Regular Session - June 11, 1996
7169
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8 ALBANY, NEW YORK
9 June 11, 1996
10 10:00 a.m.
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13 REGULAR SESSION
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17 SENATOR JOHN A. DeFRANCISCO, Acting President
18 STEPHEN F. SLOAN, Secretary
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7170
1 P R O C E E D I N G S
2 ACTING PRESIDENT DeFRANCISCO:
3 I'd like to call the Senate to order. Would you
4 please join with me in the Pledge of Allegiance
5 to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence of clergy, could
9 we please have a moment of silent prayer.
10 (A moment of silence was
11 observed.)
12 Reading of the Journal.
13 THE SECRETARY: In Senate,
14 Monday, June 10. The Senate met pursuant to
15 adjournment, Senator Kuhl in the Chair upon
16 designation of the Temporary President. The
17 prayer by the Reverend Jerry Arduini, Pastor,
18 Ossining Gospel Assembly, Ossining. The Journal
19 of Sunday, June 9, was read and approved. On
20 motion, the Senate adjourned.
21 ACTING PRESIDENT DeFRANCISCO:
22 Hearing no objection, the Journal stands
23 approved as read.
7171
1 Presentations of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Skelos, we have two
10 substitutions.
11 SENATOR SKELOS: Please make the
12 substitutions.
13 ACTING PRESIDENT DeFRANCISCO:
14 The Secretary will read.
15 THE SECRETARY: On page 22,
16 Senator Saland moves to discharge from the
17 Committee on Rules, Assembly Bill Number 10538-B
18 and substitute it for the identical Third
19 Reading Calendar 858.
20 On page 47, Senator Farley moves
21 to discharge from the Committee on Rules,
22 Assembly Bill Number 9537 and substitute it for
23 identical Third Reading Calendar 1382.
7172
1 ACTING PRESIDENT DeFRANCISCO:
2 The substitutions are ordered.
3 Senator Skelos, are you ready for
4 the calendar?
5 SENATOR SKELOS: Yes. If we
6 could take up the -
7 ACTING PRESIDENT DeFRANCISCO:
8 Excuse me.
9 SENATOR SKELOS: Please recognize
10 Senator Libous.
11 ACTING PRESIDENT DeFRANCISCO:
12 Senator Libous.
13 SENATOR LIBOUS: Thank you, Mr.
14 President.
15 On behalf of Senator Levy, please
16 remove the sponsor's star from Calendar Number
17 108.
18 ACTING PRESIDENT DeFRANCISCO:
19 The sponsor's star will be removed.
20 SENATOR SKELOS: Take up the
21 non-controversial calendar.
22 ACTING PRESIDENT DeFRANCISCO:
23 The Secretary will read.
7173
1 THE SECRETARY: On page 4,
2 Calendar Number 130, by Senator Trunzo, Senate
3 Print 3314-A, an act to amend the Real Property
4 Tax Law, in relation to exemption.
5 ACTING PRESIDENT DeFRANCISCO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT DeFRANCISCO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 32.
13 ACTING PRESIDENT DeFRANCISCO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 298, by Senator Tully, Senate Print 178, an act
17 to amend the Vehicle and Traffic Law, in
18 relation to authorizing towns.
19 ACTING PRESIDENT DeFRANCISCO:
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT DeFRANCISCO:
7174
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 32.
4 ACTING PRESIDENT DeFRANCISCO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 375, by Senator Cook, Senate Print 3153-A, an
8 act to amend the Highway Law, in relation to
9 creating a farm and business transportation
10 program.
11 ACTING PRESIDENT DeFRANCISCO:
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT DeFRANCISCO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 32.
19 ACTING PRESIDENT DeFRANCISCO:
20 The bill is passed.
21 THE SECRETARY: Calendar Number
22 422, by Member of the Assembly Lafayette,
23 Assembly Print 8807, an act to amend the
7175
1 Personal Property Law, in relation to the
2 exclusion of certain transactions.
3 ACTING PRESIDENT DeFRANCISCO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT DeFRANCISCO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 32.
11 ACTING PRESIDENT DeFRANCISCO:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 570, by Senator Lack, Senate Print 6301-A, an
15 act in relation to granting the Department of
16 Transportation.
17 ACTING PRESIDENT DeFRANCISCO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT DeFRANCISCO:
22 Call the roll.
23 (The Secretary called the roll.)
7176
1 THE SECRETARY: Ayes 32.
2 ACTING PRESIDENT DeFRANCISCO:
3 The bill is passed.
4 THE SECRETARY: Calendar Number
5 581, by Senator Libous, Senate Print 6197-A -
6 SENATOR PATERSON: Lay it aside.
7 ACTING PRESIDENT DeFRANCISCO:
8 Lay the bill aside.
9 THE SECRETARY: Calendar Number
10 740, by Senator Tully, Senate Print 6871-B, an
11 act to amend the Soil and Water Conservation
12 Districts Law.
13 ACTING PRESIDENT DeFRANCISCO:
14 Read the last section.
15 THE SECRETARY: Section 6. This
16 act shall take effect immediately.
17 ACTING PRESIDENT DeFRANCISCO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 32.
21 ACTING PRESIDENT DeFRANCISCO:
22 The bill is passed.
23 THE SECRETARY: Calendar Number
7177
1 746, by Senator Hoblock, Senate Print 5358 -
2 ACTING PRESIDENT DeFRANCISCO:
3 Read the last section.
4 THE SECRETARY: Excuse me. -
5 Senate Print 3558, an act to amend the Real
6 Property Tax Law, in relation to establishing
7 the dates.
8 ACTING PRESIDENT DeFRANCISCO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT DeFRANCISCO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 32.
16 ACTING PRESIDENT DeFRANCISCO:
17 The bill is passed.
18 THE SECRETARY: Calendar Number
19 845, by Senator Levy, Senate Print 7341-A, an
20 act to amend the Highway Law, in relation to the
21 power of the commissioner.
22 ACTING PRESIDENT DeFRANCISCO:
23 Read the last section.
7178
1 THE SECRETARY: Section 4. This
2 act shall take effect immediately.
3 ACTING PRESIDENT DeFRANCISCO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 32.
7 ACTING PRESIDENT DeFRANCISCO:
8 The bill is passed.
9 THE SECRETARY: Calendar Number
10 862, by Senator Skelos, Senate Print 6775, an
11 act to amend the Civil Practice Law and Rules,
12 in relation to causes.
13 ACTING PRESIDENT DeFRANCISCO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first day of
17 October.
18 ACTING PRESIDENT DeFRANCISCO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 32.
22 ACTING PRESIDENT DeFRANCISCO:
23 The bill is passed.
7179
1 THE SECRETARY: Calendar Number
2 991, by Senator Farley, Senate Print 7374-A, an
3 act to amend the State Finance Law, in relation
4 to filing authorization.
5 ACTING PRESIDENT DeFRANCISCO:
6 Read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT DeFRANCISCO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 32.
13 ACTING PRESIDENT DeFRANCISCO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 1039, by Senator Wright, Senate Print 6870-A, an
17 act to amend the General Municipal Law, in
18 relation to the effectiveness.
19 ACTING PRESIDENT DeFRANCISCO:
20 Read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect immediately.
23 ACTING PRESIDENT DeFRANCISCO:
7180
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 32.
4 ACTING PRESIDENT DeFRANCISCO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 1088, by Senator Johnson, Senate Print 575, an
8 act to amend the Penal Law, in relation to the
9 administrative provisions.
10 SENATOR PATERSON: Lay it aside.
11 ACTING PRESIDENT DeFRANCISCO:
12 Lay the bill aside.
13 THE SECRETARY: Calendar Number
14 1102, by Senator Maziarz, Senate Print 6332-B,
15 an act to amend the Criminal Procedure Law, in
16 relation to firearms.
17 ACTING PRESIDENT DeFRANCISCO:
18 Read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT DeFRANCISCO:
22 Call the roll.
23 (The Secretary called the roll.)
7181
1 THE SECRETARY: Ayes 32.
2 ACTING PRESIDENT DeFRANCISCO:
3 The bill is passed.
4 THE SECRETARY: Calendar Number
5 1117, by Senator Skelos, Senate Print 5732-A, an
6 act to amend the Family Court Act, in relation
7 to proof of a neglected or abused child.
8 SENATOR PATERSON: Lay it aside.
9 ACTING PRESIDENT DeFRANCISCO:
10 Lay the bill aside.
11 THE SECRETARY: Calendar Number
12 1136, by Senator Goodman, Senate Print 1696, an
13 act to amend the Transportation Law, in relation
14 to mandating that the commissioner.
15 ACTING PRESIDENT DeFRANCISCO:
16 Read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT DeFRANCISCO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 32.
23 ACTING PRESIDENT DeFRANCISCO:
7182
1 The bill is passed.
2 THE SECRETARY: Calendar Number
3 1137, by Senator Marchi, Senate Print 1753, an
4 act to amend the Vehicle and Traffic Law, in
5 relation to eliminating the additional annual
6 service charge.
7 SENATOR PATERSON: Lay it aside.
8 ACTING PRESIDENT DeFRANCISCO:
9 Lay the bill aside.
10 THE SECRETARY: Calendar Number
11 1148, by Senator Stafford, Senate Print 55...
12 SENATOR SKELOS: Star the bill at
13 the request of the sponsor.
14 ACTING PRESIDENT DeFRANCISCO:
15 The bill is starred.
16 THE SECRETARY: Calendar Number
17 1153, by Senator Levy, Senate Print 6494-A, an
18 act to amend the Vehicle and Traffic Law, in
19 relation to aggravated unlicensed operation.
20 ACTING PRESIDENT DeFRANCISCO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first day of
7183
1 November.
2 ACTING PRESIDENT DeFRANCISCO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 32.
6 ACTING PRESIDENT DeFRANCISCO:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 1181, by Senator Nozzolio, Senate Print 6114, an
10 act to amend the Public Authorities Law and the
11 Real Property Tax Law.
12 ACTING PRESIDENT DeFRANCISCO:
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect immediately.
16 ACTING PRESIDENT DeFRANCISCO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 32.
20 ACTING PRESIDENT DeFRANCISCO:
21 The bill is passed.
22 THE SECRETARY: Calendar Number
23 1187, by Senator Marchi, Senate Print 6801-A, an
7184
1 act to amend the Limited Liability Company Law.
2 ACTING PRESIDENT DeFRANCISCO:
3 Read the last section.
4 THE SECRETARY: Section 22. This
5 act shall take effect immediately.
6 ACTING PRESIDENT DeFRANCISCO:
7 Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 32.
10 ACTING PRESIDENT DeFRANCISCO:
11 The bill is passed.
12 THE SECRETARY: Calendar Number
13 1312, by Senator Padavan, Senate Print 701 -
14 SENATOR PATERSON: Lay it aside.
15 ACTING PRESIDENT DeFRANCISCO:
16 Lay the bill aside.
17 THE SECRETARY: Calendar Number
18 1314, by Senator Padavan, Senate Print 3092 -
19 SENATOR PATERSON: Lay it aside.
20 ACTING PRESIDENT DeFRANCISCO:
21 Lay the bill aside.
22 THE SECRETARY: Calendar Number
23 1318, by Senator DeFrancisco, Senate Print
7185
1 4231 -
2 SENATOR PATERSON: Lay that
3 aside.
4 ACTING PRESIDENT DeFRANCISCO:
5 Lay the bill aside.
6 THE SECRETARY: Calendar Number
7 1320, by the Assembly Committee on Rules,
8 Assembly Print 7839, an act to amend the
9 Executive Law.
10 SENATOR PATERSON: Lay it aside.
11 ACTING PRESIDENT DeFRANCISCO:
12 Lay the bill aside.
13 THE SECRETARY: Calendar Number
14 1324, by Senator Hoblock, Senate Print 5299-A,
15 an act to amend the Vehicle and Traffic Law, in
16 relation to authorizing.
17 ACTING PRESIDENT DeFRANCISCO:
18 There's a home rule message at the desk. Please
19 read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT DeFRANCISCO:
23 Call the roll.
7186
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 34.
3 ACTING PRESIDENT DeFRANCISCO:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 1333, by Senator Marchi, Senate Print 6638-B, an
7 act to amend the Vehicle and Traffic Law, in
8 relation to distinctive license plates.
9 ACTING PRESIDENT DeFRANCISCO:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first day of the
13 calendar month.
14 ACTING PRESIDENT DeFRANCISCO:
15 Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 34.
18 ACTING PRESIDENT DeFRANCISCO:
19 The bill is passed.
20 THE SECRETARY: Calendar Number
21 1345, by Senator DiCarlo, Senate Print 7494, an
22 act to amend the Public Authorities Law, in
23 relation to providing.
7187
1 SENATOR PATERSON: Lay it aside.
2 ACTING PRESIDENT DeFRANCISCO:
3 Lay the bill aside.
4 THE SECRETARY: Calendar Number
5 1361, by Senator Padavan, Senate Print 2238-A,
6 an act to amend the Vehicle and Traffic Law, in
7 relation to driver education.
8 ACTING PRESIDENT DeFRANCISCO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 180th day.
12 ACTING PRESIDENT DeFRANCISCO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 35.
16 ACTING PRESIDENT DeFRANCISCO:
17 The bill is passed.
18 THE SECRETARY: Calendar Number
19 1362, by Senator Hoblock, Senate Print 2278, an
20 act to amend the Labor Law, in relation to
21 excluding.
22 SENATOR PATERSON: Lay it aside.
23 ACTING PRESIDENT DeFRANCISCO:
7188
1 Lay the bill aside.
2 THE SECRETARY: Calendar Number
3 1363, by Senator Velella, Senate Print 2586, an
4 act to amend Chapter 576 of the Laws of 1975.
5 SENATOR PATERSON: Lay it aside.
6 ACTING PRESIDENT DeFRANCISCO:
7 Lay the bill aside.
8 THE SECRETARY: Calendar Number
9 1364, by Senator Leibell, Senate Print 2743-A,
10 an act to amend the Penal Law, in relation to
11 increasing the penalty.
12 ACTING PRESIDENT DeFRANCISCO:
13 Read the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the first day of
16 November.
17 ACTING PRESIDENT DeFRANCISCO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 35.
21 ACTING PRESIDENT DeFRANCISCO:
22 The bill is passed.
23 THE SECRETARY: Calendar Number
7189
1 1365, by Senator DiCarlo, Senate Print 2835-C,
2 an act to amend the Civil Service Law and the
3 Civil Practice Law and Rules.
4 ACTING PRESIDENT DeFRANCISCO:
5 Read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT DeFRANCISCO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 35.
12 ACTING PRESIDENT DeFRANCISCO:
13 The bill is passed.
14 THE SECRETARY: Calendar Number
15 1366, by Senator Stafford, Senate Print 3538-A,
16 an act to amend the Soil and Water Conservation
17 Districts Law.
18 ACTING PRESIDENT DeFRANCISCO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect April 1.
22 ACTING PRESIDENT DeFRANCISCO:
23 Call the roll.
7190
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 37.
3 ACTING PRESIDENT DeFRANCISCO:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 1367, by Senator Hoblock, Senate Print 3891, an
7 act to amend the Labor Law, in relation to
8 providing for eligibility.
9 ACTING PRESIDENT DeFRANCISCO:
10 Read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT DeFRANCISCO:
14 Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 36, nays 1,
17 Senator Wright recorded in the negative.
18 ACTING PRESIDENT DeFRANCISCO:
19 The bill is passed.
20 THE SECRETARY: Ayes 35, nays 2,
21 Senators Saland and Wright recorded in the
22 negative.
23 ACTING PRESIDENT DeFRANCISCO:
7191
1 The bill is still passed.
2 THE SECRETARY: Calendar Number
3 1368, by Senator Marchi, Senate Print 4160-B, an
4 authorizing the city of New York to release its
5 interest in certain real property.
6 ACTING PRESIDENT DeFRANCISCO:
7 There's a home rule message at the desk. Please
8 read the last section.
9 THE SECRETARY: Section 5. This
10 act shall take effect immediately.
11 ACTING PRESIDENT DeFRANCISCO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 37.
15 ACTING PRESIDENT DeFRANCISCO:
16 The bill is passed.
17 THE SECRETARY: Calendar Number
18 1369, by Senator Tully, Senate Print 4672-C, an
19 act to amend the Environmental Conservation Law,
20 in relation to the leasing of state owned lands.
21 ACTING PRESIDENT DeFRANCISCO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
7192
1 act shall take effect immediately.
2 ACTING PRESIDENT DeFRANCISCO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 38.
6 ACTING PRESIDENT DeFRANCISCO:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 1370, by Senator Smith, Senate Print 5749, an
10 act authorizing the city of New York to reconvey
11 its interest in certain real property.
12 ACTING PRESIDENT DeFRANCISCO:
13 There's a home rule message at the desk. Please
14 read the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT DeFRANCISCO:
18 Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 38.
21 ACTING PRESIDENT DeFRANCISCO:
22 The bill is passed.
23 THE SECRETARY: Calendar Number
7193
1 1371, by Senator Marchi, Senate Print 5806, an
2 act authorizing the city of New York to reconvey
3 its interest in certain real property.
4 ACTING PRESIDENT DeFRANCISCO:
5 There's a home rule message at the desk. Please
6 read the last section.
7 THE SECRETARY: Section 5. This
8 act shall take effect immediately.
9 ACTING PRESIDENT DeFRANCISCO:
10 Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 38.
13 ACTING PRESIDENT DeFRANCISCO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 1372, by Senator Maltese, Senate Print 5827, an
17 act authorizing the city of New York to reconvey
18 its interest in certain real property.
19 ACTING PRESIDENT DeFRANCISCO:
20 There's a home rule message at the desk. Please
21 read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
7194
1 ACTING PRESIDENT DeFRANCISCO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 39.
5 ACTING PRESIDENT DeFRANCISCO:
6 The bill is passed.
7 THE SECRETARY: Calendar Number
8 1373, by Senator Present, Senate Print 5908, an
9 act to amend the Penal Law, in relation to
10 antique slot machines.
11 ACTING PRESIDENT DeFRANCISCO:
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first day of
15 November.
16 ACTING PRESIDENT DeFRANCISCO:
17 Call the roll.
18 (The Secretary called the roll.)
19 SENATOR PATERSON: Lay it aside.
20 ACTING PRESIDENT DeFRANCISCO:
21 Excuse me. Lay the bill aside.
22 THE SECRETARY: Calendar Number
23 1374, by Senator Babbush, Senate Print 6058, an
7195
1 act authorizing the city of New York to reconvey
2 its interest in certain real property.
3 ACTING PRESIDENT DeFRANCISCO:
4 There's a home rule message at the desk. Please
5 read the last section.
6 THE SECRETARY: Section 5. This
7 act shall take effect immediately.
8 ACTING PRESIDENT DeFRANCISCO:
9 Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 42.
12 ACTING PRESIDENT DeFRANCISCO:
13 The bill is passed.
14 THE SECRETARY: Calendar Number
15 1375, by Senator DeFrancisco, Senate Print
16 6185-A -
17 SENATOR PATERSON: Lay it aside.
18 ACTING PRESIDENT DeFRANCISCO:
19 Lay the bill aside.
20 THE SECRETARY: Calendar Number
21 1377, by Senator Spano, Senate Print 63 -- 6483,
22 an act to amend the Labor Law, in relation to
23 the transfer of employer accounts.
7196
1 ACTING PRESIDENT DeFRANCISCO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect in 60 days.
5 ACTING PRESIDENT DeFRANCISCO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 42.
9 ACTING PRESIDENT DeFRANCISCO:
10 The bill is passed.
11 THE SECRETARY: Calendar Number
12 1378, by Senator Volker, Senate Print 6540, an
13 act to amend the Executive Law, in relation to
14 the entry of arrest warrants.
15 ACTING PRESIDENT DeFRANCISCO:
16 Read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect on the first day of
19 November.
20 ACTING PRESIDENT DeFRANCISCO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 42.
7197
1 ACTING PRESIDENT DeFRANCISCO:
2 The bill is passed.
3 THE SECRETARY: Calendar Number
4 1379, by Senator Spano, Senate Print 6575, an
5 act to amend the Labor Law, the Tax Law and the
6 Administrative Code of the city of New York.
7 ACTING PRESIDENT DeFRANCISCO:
8 Read the last section.
9 THE SECRETARY: Section 8. This
10 act shall take effect immediately.
11 ACTING PRESIDENT DeFRANCISCO:
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 42.
15 ACTING PRESIDENT DeFRANCISCO:
16 The bill is passed.
17 THE SECRETARY: Calendar Number
18 1381, by Senator Nozzolio, Senate Print 6618, an
19 act to amend the Correction Law, in relation to
20 the retaking of absconders.
21 ACTING PRESIDENT DeFRANCISCO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
7198
1 act shall take effect immediately.
2 ACTING PRESIDENT DeFRANCISCO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 42.
6 ACTING PRESIDENT DeFRANCISCO:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 1382, substituted earlier today by Member of the
10 Assembly Vitaliano, Assembly Print 9537, an act
11 to amend the Retirement and Social Security Law.
12 ACTING PRESIDENT DeFRANCISCO:
13 Read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT DeFRANCISCO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 42.
20 ACTING PRESIDENT DeFRANCISCO:
21 The bill is passed.
22 THE SECRETARY: Calendar Number
23 1384, by Senator Larkin, Senate Print 7091, an
7199
1 act to amend the General Municipal Law, in
2 relation to environmental facilities.
3 ACTING PRESIDENT DeFRANCISCO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT DeFRANCISCO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 42.
11 ACTING PRESIDENT DeFRANCISCO:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 1385, by Senator Maltese, Senate Print 7158, an
15 act authorizing the city of New York to reconvey
16 its interest in certain real property.
17 ACTING PRESIDENT DeFRANCISCO:
18 There is a home rule message at the desk.
19 Please read the last section.
20 THE SECRETARY: Section 5. This
21 act shall take effect immediately.
22 ACTING PRESIDENT DeFRANCISCO:
23 Call the roll.
7200
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 42.
3 ACTING PRESIDENT DeFRANCISCO:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 1386, by Senator Seward, Senate Print 7194-A -
7 SENATOR SKELOS: Star the bill.
8 ACTING PRESIDENT DeFRANCISCO:
9 The bill is starred.
10 THE SECRETARY: Calendar Number
11 1387, by Senator Saland, Senate Print 7242, an
12 act to amend the Vehicle and Traffic Law, in
13 relation to authorizing a permit.
14 ACTING PRESIDENT DeFRANCISCO:
15 There's a home rule message at the desk. Please
16 read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT DeFRANCISCO:
20 Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 42.
23 ACTING PRESIDENT DeFRANCISCO:
7201
1 The bill is passed.
2 THE SECRETARY: Calendar Number
3 1388, by Senator Saland, Senate Print 7248, an
4 act to amend the Labor Law, in relation to
5 disqualification.
6 SENATOR STACHOWSKI: Lay it
7 aside.
8 ACTING PRESIDENT DeFRANCISCO:
9 Lay the bill aside.
10 THE SECRETARY: Calendar Number
11 1389, by Senator Skelos, Senate Print 7303-A, an
12 act to amend the General Municipal Law and the
13 General Obligations Law.
14 ACTING PRESIDENT DeFRANCISCO:
15 Read the last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect immediately.
18 ACTING PRESIDENT DeFRANCISCO:
19 Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 42.
22 ACTING PRESIDENT DeFRANCISCO:
23 The bill is passed.
7202
1 THE SECRETARY: Calendar Number
2 1390, by Senator Marcellino, Senate Print
3 7328-A -
4 SENATOR STACHOWSKI: Lay it
5 aside.
6 ACTING PRESIDENT DeFRANCISCO:
7 Lay the bill aside.
8 THE SECRETARY: Calendar Number
9 1392, by Senator Larkin, Senate Print 7376-B, an
10 act to amend the General Municipal Law, in
11 relation to bell jar game regulations.
12 SENATOR STACHOWSKI: Lay the bill
13 aside.
14 ACTING PRESIDENT DeFRANCISCO:
15 Lay the bill aside.
16 THE SECRETARY: Calendar Number
17 1393, by Senator Volker, Senate Print 7423-A, an
18 act relating to permitting non-bargaining unit
19 salaried employees.
20 ACTING PRESIDENT DeFRANCISCO:
21 Read the last section.
22 THE SECRETARY: Section 6. This
23 act shall take effect immediately.
7203
1 ACTING PRESIDENT DeFRANCISCO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 42.
5 ACTING PRESIDENT DeFRANCISCO:
6 The bill is passed.
7 THE SECRETARY: Calendar Number
8 1394, by Senator Marchi, Senate Print 7465, an
9 act authorizing the city of New York to reconvey
10 its interest in certain real property.
11 ACTING PRESIDENT DeFRANCISCO:
12 There's a home rule message at the desk. Please
13 read the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT DeFRANCISCO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 45.
20 ACTING PRESIDENT DeFRANCISCO:
21 The bill is passed.
22 THE SECRETARY: Calendar Number
23 1395, by Senator Volker, Senate Print 7472-A, an
7204
1 act to amend the Town Law, in relation to
2 absentee ballots.
3 ACTING PRESIDENT DeFRANCISCO:
4 Read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT DeFRANCISCO:
8 Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 45.
11 ACTING PRESIDENT DeFRANCISCO:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 1396, by Senator Spano, Senate Print 7518, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to establishing a residential parking
17 system.
18 ACTING PRESIDENT DeFRANCISCO:
19 There's a home rule message at the desk. Please
20 read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT DeFRANCISCO:
7205
1 Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 45.
4 ACTING PRESIDENT DeFRANCISCO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 1397, by Senator Marchi, Senate Print 7535 -
8 SENATOR SKELOS: Lay the bill
9 aside for the day.
10 ACTING PRESIDENT DeFRANCISCO:
11 Lay the bill aside for the day.
12 THE SECRETARY: Calendar Number
13 1398, by Senator Hoblock, Senate Print 7623, an
14 act authorizing the city of Albany.
15 ACTING PRESIDENT DeFRANCISCO:
16 There's a home rule message at the desk. Please
17 read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT DeFRANCISCO:
21 Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 45.
7206
1 ACTING PRESIDENT DeFRANCISCO:
2 The bill is passed.
3 THE SECRETARY: Calendar Number
4 1399, by Senator Hoblock, Senate Print 7631 -
5 SENATOR SKELOS: Lay it aside for
6 the day.
7 ACTING PRESIDENT DeFRANCISCO:
8 Lay that bill aside for the day.
9 That completes the reading of the
10 non-controversial calendar.
11 SENATOR SKELOS: Stand at ease
12 for a moment.
13 ACTING PRESIDENT DeFRANCISCO:
14 The Senate will stand at ease.
15 (The Senate stood at ease.)
16 SENATOR SKELOS: Mr. President,
17 at this time if we could return to reports of
18 standing committees, I believe there's a report
19 of the Judiciary Committee.
20 ACTING PRESIDENT DeFRANCISCO:
21 The Secretary will read.
22 THE SECRETARY: Senator Lack,
23 from the Committee on Judiciary, reports the
7207
1 following nominations: Judge, New York State
2 Court of Claims: Phyllis Skloot Bamberger of
3 New York City.
4 ACTING PRESIDENT DeFRANCISCO:
5 Senator Lack.
6 SENATOR LACK: Thank you, Mr.
7 President.
8 It's my privilege this morning to
9 rise to move the nomination of Phyllis Skloot
10 Bamberger as a judge of the New York State Court
11 of Claims.
12 Judge Bamberger is being
13 reconfirmed. She currently sits in New York
14 Supreme Court in Bronx County on criminal
15 cases. She is and was attorney in charge of the
16 federal defender service for the Legal Aid
17 Society from 1972 to 1988, associate attorney in
18 charge of the Legal Aid Society of the Criminal
19 Appeals Bureau from 1967 to 1972 and before that
20 was an associate attorney in the Legal Aid
21 Society. She's very well known within the New
22 York City legal community for her good and
23 scholarly work with respect to criminal matters
7208
1 that are in New York Supreme county, and it is
2 my privilege at this time to yield to Senator
3 Goodman.
4 Senator Goodman, Mr. President.
5 ACTING PRESIDENT DeFRANCISCO:
6 Senator Goodman.
7 SENATOR GOODMAN: Mr. President,
8 it is always a particular privilege to be able,
9 Mr. President, to rise in support of names of
10 distinguished jurists who are coming before this
11 body for approval and in this case, my pleasure
12 is to speak to the merits of Phyllis Skloot
13 Bamberger.
14 The judge's record is very
15 extensive and she is noted as a true
16 intellectual of the court with enormous
17 jurisprudential scholarship and capacity.
18 She has had a distinguished
19 record starting in 1980 -- 1963 to '67, during
20 which time she was an associate attorney with
21 the Legal Aid Society and the Criminal Appeals
22 Bureau.
23 From 1967 to '72, she was an
7209
1 associate attorney in charge of the Legal Aid
2 Society Criminal Appeals Bureau in charge of
3 federal -- the federal appeals office.
4 From 1972 to 1988, she was the
5 attorney in charge of the Federal Defender
6 Services Unit of the Legal Aid Society, and in
7 1988 she became a judge of the New York State
8 Court of Claims designated to sit in the New
9 York Supreme Court of Bronx County.
10 Her professional and civic
11 activities are extensive and time does not
12 permit me to give you the full catalog of these,
13 but she has been involved with the Office of
14 Court Administration, Committee on Alternatives
15 to Incarceration and she chairs the Subcommittee
16 on Access to Information. She is also an OCA
17 advisory committee member on criminal law to the
18 chief administrative judge. She also serves in
19 the Bronx Supreme Court anti-discrimination
20 panel and a variety of other highly responsible
21 positions with the Office of Court
22 Administration.
23 Mr. President, it is very
7210
1 reassuring to know that a person of this quality
2 will be sitting on this bench and to say that we
3 are very pleased, indeed, to have the
4 opportunity for this body to give her what I
5 trust will be its unanimous approval.
6 ACTING PRESIDENT DeFRANCISCO:
7 Senator Abate.
8 SENATOR ABATE: Yes. I too rise
9 in support of this reappointment.
10 Judge Bamberger deserves the
11 excellent reputation that she's earned over the
12 years. As I described her in the Judiciary
13 Committee, she really is a judge's judge. She's
14 a student of the law and a student of the
15 criminal justice system. Not only is she fair
16 on the bench, but she does everything she can
17 when she's not on the bench, whether it's
18 through Bar Association committees or the chief
19 judge's committees, to look to see how the court
20 can improve its delivery of justice, whether
21 it's improving information systems or whether
22 it's just improving the information that's
23 available to the judge so they can make informed
7211
1 decisions.
2 I've had the opportunity over the
3 course of a decade to work with Judge
4 Bamberger. She's a delight. She's informed.
5 She's intelligent. She's fair. She has all the
6 qualities that we need in terms of what I think
7 is an extraordinary addition to the bench.
8 I hope my colleagues will join
9 with me. She has a wonderful, extraordinary
10 record and we're lucky to have her for another
11 ten years.
12 ACTING PRESIDENT DeFRANCISCO:
13 Senator Dollinger.
14 SENATOR DOLLINGER: It's Judge
15 Bamberger we're doing, Judge Bamberger?
16 Mr. President, I just rise to
17 reiterate a point that I made in the Judiciary
18 Committee, and I have to admit that I was
19 extremely gratified to hear Judge Bamberger's
20 answer to a question that I posed about the
21 dispute about judges that has occurred in this
22 state and frankly in this nation in the last six
23 months when judges who have been called on to
7212
1 make decisions have been criticized for them at
2 length by other public officials.
3 I've said before in this chamber
4 that judges are not above criticism, that they
5 deserve in the marketplace of ideas to be a part
6 of our process, that criticism, fair criticism
7 of a judge at times can be appropriate, but at
8 the same time, I'm very concerned that criticism
9 of the judiciary could be interpreted by the
10 judiciary as sending them a message that we want
11 them to change the delivery of justice and the
12 fairness that this state and this nation have
13 long held in a revered place, and I was pleased
14 when I asked Judge Bamberger whether this
15 controversy, these criticisms, these comments
16 had affected her or whether they had affected
17 other members of the judiciary. She said that,
18 although it livened the coffee table
19 conversation among the judiciary, it was not and
20 would not impact their delivery of justice.
21 I believe that's an important
22 message that we send to the people of this
23 state, that the judiciary sends to all the
7213
1 people in this state, that although there may be
2 controversy and debate, our system of justice
3 and fairness in applying the Constitution that
4 we all hold in a high place and the laws that we
5 pass for the good of the public will be fairly
6 and evenly administered in our courts and that
7 judges will continue to do what they believe is
8 the right thing. I guess the whole term "judge"
9 means someone who's called upon to apply law and
10 facts and come up with an equitable and fair
11 result.
12 I'm glad that the judiciary is
13 thinking that way. I'm glad that Judge
14 Bamberger is thinking that way, and I'm pleased
15 that all of these nominees today will continue
16 to deliver the high quality of justice that New
17 York has always been known for.
18 So I congratulate Judge Bamberger
19 and the rest of the members who are being
20 nominated today. They are high quality. They
21 will give Judge Mega tools to continue to
22 provide a high quality justice in this state.
23 I will be voting in the
7214
1 affirmative, Mr. President.
2 ACTING PRESIDENT DeFRANCISCO:
3 The question is on the nomination of Phyllis
4 Skloot Bamberger to be a judge of the New York
5 State Court of Claims. All those in favor
6 signify by saying aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 Phyllis Skloot Bamberger is
11 hereby confirmed as a judge of the New York
12 State Court of Claims.
13 Judge Bamberger is here with her
14 husband, Michael Bamberger. We welcome both of
15 you to the chambers and we congratulate you on
16 your confirmation, and on behalf of Senator
17 Bruno and all the members of the state Senate,
18 we thank you for serving and are appreciative of
19 all your prior service and your continued
20 service. Thank you.
21 (Applause)
22 The Secretary will read.
23 THE SECRETARY: Senator Lack,
7215
1 from the Committee on Judiciary, reports the
2 following nomination: Judge of the New York
3 State Court of Claims: Antonio I. Brandveen of
4 New York City.
5 ACTING PRESIDENT DeFRANCISCO:
6 Senator Lack.
7 SENATOR LACK: Thank you, Mr.
8 President.
9 It's my pleasure once again to
10 rise to move the nomination of Judge Antonio
11 Brandveen of New York City who appeared earlier
12 today before the Judiciary Committee, was found
13 eminently satisfactory in all respects,
14 unanimously confirmed by the Committee and moved
15 to the floor.
16 I'm going to yield once again to
17 Senator Goodman, but before I do, since I come
18 from the town of Huntington and Judge Brandveen
19 is a part-time professor at Touro Law School
20 whose advisory board I sit on, I'm particularly
21 pleased to be able to rise today to join in his
22 confirmation and move his nomination, but I will
23 yield to Senator Goodman from New York City.
7216
1 Mr. President.
2 ACTING PRESIDENT DeFRANCISCO:
3 Senator Goodman.
4 SENATOR GOODMAN: Mr. President,
5 I'm delighted to speak on behalf of Justice
6 Antonio I. Brandveen whose experiences really
7 mirrors the remarkable qualities that New York
8 can make available to its citizens when they are
9 diligent and conscientious in the pursuit of
10 their profession.
11 First of all, I take special note
12 of the fact that Judge Brandveen has not always
13 spent his time on the law track. Indeed, he
14 received his B.S. in 1969 from Fordham
15 University and the School of Business
16 Administration, and as one who is not a lawyer
17 and indeed has come up through the ranks of
18 business administration, that's a special
19 delight to take note of, but above and beyond
20 that, he was a graduate of the New York
21 University School of Law in 1972, the National
22 Institute of Trial Advocacy from which he
23 graduated in 1976.
7217
1 In his judicial experience, which
2 is quite extensive, he served as a judge in the
3 New York City housing part of the Civil Court
4 from 1980 to '85, a court which requires
5 considerable strength of character and
6 willingness to intercede in all sorts of tenant/
7 landlord disputes and went on in 1986 and '87 to
8 be a judge of the New York City Civil Court and
9 Criminal Court.
10 Judge Brandveen has been a
11 justice of the New York State Court of Claims
12 from 1987 to the present and he is also a
13 scholar and teaches as an adjunct law professor
14 at the Jacob D. Fuchsberg Law Center at Touro
15 College as noted by my colleague, Senator Lack.
16 In addition, he was an adjunct law professor in
17 the spring of 1991 at Touro College in legal
18 methods at the same center.
19 Mr. President, this is a highly
20 respected justice. He has substantial roots in
21 the Harlem community and has had a very signif
22 icant service to that community, serving in the
23 Central Harlem Senior Citizens Coalition. He
7218
1 was a past member of its board of directors, the
2 Harlem Legal Services, Incorporated and a
3 variety of other very important and noteworthy
4 ventures in that community and also as an
5 individual who has had military service. From
6 1969 to 1972, he served in the United States Air
7 Force as a first lieutenant. With this excep
8 tional and diversified record, it's a pleasure
9 to second his nomination.
10 ACTING PRESIDENT DeFRANCISCO:
11 Senator Paterson.
12 SENATOR PATERSON: Thank you, Mr.
13 President.
14 As usual, Senator Goodman has
15 given us a fair perusal of the educational ex
16 perience and the legal credentials, the admis
17 sions, the professional experience and the
18 teaching experience, the public service and the
19 military service that Judge Brandveen brings to
20 this nomination.
21 I just wanted to speak from
22 personal experience knowing him and also he is
23 the second greatest legal mind in his family.
7219
1 His wife, Fern Fisher Brandveen, is the one who
2 is really the great jurist, but I would say that
3 in his own right, he is distinct and the fact
4 that he can do so well in the shadow of such
5 another great legal scholar is a real test of
6 his ability, but personally, there is no one who
7 is more affable, no one who is more concerned,
8 no one who is more thorough in his delibera
9 tions, and I can't think of really the words to
10 describe the type of human being that Judge
11 Antonio Brandveen has been, and I think it is
12 wonderful that Senator Lack and Senator Goodman
13 -- Senator Waldon wants to say something.
14 There are many who aren't here who -- whose
15 feelings we are reflecting as we confirm him and
16 also confirm him with adulation.
17 ACTING PRESIDENT DeFRANCISCO:
18 Senator Waldon.
19 SENATOR WALDON: Thank you very
20 much, Mr. President.
21 It is good to see someone from
22 the 'hood do extremely well.
23 Tony and I met many, many years
7220
1 ago and his reputation precedes him as charact
2 erized by both, while I was in the chambers,
3 Senator Goodman and Senator Paterson, but it is
4 nice to know someone that you studied for the
5 bar with, that you had some pain and suffering
6 collectively with because the bar exam and the
7 whole law school experience sometimes can be
8 very, very painful, but he is a brother who did
9 it all. He not only rose above those bumps in
10 the road that were the examinations in law
11 school and the post-law school experience, but
12 has now made his mark on the judiciary, and for
13 some of us who practice law, that is the highest
14 calling.
15 I applaud what he has done, but
16 more importantly, I applaud what he will
17 continue to do and will do in the future.
18 This man will make his mark on
19 the bench and will be an example for the rest of
20 us who may one day wish to aspire to follow in
21 his shoes.
22 I applaud you. I applaud your
23 family. I'm told, Tony, that your father is
7221
1 here, and it must be a great day for him to see
2 you achieve so much while he's here still to
3 experience it with you. Congratulations.
4 ACTING PRESIDENT DeFRANCISCO:
5 Senator Mendez.
6 SENATOR MENDEZ: Mr. President -
7 Mr. President, I really want to congratulate
8 Governor Pataki for submitting to this body the
9 names of highly qualified individuals for our
10 judicial -- to serve in our judicial branch of
11 government.
12 I happen to know judge Antonio
13 Brandveen for some years, and I have always been
14 impressed because, although I know that he has a
15 very incisive mind, although we all know that he
16 has the right judicial temperament -- the right
17 temperament to serve in the -- in the justice
18 system, yet he's a very -- a very wonderful,
19 decent human being who relates to everybody in a
20 -- from a human point of view and doesn't allow
21 statues to interfere in his relationship with
22 others.
23 I have great affection and
7222
1 respect for the judge. I am most pleased that
2 he is being reappointed. So, again, I
3 congratulate the Governor for his
4 reappointment.
5 Thank you, Mr. President.
6 ACTING PRESIDENT DeFRANCISCO:
7 Senator Oppenheimer.
8 SENATOR OPPENHEIMER: Actually, I
9 came into the chamber a few minutes late, and I
10 would just like to take one minute, if I may, to
11 say a few words about Judge Phyllis Bamberger.
12 She is a woman of extraordinary
13 intellect and a genuinely thoughtful person who,
14 on the bench, has shown what is her nature to be
15 empathetic and to be caring, and she has been a
16 brilliant judge, and I'm just very proud to be
17 her friend of 38 years, and I congratulate the
18 Governor and all of us on this reappointment.
19 Thank you.
20 ACTING PRESIDENT DeFRANCISCO:
21 The question is on the nomination of Antonio I.
22 Brandveen to be a judge on the New York State
23 Court of Claims. All those in favor signify by
7223
1 saying aye.
2 (Response of "Aye".)
3 Opposed, nay.
4 (There was no response.)
5 Antonio I. Brandveen is hereby
6 confirmed as a judge of the New York State Court
7 of Claims, and I welcome Judge Brandveen, along
8 with his wife, Justice Fern Fisher Brandveen,
9 who we've learned is the preeminent judge in the
10 family; his parents, Antonius and Louisa
11 Brandveen, the court attorney, Ronald C. Travis
12 and senior secretary Edward M. Ortas.
13 We congratulate you for your
14 appointment and we thank you for your service to
15 the state of New York.
16 (Applause)
17 The Secretary will read.
18 THE SECRETARY: Senator Lack,
19 from the Committee on Judiciary, reports the
20 following nomination: Judge of the New York
21 State Court of Claims: Robert J. Hanophy of
22 Flushing.
23 ACTING PRESIDENT DeFRANCISCO:
7224
1 Senator Lack.
2 SENATOR LACK: Thank you, Mr.
3 President.
4 Once again, I rise to move the
5 nomination of Robert J. Hanophy of Flushing for
6 reconfirmation to the Court of Claims.
7 Judge Hanophy appeared before the
8 Committee this morning, was unanimously endorsed
9 and the nomination was moved to the floor, and
10 it's my privilege to yield to Senator Maltese.
11 ACTING PRESIDENT DeFRANCISCO:
12 Senator Maltese.
13 SENATOR MALTESE: Mr. President,
14 I've had the honor of being a good friend of the
15 distinguished jurist, Bob Hanophy, for some 30
16 years. I congratulate the Governor and our
17 former colleague who has -- who is with us,
18 Chris Mega, on the selection of Judge Hanophy.
19 I sat in on the hearings before
20 the Judiciary Committee and do not recollect a
21 more distinguished group of judicial nominees
22 for the Court of Claims.
23 The cases that Judge Hanophy has
7225
1 handled over the last ten years are the most
2 difficult homicide cases. They are the most
3 agonizing to deal with and extremely complex.
4 Despite that, Judge Hanophy has repeatedly
5 conducted himself with great distinction, has
6 received the approbation of many groups, rating
7 groups, always rated as among the top ten
8 judges. He has received awards from victims
9 rights groups. He works very, very well with
10 court officers, court personnel and lawyers,
11 both defense and prosecution.
12 The reputation he's achieved is
13 -- goes beyond our state borders. This has led
14 the Court of Claims to appoint him to supervise
15 the assignment and -- of the homicide cases in
16 Queens and as a result, Queens County has one of
17 the most enviable records of any urban county
18 probably in the nation. Hundreds of cases have
19 moved with fairness and at the same time been
20 handled individually with due regard for the
21 severity of the charges -- the charge of
22 homicide.
23 The combination of experience and
7226
1 diligence and background that Judge Hanophy
2 brings to these cases make him certainly a per
3 son most commendable and worthy of renomination
4 to the Court of Claims.
5 I congratulate Judge Hanophy, not
6 only for his distinction on the bench but for
7 his application of not only education and back
8 ground but good, old-fashioned common sense.
9 I congratulate him, his wife
10 Chris. He also has the privilege and honor of
11 having two children follow in his footsteps,
12 Bob, Jr. and his daughter who are both assistant
13 district attorneys in Queens County.
14 I am honored to move the
15 nomination of Judge Robert Hanophy.
16 SENATOR GOLD: Mr. President.
17 ACTING PRESIDENT DeFRANCISCO:
18 Senator Gold.
19 SENATOR GOLD: Mr. President,
20 let's be fair. When Senator Maltese, a
21 dedicated conservative Republican says that
22 Governor Pataki sends us fine judges, you know,
23 we expect that, but what is I hope as
7227
1 significant is that Senator Dollinger and
2 Senator Leichter and Senator Abate and myself,
3 who are not exactly dedicated conservative
4 Republicans have on prior occasions and today
5 again say that we are delighted that the
6 Governor has really taken his judicial
7 appointments beyond politics, and I mean that
8 from the point of view of his initial
9 appointments have been wonderful and for some of
10 the appointments which are reappointments of the
11 Cuomo administration, and it is just really a
12 good feeling. The judiciary, particularly in
13 this day and age, needs a certain amount of
14 independence and I think the Governor, while
15 some of his press statements have not thrilled
16 me, with his appointments he certainly has shown
17 that.
18 In that regard, as I pointed out
19 in the Committee, we are elected, every two
20 years as the Assembly and the Congress, and
21 we're used to getting our brains beaten out by
22 the press, but we appoint or elect judges for
23 much longer periods of time hoping that there
7228
1 will be a certain amount of independence, and in
2 that regard, Judge Bamberger's responses that
3 judges have been changing their luncheon talk
4 but don't worry about it, they're doing great in
5 the courtrooms was encouraging.
6 I asked Judge Juviler about the
7 sentencing process and the plea bargaining
8 process and off the record he said to me,
9 "Look", he says, "that goes with the territory
10 and you got to be tough" and those are
11 encouraging answers, but we still are only
12 people, and I am glad that the Governor is
13 sending us people who have a sense of personal
14 strength and who in the courtroom can forget
15 about the press and stick with the law.
16 In this regard, this particular
17 nominee, Judge Hanophy, has the good luck and -
18 I don't want to give him a kind of hurrah as we
19 say, but he's done pretty good with the press
20 and rightfully so.
21 An extremely hard-working judge,
22 an extremely fair judge and someone who I can
23 tell you has the respect of his presiding judge,
7229
1 Judge Lehner and the other members of the bench
2 in Queens County, and I'm delighted that the
3 Governor has continued this fine gentleman on
4 the bench. He is a credit to the bench and it
5 certainly is a feather in the Governor's cap.
6 ACTING PRESIDENT DeFRANCISCO:
7 Senator Padavan.
8 SENATOR PADAVAN: Thank you, Mr.
9 President.
10 I think Senator Maltese and
11 Senator Gold gave you a very good picture of the
12 nominee, Judge Hanophy.
13 I've known Judge Hanophy for
14 about 25 years, and over that period of time, I
15 think it's fair to say that he reached the
16 judiciary the old-fashioned way, hard work and
17 dedication to the law, and has demonstrated the
18 wisdom of his original appointment as you've
19 heard here already by virtue of a career and a
20 level of expertise that is, in many instances,
21 unparalleled in the city of New York.
22 He's a very fine person. One of
23 his greatest assets is his wife who has a
7230
1 beautiful backhand on the tennis court, which is
2 -- not much that I can say for Judge Hanophy,
3 but nevertheless, I'm proud to stand here and
4 second the nomination on behalf of my
5 constituent and friend, Judge Hanophy.
6 ACTING PRESIDENT DeFRANCISCO:
7 The question is on the nomination of Robert J.
8 Hanophy to be a judge on the New York State
9 Court of Claims. All those in favor signify by
10 saying aye.
11 (Response of "Aye".)
12 Opposed, nay.
13 (There was no response.)
14 Judge Robert J. Hanophy is hereby
15 confirmed as a judge of the New York State Court
16 of Claims.
17 (Applause)
18 Judge Hanophy, on behalf of
19 Senator Bruno and the entire Senate, I want to
20 congratulate you on your past work and all the
21 fine work that you're going to do in the future.
22 Thank you.
23 The Secretary will read.
7231
1 THE SECRETARY: Senator Lack,
2 from the Committee on Judiciary, reports the
3 following nomination: Judge of the New York
4 State Court of Claims: Michael R. Juviler of
5 Douglaston.
6 ACTING PRESIDENT DeFRANCISCO:
7 Senator Lack.
8 SENATOR LACK: Thank you, Mr.
9 President.
10 Once again, I rise to move the
11 nomination of Michael R. Juviler as a judge of
12 the New York State Court of Claims. His
13 credentials have been examined, found eminently
14 satisfactory by the Committee. Judge Juviler
15 appeared before the Committee this morning and
16 was unanimously confirmed and the nomination
17 moved to the floor and with -- at this point,
18 I'd just like to yield to Senator Padavan.
19 ACTING PRESIDENT DeFRANCISCO:
20 Senator Padavan.
21 SENATOR PADAVAN: Thank you, Mr.
22 President.
23 We have an abundance of riches
7232
1 here today, certainly in my case to have the
2 opportunity to speak on behalf of another fine
3 individual whom I've known for over two decades
4 and to talk a little bit about his background.
5 After graduating from Yale Law
6 School, he joined the district attorney's office
7 in Manhattan under Frank Hogan. For those of
8 you in law I'm sure know that that was a
9 crucible unparalleled probably in any county at
10 any point in time, and he was there for 14
11 years. Distinguished himself in so many
12 different ways in arguing cases, in frequently
13 arguing before the New York State Court of
14 Appeals on behalf of D.A. Frank Hogan.
15 He was of immense assistance to
16 this legislative body as counsel to the New York
17 State Office of Court Administration under
18 Administrative Judge Richard Bartlett, who I'm
19 sure many of you remember. He also had an
20 opportunity to advise the -- one of your
21 predecessors, chairman of Judiciary, Senator
22 Gordon, on a number of very significant issues.
23 As a judge of the Criminal Court
7233
1 which he served from 1979 to '82, he drafted a
2 piece of work that was of particular interest to
3 me at that time as chairman of the Senate
4 Committee on Mental Health, dealing with the
5 Insanity Defense Reform Act of 1980, which we
6 adopted.
7 His writings and his research and
8 development of law in that very, very difficult
9 and very tricky area was written about,
10 applauded, discussed throughout the state, if
11 not throughout the country.
12 As an acting Supreme Court
13 justice from '82 to '86, he again distinguished
14 himself and from '86 to present, he has, of
15 course, served in Supreme Court, Kings County,
16 assigned to the criminal term.
17 And so we're here today on his
18 reappointment, and I have spoken to his
19 professional credentials, but let me say in
20 addition to that, he's a fine person, a very
21 active member of his community, a good father, a
22 good husband, very interested in what goes on in
23 this state, not only where he lives but on a
7234
1 very -- on a very broad and all encompassing
2 basis.
3 So it's my honor to second his
4 nomination and to congratulate him and all of
5 the nominees. I think we again have a -- as has
6 been said here several times, a marvelous day in
7 terms of the quality of those who are being
8 submitted to us for reappointment to the New
9 York State Court of Claims.
10 Thank you, Mr. President.
11 ACTING PRESIDENT DeFRANCISCO:
12 Senator Leichter.
13 SENATOR LEICHTER: Yes. Mr.
14 President, Senator Padavan gave a very full
15 background of really a very distinguished judge,
16 but he left out -- and I want to correct -- you
17 failed to mention that his college was
18 Swarthmore College, and he and I shared the same
19 alma mater, but what I really wanted to get up
20 and say is I had the opportunity as the ranking
21 member of the Judiciary Committee to sit and
22 hear all of these nominees who are up for
23 reappointment come before us, and I was struck
7235
1 by the uniform excellence of the people that
2 we're confirming, and last week we confirmed
3 some new appointees, new judges, and again, I
4 think the members of both sides of the aisle got
5 up and said really what fine people, what fine
6 additions these were to the judiciary.
7 The point I want to make is that
8 there have been just too many instances, it
9 seems to me, where the judiciary has been
10 attacked and where all judges have been maligned
11 and where the public is given the impression
12 that there's incompetent, ineffective, uncaring
13 judges on the bench, and that just isn't true,
14 and when you take a look at these judges -- and
15 somebody like Judge Juviler, with his extensive
16 background, who's dedicated himself to law
17 enforcement, to a good, sound criminal justice
18 system, I think that we maybe should really
19 pause and those who have been leading these
20 attacks on the judiciary really ought to stop
21 and think for a moment what they're doing
22 because they're really weakening the regard that
23 people have for the judiciary, for law
7236
1 enforcement. They're putting judges under
2 intolerable pressure, judges who cannot defend
3 themselves.
4 Yes, certainly no one in our
5 government, in our society is above criticism,
6 but I think there's such things as fair
7 criticism. There's also pandering, and I'm
8 afraid that what we've seen is pandering.
9 So as we confirm these people, I
10 think that we also ought to, in every way that
11 we can, let the public know what exceptionally
12 fine people we have in the judiciary of the
13 state of New York and certainly this nominee is
14 an example of that.
15 I'm very pleased to second his
16 nomination.
17 ACTING PRESIDENT DeFRANCISCO:
18 The question is on the nomination of Michael R.
19 Juviler to be a judge on the New York State
20 Court of Claims. All those in favor signify by
21 saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
7237
1 (There was no response.)
2 Judge Juviler is hereby confirmed
3 as a judge of the New York State Court of
4 Claims. Congratulations.
5 (Applause)
6 The Secretary will read.
7 THE SECRETARY: Senator Lack,
8 from the Committee on Judiciary, reports the
9 following nomination: Judge of the New York
10 State Court of Claims: Gabriel S. Kohn of
11 Searingtown.
12 ACTING PRESIDENT DeFRANCISCO:
13 Senator Lack.
14 SENATOR LACK: Thank you, Mr.
15 President.
16 Once again, I rise to move the
17 nomination of Gabriel S. Kohn for reconfirmation
18 as a judge of the Court of Claims. Judge Kohn
19 has appeared before the Committee, was
20 unanimously confirmed to move the nomination to
21 the floor and as another adjunct professor at
22 Touro Law School, it is my privilege to yield to
23 Senator Tully.
7238
1 ACTING PRESIDENT DeFRANCISCO:
2 Senator Tully.
3 SENATOR TULLY: Thank you, Mr.
4 President.
5 As everyone in this chamber knows
6 and the public knows, the court calendars are
7 clogged. We have some eminent jurists awaiting
8 confirmation, I think four more, including the
9 one I'm about to nominate. We want to get them
10 the heck out of here. So we could talk for
11 hours on each and every one of these eminently
12 qualified jurists, and I'm very pleased to
13 congratulate the Governor on his
14 recommendations, and I'm going to be very brief
15 with respect to my nominee.
16 He has a plethora of judicial
17 qualifications. There are very, very few areas
18 of the law that he has not served in, but he
19 has, besides all of that, qualification in the
20 law, the qualifications of compassion, the
21 qualifications of humility, the qualifications
22 of judicial temperament, and I'm pleased to
23 recommend to this body and second the nomination
7239
1 of judge Gabriel S. Kohn to the New York State
2 Court of Claims.
3 ACTING PRESIDENT DeFRANCISCO:
4 The question is on the nomination of Gabriel S.
5 Kohn to be a judge of the New York State Court
6 of Claims. All those in favor signify by saying
7 aye.
8 (Response of "Aye".)
9 Opposed, nay.
10 (There was no response.)
11 Gabriel S. Kohn is hereby
12 confirmed as judge of the New York State Court
13 of Claims. Congratulations.
14 (Applause)
15 The Secretary will read.
16 THE SECRETARY: Senator Lack,
17 from the Committee on Judiciary, reports the
18 following nomination: Judge of the New York
19 State Court of Claims: Dan Lamont of
20 Cobleskill.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Lack.
23 SENATOR LACK: Thank you, Mr.
7240
1 President.
2 I rise once more to move the
3 nomination of Daniel Lamont of Cobleskill as a
4 judge of the Court of Claims. He is not from
5 downstate. He is from upstate. So I can yield
6 to Senator Seward, but we're happy once again in
7 a very short time to welcome Judge Lamont back
8 to our chamber so that we can go through a very
9 nice and again cordial reconfirmation ceremony
10 here this morning, particularly since he's
11 accompanied by his entire family, but I will
12 yield for those purposes to Senator Seward, Mr.
13 President.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Seward.
16 SENATOR SEWARD: Thank you, Mr.
17 President.
18 How quickly a year goes by. In
19 June of last year, we were here congratulating
20 Governor Pataki on nominating Judge Dan Lamont
21 to be a judge of the Court of Claims for a short
22 tenure and today we're back once again
23 congratulating the Governor on the renomination
7241
1 of Judge Lamont to the Court of Claims, and I'm
2 delighted to be standing to move his
3 confirmation.
4 Judge Lamont is a graduate of
5 Hamilton College and received his doctorate of
6 laws degree with honors, by the way, right here
7 at Albany Law School, and after a very
8 distinguished legal career which included such
9 stints as being an assistant attorney general
10 employed by our former Attorney General, Louis
11 Lefkowitz, service in the United States Navy
12 where he served as trial counsel, defense
13 counsel and as a military judge and then for
14 many years as a practicing attorney in Schoharie
15 County.
16 In 1978, Judge Lamont was elected
17 as the Schoharie County judge, Surrogate and
18 Family Court judge for a ten-year term, and he
19 was re-elected in 1988.
20 Senator Lack mentioned that we
21 were confirming an upstate judge, and for -
22 those of my downstate colleagues may not be
23 familiar with what a three-hatted judge does in
7242
1 a small county upstate, handling not only the
2 county judge duties but also Surrogate and
3 Family Court, same judge, and through that
4 experience, many, many years of that experience,
5 Judge Lamont dealt with all aspects of the law,
6 a wide breadth of experience and he did so very
7 capably and ably.
8 And as I mentioned, in June of
9 1995, he was appointed by Governor Pataki and
10 confirmed by this body as a judge of the New
11 York State Court of Claims and throughout this
12 past year, he has been assigned as acting
13 Supreme Court justice to hear criminal cases in
14 the Capital District and throughout the state.
15 He is known throughout the state as a fair but
16 firm judge, a man of integrity, very fine
17 qualities.
18 On a personal level, I have
19 always known Judge Lamont to be hard-working, a
20 very fine person, a very gracious individual,
21 caring, compassionate, a strong family man, a
22 very positive influence in his community.
23 This is certainly a day of pride
7243
1 for the entire Lamont family, Schoharie County
2 and for me personally to be able to move the
3 nomination of Judge Dan Lamont, and before doing
4 so formally, Mr. President, I would like to have
5 the opportunity to just mention to my colleagues
6 that Judge Lamont is accompanied today by his
7 wife, Beth Lamont, their children Wendy,
8 Kathryn, Seth and Sarah, his mother, Mrs. Rie
9 Holcomb, his brother, Henry Lamont, his
10 confidential secretary, Donna Robtoy and
11 confidential law clerk Darrin Dietz.
12 As I said, this is a day of pride
13 for all of us who know Judge Lamont and respect
14 him very highly. I move his nomination.
15 SENATOR COOK: Mr. President.
16 ACTING PRESIDENT MAZIARZ: The
17 Chair recognizes Senator Cook.
18 SENATOR COOK: Mr. President,
19 Senator Seward has very appropriately outlined
20 Judge Lamont's legal qualifications and personal
21 qualifications, and I simply want to add that -
22 the assurance to everyone in this chamber, that
23 if you were to take a poll in Schoharie County
7244
1 of the person who is identified as the most
2 warm, respected and beloved person in the
3 county, Dan Lamont would be that person, and I
4 am very pleased to consider him to be among my
5 close friends and to join in congratulating the
6 whole family on this great day.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Hoblock.
9 SENATOR HOBLOCK: Mr. President,
10 it gives me great pleasure to rise to join with
11 Senator Seward and Senator Cook in seconding the
12 nomination of Dan Lamont as a Court of Claims
13 judge.
14 Dan and I are classmates and we
15 go back almost 30 years, and I can tell you that
16 almost 30 years ago, most of us tried to look
17 over his shoulder because of Dan's intelligence,
18 perception and dedication to his studies, and it
19 has shown through his career -- and he's had a
20 distinguished one. I don't know of too many
21 individuals that are as principled and dedicated
22 as Dan Lamont.
23 I think it was an excellent
7245
1 suggestion by the Governor last year and an
2 excellent one this year for renomination to this
3 important court, and I think that we can all
4 look upon Dan with a great deal of pride because
5 I know that he is going to return that trust and
6 confidence that we will give him today. He will
7 serve as an extreme example of one dedicated to
8 the jurisprudence. Just a nice guy and he will
9 do a great job.
10 So, Dan, congratulations. I'm
11 proud to second your nomination.
12 ACTING PRESIDENT MAZIARZ: Thank
13 you, Senator.
14 The question is on the nomination
15 of Dan Lamont of Cobleskill to be a judge on the
16 New York State Court of Claims. All those in
17 favor signify by saying aye.
18 (Response of "Aye".)
19 Opposed, nay.
20 (There was no response.)
21 Judge Lamont is hereby confirmed
22 as a judge of the New York State Court of
23 Appeals -- Court of Claims. I'm sorry. Court
7246
1 of Claims.
2 (Applause)
3 Judge, on behalf of Senate
4 Majority Leader Bruno and all of my colleagues
5 in this body, I want to congratulate you,
6 welcome your family here to the New York State
7 Senate and may you have a long career in the New
8 York State Court of Claims before you go to the
9 Court of Appeals, Judge.
10 Senator Volker.
11 SENATOR VOLKER: Mr. President -
12 Mr. President, on behalf of Senator DeFrancisco,
13 I would like to announce an immediate meeting of
14 the Tourism Committee in Room 332 of -- the
15 Republican Conference Room, Room 332, a Tourism
16 Committee.
17 ACTING PRESIDENT MAZIARZ: There
18 will be an immediate meeting of the Tourism
19 Committee in Room 332.
20 The Secretary will read.
21 THE SECRETARY: Senator Lack,
22 from the Committee on Judiciary, reports the
23 following nomination: Judge of the New York
7247
1 State Court of Claims: Michael F. Mullen of
2 Huntington.
3 SENATOR LACK: Mr. President.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Lack.
6 SENATOR LACK: Thank you, Mr.
7 President.
8 With that little interruption by
9 Senator Volker, Gordie Howe walked over to me
10 and said we just got to interrupt for a moment
11 and call a committee meeting. I suggested that
12 he ask Senator Volker to stand up and say we
13 were interrupting these confirmations because a
14 message just arrived from the second floor. We
15 might get back to it in a few minutes so we
16 could see what would happen to Mike Mullen who
17 happened to be the next confirmation but, Judge
18 Mullen, you should know that Gordie said that
19 under no circumstances would he ever do it to
20 such an old friend such as you, but everybody
21 else who is standing around here did vote that
22 that's exactly what should happen, but in any
23 event, it is surprising how many years nine and
7248
1 a half can be when it's compressed to once again
2 reconfirming -- confirming on this floor Mike
3 Mullen as a judge of the Court of Claims.
4 It's my pleasure as Chair of the
5 Committee on Judiciary to stand up to move the
6 nomination. Mike Mullen, as certainly most of
7 us in the Senate know, was counsel to my
8 predecessor, the late Senator Bernard Smith.
9 After that, he became an assistant counsel to
10 Senator Warren Anderson, the then Senate
11 Majority Leader. To many of us, he was known as
12 Father Mike only because when we would go and
13 ask to try to get our bills reported to the
14 floor, we would have a very nice conversation.
15 We felt better as a result of it. We didn't
16 necessarily get our bills to the floor, but the
17 one thing we could always certainly count on in
18 dealing with Mike Mullen as a counsel and as
19 assistant counsel to the Senate was that he was
20 thoroughly prepared, could deal with any problem
21 that any member could bring him and did so
22 judiciously, fairly and honestly, and you can't
23 really ask for more than that in terms of
7249
1 somebody becoming a judge, and Mike Mullen in
2 the last nine and a half years has eminently
3 proved that.
4 He is now the supervising judge
5 of the Superior Criminal Courts in Suffolk
6 County which makes him responsible for all major
7 felony trials that are conducted in Suffolk
8 County, one of the busiest Criminal Courts in
9 the state, not the busiest outside the city of
10 New York.
11 His reputation as an eminently
12 fair jurist precedes him and he is universally
13 regarded by all attorneys and all judges in
14 which he deals with.
15 It's my pleasure, Mr. President,
16 to move his nomination and to welcome Judge
17 Mullen, if only for a short time, back to our
18 Senate chamber.
19 ACTING PRESIDENT MAZIARZ: Thank
20 you, Senator Lack.
21 Senator LaValle.
22 SENATOR LAVALLE: Thank you, Mr.
23 President.
7250
1 It's a great privilege, and I do
2 so enthusiastically, to second Judge Mullen's
3 nomination.
4 It seems but, as Senator Lack
5 mentioned, a short time ago that we were on this
6 floor confirming Judge Mullen, and during that
7 period of time that he has been on the bench, he
8 has handled many, many difficult cases back on
9 Long Island.
10 He's done so in a very scholarly
11 fashion. He's brought a great deal of intellect
12 and has a -- just a wonderful judicial
13 temperament in presiding over the very, very
14 difficult cases that he has had.
15 As Senator Lack mentioned, before
16 going on the bench, Judge Mullen worked here in
17 the Senate as counsel to the Majority Leader,
18 and I had a great deal of interaction with the
19 judge because he handled education and higher
20 education for the Majority Leader's office, and
21 I can tell you during that time, he looked at
22 each bill in a very, very careful and fair way
23 but the judge, whether it was here or on the
7251
1 bench, no detail is too small that he does not
2 look at it, examine it and make sure that it
3 does not escape careful scrutiny.
4 So it's with great pleasure that
5 I second this nomination, Mr. President.
6 ACTING PRESIDENT MAZIARZ: Thank
7 you, Senator LaValle.
8 Senator Farley.
9 SENATOR FARLEY: Thank you, Mr.
10 President.
11 I rise to enthusiastically
12 support the nomination of Mike Mullen.
13 Let me just say this, that not
14 only was he a distinguished counsel as Senators
15 LaValle and Lack have both said, I had the
16 opportunity to work with him on one of the most
17 difficult environmental criminal liability
18 polluting bills that was ten years in trying to
19 get it through this house, and he put it
20 together to the satisfaction of almost
21 everyone. Brilliant counsel.
22 Incidentally, I find reading
23 today -- and I did not know that -- that he was
7252
1 -- went to a fine Jesuit school and was an
2 outstanding basketball player and was on a
3 basketball scholarship, but not only is a
4 brilliant lawyer and a great judge and a nice
5 person, I think it's imperative that this house
6 confirm him because he has six kids and he
7 really needs the job.
8 ACTING PRESIDENT MAZIARZ: The
9 question is on the nomination of Michael Mullen
10 to be a judge on the New York State Court of
11 Claims. All those in favor please signify by
12 saying aye.
13 (Response of "Aye".)
14 Opposed, nay.
15 (There was no response.)
16 Judge Michael Mullen is hereby
17 confirmed as a judge of the New York State Court
18 of Claims.
19 (Applause)
20 Congratulations, Judge. On
21 behalf of Senator Joseph Bruno and all of my
22 colleagues here in the New York State Senate, we
23 want to welcome you and congratulate you and
7253
1 also welcome your wife Ann Marie here with us
2 this afternoon. Congratulations, Judge.
3 The Secretary will read.
4 SENATOR VOLKER: Mr. President,
5 excuse me.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Volker.
8 SENATOR VOLKER: Excuse me just
9 one second. Would you recognize Senator Babbush
10 for a second, please.
11 ACTING PRESIDENT MAZIARZ: I'm
12 sorry. Senator Babbush.
13 SENATOR BABBUSH: If I was here
14 yesterday, I would have voted against Calendar
15 Number 1351, 1352, 1358 and 1361.
16 ACTING PRESIDENT MAZIARZ: The
17 record will so reflect, Senator.
18 SENATOR VOLKER: Mr. President.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Volker.
21 SENATOR VOLKER: On behalf of
22 Senator Norman Levy, there will be a
23 Transportation meeting at 11:30 in Room 124. A
7254
1 Transportation meeting, 11:30, Room 124.
2 ACTING PRESIDENT MAZIARZ: The
3 Secretary will read.
4 THE SECRETARY: Senator Lack,
5 from the Committee on Judiciary, reports the
6 following nomination: Juanita Bing Newton of
7 New Rochelle.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Lack.
10 SENATOR LACK: Thank you, Mr.
11 President.
12 It's with real pleasure that I
13 rise once again to move the nomination of
14 Juanita Bing Newton of New Rochelle to succeed
15 herself as a judge on the New York State Court
16 of Claims.
17 Judge Newton, as with Judge
18 Mullen and others that we'll be considering on
19 Thursday, has more than distinguished herself in
20 her first term on the Court of Claims and
21 currently serves as administrative judge of the
22 criminal branch of Supreme Court in Manhattan
23 and is widely regarded as one of our finest
7255
1 jurists in that city, and it is with great
2 pleasure that I yield to Senator Goodman.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Goodman.
5 SENATOR GOODMAN: Mr. President,
6 although this is last on our calendar, it is,
7 indeed, by no means least. This is a highly
8 significant nomination in that as Senator Lack
9 has indicated, Judge Juanita Bing Newton is the
10 administrative judge of the criminal branch of
11 the First Judicial District. One cannot
12 emphasize highly enough the importance of that
13 post because it involves the administrative
14 skills, as well as the judicial skills
15 overseeing one of the most crowded and complex
16 court parts in the United States of America.
17 Indeed, the functioning of our
18 Criminal Court in this area is one of the
19 pillars of the criminal justice system and
20 unless it is ably administered, it can cause
21 tremendous overcrowding, a jam-up in the
22 disposition of crucially important criminal
23 matters and, therefore, the fact that Judge
7256
1 Newton has been entrusted with this high
2 responsibility I think is a unique tribute to
3 both her skill and her unique ability as an
4 individual who can administer others in the
5 pursuit of justice.
6 Mr. President, Juanita Bing
7 Newton's career is a classic one in the sense
8 that she emerged from a mid-western university
9 and then had the great good sense to come back
10 to her home state in New York. In addition to
11 serving as administrative judge, she has climbed
12 up the ladder in successive steps that are most
13 impressive.
14 I'll just start with the year
15 1974, at which time she was a researcher in the
16 United States Justice Department in the Law
17 Enforcement Assistance Administration counsel's
18 office. She then became assistant district
19 attorney in Bronx County, serving in that post
20 from September 1975 to March 1984. She was the
21 executive director and general counsel to the
22 New York State Sentencing Guidelines Committee
23 from March '85 to November '85, and you will
7257
1 remember that sentencing guidelines were a
2 critical matter since there were substantial
3 imbalances and curious inequities that had crept
4 into that system and she was instrumental in
5 getting that problem straightened out. She was
6 executive assistant to the deputy chief
7 administrative judge for the City Courts and the
8 OCA from November '85 to December '86 and from
9 January 1987 to the present has served as a
10 judge of the New York State Court of Claims, an
11 acting justice of the New York State Supreme
12 Court.
13 I do think the record should also
14 point out that she has had a significant
15 participation in several judicial committees and
16 programs of the highest importance; to wit: the
17 New York State Judicial Conduct Commission, the
18 New York State Violence Against Women Advisory
19 Board, the state's Judicial Committee on Women
20 in the Courts, the Franklin Williams Judicial
21 Commission on Minorities in the Courts, the
22 state Advisory Committee on Criminal Practice
23 and Procedure, and she is the past chairperson
7258
1 of the anti-bias committee and panel of the
2 Supreme Court of New York County.
3 Mr. President, I deem it a
4 privilege and a very high honor, indeed, to
5 second the nomination of this outstanding jurist
6 and distinguished court administrator.
7 ACTING PRESIDENT MAZIARZ: Thank
8 you, Senator Goodman.
9 Senator Paterson.
10 SENATOR PATERSON: Thank you, Mr.
11 President.
12 Again, Senator Goodman has
13 outlined with great thoroughness the credentials
14 of this candidate and has pointed out what a
15 stellar jurist she has been.
16 During the period of time
17 1984-1985 when my father was serving on the
18 Sentencing Guidelines Committee of New York
19 State, he told me of the work of the executive
20 director and general counsel, Juanita Bing
21 Newton.
22 It seems that I was in a
23 conversation with the chief administrator of the
7259
1 New York City Courts a couple years later and
2 heard the same raving and accolades that were
3 due upon Judge Newton based on her work as the
4 executive assistant to the deputy chief
5 administrator of the city of New York, and so it
6 appears that every place she goes, those around
7 her are made well aware of her great competence,
8 her great ability and her contribution to the
9 law.
10 She has served on the Court of
11 Claims since 1987, as Senator Goodman pointed
12 out and as he further pointed out, has been a
13 chief administrative in the 1st Judicial
14 District in the Bronx, which is very difficult
15 area to supervise, and so we wish her well as a
16 -- as a judge and would say that if she
17 continues in the path that she seems to be
18 setting, there is no standard that she can't
19 reach in the judicial system, and I've never
20 heard her sing, but if her legal record reflects
21 her abilities in that area, I would be sure that
22 Juanita -- that Anita Baker would not have
23 anything on her and, again, we encourage that
7260
1 the body move this nomination.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator Paterson.
4 SENATOR LACK: Mr. President, if
5 we could ask -
6 ACTING PRESIDENT MAZIARZ:
7 Senator Lack.
8 SENATOR LACK: We could ask Judge
9 Newton to sing before she's confirmed. Senator
10 Paterson has made a great suggestion. I'm just
11 kidding, Mr. President.
12 ACTING PRESIDENT MAZIARZ: The
13 question is on the nomination of Juanita Bing
14 Newton to be a judge on the New York State Court
15 of Claims. All those in favor please signify by
16 saying aye.
17 (Response of "Aye".)
18 Opposed, nay.
19 (There was no response.)
20 Judge Juanita Bing Newton is
21 hereby confirmed as a judge of the New York
22 State Court of Claims.
23 (Applause)
7261
1 Judge Newton, on behalf of Senate
2 Majority Leader Bruno and all my colleagues in
3 the New York State Senate, we want to
4 congratulate you and welcome you, along with
5 your staff, Olivia L. Dennis, Joseph Maccario,
6 Mrs. Mary Simon and Ms. Monica Simon to the
7 Senate chambers here this afternoon.
8 Congratulations and good luck, Judge.
9 (Applause)
10 Senator Volker.
11 SENATOR VOLKER: Mr. President,
12 can we return to motions and resolutions,
13 please. Can we adopt the Resolution Calendar in
14 its entirety, please.
15 ACTING PRESIDENT MAZIARZ: The
16 question is on the adoption of the Resolution
17 Calendar. All those in favor of adopting the
18 Resolution Calendar, signify by saying aye.
19 (Response of "Aye.")
20 Opposed, nay.
21 (There was no response.)
22 The Resolution Calendar is
23 adopted.
7262
1 Senator Volker.
2 SENATOR VOLKER: Mr. President.
3 Can we -- we'll continue with the controversial
4 calendar.
5 ACTING PRESIDENT MAZIARZ:
6 Secretary will read.
7 THE SECRETARY: On page 14,
8 Calendar Number 581, by Senator Libous, Senate
9 Print 6197A, an act to amend the General
10 Business Law.
11 ACTING PRESIDENT MAZIARZ: The
12 Secretary will read the last section, please.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the 30th day.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Libous, an explanation had been
17 requested by Senator Paterson.
18 SENATOR LIBOUS: Certainly, Mr.
19 President.
20 Basically, this bill would amend
21 Section 396(z) of the General Business Law to
22 increase the maximum liability of an authorized
23 driver from $100 to $300 for actual damage or
7263
1 loss to a rental vehicle.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Paterson.
4 SENATOR PATERSON: Mr.
5 President. If Senator Libous would yield for a
6 question?
7 ACTING PRESIDENT MAZIARZ:
8 Senator Libous, will you yield for a question?
9 SENATOR LIBOUS: I would be
10 especially honored to yield to a question from
11 Senator Paterson.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson.
14 SENATOR PATERSON: Thank you, Mr.
15 President.
16 Senator Libous, you probably more
17 than any other member in this chamber would be
18 aptly familiar with why I wouldn't have any
19 interest in really renting a car, but let's say
20 I was and the liability coverage or the
21 liability responsibility of $100 is being raised
22 to $300 and we're going to do that, but my
23 question is, if that's the case, if there's
7264
1 going to be, in a sense, less insurance,
2 wouldn't there be a lower premium to the person
3 who is renting the car?
4 SENATOR LIBOUS: A lower premium
5 in what respect, Senator?
6 SENATOR PATERSON: In other
7 words, that the contribution that the consumer
8 would make when renting the car would be lower
9 because they are not being covered as well,
10 because the limit is being raised from $100 of
11 personal liability to $300.
12 SENATOR LIBOUS: Mr. President,
13 that's the whole, I guess, concept behind this
14 legislation by moving it from 100 to 300. Right
15 now, what's happened, Mr. President, and Senator
16 Paterson, is that in the late 1980s this body
17 removed the law that talked about collision
18 damage waiver, and basically what's happened
19 since that time is, the liability to a car
20 renter has been only $100. So if anyone in this
21 room rents a car in New York State -- let's say
22 it's a $25,000 car -- you can take that car out,
23 you can total it, and you can come back, throw
7265
1 the keys on the counter, and, basically, you are
2 only liable for $100 in damage. That's what the
3 law presently says in New York State.
4 Because of that, rates have gone
5 up. As a matter of fact, rates have gone up
6 about 250 percent in New York State since that
7 law was removed and they have stayed, actually,
8 fairly stable in other states.
9 So, Mr. President, and Senator
10 Paterson, what this will do is, hopefully
11 stabilize the cost to the consumer because,
12 right now, the small rental companies, in
13 particular -- and by the way, Mr. President, we
14 have lost over 250 businesses since we have
15 enacted the law back in 1988.
16 So I think to answer Senator
17 Paterson's question, what this is going to be
18 doing is helping to stabilize the cost and,
19 hopefully, over time will reduce the rate.
20 SENATOR PATERSON: Mr. President.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Paterson.
23 SENATOR PATERSON: If Senator
7266
1 Libous would continue to yield.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Libous, would you yield for another
4 question?
5 SENATOR LIBOUS: Be happy to, Mr.
6 President.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Paterson.
9 SENATOR PATERSON: Well, Senator,
10 you definitely outlined the necessity for
11 wanting to change the law in this particular
12 area if we are losing hundreds of businesses
13 since the laws we adopted in 1988.
14 I guess that my question really
15 is that when the personal liability is
16 increased, therefore, the rental car company
17 will need less insurance, as you pointed out -
18 and the premium at that point would be reduced
19 that the rental car company has to pay to the
20 insurance company -- but I guess what I'm asking
21 is, if we just look at it from the point of view
22 of the consumer, we're stating it will stabilize
23 the industry; but is it not true that the
7267
1 consumer actually is not going to get any
2 benefit but will incur 200 extra dollars of
3 personal liability?
4 Now, if that's what it takes to
5 ensure the stability of businesses, then perhaps
6 that's what we have to do. But I just want to
7 have the record reflect clearly exactly what the
8 result will be for the consumer. If there's
9 going to be no result -- in other words, if this
10 is just an encumbrance, that the consumer will
11 pay the same rates and have to incur $200 extra
12 liability, bringing the total to 300, then
13 that's just the way it is.
14 But what I'm asking is, is there
15 any benefit to the consumer in this legislation?
16 SENATOR LIBOUS: Mr. President.
17 I think the answer there is quite simple. The
18 benefit to the consumer is, as I said, since
19 1988 rental car prices in New York State have
20 gone up by 250 percent. The action in this
21 legislation will, hopefully, stabilize those
22 costs because, as I said to you, it's a matter
23 of personal responsibility.
7268
1 Right now, in this state, you're
2 liable for $100. You can take, as I said, a
3 $20,000 or $30,000 automobile. You can total
4 it, and you are only liable for $100. Because
5 of that, we have lost over 250 companies in this
6 state, and because of that, the price to rent a
7 car to you and I and to every constituent we
8 represent in this state has gone up by 250
9 percent.
10 So, Mr. President, and Senator
11 Paterson, there will be the savings to the
12 consumer by the fact that it will help to
13 stabilize the increased cost.
14 And let me just make this
15 statement. We're talking about personal
16 responsibility here. I don't think it's unfair
17 to say that if you or I or anyone in this state
18 rents an automobile and that if we damage that
19 automobile, that we have some liability to that
20 automobile, and at this point, the liability
21 that we each would share is only $100. What
22 we're doing is taking a very moderate increase,
23 saying $300 is more than fair.
7269
1 ACTING PRESIDENT MAZIARZ:
2 Senator Paterson.
3 SENATOR PATERSON: Thank you very
4 much, Senator Libous.
5 Mr. President. On the bill.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Paterson on the bill.
8 SENATOR PATERSON: I'm going to
9 vote against the bill, Mr. President, but I want
10 to be proved wrong. I'm hoping that this "No"
11 vote is one that I will look back upon in the
12 future and be proven wrong because what Senator
13 Libous is saying is correct, that it will
14 stabilize the rent-a-car business and that the
15 rates will not continue to spiral at 250 percent
16 above the rate as it was in 1988, as Senator
17 Libous is pointing out.
18 We just don't feel assured that
19 this change would really -- is just creating
20 $200 extra savings per accident to the rent-a
21 car company is exactly the reason or the sole
22 reason that perhaps the rates have actually gone
23 up. We can not, in our understanding, fathom
7270
1 how this is actually going to benefit the
2 consumer at any point other than the fact that
3 the consumer is going to have greater
4 responsibility if there is an accident or if
5 there is liability.
6 And so, for that reason, we're
7 not going to support this legislation, but based
8 on some pretty well-stated dicta from Senator
9 Libous, perhaps we will get an indication, if
10 this legislation becomes law, as to whether or
11 not there really is a benefit to the consumer
12 and perhaps at that time we will get a better
13 indication of whether this was the catalyst for
14 the loss of business and the increase in rates
15 to the consumer on the 30th day.
16 ACTING PRESIDENT MAZIARZ: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 30th day.
20 ACTING PRESIDENT MAZIARZ: Call
21 the roll.
22 (The Secretary called the roll.)
23 Announce the results.
7271
1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 581 are Senators
3 Connor, Kruger, Lachman, Onorato, Padavan,
4 Paterson and Waldon. Ayes 46, nays 7.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1088, by Senator Johnson, Senate Print 575, an
9 act to amend the Penal Law, in relation to the
10 administrative provisions.
11 SENATOR PATERSON: Explanation,
12 please.
13 SENATOR SKELOS: Lay it aside for
14 the day.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is laid aside for the day.
17 SENATOR SKELOS: Mr. President.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Skelos.
20 SENATOR SKELOS: There will be an
21 immediate meeting of the Crime and Crime Victims
22 Committee in Room 332 of the Capitol.
23 ACTING PRESIDENT MAZIARZ: There
7272
1 will be an immediate meeting of the Crime
2 Victims, Crime and Corrections Committee in Room
3 332.
4 Senator Skelos.
5 SENATOR SKELOS: And a reminder
6 that the Transportation Committee meeting is
7 taking place in Room 124 of the Capitol.
8 ACTING PRESIDENT MAZIARZ: The
9 Secretary will continue with the controversial
10 calendar.
11 THE SECRETARY: Calendar Number
12 1117, by Senator Skelos, Senate Print 5732A, an
13 act to amend the Family Court Act, in relation
14 to proof of a neglected or abused child.
15 SENATOR PATERSON: Explanation.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Skelos, an explanation has been
18 requested by Senator Paterson.
19 SENATOR SKELOS: Mr. President,
20 this bill would provide that when a mother uses
21 an illegal drug during her pregnancy causing her
22 infant to be born with positive toxicity for
23 such drugs that that is sufficient proof of
7273
1 neglect, this would, in turn, allow the state to
2 take protective measures necessary for the child
3 on the sole basis of a positive toxicology
4 report.
5 What I would like to do is
6 basically run through what happens when a child
7 is born in a hospital, compare existing law to
8 what my bill would do.
9 And I want to thank, first,
10 Senator Saland for working on this legislation
11 with me and, of course, the great job he does on
12 behalf of our children.
13 A child is born in the hospital,
14 obviously my legislation cannot change that.
15 The child is born in the hospital. A blood or
16 urine test is taken if a doctor makes a
17 determination that the test is appropriate for
18 clinical or medical reasons, there is no change
19 in this legislation. The test is taken to see
20 if a child tests positive for illegal drugs.
21 There is no change by this legislation.
22 If a test is positive for illegal
23 drugs, a hot line report is made to the child
7274
1 abuse hot line. This phone call is mandatory.
2 The hot line then accepts this phone call
3 alleging positive toxicology of a newborn for
4 investigation purposes. No change by this
5 legislation. The phone call is transmitted from
6 the child abuse hot line to the local child
7 protective agency automatically for an
8 investigation. There is no change by this
9 legislation.
10 Now, under current law, despite
11 the positive toxicology report, the child can go
12 home. Sixty days are given for a case worker to
13 find the report indicated or unfounded.
14 "Indicated," basically, that credible evidence
15 exists; "unfounded" that no credible evidence
16 exists.
17 What my legislation would do, the
18 Skelos-Saland bill, would say that a positive
19 toxicology of a newborn would be an indicated
20 report automatically. No other evidence of
21 neglect or abuse would be needed. The 60 days
22 are not needed. The child protective agency may
23 keep the baby at that time.
7275
1 Now, under a Court of Appeals
2 ruling, in 1995, a positive toxicology is not
3 enough alone for a fact finding or an indicated
4 report. Under our current system, the state can
5 not take protective action on behalf of a child
6 until some additional evidence of child abuse or
7 neglect exists after the birth. Due to the fact
8 that a newborn child has only been in the
9 hospital, there is no opportunity for developing
10 other evidence until the baby goes home and, of
11 course, too often we read in the newspapers, we
12 hear on the radio and we see on the TV and, of
13 course, national reports indicate that when a
14 child, in many instances-- when a child is born
15 to a drug-addicted, crack-addicted mother, that
16 in many instances the child -- when they go back
17 to that home, they are neglected, they are
18 murdered, they are mistreated, and before the
19 state can really step in and protect this very
20 innocent life. The positive toxicology report
21 also supports a Family Court fact finding of
22 child neglect without other corroboration.
23 ACTING PRESIDENT MAZIARZ:
7276
1 Senator Paterson.
2 SENATOR PATERSON: Thank you, Mr.
3 President. If Senator Skelos, after giving a
4 very thorough explanation, would yield for a few
5 questions?
6 SENATOR SKELOS: Yes, Mr.
7 President.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Skelos, would you yield for a question?
10 SENATOR SKELOS: Yes, Mr.
11 President.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson.
14 SENATOR PATERSON: Senator, the
15 reports to the 800 number would come from
16 concerned individuals or medical personnel, I
17 would assume?
18 SENATOR STAFFORD: Yes, it would
19 come from the hospital, as is existing law.
20 SENATOR PATERSON: Yes.
21 No, I was just wondering how the
22 reports would actually be administered.
23 If the toxicology report is the
7277
1 prima facie evidence, that it needs no other
2 evidence to corroborate a finding of neglect by
3 the child protective agency, if that is the
4 case, what protections does the parent of the
5 child have in case there is a belief that the
6 toxicology report might be incorrect?
7 SENATOR SKELOS: They can
8 overcome that presumption but, initially, what
9 we're saying by this legislation is that a
10 positive toxicology report should be sufficient
11 to say the state should take some sort of action
12 to protect that child rather than sending them
13 home to a potential destructive environment
14 where they can be injured or perhaps,
15 unfortunately, as we see so often, murdered.
16 Now, let me just say this, that
17 when we talk about a positive toxicology report
18 because of the half-life of these drugs, you
19 literally in the instance of cocaine or "crack",
20 have the mother going into the maternity ward
21 taking the cocaine or "crack," literally in the
22 cab or the car, or however they are going to the
23 hospital, literally taking this drug for their
7278
1 to be an indication of a positive toxicology
2 report because of its half-life.
3 So we're talking of a situation
4 where a mother is being extremely, extremely
5 neglectful of that child about to be born within
6 a 24, 36, perhaps a 3-day period.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Paterson.
9 SENATOR PATERSON: Absolutely.
10 It actually typifies why there does need to be
11 legislation on this issue.
12 As Senator Skelos has just
13 pointed out, the toxicology report indicates
14 that this is something that happened a while
15 back and it is still in the system. This is
16 something where there had been some substance
17 abuse in a very short period of time when,
18 presumably, in a world that we would rather live
19 in, a mother would be avoiding any kind of
20 substance, even different types of foods that
21 could aggravate her during the pregnancy.
22 So I'm pleased that Senator
23 Skelos has done more than notice it and has
7279
1 tried to legislate on this particular issue.
2 But what I'm saying is, there are a lot of false
3 positives in these types of reports and, because
4 of that, I was just asking. I just wasn't clear
5 on what would the mother or the family do if
6 there is a positive toxicology report and they
7 are contending that the report is wrong?
8 SENATOR SKELOS: You can overcome
9 that presumption in court. But what we're
10 saying is that since there is reliability with
11 these drug tests, that even if there should be a
12 mistake, that we should err in favor of
13 protecting that child since so many reports that
14 have been issued throughout this country
15 indicate that when an infant is born with a
16 positive toxicology report and that they are
17 returned to that household from birth, that in a
18 disproportionate share of times that that child
19 is abused within that household.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Paterson.
22 SENATOR PATERSON: Yes. As
23 Senator Skelos has pointed out, this is a very
7280
1 grim situation. I don't know that ten years ago
2 any of us would have fathomed that we would have
3 to talk about this kind of legislation. It
4 seems almost remote from our sense of thinking
5 or our sense of reality that this kind of
6 situation would visit us. However, I don't -
7 I would like a further
8 explanation, if Senator Skelos would yield -
9 SENATOR SKELOS: Yes, Mr.
10 President.
11 SENATOR PATERSON: -- as to how
12 this presumption would be overcome in court when
13 it seems that the way the legislation is laid
14 out, it is -- in other words, if Senator Skelos
15 was saying this is evidence of neglect, well,
16 clearly this is evidence of neglect, and I think
17 verbally we would all agree this is neglect if
18 this is the case. If this is a positive
19 toxicology report, that is prima facie neglect
20 right there.
21 But what I am asking is that
22 since there's question of reliability with these
23 tests, particularly for toxicology, these
7281
1 toxicology-type reports, then do we, Senator
2 Skelos, want it to be the sole indicator to such
3 an extent that I don't know if what you are
4 averring here is true? I don't know if there is
5 a presumption that can be overturned in court if
6 the actual presumption allows for it to be the
7 sole evidence, giving the child protective
8 agency authority to take the child away. Now
9 you have to go back to court.
10 How do you prove that the test
11 was wrong because a period of time has elapsed,
12 so now if you take a second test, presumably the
13 infant will not test positive in the second
14 toxicology test because it's so much further
15 after from the first one, if you follow what I'm
16 saying.
17 SENATOR SKELOS: Well, first of
18 all, we're talking about it's prima facie
19 evidence that can be rebutted in the Family
20 Court proceeding. You can show evidence that
21 the toxicology report was in error.
22 Unfortunately, in the Court of Appeals decision,
23 the Court indicated that a positive toxicology
7282
1 report is insufficient to find neglect. As we
2 know, a child that is born, there is no history
3 as to that child being outside of the womb and
4 outside of the hospital so that any type of
5 neglect can be shown by the mother or some other
6 family setting, so that what we're saying is
7 that this should be sufficient and that there is
8 a -- studies show that there is a direct
9 correlation between a finding of positive
10 toxicology and neglect and abuse of that child
11 once put back into that household.
12 That in and of itself -- you may
13 disagree with me, but what I'm saying is that in
14 and of itself is sufficient for this Legislature
15 to make a positive finding of public policy that
16 that child should be protected at that point.
17 Now, you may disagree with me on
18 that. Is there 100 percent certainty on every
19 toxicology test? The answer is no.
20 But because they are basically
21 reliable and we're dealing with an infant that
22 cannot protect itself, cannot defend itself,
23 cannot speak, and that there is no prior history
7283
1 for that child outside of the hospital, that
2 that in and of itself is enough for child
3 protective agencies to step in and care for that
4 child, protect that child.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Paterson.
7 SENATOR PATERSON: Actually,
8 Senator Skelos, I do agree with you. I agree
9 that a positive toxicology would, in my opinion
10 and, I think, in the opinion of most reasonable
11 people, be indication enough of neglect by
12 itself. In other words, if there are substances
13 in the newborn at the point of the test, it's my
14 opinion that that is prima facie evidence of
15 neglect. There's absolutely no disagreement on
16 that particular point, and that's the reason in
17 some form or fashion, I think, this legislation
18 needs to be passed. I am speaking really as a
19 supporter of the legislation.
20 What I am asking you is, so that
21 we are protecting against what could -- would
22 not be a significant number. I'm not saying the
23 test is unreliable half the time, but it's not a
7284
1 scintilla. It's a reasonable period of time
2 that the tests are, for some reason, inaccurate,
3 and I'm trying to protect against the situation
4 where there is a kind of a stigma against single
5 mothers or unwed mothers or mothers of a
6 different race or national origin. They just
7 come into a hospital and somebody just makes a
8 presumption against them because of really what
9 are bias feelings and conducts this test; and
10 so, just to make sure, what I'm just trying to
11 elicit from you -- because I, again, want to
12 make you aware that I agree with you, but I just
13 want to make sure that in a situation where you
14 have a positive toxicology, aren't you going to
15 also have other indications that are going to be
16 there? Is the error in our system perhaps that
17 we have just not addressed this issue? In other
18 words, that we have a positive toxicology, it
19 would seem to me, after that, all you have to do
20 is look, and then you have other evidence that
21 would create the presumption that we're trying
22 to do in this legislation.
23 SENATOR SKELOS: First of all,
7285
1 when we're dealing with a doctor, a doctor is
2 going to look for certain signs before they will
3 order a toxicology report. I mean it's like an
4 eyeball test. They will look to see if the
5 mother presents unexpected placental separation,
6 premature labor which is unusual, deformities by
7 ultrasound, HIV positive if known, depressed
8 mother, incoherence, response to verbal
9 commands, pinpoint pupils, sites of injections,
10 a number of things that the doctor will look for
11 before he orders the positive toxicology report
12 and -- orders a test or a toxicology report.
13 You also look for -- the baby:
14 Irritability, does not feed well, shakes and
15 tremors, excessive crying, shrill, high-pitched
16 crying, depressed Apgar score which measures
17 muscle tone, increased muscle tone. I can go on
18 and on.
19 SENATOR PATERSON: Right.
20 SENATOR SKELOS: So there are
21 many things that the doctor is going to look for
22 both in the birth mother and in the baby before
23 he orders the urine test, and remember that
7286
1 there is a 96-hour maximum for drugs to show in
2 the urine and, thus, there is an imminent risk
3 to that child when they are born with a positive
4 toxicology showing. That should be deficient.
5 Now, you may disagree, but that,
6 in my mind, should be sufficient for child
7 protection to come in and take care of that
8 child, and we can debate all day back and forth
9 on that, but, in my mind, this legislation, that
10 should be sufficient.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Paterson.
13 SENATOR PATERSON: Senator, you
14 are trying to force me to disagree with you. I
15 don't know why you are doing that because I
16 haven't disagreed with you.
17 SENATOR SKELOS: We can sit down
18 and have a vote and we all can agree.
19 SENATOR PATERSON: Yes, we can.
20 We can agree on what will be the best possible
21 legislation. That's why we're talking about
22 it. That's what we get paid for.
23 SENATOR SKELOS: You're right.
7287
1 ACTING PRESIDENT MAZIARZ:
2 Senator Paterson?
3 SENATOR PATERSON: Yes.
4 ACTING PRESIDENT MAZIARZ: Are
5 you asking Senator Skelos to continue to yield
6 for a question?
7 SENATOR PATERSON: Yes, if the
8 Senator will continue to yield.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Skelos, will you continue to yield?
11 SENATOR SKELOS: Yes, Mr.
12 President.
13 ACTING PRESIDENT MAZIARZ: He
14 yields.
15 Senator Paterson.
16 SENATOR PATERSON: Senator, you
17 just laid out -- and I think we're really
18 getting somewhere -- the criteria that would
19 establish the threshold that would force the
20 doctor to order the test. Would not -- so,
21 therefore, the doctor can't just randomly order
22 a test, can they?
23 SENATOR SKELOS: In their medical
7288
1 judgment, they can. It's a urine test.
2 SENATOR PATERSON: Okay. All
3 right. So the doctor -- in other words, without
4 the indications that you were just pointing out,
5 you are saying a doctor can order the test?
6 SENATOR SKELOS: That's their
7 medical judgment. We're not questioning the
8 medical judgment of a doctor. There are no set
9 guidelines for a doctor in terms of how he feels
10 he should best treat that child when they are
11 born.
12 SENATOR PATERSON: But, Senator,
13 you just laid out about 25 indications that
14 there is a need for a test.
15 SENATOR SKELOS: Yes. That's
16 information received from Dr. Albert Bartoletti,
17 Chairman of the Department of Neonatology at St.
18 Peter's Hospital.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Paterson.
21 SENATOR PATERSON: If the Senator
22 would continue to yield.
23 ACTING PRESIDENT MAZIARZ:
7289
1 Senator Skelos.
2 SENATOR PATERSON: Through you,
3 Mr. President. What I'm saying, Senator, is,
4 the doctor's statement of the other physical
5 symptoms plus the test would actually meet the
6 same presumption that in your legislation you
7 just have the test presuming. So what I'm
8 saying to you is, if you had a circumstance
9 where a doctor ordered a test, could cite none
10 of these symptoms as the catalyst for ordering
11 the test, and then you get a positive reading in
12 the toxicology test -- so now we've got the test
13 is positive, we have no other corroborating
14 medical evidence, it's possible that it's a
15 false positive.
16 And all I'm saying is, if your
17 legislation said, if we had the test plus any
18 medical evidence -- and I don't even think you
19 have to list -- you could list them
20 parenthetically as possible medical evidences.
21 But, in other words, what I'm trying to protect
22 against is a doctor that makes a seat-of-the
23 pants judgment that there needs to be a test,
7290
1 then you have a positive, and then you have
2 intervention by the child protective agency.
3 It seems to me that your
4 legislation is very much on the right track, and
5 all I'm saying is the test results standing
6 alone, in my opinion, would be buttressed even
7 by an extra line in your legislation that says,
8 "and the medical opinion of the doctor that the
9 test needed to be taken," so that we're
10 protected from just random testing. That's all.
11 Everything else that you said I
12 agree with wholeheartedly.
13 SENATOR SKELOS: First of all,
14 the statute does not substitute medical
15 judgment. We're not looking at the initial
16 stages to subpoena doctors to come in for
17 testimony. We're treating this type of
18 toxicology test, positive toxicology, as any
19 other medical report that will be issued when a
20 child is born or other medical tests that may
21 occur in a hospital with other individuals.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Paterson.
7291
1 SENATOR PATERSON: Mr. President,
2 I want to thank Senator Skelos.
3 Mr. President, on the bill.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Paterson, on the bill.
6 SENATOR PATERSON: The point that
7 Senator Skelos made that I think in the end is
8 the one we probably should follow is that if
9 this situation applied to adults or it applied
10 in some way where the individual who is affected
11 had a greater voice, then I think the
12 combination of some criteria would really reach
13 the standard that Senator Skelos is trying to -
14 -- is reaching for through this legislation.
15 What I guess I would just say is
16 when Senator Skelos said he would rather err in
17 the direction of a law that would favor the best
18 interests of the child, I think I'm willing to
19 go along with that. I have some real problem
20 with the cursory acceptance of a toxicology
21 report even without any understanding of why it
22 was ordered in the first place.
23 But I think I will follow Senator
7292
1 Skelos' edict in this case and if a couple of
2 people have false positives, it isn't what our
3 system is really about but because of what we
4 have seen in a lot of newborns who tested
5 positive and what their very lugubrious fates
6 were, I think that it would be best that we pass
7 this legislation.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Montgomery.
10 SENATOR MONTGOMERY: Yes, Mr.
11 President. I would like to ask if the sponsor
12 would yield.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Skelos, would you yield for a question?
15 SENATOR SKELOS: Yes, Mr.
16 President.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Montgomery.
19 SENATOR MONTGOMERY: Senator
20 Skelos, you are amending the Family Court Act.
21 Is this -- that's what I have here -
22 SENATOR SKELOS: Yes.
23 SENATOR MONTGOMERY: -- "to amend
7293
1 the Family Court Act." How does that work?
2 Does the Judge make the decision, or the doctor
3 makes the decision? I'm not clear about what is
4 the process.
5 SENATOR SKELOS: If the mother
6 has a positive toxicology report, at that point
7 it's prima facie evidence to not release that
8 child to a potentially dangerous household.
9 SENATOR MONTGOMERY: The court
10 automatically places the child.
11 SENATOR SKELOS: Protective
12 services would then step in and not have to go
13 through the potentially 60-day period of finding
14 out whether a report is indicated or unfounded.
15 We're saying there is such an imminent danger to
16 that child at that point that, as public policy,
17 we should step in and protect that child until
18 you can find, perhaps, a rebuttable presumption
19 that there was not a positive toxicology report,
20 that the child will not be going into a
21 potentially neglectful or abusive household.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Montgomery.
7294
1 SENATOR MONTGOMERY: Mr.
2 President, through you, if the Senator would
3 continue to yield.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Skelos.
6 SENATOR MONTGOMERY: The finding
7 of child abuse, if there is evidence of child
8 abuse or child neglect, does that person not get
9 reported to the child abuse registry?
10 SENATOR SKELOS: Yes.
11 SENATOR MONTGOMERY: So,
12 essentially, we're talking about the automatic
13 reporting of any woman who comes into the
14 hospital whose child tests positive.
15 Automatically, they go into the registry.
16 SENATOR SKELOS: That's presently
17 existing law.
18 SENATOR MONTGOMERY: Yes, I
19 understand.
20 SENATOR SKELOS: I just want to
21 make it very clear. All we're saying in this
22 legislation is that if there is a positive
23 report that that's a prima facie case of neglect
7295
1 and that protective services should come in at
2 that point. That's all we're changing.
3 Reporting by doctors, indicated, unfounded, all
4 of that, is not being changed by this
5 legislation.
6 We're just responding to a Court
7 of Appeals decision that indicated that unless
8 there's other indications of abuse and neglect
9 other than a positive toxicology report, you can
10 not remove that child from that household.
11 We're saying that because there is no other
12 history with that child, again because the child
13 is just being born, that there is no way you can
14 find an additional element to remove that child
15 from that potentially dangerous household. By
16 not doing this, we're saying send the kid to
17 that house, let the kid be abused, and then
18 we'll step in. That's unnecessary. That should
19 not happen.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Montgomery.
22 SENATOR MONTGOMERY: Yes, if you
23 would continue to yield.
7296
1 ACTING PRESIDENT MAZIARZ:
2 Senator Skelos.
3 SENATOR MONTGOMERY: I know
4 Senator Paterson asked questions about this.
5 I'm still not clear on the testing process. Who
6 does the testing? Are we also, with this
7 legislation, requiring that every child be
8 tested for drugs, or is that a requirement now?
9 In other words, is this a mandatory testing
10 bill, as well?
11 SENATOR SKELOS: No.
12 SENATOR MONTGOMERY: So what if
13 the hospital decides that they are not, in fact,
14 going to test the babies.
15 SENATOR SKELOS: That's a medical
16 judgment. We're not interfering with the
17 medical judgment of the doctor. All we're
18 saying is if the doctor in his judgment orders
19 this report and if it comes back indicating that
20 the mother has taken drugs -- and remember that
21 96-hour period -- that then is sufficient to
22 find neglect and that protective services should
23 step in and protect that child.
7297
1 SENATOR MONTGOMERY: Okay.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Montgomery.
4 SENATOR MONTGOMERY: Yes, Mr.
5 President, through you. I want to ask the
6 Senator if the -- based on the fact that most of
7 the women that we're talking about, I would
8 assume, trying to deal with by this legislation,
9 come in at the time of delivery either to an
10 emergency room or just when they are -- I mean
11 they are not necessarily people who have been
12 through prenatal care, unfortunately, and so, in
13 other words, we're leaving it up to the doctor;
14 and what happens? Because the person is there,
15 the baby is born, and they have not more than 48
16 hours and they are out. What are we suggesting
17 happens in cases like that?
18 SENATOR SKELOS: The existing law
19 is that protective services would step in and
20 take custody of that child. The doctor has to
21 report. Nothing is changed in the law. The
22 procedures that the doctor has to follow, the
23 hospital has to follow, protective services has
7298
1 to follow, nothing is changed by this
2 legislation.
3 All that is changed is, again, if
4 a positive toxicology report is found and we're
5 responding to a Court of Appeals decision, that
6 that in and of itself is sufficient to find
7 neglect for protective services to step in.
8 We're not changing anything else. We're not
9 mandating drug testing. We're not changing any
10 other aspect of the law other than what a
11 positive toxicology report should mean in terms
12 of protecting that child, and the fact that
13 there is such a direct -- all studies show that
14 there is such a direct correlation between a
15 positive toxicology report, drug abuse -
16 "crack" cocaine, particularly -- at the time of
17 the birth, and the harm to that child when the
18 child is released from the hospital.
19 The harm is generally not going
20 to occur in the hospital. There is no history
21 at that point of neglect of that child, other
22 than the drug use. What we're saying is, don't
23 release that child to that household to be
7299
1 abused, to be mistreated, to be hurt, to be
2 murdered. Let's protect that child right now.
3 SENATOR MONTGOMERY: One last
4 question, Mr. President.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Montgomery.
7 SENATOR MONTGOMERY: Senator
8 Skelos, you mentioned -- on the memorandum in
9 support under fiscal implications, you said
10 "none."
11 Now, my assumption is that if we
12 are now going to be automatically removing
13 babies who are born with a positive toxicology,
14 it's going to be a tremendous -- a tremendous
15 new additional burden on the state and locality
16 in terms of providing protective services for
17 these babies; and given the fact that we are now
18 -- we have cut the children and family block
19 grant funding, how do you see the state paying
20 for this additional -
21 SENATOR SKELOS: First of all,
22 this was the existing law prior to the Court of
23 the Appeals decision, so this type of protection
7300
1 was occurring until the 1995 decision by the
2 Court of Appeals saying that type of report is
3 insufficient, so these children were being cared
4 for within the system and the money being spent
5 on these children until this decision was made.
6 That's why I do not believe there's going to be
7 a fiscal impact on the state because this system
8 occurred. This was happening until the Court of
9 Appeals said, "No, you can't do this." and now
10 we're responding by changing the law.
11 They strictly construed the
12 legislation as existed. We are now responding
13 by changing the law to make sure that the system
14 that existed prior to that Court of Appeals
15 decision continues.
16 SENATOR MONTGOMERY: Thank you,
17 Senator.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Montgomery.
20 SENATOR MONTGOMERY: Yes, on the
21 bill.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Montgomery on the bill.
7301
1 SENATOR MONTGOMERY: Mr.
2 President, I'm just concerned that by
3 establishing this positive toxicology as prima
4 facie evidence of child neglect and abuse it
5 will now require that every person be put into
6 the neglect/child-abuse registry, and also that
7 we're not really addressing the cause of these
8 children being born or attempting to identify
9 specifically what kinds of intervention we need
10 to be establishing for these women who come in
11 and have clearly been abusing substances of all
12 sorts, alcohol, drugs, and what have you.
13 Certainly, we do know -- I agree
14 with Senator Skelos. We do know the
15 consequences of babies being born in those
16 circumstances, but we also, I think, know the
17 consequences of automatically removing those
18 babies without appropriate intervention to help
19 that parent become enabled as a parent to take
20 care of a child.
21 So I really -- I have some
22 reservations about the legislation, though I
23 think it's well intended. We certainly do want
7302
1 to protect babies that are born in these
2 circumstances, but I think we need to look more
3 carefully at ways in which we can intervene in a
4 positive sense, and that is not being done with
5 this legislation.
6 So I will be voting against it
7 because I think it requires a different approach
8 and a more in-depth look at ways in which we can
9 more positively intervene.
10 Thank you.
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 SENATOR SALAND: Mr. President,
19 to explain my vote.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Saland, to explain his vote.
22 SENATOR SALAND: Mr. President, I
23 would like to commend Senator Skelos for his
7303
1 efforts on this particular legislation. I had
2 the good fortune of being able to work with him
3 as the chairman of Children and Families in
4 endeavoring to craft this legislation, which
5 directly responds to a Court of Appeals case, as
6 Senator Skelos mentioned.
7 This bill is an enormous step in
8 the right direction in protecting children and
9 families, particularly those who are actually
10 and quite literally born into this world as a
11 clean slate. They have been in utero. They
12 have known no other contact other than through
13 whatever it is that may be provided by way of
14 either their genetics or by whatever may have
15 previously been engaged in by way of conduct by
16 the mother; and, in this case, as was pointed
17 out, the use of drugs in close proximity to
18 birth certainly should be a prima facie
19 indication with a positive toxicology of neglect
20 and, certainly, is an enormous step in the right
21 direction of correcting what I believe to have
22 been an inappropriate Court of Appeals
23 decision.
7304
1 Again, I commend Senator Skelos.
2 I think this bill should send a very loud and
3 clarion signal that we are absolutely and
4 unequivocally serious about dealing with drug
5 abusing mothers who bring children into this
6 world, children who, in effect, are doomed from
7 the start by reason of a host of studies that
8 indicate rather objectively, either medical or
9 social science, birth defects, developmental
10 abnormalities, physical abnormalities as well as
11 a greater likelihood of being neglected, abused,
12 or even killed once returned to their household.
13 I vote in support of this
14 legislation and thank Senator Skelos for
15 bringing it to the floor.
16 ACTING PRESIDENT MAZIARZ:
17 Announce the results.
18 THE SECRETARY: Ayes 53, nays 1,
19 Senator Montgomery recorded in the negative.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 Senator Skelos.
23 SENATOR SKELOS: Mr. President.
7305
1 There will be an immediate meeting of the Rules
2 Committee in Room 332 of the Capitol.
3 ACTING PRESIDENT MAZIARZ: There
4 will be an immediate meeting of the Rules
5 Committee in Room 332 of the Capitol.
6 Senator Mendez.
7 SENATOR MENDEZ: Mr. President.
8 I was out of the chambers when the roll was
9 called on Bill Number 1117. I would like to be
10 recorded in the negative. Do I have time to
11 explain my vote?
12 ACTING PRESIDENT MAZIARZ:
13 Without objection, Senator, you will be recorded
14 in the negative on Calendar 1117.
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 1137, by Senator Marchi, Senate Print 1753, an
18 act to amend the Vehicle and Traffic Law.
19 SENATOR STACHOWSKI: Explanation.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Marchi, an explanation has been
22 requested of Calendar Number 1137.
23 SENATOR MARCHI: Mr. President,
7306
1 the members of the organized militia of the
2 state of New York -- there are some 34,000 of
3 them, the Army National Guard, the Naval
4 Militia, the State Guard, the Army -- can, upon
5 request, receive appropriate distinctive license
6 plates for which a fee of $15 is assessed. The
7 actual number of people who are in this category
8 are 423 registrations.
9 Assuming that this bill were
10 passed, in that case, of course, we would be
11 foregoing $6,450. That's the minimal, because
12 there would be others who presumably might take
13 advantage of the arrangement.
14 I would like to point out -
15 ACTING PRESIDENT MAZIARZ:
16 Senator Marchi, excuse me for one second.
17 Senator Stachowski.
18 SENATOR STACHOWSKI: Senator
19 Marchi, if you will just yield to one question,
20 I think we can probably cut this down.
21 SENATOR MARCHI: Certainly.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Marchi, will you yield to a question?
7307
1 Senator Stachowski.
2 SENATOR STACHOWSKI: Senator,
3 your bill on the title says, "to any organized
4 militia," and I believe that in your explanation
5 you explained that it's only the New York
6 State -
7 SENATOR MARCHI: Yes.
8 SENATOR STACHOWSKI: -- Reserves
9 and that -
10 SENATOR MARCHI: Yes.
11 SENATOR STACHOWSKI: -- not any,
12 you know -
13 SENATOR MARCHI: No.
14 SENATOR STACHOWSKI: -- any of
15 those other -- although they're organized, none
16 of those other militias will be eligible for
17 this.
18 And, you know, with them being so
19 high-profile currently, I just didn't want
20 anybody to get the mistaken idea that New York
21 State is passing a bill saying organized
22 militias can get a distinctive license plate.
23 SENATOR MARCHI: As a matter of
7308
1 fact, Mr. President, I believe your concern is
2 appropriate, and I believe Senator Leibell is
3 preparing or is introducing legislation to
4 address the very fact that we are both concerned
5 about.
6 No, this is the real thing.
7 SENATOR STACHOWSKI: Thank you.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 SENATOR DOLLINGER: Mr.
11 President, just on the bill, briefly.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Dollinger.
14 SENATOR DOLLINGER: Just one
15 brief point. I think in some of the research I
16 did six months ago that, actually, any
17 unorganized militia, any organization that gets
18 together is actually banned in this state.
19 There's no such thing as an unorganized
20 militia. The only kind of militia that we have
21 that are legal are the kinds that are mentioned
22 in your bill, and, as Senator Stachowski said,
23 those other groups that call themselves militias
7309
1 are actually illegal under the New York State
2 Military Law.
3 SENATOR MARCHI: It has all the
4 elements of mischief, as we've seen take place
5 around the country. I think the sooner we
6 address that abusive -- well, horrible. They
7 have inflicted awesome casualties and damage,
8 and they have that potential. It's an existing
9 potential. I believe the earlier we address
10 that aspect, I think we'll all be better off.
11 SENATOR DOLLINGER: I just want
12 to join Senator Stachowski in supporting the
13 organized militia, and let's draw a firm line
14 that the unorganized groups that call themselves
15 militias are illegal in this state and don't
16 deserve the imprimatur of license plates or
17 anything else.
18 SENATOR MARCHI: We're in total
19 agreement, Senator.
20 SENATOR DOLLINGER: I appreciate
21 that.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
7310
1 THE SECRETARY: Section 2. This
2 act shall take effect on the first day of
3 September.
4 ACTING PRESIDENT MAZIARZ: Call
5 the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 54.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1312, by Senator Padavan, Senate Print 701, an
12 act to amend the Social Services Law.
13 SENATOR PATERSON: Explanation.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Padavan, an explanation has been
16 requested by the Acting Minority Leader, Senator
17 Paterson.
18 SENATOR PADAVAN: Thank you, Mr.
19 President.
20 I believe most of you, if not
21 all, are familiar with something known as the
22 sponsor's agreement, where an individual who is
23 seeking entry to this country as a legal alien
7311
1 obtains an agreement from a sponsor, the person
2 who is making him/herself responsible for that
3 immigrant in terms of economic needs. Those
4 agreements are required, provided for in law,
5 Federal Immigration Law.
6 Now, what we're saying here in
7 this proposal is that the conditions of that
8 agreement be enforced; that if someone is
9 seeking social service benefits, that our social
10 service agency will reach out to that sponsor
11 who put his or her name on a piece of paper
12 saying, "I will assume these responsibilities."
13 Now, if that person, that sponsor
14 is no longer in a position to provide that
15 financial assistance, that support, or is no
16 longer in the state, the bill before us allows
17 social services to immediately take that into
18 consideration and provide the needs of the
19 individuals applying.
20 That, in essence, is the bill.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Paterson.
23 SENATOR PATERSON: Thank you, Mr.
7312
1 President. If Senator Padavan would yield.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Padavan, would you yield for a question?
4 SENATOR PADAVAN: Yes.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Paterson.
7 SENATOR PATERSON: Senator, you
8 just said that the purpose of the bill is to
9 make sure that the responsibilities of the
10 sponsorship be enforced. However, as is well
11 held federal law and it even appears in your
12 sponsorship memorandum, we're aware that you
13 can't enforce a contract between the sponsor and
14 the legal alien for that kind of an agreement.
15 So as the law stands right now,
16 and it is a federal law so we assume preemption,
17 I don't understand how that can be the purpose
18 of your legislation because, if it is the
19 purpose of your legislation, it is basically
20 void by the preempting federal law.
21 SENATOR PADAVAN: By the what? I
22 don't understand your question, Senator.
23 What I'm saying is that federal
7313
1 law provides for the sponsorship agreement.
2 That's a fact. I don't think anyone quarrels
3 with that. We're saying that our Department of
4 Social Services in New York should initiate
5 action to seek the support that that sponsorship
6 agreement provides for, with the exceptions that
7 I explained before.
8 So, again, I don't understand
9 your question.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Paterson.
12 SENATOR PATERSON: Thank you, Mr.
13 President. I will restate the question for
14 Senator Padavan.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Padavan, do you continue to yield?
17 SENATOR PADAVAN: Yes. Yes, I
18 do.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Paterson.
21 SENATOR PATERSON: I don't know
22 what the bill initiates. What it does, it makes
23 the individuals ineligible for social services
7314
1 based on the fact that they are not receiving
2 continued sponsorship from the sponsor, and I'm
3 saying that in your opening statement you said
4 that the reason that -- the purpose of the bill
5 was to make the responsibility of the sponsor
6 something that's enforceable. Those were
7 actually the words you used.
8 And I was just asking you how you
9 could say that when in the federal law that is,
10 in my opinion, the supervening law, it says that
11 you can not make that relationship enforceable
12 as in a contract.
13 SENATOR PADAVAN: There's
14 something that I'm either not hearing or not
15 understanding.
16 The bill, in effect, by virtue if
17 it ever were enacted, makes our social service
18 agencies responsible to reach out to that
19 sponsor in the first step. By the way, this
20 applies for three years under federal law.
21 That's what we want to happen, and there is a
22 reason for it. It's not an arbitrary idea. By
23 the way, it's not my idea initially. I will
7315
1 tell you a little later where it came from.
2 But the cost to the State of New
3 York in social services as provided by the
4 Department of Social Services is anywhere from
5 500 million to 786 million in terms of social
6 service costs. That is all the categories. So
7 we're not talking about something here that's
8 insignificant.
9 Now, we acknowledge, as I said
10 before in my explanation, that sponsors'
11 situations change. They might die. They might
12 move. They may have their own economic
13 problems, so that it might not be enforceable
14 for that reason, and we provide for that.
15 But what I said -- and if I
16 didn't make myself clear, let me clarify it.
17 What I said was, the sponsorship agreement
18 exists in federal law. We want it applied,
19 because it's not being applied, at least not in
20 New York State, and that's what this bill seeks
21 to do.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Paterson.
7316
1 SENATOR PATERSON: Maybe we'll
2 take this issue by going a different direction.
3 What happens, Senator, under your legislation if
4 a sponsor refuses to provide the legal alien
5 with assistance?
6 SENATOR PADAVAN: Now, if that's
7 your question, I understand it. You are
8 referring to court cases such as the Mannino
9 case and others. Am I correct, just so I can
10 properly answer your first question?
11 SENATOR PATERSON: Well, Senator,
12 I know what the Mannino case held, but I'm
13 really just asking, what happens if the sponsor
14 refuses to make resources available to a legal
15 alien?
16 SENATOR PADAVAN: The cases that
17 have been reported on that particular point do
18 provide some inhibiting factor in seeking those
19 funds from a sponsor. However, in the reading
20 of those cases, you will find it's basically
21 based in terms of the inadequacy of our law in
22 this state, and that's why we have introduced
23 this bill to clarify it.
7317
1 Now, I think in many instances,
2 any judicial action might not be necessary. I
3 think if a social service agency simply reaches
4 out to Mr. Jones and says, "Mr. Jones, you have
5 a sponsor's agreement which you entered into; we
6 feel that, obviously, you are not in good faith
7 maintaining your agreement," that would be the
8 end of it in many instances, and that would
9 inure to the benefit of the taxpayers of New
10 York State.
11 Let me share one other thing with
12 you. Are you familiar -- because we discussed
13 it many times here in the Senate -- the U.S.
14 Commission on Immigration Reform, which was
15 chaired for a number of years by Barbara Jordan,
16 who passed away last year. In that report, the
17 Commission, which was created by the Congress
18 and the President, they made many, many
19 recommendations, but I would like to share with
20 you this one recommendation that relates
21 specifically to the bill before us, and I'm
22 reading the report: "Sponsors should be held
23 financially responsible for the immigrants that
7318
1 they bring to this country. In particular, the
2 Commission believes that the affidavits of
3 support signed by sponsors should be legally
4 enforceable with contingencies made if the
5 sponsor's financial circumstances change
6 significantly for reasons that occurred after
7 the immigrant's entry."
8 That's what this bill does. It
9 tracks specifically the recommendation of the
10 Commission, and we're doing it in New York.
11 Now, as you know from the media
12 reports, the Congress is considering even more
13 stringent obligations on the part of sponsors.
14 For instance, they are considering changing
15 three years to five years, one proposal to ten
16 years and a variety of other things.
17 But we in New York have to deal
18 with what we have, and the law is clear. We
19 have an opportunity to reach out to the sponsor
20 irrespective of any court action that might have
21 to be initiated, or whatever, or any that have
22 already been dealt with. We have a
23 responsibility on behalf of the taxpayer to
7319
1 reach out to the sponsor and remind them, firmly
2 and politely, "You have an obligation. Now,
3 let's sustain it. Do what you said you were
4 going to do."
5 ACTING PRESIDENT MAZIARZ:
6 Senator Paterson.
7 SENATOR PATERSON: Mr. President,
8 I agree with Senator Padavan's premise, but I
9 think Senator Padavan is putting the cart before
10 the horse.
11 On the bill, Mr. President.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Paterson on the bill.
14 SENATOR PATERSON: Senator
15 Padavan referred to the Federal Commission, and
16 the Federal Commission made some suggestions.
17 One of the reasons that they wanted to make the
18 sponsor responsible and wanted to make that
19 agreement enforceable as Senator Padavan read it
20 is because right now it's not. It's not
21 enforceable, and Senator Padavan knows that.
22 It's in his memorandum.
23 So, because of the fact that it's
7320
1 not enforceable, that's what the Mannino case
2 was all about. What Senator Padavan is trying
3 to do is to legislate on the state level to -
4 in a sense, try to, in many ways, subrogate what
5 has already been legislated on the federal
6 level.
7 If we want to change the federal
8 law, Senator Padavan, then perhaps the
9 Commission's recommendations will be heeded by
10 our Congress, and we will be able to change the
11 federal law, but in the interim, trying to, in a
12 sense, undercut the federal law by putting this
13 piece of legislation in, which I am suggesting
14 would not hold up to any court challenge because
15 we not only have judicial cases that hold
16 against this legislation we have actual law that
17 contradicts in legislation.
18 What Senator Padavan is trying to
19 do in this legislation is to -
20 SENATOR PADAVAN: Mr. President,
21 would Senator Paterson yield?
22 ACTING PRESIDENT MAZIARZ: I'm
23 sorry.
7321
1 SENATOR PADAVAN: Would Senator
2 Paterson yield?
3 SENATOR PATERSON: Yes, most
4 certainly.
5 SENATOR PADAVAN: Could you share
6 with us, Senator Paterson, any law in this state
7 that prohibits a social service agency from
8 reaching out to a sponsor in terms of their
9 fulfilling their obligation? I didn't say court
10 now. I said law.
11 SENATOR PATERSON: No. As a
12 matter of fact, Senator -
13 ACTING PRESIDENT MAZIARZ:
14 Senator Paterson.
15 SENATOR PATERSON: -- I cannot
16 cite any law in this state, because I don't have
17 the slightest problem with the -- with our
18 government, with our social service agencies
19 reaching out to the sponsors who, in principle,
20 made a commitment that they did not fulfill.
21 But what I have a problem with
22 and where the law does apply is the fact that we
23 are now trying to make the legal alien, who in
7322
1 many ways is also a taxpayer in many instances,
2 that this individual now becomes the object of
3 serious economic harm because the sponsor didn't
4 fulfill their agreement; and, quite often, the
5 sponsor isn't an individual. It could be the
6 company that hired them, and what is happening
7 as a result of this legislation is that
8 individuals are going to be affected negatively
9 because they are not entitled to any social
10 services because, specifically, the sponsor
11 reneged on their agreement.
12 So what Senator Padavan is trying
13 to do in this legislation is to find a way to go
14 around the federal law and make that agreement
15 enforceable.
16 Now, should the agreement be
17 enforceable? That's an issue that Senator
18 Padavan addressed when he talked about the
19 Federal Commission. He believes it should be.
20 The Commission certainly has dicta in their
21 document that says that it should be, but that's
22 something that we would have to legislate on the
23 federal level.
7323
1 What is occurring right here on
2 the state level is that Senator Padavan is going
3 to deny the privileges of social service to the
4 indigent victims of sponsorship where the
5 sponsor reneged, and the only way that the legal
6 alien could respond would be to have had an air
7 tight, enforceable contract with the sponsor,
8 which is not valid under federal law.
9 So, no, I can't find anything in
10 the state law that says that the social services
11 agency shouldn't reach out to the sponsor, but I
12 wasn't looking for it because I think that part
13 of the legislation that Senator Padavan is
14 introducing is fine, but the part that I have
15 the serious objection with, and 17 members voted
16 against last year, is this idea that these
17 individuals who by the nature of the fact that
18 they are legal aliens, who went through the
19 procedures, who followed all of our rules, who
20 sometimes have been workers, whose tax dollars
21 have also helped provide the revenue base of
22 this state, that they are going to be victimized
23 for three years because their sponsors reneged
7324
1 on an agreement.
2 I think that is a vitriolic way
3 to treat people who want to be part of this
4 country and didn't sneak in here, didn't lie,
5 didn't cajole anybody, but followed all of our
6 laws and all of our regulations, and this is the
7 result, that because the sponsors were unable to
8 deliver and even with the federal law
9 notwithstanding that the federal law says that
10 we cannot enforce a contract, we are telling
11 them, "There will be a chilling effect. Don't
12 even think about coming into this country unless
13 you have a contract because there is no other
14 way that you will be able to get services,
15 because our social services agencies will not
16 provide them no matter how much you cooperated
17 with us."
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll.
7325
1 (The Secretary called the roll.)
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 1312 are Senat
4 ors Abate, Connor, Espada, Kruger, Leichter,
5 Markowitz, Montgomery, Onorato, Oppenheimer,
6 Paterson, Smith, Waldon, Mendez, Lachman. Ayes
7 41, nays 14.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1314, by Senator Padavan, Senate Print 3092, an
12 act to amend the Social Services Law, in
13 relation to inclusion.
14 SENATOR PATERSON: Explanation.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Padavan, an explanation has been
17 requested of Calendar Number 1314 from the
18 Acting Minority Leader, Senator Paterson.
19 SENATOR PADAVAN: Thank you, Mr.
20 President. This bill deals with the issue of
21 illegal aliens. Currently, federal law mandates
22 that emergency health care be provided to an
23 illegal alien at any time. However, we have
7326
1 discovered through our work and the work of
2 others, including, again, the Commission that I
3 cited previously, that many such illegal aliens
4 are receiving a broad base of health care beyond
5 that which could even in any way, shape or form
6 be defined as emergency.
7 The fiscal impact on the State of
8 New York is enormous, and so we have this bill
9 before us to require that certain steps be taken
10 that precludes illegal aliens from receiving
11 health care other than that provided for on an
12 emergency basis.
13 Again let me share with you a
14 recommendation from the Commission. It says,
15 "Illegal aliens are now eligible for benefit
16 programs. The Commission firmly believes that
17 benefit policies should continue to send this
18 message: 'If aliens enter the U.S. unlawfully,
19 they will not receive aid except in limited
20 circumstances.' Federal legislation should
21 permit states and localities to limit
22 eligibility of illegal aliens on this same
23 basis," and so on, and that's what this bill
7327
1 does.
2 ACTING PRESIDENT MAZIARZ: Thank
3 you, Senator Padavan.
4 Senator Espada.
5 SENATOR ESPADA: Thank you, Mr.
6 President. If the sponsor would yield to a
7 question or two, please.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Padavan, would you yield to a question
10 from Senator Espada?
11 SENATOR PADAVAN: Yes.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Espada.
14 SENATOR ESPADA: Thank you,
15 Senator Padavan. Your bill makes reference to
16 publicly-funded health facilities. My first
17 question is, what defines a publicly-funded
18 health facility?
19 SENATOR PADAVAN: Can you point
20 to the particular section of the bill that you
21 are referring to?
22 SENATOR ESPADA: 363 (c).
23 SENATOR PADAVAN: Line what?
7328
1 SENATOR ESPADA: Actually, line
2 3, "exclusion of illegal aliens from receiving
3 publicly-funded health care."
4 SENATOR PADAVAN: Virtually every
5 medical facility in this state.
6 SENATOR ESPADA: Pardon? I'm
7 sorry, Mr. President. I'm trying to hear.
8 SENATOR PADAVAN: Well, we got a
9 little background noise here that's outside the
10 chamber.
11 ACTING PRESIDENT MAZIARZ: Excuse
12 me.
13 SENATOR PADAVAN: I'll try and
14 speak a little louder.
15 ACTING PRESIDENT MAZIARZ: Could
16 we please have -
17 SENATOR PADAVAN: Every -
18 virtually every medical facility in this state
19 operates with some level of public funding,
20 Medicaid being the most obvious.
21 SENATOR ESPADA: I accept that.
22 Through you, Mr. President.
23 It also makes reference to
7329
1 emergency care or the provision of emergency
2 care; and so my question to you would be,
3 prenatal care, immunization, TB or treatment for
4 tuberculosis, a schedule of medications, et
5 cetera, HIV virus, treatment for the AIDS virus,
6 would those be emergency situations that would
7 fall under this bill as conditions that would be
8 treated?
9 SENATOR PADAVAN: The bill on
10 lines 6 and 7 says, "other than emergency
11 medical care as required by federal law." Now,
12 if those categories you mentioned fall in that
13 definition or in that framework, then they would
14 apply.
15 SENATOR ESPADA: And through you,
16 Mr. President.
17 And if I told you and medical
18 practitioners told you that they do not fall
19 into the classification as emergency care, would
20 that at all change your mind about the health -
21 the endangerment to the public health that
22 letting people out with tuberculosis without
23 proper immunization, without the ability to deal
7330
1 with the knowledge and treatment of the HIV
2 status, would that at all change your mind about
3 what this bill should involve by way of health
4 services?
5 SENATOR PADAVAN: No, it would
6 not change my mind. And let me in fully
7 answering that question share with you a speech
8 that was given by the President of the United
9 States last May.
10 It says, "Our immigration policy
11 is focused on four areas: First, strengthening
12 the border patrol; second, protecting American
13 jobs by enforcing laws against illegal
14 immigrants in the workplace; third, deporting
15 criminal and deportable aliens; fourth" -- and
16 here is the one that we are talking about -
17 "giving assistance to states who need it and
18 denying illegal aliens benefits for public
19 services or welfare." That's what the President
20 said, and he's right.
21 We cannot, Senator, no matter how
22 charitable we wish to be, be the health care
23 provider for the world. We cannot be a magnet
7331
1 for people coming into this state, into our
2 city, seeking a full range of health care.
3 Now, Senator, you are -- if you
4 would yield. Would you?
5 SENATOR ESPADA: Of course.
6 SENATOR PADAVAN: You are in the
7 health care business, as I understand it -
8 SENATOR ESPADA: Right.
9 SENATOR PADAVAN: And many of
10 your clients who come into that facility, I
11 assume, are illegal immigrants, are they, or any
12 of them? Some? Little? Many?
13 SENATOR ESPADA: We don't have a
14 method nor are we required nor is it desirable
15 to means test access kinds of provisions.
16 In the medicine that I'm familiar
17 with, what we do is: A person comes in. We
18 assess whether they can pay for their service,
19 if they have insurance. If not, they are on a
20 sliding fee scale. The ability to pay would
21 determine how much they are charged, but even if
22 we could not charge and recoup from them a
23 single penny, if a person were to come to us
7332
1 with tuberculosis, with presenting symptoms that
2 would indicate that the HIV virus may be present
3 or certainly needs to be tested for
4 confidentially, if a baby would come in need of
5 immunizations, our first interest, our first
6 concern would be the health status of that
7 particular individual and, more importantly, the
8 health status and the endangerment to the larger
9 community if that particular element was not
10 treated.
11 SENATOR PADAVAN: That's
12 laudatory. But, Senator, let me ask you
13 something.
14 SENATOR ESPADA: No, that's just
15 policy, and that's good health.
16 SENATOR PADAVAN: But you don't
17 inquire as to their immigration status,
18 obviously -
19 SENATOR ESPADA: No.
20 SENATOR PADAVAN: -- under those
21 circumstances?
22 SENATOR ESPADA: No, we don't.
23 SENATOR PADAVAN: How do you
7333
1 get -
2 SENATOR ESPADA: And, by the way,
3 through you, Mr. President, if I may just
4 qualify -
5 ACTING PRESIDENT MAZIARZ:
6 Senator Padavan, do you continue to yield to
7 Senator Espada?
8 SENATOR PADAVAN: I think he had
9 yielded to me, and he was answering a question.
10 ACTING PRESIDENT MAZIARZ: And he
11 just asked if you would yield to him.
12 SENATOR ESPADA: If you would
13 kindly allow me to embellish on that thought
14 before we lose it.
15 SENATOR PADAVAN: Sure, by all
16 means.
17 SENATOR ESPADA: And that is,
18 that of the six centers that we operate, given
19 the absence of financial barriers and
20 protections that I mentioned, all of them -- all
21 of them -- operate without a deficit, sir.
22 SENATOR PADAVAN: Without what?
23 SENATOR ESPADA: Without a
7334
1 deficit.
2 SENATOR PADAVAN: May I ask,
3 Senator, in those cases that you just described,
4 how the cost of doctors, nurses, supplies and
5 everything are provided for such individuals?
6 Who pays for that?
7 SENATOR ESPADA: Right now, most
8 of it is either Medicaid or on a fee for service
9 basis where the patients themselves pay. A
10 great number of the people that we service don't
11 have insurance. They are the working class
12 people of my district, like your district, that
13 are caught in between, can't qualify for
14 Medicaid and must pay out of pocket.
15 One of the many problems, as you
16 know, with our health care system is that we
17 don't cover the working class people, whether
18 they be of whatever immigrant status. They
19 really pay out of pocket, most of them.
20 SENATOR PADAVAN: Do any of
21 these -
22 ACTING PRESIDENT MAZIARZ:
23 Senator Padavan.
7335
1 SENATOR PADAVAN: Would you yield
2 again, Senator?
3 SENATOR ESPADA: Yes, of course.
4 SENATOR PADAVAN: Do any of these
5 individuals -- I assume, on occasion, referred
6 to local hospitals -- fall into what we call the
7 bad debt and charity pool in this state?
8 SENATOR ESPADA: I'm glad you
9 raised that point because one of problems with
10 this legislation, apart from the public health
11 safety concerns that we've raised, is this issue
12 of the state of health care in our state and how
13 services on Medicaid or services that are not
14 reimbursable through this entitlement are paid
15 for; and, yes, that is a bad debt and charity
16 pool.
17 But even with the bad debt and
18 charity pool that is now part of law, that will
19 soon expire unless both houses do something
20 about it real soon. Many of our health care
21 facilities, be that in the inpatient settings in
22 the hospital or in centers on the primary care
23 front, are living from paycheck to paycheck.
7336
1 Many of them, including last week if we didn't
2 pass the institutional budget on time, would not
3 have been able to make payroll.
4 So, yes, there is this kind of
5 safety valve that we have created, but even with
6 our access in that safety valve, that pool of
7 money, our institutions are suffering, sir.
8 They can't meet their payroll from one week to
9 the other.
10 SENATOR PADAVAN: But, Senator, I
11 just, in the cordiality of our dialogue here,
12 share with you that in looking at one of the
13 city hospitals in my county, Elmhurst
14 specifically, 30 percent -- actually, it's a
15 little more than that -- of their total costs
16 were bad debt and charity care pool costs,
17 meaning almost a third of that hospital's
18 overall -- two-thirds did not either qualify for
19 Medicaid or did not have any insurance and the
20 other third was picked up by the taxpayers of
21 this state.
22 SENATOR ESPADA: Right.
23 SENATOR PADAVAN: And of that
7337
1 percentage, based on information provided to me,
2 a significant percentage were immigrants, both
3 legal and illegal.
4 Now, we're talking in this bill
5 about illegal, to get back to your original
6 question to me. If the health care does not
7 conform to the federal regulations, then it
8 should not be provided and the provisions of
9 this bill, this proposal, should kick in.
10 SENATOR ESPADA: If I may, Mr.
11 President.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Espada.
14 SENATOR ESPADA: A follow-up
15 question to this bad debt and charity care.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Padavan, do you continue to yield to
18 Senator Espada?
19 SENATOR PADAVAN: Yes.
20 SENATOR ESPADA: Thank you,
21 Senator Padavan.
22 Again, I'm very glad that you
23 raised the bad debt and charity pool issue
7338
1 because it impacts directly on the fiscal health
2 of the institutions that you and I represent.
3 But, also, please keep in mind that when you say
4 that legal immigrants or illegal immigrants are
5 disproportionately taxing that bad debt and
6 charity, first and foremost, we are absolutely
7 wrong if we conclude that. It is the working
8 class American citizens in your district and
9 mine, through no problem that they have brought
10 on themselves -- we have corporate downsizing in
11 this state and throughout this country. We have
12 American citizens losing their jobs with no
13 health care insurance. You have no portability
14 to health care insurance even if you move from
15 one job to another. We have fundamental
16 problems with our health care system as it's
17 currently structured and financed.
18 So let's not mix this notable,
19 laudable thing that this state should be proud
20 of, the bad debt and charity pool, which is
21 targeted to the working class poor, with some
22 assumptions and misinformation about the
23 disproportionate use of this particular pool and
7339
1 that money by legal residents or illegal
2 residents. It simply does not bear fruit at
3 all.
4 Mr. President, if I may, on the
5 bill.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Espada, on the bill.
8 SENATOR ESPADA: I think when we
9 study the health care system, when we look at
10 what our health care providers are telling us,
11 not one -- not one health care administrator,
12 not one primary care provider, not one doctor or
13 social worker, would come up to you or any one
14 of the 61 Senators and say, first and foremost,
15 that what is needed is an Immigration
16 Naturalization Service deterrent at the hospital
17 emergency rooms or on the front lines of the
18 provision of care in the health care settings in
19 this state. It is absolutely a health care
20 stealth bill that is being proposed here.
21 We will not only hurt those
22 people that are, in fact, legal, or illegal, but
23 people that look a certain way, and this thought
7340
1 and this prejudice and this bias runs through
2 the five bills that were introduced last year by
3 Senator Padavan. They absolutely would provide
4 and reinforce a discrimination against those
5 people that look a certain way.
6 But, beyond that, if we just
7 study the absolute concrete implications of
8 this, we're talking about denying service which
9 is not emergent to children, their immunization
10 schedules, to persons who have tuberculosis and
11 other communicable diseases, HIV, you name it.
12 These are classified as nonemergency services.
13 If people go untreated,
14 undiagnosed, it is endangering the public
15 health. This is a most dangerous bill, as are
16 several of the others, but this, we must be very
17 careful because we understand that no provider
18 at all would accept this mandate. No health
19 care facility could afford this at this time or
20 any time, because it runs against the grain of
21 why doctors and social workers are out there
22 helping people in the helping professions at
23 this time.
7341
1 We vote no, and we encourage all
2 of our colleagues on both sides of the aisle
3 that are cognizant of the dangers of this bill
4 and the financial distress that could result to
5 also vote no.
6 Thank you.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Abate.
9 SENATOR ABATE: Yes, Mr.
10 President. Would Senator Padavan yield to
11 another question?
12 ACTING PRESIDENT MAZIARZ:
13 Senator Padavan, would you yield to a question
14 from Senator Abate?
15 SENATOR PADAVAN: Yes, I'd be
16 glad to.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Abate.
19 SENATOR ABATE: Senator, I
20 understand your intentions around saving
21 dollars, and you articulated your goals very
22 clearly, but I can conceive of a case where a
23 hospital or a public facility would be in
7342
1 tremendous conflict. Let me give you a
2 situation.
3 There is an illegal alien who
4 happens to be a pregnant woman and she's seeking
5 prenatal care before that health facility, and
6 certainly we understand that when a woman
7 receives prenatal care it's not just to benefit
8 the health of her but also the future viability
9 of that child and the future health of that
10 child. So, understanding that when that woman
11 gives birth to that child that child will be a
12 citizen, are we going to be denying under this
13 bill health care to this pregnant woman who also
14 happens to be an illegal alien?
15 ACTING PRESIDENT MAZIARZ:
16 Senator Padavan.
17 SENATOR PADAVAN: We would be.
18 SENATOR ABATE: We would be?
19 SENATOR PADAVAN: We would be,
20 just as the federal government says we should.
21 Now, I understand what you are
22 saying but, again, I repeat what I said to
23 Senator Espada. It would be marvelous if we
7343
1 could provide prenatal health care for people
2 all over the world who would like to come here
3 and have us provide it. The fact of the matter
4 is we don't have the resources.
5 As you know, our health care
6 system, particularly in our urban centers, New
7 York City being paramount -- our health care
8 capacity is overtaxed, stretched to the limit,
9 hospitals in tremendous financial crisis, all
10 kinds of things happening. Now, when you take
11 that into consideration, you really have to come
12 to one conclusion. We cannot do any more.
13 Now, what are we talking about?
14 Well, we had input from Welfare Inspector
15 General, Mr. Elmer Toro -- I'm sure you've heard
16 of him -- who told us that in this state illegal
17 immigrants -- illegal -- were receiving health
18 care, other than emergency, at a cost -- this
19 was in 1993, for that calendar year -- of over
20 $68 million.
21 Now, you might say, well, we
22 should spend it anyhow. But what I'm saying to
23 you, we don't have it to spend and we've got to
7344
1 draw the line. Now, the federal government has
2 drawn the blueprint for us, and we have to
3 follow it. By the way, I might add
4 parenthetically here if you have been paying
5 attention to what's going on in Washington, they
6 are considering going much further in many
7 respects. So what we're doing, I think, is
8 reasonable.
9 SENATOR ABATE: Thank you,
10 Senator.
11 On the bill.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Abate, on the bill.
14 SENATOR ABATE: Our actions in
15 New York State do not have to mirror or reflect
16 the actions in Washington. If Washington makes
17 a mistake, we should not necessarily replicate
18 that mistake, and the example I gave is exactly
19 what is wrong with this bill. A pregnant woman
20 is denied prenatal care, and there is a rippling
21 effect that will have a negative impact directly
22 on the child who she will give birth to in the
23 near future. I believe, while the intent of
7345
1 this bill is to save dollars, it will not save
2 dollars.
3 Last year, 15 people voted
4 against this bill. We should vote down the
5 legislation completely because so many things
6 have changed between last year and this year,
7 and what has changed is the hospitals, the
8 health facilities, are facing billions of
9 dollars in Medicaid cuts. As Senator Espada
10 said, they are fighting for their survival.
11 They are fighting to be able to provide very
12 important and critical services. In the guise
13 of saving dollars, we are now asking -- and I
14 believe it will be limited dollars. We're
15 asking them to take on an enormous
16 administrative apparatus, take on collecting
17 paper, doing investigations, setting up new
18 personnel departments to figure out who is
19 legal, who is illegal, which agencies they need
20 to reach out to. What kind of investigation
21 needs to be done? This is not a cost free
22 agenda. It's not a cost-free endeavor. It will
23 cost the providers enormous amounts of dollars.
7346
1 I believe the business in
2 determining who is legal and illegal is a law
3 enforcement function. They are trained to
4 investigate these matters. They are trained to
5 collect evidence, to interview people, to make
6 sure that justice is done. The hospitals are
7 ill-equipped to carry on this function, and it
8 should be left with the INS.
9 I also agree that this will have
10 deleterious effects on public health. We are
11 all affected when people in our neighborhood are
12 sick, have contagious disease or aren't provided
13 with preventive health measures. We as a
14 community in every community around the state
15 are affected when we do not have an aggressive
16 public health agenda. It's not good for us.
17 It's not good for the hospitals, and it's not
18 good for the children and the women who will be
19 left behind with this bill.
20 I urge all my colleagues to vote
21 no on this legislation.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Mendez.
7347
1 SENATOR MENDEZ: Thank you, Mr.
2 President. I wonder if Senator Padavan would
3 yield for a question.
4 ACTING PRESIDENT MAZIARZ:
5 Senator Padavan, would you yield for a question
6 from Senator Mendez?
7 SENATOR PADAVAN: Yes.
8 SENATOR MENDEZ: Senator Padavan.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Padavan.
11 SENATOR PADAVAN: Yes. Yes.
12 SENATOR MENDEZ: I just wanted to
13 make sure. Senator Padavan, oftentimes, we hear
14 of the local communities and other local
15 institutions crying out for all of us here to
16 stop sending them -- requiring them to comply
17 with mandates when we don't give them a penny.
18 Now, in this instance that was
19 mentioned also by Senator Abate, the doctor and
20 the people working in the emergency rooms, first
21 of all, they would have to write a letter -
22 according to your bill, would have to write a
23 letter to the person saying, "Sorry, you are ill
7348
1 but we must leave you die until we are able to
2 find out whether or not you are an illegal
3 alien," and after that is done, Senator Padavan,
4 then the person in the hospital -
5 SENATOR PADAVAN: That's not
6 true.
7 SENATOR MENDEZ: Wait, wait,
8 wait, wait.
9 SENATOR PADAVAN: That's not
10 true.
11 SENATOR MENDEZ: When a person -
12 when an illegal person goes to an emergency room
13 for medical emergency treatment when allowed by
14 the federal government, over there that person
15 will not be receiving medical services; right?
16 SENATOR PADAVAN: No. That
17 person will. That person will receive it.
18 SENATOR MENDEZ: How?
19 SENATOR PADAVAN: If that person
20 is seeking emergency health care, the federal
21 government -- and, by the way, just to clarify
22 that I said that the federal law is defined and
23 it does include inoculations against contagious
7349
1 diseases.
2 SENATOR MENDEZ: But when a
3 person goes to the hospital not for emergency
4 medical service, how will that person be
5 handled? Isn't the hospital personnel supposed
6 to first find out if person X is an illegal
7 alien or a resident alien or a U.S. citizen?
8 What is the process of doing so?
9 SENATOR PADAVAN: Sorry,
10 Senator. I didn't quite understand the
11 question.
12 SENATOR MENDEZ: Suppose the
13 illegal alien goes to the hospital seeking any
14 other medical service.
15 SENATOR PADAVAN: Other than
16 emergency, as defined.
17 SENATOR MENDEZ: Except
18 emergency, because you allow -- your bill allows
19 emergency medical services because those are the
20 ones that are allowed by the federal government,
21 but if they do go to the hospital very, very
22 sick, how will that person be handled, being an
23 illegal alien.
7350
1 SENATOR PADAVAN: If they are
2 very, very sick, that's an emergency, then they
3 would be cared for.
4 SENATOR MENDEZ: Come on. Your
5 bill -
6 SENATOR PADAVAN: Senator, let me
7 answer it this way. The federal government has
8 provided certain guidelines, and they talk about
9 emergency medical services, immunization and
10 testing, treatment for symptoms of communicable
11 disease, in-kind emergency, and so on and so
12 on. An emergency is an emergency. It's a
13 medical judgment. If that person is simply
14 there for an annual checkup or for something
15 that is not an emergency, then they would not be
16 under the provisions of our bill consistent with
17 the federal -
18 SENATOR MENDEZ: Senator.
19 SENATOR PADAVAN: Let me just
20 finish the sentence. To answer your question,
21 if it was not an emergency as defined, then, as
22 you see here on line 20, the facility shall not
23 provide such person the services.
7351
1 SENATOR MENDEZ: Keep reading,
2 please.
3 SENATOR PADAVAN: That's it.
4 SENATOR MENDEZ: Keep reading,
5 please.
6 SENATOR PADAVAN: The rest of it
7 is after the fact. The rest of it is, we
8 want -
9 SENATOR MENDEZ: Senator, your
10 bill, "The facility shall not provide such
11 person with services."
12 SENATOR PADAVAN: Right.
13 SENATOR MENDEZ: "The facility
14 shall in writing notify such person of his
15 suspected illegal immigration status."
16 SENATOR PADAVAN: Yes.
17 SENATOR MENDEZ: "The facility
18 shall also notify the Commissioner, the Attorney
19 General and the United States Immigration and
20 the Naturalization Service of the suspected
21 illegal status and shall provide any additional
22 information that may be requested by any other
23 public entity."
7352
1 All that process are mandates to
2 the hospital that are surviving -- trying to
3 survive because of economical situations, and so
4 they must become agents for the Immigration
5 Department. They must become Assistant D.A.s
6 for the District Attorney -- you know, all that
7 process.
8 So wouldn't you have to agree,
9 Senator Padavan, that this bill will be giving
10 unfunded mandates to hospitals and other health
11 organizations?
12 SENATOR PADAVAN: I don't agree,
13 and I will explain why, Senator.
14 SENATOR MENDEZ: You're not
15 giving them a penny.
16 SENATOR PADAVAN: May I explain
17 why I don't agree?
18 SENATOR PADAVAN: We decided that
19 there will be a chilling effect in terms of cost
20 because in so doing we will reduce finally the
21 number, we will reduce the number of illegal
22 aliens coming into the country, into the United
23 States, particularly in the city of New York.
7353
1 As Mr. Toro has cited, in that year alone, there
2 was $50 million in city hospitals alone in the
3 city of New York in terms of cost for illegal
4 aliens. A very small percentage of it was for
5 emergency, very small percentage.
6 In the course of this chilling
7 effect, this process that we are trying to
8 implement, we would save millions and millions
9 of dollars for the state, but more importantly
10 for the hospitals you're referring to because
11 they are the ones -- and I ask you, Senator, if
12 you haven't done it already, and you probably
13 have -- sit in a clinic or emergency ward at one
14 of our city hospitals. I have. Sit there for a
15 while. Talk to the intake people, talk to the
16 doctors who are there serving. Listen to what
17 they have to say. They say, We're overwhelmed
18 here. We're overwhelmed. That's where the
19 benefit would come in.
20 SENATOR MENDEZ: I know -- I know
21 that this bill of yours is positively motivated
22 to make sure that we save some money. You are a
23 man with a great heart and you want to save
7354
1 money for the state of New York, and I mean
2 that. If you weren't on the floor of the Senate
3 I would tell you, Senator Padavan, You are a
4 good man, Charlie Brown; but I can't do that
5 because we are on the Senate floor of the
6 chamber.
7 But in any event, on a serious
8 note, this bill of yours, besides provoking
9 great pain and suffering of individuals, that
10 yes, they do not have the right to be here
11 according to our law but, if they are here, it's
12 because among other things, because the -- our
13 federal government is not doing the job, period,
14 and they are here exactly the same way that many
15 other previous immigrants did come into the -
16 into the country.
17 But this, this bill, besides pain
18 and suffering that it would provoke to all these
19 people, will also be provoking economic pain to
20 our hospitals and clinics. You'll be saving on
21 the one hand, I don't know how much you'll be
22 saving, but the fact remains that these hospit
23 als that are streamlining like all corporations
7355
1 are nowadays, they will have other tasks and
2 responsibilities to perform when we here -- if
3 we pass this bill.
4 We are not providing them with
5 one single penny and you know very well that
6 with the issue of medical reimbursement and you
7 know, of course, we are not going to have a
8 budget as yet, but you know how important for
9 these hospitals Medicaid reimbursement, any
10 reimbursement, is so this is a bill whose time
11 has not come. This is the worst time to be even
12 beginning with this. So, therefore, I really,
13 Mr. -- Mr. President, do urge my colleagues to
14 vote against it.
15 Thank you.
16 ACTING PRESIDENT MAZIARZ:
17 Thanks, Senator Mendez.
18 Senator Marchi.
19 SENATOR MARCHI: I think we fail
20 to focus on one aspect. I can understand,
21 Senator, your feeling because I share it, if
22 people are in trouble, and to slam the door in
23 their face, circumstances here provide even for
7356
1 assistance where that -- where there is an
2 absence of a sponsor, or in some of the other
3 cases, but we don't -- we have no control over
4 the immigration laws of this state and to the
5 extent that a few areas in the country make
6 tremendous efforts -- and I think they're
7 laudable -- to meet human need, how can you
8 refuse need -- to assist people in serious
9 difficulty.
10 But do you realize that we are
11 penalizing people who are on welfare? They're
12 not living on champagne and caviar; they're
13 living on a very, very narrow margin. Their
14 marginal -- their existence is marginal. It's
15 also marginal because the costs of adminis
16 trating and providing for that program is
17 inflated and diluted, the dollars that are
18 available are diluted by -- by programs and
19 circumstances that are not under our control or
20 developed by us, and there are few places around
21 the country, I guess, that have that
22 circumstance.
23 So how -- how do we develop a
7357
1 consistency and a sensitivity in the federal
2 government? And this has been the truth, I
3 think, as you stated it before. No matter what
4 the administration is, they can be Democrats,
5 they can be Republicans, but they wash their
6 hands. They don't -- they just don't face up to
7 that responsibility. Yet, they have that
8 responsibility, and we don't have it and being
9 human beings, we want to meet that need, but we
10 also have to realize that there is a negative
11 impact on our -- on indigenous people here who
12 are not -- they're not wallowing in food or the
13 benevolence of the state. They're barely sub
14 sisting right now, and unless we keep an eye, as
15 Senator Padavan is directing our vision, unless
16 we do that, we're going to get more water in the
17 soup for these families, and I think if we're
18 going to restore some order and get -- and do
19 justice to the people that we have, and with the
20 responsibility -- ineluctable, it's irreversible
21 -- I think we have it and we should have it and
22 we ought to meet it in a -- in a sensitive way,
23 not in a mean-spirited way but in a sensitive
7358
1 way to human need, we're aggravating the
2 problem.
3 So I think Senator Padavan is
4 telling us here, we don't want more water in the
5 soup for people. Let's try to focus on
6 responsibility where we can. Where it's
7 impossible then, of course, relief is provided,
8 but it's a serious problem and until -- until a
9 greater sensitivity takes over in Washington and
10 I'm a little -- I'm not too optimistic about
11 that, whatever happens in any election in the
12 future, but I think we have -- the only way we
13 can dramatize that need is by taking the
14 guidance that's provided here by Senator Padavan
15 in trying to devise a policy that meets that
16 need.
17 ACTING PRESIDENT MAZIARZ: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll. )
7359
1 ACTING PRESIDENT MAZIARZ:
2 Senator Leichter.
3 SENATOR LEICHTER: If I may, to
4 explain my vote.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Leichter, to explain his vote.
7 SENATOR LEICHTER: Mr. President,
8 certainly there is a problem to some extent with
9 illegal immigration, but it's a federal matter
10 and it has to be dealt with on the federal
11 level. I think when we try to do the sort of
12 things that Senator Padavan is doing which are
13 really sort of lashing out at a problem without
14 going to the source of the problem or going to
15 the forum where the problem needs to be solved,
16 I think we end up with the sort of difficulties
17 that this bill has.
18 I think it was pointed out very
19 correctly by Senator Padavan, this is a
20 counterproductive bill. You're saying people
21 who are sick, who may be carrying diseases,
22 children who won't be immunized, we're going to
23 leave them around in our community spreading
7360
1 diseases because we're unwilling to provide the
2 help that we ought to do for our own
3 self-interest. I submit we also ought to do it
4 for humanitarian reasons. Whether these people
5 are here legally or not, they're still in our
6 communities. They still are human beings. They
7 still are entitled to basic -- to basic
8 services.
9 So, Mr. President, one, this bill
10 doesn't accomplish anything. Secondly, I think
11 it sort of brands us as immigration bashers, as
12 people who deny to children, to women, to
13 others, the services that they ought to have,
14 and certainly people don't come to this country
15 because they want to get medical health care.
16 They come to this country to try to work.
17 Now, everybody should come here
18 legally, but you're certainly not going to deter
19 people by saying you're not going to provide
20 medical services. All you're going to do is
21 place the community-at-large at risk and, as I
22 say, brand us as people who are really neglect
23 ful of our humanitarian obligations.
7361
1 Mr. President, I vote in the
2 negative.
3 ACTING PRESIDENT MAZIARZ:
4 Announce the results.
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 1314 are
7 Senators Connor, Espada, Gonzalez, Kruger,
8 Lachman, Leichter, Markowitz, Mendez,
9 Montgomery, Nanula, Oppenheimer, Paterson, Smith
10 and Waldon. Ayes 43, nays 14.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Marcellino.
13 SENATOR MARCELLINO: Announce the
14 results, please. The bill is passed?
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 SENATOR MARCELLINO: Mr.
18 President, would you please recognize Senator
19 DeFrancisco.
20 ACTING PRESIDENT MAZIARZ:
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: Yes, I'd
23 like the record to reflect that had I been in
7362
1 the chambers when Calendar Number 1060, Senate
2 Print 6269-C, was voted on yesterday, I would
3 have voted in the negative.
4 ACTING PRESIDENT MAZIARZ: The
5 record will so reflect.
6 SENATOR MARCELLINO: Would you
7 recognize Senator Sears first and then Senator
8 Gonzalez.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Sears.
11 SENATOR SEARS: Yes, would you
12 please remove the star from Calendar Number 26,
13 Senate Bill 210-D.
14 ACTING PRESIDENT MAZIARZ: Star
15 is removed.
16 Senator Gonzalez.
17 SENATOR GONZALEZ: Yes, Mr.
18 President. May I have unanimous consent to be
19 voted in the negative on 1312, Calendar Number
20 1312.
21 ACTING PRESIDENT MAZIARZ:
22 Without objection, so ordered.
23 SENATOR MARCELLINO: No
7363
1 objection.
2 ACTING PRESIDENT MAZIARZ:
3 Senator Leichter.
4 SENATOR LEICHTER: Yes. May I
5 have unanimous consent to be recorded in the
6 negative on Calendar 1102.
7 ACTING PRESIDENT MAZIARZ:
8 Without objection, so ordered.
9 Senator Nanula.
10 SENATOR NANULA: Thank you, Mr.
11 President.
12 I'd like to request unanimous
13 consent to be recorded in the negative on
14 Calendar Number 1324.
15 ACTING PRESIDENT MAZIARZ:
16 Without objection, so ordered.
17 Senator Marcellino.
18 SENATOR MARCELLINO: Could we
19 return at this time to the normal calendar.
20 ACTING PRESIDENT MAZIARZ: I'm
21 sorry. Senator Rath.
22 SENATOR RATH: Mr. President, one
23 more housekeeping item. I'd like to have the
7364
1 star removed from my bill, Calendar Number 944.
2 ACTING PRESIDENT MAZIARZ: Star
3 is removed.
4 Senator Farley.
5 SENATOR MARCELLINO: You have
6 housekeeping.
7 SENATOR FARLEY: Yes, Mr.
8 President. On page 4 I offer the following
9 amendments, on behalf of Senator LaValle, to
10 Calendar Number 22, Senate Print 3292-A, and I
11 ask that that bill retain its place on the Third
12 Reading Calendar.
13 ACTING PRESIDENT MAZIARZ:
14 Amendments received.
15 SENATOR FARLEY: On behalf of
16 Senator Goodman, Mr. President, I wish to call
17 up his bill, Senate Print 1605, which was
18 recalled from the Assembly which is now at the
19 desk.
20 ACTING PRESIDENT MAZIARZ:
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 1135, by Senator Goodman, Senate Print 1605, an
7365
1 act to amend the Vehicle and Traffic Law.
2 SENATOR FARLEY: I now move to
3 reconsider the vote by which this bill passed.
4 ACTING PRESIDENT MAZIARZ: Call
5 the role on reconsideration.
6 (The Secretary called the roll on
7 reconsideration. )
8 THE SECRETARY: Ayes 57.
9 SENATOR FARLEY: I now offer the
10 following amendments.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Farley. Amendments received.
13 SENATOR FARLEY: On behalf of
14 Senator Lack, Mr. President, I wish to call up
15 Calendar Number 1057, Assembly Print 2417-A.
16 ACTING PRESIDENT MAZIARZ:
17 Secretary will read.
18 THE SECRETARY: Calendar Number
19 1057, by member of the Assembly Robach, Assembly
20 Print 2417-A, an act to amend the Surrogate's
21 Court Procedure Act.
22 SENATOR FARLEY: I now move to
23 reconsider the vote by which this Assembly bill
7366
1 was substituted for my bill 4529-A, on 5-28.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll on
5 reconsideration. )
6 ACTING PRESIDENT MAZIARZ:
7 Senator Farley.
8 SENATOR FARLEY: I now -- I now
9 move that the Assembly Bill 2417-A be
10 recommitted to the Committee on Rules and that
11 Senator Lack's Senate bill be restored to the
12 order of Third Reading Calendar.
13 ACTING PRESIDENT MAZIARZ:
14 Assembly bill is recommitted.
15 SENATOR FARLEY: And I now offer
16 the following amendments.
17 ACTING PRESIDENT MAZIARZ:
18 Amendments received.
19 Senator Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, may we deviate for one moment and
22 move to Bill Number 1320, Calendar Number 1320.
23 ACTING PRESIDENT MAZIARZ: Clerk
7367
1 will read.
2 THE SECRETARY: Calendar Number
3 1320, by the Assembly Committee on Rules,
4 Assembly Print 7839, an act to amend the
5 Executive Law.
6 SENATOR STACHOWSKI:
7 Explanation.
8 SENATOR LAVALLE: Thank you, Mr.
9 President.
10 ACTING PRESIDENT MAZIARZ:
11 Senator LaValle, explanation has been requested
12 by Senator Stachowski.
13 SENATOR LAVALLE: Let me just
14 indicate as a preface before I explain some of
15 the provisions of the bill, one of the things
16 that or some of the things that have led to the
17 introduction of this bill that has already
18 passed the Assembly.
19 As we know, many corporations,
20 many employers, in an attempt to control health
21 insurance costs, some employers are seeking to
22 have prospective employees tested for a range of
23 genetically influenced health conditions
7368
1 including genetic predisposition to disease or
2 disability and a carrier status.
3 We are finding that tests that
4 are being developed are proceeding at an
5 extremely fast pace. The knowledge of how genes
6 produce diseases is somewhat limited and, as a
7 result, there is a limited possibility of
8 predicting whether a particular genetic
9 disposition will result in disease or disability
10 and so, what this bill sets out to -- to do, is
11 to say that under the Executive Law that
12 employers cannot directly or indirectly solicit
13 or require, administer a genetic test to a
14 person as a condition of employment or
15 pre-employment application, and this is also not
16 only for employers but also for labor
17 organization membership or for licensure, and
18 there is some exceptions narrowly carved out in
19 the bill in which an individual might request -
20 an employee might request a genetic test in
21 certain circumstances pursuant to a Workers'
22 Comp. claim or pursuant to civil litigation or
23 to determine the employee's susceptibility to
7369
1 potentially carcinogenic, toxic or other
2 hazardous chemicals.
3 It also would allow an employer
4 to require a specific genetic test as a
5 condition of employment where the test would
6 show to be directly related to an occupational
7 environment, and that is -- that's pretty much
8 -- pretty much the scope of the bill, the
9 rationale of why the bill was filed.
10 We have worked with the
11 Commission on Science and Technology in the
12 development of this legislation. Assemblyman
13 Sweeney is the sponsor in the Assembly and, as
14 I've indicated, the bill has already passed that
15 house.
16 ACTING PRESIDENT MAZIARZ: Thank
17 you, Senator.
18 Read the last section.
19 THE SECRETARY: Section 6. This
20 act -
21 ACTING PRESIDENT MAZIARZ: I'm
22 sorry. Senator Dollinger.
23 SENATOR DOLLINGER: Would the
7370
1 sponsor yield for just a couple quick
2 questions?
3 ACTING PRESIDENT MAZIARZ: Senator
4 LaValle, would you yield to a question from
5 Senator Dollinger?
6 SENATOR LAVALLE: Yes, I will.
7 ACTING PRESIDENT MAZIARZ:
8 Senator yields.
9 SENATOR DOLLINGER: Senator, I
10 apologize that I have not perhaps read the full
11 extent of this bill, but to what extent would
12 this affect the insurance that would be
13 purchased by the employer for the employee?
14 SENATOR LAVALLE: I don't think
15 it would have any effect on this.
16 SENATOR DOLLINGER: Well, just
17 again through you, Mr. President.
18 SENATOR LAVALLE: Yes.
19 SENATOR DOLLINGER: Does the bill
20 expressly prohibit the insurance carrier of the
21 employer from requesting the test after
22 employment has been arranged but prior to the
23 employee qualifying for benefit?
7371
1 SENATOR LAVALLE: I -
2 SENATOR DOLLINGER: In other
3 words, Senator, in many cases -
4 SENATOR LAVALLE: Yeah.
5 SENATOR DOLLINGER: -- you apply
6 for the job; you're asked all the pre-employment
7 questions which are all set by law or largely
8 governed by law. You're offered the job. Once
9 you take the job, then you're brought in for the
10 benefits discussion in which you actually sign
11 up for the benefits. You get your Blue Cross/
12 Blue Shield and get your pension benefits or
13 whatever else you're entitled to.
14 My question is does this prohibit
15 the insurance company after you've actually been
16 employed, from acquiring a genetic test as a
17 condition of getting employment?
18 SENATOR LAVALLE: The language in
19 the bill says that to directly or indirectly
20 solicit, require or administer a genetic test to
21 a person as a condition of employment,
22 pre-employment application, so that I would say
23 that both before you actually accept or as a
7372
1 term and condition of employment while you're
2 employed, that you can not be required to take a
3 genetic test unless the two -- the situation is
4 -- the individual requests that themselves, the
5 employee, or the employer, under the situation
6 that I described in the bill where there is an
7 environmental -- an occupational environment
8 that might lead to some sort of problem.
9 SENATOR DOLLINGER: O.K. Again
10 through you, Mr. President, to Senator LaValle,
11 I think that's the correct articulation of the
12 law, and I see exactly what you're doing.
13 SENATOR LAVALLE: Yes.
14 SENATOR DOLLINGER: You're trying
15 to say that, if you can show the genetic
16 predisposition, in essence, as a term of
17 employment, that it would be a factor in
18 determining employability. For example, if you
19 had susceptibility to iodine or some such
20 genetic predisposition and yet the job involved
21 dealing with iodine and that exposure -
22 SENATOR LAVALLE: That's correct.
23 SENATOR DOLLINGER: Then the
7373
1 genetic test would be critical to determine your
2 fitness as an employee.
3 SENATOR LAVALLE: That's
4 correct. You're right on the money.
5 SENATOR DOLLINGER: And I think
6 that's a good provision, but my position with
7 respect to the first question I asked about the
8 carrier imposing it as a condition of getting
9 benefits, it seems to me the statute doesn't
10 directly deal with that and leads to my next
11 question, through you, Mr. President.
12 The fact that the employee can
13 consent, doesn't that in most instances as a
14 practical matter, doesn't that mean that the
15 consent will actually be given, because -- and
16 Senator, again, I'm just trying to make sure I
17 fully understand it. If you take the job and
18 they then say as a condition of getting your
19 benefits you've got to consent to this test,
20 most people would say, Gee, I've finally got the
21 job, I'll give the consent, and it -- although
22 it is a voluntary consent probably under the
23 law, it's one of those consents where, if you
7374
1 don't consent, you're not going to get the job
2 and, Senator, I would add I think that's a
3 common problem with these types of issues to set
4 up a truly voluntary scheme in the employment
5 contracts when it appears as though the weight
6 of everything is pushing you toward that less
7 than pristine voluntary consent.
8 SENATOR LAVALLE: Senator, I -- I
9 suppose in the real world, as you know, where
10 there are pressures, I suppose an individual
11 might consent to something because he wants to
12 hold onto the job. However -- and we're trying
13 to balance all of these things when we -- when
14 this legislation was created. I don't know if
15 -- if it will satisfy you in the inquiry that
16 you have made, but the very last provision in
17 the bill says what the employee has to go
18 through; it's the (d) on page 4.
19 SENATOR DOLLINGER: Yeah.
20 SENATOR LAVALLE: If an employee
21 consents to genetic testing for any of the
22 aforementioned allowable reasons, he or she must
23 be given and sign an authorized authorization of
7375
1 consent form which explicitly states the
2 specific purpose, uses and limitations of the
3 genetic test and the specific traits or
4 characteristics to be tested, so I don't know if
5 that fully would satisfy where you're -- your
6 concern, and I understand your concern that
7 people, because they have a job, are then
8 pressured and say, Well, O.K., and what we try
9 to do, as you well know as an attorney, is that
10 when you go through and you put something in
11 writing, and you say to a person you understand
12 what you're signing and you go through that, it
13 then allows that person to fully consider all
14 the ramifications of what they are signing and
15 what they are authorizing and what they're
16 doing.
17 I'm not sure in the real world
18 that you could in a bill that would -- would
19 receive majority votes in both houses, be able
20 to deal with all of the possibilities and
21 potential coercion that an individual might be
22 put under. I share your concern. I don't know
23 how to deal with it as a practical matter.
7376
1 SENATOR DOLLINGER: I concur. I
2 guess I'll speak on the bill, Mr. President. I
3 appreciate my colleague's, Senator LaValle's
4 candid discussion.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Dollinger, on the bill.
7 SENATOR DOLLINGER: I agree
8 because I think, as a practical matter, trying
9 to come up with a truly voluntary situation
10 where you've got someone who's applied for a
11 job, others have been offered the job, and
12 suddenly you toss this factor in, the consent
13 may be less than willful or may be less than
14 voluntary, but it's probably as voluntary as
15 we're going to get it.
16 We have to assume that someone
17 who signs a form that says, "I know I'm doing
18 that in a voluntary fashion; I know I can refuse
19 to do it" which is, I assume, what the form of
20 the contract would say, and I have these other
21 protections and counseling and information, in
22 most cases I assume that it will be even like
23 lawyers who have been known to sign contracts as
7377
1 I signed one to have my house sided where it
2 simply said, Are you insured? I said, Yes, and
3 I assume it's probably in the contract, and it's
4 probably true of employees as a practical matter
5 here.
6 I'm going to vote for this bill,
7 Senator LaValle. I think this is a good first
8 step down the road. I think that the one thing
9 I would be concerned about and perhaps, if it
10 some day gets to conference and some day gets to
11 the second print, that the other term and
12 condition of employment should specify that the
13 person not be tested as a requirement of the
14 insurance carrier who's providing them with
15 benefits, that oftentimes in the employment
16 process, it's not a term and condition of
17 employment, it's a term and condition of
18 obtaining the benefits that you're -- that you
19 would otherwise be entitled to as an employer or
20 as an employee.
21 As you know, in many instances in
22 working families where you have both men and
23 women who have eligibility for benefits as part
7378
1 of their health insurance plan, you may find
2 that you want to select benefits from one of the
3 two employers depending on their availability
4 and their -- the extent that they assist your
5 family, and I guess I would be concerned that we
6 make it clear that the insurance company cannot
7 genetically test someone as a condition of
8 disqualifying them from getting health insurance
9 or life insurance benefits that would otherwise
10 be available as part of the benefits package
11 made available.
12 So with that in mind, I'm going
13 to vote in favor of it. I just -- I hope we
14 continue down this path, because I know I have a
15 genetic testing bill in that does some other
16 things, but I think this is a good step down the
17 road, and I hope we get down to the point where
18 we will not hold anyone's genetic make-up
19 against them as we look to making sure that
20 people have health and life insurance benefits
21 available to them as part of their employment,
22 something that's important here in New York
23 State, and we should continue.
7379
1 ACTING PRESIDENT SEWARD:
2 Secretary will read the last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect on the 90th day.
5 ACTING PRESIDENT SEWARD: Call
6 the roll.
7 (The Secretary called the roll. )
8 ACTING PRESIDENT SEWARD:
9 Announce the results.
10 THE SECRETARY: Ayes 57.
11 ACTING PRESIDENT SEWARD: The
12 bill is passed.
13 SENATOR MARCELLINO: Mr.
14 President.
15 ACTING PRESIDENT SEWARD: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Would you
18 please recognize Senator Saland, please.
19 ACTING PRESIDENT SEWARD: Senator
20 Saland.
21 SENATOR SALAND: Mr. President,
22 I'd like to remove a sponsor's star from
23 Calendar Number 1173, Senate 4060.
7380
1 ACTING PRESIDENT SEWARD: The
2 star is removed at the request of the sponsor.
3 SENATOR MARCELLINO: Mr.
4 President, at this time we'd like to announce an
5 immediate meeting of the Higher Education
6 Committee in Room 124. An immediate meeting of
7 the Higher Ed' in Room 124.
8 ACTING PRESIDENT SEWARD: The
9 Higher Education Committee will be meeting
10 immediately in Room 124 of the Capitol.
11 SENATOR MARCELLINO: Mr.
12 President, can we now go back to Calendar Number
13 1318.
14 ACTING PRESIDENT SEWARD: The
15 Secretary will read Calendar Number 1318.
16 THE SECRETARY: Calendar Number
17 1318, by Senator DeFrancisco, Senate Print 4231,
18 an act to amend the Public Health Law, in
19 relation to the establishment or incorporation
20 of hospitals by a limited liability company.
21 ACTING PRESIDENT SEWARD: Read
22 the last section.
23 SENATOR DOLLINGER: Explanation.
7381
1 ACTING PRESIDENT SEWARD: Oh,
2 explanation has been called for.
3 SENATOR DeFRANCISCO: Two years
4 ago -
5 ACTING PRESIDENT SEWARD: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Two years
8 ago, we passed the legislation which allowed
9 companies in this state to become limited
10 liability corporations, but in doing so, it
11 turned out that there was no amendment or no
12 reference to the health law and as a result a
13 determination was made by the Health Department
14 that hospitals and nursing homes could not
15 incorporate in such a fashion since they were
16 not -- that specific law was not amended.
17 I contacted the sponsor shortly
18 after I was contacted by the New York State
19 Health Facilities Association to see whether or
20 not there was a reason for the omission, and I
21 was informed that it was unintentional, that
22 there would be no objection to modifying it.
23 That was the intent, to have all included and,
7382
1 as a result, this is what this bill does: It
2 amends the health law, Public Health Law, in
3 order to allow hospitals and health care
4 facilities to become eligible or to participate
5 as a limited liability corporation.
6 SENATOR DOLLINGER: Mr.
7 President, will Senator DeFrancisco yield to a
8 couple questions?
9 ACTING PRESIDENT MAZIARZ:
10 Senator DeFrancisco, would you yield to a
11 question from Senator Dollinger?
12 SENATOR DeFRANCISCO: Yes.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Dollinger.
15 SENATOR DOLLINGER: Senator, I
16 understand the concept of limited liability
17 questions, and I think that this bill, if that's
18 all it does, I'm going to vote in favor of it.
19 My question is, does this open the door for for
20 profit ownership of hospitals and nursing homes
21 beyond what we have currently in this state?
22 SENATOR DeFRANCISCO: No, it
23 doesn't.
7383
1 SENATOR DOLLINGER: O.K. So this
2 is solely to take -- we do have proprietary
3 nursing homes that are owned by corporations.
4 This would simply take the limited liability
5 corporation, the features of that combination of
6 limited liability corporation and partnership
7 law and allow them to change their corporation
8 to get the benefits of that statute?
9 SENATOR DeFRANCISCO: Correct.
10 SENATOR DOLLINGER: But it
11 doesn't -- it is in no way intended to alter our
12 long-standing policy to allow for not-for-profit
13 ownership of hospitals and nursing homes?
14 SENATOR DeFRANCISCO: That's
15 correct.
16 SENATOR DOLLINGER: O.K. This
17 doesn't open the door to Columbia H'Care or
18 anybody else coming in and doing something that
19 we've prohibited in the past? That's my
20 concern.
21 SENATOR DeFRANCISCO: For the
22 third time, that's correct.
23 SENATOR DOLLINGER: Thank you,
7384
1 Mr. President.
2 ACTING PRESIDENT MAZIARZ: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAZIARZ: Call
7 the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 57.
10 ACTING PRESIDENT MAZIARZ: The
11 bill is passed.
12 Senator Abate.
13 SENATOR ABATE: Yes, I ask for
14 unanimous consent to be recorded in the negative
15 on Calendar Number 1314.
16 ACTING PRESIDENT MAZIARZ:
17 Without objection.
18 SENATOR ABATE: Thank you.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Gold.
21 SENATOR GOLD: Yeah, Mr.
22 President. I ask unanimous consent to be voted
23 in the negative on Calendars 1312 and 1314,
7385
1 please.
2 ACTING PRESIDENT MAZIARZ:
3 Without objection.
4 Senator Marcellino.
5 SENATOR MARCELLINO: Mr.
6 President, can we call up Bill Number 1390 at
7 this time, please.
8 ACTING PRESIDENT MAZIARZ: Clerk
9 will read.
10 THE SECRETARY: Calendar Number
11 1390, by Senator Marcellino, Senate Print Number
12 7328-A, an act to amend the Environmental
13 Conservation Law.
14 ACTING PRESIDENT MAZIARZ: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 60th day.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
7386
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, can we lay aside for the day Calendar
4 Number 1392 at the request of the sponsor.
5 1392.
6 ACTING PRESIDENT MAZIARZ:
7 Calendar Number 1392 is lied aside for the day.
8 Senator Marcellino.
9 SENATOR MARCELLINO: Can we now
10 return to the regular order of the controversial
11 calendar.
12 ACTING PRESIDENT MAZIARZ:
13 Secretary will read.
14 THE SECRETARY: Calendar Number
15 1345, by Senator DiCarlo, Senate Print 7494, an
16 act to amend the Public Authorities Law, in
17 relation to providing reduced rate tokens.
18 SENATOR STACHOWSKI:
19 Explanation.
20 ACTING PRESIDENT MAZIARZ:
21 Senator DiCarlo, an explanation has been
22 requested by the Acting Minority Leader, Senator
23 Stachowski.
7387
1 SENATOR DiCARLO: Thank you, Mr.
2 President.
3 This bill would require the
4 Triborough Bridge and Tunnel Authority to offer
5 to residents of the great county of Kings, the
6 borough of Brooklyn, tokens for use on the
7 Verrazano-Narrows Bridge at a 20 percent
8 discount.
9 For a number of years now, the
10 residents of half of my district in Staten
11 Island, who have been saddled along with my
12 Brooklyn residents with a toll on a bridge that
13 connects both ends of my district and two
14 boroughs in the city of New York, the residents
15 of Staten Island have fought successfully and
16 gotten that 20 percent discount.
17 For too many years, the residents
18 of Kings County, Brooklyn, New York have been
19 saddled with an exorbitant toll on the
20 Verrazano-Narrows Bridge. These are two
21 communities and two boroughs that are very much
22 similar and there isn't a person in my community
23 in Brooklyn that doesn't have a friend or a
7388
1 relative on the other side of the Verrazano
2 Bridge in Staten Island.
3 The toll right now is $7 for non
4 Staten Island residents, $7 to go visit your
5 grandchild, $7 to go visit your parent, and
6 that's a situation we do have in Brooklyn and
7 Staten Island as families that are on either
8 side of the bridge. What we, in Brooklyn, are
9 looking for is some equity and that would mean
10 giving us in Brooklyn the same discount that
11 Staten Island residents have, and that is a 20
12 percent discount on the toll.
13 We also have, and if this goes
14 into effect, 20 percent discount would bring the
15 toll to $5 instead of $7. We also have had two
16 surcharges on the toll on the Verrazano Bridge
17 for a dollar each for a total of $2. Under my
18 legislation, that $2 surcharge would be
19 eliminated for residents of Brooklyn, bringing
20 the toll down to $4, and if the residents in
21 Brooklyn use the E-ZPass, as do residents of
22 Staten Island, the toll will go from $7 for
23 Brooklyn residents to the $3.20 that Staten
7389
1 Island residents now enjoy.
2 For those reasons, I would urge
3 the passage of this legislation.
4 ACTING PRESIDENT MAZIARZ: Read
5 the last section.
6 Senator Paterson.
7 SENATOR PATERSON: Mr. President,
8 if Senator DiCarlo would yield for a question.
9 ACTING PRESIDENT MAZIARZ:
10 Senator DiCarlo, would you yield for a question
11 from Senator Paterson?
12 SENATOR DiCARLO: Certainly.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Paterson.
15 SENATOR PATERSON: I'm just
16 wondering what the cost -- what the fiscal
17 impact really would be if we're going to do this
18 for Brooklyn residents -
19 SENATOR DiCARLO: There would
20 be -
21 SENATOR PATERSON: -- to use the
22 TBTA.
23 SENATOR DiCARLO: There would be
7390
1 no impact on the state or the city of New York.
2 There would be an impact on the TBTA. We're not
3 sure what that would be, but I would argue that
4 if we lowered the toll for residents of Kings
5 County, that more grandmothers and grandfathers
6 and children would visit their relatives because
7 they can't do that now because of the $7 toll
8 and I don't know whether there would be any
9 negative impact on the TBTA.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 I'm sorry, Senator Gold.
13 SENATOR GOLD: Yeah. Senator
14 DiCarlo, I just got a call from -
15 ACTING PRESIDENT MAZIARZ:
16 Senator DiCarlo, will you yield for a question?
17 SENATOR DiCARLO: Senator Gold,
18 absolutely.
19 SENATOR GOLD: Yeah, you're
20 right. I just got a call from a delightful
21 Italian lady. I heard Pavarotti singing in the
22 background, and she lives in Queens and says
23 that she's got grandchildren in Staten Island
7391
1 and wants to know whether or not she's going to
2 have to pay any more than anybody else to go
3 visit her grandchildren.
4 SENATOR DiCARLO: I think they
5 should look towards their Queens representatives
6 to introduce their legislation so that the
7 grandmother in Queens might not have to pay this
8 exorbitant toll also.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Gold.
11 SENATOR GOLD: I'm stunned by the
12 answer.
13 ACTING PRESIDENT MAZIARZ: I
14 could see that, Senator.
15 Read 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 SENATOR GOLD: Mr. President.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Gold, on the bill.
7392
1 SENATOR GOLD: No, just want to
2 explain my vote.
3 ACTING PRESIDENT MAZIARZ: I'm
4 sorry. Senator Gold, to explain his vote.
5 SENATOR GOLD: Just explain,
6 yeah.
7 Mr. President, I understand very
8 well where Senator DiCarlo is coming from and I
9 respect that. I really do. I just think that
10 when it comes to bills like this, I mean we need
11 a plan and it may be that every once in a while
12 something sneaks through the cracks, but we
13 really got to have a plan. We have people in
14 Queens who are running back and forth to the
15 Bronx every day, and the Bronx to Queens and
16 from Queens to Manhattan and very few people in
17 Manhattan come to Queens, unfortunately, but the
18 point is that it just ought to be part of a
19 plan, and I respect that there's politics
20 involved and, Senator DiCarlo, I respect your
21 concern for your constituents, but until we have
22 an overall plan that makes some sense for the
23 region, I would vote no.
7393
1 ACTING PRESIDENT MAZIARZ:
2 Senator Abate to explain her vote.
3 SENATOR ABATE: Yeah, I would
4 just like to explain my vote.
5 For what was just cited by
6 Senator Gold, I obviously am concerned. We all
7 care about the residents of Brooklyn. We want
8 them to be able to visit their relatives, but
9 that same argument could also apply to residents
10 of other boroughs and traveling to Staten Island
11 and so I -- I agree that maybe there is a way to
12 produce some remedies, but we need to look at
13 the revenue loss and the cost and do it in an
14 equitable way that just does not favor one part
15 of New York City at the expense of the other.
16 Perhaps we can look at it regionally, as Senator
17 Gold said, and maybe do it -- maybe it's
18 possible, maybe we're not talking about an
19 enormous revenue loss, but to do it piecemeal, I
20 do not think will benefit our mass transit
21 system or our travel to and from the borough, so
22 I can not support this bill today, and I look
23 forward to your leadership for a proposal that
7394
1 would affect the City as a whole.
2 ACTING PRESIDENT MAZIARZ:
3 Senator DiCarlo, to explain his vote.
4 SENATOR DiCARLO: Thank you, Mr.
5 President. To explain my vote.
6 The Verrazano-Narrows Bridge, so
7 that everybody from outside the City understands
8 this, does not connect New Jersey to New York
9 City, does not connect Connecticut to New York
10 City. This connects one part of New York City
11 to another part of New York City.
12 I don't believe there are any
13 tolls connecting Manhattan to Brooklyn. I don't
14 believe there are any tolls connecting Manhattan
15 to the Bronx, or at least there is a way to get
16 from Manhattan to the Bronx without having to
17 pay a toll on a bridge. We make exceptions for,
18 I believe, some of the Rockaway crossings for
19 Queens residents already. There is no exception
20 for Brooklyn residents to get to Staten Island.
21 There are exceptions for Staten Island residents
22 to come into Brooklyn, but not the other way
23 around.
7395
1 I don't believe that we should be
2 paying tolls to get over from one end of New
3 York City to the other end of New York City.
4 This is not a bridge that connects another state
5 to New York but one borough to the next, one
6 community to the next, and I would be happy to
7 support legislation by Senator Gold to eliminate
8 also the toll for Queens residents to Staten
9 Island, but this legislation, I think we have to
10 start with making some equity between Brooklyn
11 and Staten Island in terms of the tolls.
12 So I would vote in the
13 affirmative.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Onorato.
16 SENATOR ONORATO: Yes, to explain
17 my vote.
18 ACTING PRESIDENT MAZIARZ:
19 Senator Onorato, to explain his vote.
20 SENATOR ONORATO: I feel that the
21 intentions of Senator DiCarlo are very honorable
22 but my county is most heavily impacted by the
23 amount of tolls that we have to pay to travel
7396
1 from Queens to Manhattan, to the Bronx, or into
2 Rockaway. I live in Queens, and I have
3 relatives in the Rockaways and I have to pay a
4 fare to see my grandchildren who used to live in
5 the Rockaways every day.
6 If I want to take the Queens
7 Midtown Tunnel to Manhattan, which is close to
8 my home, or the Triboro Bridge or the Throgs
9 Neck or the Bronx Whitestone Bridge, I have to
10 pay full fare. I never got a break from anybody
11 and, if we're going to eliminate any particular
12 segment of the City, I think we should make it a
13 balanced ball field or perhaps all of the
14 residents of the city of New York should be
15 entitled to a discounted fare on all tolls in
16 and out of the metropolitan area and, if you
17 brought forth such a bill, I would be very happy
18 to co-sponsor it and vote for that bill, but
19 under -- until that time comes, I will vote no
20 on this one.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Dollinger, to explain his vote.
23 SENATOR DOLLINGER: Mr.
7397
1 President, I'm a (unintelligible), I represent a
2 district a long way from Staten Island, and I
3 guess I'm always astounded that people who say
4 that they live on islands choose to live on
5 islands, whether it's Grand Island in the middle
6 of the Niagara River, or Manhattan island in the
7 middle of the Hudson, or Staten Island which is,
8 I guess, at the confluence of the ocean and the
9 Hudson, that everybody would say, I want to live
10 there but I don't want to have to pay for the
11 bridge or the ferry that gets me there, but
12 Senator DiCarlo has got me convinced. If this
13 is going to produce more cars in Staten Island
14 because more people will be using the bridge,
15 and more pollution, more parking problems and
16 more emission problems on Staten Island, and the
17 man who represents it wants all those things to
18 happen, good enough for me.
19 ACTING PRESIDENT MAZIARZ:
20 Announce the results.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1345: Senators
23 Abate, Gold, Nanula, Onorato, Paterson and
7398
1 Stachowski. Ayes 51, nays 6.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1362, by Senator Hoblock, Senate Print 2278, an
6 act to amend the Labor Law, in relation to
7 excluding from an employer's experience rating
8 charge, voluntary separation from last
9 employment.
10 SENATOR STACHOWSKI:
11 Explanation.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Hoblock, an explanation has been
14 requested for Calendar Number 1362 by the Acting
15 Minority Leader, Senator Stachowski.
16 SENATOR HOBLOCK: Mr. President,
17 this bill amends the Labor Law having to do with
18 the payment of unemployment insurance benefits
19 and the charge for the payment of those
20 benefits.
21 This bill provides that, if a
22 claimant is leaving employment to follow his or
23 her spouse to another locality, and is otherwise
7399
1 eligible for unemployment insurance benefits,
2 then the charge for that benefit will not be to
3 the employer's account or the actuary for the
4 computation of the employer's account, but
5 rather will be charged to the general account
6 and be spread.
7 This is a social policy change to
8 encourage the continuance of the family unit and
9 to permit and ease the relocation of employees
10 and not to have one particular employer be
11 penalized for that.
12 SENATOR STACHOWSKI: Mr.
13 President.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Stachowski.
16 SENATOR STACHOWSKI: Would
17 Senator Hoblock yield for a couple of questions,
18 please?
19 ACTING PRESIDENT MAZIARZ:
20 Senator Hoblock, would you yield for a question
21 from Senator Stachowski?
22 SENATOR HOBLOCK: Sure.
23 ACTING PRESIDENT MAZIARZ:
7400
1 Senator Stachowski.
2 SENATOR STACHOWSKI: Senator, as
3 I understand the point of your bill and how it's
4 going to help those companies that are going to
5 allow the spouses to relocate, but won't this be
6 since it's charged to the general account, won't
7 this be a new expense to other companies that
8 are doing business in New York?
9 SENATOR HOBLOCK: Well, the
10 expense is there and it's a question of whether
11 one employer should pay it or it be spread out
12 through the general account which, who knows
13 what it would be, but it would certainly be at a
14 very minimum if spread out across the state.
15 SENATOR STACHOWSKI: Would the
16 Senator continue to yield?
17 ACTING PRESIDENT MAZIARZ:
18 Senator Hoblock, would you continue to yield to
19 a question from Senator Stachowski?
20 SENATOR HOBLOCK: Yes.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Stachowski.
23 SENATOR STACHOWSKI: Senator, are
7401
1 you aware that the AFL-CIO has a memo that
2 opposes this particular bill?
3 SENATOR HOBLOCK: Has a memo
4 what?
5 SENATOR STACHOWSKI: It's on the
6 opposition memo, and it's one of the bills they
7 oppose.
8 SENATOR HOBLOCK: No, I haven't
9 got that memo.
10 SENATOR STACHOWSKI: And if
11 Senator Hoblock would continue to yield for one
12 more question?
13 ACTING PRESIDENT MAZIARZ:
14 Senator Hoblock, do you continue to yield?
15 SENATOR HOBLOCK: Yes.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Stachowski.
18 SENATOR STACHOWSKI: The last
19 question is, I don't understand why we're doing
20 this bill because later, on this very calendar,
21 Calendar Number 1388 eliminates this right in
22 the first place in the whole system. We have a
23 bill coming up later this afternoon that's on
7402
1 the lay aside that eliminates this very right of
2 a spouse to get unemployment benefits because
3 their spouse has been relocated; so why would we
4 bother doing this bill?
5 SENATOR HOBLOCK: The bill you
6 just referred to is being laid aside for the day
7 and we'll be talking about it but, in answer to
8 your question as to why the bill, Bill, this is
9 a carry-over from my predecessor, your good
10 friend, Howard Nolan, who carried it for quite a
11 while, and the Assembly sponsor being Ron
12 Canestrari, and I picked it up from Senator
13 Nolan.
14 SENATOR STACHOWSKI: On the
15 bill.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Stachowski, on the bill.
18 SENATOR STACHOWSKI: I don't have
19 a problem with this bill. I think that the
20 policy is a good policy, and that's why in 1987
21 when we established it to put the keeping of the
22 family together above the little expense for
23 unemployment benefits for a worker, I thought it
7403
1 was a great idea then. I think it's still a
2 great idea now, and I like this bill.
3 The only reason I asked the
4 questions on it was because we have another bill
5 that says we're going to get rid of that policy
6 because it's an added expense to doing business
7 in New York State, which I find kind of
8 peculiar.
9 So I'm for the bill. I hope we
10 support the bill, and we'll deal with the other
11 bill when it comes up.
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 57.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 1363, by Senator Velella, Senate Print 2586, an
7404
1 act to amend Chapter 576 of the Laws of 1975.
2 SENATOR STACHOWSKI:
3 Explanation.
4 ACTING PRESIDENT MAZIARZ: Senator
5 Marcellino.
6 SENATOR MARCELLINO: Yes, Mr.
7 President. We're looking for the sponsor, if
8 you would hold for two seconds. He's on his way
9 in now. That is the sponsor, the breathless
10 one.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Velella.
13 SENATOR VELELLA: Yes.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Velella, an explanation has been
16 requested by Senator Stachowski of Calendar
17 Number 1363.
18 SENATOR VELELLA: Yes. This bill
19 would add some medical schools -- the following
20 medical schools, University of Padua, Royal
21 College of Surgeons in Dublin, Ireland, St.
22 Georges School of Medicine in Granada to the
23 list of schools which the Commissioner is
7405
1 authorized to contract with in order to provide
2 New York State residents opportunities to study
3 medicine or dentistry in other schools outside
4 of the United States.
5 SENATOR STACHOWSKI: Mr.
6 President, would the sponsor yield for a
7 question?
8 SENATOR VELELLA: Yes.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Velella, would you yield for a question
11 from Senator Stachowski? Senator yields.
12 Senator Stachowski.
13 SENATOR STACHOWSKI: The question
14 I have is, in a year when the policy seems to be
15 cut back on support for graduate medical
16 students, why are we extending this provision
17 that enlarges the possibility for graduate
18 medical students?
19 SENATOR VELELLA: Well, what
20 we're doing is, hopefully, we're getting ready
21 for the bounce back from the years that we've
22 had of mismanagement, that new management in
23 this state will recreate the great vibrant
7406
1 society that we need, and we'll be ready to have
2 these students enrolled in schools throughout
3 the world where they can garner the best medical
4 knowledge available, and we'll be able to
5 support them once we've got the policies of the
6 past eliminated.
7 SENATOR STACHOWSKI: Mr.
8 President.
9 ACTING PRESIDENT MAZIARZ:
10 Senator Stachowski.
11 SENATOR STACHOWSKI: Maybe I
12 wasn't quite clear on that. I don't believe
13 that past policies have anything to do with the
14 current administration's position that New York
15 spends too much money on educating doctors for
16 every other place in the country, and that's
17 what the position is in all the discussions over
18 NYPHRM's replacement or continuation of NYPHRM
19 or what would or would not be in, so with the
20 administration having a position like that, I
21 was just wondering if this is your position in
22 answer to the administration's position or is
23 this a part of the administration's position?
7407
1 SENATOR VELELLA: Let me clarify
2 that, in all seriousness. This program has not
3 been funded for several years now. However, we
4 are hopeful merely meeting with several of the
5 people involved in this legislation that this
6 may become available in the future as we face
7 the problems.
8 There is no money being
9 appropriated here. What we want to do is make
10 these three schools eligible to be on a par with
11 the schools that have this opportunity in the
12 past, so it would open the door for them. There
13 is no money flowing and, yes, we are talking
14 about major changes in graduate medical
15 education, new concepts, new ideas.
16 We'd like to have these three
17 schools ready in the event that part of that
18 change incorporates education abroad, that they
19 would be qualified to fit into the program.
20 SENATOR STACHOWSKI: Do you think
21 there will be any openings for anybody to sit
22 and, like, make sure the students are coming in
23 so you could spend the time on that island?
7408
1 SENATOR VELELLA: I'm sorry?
2 SENATOR STACHOWSKI: Do you know
3 if there's any openings for people that could be
4 hired to make sure that New York State students
5 were being treated right, so that that person
6 being hired would then have to spend at least
7 six months a year on this island?
8 SENATOR VELELLA: Well, let's
9 say, sir, if there were some people who were
10 interested in changing their careers, that could
11 be arranged.
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 ACTING PRESIDENT MAZIARZ:
20 Announce the results.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 1363: Senators
23 Connor, Gold, Holland, Onorato, Paterson,
7409
1 Skelos, Smith and Stachowski. Ayes, nays 8.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1373, by Senator Present, Senate Print 5908, an
6 act to amend the Penal Law.
7 SENATOR STACHOWSKI:
8 Explanation.
9 ACTING PRESIDENT MAZIARZ: Read
10 the last -- Senator Present, an explanation has
11 been requested by Senator Stachowski, the Acting
12 Minority Leader.
13 SENATOR PRESENT: Mr. President,
14 this changes the definition of an antique slot
15 machine. It will be antique if it's 25 years
16 old or older. The current law says it's
17 manufactured prior to 1941.
18 SENATOR PATERSON: Mr.
19 President -
20 ACTING PRESIDENT MAZIARZ:
21 Senator Paterson.
22 SENATOR PATERSON: Mr. President,
23 if Senator Present would yield for a question.
7410
1 ACTING PRESIDENT MAZIARZ:
2 Senator Present, would you yield for a question
3 from Senator Paterson?
4 SENATOR PRESENT: Yes.
5 SENATOR PATERSON: Senator, what
6 would entail -- what would be the ramifications
7 of changing 25-year-old slot machines to an
8 antique designation? Will this in any way
9 change the manner in which they're used, the
10 places in which they're used; in other words, is
11 there any way that these machines could be used
12 for any purposes right now that we don't have a
13 legal standing to have?
14 SENATOR PRESENT: No, it will not
15 change their use. They cannot be used for
16 gambling, just to put this on a par with other
17 states. Apparently there is great traffic among
18 antique collectors for these types of machines
19 and in 19 other states they define antique slot
20 machine as older than 20 to 30 years; four
21 states, New York, New Jersey, Pennsylvania,
22 South Dakota define it as pre-1941; 14 states
23 allow collectors to have any machine; seven
7411
1 states prohibit any machine.
2 This just increases the value and
3 the traffic among antique dealers of slot
4 machines.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Paterson.
7 SENATOR PATERSON: That's quite
8 satisfactory, Mr. President. Thanks, Senator
9 Present.
10 ACTING PRESIDENT MAZIARZ: Thank
11 you.
12 Read the last section.
13 SENATOR GOLD: Mr. President.
14 ACTING PRESIDENT MAZIARZ:
15 Senator Gold.
16 SENATOR GOLD: Senator Present
17 yield for a question?
18 ACTING PRESIDENT MAZIARZ:
19 Senator Present, would you yield for a question
20 from Senator Gold, please?
21 SENATOR GOLD: Senator, I don't
22 really have the whole statute here. I don't
23 even have a memo, but does the statute define
7412
1 what a slot machine is?
2 SENATOR PRESENT: I don't believe
3 so.
4 SENATOR GOLD: Well, Senator, if
5 you yield to one more question. I don't -
6 SENATOR PRESENT: Maybe some
7 other section does define it.
8 SENATOR GOLD: Well, Senator, let
9 me get to my point. I can understand that
10 gambling is illegal in the state and if anybody
11 is running a gambling establishment they're
12 violating the law, but if you were to go to many
13 legitimate -- and I use that word in its fullest
14 meaning -- stores, tobacco stores, other kind of
15 stores, you see items which are slot machines.
16 They're meant to be -- "toys" is a bad word, but
17 people have them in their house and you put in a
18 quarter or you don't put in a quarter, but
19 obviously they are mechanically in any way set
20 up to be worked 24 hours a day as a gambling
21 device, but it seems to me that while nobody
22 bothers these people -- and I would hope not,
23 that maybe that is, in fact, a violation of
7413
1 law.
2 I have been to homes where people
3 have in their den a slot machine. They don't
4 run gambling enterprises. They aren't eligible
5 for Gamblers Anonymous. It's just an
6 interesting thing and their grandchildren come
7 over and throw quarters in and it comes out or
8 it doesn't come out. Why in this day and age
9 are we worried about people having slot machines
10 if they -- if it is already, in fact, against
11 the law to run gambling operations, and that I
12 wouldn't argue? Why are we worried about slot
13 machines to begin with?
14 SENATOR PRESENT: I think the
15 only reason we're worried about it because under
16 existing statute, a machine that's manufactured
17 after 1921 would not qualify as an antique and
18 you couldn't hold it, you couldn't possess it.
19 SENATOR GOLD: Well, let me ask
20 you one more pointed question. Are the stores
21 throughout this state which sell these miniature
22 slot machines but which operate as a slot
23 machine, are they, in fact, now in violation of
7414
1 the law?
2 SENATOR PRESENT: I don't know,
3 Senator.
4 SENATOR GOLD: Well, Senator, I'm
5 not going to vote against your bill, but it may
6 be something you want to look at but I'll bet
7 you that, if this is the really the law in this
8 state, and I'm sure it is because we're amending
9 it, somebody wants to throw a bounty, ten bucks
10 a store, you and I could make a fortune running
11 around the state because they sell these in all
12 of the stores and that's why I asked if there
13 was a definition as to whether or not it has to
14 be a certain size, whether it's got to be
15 capable that it works, but if you're just
16 talking about a machine where you put in
17 quarters or dimes and it kicks out money, I'm
18 telling you, they sell these all over the
19 state.
20 ACTING PRESIDENT MAZIARZ: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 1st day of
7415
1 November.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll. )
5 ACTING PRESIDENT MAZIARZ:
6 Announce the results.
7 THE SECRETARY: Ayes 57.
8 ACTING PRESIDENT MAZIARZ: The
9 bill is passed.
10 SENATOR LEICHTER: Mr.
11 President.
12 ACTING PRESIDENT MAZIARZ:
13 Senator Leichter.
14 SENATOR LEICHTER: Yes, Mr.
15 President. I was at a meeting of the Higher
16 Education Committee and was out of the chamber
17 when two bills were voted on. I request
18 permission to be recorded in the negative on
19 Calendars 1345 and 1353, please.
20 ACTING PRESIDENT MAZIARZ:
21 Without objection.
22 SENATOR LEICHTER: Thank you.
23 THE SECRETARY: Calendar Number
7416
1 1375.
2 ACTING PRESIDENT MAZIARZ:
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 1375, by Senator DeFrancisco, Senate Print
6 6185-A, an act to amend the Parks, Recreation
7 and Historic Preservation Law, in relation to
8 the powers of the Commissioner of Parks.
9 SENATOR PATERSON: Explanation.
10 ACTING PRESIDENT MAZIARZ:
11 Senator DeFrancisco, an explanation has been
12 requested by the Acting Minority Leader, Senator
13 Paterson.
14 SENATOR DeFRANCISCO: This bill
15 would amend the Parks, Recreation and Historic
16 Preservation Law to allow the Commissioner of
17 Parks to enter license agreements for up to 49
18 years, the theory being that substantial capital
19 investment is needed in order for certain
20 facilities that are presently in the parks to be
21 upgraded and, in order to attract that private
22 investment, they would need to have the
23 authority to extend the amount of time when that
7417
1 investment can be recouped.
2 Presently the Office of Parks has
3 about a $267 million capital budget, and it has
4 about one billion dollars in infrastructure
5 needs, so this is one way to deal with the
6 infrastructure needs of parks by providing
7 longer leases to incentivize private
8 corporations to invest capital dollars in our
9 parks.
10 ACTING PRESIDENT MAZIARZ: Read
11 -- I'm sorry. Senator Oppenheimer.
12 SENATOR OPPENHEIMER: I
13 understand what you're trying to do, Senator
14 DeFrancisco.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Oppenheimer, are you asking Senator
17 DeFrancisco to yield for a question?
18 SENATOR OPPENHEIMER: Actually I
19 think I'll just talk on the bill.
20 ACTING PRESIDENT MAZIARZ:
21 Senator Oppenheimer, on the bill.
22 SENATOR OPPENHEIMER: Because I
23 do understand that we have deteriorating park
7418
1 structures, and I'd like to present the other
2 side of this, though.
3 We could potentially be opening
4 the door to inappropriate private development in
5 that we are allowing the development of any
6 facility, which historically has not been the
7 case. It has been concessions in the past, and
8 with very few exceptions, the current law does
9 not permit the development of facilities in our
10 parks other than the provision for capital im
11 provements to these concessions, as I mentioned
12 earlier, and by then it's -- and at that point
13 it's only by a license agreement which would not
14 exceed 20 years and this goes up to 49 years
15 which is more than double the number of years
16 which is presently permitted.
17 There are other examples within
18 major agencies which point to the fact that we
19 would probably not need this kind of doubling of
20 the length of time of the contract. The
21 National Park Service limits its license term -
22 terms throughout the country to just 10 to 15
23 years, and they have very major, major hotels in
7419
1 these parks and they're on a much more limited
2 arrangement.
3 The -- our New York State
4 Department of Transportation limited the initial
5 lease of the Chelsea Piers in Manhattan on the
6 waterfront. That was limited to 10 years with
7 another 10-year option and there the developer
8 invested multiple millions of dollars, tens of
9 millions. I think that very often these
10 long-term leases will lock the public into a
11 potentially untenable arrangement with changes
12 in public opinion and public acceptance and,
13 therefore, I think this -- the length of time is
14 just to -- to more than double the amount of
15 time of our present leases, it seems to me to be
16 unreasonable and if incompetent management came
17 in during that period of time or if the lease
18 was given to another person -- another
19 organization who wasn't -- which weren't doing
20 the kind of job that the first group did, how
21 would we get rid of the incompetent management?
22 And lastly, I would say that the
23 lack of opportunity for public input or any -
7420
1 any community input would have to be rectified.
2 Right now, only the A-G and the Comptroller can
3 comment and they can only comment on the legal
4 and the fiscal aspects.
5 So I think there has to be an
6 opportunity for the community to -- to be
7 heard. So those are my major objectives -
8 objections to this bill, and I think there would
9 have to be definite rules and regulations
10 written in so that there would be a guidelines
11 and, in promulgating those regulations, I would
12 suggest we look at, number one, commercial
13 ization. We don't want a lot of advertising
14 going on in our historic sites.
15 We would look at the
16 environmental alterations. I think that should
17 be part of the rules and regulations. We, for
18 instance, wouldn't want commercial logging in
19 Allegheny State Park. I mean there's an
20 instance, and I think we also have to put in
21 some measure of local participation where the
22 community will have an opportunity to be heard.
23 So I mention these to you. I am
7421
1 going to request that those who feel as I do
2 vote in opposition to this bill, but I would
3 hope that by taking into account some of these
4 suggestions, that we could have a more
5 appropriate, a finer bill in the future.
6 ACTING PRESIDENT MAZIARZ: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MAZIARZ: Call
11 the roll.
12 (The Secretary called the roll. )
13 ACTING PRESIDENT MAZIARZ:
14 Senator DeFrancisco.
15 SENATOR DeFRANCISCO: Like to
16 explain my vote.
17 ACTING PRESIDENT MAZIARZ:
18 Senator DeFrancisco to explain his vote.
19 SENATOR DeFRANCISCO: Just in
20 response to a couple of points that were made by
21 Senator Oppenheimer. If there was incompetent
22 management, we would be in the situation to
23 enforce whatever the provisions are in the
7422
1 license agreement. The Parks Department will,
2 of course, have provisions in the agreement
3 which would require revocation or some
4 modification of the license in the event that
5 there was incompetent management and it was run
6 down.
7 The problem that we have is that
8 there are historic sites, buildings such as
9 Minturn Mansion and the Beaver Island Casino
10 which are in danger of being lost at this point
11 in time and since we have not put the dollars in
12 that we need to save these structures, this is
13 the next best thing, and lastly, I also had some
14 concerns about the period of time, and it was at
15 my suggestion that the sliding scale of the
16 amounts of investments that would have to be
17 made before you go into that next section was
18 changed by the bill that originally came down
19 from Parks and Recreation, so that there would
20 have to be increased investment as you carry out
21 the licenses over a greater period of time.
22 So I'll vote yes.
23 ACTING PRESIDENT MAZIARZ:
7423
1 Senator Stafford.
2 SENATOR STAFFORD: Mr. President,
3 are we explaining our vote? Yes?
4 ACTING PRESIDENT MAZIARZ: Yes,
5 we are, Senator. Senator Stafford to explain
6 his vote.
7 SENATOR STAFFORD: First time
8 I've explained my vote in 31 years.
9 SENATOR GOLD: Is that right?
10 ACTING PRESIDENT MAZIARZ: We can
11 hardly wait.
12 SENATOR STAFFORD: What did he
13 say? You sit down. People have got in trouble
14 standing up.
15 SENATOR OPPENHEIMER: Boooo!
16 SENATOR STAFFORD: Now -- oh,
17 come on!
18 Mr. President, this has nothing
19 to do with the distinguished Senator from
20 Westchester who so very, very effectively was a
21 protagonist the wrong way. This situation is
22 such that, if we're going to get our parks back
23 in shape, have them used and also -- also make
7424
1 sure that we have a viable economy in all areas
2 of the state, we're going to have to take some
3 of these steps.
4 Comparing us to the -- comparing
5 us to the national parks, that is all a
6 completely different situation, and I just can't
7 help but say that our policy for the state park,
8 both in the Adirondacks and in the Catskills is
9 the laughing stock of the National Park
10 Service. I just have to mention that. I hate
11 to, but for those who are professionals in the
12 forestry field, so please be sensible.
13 I compliment Senator DeFrancisco
14 for this very sensible piece of legislation. I
15 compliment the administration for trying to get
16 the parks back in line. We're behind. All you
17 have to do is go around to some of these parks
18 both in upstate, Southern Tier, Long Island,
19 anywhere, and if we don't get some private
20 funding here, then we're just going to continue
21 to go down the path the wrong way.
22 SENATOR OPPENHEIMER: Explain my
23 vote.
7425
1 ACTING PRESIDENT MAZIARZ:
2 Senator, I'm sorry. Senator Stachowski was
3 next.
4 Senator Stachowski is yielding to
5 Senator Oppenheimer.
6 Senator Oppenheimer.
7 SENATOR OPPENHEIMER: I explain
8 my vote, please.
9 Well, I think in response to our
10 illustrious chair of the Finance Committee,
11 Senator Stafford -- Senator Stafford, in
12 response to you, I have to say on behalf of
13 Senator Maziarz and myself that it's hard enough
14 being vertically challenged and -- and we have
15 to live with it, because we never got much
16 bigger than six -- vertically challenged. Those
17 of us who are just a little over five foot -
18 SENATOR STAFFORD: Told to stand
19 up.
20 SENATOR OPPENHEIMER: We don't
21 have to be told to stand up. We are standing as
22 big as we can, so Senator Maziarz and I take
23 umbrage at the vertically challenged -
7426
1 SENATOR STAFFORD: I apologize.
2 SENATOR OPPENHEIMER: -
3 expression.
4 ACTING PRESIDENT MAZIARZ: For
5 the record, Senator, I do not take umbrage at
6 the comments of my good friend from the
7 Adirondack region.
8 SENATOR OPPENHEIMER: Let me say
9 that I concur that our parks do need a lot of
10 work and that in many cases we have crumbling
11 facilities, and I would say that perhaps
12 physically extending the -- the period of time
13 for these agreements to somewhat less than
14 doubling would -- would be appealing, and I
15 might sympathize with that, and also extending
16 it beyond just concessions, that's something
17 that I think we might also find appealing; but
18 the thing that is the most difficult for me -
19 and I cannot understand how we could move ahead
20 without this -- is there is -- are actually no
21 rules or regulations or stipulations. There is
22 nothing put forth other than the administra
23 tion's desire to -- to bring some kind of
7427
1 commercial interest into our parks.
2 I think that there is an
3 essential need to promulgate guidelines and in
4 these rules and regulations, I would suggest
5 there have to be certain issues addressed and
6 that has to be commercialization, the
7 environmental alteration and, above all, local
8 participation.
9 With those changes, with the
10 institution of these rules and regulations, I
11 think the people of the state would feel a lot
12 more protected, and so that is what I would
13 recommend; but since this bill doesn't contain
14 that, I recommend a no vote.
15 ACTING PRESIDENT MAZIARZ:
16 Senator Stachowski.
17 SENATOR STACHOWSKI: Explain my
18 vote.
19 ACTING PRESIDENT MAZIARZ:
20 Senator Stachowski to explain his vote.
21 SENATOR STACHOWSKI: Explaining
22 my vote, I happen to agree with Senator
23 DeFrancisco that the length of these contracts
7428
1 is important to attract the kind of companies
2 and bids that will help bring our parks up to
3 the level they want to be, and I might add that
4 in some of these concession contracts now, for
5 the larger areas, they expect these concession
6 aires also to develop some kind of films that
7 would be used to attract visitors, and that's
8 all built into the contract, and I think that if
9 you want to get these kind of concessionaires,
10 which obviously aren't "mom and pop" kinds, to
11 make that kind of major investment, well, then
12 you have to allow them to have enough years to
13 make the investment worthwhile.
14 I think that it's a good bill. I
15 got to believe that the Department will do the
16 best job they can to keep the integrity of the
17 park. I think if you ruin the integrity of the
18 park, then they're only defeating themselves and
19 you're not going to get the visitors anyway, so
20 I got to believe the park people are aware of
21 that, they would keep that in mind and that this
22 bill is a good idea to help us attract the kind
23 of companies and dollars that will bring our
7429
1 parks on an equal footing with everybody across
2 the country and help us increase our tourism
3 throughout the year in this state and help our
4 economics also.
5 Thank you very much. I'm going
6 to vote yes.
7 ACTING PRESIDENT MAZIARZ:
8 Senator Gold.
9 SENATOR GOLD: Thank you, Mr.
10 President.
11 Mr. President, I -- in case
12 Senator Oppenheimer and others didn't understand
13 Senator Stafford's argument, it's a simple one
14 and that is what's good for General Bull Moose
15 is good for the U.S.A., and all we have to do is
16 take care of business, and big business, and
17 we'll all be O.K.
18 Under existing law, we can deal
19 with 20 years and I -- I feel, contrary to my
20 very distinguished and beloved friend, Senator
21 Stachowski, that 20 years is a lot of time and
22 there are people who rent property, build
23 buildings and after 20 years the building goes
7430
1 to the landowner because in their economics 20
2 years is a lot of time for a business to be able
3 to make back an awful lot of money. 49 years is
4 basically half a century, and I cannot believe
5 that that is really necessary in all cases or in
6 a great majority of cases.
7 If there's a situation, I think
8 we can always deal with a situation, but the
9 concept of giving away land on a 49-year basis
10 under this kind of authority, I think, is much,
11 much too excessive, and I'm supporting my
12 colleague from Westchester, in the negative.
13 ACTING PRESIDENT MAZIARZ:
14 Announce the results.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 1375: Senators
17 Abate, Connor, Dollinger, Gold, Goodman,
18 Leibell, Leichter, Levy, Markowitz, Mendez,
19 Montgomery, Nanula, Onorato, Oppenheimer,
20 Paterson, Smith, also Senator Lachman. Also
21 Senator -- ayes 40, nays 17.
22 ACTING PRESIDENT MAZIARZ: Did
23 you get Senator Markowitz? The bill is passed.
7431
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 could we lay aside for the day Calendar Number
4 1388.
5 ACTING PRESIDENT MAZIARZ: The
6 bill is laid aside.
7 SENATOR SKELOS: Mr. President, I
8 believe the clergy is here who, there was a mix
9 up in the time and, at this time, if we could
10 have the opening-closing prayer of the day.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Skelos, we've been joined by the
13 Reverend Kenneth Rodgers, United Methodist
14 Church of Pleasantville.
15 Reverend Rodgers.
16 REVEREND KENNETH RODGERS: I
17 would like to thank Senator Oppenheimer for
18 inviting me to be with you and to deliver the
19 prayer.
20 I am sorry that you had to do all
21 this work without prayer, but it's always
22 appropriate; every time is a time for prayer.
23 So I would like for you to join me in opening
7432
1 your hearts and minds to God in prayer.
2 Eternal God, we thank You for
3 revealing to us that You are our Heavenly
4 Father, and that all persons on this earth are
5 Your children. Sometimes we have called our
6 selves Your children but lived as if we thought
7 others were not. When we forget or ignore the
8 fact that all persons are members of the family
9 of God, forgive us, we pray. If we have ignored
10 other men and women for their ignorance, or
11 denied them the means of knowledge, if we have
12 forced them to fight for what they need but
13 condemned their aggressiveness, or if we have
14 offered them no opportunities except low paying
15 jobs but complained because they were not able
16 to stay off welfare, forgive us. Cause us to
17 look within ourselves and see there all that we
18 condemn in others, for most of us can say, there
19 but for the grace of God go I.
20 Oh, God, Who daily bears the
21 burden of our life, we pray for humility as well
22 as forgiveness. As our state and country play
23 their parts in the lives of our communities,
7433
1 rural and urban, let that our nation's leaders
2 are looked upon throughout this world of ours
3 for their leadership. Help us to know that all
4 wisdom does not reside in us and that other
5 nations have the right to differ with us as to
6 what is best for them as we have a right as a
7 state to differ with the policies of other
8 states and an obligation to help set our
9 national agenda.
10 God, the Ruler of the Universe,
11 give to every nation what we seek for our own
12 country: Concern for human needs of every man,
13 woman and child; sensitivity to moral issues;
14 strength to be free and to carry the burden of
15 freedom; readiness to accept responsibility and
16 not to evade its consequences; deliverance from
17 cynicism and despair.
18 And now, for all those who serve
19 in this place of government, we pray that they
20 may go through each day's work with faithful
21 ness, strong to do justly, to love mercy and to
22 walk humbly with You.
23 Amen.
7434
1 ACTING PRESIDENT MAZIARZ: Amen.
2 Thank you, Reverend Rodgers.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 if we could return to reports of standing
6 committees, I believe there's a report of the
7 Rules Committee at the desk. I ask that it be
8 read.
9 Following the reading of the
10 Rules report, there will be a meeting of the
11 Rules Committee in Room 332 of the Capitol.
12 ACTING PRESIDENT MAZIARZ:
13 Secretary will read.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, offers up the
16 following bills directly for third reading:
17 By Senator Espada, 7491-A, an act
18 to authorize the city of New York;
19 By Senator Skelos, 2458-A, an act
20 to amend the Family Court Act, in relation to
21 orders of protection;
22 By Senator DiCarlo, Senate Print
23 2481-B, an act to amend the Executive Law;
7435
1 By Senator Spano 2629-B, an act
2 to amend the Retirement and Social Security Law;
3 By Senator Larkin, Senate Print
4 2807-A, an act to amend the Education Law;
5 By Senator Nozzolio, Senate Print
6 3982-A, an act to amend the Vehicle and Traffic
7 Law;
8 By Senator Padavan, 4754-A, an
9 act to amend the Administrative Code of the city
10 of New York;
11 By Senator Present, Senate Print
12 5484-B, an act to amend the Highway Law;
13 By Senator Paterson, Senate Print
14 5486, an act to authorize Richard J. Mason to
15 purchase retirement service credit;
16 By Senator Nozzolio, Senate Print
17 5996-A, an act to amend Chapter 530 of the Laws
18 of 1988;
19 By Senator Wright, Senate Print
20 6126-A, an act to amend the Environmental
21 Conservation Law;
22 By Senator Maltese, Senate Print
23 6135-A, an act to amend the Criminal Procedure
7436
1 Law;
2 By Senator Kuhl, Senate Print
3 6195, an act to amend the Agriculture and
4 Markets Law, in relation to making technical
5 corrections;
6 By Senator Skelos, Senate Print
7 6250-A, an act to amend the Public Service Law,
8 in relation to certain telephone company
9 actions;
10 By Senator Velella, Senate Print
11 6319-A, an act to amend the Executive Law;
12 By Senator Marchi, 6330, an act
13 to provide additional member funded service
14 credit;
15 By Senator Trunzo, 6360-A, an act
16 to amend the General Municipal Law and the
17 Retirement and Social Security Law;
18 By Senator Holland, Senate Print
19 6364-A, an act to amend Chapter 534 of the Laws
20 of 1993;
21 By Senator Kuhl, Senate Print
22 6413, an act to amend the Vehicle and Traffic
23 Law;
7437
1 By Senator Kuhl, Senate Print
2 6418-A, an act to amend the Highway Law, in
3 relation to state highways in Steuben County;
4 By Senator Kuhl, Senate Print
5 6419-A, an act to amend the Highway Law;
6 By Senator Saland, Senate Print
7 6473, an act to amend the Executive Law;
8 By Senator Holland, Senate Print
9 6490-A, an act to amend Chapter 779 of the Laws
10 of 1986;
11 By Senator Volker, Senate Print
12 6517, an act to amend the Criminal Procedure
13 Law;
14 By Senator Nozzolio, Senate Print
15 6526, an act to amend the Criminal Procedure
16 Law;
17 By Senator Wright, Senate Print
18 6739-A, an act authorizing the conveyance of
19 certain state lands;
20 By Senate Seward, Senate Print
21 6740-A, an act to amend the Vehicle and Traffic
22 Law;
23 By Senator Seward, Senate Print
7438
1 6741-A, an act to amend the Vehicle and Traffic
2 Law;
3 By Senator Volker, Senate Print
4 6780, an act to amend the Executive Law;
5 By Senator Stafford, 6814-A, an
6 act to amend the State Law and the State Finance
7 Law;
8 By Senator Trunzo, Senate Print
9 7046-A, an act authorizing the town of Islip to
10 lease certain lands;
11 By Senator LaValle, Senate Print
12 7057-A, an act to amend Chapter 741 of the Laws
13 of 1985;
14 By Senator Cook, Senate Print
15 7073-B, a act to amend the Environmental
16 Conservation Law; and
17 By Senator Farley, Senate Print
18 7086-A, an act to amend the General Municipal
19 Law.
20 All bills directly for third
21 reading.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Skelos.
7439
1 SENATOR SKELOS: Mr. President,
2 is there any housekeeping at the desk? Could we
3 return to motions and resolutions?
4 ACTING PRESIDENT MAZIARZ:
5 Senator DiCarlo.
6 SENATOR DiCARLO: Yes, Mr.
7 President. I wish to call up my bill, Print
8 Number 6107, recalled from the Assembly which is
9 at the desk.
10 ACTING PRESIDENT MAZIARZ:
11 Secretary will read.
12 THE SECRETARY: By Senator
13 DiCarlo, Senate Print 6107, an act to amend the
14 Executive Law.
15 SENATOR DiCARLO: Mr. President,
16 I now move to reconsider the vote by which this
17 bill was passed.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration. )
22 THE SECRETARY: Ayes 57.
23 ACTING PRESIDENT DiCARLO: Senator
7440
1 DiCarlo.
2 SENATOR DiCARLO: I now offer the
3 following amendments.
4 ACTING PRESIDENT MAZIARZ:
5 Amendments received.
6 Senator DiCarlo.
7 SENATOR Dicarlo: Mr. President,
8 on your behalf, on page 31, I offer the
9 following amendments to Calendar 1069, Senate
10 Print 7432, and ask that said bill retain its
11 place on Third Reading Calendar.
12 ACTING PRESIDENT MAZIARZ:
13 Amendments received.
14 Senator Hoblock.
15 SENATOR HOBLOCK: Mr. President,
16 I request unanimous consent to be recorded in
17 the negative on Calendar Number 1375.
18 ACTING PRESIDENT MAZIARZ:
19 Without objection.
20 Senator Padavan.
21 SENATOR PADAVAN: Thank you, Mr.
22 President. 1375 wish to be recorded in the
23 negative.
7441
1 ACTING PRESIDENT MAZIARZ:
2 Without objection.
3 Senator Spano.
4 SENATOR SPANO: Yes, on behalf of
5 Senator Saland, page 6, I offer the following
6 amendments to Calendar 258, Senate Print 2457-A,
7 and ask the bill retain its place on Third
8 Reading Calendar.
9 ACTING PRESIDENT MAZIARZ:
10 Amendments received.
11 Senator Sears.
12 SENATOR SEARS: Mr. President, on
13 page 12, I offer the following amendments to
14 Calendar Number 545, Senate Print Number
15 4904-A.
16 ACTING PRESIDENT MAZIARZ:
17 Amendments received.
18 SENATOR SEARS: I ask the bill
19 retain its place on the Third Reading Calendar.
20 ACTING PRESIDENT MAZIARZ:
21 Amendments received.
22 SENATOR SEARS: Also, Mr.
23 President, on page 27, I offer the following
7442
1 amendments to Calendar Number 999, Senate Print
2 Number 7094-A, and ask that the said bill retain
3 its place on the Third Reading Calendar.
4 ACTING PRESIDENT MAZIARZ:
5 Amendments received.
6 Senator Farley.
7 SENATOR FARLEY: Mr. President, I
8 wish to call up my bill, Senate Print 1378,
9 which is recalled from the Assembly which is now
10 at the desk.
11 ACTING PRESIDENT MAZIARZ:
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Farley, Senate Bill 1378, an act to amend the
15 Penal Law.
16 SENATOR FARLEY: Mr. President, I
17 now move to reconsider the vote by which this
18 bill was passed.
19 ACTING PRESIDENT MAZIARZ: Call
20 the roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration. )
23 THE SECRETARY: Ayes 57.
7443
1 SENATOR FARLEY: I now offer the
2 following amendments.
3 ACTING PRESIDENT MAZIARZ:
4 Amendments received.
5 SENATOR FARLEY: On behalf of
6 Senator Goodman, on page 18, I offer the
7 following amendments to Calendar 747, Senate
8 Print 5746, and I ask that that bill retain its
9 place.
10 ACTING PRESIDENT MAZIARZ:
11 Amendments received.
12 SENATOR FARLEY: On behalf of
13 Senator LaValle, on page 6, I offer the
14 following amendments to Calendar Number 329,
15 Senate Print 4293-C, and I ask that that bill
16 retain its place.
17 ACTING PRESIDENT MAZIARZ:
18 Amendments received.
19 SENATOR FARLEY: On behalf of
20 Senator Saland, I offer the following amendments
21 to Calendar Number 1423, Senate Print 6473, and
22 I ask that that bill retain its place.
23 ACTING PRESIDENT MAZIARZ:
7444
1 Amendments received.
2 Senator Farley.
3 SENATOR FARLEY: On behalf of
4 Senator Holland, I offer the following
5 amendments to Calendar Number 772, Senate Print
6 6860-A, and I ask that that bill retain its
7 place.
8 ACTING PRESIDENT MAZIARZ:
9 Amendments received.
10 Senator Marcellino.
11 SENATOR MARCELLINO: Mr.
12 President, we'd like to remind the members of
13 the Rules Committee, that there is a Rules
14 Committee meeting now in Room 332, ongoing.
15 Mr. President, may we stand -
16 the Senate stand at ease pending the report of
17 the Rules Committee.
18 ACTING PRESIDENT MAZIARZ: The
19 Senate will stand at ease pending the report of
20 the Rules Committee.
21 (Whereupon at 2:33 p.m., the
22 Senate stood at ease until 3:05 p.m.)
23 ACTING PRESIDENT MAZIARZ: The
7445
1 Senate will come to order.
2 SENATOR SKELOS: Mr. President.
3 ACTING PRESIDENT MAZIARZ:
4 Senator Skelos.
5 SENATOR SKELOS: If we could
6 return to reports of standing committees, I
7 believe there's a report of the Rules Committee
8 at the desk. I ask that it be read.
9 ACTING PRESIDENT MAZIARZ: The
10 Secretary will read.
11 THE SECRETARY: Senator Bruno,
12 from the Committee on Rules, offers up the
13 following bills directly for third reading:
14 Senate Print 303, by Senator
15 Kruger, an act to amend the Penal Law;
16 Senate Print 2459-A, by Senator
17 Skelos, an act to amend the Executive Law;
18 Senate Print 4699-A, by Senator
19 Stafford, an act to amend the State Finance Law;
20 5801, by Senator Present, an act
21 to authorize and direct the Education
22 Department;
23 6365, by Senator Larkin, an act
7446
1 to amend the General Municipal Law;
2 6395, by Senator Maziarz, an act
3 to amend the Insurance Law;
4 6421, by Senator Nozzolio, an act
5 to amend the Correction Law;
6 6523, by Senator Volker, an act
7 to amend the Civil Practice Law and Rules;
8 6614, by Senator Nozzolio, an act
9 to amend the Correction Law;
10 6619, by Senator Nozzolio, an act
11 to amend the Correction Law;
12 6657, by Senator Nozzolio, an act
13 to amend the Executive Law;
14 6784, by Senator Spano, an act to
15 amend the Labor Law;
16 6923-A, by Senator Libous, an act
17 to amend the New York State Medical Care
18 Facilities Finance Agency Act;
19 7038, by Senator Trunzo, an act
20 to amend the Retirement and Social Security Law;
21 7113-A, by Senator Velella, an
22 act to amend Chapter 403 of the Laws of 1983;
23 7123, by Senator Marcellino, an
7447
1 act to amend the Public Officers Law;
2 7136, by Senator Spano, an act to
3 amend the Local Finance Law;
4 7143, by Senator Leibell,
5 concurrent resolution of the Senate and
6 Assembly;
7 7204, by Senator Cook, an act to
8 amend the Economic Development Law;
9 7230, by Senator LaValle, an act
10 to create the Brookhaven National Laboratory;
11 7244, by Senator Saland, an act
12 to amend the Criminal Procedure Law;
13 7277-A, by Senator Maziarz, an
14 act to amend the State Administrative Procedure
15 Act;
16 7356, by Senator Marcellino, an
17 act to amend the Environmental Conservation Law;
18 7384, by Senator Trunzo, an act
19 to amend the Environmental Conservation Law;
20 7385-A, by Senator Trunzo, an act
21 to amend the Retirement and Social Security Law;
22 7386-A, by Senator Trunzo, an act
23 to amend the General Municipal Law;
7448
1 7437, by Senator Wright, an act
2 to amend the Workers' Compensation Law;
3 7485-B, by Senator Stafford, an
4 in act in relation to authorizing the town of
5 Willsboro;
6 7512, by Senator Maziarz, an act
7 to amend the Executive Law;
8 7532, by Senator Cook, concurrent
9 resolution of the Senate and Assembly;
10 7552, by Senator Holland, an act
11 to amend the Social Services Law;
12 7553, by the Committee on Rules,
13 an act to amend the Public Health Law and the
14 Insurance Law;
15 7574, by Senator Spano, an act to
16 amend the County Law;
17 7583, by Senator Lachman, an act
18 in relation to allowing Mr. Browne to be
19 reclassified as a Tier I member;
20 7590, by Senator Volker, an act
21 to amend the Civil Practice Law and Rules;
22 7592, by Senator Seward, an act
23 to amend the Public Service Law;
7449
1 7593, by Senator Skelos, an act
2 to amend the Business Corporation Law;
3 7634, Senator Skelos, an act to
4 amend the Executive Law;
5 7634, by Senator DiCarlo, an act
6 to amend the Executive Law;
7 7664, by Senator Seward, an act
8 to amend the Local Finance Law;
9 7690, by Senator Trunzo, an act
10 to amend the Executive Law;
11 7701, by Senator Goodman, an act
12 to amend the Tax Law;
13 And 7729, by Senator Velella, an
14 act to amend the Public Health Law.
15 All bills directly for third
16 reading.
17 ACTING PRESIDENT MAZIARZ:
18 Senator Sears.
19 SENATOR SEARS: Yes, Mr.
20 President.
21 On page number 4, I offer the
22 following amendments to Calendar Number 26,
23 Senate Print Number 210-E and ask that the said
7450
1 bill retain its place on the Third Reading
2 Calendar.
3 ACTING PRESIDENT MAZIARZ: The
4 amendments are received and without objection,
5 all bills are reported to Third Reading
6 Calendar.
7 Senator Skelos.
8 SENATOR SKELOS: Any other
9 housekeeping?
10 ACTING PRESIDENT MAZIARZ:
11 There's no housekeeping at the desk.
12 SENATOR SKELOS: Mr. President,
13 there being no further business, I move we
14 adjourn until Wednesday, June 12th at 10:00 a.m.
15 sharp.
16 ACTING PRESIDENT MAZIARZ: The
17 Senate stands adjourned until Wednesday, June
18 12th at 10:00 a.m.
19 (Whereupon, at 3:09 p.m., the
20 Senate adjourned.)
21
22
23