Regular Session - June 23, 1997
5687
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8 ALBANY, NEW YORK
9 June 23, 1997
10 3:10 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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5688
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: The
3 Senate will come to order. Ask the members to
4 find their places, the staff to find their
5 places. I'd ask everybody to rise and join with
6 me in saying the Pledge of Allegiance to the
7 Flag and please remain standing for the
8 invocation.
9 (The assemblage repeated the
10 Pledge of Allegiance to the Flag.)
11 We're very pleased to be joined
12 by the Reverend Peter G. Young of the Blessed
13 Sacrament Church of Bolton Landing for the
14 invocation.
15 Father Young.
16 REVEREND PETER G. YOUNG: Thank
17 you, Senator. Let us pray.
18 Dear God, as we gather in the
19 Senate chamber on this first week of summer, we
20 sometimes sniffle with the increase in pollen
21 count but then smile as we see the beauty of
22 Your multi-colored flowers.
23 Without Your spring rain and
24 bountiful sunshine, we would have such a drab
25 existence. The seeds that we have guaranteed
5689
1 and germinated brighten our outlook on life.
2 May the bills that are presented
3 today as bills blossom into the seeds of
4 beneficial laws. They will enhance the quality
5 of life for all New York State citizens.
6 May we remember today the prayers
7 of support for the members of the families of
8 the two teens that were just yesterday killed in
9 the train wreck -- or in the train accident in
10 Rochester. Now and forever. Amen.
11 ACTING PRESIDENT KUHL: Thank
12 you, Father Young.
13 The reading of the Journal.
14 THE SECRETARY: In Senate,
15 Sunday, June 22nd. The Senate met pursuant to
16 adjournment. The Journal of Saturday, June
17 21st, was read and approved. On motion, the
18 Senate adjourned.
19 ACTING PRESIDENT KUHL: Hearing
20 no objection, the Journal stands approved as
21 read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 Messages from the Governor.
25 Reports of standing committees.
5690
1 Reports of select committees.
2 Communications and reports from
3 state officers.
4 Motions and resolutions.
5 The Chair recognizes Senator
6 Farley.
7 SENATOR FARLEY: Thank you, Mr.
8 President.
9 On behalf of Senator Levy, would
10 you please remove the sponsor's stars from
11 Calendar Number 993 and 1018.
12 ACTING PRESIDENT KUHL: The stars
13 on Calendar Number 993 and 1018 are removed at
14 the request of the sponsor.
15 Senator Farley.
16 SENATOR FARLEY: On behalf of
17 Senator Johnson, Mr. President, I move to
18 recommit Legislative Resolution 1636 to the
19 Committee on Finance.
20 ACTING PRESIDENT KUHL: The
21 resolution is recommitted.
22 SENATOR FARLEY: On behalf of
23 Senator Hannon, Mr. President, on page 27, I
24 offer the following amendments to Calendar
25 Number 781, Senate Print 5038, and I ask that
5691
1 that bill retain its place on the Third Reading
2 Calendar.
3 ACTING PRESIDENT KUHL: The
4 amendments are received and adopted. The bill
5 will retain its place on the Third Reading
6 Calendar.
7 Senator Farley.
8 SENATOR FARLEY: On behalf of
9 Senator LaValle, on page 38, I offer the
10 following amendments to Calendar 1054, Senate
11 Print 4389, and I ask that that bill retain its
12 place.
13 ACTING PRESIDENT KUHL: The
14 amendments to Calendar Number 1054 are received
15 and adopted. The bill will retain its place on
16 the Third Reading Calendar.
17 Senator Farley.
18 SENATOR FARLEY: On behalf of
19 Senator Holland, Mr. President, on page 12, I
20 offer the following amendments to Calendar 339,
21 Senate Print Number 453-B, and I ask that that
22 bill retain its place.
23 ACTING PRESIDENT KUHL: The
24 amendments to Calendar Number 339 are received
25 and adopted and the bill will retain its place
5692
1 on the Third Reading Calendar.
2 Senator Farley.
3 SENATOR FARLEY: Mr. President,
4 on behalf of Senator Marchi, I move to amend
5 Senate Bill Number 2877-C, by striking out the
6 amendments made on June 20th and restoring it to
7 its previous print which was 2877-B.
8 ACTING PRESIDENT KUHL: The
9 amendments are stricken and the bill is
10 restored.
11 Senator Wright, did you have a
12 motion?
13 SENATOR WRIGHT: Thank you, Mr.
14 President.
15 I wish to call up my bill, Print
16 Number 731, recalled from the Assembly which is
17 now at the desk.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Wright, Senate Print 731, an act to legalize,
22 ratify and confirm.
23 ACTING PRESIDENT KUHL: Senator
24 Wright.
25 SENATOR WRIGHT: Mr. President, I
5693
1 now move to reconsider the vote by which this
2 bill was passed.
3 ACTING PRESIDENT KUHL: The
4 Secretary will call the roll on reconsideration.
5 (The Secretary called the roll on
6 reconsideration.)
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT KUHL: Senator
9 Wright.
10 SENATOR WRIGHT: Mr. President, I
11 now offer the following amendments.
12 ACTING PRESIDENT KUHL: The
13 amendments are received and adopted.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President, I
16 believe there's privileged Resolution 1879 at
17 the desk sponsored by Senator Velella. May we
18 please have the title read and I move for its
19 immediate adoption.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the title to privileged
22 Resolution Number 1879 by Senator Velella.
23 THE SECRETARY: By Senator
24 Velella, Legislative Resolution honoring Audrey
25 Hoffman Bills upon the occasion of her
5694
1 retirement after 38 years of state service.
2 ACTING PRESIDENT KUHL: The
3 question is on the resolution. All those in
4 favor signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The resolution is unanimously
9 adopted.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President, I
12 believe there's privileged Resolution 1878 at
13 the desk by Senator Lachman. May we please have
14 the title read and I move for its immediate
15 adoption.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the title to privileged
18 Resolution 1878 by Senator Lachman.
19 THE SECRETARY: By Senator
20 Lachman, Legislative Resolution commemorating
21 the 70th Anniversary of the Coney Island Cyclone
22 Roller Coaster.
23 ACTING PRESIDENT KUHL: The
24 question is on the resolution. All those in
25 favor signify by saying aye.
5695
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The resolution is adopted.
5 Senator Skelos.
6 SENATOR SKELOS: Mr. President,
7 there will be an immediate meeting of the Rules
8 Committee in the Majority Conference Room and if
9 we could take up the non-controversial calendar
10 at this time.
11 ACTING PRESIDENT KUHL: There
12 will be an immediate meeting of the Rules
13 Committee, an immediate meeting of the Rules
14 Committee in the Majority Conference Room, Room
15 332.
16 The Secretary will read the
17 non-controversial calendar.
18 THE SECRETARY: Calendar Number
19 137, by Senator Spano, Senate Print 689-A, an
20 act to amend the General Business Law and the
21 Executive Law, in relation to the licensing of
22 armored car carriers.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 6. This
5696
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 49.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 267, by Senator Cook, Senate Print 2647-A, an
10 act to amend the General City Law, the Town Law
11 and others, in relation to the adoption of
12 certain local laws.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 40. This
16 act shall take effect on the same date as a
17 chapter of the Laws of 1997.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 356, by Senator Cook, Senate Print 2649-A, an
5697
1 act to amend the General Municipal Law, in
2 relation to the intergovernmental coordination
3 of certain municipal zoning and planning
4 actions.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the same date as a
9 chapter of the Laws of 1997.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 49.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 426, by Senator Levy, Senate Print 3553-A, an
18 act to amend the Vehicle and Traffic Law, in
19 relation to pedestrians right of way and
20 crosswalks.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect on the 90th day.
25 ACTING PRESIDENT KUHL: Call the
5698
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 48, nays 1,
4 Senator Kuhl recorded in the negative.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 473, by Senator Volker, Senate Print 1587-A, an
9 act to amend the Executive Law, in relation to
10 the written statement of the crime victim.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first day of
15 January.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 49.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 491, by Senator DeFrancisco, Senate Print 479-B,
24 an act to amend the Public Health Law, in
25 relation to the establishment or incorporation
5699
1 of hospitals.
2 SENATOR PATERSON: Lay that
3 aside, please.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside at the request of the Acting Minority
6 Leader.
7 THE SECRETARY: Calendar Number
8 595, by Senator Maziarz, Senate Print 4049, an
9 act to amend the Real Property Tax Law, in
10 relation to partial payments of taxes.
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 49.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 604, by Senator Meier, Senate Print 3937-A, an
23 act to authorize the town of Paris to convey
24 certain parklands.
25 SENATOR MEIER: Lay it aside for
5700
1 the day.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside for the day at the request of the
4 Acting Majority Leader.
5 THE SECRETARY: Calendar Number
6 705, by member of the Assembly Dinowitz,
7 Assembly Print 2164, an act to amend the Private
8 Housing Finance Law, in relation to increasing
9 the secondary wage earners exemption.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect in 90 days.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 49.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 718, by Senator Maltese, Senate Print 4880, an
22 act to amend the Real Property Tax Law, in
23 relation to tax credits for security
24 improvements.
25 ACTING PRESIDENT KUHL: The
5701
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 THE SECRETARY: Ayes 49.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 737, by Senator Wright, Senate Print 4779-A, an
12 act to amend the Vehicle and Traffic Law, in
13 relation to the definition of drug.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect in 30 days.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 SENATOR ONORATO: Lay it aside.
23 ACTING PRESIDENT KUHL: Lay the
24 bill aside.
25 The motion is to withdraw the -
5702
1 reconsider the vote by which the bill passed the
2 house.
3 The Secretary will call the roll
4 on reconsideration.
5 (The Secretary called the roll on
6 reconsideration.)
7 THE SECRETARY: Ayes 49.
8 ACTING PRESIDENT KUHL: Lay the
9 bill aside.
10 THE SECRETARY: Calendar Number
11 740, by Senator Lack, Senate Print 588-B, an act
12 to amend the Real Property Actions and
13 Proceeding Law.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 767, by Senator Lack, Senate Print 3480, an act
5703
1 to amend the Public Health Law, in relation to
2 immunity from liability.
3 SENATOR PATERSON: Lay it aside,
4 please.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 772, by the Assembly Committee on Rules,
9 Assembly Print 7557, an act to amend the Public
10 Health Law, in relation to verbal permission to
11 remove a body.
12 ACTING PRESIDENT KUHL: The
13 Secretary 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 49.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 866, by Senator Cook, Senate Print 4644-A, an
24 act to amend the Criminal Procedure Law, in
25 relation to pleas for certain offenses.
5704
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the first day of
5 November.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 48, nays 1,
10 Senator Kuhl recorded in the negative.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 867, by member of the Assembly Sweeney, Assembly
15 Print 1074-C, an act to amend the Penal Law, in
16 relation to possession and sale of fireworks.
17 SENATOR PATERSON: Lay it aside.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 881, by member of the Assembly Faso, Assembly
22 Print 5682, an act to amend the Tax Law, in
23 relation to extending the expiration of
24 provisions.
25 ACTING PRESIDENT KUHL: The
5705
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 THE SECRETARY: Ayes 47, nays 2,
8 Senators Dollinger and Gentile recorded in the
9 negative.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 963, by Senator Levy, Senate Print 608-A, an act
14 to amend the Vehicle and Traffic Law, in
15 relation to instruction for school bus drivers.
16 SENATOR PATERSON: Lay it aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 983, by Senator Kuhl, Senate Print 3214-A, an
21 act to amend the Highway Law, in relation to
22 designating a portion of State Route 17.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 3. This
5706
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 49.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1025, by Senator Kuhl, Senate Print 4184, an act
10 to amend the Agriculture and Markets Law, in
11 relation to the assessment of penalties.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect in 90 days.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 49.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1045, by Senator Marchi, Senate Print 3649-B, an
24 act to amend the Limited Liability Company Law,
25 the Partnership Law, the Business Corporation
5707
1 Law.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 SENATOR PATERSON: Lay it aside,
5 please.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1062, by Senator Farley, Senate Print 4732, an
10 act to amend the Banking Law and the General
11 Obligations Law, in relation to penalties for
12 mortgage prepayments.
13 SENATOR PATERSON: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 1082, by Senator Marchi, Senate Print 4767-A, an
18 act to amend the Business Corporation Law, in
19 relation to the organization.
20 SENATOR PATERSON: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
24 1152, by Senator LaValle, Senate Print 5139-B,
25 an act to amend the Public Officers Law, in
5708
1 relation to clinical practice.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 49.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1170, by Senator LaValle, Senate Print 3286-A,
14 an act to amend the Civil Rights Law, in
15 relation to genetic tests.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 6. This
19 act shall take effect in 90 days.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 49.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5709
1 THE SECRETARY: Calendar Number
2 1193, by Senator Velella, Senate Print 1972-A,
3 an act to amend the New York City Civil Court
4 Act and the Civil Practice Law and Rules.
5 SENATOR ONORATO: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 For the benefit of the members
9 who are in the chamber, we'll now go to the
10 supplemental active list, beginning with
11 Calendar Number 195. You should have that
12 active supplemental list at your desk.
13 I'll ask the Secretary to
14 continue to call the non-controversial calendar
15 on the supplemental active list.
16 THE SECRETARY: Calendar Number
17 195, by Senator Spano, Senate Print 2486, an act
18 to amend the Labor Law and the Workers'
19 Compensation Law, in relation to the definition
20 of employment.
21 SENATOR ONORATO: Lay it aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 199, by Senator Larkin, Senate Print 1724-B, an
5710
1 act to amend the County Law, in relation to
2 authorizing county sewer districts in the county
3 of Orange.
4 SENATOR ONORATO: Lay it aside.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 258, by Senator Leibell, Senate Print 2859-A, an
9 act to amend the Real Property Law, in relation
10 to certain mortgages.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the last section.
13 THE SECRETARY: Section 3. 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 49.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 259, by Senator Lack, Senate Print 2918-B, an
23 act to amend the Family Court Act, in relation
24 to appeals of cases.
25 ACTING PRESIDENT KUHL: The
5711
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first day of
4 January.
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
12 265, by Senator Alesi, Senate Print 2872-B, an
13 act to amend the General Business Law, the Civil
14 Practice Law and others, in relation to
15 investment fraud.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 4. This
19 act shall take effect in 120 days.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 49.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5712
1 THE SECRETARY: Calendar Number
2 284, by Senator Volker, Senate Print 365-C, an
3 act to amend Penal Law, in relation to
4 possession of one gram.
5 SENATOR ONORATO: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 439, by Senator Skelos, Senate Print 589-B, an
10 act to amend Penal Law and the Criminal
11 Procedure Law, in relation to providing for life
12 imprisonment.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 454, by Senator Marchi, Senate Print 2921-B, an
5713
1 act to amend Chapter 395 of the Laws of 1978.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 49.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 522, by member of the Assembly Eve, Assembly
14 Print 4848, an act to amend the Local Finance
15 Law, in relation to the sale of municipal
16 obligations.
17 ACTING PRESIDENT KUHL: There is
18 a home rule message at the desk. The Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 49.
5714
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 734, by Senator Wright, Senate Print 4224-A, an
5 act to amend the Vehicle and Traffic Law, in
6 relation to the suspension of registrations.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 THE SECRETARY: Section 4. This
10 act shall take effect on the first day of
11 November.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 48, nays 1,
16 Senator Kuhl recorded in the negative.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 811, by Senator Alesi, Senate Print 4609, an act
21 to amend the General Business Law, in relation
22 to the enforcement of arbitration awards.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 2. This
5715
1 act shall take effect on the 90th day.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 49.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 869, by Senator Tully, Senate Print 5141-A, an
10 act to amend the Penal Law, in relation to
11 increasing the criminal penalties for sexual
12 performances by a child.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 12. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 986, by Senator Maziarz, Senate Print 3844, an
5716
1 act to amend the Vehicle and Traffic Law, in
2 relation to the offense of operation while
3 license or privilege is suspended.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the first day of
8 November.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 49.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1008, by Senator Levy, Senate Print 4710-A, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to failure to obey a police officer's
19 signal to stop.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the first day of
24 November.
25 ACTING PRESIDENT KUHL: Call the
5717
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: Calendar Number
7 1100, by Senator Tully, Senate Print 5005-B, an
8 act to amend the Nassau County Civil Divisions
9 Act.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 49.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1216, by Senator Rath, Senate Print 4851-A, an
22 act in relation to creating the local
23 flexibility incentive pilot program.
24 ACTING PRESIDENT KUHL: The
25 Secretary will read the last section.
5718
1 THE SECRETARY: Section 5. 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 49.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1270, by Senator Marchi, Senate Print 3579, an
11 act to repeal Paragraph (f) of Section 404 of
12 the Not-for-Profit Corporation Law.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect in 30 days.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 49.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 Senator Holland, that completes
24 the reading of the non-controversial calendar.
25 SENATOR HOLLAND: Would you wait
5719
1 one second, Mr. President.
2 Okay. Can we just go to the
3 controversial calendar, Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Holland, excuse me. Can we get a little order
6 in the house, please. We've got some business
7 to do.
8 SENATOR HOLLAND: Just go to the
9 controversial calendar, please, Mr. President,
10 the controversial.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read the controversial calendar,
13 beginning with Calendar Number 195.
14 THE SECRETARY: Calendar Number
15 195, by Senator Spano, Senate Print 2486, an act
16 to amend the Labor Law and the Workers'
17 Compensation Law, in relation to the definition
18 of employment.
19 SENATOR HOLLAND: Mr. President,
20 that's the wrong one. That's the supplemental.
21 Let's go to the original list, please.
22 ACTING PRESIDENT KUHL: You're
23 entitled to change your mind, Senator Holland.
24 So we'll lay that bill aside.
25 SENATOR HOLLAND: 491, please.
5720
1 ACTING PRESIDENT KUHL: Are you
2 sure that's the one you want to take up now?
3 SENATOR HOLLAND: Almost
4 positive.
5 ACTING PRESIDENT KUHL: All
6 right. The Secretary will call the
7 controversial calendar, beginning with Calendar
8 Number 491.
9 THE SECRETARY: Calendar Number
10 491, by Senator DeFrancisco, Senate Print 479-B,
11 an act to amend the Public Health Law, in
12 relation to the establishment or incorporation
13 of hospitals.
14 SENATOR STACHOWSKI: Explanation.
15 ACTING PRESIDENT KUHL: Senator
16 DeFrancisco, an explanation has been requested
17 of Calendar Number 491.
18 SENATOR DeFRANCISCO: A few years
19 back we passed a Limited Liability Law that
20 would allow for certain corporations, certain
21 companies and professionals to incorporate under
22 this statute since every other state had it and
23 there's advantageous tax and other benefits for
24 limited liability organizations.
25 This bill had been read not to
5721
1 include hospitals and this bill, all it does is
2 merely include hospitals in the limited
3 liability, that they be eligible to become
4 limited liability companies.
5 SENATOR STACHOWSKI: Mr.
6 President, if the sponsor would yield.
7 ACTING PRESIDENT KUHL: Senator
8 DeFrancisco, do you yield?
9 SENATOR DeFRANCISCO: Yes.
10 ACTING PRESIDENT KUHL: The
11 Senator yields.
12 SENATOR STACHOWSKI: The only
13 concern we seem to have here is could this bill,
14 this limited liability inclusion of hospitals,
15 be used as a way for for-profit hospitals to get
16 their foothold in New York State?
17 SENATOR DeFRANCISCO: Absolutely
18 not. There was extended discussion in the
19 Health Committee on this very issue. This does
20 not allow for that type of situation at all.
21 There would need to be separate legislation.
22 SENATOR STACHOWSKI: The only
23 other point that I would like to make and maybe
24 if the Senator would yield to one other
25 question -
5722
1 ACTING PRESIDENT KUHL: Senator
2 DeFrancisco, do you yield to one other
3 question?
4 SENATOR DeFRANCISCO: Yes.
5 ACTING PRESIDENT KUHL: The
6 Senator yields.
7 SENATOR STACHOWSKI: Senator, we
8 have three memos in opposition, one from DC 37,
9 one from AFSCME and one from CSEA on the "A"
10 print. Did you address their opposition?
11 SENATOR DeFRANCISCO: I don't
12 know if I addressed their opposition, but if
13 it's based on the fact that for-profit
14 organizations could come in and national
15 organizations under this bill, that opposition
16 is incorrect.
17 SENATOR STACHOWSKI: Thank you.
18 ACTING PRESIDENT KUHL: Is there
19 any other Senator wishing to speak on the bill?
20 (There was no response.)
21 Hearing none, the Secretary will
22 read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
5723
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 491 -- those
5 recorded in the negative on Calendar Number 491,
6 Senators Abate, Connor, Gentile, Gonzalez,
7 Lachman, Leichter, Mendez, Nanula, Onorato,
8 Paterson, Rosado. Ayes 38, nays 11.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 737, by Senator Wright, Senate Print 4779-A, an
13 act to amend the Vehicle and Traffic Law, in
14 relation to the definition of drug.
15 SENATOR PATERSON: Explanation.
16 ACTING PRESIDENT KUHL: Senator
17 Wright, an explanation has been requested on
18 Calendar Number 737.
19 SENATOR WRIGHT: Thank you, Mr.
20 President.
21 The bill amends the Vehicle and
22 Traffic Law to expand the definition of drugs.
23 Currently that definition is defined by
24 reference to a section of the Public Health Law
25 which describes prescribed medications as well
5724
1 as illicit drugs.
2 This definition will expand the
3 definition to include any substance or
4 combination of substances other than alcohol
5 that may impair driving. That could include
6 inhalants, glue and other substances which are
7 commonly abused, as well as certain prescription
8 and over-the-counter products that taken alone
9 or in combination could cause drowsiness and
10 have the potential to affect an individual's
11 performance and driving skills, thereby
12 impairing their operation of a motor vehicle.
13 This language is comparable and
14 consistent with statutes that have now been
15 reflected in 32 different states as well as the
16 District of Columbia.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson, did you hear that explanation?
19 SENATOR PATERSON: Yes, Mr.
20 President.
21 ACTING PRESIDENT KUHL: I'm glad
22 you did.
23 SENATOR PATERSON: Most of it.
24 ACTING PRESIDENT KUHL: I
25 couldn't hear it because there are at least 14
5725
1 conversations going on in this chamber, some by
2 members, some by staff. If you have to have a
3 conversation that's not related to business,
4 please take it out of the chamber. We have a
5 lot of business to do and we can't do it if we
6 can't hear.
7 Senator Paterson.
8 SENATOR PATERSON: Thank you, Mr.
9 President. Thank you very much.
10 I actually could have heard it a
11 lot clearer had your admonition been heeded, Mr.
12 President, and, therefore, I wouldn't have to
13 ask this question.
14 The situation regarding
15 substances where perhaps they are prescription
16 drugs and there are specific written indications
17 as to what they can cause would certainly
18 include them under the definition from my point
19 of view. However -- if Senator Wright would
20 yield for a question.
21 SENATOR WRIGHT: I will, Mr.
22 President.
23 SENATOR PATERSON: However, Mr.
24 President, I find the language in the
25 legislation, while it tries to accomplish a good
5726
1 purpose, overly broad and perhaps creating a
2 circumstance in which a number of individuals
3 could be victimized by the appearance that they
4 willfully violated the law when perhaps they did
5 not.
6 Let me give an example. Cough
7 medicine, an allergy fighter or some kind of
8 substance -- I won't name the over-the-counter
9 titles but really that treat flu symptoms and
10 headaches and that sort of thing, if a person
11 became drowsy after the fact, it might not be
12 necessarily clear that that caused it, nor is it
13 really known that it actually did but if a
14 police officer said, "Have you taken anything"
15 and somebody says, "I took an analgesic" or "I
16 took a Contac" or something like that", under
17 this legislation, I could make a good case as a
18 prosecutor for how this individual has broken
19 the law.
20 Now, certainly anyone who
21 knowingly puts themselves at this risk and then
22 is affected in such a way that it could cause
23 harm to other vehicle operators is certainly
24 culpable under the statute, but I would wish
25 that Senator Wright would explain to us, what
5727
1 would be the need for such a broad
2 interpretation whose net could catch a lot of
3 people who just happen to perhaps be guilty of
4 poor driving and not of having violated what the
5 spirit of the law indicates?
6 SENATOR WRIGHT: Thank you, Mr.
7 President.
8 The issue is to remove the
9 individual from the highway when they're driving
10 in an impaired state and merely the taking of
11 any of those substances, prescribed or
12 non-prescribed, does not adversely affect one's
13 driving ability. It's the issue of impaired
14 driving that has been observed by the officer
15 that in turn would lead to the arrest.
16 Ultimately the issue you're concerned with would
17 be dealt with by experts and expert testimony
18 and it would be dealt with in a case by trial.
19 Our intent is to clearly remove
20 the individual who has either abused the
21 non-prescription medication, taken it in
22 conditions that are contrary to what the
23 recommendations are for that particular
24 medication, have taken them in combination with
25 other non-prescription drugs that result in a
5728
1 circumstance, in effect, that impairs their
2 driving and driving ability as observed by that
3 officer.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Thank you, Mr.
7 President and thank Senator Wright for his
8 explanation.
9 Mr. President, on the bill.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson on the bill.
12 SENATOR PATERSON: I'm convinced
13 by Senator Wright's explanation his intent is
14 certainly understood and what he's trying to
15 accomplish is laudable and something that's long
16 overdue. However, I don't know how a police
17 officer can make the judgment based on the types
18 of medications or the types of substances that
19 we are talking about, that they impair or
20 diminish the capacity of an individual to such
21 an extent that they now become culpable under
22 the statute. We're not just removing people
23 from the road. We're subjecting people to some
24 very serious allegations and some very strong
25 penalties over something that it would take
5729
1 expert witnesses to figure out and yet the
2 split-second decision is actually made by the
3 police officer. I don't know, if I were a
4 police officer, if I would want to try to take
5 on that burden and I don't know as a legislator
6 that I can vote for a piece of legislation that
7 is so broad in its interpretation that it could
8 take a number of people -- and I'm not talking
9 about people who regularly put themselves at
10 risk or people who drive while intoxicated or
11 use substances that are illegal or even people
12 who use prescription medication that they no
13 makes them drowsy and go right out on the road
14 and use it and it's very clear from the package
15 what the ramifications are. We're talking about
16 individuals who may be reacting for a number of
17 reasons and not necessarily those caused by any
18 substance that adulterates their state of mind.
19 We are merely talking about a
20 situation where we've legislated on this issue
21 but now we're basically going over the line.
22 We're actually putting people at risk every time
23 they put their automobile on because, should
24 they perhaps fall asleep or drive erratically or
25 be in an accident, it could have been caused
5730
1 just by the fact that the person was not -- was
2 driving at a time they should not have been,
3 which is poor judgment. It might make them
4 guilty of some other offenses but to add this,
5 which is something that is a judgment that can't
6 be made on a moment's notice, I think doesn't
7 accomplish totally what the bill sets out to
8 do. I think it goes too far and diminishes the
9 case where we really need to tighten up the
10 enforcement of those who drive while under the
11 influence of substances.
12 ACTING PRESIDENT KUHL: Is there
13 any other Senator wishing to speak on the bill?
14 (There was no response.)
15 Hearing none, the Secretary will
16 read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect in 30 days.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT KUHL: Record
23 the negatives and announce the results.
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 737, Senator
5731
1 Connor, Paterson and Waldon. Ayes 49, nays 3.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 SENATOR LEICHTER: Mr. President.
5 ACTING PRESIDENT KUHL: Senator
6 Leichter, why do you rise?
7 SENATOR LEICHTER: I was recorded
8 in the negative on Calendar Number 491. With
9 unanimous consent, could you see that my vote is
10 recorded in the affirmative on that bill,
11 please.
12 ACTING PRESIDENT KUHL: I would
13 be happy to. Without objection and hearing no
14 objection, Senator Leichter will be recorded in
15 the affirmative on Calendar Number 491.
16 The Secretary will continue to
17 read the controversial calendar.
18 THE SECRETARY: Calendar Number
19 767, by Senator Lack, Senate Print 3480, an act
20 to amend the Public Health Law, in relation to
21 immunity from liability.
22 SENATOR PATERSON: Explanation.
23 ACTING PRESIDENT KUHL: Senator
24 Lack, an explanation of Calendar Number 767 has
25 been requested by the Acting Minority Leader,
5732
1 Senator Paterson.
2 SENATOR LACK: Thank you, Mr.
3 President.
4 This bill was introduced at the
5 request of a group of volunteers in Suffolk
6 County who donate without compensation an
7 extraordinary amount of their time for
8 not-for-profit organizations who care for home
9 bound individuals. They receive no compensation
10 but both they and the organizations are liable
11 in case there are any mistakes, although they're
12 just volunteers and there are many groups all
13 over this state and, indeed, thousands of such
14 organizations which try to provide as much
15 volunteer work as they possibly can and this
16 bill would simply remove them from liability
17 unless there was gross negligence.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson.
20 SENATOR PATERSON: Thank you, Mr.
21 President.
22 This is similar to a piece of
23 legislation that we debated last week and our
24 position remains that when you compare the value
25 of what is happening to the volunteer as opposed
5733
1 to what is happening to the patient, we feel
2 that the Legislature should favor the value of
3 the patient who by coming into a facility has
4 different options and basically different
5 remedies based on whom is treating the -- the
6 patient. The fact is that the standard of care
7 and the standard of recovery should be the
8 same.
9 Now, what we perhaps might be
10 able to do, as we suggested last week, is
11 legislate or find the resources -- since there
12 aren't really that many volunteers -- and their
13 service is greatly appreciated and in no way
14 should they be encumbered by the performance of
15 their service. Perhaps from some of the many
16 funds that we have around the state that we
17 never quite figured out what to do with the
18 resources, I would suggest that those be apt
19 donations to the insurance that would cover for
20 the volunteers but to allow for this recovery at
21 the expense of the patient, in our opinion,
22 would not accomplish the goal of keeping a
23 unified standard health care system and the
24 exact remedies for all who are -- come under the
25 care of a clinic or any other not-for-profit
5734
1 facility.
2 ACTING PRESIDENT KUHL: Is there
3 any other Senator wishing to speak on the bill?
4 Senator Leichter.
5 SENATOR LEICHTER: Would Senator
6 Lack yield.
7 ACTING PRESIDENT KUHL: Senator
8 Lack, do you yield to a question from Senator
9 Leichter?
10 SENATOR LACK: Surely.
11 ACTING PRESIDENT KUHL: The
12 Senator yields.
13 SENATOR LEICHTER: Senator Lack,
14 do we have any experience or studies or
15 assessment which show that there's been a large
16 number of lawsuits against voluntary home care
17 givers? What is really the need of this bill, I
18 guess is what I'm really asking you.
19 SENATOR LACK: Let me read you a
20 letter, if I can, Senator Leichter, from Dorot.
21 It's a Jewish organization on West 85th Street.
22 You might have heard about it.
23 SENATOR LEICHTER: My district.
24 SENATOR LACK: Yes, I know.
25 Allow me to read the letter because it, Mr.
5735
1 President, answers not only your question but
2 goes to what Senator Paterson was saying about
3 there aren't that many volunteers out there.
4 "Dear Senator Lack: I'm writing
5 on behalf of Dorot and its thousands of
6 volunteers in support of this piece of
7 legislation you have introduced in the New York
8 State Senate. Dorot is a not-for-profit social
9 service agency dedicated to meeting the needs of
10 a homebound and homeless agent. Dorot's small
11 staff, in this one agency alone, 4,000 adult
12 volunteers and 3,500 young volunteers age 5 to
13 21 serve 10,000 elders and their care givers
14 each year", on the west side of Manhattan in
15 your district and Senator Paterson's district,
16 "providing them with companionship and physical
17 and emotional sustenance. Dorot's innovative
18 programs would serve as an international model,
19 alleviate the isolation and depression", et
20 cetera, et cetera.
21 "There's not been one single
22 incident in which an elder has been injured
23 during a visit by a volunteer. Nevertheless, we
24 have to pay for liability insurance which places
25 too onerous a financial burden on small,
5736
1 not-for-profit volunteer organizations and well
2 meaning individuals whose only desire is to help
3 others."
4 This, Senator Leichter, is
5 repeated in all 61 Senate districts throughout
6 the state. The request for me specifically came
7 from organizations in Suffolk County which, like
8 Dorot in the middle of Manhattan, have thousands
9 of volunteers of all ages who are trying to
10 provide some services to supplement governmental
11 services to people who are homebound.
12 It isn't so much, Senator
13 Leichter, the number of lawsuits. It is,
14 unfortunately, what society requires the cost of
15 maintaining the insurance against the
16 possibility of a number of lawsuits that has
17 resulted in this request for this legislation.
18 These are, as they are in your district, all
19 well meaning people -- well, in your district
20 alone, we're talking 7,000 volunteers in this
21 one small agency. So we're literally talking
22 about tens and tens of thousands of people in
23 this state who are volunteering their time and
24 their services and if you read the bill, this is
25 for without compensation just to go and try to
5737
1 help people who could be in need.
2 SENATOR LEICHTER: Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Leichter.
5 SENATOR LEICHTER: On the bill.
6 I guess Senator Lack proves the old adage,
7 cross-examination, you should never ask a
8 question unless you know the answer, but I'm
9 glad I asked it and I didn't -- I wasn't put up
10 for asking that question by Senator Lack. It so
11 happens Dorot is not only in my district but I
12 have been actively engaged in helping it because
13 it's a wonderful organization and reflecting on
14 what Senator Lack said and that the issue is not
15 necessarily that there have been a lot of
16 lawsuits but that it's -- irrespective of
17 whether there are lawsuits or not, these
18 organizations have to pay liability insurance.
19 I think he makes an excellent point.
20 I also want to make a distinction
21 between the bill we had last -- Senator Hannon's
22 bill last week and this bill. This bill dealt
23 with licensed professionals who were providing
24 services in community hospitals and clinics, and
25 so on, I think a matter where it's much easier
5738
1 to set up a state program at very low cost to
2 provide coverage and, therefore, provide an
3 incentive for people who volunteer their
4 services. Here we're not talking about licensed
5 professionals and, in fact, Senator Lack's bill
6 specifically states that nothing in this
7 subdivision shall be deemed or construed to
8 relieve a licensed physician, dentist, nurse,
9 physical assistant, et cetera. Here they're
10 really talking about volunteers. What Dorot
11 does, for instance, it's really an
12 intergenerational program where young people,
13 many of them attend Columbia, Barnard, and so
14 on, volunteer their time to deliver food
15 packages to the homebound elderly. There's
16 programs like this throughout the state. So
17 we're talking about volunteers not licensed
18 professionals. I'm convinced, Senator Lack.
19 Thank you.
20 ACTING PRESIDENT KUHL: Senator
21 Lachman.
22 SENATOR LACHMAN: On the bill.
23 This is an example when a debate
24 in this chamber can change a vote. I was going
25 into this chamber to vote no. I've heard the
5739
1 discussion and I just read the letter that
2 Senator Lack had.
3 Dorot is one of the unsung heroes
4 in the nation. Has received many awards in its
5 voluntary capacity and after reading the letter
6 and hearing the debate, I will vote in the
7 affirmative on this measure.
8 ACTING PRESIDENT KUHL: Is there
9 any other Senator wishing to speak on the bill?
10 (There was no response.)
11 Hearing none, the Secretary will
12 read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 52.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Paterson, why do you
22 rise?
23 SENATOR PATERSON: Mr. President,
24 just to explain my vote. I'm actually -
25 ACTING PRESIDENT KUHL: Senator
5740
1 Paterson, to explain his vote.
2 SENATOR PATERSON: -- I'm
3 persuaded by Senator Leichter's conversation
4 with Senator Lack. I must have been thinking
5 back to last week. I thought I saw in the bill
6 here that it pertained to health care
7 professionals, dentists and otherwise. I'll
8 check that out but in the interim, I'm willing
9 to vote for the legislation because at no point
10 in my discussion did I suggest that volunteers
11 should be penalized or be liable in this
12 particular way.
13 Like Senator Leichter, Project
14 Dorot is now in his district, was once in mine,
15 was founded by 12 students who were Jewish who
16 attended Columbia University the same time I did
17 and they do bring in a tremendous number of
18 volunteers to work in this area.
19 I didn't realize that the type of
20 care that the volunteers were giving would come
21 under this kind of scrutiny.
22 So my vote is in favor, Mr.
23 President.
24 ACTING PRESIDENT KUHL: Senator
25 Paterson will be recorded in the affirmative.
5741
1 The bill is passed.
2 THE SECRETARY: Calendar Number
3 867, by member of the Assembly Sweeney, Assembly
4 Print 1074-C, an act to amend the Penal Law, in
5 relation to possession and sale of fireworks.
6 ACTING PRESIDENT KUHL: The
7 Secretary will read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the first day of
10 November.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 52.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 963, by Senator Levy, Senate Print 608-A, an act
19 to amend the Vehicle and Traffic Law, in
20 relation to instruction for school bus drivers.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 SENATOR PATERSON: Mr. President.
24 ACTING PRESIDENT KUHL: Yes,
25 Senator Paterson.
5742
1 SENATOR PATERSON: On this bill,
2 we don't have any problem with the bill but the
3 Civil Service Employees Association raised a
4 concern that we certainly share, which is that
5 the members not have to pay for their own
6 training. No one's objecting to the training
7 and I don't know that I would object to the bill
8 even if they did, but certainly where the care
9 of children is at stake, we would not want for
10 the members to actually have to forego this
11 out-of-pocket cost when the value of safety is
12 such that we wouldn't want financing to get in
13 the way of the best drivers to be shepherding
14 our children back and forth to school.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 52.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 Senator Lachman, why do you
5743
1 rise?
2 SENATOR LACHMAN: Mr. President,
3 I rise because I would like to change my vote on
4 Calendar Number 491 based on the premise that
5 the Health Department will supervise the
6 establishment of the corporation of hospitals by
7 limited liability companies.
8 I would like to vote from the
9 negative to the affirmative based upon that.
10 ACTING PRESIDENT KUHL: Without
11 objection, hearing no objection, Senator Lachman
12 will be recorded in the affirmative on Calendar
13 Number 491.
14 The Secretary will continue to
15 read the controversial calendar.
16 THE SECRETARY: Calendar Number
17 1045, by Senator Marchi, Senate Print 3649-B, an
18 act to amend the Limited Liability Company Law,
19 the Partnership Law, the Business Corporation
20 Law.
21 SENATOR LEICHTER: Explanation.
22 ACTING PRESIDENT KUHL: Senator
23 Skelos.
24 SENATOR SKELOS: Lay the bill
25 aside.
5744
1 ACTING PRESIDENT KUHL: Lay the
2 bill aside.
3 The Secretary will continue to
4 read.
5 THE SECRETARY: Calendar Number
6 1062, by Senator Farley, Senate Print 4732, an
7 act to amend the Banking Law and the General
8 Obligations Law, in relation to penalties for
9 mortgage prepayments.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read the last section.
12 THE SECRETARY: Section 3. This
13 act shall take effect on the 90th day.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 52.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1082, by Senator Marchi, Senate Print 4767-A, an
22 act to amend the Business Corporation Law, in
23 relation to the organization of professional
24 service corporations.
25 ACTING PRESIDENT KUHL: The
5745
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 1193, by Senator Velella, Senate Print 1972-A,
8 an act to amend the New York City Civil Court
9 Act and the Civil Practice Law and Rules, in
10 relation to authorizing New York City marshals
11 to exercise the same functions.
12 SENATOR PATERSON: Explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Velella, an explanation of Calendar Number 1193
15 has been requested by Senator Paterson.
16 SENATOR VELELLA: Yes, Senator.
17 This bill would allow New York City marshals, of
18 which there are, I believe 50, to enforce
19 judgments for both the Family and the Supreme
20 Court in any county within the city of New
21 York. It would strictly apply to the city of
22 New York.
23 We had this bill. We've passed
24 it once or twice before. There was some
25 question as to whether or not this had some
5746
1 problems with DC 37. Those have been resolved.
2 I believe there are still some technical
3 questions. However, we've resolved it to the
4 point where this is compliant with their union
5 contract.
6 ACTING PRESIDENT KUHL: Senator
7 Paterson.
8 SENATOR PATERSON: If Senator
9 Velella would yield to a quick question.
10 ACTING PRESIDENT KUHL: Do you
11 yield, Senator Velella?
12 SENATOR VELELLA: Yes.
13 ACTING PRESIDENT KUHL: The
14 Senator yields.
15 SENATOR PATERSON: Senator
16 Velella, the issue of the disparity in the
17 percentage that would be refunded after the
18 collection of the judgment by the marshal
19 vis-a-vis what the sheriff was refunding -- I
20 think the sheriff was a point and a half higher
21 at 5 percent as opposed to 3.5 percent -- that's
22 all worked out?
23 SENATOR VELELLA: I've heard no
24 problem about that at all and the marshals, as
25 you know, work as a private entity and maintain
5747
1 their own expenses. I don't believe that's been
2 an issue at all. I've never had it raised to me
3 in discussing this bill.
4 SENATOR PATERSON: And,
5 therefore, the union opposition on the original
6 bill, therefore, that's all been -
7 SENATOR VELELLA: Well, I'm not
8 going to mislead you, Senator. They're not
9 jumping up and down and cheering for this bill
10 but there have been provisions put into this
11 bill that will make them whole in the sense that
12 the provisions of no layoffs and no diminution
13 in the amount of work available to the union
14 members is encompassed in this and runs beyond
15 the union contract by this bill.
16 SENATOR PATERSON: Okay. But -
17 that's fair enough. Thanks very much, Senator.
18 SENATOR VELELLA: You're welcome.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
5748
1 THE SECRETARY: Ayes 51, nays 1,
2 Senator Kuhl recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 ACTING PRESIDENT KUHL: Senator
6 Saland, Senator Leibell, you're voting no on the
7 last bill or are you checking in?
8 SENATOR SALAND: Mr. President, I
9 can't hear you.
10 ACTING PRESIDENT KUHL: Would you
11 ask the Sarge to shut the door, please.
12 Senator Saland, were you
13 indicating you would like to vote no on the last
14 bill that was read -
15 SENATOR SALAND: Yes, Mr.
16 President.
17 ACTING PRESIDENT KUHL: -
18 Calendar Number 1193, Senator Velella's bill?
19 SENATOR SALAND: Yes, Mr.
20 President.
21 ACTING PRESIDENT KUHL: Senator
22 Leibell, you're asking also?
23 SENATOR LEIBELL: Certainly, Mr.
24 President.
25 ACTING PRESIDENT KUHL: Senator
5749
1 Santiago, you wish to be in the negative on the
2 last bill also?
3 (Senator Santiago nods head.)
4 ACTING PRESIDENT KUHL: Without
5 objection and I hear no objection, all three
6 Senators will be recorded in the negative on
7 Calendar Number 1193. That bill was passed.
8 The Secretary will continue to
9 call the controversial calendar now moving on to
10 the supplemental active list, beginning with
11 Calendar Number 195, by Senator Spano.
12 SENATOR DOLLINGER: Mr.
13 President.
14 ACTING PRESIDENT KUHL: Senator
15 Dollinger, why do you rise?
16 SENATOR DOLLINGER: Mr.
17 President, I apologize. We just took a vote on
18 Calendar Number 1193. I would ask to be
19 recorded in the negative as well.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator
22 Dollinger will be recorded in the negative on
23 Calendar Number 1193.
24 Senator Lachman.
25 SENATOR LACHMAN: 1193.
5750
1 ACTING PRESIDENT KUHL: Without
2 objection, hearing no objection, Senator Lachman
3 will be recorded in the negative on Calendar
4 Number 1193.
5 The Secretary will read Calendar
6 Number 195.
7 THE SECRETARY: Calendar Number
8 195, by Senator Spano, Senate Print 2486, an act
9 to amend the Labor Law and the Workers'
10 Compensation Law, in relation to the definition
11 of employment.
12 SENATOR PATERSON: Explanation.
13 ACTING PRESIDENT KUHL: Senator
14 Spano, an explanation of Calendar Number 195 has
15 been requested by Senator Paterson.
16 SENATOR SPANO: Mr. President,
17 this bill provides that professional models who
18 -- would be deemed independent contractors for
19 unemployment and for Workers' Compensation if
20 they meet certain criteria that we've set forth
21 in the proposed statute.
22 If we go back to 1992, Chapter
23 668 of the Laws of 1992, it was enacted in an
24 effort just to clarify who would be an
25 independent contractor in terms of professional
5751
1 models.
2 Prior to that, there was no clear
3 definition in the law and Chapter 668 was
4 enacted to put UI and Workers' Compensation
5 coverage in statute. What happened was some
6 confusion that was -- that resulted where we
7 were defining employment with specific
8 references that left some models out of the
9 loop.
10 What -- this bill would implement
11 specific criteria which a professional model
12 must meet to determine they're an independent
13 contractor.
14 ACTING PRESIDENT KUHL: Senator
15 Paterson, do you wish to speak more on the bill,
16 ask further questions?
17 SENATOR PATERSON: Mr. President,
18 if Senator Spano would yield for a question.
19 ACTING PRESIDENT KUHL: Senator
20 Spano, do you yield to a question? The Senator
21 yields.
22 SENATOR PATERSON: Senator, is
23 there a reason why we're only providing this
24 protection to models as opposed to various other
25 groups that are in the same sort of -
5752
1 beauticians or other independent contractors
2 that are in this similar circumstance?
3 SENATOR SPANO: Yes. There is a
4 reason for that, Senator. While we don't
5 pretend that we're handling all the problems of
6 independent contractors with the passage of
7 this, but when we did pass Chapter 668 of the
8 Laws of '92, it did put in place a mechanism
9 with respect to models specifically and this
10 legislation will put -- implement some specific
11 criteria to deal with problems that have
12 resulted as a result of that -- of the law that
13 we passed in 1992.
14 There are other pieces of
15 legislation that we have and that the Labor
16 Committee had been looking into dealing with
17 independent contractors but this is not a
18 subject for today and also, Senator, we did have
19 -- it was last year, we had conducted a series
20 of hearings across the state where we did hear
21 from a number of models that overwhelmingly
22 supported the passage of this legislation.
23 SENATOR PATERSON: Thank you very
24 much, Senator Spano.
25 Mr. President, on the bill.
5753
1 ACTING PRESIDENT KUHL: Senator
2 Paterson, on the bill.
3 SENATOR PATERSON: Mr. President,
4 not all of the individuals who are working are
5 as glorified and as high profiled as some of the
6 more famous and celebrated models that we're
7 aware of in society and because of the
8 inconsistency of the work that they are able to
9 find, it becomes very difficult for them not
10 being represented by unions to actually compete
11 in the actual market and so, therefore, to
12 remove them from -- or have them seen as
13 independent contractors and not eligible for
14 some of the benefits that Workers' Compensation
15 and unemployment are providing; therefore, the
16 AFL-CIO and many others are quite concerned
17 about this and in spite of Senator Spano's
18 efforts through the hearing that he did hold to
19 alleviate that concern, there's still the
20 feeling that the worker whose work comes
21 inconsistently is placed in a situation where
22 the barriers are increased probably through -
23 without the protections that would be afforded
24 to just the regular employee.
25 ACTING PRESIDENT KUHL: Senator
5754
1 Stachowski.
2 SENATOR STACHOWSKI: Mr.
3 President, it's not often I get up and disagree
4 with an AFL-CIO memo, much less disagree with my
5 wonderful colleague, David Paterson, but on this
6 particular bill, I'm agreeing with Senator
7 Spano.
8 Having gone through a situation
9 years ago in Buffalo where one of the larger
10 modeling agencies in a small market like Buffalo
11 was almost put out of business by an audit and
12 subsequent attempt to collect money for owed
13 unemployment coverages and it -- and they had
14 gone to court and they won all the way through
15 the court system and won in the Supreme Court
16 here in New York, showing that these models were
17 independent agents, that they were not always
18 handled by this particular agency when they got
19 work, that the reason for this bill and the
20 reason even the models backed this bill is
21 because, in most cases, these models are
22 represented by different people according to
23 different jobs, so that somebody else would call
24 them if they need their particular type for a
25 certain job.
5755
1 So the fact is that I think
2 Senator Spano's bill goes a long way to
3 addressing this particular problem, more in the
4 smaller agencies than the larger ones. This
5 would be a major problem if they were suddenly
6 audited by the Labor Department and told they
7 owe large sums of money because they didn't
8 cover unemployment insurance for models that
9 were just -- that they assigned to certain jobs
10 that weren't full-time employees.
11 So that this is a legitimate
12 concern of not only the models but also the
13 agencies. I think that this bill is necessary
14 and will go a long way to alleviate that
15 pressure and that pressure still exists because
16 that same agency that won all the way through to
17 the Supreme Court was notified earlier this year
18 that they were going to have another audit of
19 the same nature and then all of a sudden they
20 didn't, but they were under that scare for about
21 a month that they were going to have to go
22 through the same thing that they had gone
23 through and had led them to go to that court
24 decision years ago.
25 So I would recommend the people
5756
1 support Senator Spano's bill and, by the way,
2 there is one union modeling agency that we know
3 of and they would not be ill-affected by this
4 particular bill.
5 ACTING PRESIDENT KUHL: Is there
6 any other Senator wishing to speak on the bill?
7 (There was no response.)
8 Hearing none, the Secretary will
9 read the last section.
10 THE SECRETARY: Section 7. 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 Abate, why do you rise?
19 SENATOR ABATE: Yes. I'd ask for
20 unanimous consent to be recorded in the negative
21 on Calendar Number 767 and 1193.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator Abate
24 will be recorded in the negative on Calendar
25 Number 767 and 1193.
5757
1 The Secretary will continue -
2 ACTING PRESIDENT KUHL: Senator
3 Kruger.
4 SENATOR KRUGER: It seems to be
5 fashionable. 1193, I would ask unanimous
6 consent to be recorded in the negative.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Kruger
9 will be recorded in the negative on Calendar
10 Number 1193.
11 Senator Montgomery.
12 SENATOR MONTGOMERY: Yes. Thank
13 you, Mr. President.
14 I would like unanimous consent to
15 be recorded in the negative on Calendars 491 and
16 1082.
17 ACTING PRESIDENT KUHL: Without
18 objection.
19 SENATOR MONTGOMERY: Thank you.
20 ACTING PRESIDENT KUHL: Hearing
21 no objection, Senator Montgomery will be
22 recorded in the negative on Calendar Number 491
23 and 1082.
24 The Secretary will continue to
25 read the controversial calendar.
5758
1 THE SECRETARY: Calendar Number
2 199, by Senator Larkin, Senate Print 1724-B, an
3 act to amend the County Law, in relation to
4 authorizing county sewers in the county of
5 Orange.
6 SENATOR PATERSON: Explanation.
7 ACTING PRESIDENT KUHL: Did I
8 hear a request for an explanation?
9 Senator Larkin, an explanation
10 has been asked for by Senator Paterson, I
11 believe.
12 SENATOR LARKIN: Yes, Mr.
13 President. This bill would allow Orange County
14 to enter into an agreement with private
15 organizations in relationship to the operation
16 and maintenance of a county sewer district.
17 The county legislature has passed
18 a resolution, has held a public hearing. It's
19 similar to legislation extended to Suffolk
20 County in 1980 and the sewer district itself has
21 reached its capacity.
22 With regard to the funding of the
23 facility, federal legislation enacted by
24 President Bush and continued on by President
25 Clinton on the forgiveness of the debt of this
5759
1 would be the same as any other facility
2 privatized nationwide. Two organizations -- two
3 communities that have engaged in this,
4 Wilmington, Delaware and Franklin, Ohio, say
5 that their projection is very successful.
6 Last year there was some question
7 concerning the employees. The CSEA had written
8 a new memo dated the 3rd of March but it's not
9 consistent with the bill's "B" print and the
10 matter concerning employees has currently
11 addressed it in the bill itself.
12 ACTING PRESIDENT KUHL: Senator
13 Paterson.
14 SENATOR PATERSON: Mr. President,
15 if Senator Larkin would yield for a question.
16 ACTING PRESIDENT KUHL: Senator,
17 do you yield?
18 SENATOR LARKIN: Yes, Mr.
19 President.
20 ACTING PRESIDENT KUHL: The
21 Senator yields.
22 SENATOR PATERSON: Thank you,
23 Senator.
24 You were talking about the March
25 3rd memo issued by the Civil Service Employees
5760
1 Association and obviously it raised a concern
2 about public jobs and, you know, then you went
3 on to say you didn't think it would really harm
4 the employment and I just didn't understand how
5 that would not, but if you might explain it,
6 perhaps we can all get a better understanding of
7 it.
8 SENATOR LARKIN: Senator
9 Paterson, I would like to direct your attention
10 to page 2 of the "B" version, line 45 through
11 line 56, and it's very, very clear. This
12 language was entered into with labor's
13 participation and the same bill is being
14 introduced in the Assembly by Mr. Gunther and it
15 says in plain language if an employee, after
16 this agreement takes place, in essence, he'll be
17 offered a job with the private entrepreneur. If
18 he decides he doesn't want to take that job, the
19 county will move him within the county so that
20 he will have his rights, benefits and
21 protections. None of them will. In Orange
22 County, this facility has 12 employees.
23 ACTING PRESIDENT KUHL: Senator
24 Paterson.
25 SENATOR PATERSON: Mr. President,
5761
1 in spite of the participation that Senator
2 Larkin and others who are supporting the
3 legislation afforded the labor community, they
4 did not participate to a point where I get the
5 impression there was full satisfaction. What
6 the Senator did was to be quite open and to
7 elicit and hear every point of view.
8 However, the concern for workers
9 in this type of a situation -- there are many
10 types of privatization that actually can be
11 somewhat effective and, in fact, there have been
12 times when actually the public agency has been
13 able to win bids against the private -- the
14 private company, such as a famous situation in
15 1988 involving the sewage removal in Phoenix,
16 Arizona, where the privatization factor actually
17 stimulated the effort that the public agency was
18 involved in and it was actually the workers
19 designing new routes and demonstrating ways that
20 service could be implemented in a more effective
21 way that could help them to win, but in the
22 present case, not finding enough to actually
23 sustain a belief that there is a valid claim to
24 have in Orange County this system become private
25 -- and I don't want to speak that much about an
5762
1 area that I am not nearly as familiar as is
2 Senator Larkin -- the fact remains that in the
3 general issue, there's a feeling even in the
4 labor community in that area that jobs will be
5 -- will be lost in the process.
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 55.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 284, by Senator Volker, Senate Print 365-C, an
18 act to amend the Penal Law, in relation to
19 possession of one gram or more.
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: Senator
5763
1 Leichter, why do you rise?
2 SENATOR LEICHTER: Just to find
3 out what calendar number we're on.
4 ACTING PRESIDENT KUHL: Calendar
5 Number 284, Senator Leichter.
6 SENATOR LEICHTER: 384?
7 ACTING PRESIDENT KUHL: It's on
8 our regular calendar, Calendar Number 284. It's
9 on the supplemental active list. It's a bill
10 that Senator Volker sponsors. Did you wish to
11 debate the bill, Senator Leichter?
12 (There was no response.)
13 The Secretary will read the last
14 section.
15 THE SECRETARY: Section 8. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 55.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
5764
1 if we could return to reports of standing
2 committees, I believe there's a report of the
3 Rules Committee at the desk. I ask that it be
4 read at this time.
5 ACTING PRESIDENT KUHL: We'll
6 return to the order of reports of standing
7 committees.
8 The Secretary will read the
9 report of the Rules Committee.
10 THE SECRETARY: Senator Bruno,
11 from the Committee on Rules, offers up the
12 following bills:
13 Senate Print 478, by Senator
14 DeFrancisco, an act to amend the Real Property
15 Tax Law;
16 1902, by Senator Maltese, an act
17 to amend the Real Property Tax Law, in relation
18 to permitting;
19 2057, by Senator Kuhl, an act to
20 amend the Environmental Conservation Law;
21 2522-A, by Senator Johnson, an
22 act to amend the Penal Law;
23 4240-A, by Senator Seward, an act
24 to amend the General Municipal Law;
25 4786-A, by Senator Lack, an act
5765
1 to amend the Environmental Conservation Law;
2 4900, by Senator Trunzo, an act
3 to amend the Civil Service Law;
4 5225, by Senator Tully, an act to
5 amend the Executive Law;
6 5373, by Senator Velella, an act
7 to amend the Administrative Code of the city of
8 New York;
9 5429, by Senator Marcellino, an
10 act to amend the Public Authorities Law; and
11 5499, by Senator Holland, an act
12 to amend the Agriculture and Markets Law.
13 All bills directly for third
14 reading.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos.
17 SENATOR SKELOS: Mr. President,
18 move to accept the report of the Rules
19 Committee.
20 ACTING PRESIDENT KUHL: The
21 motion is to accept the report of the Rules
22 Committee. All those in favor signify by saying
23 aye.
24 (Response of "Aye".)
25 Opposed, nay.
5766
1 (There was no response.)
2 The Rules report is accepted.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 the bills are being distributed at this time.
6 The calendar is also in the process of being
7 distributed. I'd ask that the members and those
8 wishing to debate the bills please be in chamber
9 as we go through the Rules reports and
10 supplemental reports and there will be at least
11 one other meeting of the Rules Committee this
12 afternoon.
13 So once the calendar is
14 distributed, we will take up Calendar Number
15 1319, and again, I ask that the members please
16 be in the chamber.
17 SENATOR PATERSON: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson, why do you rise?
20 SENATOR PATERSON: With unanimous
21 consent, I would like to be recorded in the
22 negative on Calendar Number 767 after having
23 reread the legislation introduced by Senator
24 Lack.
25 ACTING PRESIDENT KUHL: Without
5767
1 objection, hearing no objection, Senator
2 Paterson will be recorded in the negative on
3 Calendar Number 767.
4 ACTING PRESIDENT KUHL: Senator
5 Seabrook, why do you rise?
6 SENATOR SEABROOK: Mr. President,
7 with unanimous consent, I would like to be
8 recorded in the negative on bill 737 and bill
9 491 and also 767.
10 ACTING PRESIDENT KUHL: Is that
11 it?
12 SENATOR SEABROOK: And 1193.
13 ACTING PRESIDENT KUHL: Is that
14 it?
15 SENATOR SEABROOK: That's it.
16 ACTING PRESIDENT KUHL: Okay.
17 Without objection, hearing no objection, Senator
18 Seabrook will be recorded in the negative on
19 Calendars Number 491, 737, 767 and 1193.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 if we could take up Senate Supplemental Calendar
23 Number 57-A, starting with Calendar Number 1319,
24 non-controversial.
25 ACTING PRESIDENT KUHL: The
5768
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 1319, Senator DeFrancisco moves to discharge
4 from the Committee on Rules Assembly Print 3201
5 and substitute it for the identical Senate Third
6 Reading 1319.
7 ACTING PRESIDENT KUHL: The
8 substitution is ordered.
9 The Secretary will read the
10 title.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Let's put
13 the bill before the house first.
14 THE SECRETARY: Calendar Number
15 1319, by member of the Assembly Abbate, Assembly
16 Print 3201, an act to amend the Real Property
17 Tax Law.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 1320, Senator Maltese moves to discharge from
22 the Committee on Rules Assembly Print 969 and
23 substitute it for the identical Senate bill
24 Third Reading 1320.
25 ACTING PRESIDENT KUHL: The
5769
1 substitution is ordered. The Secretary will
2 read the title.
3 THE SECRETARY: Calendar Number
4 1320, by member of the Assembly Schimminger,
5 Assembly Print 969, an act to amend the Real
6 Property Tax Law.
7 SENATOR PATERSON: Lay it aside,
8 please.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1321, by Senator Kuhl, Senate Print 2057, an act
13 to amend the Environmental Conservation Law, in
14 relation to permitting the discharge of a
15 firearm.
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 55.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5770
1 THE SECRETARY: Calendar Number
2 1322, by Senator Johnson, Senate Print 2522-A,
3 an act to amend the Penal Law, in relation to
4 including sale of controlled substances.
5 SENATOR PATERSON: Lay it aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1045, by Senator -- Calendar Number 1323, by
10 Senator Seward, Senate Print 4240A, an act to
11 amend the General Municipal Law, in relation to
12 the calculation of net proceeds.
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 SENATOR PATERSON: Lay it aside,
20 please.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
24 1324, by Senator Lack, Senate Print 4786-A, an
25 act to amend the Environmental Conservation Law,
5771
1 in relation to prohibiting fishing with a trawl
2 in Smithtown Bay.
3 SENATOR PATERSON: Lay it aside.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 1325, by Senator Trunzo, Senate Print 4900, an
8 act to amend the Civil Service Law, in relation
9 to including both the sheriff and the county in
10 those counties.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1326, by Senator Tully, Senate Print 5225, an
16 act to amend the Executive Law, the Criminal
17 Procedure Law and the Public Health Law.
18 SENATOR PATERSON: Lay it aside.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside.
21 THE SECRETARY: Calendar Number
22 1327, by Senator Velella, Senate Print 5373, an
23 act to amend the Administrative Code of the city
24 of New York.
25 ACTING PRESIDENT KUHL: There is
5772
1 a home rule message at the desk. The Secretary
2 will read the last section.
3 SENATOR PATERSON: Lay it aside.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 THE SECRETARY: Calendar Number
7 1328, by Senator Marcellino, Senate Print 5429,
8 an act to amend the Public Authorities Law, in
9 relation to water pollution control revolving
10 fund program.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 1329, by Senator Holland, Senate Print 5499, an
16 act to amend the Agriculture and Markets Law, in
17 relation to posting security for an animal which
18 has been seized.
19 SENATOR PATERSON: Lay it aside.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside.
22 Senator Skelos, that completes
23 the non-controversial reading of Supplemental
24 Calendar Number 57-A.
25 SENATOR SKELOS: Mr. President,
5773
1 once again, I'd urge the members to please come
2 in the chamber so that we can continue with the
3 supplemental calendar, controversial, and if we
4 could start at this time.
5 Senator Dollinger, did you wish
6 to be recognized?
7 ACTING PRESIDENT KUHL: Senator
8 Dollinger.
9 SENATOR DOLLINGER: With the
10 consent of the Deputy Majority Leader, Mr.
11 President, could I have unanimous consent to be
12 recorded in the negative on Calendar Number 767.
13 SENATOR SKELOS: No objection.
14 SENATOR DOLLINGER: Thank you.
15 ACTING PRESIDENT KUHL: Without
16 objection, hearing no objection, Senator
17 Dollinger will be recorded in the negative on
18 Calendar Number 767.
19 The Secretary will read the
20 controversial calendar.
21 THE SECRETARY: Calendar Number
22 1319, by member of the Assembly Abbate, Assembly
23 Print 3201, an act to amend the Real Property
24 Tax Law, in relation to exempting.
25 SENATOR PATERSON: Explanation.
5774
1 ACTING PRESIDENT KUHL: Senator
2 DeFrancisco, an explanation of Calendar Number
3 1319 has been requested by Senator Paterson.
4 SENATOR DeFRANCISCO: If I may
5 have a moment, please.
6 SENATOR SKELOS: Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 Skelos.
9 SENATOR SKELOS: While all the
10 members are assembling and appearing, is there
11 any housekeeping at the desk that we could do at
12 this time? No. Gee, we're so efficient.
13 SENATOR DeFRANCISCO: Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 DeFrancisco.
17 SENATOR DeFRANCISCO: I believe
18 an explanation was asked for.
19 ACTING PRESIDENT KUHL: That's
20 correct, by Senator Paterson.
21 SENATOR DeFRANCISCO: This is a
22 bill that would provide a local option for
23 exemptions for certain improvements to historic
24 property.
25 ACTING PRESIDENT KUHL: Senator
5775
1 Paterson.
2 SENATOR PATERSON: Mr. President,
3 if Senator DeFrancisco would yield for a
4 question.
5 ACTING PRESIDENT KUHL: Senator,
6 do you yield?
7 SENATOR DeFRANCISCO: Yes, I
8 would.
9 ACTING PRESIDENT KUHL: The
10 Senator yields.
11 SENATOR PATERSON: Senator
12 DeFrancisco, there have been a number of times
13 where there is a structural situation, for
14 instance, perhaps it's an arena and they want to
15 expand it and, therefore, some of the -- some of
16 the historic preservation is changed by the
17 attempt to expand it, but there's a point at
18 which the preservation or the landmark that's
19 put on the property has almost no use if the
20 developer or whoever is interested in changing
21 the property undercuts the spirit of the law.
22 Just about how far is this legislation going?
23 In other words, what are the parameters by which
24 somebody can make adjustments to the property
25 without violating the local ordinance?
5776
1 SENATOR DeFRANCISCO: Well, first
2 it would have -- the property would have to fit
3 in the definition of historic property as is
4 defined in the statute and secondly it's a local
5 option and the assessor also has to pass
6 judgment on the issue and that's provided for in
7 the bill that the assessor has got to be
8 satisfied that they're entitled to that
9 exemption.
10 So I would assume that based on
11 assessors normally wanting to make certain that
12 they can collect as much money as possible,
13 there's two built-in protections against that.
14 Number one is that -
15 ACTING PRESIDENT KUHL: Senator
16 DeFrancisco, excuse me just a minute. We have a
17 lot of noise in the chamber.
18 SENATOR DeFRANCISCO: Number one
19 is that it's a local option. Number two, the
20 assessor has to pass upon it to -- and, number
21 three, it has to be a historic property.
22 ACTING PRESIDENT KUHL: Senator
23 Paterson.
24 SENATOR PATERSON: Thank you, Mr.
25 President.
5777
1 I think Senator DeFrancisco has
2 satisfied my concern. The problem often
3 emanates from the fact that the use of the
4 property is -- may be changed by the local
5 government but the issue is that sometimes the
6 pressure on the local government to subscribe to
7 the point of view of someone who wants to make
8 the change is such that you can't really get
9 anybody to stand up for the artistic and
10 cultural value of property and it's taken a very
11 long time to bring that kind of scrutiny to a
12 number of areas, but within the limited use that
13 Senator DeFrancisco very aptly explained, I
14 think that it's certainly fair to do it in this
15 particular case.
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 55.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
5778
1 THE SECRETARY: Calendar Number
2 1320, by member of the Assembly Schimminger,
3 Assembly Print 969, an act to amend the Real
4 Property Tax Law, in relation to permitting
5 revised veterans' exemption.
6 SENATOR PATERSON: Explanation.
7 SENATOR MAZIARZ: Can we lay the
8 bill aside temporarily, please.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside temporarily.
11 THE SECRETARY: Calendar Number
12 1322, by Senator Johnson, Senate Print 2522-A,
13 an act to amend the Penal Law, in relation to
14 including sale of controlled substances.
15 ACTING PRESIDENT KUHL: Senator
16 Johnson -- excuse me. Senator Paterson.
17 SENATOR PATERSON: Mr. President,
18 I'm sorry. What calendar number are we on?
19 ACTING PRESIDENT KUHL: We're on
20 Calendar Number 1322, Senator Johnson's bill.
21 It's 2522-A.
22 SENATOR PATERSON: Thank you, Mr.
23 President.
24 One second. May I have an
25 explanation on that bill.
5779
1 ACTING PRESIDENT KUHL: Senator
2 Johnson.
3 SENATOR JOHNSON: Mr. President,
4 this bill would add to the list of underlying
5 offenses for which you can be charged if a
6 subsequent murder occurs, murder in the second
7 degree and this would add to the present list,
8 which is robbery, burglary, kidnapping, rape, et
9 cetera, et cetera, the criminal sale of a
10 controlled substance from fifth degree down to
11 first degree and even sale of a controlled
12 substance in or near school grounds. If a
13 murder occurs as a result of that act, you could
14 be charged with second degree murder. It's
15 supported by of the Law Enforcement Council -
16 New York State Law Enforcement Council and
17 others.
18 SENATOR PATERSON: Thank you, Mr.
19 President.
20 If Senator Johnson would yield to
21 a question.
22 ACTING PRESIDENT KUHL: Senator
23 Johnson, do you yield to a question from Senator
24 Paterson?
25 SENATOR JOHNSON: Yes, Mr.
5780
1 President.
2 ACTING PRESIDENT KUHL: The
3 Senator yields.
4 SENATOR PATERSON: Senator,
5 you're saying that if the fifth degree of the
6 sale of substance abuses were to occur on a
7 school property, for instance, and that in the
8 midst of the commission of this crime that a
9 death occurs, that at that point that the
10 perpetrator could be charged with second degree
11 murder?
12 SENATOR JOHNSON: That's correct.
13 SENATOR PATERSON: Therefore,
14 Senator Johnson, as that is the highest degree
15 of the charge that someone could be convicted in
16 this state, this would be -- basically
17 assimilate to the definition of a felony murder
18 statute?
19 SENATOR JOHNSON: Senator, I'm
20 not sure if I heard your question clearly.
21 Could you re-address it to me.
22 SENATOR PATERSON: I'm saying
23 that this being the highest charge for which an
24 individual can be tried -- I guess it's intent
25 and reckless indifference for life -- that under
5781
1 the felony murder statute, the fact that a death
2 occurs during the time of the actual crime, the
3 individual charged with the offense might not
4 have been the person that physically caused the
5 death but because they have raised the specter
6 of the entire situation to -- by the fact that
7 they were participating in this type of crime
8 which, in this case, is the sale and the place
9 where the sale occurs, then even though they
10 might not have been the individual who
11 physically pulled the trigger or stabbed someone
12 with a knife, we as a society have determined
13 that they can be charged as if they
14 intentionally went to this area to cause the
15 death of the victim.
16 SENATOR JOHNSON: Senator, the
17 answer is yes and it's no different than all the
18 other acts which I read previously. You could
19 be in a bungled robbery and you might not have
20 done the robbery but you can still be charged
21 with -- you may have not done the murder during
22 that robbery, maybe some of your companions did
23 it, the burglary or whatever, but you could
24 still be charged with that murder, yes.
25 ACTING PRESIDENT KUHL: Senator
5782
1 Paterson.
2 SENATOR PATERSON: Thank you, Mr.
3 President.
4 On the bill. The -- the fiction
5 that is created -- and when I use the word
6 "fiction", I don't mean to in any way diminish
7 the seriousness of it, but what happens is that
8 the type of crime that is committed in some
9 cases is such that we as a society have
10 determined that if you go into a bank per se,
11 and you go in with a gun and perhaps the bank
12 guard, in shooting at you, shoots one of the
13 other -- one of the patrons of the bank, we'll
14 charge you with murder and the reason is because
15 once you went into the bank with a gun, anything
16 could happen and it's really your fault and if a
17 death occurs, we think that it's necessary in
18 that case to charge a person with second degree
19 murder.
20 Now, what's happening is that we
21 are expanding the definition of another crime
22 under Senator Johnson's bill to include this,
23 and what I kind of object to is we're getting
24 down to almost -- and I don't want to use the
25 word "petty", but what I'm just trying to say is
5783
1 to some lesser types of criminal activity for
2 which a variety of reasons could arise that
3 someone loses their life.
4 Now, we already have in the
5 statute the ability to charge people with second
6 degree murder for the crime itself, if the
7 person is there at the time, but this legal
8 fiction that we create with the stretch, such as
9 I described in the scenario of the bank, is one
10 that we've got to be a little, I think more
11 disciplined in terms of the selectivity of its
12 enforcement and in this particular piece of
13 legislation, I just don't think that these types
14 of situations, which quite often are -- involve
15 younger people and also a lot of violence that
16 may take place as a result of younger people
17 being in this kind of an environment -- I don't
18 know that I want to, in a sense, cause someone
19 to be -- enable someone to receive the death
20 penalty or a life sentence for a situation such
21 as this in spite of the fact that a life is
22 lost.
23 There are some pretty strict
24 elements that describe what the second degree
25 murder statute is about as opposed to first and
5784
1 second degree manslaughter or criminally
2 negligent homicide and I'm just suggesting that
3 perhaps we overextended the value of the
4 interpretation of the law in this particular
5 case.
6 I will be voting no, Mr.
7 President.
8 ACTING PRESIDENT KUHL: Is there
9 any other Senator wishing to speak on the
10 bill?.
11 (There was no response.)
12 Hearing none, the Secretary will
13 read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the first day of
16 November.
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: Those recorded in
23 the negative on Calendar Number 1322, Senators
24 Leichter, Montgomery, Paterson and Smith. Ayes
25 52, nays 4.
5785
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1323, by Senator Seward, Senate Print 4240-A, an
5 act to amend the General Municipal Law, in
6 relation to the calculation of net proceeds.
7 SENATOR PATERSON: Explanation.
8 SENATOR SKELOS: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 1324, by Senator Lack, Senate Print 4786-A, an
13 act to amend the Environmental Conservation Law,
14 in relation to prohibiting fishing.
15 SENATOR PATERSON: Explanation.
16 ACTING PRESIDENT KUHL: Senator
17 Lack, an explanation of the bill has been
18 requested.
19 SENATOR LACK: Thank you, Mr.
20 President.
21 This bill would amend current law
22 to include the only part of Long Island Sound
23 not currently covered in restricting trawl
24 fishing within a half mile of the shore.
25 ACTING PRESIDENT KUHL: Senator
5786
1 Paterson.
2 SENATOR PATERSON: That's fine.
3 Thank you very much for the explanation, Mr.
4 President.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect in 30 days.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 56.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1325, by Senator Trunzo, Senate Print 4900, an
17 act to amend the Civil Service Law.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Trunzo, an explanation has been requested of
21 Calendar Number 1325.
22 SENATOR TRUNZO: Mr. President,
23 this bill amends the Civil Service Law to
24 specify and designate the sheriff and his
25 elected sheriffs and the county in any county
5787
1 where a sheriff is in an elected position as a
2 joint public employer for the purpose of
3 collective bargaining.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Mr. President,
7 I just want to be sure, if Senator Trunzo would
8 yield for a question.
9 ACTING PRESIDENT KUHL: Senator
10 Trunzo, do you yield?
11 SENATOR TRUNZO: Yes.
12 SENATOR PATERSON: Senator, does
13 this give the sheriffs in this particular case
14 the opportunity to engage in collective
15 bargaining with the local counties?
16 SENATOR TRUNZO: I didn't quite
17 hear your question, Senator.
18 SENATOR PATERSON: I'm sorry.
19 Mr. President, to Senator Trunzo. I was
20 wondering if this -- the passage of this
21 legislation would empower the sheriffs to engage
22 in collective bargaining with the local
23 counties.
24 SENATOR TRUNZO: It's been done
25 for the past 20 years. The sheriffs and the
5788
1 counties have been jointly -- you know,
2 considered joint public employees. We're only
3 talking about the elected sheriffs, not the
4 appointed sheriffs. There's a difference
5 between the two and in counties such as
6 Westchester, New York City and Nassau County
7 where the sheriffs are appointed, the county
8 then really does the negotiation and the
9 collective bargaining.
10 SENATOR PATERSON: I just need a
11 clarification, if Senator Trunzo would yield for
12 a question.
13 Senator Trunzo, would you
14 distinguish between the elected and appointed
15 sheriffs for purposes of collective bargaining
16 under the law right now.
17 SENATOR TRUNZO: Right now, it
18 used to be part of a constitutional amendment.
19 It was part of the Constitution where they were
20 joint public employers and, as I said, for the
21 past 20 years, that practice has been going on
22 for the elected sheriffs and the counties -- or
23 the county executives in the various counties
24 and what has been happening is one negotiation
25 is a fiscal part of it. The sheriff can
5789
1 negotiate for the employees the bargaining
2 position of the entire -- of the contracts that
3 are going on.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Thank you, Mr.
7 President.
8 On the bill. The Association of
9 Counties basically oppose this legislation
10 because of the collective bargaining option that
11 they feel would be afforded to sheriffs under
12 the legislation.
13 I will, however, since we've
14 really just seen the bill here on the floor, be
15 willing to go back and check on that and if what
16 Senator Trunzo is saying is right, I'll
17 certainly amend my statement, but as it stands
18 now, we don't think this would be a particularly
19 good move for workers in this extent because of
20 what it will now do in competitive bargaining
21 vis-a-vis the discretion of local counties.
22 ACTING PRESIDENT KUHL: Is there
23 any other Senator wishing to speak on the bill?
24 (There was no response.)
25 The Secretary will read the last
5790
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 ACTING PRESIDENT KUHL: Record
8 the negatives and announce the results.
9 THE SECRETARY: Ayes 55, nays 1,
10 Senator Paterson recorded in the negative.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1326, by Senator Tully, Senate Print 5225, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside for the day.
18 THE SECRETARY: Calendar Number
19 1327, by Senator Velella, Senate Print 5373, an
20 act to amend the Administrative Code of the city
21 of New York.
22 SENATOR PATERSON: Explanation,
23 please.
24 ACTING PRESIDENT KUHL: Senator
25 Velella, an explanation of Calendar Number 1327
5791
1 has been requested by Senator Paterson.
2 SENATOR VELELLA: Yes, Senator.
3 This bill is at the request of the city of New
4 York and supported by the PBA.
5 What it does is make an actuarial
6 assumption change in the interest that will be
7 earned by the pension system. It ups it by one
8 quarter of one percent and the monies that will
9 be saved by that actuarial assumption will be
10 saved by the city of New York and I believe are
11 being used to help defray some of the additional
12 costs and police powers that the City is
13 incurring in the next year, but the money saved
14 will go to the city of New York. The union is
15 on board with this and the administration and
16 council are on board with this.
17 ACTING PRESIDENT KUHL: Senator
18 Leichter.
19 SENATOR LEICHTER: Yes. Would
20 Senator Velella yield?
21 SENATOR VELELLA: Yes.
22 SENATOR LEICHTER: Senator, how
23 does that actuarial expectation compare to the
24 actu...
25 SENATOR VELELLA: Brings it into
5792
1 conformity with -
2 SENATOR LEICHTER: Let me finish
3 my question. How does that compare to the
4 actuarial expectation or anticipation on other
5 pension funds of the city of New York?
6 SENATOR VELELLA: It brings it
7 into conformity with the same numbers that are
8 being used by other pension funds. This brings
9 it to the same number.
10 SENATOR LEICHTER: Would you
11 continue to yield, Senator?
12 SENATOR VELELLA: Yes.
13 SENATOR LEICHTER: Could you tell
14 me why -
15 ACTING PRESIDENT KUHL: The
16 Senator continues to yield.
17 SENATOR LEICHTER: -- has there
18 been a difference in the assumption for the
19 police -- is this police and firemen or just
20 police?
21 SENATOR VELELLA: I believe it's
22 only police.
23 SENATOR LEICHTER: Why has there
24 been a difference between the police and the
25 other pension funds, teachers, and so on?
5793
1 SENATOR VELELLA: I can only
2 speculate. If you want my speculation, I can
3 give it to you. The absolute answer, no, I
4 cannot give you the absolute. There were some
5 problems, as you are aware in negotiating the
6 police package for reimbursement and in terms of
7 their salary increases. There's been a lot of
8 problems in negotiating with them between the
9 City and the union and it's my belief that
10 during that negotiating process, other people
11 moved forward, made these adjustments and
12 because there was still an unresolved negotiated
13 settlement being worked on, this does not -- did
14 not keep pace with the others who had already
15 resolved their labor issues. Again, that's the
16 only reason that I can think of that's been told
17 to me, but I don't have an official reason as to
18 why this did not keep pace with the other
19 unions.
20 SENATOR LEICHTER: Mr. President,
21 one final question.
22 So as far as you know, there's
23 nothing that relates to the investments of these
24 pension funds or their management that in any
25 respect requires a different assumption for this
5794
1 particular pension from the police than for the
2 other funds which, as you say, have presently a
3 higher assumption.
4 SENATOR VELELLA: No, Senator.
5 As a matter of fact, I have been informed by
6 both the City and the union the exact opposite,
7 that this is in conformity.
8 SENATOR LEICHTER: This will
9 equalize.
10 SENATOR VELELLA: This will
11 equalize.
12 SENATOR LEICHTER: Thank you.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read the last section.
15 THE SECRETARY: Section 5. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: There is
18 a home rule message at the desk. Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 56.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1328, by Senator Marcellino, Senate Print 5429,
25 an act to amend the Public Authorities Law, in
5795
1 relation to the Water Pollution Control Revolv
2 ing Fund Program.
3 ACTING PRESIDENT KUHL: Secretary
4 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 56.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1329, by Senator Holland, Senate Print5499, an
15 act to amend the Agriculture and Markets Law, in
16 relation to posting security for an animal which
17 has been seized.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 SENATOR HOLLAND: Yes, sir. I
21 didn't hear it; I'm sorry.
22 This bill is to amend a bill we
23 previous passed -- previously passed this year,
24 and the bill we previously passed said that if
25 animals were mistreated, a number of animals
5796
1 were mistreated and had to be picked up by the
2 Humane Society or the ASPCA, the person who was
3 accused of mistreating the animals would be
4 charged a security deposit so that the Humane
5 Society or the ASPCA would be able to pay for
6 the upkeep of the animals.
7 This bill does a couple of -
8 four changes in the bill. It says it would
9 eliminate seeing eye dogs or personal pets such
10 as a dog or cat that -- bird, et cetera. It
11 would notify anybody else who has an interest in
12 the animal that is being taken over by the ASPCA
13 such as a bank in the case of farm animals and
14 would apply for refunds if the individual was
15 found not guilty by the courts and also would
16 allow the sale of the animals failing everything
17 else.
18 ACTING PRESIDENT KUHL: Senator
19 Paterson.
20 SENATOR PATERSON: Thank you, Mr.
21 President.
22 I was just wanting to make sure
23 that this involved cases of actual abuse and
24 mistreatment as opposed to the, what appeared to
25 be stray dogs that would be picked up and then
5797
1 there would be a dispute as to whether the dogs
2 really were in violation or whether there was
3 really a purpose to pick them up. As long as
4 there's a case in which there is some
5 documentation of mistreatment to the animal,
6 this is quite appropriate and so I would
7 withdraw my objection which would be more like
8 barking at the moon.
9 ACTING PRESIDENT KUHL: Secretary
10 will read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 56.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President, I
21 believe Senator Maltese is on his way over to
22 take up Calendar Number 1320. Any housekeeping
23 at the desk?
24 ACTING PRESIDENT KUHL: Nothing at
25 the desk at the moment.
5798
1 Senator Gentile.
2 SENATOR GENTILE: Mr. President, I
3 request unanimous consent to be recorded in the
4 negative on Calendars Number 767 and 1193.
5 ACTING PRESIDENT KUHL: Without
6 objection, hearing no objection, Senator Gentile
7 will be recorded in the negative on Calendar
8 Number 767 and Calendar Number 1193.
9 Senator Montgomery, why do you
10 rise?
11 SENATOR MONTGOMERY: Mr.
12 President, I would like unanimous consent to be
13 recorded in the negative on 767.
14 ACTING PRESIDENT KUHL: Without
15 objection.
16 SENATOR MONTGOMERY: Thank you.
17 ACTING PRESIDENT KUHL: Hearing no
18 objection, Senator Montgomery will be recorded
19 in the negative on Calendar Number 767.
20 Senator Stavisky.
21 SENATOR STAVISKY: Mr. President,
22 I'd like to be recorded in the negative on 767
23 and 1193.
24 ACTING PRESIDENT KUHL: Without
25 objection, hearing no objection, Senator
5799
1 Stavisky will be recorded in the negative on
2 Calendar 767 and Calendar 1193.
3 Senator Smith, why do you rise?
4 SENATOR SMITH: Mr. President, I
5 also ask unanimous consent to be recorded in the
6 negative on Calendar Numbeer 1193.
7 ACTING PRESIDENT: Without
8 objection, hearing no objection, Senator Smith
9 will be recorded in the negative on Calendar
10 Number 1193.
11 Senator Montgomery.
12 SENATOR MONTGOMERY: I would like
13 to be recorded in the negative on 1193 also, Mr.
14 President. I'd like unanimous consent, please.
15 Pretty please. Sir.
16 ACTING PRESIDENT KUHL: Without
17 objection, hearing no objection, Senator
18 Montgomery will be recorded in the negative on
19 Calendar Number 1193.
20 Senator Holland.
21 SENATOR HOLLAND: Call up Calendar
22 Number 1320, please.
23 ACTING PRESIDENT KUHL: Secretary
24 will read Calendar Number 1320.
25 THE SECRETARY: Calendar Number
5800
1 1320, by member of the Assembly Schimminger,
2 Assembly Print 969, an act to amend the Real
3 Property Tax Law, in relation to permitting
4 revised veterans' exemptions.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Maltese, an explanation has been requested.
8 SENATOR MALTESE: Yes, Mr.
9 President.
10 The purpose of this legislation
11 is to guarantee that veterans seeking to
12 contribute additional eligible funds to their
13 eligible funds as defined by statute, property
14 tax exemption after re-evaluation would receive
15 a pro rata exemption as opposed to a dollar for
16 dollar exemption to those extra funds.
17 This legislation amends the Real
18 Property Tax Law by adding two new paragraphs
19 and adding definitions to each subdivision to
20 explain a recompute exemption. The second
21 paragraph would specify how such exemption would
22 be computed. This would allow for a municipality
23 to adopt a local law to adopt this method of
24 recomputing the exemption. Although existing
25 law allows municipalities under re-evaluation to
5801
1 continue the pro rata value of veterans eligible
2 funds for property tax exemptions, a loophole in
3 the law prevents veterans from getting the full
4 benefit of additional eligible funds they seek
5 to apply to their exemption after
6 re-evaluation. Instead of giving a veteran the
7 pro rata tax benefit of additional eligible
8 funds, the present law is simply giving veterans
9 a dollar for dollar increase in their exemption
10 for these extra funds.
11 This legislation would cure this
12 inequity and guarantee veterans the full pro
13 rata benefits of additions to their eligible
14 funds. Under this proposal, when a veteran
15 receives additional eligible funds under this
16 section, then the exemption would be recomputed
17 to take into account the additional funds. A
18 veteran should not be penalized simply because
19 the additional funds were applied after
20 re-evaluation. As veterans serve their country
21 and risk their lives, it would be unfair to deny
22 them the full benefit of their eligible funds.
23 Mr. President, this is an area
24 that has aroused a great deal of confusion and
25 uncertainty and over the years they have sought
5802
1 to correct inequities involving these exemptions
2 and this is the latest attempt to resolve any
3 inequities and give all veterans an equal shot.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Explanation
7 satisfactory.
8 ACTING PRESIDENT KUHL: Secretary
9 will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 90th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 57.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 Senator Skelos, that completes
19 the controversial reading of the supplemental
20 calendar.
21 Senator Farley, why do you rise?
22 SENATOR FARLEY: Yes, Mr.
23 President, I would ask that you as the presiding
24 officer take this opportunity before we close to
25 wish my seatmate and the guy who was just
5803
1 talking to you, Michael Tully, Senator Michael
2 Tully, a happy birthday Today is his birthday.
3 ACTING PRESIDENT KUHL: Would you
4 like to lead the chorus, Senator Farley?
5 SENATOR FARLEY: No, I'll let you
6 to do that.
7 ACTING PRESIDENT KUHL: Senator
8 Tully, we wish you all the best on your
9 birthday, of course, on behalf of all your
10 colleagues here, Senator Bruno, Senator Connor,
11 Senator Paterson, Senator Skelos, myself and
12 everybody, happy birthday. Happy 39th.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 there is going to be a Rules Committee meeting
16 shortly and then we will take up one -- as of
17 right now, one bill. So we have to just stand
18 at ease at this time. Rules staff is getting
19 the bills together.
20 ACTING PRESIDENT KUHL: Senate
21 will stand at ease.
22 (The Senate stood at ease from
23 5:02 p.m., until 5:12 p.m.)
24 ACTING PRESIDENT KUHL: Senate
25 will come to order.
5804
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President,
3 there will be an immediate meeting of the Rules
4 Committee in the Majority Conference Room and
5 the Senate will continue to stand at ease.
6 ACTING PRESIDENT KUHL: Immediate
7 meeting of the Rules Committee, immediate
8 meeting of the Rules Committee in the Majority
9 Conference Room, Room 332. All the members
10 please go to the Rules Committee.
11 (The Senate stood at ease from
12 5:13 p.m., until 5:35 p.m.)
13 ACTING PRESIDENT KUHL: Senator
14 Skelos.
15 SENATOR SKELOS: If we could
16 return to reports of standing committees, I
17 believe there's a report of the Rules Committee
18 at the desk. If we could have it read at this
19 time.
20 ACTING PRESIDENT KUHL: Have a
21 little order in the house. We have some
22 business to conclude yet this evening. Members
23 will take their seats, staff take their seats.
24 Return to the order of reports of
25 standing committees. Ask the Secretary to read
5805
1 the report of the Rules Committee which is at
2 the desk.
3 THE SECRETARY: Senator Bruno,
4 from the Committee on Rules, offers up the
5 following bills:
6 5594, by Senator Velella, an act
7 to amend the Insurance Law;
8 401-B, by Senator Maziarz, an act
9 to amend the Insurance Law;
10 1617, by Senator Velella, an act
11 to amend the Insurance Law;
12 1704, by Senator Maltese, an act
13 in relation to allowing certain Correction
14 members;
15 1914-A, by Senator Libous, an act
16 to amend the Penal Law;
17 2430, by Senator DeFrancisco,
18 concurrent resolution of the Senate and
19 Assembly;
20 2491, by Senator Waldon, an act
21 to amend the Public Authorities Law;
22 2667, by Senator LaValle, an act
23 authorizing the town of East Hampton;
24 3190, by Senator Trunzo, an act
25 to amend the Retirement and Social Security Law;
5806
1 3268, by Senator Skelos, an act
2 to amend the Retirement and Social Security Law;
3 3620, by Senator Libous, an act
4 to authorize the city of Binghamton;
5 4342, by Senator Saland, an act
6 to amend Chapter 524 of the Laws of 1987;
7 4583-A, by Senator Meier, an act
8 to amend the Penal Law;
9 4624, by Senator Farley, an act
10 to enable the county of Schenectady;
11 4808-A, by Senator Tully, an act
12 to authorize Stuart L. Ain to apply;
13 4846-A, by Senator Meier, an act
14 to amend the Social Services Law;
15 4893, by Senator Saland, an act
16 to authorize the city school district;
17 5107, by Senator Velella, an act
18 to amend the Public Authorities Law;
19 5159-A, by Senator Trunzo, an act
20 to amend the Public Authorities Law;
21 5320-C, by Senator Tully, an act
22 to amend the Public Health Law;
23 5458-A, by Senator LaValle, an
24 act to amend the Mental Hygiene Law;
25 5461, by Senator Spano, an act to
5807
1 amend the Vehicle and Traffic Law;
2 5479, by Senator Dollinger, an
3 act to amend the Vehicle and Traffic Law;
4 5531, by the Committee on Rules,
5 an act to amend Section 564;
6 5534, by Senator Marcellino, an
7 act authorizing the assessor of the county of
8 Nassau;
9 5537, by Senator Goodman, an act
10 to amend the Alcoholic Beverage Control Law;
11 5563, by Senator Saland, an act
12 to authorize the Commissioner of General
13 Services;
14 5581, by Senator Farley, an act
15 to amend the Vehicle and Traffic Law; and
16 5602, by Senator DeFrancisco, an
17 act authorizing and directing.
18 All bills direct to third
19 reading.
20 ACTING PRESIDENT KUHL: Senator
21 Skelos.
22 SENATOR SKELOS: Move to accept
23 the report of the Rules Committee.
24 ACTING PRESIDENT KUHL: Motion is
25 to accept the report of the Rules Committee. All
5808
1 in favor signify by saying aye.
2 (Response of "Aye.")
3 Opposed nay.
4 (There was no response.)
5 The Rules report is accepted.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 at this time if we could take up Calendar Number
9 1330, Senate Print 5594, by Senator Velella.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the title to Calendar Number 1330.
12 THE SECRETARY: Calendar Number
13 1330, by Senator Velella Senate Print 5594, an
14 act to amend the Insurance Law, in relation to
15 chiropractic care.
16 SENATOR PATERSON: Explanation.
17 ACTING PRESIDENT KUHL: Senator
18 Velella, an explanation has been requested by
19 Senator Paterson.
20 SENATOR VELELLA: This bill will
21 give chiropractors parity with other health care
22 professionals with regard to health care insur
23 ance. It basically divides health care insur
24 ance which will now be covered by chiropractors
25 into two different groups: Those that are
5809
1 covered by managed care products that imposes
2 the same co-payment, co-insurance benefits or
3 reasonable utilization review that is imposed on
4 other HMOs, participators or suppliers, and in
5 the case of indemnity policies, it restricts the
6 visits to 15 visits under an indemnity policy
7 and the carrier may impose utilization review
8 requirements after those 15 visits. That
9 provision is sunsetted in December -- on
10 December 31st of 1999, and the Superintendent of
11 Insurance will conduct a study on the
12 utilization review trends, cost impacts of
13 including chiropractic in indemnity policies,
14 but at that point in time that report will be
15 given to the Legislature and they will decide
16 whether or not to continue chiropractic services
17 in an indemnity plan or whether or not to adopt
18 a different type of philosophy in approaching
19 them as to whether or not they're cost
20 effective.
21 ACTING PRESIDENT KUHL: Senator
22 Paterson.
23 SENATOR PATERSON: Mr. President,
24 I'm very satisfied with that explanation and
25 would like to support the bill but since you're
5810
1 here, Senator Velella, your time shouldn't go to
2 waste.
3 Will you yield for a quick
4 question?
5 SENATOR VELELLA: Sure, if you
6 will take a quick answer.
7 SENATOR PATERSON: Do you think
8 this will impose a mandate on insurance to
9 provide coverage that it otherwise would not?
10 It doesn't change our view of the bill. I just
11 wondered from your knowledge.
12 SENATOR VELELLA: I guess you can
13 call it whatever you want. You can look at it
14 and say, is the glass half full, is the glass
15 half empty? Is it a mandate? Is some of this
16 covered now? Yes. Some policies allow it, some
17 don't. It gives parity to the chiropractors,
18 treats them as the professionals, licensed
19 professionals they are, allows them to be
20 reimbursed only for that which is defined in the
21 scope of practice under the Health Law, that for
22 which they are licensed, no more, no less, and
23 gives them equality. Rather than a mandate, I
24 would look at it as a parity or an equality
25 bill.
5811
1 SENATOR PATERSON: That makes it
2 even easier to vote for it then than last year
3 because it kind of creates a kind of limitation
4 there.
5 Well, thank you very much,
6 Senator Velella.
7 Mr. President, why don't we just
8 do the last section, pass the bill and get out
9 of here.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 7. This
13 act shall take effect January 1st, 1998.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 57.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 any housekeeping at the desk?
23 ACTING PRESIDENT KUHL: Yes, we
24 do have some.
25 We'll return to motions and
5812
1 resolutions. Chair recognizes Senator Tully.
2 SENATOR TULLY: Thank you, Mr.
3 President.
4 I wish to call up my bill, Print
5 Number 4111, recalled from the Assembly which is
6 now at the desk.
7 ACTING PRESIDENT KUHL: Secretary
8 will read.
9 THE SECRETARY: By Senator Tully,
10 Senate Print 4111, an act to amend Chapter 521
11 of the Laws of 1994.
12 ACTING PRESIDENT KUHL: Senator
13 Tully.
14 SENATOR TULLY: Yes, Mr.
15 President. I now move to reconsider the vote by
16 which this bill was passed.
17 ACTING PRESIDENT KUHL: Secretary
18 will call the roll on reconsideration.
19 (The Secretary called the roll on
20 reconsideration.)
21 THE SECRETARY: Ayes 57.
22 ACTING PRESIDENT KUHL: Senator
23 Tully.
24 SENATOR TULLY: Mr. President, I
25 now offer the following amendments.
5813
1 ACTING PRESIDENT KUHL:
2 Amendments received and adopted.
3 Senator Tully.
4 SENATOR TULLY: Mr. President, on
5 page 43, I offer the following amendments to
6 Calendar Number 495, on behalf of Senator
7 Hannon, Senate Print 3000-B, and ask that said
8 bill retain its place on the Third Reading
9 Calendar.
10 ACTING PRESIDENT KUHL:
11 Amendments to Calendar Number 495 are received
12 and adopted. The bill will retain its place on
13 the Third Reading Calendar.
14 SENATOR PATERSON: Mr. President,
15 may I have unanimous consent to be recorded in
16 the negative on Calendar Number 1193.
17 ACTING PRESIDENT KUHL: Senator
18 Paterson, you wish to request -- wish to have
19 unanimous consent to be recorded in the negative
20 on Calendar Number 1193?
21 SENATOR PATERSON: Yes.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator
24 Paterson will be recorded in the negative on
25 Calendar Number 1193.
5814
1 Senator DeFrancisco.
2 SENATOR DeFRANCISCO: I request
3 unanimous consent to be recorded in the negative
4 on Calendar Number 454.
5 ACTING PRESIDENT KUHL: Without
6 objection, hearing no objection, Senator
7 DeFrancisco will be recorded in the negative on
8 Calendar Number 454.
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: Request
11 unanimous consent to be recorded in the negative
12 on Calendar Number 1193.
13 ACTING PRESIDENT KUHL: Without
14 objection, hearing no objection, Senator
15 Oppenheimer will be recorded in the negative on
16 Calendar Number 1193.
17 Senator Hoffmann.
18 SENATOR HOFFMANN: I would
19 request unanimous consent, Mr. President, to be
20 recorded in the negative on Calendar Number
21 1193.
22 ACTING PRESIDENT KUHL: Without
23 objection, hearing no objection, Senator
24 Hoffmann will be recorded in the negative on
25 Calendar Number 1193.
5815
1 Is there any other Senator
2 wishing to record a vote that hasn't previously
3 recorded, or was recorded wrongly? Hearing none,
4 Senator, that completes the housekeeping,
5 Senator Skelos.
6 SENATOR SKELOS: There being no
7 further business, I move we adjourn until
8 Tuesday, June 24th at 1:30.
9 ACTING PRESIDENT KUHL: Without
10 objection, the Senate stands adjourned until
11 tomorrow, Tuesday, June 24th, note the time
12 change, 1:30 p.m.
13 (Whereupon at 5:43 p.m., the
14 Senate adjourned.)
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