Regular Session - February 22, 1999
485
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 22, 1999
3:05 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask that everyone present please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by Rabbi Nate Segal from
New Springville Jewish Center Congregation.
RABBI SEGAL: Our Father in
Heaven, we invoke Your blessings upon this
august body. May it be guided by Your
commandments and teachings.
We are told in the Book of Genesis
that God destroyed the world with a flood.
After the flood, Noah sent out a dove to see
how much the waters receded. The dove returns
with a leaf in its mouth. The rabbis ask, "If
the world was destroyed, where was the tree
that the leaf came from?" Our rabbi's answer,
"That the leaf was from a tree that was
growing in the Garden of Eden, in Paradise."
And the message that the Almighty
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was giving to Noah was that the world that was
just destroyed was corrupt, the world that
Noah was about to rebuild can be a paradise.
May Lieutenant Governor Mary
Donohue and the New York State Senate, under
the leadership of the Honorable Joseph Bruno,
President Pro Tem, Minority Leader, the
Honorable Martin Connor, never stop dreaming
about this ultimate goal. It inspires you,
our esteemed legislators to work tirelessly
towards its realization, bringing us a little
piece of paradise in a place we call New York
State.
May God bless this body with the
courage and strength you need to be successful
in this monumental task.
May the spirit of God prevail on
this house forever and ever. Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate, Friday
February 19. The Senate met pursuant to
adjournment. The Journal of Thursday,
February 18, was read and approved. On
motion, Senate adjourned.
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THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator
DeFrancisco, from the Committee on Tourism,
Recreation and Sports Development, reports:
Senate Print 1148, by Senator
DeFrancisco, an act to amend the Parks,
Recreation and Historic Preservation Law; and
Senate Print 1153, by Senator
DeFrancisco, an act to amend the Parks,
Recreation and Historic Preservation Law.
Both bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
State officers.
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Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Yes, Madam
President, on page number 9, I offer the
following amendments to Calendar Number 98,
Senate Print 587, and ask that said bill
retains its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received, Senator Skelos, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Madam
President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On page number 12, I offer the
following amendments to Calendar Number 130,
Senate Print Number 821, and ask that said
bill retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received, Senator Marcellino, and the bill
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will retain its place at Third Reading
Calendar.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk. I would ask the title
be read and -- by Senator Holland -- and moved
for its immediate passage.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Holland, Legislative Resolution 409,
commending the New York State Association of
Renewal and Housing Officials upon the
occasion of its annual breakfast and
Affordable Housing Day in Albany, New York on
Tuesday, February 23, 1999.
THE PRESIDENT: On the
resolution, all those this favor, please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
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Senator Bruno.
SENATOR BRUNO: Madam President,
can we return to reports of standing
committees.
THE PRESIDENT: Yes. We will so
return.
The Secretary will read.
THE SECRETARY: Senator Hoffmann,
from the Committee on Agriculture, reports the
following bills:
Senate Print 697, by Senator
Nozzolio, an act to amend the Agriculture and
Markets Law;
Senate Print 1888, by Senator
Padavan, an act to amend the Agriculture and
Markets Law; and
Senate Print 2160, by Senator
Hoffmann, an act to amend the Agriculture and
Markets Law.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
At this time, may we please have
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the non-controversial reading of the calendar.
The Secretary will read.
Thank you, Senator Bruno.
THE SECRETARY: Calendar Number
7, by Senator Volker, Senate Print 103, an act
to amend the Penal Law in relation to
loitering and the unauthorized boarding of
school buses.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
38, by Senator Fuschillo, Senate Print 561, an
act to amend the Vehicle and Traffic Law in
relation to requiring certain information on
disabled children.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 46.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
39, by Senator Fuschillo, Senate Print 562A,
an act to -
SENATOR PATERSON: Lay that
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
40, by Senator Goodman, Senate Print 790, and
act to amend the Vehicle and Traffic Law in
relation to restricting bus drivers from
working with suspended licenses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
41, by Senator Johnson, Senate Print 864, an
act to amend the Vehicle and Traffic Law in
relation to vehicle registrations of motor
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carriers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
42, by Senator Bruno, Senate Print 908, an act
to amend the Vehicle and Traffic Law in
relation to the disqualification of a bus
driver in certain instances.
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside, Senator Paterson.
THE SECRETARY: Calendar Number
43, by Senator Bruno, Senate Print 909, an act
to amend the Vehicle and Traffic Law in
relation to making additional provisions to
enhance the safe operation of school buses.
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THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9, this
act shall take effect on the 1st day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
46, by Senator Skelos, Senate Print 1020, an
act to amend the Vehicle and Traffic Law in
relation to requiring school bus drivers to
ensure all passengers have left the bus prior
to exiting.
SENATOR PATERSON: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
47, by Senator Trunzo, Senate Print 1076A, an
act to amend the Vehicle and Traffic Law in
relation to increasing penalties on motor
carriers for violations.
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THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect in 90 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
passed.
Senator Bruno, that completes the
non-controversial reading of the calendar.
SENATOR BRUNO: Thank you, Madam
President.
Can we at this time take up the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
7, by Senator Volker, Senate Print 103, an act
to amend the Penal Law in relation to
loitering and the unauthorized boarding of
school buses.
THE PRESIDENT: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: On the
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bill, Madam President.
I think that the provisions of this
bill, as I understand them, S103, are -
provides an excellent example of updating and
modifying our laws to deal with real public
safety problems.
I would urge that we undertake a
similar effort on a bill that has now has
still to see the light of day in the Codes
Committee, and I urge the fine chairman of the
Codes Committee and our distinguished Majority
Leader that we do take up the issue of the
clinic access bill before the seven weeks
expire and Operation Rescue descends again on
Buffalo and Rochester. Updating and modifying
the laws as is done here for school bus safety
is a critical part of our roll. We have a
pressing need. And I once again urge that we
take this up as soon as possible in the Codes
Committee.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3, this
act shall take effect on the 1st day of
November.
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THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
39, by Senator Fuschillo, Senate Print 562A,
an act to amend the Vehicle and Traffic Law in
relation to criminal history checks on school
bus attendants.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator
Fuschillo, an explanation has been requested.
SENATOR FUSCHILLO: Madam
President, current law gives school districts
the option to have criminal background checks.
The laws of 1985 passed by this Legislature
and signed into law required criminal
background checks for school bus drivers and
gave the school districts the option for
school bus attendants. I believe it was an
oversight. In most cases, school bus
attendants have more direct contact with the
children on the bus.
This bill would further insure the
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safety of the children that we transport.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, do you think it would be possible
that the most distinguished Senator from Long
Island would yield for a question?
THE PRESIDENT: The most
distinguished Senator from Long Island, do you
yield?
SENATOR FUSCHILLO: Because he
phrased it that way, yes, I do, Madam
President.
THE PRESIDENT: Senator Paterson,
you may proceed.
SENATOR PATERSON: Senator -
SENATOR FUSCHILLO: Senator
Paterson, were you talking about me or Senator
Skelos?
SENATOR PATERSON: Oh, I couldn't
make a choice with the type of work, the
competitive work that both of you do. But in
this case, since it's your bill, I thought I'd
ask you the question.
A number of the members on this
side of the aisle have raised the subject when
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we've conferenced on this bill as to the
necessity that the applicant pay the fee for
the background checks in this particular
situation. Perhaps, to some applicants,
particularly those that might not be employed,
the question is whether or not the fee would
actually serve to preempt their participation
in being a candidate to work as a bus driver.
SENATOR FUSCHILLO: No, I don't
think so, Senator Paterson. As I mentioned,
this, the law on the books since 1985 required
this for school bus drivers. Most school
districts in the State of New York, based on
the research that we have done, are also
already requiring this for school bus
attendants. So, in answer to your question,
no, I don't think so.
I think what we have to look at
here, Senator Paterson, is that, you know,
myself, even as a parent, and many people here
and parents throughout the state, we want to
know that once our child gets on that bus and
is entrusted to the school bus driver or the
school bus attendants that would he know that
that's a safe haven for the child.
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SENATOR PATERSON: Thank you,
Senator. As usual, I'm persuaded by your
answers and your effort, and so, as I did last
year, I'll vote for the bill.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50. Nays 2.
Senators Duane and Smith recorded
in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
42, by Senator Bruno, Senate Print 908, an act
to amend the Vehicle and Traffic Law in
relation to the disqualification of a bus
driver in certain instances.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Bruno, an
explanation has been requested.
SENATOR BRUNO: Thank you, Madam
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President.
Madam President and colleagues,
this is a bill that we passed last year, and
in this house it passed 57 to 4, and in the
previous year it passed unanimously. So I
think those of you that were here last year
and the year before are somewhat familiar with
the necessity of this bill becoming law.
And, basically, what it does is
build on a federal law for random testing of
bus drivers for alcohol or drugs. And with
the federal law, there is no way that a school
district, even if someone is tested positive,
can take that driver's license. So that,
bottom line, what this bill does, if you are
found under the influence of drugs or alcohol
through the random testing -- and, as you
know, you know that the federal law states
that a specimen is taken from the person who
is found to be under the influence separated
into two parts. And the test is done on one
part, because the question always gets to be,
"How do you take someone's license? You might
be doing it in an inadvertent way when the
person really wasn't guilty." Well, if you
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take the specimen into two parts and a test is
performed on one, if it's found to be
positive, then the second part is put through
another even more sophisticated test. And if
that is found to be positive, then the
individual is notified. If the individual
insists, then another test can be taken. If
that test is positive, then the person who is
in charge is notified and the person then can
lose that person's license because the school
district will report the findings to motor
vehicle and motor vehicle will revoke the
license. And that's what's different about
this bill.
The federal law allows the
collective bargaining of school districts to
keep drivers in place. In my district, in
Shenendehowa, a driver was found under the
influence. Because of the collective
bargaining agreement, it was a short time
later the bar-- right back behind the wheel,
transporting young people under the influence
and found again -- (noise in the speaker
system). That's the opposition to this bill.
But we're going to overcome that opposition,
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Madam President, and go forward.
You didn't do that Madam President.
No.
THE PRESIDENT: No, certainly
not, Senator.
SENATOR BRUNO: No. Thank you.
But, this is, this is serious
legislation. And, as I mentioned, we've done
this two years before. This year it has to
become law because too many drivers, there are
too many tragedies out there. And these are
our young people who are entrusted to people
who drive buses.
There are a hundred thirty thousand
people driving buses in this state,
transporting two million children every day.
Six hundred nineteen youngsters were injured
last year and killed. We've heard some
tragic, tragic occurrences early in January of
this year where a six-year-old, beautiful
young lady was killed by a bus driver who ran
over the child after the child got off the
bus. And we've had instances where, just
inadvertently, people who are under the
influence have done things like leaving people
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on buses where they could have been hurt or
worse. And it's got to stop. So this is the
year that we are going to do everything that
we can in this chamber to make sure that the
nine bills that are being passed here in the
Senate today will pass the Assembly, where
they haven't passed previously, and become
law.
So I'm asking my colleagues in this
chamber that support this legislation, to give
us your support over in the Assembly, to talk
to your colleagues there, many of them on the
other side of the aisle from where I am, to
pass this legislation and help us make it law.
Thank you very much.
THE PRESIDENT: Thank you,
Senator. I believe that was your five
minutes.
SENATOR BRUNO: Thank you.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. Would the Majority Leader
yield for some questions related to this bill?
THE PRESIDENT: Senator Bruno, do
you yield?
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SENATOR BRUNO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: First of all,
I don't think that -- there may have been a
few individuals who voted against the
legislation as it was constructed, but there's
no one in this chamber that does not recognize
the necessity that there be lawmaking on this
particular issue. It is without question that
there has to be greater protection for young
people who are being transported back and
forth from school. And I've always gotten up
and said that before, Senator Bruno, but in
New York City, particularly in the latter
three months of last year, there were a rash
of situations where young children were left
on buses and either fell asleep or weren't
noticed by the vehicle driver and woke up
hours later. In one case, a small child was,
still had the seat belt on and couldn't get
out of the vehicle for over a day. These are
very sad circumstances. One of them was my
daughter. So I think that while I have had
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this kind of understanding of the issue, I
don't think I could empathize with the feeling
any greater than I have in the past few
months.
In spite of that fact, there is,
there has not been the ability to pass this
legislation in both houses and perhaps the
discussion that we have today might shed a
greater light on the issue that would provide
those of us on this side of the aisle with
what would be the information and the data
that we would need to persuade our colleagues.
Therefore, if the Senator has
yield, my question, Madam President, is that
where the federal government provides for two
tests of the specimen, I don't see in the
legislation where there is the provision for
the second test. What I see is that there are
two specimens that come from the same, from
the same reading -- which is what I think the
medical term -- and then, if one of them tests
positive, they test the other, they test them
from different laboratories. That would
certainly establish the integrity of the
laboratory tests, since we're using two
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different laboratories on the same specimen.
However, there's even an individual
situation where a former senator, at a certain
point, was tested, and because of the
consumption of poppy seeds, it registered a
false positive. And regardless of how many
specimens there had been and how many
laboratories that had tested it, there would
have been a false positive not because of the
integrity of the laboratory but because of the
nature of the substance that was allowing for
the reading to be positive.
So, my question simply is, Senator,
would it be more foresighted to engender the
kind of support that would make this law, so
that we don't have to have this discussion
every year, to put into the legislation an
allowance for a second test?
SENATOR BRUNO: Senator, I
appreciate your concern and I also appreciate
your support for this legislation, and I know
you voted for it last year with some concern.
The federal law is rather clear,
and I would mention that, if there's any
question on an individual's right for due
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process, we don't interfere with that in any
way. If an individual wasn't content with the
findings, they could take remedy through the
courts because we don't touch that in any way.
So that remedy is still there through the
court process.
As relates to the poppy seed
incident, if that had been related with a
positive test to the individuals that were
monitoring the situation, that could be taken
into consideration. And if the person that
had been accused could prove that that was of
consequence, or even some prescription
medication that they might have taken could
have been of some consequence in the testing,
that would be taken under consideration and it
could negate the entire process and they would
be held harmless. So we think that there's
adequate safeguards.
We can't change the federal law, so
that if you felt that the federal laws should
be changed, I would contact Senator Schumer
immediately and employ him to introduce
legislation to initiate the process. I think
you're related.
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SENATOR PATERSON: Thank you.
Actually, we'll wait for
Mrs. Clinton, Senator.
(Laughter.)
THE PRESIDENT: Senator Paterson,
are you on the bill now?
SENATOR PATERSON: No, I wasn't
even on the subject, Madam President.
But if the Senator would yield for
another question.
THE PRESIDENT: Senator, do you
yield?
SENATOR BRUNO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: What I don't
understand, Senator, is there anything in the
federal regulations now that allow for a
second test?
SENATOR BRUNO: Well, it's my
understanding that the federal law is very
clear that you separate the specimen into two
parts and that there are -- if one part is
tested to be positive, then the other part,
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the second part is tested before the
individual is accused or, or convicted of
anything. And that test is even more
sophisticated than the first test. So there
are two tests, two parts, totally separate,
different laboratories. So we think that all
of the safety that's necessary has been built
into the federal law.
Now, Senator, you can appreciate
that if a person is randomly tested for drugs
and found to be under the influence of alcohol
or drugs, that the reason for taking the two
separate parcels from the same specimen is
time, because after a person sleeps it off for
a couple days, if they were to require another
test and you took a specimen days later or
weeks later, it would be totally inappropriate
and, of course, inconclusive. So that's what
the federal law deals with and that's what we
deal with.
SENATOR PATERSON: Thank you,
Senator.
All right, Madam President, I'll
leave Hillary. I'll be on bill now, on the
bill.
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I think that what we have got to
consider when this legislation comes before us
is the value of protection, and I think that
that should be favored over the distinction as
to what the federal law allows and what it
does not. There are many who feel the way
Senator Bruno just described, which is that
the federal law, in a sense, establishes very
clear regulations that allow for the two
specimen tests which really comes from one
apparent reading. There are others who feel
that the federal law preempts itself and does
not overreach into the state law and makes it
very specific what the test should be for
federal employees. We'll leave to the United
States Senators and House of Representative
members, whoever they may be, to determine
that, because it's something that we've
discussed here for a few years and I honestly
don't know what the answer is. It's, in a
sense, where I might differ from Senator
Bruno. I just think it's almost vague on the
subject but inconsequential to this
discussion.
The fact is that we do have school
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children in this state who need to be afforded
greater protection. Some of the tragic
examples that were pointed out earlier are
really just indicia that compel us to act.
And so, therefore, I think that it would be
probably more prudent to pass this legislation
but to hope that a clear determination will be
made as to what is preemptive and what the
federal law actually establishes so that some
point very soon in both houses we can come to
some agreement in a measure that will add
greater protection to young people who are
being transported so that they can receive an
education.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Manula.
SENATOR NANULA: Nanula, Madam
President. Thank you.
THE PRESIDENT: Nanula. Excuse
me.
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SENATOR NANULA: One letter off.
You were close.
To explain my vote.
Senator Bruno these bills have been
introduced in years past and I have supported
them along with many members of our
conference, but I have a bill in front of me,
Senate Bill 958, which is the seat belt bill
for school buses, and we have not seen that
bill at this floor, and I think it's an
important bill. I believe it's a bill that
supports both philosophically and practically
the agenda that, quite frankly, the Republican
majority in this house has been promoting.
And, as well, I have here an article from the
Daily News, one of your counterparts speaking
in a partisan sense, Councilman Steve Fiella
supports this, this effort in the city.
And for the record, New York is one
of only 10 states that allows kids to stand on
routine bus trips. Clearly, within the
context of a real discussion about school bus
safety, I personally can't understand why
we're not having a real discussion and some
leadership on the issue of seat belts for our
515
school buses.
And I mainly wanted to go on the
record, Madam President, on this floor to make
that statement.
Again, I plan to support the bill.
Thank you.
THE PRESIDENT: Senator, how do
you vote?
SENATOR NANULO: Yes.
THE PRESIDENT: All right.
Proceed with calling the role.
THE SECRETARY: Those recorded in
the negative on Calendar Number 42 are
Senators Duane, Montgomery, Santiago and
Smith, also Senator Schneiderman.
Ayes 50. Nays 5.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
46, by Senator Skelos, Senate Print 1020, an
act to amend the Vehicle and Traffic Law in
relation to requiring school bus drivers to
insure all passengers have left the bus prior
to exiting.
SENATOR PATERSON: Explanation.
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THE PRESIDENT: An explanation
has been requested, Senator Skelos.
SENATOR SKELOS: Madam President,
this bill would require a bus driver on the
completion of their route to go walk to the
back of the bus, make sure that there are no
students left on the bus, either sleeping,
under the seat, as has occurred on many
instances, and then affix a sign on the back
window which says "no one on board."
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam
President, would the sponsor yield to a couple
of questions, please?
THE PRESIDENT: Senator Skelos,
do you yield?
SENATOR SKELOS: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I was hoping that
the sponsor could tell me what enforcement
provisions are contained in this legislation.
SENATOR SKELOS: If you want to
add a criminal penalty, I'd be happy to do it,
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but we thought that this legislation would
basically require the bus drivers to do this.
And if there's a reoccurrence of them not
doing it, I assume the bus company would,
would fire them.
SENATOR DUANE: My second
question, Madam President, on the bill.
ACTING PRESIDENT NOZZOLIO: Will
Senator Skelos continue to yield?
SENATOR SKELOS: Yes.
ACTING PRESIDENT NOZZOLIO: The
Senator continues to yield.
SENATOR DUANE: My understanding
is that the State Commissioner, the
Commissioner of Transportation, can promulgate
regulations regarding how it is that the sign
would be posted, but I'm concerned that the
purpose of the bill, which is laudable, is not
fulfilled in that in a terrible circumstance,
a driver could affix the sign, thereby
compounding the problem which, in fact, we're
trying to address in this legislation. And I
was wondering if the sponsor had taken that
into account with the legislation.
SENATOR SKELOS: There are many
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things that I've taken into account, but I
just think it's common sense thing, walk to
the back, check, put the sign up, and then
leave the bus. It's just another step that a
bus driver would have to take to assure that
there's nobody left on the bus.
There are some school districts,
for example, my own home village of Rockville
Center, that, when the bus turns off the key,
if they do not go to the back of the bus and
press a button, alarms will go off within 30
seconds. That will be more costly, but,
certainly, school districts could do it. And
it's permitted in this legislation.
However, I think this is just an
inexpensive way, you put a $4 sign on the back
of the window and it would just add for a
little more safety.
SENATOR DUANE: On the bill -
THE PRESIDENT: Senator Duane -
SENATOR DUANE: -- Madam
President.
THE PRESIDENT: -- on the bill.
SENATOR DUANE: I don't want to
give parents a false sense of security and I
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think that human error could still make it so
that, even while the driver went to the back
of the bus to affix this sign, that a child
could still be under a seat or in some, hidden
some way which would make, perhaps, a bad
situation potentially deadly.
And based on that, I plan on, on
casting my vote in the negative.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the 1st day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54. Nays 1.
Senator Duane recorded in the
negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe that completes the calendar.
Would you please recognize Senator
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Montgomery?
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes. Thank
you. Madam President, I would like unanimous
consent to be recorded in the negative on
Calendar Number 39.
SENATOR PATERSON: No objection.
THE PRESIDENT: Without
objection, so ordered.
SENATOR MONTGOMERY: Thank you.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there is not,
Senator.
SENATOR SKELOS: On behalf of
Senator Bruno, I offer up the following
committee assignment changes and ask that they
be filed in the Journal.
THE PRESIDENT: Notice will be
filed in the Journal.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until Tuesday, February 23rd, at 3
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p.m.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Tuesday,
February 23rd, 3 p.m.
(Whereupon, at 3:41 p.m., Senate
adjourned.)