessity.
3 SENATOR WRIGHT: I would move we
4 accept the message.
5 ACTING PRESIDENT MAZIARZ: All
6 those in favor of accepting the message of
7 necessity.
8 (Response of "Aye.")
9 Opposed.
10 (There was no response.)
11 The message is accepted.
12 ACTING PRESIDENT MAZIARZ: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MAZIARZ: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 885, by Senator Goodman, Senate Print 3455A, an
10350
1 act to amend the Tax Law, in relation to
2 extending Section 1142-A of such law.
3 ACTING PRESIDENT MAZIARZ: Read
4 the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MAZIARZ: Call
8 the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 919, by Senator Stafford, Senate Print 2396A, an
15 act to amend the Tax Law, the Vehicle and
16 Traffic Law, and the State Finance Law, in
17 relation to the creation of the United States
18 Olympic Committee.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
10351
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 925.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is high. Lay it aside.
10 THE SECRETARY: Calendar Number
11 957.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is high. Lay it aside.
14 THE SECRETARY: Calendar Number
15 959.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is high. Lay it aside.
18 THE SECRETARY: Calendar Number
19 993, by Senator Leibell, Senate Print 5009.
20 ACTING PRESIDENT MAZIARZ: Lay
21 the bill aside.
22 THE SECRETARY: Calendar Number
23 1027, by Senator Sears, Senate Print 3331A, an
10352
1 act in relation to authorizing the town of Lee,
2 county of Oneida, to lease certain park lands.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Wright.
5 SENATOR WRIGHT: Mr. President,
6 is there a message of necessity at the desk?
7 ACTING PRESIDENT MAZIARZ: There
8 is a message of necessity at the desk.
9 SENATOR WRIGHT: I would move the
10 acceptance of the message.
11 ACTING PRESIDENT MAZIARZ: All
12 those in favor of accepting the message of
13 necessity.
14 (Response of "Aye.")
15 Opposed.
16 (There was no response.)
17 The message is accepted.
18 We also have a home rule message
19 at the desk for Calendar 1027.
20 Read the last section, please.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MAZIARZ: Call
10353
1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT MAZIARZ: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1051, by Senator Goodman, Senate Print 917A, an
8 act to amend the Civil Rights Law, in relation
9 to prohibiting the use of nonconsensual use of a
10 person's voice.
11 ACTING PRESIDENT MAZIARZ: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first day of
15 November.
16 ACTING PRESIDENT MAZIARZ: Call
17 the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1141, by Senator Farley, Senate Print 5120A, an
10354
1 act to amend the Banking Law, in relation to
2 establishing limitations for the percentage of
3 savings bank's assets.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 30th day.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 59.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1151, by Senator Spano, Senate Print 1701A.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Wright.
18 SENATOR WRIGHT: Mr. President,
19 is there a message of necessity at the desk?
20 ACTING PRESIDENT MAZIARZ: Yes,
21 there is a message of necessity at the desk.
22 SENATOR WRIGHT: I move we accept
23 the message.
10355
1 ACTING PRESIDENT MAZIARZ: All
2 those in favor of accepting the message.
3 (Response of "Aye.")
4 Opposed.
5 (There was no response.)
6 The message is accepted.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAZIARZ: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 59.
14 ACTING PRESIDENT MAZIARZ: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1173, by Senator Cook, Senate Print 5164A, an
18 act in relation to authorizing the town of
19 Greenville, Orange County, to sell and convey
20 certain park land.
21 ACTING PRESIDENT MAZIARZ: There
22 is a home rule message at the desk.
23 Read the last section.
10356
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 59.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1189, by Senator Solomon, Senate Print 2854A, an
11 act to amend the Civil Practice Law and Rules,
12 in relation to fees for referees.
13 ACTING PRESIDENT MAZIARZ: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAZIARZ: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 59.
21 ACTING PRESIDENT MAZIARZ: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
10357
1 1328, by Senator Sears, Senate Print 3839A, an
2 act to amend the General Business Law, in
3 relation to false price comparisons.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the 30th day.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 59.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1329, by Senator Rath, Senate Print 3905A, an
16 act to amend the State Administrative Procedure
17 Act and Chapter 402 of the Laws of 1994.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
10358
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT MAZIARZ: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 1334, by Senator Johnson.
7 SENATOR PATERSON: Lay it aside.
8 ACTING PRESIDENT MAZIARZ: Lay
9 the bill aside.
10 THE SECRETARY: Calendar Number
11 1337, by Senator Farley, Senate Print 4932A, an
12 act to amend the Executive Law, in relation to
13 the restoration and display of New York State's
14 military battle flags.
15 ACTING PRESIDENT MAZIARZ: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT MAZIARZ: The
10359
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1344, by Senator Maltese, Senate Print 5302, an
4 act to amend the General Procedure Law, in
5 relation to jury consideration of lesser
6 included offenses.
7 ACTING PRESIDENT MAZIARZ: Lay
8 the bill aside.
9 THE SECRETARY: Calendar Number
10 1345, by Senator Levy, Senate Print 5326, an act
11 to amend the Vehicle and Traffic Law, in
12 relation to authorizing the Department of Motor
13 Vehicles to sell to the highest bidder.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 59.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
10360
1 THE SECRETARY: Calendar Number
2 1346, by Senator Leibell, Senate Print 5329, an
3 act to amend the Private Housing Finance Law, in
4 relation to the state's involvement.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 59.
13 ACTING PRESIDENT MAZIARZ: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1347, by the Senate Committee on Rules, Senate
17 Print 5333, an act to amend the Tax Law, in
18 relation to extending the effectiveness of
19 provisions.
20 ACTING PRESIDENT MAZIARZ: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
10361
1 ACTING PRESIDENT MAZIARZ: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 59.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1348, by Senator Marchi, Senate Print 5343, an
9 act to amend the Navigation Law, in relation to
10 pilotage fees.
11 ACTING PRESIDENT MAZIARZ: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1350, by Senator Johnson, Senate Print 5357.
23 SENATOR PATERSON: Lay it aside.
10362
1 ACTING PRESIDENT MAZIARZ: The
2 bill is laid aside.
3 THE SECRETARY: Calendar Number
4 1352, substituted earlier today, by the Assembly
5 Committee on Rules, Assembly Print 8042, an act
6 to amend the Social Services Law, in relation to
7 the pass-through of federal cost of living
8 adjustments.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect December 31.
13 ACTING PRESIDENT MAZIARZ: Call
14 the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT MAZIARZ: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1376, substituted earlier today, by the Assembly
21 Committee on Rules, Assembly Print 7667, an act
22 to amend Chapter 420 of the Laws of 1991,
23 amending the Real Property Law.
10363
1 ACTING PRESIDENT MAZIARZ: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 59.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1377, by Senator Larkin, Senate Print 5361, an
13 act to amend the Real Property Tax Law, in
14 relation to making technical and clarifying
15 amendments thereto.
16 ACTING PRESIDENT MAZIARZ: Read
17 the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAZIARZ: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 59.
10364
1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1378, by Senator Stafford, Senate Print 5365, an
5 act to amend the Public Health Law, in relation
6 to establishing the ovarian cancer information
7 program.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1379, substituted earlier today, by the Assembly
20 Committee on Rules, Assembly Print 8095, an act
21 to amend the Family Protection and Domestic
22 Violence Intervention Act of 1994, in relation
23 to changing the date of operation.
10365
1 ACTING PRESIDENT MAZIARZ: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 59.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1380, by the Senate Committee on Rules, Senate
13 Print 5392, an act to amend Chapter 653 of the
14 Laws of 1984, amending the Social Services Law.
15 ACTING PRESIDENT MAZIARZ: Read
16 the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT MAZIARZ: The
10366
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1382, by Senator Sears, Senate Print 5413, an
4 act to amend Chapter 1 of the Laws of 1994,
5 amending the Personal Property Law.
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is laid aside.
9 THE SECRETARY: Calendar Number
10 1383, by Senator Farley, Senate Print 5436, an
11 act to amend the Banking Law, in relation to
12 interstate branching.
13 Senator Wright.
14 SENATOR WRIGHT: Mr. President,
15 is there a message of necessity at the desk?
16 ACTING PRESIDENT MAZIARZ: There
17 is a message at the desk.
18 SENATOR WRIGHT: I move we accept
19 the message.
20 ACTING PRESIDENT MAZIARZ: All
21 those in favor of accepting the message of
22 necessity.
23 (Response of "Aye.")
10367
1 Opposed.
2 (There was no response.)
3 The message is accepted.
4 SENATOR PATERSON: Lay it aside.
5 ACTING PRESIDENT MAZIARZ: Lay
6 the bill aside.
7 THE SECRETARY: Calendar Number
8 1384, by Senator Galiber, Senate Print 4181, an
9 act to amend the Education Law, in relation to
10 providing grants to school districts.
11 ACTING PRESIDENT MAZIARZ: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT MAZIARZ: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1385, by Senator Abate, Senate Print 2548, an
23 act to amend the Alcoholic Beverage Control Law,
10368
1 in relation to requiring applicants for licenses
2 and renewals.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Paterson.
5 SENATOR PATERSON: That's all
6 right, Mr. President. Let it go.
7 ACTING PRESIDENT MAZIARZ: Are
8 you sure, Senator Paterson?
9 SENATOR PATERSON: Some other
10 time maybe.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Wright.
13 SENATOR WRIGHT: We will
14 acknowledge the Deputy Minority Leader's
15 request.
16 ACTING PRESIDENT MAZIARZ: Read
17 the last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MAZIARZ: Call
21 the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 59.
10369
1 ACTING PRESIDENT MAZIARZ: The
2 bill is passed.
3 Senator Wright, for what purpose
4 do you rise?
5 SENATOR WRIGHT: I believe that
6 completes the noncontroversial calendar.
7 If you would take up the
8 controversial calendar, Senator Spano is ready,
9 and we'll call 861.
10 ACTING PRESIDENT MAZIARZ:
11 Secretary will read.
12 THE SECRETARY: Calendar Number
13 861, by Senator Spano, Senate Print 3975D, an
14 act to amend the Public Authorities Law, in
15 relation to the cost of station operation.
16 SENATOR PATERSON: Explanation.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Spano, an explanation has been requested
19 from Senator Paterson.
20 SENATOR SPANO: Mr. President,
21 this bill would establish a formula for levying
22 station maintenance charges by suburban
23 counties. It would replace a system that we
10370
1 have right now of cost allocations and audits
2 that are involved in current statute, that
3 really would adopt some middle ground where the
4 suburban counties would pay a specified dollar
5 amount that would be subject to an adjustment
6 that is made annually to reflect the regional
7 consumer price index.
8 The difficulties the counties
9 right now have had is that the -- the parties
10 are subject to a formula for station maintenance
11 that determines the charges without regard to
12 the actual expenses. This puts some -- makes
13 some sense into the system -- puts some sense
14 into the system -- something like that.
15 ACTING PRESIDENT MAZIARZ: Thank
16 you, Senator Spano.
17 Senator Paterson.
18 SENATOR PATERSON: Mr. President,
19 all we're interested in, if Senator Spano would
20 yield for a question?
21 ACTING PRESIDENT MAZIARZ:
22 Senator Spano, would you yield for a question?
23 SENATOR PATERSON: What formulas
10371
1 affect New York City? Does New York City get
2 included in this formula, or how do we treat the
3 counties in New York City right now?
4 SENATOR SPANO: No, this bill
5 does not affect the city of New York at all. It
6 excludes the city of New York and the formulas
7 are put in place that affect only the suburban
8 counties.
9 SENATOR PATERSON: Thank you, Mr.
10 President.
11 ACTING PRESIDENT MAZIARZ: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 57, nays 2,
19 Senators Connor and Paterson recorded in the
20 negative.
21 ACTING PRESIDENT MAZIARZ: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
10372
1 993, by Senator Leibell, Senate Print 5009, an
2 act to amend the Administrative Code of the City
3 of New York, in relation to access to correct
4 housing maintenance code violation.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Wright.
7 SENATOR WRIGHT: Mr. President,
8 can we lay that aside temporarily and proceed?
9 ACTING PRESIDENT MAZIARZ:
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1334, by Senator Johnson, Senate Print 4815, an
13 act to amend the Insurance Law, in relation to
14 the definition of small groups.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Johnson, an explanation has been -
17 I'm sorry. Senator Wright.
18 SENATOR WRIGHT: Mr. President,
19 can we lay that aside temporarily, and we'll
20 proceed to Calendar Number 1344.
21 ACTING PRESIDENT MAZIARZ:
22 Proceed to Calendar 1344, please.
23 THE SECRETARY: Calendar Number
10373
1 1344, by Senator Maltese, Senate Print 5302, an
2 act to amend the Criminal Procedure Law, in
3 relation to jury consideration.
4 SENATOR PATERSON: Explanation.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Maltese, an explanation has been
7 requested by Senator Paterson.
8 SENATOR MALTESE: Yes.
9 Mr. President. This bill was
10 introduced at the request of the Chief
11 Administrative Judge upon recommendation of his
12 Advisory Committee on Criminal Law and
13 Procedure. It is carried in the Assembly by
14 Assemblyman Wright.
15 It amends the Criminal Procedure
16 Law to provide that whenever the Court submits
17 two or more offenses in the alternative to the
18 jury and the jury has deliberated for an
19 extensive period of time on the greater offense
20 and is unlikely to come to an agreement within a
21 reasonable amount of time, it may go on to
22 consider any lesser included offense.
23 The Court, in choosing to give
10374
1 that instruction, must instruct the jury that if
2 the defendant is convicted of a lesser included
3 offense, he or she may not be tried on the
4 greater offense.
5 Basically, it assists the people
6 in eliminating possibly mistrials, eliminating
7 the situations as occurred in the Robert
8 Chambers case, where the jury acting under
9 People versus Butker felt that they had to
10 arrive at a unanimous -- and the present law -
11 felt they had to arrive at a unanimous decision
12 on the greater count before proceeding to the
13 lesser count and deliberated for eight and a
14 half days and, if they had not arrived at a plea
15 bargaining, would undoubtedly -- the case would
16 undoubtedly have resulted in a mistrial.
17 The change which has been
18 suggested permits the jury, after consideration
19 of the greater charge and deliberation on the
20 greater charge and, in addition, a finding by -
21 concurred in by the Court, that a unanimous
22 decision on the greater charge cannot be arrived
23 at, permits the jury to go down to the lesser
10375
1 charge.
2 In addition, there are concurrent
3 portions of the statute which would entitle the
4 attorney for the defendant to except to the
5 judge charging that the jury may, upon not
6 arriving at a unanimous decision on the greater
7 charge, then proceed to the consideration of the
8 lesser charge.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Paterson.
11 SENATOR PATERSON: Mr. President,
12 if Senator Maltese would yield for a question?
13 SENATOR MALTESE: Yes.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Maltese, would you yield for a
16 question?
17 SENATOR MALTESE: Yes.
18 SENATOR PATERSON: Senator
19 Maltese, in the jury system, what we want is for
20 the jurors to arrive at a conclusion in which
21 they all concur, and what frightens me about
22 this bill is that it opens the door to the
23 prospective of compromised verdicts. In other
10376
1 words, we can't convict him for the higher
2 offense, so what we'll do is we'll convict him
3 on the lower offense even though we really can't
4 settle our differences because maybe eight of us
5 think he is guilty and four of us don't think he
6 is guilty.
7 I think way back in the late '60s
8 or early '70s in the Chicago 7 case in Chicago,
9 that's how they actually settled that case.
10 There were a number of Law Review articles
11 written in law school journals after that about
12 this whole sense of one juror serving as liaison
13 between two camps and creating a compromise
14 verdict, even though three or four of the jurors
15 walked out of the room absolutely convinced that
16 these defendants in this particular case were
17 not guilty.
18 Now, the particular case does not
19 matter. The articles were talking about just
20 the regular jury system. How do you think this
21 bill can be enacted? How can we enact a law
22 without jeopardizing the system where there is
23 consent among jurors?
10377
1 SENATOR MALTESE: Mr. President,
2 as I had mentioned earlier, the legislation was
3 at the suggestion of the Chief Administrative
4 Judge and, while we have received no memos from
5 district attorneys' organizations, at the same
6 time we have not received memorandums from Legal
7 Aid or any defender associations in opposition.
8 In addition, the fact that it is
9 not only carried in the Assembly by Assemblyman
10 Wright but also, I am advised, concurred in by
11 other Assemblymen, who, I think, are justly
12 concerned with the rights of defendants, permits
13 me to arrive at the assumption that the rights
14 of the defendants in these cases are assuaged.
15 Now, the way that's done is that
16 this is not done in a vacuum. First of all, it
17 is done with the consent of the judge presiding
18 in the case. Secondly, it is only after a
19 determination concurred in by that judge that
20 the jury is unable to agree on a unanimous
21 verdict on the greater charge.
22 In addition, it must satisfy the
23 judge that a sufficient time has been spent on
10378
1 deliberations on that point and, again, it is
2 only when alternative charges are presented to
3 the jury that they can go from the greater
4 charge to the lesser charge.
5 In addition, I think it satisfies
6 defense counsel and defense organizations in
7 that it provides that when the -- unlike the
8 federal system, that when the jury arrives at
9 the verdict of guilty for the lesser charge, the
10 defendant cannot be tried under double jeopardy
11 for the greater charge in the future.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson.
14 SENATOR PATERSON: Thank you,
15 that was quite instructive, Senator Maltese.
16 I raised with you a question
17 probably that would relate more to the concerns
18 of the defense, but there is perhaps even a
19 problem that prosecutors would have who are
20 often able to keep high conviction rates for
21 high offenses.
22 But, correct me if I'm wrong -
23 your previous answer may be providing me with
10379
1 the answer I need for this question, being that
2 this is really the point of last resort. This
3 is only when the jury now informs the Court that
4 they can not reach a decision, so it's not that
5 the jury goes into the jury room with this
6 option right in front of them?
7 SENATOR MALTESE: No -
8 ACTING PRESIDENT MAZIARZ:
9 Senator Maltese, do you yield?
10 SENATOR MALTESE: -- Senator
11 Paterson is correct. It is not ab initio, not
12 when they first go out. Even if they receive
13 the instruction from the judge, they must come
14 back to the Court and advise the Court that they
15 have deliberated, satisfy the Court that they
16 have deliberated for an extensive period of
17 time, and then that they can not arrive at a
18 unanimous verdict, before they go down to
19 consideration of the lesser charge.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Paterson.
22 SENATOR PATERSON: The defense
23 consent is something that's addressed in this
10380
1 bill. But, moving along, if Senator Maltese
2 will continue to yield?
3 ACTING PRESIDENT MAZIARZ:
4 Senator Maltese, do you continue to yield?
5 SENATOR MALTESE: Yes.
6 SENATOR PATERSON: Can this
7 conviction to the lesser charge be accomplished
8 over the objections of the district attorney in
9 the proceedings?
10 SENATOR MALTESE: Your Honor, I
11 believe by statute -
12 SENATOR PATERSON: That's "Mr.
13 President".
14 SENATOR MALTESE: The statute
15 that we're putting in, the fact that the
16 district attorney may object would not have a
17 bearing on this, and the jury would be able to
18 consider the lesser charge even over the
19 objection of the district attorney.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Paterson.
22 SENATOR PATERSON: Mr. President,
23 that kind of cuts both ways.
10381
1 On the bill. I think that this
2 legislation actually would affect both sides
3 equally; and seeing that there really doesn't
4 seem to be any major objection from anybody,
5 even though there are some concerns, I guess we
6 will proceed to the next piece of legislation.
7 Thank you.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 Senator Wright.
19 SENATOR WRIGHT: Mr. President,
20 if we could take up Calendar Number 1382.
21 ACTING PRESIDENT MAZIARZ: Clerk
22 will read.
23 THE SECRETARY: Calendar Number
10382
1 1382, by Senator Sears, Senate Print 5413, an
2 act to amend Chapter 1 of the Laws of 1994,
3 amending the Personal Property Law.
4 SENATOR PATERSON: Explanation.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Sears, an explanation has been requested
7 by Senator Paterson.
8 SENATOR SEARS: Yes, sir.
9 Senator, back in the waning hours of 1994, when
10 we were in session regarding this particular
11 banking bill that we had to pass, I think it was
12 in March -- I think it was retroactive to
13 sometime in January -- there was an auto leasing
14 bill which was long overdue that was included in
15 that legislation.
16 Now, as I said, this was passed
17 during the final hours prior to the time that
18 the laws pertaining to the interest rates on
19 banking were to sunset, so we had some real
20 important things that should have been in that
21 bill that were agreed by the Governor to be in
22 there, and these range from complaints from
23 consumers being charged for excess wear and tear
10383
1 and failure by the dealer to disclose the costs
2 associated with the lease, including the
3 capitalized cost, early termination and gap
4 insurance liability.
5 These are all things that we
6 should have in any auto leasing legislation in
7 this state. Unfortunately, we did not get those
8 in there. They are necessary.
9 So, for that reason, we want to
10 extend the date that this goes into effect by
11 seven months so that we can renegotiate these
12 very important things and get them into the
13 legislation early next year.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Paterson.
16 SENATOR PATERSON: Mr. President,
17 if Senator Sears will yield for a question?
18 ACTING PRESIDENT MAZIARZ:
19 Senator Sears, will you yield for a question?
20 SENATOR SEARS: Yes.
21 SENATOR PATERSON: Oh, thank you,
22 Senator Sears. You have two bills of this
23 sort. One is, I guess, the Assembly bill that
10384
1 you are carrying over here, and one is your own
2 bill. Do you have an objection to the Assembly
3 bill passing? Because it seems that the
4 Assembly's position is that they would just let
5 the seven months elapse and let the law go into
6 effect, and apparently the difference of opinion
7 is that there are some substantive and technical
8 changes that you would like to add.
9 Would you like to illuminate us
10 as to what, briefly, a couple of them are?
11 SENATOR SEARS: Are you talking
12 about capitalization costs?
13 SENATOR PATERSON: Right.
14 SENATOR SEARS: Well,
15 "capitalization costs," when you go in to buy a
16 car, you know how much you are paying for it
17 and, then, if you want to dicker with the
18 dealer, you can, but at least you got a starting
19 point. It's my understanding when you lease a
20 car, you go in and they don't have to tell you,
21 and they don't quite often tell you what the
22 capitalization costs are, but then when you come
23 back in and say you want to buy that car, where
10385
1 do you start as far as depreciation is
2 concerned, because you don't know what it was
3 worth when you first went in there and leased it
4 or bought it.
5 Another problem is what they hit
6 you with after you bring the car back in after
7 the lease is up. What's "excessive wear and
8 tear"? There has to be something in there for
9 that, because it's my understanding from certain
10 people who have complained to me about auto
11 leasing is they get hit with every scratch that
12 might have been on there before they even leased
13 the car. They didn't know it, and sometimes -
14 and, as a matter of fact, I think that Senator
15 Bruno might have had a problem with something
16 similar to that back a few years ago, as far as
17 when he took that lease car back, he got hit
18 with some pretty good bills for what they said
19 was wrong with that car that wasn't when he
20 leased it.
21 Then, of course, if you are
22 leasing a car and you run into some bad times
23 and perhaps you lose your job, for example, and
10386
1 you can't meet the terms of that contract that
2 you had for leasing, you might have to ask for
3 an early termination, and the way the law is
4 presently, I guess, or no law, that can be
5 pretty expensive because you are at the mercy of
6 who you leased the car from as to what those
7 termination costs are going to be.
8 So for these reasons, and since
9 this legislation has nothing to do with the bank
10 legislation that was included in the same bill,
11 we're asking for this seven-month delay so that
12 these negotiations can continue so that we can
13 have a bill that is going to be way overdue but
14 at the same time if you don't have some of these
15 things in that bill and this goes into effect,
16 this certainly doesn't give the consumers much
17 protection under the present system we have,
18 which really isn't any because we never had any
19 meaningful auto leasing legislation in this
20 state and, in my opinion, if we don't extend
21 this to January, seven months, we still won't
22 have any meaningful legislation.
23 ACTING PRESIDENT MAZIARZ: Thank
10387
1 you, Senator.
2 Senator Paterson.
3 SENATOR PATERSON: Mr. President,
4 we're going to really just have a problem
5 because Senator Sears and the Assembly just
6 haven't been able to agree. The Assembly wants
7 Senator Sears to pass his legislation and,
8 otherwise, we would have to wait until January
9 the 31st, but what Senator Sears is saying is
10 that he has some technical corrections where he
11 can clear up some discrepancies in the bill, and
12 that's what he wants to do.
13 Now, the issue really is just
14 that they can not agree and, unfortunately,
15 since they can't agree, I guess we'll pass this
16 bill, but it's not going anywhere.
17 But on both sides, there is some
18 merit that is very clear from the explanation
19 that we just heard, and I hope that at some
20 point in the very near future we can find that
21 agreement.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
10388
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MAZIARZ: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 59.
7 ACTING PRESIDENT MAZIARZ: The
8 bill is passed.
9 Senator Wright.
10 SENATOR WRIGHT: Mr. President,
11 will you please recognize Senator Saland to
12 record a vote.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Saland.
15 SENATOR SALAND: Mr. President, I
16 request unanimous consent to be recorded in the
17 negative on Calendar 751, Senate 1243B.
18 ACTING PRESIDENT MAZIARZ:
19 Without objection, so ordered.
20 Senator DeFrancisco.
21 SENATOR DeFRANCISCO: I request
22 unanimous consent to be recorded in the negative
23 on Calendar 583 and also on Calendar 751.
10389
1 ACTING PRESIDENT MAZIARZ:
2 Without objection, so ordered.
3 Senator Wright.
4 SENATOR WRIGHT: Mr. President,
5 could we lay 1383 aside temporarily.
6 ACTING PRESIDENT MAZIARZ: 1383
7 is laid aside.
8 Senator Wright.
9 SENATOR WRIGHT: Do you have any
10 housekeeping at the desk?
11 ACTING PRESIDENT MAZIARZ: No, we
12 have no housekeeping, Senator.
13 SENATOR WRIGHT: Then we shall
14 pause for a moment.
15 ACTING PRESIDENT MAZIARZ: Senate
16 will stand at ease.
17 (Whereupon, at 3:37 p.m., the
18 Senate was at ease until 3:40 p.m.)
19 ACTING PRESIDENT MAZIARZ:
20 Senator Sears.
21 SENATOR SEARS: Yes, mr.
22 President. On the first calendar we had,
23 Calendar -
10390
1 ACTING PRESIDENT MAZIARZ: Can we
2 have some order in the chamber, please?
3 Senator Sears, hold it.
4 Can we have some order?
5 Senator Sears.
6 SENATOR SEARS: -- Calendar
7 Number 1354, Senate 5321, I would like to be
8 recorded in the negative.
9 ACTING PRESIDENT MAZIARZ:
10 Without objection, so ordered.
11 Senator Wright.
12 SENATOR WRIGHT: Mr. President,
13 if we can return to the first active list,
14 Calendar Number 1319.
15 ACTING PRESIDENT MAZIARZ:
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1319, by Senator Stachowski, Senate Print 5352,
19 an act to authorize the city of Buffalo, Erie
20 County, to lease certain parklands.
21 ACTING PRESIDENT MAZIARZ: There
22 is a home rule message at the desk.
23 SENATOR WRIGHT: Last section.
10391
1 ACTING PRESIDENT MAZIARZ: Read
2 the last section, please.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MAZIARZ: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 59.
9 ACTING PRESIDENT MAZIARZ: The
10 bill is passed.
11 Senator Wright.
12 SENATOR WRIGHT: Mr. President,
13 if we could now return to the supplemental
14 active list and take up Calendar Number 1334.
15 ACTING PRESIDENT MAZIARZ:
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1334, by Senator Johnson, Senate Print 4815, an
19 act to amend the Insurance Law, in relation to
20 the definition of small groups.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Johnson, an explanation has been
23 requested by Senator Stachowski.
10392
1 SENATOR JOHNSON: Mr. President,
2 this is a simple bill. This would conform New
3 York State law to a federal law in a certain
4 instance here.
5 Mr. President, lay that bill
6 aside, please. I had a different bill in mind.
7 Lay it aside temporarily.
8 ACTING PRESIDENT MAZIARZ: Lay it
9 aside temporarily.
10 Senator Wright.
11 SENATOR WRIGHT: Mr. President,
12 can we then move to -- and we're on the
13 supplemental active list -- Calendar Number
14 1350.
15 ACTING PRESIDENT MAZIARZ:
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 1350, by Senator Johnson, Senate Print 5357, an
19 act to amend the Environmental Conservation Law,
20 in relation to the definition of facility for
21 the purposes of control of the bulk storage of
22 petroleum.
23 SENATOR GOLD: Explanation.
10393
1 ACTING PRESIDENT MAZIARZ:
2 Senator Johnson, an explanation has been
3 requested by Senator Gold and Senator Paterson.
4 SENATOR JOHNSON: Well, I guess I
5 have to give two explanations then. I will
6 start with the first one.
7 Mr. President, in the
8 Environmental Conservation Law, there's
9 regulation of underground tanks. This provides
10 that any tanks separately or in combination over
11 1,100 gallons are a facility and should be
12 regulated as such. They have to have a license
13 to pay a fee up to $250, depending upon the
14 size.
15 The federal law does not read the
16 same. In fact, we're amending our law to be the
17 same as the federal law, which says if the 1100
18 gallons is interconnected, over 1100 gallons,
19 then it's a facility, but if there are separate
20 tanks on the property adding up to more than
21 that, it would not be considered a facility.
22 This is just a common sense
23 thing, and the explanation we have here, which
10394
1 we think is a legitimate one, is a church with a
2 rectory or several commercial buildings on the
3 same property with 500-gallon tanks or something
4 adding up to more than 1100 gallons, even though
5 they're separate tanks in separate buildings,
6 would make the whole site considered a facility
7 and pay this fee and this fine.
8 The idea of this was to have -
9 where you could have the possibility of a major
10 spill from a facility, all interconnected tanks,
11 that you want to protect the groundwater, but it
12 was never anticipated to cover 275- or
13 500-gallon tanks or even 1,000-gallon tanks
14 which are separate and would be separately
15 filled and if they developed a leak, they would
16 be separate leaks. They would not be
17 interconnected, would not cause a major spill.
18 This bill essentially says that
19 if you have over 1100 gallons, yes, you are
20 still a facility in one tank, but if you have
21 over 1100 in several tanks, you are not a
22 facility.
23 And this would help, as I say, a
10395
1 church rectory, several small tanks on the same
2 property. You would not have to file with the
3 DEC and become an oil facility.
4 Simple bill, makes sense, should
5 be enacted.
6 SENATOR OPPENHEIMER: Mr.
7 President.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: Would
11 Senator Johnson yield for a question or two?
12 ACTING PRESIDENT MAZIARZ:
13 Senator Johnson, would you yield for a
14 question?
15 SENATOR JOHNSON: Yes, Mr.
16 President.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Oppenheimer.
19 SENATOR OPPENHEIMER: How many
20 existing tanks do you think would be exempted
21 from regulation by this bill, the number? How
22 many tanks?
23 SENATOR JOHNSON: I couldn't tell
10396
1 you. I know it would exempt the one in your
2 house if you have a 1,000-gallon tank in your
3 house or a 275 on your property. It would
4 exempt you. It would exempt a lot of farms that
5 might have 500 gallons of diesel fuel, 500
6 gallons of gasoline, maybe 275 in the house for
7 heating the house. Right now, they have to file
8 as a facility, as an oil terminal essentially,
9 because they have three separate tanks on the
10 same property. Doesn't make any sense, Senator,
11 to do that, and that's all excluded.
12 If you have a tank farm all
13 connected, obviously, they have to be filed as a
14 facility.
15 SENATOR OPPENHEIMER: That was a
16 question that I had, that conceivably it could
17 be an oil tank farm, that if each tank is
18 separate and less than 1100 gallons, you
19 could -
20 SENATOR JOHNSON: Senator, the
21 tank farms and the service stations don't fool
22 with tanks less than 5,000 or 10,000 gallons.
23 Those would all be required -- any single tank
10397
1 over 1100 gallons would still be required to go
2 on the facility designation.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Oppenheimer.
5 SENATOR OPPENHEIMER: Would you
6 continue to yield, please?
7 ACTING PRESIDENT MAZIARZ:
8 Senator Johnson, would you continue to yield?
9 SENATOR JOHNSON: Yes.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Oppenheimer.
12 SENATOR OPPENHEIMER: There is no
13 limit on the size of the site or the number of
14 separate tanks on one site. Now, this could
15 conceivably result in a farm, an oil tank farm.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Johnson.
18 SENATOR JOHNSON: Well, I mean
19 the simple fact is it's not economical to do
20 that. No one would set up a tank farm with
21 multiple 1,000-gallon tanks all separate,
22 separate tanks, separate pumps, separate hoses.
23 It doesn't make sense. It simply would not
10398
1 happen.
2 But I'll tell you right now,
3 Senator, you could have -- on an acre of land,
4 you could have 8 or 10 homes, each with a 275 or
5 a 550. You got 5,000 gallons on an acre right
6 now, and they are not regulated. But if the
7 same person owned two of these plots, each with
8 a 550, then they would have to file it as a
9 facility while the other eight homes, owned by
10 individuals, don't not have to file as a
11 facility. That doesn't make any sense, Senator.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Oppenheimer.
14 SENATOR OPPENHEIMER: One last
15 question.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Johnson, do you continue to yield?
18 SENATOR JOHNSON: Yes, Mr.
19 President.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Oppenheimer.
22 SENATOR OPPENHEIMER: Does the
23 Petroleum Association support this bill, and
10399
1 will this bill enhance the marketability of oil
2 at the expense, do you think, of natural gas,
3 because they are not subject to this kind of
4 law?
5 SENATOR JOHNSON: Senator, I
6 don't think this bill has any great influence on
7 the marketplace at all, because people are still
8 responsible if they have an oil leak. The
9 designation of "facility" has no connection to
10 your possible liability for oil leaking from
11 your premises, or gasoline for that matter. You
12 are still responsible. It is not a marketing
13 situation at all.
14 It's just rationalizing, and
15 removing the necessity of a person with several
16 small tanks adding up to 1100 gallons to file as
17 a facility with the DEC. As a matter of fact,
18 they are not doing it now and probably violating
19 the law, but it's not causing any particular
20 problem.
21 As I said, Senator, this just
22 conforms to the same designation as the federal
23 government in terms of a facility. We think the
10400
1 definition should be the same. We don't think
2 we should be different because we're New York
3 State.
4 SENATOR OPPENHEIMER: Thank you,
5 Senator.
6 ACTING PRESIDENT MAZIARZ: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 30th day.
10 ACTING PRESIDENT MAZIARZ: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 59.
14 ACTING PRESIDENT MAZIARZ: The
15 bill is passed.
16 Senator Wright.
17 SENATOR WRIGHT: Mr. President,
18 we'll now move to the Supplemental Calendar
19 Number 1, Calendar Number 1409, by Senator
20 Velella.
21 ACTING PRESIDENT MAZIARZ:
22 Secretary will read.
23 THE SECRETARY: Calendar Number
10401
1 1409, by Senator Velella, Senate Print 5395A, an
2 act to amend the Public Health Law, in relation
3 to the testing of pregnant women.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Wright.
6 SENATOR WRIGHT: Is there a
7 message of necessity at the desk?
8 ACTING PRESIDENT MAZIARZ: There
9 is a message of necessity at the desk.
10 SENATOR WRIGHT: I move we accept
11 the message.
12 ACTING PRESIDENT MAZIARZ: All
13 those in favor of accepting the message.
14 (Response of "Aye.")
15 Opposed.
16 (There was no response.)
17 The message is accepted.
18 An explanation has been requested
19 by Senator -
20 SENATOR GOLD: No, I just want to
21 be recognized.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Gold.
10402
1 SENATOR GOLD: Thank you.
2 ACTING PRESIDENT MAZIARZ: For
3 what purpose?
4 SENATOR GOLD: To speak on the
5 bill, Mr. President.
6 Mr. President, my understanding
7 of this is that this bill deals in an area where
8 we have already this year passed legislation and
9 sent it on to the Assembly. If I'm not
10 mistaken, the bill that we passed on was Senate
11 Print 2704, which is a bill that had rather
12 broad sponsorship on a bipartisan basis, and
13 when you are dealing with an issue like this,
14 you like to think that the public interest is
15 very much involved and that politics should be
16 taken out of it.
17 At any rate, apparently the
18 Assembly has not acted yet on 2704 -- I don't
19 believe they have -- and now, today, we are
20 given a new bill, 1409, by Senators Velella and
21 Hannon, and the words I hear around in the hall
22 are that Senator Velella and Assemblywoman
23 Mayersohn may have reached some private new
10403
1 agreement based on this bill.
2 When I look at the original bill,
3 I see an awful lot of Assembly people, an awful
4 lot of Senators involved in this issue. It's an
5 issue that's been around a couple years. We've
6 all worked very, very hard and, in speaking to
7 some of my colleagues, I got the impression that
8 passing this only muddies the water, and we
9 don't understand it.
10 The Assembly has gone home until
11 Monday, and I get the impression that almost
12 everybody on this side of the aisle would have
13 to vote in the negative on this bill at this
14 point, because we are very concerned about the
15 issue and we don't want to muddy the water. We
16 don't want this politicized. We don't want this
17 thrown around and new bills coming out whenever
18 anybody gets the whim or the wish.
19 Nobody owns this issue. There
20 are very significant problems. There are
21 children; there are parents all affected.
22 Nobody owns them or the issue, and we're all
23 fighting for them.
10404
1 I tried to find Senator Velella
2 for the last hour, and I know he is one of our
3 hardest working Senators, and I wasn't able to
4 hook up with him, but I wanted to tell him the
5 feelings before the bill was called, although I
6 did tell Assemblywoman Mayersohn that the
7 likelihood is that there very well might not be
8 any votes on this side of the aisle. I can't,
9 from my position, speak for everybody on this
10 side of the aisle, but that's kind of the
11 impression I get.
12 So, Senator Velella, if you have
13 the votes and you want to proceed, I guess you
14 can, but that's about it for me on this bill.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Paterson.
17 SENATOR PATERSON: Mr. President,
18 I think in light of what Senator Gold is saying,
19 I might be willing to waive some of the ques
20 tions I wanted to ask Senator Velella. I
21 appreciate what Senator Gold is saying. I was
22 well aware that there was bipartisan support for
23 this bill. There was certainly a great deal of
10405
1 effort to pass this bill both in the Assembly
2 and in the Senate.
3 I'd just like the record to
4 reflect that nine of us voted against this
5 bill. We really believed that it was not an
6 effective bill as it stood when we voted on it
7 originally in March, and it is really no better
8 now as it comes into this chamber today,
9 particularly since the sero prevalence exams
10 have pretty much been thwarted by the Centers
11 for Disease Control because they object, for
12 medical reasons, exactly to what is going on
13 around here, which is the passage of this
14 legislation leading to a presumption, obviously
15 among an overwhelming majority of individuals,
16 even including my friend Senator Gold, that
17 there is some effectiveness of knowing this
18 information, and I will not take up any more
19 time going through the issue.
20 But there were some questions
21 that I would have raised relating to the testing
22 of pregnant women, relating to actually getting
23 rid of the test in those cases, rendering these
10406
1 women among the same status as the deceased for
2 testing purposes, the fact that we will be
3 testing newborns automatically, so we would be
4 retesting the newborns even where we have tested
5 the pregnant mothers and -- okay.
6 And so, I won't go through all of
7 the issues, but I would just want the record to
8 reflect that there are issues. I would say that
9 there is really a higher principle in this
10 particular discussion, which is that when
11 members feel that a bill is the right bill -
12 Senator Mendez is certainly one of those
13 Senators who believes very much in the bill.
14 She disagrees with me virulently. She should be
15 on the bill. All those individuals who believe
16 in this bill should be on the bill. This is not
17 the way at this particular time.
18 Maybe we'll discuss the merits,
19 but there's really a higher cause, and that is,
20 that the bill is not being fair to all of those
21 who support it.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Velella.
10407
1 SENATOR VELELLA: Senator, let me
2 first respond to the question of the sponsorship
3 of this bill, and let me first publicly
4 acknowledge that many members on your side of
5 the aisle have been very supportive and very
6 much involved in getting this issue to the point
7 where it is today.
8 Assemblywoman Mayersohn, who has
9 really been the main moving factor more than
10 myself in this bill, was negotiating a bill with
11 my staff, the Health Committee staff, the
12 Majority Leader's office, the Governor's office,
13 in an effort to respond to public comments that
14 were made about the initial bill by the Speaker
15 of the Assembly.
16 The Speaker of the Assembly had
17 indicated that he had some reluctance to pass
18 the original bill because it did not deal with
19 the issue of prenatal counseling and possible
20 testing. He thought that we ought to deal with
21 the bill on the basis of the front end of the
22 pregnancy and also, then, address the part after
23 the child is born.
10408
1 As you know, our original bill
2 just dealt with the part after the baby was
3 born. We had discussed this with several people
4 over in the Assembly. They feel this may give
5 the Speaker the opportunity to work with this
6 bill and to accept some kind of a compromise
7 which is provided for in this bill, where we
8 have prenatal counseling, we have prenatal
9 testing, and we have the parts and elements of
10 the original bill.
11 Now, this bill and the language
12 was only ironed out last night at midnight.
13 While the bill is now open for co-sponsorship by
14 anybody, as I told you when you first approached
15 me outside about an hour and a half or two hours
16 ago, I would be happy to have you on.
17 Certainly, your name would add prestige to the
18 bill, and it would also reflect your support of
19 this cause, or any other member in the house.
20 It wasn't a partisan thing.
21 The fact of the matter is there
22 are a lot of Republicans who are not listed as
23 co-sponsors. I would not take the liberty at
10409
1 midnight to add names to a bill of this nature
2 without letting people have the opportunity to
3 read it and see it. I thought they would have
4 the opportunity to read it and see it this
5 morning and today, and they could buck-slip it,
6 and they have my open authorization.
7 I was asked about a half an hour
8 ago by the counsel to the Majority Leader if I
9 had any objection to opening the bill to the
10 Minority. I said, no, I did not. The bill was
11 open to the Minority. It is open to the
12 Minority. It is not a partisan issue. There
13 are Republican members on this side of the aisle
14 that are not on this bill that will be buck
15 slipping onto it. I think this is such a
16 worthwhile cause that there is enough credit to
17 go around to everybody in this house who wants
18 to support this measure.
19 Let me say that the changes in
20 this bill addressing the merits of the bill, I
21 think, go a long way to trying to compromise as
22 to what the Speaker had indicated he was inter
23 ested in. A lot of the counseling provisions
10410
1 are part of the bill that Senator Tully passed
2 in this house last year, which Assemblyman
3 Gottfried also had part in.
4 So I think this is a good basis.
5 Hopefully, the Speaker will see fit to pass this
6 bill. He may see fit to make some changes that
7 we can agree to, and we may see this issue
8 brought back for a third time when we return to
9 the Senate.
10 But, certainly, I think this is a
11 very positive step. It goes a lot further than
12 my original bill in dealing with the issues of
13 counseling women, providing them with the
14 opportunities to have the information available
15 for them, and also the opportunity to deny the
16 right to be tested prenatally. So while there
17 may have been a rush to print this and get it
18 done by today, I want to clearly state that
19 there was no offense intended to anyone that was
20 omitted from the bill, whether they be
21 Republican or Democrat. It's just that at
22 midnight, you can not put people's names on it.
23 It certainly is open to be buck-slipped in, and
10411
1 anybody can have the pleasure of putting their
2 name on the bill, as I had said an hour ago.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Stavisky.
5 SENATOR STAVISKY: Sometimes in
6 the closing days or hours of a session, nerves
7 are frayed, people are tired, mistakes are made,
8 and there probably is enough blame to go around
9 as to why mistakes were made in the handling of
10 this issue. Nevertheless, I don't believe that
11 we should allow errors in judgment with regard
12 to how legislation comes before us and whose
13 name is on and whose name is off to be the sole
14 consideration if the cause itself is just, and I
15 believe that the cause is as just now as it was
16 when we originally tackled this issue.
17 Not everyone will agree with
18 that, and I respect your individual positions,
19 but I hope that in the effort to prevent
20 children from being tested without their
21 parents' knowledge of what the test results
22 were, and in our equally important desire to
23 have prenatal counseling, which I support -
10412
1 and, in fact, last year, without Senator
2 Velella's approval, I took a bill that had
3 passed in the Assembly under Speaker Silver's
4 name and I added a hostile amendment, or was
5 prepared to add a hostile amendment in this
6 chamber incorporating Assemblywoman Mayersohn's
7 concept, which would have been a compromise
8 bringing together the disclosure of the results
9 of the testing to the mother in order to protect
10 the baby and at the same time providing for
11 counseling and other precautionary prenatal
12 actions.
13 I don't like the way the bill
14 came, in this rushed manner, today. I don't
15 like the fact that people who were sponsoring
16 either or both of these measures when they were
17 separate have had their names removed because,
18 allegedly, there wasn't enough time to consult
19 them. If we want to make enough time, we know
20 how to do it. We know how to do a lot of things
21 when the cause is just or even when it's not so
22 just, and we want to get a bill passed.
23 So I'm saying, I hear what
10413
1 everyone has said. I respect Senator Gold's
2 position. I respect the explanation of Senator
3 Velella, and I'm going to ask Senator Velella to
4 yield to a question.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Velella, will you yield?
7 SENATOR VELELLA: Yes.
8 SENATOR STACHOWSKI: Senator
9 Velella, on the record, when a bill that is
10 acceptable to the Assembly and is acceptable to
11 the leadership of this house comes before us
12 later in the session, do I have your assurance
13 that the names of people who wish to co-sponsor
14 that bill, presumably a done deal, a state
15 statute, that all these names will be on the
16 final bill?
17 SENATOR VELELLA: Certainly,
18 Senator. Because as I said in the beginning,
19 the Governor is very committed to this. Certain
20 members on this side and members on your side of
21 the aisle are committed to it. I don't believe
22 this is an issue that sees partisan lines, and I
23 will be happy to have my Democrat colleagues on
10414
1 any bill and will commit to you that they will
2 have the opportunity to be on any bill.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Stavisky.
5 SENATOR STAVISKY: With that
6 explanation, I will ask that my name be added
7 with a buck slip to this bill, and I will ask
8 Senator Velella to keep that commitment to the
9 members of this chamber who desire to be on a
10 final version of a bill dealing with prenatal
11 care as well as disclosure of HIV testing to the
12 parents of the children.
13 I don't believe the issue needs a
14 lengthy debate. We've had one in this chamber.
15 The feelings are very strong on both sides, and
16 I ask that the members rationally, without
17 feeling that they've been had or they've been
18 taken for granted, that you agree to disagree as
19 individuals. Do not be put into a lockstep
20 because of a feeling that you have been ignored
21 or bypassed or overlooked. When a mistake is
22 made, it should be acknowledged. Once it's
23 acknowledged -
10415
1 Is it my understanding that this
2 bill will be laid aside?
3 SENATOR VELELLA: At the request
4 of the Minority Leader, to give the minority
5 members an opportunity to put their slips in to
6 the desk before the bill is passed, I would ask
7 that the bill be laid aside for a few minutes,
8 and they can get their buck slips in and then
9 we'll continue on with the debate. That's at
10 the request of the Minority Leader.
11 ACTING PRESIDENT MAZIARZ: The
12 bill is temporarily laid aside. We will,
13 however, maintain the list.
14 SENATOR STAVISKY: Are the buck
15 slips at the desk now so we don't have to go
16 back to our office?
17 Thank you.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Velella.
20 SENATOR VELELLA: Any Republican
21 members can submit their slips now or later on,
22 as the case may be.
23 (There was a pause in the
10416
1 proceedings.)
2 ACTING PRESIDENT MAZIARZ:
3 Senator Velella.
4 SENATOR VELELLA: The sponsorship
5 of the bill will remain open if any Republican
6 members or Democratic members wish to put their
7 names on the bill, even after this little
8 interlude, so that members can file their buck
9 slips.
10 ACTING PRESIDENT MAZIARZ: The
11 bill is temporarily laid aside to permit members
12 to sign on if they wish, and the slips are right
13 down here at the desk.
14 Senator Wright.
15 SENATOR WRIGHT: Thank you, Mr.
16 President. We will now return to the original
17 active list, Calendar Number 1375.
18 ACTING PRESIDENT MAZIARZ:
19 Secretary will read.
20 THE SECRETARY: 1375, by Senator
21 Nozzolio, Senate Print 5328A, an act to amend
22 the Tax Law, in relation to extending the period
23 for an additional one percent, Monroe County
10417
1 sales tax rate.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Wright.
4 SENATOR WRIGHT: Mr. President,
5 is there a message of necessity at the desk?
6 ACTING PRESIDENT MAZIARZ: Yes,
7 there is a message of necessity at the desk.
8 SENATOR WRIGHT: I move we accept
9 the message.
10 ACTING PRESIDENT MAZIARZ: All
11 those in favor of accepting the message of
12 necessity, say aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response.)
16 The message of necessity is
17 accepted.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
10418
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes -
3 ACTING PRESIDENT MAZIARZ:
4 Senator Dollinger is recognized.
5 Senator Dollinger.
6 SENATOR DOLLINGER: Just to
7 explain my vote, Mr. President.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Dollinger, to explain his vote.
10 SENATOR DOLLINGER: Mr.
11 President, this bill extends the sales tax in
12 Monroe County and represents a compromise and a
13 worked-out settlement between the county
14 executive, the mayor, school districts, towns -
15 ACTING PRESIDENT MAZIARZ: Excuse
16 me, Senator Dollinger.
17 Can we have some order in the
18 house so that Senator Dollinger can be heard,
19 please.
20 Senator Dollinger.
21 SENATOR DOLLINGER: Thank you,
22 Mr. President.
23 It represents a compromise
10419
1 between the county, the city, the towns, the
2 suburban school districts. There was a great
3 deal of input during the process to come to this
4 conclusion. I think, Mr. President, that
5 sometimes when a compromise is reached, not
6 everybody is ecstatic, not everyone is over
7 whelmed but, as one person once described it,
8 they reach a mutual level of dissatisfaction,
9 and I think that's what we have here.
10 We have an agreement that may not
11 be everything that the city wanted, everything
12 that the county wanted, but, nonetheless,
13 reflects a reasonable compromise. The mayor
14 supports it, the county executive supports it,
15 the school districts support it, the towns
16 support it, and I stand here today to support it
17 as well.
18 I commend my colleague from
19 Monroe County, from the Webster portion of
20 Monroe County, and the rest of Western New York,
21 for his leadership in bringing the bill to the
22 floor, and I hope we can pass this and,
23 hopefully, use this bill as a jumping off point
10420
1 for an extended discussion about the use of
2 sales tax versus property taxes in the Monroe
3 County community in the future.
4 Thank you, Mr. President.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Nozzolio.
7 SENATOR NOZZOLIO: Mr. President,
8 I ask permission to explain my vote.
9 Mr. President, my colleagues: I
10 echo those sentiments. By passing this
11 legislation to extend the Monroe County sales
12 tax, our Senate has honored the commitment to
13 Monroe County and the city of Rochester and the
14 many towns and school districts within Monroe
15 County.
16 The legislation was crafted with
17 a cooperative spirit advanced in the Senate in a
18 bipartisan manner, and I compliment each of the
19 Monroe County delegation members on both sides
20 of the aisle for their attention and spirit of
21 cooperation throughout the deliberations. As
22 one who is entrusted with that responsibility of
23 representing Monroe County, it's been a great
10421
1 honor to work with my colleagues in the Senate,
2 as well as Assemblyman Gantt, in adopting this
3 legislation.
4 County Executive Jack Doyle and
5 Rochester Mayor Johnson deserve special
6 commendation for their hard work on this issue
7 and for promoting a spirit that can only lead to
8 further enhancements for the people of Monroe
9 County by our state legislative delegation.
10 I rise in support and urge my
11 colleagues to do the same, Mr. President.
12 ACTING PRESIDENT MAZIARZ: Thank
13 you, Senator Nozzolio.
14 Read the last section.
15 THE SECRETARY: Section 8. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MAZIARZ: Call
18 the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 59.
21 ACTING PRESIDENT MAZIARZ: The
22 bill is passed.
23 Senator Wright.
10422
1 SENATOR WRIGHT: Mr. President,
2 at this time, is there any housekeeping at the
3 desk?
4 ACTING PRESIDENT MAZIARZ: No, at
5 this time there is no housekeeping at the desk,
6 Senator Wright.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Paterson.
9 SENATOR PATERSON: Mr. President,
10 would you be kind enough to recognize Senator
11 Nanula.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Nanula.
14 SENATOR NANULA: Mr. President,
15 if I had been in the chamber last evening, for
16 the record, I would like it to show that I would
17 have voted in the negative on Calendars 937 and
18 1327.
19 ACTING PRESIDENT MAZIARZ: The
20 record will so reflect.
21 SENATOR NANULA: Thank you.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Wright.
10423
1 SENATOR WRIGHT: Mr. President,
2 we're going to return now to Calendar Number
3 1409.
4 ACTING PRESIDENT MAZIARZ:
5 Calendar Number 1409. The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1409, by Senator Velella, Senate Print 5395-A,
8 an act to amend the Public Health Law, in
9 relation to the testing of pregnant women for
10 the human immunodeficiency virus.
11 SENATOR PATERSON: Explanation.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson.
14 SENATOR PATERSON: Yes. I was
15 asking for an explanation, Mr. President.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Velella, an explanation has been asked
18 for.
19 SENATOR VELELLA: Senator
20 Paterson, as I mentioned before, this bill is
21 the result of a lot of work, most particularly
22 by Assemblywoman Mayersohn, a lot of members
23 from our side of the aisle, a lot of members
10424
1 from your side of the aisle and definitely a
2 commitment from the new executive of this state
3 to seriously address the problem of baby AIDS or
4 children being born with the AIDS virus or
5 antibody.
6 As you know, my prior bill dealt
7 only with the post-birth problem of identifying
8 or letting parents know that their child had
9 been born with the presence of the HIV antibody
10 and providing for the unblinding of the test.
11 This is a commitment by the
12 Governor, both financially and his own personal
13 belief. When he was a member of this house, he
14 supported the bill and he supported Senator
15 Tully's bill on counseling that we have to
16 address this problem, not only after the child
17 is born and identify those children who have the
18 virus or have the potential for the virus or
19 have the antibody, but we also must do the best
20 that we can do in view of new technology, new
21 testing that's available to make it make women
22 aware, one, of the problem and the availability
23 of testing, and this bill provides for when a
10425
1 woman first goes to a doctor and it's determined
2 that she is pregnant, that the doctor advises
3 her about the wisdom of being tested for HIV and
4 give her the opportunity to reject if she so
5 chooses that test but to counsel her and to
6 discuss with her the need for being tested so
7 that if, in fact, she does have that dreaded
8 disease, it will not be transmitted or some
9 prevention can be used by treatment with AZT
10 which seems to be something that is progressing,
11 and hopefully as we go on each month, we will
12 find newer and newer things to deal with this
13 problem, but certainly there has been some
14 success in treating women during the course of
15 their pregnancy to prevent transmission of the
16 disease to their child. In addition, once the
17 child is born and should the test -- the child
18 test positive, again, there is a provision for
19 test -- for counseling for referral services.
20 This is very expensive, as you
21 know. It's several millions of dollars. The
22 Governor of this state has committed the money
23 for the counseling part, for the testing part
10426
1 for this program. It is a giant step forward
2 from where we were when we were talking about
3 the other bills that have been passed by this
4 house.
5 People will have the opportunity
6 to be counseled, to get the proper referrals and
7 to get the proper treatment. I think this is a
8 giant step forward for all of us and it is a
9 major commitment by the Governor of this state
10 to basically put his money where his mouth is,
11 that he is concerned about this problem. He is
12 willing to commit the dollars to it and make the
13 commitment for the future to see that these
14 children do not contact this dreaded disease if,
15 in fact, it is at all preventable and if, in
16 fact, they do have it to make their days here as
17 safe, enjoyable and pleasant as possible and
18 probably save a few lives along the way.
19 So I think that that basically
20 sums up where we are on this bill and I will be
21 happy to answer any questions that you have.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Hoffmann.
10427
1 SENATOR HOFFMANN: Thank you, Mr.
2 President.
3 This bill marks an important
4 turning point in New York State because we are
5 beginning to come out of the dark ages where we
6 have, unfortunately, treated the entire HIV
7 issue from a political perspective much too
8 often, instead of regarding the problems of HIV
9 as a communicable disease issue, and if we can
10 shift the focus through this bill and other
11 bills so that the affected populations can get
12 the earliest medical intervention possible, we
13 will have saved lives and we will have done
14 something truly significant.
15 I have been a sponsor of the
16 earlier measure. I have now buck-slipped my
17 name to retain my sponsorship on this new
18 compromised bill, and I will continue to speak
19 out openly and vigorously on the need for
20 greater testing, in a few cases mandatory
21 testing of other populations, including the
22 inmate population in the state of New York which
23 I have sponsored a bill a number of years that
10428
1 would address that issue and I look forward to
2 the day when it too can become a matter of law.
3 I am somewhat troubled, however,
4 and want to just pause for a moment because we
5 are going into the final days of session in this
6 house, in this Legislature, at the beginning of
7 a new term for the Governor of this state who is
8 operating under many, many constraints, coming
9 into office and discovering an enormous deficit
10 dealing with new leadership in one house on both
11 sides of the aisle, not to mention the get
12 acquainted problems of bringing together an
13 enormous staff and getting to know the landscape
14 of the state. It must be a very, very onerous
15 and burdensome responsibility.
16 Throughout this time, Governor
17 Pataki has been a -- a warm-hearted individual,
18 I think on many fronts. He has been well
19 received in my part of the state. Although we
20 are from different political parties, I continue
21 to have much respect for him and agree with him
22 philosophically on many things.
23 But one thing that he campaigned
10429
1 on which I hope he will not abandon was a desire
2 to change the secrecy in Albany as it affects
3 important decision-making, and this particular
4 bill and the last few hours of its history are a
5 throw-back to a bygone era and I hope we will
6 not be subjected to this type of maneuvering in
7 midnight meetings in the future.
8 I can recall being asked to
9 attend a bipartisan press conference, I think it
10 was about the 2nd of April -- the 1st or 2nd of
11 April -- one of the few that we had in this hall
12 this year. In fact, one of the few in many
13 years at which Senator Velella and Assembly
14 Mayersohn -- Assemblywoman Mayersohn and a whole
15 host of legislators from both houses, from both
16 sides of the aisle, stood and made our pledge to
17 do what this bill would now do. It was a -- it
18 was a special moment because it signified true
19 bipartisan cooperation and determination to see
20 something through.
21 To hear on the floor earlier
22 today that a measure had been agreed to only at
23 midnight last night and there was not time to
10430
1 contact the original sponsors is simply not an
2 acceptable way for us to conduct business, and
3 while I very much appreciate Senator Velella's
4 taking the time and being gracious enough to
5 allow all of us to have our names added again to
6 the bill, I recall reading a newspaper story a
7 few months ago that listed a very large number
8 of staff people who worked for Senator Velella
9 and my guess is he probably could have had some
10 of those staff, including the very capable Donna
11 Montalto who was a member of my staff many years
12 ago as an intern, they probably could have
13 contacted all ten of the Democratic sponsors and
14 every Republican sponsor in the hours from
15 midnight last night until 4:00 o'clock this
16 afternoon to ask us if we wanted to remain on
17 the bill.
18 In fact, there are many examples
19 of that courtesy having been extended this
20 year. In fact, not too long ago, Senator
21 Velella -
22 ACTING PRESIDENT MAZIARZ:
23 Senator Hoffmann, would you yield to Senator
10431
1 Velella?
2 SENATOR HOFFMANN: In one second.
3 Just let me complete this.
4 SENATOR VELELLA: Just a quick
5 question.
6 SENATOR HOFFMANN: I'll yield in
7 one second, Mr. President.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Hoffmann.
10 SENATOR HOFFMANN: Thank you.
11 In fact, as a very nice case in
12 point, not too long ago, Senator Volker as the
13 prime sponsor of the death penalty, had one of
14 his top counsels make frequent phone calls and
15 FAX material back and forth, ask how late we
16 would be available in the office while we were
17 revising the death penalty bill as we were
18 approaching a final close down on that measure.
19 So I will extend to Senator
20 Velella my desire to be as cooperative as I
21 possibly can. I will keep my office open. I
22 will come in at midnight. I have FAXes at my
23 apartment and on my farm and I will remain in
10432
1 close contact as this process develops, but more
2 importantly, I want to send the message to
3 Governor Pataki and Senator Bruno that all of us
4 hope that we can avoid the type of stressful
5 experience we just endured a few moments ago in
6 this chamber by having true bipartisan
7 cooperation throughout the process, and now I
8 will be more than happy to yield to Senator
9 Velella.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Velella to answer a question.
12 SENATOR VELELLA: Senator, I
13 would just like to ask you to do me a personal
14 favor and make the commitment yourself to
15 collect the phone numbers of those Minority
16 Senators that would like my staff to have it and
17 where they will be at midnight on any nights so
18 that I could reach them in the event that this
19 happens again and will be able to prevent it, so
20 if you would turn over the numbers to me of
21 where all of the members will be at midnight, I
22 will be happy to be sure this never happens
23 again.
10433
1 SENATOR HOFFMANN: I will be more
2 than happy -
3 ACTING PRESIDENT MAZIARZ:
4 Senator Hoffmann.
5 SENATOR HOFFMANN: Thank you, Mr.
6 President.
7 I will be more than happy to
8 provide that information to Senator Velella, but
9 I think it's probably quite clear that it would
10 not have been necessary in this case since our
11 offices were open at 8:30 this morning and it's
12 now 4:00 o'clock in the afternoon. There had
13 been time for that to have been done, and I also
14 recognize that a simple call to the Minority
15 Leader through his staff which is available 24
16 hours a day would have elicited that information
17 without any great difficulty. There were only
18 ten of us, so I'm sure that we're all off to a
19 much better start going into the waning days of
20 this session. We will all exchange lots of
21 phone numbers and FAX numbers and we will have
22 no more problems with sponsors' names
23 disappearing from measures as they sometimes
10434
1 have in the past.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Marcellino.
4 SENATOR MARCELLINO: Thank you,
5 Mr. President.
6 I supported the earlier form of
7 this bill and I support this form. I thank
8 Senator Velella and Senator Hannon for their
9 efforts. I recognize that negotiations often
10 take longer than anyone would like and sometimes
11 they're rather torturous. We went through
12 torturous budget negotiations, sometimes the
13 procedure wasn't to everybody's liking but I
14 think ultimately we ended up with a good budget
15 bill, not perfect but a good one. This bill may
16 not be perfect in every way, but it's a good
17 bill. It's a better bill than the previous
18 bill. Many accommodations were made and I'm
19 pleased to support it, and I thank the efforts
20 of those involved.
21 ACTING PRESIDENT MAZIARZ: The
22 Chair recognizes Senator Mendez.
23 SENATOR MENDEZ: Mr. President, I
10435
1 really want to express my joy at the fact that
2 there has been agreement to pass this bill, both
3 here and in the Assembly. The reason being that
4 in my district as well as in all minority
5 districts of the state of New York, 99.9 percent
6 of minority women are the ones that,
7 unfortunately, are being infected with the -
8 with the AIDS virus and are the ones that,
9 unfortunately, are giving birth to children also
10 infected with the HIV virus.
11 I really must say that I want to
12 thank Senator Velella and Senator Hannon for the
13 work that they have done, as well as that
14 wonderful and effective Assemblywoman Nettie
15 Mayersohn for her interest in a subject matter,
16 in a health problem that is -- health problem
17 that is so vitally important to the -- to all
18 the residents of the state of New York.
19 In summary, I want to mention
20 that it is now -- once more, I want to reiterate
21 that the -- that the greater group at risk in
22 terms of that horrible disease are women and
23 99.9 percent of those women, I must say, are
10436
1 minority women, so you can see the importance of
2 this -- of this bill.
3 I want to thank the Governor for
4 committing funds to pay for the -- the
5 counseling program and for testing and what have
6 you, and I also want to mention that, believe
7 you me, Mr. President, I am very happy that this
8 little tempest in a teapot has been resolved,
9 because the bottom line is that I would have
10 supported that bill whether my name would have
11 been on it or not. Of course, I think that the
12 graciousness of Senator Velella and Senator
13 Connor and the others at resolving this issue is
14 very important because it did give each one of
15 those that are so strongly committed to do
16 whatever we have to do to ease the lives of
17 those who are suffering from this disease. It
18 gives us the opportunity to partake in a
19 collective effort to try to resolve, but I also
20 want to mention that I hope that once this is in
21 place, suddenly we don't see a whole emphasis in
22 providing treatment of AZT to all the women who
23 are -- who are pregnant and are -- and are -
10437
1 and are found to have the HIV virus because, I
2 believe it's two or -- two or three percent, I
3 don't recall, of the -- of the babies that are
4 born of women who have been pregnant receiving
5 AZT are without the HIV virus, but normally a
6 pregnant woman who has a child with HIV, as the
7 child develops its own immunological system by
8 the age of 18 months, many of them shed off the
9 virus.
10 So I do hope with this program
11 that there would also be a program of research
12 in terms of -- in terms of, if there are any
13 secondary effects on the development of a child
14 of a woman who has -- who has been treated with
15 AZT.
16 So it's a happy day, Mr.
17 President, and I will be voting yes.
18 ACTING PRESIDENT MAZIARZ: Thank
19 you, Senator.
20 The Chair recognizes Senator
21 Gold.
22 SENATOR GOLD: Thank you very
23 much, Mr. President.
10438
1 Mr. President, I guess it becomes
2 a question of definition as to what is a tempest
3 in whose teapot.
4 I've seen members in this house
5 get very, very excited over things that other
6 members would shrug their shoulders about, so I
7 guess it depends how you react to issues as to
8 whether something is or is not a tempest in a
9 teapot.
10 At any rate, I would like to
11 correct my colleague in that, if I understood
12 her properly, if she said that there's agreement
13 and this will pass some way in the other house,
14 I think it's been acknowledged there's no such
15 agreement and this bill ain't goin' to pass in
16 the other house.
17 As a matter of fact, during some
18 of the conversations, it was made clear that
19 this is a posturing in order to continue some
20 kind of negotiation and I think Senator Stavisky
21 very graciously tried to get some concessions on
22 the floor, that when there is a bill that may be
23 a law, that people will be listed on it.
10439
1 So while this may be a just
2 cause, we are here again spending the time of
3 this chamber less than four hours from our
4 appointed adjourned time, posturing.
5 Now, negotiations are
6 negotiations and they take place all the time.
7 Why we have to spend taxpayer money to print
8 bills that are posturing in order to negotiate,
9 I don't know. Now, I will admit to you that
10 taxpayer money gets spent in printing bills that
11 don't pass, but we put them in and we state our
12 positions and we hope very much that we can pass
13 them, but for the posturing, I say to myself,
14 there really should be some time limit.
15 The other point is really a
16 simple point. While I can respect the work that
17 people do on an issue, very often what happens
18 is that the Majority walks in here with its 31
19 votes and they don't care whether we have a
20 minute or 30 seconds or 20 minutes to examine a
21 piece of legislation because they've got their
22 31 votes and they couldn't care less what
23 happens to it.
10440
1 When there's a piece of
2 legislation such as this issue where its very
3 obvious without votes on our side of the aisle,
4 well, of course, it seems to work a little
5 better, but having said that, a member of the
6 Legislature by definition, I think, should not
7 be a bungee cord, and we should not be there for
8 people to bounce us around as they want for
9 their political purposes or for their very
10 worthy just cause purposes.
11 There are people who have been
12 recognized as leaders in a particular issue, and
13 that's fine. Let them lead, but I never gave
14 anybody my proxy for anything that they may do.
15 I do not believe in legislation by label.
16 I know every once in a while
17 somebody says, "Well, I don't want to vote no
18 here because somebody back home may say that I'm
19 switching positions" and I understand and
20 respect peoples' respect for their constituency
21 and how they work their particular legislative
22 careers, but I don't believe in labels, and
23 while I do believe in the concept of the
10441
1 original bill and I do believe in the -- in the
2 disclosing of this information, it doesn't mean
3 I would vote for any bill in that -- in that
4 particular field.
5 And if this is not the final bill
6 and if some of the concerns of the Assembly
7 Speaker have been met as Senator Velella says -
8 and I don't doubt that he's telling the truth,
9 but yet Assemblyman Silver and the Majority over
10 there is not going to deal with this bill, I
11 don't know what all of this is really all
12 about. I don't understand it. We're now, I
13 think, three hours and fifteen minutes from our
14 orderly promised adjournment, and we're
15 posturing, and the answer is that I feel as
16 strongly about this issue as anybody. I respect
17 people who will vote yes because we continuously
18 must vote yes.
19 I intend personally to vote in
20 the negative because I don't want this issue
21 postured anymore. I want a bill. I want a
22 final bill. I do not believe that the way you
23 get a final bill is to just keep bringing them
10442
1 up and changing it every other day. I think you
2 sit down and work it out or you don't work it
3 out.
4 There was a comment made
5 yesterday and I commented on it but I'm going to
6 repeat it, that we on this side did something in
7 order to embarrass you on the other side and my
8 comment was, if you don't believe in an issue or
9 you do believe in an issue and that's the way
10 you vote, why would you have been embarrassed?
11 And it's the same thing on this.
12 We will negotiate with or without
13 this bill today. I cannot believe in my wildest
14 imagination that passing this bill today is
15 going to change the negotiation because there
16 are people of pretty fixed ideas on both sides
17 and they must soften and come to some agreement
18 on each side and then we'll have a bill and I
19 don't think the additional posturing does
20 anything.
21 I think that when we as a Senate
22 passed 2704, we sent our message. The New York
23 State Senate has 31 votes for a baby AIDS bill.
10443
1 That was the message. It hadn't changed. So
2 now with three hours and fourteen minutes to go,
3 we're going to tell the other side, not only do
4 we have 31 votes but we have 31 votes. It seems
5 to be the same message, because when people
6 debate this bill, you don't debate the merits of
7 the bill, you debate the label. It's the
8 label.
9 People have been running around
10 here saying, "Can we get on a bill, not get on a
11 bill" and they don't know what the bill does.
12 Senator Velella, this may be a better bill, I
13 don't know, but that's not why people want to be
14 on it. They want to be on it because of the
15 label.
16 Well, Senator, I can only speak
17 for myself and I'm sure I'm in the minority on
18 this, but I'm not voting for it and supporting
19 labels.
20 Senator, when there's a bill that
21 is a serious bill, I would love to look at it,
22 probably would support it, but I'm calling an
23 end, Senator, to this business and I'm going to
10444
1 vote no.
2 ACTING PRESIDENT MAZIARZ: Read
3 the last section.
4 I'm sorry. Senator Paterson.
5 SENATOR PATERSON: Mr. President,
6 I'm sorry. I was moved by the remarks of the
7 last speaker and didn't rise in time, but now
8 that I have, I think that there is a great deal
9 of support for this legislation. I think that's
10 why we had a slight misunderstanding a little
11 while ago, and I think there's a great deal of
12 misunderstanding of the very few. I think there
13 are only nine Senators in this chamber who voted
14 against this bill and I think those individuals
15 were labeled kind of hoodwinked and cajoled and
16 even challenged as if they were serving out -
17 and I was one of them -- the interest of
18 lobbying groups and that kind of thing, and we
19 were trying to speak to the merits of the bill
20 and that's what I'm going to try to do right
21 now.
22 I actually would have preferred
23 the bill that I voted against in March to the
10445
1 bill that exists on the floor today. Let me
2 cite one of those reasons. In the bill we have
3 today, we are really setting up a -- separate
4 guidelines for testing and counseling for
5 pregnant women as opposed to the rest of the
6 population.
7 There's only one type of medical
8 investigation in which we would not have -- in
9 which we would have a similar situation when we
10 separate the tested from the rest of the
11 population, and that is an autopsy where we're
12 testing the deceased and there's no informed
13 consent because the deceased can't talk.
14 In every other situation, we have
15 uniform testing and counseling guidelines. We
16 have gone totally away from it in this piece of
17 legislation by giving the commissioner the right
18 to set up the new guidelines. We don't know
19 what the counseling is going to be. We don't
20 know if there's going to be any counseling at
21 all. We don't know if the counseling is going
22 to be so stringent that it actually could become
23 a health care problem within itself because now
10446
1 the pregnant woman is being badgered rather than
2 being counseled for the interest of conducting
3 this test.
4 Let me cite my second objection
5 to the legislation. We are setting up in this
6 legislation what is really going to be a
7 situation where we're going to have double
8 testing. We're testing the pregnant woman, then
9 we're testing the newborn. Well, if we find out
10 that the mother is HIV-positive, why do we have
11 to test the newborn at that point? We already
12 know that we have a problem, but we're going to
13 test the newborn again. We're going to put
14 people in this very precarious position as a
15 result of double testing as a result of this
16 bill -- and let me point out that this is
17 actually different than something that existed
18 in the last bill.
19 Now, the Governor has consented
20 and has been complimented on the floor for
21 putting money into this program, $3.8 million,
22 but where's the money coming from? The money is
23 coming from the bad debt and charity pool to
10447
1 hospitals. So we're really, I guess, taking
2 money that's going to try to save lives to put
3 it in another area that's going to try to save
4 lives, except in the original area, we're at
5 least assured that we're saving lives.
6 So this $3.8 million then is
7 generously intended, and I don't question the
8 intentions of anyone that drafted, supported or
9 is even lobbying for this bill, because more
10 than any other piece of legislation I debated on
11 the floor this year, I don't think that it's a
12 difference of opinion. I think it's a
13 reflection of understanding that brings us to
14 different positions on this legislation, and
15 $3.8 million going away from hospitals -- the
16 hospitals are complaining now.
17 The hospital is required to
18 notify the parents of the newborn that tests
19 positive. The hospitals are already complaining
20 that there's a pocket of individuals who are
21 afflicted and that it has been extremely
22 difficult and there is an extreme strain on the
23 hospitals to get in contact with the parents
10448
1 now. Now we're going to try to mandate them to
2 go out and find individuals who probably after
3 the testing has taken place don't even really
4 want to be found.
5 And so there are just some
6 complications that don't even have to do with
7 the basic issue that I have with supporting this
8 piece of legislation on its face.
9 Why do we want to change the
10 inherent guidelines to such an extent that we
11 are now going to have an entire separate system
12 just for pregnant women; in other words,
13 separating them from every other class of
14 individuals who are tested in our society.
15 And now let's get to what I think
16 is the critical issue, the actual treatment. We
17 understand how deadly and hazardous this disease
18 is, but we understand that the same way we
19 understand that we don't want an atom bomb
20 dropped on this chamber. Nobody knows what an
21 atom bomb would do but everyone knows they don't
22 want to see it fall.
23 The point is that when it comes
10449
1 to the results of HIV testing and the finding of
2 a -- of a positive, the treatment, particularly
3 as I pointed out a couple months ago with AZT,
4 can be one of the most dangerous situations we
5 can ever involve ourselves in, particularly with
6 newborns, and particularly if we treat the
7 mother too early in the pregnancy.
8 AZT has been effective when used
9 to treat the pregnant woman in the seventh
10 month, but when we start to see our current
11 medical treatments as panaceas for the problem
12 and we're getting up and making statements that
13 we want the earliest possible medical
14 intervention when we don't even know that the
15 medical intervention exacerbated the problem
16 over five years ago when newborns that were
17 treated with AZT, they all died, not the few or
18 the great number of percentage that sero
19 converted over an 18-month period.
20 AZT is an immunodepressant drug
21 treating an immunodeficient virus. In other
22 words, it exacerbates the same virus it treats,
23 so only in specialized situations can it
10450
1 actually be effective. There are other
2 treatments for pneumonia that are actually very
3 good that we could treat if we understand that
4 the baby is HIV-positive and may contract the
5 narcissoma pneumonia that we're aware of, but
6 these are things that were taken into account
7 when the Center for Disease Control basically
8 threw out this system, and the reason they threw
9 out this system was because it was being abused,
10 not being abused by individuals who didn't
11 care. It was being abused by individuals who
12 didn't understand the medical protocols and they
13 are now re-reviewing those protocols to see what
14 the apt treatment would be for individuals who
15 are afflicted with the HIV virus based on
16 testing.
17 And so these are not only the
18 reasons that I oppose the legislation, but I
19 also have cited the reasons why I oppose this
20 bill as it would discriminate against the
21 original bill that came out that did not set up
22 the double standard as we have today.
23 I think that this subject
10451
1 certainly needs more work. I think that there
2 is a desperate attempt by individuals to pass
3 legislation right now because it's such a
4 horrible situation that they're doing the very
5 best they can to try to actually treat it, and
6 for that, I commend them.
7 Where there is not quite an
8 understanding of how horrible and tragic and
9 lachrymose the results of this disease is, is a
10 matter for research and a matter for
11 understanding and a matter for exactly what some
12 individuals said earlier, putting aside labels
13 and really getting into the research that would
14 help us to find a cure for the HIV virus and
15 inevitably the AIDS disease.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Abate.
18 SENATOR ABATE: Yes. Would
19 Senator Velella yield to two questions?
20 ACTING PRESIDENT MAZIARZ:
21 Senator Velella, would you yield for two
22 questions from Senator Abate?
23 SENATOR VELELLA: Certainly.
10452
1 SENATOR ABATE: There are two
2 issues of concern that I don't understand and
3 maybe you can clarify -- well, there may be
4 other issues, but two that are new issues.
5 In 1988, I believe, the medical
6 profession got together through a task force or
7 a committee and came up with a Public Health Law
8 2781 and it dealt with what kind of counseling,
9 consent, post-counseling, precounseling to the
10 testing. Why now is this legislation exempting
11 pregnant women from this Public Health Law
12 provision? My understanding now, only dead
13 people are exempted and individuals that donate
14 organs. Now we're putting pregnant women into
15 that exemption. Why are we doing that?
16 SENATOR VELELLA: Well, Senator,
17 I'll explain the reason and I'll explain
18 something else to you about my own thinking.
19 My own thinking is that that
20 whole article is nothing but a special privilege
21 bill for the AIDS -- so-called AIDS treatment of
22 people who are so-called AIDS victims. I
23 believe we should treat AIDS as we do every
10453
1 other communicable disease and we shouldn't be
2 using special interest and special laws to treat
3 them any differently. A contagious disease is a
4 contagious disease, no matter what it is, but
5 the reason that we have now exempted pregnant
6 women is because of the fact that pregnant women
7 transmit the disease to an innocent life and
8 we're trying to stop that, and this bill and
9 this legislation hopefully is the best shot we
10 have at stopping that innocent, young, unborn
11 child or newborn child from getting the disease,
12 and the way we're doing that is by putting that
13 exemption in that section.
14 SENATOR ABATE: Yes,, but my
15 understanding of Public Health Law 2781, it
16 really presents guidelines for the doctors in
17 terms of how they do the counseling, and if you
18 take those guidelines away, in effect, we may be
19 reducing the impact and the meaningfulness of
20 that counseling and that's what my concern is.
21 Why are we removing pregnant women when they
22 need meaningful counsel? We're taking them out
23 of these guidelines, so I guess that's my -
10454
1 SENATOR VELELLA: Senator, I
2 believe again those special guidelines for this
3 special group of people for this special disease
4 which I call the only politically protected
5 disease known to mankind is, in my opinion,
6 unnecessary.
7 We have medical doctors who every
8 day have to counsel people. I mean, a doctor
9 has to tell someone that they are dying of
10 terminal cancer. Who counsels them to accept
11 this terrible news? Somebody has to face the
12 fact that they're going to die of a heart attack
13 or they're going to die of a liver disease.
14 Doctors do this all the time. Why do we need
15 special laws for people who have AIDS?
16 SENATOR ABATE: If I can just
17 respond to that question why.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Abate.
20 SENATOR ABATE: If I can respond
21 to the question why. I don't think there's ever
22 a disease that has faced so much discrimination.
23 If you remember not so long ago we were talking
10455
1 about quarantines. We were talking about people
2 who couldn't work, couldn't have housing, so
3 it's a disease that's associated with an
4 enormous amount of prejudice and discrimination.
5 So that's why there's certain guidelines.
6 SENATOR VELELLA: Senator, would
7 you yield to a question?
8 SENATOR ABATE: Sure.
9 SENATOR VELELLA: Have you ever
10 heard of leprosy?
11 SENATOR ABATE: Yes.
12 SENATOR VELELLA: Have you heard
13 of tuberculosis and some of the stories that
14 were done with people during those times? They
15 were serious too.
16 SENATOR ABATE: I guess my second
17 -- I won't debate this issue. My second issue
18 is it's my understanding -
19 ACTING PRESIDENT MAZIARZ:
20 Senator Velella, do you continue to yield for a
21 question?
22 SENATOR VELELLA: Yes.
23 SENATOR ABATE: My second
10456
1 question, if a woman refuses a test, that piece
2 of paper goes into her medical files, "refuses
3 to test." I think -- I think that's the case.
4 And that -- so clearly the doctor knows who's
5 been tested and who hasn't been tested, yet this
6 bill will spend $3.8 million testing all the
7 women, even the women who have consented to be
8 tested prenatally. My understanding is when
9 women are adequately counseled, they will end up
10 voluntarily testing themselves, and what this
11 bill does, even the women, the 98 percent that
12 agree to be tested prenatally, they also will be
13 put in the pool on the back end and their babies
14 will be tested and there will have to be
15 notification and the hospitals will have to fine
16 them. Why are we doing it for the 98 percent
17 who have already agreed to be tested?
18 ACTING PRESIDENT MAZIARZ:
19 Senator Velella, do you -
20 SENATOR VELELLA: The answer to
21 that is for the exact same reason that we do it
22 for syphilis and that we do it for a battery of
23 other listed communicable diseases. All I want
10457
1 to do is treat that disease as we do every other
2 contagious disease and not treat it any special
3 way. Let's fight it the way this Legislature -
4 the way legislators long before us have had to
5 deal with contagious diseases have fought those
6 diseases of their time.
7 AIDS is the disease of our time.
8 Let's fight it in the proven way. The same way
9 we have wiped out those other diseases, we will
10 wipe out AIDS and we will find a cure. We have
11 found some very progressive things to do hope
12 fully to prevent the transmission to children
13 that are in their mothers' wombs. Let's do what
14 we can to stop the spread of this disease and
15 help those who have it.
16 SENATOR ABATE: I guess I
17 disagree on these two points I raise, and the
18 reason is when you test the baby, you're really
19 testing the condition of the mother, and so if
20 the woman -- the mother already agrees to be
21 tested herself, we're not giving her any more
22 valuable information. She knows her condition.
23 We're wasting money. We're making hospitals
10458
1 more liable. They're going to have to now
2 communicate with mothers and we're not going to
3 be giving them any more useful information.
4 But thank you, Senator Velella.
5 SENATOR VELELLA: May I respond
6 to that, Senator?
7 SENATOR ABATE: Yes.
8 SENATOR VELELLA: The only thing
9 that we are doing, and again, I tell you, when
10 we do test those babies, we are catching the
11 ones that have slipped through the cracks. The
12 people probably in the most frequent -- in the
13 most high risk group, those women that show up
14 at the maternity ward, at the hospital ready to
15 give birth that haven't had the advantage of
16 prenatal treatment, that haven't had the
17 advantage of a test, they come in, they have
18 their baby and then we test the baby and find
19 out, so we're going to catch a lot of those
20 babies, the ones that fall between the cracks,
21 and that's part of the reason why we're going to
22 test all the babies born.
23 Additionally, hopefully we'll be
10459
1 able to identify and can maintain the areas that
2 there is the high frequency because, as you
3 know, the federal government may be withdrawing
4 their money for the blind testing, and we won't
5 be able to determine where the high frequency
6 is, so by testing these babies at state expense,
7 which the Governor has made the commitment, we
8 will be able to identify the high instance
9 areas, the high instance groups and hopefully
10 fight this disease the way we have otherwise.
11 SENATOR ABATE: Thank you.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Oppenheimer.
14 SENATOR OPPENHEIMER: I had a lot
15 of the same concerns that were just mentioned.
16 The fact is that the federal government has
17 stopped in the last six weeks, seven weeks doing
18 any testing, so that's finished as far as the
19 blind testing, you're right, it's finished.
20 The funding, I would be happy to
21 hear that some additional money was going to
22 come into this. Unfortunately, from what I
23 understand that $3.8 million that will be going
10460
1 to test the babies is going to be coming from
2 the bad debt and charity pool; is that true,
3 Senator? Would you respond?
4 ACTING PRESIDENT MAZIARZ:
5 Senator Velella, would you yield to a question?
6 SENATOR VELELLA: Yes. What's
7 the question, Senator?
8 SENATOR OPPENHEIMER: I
9 understand that the money that is going to the
10 testing of the babies is going to be coming,
11 that 3.8 million, from the bad debt and charity
12 pool?
13 SENATOR VELELLA: That will be
14 next year, yes, to supplement the shortfall for
15 next year. That's a very good investment
16 because by catching this early, we will be able
17 to save the long-term treatment hopefully that
18 becomes necessary for these children when they
19 go totally untreated at birth and develop the
20 full blown AIDS disease. We can better control
21 it and most of these babies, unfortunately, will
22 be funded by the bad debt and charity pool. So
23 if we catch the disease early enough, we can do
10461
1 some things to minimize the impact and it will
2 be an offset, another $3.8 million offset, but
3 somewhat of an offset.
4 SENATOR PATERSON: Mr. President.
5 ACTING PRESIDENT MAZIARZ: Could
6 we have some order in the chamber, please, so
7 that we can hear both Senator Oppenheimer and
8 Senator Velella.
9 Senator Paterson.
10 SENATOR PATERSON: If Senator
11 Oppenheimer would just suffer a brief
12 interruption.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Oppenheimer.
15 SENATOR OPPENHEIMER: I yield.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Paterson.
18 SENATOR PATERSON: If Senator
19 Velella would just yield for a question. It's
20 just this specific -
21 ACTING PRESIDENT MAZIARZ:
22 Senator Velella, would you yield for a question
23 from Senator Paterson?
10462
1 SENATOR VELELLA: Yes.
2 SENATOR PATERSON: It's this
3 specific point that disturbs me, Senator
4 Velella. If you're talking about a pregnant
5 woman -- treating the pregnant woman, that's one
6 thing, but if you're talking about medical
7 intervention to treat the newborn, those who are
8 in favor of this bill have been able to cite
9 evidence where some of the ancillary diseases
10 have been able to be treated by the use of a
11 number of drugs, but I don't know that there's
12 any hard evidence that we can treat the HIV
13 virus in newborns, and I think that that's where
14 the misperception is being gained by the public
15 and a lot of other people that we really are -
16 even if there's some disagreement between you
17 and I on that one point, but there seems to be
18 an overestimation of what we can actually do if
19 we have learned that a person is HIV-positive,
20 because then I'm going to have to ask you the
21 question, what do we do when adults are -- are
22 diagnosed as being HIV-positive? Has medical
23 intervention affected their lives when there was
10463
1 early intervention?
2 ACTING PRESIDENT MAZIARZ:
3 Senator Velella.
4 SENATOR VELELLA: If I may
5 respond just briefly. There absolutely is no
6 cure today for that disease and certainly I have
7 not in any way tried to indicate that if we get
8 an early detection, we are going to cure the
9 disease. However, I have heard -
10 SENATOR PATERSON: That's all I'm
11 saying.
12 SENATOR VELELLA: Just let me say
13 to respond to the point that Senator Oppenheimer
14 made -- let me finish -- was that by detecting
15 the disease early in infants, we can make their
16 lives more comfortable, reduce the instances of
17 pneumonia and the severity of pneumonias and
18 ultimately prolong their life into teenage when
19 hopefully we'll have a cure.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Oppenheimer.
22 SENATOR OPPENHEIMER: Senator
23 Velella, would you yield for another question?
10464
1 ACTING PRESIDENT MAZIARZ:
2 Senator Velella, would you yield for a question
3 from Senator Oppenheimer?
4 SENATOR VELELLA: Yes, I'll
5 yield.
6 ACTING PRESIDENT MAZIARZ: Can we
7 have some quiet in the chamber so that we could
8 hear both Senator Velella, who is very easy to
9 hear and Senator Oppenheimer who is a little
10 more difficult to hear.
11 Senator Oppenheimer.
12 SENATOR OPPENHEIMER: All right.
13 I'll talk up. Would you say that a considerable
14 number of the children that test HIV-positive at
15 birth, perhaps as many as 75 to 80 percent do
16 not have anything but their mother's antibodies
17 in them and that they will shrug them off by the
18 age of five months or six months?
19 SENATOR VELELLA: Senator, I
20 believe we did this in the last debate.
21 Absolutely right unless the virus is
22 reintroduced to them through breast feeding or
23 something of that nature or some kind of bodily
10465
1 fluid contact. That's why it's so important
2 that the mother be told that she has the disease
3 and she not transmit it to the child.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Oppenheimer.
6 SENATOR OPPENHEIMER: I think we
7 all agree on the mandatory counseling. There's
8 no question that you have a million percent
9 agreement on that.
10 The drugs that would be used,
11 however, on the youngsters that would -- the
12 babies, would be the same for all of these
13 babies born HIV-positive, yet perhaps as many as
14 three out of four would not need these strong
15 drugs because they are just -- it's just their
16 mother's antibodies which they will be rid of by
17 the time they're five months old.
18 I have a concern that the babies
19 that do not need this will not be benefited and
20 might be harmed by very strong drugs. Do you
21 have that concern also, Senator Velella?
22 ACTING PRESIDENT MAZIARZ:
23 Senator Velella, would you yield to another
10466
1 question?
2 SENATOR VELELLA: Yes, I yield,
3 and my answer is that I would -- if this were to
4 strike in my own family, I would rest on the
5 basis of the fact that I would try to get the
6 best medical treatment available for my child
7 and I would have to rely on the doctors who told
8 me what to do, very much like a person dying of
9 cancer allows their doctor to introduce poison
10 into their system through chemotherapy and try
11 and save them in the long run.
12 I couldn't tell you, but I would
13 have to rest on the best medical available
14 information and the best course of treatment
15 prescribed by the American Medical Society and
16 the doctors who I would have faith in. I'm not
17 a doctor, but one thing I do know, if we don't
18 know the kid has the disease and we don't know
19 the mother has the disease, we can't do anything
20 to help him.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Oppenheimer.
23 SENATOR OPPENHEIMER: There is -
10467
1 I think the analogy that Senator Velella just
2 used is not a valid one in that the cancer
3 patient knows he has cancer. The HIV-born baby
4 may not have HIV, and so he may not be sick, but
5 you are going to give him or her a very strong
6 drug which may not be necessary at all because
7 by age five months, that child will no longer be
8 HIV.
9 I had another question, and it's
10 not coming to me. Give me one moment. I can't
11 think of what else I was going to ask you.
12 You're lucky.
13 Thank you, Senator.
14 ACTING PRESIDENT MAZIARZ: Thank
15 you, Senator.
16 SENATOR WALDON: Is there a list?
17 ACTING PRESIDENT MAZIARZ:
18 Senator Waldon, there is a list. You are number
19 one.
20 SENATOR WALDON: Thank you.
21 Would Senator Velella yield to a
22 question?
23 ACTING PRESIDENT MAZIARZ:
10468
1 Senator Velella, would you yield to a question
2 from Senator Waldon?
3 SENATOR SKELOS: Mr. President,
4 if I could interrupt for a minute.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Skelos.
7 SENATOR SKELOS: There will be an
8 immediate meeting of the Rules Committee in Room
9 332 of the Capitol.
10 ACTING PRESIDENT MAZIARZ: There
11 will be an immediate meeting of the Rules
12 Committee in Room 332 of the Capitol, an
13 immediate meeting of the Rules Committee in Room
14 332.
15 Senator Velella, would you yield
16 to a question from Senator Waldon?
17 SENATOR WALDON: Yes, Mr.
18 President.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Waldon.
21 SENATOR WALDON: Thank you, Mr.
22 President.
23 The learned Senator from Bronx
10469
1 County, just a question or two if I may. One,
2 of the children born who are HIV-positive, is
3 there any way to determine which of the children
4 born will five months or whatever length of time
5 down the road not contract this insidious
6 disease permanently or at birth or while being
7 carried in the mother's womb?
8 ACTING PRESIDENT MAZIARZ:
9 Senator Velella.
10 SENATOR VELELLA: Senator, the
11 test is for the antibody which shows the
12 presence of the antibody that fights the disease
13 which means that the mother has the full blown
14 virus, the child may develop it.
15 To my knowledge, there is no way
16 to sort out those young infants that test
17 positive for the HIV antibody and which ones
18 will develop the full blown AIDS and which ones
19 will reject the antibody and develop normally
20 and have no problem in life.
21 SENATOR WALDON: Thank you.
22 Mr. President, if I may ask the
23 Senator another question.
10470
1 ACTING PRESIDENT MAZIARZ:
2 Senator Velella, would you continue to yield for
3 another question from Senator Waldon?
4 SENATOR VELELLA: Yes.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Waldon.
7 SENATOR WALDON: Senator, let's
8 talk about adults for just a minute.
9 The mother who may not know that
10 she has AIDS when tested, is the test only -- is
11 the information received from the test, in your
12 opinion, valid only in regard to the fetus or if
13 this parent is still sexually active, can this
14 information be used as a mechanism of alerting
15 the parent to what may occur in terms of
16 spreading the disease, et cetera?
17 SENATOR VELELLA: Unfortunately,
18 Senator, if I had my choice, it would be but,
19 unfortunately, because of the problem of trying
20 to get a bill passed in both houses, we cannot
21 mandate like we do for syphilis or for other
22 types of communicable diseases that other sexual
23 partners be notified.
10471
1 This bill is limited -- this bill
2 is limited only to the person involved, the
3 parent of the child. It goes no further than
4 that. I would have it go further but it
5 doesn't.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Waldon.
8 SENATOR WALDON: Mr. President,
9 if I may continue.
10 Senator, that wasn't the thrust
11 of my question.
12 SENATOR VELELLA: Oh, I'm sorry.
13 I misunderstood.
14 SENATOR WALDON: What I was
15 trying to ask you and I probably misstated it,
16 the fact that the woman who is positive is now
17 made aware that she's positive, in your opinion,
18 could this have any salutary effect in regard to
19 if she was to remain sexually active, at least
20 she knows that she is now a carrier. Is that -
21 SENATOR VELELLA: Assuming that
22 the woman would be as you and I would like her
23 to be a responsible adult individual, we would
10472
1 assume that she would use certain precautions so
2 she would not transmit the disease to her
3 partner in the future. That's an assumption we
4 would have to make.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Waldon.
7 SENATOR WALDON: Mr. President, I
8 thank you very much. I thank you, Senator
9 Velella.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect on the first day of
14 January.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 SENATOR PATERSON: Senator
18 Paterson, for what purpose do you rise?
19 SENATOR PATERSON: We would like
20 a slow roll call.
21 ACTING PRESIDENT MAZIARZ: Are
22 there five members who desire a slow roll call?
23 I see five members standing.
10473
1 ACTING PRESIDENT MAZIARZ: The
2 Secretary will call the roll slowly. Slow roll
3 call for everyone who is back in their office.
4 Let the record show that Senator Stafford is at
5 his seat. Commence the roll call. Senator
6 Stafford is here.
7 SENATOR STAFFORD: Thank you, Mr.
8 President. The sound of your voice is
9 reassuring.
10 THE SECRETARY: Senator Abate.
11 (Negative indication.)
12 Senator Babbush.
13 (There was no response.)
14 Senator Bruno.
15 (Affirmative indication.)
16 THE SECRETARY: Aye.
17 Senator Connor.
18 (Negative indication.)
19 THE SECRETARY: Nay.
20 Senator Cook.
21 (There was no response.)
22 Senator DeFrancisco.
23 SENATOR DeFRANCISCO: Yes.
10474
1 THE SECRETARY: Senator DiCarlo.
2 SENATOR DiCARLO: Aye.
3 THE SECRETARY: Senator
4 Dollinger.
5 SENATOR DOLLINGER: Mr.
6 President, to explain my vote.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Dollinger, to explain his vote.
9 SENATOR DOLLINGER: Mr.
10 President, I continue to applaud those who work
11 at this difficult issue.
12 I voted against this bill last
13 time because I was concerned about the need for
14 mandatory counseling and I believe that this
15 bill goes a long way to addressing the concerns
16 that I expressed last time.
17 However, I do not believe it
18 solves the problem. It's not an agreed on bill,
19 to my understanding. It doesn't resolve the
20 final bit of issues that need to be tucked away
21 before we will have an enlightened policy to
22 deal with the difficult issues of confidential
23 ity, the difficult issues of the rights and the
10475
1 best interest of the child after birth.
2 So while I think this bill goes a
3 ways to solving those problems and I applaud
4 Senator Velella for his continuing hard work on
5 this bill to try to get the right result, I
6 don't quite think we're there yet and so,
7 despite the fact that it goes part of the way,
8 it doesn't go far enough for this Senator, and I
9 will be voting in the negative.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Dollinger will be recorded in the
12 negative. The Clerk will resume the roll call
13 slowly.
14 THE SECRETARY: Senator Espada.
15 (There was no response.)
16 Senator Farley.
17 SENATOR FARLEY: Aye.
18 THE SECRETARY: Senator Galiber,
19 excused.
20 Senator Gold.
21 SENATOR GOLD: No.
22 THE SECRETARY: Senator Gonzalez.
23 SENATOR GONZALEZ: Yes.
10476
1 THE SECRETARY: Senator Goodman.
2 SENATOR GOODMAN: No.
3 THE SECRETARY: Senator Hannon.
4 SENATOR HANNON: Mr. President,
5 to explain my vote.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Hannon, to explain his vote.
8 SENATOR HANNON: Mr. President,
9 this -- this bill represents an evenhanded, I
10 think non-ideological approach to try to address
11 all of the issues that were raised during the
12 extensive discussions in the last two years.
13 It's hard to see what else could be added. The
14 whole need for the precounseling, prenatal
15 testing, the ability to identify those women
16 with AIDS so that lives can be saved through the
17 use of the AZT is a necessary thing and it's a
18 hope that the spirit that this is offered will
19 be met by the other house and the other side of
20 the aisle, the people voting no.
21 I vote in favor.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Hannon will be recorded in the
10477
1 affirmative. The Clerk will resume the roll
2 call.
3 THE SECRETARY: Senator Hoblock.
4 SENATOR HOBLOCK: Yes.
5 THE SECRETARY: Senator Hoffmann.
6 SENATOR HOFFMANN: Aye.
7 THE SECRETARY: Senator Holland.
8 (There was no response.)
9 Senator Johnson.
10 (There was no response.)
11 Senator Jones.
12 SENATOR JONES: Aye.
13 THE SECRETARY: Senator Kruger.
14 (There was no response.)
15 Senator Kuhl.
16 SENATOR KUHL: Aye.
17 THE SECRETARY: Senator Lack.
18 (There was no response.)
19 Senator Larkin.
20 SENATOR LARKIN: Aye.
21 THE SECRETARY: Senator LaValle.
22 SENATOR LAVALLE: Aye.
23 THE SECRETARY: Senator Leibell.
10478
1 SENATOR LEIBELL: Aye.
2 THE SECRETARY: Senator Leichter.
3 (There was no response.)
4 Senator Levy.
5 SENATOR LEVY: Aye.
6 THE SECRETARY: Senator Libous.
7 SENATOR LIBOUS: Aye.
8 THE SECRETARY: Senator Maltese.
9 SENATOR MALTESE: Aye.
10 THE SECRETARY: Senator
11 Marcellino.
12 SENATOR MARCELLINO: Yes.
13 THE SECRETARY: Senator Marchi.
14 SENATOR MARCHI: Aye.
15 THE SECRETARY: Senator
16 Markowitz.
17 SENATOR MARKOWITZ: No.
18 THE SECRETARY: Senator Maziarz.
19 SENATOR MAZIARZ: Yes.
20 THE SECRETARY: Senator Mendez.
21 SENATOR MENDEZ: Yes.
22 THE SECRETARY: Senator
23 Montgomery.
10479
1 (There was no response.)
2 Senator Nanula.
3 SENATOR NANULA: Aye.
4 THE SECRETARY: Senator Nozzolio.
5 SENATOR NOZZOLIO: Aye.
6 THE SECRETARY: Senator Onorato.
7 SENATOR ONORATO: Aye.
8 THE SECRETARY: Senator
9 Oppenheimer.
10 SENATOR OPPENHEIMER: Explain my
11 vote.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Oppenheimer, to explain her vote.
14 SENATOR OPPENHEIMER: I do think
15 that this bill has taken a giant step in the
16 right direction in that we all, I think,
17 universally applaud the mandatory counseling for
18 pregnant women.
19 I'm concerned somewhat about the
20 -- quite concerned about the exclusion of
21 pregnant women from the public health standards
22 that seem to exist for everything else, and it
23 is a one-house bill and I will be awaiting the
10480
1 two-house bill, an agreed upon bill and for now
2 I remain not satisfied.
3 ACTING PRESIDENT MAZIARZ: Excuse
4 me, Senator Oppenheimer. Could we have some
5 order in the chamber, please, so that Senator
6 Oppenheimer could explain her vote?
7 SENATOR OPPENHEIMER: I'm voting
8 no because I'm unsatisfied.
9 ACTING PRESIDENT MAZIARZ: Could
10 we have some order, please?
11 Senator Oppenheimer.
12 SENATOR OPPENHEIMER: I will be
13 voting no because I'm not satisfied yet with
14 this bill, but it is a step in the right
15 direction.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Oppenheimer will be recorded in the
18 negative. The Clerk will resume the roll call.
19 THE SECRETARY: Senator Padavan.
20 SENATOR PADAVAN: Yes.
21 THE SECRETARY: Senator Paterson.
22 SENATOR PATERSON: No.
23 THE SECRETARY: Senator Present.
10481
1 SENATOR PRESENT: Aye.
2 THE SECRETARY: Senator Rath.
3 SENATOR RATH: Aye.
4 THE SECRETARY: Senator Saland.
5 SENATOR SALAND: Aye.
6 THE SECRETARY: Senator Santiago.
7 (There was no response.)
8 Senator Sears.
9 SENATOR SEARS: Aye.
10 THE SECRETARY: Senator Seward.
11 (There was no response.)
12 Senator Skelos.
13 (Affirmative indication.)
14 Senator Smith.
15 (There was no response.)
16 Senator Solomon.
17 SENATOR SOLOMON: Yes.
18 THE SECRETARY: Senator Spano.
19 SENATOR SPANO: Aye.
20 THE SECRETARY: Senator
21 Stachowski.
22 (There was no audible response.)
23 Senator Stafford.
10482
1 SENATOR STAFFORD: Aye.
2 THE SECRETARY: Senator Stavisky.
3 SENATOR STAVISKY: Yes.
4 THE SECRETARY: Senator Trunzo.
5 (There was no response.)
6 Senator Tully.
7 SENATOR TULLY: Aye.
8 THE SECRETARY: Senator Velella.
9 SENATOR VELELLA: Aye.
10 THE SECRETARY: Senator Volker.
11 SENATOR VOLKER: Yes.
12 THE SECRETARY: Senator Waldon.
13 SENATOR WALDON: To explain my
14 vote.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Waldon, to explain his vote.
17 SENATOR WALDON: Mr. President,
18 my colleagues, this thing -- this phenomenon
19 that we face today is so invidious and so
20 insidious that I believe that whatever methods
21 we can use to disseminate information, to
22 discover where it is and to do all that we can
23 to help those that are afflicted we should do.
10483
1 I have heard amongst my
2 colleagues very valid and meaningful arguments,
3 vis-a-vis rights to privacy. While I believe
4 that this disease which, if left unchecked, can
5 wipe us all out, can change the face of this
6 earth in terms of its population in every corner
7 of this earth, is so much a danger -- of a
8 danger to all of us, that what little steps we
9 can take to diminish its negative impact, to
10 distribute information, to educate and to alert
11 those who are being touched by its
12 insidiousness, we have a moral obligation to do
13 and that moral obligation is higher and more
14 important and stronger than other obligations.
15 Therefore, I must support this legislation.
16 I vote yes.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Waldon will be recorded in the
19 affirmative.
20 Continue the roll.
21 THE SECRETARY: Senator Wright.
22 SENATOR WRIGHT: Aye.
23 ACTING PRESIDENT MAZIARZ: The
10484
1 Clerk will call the absentees.
2 THE SECRETARY: Senator Babbush.
3 SENATOR BABBUSH: Yes.
4 THE SECRETARY: Senator Cook.
5 SENATOR COOK: Yes.
6 THE SECRETARY: Senator Espada.
7 (There was no response.)
8 Senator Holland.
9 SENATOR HOLLAND: Yes.
10 THE SECRETARY: Senator Johnson.
11 SENATOR JOHNSON: Aye.
12 THE SECRETARY: Senator Kruger.
13 (There was no response.)
14 Senator Lack.
15 SENATOR LACK: Aye.
16 THE SECRETARY: Senator Leichter.
17 (There was no response.)
18 Senator Montgomery.
19 SENATOR MONTGOMERY: No.
20 THE SECRETARY: Senator Santiago.
21 (There was no response.)
22 Senator Seward.
23 (There was no response.)
10485
1 Senator Smith.
2 (There was no response.)
3 Senator Trunzo.
4 (There was no response.)
5 ACTING PRESIDENT MAZIARZ:
6 Results.
7 THE SECRETARY: Ayes 44, nays 9.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 SENATOR LEVY: Mr. President.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Levy.
13 SENATOR LEVY: Yes. How was I
14 recorded on this bill, Mr. President?
15 ACTING PRESIDENT MAZIARZ:
16 Senator Levy was recorded in the affirmative.
17 SENATOR LEVY: Thank you.
18 ACTING PRESIDENT MAZIARZ: You're
19 welcome.
20 Senator Present.
21 SENATOR PRESENT: Mr. President,
22 I move we adopt the Resolution Calendar with the
23 exception of Resolution 1685.
10486
1 ACTING PRESIDENT MAZIARZ: All in
2 favor of adopting the calendar with the one
3 exception signify by saying aye.
4 (Response of "Aye".)
5 Opposed, nay.
6 (There was no response.)
7 The Resolution Calendar is
8 adopted.
9 Senator Present.
10 SENATOR PRESENT: Mr. President,
11 could you call up Resolution 1685 and recognize
12 Senator DiCarlo.
13 ACTING PRESIDENT MAZIARZ: The
14 Clerk -- Senator DiCarlo.
15 SENATOR DiCARLO: Thank you, Mr.
16 President.
17 I ask that Resolution 1685 be
18 read in its entirety.
19 ACTING PRESIDENT MAZIARZ: The
20 Clerk will read Resolution 1685 in its entirety,
21 please.
22 THE SECRETARY: By Senators
23 DiCarlo, Bruno, Hoblock and Wright, Legislative
10487
1 Resolution commending U.S. Air Force Captain
2 Scott O'Grady.
3 WHEREAS, it is the sense of this
4 legislative body that those who give positive
5 definition to the profile and disposition of our
6 American Armed Forces do so profoundly
7 strengthen our shared commitment to the exercise
8 of freedom; and
9 WHEREAS, attendant to such
10 concern and fully in accord with its long
11 standing traditions, it is the intent of this
12 legislative body to commend Air Force Captain
13 Scott O'Grady upon being rescued from hostile
14 territory after being shot down while flying a
15 mission for the North Atlantic Treaty
16 Organization; and
17 WHEREAS, the Brooklyn born
18 fighter was flying an escort mission for
19 N.A.T.O. on Friday, June 2nd, 1995 when his F-16
20 was shot down by Bosnian Serbs with a
21 surface-to-air missile.
22 Captain O'Grady survived in
23 hostile territory for six days through the use
10488
1 of his military survival training by eating
2 insects and drinking rainwater until he was
3 rescued on Thursday, June 8th.
4 Captain O'Grady was located by
5 U.S. radar early on the morning of June 8th and
6 a contingent of 40 aircraft from the U.S.S.
7 Kearsarge was dispatched from the Adriatic Sea
8 with the 24th Marine Expeditionary Unit on board
9 two helicopters.
10 The Marine force flying on two
11 CH-53 Super Stallion helicopters was escorted by
12 four Harrier jump-jets and two Cobra helicopters
13 in tight formation, along with F-16 and F-15
14 fighters, in addition to a special operations
15 team held in reserve over the Adriatic; and
16 WHEREAS, seeing a plume of yellow
17 smoke, the Marines were able to find a clearing
18 and pull Captain O'Grady out of dense forest
19 behind the Bosnian Serb lines and return him to
20 the U.S.S. Kearsarge without taking any
21 casualties; now, therefore, be it
22 RESOLVED, that this legislative
23 body pause in its deliberations and commend U.S.
10489
1 Air Force Captain Scott O'Grady recognizing his
2 ability and training while also recognizing the
3 contributions of all the men and women of the
4 United States Armed Forces who serve this
5 country so valiantly and honorably to maintain
6 our international commitments and the ideals of
7 freedom which are our American heritage; and be
8 it further
9 RESOLVED, that a copy of this
10 resolution, suitably engrossed, be transmitted
11 to U.S. Air Force Captain Scott O'Grady.
12 ACTING PRESIDENT MAZIARZ:
13 Senator DiCarlo.
14 SENATOR DiCARLO: Thank you, Mr.
15 President.
16 I rise in support of this
17 resolution and I think it appropriate that we
18 here in the New York State Senate recognize what
19 Captain O'Grady did for his country, did in the
20 cause of saving lives and obviously, to me, his
21 great abilities come from the fact that he is a
22 New York born individual and most especially
23 because he is a Brooklyn born New Yorker, so I
10490
1 commend Captain O'Grady.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator DiCarlo. The question -
4 SENATOR DiCARLO: Also, Mr.
5 President -
6 ACTING PRESIDENT MAZIARZ:
7 Senator DiCarlo.
8 SENATOR DiCARLO: I would also
9 take this opportunity for any other members in
10 the house who would wish to co-sponsor this
11 resolution, I would like to open it up for the
12 rest of the membership.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Gold.
15 SENATOR GOLD: That was my only
16 question.
17 ACTING PRESIDENT MAZIARZ: Why
18 don't we put every member of the house on the
19 resolution and those who do not want to be on
20 the resolution can notify the desk.
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 on behalf of Senator Bruno, he would like to
10491
1 offer that same option to members to co-sponsor
2 Resolution 1650 which commemorates the 75th
3 anniversary of the American Legion.
4 ACTING PRESIDENT MAZIARZ:
5 Everyone will also be placed on Resolution 1650
6 as well unless they notify the desk otherwise.
7 The Chair recognizes Senator
8 Maltese.
9 SENATOR MALTESE: Mr. President,
10 I would like to take the opportunity to open up
11 Resolution 1672 commemorating the 150th
12 anniversary of the New York Police Department.
13 ACTING PRESIDENT MAZIARZ: That
14 was 1672, Senator?
15 SENATOR MALTESE: Yes, Mr.
16 President.
17 ACTING PRESIDENT MAZIARZ: The
18 Chair will also direct that everyone be placed
19 on Resolution 1672 commemorating the 150th
20 anniversary of the New York Police Department
21 unless they so notify the desk.
22 Senator Present.
23 SENATOR PRESENT: Mr. President,
10492
1 can we return to reports of standing
2 committees? I believe there's a report of the
3 Rules Committee at the desk.
4 ACTING PRESIDENT MAZIARZ: The
5 Secretary will read.
6 THE SECRETARY: Senator Bruno,
7 from the Committee on Rules, reports the
8 following bills:
9 Senate Print 2771, by Senator
10 Waldon, an act to amend the Election Law, in
11 relation to requiring notice;
12 3226, by Senator Dollinger, an
13 act to authorize the town of Brighton, Monroe
14 County to convert to a benefit derived method;
15 3256, by Senator Spano, an act to
16 amend the Retirement and Social Security Law, in
17 relation to peace officers;
18 3982, by Senator Nozzolio, an act
19 to amend the Vehicle and Traffic Law, in
20 relation to authorizing a residential parking
21 system;
22 4028, by Senator Velella, an act
23 to amend the Public Authorities Law and the
10493
1 Public Health Law, in relation to establishment,
2 financing and construction of a New York State
3 veterans home;
4 4322-A, by Senator Skelos, an act
5 to amend the Executive Law, in relation to
6 transaction involving services;
7 4416-A, by Senator Velella, an
8 act to amend the Insurance Law, in relation to
9 continuing education;
10 4567, by Senator Oppenheimer, an
11 act to authorize tier 1 status to John P.
12 Cossifos;
13 4827-A, by Senator Maziarz, an
14 act to amend the Public Authorities Law, in
15 relation to the financing and construction of
16 certain facilities;
17 5267, by Senator Tully, an act to
18 amend the Nassau County Civil Divisions Act, in
19 relation to the qualifications of voters;
20 5290, by Senator Spano, an act to
21 amend the Real Property Tax Law, in relation to
22 a cooperative real property tax administration
23 system;
10494
1 5318, by Senator Bruno, an act to
2 amend the Vehicle and Traffic Law, in relation
3 to authorizing the city of Troy to adopt a
4 residential parking system;
5 5335-A, by Senator Trunzo, an act
6 to amend the Administrative Code of the city of
7 New York, in relation to providing for transfer
8 of the assets;
9 5349, by Senator Larkin, an act
10 to amend Chapter 708 of the Laws of 1992,
11 amending the General Municipal Law and others;
12 5376, by Senator Nozzolio, an act
13 to amend Chapter 754 of the Laws of 1985,
14 relating to authorizing the county of Monroe;
15 5382, by Senator Larkin, an act
16 in relation to the Real Property Tax Law levied
17 for library purposes;
18 5389, by Senator Goodman, an act
19 to authorize the conveyance of certain lands to
20 the Brooklyn Academy of Music;
21 5391, by the Senate Committee on
22 Rules, an act to authorize the Department of
23 Social Services to contract for chronic care
10495
1 management demonstration program;
2 5394, by the Senate Committee on
3 Rules, an act to amend the Public Health Law, in
4 relation to utilization review agents;
5 5396-A, by Senator Skelos, an act
6 in relation to authorizing service awards for
7 the Lawrence-Cedarhurst Fire Department, Inc;
8 5403, by Senator Nozzolio, an act
9 to amend the Penal Law, in relation to estab
10 lishing the crime of aggravated harassment;
11 5404, by the Senate Committee on
12 Rules, an act to amend the Public Authorities
13 Law and the Education Law, in relation to
14 providing for the financing and construction of
15 capital facilities;
16 5418, by Senator Holland, an act
17 to amend the Public Health Law, in relation to
18 authorizing the Mid-Hudson Emergency Medical
19 Service Council;
20 5421, by Senator Trunzo, an act
21 to amend the Administrative Code of the city of
22 New York, in relation to providing for transfer;
23 5427, by Senator Levy, an act to
10496
1 amend the Vehicle and Traffic Law, in relation
2 to escort vehicle driver requirements;
3 And 5447, by Senator Rath, an act
4 to amend the Executive Law, in relation to
5 changing the name of the Office for Regulatory
6 and Management Assistance;
7 All bills ordered directly for
8 third reading.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Present.
11 SENATOR PRESENT: I move we
12 accept the Rules report.
13 ACTING PRESIDENT MARCELLINO: All
14 in favor of accepting the Rules -- the report of
15 the Rules Committee signify by saying aye.
16 (Response of "Aye".)
17 Those opposed, nay.
18 (There was no response.)
19 The report is accepted.
20 Senator Present.
21 SENATOR PRESENT: Mr. President,
22 let's take up the non-controversial on Senate
23 Supplemental Calendar Number 2.
10497
1 ACTING PRESIDENT MARCELLINO: The
2 Secretary will read the non-controversial
3 calendar.
4 THE SECRETARY: Calendar Number
5 1389, by Senator Waldon, Senate Print 2771, an
6 act to amend the Election Law, in relation to
7 requiring notice of certain civil penalties.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1401, by Senator Dollinger, Senate Print 3226,
20 an act to authorize the town of Brighton, Monroe
21 County to convert.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll. I'm sorry. Read the last
10498
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 59.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1410, by Senator Spano, Senate Print 3256, an
12 act to amend the Retirement and Social Security
13 Law, in relation to peace officers.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
10499
1 THE SECRETARY: Calendar Number
2 1411, by Senator Nozzolio, Senate Print 3982, an
3 act to amend the Vehicle and Traffic Law, in
4 relation to authorizing a residential parking
5 system.
6 ACTING PRESIDENT MARCELLINO:
7 There is a home rule -- there is a home rule
8 message at the desk. Read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1412, by Senator Velella, Senate Print 4028, an
19 act to amend the Public Authorities Law and the
20 Public Health Law, in relation to establishment,
21 financing and construction.
22 ACTING PRESIDENT MARCELLINO:
23 Read the last section.
10500
1 THE SECRETARY: Section 6. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 59.
7 ACTING PRESIDENT MARCELLINO: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1413 -
11 ACTING PRESIDENT MARCELLINO: The
12 bill is high. Lay it aside.
13 THE SECRETARY: Senator Velella
14 moves to discharge from the Committee on Rules,
15 Assembly Bill Number 6124-A and substitute it
16 for the identical Calendar Number 1414.
17 ACTING PRESIDENT MARCELLINO: The
18 substitution is ordered.
19 THE SECRETARY: Calendar Number
20 1414, by Member of the Assembly Grannis,
21 Assembly Print 6124-A, an act to amend the
22 Insurance Law, in relation to continuing
23 education.
10501
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 59.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1415, by Senator Oppenheimer -
13 ACTING PRESIDENT MARCELLINO:
14 There is no home rule message at the desk. Lay
15 the bill aside.
16 THE SECRETARY: Calendar Number
17 1416, by Senator Maziarz -
18 ACTING PRESIDENT MARCELLINO: The
19 bill is high. Lay it aside.
20 THE SECRETARY: Calendar Number
21 1417, by Senator Tully, Senate Print 5267, an
22 act to amend the Nassau County Civil Divisions
23 Act, in relation to the qualifications of
10502
1 voters.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1418, by Senator Spano, Senate Print 5290, an
14 act to amend the Real Property Tax Law, in
15 relation to a cooperative real property tax
16 administration system.
17 ACTING PRESIDENT MARCELLINO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MARCELLINO:
22 Call the roll.
23 (The Secretary called the roll.)
10503
1 THE SECRETARY: Ayes 59.
2 ACTING PRESIDENT MARCELLINO: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1419, by Senator Bruno -
6 ACTING PRESIDENT MARCELLINO:
7 There is a home rule message at the desk.
8 THE SECRETARY: -- Senate Print
9 5318, an act to amend the Vehicle and Traffic
10 Law, in relation to authorizing the city of Troy
11 to adopt a residential parking system.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 59.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1420, by Senator Trunzo -
10504
1 ACTING PRESIDENT MARCELLINO:
2 Bill is high. Lay it aside.
3 THE SECRETARY: Calendar Number
4 1421, by Senator Larkin, Senate Print 5349, an
5 act to amend Chapter 708 of the Laws of 1992.
6 ACTING PRESIDENT MARCELLINO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 59.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1422, by Senator Nozzolio, Senate Print 5376, an
18 act to amend Chapter 754 of the Laws of 1985.
19 ACTING PRESIDENT MARCELLINO:
20 There is a home rule message at the desk. Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
10505
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 59.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1423, by Senator Larkin, Senate Print 5382, an
9 act in relation to the real property tax levied
10 for library purposes.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 1424, by Senator Goodman, Senate Print 5389, an
23 act to authorize the conveyance of certain lands
10506
1 to the Brooklyn Academy of Music, Incorporated.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1425, by Senator -
14 SENATOR PRESENT: Lay it aside
15 temporarily.
16 ACTING PRESIDENT MARCELLINO: Lay
17 the bill aside temporarily.
18 THE SECRETARY: Calendar Number
19 1426, by the Senate Committee on Rules, Senate
20 Print 5394, an act to amend the Public Health
21 Law, in relation to utilization review agents.
22 SENATOR PATERSON: Lay it aside,
23 please.
10507
1 ACTING PRESIDENT MARCELLINO: Lay
2 it aside.
3 THE SECRETARY: Calendar Number
4 1427, by Senator Skelos, Senate Print 5396-A, an
5 act -
6 SENATOR PATERSON: The bill is
7 high. Lay it aside.
8 THE SECRETARY: Calendar Number
9 1428, by Senator Nozzolio -
10 ACTING PRESIDENT MARCELLINO: The
11 bill is high. Lay it aside.
12 THE SECRETARY: Calendar Number
13 1429, by the Senate Committee on Rules, Senate
14 Print 5404 -
15 SENATOR PATERSON: Lay it aside.
16 ACTING PRESIDENT MARCELLINO: Lay
17 the bill aside, please.
18 THE SECRETARY: Calendar Number
19 1430, by Senator Holland, Senate Print 5418, an
20 act to amend the Public Health Law, in relation
21 to authorizing the Mid-Hudson Emergency Medical
22 Service Council.
23 ACTING PRESIDENT MARCELLINO:
10508
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 30th day.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 59.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1431 -
12 ACTING PRESIDENT MARCELLINO: The
13 bill is high. Lay it aside.
14 THE SECRETARY: Calendar Number
15 1432, by Senator Levy, Senate Print 5427, an act
16 to amend the Vehicle and Traffic Law, in
17 relation to escort vehicle driver requirements.
18 ACTING PRESIDENT MARCELLINO:
19 Senator Present.
20 SENATOR PRESENT: Is there a
21 message of necessity at the desk on this bill?
22 ACTING PRESIDENT MARCELLINO:
23 There is a message of necessity at the desk,
10509
1 Senator.
2 SENATOR PRESENT: I move that we
3 accept the message.
4 ACTING PRESIDENT MARCELLINO: All
5 in favor aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The message is accepted.
10 Read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on January 1.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1433, by Senator Rath -
21 ACTING PRESIDENT MARCELLINO: The
22 bill is high. Lay it aside.
23 ACTING PRESIDENT MARCELLINO:
10510
1 Senator Present -- Senator Gold.
2 SENATOR GOLD: Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Yes, Senator Gold.
5 SENATOR GOLD: I understand that
6 the bill is being laid aside as being high, but
7 I would want to alert the Majority that -
8 ACTING PRESIDENT MARCELLINO:
9 Senator Gold, which bill are you referring to,
10 the last one read?
11 SENATOR GOLD: Yeah, 1433. I
12 would like to alert the Majority that at first
13 blush there seems to be a question as to the
14 propriety of the legislation since it indicates
15 it was introduced June 14th, which was yesterday
16 at the request of the Governor and the rules
17 that were promulgated by the Majority, I
18 believe, would be violated by this piece of
19 legislation and I know how serious Senator Bruno
20 is about this -- God bless you -- about -
21 ACTING PRESIDENT MARCELLINO:
22 Excuse me, Senator Gold. Excuse me one second.
23 Please. I'm sorry.
10511
1 SENATOR GOLD: I just wanted to
2 point that out, since we're not dealing with the
3 bill, it may not be an issue, but if the bill
4 does come up again, it might very well become an
5 issue.
6 SENATOR SKELOS: Mr. President.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Skelos, why do you rise?
9 SENATOR SKELOS: Just in a polite
10 response, I believe there's one major differ
11 ence. We have a new administration that came
12 into office in January, a new administration in
13 place. I believe Senator Dollinger has been in
14 place for about two -- two years, six months and
15 15 days, not that we're counting, Senator
16 Dollinger, and I think we should have a little
17 flexibility with the new administration,
18 understanding that it's a first-time budget,
19 first-time session, and we're just trying to
20 cooperate with the new administration.
21 SENATOR GOLD: Mr. President.
22 ACTING PRESIDENT MARCELLINO:
23 Senator Gold.
10512
1 SENATOR GOLD: Senator Skelos
2 said that he would be polite. I was shocked to
3 hear that. I can't imagine him being anything
4 but polite. So let it be with Caesar.
5 ACTING PRESIDENT MARCELLINO: The
6 record will read that Senator Gold thinks that
7 Senator Skelos is polite at all times.
8 SENATOR GOLD: Mr. President, I
9 don't know how Senator Dollinger gets into this.
10 ACTING PRESIDENT MARCELLINO: He
11 gets into everything, Senator.
12 SENATOR GOLD: That poor man has
13 been exemplary today. We went in at 10:00
14 o'clock. I have seen a cooperative,
15 distinguished, bright, alert gentleman from
16 Rochester and I don't know why he gets brought
17 into this. You always look for a target, I
18 don't know why, but the bottom line is, Mr.
19 President, I don't have with me any records on
20 Mario Cuomo or any records on Hugh Carey or
21 Malcolm Wilson or Nelson Rockefeller, but I
22 think that program bills went in all along. If
23 George Pataki didn't do it, that's okay, I don't
10513
1 -- I think he's in the press every day taking
2 credit for things which is fine anyway, but all
3 I'm saying, Senator Skelos, is that you control
4 the rules. If you want to amend the rules, I'm
5 not telling you I would oppose an intelligent
6 amendment to the rules. I'm not even saying,
7 Senator Skelos, I would oppose a motion to
8 suspend the rules if it was appropriate.
9 All I'm saying, Senator Skelos,
10 is that if it turns out that you want to deal
11 with this bill, it might very well be in
12 violation of existing rules, and I know that
13 that would give Senator Bruno a rash and I
14 wouldn't want that to happen.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Present, what's your pleasure?
17 SENATOR PRESENT: Mr. President,
18 can we return to the original calendar, 425.
19 ACTING PRESIDENT MARCELLINO: The
20 Secretary will read Calendar Number 425.
21 THE SECRETARY: Calendar Number
22 425, by Senator Saland, Senate Print 2113-B, an
23 act to amend the Family Court Act, in relation
10514
1 to authorizing the court to permit a petitioner.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Present.
4 SENATOR PRESENT: Is there a
5 message of necessity at the desk?
6 ACTING PRESIDENT MARCELLINO:
7 Yes, Senator Present, there is a message of
8 necessity at the desk.
9 SENATOR PRESENT: I move that we
10 accept the message.
11 ACTING PRESIDENT MARCELLINO: All
12 those in favor of accepting the message of
13 necessity vote aye.
14 (Response of "Aye".)
15 Those opposed.
16 (There was no response.)
17 The message is accepted.
18 The Secretary will read the last
19 section.
20 THE SECRETARY: Section 12. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT MARCELLINO:
10515
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 Senator Present.
7 SENATOR PRESENT: Mr. President,
8 can we take up Calendar Number 607.
9 ACTING PRESIDENT MARCELLINO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 607, by Senator Saland, Senate Print 3918-A, an
13 act to amend the Public Housing Law, in relation
14 to creating the town of Patterson Housing
15 Authority.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Present.
18 SENATOR PRESENT: Mr. President,
19 is there a message of necessity at the desk on
20 Calendar Number -
21 ACTING PRESIDENT MARCELLINO:
22 Yes, there is, Senator.
23 SENATOR PRESENT: I move that we
10516
1 accept the message.
2 ACTING PRESIDENT MARCELLINO:
3 Move to accept the message of necessity. All
4 those in favor say aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The message is accepted.
9 Read the last section, please.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 Senator Leibell.
19 SENATOR LEIBELL: Abstain.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Leibell abstains, without objection.
22 Senator Present.
23 SENATOR PRESENT: Mr. President,
10517
1 can we take up Calendar Number 543.
2 ACTING PRESIDENT MARCELLINO: The
3 Secretary will read Calendar 543.
4 THE SECRETARY: Calendar Number
5 543, by Senator Lack, Senate Print 1465-B, an
6 act in relation to the real property tax
7 assessed by the town of Smithtown.
8 SENATOR PRESENT: Mr. President,
9 is there a message of necessity at the desk?
10 ACTING PRESIDENT MARCELLINO:
11 Yes, Senator Present, there is.
12 SENATOR PRESENT: I move that we
13 accept the message.
14 ACTING PRESIDENT MARCELLINO: All
15 those in favor of accepting the message of
16 necessity signify by saying aye.
17 (Response of "Aye".)
18 Opposed, nay.
19 (There was no response.)
20 The message is accepted.
21 Read the last section, please.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
10518
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 59.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 Senator Present, we have some
8 housekeeping at the desk. Why don't we take
9 that up.
10 SENATOR PRESENT: Take up the
11 housekeeping.
12 ACTING PRESIDENT MARCELLINO: The
13 Chair recognizes Senator DiCarlo.
14 SENATOR DiCARLO: Mr. President,
15 on behalf of Senator Levy, I wish to call up his
16 bill, Print 4985-A, recalled from the Assembly
17 which is now at the desk.
18 ACTING PRESIDENT MARCELLINO: The
19 Secretary will read.
20 THE SECRETARY: Calendar Number
21 875, by Senator Levy, Senate Print 4985-A, an
22 act to amend the Transportation Law.
23 SENATOR DiCARLO: Mr. President,
10519
1 I now move to reconsider the vote by which this
2 bill was passed.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the roll on
6 reconsideration.)
7 THE SECRETARY: Ayes 59.
8 SENATOR DiCARLO: Mr. President,
9 I now offer the following amendments.
10 ACTING PRESIDENT MARCELLINO: The
11 amendments accepted. The house will come to
12 order.
13 Senator Present.
14 SENATOR PRESENT: Mr. President,
15 can we take up Calendar Number 993.
16 ACTING PRESIDENT MARCELLINO: The
17 Secretary will -- the Clerk will read Calendar
18 Number 993.
19 THE SECRETARY: Calendar Number
20 993, by Senator Leibell, Senate Print 5009, an
21 act to amend the Administrative Code of the city
22 of New York, in relation to access to correct
23 housing maintenance code violation.
10520
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 SENATOR PATERSON: Explanation.
4 ACTING PRESIDENT MARCELLINO:
5 Explanation has been asked for, Senator Leibell.
6 SENATOR LEIBELL: This is the one
7 we did the other day, Senator. I would repeat
8 the explanation I gave the other day. We had
9 gone through an extensive discussion on this
10 issue. To confer jurisdiction upon the housing
11 part of the New York City Civil Court to
12 entertain applications for landlords for orders
13 requiring tenants to provide access to their
14 apartments when such access is necessary to
15 permit the owner to correct violations.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Paterson.
18 SENATOR PATERSON: Thank you.
19 I just wanted to put on the
20 record that we had discussed this bill the other
21 day, Senator Leibell and myself, and due to the
22 lateness of the session, I'm sure that there are
23 bills we haven't gone through the first time so
10521
1 we don't need any summer reruns from myself and
2 Senator Leibell, and so you can read the last
3 section, Mr. President.
4 ACTING PRESIDENT MARCELLINO:
5 Read the last section, please.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MARCELLINO:
9 Call the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT MARCELLINO:
12 Please indicate the vote when the votes are
13 tabulated.
14 SENATOR GOLD: Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 Senator Gold, to explain your vote, sir?
17 SENATOR GOLD: Yeah. I don't
18 want to slow this up any more than our
19 distinguished Deputy Minority Leader, but I
20 think for people who may be listening but not in
21 the chamber, this is legislation which Senator
22 Paterson and I think myself the other day
23 pointed out does not really leave a level
10522
1 playing field, because while it does take into
2 consideration -
3 ACTING PRESIDENT MARCELLINO:
4 Excuse me, Senator Gold. Please, ladies and
5 gentlemen, you can just about hear him up here.
6 Senator Gold.
7 SENATOR GOLD: While it does take
8 into consideration a problem on the landlord
9 part of this equation, it does not really take
10 into account the problems it will be causing for
11 the tenant population. It does not, for
12 example, really require the landlord to do
13 enough in advance before they take someone away
14 from employment, et cetera, et cetera. So for
15 those people who may have had to leave the
16 chamber for a short period of time and may be
17 listening, this am the bill, that's the problem.
18 I vote in the negative.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Gold will be recorded in the negative.
21 State the results when you have them.
22 THE SECRETARY: Those recorded in
23 the negative on Calendar Number 993 are Senators
10523
1 Abate, Babbush, Connor, Gold, Gonzalez,
2 Markowitz, Montgomery, Padavan, Paterson,
3 Solomon; also Senator Onorato; also Senator
4 Oppenheimer; also Senator Goodman; also Senator
5 Velella.
6 ACTING PRESIDENT MARCELLINO:
7 Senator DiCarlo.
8 THE SECRETARY: Also, Senator
9 DiCarlo.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Spano.
12 THE SECRETARY: And Senator
13 Spano.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Maltese.
16 THE SECRETARY: Also, Senator
17 Maltese. Ayes 42, nays 17.
18 ACTING PRESIDENT MARCELLINO: The
19 bill is passed.
20 Senator Present.
21 SENATOR PRESENT: Can we take up
22 Calendar 1426.
23 ACTING PRESIDENT MARCELLINO:
10524
1 Clerk will read Calendar 1426.
2 THE SECRETARY: Calendar Number
3 1426, by the Committee on Rules, Senate Print
4 5394, an act to amend the Public Health Law, in
5 relation to regulating utilization review
6 agencies.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section, please.
9 SENATOR PATERSON: Explanation.
10 ACTING PRESIDENT MARCELLINO:
11 Explanation has been called for. Senator Hannon
12 will give it. Senator Hannon.
13 SENATOR HANNON: Yes, Mr.
14 President. A couple of days ago we passed a
15 bill that would apply the same type of
16 utilization review standards just to health
17 maintenance organizations. Now, the point was
18 made that these universal standards ought to
19 apply across the board to entities or employers
20 that provide all health care services including
21 the preferred provider organizations, third
22 party programs that provide health care
23 services, insurers under Articles 32, 42 or 43
10525
1 of the Insurance Law, HMOs, and a couple of
2 others, and then we have exclusions for things
3 that might well be excluded that are contained
4 in page 2 of the bill.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect -
9 ACTING PRESIDENT MARCELLINO:
10 Senator Paterson. Excuse me.
11 SENATOR PATERSON: Mr. President,
12 this bill involves review of the utili...
13 utilization review agents who are the ones who
14 determine whether or not these claims are going
15 to be paid out. I know that you've had this
16 bill on for a couple of years, Senator Hannon.
17 Is there any chance that this is going to be
18 negotiated?
19 ACTING PRESIDENT MARCELLINO:
20 Senator Hannon, do you yield for a question?
21 SENATOR HANNON: Yes, I do.
22 This -- in one major sense, this
23 utilization review here is fundamentally
10526
1 different than the past approaches. The past
2 approaches were all home grown TAG regulation of
3 the state and looking just to use the exist...
4 the standards that would be imposed by the
5 state, the Department of Health.
6 What this seeks to do is to use
7 the national standards, URAC, it's a
8 not-for-profit organization at the national
9 level that has come up with utilization review
10 and it really applies in a couple of different
11 ways. One is as providing a system for the
12 customer to appeal in the event that procedures
13 they feel ought to be granted are not granted.
14 Second, there would be a system
15 for the physician to appeal in case something
16 should be given to one of their patients that's
17 not given.
18 Third, it is a way for people
19 providing the care to take a uniform look at the
20 types of care that's being given and it also
21 goes beyond that, to provide for standards of
22 confidentiality, standards of quality, so it's a
23 much broader approach, and it's a whole -
10527
1 fundamentally, this would be a different bill
2 than you've seen in the past.
3 ACTING PRESIDENT MARCELLINO:
4 Read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MARCELLINO:
8 Call the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT MARCELLINO:
12 This bill is passed.
13 Just to let everyone know we're
14 awaiting some information. Let the record
15 reveal that this never occurred when Senator
16 Kuhl was in the chair.
17 SENATOR GOODMAN: Mr. President,
18 may I inquire?
19 ACTING PRESIDENT MARCELLINO:
20 Senator Goodman, why do you rise?
21 SENATOR GOODMAN: Have you taken
22 measures to brace the handle on that gavel
23 because I fear, even if you tap it gently, it
10528
1 will be under enormous strain.
2 ACTING PRESIDENT MARCELLINO:
3 Sir, this gavel is well reinforced.
4 SENATOR GOODMAN: Thank you,
5 sir. Mr. Chairman.
6 SENATOR STAVISKY: Mr. President,
7 are we -
8 ACTING PRESIDENT MARCELLINO:
9 We're in a brief pause.
10 Senator Stavisky will be
11 recognized. Will the chamber please come to
12 order.
13 SENATOR STAVISKY: Without
14 objection, may I be recorded in the negative on
15 Calendar Number 993?
16 ACTING PRESIDENT MARCELLINO:
17 Senator Stavisky will be recorded in the
18 negative on Calendar -
19 SENATOR STAVISKY: 993.
20 ACTING PRESIDENT MARCELLINO:
21 993. Senator Waldon, why do you rise?
22 SENATOR WALDON: Senator, without
23 objection, if there is none, in the negative on
10529
1 Calendar 993.
2 ACTING PRESIDENT MARCELLINO:
3 Without objection, so ordered.
4 Senator Present?
5 Senator Trunzo.
6 SENATOR TRUNZO: Mr. President,
7 1409, I understand there was a slow roll call.
8 I was not in the chamber at the time. Had I
9 been there, I would have been recorded in the
10 affirmative.
11 ACTING PRESIDENT MARCELLINO: The
12 record will reflect that had you been in the
13 chamber at the time, you would have been
14 recorded in the affirmative.
15 SENATOR TRUNZO: Thank you.
16 SENATOR PRESENT: Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Present.
19 SENATOR PRESENT: Mr. President,
20 can we take up Calendar 1429.
21 ACTING PRESIDENT MARCELLINO: The
22 clerk will read Calendar Number 1429.
23 SENATOR PRESENT: Mr. President,
10530
1 that's on Senate Supplemental Calendar Number
2 2.
3 THE SECRETARY: Calendar Number
4 1429, by the Senate Committee on Rules, Senate
5 Print 5404, an act to amend the Public
6 Authorities Law and the Education Law, in
7 relation to providing for the financing and
8 construction of capital facilities.
9 SENATOR PATERSON: Explanation,
10 please.
11 ACTING PRESIDENT MARCELLINO: An
12 explanation has been asked for by the Minority
13 Leader.
14 SENATOR PRESENT: Mr. President,
15 this would allow school districts outside the
16 city of New York to finance their school
17 construction individually or collectively
18 through the Dormitory Authority.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Paterson? Senator Stachowski.
21 SENATOR STACHOWSKI: If the
22 Senator would yield for a question, please.
23 ACTING PRESIDENT MARCELLINO:
10531
1 Senator Present, do you yield to Senator
2 Stachowski?
3 SENATOR PRESENT: Yes, sir.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Stachowski, Senator Present yields.
6 SENATOR STACHOWSKI: Would the
7 rehab and the reconstruction, for example, of
8 Buffalo and the other cities other than the city
9 of New York, where the schools are older and
10 sort of in bad shape, would that all qualify for
11 this funding also?
12 SENATOR PRESENT: Yes, they would
13 be eligible.
14 SENATOR STACHOWSKI: If the
15 Senator would continue to yield.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Present, do you continue to yield?
18 SENATOR PRESENT: Yes.
19 ACTING PRESIDENT MARCELLINO: He
20 continues to yield, sir.
21 SENATOR STACHOWSKI: I would
22 think that would be a rather high proposition
23 and is there a ceiling on how much Dormitory
10532
1 Authority money we're going to be allowed to use
2 for this particular program, or is there a
3 problem with how much they make available or is
4 the sky the limit, so to speak, on which schools
5 can come in and get rehab'ed and -
6 SENATOR PRESENT: They'll all be
7 by bonding that the schools will be doing any
8 way. They'll bond through the Dormitory
9 Authority, but there will be no limit on it, no
10 cap.
11 SENATOR STACHOWSKI: Well, if the
12 Senator would yield for one more question then.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Present, do you continue to yield?
15 SENATOR PRESENT: I'll try.
16 ACTING PRESIDENT MARCELLINO:
17 He'll try.
18 SENATOR STACHOWSKI: Tell me if
19 I'm right or wrong on this. The schools will
20 decide what they want to fix. They'll use
21 Dormitory Authority bonding and then they will
22 be paying it back, the school district will be
23 paying it back; that's how it works?
10533
1 SENATOR PRESENT: Exactly.
2 SENATOR STACHOWSKI: Thank you.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Paterson.
5 SENATOR PATERSON: Mr. President,
6 if Senator Present would yield for just a couple
7 of questions.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Present, do you yield to Senator
10 Paterson?
11 SENATOR PRESENT: Yes.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Present yields, sir.
14 SENATOR PATERSON: Senator, we're
15 talking about the bonding for the rest of the
16 state and Senator Stachowski was talking about
17 the big four. We recognize that New York City
18 is not included because of the School
19 Construction Authority, but the School
20 Construction Authority doesn't allow for any
21 bonding, and my question is does -- how would we
22 allow New York City to receive the same bonding
23 capability that the rest of the state has?
10534
1 SENATOR PRESENT: Senator
2 Paterson, I'm told the city of New York is able
3 to bundle, because of the large school district
4 is able to bundle it and do their bonding
5 collectively within the city. This will allow
6 those school districts outside the city to do
7 similar through the Dormitory Authority.
8 SENATOR PATERSON: They don't -
9 they don't bond.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Present, do you continue to yield? He
12 yields, sir.
13 SENATOR PATERSON: They don't
14 bond through the School Construction Authority?
15 Can you explain to me how they bond
16 collectively?
17 SENATOR PRESENT: They bond
18 through the City, the end -- the school district
19 gets the advantage of the size of the city.
20 SENATOR PATERSON: Oh, I
21 understand now what you're saying. Hold on a
22 minute.
23 SENATOR PRESENT: Sure.
10535
1 SENATOR PATERSON: I -- Mr.
2 President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Paterson.
5 SENATOR PATERSON: What concerns
6 us -- on the bill.
7 ACTING PRESIDENT MARCELLINO:
8 Senator Paterson, on the bill.
9 SENATOR PATERSON: Those same
10 opportunities for bonding that the -- that the
11 districts would have, even if this bill did not
12 exist so, in other words, all would be included
13 as in any other city, but what we're saying in
14 this particular piece of legislation is that now
15 they're going to be -- outside New York City
16 they're going to be able to bond directly and
17 they're going to be able to do it through this
18 -- this type of financing, but New York City
19 doesn't have it.
20 I have one last question if
21 Senator Present -
22 ACTING PRESIDENT MARCELLINO:
23 Senator Present, do you yield for one last
10536
1 question?
2 SENATOR PRESENT: I don't think
3 the last one was a question. O.K.
4 ACTING PRESIDENT MARCELLINO: He
5 yields.
6 SENATOR PATERSON: This question
7 is the last question. Does the adoption of this
8 resolution in any way affect the Wicks Law?
9 SENATOR PRESENT: This will give
10 school districts the ability to participate in
11 the same options as given to the city school
12 districts of New York.
13 SENATOR PATERSON: O.K. Thank
14 you, Senator.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 16. This
18 act shall take effect -
19 ACTING PRESIDENT MARCELLINO:
20 Senator Paterson.
21 SENATOR PATERSON: Mr. President,
22 just to explain my vote.
23 ACTING PRESIDENT MARCELLINO:
10537
1 Senator Paterson to explain his vote.
2 SENATOR PATERSON: I'm getting
3 the impression from that answer that Senator
4 Present gave that these districts that -- in
5 this fashion, they would actually be exempt from
6 the Wicks Law, and I'm going to have to vote
7 no.
8 ACTING PRESIDENT MARCELLINO:
9 Senator Paterson will be voting no. Read the
10 last section.
11 Senator Abate.
12 SENATOR ABATE: To be recorded in
13 the negative.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Abate in the negative. Senator Stavisky
16 in the negative. Give the vote when tabulated.
17 Senator Paterson negative, Senator Connor
18 negative.
19 Can we read the last section?
20 THE SECRETARY: Section 16. This
21 act shall take effect on the first day of July.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
10538
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 56, nays 3,
3 Senators Abate, Paterson and Stavisky recorded
4 in the negative.
5 ACTING PRESIDENT MARCELLINO: I
6 believe Senator Connor wanted to be recorded in
7 the negative too on that.
8 THE SECRETARY: Also Senator
9 Connor.
10 ACTING PRESIDENT MARCELLINO: The
11 bill is passed.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 can we take up the non-controversial calendar on
15 Supplemental Active List of Thursday, June 15,
16 1955.
17 ACTING PRESIDENT MARCELLINO: The
18 clerk will read the non-controversial calendar,
19 the Supplemental Active List starting with
20 Number 42.
21 THE SECRETARY: Calendar Number
22 42, by Senator Nozzolio, Senate Print 580A, an
23 act to amend the Public Authorities Law and the
10539
1 Executive Law, in relation to creating the
2 Cayuga County Water and Sewer Authority.
3 ACTING PRESIDENT MARCELLINO:
4 There is a message. I'm sorry.
5 SENATOR PRESENT: Mr. President,
6 I understand there is a message at the desk. I
7 move we accept it.
8 ACTING PRESIDENT MARCELLINO: You
9 read my line, sir. There is a message at the
10 desk. All in favor say aye.
11 (Response of "Aye.")
12 Opposed nay.
13 (There was no response. )
14 The message is accepted. Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO:
19 Call the roll.
20 (The Secretary called the roll.
21 THE SECRETARY: Ayes 59.
22 ACTING PRESIDENT MARCELLINO: The
23 bill is passed.
10540
1 THE SECRETARY: Calendar Number
2 335, by Senator Kuhl, Senate Print 3667A, an act
3 to amend the Agriculture and Markets Law, in
4 relation to agricultural commodities.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 59.
13 ACTING PRESIDENT MARCELLINO: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 492, by Senator Stafford, Senate Print 3808, an
17 act to amend the Public Authorities Law, in
18 relation to empowering the Olympic Regional
19 Development Authority.
20 ACTING PRESIDENT MARCELLINO:
21 Read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 60th day.
10541
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 59.
5 ACTING PRESIDENT MARCELLINO: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 581, by Senator Trunzo, Senate Print 3755A, an
9 act to amend the Vehicle and Traffic Law, in
10 relation to the use of head lamps and flashers.
11 ACTING PRESIDENT MARCELLINO:
12 Please read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 1st day of January.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll, please.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 738, by Senator Goodman, Senate Print 3418, an
23 act to amend the Town Law, in relation to
10542
1 providing for the election of a third town
2 justice.
3 ACTING PRESIDENT MARCELLINO:
4 Will the clerk please read the title of Calendar
5 Number 738 once again.
6 THE SECRETARY: Calendar Number
7 738, by Senator Goodman, Senate Print 3418, an
8 act to amend the Administrative Code of the city
9 of New York in relation to the repayment of
10 outstanding debts.
11 ACTING PRESIDENT MARCELLINO:
12 There is a home rule message at the desk.
13 Please read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day after it
16 shall have become a law.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 59.
21 ACTING PRESIDENT MARCELLINO:
22 This bill is finally passed.
23 THE SECRETARY: Calendar Number
10543
1 739, by Senator Goodman, Senate Print 3419, an
2 act to amend the General City Law and others, in
3 relation to authorizing the establishment of the
4 New York City Tribunal.
5 ACTING PRESIDENT MARCELLINO:
6 There is a home rule message at the desk. Read
7 the last section, please.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Call the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 59.
14 ACTING PRESIDENT MARCELLINO: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 744, by Senator Marchi, Senate Print 3842A, an
18 act authorizing the city of New York to release
19 its interest in certain real property acquired
20 by in rem tax foreclosure in the borough of
21 Staten Island.
22 ACTING PRESIDENT MARCELLINO:
23 There is a home rule message at the desk.
10544
1 Please read the last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 59.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 763, by Senator Leichter, Senate Print 2286B, an
12 act to amend the Judiciary Law, in relation to
13 judicial proceedings held on certain religious
14 holy days.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MARCELLINO:
20 Call the roll.
21 (The Secretary called the roll. )
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT MARCELLINO: The
10545
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1295, by Senator Waldon, Senate Print 1059, an
4 act authorizing the city of New York to reconvey
5 its interest in certain real property acquired
6 by in rem tax foreclosure in the borough of
7 Queens.
8 ACTING PRESIDENT MARCELLINO: We
9 have a home rule message at the desk. Please
10 read the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Call the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT MARCELLINO: The
18 calendar, if you're reading the supplemental
19 list, Calendar Number 1319, S. 5352, passed
20 previously, so we'll skip over that.
21 The bill is passed, the previous
22 bill.
23 THE SECRETARY: Calendar Number
10546
1 1338, by Senator Connor, Senate Print 5001, an
2 act authorizing the city of New York to reconvey
3 its interest in certain real property acquired
4 by in rem tax foreclosure in the borough of
5 Brooklyn.
6 ACTING PRESIDENT MARCELLINO:
7 There is a home rule message at the desk.
8 Please read the last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT MARCELLINO: The
16 bill is passed.
17 Senator Present, why do you rise?
18 SENATOR PRESENT: Mr. President,
19 we're going to have a little lapse of time. Is
20 there any housekeeping that can be handled at
21 this time?
22 ACTING PRESIDENT MARCELLINO: We
23 may have some in a moment, sir. Hold on for a
10547
1 second.
2 Senator Trunzo.
3 SENATOR TRUNZO: Mr. President,
4 can we please remove the star on Calendar Number
5 600, Print Number 2920.
6 ACTING PRESIDENT MARCELLINO: So
7 ordered.
8 Senator Montgomery, why do you
9 rise?
10 SENATOR MONTGOMERY: Yes, Mr.
11 President. I would like unanimous consent to be
12 recorded in the negative on Calendar 1429.
13 ACTING PRESIDENT MARCELLINO: So
14 ordered. Thank you. 1429.
15 Senator Santiago, why do you
16 rise?
17 SENATOR SANTIAGO: Mr. President,
18 I would like the record to show if I had been in
19 the chamber when 1409 was called, I would have
20 been recording in the negative.
21 ACTING PRESIDENT MARCELLINO: The
22 record will reflect, Senator, that if you had
23 been in the chamber when the roll call was made,
10548
1 you would have been in the negative on 1409.
2 SENATOR SANTIAGO: Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator.
5 SENATOR SANTIAGO: Mr. President,
6 I would also like to be in the negative on
7 Calendar Number 993.
8 ACTING PRESIDENT MARCELLINO:
9 993, Senator Santiago will be recorded in the
10 negative.
11 SENATOR SEWARD: Mr. President.
12 ACTING PRESIDENT MARCELLINO:
13 Senator Seward.
14 SENATOR SEWARD: Yes. I would
15 ask unanimous consent to be recorded in the
16 negative on Calendar Number 581.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Seward, without objection, will be
19 recorded in the negative on Calendar 581.
20 SENATOR SEWARD: And also, Mr.
21 President, on Calendar Number 1409 which passed
22 earlier today on a slow roll call, I was
23 unavoidably out of the chamber, and I would ask
10549
1 that the record reflect that had I been in the
2 chamber, I would have voted in the affirmative.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Seward, the record will reflect, had you
5 been in the chamber when 1409 was called, you
6 would have been voting in the affirmative.
7 SENATOR SEWARD: Thank you.
8 SENATOR FARLEY: Mr. President.
9 ACTING PRESIDENT MARCELLINO:
10 Senator Farley, why do you rise?
11 SENATOR FARLEY: I'd like to be
12 in the negative on 581.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Farley would like to be recorded in the
15 negative on Calendar Number 581.
16 Senator Seward, the Chair
17 recognizes you.
18 SENATOR SEWARD: Yes, Mr.
19 President. I move, on behalf of Senator Levy, I
20 move to amend Senate Number 4985B by striking
21 out the amendments made on June 15th and
22 restoring it to its previous Print Number
23 4985A.
10550
1 ACTING PRESIDENT MARCELLINO:
2 Amendments received and accepted.
3 SENATOR SEWARD: The Senate bill
4 on its first passage was voted unanimously. I
5 now move that the amended bill have its third
6 reading at this time.
7 ACTING PRESIDENT MARCELLINO:
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 875, by Senator Levy, Senate Print Number 4985A,
11 an act to amend the Transportation Law, in
12 relation to the investigation of accidents.
13 ACTING PRESIDENT MARCELLINO:
14 Read the last section, please.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MARCELLINO:
18 Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 59.
21 ACTING PRESIDENT MARCELLINO: The
22 bill is passed.
23 SENATOR PRESENT: Mr. President.
10551
1 ACTING PRESIDENT MARCELLINO:
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 I think it will be a few moments before we have
5 any action here, so we'll stand at ease.
6 ACTING PRESIDENT MARCELLINO:
7 Senate will stand at ease for a few moments.
8 (Whereupon at 6:46 p.m., the
9 Senate stood at ease until 7:12 p.m.)
10 ACTING PRESIDENT HOBLOCK: The
11 house will come to order. Senator Kuhl.
12 SENATOR KUHL: Yes, Mr.
13 President. If we could return to the first
14 calendar of the day, Calendar Number 66, and you
15 could ask the Secretary to call up Calendar
16 Number 957.
17 ACTING PRESIDENT HOBLOCK:
18 Secretary return to the original calendar and
19 call Calendar Number 957.
20 THE SECRETARY: Calendar Number
21 957, by Senator Marcellino, Senate Print 4951B,
22 an act to amend the Social Services Law, in
23 relation to child day care.
10552
1 SENATOR KUHL: Mr. President, is
2 there a message of necessity at the desk?
3 ACTING PRESIDENT HOBLOCK: Yes,
4 there is a message of necessity at the desk.
5 SENATOR KUHL: I'd move we accept
6 the message of necessity.
7 ACTING PRESIDENT HOBLOCK:
8 Without objection, the message will be
9 accepted. All those in favor?
10 (Response of "Aye.")
11 Opposed?
12 (There was no response. )
13 The message is accepted.
14 Senator Paterson, why do you
15 rise?
16 SENATOR PATERSON: I rise in
17 support of voices screaming all over the chamber
18 for an explanation.
19 ACTING PRESIDENT HOBLOCK:
20 Explanation has been asked for, Senator
21 Marcellino.
22 SENATOR MARCELLINO: Yes, Mr.
23 President.
10553
1 This bill amends subdivision (1)
2 of Section 390 of the Social Services Law to add
3 some language requiring one care giver for every
4 two children under two years of age in a group
5 family day care situation. It amends Section 12
6 of 390 and adds family day care to the exemption
7 of single-family homes used for day care from
8 zoning review. It also amends Section 390 (a)
9 to correct a misspelled word and adds a
10 statement with regard to the subsequent courses
11 to be taken after family day care providers
12 receive their initial training. It also amends
13 Section 424 (a) to allow persons screened as
14 substitutes to serve as substitutes for
15 registered day care providers as well as
16 licensed child care centers.
17 ACTING PRESIDENT HOBLOCK:
18 Senator Stachowski, why do you rise?
19 SENATOR STACHOWSKI: If Senator
20 Marcellino would yield to a couple questions.
21 ACTING PRESIDENT HOBLOCK:
22 Senator Marcellino, would you yield?
23 SENATOR MARCELLINO: Yes, I will,
10554
1 sir.
2 SENATOR STACHOWSKI: Senator,
3 when your bill came out, some of the family day
4 care center providers in my district wrote me a
5 letter complaining about -- and I don't know if
6 this is true; I'm going to ask you -- complain
7 ing about one of the things your bill did was
8 let you take a facility that was in the home and
9 have that family day care center locate in an
10 another facility, like another building and they
11 thought all that was doing was circumventing day
12 care regulations where, if it's not going to be
13 in a home setting and going to be in a different
14 facility, then it should be covered by day care
15 center provisions rather than home day care
16 center provisions.
17 I don't know if your bill does
18 that or not. That's what my people told me it
19 does, and so I'm asking you, does it do that or
20 not?
21 SENATOR MARCELLINO: Senator,
22 you're partially correct. The initial writing
23 of the bill did do that. We received the same
10555
1 letters that you received apparently and we have
2 made the corrections and adjustments to this
3 bill, it's my understanding, so that it now has
4 to be in the home of the provider.
5 SENATOR STACHOWSKI: Thank you
6 very much.
7 SENATOR MARCELLINO: And it's
8 also my understanding that the people who were
9 in objection, although we do not have memos from
10 them yet, no longer object.
11 ACTING PRESIDENT HOBLOCK:
12 Senator Stavisky.
13 SENATOR STAVISKY: No, I'm
14 sorry.
15 ACTING PRESIDENT HOBLOCK: Read
16 the last section.
17 SENATOR GOLD: Wait a minute, Mr.
18 President.
19 Mr. President, would the Senator
20 yield to a question?
21 ACTING PRESIDENT HOBLOCK:
22 Senator Gold. Senator Marcellino, do you yield?
23 SENATOR MARCELLINO: No.
10556
1 Senator, with trepidation I yield.
2 SENATOR GOLD: No. Did you say
3 part of what this does was correct some spelling
4 errors?
5 SENATOR MARCELLINO: No, there
6 was a word misspelled. It corrects it.
7 SENATOR GOLD: Was this
8 originally a Nozzolio bill? No, I'm only
9 kidding.
10 SENATOR NOZZOLIO: I rise to a
11 point of high personal privilege.
12 ACTING PRESIDENT HOBLOCK: Read
13 the last section. Oh, Senator Oppenheimer.
14 SENATOR OPPENHEIMER: I'm trying
15 to figure out what is the change here as,
16 Senator Marcellino, it says permits the use of a
17 single-family dwelling for family day care
18 programs. Isn't that what we've always had?
19 Isn't it always what we've had, family
20 residential, single -
21 SENATOR MARCELLINO: I'm sorry,
22 Senator, but I -- I'm sorry. I can not hear
23 you.
10557
1 SENATOR OPPENHEIMER: S-s-sh!
2 S-s-sh! S-s-sh!
3 ACTING PRESIDENT HOBLOCK: Can we
4 have a little order in the chamber, please.
5 SENATOR OPPENHEIMER: I'm unclear
6 as to what the changes are from the present
7 law. This permits the use of a single-family
8 dwelling for day care programs. Isn't that what
9 currently exists, single-family homes?
10 SENATOR MARCELLINO: This -- the
11 original bill, I think we went back to what was
12 the case because the original bill allowed them
13 to go to other dwellings, other situations than
14 the home of the provider, and -
15 SENATOR OPPENHEIMER: Other than
16 the home of the provider.
17 SENATOR MARCELLINO: We went back
18 to the original situation with this bill and
19 further changes thereafter.
20 SENATOR OPPENHEIMER: Can you
21 tell me what prompted the decision to change
22 from other than the provider's home?
23 SENATOR MARCELLINO: Frankly, no,
10558
1 Senator, I really don't know. I believe,
2 Senator, they were trying to clean up some
3 language, some technical language in this
4 thing. They also tried to get around some
5 zoning, local zoning issues so that they
6 couldn't zone them out of existence locally
7 because of some problem with group home
8 situations, and this bill clearly defines the
9 difference between a group home and a family day
10 care by limiting to a maximum of six the number
11 of toddlers and infants that can be in the
12 family situation with one provider, care
13 provider, for every two infants, whereas the
14 group home, as you well know, goes up to ten.
15 SENATOR OPPENHEIMER: Except that
16 under family day care you can have double that
17 number, you can have 12 little children with two
18 providers; that is in the law presently. I'm
19 questioning residential setting. Isn't a
20 residential setting a singly -- single-family
21 dwelling?
22 SENATOR MARCELLINO: Could be.
23 SENATOR OPPENHEIMER: O.K. Well,
10559
1 it looks like a good bill. I was just curious
2 about some of the language. I think part of the
3 problem is that too many of our communities have
4 zoned out family day care. They say it's a
5 business in a residential setting and so, if
6 this clarifies the law, this is a very
7 beneficial bill.
8 SENATOR MARCELLINO: Thank you
9 for your comments, Senator.
10 ACTING PRESIDENT HOBLOCK: Read
11 the last section.
12 THE SECRETARY: Section 5. This
13 act shall take effect on the 120th day.
14 ACTING PRESIDENT HOBLOCK: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT HOBLOCK: The
19 bill is passed.
20 Senator Kuhl.
21 SENATOR KUHL: Yes, Mr.
22 President. If we could now go to the
23 Supplemental 2 Calendar and if we could have the
10560
1 Secretary call up Calendar Number 1427.
2 ACTING PRESIDENT HOBLOCK:
3 Supplemental 2 Calendar, Secretary will read
4 Calendar Number 1427.
5 THE SECRETARY: Calendar Number
6 1427, by Senator Skelos, Senate Print 5396A, an
7 act in relation to authorizing service awards
8 for the Lawrence-Cedarhurst Fire Department,
9 Inc.
10 SENATOR KUHL: Mr. President, is
11 there a message of necessity at the desk?
12 ACTING PRESIDENT HOBLOCK:
13 There's a message of necessity at the desk.
14 SENATOR KUHL: I move we accept
15 the message of necessity.
16 ACTING PRESIDENT HOBLOCK: All
17 those in favor, signify by saying aye.
18 (Response of "Aye.")
19 Opposed?
20 (There was no response. )
21 The message is accepted. Read
22 the last section.
23 THE SECRETARY: Section 3 -
10561
1 Section 7. This act shall take effect
2 immediately.
3 ACTING PRESIDENT HOBLOCK: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 59.
7 ACTING PRESIDENT HOBLOCK: The
8 bill is passed.
9 Senator Kuhl.
10 SENATOR KUHL: Yes. Can we now
11 stand at ease for a few moments, please.
12 ACTING PRESIDENT HOBLOCK: Stand
13 at ease for a few moments.
14 (Whereupon at 7:17 p.m., the
15 Senate stood at ease, reconvening at 7:34
16 p.m.)
17 ACTING PRESIDENT KUHL: Senate
18 will come to order.
19 The Chair recognizes Senator
20 Hoblock.
21 SENATOR HOBLOCK: Mr. President,
22 can we go to the original calendar and call up
23 Calendar 271, Senate Bill 3292A, by Senator
10562
1 LaValle.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the title of the Calendar Number 271
4 off of the original calendar.
5 THE SECRETARY: On page 7,
6 Calendar Number 271, by Senator LaValle, Senate
7 Print Number 3292A, an act to amend the
8 Education Law, in relation to procedures for
9 standardized testing.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 6. This
13 act shall take effect September 1st.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 59.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Hoblock.
21 SENATOR HOBLOCK: Mr. President,
22 would you please call up Calendar Number 849,
23 Senate Bill 1610A, by Senator Goodman.
10563
1 ACTING PRESIDENT KUHL: Secretary
2 will read the title.
3 THE SECRETARY: Calendar Number
4 849, by Senator Goodman, Senate Print 1610A, an
5 act to amend the Vehicle and Traffic Law, in
6 relation to the civil liability of vehicle
7 owners.
8 ACTING PRESIDENT KUHL: Senator
9 Hoblock.
10 SENATOR HOBLOCK: Mr. President,
11 is there a message at the desk?
12 ACTING PRESIDENT KUHL: The
13 Secretary informs me that there is.
14 SENATOR HOBLOCK: I move that we
15 accept the message.
16 ACTING PRESIDENT KUHL: Motion is
17 to accept the message of necessity at the desk.
18 All those in favor signify by saying aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response. )
22 The message is accepted.
23 Secretary will read the last section.
10564
1 THE SECRETARY: Section 3. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll. )
6 ACTING PRESIDENT KUHL: Announce
7 the results when tabulated.
8 THE SECRETARY: Ayes 58, nays 1,
9 Senator Padavan recorded in the negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 Chair recognizes Senator Wright.
13 SENATOR WRIGHT: Mr. President, I
14 request unanimous consent to be recorded in the
15 negative on Calendar 581, Senate 3755A.
16 ACTING PRESIDENT KUHL: Without
17 objection, hearing no objection, Senator Wright
18 will be recorded in the negative on Calendar
19 Number 581.
20 Senator Hoblock.
21 SENATOR HOBLOCK: Mr. President,
22 I ask unanimous consent that had I been in the
23 chamber yesterday in a slow roll call on
10565
1 Calendar Number 91, Senate Bill Number 973, that
2 I would have voted in the affirmative.
3 ACTING PRESIDENT KUHL: Senator
4 Hoblock, the record will reflect that had you
5 been in the chamber yesterday when the roll call
6 was called on Calendar Number 91, that you would
7 have voted in the affirmative.
8 Senator Hoblock.
9 SENATOR HOBLOCK: Mr. President,
10 would you please call up Calendar 1048, Senate
11 181, by Senator Tully.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the title to Calendar Number 1048.
14 THE SECRETARY: Calendar Number
15 1048, by Senator Tully, Senate Print Number 181,
16 an act to amend the General Municipal Law, in
17 relation to providing coverage for injuries.
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 3. This
22 act shall take effect January 1st.
23 ACTING PRESIDENT KUHL: Call the
10566
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 Senator Hoblock.
7 SENATOR HOBLOCK: Mr. President,
8 can we stand at ease for a few moments, please.
9 ACTING PRESIDENT KUHL: The
10 Senate will stand at ease.
11 (Whereupon at 7:37 p.m., the
12 Senate stood at ease until 7:42 p.m.)
13 SENATOR FARLEY: Mr. President.
14 ACTING PRESIDENT KUHL: Senator
15 Farley, why do you rise?
16 SENATOR FARLEY: I'd like to be
17 recorded in the negative on Calendar Number 271.
18 ACTING PRESIDENT KUHL: Without
19 objection, hearing no objection, Senator Farley
20 will be recorded in the negative on Calendar
21 Number 271.
22 ...At 7:48 p.m....
23 ACTING PRESIDENT KUHL: Senate
10567
1 will come to order.
2 The Chair will recognize Senator
3 Nozzolio.
4 SENATOR NOZZOLIO: Thank you, Mr.
5 President.
6 Earlier today I laid aside my
7 bill, Calendar Number 1365, Bill Number S.
8 4252. I wish to withdraw the lay aside and call
9 the matter.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the title of Calendar Number 1365
12 which is on the original calendar of the day.
13 THE SECRETARY: Calendar Number
14 1365, by Senator Nozzolio, Senate print 4252, an
15 act to amend the Alcoholic Beverage Control Law,
16 in relation to regulating the hours of sale by a
17 winery.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Mr. President,
22 if you would recognize Senator Solomon.
23 ACTING PRESIDENT KUHL: Senator
10568
1 Solomon.
2 SENATOR SOLOMON: Thank you, Mr.
3 President.
4 I'm not going to ask the sponsor
5 any questions on this. We've been trying to
6 work out a resolution of the problems that face
7 parts of my Senate district and other parts of
8 the state, and I know the sponsor of this bill,
9 along with some other members of the Majority,
10 are committed to trying to resolve those
11 problems and indeed get my piece of legislation
12 out on the floor of this house.
13 I am going to vote in the
14 negative. I'm going to vote against this bill
15 because again, in terms of fairness to a lot of
16 the people in my Senate District who have
17 written to me, petitions have been collected
18 where they have had problems on a regular basis
19 and not on being closed on Saturday and being
20 closed on Sunday and in other instances because
21 Jewish holidays fall on certain other days, they
22 could be closed Saturday, Sunday, and Monday,
23 and Saturday, Sunday, Monday and Tuesday in many
10569
1 instances or Thursday, Friday, Saturday and
2 Sunday, and we basically have a problem of
3 fairness and where this wine will in fact now be
4 sold in certain parts of the city of New York on
5 Sundays.
6 Thank you.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section. Excuse me, Senator
9 Paterson.
10 SENATOR PATERSON: Mr. President,
11 I just have one statement on the bill, and it is
12 that I think that this piece of legislation
13 really in many respects diminishes the meaning
14 of having the types of laws that we have about
15 the distribution of alcohol on Sunday. I think
16 there's a special circumstance -
17 ACTING PRESIDENT KUHL: Senator
18 Paterson, apparently we're having a little camp
19 fire over here in the south part of the
20 chamber.
21 SENATOR DOLLINGER: Scoutmaster
22 Gold.
23 ACTING PRESIDENT KUHL: Scout
10570
1 master Gold, if you could help your scouts to
2 find their way to their chairs, I'm sure your
3 colleague, Senator Paterson, would be most
4 appreciative if they would pay their attention
5 to him.
6 O.K. We have lots of business
7 still to do in a fairly short time, so let's see
8 if we can conclude it.
9 Senator Paterson.
10 SENATOR PATERSON: Mr. President,
11 that demonstration is exactly my point. This
12 mirth and frivolity that obviously we're trying
13 to prevent on Sundays, we made an exception in
14 the cases where the wineries, for purposes of
15 commercial development and for purposes also of
16 tourism, can sell their product but once we
17 start allowing them at state fairs or different
18 types of events such and the like, we're going
19 to start getting complaints from parts of the
20 state that don't have them. There will be some
21 similar kind of contingent plan that they will
22 have, and then we're really just going to
23 subjugate the message of not distributing
10571
1 alcohol on Sunday.
2 Now, I suggest that there are two
3 ways to solve that problem. One is to allow it
4 and the other would be not to allow it. Right
5 now the law is that we don't allow it and with
6 the exceptions that we have, that actually exist
7 probably, when we open the door to establish the
8 exceptions, some Senator got up at that time and
9 said, you see, If we do this then they're going
10 to start having them at state fairs.
11 I think that wine distributors
12 who are outside of New York State are actually
13 penalized and aren't really allowed to be in the
14 fair competition really based on the statute
15 that restricts the sale on Sundays, while we're
16 allowing New York State companies that opportun
17 ity based only on the fact that they are from
18 New York State and the type of, I would say
19 religious tenet that's impinging upon the
20 statute really, I think, in many respects,
21 should focus us on not really trying to in any
22 way diminish the meaning of it.
23 If we're not going to have it, we
10572
1 have certainly rolled back a lot of our "blue
2 laws" about Sunday in other areas. Maybe we
3 need to do this with alcohol distribution. If
4 that's the case, then let's do it, but while we
5 are continuing to have it, then I think that the
6 effects must be equal, and I'm going to have to
7 vote no as well.
8 ACTING PRESIDENT KUHL: The Chair
9 recognizes Senator Padavan.
10 SENATOR PADAVAN: I want to
11 record my vote.
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 ACTING PRESIDENT KUHL: Announce
20 the results when tabulated.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1365 are
23 Senators Connor, DiCarlo, Gold, Holland, Jones,
10573
1 LaValle, Levy, Marcellino, Onorato, Padavan,
2 Paterson, Skelos, Solomon, Stavisky, Waldon, and
3 Senator Hoblock; also Senator Tully.
4 ACTING PRESIDENT KUHL: Results.
5 THE SECRETARY: Also Senator
6 Farley. Ayes 41, nays 18.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 Chair recognizes Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 could I have unanimous consent to be recorded in
12 the negative on Calendar Number 849, Senate
13 1610A.
14 ACTING PRESIDENT KUHL: Without
15 objection, hearing no objection, Senator Skelos
16 will be recorded in the negative on Calendar
17 Number 849.
18 SENATOR GOLD: Mr. President.
19 ACTING PRESIDENT KUHL: Senator
20 Gold, why do you rise?
21 SENATOR GOLD: Yeah. Would
22 Senator Libous yield to a question?
23 ACTING PRESIDENT KUHL: Senator
10574
1 Libous yields.
2 SENATOR GOLD: Senator, are you
3 lost?
4 SENATOR LIBOUS: I'm a great
5 believer in flexibility in life.
6 ACTING PRESIDENT KUHL: Chair
7 recognizes Senator Tully.
8 SENATOR TULLY: Yes, Mr.
9 President. May I have unanimous consent to be
10 recorded in the negative on Calendar Number 849,
11 Senate 1610A.
12 ACTING PRESIDENT KUHL: Without
13 objection, hearing no objection, Senator Tully
14 will be recorded in the negative on Calendar
15 Number 849.
16 Chair recognizes Senator
17 Stachowski.
18 SENATOR STACHOWSKI: Mr.
19 President, can I have unanimous consent to be
20 recorded in the negative on Calendar Number 849.
21 ACTING PRESIDENT KUHL: Without
22 objection, hearing no objection, Senator
23 Stachowski will be recorded in the negative on
10575
1 Calendar Number 849.
2 Senator Velella.
3 SENATOR VELELLA: Mr. President,
4 I was out of the chamber when Senate Bill 849,
5 Senate Bill 1610A, was called. I was recorded
6 in the affirmative. I'd like to be recorded in
7 the negative.
8 ACTING PRESIDENT KUHL: Without
9 objection, hearing no objection, Senator Velella
10 will be recorded in the negative on Calendar
11 849.
12 Senator Maziarz.
13 SENATOR MAZIARZ: Mr. President,
14 I apologize, I was out of the chamber. Could I
15 be recorded in the negative on Calendar Number
16 1365, please.
17 ACTING PRESIDENT KUHL: Without
18 objection, hearing no objection, Senator Maziarz
19 will be recorded in the negative on Calendar
20 Number 1365.
21 Senator Maltese.
22 SENATOR MALTESE: Mr. President,
23 without objection, may I be recorded in the
10576
1 negative on Calendar Number 1365.
2 ACTING PRESIDENT KUHL: Without
3 objection, hearing no objection, Senator Maltese
4 will be recorded in the negative on Calendar
5 Number 1365.
6 The Chair recognizes Senator
7 Montgomery.
8 SENATOR MONTGOMERY: Thank you,
9 Mr. President. I would like to be recorded in
10 the negative on Calendar Number 1365.
11 ACTING PRESIDENT KUHL: Without
12 objection, hearing no objection, Senator
13 Montgomery will be recorded in the negative on
14 Calendar Number 1365.
15 SENATOR BRUNO: Mr. President.
16 ACTING PRESIDENT KUHL: Will the
17 Senate come to order, please. Chair recognizes
18 Senator Bruno.
19 SENATOR BRUNO: We have an
20 immediate meeting of the Rules Committee in Room
21 332.
22 ACTING PRESIDENT KUHL: There
23 will be an immediate meeting of the Rules
10577
1 Committee in the Majority Conference Room, Room
2 332. Immediate meeting of the Rules Committee
3 in the Majority Conference Room, Room 332.
4 SENATOR BRUNO: And, Mr.
5 President.
6 ACTING PRESIDENT KUHL: Senator
7 Bruno.
8 SENATOR BRUNO: I might note that
9 the purpose of this meeting will be to get the
10 last calendar to the floor.
11 ACTING PRESIDENT KUHL: For those
12 of you who did not hear because of the noise in
13 the chamber, the intended purpose of the Rules
14 Committee is to create the last calendar of the
15 day and of the session.
16 ...At 9:00 p.m....
17 ACTING PRESIDENT KUHL: The
18 Senate will come to order. Members please find
19 their chairs, staffs please find a place.
20 If you have any conversations to
21 be had, please take them out of the chamber.
22 Chair recognizes Senator Bruno.
23 SENATOR BRUNO: Mr. President,
10578
1 can we return to the reports of standing
2 committees, and I believe there's a report from
3 the Rules Committee, and ask that it now be
4 read.
5 ACTING PRESIDENT KUHL: We'll
6 return to the reports of standing committees.
7 There is a report of the Rules Committee at the
8 desk. I'll ask the Secretary to read.
9 THE SECRETARY: Senator Bruno,
10 from the Committee on Rules, reports the
11 following bills:
12 Senate Print 180B, by Senator
13 Tully, an act to amend the General Municipal
14 Law, in relation to service award programs;
15 598A, by Senator Holland, an act
16 to amend the Real Property Tax Law, in relation
17 to a proceeding;
18 1020, by Senator Johnson, an act
19 to amend the Environmental Conservation Law, in
20 relation to the acceptance of used oil;
21 1242, by Senator Onorato, an act
22 to amend the Penal Law, in relation to making
23 possession of a lockable folding knife the crime
10579
1 of criminal possession;
2 1617A, by Senator Goodman, an act
3 to amend the Arts and Cultural Affairs Law, in
4 relation to authorizing the award of grants;
5 2132, by Senator Johnson, an act
6 to amend the Environmental Conservation Law, in
7 relation to stewardship agreements;
8 2149B, by Senator Spano, an act
9 to amend the Environmental Conservation Law, in
10 relation to authorizing certain wildlife rehab
11 ilitators;
12 2542B, by Senator Hannon, an act
13 to amend the General Municipal Law, in relation
14 to prompt payment;
15 2880A, by Senator Lack, an act to
16 amend the Judiciary Law, in relation to juror
17 compensation;
18 2981A, by Senator Velella, an act
19 to amend the General Business Law, in relation
20 to advertising the square footage;
21 3182A, by Senator Wright, an act
22 to amend the Environmental Conservation Law, in
23 relation to special beaver management areas;
10580
1 3320, by Senator Maltese, an act
2 to amend the Penal Law, in relation to false
3 reporting of incidents;
4 3335, by Senator Velella, an act
5 to amend the Real Property Law, in relation to
6 rights of tenants organizations;
7 3396A, by Senator Velella, an act
8 to amend the Vehicle and Traffic Law, in
9 relation to the adjudication of parking
10 infractions;
11 3440B, by Senator Velella, an act
12 to amend the Vehicle and Traffic Law, in
13 relation to reports required upon accident;
14 3450A, by Senator Skelos, an act
15 to amend the Civil Practice Law and Rules, in
16 relation to the method of commencing an action;
17 4315A, by Senator Hannon, an act
18 to amend the Public Authorities Law, in relation
19 to the powers and duties of the Power Authority
20 of the state of New York;
21 4395A, by Senator Seward, an act
22 to amend the Highway Law, in relation to
23 designating a portion of the state highway
10581
1 system;
2 4651, by Senator Waldon, an act
3 authorizing the city of New York to reconvey its
4 interest in certain real property;
5 4679A, by Senator Lack, an act to
6 amend the Surrogate's Court Procedure Act, in
7 relation to when service of process upon an
8 infant is completed;
9 5317, by Senator Bruno, an act in
10 relation to authorizing the city of Troy, county
11 of Rensselaer, to establish and operate a
12 municipal ambulance service;
13 5325, by Senator Cook, an act to
14 amend the Insurance Law, in relation to delaying
15 community rating;
16 5350, by Senator Sears, an act
17 making certain findings and determinations with
18 respect to the establishment and consolidation
19 of various water districts;
20 5398, by Senator Goodman, an act
21 to amend the General Business Law, in relation
22 to delinquent accounts;
23 5405, by Senator Kuhl, an act to
10582
1 amend the Alcoholic Beverage Control Law, in
2 relation to a certain exemption from provisions
3 relating;
4 5415, by the Senate Committee on
5 Rules, an act to amend the Tax Law, the General
6 City Law and the Administrative Code of the city
7 of New York, in relation to the imposition of
8 certain taxes;
9 5416, by the Senate Committee on
10 Rules, an act to amend the Tax Law and Chapter
11 272 of the Laws of 1991, amending the Tax Law;
12 5417, by the Senate Committee on
13 Rules, an act to amend the Local Finance Law, in
14 relation to the sale of bonds and notes;
15 916A, by Senator Goodman, an act
16 authorizing the city of New York to reconvey its
17 interest in certain real property;
18 1349, by Senator Oppenheimer, an
19 act to amend the Executive Law, in relation to
20 information on persons applying to be an
21 auxiliary police officer;
22 1381, by Senator Johnson, an act
23 to amend the Uniform District Court Act and the
10583
1 Uniform City Court Act, in relation to
2 authorizing such courts;
3 1461A, by Senator Goodman, an act
4 to amend the Vehicle and Traffic Law, in
5 relation to unlicensed and fraudulent operators;
6 5305, by Senator Velella, an act
7 in relation to authorizing the public sale of
8 taxicab licenses in the city of New York;
9 5369, by Senator Stafford, an act
10 to amend the Alcoholic Beverage Control Law, in
11 relation to licenses to sell beer and wine;
12 5400, by Senator Padavan, an act
13 to amend the Administrative Code of the city of
14 New York, in relation to amortization of the
15 balance sheet liability;
16 5409A, by Senator Spano, an act
17 to amend Chapter 12 of the Laws of 1995,
18 relating to providing a retirement incentive;
19 5411, by Senator Goodman, an act
20 to amend the Administrative Code of the city of
21 New York, in relation to the rate of regular
22 interest;
23 5472, by Senator Hoblock, an act
10584
1 to amend the Public Authorities Law, in relation
2 to enabling the Dormitory Authority;
3 5478, by the Senate Committee on
4 Rules, an act to amend the Public Authorities
5 Law, in relation to the board of trustees of the
6 Long Island Power Authority.
7 All bills ordered directly for
8 third reading.
9 ACTING PRESIDENT KUHL: Senator
10 Bruno.
11 SENATOR BRUNO: Mr. President, I
12 move that we accept the report of the Rules
13 Committee.
14 ACTING PRESIDENT KUHL: Motion is
15 to accept the report of the Rules Committee.
16 All those in favor signify by saying aye.
17 (Response of "Aye.")
18 Opposed nay.
19 (There was no response. )
20 The Rules report is adopted.
21 Senator Saland, did you want to
22 cast a vote?
23 SENATOR SALAND: Thank you, Mr.
10585
1 President. I would request unanimous consent to
2 -- on Calendar Number 849, to be recorded in
3 the negative.
4 ACTING PRESIDENT KUHL: Without
5 objection, hearing no objection, Senator Saland
6 will be recorded in the negative on Calendar
7 Number 849.
8 Senator Bruno.
9 SENATOR BRUNO: Mr. President, I
10 ask at this time that we take up the
11 non-controversial part of Calendar Number 3.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the Supplemental Calendar Number 3,
14 non-controversial.
15 THE SECRETARY: Calendar Number
16 1434, by Senator Tully, Senate Print 180B, an
17 act to amend the General Municipal Law, in
18 relation to service award programs for volunteer
19 firefighters.
20 ACTING PRESIDENT KUHL: Senator
21 Bruno.
22 SENATOR BRUNO: Mr. President, is
23 there a message of necessity at the desk?
10586
1 ACTING PRESIDENT KUHL: There is
2 a message of necessity at the desk, Senator
3 Bruno.
4 SENATOR BRUNO: I move that we
5 accept the message.
6 ACTING PRESIDENT KUHL: The
7 motion is to accept the message of necessity.
8 All those in favor signify by saying aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response. )
12 The message is accepted.
13 Secretary will read the last section.
14 THE SECRETARY: Section 8. 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 59.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1435, by Senator Holland, Senate Print 598A.
10587
1 SENATOR CONNOR: Lay aside.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside.
4 THE SECRETARY: Calendar Number
5 1436, by Senator Johnson, Senate Print Number
6 1020, an act to amend the Environmental
7 Conservation Law, in relation to the acceptance
8 of used oil by service establishments.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 30th day.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 59.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1437, by Senator Onorato.
21 SENATOR HOFFMANN: Lay aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
10588
1 THE SECRETARY: Calendar Number
2 1438, by Senator Goodman Senate Print Number
3 1617A, an act to amend the Arts and Cultural
4 Affairs Law, in relation to authorizing the
5 award of grants for records management
6 improvement.
7 ACTING PRESIDENT KUHL: There's a
8 home rule message at the desk. The Secretary
9 will read the last section.
10 THE SECRETARY: Section 6. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar -
19 Senator Johnson moves to discharge from the
20 Committee on Rules, Assembly Bill Number 3208
21 and substitute it for the identical Calendar
22 Number 1439.
23 ACTING PRESIDENT KUHL:
10589
1 Substitution is ordered.
2 THE SECRETARY: Calendar Number
3 1439, by member of the Assembly Englebright,
4 Assembly Print 3208, an act to amend the
5 Environmental Conservation Law, in relation to
6 stewardship agreements.
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 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1440, by Senator Spano.
19 ACTING PRESIDENT KUHL: The bill
20 is high. It will be laid aside.
21 THE SECRETARY: Calendar Number
22 1441, by Senator Hannon, Senate Print 2542B, an
23 act to amend the General Municipal Law, in
10590
1 relation to prompt payment by public owners.
2 SENATOR CONNOR: Lay aside -- no,
3 last section.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 4. 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 59.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1442, by Senator Lack, Senate Print 2880A, an
16 act to amend the Judiciary Law, in relation to
17 juror compensation, and to repeal certain
18 provisions of such law relating thereto.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect February 15th.
23 ACTING PRESIDENT KUHL: Call the
10591
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Senator Velella
7 moves to discharge from the Committee on Rules,
8 Assembly Bill Number 1170A and substitute it for
9 the identical Calendar Number 1443.
10 ACTING PRESIDENT KUHL: Without
11 objection, substitution is ordered.
12 THE SECRETARY: Calendar Number
13 1443, by member of the Assembly Dinowitz,
14 Assembly Print 1170A, an act to amend the
15 General Business Law, in relation to -
16 VOICE: Lay aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 1444, by Senator Wright, Senate Print 3182A.
21 SENATOR CONNOR: Lay aside,
22 please.
23 ACTING PRESIDENT KUHL: Lay the
10592
1 bill aside.
2 THE SECRETARY: Calendar Number
3 1445, by Senator Maltese, Senate Print 3320, an
4 act to amend the Penal Law, in relation to false
5 reporting of incidents.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first day of
10 November.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 59.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Senator Velella
18 moves to discharge from the Committee on
19 Judiciary, Assembly Bill Number 1502 and
20 substitute it for the identical Calendar Number
21 1446.
22 ACTING PRESIDENT KUHL: Without
23 objection, substitution is ordered.
10593
1 THE SECRETARY: Calendar Number
2 1446, by member of the Assembly Dinowitz,
3 Assembly Print 1502, an act to amend the Real
4 Property Law, in relation to the right of
5 tenants organizations to meet in community
6 rooms.
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 when tabulated.
16 THE SECRETARY: Ayes 58, nays
17 one, Senator Leibell recorded in the negative.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1447, by Senator Velella, Senate Print Number
22 3396A, an act to amend the Vehicle and Traffic
23 Law, in relation to the adjudication of parking
10594
1 infractions.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect 60 days after it shall
6 have become law.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 59.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1448, by Senator Velella, Senate Print Number
15 3440B, an act to amend the Vehicle and Traffic
16 Law, in relation to reports required upon
17 accidents.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first day of
20 January.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
10595
1 THE SECRETARY: Ayes 59.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: 1449, by Senator
5 Skelos.
6 ACTING PRESIDENT KUHL: Bill is
7 high. Lay the bill aside.
8 THE SECRETARY: Calendar Number
9 1450, by Senator Hannon.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 1451, by Senator Seward, Senate Print Number
14 4395A, an act to amend the Highway Law, in
15 relation to designating a portion of the state
16 highway system.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 4. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
10596
1 THE SECRETARY: Ayes 59.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1452, by Senator Waldon, Senate Print 4651, an
6 act authorizing the city of New York to reconvey
7 its interest in certain real property required
8 by in rem tax foreclosure in the borough of
9 Queens.
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 5. 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 59.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Senator Lack
22 moves to discharge from the Committee on Rules,
23 Assembly Bill Number 7861, and substitute it for
10597
1 the identical Calendar Number 1453.
2 ACTING PRESIDENT KUHL: Without
3 objection, the substitution is ordered.
4 THE SECRETARY: Calendar Number
5 1453, by the Assembly Committee on Rules,
6 Assembly Print 7861, an act to amend the
7 Surrogate's Court Procedure Act, in relation to
8 when service of process upon an infant is
9 complete.
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 59.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1454, by Senator Bruno, Senate Print 5317, an
22 act in relation to authorizing the city of Troy,
23 county of Rensselaer, to establish and operate a
10598
1 municipal ambulance service.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1455, by Senator Cook, Sen...
14 SENATOR CONNOR: Lay aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1456, by Senator Sears, Senate Print 5350, an
19 act making certain findings and determinations
20 with respect to the establishment and
21 consolidation of various water districts.
22 ACTING PRESIDENT KUHL: There's a
23 home rule message at the desk. Secretary will
10599
1 read the last section.
2 THE SECRETARY: Section 5. 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 59.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1457, by Senator Goodman.
12 ACTING PRESIDENT KUHL: The bill
13 is high. Lay the bill aside.
14 THE SECRETARY: 1458, by Senator
15 Kuhl, Senate Print 5405, an act to amend the
16 Alcoholic Beverage Control Law, in relation to
17 certain exemption from provisions relating to
18 the unlawful interests of a manufacturer.
19 ACTING PRESIDENT KUHL: Secretary
20 will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
10600
1 roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 59.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1459, by the Senate Committee on Rules.
8 SENATOR CONNOR: Lay aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1460, by the Senate Committee on Rules, Senate
13 Print 5416, an act to amend the Tax Law and
14 Chapter 272 of the Laws of 1991 amending the Tax
15 Law.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 31. 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 59.
10601
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1461, by the Senate Committee on Rules, Senate
5 Print 5417, an act -
6 SENATOR CONNOR: Lay aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 1462, by Senator Goodman.
11 ACTING PRESIDENT KUHL: Bill is
12 high. Lay the bill aside.
13 THE SECRETARY: Calendar Number
14 1463, by Senator Oppenheimer, Senate Print 1349,
15 an act to amend the Executive Law, in relation
16 to information on persons applying to be an
17 auxiliary police officer.
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.
10602
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Senator Johnson
6 moves to discharge from the Committee on
7 Judiciary, Assembly Bill Number 2054 and
8 substitute it for the identical Calendar Number
9 1464.
10 ACTING PRESIDENT KUHL: Without
11 objection, substitution is ordered.
12 THE SECRETARY: Calendar Number
13 1464, by member of the Assembly Sweeney,
14 Assembly Print 2054, an act to amend the Uniform
15 District Court Act and the Uniform City Court
16 Act, in relation to authorizing such courts.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first day of
21 October.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
10603
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1465, by Senator Goodman, Senate Print 1461A, an
7 act to amend the Vehicle and Traffic Law, in
8 relation to unlicensed and fraudulent
9 operators.
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 59.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1466, by Senator Velella, Senate Print 5305, an
22 act in relation to authorizing the public sale
23 of taxicab licenses in the city of New York.
10604
1 ACTING PRESIDENT KUHL: There's a
2 home rule message at the desk. Secretary will
3 read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 59.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1467, by Senator Stafford.
14 SENATOR CONNOR: Lay aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1468, by Senator Padavan, Senate Print 5400, an
19 act to amend the Administrative Code of the city
20 of New York, in relation to amortization of the
21 balance sheet liability.
22 ACTING PRESIDENT KUHL: There's a
23 home rule message at the desk. Secretary will
10605
1 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 59.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 1469, by Senator Spano, Senate Print 5409A, an
12 act to amend Chapter 12 of the Laws of 1995,
13 relating to providing a retirement incentive.
14 ACTING PRESIDENT KUHL: Senator
15 Bruno.
16 SENATOR BRUNO: Is there a
17 message, Mr. President?
18 ACTING PRESIDENT KUHL: There is
19 a message at the desk.
20 SENATOR BRUNO: Move we accept
21 the message.
22 ACTING PRESIDENT KUHL: Motion is
23 to accept the message of necessity. All those
10606
1 in favor, signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 Message is accepted. There's a
5 home rule message at the desk. Secretary will
6 read the last section.
7 THE SECRETARY: Section 3. 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 59.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1470, by Senator Goodman, Senate Print 5411, an
17 act to amend the Administrative Code of the city
18 of New York, in relation to the rate of regular
19 interest.
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 5. This
10607
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 59.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1471, by Senator Hoblock, Senate Print 5472, an
10 act to amend the Public Authorities Law, in
11 relation to enabling the Dormitory Authority to
12 finance and construct facilities.
13 ACTING PRESIDENT KUHL: Senator
14 Bruno.
15 SENATOR BRUNO: Is there a
16 message at the desk, Mr. President?
17 ACTING PRESIDENT KUHL: There
18 is.
19 SENATOR BRUNO: I move we accept
20 the message.
21 ACTING PRESIDENT KUHL: Motion is
22 to accept the message at the desk. All those in
23 favor signify by saying aye.
10608
1 (Response of "Aye.")
2 Opposed nay.
3 (There was no response. )
4 The message is accepted.
5 Secretary will read the last section.
6 THE SECRETARY: Section 5. 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 59.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1472, by the Senate Committee on Rules, Senate
16 Print Number 5478, an act to amend the Public
17 Authorities Law, in relation to the board of
18 trustees of the Long Island Power Authority.
19 ACTING PRESIDENT KUHL: Senator
20 Bruno.
21 SENATOR BRUNO: Is there a
22 message, Mr. President?
23 ACTING PRESIDENT KUHL: There is,
10609
1 Senator Bruno.
2 SENATOR BRUNO: I move we accept
3 the message of necessity at the desk.
4 ACTING PRESIDENT KUHL: Motion to
5 accept the message of necessity at the desk.
6 All those in favor signify by saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response.)
10 The message is accepted.
11 Secretary will read the last section.
12 SENATOR CONNOR: Lay aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 Senator Bruno, that completes the
16 non-controversial calling of Supplemental
17 Calendar Number 3.
18 SENATOR BRUNO: Senator, could
19 you at this time recognize Senator Stavisky for
20 the purposes of voting.
21 ACTING PRESIDENT KUHL: Senator
22 Stavisky.
23 SENATOR STAVISKY: Mr. President,
10610
1 on 1444, would you consent to the reading of the
2 last section?
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section, Calendar Number
5 1444.
6 SENATOR STAVISKY: Mr. President,
7 I -
8 THE SECRETARY: Calendar Number
9 1444 by -
10 ACTING PRESIDENT KUHL: Secretary
11 will read the title of Calendar Number 1444.
12 THE SECRETARY: Calendar Number
13 1444, by Senator Wright, Senate Print 3182A, an
14 act to amend the Environmental Conservation Law,
15 in relation to special beaver management areas.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 9. This
19 act shall take effect on the first day of
20 October.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
10611
1 ACTING PRESIDENT KUHL: Senator
2 Stavisky, how do you vote?
3 SENATOR STAVISKY: May I be
4 recorded as voting in the negative?
5 ACTING PRESIDENT KUHL: Senator
6 Stavisky is recorded as voting in the negative.
7 The roll call is withdrawn. The
8 bill is laid aside.
9 ACTING PRESIDENT KUHL: Senator
10 Bruno.
11 SENATOR BRUNO: Mr. President,
12 can we at this time take up the controversial
13 Calendar 3.
14 ACTING PRESIDENT KUHL: Secretary
15 will call Supplemental Calendar Number 3,
16 controversial calendar.
17 THE SECRETARY: Calendar Number
18 1435, by Senator Holland, Senate Print 598A, an
19 act to amend the Real Property Tax Law, in
20 relation to proceeding to review.
21 SENATOR CONNOR: Explanation.
22 ACTING PRESIDENT KUHL: Senator
23 Holland, an explanation of Calendar Number 1435
10612
1 has been asked for by the Minority Leader.
2 SENATOR HOLLAND: Yes, Mr.
3 President.
4 This is a tax certiorari bill.
5 The problem started in the 1980s when the value
6 of housing and commercial buildings started
7 raising greatly; then the assessors raised the
8 assessments on the properties so that the towns
9 and villages could raise more money. Then, in
10 1990, when the assessments went down, the
11 assessments were still high, the commercial and
12 residential owners came to the assessors and
13 asked that the assessment be reduced.
14 Today, particularly in the
15 commercial areas, you can wait for four years
16 and accumulate all that value for four years
17 before you can claim a tax certiorari. We are
18 simply asking, because it has such a huge hit
19 particularly on the schools, that it not be a
20 four-year wait but it be a two-year eight-month
21 wait so the hit on the school district is not so
22 heavy.
23 ACTING PRESIDENT KUHL: Senator
10613
1 Connor.
2 SENATOR CONNOR: Explanation
3 satisfactory.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect on the first day of
8 January.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes -
13 ACTING PRESIDENT KUHL: Announce
14 the results when tabulated.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar 1435 are Senators
17 Hoblock, Kuhl, Lack, Larkin, Libous, Stachowski
18 and Tully, also Senator Farley,.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the negatives.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1435 are
23 Senators Farley, Hannon, Hoblock, Hoffmann,
10614
1 Kuhl, Lack, Larkin, Leibell, Libous, Marcellino,
2 Maziarz, Nozzolio, Sears, Seward, Skelos,
3 Stachowski, Tully, wright, and Senator Jones,
4 also Senator DeFrancisco, also Senator Levy.
5 Ayes 39, nays 20.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 SENATOR BRUNO: Mr. President.
9 ACTING PRESIDENT KUHL: Chair
10 recognizes Senator Bruno.
11 SENATOR BRUNO: Can we at this
12 time return to main Calendar Number 163.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the title of the Calendar Number 163
15 on the main calendar, original calendar 66, for
16 the day.
17 THE SECRETARY: On page 5
18 Calendar Number 163, by Senator Goodman, Senate
19 Print 1746A, an act authorizing the Dormitory
20 Authority of the state of New York to plan,
21 design and acquire a facility.
22 ACTING PRESIDENT KUHL: Senator
23 Bruno.
10615
1 SENATOR BRUNO: Mr. President, is
2 there a message at the desk?
3 ACTING PRESIDENT KUHL: There is.
4 SENATOR BRUNO: Move we accept
5 the message.
6 ACTING PRESIDENT KUHL: Motion is
7 to accept the message of necessity at the desk.
8 All those in favor signify by saying aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response.)
12 The message is accepted.
13 Secretary will call the roll.
14 THE SECRETARY: Section 6. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 THE SECRETARY: Ayes 59.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Bruno.
22 SENATOR BRUNO: Regular order,
23 Mr. President.
10616
1 ACTING PRESIDENT KUHL: Return to
2 the controversial reading of Supplemental
3 Calendar Number 3.
4 THE SECRETARY: Calendar Number
5 1437, by Senator Onorato, Senate Print Number
6 1242, an act to amend the Penal Law, in relation
7 to making possession of a lockable folding knife
8 the crime of criminal possession of a weapon.
9 ACTING PRESIDENT KUHL: Senator
10 Gold -- excuse me. Senator Cook, why do you
11 rise?
12 SENATOR COOK: I'd like to ask
13 some questions.
14 SENATOR CONNOR: On the bill?
15 SENATOR COOK: Yeah. Mr.
16 President, I just need a clarification on a
17 couple of points if you could. Could you -- I'm
18 not clear as to what type of knife we're really
19 talking about. Is this -- is this what we would
20 call a jackknife or what is a locking -- a
21 locking knife?
22 SENATOR CONNOR: What this is, is
23 a switchblade.
10617
1 SENATOR COOK: A switchblade?
2 SENATOR CONNOR: Yes, because
3 it's a knife -- it's defined as a folding knife
4 which, when opened, is capable of being locked
5 in an open state by means of a particular
6 mechanical device, in other words you open it
7 and you push a button and it's a switchblade.
8 SENATOR COOK: O.K.
9 SENATOR CONNOR: But there are
10 exceptions. It's not a total switchblade;
11 there's a rider to this. There are all sorts of
12 exceptions. It's a legitimate -
13 ACTING PRESIDENT KUHL: Secretary
14 will read the last section.
15 Senator Sears, why do you rise?
16 SENATOR SEARS: I do have a
17 couple of questions on this. Is a switchblade
18 knife one that you push a button and the blade
19 flips open, is that correct?
20 SENATOR CONNOR: Yes.
21 SENATOR SEARS: Well, this says
22 any folding knife which, when open, is capable
23 of being locked in an open state by means of a
10618
1 stable mechanical device. My problem with this
2 part of it is this. I do a lot of hunting with
3 a knife. When I push the blade, it doesn't fly
4 open.
5 SENATOR CONNOR: When you lock
6 it, it doesn't come back on your finger.
7 SENATOR SEARS: Right.
8 SENATOR CONNOR: This doesn't let
9 you do that, because it says specifically when
10 the knife is being used for or in a place where
11 it's being used for hunting, camping, hiking,
12 picnicking, so virtually any legitimate use, it
13 would permit that, as it should, Senator.
14 SENATOR SEARS: O.K.
15 ACTING PRESIDENT KUHL: Senator
16 Hoffmann, why do you rise?
17 SENATOR HOFFMANN: Senator Connor
18 yield for a question?
19 ACTING PRESIDENT KUHL: Senator
20 Connor yields.
21 SENATOR HOFFMANN: Senator
22 Connor, I realize this isn't your bill. I
23 appreciate you answering some of these
10619
1 questions. If I am feeding cattle at 6:00
2 o'clock in the morning in my barn, with a small
3 folding knife manufactured by Utica Cutlery in
4 Senator Sears' district, which has a locking
5 mechanism, and I go back into the house and I
6 take that knife off my belt and I stick it in my
7 purse so that it will be handy the next time
8 that I need it, and I drive to Albany and I walk
9 into these chambers, would I then be in
10 violation of the law with that knife on my
11 person, because I would not be in the process of
12 hiking, hunting, camping or picnicking or being
13 a Girl Scout? As a New York State Senator,
14 would I not be in violation of the law with that
15 locking knife on my person?
16 SENATOR CONNOR: Well, Senator, I
17 don't know. Do you belong to a paramilitary -
18 SENATOR HOFFMANN: Well if I
19 considered myself a member of a military -
20 SENATOR CONNOR: We have to get
21 all the facts out.
22 SENATOR HOFFMANN: On the bill,
23 Mr. President.
10620
1 ACTING PRESIDENT KUHL: Senator
2 Hoffmann, on the bill.
3 SENATOR HOFFMANN: I rise on this
4 bill right now to recognize that there are a
5 number of us in this chamber, Senator Sears and
6 myself in adjoining districts, who are very
7 concerned about the concerns raised by Utica
8 Cutlery, an esteemed manufacturer of fine
9 knives, which number among them knives with
10 locking mechanisms, not switchblades, my
11 colleagues.
12 There are many types of locking
13 knives which are commonly used in everyday
14 practice and one of them fits neatly on a belt,
15 I wish I had it with me to show everyone. It's
16 a dandy little knife. I wear it right next to
17 my leather awl, which is another multi-purpose
18 tool which no one should be without, but a good
19 locking buck knife is an invaluable tool and we
20 should not be making this illegal.
21 If the sponsors of this bill
22 would like to outlaw the possession of such
23 knives for people engaged in drug trafficking or
10621
1 a specific illicit activity, then they should
2 create a bill that specifically targets that
3 illicit activity instead of trying to anticipate
4 all other types of activities where law-abiding
5 citizens might have them and in omitting some of
6 the activities that those of us in this chamber
7 and many of our constituents pursue.
8 I really think this is a very bad
9 bill, much too broad bill, and I think that we
10 would look a little foolish if we pass this
11 bill. I would urge all of my colleagues to vote
12 no.
13 ACTING PRESIDENT KUHL: Chair
14 recognizes Senator Abate.
15 SENATOR ABATE: Just to clarify
16 on the bill. I would agree with Senator
17 Hoffmann, if this were a law banning these
18 weapons as a per se weapon, this would still
19 make the prosecutor prove that it was not just
20 mere possession. They'd have to prove the
21 intent to use this weapon unlawfully, so this is
22 not a per se weapon. It wouldn't be the mere
23 possession of this knife is a criminal action.
10622
1 It would be the possession with intent to use
2 unlawfully, so if someone that was carrying it
3 to and from their house and it's in their purse,
4 it would not be a crime. It would not be a
5 crime if it's used for hunting. It would not be
6 a crime if it's used to pare an apple. It would
7 only be a crime if it's used in the course of
8 criminal activity. So it's not as broad. It's
9 not a per se weapon.
10 SENATOR CONNOR: Last section.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 SENATOR CONNOR: I didn't say lay
14 aside. Last section.
15 ACTING PRESIDENT KUHL: Last
16 section.
17 Senator Saland, why do you rise?
18 SENATOR SALAND: Again, I realize
19 this is not your bill, but could you tell me if
20 there is anything in this bill that would say
21 that somebody who collects lockable folding
22 knives, those with unusual handles that are
23 hand-crafted, that would be protected under this
10623
1 bill or might, in fact, be guilty of violating
2 the law.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1443, by member of the Assembly Dinowitz,
7 Assembly Print 1170A, substituted earlier today,
8 an act to amend the General Business Law, in
9 relation to advertising the square footage of
10 rentable commercial property.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the last section.
13 SENATOR CONNOR: I'm sorry.
14 1443?
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 1444, by Senator Wright, Senate Print 3182A, an
19 act to amend the Environmental Conservation Law,
20 in relation to special beaver management areas.
21 SENATOR CONNOR: Explanation,
22 please.
23 ACTING PRESIDENT KUHL: Senator
10624
1 Wright, an explanation of Calendar Number 1444
2 has been asked for by the Minority Leader.
3 SENATOR WRIGHT: Thank you, Mr.
4 President.
5 Well, while I recognize the bill
6 has achieved a certain degree of recognition
7 among my colleagues, it is, in fact, a very
8 serious matter in the St. Lawrence River valley
9 and, as a result, has got strong support from
10 the Department of Environmental Conservation,
11 Bureau of Wildlife Management, as well as the
12 Farm Bureau attempting to address the concerns
13 that are being created.
14 What the bill does is establishes
15 a means of addressing the property damage to
16 personal property that is occurring throughout
17 our region of the state and develop a compre
18 hensive management plan with the designation of
19 special management areas for that purpose. That
20 approach was developed on the basis of a series
21 of public meetings throughout the area securing
22 the input from the various stakeholders, to
23 develop appropriate means of addressing the
10625
1 problems and the concerns.
2 Now, let me just share with you
3 some of the statistics that the Wildlife
4 Management Bureau has maintained as indicative
5 of the type of difficulties that are being
6 encountered.
7 Within the period of fall of 1993
8 to 1994, the beaver population increased by over
9 10 percent. That population is expected to
10 continue to increase peaking at 46,000 colonies
11 within the next ten years up from 19,000 at the
12 current time.
13 Each one of those colonies
14 compose -- are composed of roughly five
15 beavers. To give you an indication of the
16 nature of the complaints that are being
17 generated, in 1994 DEC regional offices received
18 2466 beaver-related complaints reflecting a 12.5
19 percent increase. At peak populations it's
20 expected there will be in excess of 8,000 annual
21 complaints at an average cost of $2500 in damage
22 which in this last year alone exceeded $6
23 million in personal property damage. At its
10626
1 peak it's expected that there will be $20
2 million in personal property losses as a result
3 of the problems being caused.
4 So the approach was to use
5 special management areas that authorize DEC to
6 then develop and implement, by regulation, a
7 particular management plan to protect the
8 interests of the landowners and, at the same
9 time, to protect the environmental concerns
10 relative to wetlands and downstream impacts.
11 To give you an idea, in one wild
12 life management area in the past year the beaver
13 removal harvest was 6264. In addition, special
14 permits were issued for another 612, bringing
15 the total number of removals to 6800 animals.
16 That is still 3,000 less than the projected
17 population management targets of the Wildlife
18 Bureau, and a recent aerial survey indicated
19 that the population ratio, even after those kind
20 of numbers are taken, is still too high at one
21 and a quarter colonies per square mile and
22 that's a very intensive situation.
23 So there has been considerable
10627
1 effort made to recognize the nature of the
2 problem, to recognize the sensitivity of the
3 animal itself, but at the same time to recognize
4 the concerns of the property owners, of the
5 farmers who literally end up with hundreds of
6 acres under water preventing it from being
7 productive management property and, as a result,
8 this is the approach that's been developed in
9 consultation with the Department of
10 Environmental Conservation to take a reasonable
11 approach to management.
12 ACTING PRESIDENT KUHL: Senator
13 Connor.
14 SENATOR CONNOR: Yes. Will the
15 Senator yield for a question?
16 SENATOR WRIGHT: Yes, I will, Mr.
17 President.
18 ACTING PRESIDENT KUHL: Senator
19 yields.
20 SENATOR CONNOR: Senator, with
21 respect to this dam bill, could you -
22 SENATOR WRIGHT: I appreciate the
23 levity, Senator.
10628
1 SENATOR CONNOR: That's d-a-m,
2 d-a-m, please. There are some others that I
3 could share with you that have been shared with
4 me.
5 Could you please tell me where,
6 in fact, these special beaver areas are?
7 SENATOR WRIGHT: They are not
8 designated at this point in time. The statute
9 authorizes, and I would read the section where
10 it specifically designates. When it finds that
11 an area of the state is suffering excessive
12 damage caused by the beaver, the Department may,
13 by regulation, designate such an area as a
14 special management area and then it goes on to
15 articulate the considerations to be taken into
16 account.
17 SENATOR CONNOR: Would the
18 Senator further yield, Mr. President?
19 ACTING PRESIDENT KUHL: Senator
20 Wright, do you yield?
21 SENATOR WRIGHT: Yes, I do.
22 ACTING PRESIDENT KUHL: Senator
23 Wright yields.
10629
1 SENATOR CONNOR: Thank you, Mr.
2 President.
3 I wonder if Senator Wright could
4 tell us whether, for example, public lands would
5 be eligible to be designated as a special beaver
6 management area under this legislation.
7 SENATOR WRIGHT: In terms of
8 DEC's definition, you have public wildlife units
9 that include both public and private lands.
10 SENATOR CONNOR: So if the
11 Senator would yield for a further question.
12 Could -- under this legislation and its regula
13 tions, for example, could forever wild lands in
14 the Adirondacks be designated as special beaver
15 management areas, thus allowing the destruction
16 of dams without any supervision by DEC?
17 SENATOR WRIGHT: No, Senator, I
18 do not believe that's the intent of the agency.
19 It's certainly not my intent and, again, I think
20 if you'll note, the criteria is "suffering
21 excessive damage" and the background material
22 that we shared that the agency has been using is
23 all predicated on personal property damage,
10630
1 damage to roadways, damage to farms going under
2 water, those are the kinds of conditions that
3 are certainly not the type of concern that would
4 exist in a designated forever wild area in the
5 Adirondack Park.
6 SENATOR CONNOR: Will the Senator
7 yield for a further question?
8 ACTING PRESIDENT KUHL: Senator
9 Wright, do you continue to yield?
10 SENATOR WRIGHT: Yes, I will.
11 ACTING PRESIDENT KUHL: Senator
12 continues to yield.
13 SENATOR CONNOR: Senator, I once
14 had the wonderful experience of seeing a dam in
15 formation on a hiking trail in the Adirondacks,
16 a laid-out hiking trail. You had to get off the
17 trail because the energetic beavers, who I guess
18 are the world's best engineers, had actually
19 begun the formation of a dam in a little stream
20 that crossed the trail, and the water was
21 building up. I think they only had been at it a
22 couple of days. It was amazing to see.
23 Now, would you consider, for
10631
1 example, interfering with such a marked trail as
2 -- as the kind of damage to property that would
3 warrant designation of it as a special
4 management area?
5 SENATOR WRIGHT: No, Senator, I
6 don't anticipate that that would be a
7 circumstance that this would be utilized in
8 either. Again, the intent -- and I've seen
9 those dams under construction myself as I've had
10 occasion to walk those trails with my daughter
11 who has enjoyed that experience as much as I
12 have, but I've also had the occasion to see
13 fertile agricultural property under water where
14 it was previously productive. I've seen fertile
15 timber land that was previously productive under
16 water. I've seen roadways that have been under
17 cut as a result of the water and the erosion
18 that have cost additional monies to small towns
19 and villages on a recurring basis, so I've seen
20 the down side of what I'm sure was a very good
21 experience for you as it was for me, and so
22 we're trying to take both of those factors into
23 consideration in designating a management area
10632
1 and allowing the agency to respond in an
2 appropriate fashion dictated by the problems
3 that are occurring.
4 SENATOR CONNOR: Mr. President,
5 would the Senator yield for one further
6 question?
7 ACTING PRESIDENT KUHL: Senator
8 Wright -
9 SENATOR WRIGHT: Yes, I will.
10 ACTING PRESIDENT KUHL: Senator
11 continues to yield.
12 SENATOR CONNOR: Presently, is
13 there not a program of DEC which informs
14 property owners that have beaver problems to
15 call the regional office and provides for
16 technicians from DEC and the Division of Fish
17 and Wildlife to promptly inspect the property to
18 assess the conditions and they authorize the
19 issue of immediate permits even if the dams are
20 on a regulated fresh water wetland or a
21 protected stream; isn't there presently a
22 program like that?
23 SENATOR WRIGHT: Yes, there is
10633
1 Senator; there is a program. I think the two
2 controlling words are "immediate" and "prompt
3 ly", two you have utilized that have not been
4 the experience and, as I pointed out, under the
5 existing permit system, even when those permits
6 have been issued, there continues to be a rapid
7 growing older population that is not part of the
8 planned management control of that population
9 and, as a result, the very agency that is
10 administering this program has actively sought
11 for the last year public input from the various
12 stakeholders as to how to best resolve this
13 problem.
14 The fact that they are having
15 increasing complaints, the fact that even when
16 they respond promptly and when they provide
17 timely permits, it does not sufficiently
18 mitigate the problem and consequently they have
19 developed this alternative as the best approach
20 to utilize.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Oppenheimer.
23 SENATOR OPPENHEIMER: Thank you.
10634
1 I wonder, are you aware, Senator
2 Wright, that there are -- if you would yield for
3 a question.
4 ACTING PRESIDENT KUHL: Senator
5 Wright, do you yield to Senator Oppenheimer?
6 SENATOR WRIGHT: Yes, I do.
7 ACTING PRESIDENT KUHL: The
8 Senator yields.
9 SENATOR OPPENHEIMER: -- that
10 there are alternatives to the measures that you
11 are suggesting in your bill? There are
12 alternatives that are humane that already exist
13 in other states for controlling the beaver
14 population?
15 SENATOR WRIGHT: Yes, I am aware
16 of that, Senator, and I would point out that the
17 bill in no way precludes utilization of those
18 techniques. In fact, the bill does not specify
19 a particular technique to be utilized. The bill
20 authorizes the designation of a management area,
21 the development of a comprehensive management
22 plan within that area and a variety of
23 techniques that can be utilized by the agency
10635
1 conditioned upon the circumstances that they
2 feel warrants that kind of response. So those
3 alternatives used in Maine and other areas are
4 not precluded at all and, in fact, may well be
5 the appropriate response that is incorporated
6 within the management plan within the designated
7 area.
8 SENATOR OPPENHEIMER: Then I
9 guess I would have to question how you feel
10 about the legalization of underwater snare traps
11 which is a part of this bill?
12 SENATOR WRIGHT: What this bill
13 does, Senator, is it authorizes the utilization
14 of that but, if you'll notice, on line 24 the
15 controlling word is "the Department may by
16 regulation permit the use" and again, it is an
17 alternative that is available to the agency and
18 again predicated on the conditions and the
19 severity of those conditions would dictate
20 whether or not the agency utilized that
21 particular approach.
22 SENATOR OPPENHEIMER: But you
23 will admit that the fact that it is permitted
10636
1 when it has not heretofore been permitted is
2 legalizing a form of trap that we have felt is
3 not humane throughout the state.
4 SENATOR WRIGHT: I would note
5 here, Senator, that there has been legalized
6 trapping of the beaver. This particular al
7 ternative has not been authorized. It is
8 authorized as an alternative and an option that
9 may be utilized by the agency again based on
10 what I believe to be a reasonable assessment of
11 the severity of the conditions.
12 If, in fact, all of the
13 circumstances that are being predicted here do
14 come to fruition, then it may well be an
15 alternative that they would have to pursue. I
16 don't envision them taking that lightly. I
17 think they well recognize, as I do, and I'm sure
18 my colleagues recognize, that that is not an
19 alternative that has been authorized
20 heretofore. This simply provides it as an
21 alternative, the controlling language being
22 "may" as opposed to "shall".
23 SENATOR OPPENHEIMER: And if you
10637
1 would yield further.
2 ACTING PRESIDENT KUHL: Senator
3 Wright, do you continue to yield?
4 SENATOR WRIGHT: Certainly.
5 ACTING PRESIDENT KUHL: Senator
6 continues to yield.
7 SENATOR OPPENHEIMER: Could you
8 tell me the reasoning behind increasing the time
9 period that traps go unchecked from one day to
10 two or three days? If traps are not checked and
11 animals are caught in them, it's an extremely
12 painful slow death to not be taken out for three
13 days instead of our present one day.
14 SENATOR WRIGHT: Well, Senator, I
15 think it's just a recognition of the timeliness
16 of checking those particular traps. The -- the
17 extension of the period of time here, I do not
18 believe would have any adverse effect on -- on
19 the use of the trap one way or the other.
20 SENATOR OPPENHEIMER: All right.
21 Thank you, Senator. On the bill, please.
22 ACTING PRESIDENT KUHL: Senator
23 Oppenheimer, on the bill.
10638
1 SENATOR OPPENHEIMER: Well, we've
2 been talking pretty much about animals, and
3 that's an important part of this, and another
4 important part is our state's historic
5 commitment to wetlands, an issue that I have
6 been involved with for over 20 years, and this
7 would involve the destruction of as much as a
8 hundred thousand acres of wetland, and there
9 would be almost no oversight by DEC.
10 DEC has limited oversight now in
11 that they are approving the permits with almost
12 no oversight at all, but at least there is still
13 a role that DEC can play. With this bill, there
14 would be no role and the environmental impacts
15 are severe for wetlands as well as for the
16 dependent wildlife that I mentioned earlier.
17 I feel a great risk on many
18 animals with the underwater snare trap, and
19 we're talking about otters, ducks, loons,
20 turtles, I'm talking of beavers and many water
21 foul, and these will be experiencing very slow
22 death by drowning, and it's -- it's something
23 that I don't, you know, the needless suffering
10639
1 is appalling to me, and the leg hold traps we
2 have not permitted because they are so abusive
3 to the animal and cause such suffering.
4 There are alternatives in -- in
5 Maine, the Department of Inland Fisheries and
6 Wildlife and the U. S. Fish and Wildlife Service
7 have both stated that destroying beavers and
8 dynamiting their dams only allows more beavers
9 to move into the vacated habitat. Flooding
10 problems will continue. However, by working
11 with beavers and controlling local water levels
12 with human made devices of pipes and fencing,
13 they can attain a permanent and economical
14 solution, and this is what I think we ought to
15 be pursuing. We ought to be looking at those
16 alternatives and, on a more humane note, we
17 should note that the beaver, since 1975, is the
18 animal of New York State. It is our state
19 animal, and I -- I feel very strongly and so do
20 every one of the environmental groups, that this
21 is a very poor bill because it's harmful to
22 wildlife and it's harmful to our state program
23 of wetland conservation.
10640
1 I'll be voting no.
2 ACTING PRESIDENT KUHL: Senator
3 DiCarlo.
4 SENATOR DiCARLO: Thank you, Mr.
5 President.
6 Does the Senator yield for a
7 question?
8 ACTING PRESIDENT KUHL: Senator
9 Wright, do you yield to Senator DiCarlo?
10 SENATOR WRIGHT: Senator will
11 yield.
12 ACTING PRESIDENT KUHL: Senator
13 yields.
14 SENATOR DiCARLO: Senator Wright,
15 Senator Oppenheimer raised one point that I was
16 going to raise with you. Were you aware of the
17 fact that the state animal of New York State was
18 the beaver?
19 SENATOR WRIGHT: Senator DiCarlo,
20 I'm well aware of that fact, as you have pointed
21 out to me on numerous occasions as we've dis
22 cussed this bill in this corner of the chamber
23 and as other colleagues have pointed out to me.
10641
1 I would point out that, as the Senator noted, it
2 has been the state animal for some period of
3 time and during that entire period of time, we
4 were authorized to trap and by permit to take
5 beaver. So this does not alter our relationship
6 with our state animal.
7 SENATOR DiCARLO: Does the
8 Senator yield?
9 ACTING PRESIDENT KUHL: Senator
10 Wright, do you continue to yield?
11 SENATOR WRIGHT: Yes, I do, Mr.
12 President.
13 ACTING PRESIDENT KUHL: The
14 Senator yields.
15 SENATOR DiCARLO: Along the same
16 lines, Mr. President, a question. Is Senator
17 Wright also aware that the beaver is the symbol
18 of a major -- some say major, some say minor
19 party in the state of New York and is he aware
20 of the party that the beaver is the symbol for?
21 SENATOR WRIGHT: I was not aware
22 of that, Senator, until you brought it to my
23 attention earlier this evening; however, I'm
10642
1 sure that this bill will achieve bipartisan
2 support.
3 SENATOR DiCARLO: Mr. President,
4 through you, the question again to Senator
5 Wright, is he aware of the party that the beaver
6 is the symbol of?
7 SENATOR WRIGHT: I do not have
8 personal knowledge, Mr. President. The
9 knowledge that I have is secondhand provided by
10 a colleague and whether or not that's accurate
11 knowledge, I can't vouch for.
12 ACTING PRESIDENT KUHL: Senator
13 DiCarlo.
14 SENATOR DiCARLO: Well, to answer
15 the question that I posed to the Senator, the
16 beaver is the symbol of the Conservative Party.
17 On the bill.
18 ACTING PRESIDENT KUHL: Senator
19 DiCarlo, on the bill.
20 SENATOR DiCARLO: This is a very,
21 very serious issue and one thing I can say about
22 Senator Wright is this bill, he and I have sat
23 next to each other for almost two years now.
10643
1 This is our second session, and this bill has
2 been a bill that I've spoken to the Senator
3 about for two years now, and I never thought he
4 would bring this bill out and he brought it out
5 tonight, and this is an important bill to the
6 Senator.
7 Far be it from me as a guy from
8 Brooklyn to tell the North Country how to run
9 their affairs. We've had a lot of good fun with
10 this bill, but it is a serious bill, and I will
11 listen to the advice of my colleague from the
12 North Country and I would support this
13 legislation.
14 ACTING PRESIDENT KUHL: Senator
15 Hoffmann.
16 SENATOR HOFFMANN: Thank you, Mr.
17 President.
18 I recognize that some of my
19 colleagues in the chamber have received the
20 memorandum from the Environmental Planning
21 Lobby. As they are wont to do, they have
22 provided us with their summation of this bill
23 and, to quote Senator Cook, it has three cigars
10644
1 indicating they think it is a very, very bad
2 bill, and I would dispute their rating of this
3 bill with the three cigars, but more
4 importantly, I would like to offer the
5 perspective of a landowner and a farmer as to
6 what it means to the stewards of the land in
7 this state, farmers who are faced with enormous
8 environmental danger and damage to their own
9 land, something which EPL seems not to even
10 consider when it puts out this memo and, in
11 fact, it troubles me greatly to see that a group
12 which labels itself as an environmental
13 protection group would have so little regard for
14 the manner in which farmers conduct their
15 activities because farmers more carefully
16 safeguard the land than do any of the rest of
17 the citizens in this state because it is, in
18 fact, their livelihood.
19 But EPL, in putting this memo
20 together, has used the phrase that, because this
21 bill would essentially create an open season on
22 beavers -- not true, by the way, for anybody
23 reading the bill as Senator Wright so carefully
10645
1 explained -- and I'm further quoting from the
2 EPL memo, "*** and lead to the destruction of
3 thousands of acres of wetland, EPL strongly
4 opposes this bill."
5 This shows just how backwards EPL
6 has this situation. It is not farmers
7 destroying wetlands that is the issue here. It
8 is beavers creating wetlands out of viable farm
9 land that is the issue that has led to the
10 necessity for this bill.
11 Most farmers enjoy beavers as do
12 the rest of us. I have a couple of beavers
13 building a beautiful lodge. Senator Connor, you
14 might like to bring your children; Senator
15 Wright, your children are welcome to come and
16 watch this lodge and dam under construction just
17 adjacent to my farm.
18 Now, let me tell you what is
19 happening with that lodge and that dam. All of
20 us have heard the expression "busy as a
21 beaver." By golly, these little critters have
22 made sure that in a relatively short period of
23 time they have flooded the stream over its banks
10646
1 and it is continuing to flood and soon will
2 engulf a great deal of tillable land.
3 The result of that is that a
4 farmer who is forced to get a permit from DEC or
5 forced to wait for an authorized DEC trapper to
6 come and remove those beavers will face the
7 certain loss of a crop or hay or pasture land,
8 and agriculture, my colleagues, is our number
9 one industry in this state. There may not be
10 many farmers left in this Legislature in either
11 house, but we owe it to respect the farmers of
12 this state that when they feel the need for a
13 measure like this, we should give it some
14 serious consideration.
15 I think it's unfortunate that
16 it's come up this late, that it didn't come
17 through the usual committees, but I think
18 Senator Wright did an admirable job of
19 explaining it. He used careful statistical
20 analysis, discussed the relationship between DEC
21 and those purveyors of the land, those who have
22 timber or agricultural -- other agricultural
23 activities who would be affected by this. So
10647
1 before you take too literally the words of EPL,
2 listen to those of us who do have to live side
3 by side with beavers and do experience the loss
4 of our lands to wetlands. It is not, as EPL
5 would describe, the loss of wetlands to
6 agriculture that has necessitated this bill.
7 I would urge an "aye" vote on
8 this measure tonight.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 9. This
12 act shall take effect on the 1st day of
13 October.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 ACTING PRESIDENT KUHL: Announce
18 the results when tabulated.
19 The Chair recognizes Senator
20 Sears to explain his vote.
21 SENATOR SEARS: Thank you, Mr.
22 President.
23 I would just like to point out
10648
1 that I value the beaver as the state animal. I
2 am also a co-sponsor of this bill, and let me
3 just point out one other thing and that is that
4 when you trap the beaver, you don't have to trap
5 them to kill them.
6 We have a situation that a very
7 popular shopping center up in New Hartford just
8 outside of Utica, there was a problem when it
9 was built because there was beaver to the
10 wetland. We solved the problem by taking these
11 beaver out of there, but we live trapped them
12 and replanted them somewhere else and there was
13 nothing wrong with them. We didn't kill them.
14 They had a brand new life, they started building
15 beaver dams at another location. So this thing
16 isn't all bad.
17 I might remind you of something
18 else. I think so much of the beaver, those of
19 you who may have had an illness at one time or
20 another, I developed a get well card that uses
21 the beaver in it, and for those of you who may
22 have received one, it simply is a clothesline
23 with a beaver in a night shirt hangin' on the
10649
1 clothesline like this (indicating) and my
2 message simply says "Hang in there and get
3 better."
4 I vote for the bill. Thank you.
5 ACTING PRESIDENT KUHL: Senator
6 Sears will be recorded in the affirmative.
7 Senator Oppenheimer to explain
8 her vote.
9 SENATOR OPPENHEIMER: It's just
10 about every environmental group that is against
11 this, it's not just EPL. It's Sierra; it's
12 Audubon; it's a whole listing of them, and I
13 agree with Senator Sears that there are humane
14 ways to trap the beaver. I just do not believe
15 that the leg snare trap is something that we
16 want to subscribe to in the state of New York.
17 I'll be voting no.
18 ACTING PRESIDENT KUHL: Senator
19 Oppenheimer recorded in the negative. Senator
20 Paterson to explain his vote.
21 SENATOR PATERSON: Mr. President,
22 I just want the record to note that
23 Environmental Advocates, Sierra Club, Actors and
10650
1 Others for Animals, People for Animal Rights and
2 a number of groups are against this bill. One
3 of their sources of opposition was not mentioned
4 in this discussion is the fact that the under
5 water traps that are also allowed in this bill
6 would trap the loons which are an endangered
7 species, would also trap otters and turtles and
8 probably anybody else who would be in the
9 stream.
10 We urge a no vote.
11 ACTING PRESIDENT KUHL: How do
12 you vote, Senator Paterson?
13 SENATOR PATERSON: No.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson will be recorded in the negative.
16 Results.
17 THE SECRETARY: Those recorded in
18 the negative on Calendar 1444 are Senators
19 Abate, Dollinger, Goodman, Jones, Leibell,
20 Maltese, Marcellino, Markowitz, Maziarz,
21 Oppenheimer, Paterson, Solomon, Stachowski,
22 Stavisky, Senator Tully, Senator Connor, also
23 Senator Montgomery, also Senator Levy, also
10651
1 Senator LaValle. Ayes 40, nays 19.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Secretary will continue to call
5 the controversial calendar.
6 THE SECRETARY: Calendar Number
7 1450, by Senator Hannon, Senate Print Number
8 4315A, an act -
9 SENATOR CONNOR: Explanation.
10 ACTING PRESIDENT KUHL: Senator
11 Hannon, an explanation of Calendar Number 1450
12 has been asked for by the Minority Leader.
13 SENATOR HANNON: Yes, Mr.
14 President.
15 This bill requires that any
16 contract by NYPA, New York Power Authority be -
17 that would be between it and the federal entity
18 be under the determination that it's for the
19 benefit of the area ratepayers.
20 ACTING PRESIDENT KUHL: Senator
21 Connor.
22 SENATOR CONNOR: Yes, Mr.
23 President. Will Senator Hannon yield to a
10652
1 question?
2 SENATOR HANNON: Yes.
3 ACTING PRESIDENT KUHL: Senator
4 yields.
5 SENATOR CONNOR: Thank you,
6 Senator.
7 Could you give me an example?
8 Are there existing contracts? I mean is this a
9 real problem somewhere, or are we just antici
10 pating somehow or other in the future that the
11 New York Power Authority will start giving away
12 electricity to the federal government?
13 SENATOR HANNON: Well, the
14 genesis of this is that the -- there's currently
15 a vieing between the Con Ed and NYPA as to who
16 can supply power to the United States for usage
17 in the New York City area and, of course, NYPA,
18 if it does it, can supply power at a no tax
19 basis, no utility gross receipts basis, et
20 cetera, so they have this distinct advantage and
21 the thought here is, unless they do something
22 that would be for the benefit of the area
23 involved, the city of New York, that they ought
10653
1 not to do that.
2 Remember, we have about one-third
3 of gross receipts of the Con Ed that goes for
4 some tax of one form or another, so we as a
5 state and the -- the legislators have a vested
6 interest in having it being -- go towards Con
7 Ed, so we can use it as a vehicle for greater
8 tax collection. We know that both the city and
9 the state have problems in revenue, so this
10 would be a good reason for doing it.
11 SENATOR CONNOR: Mr. President,
12 would the Senator yield for another question?
13 SENATOR HANNON: Yes.
14 ACTING PRESIDENT KUHL: Senator
15 continues to yield.
16 SENATOR CONNOR: Senator, I
17 assume you're referring to indirect taxes
18 because would not any direct taxes by a
19 ratepayer find the federal government exempt
20 from such state taxation?
21 SENATOR HANNON: The gross
22 receipts that come to the utilities, I don't
23 believe so.
10654
1 SENATOR CONNOR: That's an
2 indirect tax.
3 SENATOR HANNON: When I said a
4 third, we're talking about the indirect tax.
5 SENATOR CONNOR: O.K.
6 SENATOR CONNOR: That's why we
7 have a separate category for utilities just in
8 the city of New York. That's why we have them
9 keeping their same percentage of the rate base,
10 of the real property tax base, that they've
11 always had; so yeah, but it's a question of
12 where we're going to collect the money.
13 For instance, the other thing
14 that I thought of is, look, NYPA gets to sell
15 this at about, oh, about 7 cents a kilowatt. I
16 don't know what Con Ed's price is, but my guess
17 is it's about 13, 14 cents a kilowatt, so you
18 can see the advantage that it has.
19 If we want to have that type of
20 differential, why don't we get those low kilo
21 watts going to residents of the city of New York
22 and Westchester and Long Island where we're
23 paying way above that? I just can't see it and
10655
1 this is all at a time, surprised you'd be, you
2 know, objecting to this. This is all at a time
3 when the federal government says in its drive to
4 balance the budget they're going to take
5 billions of dollars out of the state of New
6 York.
7 SENATOR CONNOR: Thank you. On
8 the bill, Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Connor, can you excuse me just a minute?
11 Gentlemen, ladies, can we keep it down just a
12 little bit, please. It's very noisy in here.
13 We only have a few bills left, and members
14 please take their seats, conversations out of
15 the chamber.
16 Thank you, Senator Connor.
17 Senator Connor, on the bill.
18 SENATOR CONNOR: Yes, Mr.
19 President.
20 I didn't realize that we had such
21 a problem. I can think of these federal
22 facilities in the city of New York with which
23 I'm familiar in my own district, Governor's
10656
1 Island which was for many years an Army facility
2 and then the Coast Guard, I think, they're going
3 to close that now. I think the city of New York
4 would rather keep those 6,000 military personnel
5 there and remember when they represented Staten
6 Island, we had a Homeport, big investment by the
7 federal government supported by many, many
8 people in New York City, albeit controversial in
9 some quarters. Unfortunately, that's closed.
10 I know just a couple years ago
11 the city of New York was fighting to keep the
12 Homeport. It seems to me that while local input
13 is important, the federal government is just not
14 the enemy. I would hate to see federal
15 installations moved from New York State and New
16 York City because regrettably for some of the
17 reasons Senator Hannon pointed out in terms of
18 gross receipts taxes and other things,
19 regrettably in past years utilities somehow or
20 other had looked like easy pickings because
21 they're there and they can't go anywhere and the
22 ultimate taxpayer, the ratepayer, has the impact
23 of the taxes somehow or other, but I would
10657
1 really in this time of shrinking federal
2 government, shrinking federal facilities,
3 military and non-military, as the federal
4 government moves to balance its budget, there is
5 only one way it can do it and that is by making
6 government smaller and more efficient as the
7 President just outlined, and I know Congress has
8 their version of that, and I'm sure they'll work
9 that out.
10 I would just hate to do something
11 that would encourage the federal government to
12 say, Let's pull out of New York because, gee,
13 power costs there are too much. Senator Hannon
14 said they could conclude, Gee, we're paying 14
15 cents a kilowatt hour because of all the taxes
16 there. If we have a choice between closing the
17 whatever department's facility, whether it's
18 Bureau of Prisons or military or whatever in New
19 York or in Tennessee where power is cheap
20 because of a federal authority, let's close up
21 in New York because we would lose the jobs. We
22 would lose other sorts of revenue that New
23 Yorkers who were employed by the federal
10658
1 government contribute in state taxes, and so
2 on.
3 So I don't see a direct problem
4 here. I see Senator Hannon raises a theoretical
5 problem, and I can see that leading to some very
6 practical problems whereby we could actually
7 lose jobs in New York provided by the federal
8 government.
9 ACTING PRESIDENT KUHL: Chair
10 recognizes Senator Hannon.
11 SENATOR HANNON: Yes, Mr.
12 President, just to close.
13 That's why the whole point about
14 benefit. That's why it's a good one and that's
15 why we say that there should be a finding that
16 any agreement would be for the benefit of the
17 ratepayers and for the state because we could
18 recognize there could be some direct benefit.
19 Otherwise, we would just be having these
20 contracts entered into for the aggrandizement of
21 some public benefit corporation which I don't
22 think is why they should exist.
23 I think we should-- they have had
10659
1 a long period of good service to the state.
2 This is just -- the whole thing has just come up
3 in the last two years, and I think we should let
4 them continue with their tradition of service,
5 and that's what this would encourage them to do.
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 ACTING PRESIDENT KUHL: Announce
14 the results when tabulated.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar 1450 are Senators
17 Connor, Hoffmann, Maziarz, Paterson, Sears,
18 Seward and Stachowski. Ayes 52, nays 7.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Secretary will continue to call
22 the controversial calendar.
23 THE SECRETARY: Calendar Number
10660
1 1455, by Senator Cook, Senate Print 5325.
2 SENATOR CONNOR: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Cook, an explanation of Calendar 1455 has been
5 asked for by the Minority Leader.
6 SENATOR COOK: Mr. President, as
7 I -- the information that I have available is
8 that originally the school districts within this
9 particular BOCES had self-insurance, health
10 insurance. I don't know how you do that, but
11 apparently they did.
12 At one point, it became apparent
13 to them that that was not a good idea, so they
14 did pool all of these self-insurance programs
15 into a -- an insurance plan that's functioning,
16 that operates through the BOCES. But they
17 retained the individual plans to the point where
18 the experience rating for each school district
19 became the basis for the rate for that
20 individual school district, so that each one
21 continued to pay its premium based upon whatever
22 claims were made by that -- by the employees
23 from that particular school district.
10661
1 Community rating, of course,
2 requires now that there be a common rate across
3 the entire plan, and what this -- what is going
4 to happen as a result of going to community
5 rating, because there are some school districts
6 that have had very low rates and some that have
7 had comparatively high rates within the system,
8 is that one school district is actually going to
9 face a 77 percent increase in the premium if
10 they have do it all in one year.
11 That's why they're asking for a
12 three-year phase-in so that they can phase that
13 77 percent or whatever those increases are in
14 over a period of time, so that they ultimately
15 will get to community rating, but they want a
16 three-year phase-in period.
17 ACTING PRESIDENT KUHL: Senator
18 Connor.
19 SENATOR CONNOR: Yes, Mr.
20 President. Would Senator Cook yield to a
21 question?
22 SENATOR COOK: Yes.
23 ACTING PRESIDENT KUHL: Senator
10662
1 yields.
2 SENATOR CONNOR: Will not the
3 ratings of some of the, for lack of a better
4 word, better rated school districts in this
5 consortium under community rating go down?
6 SENATOR COOK: They -- yes, they
7 will.
8 SENATOR CONNOR: Yes, the higher
9 rated ones.
10 SENATOR COOK: Yes. At a certain
11 point, Senator, Mr. President, if I may, at a
12 certain point, that's correct, and, of course,
13 that's what community rating is supposed to do,
14 but their original agreement, this is by common
15 agreement among all of them, when they started
16 was they were going to have individual rates so
17 these districts are willing to -- to accept the
18 fact that they will not get, if you will, the
19 benefit simply because it was the original
20 agreement, that was the way they were going to
21 work. Now, they will get there eventually, but
22 it is by common agreement.
23 SENATOR CONNOR: Thank you.
10663
1 Explanation satisfactory.
2 ACTING PRESIDENT KUHL: Secretary
3 will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll. )
9 ACTING PRESIDENT KUHL: Announce
10 the results when tabulated.
11 THE SECRETARY: Ayes 58, nays
12 one, Senator Dollinger recorded in the
13 negative.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1459, by the Senate Committee on Rules, Senate
18 Print 5415, an act to amend the Tax Law, the
19 General City Law and the Administrative Code of
20 the city of New York.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 3. This
10664
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 ACTING PRESIDENT KUHL: Announce
6 the results when tabulated. Those members
7 voting in the negative please put your hands up
8 and keep them up so the Secretary can record the
9 negatives.
10 THE SECRETARY: Those recorded in
11 the negative on Calendar 1459 are Senators Cook,
12 Hannon, Holland, Johnson, Lack, Larkin, LaValle,
13 Leibell, Levy, Libous, Marcellino, Oppenheimer,
14 Saland, Skelos, Trunzo, and Tully. Ayes 43,
15 nays 16.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Wright, why do you rise?
19 SENATOR WRIGHT: Mr. President,
20 could I request unanimous consent to be recorded
21 in the negative on Calendar Number 1450.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator Wright
10665
1 will be recorded in the negative on Calendar
2 Number 1450.
3 Secretary will continue to call
4 the controversial calendar, Supplemental
5 Calendar Number 3.
6 THE SECRETARY: Calendar Number
7 1461, by the Senate Committee on Rules, Senate
8 Print 5417, an act to amend the Local Finance
9 Law, in relation to the sale of bonds and notes
10 of the city of New York.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the last section.
13 THE SECRETARY: Section 8. 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 59.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1467, by Senator Stafford, Senate Print 5369, an
23 act to amend the Alcoholic Beverage Control Law,
10666
1 in relation to licenses to sell beer and wine.
2 SENATOR CONNOR: Explanation.
3 ACTING PRESIDENT KUHL: Senator
4 Stafford, an explanation of Calendar Number 1467
5 has been asked for by several members of the
6 Minority.
7 SENATOR STAFFORD: Thank you, Mr.
8 President.
9 I think I can explain this in a
10 rather timely manner.
11 ACTING PRESIDENT KUHL: Senator
12 Stafford, excuse me for the interruption. It's
13 still too noisy in here. Quiet it down,
14 please.
15 SENATOR STAFFORD: I'll try to be
16 very clear. The industry has asked for this
17 legislation. At the present time, if someone
18 sells both beer and wine spritzers -- wine
19 coolers, excuse me. I'm trying to get out of
20 work here -- wine coolers, they pay $180.
21 Now, what this bill will do,
22 there'll be just one permit and you can sell
23 both for $150. Also to clear it up, at the
10667
1 present time, most of the products sold is malt
2 based, so it really comes under the beer tax, so
3 this is something, I think, that will clear -
4 and no one will be confused and have a beer
5 license and a few wine coolers that are left
6 that would be covered. They will not be selling
7 them without the proper permit.
8 ACTING PRESIDENT KUHL: Senator
9 Connor.
10 SENATOR CONNOR: Yes. If the
11 Senator would yield -- I'm sorry, Senator.
12 Reading the bill and I find the license -
13 SENATOR STAFFORD: I had the same
14 confusion.
15 SENATOR CONNOR: Yeah. One is
16 $150 and one is $320. Which one costs which? I
17 don't understand that. In other words, the
18 annual fee for a license to sell beer and wine
19 products at retail not to be consumed under the
20 present shall be $150.
21 SENATOR STAFFORD: That's what it
22 will be if the bill passes.
23 SENATOR CONNOR: Then it says,
10668
1 "However, when the applicant is the holder of
2 two such licenses ..." You mean if they own two
3 stores?
4 SENATOR STAFFORD: More than two
5 stores. That's the way it is now so it would be
6 the same there. If you have more than two
7 licenses, that's what it would be.
8 SENATOR CONNOR: Is that for more
9 than two premises?
10 SENATOR STAFFORD: Right.
11 SENATOR CONNOR: And then you pay
12 $320 -
13 SENATOR STAFFORD: Right.
14 SENATOR CONNOR: -- for each such
15 license?
16 SENATOR STAFFORD: That's the way
17 it was.
18 SENATOR CONNOR: So your first
19 license is $150 and every one after that is
20 $320, is that it?
21 SENATOR STAFFORD: Right. I will
22 -- let me just emphasize -- okay.
23 Thank you.
10669
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 6. This
4 act shall -
5 ACTING PRESIDENT KUHL: Senator
6 Markowitz -- Senator Jones.
7 SENATOR JONES: Would the sponsor
8 just yield to a question?
9 ACTING PRESIDENT KUHL: Senator
10 Stafford, do you yield to Senator Jones? The
11 Senator yields.
12 SENATOR JONES: Can you just
13 clarify for me, Senator, does this just apply to
14 beer and wine coolers that are currently sold or
15 does this allow retail stories to sell actually
16 bottles of wine that they're not currently
17 doing?
18 SENATOR STAFFORD: Very good
19 question. I asked that this morning. Nothing
20 to do with bottles of wine.
21 SENATOR JONES: It has nothing to
22 do -- this does not give grocery stores the
23 right to -- Thank you.
10670
1 SENATOR STAFFORD: I hope that
2 answers the question.
3 SENATOR JONES: That's what I
4 needed to know. Thank you.
5 ACTING PRESIDENT KUHL: Senator
6 Markowitz, did you wish to speak or was that
7 your question?
8 SENATOR MARKOWITZ: Just one
9 further question, Senator Stafford.
10 ACTING PRESIDENT KUHL: Senator
11 Stafford, do you yield to Senator Markowitz?
12 The Senator yields.
13 SENATOR MARKOWITZ: Thank you.
14 In those sections where we refer
15 to wine spritzers or wine coolers, is it
16 commonly referred to in the lower as wine -- as
17 wine products?
18 SENATOR STAFFORD: Wine products.
19 SENATOR MARKOWITZ: So what is -
20 let me ask you a question then.
21 SENATOR STAFFORD: Very
22 confusing.
23 SENATOR MARKOWITZ: Yeah. What
10671
1 is wine -- I mean, wine is not considered a wine
2 product?
3 SENATOR STAFFORD: Another law
4 altogether.
5 SENATOR MARKOWITZ: Thank you.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect January 1.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 59.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1472, by the Senate Committee on Rules, Senate
18 Print 5478, an act to amend the Public
19 Authorities Law.
20 SENATOR CONNOR: Explanation.
21 ACTING PRESIDENT KUHL: The
22 message of necessity was previously accepted.
23 An explanation of Calendar Number 1472 has been
10672
1 asked for.
2 Senator Johnson.
3 SENATOR JOHNSON: Mr. President,
4 this bill makes certain changes in the Public
5 Authorities Law relating to the Long Island
6 Power Authority. It would change the present
7 nine-member board to a seven-member board. It
8 would be five appointees by the Governor,
9 including the chairman and one each from the
10 Speaker of the Assembly and the President of the
11 Senate -- Temporary President of the Senate.
12 There's going to be an oversight function by the
13 Public Authorities Control Board. Anything -
14 any spending over $1 million or any bonding
15 would have to be approved by that body.
16 Also, I think it's very
17 significant that any project which is undertaken
18 by this Authority would have to be determined to
19 be financially feasible, not negatively affect
20 the real property tax rates, hopefully at lower
21 or equal or lower utility rates and not higher
22 rates, and that is what we founded this group
23 nine years ago for. It hasn't done anything
10673
1 helpful in terms of tax rates or utility rates
2 yet, but we're hopeful under this new Governor's
3 administration that this body will be able to
4 function effectively and help Long Island with
5 the horrendous utility rates which we presently
6 suffer under.
7 ACTING PRESIDENT KUHL: The Chair
8 recognizes Senator Connor.
9 SENATOR CONNOR: Yes. Mr.
10 President, would Senator Johnson yield for a
11 question?
12 ACTING PRESIDENT KUHL: Senator
13 Johnson, do you yield?
14 SENATOR JOHNSON: Yes, Mr.
15 President.
16 ACTING PRESIDENT KUHL: The
17 Senator yields.
18 SENATOR CONNOR: Senator, at this
19 late hour, maybe I can shorten it. Do you
20 regard this as significant legislation?
21 SENATOR JOHNSON: Do I think it's
22 significant?
23 SENATOR CONNOR: Yes.
10674
1 SENATOR JOHNSON: I would say so,
2 yes.
3 SENATOR CONNOR: Thank you. And
4 this is a Governor's program bill, if you would
5 yield to a further question, is it not,
6 Senator?
7 SENATOR JOHNSON: Yes, it is.
8 SENATOR CONNOR: Thank you.
9 Mr. President, on the bill.
10 ACTING PRESIDENT KUHL: Senator
11 Connor, on the bill.
12 SENATOR CONNOR: Mr. President,
13 we have rules in this house as the Majority is
14 always prone, and properly so in most cases, to
15 point out to the Minority, but the rules do
16 provide that the Executive, in submitting
17 program bills, must have them in by April 4th, I
18 believe was the date this year. As of April
19 4th, the Governor had submitted but six or seven
20 program bills.
21 Now, as Senator Johnson pointed
22 out, this is significant legislation before us.
23 This involves the governance of an important
10675
1 Authority. It involves a change of some of its
2 membership from an elective to appointive
3 capacity. It involves an Authority that has
4 unlimited authority to go to the market for
5 debt, literally to borrow 8- or $9 billion.
6 Some people have thrown that number around.
7 Indeed, significant legislation, and I look at
8 the bill and it says at the request of the
9 Governor, and I look at the date of introduction
10 and it says June 14th, yesterday.
11 I saw a draft of this yesterday
12 afternoon. This print didn't exist until last
13 night, and I'm informed that actually yesterday
14 in the last 48 hours, some of it as recently as
15 24 hours ago, the Governor has sent up dozens of
16 program bills. Even as thanks to the diligence
17 of the members of this house and the concern of
18 our Majority Leader for a timely conclusion, we
19 are in the closing moments of the -- at least
20 the most -- the regular and ordinary session of
21 this year's session of the Senate, and I wonder
22 -- realistically, a new Governor, I'm not
23 saying, "Gee, he missed April 4th, we shouldn't
10676
1 consider his proposals that are significant."
2 I'm the one who said he didn't have enough time
3 to prepare a budget under our constitutional
4 system. I think we ought to build some more
5 time and we ought to allot a new administration
6 some time but, really, June 14th to propose a
7 whole slew of significant program bills,
8 including this one, to force this Senate in
9 introducing not just this bill but in
10 introducing a couple dozen that have not been
11 brought to the floor today as recently as last
12 night in contravention of the rules of the
13 Senate which require the introduction by April
14 4th?
15 This is picky, picky, picky, gee
16 whiz, so what about the rules, you know, as one
17 member said, What's the Constitution among
18 friends? I guess we can say, What are the
19 Senate rules among friends? As long as we have
20 unanimous consent, I suppose we can do just
21 about anything in terms of the rules, but the
22 more important thing is, where is the public?
23 When does the public get to examine this
10677
1 legislation? Where is the public's view of it?
2 Where is the openness in the process that the
3 Governor promised the public? Where is the
4 chance to scrutinize important legislative
5 proposals? Why deny our fine committee chairs
6 in the Senate as well as in the Assembly and the
7 respective ranking Minority members and the
8 memberships of those committees a chance to have
9 public hearings on these program bills, on these
10 many significant program bills, some of which
11 the Governor announced two days ago in a press
12 conference, things like term limits or whatever,
13 substantial proposals whether you're for them or
14 against them.
15 We need public input. That's
16 what's been wrong with the legislative process,
17 with the governance of this state for some
18 years, and this tardiness putting forth these
19 proposals and expecting the Legislature to act
20 on them -- and I credit the Majority here,
21 frankly, and I know -- I understand their
22 loyalty and general support for the philosophy
23 of the Governor; it's understandable, but I
10678
1 congratulate, frankly, the Majority here for not
2 bringing out more of these program bills even
3 though I fault them over bringing out this one.
4 The fact is, the public ought to
5 have a chance to scrutinize these measures, to
6 question the Governor, to question the
7 Legislature and to have some say so, and we as
8 colleagues ought to have more time -- and I
9 respect, again, the Majority Leader, we're not
10 here -- this is a speech sometimes you would
11 give at 4:00 or 5:00 in the morning and it's not
12 happening. It's only 10:30 at night, but it is
13 10:30 at night and we're just taking up this
14 legislation that was only printed up last night
15 that the public doesn't know about.
16 While this was percolating this
17 afternoon, I heard reports. I received phone
18 calls from Long Island. I heard one Republican
19 county executive didn't like this legislation,
20 was against it. Now, that might have changed in
21 the last few hours, but certainly this afternoon
22 he didn't like it. I heard a member, a present
23 member of this board, a Democratic long active,
10679
1 I guess a Cuomo appointee to this board, didn't
2 like this legislation. That was earlier this
3 afternoon.
4 Why can't we hear from such
5 people in a public forum instead of phone calls
6 from county exec's, "I hear this bill is coming
7 out. It was printed last night. I don't like
8 it." Why aren't there hearings in Long Island
9 about this? We have many fine representatives
10 here from Long Island. Regrettably, they're
11 currently all Republicans in one sense, but fine
12 representatives, perfectly capable of going out
13 and soliciting input from their constituents as
14 they ought to about what Senator Johnson
15 candidly admits is significant legislation
16 involving a significant public authority, a
17 public policy, a public authority that has
18 literally the financial capacity to borrow
19 billions of dollars.
20 I don't understand this. I don't
21 understand this when we were promised with this
22 new administration openness, accountability,
23 public input, no more legislating behind closed
10680
1 doors, reflection and consideration for legisla
2 tion. I don't understand this Legislature being
3 treated to the spectacle of program bills which
4 come out literally the night before the session
5 closes when, in fact, even for a new
6 administration, I wouldn't make this complaint
7 if it was a month late, if we got it on May 4th
8 or May 10th. There would at least be some time
9 to let the press scrutinize this, some time to
10 let the public comment, some time for me, my
11 colleagues to make phone calls to people
12 involved in this issue and say, "What do you
13 think of this?" There's no such time.
14 In view of that such significant
15 legislation going from elected representatives
16 to appointed representatives involving all of
17 this, I urge my colleagues under the
18 circumstances to vote no.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect July 15th.
23 SENATOR CONNOR: Slow roll call.
10681
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT KUHL: Are there
5 five Senators standing? A request for a slow
6 roll call has been made.
7 The Secretary will call the roll
8 slowly.
9 THE SECRETARY: Senator Abate.
10 SENATOR ABATE: No.
11 THE SECRETARY: Senator Babbush.
12 (There was no response.)
13 Senator Bruno.
14 SENATOR CONNOR: Party vote in
15 the negative.
16 ACTING PRESIDENT KUHL: The
17 Secretary will record the party line votes.
18 SENATOR BRUNO: Party vote in the
19 affirmative.
20 THE SECRETARY: Ayes 36, nays 23.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 Senator Bruno, that completes the
10682
1 controversial calendar. Can we have order in
2 the chamber, please.
3 The Chair recognizes Senator
4 Connor.
5 SENATOR CONNOR: Thank you, Mr.
6 President.
7 Upon the assurance of the
8 Majority Leader that this, indeed, is the close
9 of session, although we are planning a return to
10 Albany in two weeks, I would like to take this
11 opportunity as a rookie Minority Leader to make
12 some brief traditional closing remarks.
13 It has been an interesting
14 session, in many ways, as I just alluded to. I
15 have some disappointments about the process, but
16 there have certainly been signs of encouragement
17 as well, encouragement in this house.
18 I want to thank the Majority
19 Leader and the members of the Majority certainly
20 for their courtesies and Senator Bruno who, if I
21 may characterize him also as a rookie Majority
22 Leader, has been refreshing, sometimes
23 demanding, Senator, but always courteous and
10683
1 always full of new ideas. I think in many
2 respects you have kept your promise to open up
3 things in many important respects, and for that
4 I thank you. We are disappointed in others and
5 we will engage you, from time to time, in the
6 coming year to point out what we view at least
7 as some shortcomings.
8 I am disappointed that the budget
9 process which I was very excited to join, given
10 the promise of the Governor in his campaign in
11 the State of the State address developed into
12 weeks of three men and a budget and that is
13 something we should all address not in a
14 partisan way but we ought to look at ways to
15 change the system.
16 On a personal level, I certainly
17 must thank someone who has just done a superb
18 job, in my opinion, for our side day after day
19 out here. I think really except for the last
20 few bills when I exercised my prerogative to
21 lead through the calendar, he has been here
22 every other day of this session and has
23 certainly discharged his responsibilities with
10684
1 great grace, wit and intellect and much loyalty
2 and love: Senator David Paterson, my deputy,
3 and for that, I thank him.
4 (Applause.)
5 My thanks also to the assistant
6 floor leader who has been very helpful both to
7 me and David, Senator Bill Stachowski, to
8 someone who we have not seen much of this
9 session, but I assure you as an elder advisor, I
10 think I talked today to Joe Galiber three times
11 and twice yesterday, and so on. He has been
12 present with me and us certainly more in spirit
13 but in communicating to us at least twice a day
14 getting a call from him saying, What's going on,
15 and sharing his advice and we do wish him a
16 speedy return, but I do want to mention the
17 Ranking Minority member on Finance, Senator
18 Galiber, and I know he would like to hear from
19 all of you, cards, notes, letters and calls.
20 To the rest of our leadership and
21 to my colleagues in the Minority, I thank you.
22 I thanked you in the beginning for your
23 expressions of trust. I thank you now for your
10685
1 cooperation which has been superb. You have
2 been responsive. You have worked well as a team
3 and I have had a whole lot of fun doing this,
4 and so while we will be back shortly, I also
5 want to thank my staff, my counsel, Michael
6 Boxley, John Quirk, our Finance secretary and
7 Mark Bloom, our secretary to the Minority, Amy
8 Solomon and many, many other members of my
9 staff, senior, junior and otherwise who have
10 taught me very much this session.
11 Mr. President, I do thank all
12 these people. I thank you for your courtesy and
13 I wish everyone, I would say an enjoyable
14 break. It will be a short one and then we'll
15 launch a real summer, hopefully in two weeks.
16 Thank you very much.
17 (Applause.)
18 SENATOR BRUNO: Mr. President,
19 would you recognize Senator Montgomery.
20 SENATOR MONTGOMERY: Thank you,
21 Mr. President.
22 I would ask to be recorded in the
23 negative on Calendar 1466 with unanimous
10686
1 consent, please.
2 ACTING PRESIDENT KUHL: Without
3 objection, Senator Montgomery will be recorded
4 in the negative on Calendar Number 1466.
5 The Chair recognizes Senator
6 Bruno.
7 SENATOR BRUNO: Yes, Mr.
8 President. Thank you.
9 Mr. President, it seemed like
10 really not too many days ago that we started
11 this session in January, we were gathered here,
12 and the months have gone by and we're concluding
13 on June 15th as we had planned, and I want to
14 thank everyone that has been involved in the
15 process in my first term and year here as
16 Majority Leader and as a rookie, along with my
17 good friend and colleague, Senator Marty Connor.
18 To do what we have done this year
19 took a lot of support and a lot of help, and I'm
20 not going to go on at great length, but I have
21 to say thank you to so many people, and there
22 are many that I won't mention who also deserve
23 thanks, because people worked literally through
10687
1 the night seven days a week to make things
2 happen, and we did a lot of good things this
3 session, Mr. President.
4 We've served the people well. We
5 passed a budget; we in this house passed one on
6 March 31st. We passed a final budget that
7 literally turns the direction of this state in a
8 very positive way by meeting the needs of the
9 people. We have a great Governor who has
10 provided the leadership in the submission of his
11 budget and being diligent in staying with what
12 he believed in and helped us through the
13 process, and I am grateful to Governor Pataki
14 for his guidance, his leadership on our behalf
15 and the people of this state, and all the people
16 that worked very closely with him who have
17 helped make this evening a successful evening.
18 I want to thank people who are
19 very close to us here. On my right, Senator
20 Dean Skelos, our deputy who has spent hours in
21 this chamber, hours when he has been diligent in
22 helping make all of the effective things happen
23 in this chamber and making us look good so,
10688
1 Dean, I thank you very much for that.
2 (Applause.)
3 And for all of you -- all the
4 other people in leadership positions that have
5 participated in the process and really made it
6 happen, I thank you.
7 Abe Lackman who -- the Secretary
8 to Finance, I would not go through or want to go
9 through a budget negotiation without Abe there
10 helping, directing, leading in making something
11 happen that was important to all of us here in
12 the state. So, Abe, thank you. I wouldn't want
13 to count the hours and the days that he spent
14 along with his staff who stayed with him -- many
15 of the men in the room now, and I thank you all
16 for that.
17 (Applause.)
18 And the chair of the Finance
19 Committee, Senator Ron Stafford, who has been a
20 real partner in helping us with all of the
21 things that we've had to do and, Ron, thank you
22 for being a good friend.
23 (Applause.)
10689
1 Tim Collins and Dave Dudley, I
2 can't recount all the good things that they have
3 done and all of us recognize what it takes, I
4 believe, to get a calendar, a live list, believe
5 it or not, a day before session, I think
6 continually, constantly getting the Rules
7 reports out, maybe for the first time in my 19
8 years that I saw that happen, happen so well,
9 and other than a little printing problem we had,
10 things were flawless.
11 This evening we were slowed down
12 for about 45 minutes or an hour for truly
13 mechanical difficulties, but I want to say thank
14 you to both of you for all of the time, all of
15 the effort that you've spent to help get us here
16 tonight. I want to applaud them.
17 (Applause.)
18 My chief of staff, Steve Boggess,
19 I believe is here in the chamber, and Steve has
20 been with me for more years than either one of
21 us care to remember. I keep aging, he gets
22 younger. Something is wrong, but thank you,
23 Steve, for being there and being here tonight,
10690
1 and Pat Stackrow, my executive assistant, and
2 all of the others that helped me do the job that
3 we've had to do this year and I really couldn't
4 function without these good people around me.
5 John McArdle, who handles the
6 office of communications and who is as diligent
7 as any individual can be, and Marsha White, my
8 press secretary who this year took on
9 responsibilities not knowing what she or John
10 were getting into in trying to make me look good
11 and sound good. Most of the time they did all
12 right, sometimes not so good.
13 (Applause.)
14 We have a Minority Leader in the
15 Assembly, "Rap" Rappleyea who has really been a
16 leader to me and has been extremely helpful, and
17 if "Rap" hears us, I just want to say a sincere
18 thank you to him.
19 And there's so many other people
20 that are around me and I know that as soon as I
21 sit down, I will realize that I have neglected
22 to mention them. I won't be able to sleep
23 tonight, we'll have to convene again tomorrow so
10691
1 I can finish.
2 Senator Marty Connor, our
3 Minority Leader, has been a very worthy member
4 of this house and of the Minority and has
5 handled himself in all of the ways that he
6 should in representing his side of the aisle and
7 his constituency and has been as cooperative as
8 he could be and not so cooperative at
9 appropriate times, and I recognize the necessity
10 of that, but we have had an early process and,
11 you're right with Senator Dave Paterson who has
12 been in the chamber who helped make it work and
13 make it happen and I thank you very, very much,
14 because we really couldn't have the process
15 orderly or disorderly at times without your
16 participation in the process, because it takes
17 both sides of the aisle to make anything happen
18 that is really worth making happen. So thank
19 you for your participation most of the time.
20 And the Journal clerks work
21 through the night and I thank you for that and
22 Steve Sloan, our Sergeant-at-Arms, our pages
23 that are here who just make it all happen around
10692
1 here, and those of us that work here and
2 deliberate here take a lot of things for
3 granted. I know I do and I did, and I just want
4 to at this moment recognize that none of this
5 happens by itself. It takes all of the people
6 that are around us to help us do what we get
7 done, and I thank them for that.
8 We did do a lot of good things.
9 I'm not going to go through them. We adopted a
10 budget that will make us all proud as we go out
11 in our constituency. For the first time in 51
12 years, we cut state spending by 364 million or
13 so. We did a death penalty. We did a $3.6
14 billion tax package, faced a $5 billion deficit
15 and we're able to get a budget together. We did
16 welfare reform. We truly did change the
17 direction of this state, and we all in this
18 chamber can be proud.
19 We are concluding our regular
20 session and we will reconvene on the 27th,
21 hopefully to adjourn on the 29th. In the
22 interim, we will have a selective calendar that
23 we will put together. We will not have an open
10693
1 calendar, so this closes our regular session,
2 and I'm proud to have served with you through
3 this first session and proud of the fact that
4 we're able to, with you and without you we
5 couldn't have done it. Started on time. Had no
6 all-night sessions, and I'll stop talking so we
7 don't do this one all night, but we did it, and
8 a lot of people were skeptical in that we
9 couldn't do it, but working together
10 cooperatively we did it, and I think we can all
11 be proud of that.
12 I am proud of it, proud of you
13 and the participation that we've had. This has
14 been a team and all of us are on that team,
15 everyone.
16 So I thank you.
17 And now my counsels will tell me
18 what I forgot. I would like to at this time,
19 Mr. President, recommit all the calendar bills
20 to the Committee on Rules.
21 ACTING PRESIDENT KUHL: Without
22 objection, all bills will be recommitted to the
23 Committee on Rules.
10694
1 SENATOR BRUNO: And I -- before I
2 move for adjournment, I want to also recognize
3 our Lieutenant Governor who was here earlier and
4 couldn't be here now and thank her publicly for
5 her good work in this chamber and outside of
6 this chamber on behalf of the Senate and all of
7 the people of this state.
8 And, Mr. President, there being
9 no further business to come before this house, I
10 move that we adjourn until 10:00 a.m. on June
11 27th, intervening days to be legislative days.
12 Thank you, and thank you, Mr.
13 President.
14 ACTING PRESIDENT KUHL: Without
15 objection, the Senate stands adjourned until
16 Tuesday, June 27th, at 10:00 a.m.
17 (Applause.)
18 (Whereupon, at 10:55 p.m., the
19 Senate adjourned.)
20
21
22
23