Regular Session - June 10, 1999
4624
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 10, 1999
11:05 a.m.
REGULAR SESSION
SENATOR RAYMOND MEIER, Acting President
STEVEN M. BOGGESS, Secretary
4625
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in the Pledge of Allegiance
to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, I ask that we please bow
our heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, June 9th, the Senate met pursuant
to adjournment. The Journal of Tuesday,
June 8th, 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.
4626
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, thank you. On behalf of Senator Lack, on
page 11 I offer the following amendments to
Calendar 348, Senate Print Number 3398, and
ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President. On behalf of Senator Bruno, I
wish to call up Calendar Number 528, Assembly
Print Number 996A.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar 528, by
4627
Member of the Assembly Jacobs, Assembly Print
996A, an act to amend the Social Services Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the Assembly bill
was substituted for Senate Print Number 3931
on 5/26.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
SENATOR FUSCHILLO: I now move
that Assembly Bill Number 996A be recommitted
to the Committee on Rules and Senate Bill 3931
be recommitted to Rules.
ACTING PRESIDENT MEIER: So
ordered.
Substitutions. The Secretary will
read.
THE SECRETARY: On page 52,
Senator Saland moves to discharge, from the
Committee on Rules, Assembly Bill 7708 and
substitute it for the identical third reading,
7708.
On page 52, Senator Hannon moves to
discharge, from the Committee on Rules,
4628
Assembly Bill 8073 and substitute it for the
identical third reading, 1265.
On page 52, Senator Wright moves to
discharge, from the Committee on Rules,
Assembly Bill 8151 and substitute it for the
identical third reading, 1269.
On page 53, Senator Balboni moves
to discharge, from the Committee on Rules,
Assembly 8349A and substitute it for the
identical third reading, 1273.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator McGee.
SENATOR McGEE: At this time may
we please have the noncontroversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
161, by Senator Fuschillo, Senate Print 557A,
an act to amend the Real Property Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
4629
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
704, by Senator Marcellino, Senate Print 827B,
an act to amend the Labor 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
793, by Senator Rath, Senate Print 4390A, an
act to authorize payment of transportation
aid.
4630
ACTING PRESIDENT MEIER: There's
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
814, by Member of the Assembly Vitaliano,
Assembly Print 6676A, an act to amend the
Retirement and Social Security 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
4631
THE SECRETARY: Calendar Number
914, by Senator Balboni, Senate Print 4664A,
an act to amend Chapter 492 of the Laws of
1993.
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
972, by Member of the Assembly Smith, Assembly
Print 7135A, an act to amend Chapter 332 of
the Laws of 1996.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR KUHL: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1000, by Senator Alesi, Senate Print 4125, an
4632
act to amend the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
Senator McGee.
SENATOR McGEE: Mr. President,
would you please lay aside Calendar Number
1000 for the day, please.
ACTING PRESIDENT MEIER: Lay
aside Calendar 1000 for the day.
THE SECRETARY: Calendar Number
1095, by Senator Skelos, Senate Print 1206A,
an act to amend the Civil Practice Law and
Rules.
ACTING PRESIDENT MEIER: 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1107, by Senator Maltese, Senate Print 3525A,
4633
an act to amend the Election Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1229, by Senator Wright, Senate Print 4162A,
an act to amend the Public Service 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1236, by Senator Trunzo, Senate Print 4762, an
act to amend the Vehicle and Traffic Law and
the Transportation Law.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
4634
bill aside.
THE SECRETARY: Calendar Number
1248, by Senator Larkin, Senate Print 5676A,
an act to authorize the Commissioner of the
Department of Transportation.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1253, by Senator Rath, Senate Print 1290,
Concurrent Resolution of the Senate and
Assembly.
SENATOR DOLLINGER: Lay that
aside too.
ACTING PRESIDENT MEIER: Lay it
aside.
THE SECRETARY: Calendar Number
1254, by Senator LaValle, Senate Print 1842A,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4635
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1255, by Senator Farley, Senate Print 2214, an
act to amend the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR DOLLINGER: Thank you.
THE SECRETARY: Calendar Number
1256, by Senator Lachman, Senate Print 2965,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MEIER: There is
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
4636
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1257, by Senator Paterson, Senate Print 3200,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MEIER: There is
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1258, by Senator Kuhl, Senate Print 3247, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MEIER: Read the
4637
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1259, by Senator Farley, Senate Print 3997A,
an act to amend Chapter 334 of the Laws of
1998.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4638
1260, by Senator Spano, Senate Print 4115, an
act to amend Chapter 666 of the Laws of the
1990.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1261, by Member of the Assembly Weinstein,
Assembly Print 7708, an act to amend the
Family Court Act and the Civil Practice Law
and Rules.
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1262, by Senator Nozzolio, Senate Print 4464,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
4639
last section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1263, by Senator Trunzo, Senate Print 4485, an
act to amend the Public Authorities 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1264, by Senator Hannon, Senate Print 4696, an
4640
act to amend the Public Health 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1265, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
8073, an act to amend the Public Authorities
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, 38.
ACTING PRESIDENT MEIER: The bill
4641
is passed.
THE SECRETARY: Calendar Number
1266, by Senator Marchi, Senate Print 4889A,
an act to amend the Business Corporation 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1267, by Senator Leibell, Senate Print 5450,
an act to amend the Public Officers 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, 38.
4642
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1268, by the Senate Committee on Rules, Senate
Print 5627, an act to amend the Tax Law.
SENATOR DOLLINGER: Lay it aside,
Mr. President.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1269, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
8151, an act to amend the Environmental
Conservation 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4643
1271, by Senator Marcellino, Senate Print
5657A, an act to amend Chapter 600 of the Laws
of 1993.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1272, by Senator Maltese, Senate Print 5694,
an act to amend the Public Authorities 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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1273, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
8349A, an act to amend the Public Authorities
4644
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1275, by Senator Saland, Senate Print 5724, an
act to amend Chapter 55 of the Laws of 1992.
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, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4645
1276, by Senator Johnson, Senate Print 5761,
an act to authorize the North Babylon Union
Free School District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1277, by Senator Morahan, Senate Print 5771,
an act to amend the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
4646
is passed.
THE SECRETARY: Calendar Number
1278, by Senator Morahan, Senate Print 5800,
an act to amend the Social Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Senator
Stachowski.
SENATOR STACHOWSKI: Yes,
Mr. President. I'd like to get unanimous
consent to vote in the negative on Calendar
1276.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar Number 1276.
Senator McGee.
SENATOR McGEE: Thank you,
4647
Mr. President. Now may we have the
controversial reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
972, by Member of the Assembly Smith -
SENATOR McGEE: Lay it aside
temporarily, please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1107, by Senator Maltese, Senate Print 3525A,
an act to amend the Election Law.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Maltese, an explanation has been requested by
Senator Dollinger.
SENATOR MALTESE: Mr. President,
current election law does not provide a
specific time limitation to bring challenges
as to the form and content of the ballot. At
the request of the State Board of Elections,
this legislation was put -
ACTING PRESIDENT MEIER: Excuse
4648
me a moment, Senator Maltese.
Can we have some order in the
chamber so that the stenographer can hear and
so that the rest of us can hear.
Senator Maltese.
SENATOR MALTESE: At the request
of the State Board of Elections, this
legislation was put in last year, and it
passed at that time 57 to 1, with my good
colleague Senator Dollinger in the negative.
After reflection and having the -
in consulting with both Senator Dollinger and
Senator Hevesi, the -- we assured Senator
Dollinger that in fact the three-day period
does not affect any proposed -
ACTING PRESIDENT MEIER: We're
trying to conduct a debate. And I'd wish
people would take conversations outside the
chamber if they're going to have them.
Senator Maltese. Excuse me for the
interruption, but go ahead.
SENATOR MALTESE: That's quite
all right.
-- does not affect any proposed
amendment or constitutional question which
4649
would -- which is still governed by the 14-day
provision.
SENATOR DOLLINGER: Mr.
President, just to clarify, the -
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield for a question?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: The three-day
period in this bill, would it affect
propositions in local elections, local ballots
that would be referendums in the County of
Monroe or in Queens County or some other
place, but the state constitutional process
where the form of propositions that go on the
ballot would still be subject to a 14-day
period in which to challenge the content or
the form of the proposition?
SENATOR MALTESE: That's correct.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman -- I'm sorry, Senator Hevesi.
That's a compliment, sort of.
4650
SENATOR HEVESI: Thank you for
the compliment, Mr. President.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Mr. President,
when this bill came through the Elections
Committee, there was, in specific, one
technical problem with the legislation which
had at that time flawed an otherwise good
piece of legislation. We brought that to the
attention of Senator Maltese, who chairs the
Elections Committee, and he has incorporated
that minor but significant change in this
legislation.
And I simply wanted to rise to
recognize that this is a minor but terrific
example of putting policy out of politics,
putting aside the partisanship that
unfortunately brings to stagnation here the
process up in Albany. And this should stand
as a small model of how we should conduct our
affairs.
So, Senator Maltese, I intend to
vote in support of this bill, and I applaud
4651
you for your efforts to make sure that the
legislation that comes out of your committee
is the best possible legislation.
Thank you, Mr. President.
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, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1236, by Senator Trunzo, Senate Print 4762, an
act to amend the Vehicle and Traffic Law and
the Transportation Law, in relation to
authorizing.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Trunzo, an explanation has been requested of
Calendar 1236 by Senator Dollinger.
SENATOR TRUNZO: Mr. President,
4652
this bill provides that -- the DOT currently
has only one sign fabrication shop, which is
located in Hamburg, New York. And what this
bill does is allows the Department of
Transportation to enter into agreements for
the production of signs for traffic control
devices to state agencies, public authorities
and other public political subdivisions, so
that they don't have to go out of state to
have their signs made, they can be made within
the state of New York.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President. Senator Trunzo, will you yield
to a question?
ACTING PRESIDENT MEIER: Senator
Trunzo, do you yield for a question?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: As I
understand it, there's only one shop in the
state that has the ability to produce these
signs, the highway signs and road traffic
4653
signs.
SENATOR TRUNZO: That's what it
seems. The Department of Transportation has
its own sign shop in Hamburg, New York, and
many other subdivisions of government that
have to have traffic signs made of one sort or
another, a lot of them go out of state to have
them done -- for whatever reasons, I don't
know.
But this would permit the State
Department of Transportation to charge the
local governments for their signs and produce
signs for our local governments.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Trunzo would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Doesn't this
create a monopoly for that particular branch,
and won't it eliminate private-sector
competition? Can't private-sector companies
4654
produce these -
SENATOR TRUNZO: Not necessarily.
Not necessarily. Because what would happen
here -- I mean, they could use the DOT sign
fab shop, but if -- if the -- from what I
understand, they are also working pretty well
to capacity.
This is not a mandated bill that
they have to do it, so the municipality can go
otherwise, other than to the State Department
of Transportation to have their signs made.
So it's not a monopoly in that sense.
SENATOR DOLLINGER: Again,
through you, Mr. President. I'm having some
difficulty hearing Senator Trunzo.
Do I understand correctly that
other companies will still be allowed to
produce these signs and if a municipality or
even the State of New York, for that matter,
wants to purchase those signs, that they could
do that?
My concern -- through you,
Mr. President -- is that, you know, we've
talked about privatization of some of these
things. I mean, is this -- are we going in
4655
the other direction here, just so I understand
this?
SENATOR TRUNZO: They can still
do whatever they're currently doing and have
other companies produce their signs. It's not
becoming a monopoly in that sense. They have
a choice.
SENATOR DOLLINGER: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Will private
individuals other than municipalities be able
to buy these signs as well?
SENATOR TRUNZO: No. I think
this is strictly for municipalities to be able
to have -- at least at a cheaper cost to have
their signs prepared, rather than paying
somebody else.
I mean, it's still a question of
whether or not the Department of
Transportation sign shop can really handle all
4656
the work that may be given to them. They're
not sure of that either, because they are
working pretty well to capacity.
But this merely leaves an item
open -- it's not mandatory that they buy from
the State Department of Transportation sign
shop. They can still buy from anybody they
want. And whether or not the state Department
of Transportation can actually be able to
fulfill an order becomes another question
which, you know, each municipality would have
to work on their own.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Trunzo will continue
to yield for, I think, just one more question.
ACTING PRESIDENT MEIER: Senator
Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Do we have
any estimate of how much they would anticipate
to sell and, if so, what we do with that
money?
SENATOR TRUNZO: No, not at this
4657
point. I don't have any figures on that item.
All this does is just give them the
authority to utilize the sign shop. Because
right now the only ones that can utilize it is
the Department of Transportation. Other
municipalities cannot, or any other public
subdivision cannot utilize the DOT sign shop.
So this opens it up.
And again, it's not mandatory that
they go to the DOT sign shop. It's a matter
of, again, preferential treatment within their
own municipality, whichever way they want to
do it. It gives the Department of
Transportation merely the authority to do this
type of work for other subdivisions of
government if they chose to do it.
SENATOR DOLLINGER: Okay,
Mr. President. I think I understand Senator
Trunzo to say that this bill does not require
anybody to buy, this simply allows the
Department of Transportation to enter into
contracts with municipalities.
Could they also enter into
contracts with other states if they could
produce them for other states?
4658
SENATOR TRUNZO: Well, right now
I believe not. It's merely within -- they're
only doing it within our local subdivisions,
political subdivisions.
SENATOR DOLLINGER: So -- again,
through you, Mr. President, so what this would
do is -
ACTING PRESIDENT MEIER: Senator
Trunzo, do you continue to yield?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: -- attempt to
consolidate the sign-making functions
throughout New York State, or give us the
opportunity to sell them to other
municipalities throughout the state?
SENATOR TRUNZO: Correct.
SENATOR DOLLINGER: Thank you,
Mr. President. I have nothing further.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 180 days.
ACTING PRESIDENT MEIER: Call the
4659
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1248, by Senator Larkin, Senate Print 5676A,
an act to authorize the Commissioner of the
Department of Transportation to transfer and
convey.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, an explanation has been requested of
Calendar 1248 by Senator Dollinger.
SENATOR LARKIN: Mr. President,
this is a very simple bill. The property is
owned by the Department of Transportation.
And there are certain segments of the Stewart
Airport that have been given to historical
preservation.
In view of the fact that the state
land is going to be transferred to a private
entity, the Historical Society wishes to
continue those properties on the side of the
airport -- it's actually on Route 207. The
4660
Historical Society will take the property,
will maintain it at no cost to us. It's very
important to the Orange County Historical
Society.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr. Preside
nt, will Senator Larkin yield for a couple of
questions?
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR LARKIN: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: This appears
to be a wonderfully beneficial purpose to
transfer this building.
My question is, is this a
two-thirds bill that would require the assent
of two-thirds of the Legislature, because
we're actually transferring a state asset to a
nonstate agency?
I think, Senator, just by way of
explanation, that the State Constitution says
4661
that before either the Senate or the
Assembly -- because these are public assets,
bought and paid for by the people of the State
of New York, with their tax dollars -- before
we can transfer those to some other entity
which is not a governmental entity -- as I
understand it, this is a historical society -
my question is that the people of the State of
New York, I believe back in the 1840s, put in
a provision that said under those
circumstances -
SENATOR LARKIN: I wasn't here,
Richard. I don't know.
SENATOR DOLLINGER: Well, I
didn't start my term before then either. But
they put in a provision that says you need
two-thirds approval.
Is this one of those instances
where we need that?
SENATOR LARKIN: I don't think
so, Richard. Because if these facilities are
not transferred, the new owners of the land
will demolish the buildings.
The Historical Society, which has
monitored these buildings for the last twenty
4662
years, would like to see them continue. So
would we. But the new owner says he has no
obligation to maintain them. The Historical
Society has come up and said we'll take them,
we'll refurbish them, and they will be there
forever and ever.
I think this is a very good
venture, rather than having the buildings
demolished.
SENATOR DOLLINGER: Again,
through you, Mr. President.
I want to make it clear to Senator
Larkin, I agree with you completely. I think
this is the right thing to do to preserve
these buildings.
But my question -- again, through
you, Mr. President -- is this a bill that
needs the two-thirds vote? Because for the
exact reason that we're giving this, something
bought with taxpayer money, we're giving it to
somebody who's going to use it for a good
purpose. We don't want to interfere with that
purpose. I'm going to vote in favor of this
bill. So if we need two-thirds, you've got my
vote to help get you there.
4663
But this is an instance in which
the State of New York, through its own
taxpayers, have bought an asset and they're
going to transfer it to something that is not
a part of the State of New York. And the
Constitution says that in those instances,
we're going to require a higher level of votes
to do it.
And my question is, is this one of
those cases?
SENATOR LARKIN: I don't believe
so, Richard. But I can't see why we couldn't
get a hundred percent vote in this house.
But the other point about it is in
the last paragraph, if you look on the bill
there, we're saying if for some reason the
Historical Society ceases to want to maintain
it all, that building or that portion of it
reverts back to the state.
SENATOR DOLLINGER: I appreciate
Senator Larkin's point, Mr. President. And I
want to make it again clear I don't think
anybody on this side of the aisle -- or, for
that matter, what appears to be a very
meritorious bill, a bill that preserves a
4664
building and an operation that has some
historical significance in Senator Larkin's
district. That seems to me to be a great
thing to do, the right thing to do.
And there are times when we in the
state of New York can say that even though
these assets have been bought by our
taxpayers, nonetheless we're going to decide
that there's a beneficial way to transfer them
to another entity that will take care of them
and, frankly, relieve us of the maintenance
cost and the upkeep cost, which is another
good reason to transfer these properties.
But -- and I simply rise to make
this point, Mr. President -- this is a bill
which would require a two-thirds majority in
this house, for the exact reason that I
discussed with Senator Larkin. The people of
this state put in their Constitution a
provision that said in those instances in
which we transfer state-purchased assets to
nonstate entities, we want the elected
officials to take an even closer look, to
require a two-thirds majority.
This is one of the those instances.
4665
I know Senator Larkin perhaps wasn't versed on
this issue when I asked him. But if we run
into other bills this year that deal with this
question, it's my intention to raise this
issue.
I would urge all of my colleagues
on this side of the aisle to vote for this
because it's a good idea. This is the right
thing to do. But I think it's important to
establish the proposition that this specific
instance is one in which the people of the
State of New York had said take a more careful
look. When you take a careful look at this,
it's justified.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
4666
THE SECRETARY: Calendar Number
1253, by Senator Rath, Senate Print 1290,
Concurrent Resolution of the Senate and
Assembly Proposing Amendments to Article 9 of
the Constitution.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, an explanation has been requested of
Calendar 1253 by Senator Dollinger.
SENATOR RATH: Yes,
Mr. President.
Senator Dollinger, this bill will
provide for amending the New York State
Constitution, making compliance with new
unfunded state mandates voluntary for local
governments and school districts.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: This is
the -- Senator Rath, I believe this is the
unfunded-mandate bill that we've done other
times.
Through you, Mr. President, if
Senator Rath will yield for a couple of
4667
questions.
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for a question from Senator
Dollinger?
SENATOR RATH: Certainly.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Could you
just give me, Senator Rath, a couple of the
unfunded mandates that this Constitutional
amendment would specifically prohibit us from
imposing?
SENATOR RATH: I think we're
talking right now prospectively, not
retrospectively, Senator Dollinger.
SENATOR DOLLINGER: Again,
through you, Mr. President, if Senator Rath
will continue to yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Well -- and I
appreciate that we're talking prospectively.
4668
But obviously this bill originates in the
notion that we've done something wrong in the
past that we would like the people to prevent
us from doing in the future. What is it that
we've done wrong in the past that we shouldn't
do in the future?
SENATOR RATH: Senator Dollinger,
I -- let me give you some examples of what we
hear when we go back home and talk to our
businesspeople in our communities. The first
thing they will say -- and they don't have any
specifics either -- they'll talk about
unfunded mandates.
And it has to do, I believe, with
the confidence level that our businesspeople
and our citizens have in relation to the fact
that the state can do unto them without having
them be willing to agree to what we say needs
to be done unto them.
This would make it optional and
voluntary for them to comply. The provision
also puts in place a council that would
mediate what might be discussions that we're
trying to identify what an unfunded mandate
was.
4669
SENATOR DOLLINGER: Okay.
Through you, Mr. President.
We have a bill on the calendar,
1255, Senator Farley's bill, which deals with
the issue of vacation benefits. That is, they
would say to employers throughout this state
that if an employee leaves, then -- and they
get vacation benefits, they could collect
unemployment insurance while they're
collecting their vacation and severance
benefits.
Is that the type of unfunded
mandate that this would abolish, that we
couldn't pass those kinds of unfunded mandates
against businesses?
SENATOR RATH: I think that there
would have to be an issue-by-issue discussion
of how that was going to be implemented. And
I believe that the council that we refer to in
this bill would be able to take that up.
SENATOR DOLLINGER: But -- again,
through you, Mr. President -
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Yes.
4670
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: That mandate
would apply to municipal employers as well;
isn't that correct?
SENATOR RATH: I think the
question that we're going towards is that
we're not really trying to prohibit the New
York State Legislature. We're giving the
municipalities the option.
SENATOR DOLLINGER: Again,
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Certainly.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Does that
mean that we'd be in a position where if this
Legislature passed a law our local communities
wouldn't have to follow it?
SENATOR RATH: Did you come from
a county Legislature, Senator Dollinger?
SENATOR DOLLINGER: Is Senator
Rath asking me to yield, Mr. President?
4671
SENATOR RATH: I'm asking you
to -- if he would yield to a question.
SENATOR DOLLINGER: I'd be glad
to yield while I've got the floor.
SENATOR RATH: Did you answer?
SENATOR DOLLINGER: The answer is
yes, I did.
SENATOR RATH: To answer your
question, then, as I looked through my bill
packet and ran into a memorandum of -- a
resolution, rather, from the Erie County
Legislature, I noted that all of my colleagues
on the Democrat side from that Legislature
sent this through. And so I would think that
they probably see some benefits, as many of us
from every county Legislature across this -- I
was going to say "country," but across this
state have indicated that unfunded mandates
are the bane of the existence of local
governments.
The effort here, to try to get a
handle on this while putting in a fail-safe by
way of a council for review -- and judicial
review beyond the council -- I think speaks to
what we have talked about in western New York
4672
so thoroughly, the opportunities that we need
to be able to compete not only in New York
State but throughout the United States and
indeed globally, when we find our tax
structure to be so -- so much of a
disincentive.
And of course, the minute you start
talking with local governments -- and I talk
to a lot of them as chairman of the Local
Government Committee -- the question is always
two or three things, and right near the top of
that list are unfunded mandates.
SENATOR DOLLINGER: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: What would
happen if we passed a law that said every
county, such as you came from, as -- I came
from the Monroe County Legislature, you came
from the Erie County Legislature -- had to
hold a referendum on its budget, a voter
4673
referendum, which would mean they'd have to
have a special election? Which at least in
Monroe County probably costs, oh, a half a
million or a million dollars. That was our
mandate: before you raise your taxes, you
have to have a referendum.
Under your bill, would that
unfunded mandate for an election be subject to
county choice?
SENATOR RATH: Senator Dollinger,
I believe that if the county legislators felt
that they wanted to make that decision, they
would have to deal with their constituents on
that kind of a level.
Because, frankly, I think we're
coming to the point not only with county
budgets but with school budgets and indeed the
state budget as to what level of service do we
expect and are we willing to pay for. And I
believe that if we don't start to work with
the electorate at the various levels that we
deal with them, then the confidence and the
trust that we expect as their representatives,
as we represent them, will be missing. And I
think you would find a lot of people who would
4674
say "Just give me a chance to vote on that
budget."
And this is that double-edged sword
that cuts both ways, the sword that says we
know best, let us do it for you, or the folks
out there who are paying the bills saying, oh,
no, no, we know what's best, we want to tell
you.
And I think we have to enjoin that
debate. I don't think we can ignore that and
walk away from it anymore.
SENATOR DOLLINGER: Again,
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Yes.
ACTING PRESIDENT MEIER: Senator
Rath yields.
SENATOR DOLLINGER: Would your
bill also apply -- would this Constitutional
amendment also apply if this Legislature
decided to take away the taxing power of a
municipality? Would they have the choice
whether to adhere to our bill or not?
For example, let's say we repeal
4675
the commuter tax for the largest city in the
state. That's the flip side of an unfunded
mandate. That's telling them they can't tax
people anymore. Would you leave that to the
option of the City of New York as to whether
or not that bill would apply to them?
Because under your logic, of
course, local communities should have
knowledge, input, understanding, the ability
to say to the state Legislature, "Don't meddle
in our affairs"; isn't that correct?
SENATOR RATH: I believe, Senator
Dollinger, that the examples that you cited
would not in my mind constitute unfunded
mandates.
SENATOR DOLLINGER: Again,
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Suppose we
told them that, instead of taking away their
taxing power, that they had to pay for
4676
something they didn't want to have to pay for?
Your bill would apply in that case, wouldn't
it?
SENATOR RATH: If there's
something that we're telling them that they
have to pay for and they are looking for the
kinds of flexibility and the opportunity to
say to their taxpayers "We don't need this,
and we don't think we should cause your taxes
to go up in order to pay for what the State of
New York in its wisdom says we should be
paying for," I think that's a compact between
the local governments and their taxpayers.
SENATOR DOLLINGER: One final
question, Mr. President, if -
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for one final question?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: This bill
creates a conference on local mandates or a
council on local mandates; isn't that correct?
SENATOR RATH: Yes, it does,
Senator.
4677
SENATOR DOLLINGER: And when
bills get passed by this Legislature, that
council would then entertain public criticism
of them or comment on them; is that correct?
SENATOR RATH: They would, in my
understanding of the council, be the recourse
for debate as to what constitutes an unfunded
mandate.
SENATOR DOLLINGER: And what is
the power of the council if it determines that
it is an unfunded mandate?
SENATOR RATH: The council then
responds back to the state in relation to the
definition. And it also would be subjected to
judicial review by either the local
government -- the local judge or the state
judge, depending on what the issue was.
SENATOR DOLLINGER: And does your
bill -- again, through you, Mr. President,
just for clarification. Does your bill give
the judiciary the power to say that it's an
unfunded mandate and therefore it's not
applicable unless the local community decides
to take it?
SENATOR RATH: Let me check with
4678
counsel on that power there.
The power -- counsel advises that
yes, it gives the court the power to advise as
to whether it is an unfunded mandate or not.
SENATOR DOLLINGER: And again,
final question, Mr. President, just in the
concept.
If they decide that it is an
unfunded mandate, what happens then?
SENATOR RATH: Then the town or
whichever the government might be has the
opportunity to voluntarily comply or not.
SENATOR DOLLINGER: Okay. Thank
you, Mr. President. I'll just address the
bill for one quick second.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: This is one
of those bills that has a tremendous cachet
among those of us in political life, but when
you get right down to the nuts and bolts
there's not a lot to it.
Senator Rath, I appreciate your
comment about unfunded mandates. I've heard
criticism of unfunded mandates till I'm blue
4679
in the face, until I suddenly say "Which one?"
It's almost like being at the kitchen table
when I was a little kid and my mother used to
say "Eat your food, there are people who are
starving." And I would say "Who?"
Which one? Which unfunded mandate
is this bill designed to cure? Where are all
these unfunded mandates? And what I find is
when you look at them, they're statewide
policies that this Legislature said it was a
good thing to do regardless of who paid for
it.
And what I would be very leery to
do if I were a Majority member -- I've never
been a Majority member in this house. But if
I were a Majority member, I'd be extremely
leery before I gave to anyone -- whether it's
a council on local governments appointed by
the Senate and the Assembly or anyone else, I
would be very reluctant to give the power to
decide what's good public policy to anyone
other than the people who are elected in this
chamber.
Senator Rath, you properly point
out that what can happen if a bill goes to the
4680
council on unfunded mandates, the local
communities can come in and complain. I would
suggest that those local communities are best
served by coming in here and complaining. And
that if there are unfunded mandates -- and
again, I'd point this out to everybody in the
house, because it seems to me to be the one
undisputable fact. All -- every unfunded
mandate created by the State Legislature in
the last 35 years has been endorsed by the
Republican Majority. Not one has become law
without the vote of everyone on that side of
the aisle.
So we're back to that analogy I
talked about yesterday. Remember I talked
about Borrowers Anonymous, "Please stop me
from the addiction of borrowing money"? Well,
now we are in Mandates Anonymous. What we're
saying is we've got all these horrible things
we've told local governments to do, and please
stop us from doing it in the future to the
people of the state of New York, because we
can't trust ourselves to decide what the right
thing to do is.
Senator Rath, I appreciate this
4681
bill. I understand what drives it. But when
you peel it all away like the onion and you
get right to the base, frankly there's not
much there. And what you're in essence saying
is that you don't trust yourselves.
I think the people of the State of
New York can trust this Majority. If you pass
an unfunded mandate, you ought to be
criticized for it. If you don't pass them,
you shouldn't be. Let's leave that power
right here in this chamber. Let's not create
another level of the government to review
these, let's not create another council, let's
not create another entity that will somehow
tell this Legislature they're right or wrong.
The people gave us that power. They trust our
judgment.
And I agree with you, Senator Rath.
If we pass too many unfunded mandates, they'll
be calling your office, they'll be out in the
polls voting against you and voting against
me. That's where the power ought to be.
That's where we ought to keep it.
This bill has a political cachet.
When you peel it all down, it's -- really,
4682
there's nothing there. And I think I trust
this body to decide what an unfunded mandate
is or it isn't, and I leave that judgment best
where it should be, right here.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: To conclude the
discussion, I don't see any other
colleagues -- although there may. But the
point -- one of the points that Senator
Dollinger made a moment ago caused me to
realize that I had neglected to say earlier
that when this appears on the doorstep, if you
will, of the local government, it does not
preclude them from providing the service. But
if it's an unfunded mandate, it has the State
of New York paying for it. And I think that's
where the rubber really hits the road on this
one.
ACTING PRESIDENT MEIER: Senator
Duane.
Senator Duane passes.
Senator Marchi.
SENATOR MARCHI: Mr. President,
no, I think that Senator Dollinger has raised
4683
a meritorious consideration. And there is a
question -- I don't know whether this
Constitutional amendment was in place when we
provided for compulsory education. It's often
been cited as an unfunded mandate, which we
then began to implement either in satisfactory
or unsatisfactory ways.
It became an issue, I remember,
when Governor Dewey -- and I was not a member,
but I had been counsel when they established a
$2,000-a-year minimum salary for teachers
throughout the state. And that came into
play, and it was ultimately upheld.
It came into play again when they
were shifting 12-hour days for emergency
services to an 8-hour day. And that led to
litigation.
Nevertheless, Senator Rath has
suggested a methodology here that is worth
exploring and advancing, which is to get in
this on a more knowledgeable basis and more
solid footing. I agree in substance with
Senator Dollinger; if we pass it, there is a
superior purpose served, and we indeed should
have that become law. And it may create that
4684
onus towards applying the money under
circumstances.
But I believe that this is a
positive step forward to at least putting it
under the jeweller's eye and -- and give us a
little more criteria that's solid and
appropriate to the circumstances. So I
support this bill, Senator.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Not
Senator Hevesi, Mr. President.
ACTING PRESIDENT MEIER: I can
tell you apart. You're the one with glasses.
SENATOR SCHNEIDERMAN: If the
sponsor would just yield to a question, a few
questions.
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for a question?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR SCHNEIDERMAN: Yes, thank
you.
My question is if this bill were
4685
enacted into law and we changed, for example,
state requirements for water quality that was
to be maintained by all the local governments
of the state, would that constitute an
unfunded mandate that counties and local
governments could opt out of?
SENATOR RATH: If the dollars
were required, I think that the discussion
then would come back in relation to the
public-safety responsibilities that we have as
a government. And I think that the local
government, if we changed that and upped the
level of the -- that's what I assume you're
saying, if we increased the level of
responsibility for water quality and it cost
the local government more money in order to
implement those costs.
I think if the local government -
beyond the safety question, beyond how safe is
safe, then I think the discussion has to come
in do you want to pay more money for -- let's
say it was for adding fluoride or adding
something else to the water so that everyone
in the community would have it. I think that
that should be a local decision.
4686
SENATOR SCHNEIDERMAN: So under
those circumstances, then, we could have
different local governments in a checkerboard
pattern, some enforcing higher standards and
some enforcing lower standards as a result of
this law; is that correct?
SENATOR RATH: If it's an
unfunded mandate and we're beyond the health
level, the criteria of health, I believe that
the people of the various communities would
make the decision that was appropriate. And
there would need to have been a good deal of
education and conversation with their local
people in the meantime.
SENATOR SCHNEIDERMAN: And would
the same apply -
ACTING PRESIDENT MEIER: You're
asking Senator Rath to continue to yield?
SENATOR SCHNEIDERMAN: If the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
sponsor yields.
4687
SENATOR SCHNEIDERMAN: Would the
same applying to enforcement of the civil
rights laws if we enacted new provisions of
the civil rights laws that might require some
expenditure of funds for enforcement? Is that
also something that local governments could
opt in or out of under this bill?
SENATOR RATH: The civil rights
issue of this had not come into any of the
discussions that we had had. Let me check
with counsel and see if we have some thoughts.
Okay, one of the parts of the
memorandum that was not just under my eye, if
it's in relation to a federal law, no, it
would not apply.
SENATOR SCHNEIDERMAN: I'm sorry,
I'm not sure I understand.
If we enacted, just hypothetically,
in the remote possibility, a civil rights law
protecting people from discrimination based on
sexual orientation, and that required
additional expenditure of funds for
enforcement -- state law -- would that be
something that counties could opt out of and
local governments could opt out of?
4688
SENATOR RATH: The issue of doing
this by state law rather than federal law -
again, let me go back and double-check.
If the cost was, to a local
government, an inordinate cost, the state can
always go back and pay for it. If it's an
unfunded mandate, found to be an unfunded
mandate, the state wants it, it goes through
the process with -- the court process that I
explained a few minutes ago, the state would
be responsible to pay for it.
SENATOR SCHNEIDERMAN: So if the
sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR SCHNEIDERMAN: Just to
make sure I understand, in the absence of
additional funds provided by the state, if we
did change the civil rights law, different
local governments could opt out under this
provision; is that correct?
SENATOR RATH: They would have to
4689
go back to their people and decide if they
wanted to opt out.
SENATOR SCHNEIDERMAN: Okay,
thank you.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: Thank you.
I think that Senator Stafford spoke eloquently
yesterday about how we shouldn't be creating
new bureaucracies, new levels of government.
And I find it somewhat remarkable today that
we're proposing legislation that would create
a whole new layer of government in between the
state legislature and the local governments of
the State of New York.
It is the -- it is -- we're elected
by the same people that elect local
governments. We're responsible to them in the
same way the local governments are. I do not
believe and I do not cede the title of being
more fiscally responsible to any of the local
governments that I represent.
I think it's our obligation as the
State Legislature to take fiscal impact into
4690
account, but I think this law would set up a
very dangerous, unprecedented system allowing
local governments to opt out in perhaps
well-intentioned efforts to be more
competitive or whatever they perceived it to
be.
The fact of the matter is that
local governments around the state now are
providing a variety of services and enforcing
lots of state laws. And I'm not sure how you
would divide up what portion of the money they
get from the state goes to what service and
what doesn't.
I think that we have a system now
that allows the state to set policy. The same
people that elect the local governments elect
us. If we are not providing the resources for
proper enforcement, I think we're accountable
in the same way the local government is
accountable.
But the notion that the Majority
all of a sudden wants to institute this layer
of bureaucracy between the elected legislators
of the State of New York and the local
governments also elected by the people of the
4691
State of New York, I find to be quite amazing.
I think that this is something that even many
of my pro-big-government constituents on the
west side of Manhattan would find to be too
much.
And I urge all to vote no against
this bill.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Will the
Senator yield, Mr. President, for -
ACTING PRESIDENT MEIER: Senator
Rath, do you yield for a question?
SENATOR RATH: Surely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LACHMAN: I understand
what you're trying to do, as Senator Dollinger
has intimated. And by and large, it could be
a positive venture.
But have you considered, Senator
Rath, the possibility of the diminishing of
the authority of this body by eliminating any
flexibility in this legislation -
SENATOR RATH: We -
4692
SENATOR LACHMAN: -- the body of
the State Legislature?
SENATOR RATH: We did check with
the Attorney General and have an opinion that
the -- it will constitute a restriction of the
general legislative powers as well as the
power of the Legislature pertaining to the
appropriation and expenditures and use of
monies.
Frankly, Senator, I think that
that -- some of that is good. I think that
limiting some of the powers is good. Having
spent 17 years in a county legislature and no
recourse, none, as to what we had to spend
money on while the state was taking away
revenue-sharing and we were still expected to
provide the services, I think having a place
to go and some way for relief, because the
government being the closest to the people -
which many of us use as a mantra, being the
government which is best for the people -- the
frustration in local governments on this issue
is very, very measurable throughout the state.
SENATOR LACHMAN: Mr. President,
through you, may I continue? Senator Rath?
4693
ACTING PRESIDENT MEIER: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
SENATOR LACHMAN: Thank you
kindly.
I would agree with you, Senator
Rath, that some of it is good. But as I read
the bill and as I understand the bill, some of
it might not be good in the future, and at the
same time we eliminate the flexibility that we
have now where the legislator -- the
Legislature and the legislators are the
dominant focus here so that we can step in
when some of these voluntary mandates appear
not to be good.
So what I'm saying is I would agree
with you on some of this, but I really can't
agree that -- a sweeping measure such as this
in my opinion diminishes the authority, if I
can say it, of this august body, the New York
State Senate.
SENATOR RATH: The situation of
this Legislature needing to send the dollars
if it sends the responsibility has been
something that I have been asking for for
4694
probably half of my adult life, my adult
public life. And frankly, Senator, if this
should become the law of the State of New
York, I'm sure that, as some of my colleagues
on the other side have indicated, there would
be challenges to this.
And frankly, I think that that
would be a good thing. Because I think the
people need to get a little more involved with
their government and making some decisions in
relation to the kinds of levels of service
that they demand and what they're willing to
pay for through their tax dollars.
And our taxing ability is so vast
compared to what local governments are. They
go back to the property tax, and immediately
it becomes counterproductive, because
businesses, et cetera -- coming from where I
come from in the state may have something to
do with my opinions on this issue.
But frankly, I would welcome
interaction with the electorate at all
levels -- not only our level, but making and
causing the people in county legislatures and
town boards and village councils to be part of
4695
the discussion of what they expected from us
and what they expected to be paid for and what
their people expect by way of services.
SENATOR LACHMAN: Mr. President,
one final question, if Senator Rath yields.
ACTING PRESIDENT MEIER: Senator
Rath, do you yield to another question?
SENATOR RATH: Sure.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LACHMAN: I'm listening
to what you're saying, Senator Rath, and I
agree with a great deal of what you're saying
in terms of allowing these local mandates.
But I foresee the possibility, even the
probability, that this Legislature might find
great difficulty in passing a bill that is so
ironclad that it removes our involvement
completely.
SENATOR RATH: I think the flip
side, Senator, of what you're saying is that
this Legislature would find itself in a
position of having so much pressure out there
brought to bear by the electorate that the
circumstances that you point out might
4696
become -- yes, that could happen.
SENATOR LACHMAN: Or the need
that we foresee that some legislation on the
local arena might not be in consonance with
the goals of this State Legislature.
SENATOR RATH: Oh, yes.
Senator, I think we can pursue this
intellectual debate, because it's very
interesting, yes.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Briefly, I
wanted to commend Senator Rath for her noble
intention of trying to protect local
governments and municipalities from the pain
which they feel from time to time as a result
of actions which we take.
And without reiterating many of the
arguments that have been made here, I oppose
this legislation on a few grounds. One, I'm
very leery of this additional bureaucratic
4697
mechanism that we're going to put in place.
We are the elected representatives of the
people. There doesn't need to be this
intermediary between local governments and
state government; we are that intermediary.
And to the extent that
representatives of local governments feel that
they have been treated unfairly by the state
on this issue, they should make their voices
heard in this body and prevent such pain from
being felt by their constituents.
Secondly, I'm very concerned, as
Senator Schneiderman pointed out, with the
potential that we have here for all kinds of
strange results coming from the voluntary
implementation once this council would have
deemed it to be an -- any provision to be an
unfunded mandate. And particularly with the
civil rights issue, you could have all kinds
of checkerboard, as he said, enforcement,
which is absolutely anathema to what we want
to do here.
And, thirdly, who knows what could
be perceived as an unfunded mandate? What
this opens the door to really is something
4698
that we all need to be concerned with.
And just finally, on the concept of
unfunded mandates in and of itself,
municipalities are a creation of the state -
the State Legislature, the State Constitution.
And I daresay, as strange as this may sound,
that if we choose in this house, in the
Assembly, with the consent of the Governor to
require a municipality, a local government to
fund something that we require and don't
provide the funding for, that we should have
the right to do that. Period. Flat out.
And that if this was to become law,
that we will have severely restricted the
power of this body in ways that I don't think
we can even conceive of now, that will tie our
hands as we are trying to implement policies
that are beneficial to the state.
So just on the concept of unfunded
mandates, while we need to be very careful in
what we do in causing adverse impacts for
local governments and potentially forcing them
to raise taxes or reduce their own spending to
contend with what we do here, that's not in
and of itself reason to restrict the power of
4699
state government to impose those mandates.
And so for that reason, for the
other reasons that have been articulated, I
oppose this legislation.
But I do think that Senator Rath
brings to our attention and raises our level
of consciousness about the need to not
unfairly impact local governments. It's
something that we certainly should be
cognizant of, and I wish that there were some
way to strike a balance between what we're
trying to do here and the problem that exists.
Unfortunately, as often exists in
government, a piece of legislation that you
see that is well-intentioned may have adverse
impacts in and of itself. And therefore, I am
not in a position to vote in favor of this
bill.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr. Preside
nt, I rise for the second time on this bill.
Just for the edification of my
colleagues -- and I appreciate their
4700
comments -- I'd point out, Senator Rath, that
there are three bills that you could vote no
on to prevent unfunded mandates.
If you look at Senator Spano's bill
that allows people to buy into a previous year
of their retirement system, the City of New
York's put in a memorandum that says this is
going to increase the administrative cost and
increase the contribution cost. That is an
unfunded mandate. You've got the perfect
opportunity to put your Constitutional
amendment in effect. We don't even need the
people's authority. You can do it now. Vote
no.
And the last two bills on the
calendar, Senator Morahan's bills, both of
which deal with disabled children and social
service groups -- that require them in one
case, even though they age out, require the
social service organizations to continue to
allow them to go to school, that's an unfunded
mandate. Vote against that. Or if you want
to do it with the medical-assistance payments
for residents of certain adult-care
facilities, requiring the counties to pay for
4701
it, vote against that.
We have the perfect opportunity to
end unfunded mandates without the people's
approval. Vote no.
ACTING PRESIDENT MEIER: On the
resolution. The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1253 are
Senators Connor, Dollinger, Duane, Hevesi,
Lachman, Montgomery, Onorato, Paterson,
Santiago, Schneiderman, Seabrook, Smith, and
Waldon. Ayes, 4O. Nays, 13.
ACTING PRESIDENT MEIER: The
resolution is adopted.
THE SECRETARY: Calendar Number
1255, by Senator Farley, Senate Print 2214, an
act to amend the Labor Law.
SENATOR FARLEY: Lay that aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day at the request of the
sponsor.
THE SECRETARY: Calendar Number
1260, by Senator Spano, Senate Print 4115, an
4702
act to amend Chapter 666 of the Laws of 1990,
amending the Administrative Code of the City
of New York.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, an explanation has been requested of
Calendar 1260 by Senator Dollinger.
SENATOR McGEE: If you could just
read the last section and call the roll for
the purposes of allowing Senator Lack to vote.
ACTING PRESIDENT MEIER: Without
objection, the Secretary will call the roll.
THE SECRETARY: Section 3. This
act shall take effect immediately.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: I vote aye,
Mr. President.
SENATOR McGEE: Withdraw roll
call.
ACTING PRESIDENT MEIER: Roll
call will be withdrawn.
Senator Spano.
SENATOR SPANO: Thank you,
4703
Mr. President.
This bill, that was introduced at
the request of the Metropolitan Police
Conference, extends the current provisions of
law which allow certain retirees to earn
retirement credit from a second career in a
New York public retirement system. The bill
also allows retirees to earn retirement credit
in the same retirement system from which they
originally entered.
SENATOR DOLLINGER: If Senator
Spano will yield to a question.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I noted,
Senator Spano, your careful choice of words
when you used the phrase "allows." Doesn't
this bill mandate that local communities -- if
the officer accepts it, doesn't it mandate
that they do, that they allow them to
participate in two plans?
SENATOR SPANO: Yes, it does.
4704
SENATOR DOLLINGER: And through
you, Mr. President, doesn't this bill -
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Doesn't this
bill increase the cost to the municipalities
that are required to do that?
SENATOR SPANO: We don't have a
fiscal note that was requested with this.
But -- the fiscal note that was put as a part
of the bill, sorry, has no costs associated
with it.
SENATOR DOLLINGER: Okay.
Through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: If someone
moves from one pension plan to another, elects
to do that, wouldn't it be safe to assume that
4705
they're doing it because it's more beneficial
for them, they're going to get greater
benefits from it, and that someone -- the
municipality, the county, the school
district -- would have to pay for those
benefits?
SENATOR SPANO: All this bill
would do, Senator Dollinger, would be for an
individual -- for instance, if someone is a
New York City correction officer or a police
officer, put their time in the system, retired
after their twenty years in the system,
decided to continue a career of public service
and, say, become a teacher in the city of New
York, it would allow them to collect their
benefits from the first system and it would
allow them to continue to collect the benefits
from the additional employment that they'd be
involved in.
SENATOR DOLLINGER: Mr. Pre
sident, doesn't -
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT MEIER: He
4706
yields.
SENATOR DOLLINGER: Doesn't it
also allow an employee to get the benefits of
both pension systems? He can get the richer
supplemental benefits in one and the greater
pay in the other?
SENATOR SPANO: Yes, it would.
If they put their time in the system -- for
instance, if -- I think what you're referring
to is the Variable Supplements Fund. The
Variable Supplements Fund would come to the
benefit of the police officers of the City of
New York once they put their time in.
And there would be no reason, in my
opinion, to penalize employees of the City of
New York based solely because they're going to
move from one public benefit, one public
employment to another. If they put their time
in and they're entitled to that Variable
Supplement Fund or their retirement as a
police officer, why not -- why should we take
that away from them?
SENATOR DOLLINGER: Okay.
Through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
4707
Spano, do you continue to yield?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT MEIER: He
yields.
SENATOR DOLLINGER: Senator, the
City of New York is against this bill. The
Mayor's office and the City of New York is
against this bill. Is that correct?
SENATOR SPANO: Yes, that's
correct.
SENATOR DOLLINGER: And are they
against the bill because it tells them they
have to do something they don't want to do and
the State of New York is not going to allow
them the funding to do that? Is that correct,
that's the gist of their complaint?
SENATOR SPANO: Let me just
review that memo here.
Senator Dollinger, frankly, you're
correct. I mean, that's the basis for their
opposition.
I do not agree with their
opposition to this bill, for the purposes that
I explained to you, that I feel no reason to
penalize members of -- state employees or
4708
government employees if they choose to
continue a career in public service. That
while there may be a very small cost to this
bill, it was so minuscule that it was not even
included in the fiscal note that was presented
to us.
SENATOR DOLLINGER: Through you,
Mr. President. One final question for Senator
Spano.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield for another question?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I apologize,
because this a hypothetical question. If
Senator Rath's bill about no unfunded mandates
were the law in this state, this bill wouldn't
apply in the City of New York, would it,
because as the Mayor of the City of New York
is opposed to it, this would be an unfunded
mandate and the Mayor of City of New York
would be able to say "We don't want to have
this bill be enforced"? Is that a fair
statement?
4709
SENATOR SPANO: I'll give you a
hypothetical answer to your hypothetical
question, Senator Dollinger -
SENATOR DOLLINGER: That's only
appropriate, Mr. President.
SENATOR SPANO: I think that
there are times when the Mayor of the City of
New York or local mayors or the Conference of
Mayors have opposed cost-of-living adjustments
and many other items that have been presented
here.
And that this bill is so
inconsequential that it would not even qualify
as a mandate against that City of New York.
SENATOR DOLLINGER: Thank you,
Mr. President. I appreciate Senator Spano's
candid responses to my questions.
I would just point out to every
member of the chamber, you don't like unfunded
mandates? This is a little one. It may not
be a big one -- this is a little one -- but
this is clearly an unfunded mandate. Do you
see anything in this bill that says we -- we
will raise, through our tax dollars, to pay
for the administrative cost or the increased
4710
cost of the contributions to pensions in New
York City? Is there anything that says we'll
pay for that? No, we're not paying for it.
So it's clearly unfunded. It's going to be
paid for by local property-tax payers.
Senator Spano may be correct. It
may not be a big load. But this is how you
start down the road to those big unfunded
mandates. You do it with a little step here,
a little step there, a couple of requirements
that people can jump into other pension
systems, a little extra contribution for the
people of the City of New York, pass it on to
their taxpayers. We're telling them what to
do.
I'm astounded that Senator Rath
isn't still in the chamber, because I would
repeat her words, word for word. And I think
what she said was, "We don't know what the
right thing to do is for every municipality.
Let them do it themselves. They should have
the ability to sit there and make these
decisions."
Well, here we are in Albany,
standing here, deciding that this is the right
4711
thing to do for the City of New York when the
Mayor says "It's not what we want."
I'm going to vote against this bill
purely because of the inconceivability that I
would have voted no on the last bill and that
I would vote yes here. I don't know how
anybody on the other side of the aisle could
reconcile those two votes.
Here's an unfunded mandate.
Senator Spano admits it's one. We don't need
a Constitutional amendment. We don't need
Senator Rath's bill. We should just pull that
bill back and throw it in the trash can.
We've got a chance to do it right now. Let's
do it, vote against an unfunded mandate.
Here's your chance, three for a quarter.
We've got two others on the calendar that
you'll get a chance to vote against as well.
If you believe that we should be
paying for what we want people to do, this
bill is wrong-headed, because this bill says
you've got to do it and you've got to pay for
it. It's a little tiny step down that road to
unfunded mandates that one vote ago we said we
shouldn't go down that road.
4712
I'm not going down that road.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes,
Mr. President, just on the bill. I don't have
any questions.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. I just
want to make one observation, or a couple of
observations.
One, this bill seems to really try
to address the issue of police officers who
decide to go into the school system. And we
did pass legislation about a month ago which
would allow them to do that.
It's my understanding that one of
the reasons that we did not have them in -
in -- coming into schools prior to the
legislation that we passed was because we
wanted to avoid the -- essentially, the
double-dipping, as Senator Dollinger has
pointed out. So we corrected that. They
could go in, they could collect a salary at
the same time that they collect a pension and
4713
so forth.
But we do understand now that
60 percent of the police officers -- at least
60 percent, as far as we know -- live outside
of the city of New York. That's one.
Two, we just passed legislation
that could forever eliminate almost a half a
billion dollars from the city's budget. So we
will not have that money, based on the
commuter-tax repeal that was passed by this
Legislature. So now we have many of those
same commuters coming back to say "We want a
second pension out of New York City."
Now, I just think that we in the
city of New York do not deserve to be treated
this way by the state where we, as citizens of
this city, make a tremendous contribution over
and above what we receive back in terms of
revenue from the state. So I just think this
is totally unfair. It is unreasonable. And
we should not be doing this to the city, which
is the -- after all, is the economic engine of
the state.
So I certainly hope that my
colleagues will vote against this, because
4714
this is simply one more raid on New York
City's revenue and our budget.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
Oh, I'm sorry. Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. If the sponsor will yield to a
few brief questions.
SENATOR SPANO: Yes.
SENATOR SCHNEIDERMAN: I'm not
completely clear on what the significance of
the language of the term "reactivation" is in
this legislation.
Do I understand correctly that if
you transfer into a second retirement system
you would get all the benefits of that second
system but then be able to return to the first
system if additional benefits were conferred
in your first retirement system?
SENATOR SPANO: The benefits that
you rightfully earn under that first system
you would continue to receive. Yes, Senator.
SENATOR SCHNEIDERMAN: So -- but
4715
if -- if the sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: If there
were -- if there was a raise granted or
something in the second system, you could take
that benefit. And then if there was a
subsequent modification of the package of
benefits in the first system, after -
subsequent to the date of retirement, would
you be able to go back and regain that benefit
under this bill?
SENATOR SPANO: No, you would
only get your benefits that were calculated on
the date of retirement.
SENATOR SCHNEIDERMAN: But if the
system was modified so that all retirees under
System Number 1, the benefits changed, there
was some additional improvement in the system,
would that be possible if -- "reactivation"
suggests you get back into that system as
4716
anyone who is actively in the system would be.
SENATOR SPANO: It all depends on
how the modification was presented. If we
grandfathered in those employees, then they
would be covered.
SENATOR SCHNEIDERMAN: So if you
were grandfathered in, if all employees were
grandfathered in, you could return from System
2 to System 1 and get benefits that were
granted subsequent to your retirement?
SENATOR SPANO: That's right.
And what we're doing, Senator
Schneiderman -- just to clarify,
Mr. President -- is back in 1990, in Chapter
666 of 1990 what we did was allow for
employees of the City of New York who
transferred from a New York City retirement
system to a state retirement system to be able
to get this benefit.
So the only difference here is that
what we're presenting is the same level of
protection to employees in the City of New
York who changed from one occupation to
another within the New York City system.
Which just addresses an inequity in Chapter
4717
90, which just included those employees who
went from the city to the state.
SENATOR SCHNEIDERMAN: And if the
sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SCHNEIDERMAN: Is this -
is this not something that the government of
the City of New York could address on its own
or through a request to the Legislature for
modification?
SENATOR SPANO: This change
requires us to change the Administrative Code,
which requires a state statute.
SENATOR SCHNEIDERMAN: But the -
at several points in this session as it's
transpired so far, we've seen that we attempt
to respond to requests from local governments.
This is something that the City of New York
opposes.
Is that -- has the administrative
cost to the City of New York been calculated
4718
or taken into account for this change in
legislation?
SENATOR SPANO: I don't have an
accurate answer for you. But from what I
understand, it's a very small number of
employees that would be impacted with the
passage of this legislation. And it would
really not be a tremendous amount of money
to -- in terms of administrative costs at all.
And if it were, they would, in
their memo of opposition, would be stating the
cost, the excess cost that would result from
the passage of this.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
ACTING PRESIDENT MEIER: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: I
appreciate the sponsor's answers.
I do think that while we don't have
a specific cost, the memo in opposition from
the city does cite the substantial
administrative burden that this would impose.
And I think the combination of
bills that have been discussed here already
4719
today -- Senator Rath's bill on unfunded
mandates and Senator Montgomery's reference to
the repeal of the commuter tax -- really says
everything you need to see as a legislator
from the city of New York in order to realize
that you have to vote against this piece of
legislation.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect September 1, 1999.
ACTING PRESIDENT MEIER: Call the
roll.
Hold it -- hold it, Mr. Secretary.
SENATOR MONTGOMERY: Slow roll
call, please.
ACTING PRESIDENT MEIER: More
than five members have arisen. Mr.
Secretary -
SENATOR McGEE: Would you ring
the bells, please?
ACTING PRESIDENT MEIER: Ring the
bells.
THE SECRETARY: Senator Alesi.
4720
SENATOR ALESI: Yes.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
with the consent of the Majority, permit me to
withdraw the slow roll call.
ACTING PRESIDENT MEIER: Without
objection, slow roll call is withdrawn.
The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1260 are
Senators Breslin, Connor, Dollinger, Duane,
Gentile, Hevesi, Lachman, Montgomery, Onorato,
Schneiderman, Smith, and Waldon. Ayes, 42.
Nays, 12.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1268, by the Committee on Rules, Senate Print
5627, an act to amend the Tax Law, in relation
to extending.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
4721
Calendar 1268.
SENATOR SKELOS: This extends the
sales tax in Nassau County for a period of two
years. There has been a home rule request
received by the Senate.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: I imagine
Senator Skelos would yield for a question.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield for a question?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Senator, I'm
sorry, I'm just a little unclear. Who is the
sponsor of this?
SENATOR SKELOS: Committee on
Rules.
SENATOR PATERSON: Ah, Senator
Rules. Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect January 1st.
4722
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR McGEE: Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: There will be -
ACTING PRESIDENT MEIER: Can we
finish the roll call? And then we'll take
care of that.
THE SECRETARY: Ayes, 52. Nays,
2. Senators Dollinger and Gentile recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room, please.
ACTING PRESIDENT MEIER: Immedia
te meeting of the Rules Committee in the
Majority Conference Room.
THE SECRETARY: Calendar Number
1271, by Senator Marcellino, Senate Print
4723
5657A, an act to amend Chapter 600 of the Laws
of 1993.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, that completes the
reading of the controversial calendar.
SENATOR McGEE: Call up Calendar
Number 972, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 972.
THE SECRETARY: Calendar Number
972, by Member of the Assembly Smith, Assembly
Print 7135A, an act to amend Chapter 332 of
the Laws of 1996.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4724
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, there's some
housekeeping at the desk. Would you like us
to move to that?
SENATOR McGEE: Yes.
ACTING PRESIDENT MEIER: The
Secretary will return to the order of motions
and resolutions.
The Chair recognizes Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Maziarz, on
page number 33 I offer the following
amendments to Calendar Number 849, Senate
Print Number 5184, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
4725
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: On behalf of
Senator LaValle, Mr. President, on page 13 I
offer the following amendments to Calendar
Number 403, Senate Print Number 2709, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: Amendm
ents received, and the bill will retain its
place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator LaValle, on
page number 24 I offer the following
amendments to Calendar Number 673, Senate
Print 2658A, and ask that said bill retain its
place on Third Reading Calendar.
ACTING PRESIDENT MEIER: Amendm
ents received, and the bill will retain its
place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
4726
President, I wish to call up Calendar Number
346, Assembly Print Number 7265.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
346, by Member of the Assembly Weinstein,
Assembly Print 7265A, an act to amend the
Estates, Powers and Trusts Law.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the Assembly bill
was substituted for this bill, Senate Print
Number 3393A, on June 3rd.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move
that Assembly Bill Number 7265 be committed to
the Committee on Rules and the Senate bill
number be restored to the order of Third
Reading Calendar.
ACTING PRESIDENT MEIER: So
ordered.
4727
SENATOR FUSCHILLO: Mr. Preside
nt, I now offer the following amendments.
ACTING PRESIDENT MEIER: Amendm
ents received.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Goodman, I
wish to call up Senate Print Number 4153,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1021, by Senator Goodman, Senate Print 4153,
an act to amend the Tax Law and the
Administrative Code of the City of New York.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, I now move to reconsider the vote by which
the bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
4728
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: Senator
Fuschillo, the bill will be restored to the
Third Reading Calendar. It will have its
third reading at this time.
The Secretary will read.
THE SECRETARY: Calendar Number
1021, by Senator Goodman, Senate Print 4153,
an act to amend the Tax Law and the
Administrative Code of 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 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Seabrook.
SENATOR SEABROOK: Yes,
Mr. President. With unanimous consent, I'd
4729
like to be recorded in the negative on
Calendar 1260.
ACTING PRESIDENT MEIER: Without
objection, Senator Seabrook will be recorded
in the negative on Calendar 1260.
Senator McGee.
SENATOR McGEE: The Senate will
stand at ease pending the return of the Rules
Committee, Mr. President.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the report
of the Rules Committee.
(Whereupon, the Senate stood at
ease at 12:35 p.m.)
(Whereupon, the Senate reconvened
at 12:45 p.m.)
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President,
may we please return to the reports of
standing committees. I believe there's a
report of the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
4730
THE SECRETARY: Senator Bruno,
from the Committee on Rules, offers up the
following bills directly for third reading:
Senate Prints 2551C, by Senator
Trunzo, an act to amend the Education Law;
2584, by Senator Nozzolio, an act
to amend the Correction Law and the Penal Law;
3110A, by the Senate Committee on
Rules, an act to amend the Tax Law;
3136, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
3186, by Senator Saland, an act to
authorize the Town of Poughkeepsie;
3831, by Senator Stafford, an act
to amend the Executive Law;
3910, by Senator Nozzolio, an act
to amend the Correction Law;
4474B, by Senator Marchi, an act in
relation to authorizing;
4475, by Senator Marchi, an act in
relation to authorizing;
4597A, by Senator Hannon, an act to
amend the Public Health Law;
4619A, by Senator Kuhl, an act
authorizing the transfer and conveyance;
4731
4624, by Senator Marchi, an act to
amend the Public Authorities Law;
4662, by Senator Hannon, an act to
amend Chapter 535 of the Laws of 1983;
5281, by Senator Farley, an act to
amend the Banking Law;
5339, by Senator Leibell, an act to
amend the General Municipal Law;
5399, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5578, by Senator Seward, an act to
amend the Insurance Law;
5589, by Senator Marchi, an act to
amend the Education Law;
5620, by Senator Stachowski, an act
to authorize the City of Buffalo;
5645A, by Senator Marcellino, an
act to amend the Environmental Conservation
Law;
5730, by Senator Fuschillo, an act
in relation to authorizing the BOCES;
5741, by the Committee on Rules, an
act to amend the Insurance Law;
5743, by Senator Saland, an act to
amend the Penal Law;
4732
5751, by Senator Saland, an act to
amend the Vehicle and Traffic Law;
5769A, by Senator Morahan, an act
to amend the General Municipal Law;
5788, by Senator McGee, an act to
amend Chapter 533 of the Laws of 1993;
5792, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
5799, by Senator Morahan, an act to
amend the Education Law.
All bills directly for third
reading.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
move to accept the report of the Rules
Committee.
ACTING PRESIDENT MEIER: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
4733
report of the Rules Committee is accepted.
All bills directly for third
reading.
SENATOR McGEE: Mr. President,
can we please go to motions and resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Bonacic, on page number 23 I
offer the following amendments to Calendar
Number 651, Senate Print Number 2016, and ask
that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received. The bill will retain
its place on the Third Reading Calendar.
SENATOR McGEE: On behalf of
Senator LaValle, on page number 46 I offer the
following amendment to Calendar Number 1068,
Senate Print Number 5206A, and ask that said
bill retain its place on Third Reading
Calendar.
ACTING PRESIDENT MEIER: Amendme
nts received, and the bill will retain its
4734
place on the Third Reading Calendar.
SENATOR McGEE: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are.
The Secretary will read the
substitutions.
THE SECRETARY: Senator Hannon
moves to discharge, from the Committee on
Rules, Assembly Bill 8238 and substitute it
for the identical third reading, 1290.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator McGee.
SENATOR McGEE: Mr. President, at
this time may we please adopt the Resolution
Calendar.
ACTING PRESIDENT MEIER: The
motion is to adopt the entire Resolution
Calendar. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
4735
ACTING PRESIDENT MEIER: The
resolutions are adopted.
Senator McGee.
The Senate will stand at ease
temporarily.
(Whereupon, the Senate stood at
ease at 12:50 p.m.)
(Whereupon, the Senate reconvened
at 12:53 p.m.)
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President,
can we please take up the Noncontroversial
Calendar Number 1.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
1274, by Senator Trunzo, Senate Print 2551C,
an act to amend the Education Law.
ACTING PRESIDENT MEIER: The bill
is high. Laid it aside.
THE SECRETARY: Calendar Number
1279, by Senator Nozzolio, Senate Print 2584,
an act to amend the Correction Law and the
4736
Penal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1280, by the Committee on Rules, Senate Print
3110A, an act to amend the Tax Law, in
relation to authorizing.
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, 53. Nays,
2. Senators Dollinger and Gentile recorded in
the negative.
4737
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1281, by Senator Leibell, Senate Print 3136,
an act to amend the Retirement and Social
Security Law.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1282, by Senator Saland, Senate Print 3186, an
act to authorize the Town of Poughkeepsie, in
the County of Dutchess.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4738
1283, by Senator Stafford, Senate Print 3831,
an act to amend the Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect January 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1284, by Senator Nozzolio, Senate Print 3910,
an act to amend the Correction Law, in
relation to conforming.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1285, by Senator Marchi, Senate Print 4474B,
an act in relation to authorizing the City of
New York.
4739
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1286, by Senator Marchi, Senate Print 4475, an
act in relation to authorizing the City of New
York.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1287, by Senator Hannon, Senate Print 4597A,
an act to amend the Public Health Law and the
Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4740
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1288, by Senator Kuhl, Senate Print 4619A, an
act authorizing the transfer and conveyance.
ACTING PRESIDENT MEIER: There is
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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1289, by Senator Marchi, Senate Print 4624, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4741
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1290, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
8238, an act to amend Chapter 535 of the Laws
of 1983.
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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1291, by Senator Farley, Senate Print 5281, an
act to amend the Banking Law.
4742
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1292, by Senator Leibell, Senate Print 5339,
an act to amend the General Municipal 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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4743
1293, by Senator Marcellino, Senate Print
5399, an act to amend the Environmental
Conservation 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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1294, by Senator Seward, Senate Print 5578, an
act to amend the Insurance 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, 55.
ACTING PRESIDENT MEIER: The bill
4744
is passed.
THE SECRETARY: Calendar Number
1295, by Senator Marchi, Senate Print 5589, an
act to amend the Education Law.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1296, by Senator Stachowski, Senate Print
5620, an act to authorize the City of Buffalo,
County of Erie.
ACTING PRESIDENT MEIER: Read the
last section.
There's a home rule message at the
desk. Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1297, by Senator Marcellino, Senate Print
4745
5645A, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT MEIER: The bill
is high. Lay it aside.
The Secretary will call the roll on
reconsideration with regard to Calendar Number
1294.
SENATOR McGEE: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Watch
it, Senator McGee.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
SENATOR McGEE: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1298, by Senator Fuschillo, Senate Print 5730,
an act in relation to authorizing the BOCES
second supervisory district.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4746
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1299, by the Committee on Rules, Senate Print
5741, an act to amend the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1300, by Senator Saland, Senate Print 5743, an
act to amend the Penal Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
4747
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1301, by Senator Saland, Senate Print 5751, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2 -
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1302, by Senator Morahan, Senate Print 5769A,
an act to amend the General Municipal Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
4748
THE SECRETARY: Calendar Number
1303, by Senator McGee, Senate Print 5788, an
act to amend Chapter 533 of the Laws of 1993.
SENATOR McGEE: Lay it aside.
ACTING PRESIDENT MEIER: The bill
is high. Lay it aside.
THE SECRETARY: Calendar Number
1304, by Senator Trunzo, Senate Print 5792, an
act to amend the Vehicle and Traffic Law.
SENATOR McGEE: Lay it aside.
ACTING PRESIDENT MEIER: The bill
is high. Lay it aside.
THE SECRETARY: Calendar Number
1305, by Senator Morahan, Senate Print 5799,
an act to amend the Education 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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
4749
Senator McGee, that completes the
reading of the noncontroversial calendar.
SENATOR McGEE: Mr. President,
will you call up Calendar 706, please.
ACTING PRESIDENT MEIER: Back to
the regular calendar.
The Secretary will read Calendar
706.
THE SECRETARY: Calendar Number
706, by Senator Spano, Senate Print 4603, an
act to amend the Workers' Compensation Law and
the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, an explanation has been requested of
Calendar 706 by Senator Paterson.
SENATOR SPANO: Mr. President,
this bill provides that the State Insurance
Fund would have the authority to contract with
a PPO, a preferred provider organization, to
deliver workers' comp medical services.
4750
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
would the Senator yield for a question?
ACTING PRESIDENT MEIER: Senator
Spano, do you yield for a question?
SENATOR SPANO: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Senator Spano,
through the President, do the trial lawyers
have a position on this bill?
SENATOR SPANO: I understand that
we -- we do not have a memo from the Trial
Lawyers Association. The only memo that we've
received in opposition to this has been from a
group called the Committee for Workers'
Compensation Reform, which may include some of
those trial lawyers.
And, Senator, we didn't receive a
memo, that was a verbal -
SENATOR PATERSON: Mr. President,
if the Senator would continue to yield.
SENATOR SPANO: Yes.
4751
ACTING PRESIDENT MEIER: Senator
Spano continues to yield.
Senator Paterson.
SENATOR PATERSON: Senator, I
guess -- and I noticed that memo as well, and
that's what brought me to that question.
I guess there's a concern as to
what the value would be in having insurance
companies being put in the position where they
have some jurisdiction or control over what
happens to the workers, since it's not exactly
in their interest. Do you think that
adversely affects the bill, that concern?
SENATOR SPANO: The private
insurance companies would have this. All this
does is put this under the -- coverage under
the State Insurance Fund.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you,
Mr. President. Thank you, Senator Spano.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4752
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 706 are
Senators Connor, Dollinger, Duane, and
Paterson. Ayes, 51. Nays, 4.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President,
will you please go to the controversial
reading of the calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
1281, by Senator Leibell, Senate Print 3136,
an act to amend the Retirement and Social
Security Law.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MEIER: Senator
Duane, we're trying to find the sponsor, if
you'd indulge us a second.
SENATOR McGEE: Lay the bill
4753
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
The Secretary will continue to read
the calendar.
THE SECRETARY: Calendar Number
1284, by Senator Nozzolio, Senate Print 3910,
an act to amend the Correction Law, in
relation to conforming.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MEIER: Senator
Nozzolio, an explanation has been requested by
Senator Duane with regard to Calendar 1284.
SENATOR NOZZOLIO: Thank you,
Mr. President.
Mr. President, my colleagues, this
measure provides the same type of liability
exposure for those employees of the Department
of Office of Mental Health who are working in
Department of Correction facilities as those
who are working in Department of Correction
facilities have.
The OMH employees working in their
normal course of duty in other OMH facilities
have liability that is not limited. That in
4754
effect, the Corrections Department has other
certain standards of liability, so that when
an OMH employee is working in a correctional
facility, he or she should certainly have the
same type of protection or limits of exposure
to liability than their coworkers.
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, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
a moment ago we acted on Calendar Number 1287,
by Senator Hannon. Is that bill out of the
house? Otherwise, might we reconsider the
vote and -
ACTING PRESIDENT MEIER: The bill
has left the house, Senator.
4755
SENATOR PATERSON: The bill has
left the house?
ACTING PRESIDENT MEIER: Yes,
Senator Paterson.
SENATOR PATERSON: It's in
Sheboygan? Thank you.
ACTING PRESIDENT MEIER: The
Secretary will continue to read the calendar.
THE SECRETARY: Calendar Number
1285, by Senator Marchi, Senate Print 4474B,
an act in relation to authorizing to City of
New York to discontinue the use as parkland.
ACTING PRESIDENT MEIER: There's
a home rule message at the desk.
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, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1286, by Senator Marchi, Senate Print 4475, an
4756
act in relation to authorizing the City of New
York.
SENATOR PATERSON: Explanation.
SENATOR McGEE: Lay the bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1294, by Senator Seward, Senate Print 5578, an
act to amend the Insurance Law, in relation to
eligibility.
SENATOR McGEE: Lay the bill
aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1295, by Senator Marchi, Senate Print 5589, an
act to amend the Education Law, in relation to
courses of instruction.
SENATOR DUANE: Explanation.
SENATOR McGEE: Lay the bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
4757
1300, by Senator Saland, Senate Print 5743, an
act to amend the Penal Law, in relation to
assault within Office of Children and Family
Services facilities.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, an explanation has been requested of
Calendar Number 1300.
SENATOR SALAND: Thank you,
Mr. President.
Mr. President, what this bill
proposes to do is to elevate to the status of
a Class D felony the type of conduct which
currently is treated as a Class D felony where
it occurs within a correctional facility.
This particular bill proposes that where it
occurs in a facility maintained by the Office
of Children and Family Services, what we
previously called DFY, where a -- an employee
of the department is seriously injured or is
caused physical injury with intent to cause
such injury, that the perpetrator of that
incident would in fact now not be charged with
a Class A misdemeanor, as he or she would
currently be under the existing law, but with
4758
a D felony.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you. Would
the sponsor yield to some questions?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield to some questions?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you,
Mr. President.
Is this bill geared towards
juvenile offenders?
SENATOR SALAND: Well, by
definition, if we're talking the Office of
Children and Family Services, we are talking
substantially about people who have juvenile
status.
SENATOR DUANE: Is there -- if
the sponsor would continue to yield.
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
4759
sponsor yields.
SENATOR DUANE: Is there evidence
that there's been a significant rise in
violent behavior in facilities, in OCFS
facilities?
SENATOR SALAND: The information
being given us is that the -- there is a
belief within the ranks of OCFS that the
existing penalties do nothing to deter this
type of physical violence against OCFS
personnel, and that whether it be an
administrative sanction, something along the
lines of the loss of good time or a loss of
privileges, or the application of a
misdemeanor, it seems to do little or nothing
to deter these incidents.
SENATOR DUANE: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Isn't it the
present system that under OCFS regulations
that juvenile offenders can be transferred to
the adult system when they turn 16?
SENATOR SALAND: In certain
4760
instances, they can be.
SENATOR DUANE: And you think
that we need additional incentives beyond that
to control behavior?
SENATOR SALAND: My staff has
just been kind enough to provide me with some
data which goes back to your prior question
and may in fact help to address your current
question.
The incidents which occurred in
secure facilities, as have been -- as
reported, probably several dozen of these
incidents during 1999. Numbers of assaults in
both, probably somewhere in the area of about
five dozen. That's through -- through the
earliest reporting period. In other words, it
cuts off in 1999. And last year it would be
safe to say that there was in excess of 200 of
those incidents that occurred in both of those
classifications of facilities.
SENATOR DUANE: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
4761
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: The way I
understand, you told me what the statistics
were for last year. But my original question
was what increase is that over previous years.
SENATOR SALAND: Well, I do not
have the 1997 data, I'm sorry. And obviously
at this point I can't tell you what the
complete data will be for 1999. I only have
'98 and 1999. And '99 obviously is
incomplete.
SENATOR DUANE: So that could
very well be a decrease, for all we know.
SENATOR SALAND: Well, in
response to the question, whether it's an
increase or a decrease or whether in fact
it's -
SENATOR DUANE: We don't know.
SENATOR SALAND: -- the same
level, the use of this stepped-up penalty is
viewed by the department, because this is a
departmental bill, as being necessary to
afford their employees with a degree of
4762
protection by way of this being a deterrent
which would hopefully prevent physical injury
to their employees.
We're not talking, particularly in
secure settings, about people who are there
for relatively minor transgressions, we're
talking about young people who, I think many
of the studies will tell you, tend to have
within their ranks disproportionate numbers of
incidents of violence. They are not there
because they've engaged in conduct that might
constitute petty larceny or white-collar crime
or tax fraud. They're there because they've
engaged in some particularly violent act which
requires them being in a secure facility.
If we permit that violence to spew
out and encompass the lives of those who are
employed by the department to work with these
people, we're in effect doing nothing but
giving them additional opportunities and
additional license to cause injury to people
who are in effect being victimized.
SENATOR DUANE: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
4763
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But the fact
remains that we don't know whether this is an
increase or a decrease. It could very well be
a decrease. I wasn't at the meeting when the
decision was made to ask for this bill, so we
don't know what the context was. And it could
very well be that this is just an old request
and the numbers have gone down and maybe this
isn't really necessary anymore.
But my question would be, since
OCFS can now transfer young people to secure
facilities as it is already, how many young
people are there in OCFS, in the system now,
that have not been transferred either to an
adult prison or to a secure facility that
would then be captured by this new law?
SENATOR SALAND: Let me respond
to your question and then see if, for some
rather practical reasons -- well, first, in
secure facilities there are 500-and-some-odd
4764
placements. And if you had 160 incidents out
of 500-and-some-odd placements last year, I
think that would tell you -- and these
incidents are assaults -- I think that would
tell you that it's a particularly violent
environment.
I mean, just the numbers, that's
probably better than 30 percent. So whether,
again, it's an increase or a decrease, it's
not exactly like you're going to choir
practice.
Now, having responded to the
question, if I could impose with a question,
simply because I want to defer to a colleague.
If we have a series of questions
that we're going to engage in, I will ask that
this bill be temporarily laid aside so that my
colleague has the opportunity to bring his
bill forward. If that is okay with you,
Senator Duane.
SENATOR DUANE: Yes, that would
be -- I do have a series of questions, so I
would appreciate that, thank you.
SENATOR SALAND: In that case, I
would ask that the bill be laid aside
4765
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
SENATOR McGEE: Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Please call
Calendar 1251, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1251.
THE SECRETARY: Calendar Number
1251, by the Senate Committee on Rules, Senate
Print 5833, an act making appropriations for
the support of government and to amend Chapter
53 enacting the Education, Labor, and Family
Assistance Budget.
SENATOR McGEE: Is there a
message of appropriation at the desk?
ACTING PRESIDENT MEIER: There is
a message of appropriation at the desk.
SENATOR McGEE: I move to accept
it.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of appropriation. All those in favor
4766
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The Secretary will read.
SENATOR DOLLINGER: Explanation.
SENATOR STAFFORD: Thank you, Mr.
President. And I also want to thank Senator
Saland and Duane for their graciousness in
allowing us to take this up, which is very
helpful to me.
This is a supplemental budget that
obviously provides various appropriations
throughout state government. It includes
Medicaid, it includes expenditure of funds for
the Environmental Protection Fund and the new
Office of Higher Education and Technology and
obviously for various other social programs,
including Family Assistance, and it obviously
covers the entire gamut of our budget.
I would certainly be more than
pleased to expand if anyone would care. Thank
4767
you.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr. Preside
nt, I believe there's an amendment of mine at
the desk. I'd ask that its reading be waived
and that I be heard on the amendment.
ACTING PRESIDENT MEIER: Give us
a moment to take a look at it.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Thank
you, Senator Dollinger. The reading of the
amendment is waived, and you're now recognized
for the purpose of explaining your amendment.
SENATOR DOLLINGER: Thank you,
Mr. President.
This is an amendment to provide an
additional $228.5 million in restorations to
the Executive's Medicaid proposal, as follows.
One, it will create full restoration of the
proposed shift of managed-care costs to local
government. The current version of the bill
provides a partial restoration at $6.3
million. This would be a full restoration of
4768
the shift of the cost to local government.
I would just suggest to my
colleagues on the other side of the aisle who
have talked about unfunded mandates, here's
another opportunity, here it is, going once,
going twice. You just need to put a yes on
this amendment, vote in the affirmative, and
you can have a budget bill, a supplemental
appropriation bill that doesn't -- that solves
an unfunded mandate that we created two years
ago. Here it is. Here's your chance. We
will fully fund this mandate for local pickup.
We'll eliminate the unfunded mandate, we'll do
the right thing. Here's your chance to do it.
In addition, this bill also
contains a restoration of $86.3 million in
cuts to hospitals, $79.5 million in cuts to
nursing homes, and $34.6 million in cuts to
the home-care industry. This bill will
eliminate the unfunded mandates that we've put
into the Medicaid program. This will bring
them up-to-date. We will stop telling our
hospitals and nursing homes to do more with
less. Instead, we'll say do a little bit more
and we'll give you a little bit more to get
4769
more done. That seems to me to be a much
better way to do it.
But, Senator Rath and others who
have talked about unfunded mandates, here's
your chance. We can eliminate that unfunded
mandate when we shifted all those Medicaid
costs to those local communities. And unlike
our earlier debate with Senator Spano in
which, remember, he said this is just a little
tiny, tiny, tiny unfunded mandate, this one is
a big, big, big unfunded mandate.
I would suggest to you here's your
chance, take this amendment, adopt this
amendment, and we can put an end to these
unfunded mandates and start paying for them
ourselves. That's the right way to do it.
Mr. President, I would urge the
adoption of the amendment. It's the right
thing to do. It will give our hospital,
nursing home, and health-care industries more
money to do more that needs to be done for all
New Yorkers. I would move the amendment,
Mr. President.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
4770
favor signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR FUSCHILLO: Party vote in
the negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 20. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment fails.
SENATOR FUSCHILLO: Final
section, please.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1251 are
Senators Dollinger, Duane, and Schneiderman.
Ayes, 52. Nays, 3.
4771
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, would you please call up Calendar Number
1252, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1252.
THE SECRETARY: Calendar Number
1252, by the Senate Committee on Rules, Senate
Print 5835, an act to amend the Education Law
and Chapter 756 of the Laws of 1992.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Hevesi.
SENATOR HEVESI: Mr. President, I
believe there's an amendment at the desk.
ACTING PRESIDENT MEIER: Yes,
there is. Do you wish to -
SENATOR STAFFORD: I'll give a
quick explanation.
As we always do now, due to the
Banks decision the Court of Appeals rendered a
few years ago, we always now have accompanying
language to in effect explain the budget.
4772
And with that, I certainly yield to
Senator Hevesi, who I believe has an
amendment.
SENATOR HEVESI: Thank you.
Mr. President, I believe there's an
amendment at the desk.
ACTING PRESIDENT MEIER: There's
an amendment at the desk. Do you wish to
waive the reading of the amendment, Senator?
SENATOR HEVESI: Yes. And I wish
to be heard on the amendment.
ACTING PRESIDENT MEIER: The
reading of the amendment is waived, and you're
recognized for the purpose of explaining the
amendment.
SENATOR HEVESI: Thank you.
Mr. President, in light of the
discussion that we've had here today about
unfunded mandates, we really need to set the
context for some of the contents that are
contained within the piece of legislation
that's before us.
We passed a bill here this
afternoon that gave great consideration to
local governments and the impact of what we do
4773
here on local governments, particularly by
imposing requirements on them that will
require our local governments to make an
additional expenditure of funds. That's one
way to hurt a local government.
The other way to hurt a local
government is to deny that local government
funding that it is either due from the state
or its ability to collect revenue. And I'll
remind everybody here that about three weeks
ago, we did the mother of all of those and
whacked out $360 million from New York City's
budget through the repeal of the commuter tax.
Absolutely disgraceful.
But I don't think we need to rehash
that conversation, except to say that we
denied one municipality in that case a great
deal of money, although we had this whole
discussion today about how we have to be
sensitive to local governments.
Well, I would also point out in the
context of the bill that's before us that we
have repeatedly been unfair to all the school
districts throughout the state who have
prior-year school aid claims in the budget.
4774
And this is now the fourth time that I've
risen on the floor of this Legislature to talk
about this issue. And I rise today with a
profound sense of ambivalence.
The reason I say that is maybe all
of our discussions about this have had a
positive impact, because included in this
bill -- fortunately, I think -- is an
additional allocation of $12.8 million in
recognition of prior-year school aid claims
for the City of New York. So that's good,
except that doesn't tell you the full picture.
And the full picture is exceedingly
problematic and leads me to the amendment that
we have today.
Here's the full picture. The full
picture is that currently in the Executive
Budget that had been proposed, and is included
in the budget that we are going to be
adopting, there is an allocation of
$36 million for prior-year school aid claims.
The City of New York gets $14.4 million of it.
Now we have an additional allocation in the
bill that is before us of $75.8 million for a
whole series of educational reforms. Included
4775
in that $75.8 million is a provision that says
that $12.8 million of that must be used to
repay prior-year claims for the City of New
York, which is very good.
Here's the problem. Well, two
things. One is -- and I don't want to get
back into the aggregate numbers, but the City
of New York is owed over a billion dollars in
prior-year claims, and municipalities
throughout the rest of the state are owed just
shy of $100 million. So the numbers we're
talking about here are pale in comparison to
addressing the need.
But I believe that what this
legislation is is an attempt -- and I thank
the Majority for this -- is an attempt to
address the problem. And at least we've
recognized the problem.
And the most immediate concern is
that the City of New York will forfeit
$39 million if, by the end of the city's
fiscal year, which comes on the last day of
this month, the city does not receive
$39 million in prior-year claims.
So what do we have? We have $14.4
4776
million that already in the budget, in the
Executive. We now have $12.8 million in this
budget bill, which brings us to about $27.2
million. Which leaves us $11.8 million short
of just hitting the amount that we would have
to get in order to not forfeit money. That's
problem number one. We're $11.8 million short
of the most bare requirement to deal with this
problem.
Problem number two is the way that
it was done. The way that it was done is
taking the city's allocation of $75.8 million
and saying that $12.8 million of that has to
be used for prior-year school aid claims.
Well, that's very nice, thank you very much.
Here's what the problem is. And I'll just
read you the enabling legislation here of what
that $75.8 million is supposed to be included
for: (1) after-school instruction, (2)
summer-school instruction, (3) tutoring, (4)
professional development, and (5) maintenance
of capital facilities. All exceedingly
important priorities.
So now what we've done is we've
taken that $75.8 million and now we've reduced
4777
by $11.8 million the amount of money available
to spend on these most worthy programs. Now,
if we want to take it further -- because
again, that only gets us to $27 million. If
we want to add another $11 million, we can do
it, by reducing the amount of the 78 million
down another $11 million. And what does that
mean? That means that we could then have the
$39 million for the city that would prevent us
from forfeiting the money. And it also means
that we then reduce from $75.8 million down to
$51 million the amount of money that the City
of New York has to spend on all of these
worthy programs.
And I'll remind everybody, the
$78 million is not enough to begin with. We
were cheated in the Executive, we're cheated
in this budget on school aid. And now, when
we attempt to address the issue of prior year
claims -- which is healthy. And I want to be
careful here, because I want to encourage my
colleagues on the other side of the aisle to
keep moving in this direction. It's the right
direction. But as we do it, it's being done
in a way that doesn't provide enough money and
4778
it's being done in a way directly that hampers
our ability to provide what little we're given
for all the other educational priorities that
were included in this budget, which were
insufficient to begin with.
So, Mr. President, the amendment
that's before us is different from the other
two amendments that I've introduced on this
floor -- which, by the way, those other
amendments called for $600 million to be added
to the budget. Which wasn't enough, because
the state's obligation right now for everyone,
City of New York and all the other school
districts, exceeds $1.1 billion. My other two
amendments were $600 million.
And what we're doing today is an
amendment that simply says that irrespective
of anything else that's included in this
budget, there shall be an amount appropriated
that is equal to the amount that any local
school district would have to forfeit as a
result of the state not having fulfilled its
obligations to pay prior-year claims. It
essentially means we'd be adding another
$39 million to the budget, because the City of
4779
New York is the only municipality that has
this most egregious problem on its hands.
And by the way, there was a
colleague of mine on the other side of the
aisle who recently suggested to me that it was
in large part the city's own fault for not
having filed its claims on time. And I would
just suggest, because we don't need to get
into that, that if any one of my colleagues on
the other side of the aisle would like to get
into that and discuss the reasons why the city
is owed such vast amounts of money -- and it's
not because of the city's own negligence -
I'd be happy to engage in that discussion.
But this amendment is before us.
It's important. What it would do is
essentially allow us to take the first, most
minuscule step to preventing the city from
being severely damaged, as it would be because
if we forfeited the $39 million this year,
that means that the New York City Board of
Education, already in dire straits in a whole
series of ways, would simply have to write
that money off and cut the $39 million out of
other programs.
4780
This would prevent that from
happening, and I urge all of my colleagues on
both sides of the aisle to address this issue,
to support the amendment, and to continue to
take steps in this direction.
And finally, I just -- I applaud
the Majority for having moved in this area.
And I just would wish that (a) we address it
in conference committee again, to have a more
thorough accounting of what needs to be done
here, and (b) please, no one take my comments
here today as sour grapes or what have you.
We appreciate the consideration, the
recognition of the problem. Now we need to
take it to the next level.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
I rise also in support of this
amendment. I think that Senator Dollinger
pointed out yesterday that the State of New
York perhaps needed to get into Borrowers
Anonymous. Unfortunately, Senator Hevesi's
4781
amendment is meant to address the fact that
the state has now dropped into one of the
worst habits of people who don't manage their
finances. Now we're not paying bills. And
we're not paying a bill that is an
extraordinarily important bill to pay.
It is incomprehensible to me that
we can be -- spout the rhetoric of being for
economic growth in this state while we're not
making an investment in the most important
element of economic growth, which is our
public school system. $39 million wiped out
from the New York City School System, money
appropriated by the state owed to the city.
How do you explain that to our children -- we
owe them money, we refuse to pay? That, to
me, is something I can't explain to my
6-year-old, and I don't think any of us can.
I urge all of you that we have to
address this issue of the unpaid bills for the
city school system. It's no secret that the
system is badly in need of repairs. Funds for
renovating buildings were vetoed last year.
The teachers are underpaid. Certainly they're
badly underpaid relative to other downstate
4782
communities.
We have a chance to address this.
I urge everyone -- not just city legislators,
but everyone who cares about the economic
interests of this state and the future of this
state to vote for this amendment. Let's
restore these badly needed funds to our city
schools.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR FUSCHILLO: Party vote in
the negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
35. Party vote.
ACTING PRESIDENT MEIER: The
amendment fails.
SENATOR FUSCHILLO: Read the last
section, please.
ACTING PRESIDENT MEIER: Read the
4783
last section.
THE SECRETARY: Section 52. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr. Preside
nt, can we return to the calendar and call up
Calendar Number 1300, Senate Print Number
5743, please.
ACTING PRESIDENT MEIER: The
Secretary will read calendar 1300.
THE SECRETARY: Calendar Number
1300, by Senator Saland, Senate Print 5743, an
act to amend the Penal Law, in relation to
assault at Office of Children and Family
Services facilities.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you,
4784
Mr. President. If the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you very
much.
When we last left off, the sponsor
told us that there were 160 youthful offenders
who were put into secure detention -
SENATOR SALAND: No, no, let -
let me -- what I said was that there are some
500-plus, and I'm sorry I can't be more
specific, secure slots in the system. And
that the last complete reporting year for
which we have incidents, assaults reported,
was 1998, and we had 160 assaults reported.
Now, those assaults are not merely
assaults against OCFS personnel but also
against others, other residents who are within
whatever particular facility they are residing
in. So this is also applicable to an assault
4785
on not only an employee but on another
resident.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: It might be
helpful, then, to find out what was the
disposition of those 160 cases.
SENATOR SALAND: Senator Duane,
I'm not quite sure -- absent the ability to do
some type of a follow-up in each of those
cases, which I don't know if OCFS has even
done -- that I could ever provide you that
information.
The driving force behind this is a
desire to in effect create some mechanism that
will serve as a better deterrent than the
current system.
SENATOR DUANE: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
4786
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm still not
understanding what it is that is telling us
that we need this additional offense to what
it is that -- since we already have the
ability to, upon the 16th birthday of an
offender, put them in the adult system, and to
transfer youth to secure facilities, why we
need this additional penalty when we already
have so many options for where it is that
young people can be put with the penalties
that we already have.
SENATOR SALAND: Senator, I mean
you're correct when you say that there are
existing mechanisms. And the transfer from
limited-secure to secure is one of them; the
transfer from secure to an adult correctional
facility is another.
Obviously, they're not working or
not working as well as those in the system
would hope they would work, because we would
not have the substantial number of incidents
that we have. And as I said a bit earlier,
when you superimpose the number 160 on the
4787
number of 500-plus, that is a pretty high
percentage -- I would venture somewhere in the
area of 30 percent of the population. Not
that it necessarily represents 160 separate
incidents, but a serious number of incidents
for a relatively small population.
SENATOR DUANE: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DUANE: Thank you.
But it's not obvious, because we
don't know whether this is an increase or a
decrease in the number of incidents. And we
don't really have much information about the
incidents as they are.
And I fail to see why it is that
creating new -- or an increased or a harsher
offense would in any way impact on the
behavior of young offenders if they are
already at risk of being thrown in the adult
4788
system or being thrown into secure detention.
And I asked the question before,
how many young people in the OCF system have
not been transferred into the adult system or
the security facility or why it is -- we don't
know the answer to that. And then I don't
think we also know why it is that having this
expanded offense of assault would provide any
other options for those people who are running
the facilities.
Why would this expand the -- the -
what's the word I'm looking for -- the choices
of what you could do with useful offenders?
SENATOR SALAND: Let me just
suggest to you again, Senator, that the number
of incidents may -- although I don't want to
put words in your mouth -- may seem to be
minimal or inconsequential. You seem to feel
that what's important is to establish first
that there has been an increase in the number
of assaults occurring.
We're talking about assaults. And
I apologize if I sanitize this by talking in
terms of incidents. But we're talking about
assaults. And you seem to feel that 160
4789
assaults committed against OCFS personnel or
against other residents is really not
consequential enough to warrant some effort to
try and change the system to deter this
ongoing violent behavior that puts others at
risk, others being either employees or other
residents.
The Office of Children and Family
Services in this program bill seems to believe
that -- not seems to believe, believes that
they need additional tools. Now, this tool,
in my opinion, is intended to be a deterrent.
It's intended to be a message that when you
commit an assault now within a facility, it's
treated as an assault, a misdemeanor assault
charge, and there's little or no motivation in
many instances to even pursue that in a local
criminal court. Once you're talking in terms
of a felony, that degree of discretion is
somewhat severely circumscribed.
And I would just suggest to you
that if we're really concerned about making
facilities, OCFS facilities, safer places to
be, there is obviously a history of violence,
there is obviously the fact that we are not
4790
being successful -- we may be having some
modest success in some ways -- that this is
intended as but another weapon, so to speak,
in the department's arsenal to deal with some
very violent young people.
If I was troubled by it, if I
didn't think there was a rationale for it, I
would not have accepted the bill to offer it
on behalf of the department.
SENATOR DUANE: Through you,
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you very
much.
I don't think that 160 incidents is
inconsequential at all. In fact, I think it's
quite serious, although I don't have a context
to say that. I don't know whether last year
there were 200, this year 160, or whether last
year there was 100 and this year there's 160.
So it's hard -- of which any of those numbers,
in fact even one, is one too many. So I am
concerned about that.
But I'm also concerned -- very
4791
concerned about that, and I'm also very
concerned about solutions that really will
work to reduce incidents of violence, whether
they're in OCFS facilities or anywhere.
I'm planning on voting no on this
bill because I don't believe that this is a
helpful tool in reducing youth violence on the
street or, for that matter, in OCFS
facilities.
I think other things that we should
focus on are in the entire OCFS system, there
are only 20 beds for persons to be treated for
mental-health issues, of which I think that
plays an enormous role in why it is that we
see so much violence in society and continue
to see it even among those people who are
incarcerated in OCFS facilities.
And I also believe that there is -
and I've said this before on the floor, that
trying young people as adults in criminal
court has no impact on reducing juvenile
violent behavior. Nobody thinks it does. DAs
don't think so. People who work in the field
of youth violence don't think so. Judges
don't think so. Nobody thinks that it's a
4792
deterrent, sadly, except for politicians.
So to continue on that road of
increasing penalties is just one that is not
effective, and I fail to see why it is that we
continue to try to solve our problems of youth
crime and violence in this manner when it is
so clear that it doesn't work and anybody who
really works in the field also does not
believe that it works.
And of course the other issue is
the disproportionate number of young people of
color who are incarcerated in these facilities
who therefore would be at greater risk of
being captured under this expanded offense of
assault in the second degree. I think that
that is poor public policy and something that
we need to look at to try to make for a more
just state.
And I again would encourage my
colleagues to vote no on this, because it's
the wrong way to go and it just doesn't work.
Thank you.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes,
4793
Mr. President. If Senator Saland would yield
for a question -- a couple of questions.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question from
Senator Montgomery?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you.
Yes. Senator Saland, this bill
covers juvenile offenders, youth offenders?
SENATOR SALAND: It covers
juvenile offenders who generally, by
definition, have committed crimes. They could
as well be in a correctional facility.
SENATOR MONTGOMERY: So the -
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: Yes, thank
you.
4794
Senator Saland, you say that this
bill is at the request of Commissioner
Johnson?
SENATOR SALAND: At the request
of his department.
SENATOR MONTGOMERY: Okay.
Mr. President, if Senator Saland would
continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: Senator
Saland, I believe that you've answered this
already. But just to be sure, the Office of
Children and Family Services, OCFS, where
these young people are likely to be -
SENATOR SALAND: Yes.
SENATOR MONTGOMERY: -- do they
already have the option of transferring those
young people to DOCS if there are serious
behavioral problems that threaten the staff
and/or the other residents or the other youth?
4795
SENATOR SALAND: Only under
limited circumstances. They would have to be
16 and in a secure placement. If they were in
a limited-secure or if they were under the age
of 16, they do not have that authority.
Now, as I mentioned in response to
the questions from Senator Duane, this bill
would apply, at least in part, to OCFS
employees. Now, specifically we have done
similarly for correction employees so that
those who work in a correction facility who
are assaulted similarly have the protection or
the expanded penalty of the felony offense as
being a deterrent to their being assaulted.
And we've done that in a number of different
categories for particularly enumerated types
of employment, such as EMTs, certainly peace
officers and police officers as well.
SENATOR MONTGOMERY: Sure.
Mr. President, if Senator Saland
would continue to yield.
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
4796
SENATOR MONTGOMERY: You use
deterrent in the same frame as prevention. So
I -- you know, I take exception to that.
But let me just ask, since OCFS
already has the capacity or the authorization
to move automatically any 16-year-old,
especially when that 16-year-old has -
exhibits threatening behavior, your bill
then -- does your bill then allow them to put
younger people into DOCS?
SENATOR SALAND: What this bill
permits -- what this bill permits is the
ability, where an assault has occurred in a
facility that is under the supervision of
OCFS, where it's caused with the intent or -
where it is committed with the intent to cause
physical injury, that person would then be
subjected to a D -- could be subjected to a D
felony charge, an assault charge, which could
result in quite obviously a much steeper
sentence, a misdemeanor being no more than a
year, a D felony being a lengthier sentence.
SENATOR MONTGOMERY: In DOCS or
in -
ACTING PRESIDENT MEIER: Are you
4797
asking Senator Saland to continue to yield?
SENATOR MONTGOMERY: Yes.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR MONTGOMERY: Does that
sentencing that person -- assuming that person
is 16, my presumption is that the staff would
transfer them to DOCS because they have that
option.
SENATOR SALAND: If -- if under
the -- and I would have to pull out the JO
statute. I do not have it in front of me.
But the JO statute, Juvenile Offenders
Statute, says that for certain crimes, certain
violent crimes, if you're 13 years or older
you can be sentenced as an adult.
So I'm assuming that this assault
would be one of the violent crimes that would
fit under that particular section. So that if
you were over the age of 13 and committed that
violent crime, you could then be sent to a
facility that was administered by DOCS.
That's not a particularly common
occurrence. Most of those things -- most of
those matters are generally handled as OCFS
4798
matters.
SENATOR MONTGOMERY: Okay. So,
Mr. President, I want to make sure I
understand what Senator Saland -
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes. Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: What we're
saying is that we already -- the commissioner
already can transfer young people into DOCS.
So we don't need to revisit that, he already
has that.
What he's looking for now is to be
able to transfer 13-year-olds into DOCS, is
that what this -- based on how you just
explained it, Senator, that's how I hear it,
that now we're going to do -- we can do
13-year-olds under this law because that
particular felony could theoretically allow us
to try that young person or treat that young
person as an adult. That's one of those areas
that -
SENATOR SALAND: Let me just say
4799
again, I don't have my -- the JO statute in
front of me. If they could be treated as an
adult, it doesn't mean that they're going into
a DOCS facility. It may mean they will be
sentenced to a lengthier sentence which would
be served at OCFS. And if they then aged out
under that lengthier sentence, then they would
go to DOCS or they would be transferred to
DOCS upon such time as they were eligible to
go to DOCS. That is not the same as saying a
13-year-old is going directly to DOCS.
SENATOR MONTGOMERY: Now, we did
legislation, the juvenile justice proposals,
and that Class D felony under that statute,
the maximum sentence is 7 years, I believe.
Is that the case? It's 2½ years minimum, 7
years maximum?
SENATOR SALAND: I don't have the
sentencing chart in front of me. I know an E
is generally 1 to 3 or 1 to 3 1/3. A D, I
think, is -- starts with a minimum of 2 and a
maximum of either 6 or 7.
And I'm sorry I can't be more
illuminating. I'm sure there are probably
some other people in the chamber who do a
4800
steady diet of criminal work who might be able
to tell you exactly what those sentencing
charts would provide for.
SENATOR MONTGOMERY: All right.
Now, I have information -- if Senator Saland
would continue to yield.
SENATOR SALAND: Yes,
Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR MONTGOMERY: I have
information that says of the youth admitted to
Office of Children and Family Services
facilities in 1997, 56 percent were
African-American and 29 percent were Latino
and 14 percent were white. Now -- and of
course we also know that there is a similar,
little bit higher percent of African-American
population in the -- in DOCS.
So does this mean, then, that we're
going to see a larger number of
African-American young people, possibly at the
age of 13, who now will be serving whatever
possibly the maximum is, which means that they
serve some time in -- a longer period of time
4801
in an OCFS facility, then automatically at 16
they get transferred to DOCS for another five
years or so?
SENATOR SALAND: I'm not sure
quite that that is an apt illustration.
But let me just suggest to you that
what it means is that those regardless of
whatever their racial or ethnic background
might be who are going to engage in acts of
assault, which heretofore would have been
classified as a misdemeanor and not perhaps
receive very much attention, are placing
themselves at risk. They are placing
themselves at risk of a far more severe
criminal penalty, one which could well
lengthen their stay in some type of detention.
They, however, are the ones who
would be responsible for lengthening their
exposure to that sentence -- to an expanded
detention.
SENATOR MONTGOMERY: One last
question.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes,
4802
Mr. President.
ACTING PRESIDENT MEIER: The
Senator continues to yield.
SENATOR MONTGOMERY: All right.
Senator Saland, can you give me some
indication in the budget what we're doing to
increase funding that would be directed to
OCFS for the purpose of providing
mental-health services to young people in
their facilities? Do we have some idea? Is
there some attempt to address the problem from
that angle as well as from the angle of a
higher -
SENATOR SALAND: We are certainly
concerned about funding for any number of
areas that OCFS is engaged in. I could not,
regrettably, off the top of my head tell you
what we are doing particularly to deal with
the issue that you've raised.
SENATOR MONTGOMERY: All right.
Thank you, Senator Saland.
Mr. President, briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: It's my
4803
understanding that currently there are only
two mental-health units, each only having ten
beds, in the entire juvenile justice system.
And Senator Saland has admitted -- and I
certainly can't blame him, because we're
getting the budget in pieces and we're getting
it 200 pages at a time, so how can any of us
know the details? But I certainly would hope
that Senator Saland would be absolutely sure
that we're going to correct this inadequacy
that we have too few mental-health beds in
juvenile justice.
OCFS does not have the capacity to
address the behavioral issues of young people.
And we understand that much of that behavior
is only symptomatic of deeper issues that need
to be addressed. We can't do that. So
Senator Saland has come up with an easy way
out: we just send them to DOCS. And in fact,
not only do we send them to DOCS, but we
create this felony charge. And so even if
they don't go to DOCS immediately, they will
be going to DOCS eventually, because they have
now a longer sentence.
And we have not -- we know we don't
4804
have the capacity, we have not addressed the
reasons for the behavior. So this is just, to
me, one more instance where the policy -- the
thought about policy is not about prevention,
not about correction, not about intervention,
but only about incarceration. And we think of
a thousand ways to have people end up being
incarcerated without even attempting to
address the issues that may cause them to
be -- especially at 12, 13, 14, 15, and 16.
That, to me, is really an abomination.
So, Mr. President, this is a very
bad bill. It's a bad approach to an issue
that we know is a problem. But this is
certainly not addressing it. And to say that
this is a deterrent, to me, is just absolutely
not the case. So I'm going to vote no, and I
urge my colleagues to vote no on this
legislation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
4805
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1300 are
Senators Duane, Montgomery, and Schneiderman.
Ayes, 53. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President,
would you kindly recognize Senator Stachowski?
ACTING PRESIDENT MEIER: Gladly.
Senator Stachowski.
SENATOR STACHOWSKI: Mr. Presid
ent, very briefly.
Today we have the opportunity -
and I know this is a stretch on the rules, but
since I have an acting counsel -- being in the
Minority, we don't have a big staff allotment,
so I try to get volunteers wherever I can find
them. And today I have this volunteer counsel
that I wanted to bring to everyone's
attention.
Jim Kelly is here today. As you
may recall, he was here a couple of years ago,
4806
actually to be honored for his retirement.
And at that time he had informed us that his
son had some major problems. And so the
reason Jim's here actually today is, besides
having the wonderful joy of sitting through
those two amendments and that long debate that
Senator Montgomery just had us enjoy -- and
for somebody that's not on the floor, it was
long, but not for us that are here all the
time.
But Jim's here to highlight that
the Hunter's Hope Foundation is bringing to
people's attention the fact that there's a
disease called Krabbe's disease, a
leukodystrophy that strikes children and
actually older people in different
leukodystrophies. But Krabbe's is a disease
that his son has.
And Jim and his wife, Jill, have
taken it as their challenge to take a very
challenging situation for them to deal with
and try to make it a positive. And the
positive is that they're bringing Krabbe's
disease to the forefront, they're raising
money to try to do research and hopefully
4807
eventually find a cure for Krabbe's disease,
and also to bring attention to people that if
you're fortunate enough to have a child,
regardless if they're healthy or not, that
every day you should give them a hug and every
day you should give them extra attention and
every day you should be thankful that you have
that child and that you're there to love that
child.
So that's why Jim is here today.
And we did a little something with state
involvement to try to do something with
Krabbe's. And so we did those things and we
wanted to bring it to the attention of this
chamber that that's why Jim was here and
that's what we were doing.
And, Mr. President, I'd like to
thank you for giving me that opportunity to
bring that to everybody's attention. And also
point out that we do have Jim Kelly here, and
if he would please stand so everyone can
recognize him. And then Tom, Senator Libous
has -
(Applause.)
ACTING PRESIDENT MEIER: Senator
4808
Libous.
SENATOR LIBOUS: Mr. President, I
just want to add to Senator Stachowski's
comments. We did have a press conference
today, and Jim was at the press conference,
again, and bringing awareness.
And tied to that, I just want to
introduce a couple of other people quickly.
We have Dr. Brown, Dr. Gould, and Elaine
Marchi from the Institute for Basic Research
that is doing studies on Krabbe's disease and
working with Hunter's Hope in trying to find a
cure for this disease. So we're all working
in tandem.
And, Jim, thank you for taking time
to be here and for your commitment to
continuing to build Hunter's Hope.
ACTING PRESIDENT MEIER: Mr. K
elly, we hope your visit here wasn't too
painful, and we express our welcome to you and
our admiration for the work you're doing, sir.
MR. KELLY: Thank you.
ACTING PRESIDENT MEIER: Senator
McGee.
I'm sorry, Senator Schneiderman.
4809
You know, we're going to have to move this
lamp, Senator Schneiderman, because we can't
see you.
SENATOR SCHNEIDERMAN: If you
wish it moved, Mr. President, I support you in
that effort.
I just am rising to request
unanimous consent to be recorded in the
negative on Calendar 706 and 1252.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 706 and
1252.
Senator Seabrook.
SENATOR SEABROOK: Yes,
Mr. President. With unanimous consent, I'd
like to be recorded in the negative on
Calendar 1300.
ACTING PRESIDENT MEIER: Without
objection, Senator Seabrook will be recorded
in the negative on Calendar 1300.
Senator Smith.
SENATOR SMITH: Thank you.
Mr. President, I request unanimous consent to
be recorded in the negative on Calendar Number
4810
1300.
ACTING PRESIDENT MEIER: Without
objection, Senator Smith will be recorded in
the negative on Calendar Number 1300.
Senator McGee.
SENATOR McGEE: Mr. President,
would you please return to motions and
resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
SENATOR McGEE: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
there is.
The Chair recognizes Senator
Farley.
SENATOR FARLEY: I have lots of
motions here.
On behalf of the distinguished
Senator to my right, Senator Kuhl,
Mr. President, I wish to call up his bill,
1723, which was recalled from the Assembly,
which is know at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
4811
THE SECRETARY: Calendar Number
339, by Senator Kuhl, Senate Print 1723, an
act to amend the Agriculture and Markets Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
SENATOR FARLEY: I now offer the
following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR FARLEY: On behalf of
Senator Goodman, Mr. President, on page 44 I
offer the following amendments to Calendar
1030, Senate Print 5348, and I ask that that
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FARLEY: Mr. President,
4812
on behalf of Senator Goodman again, on page
42, Calendar Number 1005, Senate Print 778, I
ask that that bill retain its place after
amending it.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the calendar.
SENATOR FARLEY: On behalf of
Senator Skelos, Mr. President, on page 42 I
offer the following amendments to Calendar
1003, Senate Print 5275A, and I ask that that
bill retain its place.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the calendar.
SENATOR FARLEY: Mr. President,
on behalf of Senator LaValle, on page 10 I
offer the following amendments to Calendar
289, Senate Print 3024, and I ask that that
bill retain its place.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FARLEY: And last, on
4813
behalf of Senator Goodman, I offer the
following amendments on page 48, Calendar
1174, Senate Print 5671, and I ask that that
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator McGee.
SENATOR McGEE: Could we please
return to the Senate Resolution Calendar
Number 2 and adopt it at this time.
ACTING PRESIDENT MEIER: The
motion is to adopt the second Resolution
Calendar, Resolution Calendar Number 2. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar Number 2 is adopted.
Senator McGee.
SENATOR McGEE: Mr. President, if
4814
we could return to the controversial calendar
and take up Calendar Number 1301, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1301.
THE SECRETARY: Calendar Number
1301, by Senator Saland, Senate Print 5751, an
act to amend the Vehicle and Traffic 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, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
Senator McGee, we have some substitutions.
Shall we do those now?
SENATOR McGEE: Can we please
take them at this time.
4815
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 29,
Senator Farley moves to discharge, from the
Committee on Rules, Assembly Bill 8339 and
substitute it for the identical third reading,
794.
Senator Marcellino moves to
discharge, from the Committee on Rules,
Assembly Bill 8133A and substitute it for the
identical third reading, 1297.
On page 11, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill 7159 and substitute it for the
identical third reading, 350.
On page 23, Senator Nozzolio moves
to discharge, from the Committee on Rules,
Assembly Bill 6317 and substitute it for the
identical third reading, 652.
On page 10, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill 2332B and substitute it for the
identical third reading, 298.
On page 34, Senator Rath moves to
discharge from the Committee on Rules,
4816
Assembly Bill 1474A and substitute it for the
identical third reading, 860.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator McGee.
SENATOR McGEE: Mr. President,
there will be a meeting of the Rules Committee
at 2:30 in the Majority Conference Room,
please. The Senate will stand at ease pending
the report of the Rules Committee.
Members should be aware that the
Rules Committee's report will be for Monday,
June 14th.
ACTING PRESIDENT MEIER: There
will be a meeting of the Rules Committee at
2:30 in the Majority Conference Room. The
Senate will stand at ease pending the report
of the Rules Committee.
Senator Duane.
SENATOR DUANE: If I may be
allowed to cast my vote in the negative on
1301, with unanimous consent.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 1301.
4817
Senate will stand at ease. Members
should also be aware that the only order of
business following the report of the Rules
Committee will be to accept the report of the
Rules Committee.
(Whereupon, the Senate stood at
ease at 2:12 p.m.)
(Whereupon, the Senate reconvened
at 2:37 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, hands up the
following bills directly for third reading:
Senate Prints 542, by Senator
DeFrancisco, an act to dedicate the Camillus
mature hardwood management area;
4818
1144, by Senator Lack, an act to
amend the Civil Rights Law;
1238B, by Senator Larkin, an act
creating a temporary state commission;
2462, by Senator Leibell, an act to
amend Chapter 929 of the Laws of 1986;
3475, by Senator Paterson, an act
to amend the Tax Law;
4462A, by Senator Nozzolio, an act
to amend the Social Services Law;
4476B, by Senator Marchi, an act in
relation to authorizing;
4499, by Senator Bonacic, an act to
amend the General Business Law;
4694A, by Senator Seward, an act to
amend the Insurance Law;
4823, by Senator McGee, an act to
amend the Mental Hygiene Law;
4927A, by Senator Stafford, an act
to amend the State Finance Law;
5166A, by Senator Goodman, an act
to amend the Agriculture and Markets Law;
5497A, by Senator Johnson, an act
to amend the Lien Law;
5501, by Senator Nozzolio, an act
4819
to amend the Not-For-Profit Corporation Law;
And 5675A, by Senator Larkin, an
act to authorize the Commissioner of the
Department of Environmental Conservation.
All bills directly for third
reading.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: I move to accept
the report of the Rules Committee.
SENATOR DOLLINGER: Second.
ACTING PRESIDENT MEIER: All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: Is there any
other housekeeping at the desk?
ACTING PRESIDENT MEIER: The desk
is clean.
SENATOR SKELOS: There being no
4820
further business, I move we adjourn until
Monday, June 14th, at 3:00 p.m., intervening
days being legislative days.
Have a nice weekend.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, June 14, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 2:41 p.m., the
Senate adjourned.)