Regular Session - June 19, 1997
5539
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8 ALBANY, NEW YORK
9 June 19, 1997
10 10:10 a.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
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5540
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would you please rise and join
4 with me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 May we bow our heads in a moment
8 of silence.
9 (A moment of silence was
10 observed.)
11 The reading of the Journal,
12 please.
13 THE SECRETARY: In Senate,
14 Wednesday, June 18. The Senate met pursuant to
15 adjournment. The Journal of Tuesday, June 17,
16 was read and approved. On motion, the Senate
17 adjourned.
18 THE PRESIDENT: Without
19 objection, the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
5541
1 state officers.
2 Senator Skelos.
3 SENATOR SKELOS: Madam President,
4 there will be an immediate meeting of the
5 Finance Committee in the Majority Conference
6 Room and the Senate will stand at ease.
7 THE PRESIDENT: There will be an
8 immediate meeting of the Finance Committee in
9 the Majority Conference Room and the Senate will
10 stand at ease.
11 (Whereupon, the Senate stood at
12 ease from 10:15 a.m. until 10:32 a.m.)
13 ACTING PRESIDENT KUHL: The
14 Senate will come to order.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 if we could return to reports of standing
18 committees, I believe there's a report of the
19 Finance Committee at the desk. I ask that it be
20 read at this time.
21 ACTING PRESIDENT KUHL: We will
22 return to the order of reports of standing
23 committees. There is a report of the Finance
24 Committee at the desk.
25 The Secretary will read.
5542
1 THE SECRETARY: Senator Stafford,
2 from the Committee on Finance, reports the
3 following bills:
4 Senate Print 5549, by the Senate
5 Committee on Rules, an act making appropriations
6 for the support of government;
7 5550, by the Senate Committee on
8 Rules, an act authorizing the Department of
9 Health to establish certain payments to general
10 hospitals;
11 5551, by the Senate Committee on
12 Rules, an act making appropriations for the
13 support of government.
14 All bills ordered direct for
15 third reading.
16 SENATOR SKELOS: Move to accept.
17 ACTING PRESIDENT KUHL: The
18 motion is to accept the message -- excuse me -
19 the report of the Finance Committee. All those
20 in favor signify by saying aye.
21 (Response of "Aye".)
22 Opposed, nay.
23 (There was no response.)
24 The report is accepted.
25 The bills are ordered directly to
5543
1 third reading.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could stand at ease, Mr. President.
5 ACTING PRESIDENT KUHL: Stand at
6 ease.
7 (Whereupon, the Senate stood at
8 ease from 10:33 a.m. until 10:45 a.m.)
9 ACTING PRESIDENT KUHL: Senator
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 at this time with the consent of the Minority,
13 we'll take up the non-controversial calendar.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the non-controversial
16 calendar.
17 THE SECRETARY: Calendar Number
18 693, by Senator Libous, Senate Print 654, an act
19 to amend the New York State Medical Care
20 Facilities Finance Agency Act.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
5544
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 48.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 739, by member of the Assembly Sidikman,
8 Assembly Print 1069-A, an act to amend the Real
9 Property Law, in relation to acknowledgment
10 forms.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 48.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 771, by Senator Cook, Senate Print 4578, an act
23 to amend the Public Health Law, in relation to
24 the testing of bottled water.
25 ACTING PRESIDENT KUHL: The
5545
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first day of
4 October.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 SENATOR STACHOWSKI: Lay it
9 aside.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside.
12 THE SECRETARY: Calendar Number
13 820, by Senator Cook, Senate Print 3505, an act
14 authorizing the village of Ellenville.
15 ACTING PRESIDENT KUHL: There is
16 a home rule message at the desk. The Secretary
17 will read the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 48.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5546
1 THE SECRETARY: Calendar Number
2 1058, by member of the Assembly Hoyt, Assembly
3 Print 89-A, an act to amend the Education Law,
4 in relation to the membership of the State
5 University Trustees.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 48.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1111, by Senator Johnson, Senate Print 3950-A,
18 an act to authorize the Iglesia Pentecostal
19 Refugio De Salvation.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
5547
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes -
3 ACTING PRESIDENT KUHL: Record
4 the negatives and announce the results.
5 THE SECRETARY: Ayes 47, nays 1,
6 Senator Cook recorded in the negative.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1112, by Senator Johnson, Senate Print 3951-A,
11 an act to authorize the Church of God of
12 Brentwood.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT KUHL: Record
21 the negatives and announce the results.
22 THE SECRETARY: Ayes 47, nays 1,
23 Senator Cook recorded in the negative.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5548
1 THE SECRETARY: Calendar Number
2 1161, by Senator Spano, Senate Print 1407-A, an
3 act to amend the Civil Service Law.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the first day of March.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 48.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1247, by the Assembly Committee on Rules,
16 Assembly Print 7602, an act to amend the Social
17 Services Law, in relation to the pass-through of
18 federal cost.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 4. This
22 act shall take effect on the first day -- this
23 act shall take effect December 31.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
5549
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1262, by Senator Trunzo, Senate Print 5476, an
7 act to amend the Retirement and Social Security
8 Law, in relation to providing.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 48.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Dollinger, why do you
20 rise?
21 SENATOR DOLLINGER: Mr.
22 President, I was busy on another matter
23 conferring with another member and on Calendar
24 Numbers 1111 and 1112, were those both passed by
25 the house?
5550
1 ACTING PRESIDENT KUHL: Yes, they
2 were.
3 SENATOR DOLLINGER: May I have
4 unanimous consent to be recorded in the negative
5 with my colleague, Senator Cook, on both of
6 those bills.
7 ACTING PRESIDENT KUHL: Without
8 objection, no objection, Senator Dollinger will
9 be recorded in the negative on Calendar Number
10 1111 and Calendar Number 1112.
11 SENATOR DOLLINGER: Thank you,
12 Mr. President.
13 ACTING PRESIDENT KUHL: The
14 Secretary will continue to call the non
15 controversial calendar.
16 THE SECRETARY: Calendar Number
17 1276, by Senator Volker, Senate Print 5218-A, an
18 act to amend the Penal Law, in relation to
19 criminal diversion of prescription.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 8. This
23 act shall take effect on the first day of
24 November.
25 ACTING PRESIDENT KUHL: Call the
5551
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Senator Marchi
7 moves to discharge from the Committee on Civil
8 Service and Pensions Assembly Bill Number 2433
9 and substitute it for the identical Third
10 Reading Calendar 1282.
11 ACTING PRESIDENT KUHL: The
12 substitution is ordered. The Secretary will
13 read.
14 THE SECRETARY: Calendar Number
15 1282, by member of the Assembly Sanders,
16 Assembly Print 2433, an act to amend the
17 Education Law, in relation to the placement of
18 New York City school safety officers.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
5552
1 THE SECRETARY: Ayes 49.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1283, by Senator Rath, Senate Print 2152, an act
6 to amend the Criminal Procedure Law, in relation
7 to designating.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT KUHL: Record
16 the negatives and announce the results.
17 THE SECRETARY: Ayes 48, nays 1,
18 Senator Leichter recorded in the negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1284, by Senator Stavisky, Senate Print 2516, an
23 act to amend the Tax Law, in relation to
24 taxation of lottery winnings.
25 ACTING PRESIDENT KUHL: The
5553
1 Secretary will read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first day of
4 October.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 49.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1285, by Senator Larkin, Senate Print 2998, an
13 act to amend the Criminal Procedure Law, in
14 relation to peace officer status.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT KUHL: Announce
23 the results after you record the negatives.
24 THE SECRETARY: Ayes 49, nays 1,
25 Senator Leichter recorded in the negative.
5554
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1286, by Senator Farley, Senate Print 3011-A, an
5 act authorizing the Trustees of the State
6 University of New York.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 6. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 50.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1287, by Senator LaValle, Senate Print 3226, an
19 act to amend the Criminal Procedure Law, in
20 relation to the designation of peace officers.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
5555
1 roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT KUHL: Record
4 the negatives. Announce the results.
5 THE SECRETARY: Ayes 50, nays 1,
6 Senator Leichter recorded in the negative.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 -- excuse me. Senator Trunzo moves to
11 discharge from the Committee on Rules Assembly
12 Bill Number 5862 and substitute it for the
13 identical Third Reading Calendar 1288.
14 ACTING PRESIDENT KUHL: The
15 substitution is ordered. The Secretary will
16 read.
17 THE SECRETARY: Calendar Number
18 1288, by member of the Assembly Vitaliano,
19 Assembly Print 5862, an act to amend the Civil
20 Service Law, in relation to extending.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
5556
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 52.
4 ACTING PRESIDENT KUHL: The
5 bill -
6 THE SECRETARY: 52.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1289, by Senator Volker, Senate Print 3851, an
11 act to amend the Retirement and Social Security
12 Law, in relation to options.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 52.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1290, by Senator Tully, Senate Print 3927, an
25 act to amend the Retirement and Social Security
5557
1 Law, in relation to providing.
2 ACTING PRESIDENT KUHL: There is
3 a home rule message at the desk. The Secretary
4 will read the last section.
5 THE SECRETARY: Section 6. This
6 act shall take effect January 1.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 52.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1291, by Senator Present, Senate Print 4116, an
15 act to amend the Criminal Procedure Law, in
16 relation to peace officer status.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT KUHL: Record
25 the negatives. Announce the results.
5558
1 THE SECRETARY: Ayes 51, nays 2
2 -- nays 1, Senator Leichter recorded in the
3 negative.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Senator Velella
7 moves to discharge from the Committee on Finance
8 Assembly Bill Number 8022 and substitute it for
9 the identical Third Reading Calendar 1292.
10 ACTING PRESIDENT KUHL: The
11 substitution is ordered. The Secretary will
12 read the title.
13 THE SECRETARY: Calendar Number
14 1292, by the Assembly Committee on Rules,
15 Assembly Print 8022, an act in relation to
16 designating the building housing the Bronx
17 Children's Psychiatric Center.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 52.
5559
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1293, by Senator Tully, Senate Print 4698 -
5 SENATOR LEICHTER: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Senator Trunzo
9 moves to discharge from the Committee on Rules
10 Assembly Bill Number 7626 and substitute it for
11 the identical Third Reading Calendar 1294.
12 ACTING PRESIDENT KUHL: The
13 substitution is ordered. The Secretary will
14 read the title.
15 THE SECRETARY: Calendar Number
16 1294, by the Assembly Committee on Rules,
17 Assembly Print 7626, an act to amend Chapter 929
18 of the Laws of 1986.
19 ACTING PRESIDENT KUHL: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
5560
1 THE SECRETARY: Ayes 53.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1295, by Senator Trunzo, Senate Print 4907-A, an
6 act to authorize the Word of Jesus Outreach
7 Center.
8 ACTING PRESIDENT KUHL: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 52, nays 1,
16 Senator Dollinger recorded in the negative.
17 ACTING PRESIDENT KUHL: Record
18 the negatives. Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1295, ayes 50, nays 3, Senators Cook,
21 Dollinger and Leichter recorded in the negative.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1296, by Senator Libous, Senate Print 5053, an
5561
1 act to repeal paragraph 3 -
2 SENATOR PATERSON: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 1297, by Senator Trunzo, Senate Print 5104-A, an
7 act to amend the Retirement and Social Security
8 Law, in relation to providing.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 53.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 SENATOR LEICHTER: Mr. President.
20 ACTING PRESIDENT KUHL: Senator
21 Leichter, why do you rise?
22 SENATOR LEICHTER: Mr. President,
23 when I was recorded in the negative, I thought I
24 was voting on Senator Libous' bill. I see it
25 was Senator Trunzo's bill. So will you mark me
5562
1 in the affirmative on 1295 and I gather 1296 was
2 laid aside.
3 ACTING PRESIDENT KUHL: Calendar
4 Number 1296 was laid aside, Senator Leichter.
5 SENATOR LEICHTER: Thank you.
6 ACTING PRESIDENT KUHL: Senator
7 -- without objection, hearing no objection,
8 Senator Leichter will be recorded in the
9 affirmative on Calendar Number 1295.
10 The Secretary will continue to
11 read the non-controversial calendar.
12 THE SECRETARY: Senator Larkin
13 moves to discharge from the Committee on Rules
14 Assembly Bill Number 7784 and substitute it for
15 the identical Third Reading Calendar 1298.
16 ACTING PRESIDENT KUHL: The
17 substitution is ordered. The Secretary will
18 read the title.
19 THE SECRETARY: Calendar Number
20 1298, by the Assembly Committee on Rules,
21 Assembly Print 7784, an act to amend the
22 Retirement and Social Security Law and the
23 Administrative Code of the city of New York.
24 ACTING PRESIDENT KUHL: The
25 Secretary will read the last section.
5563
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 53.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1299, by Senator Marchi, Senate Print 5256, an
11 act to amend the Real Property Tax Law, in
12 relation to exemption.
13 SENATOR LEICHTER: Lay it aside.
14 ACTING PRESIDENT KUHL: Senator
15 Leichter, you wish that bill to be laid aside?
16 SENATOR LEICHTER: Lay it aside.
17 ACTING PRESIDENT KUHL: The
18 Secretary will lay Calendar Number 1299 aside
19 and continue to read the non-controversial
20 calendar.
21 THE SECRETARY: Calendar Number
22 1300, by Senator Johnson, Senate Print 5265, an
23 act to amend the Criminal Procedure Law, in
24 relation to designating.
25 ACTING PRESIDENT KUHL: The
5564
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT KUHL: Record
8 the negatives. Announce the results.
9 THE SECRETARY: Ayes 52, nays 1,
10 Senator Leichter recorded in the negative.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1301, by Senator Volker, Senate Print 5326, an
15 act to amend the Civil Practice Law and Rules,
16 in relation to neglect.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect on the first day of
21 January.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 53.
5565
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1302, by Senator Saland, Senate Print 5356, an
5 act to amend the Penal Law, in relation to
6 non-support of a child.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect on the first day of
11 September.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Senator Johnson
19 moves to discharge from the Committee on Rules
20 Assembly Bill Number 8129 and substitute it for
21 the identical Third Reading Calendar 1303.
22 ACTING PRESIDENT KUHL: The
23 substitution is ordered. The Secretary will
24 read the title.
25 THE SECRETARY: Calendar Number
5566
1 1303, by the Assembly Committee on Rules,
2 Assembly Print 8129, an act to amend the
3 Environmental Conservation Law, in relation to
4 the taking of menhaden.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 53.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 May we have it a little quiet in
16 the chamber. It's getting very hard to hear.
17 Senator Leichter, Senator
18 LaValle, Senator Stachowski, if you want to have
19 a conversation, would you take it out of the
20 room, please. Thank you.
21 The Secretary will continue to
22 read the non-controversial calendar.
23 THE SECRETARY: Senator Meier
24 moves to discharge from the Committee on Rules
25 Assembly Bill Number 7936 and substitute it for
5567
1 the identical Third Reading Calendar 1306.
2 ACTING PRESIDENT KUHL: The
3 substitution is ordered. The Secretary will
4 read the title.
5 THE SECRETARY: Calendar Number
6 1306, by the Assembly Committee on Rules,
7 Assembly Print 7936, an act to amend the General
8 Municipal Law, in relation to games of chance.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT KUHL: Record
17 the negatives. Announce the results.
18 THE SECRETARY: Ayes -- ayes 52,
19 nays 1, Senator Tully recorded in the negative.
20 SENATOR LEICHTER: Mr. President.
21 ACTING PRESIDENT KUHL: Yes,
22 Senator Leichter.
23 SENATOR LEICHTER: Could you tell
24 us what happened to 1304 -- 1304 and 1305?
25 ACTING PRESIDENT KUHL: It's the
5568
1 noise, Senator Leichter. It's confusing
2 everybody and even the Secretary and so Calendar
3 Number 1306 was read out of order. It was just
4 passed. So Calendar Number 1306 is passed.
5 We're returning to Calendar Number 1305 -- 1304
6 at this time and we'll take up 1305 and we'll go
7 to 1307 and finish to the conclusion of the
8 non-controversial calendar.
9 The Secretary will read Calendar
10 Number 1304.
11 THE SECRETARY: Calendar Number
12 1304, by Senator Marcellino, Senate Print 5400,
13 an act to amend the Public Service Law and
14 others, in relation to residential solar
15 electric.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 53.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5569
1 THE SECRETARY: Calendar Number
2 1305, by Senator Kuhl, Senate Print 5438, an act
3 to amend the Criminal Procedure Law, in relation
4 to designating.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT KUHL: Record
13 the negatives. Announce the results.
14 THE SECRETARY: Ayes 52, nays 1,
15 Senator Leichter recorded in the negative.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1307, by Senator DeFrancisco, Senate Print 5448,
20 an act to amend the Alcoholic Beverage Control
21 Law, in relation to exemption.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
5570
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 53.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1308, by Senator Holland, Senate Print 5450, an
9 act to amend the Real Property Tax Law, in
10 relation to subjecting.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1309, by Senator Wright, Senate Print 5459, an
23 act to -
24 SENATOR PATERSON: Lay that
25 aside, please.
5571
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside.
3 THE SECRETARY: Calendar Number
4 1310, by Senator Maziarz, Senate Print 5460, an
5 act to amend Chapter 906 of the Laws of 1984.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 53.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 1311, by Senator Lachman, Senate Print 5463, an
18 act to amend the Railroad Law, in relation to
19 providing for posting of signs.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
5572
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 53.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Senator Rath
6 moves to discharge from the Committee on Rules
7 Assembly Bill Number 8066 and substitute it for
8 the identical Third Reading Calendar 1312.
9 ACTING PRESIDENT KUHL: The
10 substitution is ordered. The Secretary will
11 read the title.
12 THE SECRETARY: Calendar Number
13 1312, by the Assembly Committee on Rules,
14 Assembly Print 8066, an act to amend the Local
15 Finance Law and Chapter 413 of the Laws of 1991.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 53.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5573
1 THE SECRETARY: Senator Rath
2 moves to discharge from the Committee on Rules
3 Assembly Bill Number 8068 and substitute it for
4 the identical Third Reading Calendar 1313.
5 ACTING PRESIDENT KUHL: The
6 substitution is ordered. The Secretary will
7 read the title.
8 THE SECRETARY: Calendar Number
9 1313, by the Assembly Committee on Rules,
10 Assembly Print 8068, an act to amend Chapter 719
11 of the laws of 1980, amending the Local Finance
12 Law.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 53.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1314, by Senator Holland, Senate Print 5482, an
25 act to amend the Highway Law, in relation to
5574
1 designating a portion of the state highway
2 system.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 53.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 Senator Skelos, that completes
14 the reading of the non-controversial calendar.
15 SENATOR SKELOS: Mr. President,
16 if we could just stand at ease for a moment.
17 ACTING PRESIDENT KUHL: The
18 Senate will stand at ease.
19 (Whereupon, the Senate stood at
20 ease from 11:08 a.m. until 11:11 a.m.)
21 ACTING PRESIDENT KUHL: The
22 Senate will come to order. Members take their
23 places, the staff take their places.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
5575
1 at this time if we could take up Calendar Number
2 1315.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1315, by the Senate Committee on Rules, Senate
7 Print 5549, an act making appropriations for the
8 support of government.
9 ACTING PRESIDENT KUHL: Senator
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 is there a message of necessity and
13 appropriation at the desk?
14 ACTING PRESIDENT KUHL: There is.
15 SENATOR SKELOS: Move to accept.
16 ACTING PRESIDENT KUHL: The
17 motion is to accept the message of necessity and
18 appropriation at the desk relative to Calendar
19 Number 1315. All those in favor signify by
20 saying aye.
21 (Response of "Aye".)
22 Opposed, nay.
23 (There was no response.)
24 The message is accepted.
25 The Secretary will read the last
5576
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 54.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could take up Calendar Number 1316.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 1316, by the Senate Committee on Rules, Senate
17 Print 5550, an act authorizing the Department of
18 Health to establish certain payments to general
19 hospitals.
20 ACTING PRESIDENT KUHL: Senator
21 Skelos.
22 SENATOR SKELOS: Is there a
23 message of necessity at the desk?
24 ACTING PRESIDENT KUHL: There is.
25 SENATOR SKELOS: Move to accept.
5577
1 ACTING PRESIDENT KUHL: The
2 motion is to accept the message of necessity on
3 Calendar Number 1316. All those in favor
4 signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The message is accepted.
9 The Secretary will read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 54.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President,
21 if we could take up Calendar Number 1317.
22 ACTING PRESIDENT KUHL: Secretary
23 will read.
24 THE SECRETARY: Calendar Number
25 1317, by the Senate Committee on Rules, Senate
5578
1 Print 5551, an act making appropriations for the
2 support of government.
3 ACTING PRESIDENT KUHL: Senator
4 Skelos.
5 SENATOR SKELOS: Is there a
6 message of necessity and appropriation at the
7 desk?
8 ACTING PRESIDENT KUHL: There
9 is.
10 SENATOR SKELOS: Move to accept.
11 ACTING PRESIDENT KUHL: The
12 motion is to accept the message of necessity and
13 appropriation on Calendar 1317 which is at the
14 desk. All those in favor signify by saying
15 aye.
16 (Response of "Aye.")
17 Opposed nay.
18 (There was no response. )
19 The message is accepted.
20 Secretary will read the last section.
21 THE SECRETARY: Section 6. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll. )
5579
1 ACTING PRESIDENT KUHL: Record
2 the negatives and announce the results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 1317 are
5 Senators Alesi, Dollinger, Hoffmann, Maziarz and
6 Nanula. Ayes 49, nays 5.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 Senator Skelos.
10 SENATOR SKELOS: Mr. President,
11 if we could take up the controversial calendar
12 at this time starting with Calendar Number 771
13 by Senator Cook.
14 ACTING PRESIDENT KUHL: Secretary
15 will read the controversial calendar beginning
16 on page 26, Calendar Number 771.
17 Senator Dollinger, why do you
18 rise?
19 SENATOR DOLLINGER: Mr.
20 President, I was outside the chamber. I'd ask
21 for unanimous consent to be recorded in the
22 negative on Calendar Number 1315.
23 ACTING PRESIDENT KUHL: 1315,
24 Senator Dollinger, yes, if I can just as a point
25 of order make sure it's the budget extender
5580
1 bill. Yes, it is one of those bills, yes.
2 SENATOR DOLLINGER: Yes, but is
3 it -
4 ACTING PRESIDENT KUHL: That's
5 the big one.
6 SENATOR DOLLINGER: The big one,
7 thank you, Mr. President.
8 ACTING PRESIDENT KUHL: Without
9 objection, hearing no objection, Senator
10 Dollinger will be recorded in the negative on
11 Calendar Number 1315.
12 (Short pause)
13 Secretary will read the
14 controversial calendar beginning with Calendar
15 Number 771, by Senator Cook, page 26.
16 THE SECRETARY: Calendar Number
17 771, by Senator Cook, Senate Print 4578, an act
18 to amend the Public Health Law, in relation to
19 the testing of bottled water.
20 SENATOR PATERSON: Explanation.
21 ACTING PRESIDENT KUHL: Senator
22 Cook, an explanation of Calendar Number 771 has
23 been requested.
24 SENATOR COOK: This bill
25 basically puts New York into conformity with the
5581
1 EPA rules on this -- on this particular point of
2 testing.
3 SENATOR LEICHTER: Senator Cook,
4 will you yield for a question, please?
5 ACTING PRESIDENT KUHL: Senator
6 Cook, do you yield?
7 SENATOR COOK: Yes.
8 ACTING PRESIDENT KUHL: Senator
9 yields.
10 SENATOR LEICHTER: Senator, as I
11 read the current law, it requires that every
12 third year testing for organic and inorganic
13 chemicals show a curve on a yearly basis. We're
14 talking now about the drinking water, and your
15 bill eliminates the requirement.
16 SENATOR COOK: It's the bottled
17 water sold in stores.
18 SENATOR LEICHTER: Right, so it
19 would be less testing. Now, did I understand
20 you to say by eliminating that requirement we
21 would be in conformity with EPA rules?
22 SENATOR COOK: EPA rules will be
23 in conformity as it's in the law.
24 SENATOR LEICHTER: Senator Cook,
25 if you yield, my concern is we're seeing more
5582
1 and more bottled water in stores and it's
2 unclear to me how that is -- we had an instance
3 many years ago where waters that came from
4 France were understood to be contaminated. I'm
5 just concerned that we not eliminate any
6 requirement and any safeguards for the
7 protection of people's health.
8 SENATOR COOK: Mr. President, the
9 EPA rule requires that in sense each instance
10 the water be tested. New York, even after this
11 change, will continue to require that each
12 bottle on the line be tested and that that will
13 be wherever the water is produced, so the only
14 thing we're requiring is that every third year,
15 quarterly testing, but we do have a letter from
16 the Health Department which says that we agree
17 that the requirements of this section to test
18 organic and inorganic chemicals on a quarterly
19 basis from each production line every third year
20 is overly burdensome and well beyond the FDA
21 regulations.
22 SENATOR LEICHTER: Senator Cook,
23 just one further question.
24 ACTING PRESIDENT KUHL: Senator
25 Cook, do you continue to yield?
5583
1 SENATOR COOK: Yes.
2 ACTING PRESIDENT KUHL: Senator
3 continues to yield.
4 SENATOR LEICHTER: This provision
5 relating to testing, does that also apply to
6 water outside the city of New York? I know
7 Catskill water is great, no question about that,
8 but do we require this testing for let's say
9 Vermont water, Poland Springs?
10 SENATOR COOK: Well, Mr.
11 President, my staff informs me that -- that in
12 order for the water to be sold in New York it
13 has to be licensed by the New York State Health
14 Department, and that it's undergoing testing and
15 that the testing of each bottling line has to be
16 done by a laboratory that's certified by the
17 state of New York regardless of wherever the
18 water is produced.
19 SENATOR LEICHTER: All right. So
20 we're -- if you just continue for a minute.
21 ACTING PRESIDENT KUHL: Senator
22 Cook, you continue to yield?
23 SENATOR COOK: Yes.
24 ACTING PRESIDENT KUHL: Senator
25 continues to yield.
5584
1 SENATOR LEICHTER: So we're also
2 easing the requirements for bottled water sold
3 outside the state, but it's your assurance that
4 this in no way will affect the purity of the
5 water that's sold or the protection or the
6 health protection that we want to give our
7 consumers.
8 SENATOR COOK: Mr. President,
9 yeah, I think that basically in the
10 conversations with the Health Department, the
11 intent of this letter, they are not of the
12 opinion that the quarterly testing serves a
13 great purpose so long as we continue to, and we
14 do, test every line, not just simply the
15 source. We do test it as it's being bottled.
16 SENATOR LEICHTER: Thank you,
17 Senator Cook.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the first day of
22 October.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll. )
5585
1 THE SECRETARY: Ayes 53, nays
2 one, Senator Tully recorded in the negative.
3 ACTING PRESIDENT KUHL: The
4 bill's passed.
5 THE SECRETARY: Calendar Number
6 1293, by Senator Tully, Senate Print 4698, an
7 act to amend the Penal Law, in relation to the
8 crime of failure to obey.
9 SENATOR LEICHTER: Explanation.
10 ACTING PRESIDENT KUHL: Senator
11 Tully, an explanation has been requested.
12 SENATOR TULLY: Thank you, Mr.
13 President.
14 This bill deals with failure to
15 obey a police officer while operating a motor
16 vehicle and distinguishes between low speed
17 pursuit and high speed pursuits. In the case of
18 a low speed pursuit and failing to obey a police
19 officer, it's a Class A misdemeanor. In the
20 case of a high speed pursuit, it's a Class E
21 felony.
22 ACTING PRESIDENT KUHL: Senator
23 Leichter.
24 SENATOR LEICHTER: Mr. President,
25 if Senator Tully would yield to a question.
5586
1 ACTING PRESIDENT KUHL: Senator
2 Tully, do you yield to a question from Senator
3 Leichter.
4 SENATOR TULLY: Yes, Mr.
5 President.
6 ACTING PRESIDENT KUHL: Senator
7 yields.
8 SENATOR LEICHTER: Senator, you
9 and I had a discussion beforehand in which you
10 suggested that I take a look at the explanation
11 of this bill, and am I correct that this only
12 applies with respect to a chase?
13 SENATOR TULLY: With respect to a
14 high speed pursuit, it's an "E" felony that's
15 true; with respect to the misdemeanor it's not
16 true.
17 SENATOR LEICHTER: You see,
18 Senator Tully, if I could just ask you as I did
19 before, I certainly support the provision of the
20 bill regarding failure to stop in a high speed
21 chase, but as I read this bill, if I'm correct,
22 this applies to any police officer, anybody
23 who's acting as a -- well, I guess it's just
24 police officers who's doing traffic control, and
25 if you fail -- if you missread the sign that he
5587
1 gives you and you go through that intersection
2 even though you then stop, you'd be guilty of a
3 Class A misdemeanor. Am I reading the bill
4 correctly?
5 SENATOR TULLY: No, I think
6 you're reading it incorrectly, Senator Leichter,
7 and speaking to my counsel and reviewing the
8 bill again myself, because it's a very exciting
9 measure sponsored by Assemblyman Hoyt in the
10 Assembly and requested by the D.A.s' Association
11 and the Sheriffs' Association, I think in my
12 original explanation to you, I misspoke. It's
13 the reverse. With respect to the misdemeanor,
14 both parties have to be in the vehicle. With
15 respect to the felony, that's not the case, so
16 with respect to the misdemeanor, the one you're
17 speaking of if you will read the bill starting
18 on line 5 -- it's line 6, while operating -- "a
19 police officer, while operating a motor
20 vehicle," so he has to be operating the motor
21 vehicle, and then in relation to the person who
22 is referred to on line 5, it says "a person,
23 when he or she is operating a motor vehicle," so
24 both parties are in a motor vehicle with respect
25 to the misdemeanor and that's not so with
5588
1 respect to the felony.
2 SENATOR LEICHTER: Well, then,
3 Senator Tully, I think I -- if I understand your
4 explanation and looking at the bill, I think I
5 read it correctly. If I come to an
6 intersection, it happens very often in the city
7 of New York, there's a police officer and he's
8 waving his hands and I may missread his sign, he
9 says "stop" and I go through the intersection.
10 Even if I then stop, he blows his whistle and
11 yells, "What are you doing?" And I stop, but
12 I've gone through that intersection, gone
13 through what he thinks was his clear sign. I'm
14 now guilty of a Class A misdemeanor?
15 SENATOR TULLY: No, Mr.
16 President. If he's on his bicycle or he's on
17 his motorcycle or in his vehicle, that's the
18 case. If he's not, you're not. You're guilty
19 of failing to obey a police officer's
20 direction.
21 SENATOR LEICHTER: Senator, where
22 is -
23 SENATOR TULLY: I'll refer you
24 again to lines 5 and 6, "a person shall be
25 guilty of unlawful failure to obey a police
5589
1 officer while operating a motor vehicle when he
2 or she is operating a motor vehicle," so the
3 police officer is operating a motor vehicle and
4 the individual is.
5 In the case that you just
6 described, the police officer is there directing
7 traffic; he's not in a vehicle.
8 SENATOR LEICHTER: O.K. I -- I
9 see what you're trying to accomplish. The
10 language may not be that felicitous, but the
11 police officer or the peace officer has to be in
12 a vehicle in order for this provision to apply.
13 SENATOR TULLY: That's correct.
14 SENATOR LEICHTER: Thank you.
15 SENATOR TULLY: You're welcome.
16 ACTING PRESIDENT KUHL: Secretary
17 will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first day of
20 November.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll. )
24 THE SECRETARY: Ayes 53, nays
25 one, Senator Kuhl recorded in the negative.
5590
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1296, by Senator Libous, Senate Print 5053, an
5 act to repeal paragraph 3 of subdivision (a) of
6 section 3-9.05.
7 ACTING PRESIDENT KUHL: Senator
8 Libous, an explanation has been requested by
9 Senator Paterson.
10 SENATOR LIBOUS: Thank you, Mr.
11 President.
12 As the clerk read, this is a
13 repeal of section 03 of 9.05 of the Mental
14 Hygiene Law and basically what it does, at the
15 present time a psychiatrist who is working at a
16 private hospital cannot actually admit a patient
17 to the facility, and what this will do is
18 correct the Mental Hygiene Law to allow that.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Thank you, Mr.
22 President.
23 If Senator Libous would yield to
24 a question.
25 ACTING PRESIDENT KUHL: Senator
5591
1 Libous, do you yield to a question?
2 SENATOR LIBOUS: Senator
3 Paterson, Mr. President, I would be honored to.
4 ACTING PRESIDENT KUHL: Senator
5 yields.
6 SENATOR PATERSON: Thank you,
7 Senator.
8 Senator, this certificate which I
9 think is known as a 2-7C, two-physician
10 certificate, how long is the period in which the
11 hospital might hold the individual? I believe
12 it's 15 days, is that the case?
13 SENATOR LIBOUS: That's correct.
14 SENATOR PATERSON: All right. If
15 the Senator would continues to yield?
16 ACTING PRESIDENT KUHL: Senator
17 Libous, you continue to yield?
18 SENATOR LIBOUS: Sure.
19 ACTING PRESIDENT KUHL: Senator
20 continues to yield.
21 SENATOR PATERSON: After the 15
22 days have elapsed, if there is a need to
23 continue the hospitalization of the individual
24 is there, at that time, any need for two
25 physicians to be involved? What's the procedure
5592
1 at that point?
2 SENATOR LIBOUS: Mr. President,
3 this is no different than the present procedure
4 that takes place at the state psychiatric
5 facilities or any of the not-for-profit
6 psychiatric facilities. The only difference is
7 that under present law, Mr. President, the
8 psychiatrists are not allowed to admit patients
9 on a non-voluntary basis in the private
10 facilities, so they would be governed under all
11 of the same rules, regulations, timetables that
12 presently exist.
13 ACTING PRESIDENT KUHL: Senator
14 Paterson.
15 SENATOR PATERSON: Thank you.
16 Would Senator Libous mind repeating the end of
17 his answer? I just missed it; it's my fault.
18 ACTING PRESIDENT KUHL: Senator
19 Libous, would you repeat your answer. He didn't
20 hear it.
21 SENATOR LIBOUS: Sure. Maybe I
22 need to speak a little louder, Mr. President.
23 They presently -- under present law, a
24 psychiatrist at a state hospital or a
25 not-for-profit hospital can -- can do admissions
5593
1 on an involuntary basis. It is not allowed in
2 private hospitals. This would allow it to
3 happen in a private hospital. They would still
4 fall under the same rules and regulations that
5 the state facilities and the not-for-profits
6 fall under.
7 There are no -- we are not making
8 any special rules. They will still be under the
9 guidance of the patients' bill of rights under
10 agencies like the Commission on Quality of Care,
11 and on every other oversight agency, so they
12 would be allowed to just do something that they
13 can't do now, and that is to allow a
14 psychiatrist who is at a facility that is a
15 private facility to make that decision.
16 Everything else would remain the same.
17 SENATOR PATERSON: Thank you very
18 much, Senator Libous.
19 Mr. President, if the Senator
20 would continue to yield.
21 ACTING PRESIDENT KUHL: Senator
22 Libous, you continue to yield?
23 SENATOR LIBOUS: Sure.
24 ACTING PRESIDENT KUHL: Senator
25 yields.
5594
1 SENATOR PATERSON: Senator, I
2 have a concern of a potential conflict of
3 interest particularly when it comes to profit
4 making or so-called private hospitals, the fact
5 that if the physician was on the staff of the
6 hospital, it might be a good way to keep the
7 beds filled. I mean I'm not -- full. I'm not
8 saying that this would be the notion of the
9 psychiatrist. I'm just saying when you are
10 facing a situation where you are having a
11 diminished number of uses of beds, it's
12 certainly easier to see it that way, and -- but
13 if I were going to make that allegation in this
14 -- in this discussion, I would have to be able
15 to establish that there would be some continuing
16 period of time and so that's why I asked the
17 question, because for 15 days, I think we'd be
18 willing to take the chance, but what I wanted to
19 know is, after the 15 days has elapsed, what is
20 the procedure; what is the procedure that would
21 keep involuntarily a patient in the hospital who
22 his physician feels needs -- physicians feel
23 needs greater care. How long a period of time
24 can they keep them, and what's the process for
25 keeping someone who after 15 days is determined
5595
1 to need more care?
2 SENATOR LIBOUS: Mr. President,
3 let me try to again answer Senator Paterson's
4 concern, and it is a legitimate concern and I
5 believe we have safeguards in place to answer
6 that.
7 Mr. President, and Senator
8 Paterson, at one time if we were to go back 50
9 years ago, I too would be concerned about
10 potential conflicts and situations that could
11 have existed then.
12 What we are trying to do under
13 this change in law and change in provision is to
14 allow a psychiatrist to make a determination and
15 get someone help who has mental illness, someone
16 who needs help. Now, under present law, under
17 present times, we have a number of oversight
18 agencies that would review and actually
19 correlate activities just like they would for a
20 state facility or a not-for-profit and they do
21 this presently in our private facilities. For
22 instance, you have the state Mental Hygiene
23 Legal Services Organization. You have the state
24 Commission on Quality Care for the Mentally
25 Disabled. You have any persons hospitalized for
5596
1 mental illness also protected under a patient's
2 bill of rights. Those kinds of oversights are
3 there, and to specifically answer the 15-day
4 question that Senator Paterson has, Mr.
5 President, again it would work the same as for
6 any other patient. Due process rights, you
7 know, would require hearings, appeals and
8 whatever would need to take place if there was
9 some question as to the diagnosis of anyone with
10 mental illness.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson.
13 SENATOR PATERSON: Thank you very
14 much, Mr. President.
15 Mr. President, on the bill.
16 ACTING PRESIDENT KUHL: Senator
17 Paterson, on the bill.
18 SENATOR PATERSON: I'm going to
19 vote for the bill, Mr. President. I think that
20 quite often there are situations where there are
21 extenuating circumstances and one psychiatrist
22 might suffice, and I think that we have
23 dedication and certainly integrity on the part
24 of even those psychiatrists who would be staff
25 members of the hospital that we would not have
5597
1 the conflict of interest or the attempt to, in
2 many ways, hospitalize patients that might not
3 need care. I think we can rely on the
4 professionalism and the judgment of the
5 psychiatrists in these particular cases.
6 All I would suggest is that
7 because of the fact that this original
8 hospitalizations is so important and that the -
9 I guess the public policy that was formulated by
10 the original legislation to have two physicians
11 sign the certificate is borne out by the fact
12 that after 15 days in the facility and certainly
13 borne out by sections 9.43 and 9.35 of the
14 Mental Hygiene Law, there is certainly an
15 opportunity to continue the hospitalization with
16 less documentation and less examination than
17 that which originally got the patient in the
18 hospital.
19 So even though I'm going to vote
20 for the bill, I would just want to admonish all
21 of us that we keep an eye on this situation
22 because the real critical decision is made
23 almost at the outset of the beginning of care,
24 and as long as that is very scrupulous in its
25 direction, I can live with it; but we did have,
5598
1 I thought, a pretty good policy now, and if
2 Senator Libous wants to change it, he certainly
3 could have some good reasons for doing so.
4 I just with caution suggest that
5 we keep tabs on this situation.
6 ACTING PRESIDENT KUHL: Secretary
7 -- Senator Dollinger.
8 SENATOR DOLLINGER: Senator
9 Libous yield to a question?
10 ACTING PRESIDENT KUHL: Senator
11 Libous, would you yield to a question from
12 Senator Dollinger?
13 SENATOR LIBOUS: Be happy to, Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 yields.
17 SENATOR DOLLINGER: As I
18 understand this legislation, it would put those
19 private physicians on a level with-for profit
20 facilities and not-for-profit facilities and
21 will give them the ability on their own to admit
22 someone to a facility that they have an
23 association with, and it will facilitate the
24 treatment for the mentally ill that are facing
25 crisis situations; is that correct?
5599
1 SENATOR LIBOUS: That is correct.
2 SENATOR DOLLINGER: Absolutely
3 great reason to vote for the bill.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 THE SECRETARY: Ayes 54.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1299, by Senator Marchi, Senate Print 5256, an
13 act to amend the Real Property Tax Law, in
14 relation to the exemption.
15 ACTING PRESIDENT KUHL: Secretary
16 will read the last section.
17 SENATOR LEICHTER: No.
18 ACTING PRESIDENT KUHL: Senator
19 Marchi, an explanation of Calendar Number 1299
20 has been requested by Senator Leichter.
21 SENATOR MARCHI: Mr. President,
22 this property was purchased by Wagner College in
23 Staten Island in an FDIC foreclosure sale, and
24 last year we accorded Wagner College exemption
25 from taxes as an educational institution because
5600
1 they intend to use the existing buildings for
2 scholastic and academic purposes, and there is
3 sufficient land also to -- to put an athletic
4 facility on the property.
5 Wagner College is an expanding
6 institution, but it's not heavily funded by
7 funds that normally accrue to the major
8 institutions. Nevertheless, it has a very high
9 scholastic performance. Nevertheless, this -
10 all these aspirations would be dashed to the
11 ground. The -
12 SENATOR LEICHTER: Mr. President,
13 can I just, Senator, cut to the quick if I ask
14 you to yield to a question.
15 SENATOR MARCHI: Certainly.
16 ACTING PRESIDENT KUHL: Senator
17 yields.
18 SENATOR LEICHTER: I do know that
19 Wagner College is an excellent educational
20 institution. I certainly don't want to do
21 anything that would impose a financial burden on
22 it.
23 SENATOR MARCHI: No, I
24 understand.
25 SENATOR LEICHTER: I'm just
5601
1 surprised at this bill because we have, of
2 course, innumerable -- or not innumerable but
3 very many educational institutions in the
4 state. We never have a bill or I -- at least
5 I've never seen a bill before saying the
6 educational institution need not pay taxes on a
7 particular property because under the
8 Constitution, as an eleemosynary institution
9 dedicated to education, it's not required.
10 Why -- can you explain why we
11 need a bill in this instance?
12 SENATOR MARCHI: There is a -
13 you're perfectly correct in what you've stated.
14 What -- what developed and for some reason they
15 missed the fact that prior to the FDIC
16 foreclosure there were existing taxes owed the
17 city of New York, and I can't criticize the City
18 for saying, well, I want my money, but on the
19 other hand, their -- their means are very, very
20 slender and any -- any utilization of Wagner
21 College in development would be arrested and
22 they would be put in straitened circumstances if
23 they were compelled to pay the tax preceding the
24 foreclosure by the FDIC.
25 SENATOR LEICHTER: Mr. President,
5602
1 if Senator Marchi will continue to yield
2 please.
3 SENATOR MARCHI: It's a tough
4 question.
5 SENATOR LEICHTER: Right. I
6 understand the situation. Now, we're not
7 talking about taxes while the institution owned
8 the property.
9 SENATOR MARCHI: No. No.
10 SENATOR LEICHTER: They went and
11 they bought subject to taxes that were owed to
12 the city of New York, and I assume also maybe
13 the federal government, and you're trying to
14 say, well, even though they bought subject to
15 the taxes, you want to excuse them from the
16 payment of those taxes, is that correct?
17 SENATOR MARCHI: Well, at that
18 time, the question of -- there was a presump
19 tion, undoubtedly erroneous in view of the
20 circumstances because the taxes were in fact
21 owing, but when the FDIC foreclosed, the
22 assumption was that the FDIC had -- they gave a
23 conveyance without restriction that that
24 answered the problem.
25 It did not because the city of
5603
1 New York still had some pre-existing taxes going
2 back, and so we're now faced with the
3 expenditure of very slender reserves for the
4 expansion of Wagner College, and -- and the -
5 Senator, so we're weighing equities and I submit
6 that at this point it would be -- it would be a
7 very severe blow to the expansion of that
8 college. I don't think they could resume that
9 for a good long time if they had to invest in
10 the -- if they had to pay the taxes; so that
11 we're looking for this relief.
12 SENATOR LEICHTER: Senator
13 Marchi, if you would continue to yield. What is
14 the amount that's involved; what are the amount
15 of taxes owing to the city of New York that
16 we're seeking to excuse here?
17 SENATOR MARCHI: It's between 2
18 and $3 million, Senator.
19 One additional piece of
20 information that I had not supplied and counsel
21 reminded me of it, that this does not mandate
22 that the City do this, but it gives them the
23 option of doing it, so that having that option
24 the presumption is that it would be -- it would
25 raise some problems, I guess, if the City
5604
1 asserted it, not legal problems but
2 discretionary problems.
3 SENATOR LEICHTER: So, as I
4 understand it, this bill would authorize the
5 city of New York to say -
6 SENATOR MARCHI: Yeah.
7 SENATOR LEICHTER: -- we'll
8 forego that $2 million.
9 SENATOR MARCHI: Yes, but it
10 doesn't mandate that they do that. It does -
11 they're better off without that, but -- but that
12 is the extent of the problem.
13 SENATOR LEICHTER: Can I just ask
14 you one final question, if you will yield.
15 SENATOR MARCHI: Sure.
16 SENATOR LEICHTER: I assume that
17 when they went into the sale, I mean they
18 weren't buying a single little lot or a one
19 family house. I mean this is a sophisticated
20 buyer. I would assume the FDIC must have said
21 we're selling this subject to certain
22 encumbrances, tax liens and encumbrances, so
23 they must have bought this with their eyes open,
24 unless there was some real carelessness on the
25 part of the people who were acting for the
5605
1 institution.
2 SENATOR MARCHI: The assurances
3 given at that time were that since they were an
4 eleemosynary institution or a non-profit
5 institution, that they could apply for exemption
6 and -- and they did this and spent -- spent
7 certainly more than the amount of the taxes here
8 to -- to purchase the property at the time. I
9 -- it would be a severe setback to an
10 educational institution which the City can, I
11 suppose, very legally say, no, I won't do
12 anything about it, but I -- I rather doubt it
13 and I think the City at that point feels that
14 they have an obligation to proceed and in the
15 absence of the latitude which this bill would
16 afford it.
17 SENATOR LEICHTER: Mr. President,
18 if Senator Marchi -- I just want to say one
19 thing that concerns me is that there were other
20 bidders for this property. Those bidders
21 obviously had -- had in mind and must have
22 considered in their bid the fact that they would
23 have to pay 2- or $3 million in -- I think you
24 said $2 million in real estate taxes, so that
25 really in effect what we're now giving is an
5606
1 unfair advantage to one particular bidder,
2 although it's a wonderful institution.
3 I mean it certainly affected the
4 -- the price that was secured on the sale of
5 this particular parcel. That is correct in my
6 understanding.
7 SENATOR MARCHI: Well, I think
8 you have stated the question correctly, but
9 there was no design or it was happenstance. It
10 is the property of Wagner College. Our failure
11 to give the City discretionary authority to -
12 to exercise what is their right to do, I mean
13 they have the right to do it and say, Well, we
14 still want to go ahead and try to collect them
15 but they now have the authority without being -
16 being held irresponsible because they -- this is
17 a discretionary matter at the point of the
18 approval of this legislation to open it up to
19 educational opportunity.
20 It's a bargain in the sense that
21 we are purchasing additional space in a -- in a
22 college of modest means, but great
23 accomplishments academically and also not a
24 heavy tuition college and we're serving beyond
25 the borders of the City but principally local
5607
1 students, so it's a -- again, I can't fault
2 you.
3 SENATOR LEICHTER: Right.
4 SENATOR MARCHI: But I would urge
5 all of you to exercise, you know, your equitable
6 judgment on a matter such as this.
7 ACTING PRESIDENT KUHL: Senator
8 Leichter.
9 SENATOR LEICHTER: Yes, Mr.
10 President. I certainly understand what Senator
11 Marchi is doing. He is supporting a very fine
12 educational institution. I understand this is
13 certainly going to be a burden on it. I -- I'm
14 just troubled by the fact that, one, they didn't
15 understand that they were buying subject to this
16 lien, and while it's perfectly true that an
17 educational institution need not pay real estate
18 taxes, obviously we're talking now of taxes
19 prior to the time that they acquired the
20 property and it's hard for me to understand how
21 they could have made such a gross error, but you
22 say they made it in good faith and I accept
23 that. I certainly wouldn't want to establish a
24 precedent because it would seem to me to be an
25 open invitation for educational institutions or
5608
1 other charitable institutions to go in, buy
2 distressed property that's subject to lien and
3 say, Well, we don't have to pay the taxes. We
4 have the precedent. Take a look at what
5 happened to Wagner College.
6 Having said this, Senator, I
7 understand that you're leaving it up to the city
8 of New York which essentially means the city of
9 New York is going to make a $2 million
10 contribution to Wagner College.
11 Knowing how kind the mayor has
12 been to the good people of Staten Island, he's
13 eliminated your charges for ferry service, a lot
14 of other things, he's closing your landfill, I
15 would imagine he'll -- he'll respond. He'll
16 look at the calendar and say it's 1997, what
17 happens in November. Oh, yes, sure, we'll -
18 we'll be happy to give $2 million to Wagner
19 College. But I will leave that to the good
20 mayor to decide what's right for the people of
21 the city of New York.
22 It is a substantial amount of
23 money and, as you point out, you're weighing
24 equity, money that's due to the people of the
25 city of New York as against a very fine
5609
1 educational institution which, as you rightly
2 point out, doesn't have a great deal of
3 resources.
4 Having said this, I'll leave it
5 for the mayor to decide what's right.
6 ACTING PRESIDENT KUHL: Senator
7 Dollinger.
8 SENATOR DOLLINGER: Mr.
9 President, Wagner College is a long ways away
10 from Monroe County, but I join in the sentiments
11 of my colleague from Manhattan.
12 Frankly, Senator Marchi, I don't
13 understand why, when bidding on a foreclosure,
14 2- or $3 million in real property taxes owed to
15 the city of New York, a lawyer on behalf of the
16 college says, or on behalf of the FDIC, whoever
17 is the seller of this piece of property, says we
18 don't have to worry about the 2- or $3 million
19 owed to the city of New York.
20 What I assume happened, and I
21 agree with Senator Leichter, I'm not a real
22 property lawyer but I know enough about real
23 property to know that, when you buy a property
24 subject to taxes, you pay less for the property
25 with the understanding that you're going to pay
5610
1 the taxes. The property is worth $5 million and
2 it's encumbered by $3 million in real property
3 taxes, you pay $2 million for it. Then you've
4 paid $5 million.
5 You take the $3 million, pay it
6 to the city of New York, give the seller $2
7 million you've given the seller $5 million for a
8 $5 million property. What I think happened here
9 is that Wagner said, Gee, we're stuck with these
10 taxes. What we'll do is ask the state
11 Legislature and the city of New York in that
12 somewhat quadrennial mood that mayors may be in
13 every now and then when the right odd numbered
14 year rolls around. They decide to come to the
15 state Legislature.
16 I have one concern about this:
17 Is this a gift, an outright gift of $3 million
18 to a college in violation of the state
19 Constitution? We're as good as giving the
20 college $3 million with no stated purpose
21 attached, no publicly demonstrated need other
22 than they don't want to pay the real property
23 taxes that accrued on a piece of property that
24 they bought and paid cash for and that they
25 paid -- when they paid for it, they knew they
5611
1 were undertaking a 2- or $3 million obligation.
2 So I'm concerned that this may
3 violate the constitutional ban on gifts and,
4 Senator Marchi, I say this with all respect, I
5 don't understand why, if a bill for Wagner
6 College which sits in Senator Gentile's
7 district, why his name isn't even on the bill.
8 I don't hold -- Senator Marchi, I
9 say this with all due respect to you, I know it
10 doesn't originate with you, but it seems to me
11 that on a matter like this that involves
12 something right in the heart of the district of
13 a state Senator, that his name ought to be on
14 this bill.
15 We live in this Alice in
16 Wonderland world here somehow in the 2-, the 400
17 yards between these two houses where the
18 benefits to particular Senators for things that
19 happen in their districts seem to never get
20 recognized. They never seem to be a part of the
21 process. I still don't understand it. I've
22 never understood it, why Senator Gentile's name
23 couldn't be on a bill for Wagner College which
24 is right in his home district.
25 I guess that's part of what we do
5612
1 around here. I hope, I pray, for the day when
2 that kind of foolishness is a part of the
3 distant past.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section -
7 SENATOR MARCHI: Just one more
8 statement because I -- Senator Gentile has been
9 very supportive of efforts to help in these
10 situations. The whole thing started before we
11 were involved in an election and his presence
12 was here, but I have no doubt that he stands
13 forthrightly in favor of this legislation. Not
14 -- and he has been -- he has been included in
15 those situations that have matured since, as he
16 will attest to.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section -
20 SENATOR DOLLINGER: I have a
21 follow-up on Senator Marchi's comments.
22 I understand because I've had a
23 private conversation with Senator Gentile. I
24 know he's a strong supporter of this bill.
25 Despite my reservations about it, I'm going to
5613
1 vote for it because he told me to vote for it
2 but it seems to me that the whole notion of
3 somehow putting his name on this bill would
4 somehow change something in the big picture, I
5 don't quite understand, never understood it, and
6 I, frankly, think it's unfortunate to my
7 colleague to my left.
8 SENATOR GOLD: Mr. President.
9 THE PRESIDENT: Senator Gold.
10 SENATOR GOLD: Thank you so much.
11 Would my dear friend, Senator
12 Marchi, yield to one question?
13 SENATOR MARCHI: Yes.
14 ACTING PRESIDENT KUHL: Senator
15 Marchi, you yield? Senator yields.
16 SENATOR GOLD: Yes, Senator,
17 there was just one part of your last answer I
18 didn't understand. Senator Gentile and you and
19 I and every other member of the Senate was
20 elected last year, and this bill and every other
21 bill was introduced anew after that election, so
22 Senator Gentile was certainly a part of this
23 body at the time that the bill was introduced,
24 so I don't understand when you said it started
25 before him. I would imagine that, you know, at
5614
1 the time the bill was introduced, he was the
2 member duly elected. Even as we stand here
3 right now, there is something called "buck slip"
4 and it seems to me, Senator, that in the
5 fairness which under oath I would have to admit
6 you have, Senator, it seems to me that Senator
7 Gentile could be put on the bill right now as a
8 co-sponsor to show his support and show your
9 appreciation of his support.
10 SENATOR MARCHI: Well, let the
11 record show that the Senator is wholeheartedly
12 in support of this bill. I certainly, Senator,
13 can attest to the fact that I have made that
14 response on numerous occasions when people have
15 asked me, and I think that the Senator knows
16 that.
17 SENATOR GOLD: Well, Senator,
18 will you yield to one more question?
19 ACTING PRESIDENT KUHL: Senator
20 Marchi, do you yield to another question from
21 Senator Gold?
22 SENATOR MARCHI: Yes.
23 ACTING PRESIDENT KUHL: Senator
24 yields.
25 SENATOR GOLD: Can we have a buck
5615
1 slip, or is that what you call it, and have it
2 executed right now and make him a co-sponsor of
3 the bill?
4 SENATOR MARCHI: I have no
5 objection.
6 SENATOR GOLD: All right. Thank
7 you very much. If I could have the Clerk
8 prepare it for Senator Gentile and we'll get it
9 signed and have it done right now. Senator
10 Marchi, I've always said you are a gentleman,
11 and you continue to be.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 54.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 Secretary will continue to call
23 the controversial calendar.
24 Senator Cook, do you wish to be
25 recorded in the negative on the last bill?
5616
1 Without objection, hearing no objection, Senator
2 Cook will be recorded in the negative on
3 Calendar Number 1299.
4 Secretary will continue to read.
5 THE SECRETARY: Calendar Number
6 1309, by Senator Wright, Senate Print 5459, an
7 act to amend Chapter 533 of the Laws of 1993.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 54.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Skelos, that completes
19 the reading of the controversial calendar.
20 SENATOR SKELOS: Can we stand at
21 ease.
22 ACTING PRESIDENT KUHL: The
23 Senate will stand at ease.
24 (The Senate stood at ease from
25 11:55 a.m., to 12:16 p.m.)
5617
1 SENATOR SKELOS: There will be a
2 Majority Conference at 12:30 in the Majority
3 Conference Room.
4 (The Senate stood at ease from
5 12:17 p.m., until 12:59 p.m.)
6 SENATOR SKELOS: Mr. President.
7 ACTING PRESIDENT VOLKER: Senator
8 Skelos.
9 Senator Lack?
10 SENATOR LACK: Mr. President,
11 there will be a meeting of the Committee on the
12 Judiciary at 5:00 o'clock this afternoon in Room
13 332 for the purpose of considering one
14 nomination. Committee on Judiciary in Room 332
15 at 5:00 o'clock.
16 ACTING PRESIDENT VOLKER:
17 Committee on Judiciary 5:00 p.m., this
18 afternoon, this date.
19 SENATOR SKELOS: Mr. President,
20 there will be a Majority Conference at 5:30, and
21 the Senate will stand at ease.
22 ACTING PRESIDENT VOLKER: Senate
23 will stand at ease until 5:30 when the Senate
24 Majority will have a Conference in the Majority
25 Conference Room. We'll be at ease until at
5618
1 least that time.
2 SENATOR CONNOR: Minority
3 Conference at 5:30 this evening.
4 (Whereupon at 1:01 p.m., the
5 Senate stood at ease.)
6 (The Senate reconvened at 9:38
7 p.m.)
8 ACTING PRESIDENT KUHL: The
9 Senate will come to order. Members will find
10 their places, staff find their places.
11 Chair recognizes Senator Bruno.
12 SENATOR BRUNO: Mr. President,
13 can we at this time return to reports of
14 standing committees. I believe there's a report
15 at the desk from the Judiciary Committee.
16 ACTING PRESIDENT KUHL: Return to
17 reports of standing committees. I believe
18 there's a report from the Judiciary Committee at
19 the desk. I'll ask the Secretary to read.
20 THE SECRETARY: Senator Lack,
21 from the Judiciary Committee, reports the
22 following nomination: John A. Lahtinen, of
23 Clinton County, as a Justice of the Supreme
24 Court for the Fourth Judicial District.
25 ACTING PRESIDENT KUHL: Chair
5619
1 recognizes Senator Lack.
2 SENATOR LACK: Thank you, Mr.
3 President.
4 It's my pleasure to rise to move
5 the nomination of John A. Lahtinen to the
6 position of Supreme Court Justice in the Fourth
7 Judicial District. Mr. Lahtinen has been
8 examined by the Governor's new screening
9 committee, was unanimously moved to the Senate.
10 We have checked into his credentials; he
11 appeared before the Senate Judiciary Committee
12 earlier in the day, was unanimously endorsed by
13 that committee, moved to the floor of the Senate
14 for consideration tonight, and it is with utmost
15 pride that I yield to Mr. Lahtinen's partner,
16 our Honorable Ronald Stafford, the Senator from
17 Plattsburgh.
18 ACTING PRESIDENT KUHL: The Chair
19 recognizes Senator Stafford, on the nomination.
20 SENATOR STAFFORD: Mr. President,
21 I thank the Majority Leader, the Chairman and
22 the ranking member of Judiciary, Senator
23 Leichter. Due to certain personal
24 circumstances, it was agreed upon to move Mr.
25 Lahtinen's nomination due to a serious situation
5620
1 in his family. His daughter is not with us this
2 evening here but she's not that far away from
3 here, and we know she's with us in spirit,
4 Melissa, and we're certainly with her.
5 I'd share with all of you that
6 we're confirming a gentleman who has
7 distinguished himself in the practice of law;
8 he's distinguished himself as a citizen. He was
9 educated in the mining town of Port Henry,
10 graduated from public school, and we're not
11 going to hold it against him that he graduated
12 from Colgate, even though they beat Boston
13 College his senior year when he was quite
14 involved in it.
15 He then went on and graduated
16 from law school, and he was Norm Harvey's clerk,
17 law secretary, whatever you want to call it. In
18 other words, he did the research, was his
19 assistant, and Judge Harvey who served in the
20 Appellate Division was a friend of many of us.
21 Anyone who worked for him for one minute you can
22 be sure knew and knows what he's doing as far as
23 the law is concerned.
24 John Lahtinen has been very
25 involved in his community, in his church. He
5621
1 has done a great deal of volunteer work. I
2 might, add those who have worked with him, I'm
3 sure none of you would believe this here today
4 but Mr. Lahtinen and I always haven't agreed.
5 I'm sure you can't believe that working with me
6 but, on the other hand, we've respected one
7 another, and I just would share with you that,
8 very frankly, this is an example of a system
9 really working, getting a person who is
10 qualified, a person who is his own person,
11 who'll call it as he sees it, and believe me he
12 will, and he certainly has the temperament, the
13 ability to serve on the Supreme Court and once
14 again, I want to thank the leader, the Majority
15 Leader, want to thank the chairman of Judiciary
16 and, as I say, the ranking member on judiciary,
17 Mr. Lahtinen is qualified. He is an exemplary
18 candidate, but due to certain circumstances in
19 his family, we very much wanted to do that this
20 week, and we thank you all and, Mr. President,
21 I, together with Senator Lack, certainly am
22 honored to join in the confirmation.
23 ACTING PRESIDENT KUHL: Is there
24 any other Senator wishing to speak on the
25 nomination? Hearing none, the question is on
5622
1 the nomination of John A. Lahtinen, of Clinton
2 County, to become a Justice of the Supreme Court
3 for the Fourth Judicial District. All those in
4 favor of the nomination, signify by saying aye.
5 (Response of "Aye.")
6 Opposed nay.
7 (There was no response. )
8 The nominee is unanimously
9 confirmed.
10 We're very, very pleased to have
11 Judge Lahtinen with us in the chamber tonight
12 along with his wife Eleanor. Judge,
13 congratulations, good luck and nothing but great
14 decisions.
15 (Applause)
16 Senator Bruno.
17 SENATOR BRUNO: Mr. President,
18 can we at this time ask for a meeting of the
19 Rules Committee in Room 332.
20 ACTING PRESIDENT KUHL: There
21 will be an immediate meeting, immediate meeting
22 of the Rules Committee in the Majority
23 Conference Room, Room 332. Immediate meeting of
24 the Rules Committee in the Majority Conference
25 Room, Room 332.
5623
1 Senator Bruno.
2 SENATOR BRUNO: Mr. Bruno, can we
3 return to motions and resolutions. I believe
4 Senator Lack would like to be recognized.
5 ACTING PRESIDENT KUHL: Return to
6 motions and resolutions. Chair recognizes
7 Senator Lack.
8 SENATOR LACK: Thank you, Mr.
9 President.
10 On behalf of Senator Nozzolio, I
11 wish to call up his Calendar Number 608,
12 Assembly Print Number 4808.
13 ACTING PRESIDENT KUHL: Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 608, by member of the Assembly Crowley, Assembly
17 Print 4808, an act to amend the General Business
18 Law.
19 ACTING PRESIDENT KUHL: Senator
20 Lack.
21 SENATOR LACK: I now move to
22 reconsider the vote by which this Assembly bill
23 was substituted for Senator Nozzolio's bill,
24 Senate Print Number 2775, on June 16th.
25 ACTING PRESIDENT KUHL: Secretary
5624
1 will call the roll on reconsideration.
2 (The Secretary called the roll on
3 reconsideration.)
4 THE SECRETARY: Ayes 60.
5 ACTING PRESIDENT KUHL: Senator
6 Lack.
7 SENATOR LACK: I move that
8 Assembly Bill Number 4808 be recommitted to the
9 Committee on Rules and that Senator Nozzolio's
10 bill be restored to the order of Third Reading
11 Calendar.
12 ACTING PRESIDENT KUHL: The
13 Assembly bill is recommited, and the Senate bill
14 is restored.
15 Senator Lack.
16 SENATOR LACK: I now offer, on
17 behalf of Senator Nozzolio, the following
18 amendments.
19 ACTING PRESIDENT KUHL:
20 Amendments are received and adopted.
21 Senator Cook.
22 SENATOR LACK: Uh-uh-uh. I got a
23 zillion. You want to -
24 ACTING PRESIDENT KUHL: Senator
25 Lack, we're trying to mix it up a little bit
5625
1 this evening.
2 Senator Cook, would you like to
3 make a motion.
4 SENATOR COOK: Yes.
5 ACTING PRESIDENT KUHL: Yeah; why
6 not!
7 SENATOR COOK: Madam President,
8 Mr. President, after recognition by the Chair, I
9 wish to call up my bill, Print Number 1373,
10 recalled from the Assembly which is now at the
11 desk. Secretary will read the title of the
12 bill. Oh, I'm sorry.
13 ACTING PRESIDENT KUHL: Thank
14 you. Thank you. We ought to change places,
15 Senator Cook. Secretary will read the title.
16 THE SECRETARY: Calendar Number
17 126, by Senator Cook, Senate Print 1373, an act
18 to amend the Executive Law.
19 SENATOR COOK: I now move to
20 reconsider the vote by which the bill was
21 passed.
22 ACTING PRESIDENT KUHL: Secretary
23 call the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration.)
5626
1 THE SECRETARY: Ayes 60.
2 ACTING PRESIDENT KUHL: Senator
3 Cook.
4 SENATOR COOK: I offer the
5 following amendments, with my thanks.
6 ACTING PRESIDENT KUHL:
7 Amendments are received and adopted.
8 Senator Holland.
9 SENATOR HOLLAND: Mr. President,
10 for Senator Johnson, on page 12, I offer the
11 following amendments to Calendar Number 341,
12 Senate Print Number 2550, and ask that the said
13 bill retain its place on the Third Reading
14 Calendar.
15 ACTING PRESIDENT KUHL:
16 Amendments to Calendar 341 are received and
17 adopted and the bill will retain its place on
18 the Third Reading Calendar.
19 Senator Lack.
20 SENATOR LACK: I in my way, Mr.
21 President, because I would just like to call up
22 Senator Bruno's bill, Print Number 5550,
23 recalled from the Assembly which is now at the
24 desk.
25 ACTING PRESIDENT KUHL: Secretary
5627
1 will read.
2 THE SECRETARY: Calendar Number
3 1316, by the Senate Committee on Rules, Senate
4 Print 5550-A, an act authorizing the Department
5 of Health.
6 ACTING PRESIDENT KUHL: Senator
7 Lack.
8 SENATOR LACK: Did you say
9 something? I'd like to move to reconsider the
10 vote by which this bill was passed.
11 ACTING PRESIDENT KUHL: Secretary
12 will call the roll on reconsideration.
13 (The Secretary called the roll on
14 reconsideration.)
15 THE SECRETARY: Ayes 60.
16 ACTING PRESIDENT KUHL: Senator
17 Lack.
18 SENATOR LACK: Well, now that
19 it's been to its place on the Third Reading
20 Calendar, I'd like to offer on behalf of Senator
21 Bruno the following amendments.
22 ACTING PRESIDENT KUHL:
23 Amendments are received and adopted.
24 Senator Lack.
25 SENATOR LACK: Let's see. Mr.
5628
1 President, on behalf of Senator Goodman, I wish
2 to call up his Calendar Number 371, Assembly
3 Print -
4 ACTING PRESIDENT KUHL: Senator
5 Lack. Senator Lack, excuse me the interruption
6 momentarily.
7 SENATOR BRUNO: Mr. President.
8 ACTING PRESIDENT LACK: Senator
9 Bruno.
10 SENATOR BRUNO: Mr. President,
11 before that, can we at this time call up
12 Calendar 1316.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the title of Calendar Number 1316,
15 1316.
16 THE SECRETARY: Calendar Number
17 1316, by the Senate Committee on Rules, Senate
18 Print 5550-A, an act authorizing the Department
19 of Health.
20 SENATOR BRUNO: Is there a
21 message at the desk?
22 ACTING PRESIDENT KUHL: There is
23 a message at the desk, Senator Bruno.
24 SENATOR BRUNO: Move we accept
25 the message.
5629
1 ACTING PRESIDENT KUHL: Motion is
2 to accept the message on Calendar Number 1316.
3 All those in favor signify by saying aye.
4 (Response of "Aye.")
5 Opposed nay.
6 (There was no response. )
7 The message is accepted.
8 Secretary will read the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 60.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 Senator Lack.
18 SENATOR LACK: On behalf of
19 Senator Goodman, I wish to call up his Calendar
20 371, Assembly Print Number 5036-A.
21 ACTING PRESIDENT KUHL: Secretary
22 will read.
23 THE SECRETARY: Calendar Number
24 371, by member of the Assembly McLaughlin,
25 Assembly Print 5036-A, an act to amend the
5630
1 Transportation Law.
2 ACTING PRESIDENT KUHL: Senator
3 Lack.
4 SENATOR LACK: Move to reconsider
5 the vote by which this Assembly bill was
6 substituted for Senator Goodman's bill, Senate
7 Print Number 416-A, on June 16th.
8 ACTING PRESIDENT KUHL: Secretary
9 will call the roll on reconsideration.
10 (The Secretary called the roll on
11 reconsideration. )
12 THE SECRETARY: Ayes 60.
13 ACTING PRESIDENT KUHL: Senator
14 Lack.
15 SENATOR LACK: Now move that
16 Assembly Bill Number 5036-A be recommitted to
17 the Committee on Rules and that Senator
18 Goodman's bill be restored to the Third Reading
19 Calendar.
20 ACTING PRESIDENT KUHL: The
21 Assembly bill is recommitted and the Senate bill
22 is restored to the calendar.
23 Senator Lack.
24 SENATOR LACK: I now offer the
25 following amendments.
5631
1 ACTING PRESIDENT KUHL: Amendments
2 are received and adopted.
3 Senator Lack.
4 SENATOR LACK: On behalf of you,
5 Mr. President, I wish to call up your Calendar
6 Number 389, Assembly Print Number 5409.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the title.
9 THE SECRETARY: Calendar Number
10 389, by member of the Assembly Parment, Assembly
11 Print 5409, an act to amend the Agriculture and
12 Markets Law.
13 ACTING PRESIDENT KUHL: Senator
14 Lack.
15 SENATOR LACK: I now move to re
16 consider the vote by which the Assembly bill was
17 substituted for your bill, Print Number 3158 on
18 April 2nd.
19 ACTING PRESIDENT KUHL: Secretary
20 will call the roll on reconsideration.
21 (The Secretary called the roll on
22 reconsideration.)
23 THE SECRETARY: Ayes 60.
24 ACTING PRESIDENT KUHL: Senator
25 Lack.
5632
1 SENATOR LACK: I now move that
2 Assembly Bill Number 5409 be recommitted to the
3 Committee on Agriculture and that your bill be
4 restored to the order of the Third Reading
5 Calendar.
6 ACTING PRESIDENT KUHL: The
7 Assembly bill will be recommitted. The Senate
8 bill is restored.
9 Senator Lack.
10 SENATOR LACK: On your behalf, I
11 now offer the following amendments.
12 ACTING PRESIDENT KUHL: Amendments
13 are received and adopted.
14 Senator Lack.
15 SENATOR LACK: On behalf of
16 Senator Meier, on page number 30, I offer the
17 following amendments to Calendar Number 855,
18 Senate Print Number 3307-A, and ask that said
19 bill retain its place on Third Reading
20 Calendar.
21 ACTING PRESIDENT KUHL:
22 Amendments are received and adopted. The bill
23 will retain its place on the Third Reading
24 Calendar.
25 Senator Lack.
5633
1 SENATOR LACK: Mr. President, on
2 behalf of Senator Skelos, on page number 21, I
3 offer the following amendments to Calendar
4 Number 625, Senate Print Number 1023, and ask
5 that the bill retain its place on the order of
6 Third Reading.
7 ACTING PRESIDENT KUHL:
8 Amendments to Calendar Number 625 are received
9 and adopted and the bill will retain its place
10 on the Third Reading Calendar.
11 Senator Lack.
12 SENATOR LACK: On behalf of
13 Senator Spano, on page number 15, I offer the
14 following amendments to Calendar Number 452,
15 Senate Print Number 3483, and ask that that bill
16 also retain its place on the Third Reading
17 Calendar.
18 ACTING PRESIDENT KUHL:
19 Amendments to Calendar Number 452 are received
20 and adopted and the bill will retain its place
21 on the Third Reading Calendar.
22 Senator Lack.
23 SENATOR LACK: On behalf of
24 Senator Tully, I offer, on page number 39, I
25 offer the following amendments to Calendar
5634
1 Number 1100, Senate Print Number 5005-A, and ask
2 that that bill too retain its place.
3 ACTING PRESIDENT KUHL:
4 Amendments to Calendar Number 1100 are received
5 and adopted. The bill will retain its place on
6 the Third Reading Calendar.
7 Senator Lack.
8 SENATOR LACK: I wish to call up
9 my bill, Print Number 2918-A recalled from the
10 Assembly which is now at the desk.
11 ACTING PRESIDENT KUHL: Secretary
12 will read the title.
13 THE SECRETARY: Calendar Number
14 259, by Senator Lack, Senate Print 2918-A, an
15 act to amend the Family Court Act.
16 ACTING PRESIDENT KUHL: Senator
17 Lack.
18 SENATOR LACK: I now move to
19 reconsider the vote by which this bill was
20 passed.
21 ACTING PRESIDENT KUHL: Secretary
22 will call the roll on reconsideration.
23 (The Secretary called the roll on
24 reconsideration. )
25 THE SECRETARY: Ayes 60.
5635
1 ACTING PRESIDENT KUHL: Senator
2 Lack.
3 SENATOR LACK: I now offer the
4 following amendments.
5 ACTING PRESIDENT KUHL:
6 Amendments are received and adopted.
7 Senator Lack.
8 SENATOR LACK: On behalf of
9 Senator Goodman, I wish to call up his bill,
10 Print Number 419 recalled from the Assembly
11 which is now at the desk.
12 ACTING PRESIDENT KUHL: Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 52, by Senator Goodman, Senate Print 419, an
16 acted to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT KUHL: Senator
18 Lack.
19 SENATOR LACK: I now move to re
20 consider the vote by which the bill was passed.
21 ACTING PRESIDENT KUHL: Secretary
22 will call the roll on reconsideration.
23 (The Secretary called the roll on
24 reconsideration.)
25 THE SECRETARY: Ayes 60.
5636
1 ACTING PRESIDENT KUHL: Senator
2 Lack.
3 SENATOR LACK: Now offer the
4 following amendments.
5 ACTING PRESIDENT KUHL:
6 Amendments are received and adopted.
7 Senator Lack.
8 SENATOR LACK: On behalf of
9 Senator Velella, I wish to call up his bill,
10 Print Number 18-A, recalled from the Assembly
11 which is now at the desk.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the title.
14 THE SECRETARY: Calendar Number
15 232, by Senator Velella, Senate Print 18-A, an
16 act to amend the Insurance Law.
17 ACTING PRESIDENT KUHL: Senator
18 Lack.
19 SENATOR LACK: I now move to
20 reconsider the vote by which this bill was
21 passed.
22 ACTING PRESIDENT KUHL: Secretary
23 will call the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration.)
5637
1 THE SECRETARY: Ayes 60.
2 ACTING PRESIDENT KUHL: Senator
3 Lack.
4 SENATOR LACK: I now offer the
5 following amendments.
6 ACTING PRESIDENT KUHL: Amend
7 ments are received and adopted. Senator Lack.
8 SENATOR LACK: Mr. President,
9 amendments are offered to the following Third
10 Reading Calendar bills:
11 By Senator Present, on page 5,
12 Calendar Number 110, Senate Print 765;
13 Senator Volker, page 10, Calendar
14 Number 284, Senate Print 365-B;
15 By Senator Farley, on page 12,
16 Calendar Number 367, Senate Print Number 2734;
17 By Senator Marchi, on page 15,
18 Calendar Number 454, Senate Print Number 2921-A;
19 By Senator Skelos, page 15,
20 Calendar Number 439, Senate Print Number 589-A;
21 By Senator Alesi, page 24,
22 Calendar Number 733, Senate Print Number 3573-A;
23 By Senator Wright, page 25,
24 Calendar Number 734, Senate Print Number 4224;
25 By Senator Cook, page 28,
5638
1 Calendar Number 793, Senate Print Number 3426;
2 By myself, on page 28, Calendar
3 Number 803, Senate Print 1603-B;
4 By you, Mr. President, on page
5 40, Calendar Number 1135, Senate Print Number
6 2244;
7 By Senator Leibell, on page 19,
8 Calendar Number 574, Senate Print 3674; and
9 By Senator Bruno, on page 40,
10 Calendar Number 1154, Senate Print Number 5254
11 B.
12 ACTING PRESIDENT KUHL: The
13 amendments are received and adopted. Bills will
14 retain their place on the Third Reading
15 Calendar.
16 Senator Rath.
17 SENATOR RATH: Mr. President, on
18 page 48, I offer the following amendments to
19 Calendar 1216, Senate Print 4851, ask that the
20 bill retain its place on Third Reading
21 Calendar. Please remove the sponsor's star.
22 ACTING PRESIDENT KUHL:
23 Amendments to Calendar 1216 are received and
24 adopted and the star will be removed from the
25 bill at the request of the sponsor.
5639
1 Senator Marcellino.
2 SENATOR MARCELLINO: Yes, Mr.
3 President. I wish to call up Senator Saland's
4 bill, Print Number 2703-A recalled from the
5 Assembly which is now at the desk.
6 ACTING PRESIDENT KUHL: Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 982, by Senator Saland, Senate Print 2703-A, an
10 act to amend the Vehicle and Traffic Law.
11 SENATOR MARCELLINO: Mr.
12 President, I now -
13 ACTING PRESIDENT KUHL: Senator
14 Marcellino.
15 SENATOR MARCELLINO: I now move
16 to reconsider the vote by which this bill was
17 passed.
18 ACTING PRESIDENT KUHL: Secretary
19 will call the roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 60.
23 ACTING PRESIDENT KUHL: Senator
24 Marcellino.
25 SENATOR MARCELLINO: I now offer
5640
1 the following amendments, Mr. President.
2 ACTING PRESIDENT KUHL:
3 Amendments received and adopted.
4 Senator Holland.
5 SENATOR HOLLAND: Mr. President,
6 on behalf of Senator Maziarz, on page number 17,
7 I offer the following amendments to Calendar
8 Number 498, Senate Print Number 403, and ask
9 that the said bill retain its place on the Third
10 Reading Calendar.
11 ACTING PRESIDENT KUHL:
12 Amendments to Calendar Number 498 are received
13 and adopted. The bill will retain its place on
14 the Third Reading Calendar.
15 Senator Holland.
16 SENATOR HOLLAND: On behalf of
17 Senator Tully, on page number 31, I offer the
18 following amendments to Calendar Number 869,
19 Senate Print Number 5141, and ask that the said
20 bill retain its place on the Third Reading
21 Calendar.
22 ACTING PRESIDENT KUHL:
23 Amendments to Calendar 869 are received and
24 adopted. The bill will retain its place on the
25 Third Reading Calendar.
5641
1 Senator Holland.
2 SENATOR HOLLAND: Mr. President,
3 on behalf of Senator Farley, on page number 34,
4 I offer the following amendments to Calendar
5 Number 976, Senate Print Number 1816, and ask
6 that the said bill retain its place on the Third
7 Reading Calendar.
8 ACTING PRESIDENT KUHL:
9 Amendments to Calendar Number 976 are received
10 and adopted. The bill will retain its place on
11 the Third Reading Calendar.
12 Senator Holland.
13 SENATOR HOLLAND: Mr. President,
14 on behalf of Senator Larkin, on page number 8, I
15 offer the following amendments to Calendar
16 Number 199, Senate Print Number 1724-A, and ask
17 that the said bill retain its place on the Third
18 Reading Calendar.
19 ACTING PRESIDENT KUHL:
20 Amendments to Calendar 199 are received and
21 adopted. The bill will retain its place on the
22 Third Reading Calendar.
23 Senator Marcellino.
24 SENATOR MARCELLINO: Mr.
25 President, on behalf of Senator Levy, please
5642
1 remove a sponsor's star from Calendar Number
2 376.
3 ACTING PRESIDENT KUHL: The star
4 is removed on Calendar Number 376 at the request
5 of the sponsor.
6 Senator Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, I move that the following bills be
9 discharged from their respective committees and
10 be recommitted with instructions to strike the
11 enacting clause: On behalf of Senator Goodman,
12 Bill Number 3658.
13 ACTING PRESIDENT KUHL: All
14 right. The Assembly bill will be recommitted and
15 the Senate bill is restored.
16 Senator Marcellino.
17 SENATOR MARCELLINO: Mr.
18 President, I move to amend Senate Bill Number
19 476-A by striking out the amendments made on
20 6-18 and restoring it to its original Print
21 Number 476, Calendar Number 223.
22 ACTING PRESIDENT KUHL: The
23 motion is granted.
24 SENATOR GOLD: Mr. President.
25 ACTING PRESIDENT KUHL: Senator
5643
1 Oppenheimer.
2 SENATOR OPPENHEIMER: I'd like
3 unanimous consent to be recorded in the negative
4 on 1317, please.
5 ACTING PRESIDENT KUHL: Without
6 objection, hearing no objection, Senator
7 Oppenheimer will be recorded in the negative on
8 Calendar Number 1317.
9 Senator Marcellino.
10 SENATOR MARCELLINO: On a
11 positive note, on behalf of Senator Skelos, Mr.
12 President, on page number 46, I offer the
13 following amendments to Calendar Number 223,
14 Senate Print Number 476, and ask that the said
15 bill retain its place on the Third Reading
16 Calendar.
17 ACTING PRESIDENT KUHL:
18 Amendments to Calendar Number 223 are received
19 and adopted. The bill will retain its place on
20 the Third Reading Calendar. The clerk will read
21 the substitutions at the desk.
22 THE SECRETARY: Senator Hannon
23 moves to discharge from the Committee on Rules
24 Assembly Bill Number 7056-A and substitute it
25 for the identical Third Reading Calendar 773,
5644
1 and on page 36, Senator Levy moves to discharge
2 from the Committee on Rules Assembly Bill Number
3 6095 and substitute it for the identical Third
4 Reading Calendar 1003.
5 ACTING PRESIDENT KUHL:
6 Substitutions are ordered.
7 Senator Bruno.
8 SENATOR BRUNO: Can we return to
9 reports of standing committees and at this time
10 accept the report of the Rules Committee.
11 ACTING PRESIDENT KUHL: We'll
12 return to the order of reports of standing
13 committees. There is a Rules report at the
14 desk. I'll ask the Secretary to read.
15 THE SECRETARY: Senator Bruno,
16 from the Committee on Rules, reports the
17 following bill direct for third reading:
18 Senate Print 5553, by the Senate
19 Committee on Rules, an act to enact the Rent
20 Regulation Reform Act of 1997.
21 ACTING PRESIDENT KUHL: Motion is
22 to accept the report of the Rules Committee.
23 All those in favor signify by saying aye.
24 (Response of "Aye.")
25 Opposed nay.
5645
1 (There was no response. )
2 The Rules report is accepted.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President,
5 can we at this time take up Calendar Number
6 1318.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the substitution which is at the
9 desk.
10 THE SECRETARY: Senator Bruno
11 moves to discharge from the Committee on Rules
12 Assembly Bill Number 8346 and substitute it for
13 the identical Third Reading Calendar 1318.
14 ACTING PRESIDENT KUHL:
15 Substitution is ordered. Secretary will read
16 the title.
17 THE SECRETARY: Calendar Number
18 1318, by the Assembly Committee on Rules,
19 Assembly Print 8346, an act to enact the Rent
20 Regulation Reform Act of 1997.
21 ACTING PRESIDENT KUHL: Senator
22 Bruno.
23 SENATOR BRUNO: Is there a
24 message of necessity at the desk, Mr. President?
25 ACTING PRESIDENT KUHL: There
5646
1 is.
2 SENATOR BRUNO: Move we accept
3 the message.
4 ACTING PRESIDENT KUHL: Motion is
5 to accept the message of necessity on Calendar
6 Number 1318. All those in favor signify by
7 saying aye.
8 (Response of "Aye.")
9 Opposed nay.
10 The message is accepted. The
11 bill is before the house.
12 Secretary will read the last
13 section.
14 SENATOR CONNOR: Explanation.
15 ACTING PRESIDENT KUHL: Senator
16 Bruno, an explanation of 1318 has been requested
17 by the Minority Leader, Senator Connor. To whom
18 would you like the explanation directed?
19 SENATOR BRUNO: Mr. President, I
20 believe the chair of the Housing Committee in
21 the Senate, Senator Leibell.
22 ACTING PRESIDENT KUHL: Chair
23 recognizes Senator Leibell for an explanation.
24 SENATOR BRUNO: Thank you for
25 (unintelligible) -
5647
1 SENATOR LEIBELL: Thank you very
2 much, Mr. President.
3 This session has been dominated
4 by only a couple of issues. We are here to
5 night to conclude business on one of those
6 issues.
7 Some months ago, in the time
8 frame of last December and January, the Senate
9 Majority Leader, Senator Bruno, brought to the
10 floor an issue that has been before this body in
11 the past, and an issue that involved a great
12 deal of controversy.
13 I initially start by commending
14 our leader, Senator Bruno, for bringing this
15 issue to the attention not only of this
16 legislative body, but to all the people of the
17 state of New York. Of course, I'm talking about
18 rent regulations.
19 This is a critically important
20 issue because it affects the quality of life of
21 millions of New Yorkers. We have been plagued
22 in this state over many years now by a grossly
23 inadequate supply of housing. We have the
24 lowest percentage of home ownership in the
25 nation. We have a housing supply that is
5648
1 rapidly deteriorating.
2 Many of us have searched for
3 reasons as to why this has occurred and
4 similarly sought solutions as to how we could
5 cure this great ill. There are many areas of
6 our cities, especially our largest city, where
7 you will find housing that is reminiscent in
8 squalor to what existed one hundred years ago.
9 We have been greatly concerned
10 with the impact of our regulatory system, our
11 laws and those regulations that control housing
12 throughout much of our urban areas, especially
13 New York City.
14 Tonight we are here for some
15 dramatic changes in the existing laws, changes
16 that probably satisfy almost no one, but changes
17 that are nonetheless dramatic and reflect an
18 opportunity for us and for our great state to
19 move ahead into a new future and create a new
20 and better housing supply for all of New
21 Yorkers.
22 The legislation we have before us
23 tonight has not been easily achieved. It is
24 only just now passed in the state Assembly. It
25 is legislation which has been the result of many
5649
1 hundreds of hours of work by our leadership, our
2 members, and our staff. There are numerous key
3 areas that have been changed.
4 Initially I should note that
5 there are a number of extenders and, in fact,
6 this legislation will extend, if enacted, for
7 six years. We have expanded luxury decontrol. We
8 have provided for rent adjustments, establishing
9 new and enhanced rent adjustments for owners
10 upon vacancy.
11 We have amended the rules of
12 succession. We have provided limits on
13 regulating new construction. Most significantly
14 and as proposed by our Governor, we have a new
15 section of the Penal Law providing for
16 harassment of a rent-regulated tenant.
17 We have also seen enacted here
18 and included in this legislation proposals
19 concerning a deposit of rent, which is an issue
20 we have debated in this chamber previously. We
21 also have a variety of regulatory reforms which
22 hopefully will make it easier not only for those
23 who own buildings to operate, but also will make
24 it easier for those who live within those
25 units.
5650
1 ACTING PRESIDENT KUHL: Senator
2 Connor.
3 SENATOR CONNOR: Thank you, Mr.
4 President.
5 We have seen these past months in
6 this Capitol a struggle not about philosophy
7 because, as I made it plain here on April 7th,
8 when the Democrats in this house moved to extend
9 the rent law so we could study them further and
10 we could reject what was viewed by tenants as a
11 threat to back them up against the deadline, I
12 pointed out that I, too, and Democrats in
13 general believe that a true free market system
14 with protections for safety against harassment
15 would always be preferable to some sort of
16 system of regulation, but that there was really
17 no supply that would allow someone to wave a
18 magic wand and end rent regulation.
19 We now have before us a bill
20 that's a product of this struggle, and I would
21 like to, first of all, Mr. President, thank all
22 of my colleagues on the Democratic side of the
23 aisle for holding fast, standing tall and
24 remaining committed to ensuring that the tenants
25 in New York State continued to be protected and
5651
1 had our support against the threats laid down as
2 early as December to simply end all rent
3 regulation and let all laws expire. I
4 appreciate that support.
5 I know in the other house, I'm
6 sure, the leadership there, the Speaker,
7 appreciates that unified effort. I'd like to
8 thank the tenant organizers who did such an
9 effective job not only in getting bodies and
10 picket lines and all that, but in making the
11 case on the merits, in pointing out the real
12 facts, because at some point, at some point,
13 this struggle became a battle between extremist
14 ideology, the idea that ideology said do this,
15 so ignore the fact and do it, and the reality
16 and we owe those tenant leaders and the many
17 tenants we heard from, our thanks for bringing
18 to the public fore, the realities of life in New
19 York City, Westchester, Nassau County and
20 elsewhere, the reality of life for tenants in a
21 scarce housing market.
22 I'd like to thank Mike McKee and
23 Billy Easton and Martin Brennan for their
24 efforts in participatory democracy in getting
25 the tenants involved. I'd certainly like to
5652
1 congratulate Speaker Silver, my partner in
2 representing the Lower East Side, and our
3 leader, in standing fast against the threats to
4 eliminate all protections.
5 This bill that's before us, Mr.
6 President, is important, yes, for what it
7 contains, but it's more important for what it is
8 not.
9 It is not an end to protection
10 for our tenants. It is not an end to standing
11 against the greed that can sometimes -
12 sometimes affect some people who find themselves
13 the owners of a scarce commodity, in this case
14 certainly one of the necessities of life, rental
15 housing, shelter in a large metropolitan area.
16 Mr. President, the public in this
17 state knows, the public in this state knows well
18 that those things in this bill that might
19 disadvantage tenants are there because of the
20 Governor and the Republican leadership in this
21 house, and the public in this state, Mr.
22 President, knows that the reason we have
23 protections at all, the reason there is a bill
24 is due to the Democratic leadership in the
25 Assembly and indeed to the Democrats in this
5653
1 house, who stood unified. That's the reality of
2 this struggle.
3 As our own Governor Pataki said
4 when finally seeing the light, this bill is a
5 victory over the extremists who would have ended
6 all rent protection and we know, Mr. President,
7 from what quarters those extreme threats have
8 emanated in these past months.
9 Yes, Mr. President, there are
10 winners and losers, but the biggest winners are
11 the tenants in New York State. They're winners
12 for what did not happen as well as for what did
13 happen with respect to this bill.
14 Mr. President, there are good
15 things in this bill. There are things that are
16 balanced, things that Democrats urged. We urged
17 early on, let's look at specific things to help
18 small, struggling landlords and there are things
19 in here. That's a good thing.
20 There are other things in here,
21 when I spoke to this issue in April I said
22 there's more wrong with the New York City
23 housing market than simply rent regulation.
24 Maybe -- maybe 50 years ago they went down the
25 wrong road, but the fact is, the reality today
5654
1 is we need more housing units and indeed as we
2 all know, you could build new housing, you could
3 build new rental units and have it totally free
4 from rent regulation, but one of the things I
5 encountered in talking to developers around New
6 York City -- and indeed I did go, I talked to
7 them -- was that the problem with that is you
8 couldn't get financing. You couldn't get
9 financing, not because the building they wanted
10 to build would be subject to present rent laws
11 but the fear that somehow or other a later
12 edition of the rent laws would cover them and,
13 therefore, make their investment less secure for
14 the financers.
15 There's a provision in here, Mr.
16 President, that I think is good, permitting
17 developers to have a 50-year contractual
18 relationship guaranteeing that for that new
19 construction there won't be rent regulation for
20 50 years. That's good. Let them take that
21 contract. Let them borrow millions. Let them
22 build housing. Let us create enough units that
23 we don't have to worry about anything other than
24 good strong penal laws against harassment or
25 other laws in favor of fairness and a truly
5655
1 competitive market that's indeed a tenants'
2 market, not a landlords' market.
3 Mr. President, as we conclude now
4 with this bill, this struggle, it's clear who
5 the winners were. It's clear who the losers
6 were. I look at the roll call in the Assembly.
7 I see that most Republicans were against this
8 law. That assures me that voting in favor of
9 this is the right thing to do.
10 Thank you, Mr. President.
11 ACTING PRESIDENT KUHL: Senator
12 Waldon.
13 SENATOR WALDON: Mr. President,
14 my colleagues, this is a rare exception for me
15 when I can stand up and ask my Republican
16 colleagues to join with me and those in the
17 Democratic Conference in doing the right thing.
18 It is clearly evident that the tenants won.
19 They have been held in hostage for a long time,
20 but it appears that Speaker Silver, as did Moses
21 centuries ago, went down into the valley and
22 told Pharaoh to let his people go, and we have a
23 bill, a bill which reflects the needs and the
24 interests of the tenants of New York City and
25 its environs and, in fact, the entire state of
5656
1 New York.
2 I'm going to be brief, and I'm
3 going to be gone. We have a train acoming. The
4 number on that train is 1997. It is not the
5 Orient Express, which is for those who have
6 great wealth and luxuriate themselves. The name
7 of this train is the People's Express. Most of
8 the ridership are tenants. The supporters of
9 those tenants as conductors, the people who load
10 the baggage for the Democratic Senators in this
11 house, and I think this train is going to travel
12 the breadth of this state, and what it is saying
13 as it passes from town to town is, Do not forget
14 who held you hostage. Do not forget who caused
15 you to come to Albany. Do not forget who
16 threatened you in such a sense that people even
17 made death threats surrounding this issue.
18 My colleagues on the other side
19 of the aisle, I welcome you with open arms to
20 join me on this issue and vote as my conscience
21 will allow me to vote this time and vote for
22 this bill.
23 Thank you very much, Mr.
24 President.
25 ACTING PRESIDENT KUHL: Any other
5657
1 Senator wishing to speak on the bill?
2 Senator Markowitz.
3 SENATOR MARKOWITZ: Let me -- let
4 me just say that this experience has been like
5 -- an experience like when you need a root
6 canal. It's not something you ask for. You go
7 through a lot of pain. It could have been
8 worse, I guess. They could have pulled our
9 tooth, so the tooth was saved.
10 Let me just say that perhaps from
11 this evening on, the Republican Majority that
12 seems so overwhelmingly interested in the
13 problems of rental housing in New York City that
14 perhaps you might continue to show your interest
15 in some other concerns that face New York City
16 residents, the problems of homelessness and
17 poverty, the problems of race relations, the
18 problems of sexual biases, the problems of
19 medically underserved, of schools that are over
20 crowded and bursting at their seams where too
21 many of our kids are left behind. Those are the
22 kind of concerns that your biggest city in this
23 state needs.
24 Senator Kuhl, you've got a piece
25 of legislation that I never paid attention to
5658
1 before this effort this year, but I think I'm
2 beginning to see more and more that that piece
3 of legislation that you offered has a tremendous
4 amount of wisdom, because I'm not convinced
5 that those from regions outside of the city and
6 their city really understand what our problems
7 are, really understand the kind of life we lead
8 in a city where we live close to each other as
9 opposed to having the -- the ability, the luxury
10 whatever, of living in an area where you're not
11 up against each other but have some property
12 between each other.
13 I think there's a real difference
14 and it's hard for you to understand what we face
15 every day in our lives as for some of us it's
16 hard for us to understand what you face every
17 day of your lives, and so maybe there's a lot of
18 good in the legislation that you have proposed
19 to this state.
20 Insofar as campaign reform laws,
21 that movie where Mr. Cuba Gooding said, "Show me
22 the money." I'm concerned that we need real
23 campaign reform laws, and this is true on this
24 issue and who knows what future issues may come
25 before us. We need real campaign finance laws
5659
1 so that when we vote on issues that affect
2 people across the state that we do so out of a
3 conviction of our faith, out of a conviction of
4 our beliefs and out of our consciousness at all
5 times when we vote on issues.
6 I'm going to follow my Senate
7 Minority Leader; I'm going to follow him and his
8 recommendations. I'm going to follow Vito Lopez
9 who worked very, very hard in the New York State
10 Assembly and Sheldon Silver, let's face it, for
11 all the tenants in New York City, and I'm one of
12 them proudly. This is the best under the
13 conditions that we have in this government
14 today. This is the best they could do for us.
15 And so, Marty Connor, this is a victory, it is a
16 victory because it leads for the greatest
17 numbers of us that are tenants in New York City
18 that pay what I consider to be rents that are
19 almost affordable, this will allow us to
20 continue to at least have the assurance that
21 we'll continue to be able to live and be able to
22 pay the rent to the best way we can.
23 But I hope, Senator Connor, I
24 hope that tenants will not forget why we're here
25 and what we're doing this evening. Never
5660
1 forget, and perhaps we'll be able to say in the
2 future, never again.
3 ACTING PRESIDENT KUHL: Senator
4 Abate.
5 SENATOR ABATE: Because of the
6 lateness of the hour, I will explain my vote.
7 ACTING PRESIDENT KUHL: Is there
8 any other Senator on the Minority side wishing
9 to speak?
10 Senator Bruno to close for the
11 Majority.
12 SENATOR BRUNO: Thank you, Mr.
13 President.
14 Mr. President, we are about to
15 take a vote on something that will change the
16 complexion of the housing stock in New York
17 City. It will change it in a very positive
18 way. It's a fair and balanced approach.
19 I am sorry to hear my colleagues
20 talk about winners and losers, and I'm sorry to
21 hear about the politics of an issue as serious
22 as this one as far as the people of the city and
23 the state.
24 This was not about politics.
25 This was not pandering to any particular
5661
1 constituency. This was about fixing something
2 that needs and needed to be fixed. I am proud
3 of my colleagues; I am proud of our Governor and
4 I am proud of what we are doing here because we
5 are creating balance. We are creating equity
6 and we have not politicized the process, and I
7 think it's very unfortunate that my colleagues
8 here, Democrats on this side of the aisle, see
9 fit to use this issue in a political way,
10 panicking tenants, scaring tenants for months.
11 Mr. President, what we do here
12 tonight, we could have done months ago, and I
13 want to make that clear, months ago. We didn't
14 have to wait until this law had been expired for
15 four days. We didn't have to do that. The
16 Governor suggested and recommended a program
17 that would protect every tenant in the City in
18 regulated housing except for about one percent
19 of the population who are the wealthy.
20 We adopted that stance and that
21 posture to protect all of the tenants in the
22 City. So let's not hear about scaring people
23 out of their homes, forcing people out of their
24 homes, politicizing an issue going forward,
25 because it is not appropriate; it is not proper
5662
1 and it is not true. And we for months have said
2 that we wanted to pass legislation that would
3 protect every tenant except for a few of the
4 very wealthy that shouldn't be subsidized, don't
5 need to be subsidized by other people in the
6 City or in this state.
7 So I make this statement, Mr.
8 President, and I wasn't going to speak on the
9 issue because enough has been said. And the
10 hour is late, but I just want to conclude by
11 saying that we are doing something here and
12 we're doing it together. We're doing it on both
13 sides of the aisle, and we're doing it with the
14 Speaker and with the Governor. And what are we
15 doing? We are doing something that will, short
16 term and long term, improve the quality of life
17 for the people in New York City and for the
18 people of this state.
19 So I think that's something that
20 all of us can relate to and that all of us can
21 be proud of.
22 Thank you, Mr. President.
23 ACTING PRESIDENT KUHL: Secretary
24 will read the last section.
25 THE SECRETARY: Section 2. This
5663
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll. )
5 ACTING PRESIDENT KUHL: Senator
6 Leichter, to explain his vote.
7 SENATOR LEICHTER: Mr. President,
8 of course, the hour is late because whenever we
9 take up a bill of some significance or
10 importance, whether it be a budget or a bill of
11 this sort, the hour is always late. It's after
12 the deadline of the reporters. It's after many
13 of us are exhausted, and it's presented to us
14 with very little time to really look at and
15 analyze.
16 The fact of the matter is that
17 right now we have no protection for over 2
18 million tenants, and they deserve and they
19 require protection and for this reason I'm going
20 to support the bill.
21 But let me just say that when
22 Senator Bruno says, don't politicize it, why are
23 people scared. 2.4 million tenants were put up
24 against the wall. Somebody said, ready, aim,
25 but fortunately they were never able to pull the
5664
1 trigger. They weren't able to pull the trigger
2 because of the determined fight of the tenants,
3 because of the stand that the Assembly Majority
4 did and the Speaker. But the fact is that
5 tenants were frightened, and they had every
6 reason to be frightened because there was a
7 determined effort fueled in large part by very
8 substantial campaign contributions by landlords
9 to push rent regulation over the brink.
10 The fact that not only are we
11 protecting tenants, but we are saving affordable
12 housing, and the Majority in this house with a
13 few exceptions, never understood that it wasn't
14 just protecting the tenants now in possession,
15 it was a matter of protecting affordable
16 housing, a very scarce commodity.
17 So, Mr. President, there are many
18 things in this bill that I think are going to be
19 harmful, harmful not just to tenants, harmful to
20 the city of New York, harmful to other
21 communities, harmful to the family of New York,
22 but the main fact and the key fact is that those
23 who wanted to destroy all rent protection
24 failed. We do have rent protections
25 substantially preserved in New York State.
5665
1 For that reason, I vote in the
2 affirmative. Thank you.
3 ACTING PRESIDENT KUHL: Senator
4 Leichter will be recorded in the affirmative.
5 Senator Abate to explain her
6 vote.
7 SENATOR ABATE: Yes. Tonight
8 will be a night that I believe will be long
9 remembered particularly as a night that I
10 believe we averted disaster, particularly for
11 New York City.
12 Those of us who fought hard to
13 ensure, not to protect a system or protect a law
14 but to ensure that there was decent and
15 affordable housing in New York City, fought long
16 and hard and those of you in this room know who
17 was on the side of tenants, fought hard because
18 we understood what it meant if vacancy decontrol
19 came into place, or the Governor's plan became
20 law, because it was not just about protecting
21 those individuals who are currently in this
22 housing, but it was to protect the next
23 generation of seniors and of middle income
24 people and working class people and young people
25 and disabled, because we needed to ensure that
5666
1 they remained a part of our rich and diverse
2 fabric of our city.
3 We also understood that we had a
4 commitment to support strong and stable
5 neighborhoods so that people could live in those
6 neighborhoods for a long period of time and
7 invest in those neighborhoods. So I believe
8 today, tomorrow will come, another issue will
9 come before us, but the tenants will remember
10 for a long time who fought for them, who made
11 sure that affordable housing would remain
12 constant in this city.
13 This is just a short-term fight.
14 I believe there will be other tenants' issues
15 and we need to remain vigilant so that working
16 class and middle income people have economic
17 opportunities as well as housing opportunities
18 in every community around the city. We should
19 not divert from our ultimate task, which is to
20 build affordable housing.
21 We talk about economic
22 development. We talk about jobs. We talk about
23 opportunity for everyone. Let's not lose sight
24 of the goal in mind and that is to build
25 housing, and we must do that. I hope we discuss
5667
1 it in this session and if not this session, as
2 early as possible next year.
3 ACTING PRESIDENT KUHL: How do
4 you vote, Senator Abate?
5 SENATOR ABATE: I vote yes.
6 ACTING PRESIDENT KUHL: Senator
7 Abate will be recorded in the affirmative.
8 Senator Goodman, to explain his
9 vote.
10 SENATOR GOODMAN: Mr. President,
11 I think it's generally known that there are a
12 number of us on this side who had views that
13 were not congruent with those of the Majority,
14 and enough has been said to indicate the
15 sincerity of purpose on both sides.
16 I would like to point out,
17 however, that this bill does achieve a degree of
18 protection for those of us who had great concern
19 about the constituents within our own Senatorial
20 Districts and within our city and, therefore, I
21 think this is a step in the right direction; but
22 I am reminded that it was Winston Churchill who
23 said that democracy is the worst form of
24 government known to man except for all the
25 others, and in our own bizarre and curious
5668
1 fashion we've gone a long route to achieve what
2 I perceive as a bill essentially to preserve the
3 status quo.
4 Let's make no mistake about it,
5 what has been done tonight is no panacea. There
6 are at this very moment 30,000 backlog requests
7 for tenant adjustment of rents before DHCR in
8 Albany. There are some $62 million of claims of
9 tenants who believe that they've been improperly
10 charged, which have, in some instances been
11 pending for over ten years which have not been
12 touched.
13 There is a housing stock which is
14 in continuous decay and from which there can be
15 no long-range recovery unless we do find the
16 means by which to stimulate new housing
17 construction. Government has the tools with
18 which to accomplish this. We've proven in the
19 past that with selective and targeted tax
20 abatements, we can stimulate construction and
21 help the middle class to survive in decency and
22 in appropriate living conditions.
23 And finally, Mr. President, I'd
24 like to say that there is still continuing
25 concern about certain provisions of this bill
5669
1 which surfaced, frankly, surprisingly to some of
2 us, and to me in particular. In the year 1974
3 we created what was known as the Fair Housing
4 Anti-Demolition Act, which is designed to
5 prevent houses from being -- apartments from
6 being demolished and yet without any prior
7 discussion with any of us, to my knowledge, a
8 proviso was put in this bill which permits the
9 undermining of a portion of that bill.
10 This is regrettable and
11 particularly regrettable is the way this seems
12 to have dropped out of the sky without fair
13 warning.
14 So let it be said there is still
15 much to be done. We must build new housing; we
16 must clean up the bureaucratic mess, and we must
17 see that the rent laws which are now on the
18 books as a result of this bill are properly
19 carried out and justly handled in the interests
20 of all of our citizens.
21 ACTING PRESIDENT KUHL: How do
22 you vote, Senator Goodman?
23 SENATOR GOODMAN: I'm voting in
24 the affirmative.
25 ACTING PRESIDENT KUHL: Senator
5670
1 Goodman will be recorded in the affirmative.
2 Senator Oppenheimer to explain
3 her vote.
4 SENATOR OPPENHEIMER: This is
5 very important for Westchester, because we have
6 a near emergency, I would say, in our county
7 with moderate cost housing.
8 We have for a long time, for at
9 least two decades, been talking about the urgent
10 need to build housing of a moderate cost in our
11 county. We find that most of the personnel that
12 help us in our government like our firemen, our
13 policemen, our teachers, they can not afford to
14 live in our county because the stock is so
15 limited in moderate cost housing, and we do have
16 a problem in the county with -- with communities
17 that do not want to offer a haven for modest
18 cost housing. We call it NIMBY, "not in my back
19 yard."
20 We have to do something to build
21 housing now; otherwise I see that my county may
22 become a county of extremes, of wealthy people
23 and very poor people and no housing for the
24 middle class. So I am looking to -- to -- for
25 help in -- in obtaining assistance in building
5671
1 this housing, but I am very thankful that we
2 have this legislation tonight which will help us
3 to maintain those units that we do have, however
4 insufficient.
5 I would be remiss if I didn't
6 mention one other thing. I feel very distressed
7 at the way government has sort of come to a
8 standstill because of this issue. It points to,
9 that while I know Senator Goodman was saying
10 democracy is the worst form of government but
11 it's the only one we have that's the best of all
12 governments. I'm not getting that right, but
13 you get the clue.
14 The fact is -- it's getting
15 late. The fact is that there were avenues. We
16 could have moved to a conference committee. It
17 would have assisted us, and I hope we will take
18 that as a lesson for the future.
19 ACTING PRESIDENT KUHL: How do
20 you vote, Senator Oppenheimer?
21 SENATOR OPPENHEIMER: Yes.
22 ACTING PRESIDENT KUHL: Senator
23 Oppenheimer will be recorded in the negative.
24 Announce the results.
25 VOICE: Affirmative.
5672
1 THE SECRETARY: Ayes 59, nays
2 one, Senator Gonzalez recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Bruno.
6 SENATOR BRUNO: Mr. President, I
7 believe there are three resolutions at the
8 desk. Can we have the titles read -- by some of
9 our members and they are Senator Saland, Farley
10 and Seward.
11 ACTING PRESIDENT KUHL: Return to
12 the order of motions and resolutions. Secretary
13 will read the title of the first resolution.
14 THE SECRETARY: By Senator
15 Farley, Legislative Resolution 1835,
16 congratulating Stanley and Frances Tonko upon
17 the occasion of their 50th Wedding Anniversary.
18 ACTING PRESIDENT KUHL: Question
19 is on the resolution. All those in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 Opposed, nay.
23 (There was no response. )
24 Senator Rosado, why do you rise?
25 Did you want to speak on the resolution, Senator
5673
1 Rosado?
2 SENATOR ROSADO: No.
3 ACTING PRESIDENT KUHL: The
4 resolution is adopted. Secretary will read the
5 title of the second resolution.
6 THE SECRETARY: By Senator
7 Seward, Legislative Resolution Number 1836,
8 honoring the past and present members of the
9 Oneida Fire Company for 150 years of fire
10 protection to the citizens of Oneida -- Oneonta,
11 New York, and its surrounding communities.
12 ACTING PRESIDENT KUHL: Question
13 is on the resolution. All those in favor
14 signify by saying aye.
15 (Response of "Aye.")
16 Opposed nay.
17 (There was no response. )
18 The resolution is adopted.
19 A little order in the house
20 please. The stenographer is having a very
21 difficult time recording all the statements and
22 the proceedings this evening. So if we could
23 just finish our business, it will only take a
24 couple minutes.
25 Secretary will read the title of
5674
1 the third resolution at the desk.
2 THE SECRETARY: By Senator
3 Saland, Legislative Resolution commending Jane
4 Diamond, principal of SFB, Morris Young Child
5 Magnet School, upon the occasion of her 33rd
6 distinguished year as an educator.
7 ACTING PRESIDENT KUHL: Question
8 is on the resolution. All those in favor signify
9 by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The resolution is adopted.
14 The Chair recognizes Senator
15 Marcellino.
16 SENATOR MARCELLINO: Thank you,
17 Mr. President.
18 On page number 17, I offer the
19 following amendments to Calendar Number 500,
20 Senate Print Number 2860, and ask that said bill
21 retain its place on the Third Reading Calendar.
22 ACTING PRESIDENT KUHL:
23 Amendments to Calendar Number 500 are received
24 and adopted. The bill will retain its place on
25 the Third Reading Calendar.
5675
1 Senator Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, on behalf of Senator Saland, I wish
4 to call up his bill, Print Number 4899, recalled
5 from the Assembly which is now at the desk.
6 ACTING PRESIDENT KUHL: Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 1084, by Senator Saland, Senate Print 4899, an
10 act to authorize the town of Washington.
11 ACTING PRESIDENT KUHL: Senator
12 Marcellino.
13 SENATOR MARCELLINO: Now move to
14 reconsider the vote by which this bill was
15 passed.
16 ACTING PRESIDENT KUHL: Secretary
17 will call the roll on reconsideration.
18 (The Secretary called the roll on
19 reconsideration.)
20 THE SECRETARY: Ayes 60.
21 ACTING PRESIDENT KUHL: Senator
22 Marcellino.
23 SENATOR MARCELLINO: Mr.
24 President, I offer the following amendments.
25 ACTING PRESIDENT KUHL:
5676
1 Amendments are received and adopted.
2 Chair recognizes Senator
3 Montgomery. Senator Montgomery waives.
4 Chair recognizes Senator Rosado.
5 SENATOR ROSADO: I'd like to be
6 recorded in the negative on the Assembly Bill
7 8346.
8 ACTING PRESIDENT KUHL: Without
9 objection, hearing no objection, Senator Rosado
10 will be recorded in the negative on Calendar
11 Number 346.
12 SENATOR ROSADO: Thank you.
13 ACTING PRESIDENT KUHL: Senator
14 Santiago.
15 SENATOR ROSADO: 8346, Assembly
16 8346.
17 ACTING PRESIDENT KUHL: Assembly
18 Number 8346 is Calendar Number 1318. Thank
19 you. Senator Rosado will be recorded in the
20 negative on Calendar Number 1318.
21 Senator Santiago.
22 SENATOR SANTIAGO: Mr. President,
23 I would like to state for the record that had I
24 been in the chamber on Tuesday, June the 3rd, I
25 would have voted in the negative on Calendar
5677
1 Number 870, Senate Bill 5180, and Calendar
2 Number 920, Senate Bill 3429.
3 ACTING PRESIDENT KUHL: The
4 record will so reflect, Senator Santiago. Is
5 there any other member wishing to make a
6 statement or record a vote?
7 Senator Bruno.
8 SENATOR BRUNO: Mr. President,
9 can we at this time, since there is no further
10 business to come before the Senate, I would move
11 that we adjourn until Monday at 3:00 p.m.,
12 intervening days to be legislative days.
13 ACTING PRESIDENT KUHL: Without
14 objection, hearing no objection, the Senate
15 stands adjourned until Monday, June 23rd, 3:00
16 p.m., intervening days to be legislative days.
17 (Whereupon at 10:41 p.m., the
18 Senate adjourned.)
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21
22
23
24
25