Regular Session - June 2, 1999
3449
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 2, 1999
3:07 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone please rise and
repeat with me the Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, I ask everyone to please
bow their head in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 1st, the Senate met pursuant to
adjournment. The Journal of Sunday, May 30th,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
3451
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, offers up the
following nominations:
As a Judge of the Court of Claims,
Susan Phillips Read, of West Sand Lake.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you,
Mr. President.
It's with great pleasure that I
rise to move the nomination of Susan Phillips
Read, of West Sand Lake, to succeed herself as
the Judge of the Court of Claims. Judge Read
appeared before us last year, she appeared
before us this year. And on both occasions,
her credentials were examined by the staff of
the Judiciary Committee, were found to be
extraordinary. She appeared before the
committee this morning and was unanimously
moved to the floor for purposes of the
confirmation.
And it's with great respect that I
turn to Senator Bruno for purposes of a
3452
second.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you,
Mr. President. Thank you, Senator Lack.
I'm very pleased to be able to rise
on behalf of Susan Read, a constituent of mine
and a constituent that I am mighty proud of.
She excelled from the time she was at the
University of Chicago Law School as a
prizewinning scholar. She excelled when she
was in public service with the Governor as a
deputy counsel for several years. And there
were questions on whether or not the
administration could go forward when Susan
left. But they have. And they have done that
in an exemplary way.
Susan has been on the bench for
this past year. She has been in private law
practice, she has been a corporate attorney.
And in all of those things, as Senator Lack
indicated, she excels.
So on behalf of the people that we
all represent in this chamber, I know we will
have unanimous consent in approving the
3453
reappointment of Susan Read to the Court of
Claims. And I am informed that the Governor,
in his great wisdom -- Susan was an integral
part of that Administration, and all the good
things that have happened in this state under
the governor's able leadership -- that he is
going to appoint Judge Susan Read as Presiding
Judge of the Court of Claims.
So I am proud to second the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Susan
Phillips Read as a Judge of the New York State
Court of Claims. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Susan
Phillips Read is hereby confirmed as a Judge
of the New York State Court of Claims.
We're pleased to have Judge Read in
the chamber with us today, and she's joined by
her husband, Howard.
3454
Judge Read, on behalf of the
Senate, as Temporary President, I wish you
good luck and Godspeed with your important
duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a Justice of
the Supreme Court for the Tenth Judicial
District, Anthony F. Marano, of Valley Stream.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you,
Mr. President.
I rise to move the nomination of
Anthony F. Marano, of Valley Stream, who has
been nominated by the Governor to be a Justice
of the Supreme Court of the Tenth Judicial
District.
Judge Marano's credentials were
examined by the committee, they were found to
be extraordinary. He appeared before the
committee this morning. By unanimous vote of
the committee, he was sent to the floor for
confirmation this afternoon.
3455
And I'm very privileged to yield,
for purposes of a seconding, to Senator
Skelos.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Thank you very
much, Mr. President, and Senator Lack.
I appreciate the Judiciary
Committee for moving this nomination to the
floor, and of course to the Governor for
making the nomination.
I've known Judge Marano for a long
time. He has been a very good friend to me
over the years, a good friend to my brother
Peter, who is presently on the Supreme Court,
the bench which Anthony is going to join
today.
He has a great experience as a
district court judge, as practicing attorney
for a number of years, where he has always
given his best in representing his client, and
I know as a judge of the district court has
represented everybody fairly, has treated
attorneys with respect -- and from comments
that he made at the Judiciary Committee
3456
meetings, I know that Senator Dollinger picked
up on it, in terms of his priority is making
everybody feel, whether they win or lose when
they appear in court, that they have received
justice. And that's really what our judicial
system is about.
He graduated St. John's University,
which makes Senator Balboni happy. He didn't
go to Fordham Law School, which is
unfortunate. We all can't be perfect. But he
did graduate from St. John's University School
of Law.
He's here with his wife, Rosalie;
his mother, Marie; children, Stacy and
Victoria.
And, Judge, from myself and all of
us, we're delighted on your confirmation
today, and we wish you the best.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
I rise as a member of this body who actually
has had the opportunity to appear before Judge
Marano on several occasions.
And the court that he currently
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presides in is a court where not always the
best scenes are played out. It is a difficult
court. It is the District Court of Nassau
County. It is a court where you have
landlord-tenant matters, you have civil
claims, you have criminal claims, you have a
great deal of DWI actions brought. And
oftentimes, as I mentioned in the Judiciary
Committee, you have families who come into
court with screaming children, you have very
agitated individuals, and you have attorneys
trying to make a living trying to protect
their clients.
It is essential that you have
someone of the proper demeanor, someone who at
once is both respectful, judicious, but at the
same time compassionate and can understand
that these are real people, not just numbers
on a docket. Judge Marano has been able to
tread that very fine line with excellence. He
is a qualified judge not only in terms of his
experience, his intellect, and his ability but
also in his manner towards people and his
understanding of the human condition.
He is going to make an excellent
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addition to the Supreme Court bench, and I
look forward to many great years of Judge
Anthony Marano as a Justice of the Supreme
Court.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
I did not go to St. John's Law
School or to Fordham Law School. I went to
NYU. The -- not a law school. The first time
I met Judge Marano was when he was -- before
he became a judge. It was on a campaign
trail. He was running for the office of
district court, and I was running for another
office -- the result of that election we won't
get into.
But Judge Marano was successful.
And during that time I got to know the
gentleman. And that's a good word for him.
He is truly a gentleman. He's a fine person
and he's a caring person, and the district
court has been well served by his presence.
And in his next step, the higher
3459
court will be just as well served and the
people of this state will be even better
served.
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Mr. President, I
just want to add my recommendation to this
body for the confirmation of Justice Marano.
He is a very fine, intelligent
lawyer -- good logic, good reasoning, a hard
worker. And I can't think of a more fitting
addition to our bench. And I'm sure the
people in our state and our county will be
well served by him.
Thank you.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you
very much, Mr. President.
I just want to rise with my
colleagues from Nassau County and proudly
second the nomination of Judge Anthony Marano.
I think Senator Marcellino said it best. To
know him, he's a true gentleman. But most
importantly, and my colleagues in the Senate
3460
will appreciate this, he's from Nassau County,
which means he's a great person.
And I want to commend the Governor
on his recommendation. And I salute you,
Judge Marano. You've served the district
court with both pride and distinction. I know
you'll be a credit and an asset to the Supreme
Court. Best of luck to you.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Anthony F.
Marano as Justice of the Supreme Court for the
Tenth Judicial District. All in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Anthony
F. Marano is hereby confirmed as a Justice of
the Supreme Court.
Justice Marano is with us today in
the gallery, and he's accompanied by his wife,
Rosalie; his mother, Marie; and by his
daughters, Stacy and Victoria.
Justice Marano, on behalf of the
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Senate, congratulations and good luck with
your duties, sir.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: As a Judge of the
Family Court for the County of Warren, J.
Timothy Breen, of Glens Falls.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you,
Mr. President.
I rise once again to move the
nomination of J. Timothy Breen, of Glens
Falls, who has been nominated by the Governor
to be a Judge of the Family Court for the
County of Warren. Mr. Breen's credentials
have been examined by the committee. They've
been found to be in order. He appeared before
the committee this morning, was unanimously
moved from the committee to the floor.
And it is with great pride that I
yield for purposes of a second to Senator
Stafford.
ACTING PRESIDENT MEIER: Senator
3462
Stafford.
SENATOR STAFFORD: Thank you,
Senator Lack.
Mr. President, this is a great day
for the County of Warren, the home county of
our leader. And I also want to mention -
want to mention these fine judges, all of
them. But I want to second what has been said
about both of them.
And as the leader mentioned, those
of us who have worked with Judge Read
understand just the tremendous job she has
done and she will be doing. And of course,
when you're from Nassau, there's -- you know,
there's -- it's just a foregone conclusion,
and I mean that.
We have a tremendous candidate from
Warren County to be the county judge. And,
Mr. President, it's just so -- it's so good to
have the Governor appoint professionals. And
Tim Read has been a hearing officer in the
Family Court for 15 years.
And I would mention this, too. In
this day and age when we're complaining about
so much, and of course the judiciary is not
3463
excluded, the hearing officer process has
worked very well. And it's because of people
like Tim Read, who are professionals -- Tim
Breen, excuse me. But both names are very
good.
But Tim Breen, who is a
professional and who has done so well in
fulfilling his responsibilities. He's
practiced law in the private sector. He's
done very, very well. And we're very proud to
have Tim Breen now being our county judge. I
know he'll do a tremendous job. He's here
with his family. And as I say, this is just
another example of a professional being
appointed who will do the job he has done in
the past. And again, I compliment a very,
very fine appointment.
ACTING PRESIDENT MEIER: The
question is on -- Senator Dollinger.
SENATOR DOLLINGER: Mr. President,
thank you.
I just want to follow up Senator
Lack's comments with respect to all three of
these nominees. I think they're all
representative of their communities. I think
3464
they have a good sense of justice. I think
they may have at some point been involved in
something we call the political world, because
of their affiliation with a political party.
But I think all of that is in a testament to
the fact that they have been involved in the
community, that they represent them, and that
the face of justice in New York will be one of
a positive image for the people that come into
these courtrooms.
I addressed all three of them in
the Judiciary Committee. I wish you good luck
and good experiences in your future as judges
from the Democratic side as well.
ACTING PRESIDENT MEIER: The
question is on the confirmation of J. Timothy
Breen, of Glens Falls, as a Judge of the
Family Court of the County of Warren. All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: J.
Timothy Breen is hereby confirmed as a Judge
3465
of the Family Court for the County of Warren.
Judge Breen is with us in the
gallery today. He is joined by his sisters
and brother-in-law, Johanna and Joseph Bak,
Mary Ellen and Frederick Field, by his aunt,
Mary M. Breen, and his niece, Carolyn
Bossinas.
Judge Breen, on behalf of the
Senate, congratulations and good luck with
your new duties, sir.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, offers up the
following nominations:
As members of the New York State
Employment Relations Board, Lloyd Demboski, of
Queensbury, George C. Frost of South Glens
Falls.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
I will turn this over to the Majority Leader.
Anything I would say would deserve little more
3466
than a footnote. But I would say in the
Finance Committee they did -- again, did so
well today. They understood my son left for
Africa for a two-year stint, I was at the
airplane seeing him off. But I got very good
reports.
And with that, Senator Bruno.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Thank you,
Mr. President. Thank you, Senator Stafford.
It's with great pleasure that I
rise and speak on behalf of the reappointment
of Lloyd Demboski. Lloyd and I were neighbors
and friends in the town of Queensbury for a
lot of years. We were, if you can focus on
this, in the Young Republicans together.
Lloyd was my campaign manager when I ran for
president of the New York State Young
Republicans, the most successful campaign in
the whole state.
Lloyd was a financial consultant
for Smith Barney, so he knows how to manage
people and money. But while he was doing
that, he had 37 years in public service, 22
3467
years on the Board of Supervisors. And in
those 22 years, served as 16 years as chair of
all the major committees -- Finance, Rules,
Labor -- and did all of those things in an
outstanding way. He was the New York State
president of the Association of Counties,
where he served the entire constituency of
this state.
Lloyd presently serves on the
Employment -- the New York State -- now, I
have to get this right -- the New York State
Employment Relations Board, and he has served
for several years. He is up to be
reappointed, and I wholeheartedly support his
reappointment and ask my colleagues to join
me.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: When I saw Lloyd
in Saratoga not so long ago, he spoke of his
appointment and he asked if I would say
something nice about him.
And Joe has said almost everything
they could say about you, Lloyd. But I'll
tell you, you have dedicated an awful lot of
3468
your life to public service. We're very proud
of you. And I'm pleased to be one of the many
in here that support your nomination. We wish
you the best.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Lloyd does
vote in my district now, so I've got to stand
up. But let me share with you. My friends,
if you wanted to see two political operatives
35 years ago supporting a guy for the Senate
who didn't know anything -- hasn't changed too
much either -- let me tell you, when you
had -- when you had them on your side -
again, 35 years ago -- you knew that things
were going to hopefully go quite well. And
they did, and I'm most appreciative.
I just want to second what has been
said by Senator Bruno and Senator Farley. It
has been mentioned the years he has put in
this public service and, yes, the years he's
put in the political arena, which isn't all
bad because that's really what this whole
system is all about. We understand it is a
part, but it's a very important part.
3469
And again, this is a tremendous
appointment, as is his colleague with him, and
I certainly want to support, join, them in
supporting my constituent, Lloyd Demboski.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Lloyd
Demboski as a member of the New York State
Employment Relations Board. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Lloyd
Demboski is confirmed as a member of the New
York State Employment Relations Board.
Lloyd, there is life after county
government, isn't there?
Lloyd is here today with his wife,
Marguerite. And we'd ask, Lloyd, that you
please rise and receive the recognition of the
chamber and our best wishes for successful
work on your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
3470
Secretary will read.
THE SECRETARY: As a member of
the New York State Employment Relations Board,
George C. Frost, of South Glens Falls.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Again,
Mr. President, I am happy to rise on behalf of
a good friend, a neighbor, George Frost, who
serves on the Employment Relations Board here
in the state now. George is the retired CEO
and president of Rist-Frost Consulting
Engineers, retired several years ago.
George has had a very active public
life. He is well respected in his profession.
He served as past president of the Consulting
Engineers Council of New York State and past
chairman of the Illuminating Engineering
Society. He's been an active member and is
now a 60-year veteran of the Boy Scouts of
America, and he has helped them throughout the
country. A member of the South Glens Falls
Rotary Club for 43 years. And he has received
more public service awards than I can list and
repeat here.
3471
He is a dedicated, able, capable
public servant. He and his wife, Bea, are
godparents of one of my children, Kenneth.
And one of the best friends, the best
neighbors -- but more important, a great,
great public servant.
Mr. President, I am happy to speak
on behalf of the reappointment and the
confirmation of George Frost.
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: I represented
South Glens Falls and the Town of Moreau
before Joe Bruno took it away from me a few
years ago. But I also rise to second George's
nomination. And again, somebody that has
served his community so well.
I understand you lived in South
Glens Falls, did you not, Joe, after you got
married? Well, never mind. I think he did.
But anyway, George, you've been a
great member of the committee of South Glens
Falls, serving your community so well for so
many years. It's my pleasure to second your
nomination.
3472
ACTING PRESIDENT MEIER: The
question is on the confirmation of George -
I'm sorry, Senator Stafford.
SENATOR STAFFORD: Senator Farley
stood up, so now I have to.
But I can only say that the
tremendous organization that George ran in our
district and the great work he's done, I only
want to second what's been said so effectively
here today by Senator Bruno and Senator
Farley.
ACTING PRESIDENT MEIER: The
question is on the confirmation of George C.
Frost as a member of the New York State
Employment Relations Board. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: George
Frost is confirmed as a member of the New York
State employment relations board.
Mr. Frost is with us in the gallery
today. Would you please stand, Mr. Frost, so
3473
we can see you and extend to you our
congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the State of New York Housing Finance Agency,
Jerome M. Becker, of New York City.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Jerome C.
Becker as a member of the State of New York
Housing Finance Agency. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Ogdensburg Bridge and Port Authority,
3474
Frederick J. Carter, of Ogdensburg.
SENATOR STAFFORD: Move
confirmation, please.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Frederick
J. Carter as a member of the Ogdensburg Bridge
and Port Authority. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Frederick
J. Carter is confirmed as a member of the
Ogdensburg Bridge and Port Authority.
The Secretary will continue to
read.
THE SECRETARY: As a member,
Board of Visitors of the New York State Home
for Veterans and Their Dependants at Batavia,
R. Stephen Hawley, of Batavia.
SENATOR STAFFORD: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of R. Stephen
3475
Hawley as a member of the Board of Visitors of
the New York State Home for Veterans and Their
Dependents at Batavia. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Reports of select committees.
Communications and reports of state
officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President,
amendments are offered to the following Third
Reading Calendar bills.
On behalf of Senator Marcellino,
page 30, Calendar Number 740, Senate Print
2790B.
On behalf of Senator Seward, page
number 35, Calendar Number 820, Senate Print
4175.
On behalf of Senator Goodman, page
3476
37, Calendar Number 832, Senate Print 3305.
On behalf of Senator Stafford, page
46, Calendar Number 960, Senate Print 5160.
Mr. President, I now move that
these bills retain their place on the order of
the third reading.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bills will retain their place on the Third
Reading Calendar.
SENATOR McGEE: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Thank
you, Senator McGee.
Senator Seward.
SENATOR SEWARD: Yes, I would
like to place a sponsor star on Calendar
Number 968, Senate Print Number 4073.
ACTING PRESIDENT MEIER: Sponsor
star on Calendar 968.
Senator Trunzo.
SENATOR TRUNZO: Mr. President,
please put a sponsor star on Calendar Number
1101, Senate Bill 2674A.
ACTING PRESIDENT MEIER: Place a
3477
sponsor star on Senate Calendar 1101.
Senator McGee.
SENATOR McGEE: Mr. President, on
page number 25, I offer the following
amendments to Calendar Number 634, Senate
Print Number 13, on behalf of Senator Skelos,
and ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MEIER: Amendments
are received and adopted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR McGEE: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Seward.
SENATOR SEWARD: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are. Would you like us to read those?
SENATOR SEWARD: Please.
ACTING PRESIDENT MEIER: Secretary
will read the substitutions.
THE SECRETARY: On page 11,
Senator Velella moves to discharge, from the
3478
Committee on Rules, Assembly Bill 1495A, and
substitute it for the identical third reading,
329.
On page 36, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill 7631A and substitute it for the
identical third reading, 821.
On page 39, Senator Kuhl moves to
discharge, from the Committee on Rules,
Assembly Bill 7901 and substitute it for the
identical third reading, 855.
On page 40, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill 7459 and substitute it for the
identical third reading, 879.
On page 41, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill 1051 and substitute it
for the identical third reading, 884.
On page 41, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill 1269A and substitute it for the
identical third reading, 896.
On page 43, Senator LaValle moves
to discharge, from the Committee on Rules,
3479
Assembly Bill 6421 and substitute it for the
identical third reading, 918.
On page 50, Senator Goodman moves
to discharge, from the Committee on Rules,
Assembly Bill 8337 and substitute it for the
identical third reading, 1023.
On page 51, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill 3713 and substitute it for the
identical third reading, 1034.
On page 52, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill 8212 and substitute it for the
identical third reading, 1043.
On page 52, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill 154A and substitute it for the
identical third reading, 1046.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Seward.
SENATOR SEWARD: Mr. President,
at this time may we please adopt the
Resolution Calendar, with the exception of
Resolutions 1635 and 1642.
3480
ACTING PRESIDENT MEIER: All in
favor of adopting the Resolution Calendar,
with the exception of Resolutions 1635 and
1642, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exceptions, is
adopted.
Senator Seward.
SENATOR SEWARD: Yes,
Mr. President, may we please have Resolution
1635, by Senator Libous, read in its entirety,
and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Libous, Legislative Resolution memorializing
Governor George E. Pataki to proclaim
Wednesday, June 2, 1999, as Legislative
Disability Awareness Day in the State of New
York.
Whereas, The New York State Senate
3481
Select Committee on the Disabled in
conjunction with the New York State Assembly
Task Force on People with Disabilities is
sponsoring the 19th Annual Legislative
Disability Awareness Day;
Whereas, It is the sense of this
Legislative Body that Persons with
Disabilities merit our recognition as they
realize the goals of inclusion and equality in
our communities and society at large;
It is the intent of this
Legislative Body to recognize persons with
disabilities, accentuating, in turn, the
benefit to New York State of their
contributions to our economic, educational and
social growth;
Legislative Disability Awareness
Day so clearly labors for the positive and
salutary definition of the communities of the
State of New York;
Legislative Disability Awareness
Day will conclude with this Legislative Body
considering legislation significant to persons
with disabilities;
Legislative Disability Awareness
3482
Day provides individuals with an opportunity
to acknowledge and understand the legislative
process; now, therefore, be it
Resolved, That this Legislative
Body pause in its deliberations to memorialize
Governor George E. Pataki to proclaim
Wednesday, June 2, 1999, as Legislative
Disability Awareness Day in the State of New
York, fully confident that such procedures
mirrors our shared commitment to the
efflorescence of human dignity; and be it
further
Resolved, that copies of this
resolution, suitably engrossed, be transmitted
to Governor George E. Pataki and selected
representatives of persons with disabilities.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you,
Mr. President and my colleagues.
Today we celebrate in the Capital
the 19th year that we have had Legislative
Disability Awareness Day. And whether it's at
work, sports, the arts, television or stage,
people with disabilities have proven that they
3483
can do anything that someone who does not have
a disability can do.
We've had a number of special
guests at our Legislative Disability Awareness
Day over the years. We've had Miss Deaf New
York. We've had two authors who had Downs
syndrome who wrote a book. We had a U.S. Open
Wheelchair Tennis Champion. We had athletes
from the Special Olympics. And last year, if
you recall, we had an Olympic athlete who had
one leg who was a skier.
There are a number of things that
we try to do on this day each year, but the
biggest thing is to promote the fact that this
body, working in conjunction with our
colleagues in the Assembly and the Governor,
have done a number of good things to help
people with disabilities. But we're only
scratching the surface, Mr. President. We
have so many more things to do.
I'd like to thank my colleagues
today and just mention some of the major
pieces of legislation that have passed this
house, gone on to the Assembly, and been
signed into law by the Governor as we support
3484
and help people with disabilities.
A program for traumatic brain
injury in the Department of Health. At one
time anyone who suffered from traumatic brain
injury was sent out of the state. There were
no services and no care. We moved to pass the
Medicaid waiver bill several years ago, and I
was told this morning that over 700 TBI
victims are now serviced and treated right
here in New York State, where five years ago
every one of those victims were sent out of
the state.
We've strengthened handicapped
parking enforcement, to assure that people
don't violate the law and park where they're
not supposed to, that a handicapped spot is
supposed to be a spot for someone with a
disability, not someone who's in a hurry to
run into a restaurant or to run into a
department store.
We brought the Americans with
Disabilities Act to New York, and we passed
legislation for reasonable accommodations.
Last year we provided tax credits to employers
who hire people with disabilities. And we
3485
have expanded opportunities for people with
hearing impairment.
Mr. President, this body has done a
lot, but we will do more. It is on this day
that we celebrate and we bring awareness to
people that someone who has a disability is no
different than you and I in this chamber.
They are people too. They deserve the same
rights, the same opportunities as we do.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you
very much, Mr. President.
And let me compliment my colleague,
Senator Tom Libous, for sponsoring this
Legislative Disability Awareness Day and his
advocacy for the disabled in the state of New
York.
About a year ago I had the pleasure
of meeting what I characterize as truly a
remarkable woman, Betty Gastelua, who is here
with us in the chamber today. At the tender
age of 13, from a rare virus, she was
partially paralyzed from the waist down. And
at that age, she was truly determined not to
3486
allow her disability to slow her down. She
worked extremely hard to gain her strength and
physical ability back. She graduated from
high school, earned her bachelor's degree,
earned her master's degree in public
administration with a specialty in health
care. She has had a long and successful
career in the health care industry.
Through her determination,
perseverance and independence, she has been
able to do and see all that she had set out to
do -- world-class traveler and a bit of an
adventurist as well. Her hobbies: hot-air
ballooning, white-water rafting, skiing,
parasailing, and horseback riding.
She's dedicated her life to
community service and to her church, where she
has been a member for more than 28 years.
Betty recently founded a program to feed the
homeless. And as a result of that, more than
100 individuals in her community are fed each
month. Betty's motto: "I strongly believe
that people helping people is the way to make
a change."
She's an example of somebody who
3487
has made a change in our society and our
state; most recently, through the Miss
Wheelchair America program, a program to
select the most accomplished and articulate
spokesperson for the more than 50 million
individuals with disabilities. I am proud to
introduce to my colleagues Ms. Wheelchair New
York, Betty Gastelua.
(Applause.)
SENATOR LIBOUS: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
Senator Seward.
SENATOR SEWARD: Mr. President,
may we please have Resolution 1642, also by
Senator Libous, read in its entirety and move
for its immediate adoption.
3488
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Libous, Legislative Resolution commending
Henry Holden upon the occasion of his
participation in Legislative Disability
Awareness Day as Guest Speaker, June 2, 1999.
Whereas, Individuals devoted to
improving the quality of life for others,
enabling them to build lives of dignity and
self-worth, are deserving of the highest
praise and recognition;
This Legislative Body is justly
proud to commend Henry Holden upon the
occasion of his participation in Legislative
Disability Awareness Day as Guest Speaker to
be held at the State Capitol in Albany, New
York, on Wednesday, June 2, 1999;
Actor, athlete, stand-up comic and
activist Henry Holden contracted polio at the
age of 4 during the 1952 national polio
epidemic;
Henry Holden is the founder of
Performers with disabilities for Screen Actors
Guild, and has been recognized by the Screen
3489
Actors Guild with the prestigious Joseph P.
Riley Award, for always stressing the
importance of including performers with
Disabilities in all forms of entertainment;
Henry Holden is also the recipient
of the very first America Scene Award given by
both Screen Actors Guild and the American
Federation of Television and Radio Artists for
the rock video which he starred in entitled "I
Got News For You";
Henry Holden's TV credits include
T.J. Hooker, After MASH, Hill Street Blues,
Knots Landing, Hunter, Dear John, Duet, Jake
and the Fat Man, Kids Incorporated and Divorce
Court, as well as the critically acclaimed
independent film Misplaced;
Henry Holden's theater credits
include Disabled Genius, Boys Next Door, The
Green Turtle and his own one-man show, For
Want of a Hero, which is about a young
disabled boy who comes to terms with his hero
worship of Franklin Roosevelt;
Henry Holden is the producer of the
award-winning documentary Look Who's Laughing,
which featured six comedians with
3490
disabilities; he also has his own new comedy
act called God Walks On Crutches;
Henry Holden has expressed his
views on inclusion of people with disabilities
on numerous talk shows such as The Phil
Donahue Show, The Today Show, Entertainment
Tonight, as well as local media around the
country; the only state he has not presented
in is Alaska;
Henry Holden's athletic
accomplishments include being a certified
scuba diver, riding at the National Horse Show
at Madison Square Garden, bowling a 198 in
league competition, taking flying lessons both
in a single engine and a glider, and, lastly,
skiing in Colorado, both four track and mono
ski; he has also completed the Los Angeles
marathon, which was 26.2 miles;
This past year, the Association for
the Promotion of Campus Activities selected
Henry Holden as Lecturer of the Year finalist;
Whereas, It is the sense of this
Legislative Body that those who enhance the
well-being and vitality of their community and
have shown a long and sustained commitment to
3491
excellence certainly have earned recognition
and applause; now, therefore, be it
Resolved, That this Legislative
Body pause in its deliberations to commend
Henry Holden upon the occasion of his
participation in Legislative Disability
Awareness Day as Guest Speaker, June 2, 1999;
and it be further
Resolved, That a copy of this
Resolution, suitably engrossed, be transmitted
to Henry Holden.
ACTING PRESIDENT MEIER: Senator
Libous.
SENATOR LIBOUS: Thank you,
Mr. President.
Henry, thank you for joining us
today, and thank you for your remarks earlier
today.
He gave some very moving remarks as
we opened up Legislative Disability Awareness
Day. Henry wears a pin that says "Attitudes
are the real disability." And that's the
philosophy he lives by. Because there are no
disabilities, that it's all in the attitude -
not only in the attitude of the individual but
3492
in the attitude of society. And that's why we
have Legislative Disability Awareness Day, and
that's why Henry joined us, because we're
trying to change those attitudes of society.
He also mentioned to us that he
was -- as he put it, he's here today because
he was fortunate enough to contract polio at
age 4. And he then goes on to tell us how he
has taken a disability and made it a very
positive part of his life as he has talked to
many groups.
And those of you who sit in this
chamber and in the gallery probably recognize
him. And as I said to him earlier, if he
didn't have the beard we would probably
recognize him even quicker. But he did star
on many television shows -- as mentioned,
Knots Landing, T.J. Hooker, Hill Street Blues
and other shows.
Henry shares with us today, through
his accomplishments as read by the Journal
clerk, that having a disability in society is
a very positive thing and that people with
disabilities want opportunity. They want to
be treated like everyone else.
3493
Henry, we were blessed and very
pleased to have you with us today. We are
pleased at the work that you have done
throughout your life in promoting the right
attitude about people with disabilities. And
we hope that we can have you back in our
Capitol again. Thank you for all you've done.
(Applause.)
ACTING PRESIDENT MEIER: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
Senator Seward.
SENATOR SEWARD: Yes,
Mr. President. There will be an immediate
meeting of the Rules Committee in Room 332.
ACTING PRESIDENT MEIER: Immediate
meeting of the Rules Committee in Room 332.
SENATOR SEWARD: And at this time
may we please have the noncontroversial
3494
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
142, by Senator Libous, Senate Print 2102, an
act to amend the Mental Hygiene Law and the
Executive Law, in relation to authorizing
providers of services to the mentally
retarded.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
204, by Senator Libous, Senate Print 2197, an
act to amend the Public Health Law, in
relation to requiring consent for visual
observation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3495
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Libous.
SENATOR LIBOUS: Mr. President,
could I please ask that the resolutions be
opened up for sponsorship by all my colleagues
in this house, please.
ACTING PRESIDENT MEIER: At the
request of the sponsor, the resolution will be
opened up.
Senator Seward, shall we, according
to our usual custom, place every member's name
on unless they inform the desk to the
contrary?
SENATOR SEWARD: Yes.
ACTING PRESIDENT MEIER: Okay.
Well, that's the way we'll do it, then.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
224, by Senator Libous, Senate Print 2101B, an
3496
act to amend the Vehicle and Traffic Law, in
relation to parking spaces for handicapped
persons.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect April 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
609, by Senator Hoffmann, Senate Print 4265,
an act to amend the Agricultural and Markets
Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT MEIER: I'm
sorry, lay the bill aside.
SENATOR PATERSON: Mr.
President -- last -
3497
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Last section,
Mr. President.
ACTING PRESIDENT MEIER: Okay.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
904, by Senator Trunzo, Senate Print 3586, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
3498
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1074, by Senator Libous, Senate Print 3531, an
act to amend the Mental Hygiene Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1092, by Senator Maziarz, Senate Print 810, an
act to amend the Penal Law.
ACTING PRESIDENT MEIER: Read
the -
SENATOR LACHMAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
449, by Senator Padavan, Senate Print 3651, an
3499
act to amend the Real Property Tax Law.
SENATOR LACHMAN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
523, by Senator Stafford, Senate Print 3832,
an act to amend the Executive Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
686, by Senator Bonacic, Senate Print 3905B,
an act to amend Chapter 555 of the laws of
1989.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
885, by Senator Marchi, Senate Print 1180, an
act to amend the Public Authorities Law.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
939, by Senator Skelos, Senate Print 982A, an
3500
act to amend the Public Health Law and the
Education Law.
ACTING PRESIDENT MEIER: Read the
last -
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
958, by the Assembly Committee on Rules,
Assembly Print 8072, an act to amend Chapter
521 of the laws of 1994.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1089, by Senator Alesi, Senate Print 85, an
act to amend the Correction Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on -
SENATOR PATERSON: Lay it aside.
3501
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1090, by Senator Larkin, Senate Print 170, an
act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1091, by Senator DeFrancisco, Senate Print
672, an act to authorize the New York State
Urban Development Corporation.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1093, by Senator Johnson, Senate Print 812, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
3502
THE SECRETARY: Calendar Number
1094, by Senator LaValle, Senate Print 1198,
an act, in relation to the Long Island
Suburban Highway Improvement Program.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Paterson, I'm sorry. Lay
the bill aside.
THE SECRETARY: Calendar Number
1095, by Senator Skelos, Senate Print 1206, an
act to amend the Civil Practice Law and Rules.
SENATOR PATERSON: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1096, by Senator Wright, Senate Print 1226, an
act to amend the Tax Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1098, by Senator Padavan, Senate Print 1993,
an act to amend the Penal Law.
3503
SENATOR MONTGOMERY: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1099, by Senator Marchi, Senate Print 2041, an
act authorizing the City of New York.
SENATOR MONTGOMERY: Lay it
aside.
SENATOR LACHMAN: Lay the bill
aside.
THE SECRETARY: Calendar Number
1100, by Senator Sampson, Senate Print 2348,
an act authorizing the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
I'm sorry. There's a home rule
message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
3504
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1102, by Senator Meier, Senate Print 2825, an
act to authorize the City School District of
the City of Potsdam.
SENATOR PATERSON: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay it
aside for the day.
THE SECRETARY: Calendar Number
1103, by Senator Seward, Senate Print 3175, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1104, by Senator Farley, Senate Print 3237, an
act to amend the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
3505
bill aside.
THE SECRETARY: Calendar Number
1105, by Senator Lack, Senate Print 3250A, an
act to amend the Tax Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1106, by Senator McGee, Senate Print 3327, an
act to amend the Highway Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1107, by Senator Maltese, Senate Print 3525,
an act to amend the Election Law.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SEWARD: Mr. President,
please lay aside 1107 for the day, please.
ACTING PRESIDENT MEIER: Calendar
3506
Number 1107 will be laid aside for the day.
THE SECRETARY: Calendar Number
1108, by Senator Libous, Senate Print 3589A,
an act to amend the -
SENATOR MAZIARZ: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
(Laughter.)
SENATOR PATERSON: I like that
bill.
ACTING PRESIDENT MEIER: Calendar
Number 1110, by Senator Leibell, Senate Print
5328, an act to amend Chapter 338 of the laws
of 1998.
SENATOR PATERSON: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Paterson, have you met
Senator Maziarz?
Senator Seward, that completes the
reading of the noncontroversial calendar.
SENATOR SEWARD: Mr. President,
may we now have the controversial reading of
the calendar.
3507
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
142, by Senator Libous, Senate Print 2102, an
act to amend the Mental Hygiene Law and the
Executive Law.
SENATOR MONTGOMERY: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Libous, an explanation has been requested by
Senator Montgomery of Calendar Number 142.
SENATOR LIBOUS: Thank you, Mr.
President.
The bill would allow service
providers for persons who are mentally
retarded or developmentally disabled to check
criminal backgrounds through the use of
fingerprints and background checks through
DCJS.
An employer wishing to receive
criminal history background information will
submit the written request to DCJS, along with
payment of a $50 fee. DCJS will return the
information directly to the employer, and all
3508
information will be kept confidential for the
employer.
Mr. President, the reason for this
bill, we have been contacted by a number of
service providers -- United Cerebral Palsy
Association, Integrated Council, Long Island
Alliance, NYSARF -- a number of groups have
come to us who have had some tragic stories
about employees that they have hired. And
unfortunately, because they didn't have
background checks available to them like we do
in some other areas, there were some tragic
cases.
For example, a direct care worker
was hired by an agency which then had to
terminate her after finding out, through the
newspaper that she was an employee and had
been convicted five times, including
convictions for violent felonies. And another
incidence where an employee was hired to drive
clients to their programs. The employer
subsequently saw the employee on the America's
Most Wanted television show.
These are just a few examples. We
could trot out many, many more, Mr. President.
3509
But this is the bill that the providers had
come to us. They're deeply concerned.
Because when you're taking care of people who
are disabled, both mentally and physically, we
have to make sure that those people taking
care of them are not people who would put
their lives in danger.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes.
Mr. President, I just have a couple of
questions for the sponsor, Senator Libous.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield to a question?
SENATOR LIBOUS: Certainly.
Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
Libous, in the bill you are requiring
fingerprinting of new employees and
prospective employees, but somehow you exempt
what I believe you refer to as licensed
professionals. Is there any reason for you to
exempt a certain class of employees?
3510
SENATOR LIBOUS: Mr. President,
that's a good question. Senator Montgomery,
those people are licensed by State Education
Department. And if they had criminal
backgrounds, they would lose their license
through State Ed.
SENATOR MONTGOMERY: So in other
words, you're saying to me that they have
already been checked out with DCJS by State
Education and therefore there is no need to do
a fingerprinting of them?
SENATOR LIBOUS: To the best of
my knowledge, Mr. President, Senator
Montgomery, that the State Education
Department will not license anyone with a
criminal background.
SENATOR MONTGOMERY: They also do
a background check of all of -- everyone who
receives a license?
SENATOR LIBOUS: I would assume
that that's the case. But the only direct
point to the question that I can answer is
that they will not license anyone with a
criminal background.
SENATOR MONTGOMERY: Mr. President,
3511
if I may.
In terms of the -- establishing as
some time limit on how quickly a person can be
employed vis-a-vis the return of the
background-check information, does the bill
indemnify the employer if they should hire
someone prior to the background check? And
does the bill also establish that you must
receive a background check within a certain
period of time so that the agency -- the
provider doesn't have to wait for so long, for
an extended period of time, to receive -
before they can hire someone?
SENATOR LIBOUS: Let me just
defer to counsel for a second because I want
to get the Senator an accurate assessment of
that question.
Mr. President, I think I can answer
the Senator's questions. The providers have
said to us that they are comfortable hiring
that person as long as a background check is
pending, because in most cases they need
someone immediately to fill that spot.
And again, Mr. President, through
you to Senator Montgomery, this is something
3512
that we're trying to accommodate them to help
them best serve the clients that they serve.
So that's what they've shared with us, and I
think that they seem to be comfortable with it
at this time.
SENATOR MONTGOMERY: All right.
One last question, Mr. President.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield to another question?
SENATOR LIBOUS: Certainly.
Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: I have not
been able to locate in the bill -- but I
believe you refer to the rights of the
employee to receive information or to be able
to address any possible problem that they may
have in terms of a DCJS record if they are
able to clear up any questionable information
that may arise.
What we do in the event that there
is a delayed amount of time that an employee
can receive information and be able to act
upon it? Is there any protection? In other
3513
words, if a person is waiting for a job and
prior to them having -- being fingerprinted,
they may want to access their own DCJS
records, is there any provision for that in
your bill, that -- can they be temporarily
employed until that takes place, or do you
have any provision for that?
SENATOR LIBOUS: Mr. President,
I'm informed that DCJS has separate
regulations that would provide for the
individual to get that information.
SENATOR MONTGOMERY: So
there's -- this legislation doesn't allow for
any possibility of a person addressing their
own DCJS record before you summarily refuse
them employment?
SENATOR LIBOUS: No, it does not.
SENATOR MONTGOMERY: Okay. Thank
you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you very
much, Mr. President.
Would the sponsor yield to a few
questions, please?
3514
ACTING PRESIDENT MEIER: Senator
Libous, do you yield to a question from
Senator Duane?
SENATOR LIBOUS: Yes, I would,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DUANE: Thank you very
much.
I just was interested earlier when
Senator Libous said that professional
employees would be exempt from this because
the Department of Education would be
responsible for their background checks. I'm
then curious where social workers would fall
into this, since they're not licensed now.
Would they be in the exempt category or would
they be fingerprinted?
SENATOR LIBOUS: Mr. President,
if before the end of session the
LaValle-Libous bill is passed, then they would
be licensed employees, Senator Duane. We're
hoping that we will have that -- very
seriously, we're hoping that that will be
addressed and solved before we leave Albany on
3515
the 16th.
SENATOR DUANE: Mr. President, if
I may just follow up on that.
ACTING PRESIDENT MEIER: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DUANE: That means now
that they would be subject to being
fingerprinted or not fingerprinted as of this
moment in time?
SENATOR LIBOUS: Mr. President,
in direct response to Senator Duane's
question, if indeed this were to become law
before the licensing bill becomes law, then
yes, they would. But once the licensing bill
is put into place, then they would fall under
the Department of Health.
SENATOR DUANE: May I -- would
the sponsor yield to another question?
ACTING PRESIDENT MEIER: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Certainly.
ACTING PRESIDENT MEIER: The
3516
sponsor yields. I'm concerned about the
unfunded-mandate-to-social-service-agencies
aspect of the legislation. And in -- on line
41, it seems to say that the employers are
responsible for paying that fee. Is that
correct?
SENATOR LIBOUS: We would cap
that at $5,000.
SENATOR DUANE: However, is there
any -- if I may follow up on that last
question.
ACTING PRESIDENT MEIER: Senator
Libous, do you continue do yield?
SENATOR LIBOUS: Absolutely.
ACTING PRESIDENT MEIER: Senator
yields.
SENATOR DUANE: Is the employer
responsible -- is the employee responsible for
reimbursing, therefore, the fee?
SENATOR LIBOUS: No,
Mr. President.
SENATOR DUANE: And is there -
if I could have one final question, please.
Actually, I have two questions, but the
first -- may I have two final questions?
3517
SENATOR LIBOUS: Certainly.
SENATOR DUANE: The first would
be whether or not in contracts which the state
would be giving to social service agencies,
whether that fee of up to $5,000 is envisioned
to be something that would be included in
state contracts.
SENATOR LIBOUS: No, it would
not.
SENATOR DUANE: And my final
question would be -- is I'm wondering if you
could tell me the various categories prior to
this where fingerprinting is being required.
For instance, I know persons who are receiving
public assistance are required to, and daycare
and childcare workers are required to. I'm
wondering if the sponsor could tell me some of
the other categories where fingerprinting is
being required.
SENATOR LIBOUS: Mr. President,
through you to Senator Duane. I can give you
the information I have available to me.
Registered security guards, that falls under
the Executive Law. Lottery vendors, under the
Tax Law. School bus drivers. New York City
3518
taxi drivers. And I believe there are some
others, but those are just a few that I have.
SENATOR DUANE: And finally,
Mr. President, I was wondering whether
Senators were envisioned at some point down
the line for being included in the
fingerprinting provisions which we're -
SENATOR LIBOUS: Mr. President,
Senator Libous would not have a problem with
that, but I think that would have to be an
issue that would be discussed in each
conference, I believe.
SENATOR DUANE: Thank you,
Senator.
THE PRESIDENT: Read the last
section.
Senator Schneiderman, excuse me. I
didn't see you.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
to a question.
SENATOR LIBOUS: Sorry, Madam
President.
THE PRESIDENT: Senator Libous,
would you yield for a question?
3519
SENATOR LIBOUS: Yes.
Absolutely, Senator.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Senator,
referring particularly to the section of the
proposed legislation that says that if an
employer chooses to exercise the authority
under this section, such employers shall
request criminal history information pursuant
to this section with respect to every new and
prospective employee.
My question is, is this setting up
a system whereby if an employer wants to
request such information for a single
employee, thereafter the employer must request
such information for every prospective
employee?
SENATOR LIBOUS: Yes.
SENATOR SCHNEIDERMAN: And may I
ask in the first instance, what's the
rationale for that?
SENATOR LIBOUS: Well, Madam
President, I think the rationale is when we
met with the providers, who again came to us
3520
because of their concern, I think it would be
in a sense discriminatory to pick and choose.
SENATOR SCHNEIDERMAN: Madam
President, if the sponsor will continue to
yield.
THE PRESIDENT: Senator Libous,
do you yield for an additional question?
SENATOR LIBOUS: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. My concern with this then
would be that we're essentially creating a
two-tier system of agencies or providers, one
tier of which asks for criminal history
information on every employee and one tier of
which asks for it on no employees, there being
only two categories you can fall into.
And I think in spite of the effort
to perhaps cap fees, I think the
unfunded-mandate aspect of this is a concern.
And has any thought been given to -- or how
would you respond to the concern that we're
setting up a two-tier system where some
employers are not going to ask anyone's
3521
criminal information, as a cost-saving or
other mechanism, and the other category are
going to ask on everyone?
SENATOR LIBOUS: Madam President,
in direct answer to Senator Schneiderman's
questions, it is not a mandate, it is optional
by the agency. And certainly they can make
that determination.
And again, Madam President, we came
up with this legislation after sitting down
with the various groups who service people
with both mental and physical disabilities who
have had some terrifying stories, some
horrible instances that have happened. You
know, very similar to the instances that have
been talked about under Kendra's Law and other
laws that have been brought before the media.
The only difference is these cases
took place in agencies and where employees,
unfortunately, because background checks were
not done, did some terrible things to people
with disabilities. And we're only trying to
provide the proper care for them under this
legislation.
THE PRESIDENT: Senator
3522
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
I just want to say I think there
is -- I realize that everyone has sat down and
tried to work this out. And I think there is
a real serious issue with the burden this
places on agencies. And essentially, what is
created is a financial incentive to opt out of
the system of inquiry altogether.
And I would urge that this be taken
into account and perhaps some reconsideration
be given to this provision of it, because I
think that there is the potential to set up a
situation in which the agencies at issue -
this actually creates a disincentive for
agencies to make these background checks. And
if the intent is to provide for more
background checks, I'm not sure this gets the
job done.
Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
3523
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Montgomery, to explain your vote.
SENATOR MONTGOMERY: Yes, Madam
President. I'm going to explain my vote.
I'm voting no on this legislation.
I think there are a number of issues that
concern me in particular; specifically, the
absence of the possibility of a person to
address his or her record.
And I note with great interest the
most recent issue of DOCS Today where we talk
about all of the wonderful things that inmates
do while they are in prison. I note that they
are printing Braille signs and literature in
order to ensure that we're in compliance with
the Americans with Disabilities Act. I note
that they also build furniture. They have
built furniture to supply a library in a
county upstate, in a small town upstate. They
were the primary people who helped during the
storm and the disaster this past winter. They
make furniture for schools throughout the
state. They are being lauded for -- they are
3524
being lauded for helping out the needy with
sorting 1500 tons of food for needy New
Yorkers. The art show that we had in The Well
a few months back brought in a record amount
of money for the Crime Victims Fund. They
have helped to preserve a cemetery in Elmira,
New York. And on and on it goes -- built
playhouses for charity, and so forth and so
on.
So obviously, even though some of
the these people have committed heinous acts
which we all abhor, there is some contribution
that they can make. And we continue to put
legislation -- to pass legislation which
denies people, once they have completed their
sentences, an opportunity to work outside of
the prison.
So I think we need to examine what
we do, and at least we ought to have some
means of allowing people to have some kind of
hearing that they can address whatever is in
the DCJS record.
This doesn't do that. We haven't
done it in the past. It's really caused a lot
of problems in other instances. For instance,
3525
daycare. I know of people in daycare centers
that committed some -- they were arrested when
they were 18, they're now 35, they're a
custodian in a daycare center and they get
fired because it shows up that when they were
18 they jumped a turnstile or whatever it was
in that -- at that time.
So clearly there is a problem here.
We have people working as inmates, doing very
valuable work and service to the community
while they're inside, but once they're outside
we bar them from ever being able to work or to
work in many jobs.
So that's -- I'm voting no on this,
and I certainly hope we can begin to address
that problem in our legislation as we go
forward. Thank you.
THE PRESIDENT: The Secretary
will announce the results.
SENATOR ONORATO: To explain my
vote, Madam President.
THE PRESIDENT: Senator Onorato,
to explain your vote.
SENATOR ONORATO: Yes.
Senator Libous, I am in favor of
3526
your bill, but I am concerned that the bill
only authorizes the service providers to make
a background check. I believe it should be
made mandatory.
Under the current bill, if a person
is to be investigated by an agency, they would
be required to check everybody that is
currently working for that agency, and at a
cost-prohibitive price, without being
reimbursed at all by the state.
I think that the bill should be
revisited and amended to address the concerns
that we all have on this bill. But I am
voting in the affirmative on the bill.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 142 are
Senators Montgomery and Schneiderman. Ayes,
57. Nays, 2.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1092, by Senator Maziarz, Senate Print 810, an
act to amend the Penal Law.
3527
THE PRESIDENT: Senator Maziarz.
Read the last section.
SENATOR DUANE: Explanation,
please. Explanation, please.
THE PRESIDENT: Senator Maziarz,
Senator Duane has asked for an explanation.
SENATOR DUANE: Thank you.
THE PRESIDENT: You're welcome.
SENATOR MAZIARZ: Madam
President, this bill amends the sections of
the Penal Law to include the crime of
financial exploitation of the elderly by
amending the larceny section of the Penal Law.
This bill defines the terms "mentally
disabled" and "mentally incapacitated" within
the statute.
It also amends the Penal Law, which
defines a "wrongful taking," to include theft
by defendants who know or have reason to know
that the victim suffers from a mental
disability or incapacity.
And finally, Madam President, this
bill creates an affirmative defense applicable
to cases in which a defendant obtained
property in the course of rendering assistance
3528
which benefitted the elderly owner, as long as
the value of the appropriated property was
equal with the benefit received.
Thank you.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
I believe there's an amendment at the desk.
THE PRESIDENT: Yes, there is,
Senator Duane.
SENATOR DUANE: And I would like
to waive the reading of my amendment and offer
an explanation.
THE PRESIDENT: The reading is
waived, Senator Duane. You have the floor to
explain.
SENATOR DUANE: Thank you very
much, Madam President.
I believe that this is a very good
piece of legislation. I would like -- and I
support it. I would like to point out,
however, that it singles out a class of
people -- that is, persons who are mentally
disabled or mentally incapacitated -- so it
sets aside a certain class of people.
In addition, the legislation
3529
speaks, I think, to motive, that motive being
taking advantage of a person who may not be so
able to defend themselves against being
manipulated or in fact, as we would say in the
'90s, ripped off.
The legislation calls for increased
penalties for people who are convicted of such
a crime. And I believe very strongly that
bias-related legislation, which we had a
motion to discharge on the floor of this body,
which sadly failed by a vote of, I think, 30
to 24, is remarkably similar to this piece of
legislation. Indeed, it singles out classes
of people who are at risk of being victimized
by bias-related violence.
And people have often raised that
they are not that comfortable with the idea of
motive, but indeed this piece of legislation
before us today speaks to motive in a case
where someone is trying to defraud a person
who is mentally incapacitated.
And in bias-related -
bias-motivated crimes, there is certainly the
specter that the person is being attacked
because of who they are perceived to be,
3530
whether they are African-American, Latino,
Asian, disabled. We've heard a lot today
about how persons with disabilities in some
cases as a class need to be given special
consideration, whether it's in terms of
parking spaces or in terms of not being
discriminated against in employment.
And in fact, I think that the
bias-related -- bias-crimes legislation does a
very similar thing, that it sets aside groups
of people who in fact do need a special
protection, particularly from bias-related
attacks.
The legislation speaks to
increasing penalties. And in fact, the
bias-crimes legislation also would increase
penalties for those crimes that are motivated
by hate. There are many, many similarities of
things that we have debated in this body. In
fact, we talked about them in the
motion-to-discharge discussion.
I've heard some of my colleagues
say things like a theft is a theft, an assault
is an assault, a murder is a murder. Well, in
fact, by Senator Maziarz's legislation it
3531
could be said that a larceny is just a
larceny, but we're saying that this kind of
larceny is in fact a little bit more heinous
than other forms of larceny and therefore
deserves to be treated in a slightly harsher
manner by the criminal justice system.
And that's what we're saying with
the bias bill as well, that bias-related
crimes do deserve to be treated in a harsher
manner. Because, in fact, what bias crimes do
are to threaten entire classes of people. And
indeed, you might say that no one is safe from
bias-related crimes while bias-related crimes
are happening in our society at all.
So, for instance, in the district
that I represent, though a person may not be
gay or lesbian, they are in fact at risk of
being beaten up if they are not gay or lesbian
because people might come to that neighborhood
and beat people up simply because they think
that they're gay or lesbian.
And so when someone tries to pull
something over on a mentally incapacitated
person or a mentally disabled person, I think
one of the things that this legislation seeks
3532
to do is to deter people from trying to take
advantage of people who are perhaps mentally
incapacitated or mentally disabled.
And so a large part of this
legislation is actually deterrence. And so
its reason for being put into law is to try to
deter bad people from taking advantage of
people who are mentally disabled or who are
perceived to be mentally disabled.
So the list of similarities goes on
and on as to why it is that we both need this
legislation to protect persons who may be
mentally incapacitated, but that we also need
legislation to protect people from
bias-related attacks.
Now, I believe that it is a
terrible, terrible thing to try to steal from
people -- to steal their property, to steal
their money, to steal their hard-earned
income. That is a terrible, terrible thing.
But I think we also have to acknowledge that
it is a terrible thing to physically assault
people because of who you perceive them to be.
And we can't just say on the one
hand that it's a bad thing to try to steal a
3533
person's property when on the other hand we're
unwilling to say that it's a bad thing to
physically hurt someone because of who you
perceive them to be.
And so for those reasons, I would
urge all of my colleagues in the Senate to
vote to make bias crimes a part of the
legislation which we are about to vote on
having to do with larceny against mentally
disabled and mentally incapacitated persons.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. I'd also just like to
address the amendment that Senator Duane has
put on the floor.
We have created a series of crimes
against property, not just against people, as
this bill says. This bill says that there are
a category of people for whom a specific crime
will be more severely punished because of the
nature of who the victim is. And your
amendment, as I understand it, Senator Duane,
says let's look at the bias, the intention to
injure a particular class of people when
3534
considering something as simple as assault.
My point in rising is to simply
remind everyone in this chamber that we in
this chamber in the last ten years have looked
at the issue of property damage. That is,
vandalism in a cemetery is punished more
egregiously than vandalism in a house.
Vandalism against a religious institution is
punished more severely than vandalism that's
printed on a wall of a commercial building.
So we have not only created a
specific -- as this bill does, a class of
victims of personal assault or larceny, a
crime against a specific person, and said that
we will increase the penalty for that, but
we've also done it in crimes against property.
And Senator Duane's amendment
simply says that since we have this trend in
New York, this way that we look at the nature
of the victim or we look at the nature of the
property that's being defaced or vandalized,
we will create more egregious penalties -- it
seems to me that the bias crime bill that he
is talking about flows from that exact same
premise. And it seems to me that once we
3535
begin to make those distinctions, we should
make them for a class, a group of people for
whom we know that bias is the motivating
factor in their attack.
I would remind everyone that we
have -- that since we've carved out a part of
property and crimes against property, we have
also, by this proposed legislation, created a
particular class of people for whom violence
will be more severely punished. It seems to
me the logical corollary is to carry that to
its logical conclusion: adopt the bias-crimes
people. Say that there are a group of
people -- many groups of people for whom
specific bias motivation is a reason to
increase the penalties.
It's logical, it's consistent, we
do it in so many other areas. We now have an
opportunity to do it by virtue of the
amendment, and it ought to be done.
Thank you, Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. I rise in support of both
Senator -- I rise in support of both Senator
3536
Maziarz's bill and the amendment being offered
up by Senator Duane.
And let me just say here that this
is not the smoking-gun evidence that we needed
to prove that the arguments against bias
crimes, as they particularly pertain to not
creating special categories of people we want
to protect, is nonsense. It's all nonsense.
It's not true.
We knew it wasn't true because when
we had the debate in this chamber not too long
ago on a motion to discharge on the
hate-crimes legislation, it was listed the
numerous categories that exist in current law
which provide special protection to certain
individuals because those protections are
necessary for a variety of societal reasons,
including for police officers.
And so this bill today is a
terrific bill. And, Senator Maziarz, I
commend you on this legislation. It really
is -- it's well-intended, and I believe it
will be effective. And its effectiveness
means that when you translate, as logically we
can now translate the specific prohibitions of
3537
this legislation, the concept behind it, to
the necessity to apply those provisions to
hate-crimes legislation, that we can also make
that logical conclusion, that jump, that
hate-crimes legislation will work.
What does that mean? It means that
people out there who will in the future be
victimized because of somebody else's
ignorance, stupidity, might not be victimized
if we are able to establish and codify in law
a set of penalties for individuals who act
upon their stupidity and their ignorance. And
the message that we send out when we take that
action, that courageous action, will resonate
throughout the state. And I know it in my
heart, there are people out there who will get
the message.
That right now, when the state
refuses to act, although the state knows very
well that bias crimes are on the rise, that
crimes against homosexuals are on the rise,
that crimes against other individuals with
special characteristics about them are on the
rise, and these individuals sit back and they
recognize that the state has failed to act on
3538
this. And they hear our cries, those who are
calling out for hate-crimes legislation, they
hear it, and they hear the deafening silence
of no response on the part of government.
And for the warped mind that is
attacking somebody or perpetrating hostility
against somebody based on the color of their
skin or their age or a disability or their
sexual orientation, the warped mind that's
doing that is also likely to portray our
inaction as a tacit permissiveness. The state
is saying, Okay, we're not going to respond to
this, we're not going to do anything about
this. And so I believe as a result of that
inaction, there are individuals out there
right now, today, who will perpetrate
crimes -- harassment, threats and violence,
unfortunately -- against other people as a
result of our inaction.
We cannot sit back time after time
after time and fail to act on this. And let
me -- I must address another issue here,
because nothing's changed, and I still haven't
heard anybody get up and make the case that we
all -- we all know it to be true, that if
3539
homosexuals were stricken from this
legislation, it would pass. And I'm yet to
hear somebody stand up and really go after
that issue and explain why it is that we
should not provide this protection to a
category of people who are being victimized
solely on the basis of their sexual
preference. That's it. That's the basis for
it.
I'll tell you something. If people
had six fingers on one of their hands and that
additional finger meant that violence would be
perpetrated against them, I would want
six-fingered people in this legislation.
And this whole notion that we're
condoning homosexuality if we provide
protection to individuals who are the victims
of violence as a result of that homosexuality
is silly. You're not condoning anything. As
if that was a crime in and of itself, which
it's not. You're not condoning anything.
You're not creating somebody else who -
who -- to become a homosexual who was not
going to be homosexual, as if that was a
problem anyway. You're not doing that.
3540
This is ridiculous. And I'm
constantly frustrated as I hear these debates
day in and day out and we're met with silence
here. We hear that Cardinal O'Connor is
spoken to about this. We hear that momentum
is building. Well, it's been years. And
we're getting frustrated and angry here.
Every single day we know that there
are bias crimes being perpetrated. The last
time I stood up on the floor of this
institution and I told you, everyone here,
what those crimes were and how many there were
in the City of New York. There are more than
ten every week in New York City. And Senator
Duane pointed out last time, if memory serves,
that we don't have reporting requirements so
we don't know the true extent of this problem.
Why are we turning our backs on people who
need help here? I don't understand it.
So, Senator Maziarz, your bill is
terrific. There are people who are mentally
disabled or who might be mentally
incapacitated who might be taken advantage of
based on that mental disability or mental
incapacitation. You're doing the right thing
3541
by recognizing that they should not be
victimized as a result of it. And if we have
additional penalties which will penalize
individuals who do victimize individuals on
that basis, then maybe that's going to deter
somebody from doing it.
It is perfectly analogous to extend
this argument to hate crimes. And I must also
say that I know that there are colleagues on
the other side of the aisle who believe that
hate-crimes legislation should be enacted.
And by the way, I make no contention that this
is a panacea. But that's not a reason not to
act on it anyway. But I say to my colleagues
who are on the other side of the aisle who I
know in their hearts if this legislation was
to come before us they'd have to vote for it
because there's really no logical way to argue
against it, I say to you, please do some of
the heavy lifting for us and please do the
right thing on this and put pressure on those
who can move this legislation to the floor of
the Senate.
I don't want to continually stand
up and have to argue this point over and over
3542
and over again when I know that today and
tomorrow, this week and next week and next
month and next year, people will be
discriminated against, people will have
violence perpetrated against them based on
some characteristic that they cannot control.
And we're not talking just about
homosexuals here. We're talking also about
the elderly. We're talking about people who
are disabled. That's in the legislation.
We're talking about Mr. Rishi Maharaj, who was
victimized in South Ozone Park last year
because he is of Indian descent. All those
people don't get the protections who I believe
should get them -- and I believe would be
afforded those protections if we take
homosexuals out of the legislation. Well, we
won't do it. We will not compromise on our
principles. This is too important.
So I implore all of my colleagues
here again to please do the right thing on
this one, put pressure on those who need to
have pressure brought to bear on them, and
really, really move this forward. It's about
time. We cannot have any more excuses.
3543
So, Senator Duane, I support your
amendment. Senator Maziarz, I thank you for
bringing your legislation to the floor today.
I'm going to vote in favor of it. And I
appreciate that your legislation is the
vehicle, the logical vehicle with which we can
facilitate all of the arguments for
hate-crimes legislation. It was very
convenient and appropriate that your bill did
that.
Thank you, Madam President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR SCHNEIDERMAN: I strongly
concur in the comments of my colleague,
Senator Hevesi, and the other comments that
have been made. I think this amendment is
extremely important, and I think that it's
very important that we act on the
bias-related-violence issue now.
We're coming to the end of another
legislative session. I don't know what you're
3544
telling your constituents we've been doing up
here this year, but too many people say to me
they believe they're getting what they're
paying for, and we know they're not paying us
anything, so that's not a very high
compliment.
I cannot think of a clearer area in
which the law needs to be adjusted to reflect
the realities of what's going on all around us
than the area that is addressed by Senator
Maziarz's fine bill, except possibly the area
of violence-related bias. The law evolves,
and it's our job to develop the law to respond
to the real concerns of society. We didn't
used to have civil rights laws in this
country. They were not created just because
someone thought it was a good idea. They were
created in response to real acts of violence,
to real acts of discrimination, to real areas
of concern. And they were created when
legislators had the courage to lead, to step
up and lead. In some cases, after great
popular outcries, some people were motivated
who hadn't been motivated before.
But in all cases, when the law has
3545
developed -- this is true throughout the
history of the criminal law, when we've
adjusted the law to reflect things that
science has opened up to us, we've adjusted
the law to reflect changes in social conduct.
Our efforts to pass a stalking bill this year
reflects a new awareness of what is going on
in society, the need to adjust the criminal
law to reflect the realities all around us.
And I don't think anyone can really
argue with what Senator Hevesi was just
saying. It is absolutely undisputable that in
a period when crime is falling in almost every
category, bias-related violence is going up.
I know that in my district and in several
other areas around the City there's a serious
increase in acts of anti-Semitic vandalism.
This is not an area that should go unreported.
This is an area in which it's important to
adjust the law, it's easy to adjust the law.
And I urge all of you that, with a
couple of weeks left in this session, it's
time that we stand up for something that is so
clearly within our reach, within our grasp,
that I know many members of the Majority would
3546
vote for, have said they would like to vote
for if it gets to the floor. This is a great
opportunity for us to amend the law of the
State of New York to deal with the reality we
are facing to make the law better, to protect
people who need protection. Just as Senator
Maziarz is advancing the law in a way that
probably 20 years ago would have been too
controversial to even consider, with
definitions of mentally disabled and mentally
incapacitated. I don't think they were
prepared to deal with that then.
Let's move forward on something
that has been enacted in other states. We
know how it works in other states, it's very
clear. And I commend Senator Duane for
bringing us this opportunity today to pass two
fine pieces of legislation linked together
with the central concept that some people need
special protection in special circumstances
and that the criminal law is an appropriate
vehicle for that.
I urge everyone to vote yes on the
amendment and to support this fine bill.
THE PRESIDENT: The question is
3547
on the amendment.
Senator Paterson.
SENATOR PATERSON: Thank you very
much, Madam President.
What Senator Maziarz has done in
this legislation I think is very interesting,
and it bears a lot of consequence with the
amendment that Senator Duane has brought up.
What Senator Maziarz has done -- incidentally,
this is the one-week anniversary of Senator
Maziarz's 30th birthday. And on that
occasion, I just wanted to point out that what
he has done is carved a protected class into
the legislation.
Now, we've had pieces of
legislation here before -- I believe Senator
Padavan may have had one -- where we would
increase crimes for a particular act; for
instance, increasing the penalty for
committing a crime near a subway or near a
schoolyard or something like that. We have in
the law an increase in penalty if one commits
a crime, say, against a police officer.
That's where we first started the aggravated
harassment standard. Crimes committed at a
3548
cemetery, defacing or defiling religious
memorials.
So we have, as a legislative body,
addressed issues where we felt that by
attacking what we would consider to be pillars
of society, meaning the understanding of
people's worship, or police officers, who are
sworn to uphold our Constitution and have a
special relationship with the public -- we've
done that before.
But what's kind of unique about
this legislation is here we're carving the
protected class into the legislation itself,
by saying that this type of action, when
committed against the disabled, really
constitutes a very serious offense, it
constitutes practically an embezzlement. And
the reason is because we understand as a
society that there are certain members of the
society who need a special protection against
harm that could be caused by others. We
cannot legislate morality, as President
Eisenhower once said, but we can protect those
against the immorality of others.
And so this is why I found Senator
3549
Duane's amendment to be quite germane. And
although we have discussed it before -- and we
did have a hate-crimes amendment earlier this
year, and we did discuss it. But the reason
that we continue to bring it up is that we
feel that it's not totally understood that
anybody in this chamber is eligible to be
protected under this legislation because they
would be violated through violence against
them because of their race, religion, their
national origin, their age or disability,
their sex or their sexual orientation.
And so in that regard, the
amendment is very a propos, coming at this
particular time at a point in history when in
the last two years we've had these very
celebrated incidents of brutality committed
out of hate against the gay and lesbian
community and against an African-American in
Jasper, Texas. And we have also come here
many times under this legislation to
unfortunately abhor the actions such as were
taken Yankel Rosenbaum on August 18, 1991, who
but for the fact that he was Jewish and wore
the religious garb that identified him as
3550
Jewish, was killed in Crown Heights.
And there are many, many other
cases. The list goes on and on. And although
they constitute a very few number of the
murders that have been committed in our
society, they strike such a fear into the cord
and the consciousness of the communities from
which they are indigenous that we as an entire
society have to pause in our deliberations to
recognize the severity of what these offenses
cause the totality of our society.
And so at this time when there's a
lot of discussion and a lot of effort being
waged -- certainly, the Governor has lent his
voice to those who are calling for a
significant hate-crimes legislation -- we
think it's important to bring the issue up
time after time. And without any criticism of
Senator Maziarz's good work, but really just
an opportunity for us to raise the issue
again.
The fact is that the numbers of
crimes committed out of hate continue to rise
in this country. The numbers of crimes
committed against the gay and lesbian
3551
community tripled from 1985 to 1995, doubled
in the Jewish community between 1985 to 1995.
And so we want to send a message to those who
would violate the rights of others through
violence based on any of these protected
classes that we as a society don't tolerate
it.
In 1989, a reporter from the New
York Post, whose name is Joel Nicholson, did a
survey right here in the New York Senate and
found that 57 of the 61 Senators at that
particular time favored significant
hate-crimes legislation. And it is somewhat
alarming that with that overwhelming a
majority of the house in favor, that we were
unable to pass significant legislation to that
end at that particular time.
And so this is just a further call,
a clarion call to anyone who might be out
there who is in the decision-making capacity
that could bring relevant legislation that
would be synthesized with the work that has
been done in the Assembly to bring us all to
that point where we could vote for this
legislation and provide the minimal protection
3552
against violence to those in our society who
often fear that if they can't be protected
against violence, that they are aptly
discriminated in the areas of housing and
health care and education and employment.
And so this is the reason that I
rise so admirably to support Senator Hevesi
and Senator Schneiderman and Senator Dollinger
and all of those who are in support of the
amendment offered by Senator Duane. This is
no -- not in any way intended to limit or
curtail the possibility of passage of
hate-crimes legislation, but simply to emit
the anguish that all of us feel that this
amount of period has gone by -- that this
period has gone by and that we as a
Legislature, as lawmakers, as public servants,
have not addressed an issue when unfortunately
every year and a half or every two years, we
hear another startling incident such as what
happened to Matthew Shepard or what happened
in Jasper, Texas. And we all feel the pain,
we all feel the anguish, we all feel almost a
hostility toward those who would commit those
crimes, but somehow cannot sit down and
3553
reconcile some legislation that would add
protections to those who have been victimized.
So I gladly support Senator Duane's
amendment, and I would like to ask for a slow
roll call on this issue.
THE PRESIDENT: Do we see five
Senators standing?
The Secretary will call the roll
slowly.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: No.
THE SECRETARY: Senator Balboni.
(No response.)
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: No.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: Yes.
THE SECRETARY: Senator Bruno.
(Senator Bruno was recorded as
voting in the negative.)
THE SECRETARY: Senator Connor.
(Senator Connor was recorded as
voting in the affirmative.)
THE SECRETARY: Senator
DeFrancisco.
3554
SENATOR DeFRANCISCO: No.
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: Yes.
THE SECRETARY: Senator Duane.
SENATOR DUANE: Yes.
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Yes -- no. I
vote no.
He advised me to vote yes.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: No.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: Yes.
THE SECRETARY: Senator Gonzalez.
(No response.)
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Hannon.
SENATOR HANNON: No.
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: Yes.
THE SECRETARY: Senator Hoffmann
excused.
3555
Senator Johnson.
SENATOR JOHNSON: No.
THE SECRETARY: Senator Kruger.
(No response.)
THE SECRETARY: Senator Kuhl.
(No response.)
THE SECRETARY: Senator Lachman.
(No response.)
THE SECRETARY: Senator Lack.
(No response.)
THE SECRETARY: Senator Larkin.
Senator Larkin.
SENATOR LARKIN: No.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: No.
THE SECRETARY: Senator Leibell.
SENATOR LEIBELL: No.
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
(No response.)
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: No.
THE SECRETARY: Senator Marchi.
3556
SENATOR MARCHI: No.
THE SECRETARY: Senator
Markowitz.
SENATOR MARKOWITZ: Yes.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: No.
THE SECRETARY: Senator McGee.
SENATOR McGEE: No.
THE SECRETARY: Senator Meier.
SENATOR MEIER: No.
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator
Montgomery.
SENATOR MONTGOMERY: Yes.
THE SECRETARY: Senator Morahan.
(No response.)
THE SECRETARY: Senator Nanula.
(No response.)
THE SECRETARY: Senator Nozzolio.
(No response.)
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Aye.
THE SECRETARY: Senator
Oppenheimer.
3557
SENATOR OPPENHEIMER: Aye.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: No.
THE SECRETARY: Senator Paterson.
SENATOR PATERSON: Yes.
THE SECRETARY: Senator Rath.
SENATOR RATH: No.
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Saland.
SENATOR SALAND: No.
THE SECRETARY: Senator Sampson.
(No response.)
THE SECRETARY: Senator Santiago.
SENATOR SANTIAGO: Yes.
THE SECRETARY: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Yes.
THE SECRETARY: Senator Seabrook.
SENATOR SEABROOK: Yes.
THE SECRETARY: Senator Seward.
SENATOR SEWARD: No.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: No.
THE SECRETARY: Senator Smith.
3558
SENATOR SMITH: Yes.
THE SECRETARY: Senator Spano.
SENATOR SPANO: No.
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: No.
THE SECRETARY: Senator Stafford.
SENATOR STAFFORD: No.
THE SECRETARY: Senator Stavisky.
SENATOR STAVISKY: Yes.
THE SECRETARY: Senator Trunzo.
SENATOR TRUNZO: No.
THE SECRETARY: Senator Velella.
(No response.)
THE SECRETARY: Senator Waldon.
SENATOR WALDON: Yes.
THE SECRETARY: Senator Wright.
SENATOR WRIGHT: No.
THE PRESIDENT: The Secretary
will call the absentees.
Senator Volker.
THE SECRETARY: Senator Volker.
SENATOR VOLKER: No.
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Nay.
3559
THE PRESIDENT: The Secretary
will call the absentees.
THE SECRETARY: Senator Gonzalez.
(No response.)
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Kruger.
(No response.)
THE SECRETARY: Senator Kuhl.
(No response.)
THE SECRETARY: Senator Lachman.
(No response.)
THE SECRETARY: Senator Lack.
SENATOR LACK: No.
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
(No response.)
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator Morahan.
(No response.)
THE SECRETARY: Senator Nanula.
(No response.)
THE SECRETARY: Senator Nozzolio.
3560
(No response.)
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Sampson.
SENATOR SAMPSON: (No response.)
THE SECRETARY: Senator Velella.
(No response.)
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: No.
THE SECRETARY: Senator Nozzolio.
SENATOR NOZZOLIO: No.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Ayes, 17. Nays,
31.
THE PRESIDENT: The amendment is
defeated.
Senator Waldon.
SENATOR WALDON: Would the
gentleman yield to a question or two, Madam
President? I'll be very quick.
THE PRESIDENT: Senator Maziarz,
will you yield to a question?
SENATOR MAZIARZ: Certainly,
Madam President.
3561
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Thank you, Madam
President.
Senator Maziarz, before we begin
with the questions -- and they'll be brief -
the area I represent, I'm told, has the
largest concentration of nursing homes of any
county in the state of New York. That's
Queens County in the areas of the Rockaways.
This is not a convoluted question thing.
I think what you're driving at with
your legislation is to protect those people
who are most unable to protect themselves in
dealing with the relationship of caregivers
who they sometimes take on as family or even
closer than family. Is that fairly accurate?
SENATOR MAZIARZ: Yes.
SENATOR WALDON: And is what
you're trying to do to help us, as a society,
deal with those who would take advantage of
this special relationship and then abuse the
seniors and the others who are incapacitated
or disabled in terms of ripping them off in
terms of their money?
3562
SENATOR MAZIARZ: That is
correct, Senator.
SENATOR WALDON: Thank you very
much.
SENATOR MAZIARZ: Thank you.
SENATOR WALDON: Thank you, Madam
President. On the bill.
I think this is commendable, as my
other colleagues have said. I'm glad that
Senator Maziarz has the sensitivity to help
those people whom I represent in the Rockaway
area.
My mother-in-law was in a nursing
home for many, many years, and when I would go
there I would see the seniors almost hopeless,
those who had no family members ever visiting
them. We religiously visited my
mother-in-law. But at Thanksgiving and
Christmas and other holidays, high holidays,
people would actually cling to me because I
was the surrogate or substitute relative for
the moment. And so I think what you've done
today is tremendous and we should have done
this a long time ago.
Thank you, Madam President.
3563
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
The Secretary will read.
THE SECRETARY: Calendar Number
449, by Senator Padavan, Senate Print 3651, an
act to amend the Real Property Tax Law.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested by Senator
Duane.
SENATOR PADAVAN: This would
extend the Commercial Incentive -- Commercial
and Industrial Incentive Act for four more
years.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
would the sponsor yield for a couple of
3564
questions?
THE PRESIDENT: Senator Padavan,
do you yield for a few questions?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I was hoping the
Senator could give a description of the areas
which will be included in the extension of the
ICIP.
SENATOR PADAVAN: Senator, you
serve on the City Council for an extended
period of time. Obviously you know what this
bill did for the City of New York. It's
throughout the city. Every borough, in
varying degrees, is covered by this
legislation.
SENATOR DUANE: Madam President,
if the sponsor would yield to a couple of
questions, additional questions.
SENATOR PADAVAN: Yes.
THE PRESIDENT: Senator
Padavan -- you do yield.
Go ahead, Senator Duane.
SENATOR DUANE: Then through you,
3565
Madam President, I'm to assume that the
legislation includes the area in Manhattan
which is south of 96th Street?
SENATOR PADAVAN: Is what, is it?
South of 96th Street? No.
SENATOR DUANE: In Manhattan.
SENATOR PADAVAN: No.
SENATOR DUANE: And I am
wondering whether the -
SENATOR PADAVAN: Unless it's a
smart building. Unless it's a smart building.
SENATOR DUANE: Madam President,
if the sponsor would be so kind as to describe
what a smart building is, for those who may
not know.
SENATOR PADAVAN: But you know,
though, don't you, Senator?
SENATOR DUANE: I do, because I'm
a smart person.
(Laughter.)
SENATOR PADAVAN: That's good.
That's why I assumed you knew.
THE PRESIDENT: Senator Padavan,
do you yield?
SENATOR PADAVAN: It's a building
3566
that's designed to enhance advanced
technology, particularly in the communications
field.
SENATOR DUANE: And finally,
I'm -- before I speak on the bill, I have one
final question, whether or not there are any
job retention provisions included in the ICIP
legislation.
SENATOR PADAVAN: Any job
retention? To the extent that these buildings
provide economic opportunities, including
employment of a permanent nature, obviously
they are retained. Also, obviously, a great
deal of work is generated in the construction
and renovation of the buildings. This has
been a major factor in the economic
revitalization of the city of New York over an
extended period of time, both in terms of
construction work and permanent employment.
SENATOR DUANE: Madam President,
on the bill.
THE PRESIDENT: Senator Duane, on
the bill.
SENATOR DUANE: Thank you.
Consistently since I've been on the City
3567
Council I have taken issue with provisions of
the ICIP program. First and foremost, I think
that probably the most important issue facing
the city of New York and the state of New York
is the issue of job creation and job
retention.
And I think that it's critically
important for us to make sure that when we
look at incentives for businesses or for, for
instance in this case, landowners and
developers, that what we look towards is to
make sure that these programs actually ensure
that they lead to greater employment for the
citizens of the state of New York as well as
for retention of jobs in the state of New
York.
So, for instance, we have to look
very carefully at whether or not buildings are
being converted from manufacturing use to uses
for commercial uses and office uses, and
whether or not that's in the best economic
interests of the state of New York and
particularly the city of New York.
In addition, if you look at what
has been happening in Manhattan south of 96th
3568
Street, real estate is booming right now.
Land values are incredibly high. Rent for
office space is at a premium. I would argue
that we don't need to incentivize the making
of better buildings or smart buildings through
this program. Indeed, owners and developers
of these buildings are doing that because they
can get a better return on their property by
doing so. It's happening on its own. They do
not need these kinds of tax incentives in
order to improve their buildings to make them
more attractive for people to rent them.
Because at this point, people are willing to
pay whatever it takes to be able to rent space
in these buildings. Landlords are making a
terrific return on their investment, and we
don't need to forgive them from taxes which
frankly we need to provide for services,
including job creation programs that we have
in the state of New York.
So I think that we should look at
this piece of legislation and what it is that
our economic development philosophy should be
for the state of New York. And I would say
that the most important thing we could be
3569
doing is to be creating jobs for people. This
legislation does nothing, in fact, to
guarantee that we will be increasing jobs for
people in New York or, for that matter, to
retain jobs, particularly in the manufacturing
sector, for people who are already living and
working in the state of New York. And I also
believe that we don't need to provide these
incentives particularly for people who are
building -- or renovating buildings south of
96th Street. It's happening without this
help, and we need the tax revenue. I would
urge my colleagues to vote no.
Thank you, Madam President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, I agree with Senator Duane. My
district once went down as far as 72nd Street.
And certainly the issue of overdevelopment as
opposed to renovation was one of the greater
problems on the Upper West Side, which I'm
sure Senator Schneiderman, who now represents
that area, would be more than willing to
comment on.
But I have a question for Senator
3570
Padavan relating to process, if he's willing
to yield.
SENATOR PADAVAN: Willing to
what, Senator?
THE PRESIDENT: Senator Padavan,
will you yield?
SENATOR PADAVAN: Yes, I will
yield.
SENATOR PATERSON: If you're
willing to yield.
SENATOR PADAVAN: Yes, I am
willing to yield.
THE PRESIDENT: Senator Paterson,
you may proceed.
SENATOR PATERSON: Senator, I see
that the date for public hearings has been
moved up from October 1st to September 15th,
but the -
SENATOR PADAVAN: I'm sorry,
Senator, I'm having trouble hearing you.
SENATOR PATERSON: I'm sorry.
THE PRESIDENT: Senator Paterson,
could you speak up?
SENATOR PATERSON: I notice that
the date for public hearings has been pushed
3571
back to September 15th from October 1st. But
more importantly, the time period allotment
for notice seems to be implying that we're
going to speed up the process a little bit.
It was 10 to 30 days, but your bill shortens
it to 5 to 15 days.
And particularly, it's such a short
period of time, I was wondering why we would
want to truncate the process even as minimally
as we are. Why did you feel that we needed to
have this shortened period of time for a
public hearing?
SENATOR PADAVAN: This was
requested by the City of New York and the
members of the Commission and the Commission
itself to expedite the process and the
approval of applications.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Yes, thank
you, Madam President.
Senator Padavan, this was the
Commission's request of us that we speed up
this time period?
SENATOR PADAVAN: The City of New
York specifically. We have a memo in support
3572
from the Mayor outlining the provisions of the
bill, the minor changes that were made,
fundamentally extending it for four years.
These requests were made by the City.
SENATOR PATERSON: Okay. Thank
you very much, Senator Padavan.
Madam President, on the bill.
THE PRESIDENT: Go ahead,
Senator. On the bill.
SENATOR PATERSON: I think that
my sentiments are best expressed by Senator
Duane. I think that the process, particularly
south of 96th Street, the area he covers and
the area Senator Schneiderman covers, is
moving toward the type of enhancement. And
the type of technological readiness of the
capacities of the buildings to receive that
kind of new equipment on their own does not
necessarily need to be enhanced or in any way
assisted through this legislation. And I
would actually urge my colleagues that we not
comply with the request of the City of New
York.
THE PRESIDENT: Read the last
section.
3573
Senator Schneiderman. Excuse me.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
If the sponsor will yield to a
question.
THE PRESIDENT: Senator, will you
yield to a question? Senator Padavan. Do you
yield.
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I'm wondering, in the third
paragraph of the proposed legislation there
are some areas in Manhattan, including
significant -
SENATOR PADAVAN: What paragraph?
I'm sorry.
SENATOR SCHNEIDERMAN: Paragraph
3.
SENATOR PADAVAN: What page?
THE SECRETARY: Section 3,
paragraph D, excuse me, of subdivision 5.
It's on the second page, beginning on line 32.
3574
SENATOR PADAVAN: Yes.
SENATOR SCHNEIDERMAN: It's the
reference to several areas in the Borough of
Manhattan that will be renovation-exemption
areas. And I was just wondering how -- if you
know, how was it determined that those
particular areas would be classified as
renovation-exemption areas?
SENATOR PADAVAN: Senator, the
basic thrust, contrary to what one of the
speakers said, is to attempt to focus this
legislation on areas where economic incentives
for property tax abatement for new
construction as well as renovation would be
enhanced through this mechanism. There are
some parts of the city that really don't need
it, and that's why this exemption area is in
the bill.
This has been going on since 1980.
This is almost twenty years in its
application.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
If the sponsor will continue to
yield.
3575
THE PRESIDENT: Senator, do you
continue to yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Then if
that is, as I believe it is, the expressed
intent of this legislation, would it not be
appropriate for the City, if that is who we're
trying to accommodate with this bill, to come
forward with some evidence that the program as
it has been operated has in fact had that
result?
And I wonder, is there any backup
that the City has provided to show that we're
not giving away money in areas where
development would be taking place without the
incentive?
SENATOR PADAVAN: That
information has been provided over a period of
almost twenty years, Senator, as I said
broadly earlier.
This act, that was originally
sponsored by me in 1976 and then refined in
1980, has produced tens of thousands of
3576
permanent jobs in the city of New York. It
was a major factor in stemming the exodus of
business from the city of New York, including
manufacturing, as a stimulant to areas such as
the Brooklyn Army Terminal area, for Long
Island City, many of the outer borough areas
which were blighted in terms of business
opportunity and economic development.
There is a twenty-year history of
success with regard to this legislation and
its implementation.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: Go ahead,
Senator. On the bill.
SENATOR SCHNEIDERMAN: I
appreciate what the sponsor is saying about
the intent. I have inherited with my office
some reports of Senator Leichter's that appear
to document fairly carefully the fact that the
intent has not been realized in practice. And
I know from my own experience in my own
district and as a long-time, essentially
lifelong resident of Manhattan, that there
have been numerous buildings that have gone up
3577
where developers have received incentives,
received benefits, we have lost tax revenues
under this bill, where it's clear from the
market circumstances that they were going to
build there anyway.
There are numerous examples in the
history of the City over the last twenty years
of the life of this program of situations in
which we've essentially taken money which we
could have used, tax revenues we could have
used for our schools, put it in the pockets of
developers.
And as Senator Duane so correctly
pointed out, we have yet to take the very
simple step that has been done in economic
development programs all over the country of
putting in a job-retention provision to make
sure we don't have happen what has happened in
several cases in the last couple of years in
midtown Manhattan and lower Manhattan, where
benefits have been conferred and immediately
thereafter there have been layoffs, there have
been job transfers, there have been shifts of
businesses out of state.
And I think that there is a growing
3578
sense among many of my constituents that we're
being taken for a ride with this program, that
we are being ripped off with this program,
that there are not enough protections for the
citizens and it is all too easy for people who
are going to go and build anyway, because the
market forces and the amounts of money that
are at play in the market are really so much
greater than what we're able to provide by way
of an incentive with our tax revenues, that we
are just being taken advantage of.
And I think this really, upon the
occasion of the need for renewal, it really is
an appropriate time for us to revisit these
issues. We can make this a better program.
We can make this a program that does ensure
that we're not ripped off, that we're not
throwing money away that we don't need,
because we do need money for schools and for
housing and for other programs.
And I would urge that we take this
time to reconsider this program, where there's
such a pressing need in so many areas that's
just going to grow over the next few years, as
we know from the projections in the state
3579
budget. This is a well-intentioned program
that is not performing as it was
intentioned -- intended to perform. And I'd
urge everyone that it's time now to
reconsider, revisit it, and come up with a
better bill and not just renew a flawed
program.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Slow roll
call.
ACTING PRESIDENT McGEE: Do I see
five Senators standing, please? Oh, my
goodness, yes, there are five standing.
The Secretary will call a slow roll
call, please.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: Yes.
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Yes.
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Yes.
THE SECRETARY: Senator Breslin.
SENATOR BRESLIN: No.
3580
THE SECRETARY: Senator Bruno.
(Senator Bruno was recorded as
voting in the affirmative.)
THE SECRETARY: Senator Connor.
(Senator Connor was recorded as
voting in the affirmative.)
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes.
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: No.
THE SECRETARY: Senator Duane.
SENATOR DUANE: No.
THE SECRETARY: Senator Farley.
(No response.)
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Yes.
THE SECRETARY: Senator Gentile.
SENATOR GENTILE: Yes.
THE SECRETARY: Senator Gonzalez.
(No response.)
THE SECRETARY: Senator Goodman.
(No response.)
3581
THE SECRETARY: Senator Hannon.
(No response.)
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: Yes.
THE SECRETARY: Senator Hoffmann
excused.
Senator Johnson.
(No response.)
THE SECRETARY: Senator Kruger.
SENATOR KRUGER: No.
THE SECRETARY: Senator Kuhl.
(No response.)
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: Yes.
THE SECRETARY: Senator Lack.
SENATOR LACK: Yes.
THE SECRETARY: Senator Larkin.
SENATOR LARKIN: Yes.
THE SECRETARY: Senator LaValle.
SENATOR LAVALLE: Aye.
THE SECRETARY: Senator Leibell.
(No response.)
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
3582
(No response.)
THE SECRETARY: Senator
Marcellino.
SENATOR MARCELLINO: Yes.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Yes.
THE SECRETARY: Senator
Markowitz.
SENATOR MARKOWITZ: Yes.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Yes.
THE SECRETARY: Senator McGee.
SENATOR McGEE: Yes.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Yes.
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator
Montgomery.
SENATOR MONTGOMERY: No.
THE SECRETARY: Senator Morahan.
SENATOR MORAHAN: Yes.
THE SECRETARY: Senator Nanula.
(No response.)
THE SECRETARY: Senator Nozzolio.
3583
SENATOR NOZZOLIO: Aye.
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Aye.
THE SECRETARY: Senator
Oppenheimer.
(No response.)
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Aye.
THE SECRETARY: Senator Paterson.
SENATOR PATERSON: Mr. President -
Madam President.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Yes. I vote
no.
ACTING PRESIDENT McGEE: Senator
Paterson, I'm sorry.
SENATOR PATERSON: No.
ACTING PRESIDENT McGEE: Senator
Paterson will be recorded in the negative.
THE SECRETARY: Senator Rath.
SENATOR RATH: Aye.
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Saland.
3584
SENATOR SALAND: Aye.
THE SECRETARY: Senator Sampson.
(No response.)
THE SECRETARY: Senator Santiago.
SENATOR SANTIAGO: No.
THE SECRETARY: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: No.
THE SECRETARY: Senator Seabrook.
SENATOR SEABROOK: Yes.
THE SECRETARY: Senator Seward.
SENATOR SEWARD: Yes.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: Yes.
THE SECRETARY: Senator Smith.
SENATOR SMITH: Yes.
THE SECRETARY: Senator Spano.
SENATOR SPANO: Aye.
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: Yes.
THE SECRETARY: Senator Stafford.
SENATOR STAFFORD: Aye.
THE SECRETARY: Senator Stavisky.
SENATOR STAVISKY: No.
3585
THE SECRETARY: Senator Trunzo.
SENATOR TRUNZO: Yes.
THE SECRETARY: Senator Velella.
SENATOR VELELLA: Aye.
THE SECRETARY: Senator Volker.
SENATOR VOLKER: Yes.
THE SECRETARY: Senator Waldon.
(No response.)
THE SECRETARY: Senator Wright.
(No response.)
ACTING PRESIDENT McGEE: The
Secretary will call the absentees.
THE SECRETARY: Senator Farley.
(No response.)
THE SECRETARY: Senator Gonzalez.
(No response.)
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Hannon.
(No response.)
THE SECRETARY: Senator Johnson.
(No response.)
THE SECRETARY: Senator Kuhl.
(No response.)
THE SECRETARY: Senator Leibell.
3586
SENATOR LEIBELL: Yes.
THE SECRETARY: Senator Libous.
SENATOR LIBOUS: Yes.
THE SECRETARY: Senator Maltese.
(No response.)
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator Nanula.
(No response.)
THE SECRETARY: Senator
Oppenheimer.
(No response.)
THE SECRETARY: Senator Rosado.
(No response.)
THE SECRETARY: Senator Sampson.
(No response.)
THE SECRETARY: Senator Waldon.
SENATOR WALDON: Yes.
THE SECRETARY: Senator Wright.
SENATOR WRIGHT: Aye.
THE SECRETARY: Senator Hannon.
SENATOR HANNON: Yes.
ACTING PRESIDENT McGEE: Results,
please.
THE SECRETARY: Ayes, 40. Nays,
3587
9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there is a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT McGEE: We will
return to the report of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following bills directly for third reading:
Senate Print 182, by Senator Alesi,
an act to amend the Correction Law;
1763, by Senator Rosado, an act to
authorize the City of New York;
2079, by Senator LaValle, an act to
amend the State Finance Law;
2294A, by Senator Skelos, an act to
amend the Insurance Law;
2315A, by Senator Maziarz, an act
to amend the Parks, Recreation and Historic
3588
Preservation Law;
2413, by Senator Velella, an act to
amend the Penal Law;
3212, by Senator Johnson, an act to
amend the General Business Law;
3607, by Senator Marchi, an act to
amend the Business Corporation Law;
3652A, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
3886, by Senator Rath, an act to
amend the Tax Law;
4001, by Senator Seabrook, an act
to authorize the City of New York;
4313, by Senator McGee, an act to
amend the General Municipal Law;
4332, by Senator Saland, an act to
amend the Penal Law;
4337, by Senator Skelos, an act to
authorize;
4368, by Senator Hoffmann, an act
to amend the Agricultural and Markets Law;
4375A, by Senator Volker, an act to
amend the Penal Law;
4552, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
3589
4613, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
4632, by Senator Kuhl, an act to
amend Chapter 78 of the laws of 1989;
4695, by Senator Hannon, an act to
amend Chapter 165 of the laws of 1991;
4871, by Senator Hannon, an act to
amend Chapter 804 of the laws of 1992;
4974A, by Senator Fuschillo, an act
in relation to authorizing;
4984, by Senator Balboni, an act
authorizing the assessor;
5021A, by Senator Trunzo, an act
authorizing;
5083, by Senator DeFrancisco, an
act to amend the Town Law;
5101, by Senator Nozzolio, an act
to authorize the State of New York;
5259, by Senator Rath, an act to
amend the Town Law;
5568A, by Senator Stafford, an act
to in relation to legalizing;
5582, by Senator Wright, an act to
amend the Alcoholic Beverage Control Law;
5727, by Senator Bruno and others,
3590
an act to amend the Vehicle and Traffic Law.
All bills directly for third
reading.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
SENATOR SKELOS: Is there any
housekeeping at the desk, Madam President?
ACTING PRESIDENT McGEE: I
recognize Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
Madam President, I wish to call up
Calendar Number 241, Assembly Print Number
3089.
3591
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator Spano,
Senate Print 1453, an act to amend the Labor
Law.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this Assembly bill was substituted
for Senator Spano's bill, Senate Print Number
1453, on 3/24.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
SENATOR MARCELLINO: I now move
that Assembly Bill Number 3089 be recommitted
to the Committee on Labor and Senator Spano's
Senate bill be restored to the order of Third
Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MARCELLINO: I now offer
the following amendments.
ACTING PRESIDENT McGEE: Amendments
3592
received.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Volker, on
page number 47, I offer the following
amendments to Calendar Number 972, Senate
Print Number 4193, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Skelos, on
page number 55, I offer the following
amendments to Calendar Number 1095, Senate
Print 1206, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendment is received and the bill will retain
its place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
3593
On behalf of Senator Maltese, on
page 56, I offer the following amendments to
Calendar Number 1107, Senate Print Number
3525, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT McGEE: The
amendment is received and the bill will retain
its place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: On behalf of
Senator Bruno, I hand up the following
committee changes and ask that they be filed
in the Journal.
ACTING PRESIDENT McGEE: Notice
will be filed in the Journal.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until -- I'm sorry.
SENATOR GENTILE: Madam
President.
ACTING PRESIDENT McGEE: Senator
Gentile.
3594
SENATOR GENTILE: I'll go back to
my seat.
I'd ask unanimous consent to be
recorded in the negative on Calendar Number
1108.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR MONTGOMERY: Madam
President.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes. Madam
President -
ACTING PRESIDENT McGEE: Senator
Gentile, 1108 was laid aside.
SENATOR GENTILE: Okay.
ACTING PRESIDENT McGEE: Thank
you.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. Unfortunately I was absent on
5/17, when Calendar Number 1080 was voted on,
Senate Bill Number 5594B. Had I been present,
I would have voted no. I would like the
record to show that.
3595
ACTING PRESIDENT McGEE: The
record will so indicate.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. On this, the day that not
only commemorates the one week anniversary of
Senator Maziarz's -- I now understand I'm
corrected, it was his 40th birthday. I'd just
like the chamber to be aware that this is also
the birthday of Henry the VIII. That might
bring greater clarity to this afternoon's
proceedings.
There will be an immediate meeting
of the Minority in Room -- Conference Room
314, right at the end of session.
ACTING PRESIDENT McGEE: There
will be an immediate meeting in the Minority
Conference Room, 314, following session.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business, I move we
adjourn until Thursday, June 3rd, at
11:00 a.m. sharp.
3596
ACTING PRESIDENT McGEE: On
motion, Senate stands adjourned until
Thursday, June 3rd, at 11 a.m.
(Whereupon, at 5:36 p.m., the
Senate adjourned.)