Regular Session - June 16, 1997
5120
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 June 16, 1997
10 3:05 p.m.
11
12
13 REGULAR SESSION
14
15
16
17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
19
20
21
22
23
24
25
5121
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would everyone please rise and
4 join me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 The invocation today will be
8 given by the Reverend Peter G. Young from the
9 Blessed Sacrament Church in Bolton Landing.
10 Reverend Young.
11 REVEREND PETER G. YOUNG: Dear
12 God, as we gather in Your name on this beautiful
13 mid-June afternoon, we turn to You for Your
14 guidance and merciful understanding. We
15 acknowledge You as our Father in heaven and we
16 honor our fathers here on earth for their
17 dedication to their children and family values.
18 May we here in this Senate chamber pray that
19 their example will instill parenting skills in
20 all of our parents of New York State. Amen.
21 THE PRESIDENT: Amen.
22 The reading of the Journal,
23 please.
24 THE SECRETARY: In Senate,
25 Saturday, June 14th. The Senate met pursuant to
5122
1 adjournment. The Journal of Friday, June 13th,
2 was read and approved. On motion, the Senate
3 adjourned.
4 THE PRESIDENT: Without
5 objection, the Journal stands approved as read.
6 Presentation of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Rath.
15 SENATOR RATH: Madam President, I
16 wish to call up my bill, Print Number 4852,
17 recalled from the Assembly which is now at the
18 desk.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senator Rath,
22 Senate Print 4852, an act to amend the State
23 Administrative Procedure Act.
24 SENATOR RATH: Madam President, I
25 now move to reconsider the vote by which the
5123
1 bill was passed.
2 THE PRESIDENT: Call the roll on
3 reconsideration, please.
4 (The Secretary called the roll on
5 reconsideration.)
6 THE SECRETARY: Ayes 44.
7 SENATOR RATH: Madam President,
8 would you please star the bill.
9 THE PRESIDENT: So ordered.
10 SENATOR RATH: Yes, Madam
11 President. I would please like to have my Bill
12 Number 1216 have a sponsor's star on it,
13 Calendar Number 1216.
14 THE PRESIDENT: The bill will be
15 starred at the sponsor's request.
16 Senator Marcellino.
17 SENATOR MARCELLINO: Yes, Madam
18 President. Amendments are offered to the
19 following Third Reading Calendar bills:
20 Sponsored by Senator Cook, on
21 page 8, Calendar Number 224, Assembly Print
22 Number 1476;
23 By Senator Alesi, page number 9,
24 Calendar Number 265, Senate Print Number 2872-A;
25 By Senator LaValle, page number
5124
1 13, Calendar Number 393, Senate Print Number
2 3200;
3 By Senator Levy, page number 14,
4 Calendar Number 426, Senate Print Number 3553;
5 By Senator Wright, on page number
6 25, Calendar Number 737, Senate Print Number
7 4779;
8 By Senator Kuhl, on page number
9 37, Calendar Number 983, Senate Print Number
10 3214;
11 By Senator Levy, on page number
12 39, Calendar Number 1013, Senate Print Number
13 4818;
14 By Senator Stafford, on page 46,
15 Calendar Number 1217, Senate Print Number 4999;
16 By Senator Levy, on page 47,
17 Calendar Number 376, Senate Print Number 3481-C;
18 By Senator Levy, on page number
19 49, Calendar Number 993, Senate Print Number
20 4308;
21 By Senator Volker, on page 48,
22 Calendar Number 702, Senate Print Number 3431-A.
23 THE PRESIDENT: The amendments
24 are received.
25 Senator Farley.
5125
1 SENATOR FARLEY: Thank you, Madam
2 President.
3 I wish to call up Senator
4 DeFrancisco's bill, Print Number 479-A, which
5 was recalled from the Assembly which is now at
6 the desk.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 DeFrancisco, Senate Print 479-A, an act to amend
11 the Public Health Law.
12 SENATOR FARLEY: Thank you.
13 I'll hand this over to him if he
14 needs it.
15 Madam President, I now move to
16 reconsider the vote by which this bill passed.
17 THE PRESIDENT: Call the roll on
18 reconsideration, please.
19 (The Secretary called the roll on
20 reconsideration.)
21 THE SECRETARY: Ayes 47.
22 SENATOR FARLEY: Madam President,
23 I now offer the following amendments.
24 THE PRESIDENT: The amendments
25 are received.
5126
1 The Secretary has some
2 substitutions to read.
3 THE SECRETARY: On page 25,
4 Senator Lack moves to discharge from the
5 Committee on Rules Assembly Print 1069-A and
6 substitute it for the identical Senate bill,
7 Third Reading 739.
8 On page 43, Senator Velella moves
9 to discharge from the Committee on Rules
10 Assembly Print 1612 and substitute it for the
11 identical Senate bill, Third Reading 1189.
12 On page 43, Senator Volker moves
13 to discharge from the Committee on Rules
14 Assembly Print 2959 and substitute it for the
15 identical Senate bill, Third Reading 1192.
16 On page 44, Senator Kuhl moves to
17 discharge from the Committee on Rules Assembly
18 Bill 4548 and substitute it for the identical
19 Senate bill, Third Reading 1198.
20 On page 44, Senator LaValle moves
21 to discharge from the Committee on Rules
22 Assembly Print 5361 and substitute it for the
23 identical Senate bill, Third Reading 2101.
24 On page 45, Senator Volker moves
25 to discharge from the Committee on Rules
5127
1 Assembly Print 6795-A and substitute it for the
2 identical Senate bill, Third Reading 1212.
3 On page 45, Senator Trunzo moves
4 to discharge from the Committee on Rules
5 Assembly Print 7546-A and substitute it for the
6 identical Senate bill, Third Reading 1213.
7 THE PRESIDENT: The substitutions
8 are ordered.
9 Senator Skelos.
10 SENATOR SKELOS: May we take up
11 the non-controversial calendar.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 342, by Senator Johnson, Senate Print 2684-B, an
16 act to amend the Insurance Law, in relation to
17 authorizing civil penalties.
18 ACTING PRESIDENT MARCELLINO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MARCELLINO:
23 Call the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT MARCELLINO: The
5128
1 bill is passed.
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 572, by Senator Marcellino, Senate Print 4130-A,
7 an act to amend the Environmental Conservation
8 Law, in relation to eliminating the requirement
9 that transported or relayed shellfish are
10 tagged.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 49.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 598, by Senator Spano, Senate Print 4218, an act
23 to amend the Workers' Compensation Law, in
24 relation to the uninsured -
25 SENATOR STACHOWSKI: Lay it
5129
1 aside.
2 ACTING PRESIDENT MARCELLINO: Lay
3 the bill aside, please.
4 THE SECRETARY: Calendar Number
5 618, by Senator Cook, Senate Print 2827-A, an
6 act to create a program for the humanities
7 within the state library.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect on the first day of April.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 51.
16 ACTING PRESIDENT MARCELLINO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 665, by member of the Assembly Lafayette,
20 Assembly Print 5811, an act to amend the Real
21 Property Tax Law, in relation to tax exemption
22 for buildings.
23 ACTING PRESIDENT MARCELLINO:
24 Read the last section.
25 THE SECRETARY: Section 2. This
5130
1 act shall take effect immediately.
2 ACTING PRESIDENT MARCELLINO:
3 Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 51.
6 ACTING PRESIDENT MARCELLINO: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 670, by Senator LaValle, Senate Print 2467-A, an
10 act in relation to the Long Island suburban
11 highway improvement program.
12 ACTING PRESIDENT MARCELLINO:
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MARCELLINO:
17 Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 51.
20 ACTING PRESIDENT MARCELLINO: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 759, by Senator Lack, Senate Print 5049-A, an
24 act to amend the General Obligations Law, in
25 relation to the continuity of contract.
5131
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MARCELLINO:
6 Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 51.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 778, by the Assembly Committee on Rules,
13 Assembly Print 7700, Senate Print -- Reprint
14 21000, an act to amend the Public Health Law, in
15 relation to notification.
16 THE PRESIDENT: Read the last
17 section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 51.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
5132
1 782, by Senator Hannon, Senate Print 5042, an
2 act to amend the Public Health Law, in relation
3 to establishing a program to promote preventive
4 and wellness care health care.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 51.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 799, by Senator Holland, Senate Print 4338-A, an
16 act to amend Chapter 672 of the Laws of 1993.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 51.
24 THE PRESIDENT: The bill is
25 passed.
5133
1 THE SECRETARY: Calendar Number
2 813, by Senator Alesi, Senate Print 5122-B, an
3 act to amend the General Business Law and the
4 Executive Law, in relation to providing for the
5 regulation and licensing of non-bank coin
6 processors.
7 THE PRESIDENT: Read the last
8 section, please.
9 THE SECRETARY: Section 6. This
10 act shall take effect January 1st, 1998.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 53.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 815, by Senator Libous, Senate Print 1951-A, an
18 act to amend the County Law, in relation to
19 establishing the Chenango County emergency
20 communication system.
21 THE PRESIDENT: There is a home
22 rule message at the desk. Read the last
23 section, please.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first day of
5134
1 January.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 822, by Senator Libous, Senate Print 3721, an
9 act to authorize the county of Chenango to
10 convey certain lands.
11 THE PRESIDENT: Read the last
12 section, please. There's a home rule message at
13 the desk.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 843, by Senator Maziarz, Senate Print 2760-A, an
23 act to amend the State Administrative Procedure
24 Act, in relation to the priority review of
25 existing rules.
5135
1 SENATOR STACHOWSKI: Lay it
2 aside.
3 THE PRESIDENT: Lay it aside,
4 please.
5 THE SECRETARY: Calendar Number
6 934, by Senator Johnson, Senate Print 1279, an
7 act to amend the Domestic Relations Law, in
8 relation to visitation rights to infant
9 grandchildren.
10 THE PRESIDENT: Read the last
11 section, please.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 53.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 936, by Senator Marcellino, Senate Print 3105,
21 an act to amend the Social Services Law, in
22 relation to child day care.
23 THE PRESIDENT: Read the last
24 section, please.
25 THE SECRETARY: Section 5. This
5136
1 act shall take effect in 120 days.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 960, by Senator Larkin, Senate Print 470-A, an
9 act to amend the Public Authorities Law, in
10 relation to discount tolls for four-wheel pickup
11 trucks and vans.
12 THE PRESIDENT: Read the last
13 section, please.
14 THE SECRETARY: Section 2. This
15 act shall take effect in 60 days.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 1050, by Senator Marchi, Senate Print 4085, an
23 act to repeal Section 630 of the Business
24 Corporation -
25 SENATOR STACHOWSKI: Lay it
5137
1 aside.
2 THE PRESIDENT: Lay it aside,
3 please.
4 THE SECRETARY: Calendar Number
5 1051, by Senator Padavan, Senate Print 2206, an
6 act to amend the Education Law, in relation to
7 the exclusion of illegal aliens.
8 THE PRESIDENT: Read the last
9 section, please.
10 SENATOR STACHOWSKI: Lay it
11 aside.
12 THE PRESIDENT: Lay it aside.
13 THE SECRETARY: Calendar Number
14 1052, by Senator Skelos, Senate Print 3984, an
15 act to amend the Education Law, in relation to
16 mandatory continuing education.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 2. This
20 act shall take effect January 1st.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
24 THE PRESIDENT: The bill is
25 passed.
5138
1 THE SECRETARY: Calendar Number
2 1173, by Senator Marchi, Senate Print 3355, an
3 act to amend the Not-for-Profit Corporation Law,
4 in relation to granting exclusive rights to
5 cemetery corporations.
6 THE PRESIDENT: Read the last
7 section, please.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 30th day.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 54.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 1189, substituted earlier today by member of the
17 Assembly Rivera, Assembly Print 1612, an act to
18 amend Chapter 383 of the Laws of 1991.
19 THE PRESIDENT: Read the last
20 section, please.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 54.
5139
1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 1190, by Senator Wright, Senate Print 1417, an
5 act to amend the Workers' Compensation Law, in
6 relation to appeals for premium increases.
7 SENATOR STACHOWSKI: Lay it
8 aside.
9 THE PRESIDENT: Lay it aside.
10 THE SECRETARY: Calendar Number
11 1192, substituted earlier today by member of the
12 Assembly Tonko, Assembly Print 2959, an act to
13 amend the Public Health Law and the Penal Law.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 5. This
17 act shall take effect on the first day of
18 November.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 54.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1194, by Senator Kuhl, Senate Print 2061, an act
5140
1 to amend the Real Property Tax Law, in relation
2 to appointments.
3 THE PRESIDENT: Read the last
4 section, please.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 54.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 1195, by Senator Wright, Senate Print 2167, an
14 act to amend the Real Property Tax Law, in
15 relation to subjects the lands within the Tug
16 Hill region to taxation.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 54.
24 THE PRESIDENT: The bill is
25 passed.
5141
1 THE SECRETARY: Calendar Number
2 1196, by Senator Larkin, Senate Print 2305, an
3 act to amend the Real Property Tax Law, in
4 relation to certain lands in Orange County.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 54.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1197, by Senator Breslin -
16 SENATOR SKELOS: Lay it aside.
17 THE PRESIDENT: Lay it aside.
18 THE SECRETARY: Calendar Number
19 1198, substituted earlier today by member of the
20 Assembly Parment, Assembly Print 4548, an act to
21 amend the Education Law, in relation to certain
22 veterinarian medical services.
23 THE PRESIDENT: Read the last
24 section, please.
25 THE SECRETARY: Section 2. This
5142
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 54.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1199, by Senator Spano, Senate Print 3003-A, an
9 act to amend Chapter 511 of the Laws of 1995.
10 THE PRESIDENT: Read the last
11 section, please.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 54.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1200, by Senator Padavan, Senate Print 3035, an
21 act to amend the Real Property Law, in relation
22 to the occupation of premises for unlawful
23 purpose.
24 THE PRESIDENT: Read the last
25 section, please.
5143
1 SENATOR DOLLINGER: Lay it aside.
2 THE PRESIDENT: Lay it aside.
3 THE SECRETARY: Calendar Number
4 1202, by Senator Maltese, Senate Print 3564, an
5 act to amend the Penal Law, in relation to
6 placing a false bomb.
7 THE PRESIDENT: Read the last
8 section, please.
9 SENATOR GOLD: Lay it aside for
10 Senator Dollinger, please.
11 THE PRESIDENT: Lay it aside.
12 THE SECRETARY: Calendar Number
13 1204, by Senator Stafford, Senate Print 3593, an
14 act in relation to allowing the payment of
15 certain retirement benefits.
16 THE PRESIDENT: Read the last
17 section, please.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 54.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
5144
1 1205, by Senator Seward, Senate Print 3742-A, an
2 act to amend the Judiciary Law, in relation to
3 establishing a second County Court judgeship in
4 the county of Cortland.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: This act shall
8 take effect January 1st, 1998.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 54.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1207, by Senator Nozzolio, Senate Print 3835, an
16 act to amend the Judiciary Law, in relation to
17 the appointment of stenographers.
18 THE PRESIDENT: Read the last
19 section, please.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 55.
25 THE PRESIDENT: The bill is
5145
1 passed.
2 THE SECRETARY: Calendar Number
3 1208, by Senator Skelos, Senate Print 3862, an
4 act authorizing the assessor of the county of
5 Nassau to accept an application.
6 THE PRESIDENT: Read the last
7 section, please.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 53, nays 2,
13 Senators Cook and Dollinger recorded in the
14 negative.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1209, by Senator Present, Senate Print 4007, an
19 act to amend the Penal Law, in relation to the
20 unlawful taking of trees.
21 THE PRESIDENT: Read the last
22 section, please.
23 THE SECRETARY: Section 4. This
24 act shall take effect on the first day of
25 November.
5146
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 56.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1213, substituted earlier today by the Assembly
8 Committee on Rules, Assembly Print 7546-A, an
9 act to amend the General Municipal Law and the
10 Retirement and Social Security Law.
11 THE PRESIDENT: Read the last
12 section, please.
13 THE SECRETARY: Section 3. This
14 act shall take effect July 1st.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 56.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1215, by Senator DeFrancisco, Senate Print 4448,
22 an act in relation to authorizing the county of
23 Onondaga to lease certain park property.
24 THE PRESIDENT: There's a home
25 rule message at the desk. Read the last
5147
1 section, please.
2 THE SECRETARY: Section 4. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 56.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1218, by Senator Bruno, Senate Print 5260, an
11 act in relation to the timeliness of the
12 election of the village of Castleton-on-the
13 Hudson to provide a retirement incentive.
14 THE PRESIDENT: There's a home
15 rule message at the desk. Read the last
16 section, please.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 56.
22 THE PRESIDENT: The bill is
23 passed.
24 THE SECRETARY: Calendar Number
25 1219, by Senator Larkin, Senate Print 5390, an
5148
1 act to amend the General Municipal Law, in
2 relation to making technical amendments.
3 THE PRESIDENT: Read the last
4 section, please.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 56.
10 THE PRESIDENT: Senator Skelos,
11 that -- the bill is passed.
12 Senator Skelos, that completes
13 the reading of the non-controversial calendar.
14 SENATOR SKELOS: Thank you, Madam
15 President.
16 If we could take up the
17 controversial calendar at this time.
18 THE PRESIDENT: The Secretary
19 will -
20 SENATOR GOLD: Madam President.
21 THE PRESIDENT: Senator Gold.
22 SENATOR GOLD: Before you start
23 the non-controversial calendar, I just want the
24 record clear on one thing. I have in front of
25 me four notice of motions to suspend the rules
5149
1 by Senator Connor dealing with various bills.
2 One is Senate Bill Number 3281
3 which deals with the Emergency Housing Rent
4 Control Law. One of them deals with Senate Bill
5 5493, continuation of protections provided by
6 law relating to the control of rents and
7 regulations, one dealing with Senate Bill 5494,
8 again relating to the control of stabilization
9 of rents and the last one, 5495 which, again,
10 deals with emergency housing, and my
11 understanding is that these notices, Madam
12 President, were properly filed and that at some
13 appropriate time in the calendar today, before
14 we adjourn, these may be called up and taken up
15 by the Minority Leader.
16 THE PRESIDENT: Thank you,
17 Senator Gold.
18 SENATOR SKELOS: Could we have
19 the controversial calendar, please.
20 THE PRESIDENT: Yes. The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 598, by Senator Spano, Senate Print 4218, an act
24 to amend the Workers' Compensation Law, in
25 relation to the Uninsured Employers' Fund.
5150
1 SENATOR STACHOWSKI: Explanation.
2 THE PRESIDENT: Senator Spano.
3 SENATOR SPANO: Thank you, Madam
4 President.
5 This bill transfers the
6 responsibility for represented -- representing
7 the Uninsured Employers' Fund to a
8 representative outside of the Workers'
9 Compensation Board.
10 The Workers' Compensation Board
11 asked that we introduce this bill because they
12 feel that to have an employee handling a
13 dispute, an employee who is an employee of the
14 Workers' Compensation Board, would place an
15 unavoidable conflict of interest in the process.
16 The second part of this bill
17 includes the Uninsured Employers' Fund to
18 require to make -- currently in the current law
19 there's a list of insurance companies, special
20 disability funds, the special fund for reopened
21 cases that would be required to make payments to
22 a claimant in cases of a controversy and the
23 liability. It would also add the unemployer -
24 Uninsured Employers' Fund to that list.
25 THE PRESIDENT: Senator.
5151
1 SENATOR STACHOWSKI: Madam
2 President, will Senator Spano yield for a
3 question?
4 SENATOR SPANO: Yes.
5 THE PRESIDENT: Senator Spano.
6 SENATOR STACHOWSKI: Senator, all
7 this time, the other attorneys in-house have
8 done this type of work without any conflict of
9 interest. Why suddenly would it alleviate a
10 conflict of interest?
11 SENATOR SPANO: The -- the
12 members -- I'm not sure, Senator, if this bill
13 -- as far as I know, I think this is a new bill
14 given to us by the Workers' Compensation Board.
15 As you are aware, we have new
16 members of the board. We have a new chairman of
17 the Workers' Comp' Board who has been taking a
18 look at the proceedings of the board, as well as
19 looking at streamlining the process and feel
20 that this is one way of making sure that the
21 claimants are paid in a timely basis and at the
22 same time, we avoid any type of potential
23 conflict of interest that this board feels
24 exists under the current statute.
25 Apparently the chairs of the
5152
1 Workers' Compensation boards previously didn't
2 feel that there was a conflict.
3 THE PRESIDENT: Senator
4 Stachowski.
5 SENATOR STACHOWSKI: Madam
6 President, if Senator Spano would continue to
7 yield.
8 SENATOR SPANO: Yes.
9 SENATOR STACHOWSKI: Do we know
10 whether this will become more costly to the
11 system by having outside attorneys do this work
12 or will it save money? Just so I can carry it a
13 little bit farther with my question. It would
14 seem to me if you're hiring outside attorneys
15 that the fee would probably go up because I
16 don't see people in private practice charging
17 less of a fee than a public employee. It's just
18 some impression I have. I may be off base.
19 SENATOR SPANO: We asked the
20 representatives of the Workers' Comp' Board that
21 question. They indicate to us that there would
22 be no sizeable increase in any costs to the
23 Workers' Comp' Board. As a matter of fact, they
24 may be able to handle additional cases but at
25 the same time, we asked the question about the
5153
1 current employees who are the attorneys for the
2 Workers' Comp' Board who are handling these
3 cases and they indicated to me that there are
4 other duties for them within the Comp' Board so
5 that we would not cause those individuals to
6 lose their jobs. I think we're talking about
7 five attorneys of the Workers' Comp' Board that
8 would be affected.
9 SENATOR STACHOWSKI: One last
10 question.
11 THE PRESIDENT: Senator.
12 SENATOR STACHOWSKI: I know you
13 just kind of answered what I'm going to ask,
14 saying they would do other jobs. So wouldn't we
15 be looking to maybe decrease their salaries
16 since this is one less thing they have to do? I
17 don't know that there would be any new -- they
18 would be doing other jobs, but I don't know that
19 it would be new work and since they're not doing
20 the main thing they used to do, I really don't
21 know why we would be keeping them.
22 THE PRESIDENT: Senator Spano.
23 SENATOR SPANO: Honestly,
24 Senator, I didn't ask the question of the
25 chairman of the Workers' Comp' Board as to
5154
1 whether or not the salaries would, in fact, be
2 decreased. We did ask about the employment of
3 these five individuals and we're told that their
4 employment would be protected.
5 THE PRESIDENT: Read the last
6 section, please.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 598 are Senators
13 Connor and Mendez. Ayes 56, nays 2.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 843, by Senator Maziarz, Senate Print 2760-A, an
18 act to amend the State Administrative Procedure
19 Act, in relation to priority review of existing
20 rules.
21 SENATOR STACHOWSKI: Explanation.
22 THE PRESIDENT: Senator Maziarz.
23 SENATOR MAZIARZ: Thank you,
24 Madam President.
25 Madam President, this bill would
5155
1 allow at least 25 small businesses to petition
2 an agency to review existing rules which are
3 unduly burdening such business.
4 If proven burdensome, such agency
5 is authorized to suspend the application of such
6 rule for a period of not less than three months
7 nor more than one year and direct an agency, the
8 agency imposing the rule, to review the
9 regulation and decide whether it should be
10 modified, rescinded or fully restored. Such
11 rule has to have been in effect for at least 18
12 months.
13 So let's say that 25 small
14 businesses in the city of Buffalo did not like a
15 particular rule that was promulgated by an
16 agency, Senator Stachowski, they would be able
17 to petition to that agency for relief.
18 THE PRESIDENT: Senator
19 Stachowski.
20 SENATOR STACHOWSKI: Madam
21 President, would Senator Maziarz yield for a
22 question?
23 THE PRESIDENT: Senator?
24 SENATOR MAZIARZ: Surely, Madam
25 President.
5156
1 SENATOR STACHOWSKI: Senator, the
2 EPL has a two-chimney memo against this
3 particular piece of legislation even as it is
4 amended. For those that have voted against a
5 couple one-chimney bills, this would be a chance
6 to pick up a couple chimneys but other than
7 that, they say that changes you've made are
8 superficial and by doing this piece of
9 legislation, that the bill would drastically
10 undermine the process by allowing a state agency
11 to unilaterally suspend a properly instituted
12 rule and the effect of that suspension could
13 very well be an expense to the general public as
14 far as their public health and safety and the
15 safety and public health of the environment
16 would be concerned.
17 So their concern is dealing
18 mainly in the area of environmental rules,
19 mainly in the area that if you suspend some
20 environmental rules because 25 businesses happen
21 to get together because possibly it may be a
22 costly rule but it is one that protects the
23 health and environment of the general public,
24 can we -- can we afford to do that at that cost
25 for that length of time to find out whether this
5157
1 rule is actually a good rule or not a good
2 rule?
3 THE PRESIDENT: Senator Maziarz.
4 SENATOR MAZIARZ: The answer to
5 your question, Senator Stachowski, is yes. I
6 don't think that 3 months and 18 months is all
7 that unreasonable.
8 Regarding the memorandum of
9 opposition that you quote, I did amend the bill
10 to take care of their first two objections, that
11 is, they objected going to the Governor's Office
12 of Regulatory Reform. We took that out, made it
13 go directly to the agency that promulgated the
14 rule. We went from two small businesses to 25.
15 SENATOR STACHOWSKI: On the bill.
16 THE PRESIDENT: Senator
17 Stachowski.
18 SENATOR STACHOWSKI: Senator, I
19 appreciate your explanation. I knew that that
20 was the change that you made. Apparently it
21 didn't satisfy the EPL. I think their major
22 concern is in the area of public health and
23 safety and also the protection of the
24 environment.
25 Unfortunately, I know that
5158
1 sometimes small businesses have undue
2 regulations and we would like to do anything we
3 can to help them with that but maybe there's a
4 better way of doing this than -- that wouldn't
5 bring up this kind of opposition, and I wish
6 that we could work this situation out. I don't
7 know -- I don't know if you could. I mean, I'm
8 not sure that anything you do would satisfy the
9 EPL in this situation but because of their
10 opposition, I'm going to recommend that people
11 vote against this bill.
12 THE PRESIDENT: Senator
13 Dollinger.
14 SENATOR DOLLINGER: Madam
15 President, will the sponsor yield to one
16 question?
17 THE PRESIDENT: Senator Maziarz.
18 SENATOR MAZIARZ: Yes, Madam
19 President.
20 SENATOR DOLLINGER: Senator, if
21 the state Legislature unanimously passed a bill
22 that was signed into law by the Governor that
23 said a specific regulation was to be issued and
24 authorized and commanded the agency to issue
25 that regulation, would your legislation
5159
1 nonetheless give the Office of Regulatory Reform
2 the ability to suspend that for up to 12
3 months?
4 SENATOR MAZIARZ: No.
5 THE PRESIDENT: Senator Maziarz.
6 SENATOR MAZIARZ: No.
7 SENATOR DOLLINGER: What would it
8 do in that instance then, Senator?
9 SENATOR MAZIARZ: This bill
10 doesn't cover the -- I don't know if you've read
11 the A version of this bill or not but it takes
12 the power -- it does not even mention the
13 Governor's Office of Regulatory Reform. In the
14 original print, this procedure would have gone
15 through the Governor's Office of Regulatory
16 Reform. Now it would go through each specific
17 agency that the 25 businesses petitioned to.
18 SENATOR DOLLINGER: But under
19 those circumstances, the agency would still have
20 the power then to overrule the expressed will of
21 the Legislature, expressed command of the
22 Legislature and the Governor in conjunction.
23 SENATOR MAZIARZ: Yes, on a
24 temporary basis anywhere from 3 months to 18
25 months.
5160
1 SENATOR DOLLINGER: Again, Mr.
2 President, on the bill.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Dollinger on the bill.
5 SENATOR DOLLINGER: I'm not sure
6 if this Legislature and this Governor signed a
7 bill that said to the agency "Do this" and there
8 was a petition from a group of businesses that
9 said that would be a very un... very burdensome
10 to do, that nonetheless the agency could
11 voluntarily suspend the effect of the regulation
12 that had been commanded to be put into place by
13 this Legislature and by the Governor. I don't
14 know why we would ever give the agency that kind
15 of power. Unbeknown to me.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Abate.
18 SENATOR ABATE: Yes. Would
19 Senator Maziarz yield to a question?
20 ACTING PRESIDENT MARCELLINO:
21 Senator Maziarz, do you yield to a question?
22 SENATOR MAZIARZ: Yes, Mr.
23 President.
24 ACTING PRESIDENT MARCELLINO: He
25 yields, Senator.
5161
1 SENATOR ABATE: I read your bill
2 and I liken it to summary judgment. Basically
3 without any process, a business or a number of
4 businesses can go to the agency and say
5 unilaterally suspend the rules. Is that, in
6 essence, what this bill does?
7 SENATOR MAZIARZ: They could do
8 it. That doesn't necessarily mean that the
9 agency would have to do it.
10 SENATOR ABATE: No, but it gives
11 the authority -
12 SENATOR MAZIARZ: It gives the
13 agency the authority to do it, yes.
14 SENATOR ABATE: And what do the
15 businesses have to demonstrate before the
16 suspension is allowed? What is the burden of
17 coming forward? What do they have to argue?
18 SENATOR MAZIARZ: A cost burden,
19 for instance.
20 SENATOR ABATE: Do they have to
21 allege irreparable harm or just a cost burden?
22 SENATOR MAZIARZ: I would say
23 they could do both.
24 SENATOR ABATE: But at a
25 minimum they have to -
5162
1 SENATOR MAZIARZ: I don't know
2 that they're required to do either one.
3 SENATOR ABATE: Right. Can you
4 conceive of a situation where a business would
5 not be in a situation to argue that the
6 regulation doesn't have some impact -
7 SENATOR MAZIARZ: Not a business,
8 Senator.
9 SENATOR ABATE: -- the way they
10 do -
11 SENATOR MAZIARZ: Not a business,
12 25 businesses.
13 SENATOR ABATE: Or 25
14 businesses. Obviously you're talking about an
15 industry, a number of businesses that share a
16 common goal. To find 25 would not be difficult
17 and most regulations have some economic impact
18 on businesses. So this would cover just about
19 every regulation conceivably. Would that be
20 fair to say?
21 SENATOR MAZIARZ: Yes, yes.
22 SENATOR ABATE: All right. What
23 about the public review process now that's so
24 onerous that we have to go to what I call a
25 summary suspension system? What's so onerous
5163
1 today about the public review process?
2 SENATOR MAZIARZ: That remains
3 intact, but most of that public review system is
4 prior to the rule being implemented. The
5 problems generally pop up after the rule has
6 been implemented, Senator.
7 SENATOR ABATE: Well, Senator,
8 educate me. Is there an ability now for a
9 business or group of businesses that feel
10 regulation is so onerous that the weighing of
11 the interests, the inability for businesses to
12 operate outweigh any good the regulation could
13 have and -
14 SENATOR MAZIARZ: Generally -
15 I'm sorry.
16 SENATOR ABATE: Is there a
17 process now for a judicial review for the agency
18 now to review that regulation?
19 SENATOR MAZIARZ: Generally they
20 can call the Governor's Office of Regulatory
21 Reform or call your office or my office,
22 Senator.
23 SENATOR ABATE: So what about
24 that system is not working? The Governor is not
25 responding quickly enough?
5164
1 SENATOR MAZIARZ: Or -- excuse
2 me, Senator Abate.
3 ACTING PRESIDENT MARCELLINO:
4 Excuse me, Senator. I'm assuming Senator Abate
5 is still asking you to yield. Senator Maziarz,
6 you do yield?
7 SENATOR MAZIARZ: Yes.
8 SENATOR ABATE: Yes, Mr.
9 President. Would the Senator continue to
10 yield?
11 ACTING PRESIDENT MARCELLINO: He
12 yields, Senator.
13 SENATOR MAZIARZ: I'm still
14 answering your last question.
15 SENATOR ABATE: Okay.
16 SENATOR MAZIARZ: Or they could
17 file for -- very expensively file for a judicial
18 review.
19 SENATOR ABATE: Right. Well,
20 what about the system that's not working that
21 we're going to a system that could be fraught
22 with some real risks? What about the current
23 system that's not working? Why are we doing
24 this?
25 SENATOR MAZIARZ: Why are we
5165
1 doing this?
2 SENATOR ABATE: Yes.
3 SENATOR MAZIARZ: To give those
4 small independent businesses the opportunity to
5 have their voice heard, to have -- to give them
6 the opportunity to change an onerous regulation,
7 a regulation that is costing them money and
8 perhaps even closing down their businesses.
9 SENATOR ABATE: Thank you,
10 Senator.
11 SENATOR MAZIARZ: Thank you.
12 SENATOR ABATE: On the bill. We
13 all know that there's some -
14 ACTING PRESIDENT MARCELLINO:
15 Senator Abate, on the bill.
16 SENATOR ABATE: -- there are some
17 regulations that were put in place a number of
18 years ago that no longer make sense but the
19 process that's being delineated in this bill
20 also does not make sense because there is a
21 procedure for businesses to complain. There
22 should be a timely and -- whether it's through
23 judicial or administrative review where all the
24 parties can be heard and regulations should be
25 reviewed and those that are onerous should
5166
1 either be modified and repealed, but to suspend
2 just because 25 businesses complain without high
3 standards for that suspension does not represent
4 the public interests of the state and I think
5 makes little sense for the business community as
6 well as the larger community of New York State.
7 I think this bill goes too far. It's a summary
8 suspension of rules and regulations that could
9 affect not only environmental issues but health
10 issues, safety issues.
11 If there's something wrong now
12 with the administrative process where the
13 agencies and the Governor are not responding
14 timely, the procedure should be expedited,
15 that's one thing. Let's look at how we do
16 business differently and better but to put in
17 place what this bill is intending to do is
18 fraught with too many risks and will jeopardize
19 the public interests of this state.
20 I, therefore, oppose this bill.
21 ACTING PRESIDENT MARCELLINO:
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the first day of
25 January.
5167
1 ACTING PRESIDENT MARCELLINO:
2 Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Those recorded in
5 the negative on Calendar Number 843, Senators
6 Abate, Breslin, Connor, Dollinger, Gold,
7 Gonzalez, Goodman, Hannon, Hoffmann, Kruger,
8 Leibell, Levy, Markowitz, Onorato, Oppenheimer,
9 Paterson, Rosado, Sampson, Seabrook, Smith,
10 Spano, Stachowski, Stavisky and Tully.
11 ACTING PRESIDENT MARCELLINO:
12 Results?
13 THE SECRETARY: Ayes 32, nays 28.
14 THE PRESIDENT: The bill is
15 passed.
16 SENATOR LEICHTER: Madam
17 President.
18 THE PRESIDENT: Senator
19 Leichter.
20 SENATOR LEICHTER: Yeah. Can we
21 have a detailed report on this? I know it was a
22 close vote. I didn't hear my name called, other
23 names. Can we have a detailed statement,
24 please.
25 THE PRESIDENT: The Secretary
5168
1 will read.
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 843, Senators
4 Abate, Breslin, Connor, Dollinger, Gold,
5 Gonzalez, Goodman, Hannon, Hoffmann, Kruger,
6 Lachman, LaValle, Leibell, Leichter, Levy,
7 Marcellino, Markowitz, Montgomery, Onorato,
8 Oppenheimer, Paterson, Rosado, Sampson,
9 Seabrook, Smith, Spano, Stachowski, Stavisky and
10 Tully. Ayes -- nays 29.
11 Those recorded in the
12 affirmative, Senator Alesi -
13 THE PRESIDENT: Senator Paterson
14 -- excuse me, Mr. Secretary.
15 SENATOR PATERSON: Madam
16 President, since we had 28 negatives in the
17 original call and now we have 29 negatives -
18 THE PRESIDENT: That's correct.
19 SENATOR PATERSON: -- I would ask
20 for a slow roll call because I think that would
21 be the best way to find out what the vote
22 actually is.
23 THE PRESIDENT: Is there any
24 objection to a slow roll call?
25 SENATOR SKELOS: Yes, there is.
5169
1 There's an objection to the slow roll call. A
2 detailed statement was asked for. The vote was
3 taken. If we could read the detailed
4 statement.
5 SENATOR PATERSON: Madam
6 President.
7 THE PRESIDENT: Senator Paterson.
8 SENATOR PATERSON: That's the
9 reason I'm calling for a slow roll call. We
10 read the detailed statement. It wasn't
11 consistent with the original vote and,
12 therefore -
13 SENATOR SKELOS: Please read the
14 detailed statement.
15 THE PRESIDENT: Just a moment,
16 Senator.
17 Senator Paterson, I would like to
18 explain that the reason that Senator
19 Marcellino's vote was not originally counted is
20 that he was in the Chair replacing me for a
21 moment and his vote went unnoticed. So the
22 detailed statement is now showing 29 votes in
23 the negative.
24 SENATOR PATERSON: Madam
25 President, we have a right to a slow roll call
5170
1 vote. The President is in the Chair -- when
2 you're not in the Chair, Madam President, the
3 President in the Chair votes on every roll call
4 we have and I'm not saying that it's anyone's
5 fault that that happened. We're just saying we
6 don't think the votes exist to pass this bill
7 and, as a matter of fact, if we have a slow roll
8 call, I guarantee you this bill won't pass
9 because the votes aren't there. I just counted
10 them.
11 THE PRESIDENT: Just a moment,
12 please. Just one moment, Senator Paterson. I'm
13 going to consult the rules.
14 SENATOR SKELOS: Would you please
15 complete the detailed statement.
16 THE PRESIDENT: Order. Just a
17 moment.
18 Continue the detailed statement
19 and then we'll see if we need a slow roll call.
20 Senator Paterson, I have not said
21 we can't have a slow roll call, but I would like
22 to finish the detailed statement first.
23 Go ahead.
24 SENATOR PATERSON: Madam
25 President, the detailed statement will show that
5171
1 there were votes listed in the affirmative that
2 we already know these votes are in the
3 negative. So we don't have to read the detailed
4 statement.
5 What we want to know is how every
6 member of this chamber would like to vote.
7 That's why we're having the vote on this
8 particular vote -- on this particular bill and
9 that's why I'm calling for a slow roll call.
10 SENATOR SKELOS: Madam President,
11 it's very nice for Senator Paterson to be
12 calling for a slow roll call but we do have
13 certain procedures.
14 Senator Leichter asked for a
15 detailed statement. If Senator Paterson would
16 extend the courtesy to Senator Leichter, we'll
17 complete the detailed statement. If not, we
18 will have the results. We are on a roll call.
19 SENATOR LEICHTER: Madam
20 President.
21 THE PRESIDENT: Senator Leichter.
22 SENATOR LEICHTER: To make it
23 simpler, I withdraw the call for a detailed
24 statement.
25 SENATOR SKELOS: Please announce
5172
1 the results then.
2 THE PRESIDENT: No. We're not
3 going to do that. Senator Paterson has said
4 he's entitled to a slow roll call.
5 Senator Paterson, if you'll be
6 patient just a moment, I'll have an answer for
7 you.
8 According to Rule 9.1, "A Senator
9 must be in his regular seat in order to be
10 recorded." In light of the failure to do that,
11 I'm calling a slow roll call on this vote.
12 Call the roll, please. Would
13 every Senator who wishes to vote be in his
14 regular seat.
15 SENATOR SKELOS: Madam President,
16 I would like to appeal the ruling of the Chair.
17 A detailed statement was read. The roll call
18 was taken. The results are being announced. If
19 you feel there should be a slow roll call taken,
20 then we will appeal the ruling of the Chair.
21 THE PRESIDENT: Is there any
22 reason, Senator Skelos, why you don't want an
23 accurate vote -- accurate count on this vote?
24 SENATOR SKELOS: We had an
25 accurate -
5173
1 SENATOR LACK: Point of order.
2 Thank you.
3 I believe there is an appeal on
4 the floor, Madam President, not a discussion.
5 THE PRESIDENT: There is an
6 appeal on the floor.
7 Senator Paterson, would you like
8 to speak on this matter?
9 SENATOR PATERSON: Mr. President
10 -- Madam President, I'm sorry. I was just
11 shocked over the unfortunate display of emotion
12 and we've asked for a -- we've asked for a slow
13 roll call on this particular bill. We had a
14 right to a slow roll call. There's always a
15 right to reconsideration of the vote. We do
16 that every day here. There was some confusion
17 about what the results of the slow roll call
18 were. Senator Leichter asked for a detailed
19 statement before I -
20 THE PRESIDENT: Just a moment.
21 Senator Paterson will finish speaking, Senator
22 Skelos.
23 SENATOR SKELOS: Point of order.
24 SENATOR PATERSON: Madam
25 President, a point of personal privilege. I
5174
1 have the floor right now.
2 THE PRESIDENT: Senator Skelos.
3 SENATOR SKELOS: I believe,
4 Senator Paterson, that an appeal of the
5 ruling -
6 THE PRESIDENT: Senator Paterson
7 has the floor, Senator Skelos. Would you please
8 wait a moment. We all have a turn to speak.
9 Go ahead, Senator Paterson.
10 SENATOR PATERSON: Madam
11 President, I have the floor right now. I was
12 the one that asked for a slow roll call. The
13 issue of the detailed statement was withdrawn by
14 Senator Leichter. He said he didn't want to
15 hear the rest of the detailed statement.
16 I have asked for a slow roll
17 call. There are five Senators standing. We
18 didn't even reconsider this vote. We're still
19 on the first vote and I must suggest strongly at
20 this point, Madam President, that we go to the
21 slow roll call and then we'll find out what the
22 actual feeling of this body is and that will
23 also give us the answer for why we have so much
24 discomfort in the chamber right now.
25 THE PRESIDENT: Thank you,
5175
1 Senator Paterson.
2 SENATOR SKELOS: Madam President,
3 I believe there's an appeal.
4 THE PRESIDENT: Can we have order
5 for one moment.
6 SENATOR MAZIARZ: Madam
7 President.
8 THE PRESIDENT: One moment,
9 Senator Maziarz, and I will recognize you.
10 I'm sorry, Senator Waldon. I
11 didn't see you.
12 Senator Maziarz.
13 SENATOR MAZIARZ: Madam
14 President, could I request that the bill be laid
15 aside for the day.
16 THE PRESIDENT: Yes, you can,
17 Senator Maziarz. Thank you.
18 SENATOR MAZIARZ: Thank you.
19 THE PRESIDENT: Withdraw the roll
20 call, please, and lay the bill aside.
21 THE SECRETARY: Calendar Number
22 1050, by Senator Marchi, Senate Print 4085, an
23 act to repeal Section 630 of the Business
24 Corporation Law.
25 SENATOR STACHOWSKI: Explanation.
5176
1 THE PRESIDENT: Read the last
2 section -- oh, explanation.
3 SENATOR MARCHI: Star the bill.
4 THE PRESIDENT: Star the bill at
5 the request of the sponsor.
6 THE SECRETARY: Calendar Number
7 1051, by Senator Padavan, Senate Print 2206, an
8 act to amend the Education Law, in relation to
9 the exclusion of illegal aliens from attending
10 public post-secondary education institutions.
11 SENATOR GOLD: Explanation.
12 THE PRESIDENT: Senator Padavan.
13 SENATOR PADAVAN: Thank you,
14 Madam President.
15 The members will recall
16 discussion of this bill last year. It precludes
17 the enrollment in City and State University of
18 illegal aliens.
19 During the discussion of the bill
20 in the prior session, one of our members asked
21 whether or not we had any specific information
22 relative to the numbers of illegal immigrants
23 who attend State and City University.
24 I gave a response to that
25 question by citing a general statement and
5177
1 report that had been rendered by a member of the
2 City University administration. At our request
3 and by their own direction, the Board of
4 Trustees of City University since then have done
5 a detailed study of each of the 21 four-year
6 colleges and community colleges within City
7 University and have provided us with a detailed
8 report, school by school, of the numbers of
9 illegal immigrants that attend those educational
10 institutions. The aggregate number is 4003 and
11 if anyone wishes to know, I will be glad to
12 provide specific numbers in each of the schools
13 in question.
14 So now we have before us specific
15 documented information as to the simple fact
16 that within the City University, we have this
17 number of illegal immigrants paying resident
18 tuition being subsidized at approximately $7,000
19 per year per pupil. The survey also indicated
20 that the average length of time such students
21 attend those universities is five years and so
22 we have a subsidy of $35,000 per illegal
23 immigrant over that period of time.
24 I believe this is wrong. I think
25 it is an affront to students who attend those
5178
1 schools, both citizens and non-citizens from all
2 over the world but do so legally.
3 That is the essence of the bill.
4 THE PRESIDENT: Senator Paterson.
5 SENATOR PATERSON: Mr. President,
6 if Senator Padavan would yield for a question.
7 SENATOR PADAVAN: Yes.
8 THE PRESIDENT: Senator Padavan.
9 SENATOR PATERSON: Senator, what
10 is it -- just a point of clarification -- that
11 you feel that we are aware of now that we
12 weren't aware of last year when you and I
13 discussed the bill?
14 SENATOR PADAVAN: I thought that
15 I just said that, Senator. Rather than repeat
16 everything I just said -
17 SENATOR PATERSON: No, I was
18 going to ask you -
19 SENATOR PADAVAN: I told the body
20 that last year we did not have the benefit of a
21 school by school survey done by the Board of
22 Trustees at City University. We have that
23 information now which I think I just shared with
24 everybody. That's the difference.
25 SENATOR PATERSON: Was that for
5179
1 you, Senator?
2 SENATOR PADAVAN: I'm not sure,
3 Senator. Perhaps it's somebody giving us a
4 message. It came from on high but beyond that,
5 I can't comment.
6 SENATOR PATERSON: Senator, let
7 me be more specific. What I'm interested in
8 asking is what were your estimates? In other
9 words, you wrote the bill before the study last
10 year. So what I'm asking you is what was your
11 information last year? How much money did you
12 think it cost the state?
13 SENATOR PADAVAN: In a report
14 that we published on the overall issue of
15 immigration two years ago, '95, where we dealt
16 with the cost of education, both elementary and
17 secondary, we indicated the cost was in excess
18 of 28 million. That's now verifiable. It's
19 even more, actually.
20 THE PRESIDENT: Senator Paterson.
21 SENATOR PATERSON: Now, moving to
22 a different area, Senator Padavan, if you'll
23 continue to yield.
24 SENATOR PADAVAN: Sure.
25 SENATOR PATERSON: The primary
5180
1 use of our higher educational institutions is
2 pedagogic. We're actually trying to promote
3 learning and teaching. The issue of immigration
4 is more of a federal responsibility. Are you
5 saying that this is our last best chance to
6 catch up to these individuals? In other words,
7 if this is the -- an issue -- and I guess your
8 study bears out that it is one -- but the fact
9 still remains is that we have agencies that are
10 prescribed to actually meet these situations
11 where we have people coming into the country who
12 are illegal and my question to you is, how much
13 can you assess the ben... how much can you
14 assess the benefit of what this would accomplish
15 if at the same time we're turning our higher
16 educational institutions into more policing
17 agencies? In other words, you've told us how
18 much we save but you haven't told us how much we
19 would lose.
20 SENATOR PADAVAN: Senator, I
21 don't believe we lose a thing. Let me just
22 clarify that answer. I have in front of me the
23 application for City University and it's almost
24 identical to the application for State
25 University and there's an entire section that
5181
1 deals with non-U.S. citizen. It begins "Where
2 is your country of birth, country of
3 citizenship? Are you a permanent resident? If
4 you're not, have you applied for permanent
5 resident status? If you're a permanent
6 resident, indicate your visa type" and as you
7 know, there are 13 different categories, "your
8 visa expiration date and the number of years you
9 have been in the United States." This
10 information is currently required -- sounds
11 good, Senator. This information is currently
12 required.
13 What we are asking and directing,
14 if this proposal were to become law, is that it
15 be enforced, namely that non-legal immigrants
16 who do not fall in these categories not be
17 permitted to attend our higher -- our schools of
18 higher learning.
19 Now, Senator, it's very ironic
20 that if someone comes from New Jersey across the
21 Brook... the George Washington Bridge and
22 attends City College, they pay a non-resident
23 tuition which is, I think $6800 but if they come
24 from one of the 15 countries, by the way, that
25 this survey I mentioned earlier identified, they
5182
1 pay a resident tuition. Doesn't that strike you
2 as being somewhat bizarre?
3 So, Senator, to answer your
4 question directly, we lose nothing by seeing
5 that what is already a part of the application
6 is appropriately enforced and we gain some $35
7 million per illegal immigrant, money that, in my
8 view, and I'm sure you would agree, is very much
9 needed by City University as we deal with budget
10 problems which continue to this point in time.
11 THE PRESIDENT: Senator Paterson.
12 SENATOR PATERSON: Madam
13 President, thank you very much.
14 If Senator Padavan would continue
15 to yield.
16 THE PRESIDENT: Senator Padavan.
17 SENATOR PADAVAN: Yes, Senator, I
18 would yield.
19 SENATOR PATERSON: Senator, the
20 savings that you project and what was at the -
21 was that your first perusal of the subject an
22 estimate and what was verified by your research
23 is something that I am not -
24 SENATOR PADAVAN: Let me correct
25 you, Senator. It was not my research. It was a
5183
1 survey done by the Board of Trustees of City
2 University where their college presidents in all
3 of the senior colleges and community colleges
4 identified specifically the numbers of illegal
5 immigrants attending their schools. It's not my
6 survey. It was City University's survey.
7 SENATOR PATERSON: Thank you,
8 Senator, for the clarification, but that's
9 exactly my point. When they were doing this
10 survey, I wonder what they would have been doing
11 if they weren't conducting this survey.
12 In other words, my whole point
13 about this whole situation is that we're talking
14 about thousands, tens of thousands of taxpayer
15 dollars that went to do a research survey about
16 immigration when we have a federal agency whose
17 job it is to do that kind of research and you
18 just told us a moment ago that it cost us
19 nothing and now you've just documented that it
20 did cost us something.
21 SENATOR PADAVAN: Senator, then I
22 misunderstood your earlier question. I don't
23 know what this survey costs, actually. I'll
24 take your word for it. Let's say it cost
25 $10,000. The fact remain, I think we have an
5184
1 obligation to the people of this state and the
2 taxpayers and those who attend City University
3 and those who run the University to ensure that
4 those attending the University are doing so
5 legally. I believe that's our obligation, and I
6 think that obligation should be exercised and
7 it's not being and so by this law, if it were to
8 become so, we would be doing what I believe is
9 not only right and proper and appropriate but
10 certainly morally defensible.
11 SENATOR PATERSON: Madam
12 President.
13 THE PRESIDENT: Senator Paterson.
14 SENATOR PATERSON: I am not in
15 disagreement with anything that Senator Padavan
16 said. If this is costing us the rate of
17 revenues that he describes and it was borne out
18 by a study, then I wholeheartedly agree. This
19 is not an attempt to in any way excuse or in any
20 way encourage any illegal residents from making
21 use of facilities or taking benefits away from
22 legal residents or permanent citizens in this
23 country, but the point that I am making is that
24 for the officials at our institutions of higher
25 learning, to be engaging in this kind of
5185
1 research -- if Senator Padavan would yield for a
2 question.
3 SENATOR PADAVAN: Yes.
4 SENATOR PATERSON: Senator
5 Padavan, between the community college, per se,
6 or the United States Immigration and
7 Naturalization Service, who do you presume to be
8 the better authority on assessing whether or not
9 a person is a legal resident or a citizen?
10 SENATOR PADAVAN: Well, that's an
11 easy question to answer, Senator. The
12 application that I referred to earlier -- by the
13 way, I, having filled out these applications for
14 my youngsters, they are very similar to that in
15 the private colleges and universities as well.
16 The same questions are asked.
17 Since this application doesn't go
18 to INS, it goes to City University, they are in
19 a better position to read it and to act upon it
20 and if the appropriate information is not
21 provided, to reject that student as not being
22 legally admissible, not INS. They don't get
23 this document. It's not sent to INS. It's in
24 the admissions office of every college and
25 community college and city university.
5186
1 THE PRESIDENT: Senator Paterson.
2 SENATOR PATERSON: Madam
3 President, on the bill.
4 Senator Padavan, I feel, while
5 having a good issue and identifying an area of
6 great loss to our society in resources, has
7 given the criteria in his argument for what, in
8 my feeling and hopefully the feeling of this
9 membership, makes my case.
10 The ability to determine whether
11 or not individuals are being truthful on their
12 applications, the whole issue of identifying who
13 is or is not a citizen should not be done by
14 people who are not trained in the field, don't
15 necessarily know the subject, certainly are
16 availed to the common stereotypes and prejudices
17 that all individuals have and, in many respects,
18 may in an attempt to follow the edict of this
19 law, actually put a number of citizens who
20 happen to speak a different language, have the
21 accent of the fact that they speak a second
22 language, have the appearance that is similar to
23 that of those who were not necessarily born on
24 the soil in this country and, in many ways, may
25 presume that there is a situation where there is
5187
1 not one.
2 There's no funding in this
3 legislation to provide the training that people
4 in these institutions would require in order to
5 become more adept in requiring this process and
6 in my opinion what it really is going to do is
7 going to make it very difficult for a lot of
8 Americans whose taxpayer dollars are lost just
9 as much as anyone else's tax dollars on the
10 fraudulent conduct of the illegal immigrant but
11 at the same time will suffer really the
12 prejudice of being associated with him and until
13 it's more specific and until it perhaps
14 underlines a way that the federal government and
15 the Immigration Naturalization Service might be
16 able to come on the campuses and conduct their
17 own study or do whatever is within their purview
18 to enforce the law without interfering with the
19 higher educational institutions, I can't support
20 this legislation. It is something that you
21 would probably have to go through yourself and
22 which I haven't personally gone through but it's
23 been described to me by people who have, the
24 feeling of being a citizen in a country and
25 being treated like for some reason you are
5188
1 falsifying information only because you are
2 seeking education in an institution in this
3 country.
4 I recommend that -- a no vote. I
5 understand what Senator Padavan is trying to
6 accomplish. There's no need to restate it any
7 further. I agree with it completely but the
8 process by which we're going about accomplishing
9 it, in my opinion, is not fulfilled by the
10 author of this legislation.
11 THE PRESIDENT: Thank you,
12 Senator Padavan.
13 Senator Waldon was next.
14 SENATOR WALDON: Thank you very
15 much, Madam President.
16 Would the gentleman yield to a
17 question or two, Senator Padavan?
18 SENATOR PADAVAN: Yes.
19 SENATOR WALDON: Senator Padavan,
20 reading on page 2 of the bill, starting with
21 line 10, number 3 says "No later than 45 days
22 after the admissions officer of a public
23 post-secondary educational institution becomes
24 aware of the application, enrollment or
25 attendance of a person determined to be or whose
5189
1 under reasonable suspicion of being in the
2 United States in violation of federal
3 immigration laws, that officer shall provide
4 such information to the commissioner, the
5 attorney general and the United States
6 Immigration and Naturalization Service. Such
7 information shall also be provided to the
8 applicant, enrollee or person admitted."
9 Question -- part one of the
10 question, how is this notification made? Is it
11 on a form or is there a phone call and if the
12 officer of the school fails to make such
13 notification, is he or she under some
14 possibility of penalty?
15 SENATOR PADAVAN: Senator, the
16 method of communication can be anything they
17 wish. We don't proscribe it. If they wish to
18 use a form, if they wish to use a phone call,
19 we're not, frankly, concerned about that, nor do
20 we specify that.
21 Secondly, is there any penalty?
22 No, there's no penalty in the bill for that.
23 SENATOR WALDON: Would the
24 gentleman continue to yield, Madam President?
25 THE PRESIDENT: Senator Padavan,
5190
1 do you continue to yield?
2 SENATOR PADAVAN: Yes.
3 THE PRESIDENT: Senator Waldon.
4 SENATOR WALDON: Senator, for my
5 personal edification, in your preparation for
6 pulling this together and submitting it to
7 our -
8 SENATOR PADAVAN: Could you speak
9 a little louder, Senator? I'm having trouble
10 hearing you.
11 SENATOR WALDON: I apologize for
12 that. It's up, Madam President. You know,
13 sometimes long days dealing with difficult
14 issues like rent control, you get tired.
15 Senator, in your preparation to
16 present this for our consideration, was any
17 information uncovered which showed to you and
18 then you can show to us how many people in the
19 position of these immigrants attending our
20 schools eventually become citizens and of those
21 who become citizens, how many actually pay what
22 I am told is a normal tax revenue generation by
23 such people who work after a college education
24 of $500,000 over the course -
25 SENATOR PADAVAN: To answer your
5191
1 question, no.
2 SENATOR WALDON: Thank you very
3 much, Senator Padavan.
4 Madam President, on the bill. I
5 disagree with Senator Padavan for this proposal
6 and I disagree with Senator Paterson who says
7 that he understands what he's trying to do.
8 I don't understand what he's
9 trying to do and most regrettably, I wish I did,
10 but what I think is most important about this
11 great country, America, home of the free, land
12 of the brave, that everybody ought to be given a
13 chance to come here and to become a productive
14 citizen, and I would submit that most of the
15 people who attend our universities, once exposed
16 to our educational system, will eventually
17 become citizens. That's my belief, but even if
18 not, they will become better taxpayers because
19 they have a higher education and will earn more.
20 I think it's being penny-wise and
21 pound-foolish to be exclusive in any way but to
22 exclude those who are seeking the potential to
23 better their condition, to have better jobs, to
24 raise better children, to be more a part of this
25 fabric of America some people call the feltwork,
5192
1 patchwork, whatever you want to call it, the
2 rainbow, whatever you want to call it, but I
3 believe if they are given the opportunity, they
4 will be just like the sons and daughters who sit
5 in this chamber, some generations removed, of
6 immigrants who came here and made their mark by
7 working hard, working jobs that were very
8 difficult, very laborious, very demanding to
9 ensure that their children had a right to be all
10 that they can be.
11 I think we ought to give these
12 people a chance. The history of America is that
13 we have always given people a chance, and I
14 don't see why we have to start excluding them in
15 1997.
16 Thank you very much, Madam
17 President.
18 THE PRESIDENT: Thank you,
19 Senator Waldon.
20 SENATOR SKELOS: Madam President.
21 THE PRESIDENT: Senator Skelos.
22 SENATOR SKELOS: There will be an
23 immediate meeting of the Rules Committee in Room
24 328, that's the small conference room, not the
25 normal conference room.
5193
1 THE PRESIDENT: There will be an
2 immediate meeting of the Rules Committee in Room
3 328.
4 SENATOR LEICHTER: Madam -
5 Senator -
6 THE PRESIDENT: Senator
7 Stachowski.
8 SENATOR STAVISKY: Senator
9 Stavisky.
10 THE PRESIDENT: I mean Stavisky.
11 Sorry.
12 SENATOR STAVISKY: We always get
13 our correspondence mixed up.
14 THE PRESIDENT: Well, I have
15 three people standing, but I have recognized
16 Senator Stavisky.
17 SENATOR LEICHTER: Madam
18 President, on a point of order. Since there's a
19 meeting of the Rules Committee and some of us
20 wish to be recorded on this -
21 THE PRESIDENT: Yes.
22 SENATOR LEICHTER: -- bill, would
23 you be so kind as -- with the consent of the
24 Acting Majority Leader, read the last section so
25 those of us going to the Rules Committee could
5194
1 be recorded on the bill, please.
2 THE PRESIDENT: Mr. Secretary,
3 will you read the last section, please.
4 Senator Holland.
5 SENATOR HOLLAND: No objection.
6 THE PRESIDENT: Thank you.
7 THE SECRETARY: This act shall
8 take effect in 180 days.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE PRESIDENT: Senator Leichter.
12 SENATOR LEICHTER: Yes. Would
13 you please record me in the negative.
14 THE PRESIDENT: Senator Santiago.
15 SENATOR SANTIAGO: I would like
16 to be recorded in the negative.
17 THE PRESIDENT: Thank you.
18 Anyone else at this time?
19 Okay. Senator Stavisky, are you
20 standing to speak or to be recorded in the
21 negative?
22 SENATOR HOLLAND: Committee
23 members.
24 THE PRESIDENT: Senator Mendez.
25 SENATOR MENDEZ: Madam President,
5195
1 I would like to be recorded in the negative.
2 However, I have a couple of questions that I
3 want to ask Senator Padavan before I go to the
4 Rules Committee meeting.
5 THE PRESIDENT: Yes, she has
6 Rules. Just a moment, please.
7 SENATOR HOLLAND: Are they all
8 Rules Committee members? That's what we were
9 talking about.
10 THE PRESIDENT: Yes.
11 SENATOR HOLLAND: They are all
12 Rules Committee members.
13 THE PRESIDENT: Senator Mendez is
14 a Rules Committee member.
15 Senator Stavisky, are you also a
16 Rules Committee member?
17 SENATOR STAVISKY: No, I am not
18 asking to be recorded. I am asking to speak.
19 THE PRESIDENT: I will recognize
20 you in just a moment.
21 SENATOR MENDEZ: I believe that I
22 went -
23 THE PRESIDENT: Are you going to
24 record in the negative first so I can withdraw
25 the roll, please?
5196
1 SENATOR MENDEZ: I want to ask
2 two questions to Senator Padavan prior to going.
3 SENATOR PADAVAN: Madam
4 President.
5 THE PRESIDENT: Senator Padavan.
6 SENATOR PADAVAN: You had a
7 request made earlier. The last section was read
8 and a roll call. So I can't answer a question
9 now, Senator. There's a roll call. You have to
10 either vote after the roll call.
11 THE PRESIDENT: After the roll
12 call you can ask your questions.
13 SENATOR MENDEZ: After?
14 THE PRESIDENT: Would you care to
15 record your vote in the negative?
16 SENATOR MENDEZ: Yes.
17 THE PRESIDENT: Yes. Withdraw
18 the roll call, please.
19 Senator Paterson.
20 SENATOR PATERSON: Madam
21 President, I'm really glad I came in today
22 because we're going to have chaos in this
23 chamber and the problem is that we're calling
24 these committee meetings off the floor and in
25 many respects they're interfering with the roll
5197
1 call.
2 Now, Senator Mendez, I think is
3 right. If you stop to think about it, why would
4 she ask questions after she voted and what
5 should happen is we should withdraw the roll
6 call, let Senator Mendez ask her questions.
7 When she's finished, we invoke the roll call to
8 let her vote and she can go to the Rules
9 Committee.
10 THE PRESIDENT: We could do
11 that. We just can't have the debate during the
12 roll call.
13 What is your preference, Senator
14 Mendez? Do you want to be recorded in the
15 negative before or afterwards?
16 SENATOR MENDEZ: I want to be
17 recorded in the negative but it is equally
18 important to me to ask Senator Padavan a couple
19 of questions.
20 THE PRESIDENT: That's fine.
21 We're going to close the roll call. Withdraw it
22 and now, Senator Mendez -- Senator Stavisky,
23 would you please let Mrs. -
24 SENATOR STAVISKY: I would
25 waive -
5198
1 THE PRESIDENT: Thank you.
2 SENATOR STAVISKY: -- with the
3 proviso that I would be recognized immediately.
4 THE PRESIDENT: You will be.
5 Senator Mendez.
6 SENATOR MENDEZ: Thank you, Madam
7 President.
8 Thank you, Senator Stavisky.
9 I wonder, Madam President, if
10 Senator Padavan would yield for just a couple of
11 questions.
12 THE PRESIDENT: Senator Padavan.
13 SENATOR PADAVAN: Yes, Senator.
14 SENATOR MENDEZ: Senator Padavan,
15 are you aware that the United States Supreme
16 Court unequivocally placed the power to regulate
17 immigration into the hands of the federal
18 government?
19 SENATOR PADAVAN: Fundamentally,
20 you're correct. However, in the recent
21 Immigration Reform Act that was adopted, there's
22 many, many provisions that require states to
23 cooperate in a variety of ways. However,
24 fundamentally, immigration is a federal matter,
25 yes.
5199
1 SENATOR MENDEZ: Are you aware
2 then, in New York State, if we all vote for your
3 bill, wouldn't you say that this bill of yours
4 will end up being unconstituional because -
5 SENATOR PADAVAN: Oh, no, no.
6 Senator, quite to the contrary.
7 SENATOR MENDEZ: Why not?
8 SENATOR PADAVAN: I don't know if
9 you were in the chamber earlier when I shared
10 with the members the City University and State
11 University application form which deals
12 specifically and always has, as far as I can
13 remember, with the issue of citizenship or
14 non-citizenship and legal resident. That's
15 always been the case.
16 So what we're saying here very
17 directly is if someone does not meet what is
18 already a requirement, that that person should
19 be denied admission.
20 So, therefore, it is not
21 unconstituional. It is very much
22 constitutional. We have -- we certainly have a
23 right to ensure that people who either are
24 attending City University, receiving public
25 assistance, a variety of programs that are
5200
1 either directly subsidized or partially
2 subsidized by the state are provided to people
3 who are legal residents. That is well within
4 our constitutional authority.
5 SENATOR MENDEZ: In this
6 instance -
7 THE PRESIDENT: Senator Mendez.
8 SENATOR MENDEZ: Thank you, Madam
9 President.
10 In this instance, the main point
11 that I want to make is that a bill such as this
12 would -- could be declared unconstituional
13 because -- because the State University employee
14 personnel shouldn't be in charge of finding out
15 who is illegal and who is not illegal. That
16 function of finding out who is in the country,
17 whether illegal or not, that is a federal
18 function and, therefore, by us passing bills
19 like this, we are in a sense interfering with
20 federal government and we shouldn't. Really,
21 Senator Padavan, you are a great Senator but
22 you're behaving in this instance -
23 SENATOR PADAVAN: I said I would
24 yield to a question. What is it?
25 SENATOR MENDEZ: Yes. I finished
5201
1 the question. I'm making a statement. I don't
2 know why this bill -- your insistence and
3 persistence in going after the illegal aliens
4 reminds me of that famous character in Les
5 Miserables. Remember the police officer that
6 kept persistently after Jean Valjean, Madam
7 President, he is doing exactly the same thing as
8 that character in that novel.
9 I vote no.
10 THE PRESIDENT: Thank you,
11 Senator Mendez.
12 Senator Stavisky, thank you for
13 your waiting.
14 SENATOR STAVISKY: Madam
15 President, I will ask no questions of the
16 sponsor. I will speak on the bill and prefer to
17 do it that way.
18 Why does NYSUT, New York State
19 United Teachers oppose this legislation and
20 those of us who have had a close relationship
21 with NYSUT should read their memo in opposition
22 when they say this bill would turn admissions
23 officers into, in essence, immigration officers
24 by requiring them to investigate all students
25 enrolled in the University to determine whether
5202
1 or not they are illegal immigrants.
2 This is not the role of the
3 admissions officers nor is it the role of the
4 institution of higher education. It is the role
5 of the admissions officer to determine whether
6 the applicant will be able to successfully
7 complete the educational requirements that would
8 lead to obtaining a degree. If the applicant
9 fulfills this criteria, then he or she should
10 not be denied access, and I conclude by saying
11 New York State United Teachers strongly,
12 strongly urges the defeat of this bill.
13 What Senator Mendez was referring
14 to a few moments ago was the 1982 Supreme Court
15 decision which struck down a Texas law that
16 barred the children of illegal immigrants of
17 attending public school. They ruled that all
18 children residing in the U.S. are entitled to
19 public education and that denying such children
20 an education would irreparably harm them.
21 SENATOR PADAVAN: Madam
22 President, will the Senator yield?
23 SENATOR STAVISKY: Not at this
24 point. Congress, in its desire to tighten up on
25 immigration, did not bar even illegal immigrants
5203
1 from applying to or enrolling or attending a
2 publicly supported institution of higher
3 education, and I think that that is the
4 important issue.
5 Even in the desire to cut down on
6 illegal immigration, Congress did not go so far
7 as Senator Padavan is seeking to do with regard
8 to this legislation.
9 I think that there is a confusion
10 of roles. If he dislikes immigrants, he should
11 say so. If he wants them to be kept in a
12 cubbyhole or in confinement, he should make that
13 point but do not deny them the opportunity to
14 improve their lot, to become better paying
15 taxpayers and to make a contribution, a real
16 contribution to the state and to the nation, and
17 that is the basis on which this issue should be
18 addressed. It is not a question of who's on
19 first, what's on second and I don't know who's
20 on third but that reminds me of Senator
21 Padavan's bill. Who's on first? What's on
22 second, and I don't know who's on third.
23 This is not an Abbott and
24 Costello routine. This is the opportunity to
25 provide the one avenue of upward mobility to
5204
1 people who are in need of education.
2 I don't know why Senator Padavan
3 -- and I forgive him for my use of the word,
4 Senator Padavan. I do not know why he has this
5 fetish to restrict immigrants in this manner,
6 why he would erode the whole purpose of the law,
7 why he would make the admissions application -
8 which may itself be unconstituional -- why he
9 would make the admissions application an
10 opportunity to deny educational opportunities
11 for people.
12 I do not believe we are right in
13 restricting the role of the admissions officer
14 to that of a super-duper detective and to force
15 that admissions officer to take positions that
16 are not in keeping with the requirement. The
17 admissions officer has enough to do in
18 determining whether or not the individual is
19 qualified, is ready for an education. We know
20 the difficulty in coming from another part of
21 the world. It is no fun to come to a place
22 where you do not know the language.
23 I would ask anyone, including the
24 sponsor of this bill, how far he would get if he
25 was suddenly transported to a country where
5205
1 English is not the primary language. Would he
2 pass a second grade reading test? Maybe not.
3 Maybe he would be able to fake it or proceed on
4 the basis of trying to cope, but that is not
5 what the State University, the City University
6 should be doing. It is not the function of any
7 university to preempt the role of the federal
8 government in the question of immigration.
9 Having said that, I will now
10 yield to whatever question the sponsor has.
11 THE PRESIDENT: Thank you.
12 Senator Padavan.
13 SENATOR PADAVAN: You indicated
14 the constitutional mandate relevant to a primary
15 and secondary education must be afforded
16 irrespective of any immigration status. Did I
17 hear you correctly?
18 SENATOR STAVISKY: I said that
19 was the Texas case.
20 SENATOR PADAVAN: Yes. Any
21 Supreme Court decision, any congressional law,
22 anything that relates to secondary education -
23 higher education -- not secondary -- higher
24 education?
25 SENATOR STAVISKY: Senator
5206
1 Padavan, if Congress wanted to restrict this
2 access, they would have done so, through federal
3 legislation.
4 SENATOR PADAVAN: That's not the
5 question. You cited a specific federal mandate
6 given by the Supreme Court of the United States
7 where they more accurately mandated that
8 education should be provided in the elementary
9 and secondary schools irrespective of
10 immigration status.
11 Now, my question to you is, did
12 the court or the Congress make a similar mandate
13 for higher education? The answer can either be
14 yes or no.
15 SENATOR STAVISKY: The answer is
16 no.
17 SENATOR PADAVAN: Thank you,
18 Senator.
19 SENATOR STAVISKY: Because no way
20 would anyone be silly enough to presume that a
21 bill like this would be presented in the New
22 York State Legislature. This is not the place
23 for us to play Robocop with immigration which is
24 truly a federal responsibility, and there is
25 nothing in the court, nothing in the
5207
1 Constitution to say that we, a priori, should
2 take this ill-conceived mean-spirited approach
3 to legislation affecting immigrants.
4 We have enough to do to try to
5 make the colleges better. We do not accomplish
6 that by turning off the faucet of opportunity
7 based on what the sponsor of this bill would
8 like to preoccupy the admissions officer's time
9 with, and so, for these reasons, I'm going to
10 vote no.
11 For those of you who feel that
12 NYSUT regrets your judgment on educational
13 issues, I would ask you to join in a no vote on
14 this bill. Thank you.
15 THE PRESIDENT: Does anyone else
16 wish to speak on this bill? Read the last
17 section, please.
18 THE SECRETARY: This act shall
19 take effect in 180 days.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll. )
22 SENATOR STAVISKY: May I request
23 a slow roll call on this?
24 THE PRESIDENT: Slow roll call.
25 THE SECRETARY: Senator Abate.
5208
1 SENATOR ABATE: No.
2 THE SECRETARY: Senator Alesi.
3 (There was no response. )
4 Senator Breslin.
5 SENATOR BRESLIN: No.
6 THE SECRETARY: Senator Bruno.
7 (Affirmative indication. )
8 THE SECRETARY: Yes.
9 Senator Connor.
10 (Negative indication. )
11 THE SECRETARY: Senator Cook.
12 SENATOR COOK: Yes.
13 THE SECRETARY: Senator
14 DeFrancisco.
15 (There was no response. )
16 Senator Dollinger.
17 SENATOR DOLLINGER: No.
18 THE SECRETARY: Senator Farley.
19 (There was no response. )
20 Senator Gentile.
21 SENATOR GENTILE: No.
22 THE SECRETARY: Senator Gold.
23 SENATOR GOLD: No.
24 THE SECRETARY: Senator
25 Gonzalez.
5209
1 SENATOR GONZALEZ: No.
2 THE SECRETARY: Senator Goodman.
3 SENATOR GOODMAN: Yes.
4 THE SECRETARY: Senator Hannon.
5 (There was no response. )
6 Senator Hoffmann.
7 SENATOR HOFFMANN: Yes.
8 THE SECRETARY: Senator Holland.
9 SENATOR HOLLAND: Yes.
10 THE SECRETARY: Senator Johnson.
11 (There was no response. )
12 Senator Kruger.
13 SENATOR KRUGER: No.
14 THE SECRETARY: Senator Kuhl.
15 SENATOR KUHL: Aye.
16 THE SECRETARY: Senator Lachman.
17 SENATOR LACHMAN: Nay.
18 THE SECRETARY: Senator Lack.
19 (There was no response. )
20 Senator Larkin.
21 (There was no response. )
22 Senator LaValle.
23 (There was no response. )
24 Senator Leibell.
25 SENATOR LEIBELL: Aye.
5210
1 THE SECRETARY: Senator Leichter
2 voting in the affirmative earlier.
3 Senator Levy.
4 SENATOR LEVY: Aye.
5 THE SECRETARY: Senator Libous.
6 (There was no response. )
7 Senator Maltese.
8 SENATOR MALTESE: Aye.
9 THE SECRETARY: Senator
10 Marcellino.
11 SENATOR MARCELLINO: Aye.
12 THE SECRETARY: Senator Marchi.
13 (There was no response. )
14 Senator Markowitz.
15 SENATOR MARKOWITZ: No.
16 THE SECRETARY: Senator Maziarz.
17 SENATOR MAZIARZ: Yes.
18 THE SECRETARY: Senator Meier.
19 SENATOR MEIER: Yes.
20 THE SECRETARY: Senator Mendez
21 voting in the negative earlier.
22 Senator Montgomery.
23 SENATOR MONTGOMERY: No.
24 THE SECRETARY: Senator Nanula.
25 SENATOR NANULA: No.
5211
1 THE SECRETARY: Senator
2 Nozzolio.
3 (There was no response. )
4 Senator Onorato.
5 (There was no response. )
6 Senator Oppenheimer.
7 SENATOR OPPENHEIMER: No.
8 THE SECRETARY: Senator Padavan.
9 SENATOR PADAVAN: Aye.
10 THE SECRETARY: Senator
11 Paterson.
12 SENATOR PATERSON: No.
13 THE SECRETARY: Senator Present.
14 SENATOR PRESENT: Aye.
15 THE SECRETARY: Senator Rath.
16 SENATOR RATH: Aye.
17 THE SECRETARY: Senator Rosado.
18 SENATOR ROSADO: No.
19 THE SECRETARY: Senator Saland.
20 (There was no response. )
21 Senator Sampson.
22 SENATOR SAMPSON: No.
23 THE SECRETARY: Senator Santiago
24 voting in the negative earlier.
25 Senator Seabrook.
5212
1 SENATOR SEABROOK: No.
2 THE SECRETARY: Senator Seward.
3 SENATOR SEWARD: Yes.
4 THE SECRETARY: Senator Skelos.
5 SENATOR SKELOS: Yes.
6 THE SECRETARY: Senator Smith.
7 SENATOR SMITH: No.
8 THE SECRETARY: Senator Spano.
9 SENATOR SPANO: Aye.
10 THE SECRETARY: Senator
11 Stachowski.
12 SENATOR STACHOWSKI: Yes.
13 THE SECRETARY: Senator
14 Stafford.
15 SENATOR STAFFORD: Aye.
16 THE SECRETARY: Senator
17 Stavisky.
18 SENATOR STAVISKY: No.
19 THE SECRETARY: Senator Trunzo.
20 SENATOR TRUNZO: Yes.
21 THE SECRETARY: Senator Tully.
22 SENATOR TULLY: AYE.
23 THE SECRETARY: Senator Velella.
24 SENATOR VELELLA: Yes.
25 THE SECRETARY: Senator Volker.
5213
1 SENATOR VOLKER: Yes.
2 THE SECRETARY: Senator Waldon.
3 (Negative indication. )
4 THE SECRETARY: No.
5 Senator Wright.
6 SENATOR WRIGHT: AYE.
7 THE PRESIDENT: Absentees,
8 please.
9 THE SECRETARY: Senator Alesi.
10 SENATOR ALESI: Yes.
11 THE SECRETARY: Senator
12 DeFrancisco.
13 SENATOR DeFRANCISCO: Yes.
14 THE SECRETARY: Senator Farley.
15 SENATOR FARLEY: Aye.
16 THE SECRETARY: Senator Hannon.
17 SENATOR HANNON: Yes.
18 THE SECRETARY: Senator Johnson.
19 SENATOR JOHNSON: Aye.
20 THE SECRETARY: Senator Lack.
21 SENATOR LACK: Aye.
22 THE SECRETARY: Senator Larkin.
23 SENATOR LARKIN: Aye.
24 THE SECRETARY: Senator LaValle.
25 SENATOR LAVALLE: Aye.
5214
1 THE SECRETARY: Senator Libous.
2 SENATOR LIBOUS: Aye.
3 THE SECRETARY: Senator Marchi.
4 SENATOR MARCHI: Aye.
5 THE SECRETARY: Senator
6 Nozzolio.
7 SENATOR NOZZOLIO: Aye.
8 THE SECRETARY: Senator Onorato.
9 SENATOR ONORATO: No.
10 THE SECRETARY: Senator Saland.
11 (There was no response. )
12 THE PRESIDENT: Results, please.
13 THE SECRETARY: Ayes 37, nays
14 23.
15 THE PRESIDENT: The bill is
16 passed.
17 SENATOR HOLLAND: Mr. President.
18 THE PRESIDENT: Yes, Senator
19 Holland.
20 SENATOR HOLLAND: Could we move
21 on to Calendar Number 1200, please.
22 THE PRESIDENT: Yes. Secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 1200, by Senator Padavan, Senate Print 3035, an
5215
1 act to amend the Real Property Law, in relation
2 to occupation of premises for unlawful purpose.
3 THE PRESIDENT: Read the last
4 section, please.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll. )
9 THE SECRETARY: Ayes 61.
10 SENATOR GOLD: I believe an
11 explanation was called for by Senator Leichter.
12 THE PRESIDENT: I'm sorry. There
13 was so much noise in here.
14 SENATOR GOLD: Wasn't your fault,
15 Madam President. I know you're doing your
16 best.
17 Speak up.
18 THE PRESIDENT: An explanation
19 was requested, Mr. Secretary.
20 SENATOR GOLD: On the other hand,
21 he decided the explanation is satisfactory.
22 THE PRESIDENT: Call the roll,
23 please.
24 (The Secretary called the roll. )
25 THE SECRETARY: Ayes 61.
5216
1 THE PRESIDENT: The bill is
2 passed.
3 Senator Levy. I'm sorry.
4 SENATOR LEVY: Yes, thank you
5 very much. There will be an immediate meeting
6 of the Committee on Transportation.
7 THE PRESIDENT: Where?
8 SENATOR LEVY: That's a pretty
9 good question. We'll have it in 332. We'll
10 have it in 332.
11 THE PRESIDENT: Senator Levy.
12 SENATOR LEVY: Yes, in 332.
13 THE PRESIDENT: In Room 332 there
14 will be an immediate meeting of the Transporta
15 tion Committee in Room 332.
16 The Secretary will read.
17 THE SECRETARY: Calendar Number
18 1202, by Senator Maltese, Senate Print 3564, an
19 act to amend the Penal Law, in relation to
20 placing a false bomb.
21 THE PRESIDENT: An explanation is
22 requested.
23 SENATOR MALTESE: Madam
24 President.
25 THE PRESIDENT: Senator Maltese.
5217
1 SENATOR MALTESE: The purpose of
2 this bill is to create the crime of placing a
3 false bomb in the first and second degree. The
4 existing law makes the placing of the false bomb
5 a Class A misdemeanor. This bill would amend
6 that law to create the crime of placing a false
7 bomb in the second degree, a Class A
8 misdemeanor, in addition to creating the crime
9 of placing a false bomb in the first degree. A
10 person is guilty of falsely placing a bomb in
11 the first degree when he or she commits the
12 crime of placing the bomb and has been
13 previously convicted of such, or commits the
14 crime of placing a false bomb and an emergency
15 service member or similar governmental person
16 responding or at the scene or leaving the scene
17 of that site is either killed or suffers serious
18 injury.
19 This particular legislation is a
20 New York City program bill. The reason for the
21 legislation is that reporting a false bomb was
22 previously a -- not a crime. It was made a
23 crime in approximately 1990. Then the crime was
24 added to in that either responding to it or
25 leaving from the scene if someone was seriously
5218
1 hurt or killed, that was made a more serious
2 crime and at the time that was made a class E
3 felony, there was not -
4 THE PRESIDENT: Could we have a
5 little quiet so we can hear Senator Maltese.
6 SENATOR MALTESE: There was not a
7 similar statute enacted to placing a false bomb
8 so you had an inequity or an inconsistency where
9 reporting it was a misdemeanor, having a person
10 suffer serious injury or being killed was a
11 Class E felony, and if the same thing happened
12 for actually placing the bomb, that would not be
13 a Class E felony.
14 Much of this legislation arose
15 from actual situations where persons were
16 killed, in one case a person in Nassau County
17 when they -- an emergency vehicle was reaching
18 the scene of the placing -- the reporting of a
19 false bomb.
20 THE PRESIDENT: Senator
21 Paterson.
22 SENATOR PATERSON: Mr. President
23 -- Madam President, I'm sorry. If the sponsor
24 would yield for a question.
25 THE PRESIDENT: Senator Maltese,
5219
1 would you please yield for a question?
2 SENATOR MALTESE: Yes.
3 SENATOR PATERSON: Senator, are
4 you offering us in this legislation the
5 opportunity to convict someone based on the fact
6 that they have already committed the second
7 degree of this crime and then the replication of
8 that creates the first degree, or is there a way
9 that a person can be found guilty of this
10 offense -- we're speaking about Calendar Number
11 1202, and then we'll do the one -- simply
12 through one action.
13 SENATOR MALTESE: Madam
14 President, I think I lost the syntax, but the
15 answer is yes. In other words, we are adding to
16 the prior misdemeanor, Class A misdemeanor, an
17 additional class E felony if one of the
18 categories is that the person has been
19 previously convicted of the Class A misdemeanor
20 of either placing, in other words placing a
21 false bomb.
22 THE PRESIDENT: Senator
23 Paterson.
24 SENATOR PATERSON: Thank you,
25 Madam President.
5220
1 Senator Maltese, would you
2 further clarify what you referred to earlier as
3 involving the intervention of emergency
4 personnel and injuries resulting from that
5 intervention?
6 SENATOR MALTESE: I was hoping
7 you'd ask that, Senator Paterson, yes.
8 The Penal Law specifically
9 defines "emergency vehicle" as shall include any
10 vehicle operated by any employee or member of
11 any official or quasi-official agency having the
12 function of dealing with emergencies involving
13 danger to life or property and shall include but
14 not necessarily be limited to an emergency
15 vehicle which is operated by a volunteer
16 firefighter with a fire department, fire company
17 or any unit thereof as defined in the Volunteer
18 Firefighters Benefit Law, or by a voluntary
19 ambulance worker with a volunteer ambulance
20 corporation or any unit thereof as defined in
21 the Volunteer Ambulance Workers Benefit Law.
22 SENATOR PATERSON: Thank you. If
23 the sponsor would yield for one last question.
24 THE PRESIDENT: Senator Maltese,
25 would you continue to yield?
5221
1 SENATOR MALTESE: Yes.
2 THE PRESIDENT: Senator does.
3 SENATOR PATERSON: Senator
4 Maltese, are there any other questions you'd
5 like me to ask you?
6 SENATOR MALTESE: No. Thank you
7 very much, Senator Paterson.
8 SENATOR PATERSON: I'm Senator
9 Maltese's foil. Horatio was Hamlet's foil, and
10 I am his. No further questions.
11 THE PRESIDENT: Senator
12 Dollinger.
13 SENATOR DOLLINGER: Madam
14 President, I believe there's an amendments at
15 the desk.
16 THE PRESIDENT: Yes.
17 SENATOR DOLLINGER: I'd waive its
18 reading and ask that I be heard on it briefly.
19 THE PRESIDENT: Yes, yes.
20 SENATOR DOLLINGER: Madam Presi
21 dent, this amendment that I propose actually
22 encapsulates a bill that I believe I've
23 forwarded a copy of this bill to Senator
24 Maltese, because it deals with the same problem
25 as Senator Maltese's deals with. His bill
5222
1 deals, as I understand it, with leaving a false
2 bomb, creating appearances that lead to anxiety,
3 confusion, stress, in some cases panic which
4 have the exact kinds of consequences of people
5 fleeing buildings and trying to remove
6 themselves to buildings that lead to stampedes
7 and trampling, but what my bill attempts to do,
8 and the reason I offered this amendment is
9 because it deals with the other side of the
10 problem.
11 The problem is what happens when
12 someone calls in a false bomb threat? Currently
13 there's an anomaly in the law depending on where
14 you call the threat in to. If you call the
15 threat in to the federal building in Albany,
16 it's punishable as a federal offense. If you
17 call in the same bomb threat to a state building
18 it's punished as a state offense, and there's a
19 significant difference in the penalties attached
20 in both instances.
21 Under the federal law, calling in
22 a false bomb threat is punishable by up to five
23 years imprisonment. If it's state law, it's
24 only a misdemeanor punishable by up to two years
25 imprisonment. This bill -- what this amendment
5223
1 seeks to do is remove that anomaly between the
2 federal law and what the federal offense is, so
3 what this amends the bill to do is to make it a
4 felony to call in both to the federal system and
5 in the state system, to call in a false bomb
6 threat.
7 SENATOR GOLD: Senator, would the
8 Senator yield to a question?
9 THE PRESIDENT: Senator, would
10 you yield?
11 SENATOR DOLLINGER: Yes, sir.
12 SENATOR GOLD: Madam President,
13 if I understand this amendment, it makes it
14 stricter for those who violate the law.
15 SENATOR DOLLINGER: That's
16 correct, Senator Gold. What try to do by this
17 amendment is alleviate the disparity between
18 calling in a bomb threat to a federal building
19 which is a felony, and calling the same threat
20 in to a state building which is a misdemeanor.
21 Seems to me the amendment makes good sense. It
22 would establish a parity between the state and
23 the federal system, and it would send a message
24 to everybody that calling in a false bomb threat
25 is not a hoax. It's not a hoax; it's not
5224
1 something you do willy-nilly. It's a crime and
2 it's something that deserves to be severely
3 punished.
4 I offer the amendment, Madam
5 President.
6 THE PRESIDENT: The question is
7 on the amendment. All those in favor, please
8 signify by saying Aye.
9 (Response of "Aye.")
10 Those opposed nay.
11 (Response of "Nay. ")
12 THE PRESIDENT: The amendment is
13 defeated.
14 Read the last section, please.
15 THE SECRETARY: Section 3. This
16 act shall take effect on the first day of
17 November.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 61.
21 THE PRESIDENT: The bill is
22 passed.
23 The Secretary will read, please.
24 THE SECRETARY: Calendar Number
25 1190, by Senator Wright, Senate Print 1417, an
5225
1 act to amend the Workers' Compensation Law, in
2 relation to appeals of premium increases for
3 workers' compensation insurance.
4 SENATOR LEICHTER: Explanation.
5 THE PRESIDENT: Senator Wright.
6 SENATOR WRIGHT: Thank you, Madam
7 President.
8 The bill provides a new section
9 to the Workers' Compensation Law. The section
10 establishes an administrative appeals process
11 for employers who wish to challenge a change in
12 the experience rating issue under a Workers'
13 Comp. policy.
14 At the present time, there is no
15 procedure.
16 SENATOR STACHOWSKI: Madam
17 President.
18 THE PRESIDENT: Senator
19 Stachowski.
20 SENATOR STACHOWSKI: Would
21 Senator Wright yield?
22 THE PRESIDENT: Senator Wright?
23 SENATOR WRIGHT: Yes, I will.
24 SENATOR STACHOWSKI: Senator,
25 first off, why would this bill authorize -- why
5226
1 would the bill authorize the Workmen's Comp.
2 Board to determine the appeals rather than the
3 Insurance Department? The Insurance Department
4 approves rate increases and, therefore, seems
5 better prepared? Why would they pass this other
6 obligation on to the Workers' Comp. Board who
7 doesn't have any experience in this area?
8 SENATOR WRIGHT: Well, in terms
9 of the Comp. Board itself, they're involved in
10 the experience rating on the claims and the
11 claims process are inherent in the experience
12 rating establishment.
13 SENATOR STACHOWSKI: I can't hear
14 you.
15 THE PRESIDENT: Senator Wright.
16 SENATOR STACHOWSKI: Will you
17 repeat that? I'm sorry. I couldn't hear you.
18 SENATOR WRIGHT: Yes, we're
19 talking about changes in experience ratings
20 which are driven by claims which are the
21 responsibility of the Workers' Comp. Board.
22 THE PRESIDENT: Senator
23 Stachowski.
24 SENATOR STACHOWSKI: Senator
25 continue to yield?
5227
1 Currently the Insurance
2 Department would grant approval of deviations
3 from approved rates. I think they do that now.
4 SENATOR WRIGHT: Would you
5 clarify the question, please?
6 SENATOR STACHOWSKI: This
7 deviation in the approved rate that is now going
8 to be given to the Workers' Comp. Board,
9 currently when the rates are set, the state
10 Insurance Department does that currently. Why
11 are we moving that on to another area?
12 SENATOR WRIGHT: Well, we're
13 not. What we're doing is dealing with the
14 experience rating portion which is driven by
15 claims. That's the purview of the Workers'
16 Comp. Board. At the present time, when one has
17 difficulties with the change in experience
18 rating, you are not provided an explanation or a
19 detail from the Comp. Board, so we're trying to
20 put in place a mechanism that would provide that
21 explanation.
22 THE PRESIDENT: Senator
23 Stachowski.
24 SENATOR STACHOWSKI: In this
25 bill, Senator, there's -- is there any cost for
5228
1 the training of the judges and the attorneys or
2 would it be less expensive to continue to have
3 the Insurance Department hear appeals?
4 SENATOR WRIGHT: Actually, we
5 don't see any costs being incurred here. They
6 are currently completing the experience rating.
7 Based on those claims, we're simply asking for a
8 justification when it's changed, and a
9 justification. That's information that's
10 readily available to them.
11 SENATOR STACHOWSKI: Thank you.
12 Thank you.
13 SENATOR WRIGHT: Thank you.
14 THE PRESIDENT: Read the last
15 section, please.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the 90th day.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 61.
21 THE PRESIDENT: The bill is
22 passed.
23 SENATOR SKELOS: Madam President,
24 if we could just stand at ease.
25 THE PRESIDENT: Yes, the Senate
5229
1 will stand at ease.
2 (Whereupon at 5:03 p.m., the
3 Senate stood at ease until 5:39 p.m.)
4 THE PRESIDENT: The Senate will
5 come to order.
6 SENATOR SKELOS: Madam President,
7 could we return to reports of standing
8 committees. I believe there's a report of the
9 Rules Committee at the desk. I ask that it be
10 read.
11 THE PRESIDENT: The Secretary
12 will read.
13 THE SECRETARY: Senator Bruno,
14 from the Committee on Rules, offers up the
15 following bills:
16 Senate Print 140, by Senator
17 Waldon, an act to amend the Criminal Procedure
18 Law;
19 316, by Senator Skelos, an act to
20 amend the County Law and the General Municipal
21 Law;
22 1346, by Senator Larkin, an act
23 to amend the Vehicle and Traffic Law;
24 1854, by Senator Padavan, an act
25 to amend the Public Authorities Law;
5230
1 2334-A, by Senator Velella, an
2 act to amend the Penal Law;
3 2340, by Senator Kuhl, an act to
4 amend the Environmental Conservation Law;
5 2618-A, by Senator Lachman, an
6 act to amend the Public Authorities Law;
7 3658, by Senator Goodman, an act
8 to amend the Alcoholic Beverage Control Law;
9 4004, by Senator Present, an act
10 to amend the Environmental Conservation Law;
11 4435, by Senator Trunzo, an act
12 to amend the Retirement and Social Security Law;
13 4526-A, by Senator Skelos, an act
14 to amend the Real Property Tax Law;
15 4553-A, by Senator Volker, an act
16 to amend the Civil Practice Law and Rules;
17 4716-A, by Senator Libous, an act
18 to authorize the village of Johnson City;
19 4726, by Senator Trunzo, an act
20 to amend the Civil Service Law;
21 4734-A, by Senator Farley, an act
22 to amend the General Obligations Law;
23 4839, by Senator Velella, an act
24 authorizing the city of New York;
25 4858, by Senator Spano, an act to
5231
1 amend the Local Finance Law;
2 5065-A, by Senator Marcellino, an
3 act to amend the General Business Law;
4 5206, by Senator Hannon, an act
5 to amend the Facilities Development Corporation
6 Act;.
7 5253, by Senator Maziarz, an act
8 to amend the State Finance Law;
9 5259, by Senator Skelos, an act
10 to amend the Correction Law;
11 5262-A, by Senator Padavan, an
12 act to amend the New York City charter;
13 5269-A, by Senator Stafford, an
14 act authorizing the town of Schroon;
15 5270, by Senator Rosado, an act
16 authorizing the city of New York to reconvey;
17 5282, by Senator Hannon, an act
18 to amend the New York State Medical Care
19 Facilities Finance Agency Act;
20 5300, by Senator Larkin, an act
21 to amend the General Municipal Law;
22 5306, by Senator Holland, an act
23 to amend the Social Services Law;
24 5330, by Senator Goodman, an act
25 to amend Chapter 587 of the Laws of 1995;
5232
1 5331, by Senator Farley, an act
2 to Richard C. Healy to file;
3 5347, by Senator Larkin, an act
4 to amend the Navigation Law;
5 5353, by Senator Volker, an act
6 to amend the Criminal Procedure Law;
7 5359, by Senator Padavan, an act
8 to amend the Tax Law and the Administrative Code
9 of the city of New York;
10 5386, by Senator Rath, an act to
11 amend the Penal Law;
12 5398, by Senator DeFrancisco, an
13 act to amend Chapter 515 of the Laws of 1995;
14 5402, by Senator Nozzolio, an act
15 to amend the Executive Law;
16 5405, by Senator Spano, an act to
17 amend the Retirement and Social Security Law;
18 5409, by Senator Meier, an act to
19 amend the Environmental Conservation Law;
20 5417, by Senator Maziarz, an act
21 to amend the Town Law;
22 5418, by Senator Meier, an act to
23 amend the Family Court Act;
24 5266, by Senator Trunzo, an act
25 to amend the Retirement and Social Security Law;
5233
1 5271, by Senator Trunzo, an act
2 to amend the Retirement and Social Security Law;
3 5476, by Senator Trunzo, an act
4 to amend the Retirement and Social Security
5 Law.
6 All bills directly for third
7 reading.
8 SENATOR SKELOS: Mr. President,
9 is there any housekeeping at the desk?
10 THE PRESIDENT: Yes.
11 Without objection, all bills
12 moved directly to third reading.
13 SENATOR SKELOS: Is there any
14 housekeeping at the desk?
15 PRESIDENT: Yes. Senator Tully.
16 SENATOR TULLY: Yes, if we could
17 return to motions and resolutions. On behalf of
18 Senator Velella, on page 12, I offer the
19 following amendments to Calendar Number 343,
20 Senate Print 3102, and ask that said bill retain
21 its place on the Third Reading Calendar.
22 THE PRESIDENT: Amendments
23 received.
24 SENATOR TULLY: On behalf of
25 Senator Velella, on page 16, I offer the
5234
1 following amendments to Calendar Number 467,
2 Senate Print 3204, and ask that said bill retain
3 its place on the Third Reading Calendar, and
4 Madam President, on behalf of myself, on page 42
5 I offer the following amendments to Calendar
6 Number 1100, Senate Print 5005 and ask that said
7 bill retain its place on the Third Reading
8 Calendar.
9 THE PRESIDENT: Amendments
10 received.
11 The Secretary will read
12 substitutions.
13 THE SECRETARY: On page 11,
14 Senator Johnson moves to discharge from the
15 Committee on Rules Assembly Print 3221 and
16 substitute it for the identical Senate bill,
17 Third Reading 332.
18 On page 12, Senator Goodman moves
19 to discharge from the Committee on Rules
20 Assembly Print 5036-A and substitute it for the
21 identical Senate bill, Third Reading 371.
22 On page 16, Senator Volker moves
23 to discharge from the Committee on Rules
24 Assembly Print 6103 and substitute it for the
25 identical Senate bill, Third Reading 489.
5235
1 On page 20, Senator Nozzolio
2 moves to discharge from the Committee on Rules
3 Assembly Print 4808 and substitute it for the
4 identical Senate bill, Third Reading 608.
5 On page 24, Senator Liebell moves
6 to discharge from the Committee on Rules
7 Assembly Print 7640 and substitute it for the
8 identical Senate bill, Third Reading 710.
9 On page 26, Senator Velella moves
10 to discharge from the Committee on Rules
11 Assembly Print 1816-A and substitute it for the
12 identical Senate bill, Third Reading 745.
13 On page 39, Senator Maltese moves
14 to discharge from the Committee on Rules
15 Assembly Print 5974-A and substitute it for the
16 identical Senate Print 1027.
17 THE PRESIDENT: Substitutions
18 received and ordered.
19 Thank you, Senator Tully.
20 SENATOR SKELOS: Stand at ease,
21 Madam President.
22 THE PRESIDENT: The Senate will
23 stand at ease.
24 (Whereupon at 5:46 p.m., the
25 Senate stood at ease until 5:50 p.m.)
5236
1 SENATOR SKELOS: Madam President.
2 THE PRESIDENT: Senator Skelos.
3 SENATOR SKELOS: On behalf of
4 Senator Bruno, there will be an immediate
5 conference of the Majority in the Majority
6 Conference Room, and the Senate will stand in
7 recess to the call of the Majority Leader.
8 THE PRESIDENT: There will be an
9 immediate conference of the Majority in the
10 Majority Conference Room and the Senate will
11 stand at ease to the call of the Majority
12 Leader.
13 SENATOR PATERSON: Madam
14 President, could we have some clarification. We
15 have no idea when to come back here to continue
16 business. We have a bill on the calendar that
17 isn't done.
18 THE PRESIDENT: I agree. When I
19 have some information, Senator Paterson, you'll
20 have it immediately.
21 Thank you very much, Madam
22 President.
23 SENATOR PATERSON: There will be
24 an immediate meeting of the Minority in the
25 Minority Conference Room.
5237
1 (Whereupon, at 5:51 p.m., the
2 Senate stood at ease until 6:26 p.m.)
3 ACTING PRESIDENT KUHL: Senator
4 Bruno.
5 SENATOR BRUNO: Mr. President, I
6 would move that we stand adjourned until
7 tomorrow morning at 10:00 a.m.
8 ACTING PRESIDENT KUHL: Without
9 objection, the Senate stands adjourned until
10 tomorrow at 10:00 a.m.
11 (Whereupon at 6:27 p.m., the
12 Senate adjourned.)
13
14
15
16
17
18