Regular Session - May 15, 2000
3334
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 15, 2000
3:10 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3335
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us today to
present us with an invocation is the Reverend
Marek Suchocki, from St. Stanislaus Kostka
Roman Catholic Church in Staten Island.
REVEREND SUCHOCKI: Let us pray.
O dear God, who has created and
sustains all the events He guides and all of
human works that are good and have a good
purpose, prompt those who believe to praise
and bless the Lord with sincere hearts. He is
the source and origin of every blessing.
The church teaches in regards as
worthy of praise and consideration the work of
those who, as a service to others, dedicate
themselves to the public good and undertake
the burdens of this task. Public life on
behalf of the person and society find its
3336
basic standard in the pursuit of the common
good as the good of everyone and as the good
of each person taken as a whole.
The common good embraces the sum
total of all those conditions of social life
by which individuals, families, and
organizations can achieve more totally their
own fulfillment.
Almighty God, let the light of Your
divine wisdom direct the deliberations of our
State Senate and shine forth in all the
proceedings and laws pertaining to our rule
and government. May they seek to preserve
peace and continue to bring us the blessings
of liberty and equality.
May Almighty God pour out on us all
his blessings and love. In the name of the
Father and of the Son and of the Holy Spirit,
amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, May 14, the Senate met pursuant to
adjournment. The Journal of Saturday, May 13,
was read and approved. On motion, Senate
3337
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations:
As a judge of the Family Court for
the County of Schenectady, Kathleen R.
DeCataldo, of Niskayuna.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
Chairman.
I rise to move the Governor's
nomination of Kathleen R. DeCataldo of
Niskayuna as a judge of the Family Court for
the County of Schenectady.
Her credentials have been examined
by the staff of the Judiciary Committee. They
have been found certainly to be in order. She
3338
appeared before the entire committee this
morning and was unanimously moved to the floor
of the Senate for consideration this
afternoon.
And I most respectfully yield to
Senator Farley for purposes of a second.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you very
much, Madam President.
I rise to support my friend
Kathleen R. DeCataldo for the Family Court, a
very important court and one that is very
difficult.
And let me just say I can't think
of anybody that is more eminently qualified to
serve in the Family Court than Kathleen. She
has an extensive legal background as a lawyer.
She was also very significant in our community
of Niskayuna, our hometown, where she served
as supervisor for a number of years and also
has been active in community affairs in the
town.
But let me just say this. With her
today is her husband, Bob, who is a
distinguished attorney in Schenectady, and her
3339
daughters, Devon and Audra, and also her
mother and her mother-in-law.
And let me just say that
Schenectady is indeed fortunate to have
somebody that is so qualified to serve in this
very, very important court. She has served as
law guardian many, many times and handled all
the difficult cases in family law, and, as I
said, will make an outstanding judge.
And she goes -- as soon as we
confirm her, she goes right on the bench. And
we look forward to a long and successful
career for Kathleen.
THE PRESIDENT: The question is
on the confirmation of Kathleen R. DeCataldo
as a judge of the Family Court for the County
of Schenectady. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And congratulations, Judge
DeCataldo.
3340
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a judge of the
Family Court for the County of Westchester,
Annette L. Guarino, of Rye.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
Chairman.
Madam President, I rise to move the
nomination of Annette L. Guarino, of Rye, as a
judge of the Family Court for the County of
Westchester.
We received the nomination. The
staff of the Judiciary Committee has examined
the credentials of the nominee. They were
found to be excellent. She appeared before
the full committee this morning and was
unanimously moved for consideration this
afternoon.
And I respectfully yield to Senator
Spano for purposes of a second.
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Thank you, Madam
President.
3341
It is my pleasure to second the
nomination of Annette Guarino to Family Court
and, in doing so, commend the Governor on an
outstanding appointment for someone who is an
impressive attorney in the County of
Westchester, a consummate professional, a
close personal friend that I've known for more
than well over a decade.
And by every account, she is a true
success story, having run the real gamut in
almost area of litigation, from commercial
litigation to bankruptcy to family law.
Annette is an exceptional nominee
for any judicial post. She has got the type
of temperament, as a compassionate person, to
serve in a very difficult situation in Family
Court, to make very difficult decisions that
impact the quality of life of our children
across Westchester County and this state and
in the families across Westchester County and
in this state.
So we must have someone who has
the -- that can be compassionate and who has
got the tenacity to hear every case in a fair
and in an objective manner. And that's why
3342
Annette is the perfect person to be a member
of the Family Court.
And it's my pleasure to second your
nomination today and to offer my sincere
congratulations to an outstanding attorney and
friend as she starts this new section of her
career, which so far has been one that has
made us all proud.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I too rise
to second the nomination of Annette Guarino.
And I think it's telling that
Annette and I two or three days ago were
together at a breakfast meeting of the
Westchester Children's Association. I say
that because it shows what someone's interest
is, where someone's heart is.
And this particular nominee is
going to do a superlative job on the Family
Court. She is a bright woman, graduated -
though I didn't know this -- summa cum laude,
which can be somewhat frightening. But she's
a person that's practiced all variety -- all
the variations that are possible, practically,
3343
within the legal system.
And so not only does she bring
compassion and understanding, intelligence and
experience, but she's someone that really has
the children's interests at heart.
So I applaud this nominee, and I
wish Annette the very best.
THE PRESIDENT: The question is
on the confirmation of Annette L. Guarino, of
Rye, as a judge of the Family Court for the
County of Westchester. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations, Judge Guarino, to
you and your family.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a judge of the
Dutchess County Court, Gerald V. Hayes, of
Poughkeepsie.
3344
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President.
I rise, once again, to move the
nomination of Gerald V. Hayes, of
Poughkeepsie. He's been nominated by the
Governor as a judge of the Dutchess County
Court.
Mr. Hayes' credentials have been
examined by the staff of the Committee on
Judiciary. They have been found to be
perfectly in order. He appeared before the
committee this morning, was unanimously moved
from the committee to the floor for
consideration by the entire Senate this
afternoon.
And I most respectfully yield for
purposes of a second to Senator Saland.
THE PRESIDENT: Senator Saland.
SENATOR SALAND: Thank you, Madam
President.
It is an absolute pleasure for me
to rise to second the nomination of Gerald
Hayes to become a Dutchess County judge.
We have heard at various times
3345
during the course of one or another nomination
about the extraordinary quality of judges that
Governor Pataki has sent to us for
confirmation. Certainly in a field of
exceptional candidates, none is more
exceptional than Gerry Hayes.
If you have the opportunity to look
at his resume, you will see that this is an
individual who for more than 30 years has
effectively been training for this moment. He
has, since the day he graduated law school,
been integrally involved in the criminal
justice system, as a prosecutor and as a
defense attorney, a public defender and in
private practice. He has represented both the
people of the State of New York and people
appearing before our courts as defendants
admirably, if not exceptionally.
If you look at his resume, you will
quickly see that he is one of the few people
in New York State that has been certified to
serve as counsel to persons who have been
charged with a capital crime and faced with
the death penalty.
Notwithstanding his enormous
3346
professional ability, his enormous commitment
and extraordinary commitment to our justice
system, he has managed to find the time to be
very active in his church and to contribute
years of service to various youth programs,
both basketball and baseball.
I'd be remiss if I didn't
acknowledge those who are here with him today:
His wife, Sheila -- I've known Gerry and
Sheila for nearly 30 years. All of their four
sons are with them. I don't believe their
daughters are with them today. And very
importantly, last but far from least, Gerry's
mom is also here to enjoy this extraordinary
moment.
We, as I said earlier, have been
blessed with some fantastic nominees. Gerry
Hayes will do justice not merely to the people
of the State of New York, he will do justice
to the confidence that the Governor has placed
in him and certainly will be a marvelous
judge.
And I feel, as I said to one of my
colleagues a bit earlier today, that there
will be nobody who will come before Judge
3347
Hayes who will not be treated fairly, evenly,
and in the spirit in which justice was
intended to be handled.
Best of luck. God bless.
THE PRESIDENT: The question is
on the confirmation of Gerald V. Hayes, of
Poughkeepsie, as a judge of the Dutchess
County Court. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations, Judge Hayes, to
you and your family.
(Applause.)
THE PRESIDENT: Reports of select
committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
3348
On behalf of Senator Bonacic,
please remove the sponsor star from Calendar
Number 686.
THE PRESIDENT: So ordered,
Senator.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Rath, I wish
to call up Senate Print Number 674A, recalled
from the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
237, by Senator Rath, Senate Print 674A, an
act to amend the Family Court Act.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: Senator
Fuschillo.
3349
SENATOR FUSCHILLO: I now offer
the following amendments.
THE PRESIDENT: The amendments
are received, Senator.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Padavan, I
wish to call up Senate Print Number 3597B,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
211, by Senator Padavan, Senate Print 3597B,
an act to amend the Administrative Code of the
City of New York.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
reconsider the vote by which the bill was
passed and ask that said bill be restored to
the order of third reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
3350
THE PRESIDENT: The bill is
restored to the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: I now move to
discharge, from the Committee on Cities,
Assembly Print Number 6626B and substitute it
for the identical bill.
THE PRESIDENT: Substitution
ordered.
SENATOR FUSCHILLO: I now move
that the substituted Assembly bill have its
third reading at this time.
THE PRESIDENT: So ordered. The
Secretary will read.
The substituted bill having been
passed the first time before the Senate, the
Secretary will read.
THE SECRETARY: Calendar Number
211, by Member of the Assembly Pheffer,
Assembly Print Number 6626B, an act to amend
the Administrative Code of the City of New
York.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
3351
President, I offer the following amendments to
the following Third Reading Calendar bills -
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR FUSCHILLO: The following
amendments are offered to the following Third
Reading Calendar bills:
On behalf of Senator Bruno, page
number 32, Calendar Number 233, Senate Print
Number 5752;
On behalf of Senator Morahan, page
number 36, Calendar Number 383, Senate Print
Number 6438;
On behalf of Senator Larkin, page
3352
number 37, Calendar Number 434, Senate Print
Number 5705A;
On behalf of Senator Spano, page
number 45, Calendar Number 621, Senate Print
6550;
On behalf of Senator Volker, page
number 62, Calendar Number 876, Senate Print
Number 6973;
And on behalf of Senator Seward,
page number 52, Calendar Number 747, Senate
Print Number 6730.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the Third Reading Calendar.
SENATOR FUSCHILLO: I now move
that these bills retain their place on the
Third Reading Calendar.
THE PRESIDENT: So ordered.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Yes, thank
you, Madam President.
I know that we certainly don't have
an opportunity to acknowledge people in our
house, but I have some young people who are
3353
looking in on us today to see just how we
function in the Senate, the 61 of us who are
here to pass legislation on their behalf.
So I did want to just let the
members know that there is a group of young
people who are looking at us today, trying to
evaluate what we do and how we do it and how
much we are working on their behalf.
They're from P.S. 335 in Brooklyn.
They are accompanied by their teachers,
Mr. Pierre Michel, Miss Brenda Cumberbatch,
and their guidance counselor, Mr. Charles
Goldberg.
So I hope that what they see today
is a perfect illustration of how the 61
members of the New York State Senate are
working very hard on a daily basis in our
seats, up on our feet, debating legislation on
their behalf.
Thank you, Madam President.
THE PRESIDENT: Senator Kuhl, we
have substitutions at the desk.
SENATOR KUHL: Yes, Madam
President.
I hope those young people who are
3354
visiting us here don't -- will acknowledge the
fact that there are members of this chamber
who violate the rules and that they will take
that to heart and are compliant with the rules
in the future in their lives.
But in any case, yes, I understand
there are some substitutions at the desk. And
I wonder if we could take those up at this
point.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 6,
Senator Libous moves to discharge, from the
Committee on Higher Education, Assembly Bill
Number 7233 and substitute it for the
identical Senate Bill Number 5723, First
Report Calendar 1166.
On page 6, Senator LaValle moves to
discharge, from the Committee on Higher
Education, Assembly Bill Number 9951 and
substitute it for the identical Senate Bill
Number 6889, First Report Calendar 1170.
And on page 56, Senator Nozzolio
moves to discharge, from the Committee on
Consumer Protection, Assembly Bill Number 6340
3355
and substitute it for the identical Senate
Bill Number 5110, Third Reading Calendar 801.
THE PRESIDENT: The substitutions
are ordered.
Senator Kuhl.
SENATOR KUHL: Madam President,
at this time may we have the noncontroversial
reading of the calendar, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
141, by Senator LaValle, Senate Print 807A, an
act to amend the Education Law, in relation to
community service.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3356
155, by Senator Padavan, Senate Print 1385, an
act to amend the State Administrative
Procedure Act, in relation to denial,
suspension and revocation.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
157, by Senator Bonacic, Senate Print 4579B,
an act to amend the Environmental Conservation
Law, the Labor Law, and the Transportation
Law, in relation to providing.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
234, by Senator Johnson, Senate Print 2788A,
an act to amend the Vehicle and Traffic Law,
in relation to motorcycle accident reporting.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
273, by Senator Johnson, Senate Print 2812, an
act to amend the Public Authorities Law, in
3357
relation to requiring the Triborough Bridge
and Tunnel Authority to provide.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
321, by Senator Bonacic, Senate Print 3906A,
an act to amend the Public Authorities Law, in
relation to the powers of the State of New
York Mortgage Agency.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
3358
THE SECRETARY: Calendar Number
476, by Senator Trunzo, Senate Print 6868A, an
act to amend the Vehicle and Traffic Law, in
relation to driving while ability-impaired by
drugs.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
489, by Senator Volker, Senate Print 1455, an
act to amend the Private Housing Finance Law,
in relation to voluntary dissolution.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
552, by Senator Saland, Senate Print 6933, an
act to amend the Social Services Law, in
relation to authorizing.
3359
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
571, by Senator LaValle, Senate Print 6487B,
an act to amend the Education Law, in relation
to the terms of office.
THE PRESIDENT: Read the last
section.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
612, by Senator Marchi, Senate Print 4692A, an
act to amend the Public Authorities Law and
the Real Property Tax Law, in relation to
securitization.
THE PRESIDENT: Read the last
section.
3360
THE SECRETARY: Section 15 -
SENATOR DOLLINGER: Lay that
aside, please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
625, by Senator Farley, Senate Print 2926, an
act to amend the Banking Law, the Education
Law, and the Surrogate's Court Procedure Act,
in relation to providing.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
723, by Senator Skelos, Senate Print 965A, an
act to amend the Domestic Relations Law, in
relation to disinterested persons.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
3361
passed.
THE SECRETARY: Calendar Number
725, by Senator Saland, Senate Print 1828, an
act to amend the Social Services Law, in
relation to allowing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall -
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
727, by Senator Morahan, Senate Print 5909B,
an act to amend the Not-for-Profit Corporation
Law, in relation to corporations.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
3362
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
730, by Senator Wright, Senate Print 7023A, an
act to amend the Public Authorities Law, in
relation to allowing the Town of Scriba,
County of Oswego.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
762, by Senator Saland, Senate Print 7575, an
act to amend the Social Services Law, in
relation to making the home visiting program
permanent.
THE PRESIDENT: Read the last
section.
SENATOR DUANE: Lay it aside,
please.
3363
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
776, by Senator McGee, Senate Print 5560, an
act to amend the Vehicle and Traffic Law, the
Environmental Conservation Law, and the Public
Health Law, in relation to standards.
THE PRESIDENT: Read the last
section.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
789, by Senator Rath, Senate Print 7358, an
act to amend the Municipal Home Rule Law, in
relation to the enactment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
3364
THE SECRETARY: Calendar Number
817, by Senator Trunzo, Senate Print 1659A, an
act to amend the Criminal Procedure Law, in
relation to service of summons.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
828, by Senator Lack, Senate Print 3592, an
act to amend the Civil Rights Law, in relation
to personnel records.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
3365
passed.
THE SECRETARY: Calendar Number
829, by Senator Skelos, Senate Print 5157, an
act to amend the Criminal Procedure Law, in
relation to permitting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
864, by Senator Johnson, Senate Print 1074, an
act to amend the Public Authorities Law, in
relation to directing the New York State
Thruway Authority.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect 180 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
3366
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
865, by Senator Larkin, Senate Print 1238B, an
act creating the temporary state commission on
the 50th anniversary of the Korean War.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
869, by Senator Trunzo, Senate Print 2551C, an
act to amend the Education Law, in relation to
payment of tuition.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
3367
August.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
874, by Senator Meier, Senate Print 6472A, an
act to amend the Executive Law, in relation to
broadening.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
914, by Member of the Assembly Weinstein,
Assembly Print Number 9525, an act to amend
Chapter 729 of the Laws of 1994.
THE PRESIDENT: Read the last
section.
3368
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: May we now have
the controversial reading of the calendar,
Madam President.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
155, by Senator Padavan, Senate Print 1385, an
act to amend the State Administrative
Procedure Act, in relation to denial,
suspension and revocation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PATERSON: I actually
didn't ask for an explanation, but I was
thinking of asking for one. But the chair is
so clairvoyant that she is correct, we would
3369
like to hear an explanation.
SENATOR PADAVAN: Very good. I
just wanted to make the record clear, Senator.
In 1986 the federal government
adopted an act known as the Federal
Immigration Reform and Control Act. Contained
in that document were provisions for the
knowingly hiring of illegal aliens.
Very comprehensive. Basically what
it provides for are civil and criminal
penalties for individuals who knowingly hire
illegal aliens. However, it makes no
mention -- as it cannot, obviously -- to any
entity that may be licensed by a state that
violates that law.
And so what we have before us is a
proposed statute that would allow the
revocation of a license for any entity,
corporate entity, that in effect violates the
federal law. It provides for a suspension up
to five years for two or more separate
occasions of violating the statute that I
described briefly previously.
SENATOR PATERSON: Madam
President.
3370
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Would Senator
Padavan yield for a few questions?
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator, I
turn your attention to Section 274 of the
Federal Immigration Act of 1986 and ask you
whether or not you interpret it to mean that
actually we would not be able to pass this
legislation because it would preempt the
federal government's demand not to have states
actually taking action against immigrants in
this particular way.
SENATOR PADAVAN: I could not
disagree with you more, Senator. The issuance
of a state license, whether it be for selling
alcohol or any other enterprise that requires
a state license -- under the Labor Law, you
name it -- that is our responsibility, our
jurisdiction. The state has a right to issue
it, and the state has a right to revoke it.
3371
The conditions for revocation are a
matter of law. In this case we are providing
for a law.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. If Senator Padavan would
continue to yield.
SENATOR PADAVAN: Yes.
THE PRESIDENT: You have the
floor, Senator Paterson. Go ahead.
SENATOR PATERSON: Senator, do
you have any concern that because of the
nature of the penalties that would be provided
should we pass this legislation, that
employers, upon viewing any prospective
employee who might be speaking a foreign
language or have a distinct ancestry of a
different national origin, that there would be
discrimination in that hiring?
Because one thing is assured. If
you don't hire anyone who even appears to be
an immigrant, you're not in any danger of
violating this law -- e.g., a possible
discrimination not necessarily because the
employer is one that is biased, but because
3372
the employer is actually frightened about
breaking the law.
SENATOR PADAVAN: No, I don't
have any concerns, Senator. If that were the
case, half the restaurants in New York City
would have to shut down, to say the least.
Senator, I have a number of
newspaper stories, situations that have
occurred throughout the state. One
particularly caught my interest. It's written
in the Buffalo News. It says "Assembly
Democrats from Western New York call on three
state agencies to investigate the use of
illegal aliens to construct the Tops Market
Distribution Center in Lancaster." It goes on
and on to describe how this, in their view,
this entity knowingly hired illegal aliens,
and they want it stopped.
Now, these state agencies can do
certain things. There's some things they
can't do. One of the things I'd like them to
be able to do, if there are any licenses
involved, to revoke them.
And I have stories of abuses in
sweatshops in the City of New York. It just
3373
goes on and on.
However, the bill, to address your
concern, says very explicitly -- it uses the
word twice -- "knowingly," knowingly hires
illegal aliens.
And as you and I know, coming from
that part of the state where we come from,
this goes on. And it shouldn't. Because
those people are being put in jobs, being paid
less than the minimum wage, are being put in
sweatshops, working under conditions that
should not be tolerated.
And frankly, there's very little a
state agency can do about it. Even the Labor
Department has limited jurisdiction.
We want to expand that in this one
instance, that that entity, if it is licensed
by the state for whatever purpose, that that
licensure might be forfeited. There are no
criminal penalties, nothing beyond the
forfeiture of the license.
SENATOR PATERSON: Madam
President, if Senator Padavan would continue
to yield.
THE PRESIDENT: Does the sponsor
3374
continue to yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Related to the
term "knowingly," which would describe what is
in the mind of the employer at the time that
the employee is hired, would this also include
becoming aware that the employee is an
immigrant after the employment was agreed
upon?
SENATOR PADAVAN: I'm not sure I
understand your question.
In other words, if after they were
hired the employer -- let's see if I can
paraphrase your question so I can answer it.
After they were hired, the employer found out
subsequently that that person was an illegal
alien and did nothing about it?
SENATOR PATERSON: Yes.
SENATOR PADAVAN: It would apply.
SENATOR PATERSON: Madam
Paterson, if Senator Padavan would continue to
yield.
SENATOR PADAVAN: Yes.
3375
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator
Padavan, give me an example of how -- you
certainly describe situations which are pretty
egregious.
And of course the immigrant status
is almost a blackmail, as you very accurately
describe, where the employee has no real
rights and no real ability to challenge
anything the employer does, so you wind up
working long hours, low wages. It's actually,
in many cases, as much a danger to the
employee as to the employer.
But what I want to know in this
particular case is how it becomes known to the
authorities that the employer knowingly hired
individuals who are illegal aliens who are
immigrants to this country. In other words,
give me an example of how you prove that this
is known.
SENATOR PADAVAN: Senator, as we
said and as is clearly written in the bill,
they have to have violated the federal law.
And that law is enforced by federal agencies.
3376
If you want an example, here is a
story that I'm reading where a number of
individuals had been working 60-hour weeks in
a very unsavory environment, making clothes
for some outfit that somehow or other was
associated with Kathy Lee in her Kathy Lee
Gifford's line of clothing. The federal
government went in there and did something
about it. That sweatshop was raided, fines
were issued.
Another story in the New York
Times, 1.5 million is levied by a federal
agency and they are further seeking criminal
penalties under the statute that we referred
to at the federal level, and the one that
would be the trigger for our action should
this become law.
SENATOR PATERSON: Thank you,
Madam President. I have one final question
for Senator Padavan.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PADAVAN: Final question,
Senator? Yes.
SENATOR PATERSON: Madam
3377
President, I'm interested in what is a final
determination, to go with my final question
and Senator Padavan's final answer.
It says in the legislation that
this would be handled administratively. Now,
we don't have vis-a-vis what you might have
immigration courts, so this would be handled
administratively. I want to know who makes
the final determination that there was a
hiring of an illegal alien with the requisite
knowledge of the employer.
SENATOR PADAVAN: Under the
federal law, if the business has exhausted all
of its appeals and has been found guilty of
that federal statute that I know you're
familiar with and that I briefly described,
that is the final determination. That's what
this bill says. And that's my final answer.
SENATOR PATERSON: It's wrong,
Madam President.
(Laughter.)
SENATOR PATERSON: On the bill.
THE PRESIDENT: You may proceed
on the bill, Senator Paterson.
SENATOR PATERSON: No, I don't
3378
think Senator Padavan is necessarily incorrect
in his assertion. I think that I disagree
with the premise of the legislation and really
with what I think would be a chilling effect
on employment.
He's absolutely right about the
misuse of illegal aliens and how it occurs. I
just think that what we're doing by passing
this legislation is turning employers into IRS
agents. The cases that he described are
examples of egregious violations of the law.
And I think perhaps on a count of how many
employees, that might be a way to do it.
But just the fact that there are
two violations, I think it could happen very
uncommonly, not in the big clothing apparel,
such as Kathy Lee Gifford's line, but in the
smaller businesses where something like this
could really injure a person that's trying to
earn a living.
And so I would urge a no vote on
this bill, Madam President.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: I don't want to
extend this debate, but I do have to comment
3379
on the final remark of my colleague here.
Senator, you referred to small
businesses. Again, I remind you and anyone
else who may be listening to us that this
statute would be triggered if the federal
government, under the Immigration Reform Act
of 1986, took significant punitive action.
And they don't go around looking
for one and two people. They're after the
kind of folks that I referred to you a moment
ago in some of these articles, where they're
levying big fines, where there are large
numbers of employees, where there's wholesale
abuse.
So this is not something that would
even remotely relate to your closing remarks.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 155 are
3380
Senators Coppola, Duane, Hevesi, Mendez,
Paterson, Rosado, Schneiderman, Seabrook, and
Stavisky. Ayes, 50. Nays, 9.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
157, by Senator Bonacic, Senate Print 4579B,
an act to amend the Environmental Conservation
Law, the Labor Law, and the Transportation
Law, in relation to providing.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield just for one
question?
THE PRESIDENT: Does the sponsor
yield?
SENATOR BONACIC: I do.
SENATOR DOLLINGER: Through you,
Madam President, is this bill designed to
create a new office of each of these agencies
in the Catskill region?
SENATOR BONACIC: That is not my
intent.
It's to create a branch office that
3381
will cover the Catskill region of four
counties -- Delaware, Greene, Sullivan, and
Ulster -- because of its uniqueness. The
uniqueness being the Catskill Park. And it
comprises the watershed area for New York
City.
And presently those four counties
are covered by three DOT offices, two DEC
offices, and three Labor offices. And for
purposes of comprehensive planning, economic
development, coordination, communication, we
felt that it would be better for that region
to have one branch office that could
coordinate all their activities for those four
counties.
It would be my desire that for the
existing offices we would perhaps, you know,
take one county away from one DOT office and
give it to the other. So there would be some
administrative reshuffling to accomplish the
purposes that I've described.
SENATOR DOLLINGER: Through you,
Madam President, just on the bill. I'll be
very brief.
I appreciate Senator Bonacic's
3382
intent here. But it seems to me if we're
going to reorganize the departments of this
state, the Department of Labor, the Department
of Economic Development, we ought to do it in
a wholesale fashion. We ought to look at the
entire state.
Certainly the DEC office in my
community is located in Avon, New York. I
think we should look at perhaps creating one
that has a greater focus towards the Great
Lakes and Lake Ontario.
And while I applaud Senator Bonacic
for doing it piece by piece, I would suggest
the better approach is to do it as an
entirety. If we're going to reorganize these
departments because of geographic boundaries
or new geographic preferences, I'm all for
taking a good look at that. But I'm going to
vote against this bill because I think by
doing it piecemeal, despite the good
intentions of Senator Bonacic, is a mistake.
We ought to do it as part of a
complete reevaluation. The Governor has the
clear power to do this. I would suggest that
this is better put in the Executive's power to
3383
reorganize these three departments, for the
very laudable goals that Senator Bonacic has
declared.
THE PRESIDENT: Senator Onorato.
SENATOR ONARATO: Madam
President, will the sponsor yield for a
question?
THE PRESIDENT: Does the sponsor
yield?
SENATOR BONACIC: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Onorato.
SENATOR ONORATO: Senator
Bonacic, will this new agency have any effects
on diminishing the city's rights to protect
its watershed? Will they be able to
promulgate rules that would be contrary to the
current rules that are in place protecting the
New York City watershed area?
SENATOR BONACIC: No.
SENATOR ONORATO: Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
3384
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Madam
President, to explain my vote.
THE PRESIDENT: To explain your
vote.
SENATOR OPPENHEIMER: I'm voting
in favor of this, and happily so.
Because we are in some regions,
with Senator Bonacic, in spite of the fact
that the county I'm in has close to a million
people, we have to schlep halfway up -- quite
a distance into Poughkeepsie in order to reach
our offices, which we find rather a peculiar
situation. A county of our size ought to have
something much more convenient.
And I therefore think that by
following your route, it would make our route
easier, because it would put us in with
neighbors who are closer to us. So I think
this is a fine bill. I vote yes.
THE PRESIDENT: Senator
3385
Oppenheimer, you will be so recorded as voting
in the negative.
The Secretary will announce the
results.
In the affirmative, excuse me,
Senator.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
234, by Senator Johnson, Senate Print 2788A,
an act to amend the Vehicle and Traffic Law,
in relation to motorcycle accident reporting.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Johnson, an explanation has been asked for.
SENATOR JOHNSON: By who, Madam
President? Madam President, who seeks the
explanation?
ACTING PRESIDENT McGEE: Senator
Duane seeks the explanation.
SENATOR JOHNSON: Thank you.
3386
Senator Duane, there was a report
put out in 1999, just a year ago, that
reported that of all the accidents in the city
involving pedestrians or bicycles, there were
only -- 90 percent of the time the auto driver
was responsible, and yet there were very
seldom summons. I think a similar
relationship involves motorcycles.
Now, those of you who have a local
paper certainly can read every week about the
number of motorcyclists killed on that weekend
on the roads. And almost invariably -- in
fact, in an investigation several years ago,
they found that out of 176 motorcycle crashes
with an automobile and a motorcycle, 175 of
them involved the auto driver making a left
turn in front of the motorcyclist as he was
proceeding legally down the road.
These things have been happening
for years. In fact, by miles traveled, there
are 20 times more motorcyclist deaths than
deaths in automobiles. And by registration,
there are three times as many.
And the reason is there's no
procedure for investigating car/motorcycle
3387
accidents or bicycle/auto accidents, even
pedestrian/auto accidents.
So our bill says when any of these
type of accidents occur, there shall be an
investigation, and hopefully there will be
summonses issued after they find out who is
responsible.
And reports will go to the Motor
Vehicle Department, and they will file a
report within three years telling us what the
procedure is, what happens, and what we can do
to strengthen the law so people aren't killed
willy-nilly on the road by absent-minded
drivers or, even worse, people violating the
law consciously in automobiles because they
don't think motorcycles or bicycles should be
there anyhow.
Well, I'll tell you the truth.
Right now there's a big environmental movement
out there regarding bicycles. And on some of
the major highways we're rebuilding, we're
having bicycle paths along those roadways.
Those people deserve to be protected from
careless drivers who can kill them willy-nilly
without any summons or any prosecution.
3388
I don't think it's right. I think
everyone has the right to use the road and
should give a consideration to the other
vehicles, whatever they may be, on the road.
This bill just calls for
investigating those accidents and filing a
report and let's see what we can do about this
terrible carnage on the highways.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. Will the sponsor yield to a couple
of questions?
ACTING PRESIDENT McGEE: Senator
Johnson, will you yield to a couple of
questions?
SENATOR JOHNSON: Yes, Madam
President.
SENATOR DUANE: Thank you.
I'm wondering if the Department of
Motor Vehicles has the resources to do this
documentation and data collection.
SENATOR JOHNSON: In 1993, the
federal government told this government pass a
law investigating every commercial
3389
tractor-trailer, commercial-vehicle accident
on the highways. And they're required to do
that.
Now, whether they have the
resources at this moment or not, they will
have the resources, because this is something
that must be done. And I don't think you can
put on a price on all these deaths being -
occurring without any investigation or without
any changes in laws to prevent this type of
thing from continuing in the future.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would continue to
yield.
ACTING PRESIDENT McGEE: Senator
Johnson, will you continue to yield?
SENATOR JOHNSON: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: As I understand
it, the sponsor has said that whether or not
the state presently has the resources, he
believes that a statewide database would be
important to track this serious problem. Did
3390
I understand you correctly, Senator?
SENATOR JOHNSON: That's correct.
SENATOR DUANE: Thank you.
On the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: Thank you very
much.
I think that this is an excellent
bill. However, I would like to point out that
whether or not the state at this moment has
the resources to put together the
documentation, the database to document these
serious accidents, I fail to see why we can't
do a database for other important issues
involving serious personal injury in the State
of New York -- for instance, by passing a hate
crimes bill which would provide documentation
of hate crimes around the state of New York.
So I'm voting yes on this just
because it's an excellent bill, and also with
the idea that it's entirely possible for us to
create a similar database to track hate crimes
in the state of New York.
Thank you, Madam President.
3391
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
476, by Senator Trunzo, Senate Print 6868A, an
act to amend the Vehicle and Traffic Law, in
relation to driving while ability-impaired by
drugs.
ACTING PRESIDENT McGEE: Senator
Montgomery, why do you rise?
SENATOR MONTGOMERY: I need to
vote no, Madam President. I'll wait until the
vote.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President.
3392
I am not going to ask for an
explanation on this legislation, but I would
like to comment that -
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: I'm not sure that
there's an ability right now to perform tests
on someone to see if they have been sniffing
glue or if they're under the influence of
sniffing glue.
I'm not sure that there's enough
knowledge within, for instance, the State
Police and local police forces on what a
person -- what mannerisms or how it would
appear if they were under the influence of
sniffing glue. And I'm not sure that we have
the tests in place, as I say, for a police
officer to administer such a test.
I mean, I'm not sure that we even
know at this point how long glue stays in the
body and whether a police officer could
actually administer a test before the glue was
passed out of their body.
I actually also -- I'm confused,
because I'm interested in this issue. I would
3393
have expected that it would go through the
committee which you chair, Madam President, of
which I'm a member, which is the Alcoholism
and Substance Abuse Committee. Yet it went
through a different committee. I might have
been able to ask my questions at that point if
it had been in that committee.
I'm going to vote for it, but I
think that more work needs to be done and more
information needs to be given before we can
actually enact this legislation into law.
Though, as I say, I think it's very
well-intentioned, but I think it needs work.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Coppola.
SENATOR COPPOLA: Madam
President, I'd like to ask a question of the
sponsor of this bill, please.
ACTING PRESIDENT McGEE: Will the
sponsor yield?
SENATOR TRUNZO: Yes, Madam
President.
ACTING PRESIDENT McGEE: Senator
Trunzo yields, Senator Coppola.
3394
SENATOR COPPOLA: How is this
going to be administered?
SENATOR TRUNZO: Actually, it's
the same violation if you're caught under
Section 1192 of the Vehicle and Traffic Law
with certain solvents. What is happening, it
would only be a violation.
What this will do is it would put
into legislation the -- certain drugs that are
in Section 3380 of the Health Law, which are
the definitions of drugs as part of this 1192
of the Vehicle and Traffic Law. And then it
would be, you know, impaired motorist, instead
of -- if you're driving with ability impaired,
it could be a misdemeanor rather than a
violation.
ACTING PRESIDENT McGEE: Senator
Coppola.
SENATOR COPPOLA: Madam
President, can I ask another question?
ACTING PRESIDENT McGEE: Will you
continue to yield, Senator Trunzo?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
3395
SENATOR COPPOLA: Will they do a
blood test, Senator?
SENATOR TRUNZO: No, I don't
believe so.
SENATOR COPPOLA: Well, then,
what other -
SENATOR TRUNZO: It's just a
matter of catching that you were sniffing
drugs, you know.
SENATOR COPPOLA: What other
method would there be, then, if they don't do
a blood test?
SENATOR TRUNZO: It would be a
field test.
SENATOR COPPOLA: A field test?
SENATOR TRUNZO: A field.
SENATOR COPPOLA: A feel test?
SENATOR TRUNZO: A field.
F-I-E-L-D. Field. You know, in the field
when the police stops you, they can do a field
test right there and then to determine whether
you were sniffing drugs.
SENATOR COPPOLA: Thank you,
Senator.
Madam President, on the bill.
3396
ACTING PRESIDENT McGEE: Senator
Coppola, on the bill.
SENATOR COPPOLA: I'm going to
support it because I think we should be doing
a lot more in this category. But we shouldn't
be as vague as we are. There should be more
to this bill. Right now there isn't anything
that's associated as far as good testing.
And I just think that we're
attempting to do something but we really don't
have any correct control over it. And it's
going to be very vague. And I really hope
that we can improve upon this.
But I will support this bill.
ACTING PRESIDENT McGEE: Thank
you, Senator Coppola.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
3397
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like unanimous consent to
be recorded in the negative on Calendar Number
155.
ACTING PRESIDENT McGEE: You
shall be so recorded. Thank you, Senator
Montgomery.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
571, by Senator LaValle, Senate Print 6487B,
an act to amend the Education Law, in relation
to the terms of office.
SENATOR LACHMAN: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
LaValle, Senator Lachman has asked for an
explanation, please.
SENATOR LAVALLE: Senator
Lachman, this bill, as you know, is not one of
the big reform bills on the Board of Regents
that I have introduced. But it simply tries
to move the time that we vote and involve
3398
ourselves in the Board of Regents from the
month of March to the month of May.
Everything else in the process is
the same. It's just a different time. It's a
time when we should be able to cogitate and
deliberate on something that is very, very
important.
Members of the Board of Regents are
the educational policymakers for this state.
Everyone is aware in this chamber of the kinds
of important policies that the Board of
Regents have promulgated in the recent number
of years. And so who we put on the Board of
Regents is very, very important, and the
process is important.
But I feel that they should be
given the kind of attention that the position
calls for. And that's why I would like to
move it to a time of the year that is a little
more sane here in terms of the Legislature.
But also, what are we voting on in
the third Tuesday in May? Members of the
school boards and the budgets. And so truly
May would be education month in terms of
selecting members of the Board of Regents, the
3399
board of education, and voting on our school
budgets.
That's why we changed to the month
of May.
ACTING PRESIDENT McGEE: Senator
Lachman.
SENATOR LACHMAN: Yes, on the
bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Lachman, on the bill.
SENATOR LACHMAN: Yes. This is a
major improvement -- I thank you, Senator
LaValle -- over last year's version, where
many of my colleagues and I voted against it.
And one of the major improvements
which the Senator did not mention was that
truly this will be the third -- this has to be
done by the third Tuesday in May, but in joint
session, not in separate sessions, of both
houses of the Legislature. And that, to me,
is a very important measure, and is in keeping
with the joint session philosophy that we have
now.
I also agree with Senator LaValle
that it will not create a situation of going
3400
six or seven or eight hours in the midst of a
budget process when conference committees are
meeting.
And I also think that cutting the
term of office of a Regent from seven to five
years is important, because that makes the
Regents more accountable to the State
Legislature of the State of New York.
I therefore, unlike last year's
legislation, support this year's bill by
Senator LaValle. Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Lachman.
Read the last section.
Excuse me one moment. Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Will the
sponsor yield to one other question?
ACTING PRESIDENT McGEE: Senator
LaValle, will you rise for one question?
SENATOR LAVALLE: Yes.
SENATOR DOLLINGER: Through you,
Madam President. Is it possible, Senator
LaValle, that if we postpone the election of
the Board of Regents till after April 1st the
3401
appointment of the Board of Regents could
become involved as part of the budget
negotiations?
Is there a danger here that this
could become entwined with our budget
deliberations, the appointments of the Board
of Regents? We've really handled them as sort
of separate issues. Is there a danger that
that could happen as a consequence of this
legislation?
SENATOR LAVALLE: One of the
things that we tried to do is the process
really begins almost -- the way it is in law
today, it runs almost concurrently with the
delivering of the budget to the Legislature in
which committees begin to look at the members.
At that very same time, we are beginning, as a
Legislature, to analyze the budget in the end
of January, February -- and indeed, in March,
we are passing budget resolutions.
And this year, at the very time
when we were involved in passing the budget
resolutions, we were dealing with multiple
members, selecting, I believe this year, seven
members to the Board of Regents.
3402
Now, this was an anomaly, because
we don't usually have that many. Usually it's
two, three, maybe four. This year was quite
unusual.
But nevertheless, when are we doing
that? When we are very, very much involved -
as Senator Lachman said, the budget conference
committees are beginning to do analysis and
even meet in the month of March.
So, you know, we could have picked
June, I suppose, or -- you know, Senator, in
all candor, I mean, when we look at the record
of the last number of years -- just go to last
year. We passed a budget in August. What
month do you pick?
And so what was equally as
important as trying to move it away from the
statutory date in which we must pass a budget
is to have everyone get tuned into Super
Tuesday in May. This is a time when we get
involved in thinking about education policy,
both at a state level, if this bill were to
become law, and at a local level, with school
board elections and the school budget.
So that's why May was chosen,
3403
Senator.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, I concur with Senator LaValle's
explanation. It's fine with me. Thank you.
ACTING PRESIDENT McGEE: Thank
you.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
612, by Senator Marchi, Senate Print 4692A, an
act to amend the Public Authorities Law and
the Real Property Tax Law, in relation to the
securitization.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 15. This
3404
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
625, by Senator Farley, Senate Print 2926, an
act to amend the Banking Law, the Education
Law, and the Surrogate's Court Procedure Act,
in relation to providing.
ACTING PRESIDENT McGEE: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Madam
President, will the sponsor yield just to one
of my favorite questions?
ACTING PRESIDENT McGEE: Senator
Farley -
SENATOR FARLEY: Certainly.
You have my memorandum over there?
SENATOR DOLLINGER: I do. I
appreciate it.
I have only one question, Madam
President.
3405
Does this in any way affect what's
left of home office protection in New York for
small banks?
SENATOR FARLEY: Absolutely not.
SENATOR DOLLINGER: Thank you,
Madam President. The bill is acceptable.
ACTING PRESIDENT McGEE: Thank
you, Senator Dollinger.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
725, by Senator Saland, Senate Print 1828, an
act to amend the Social Services Law, in
relation to allowing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3406
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
762, by Senator Saland, Senate Print 7575, an
act to amend the Social Services Law, in
relation to making the home visiting program
permanent.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Dollinger.
Oh. Senator Duane, I'm terribly
sorry. Are you asking for an explanation?
SENATOR DUANE: I took it in the
best -
ACTING PRESIDENT McGEE: Senator
Saland, may we have an explanation on the
bill, please?
SENATOR SALAND: Thank you, Madam
Chairman.
Madam Chairman, the -- Madam
3407
President, excuse me, the home visitation
program is a program which was initiated in
1995, modeled after the Hawaiian Healthy Start
program, something which has, in effect,
spawned a number of similar laws in a variety
of states.
The purpose is to intervene as
early as possible, particularly among children
at risk, families at risk, to provide
supportive serves, to provide medical
services. Basically, it's a tool for
providing preventive services.
What we would do in this
legislation is to make the program
permanent -- but, perhaps even more
importantly, is to also expand these services,
not merely to families but to expectant
parents as well.
The program has run very
effectively in the various sites in which it
has been used. And in fact, according to some
of the data that we've seen, the data from the
Elmira home visiting program would indicate
that there are government savings, in fact,
from the reduced expenditures in public
3408
assistance, food stamps, Medicaid, and child
protective services.
The bill memo, for anybody who
would care to read it, will show a very high
level of successful interventions for
immunizations as well as other necessary and
appropriate tests relating to the health of
young children.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield to a
couple of questions?
ACTING PRESIDENT McGEE: Will you
yield for some questions, Senator Saland?
SENATOR SALAND: Yes, Madam
President.
ACTING PRESIDENT McGEE: He
yields.
SENATOR DUANE: Thank you.
I think this is good that we're
going to make this program permanent.
However, that it hasn't been permanent would
lead me to believe that we previously had
allowed these visits under a temporary
3409
program, "temporary" meaning that there would
be some kind of report which would come to the
Legislature on the effectiveness.
According to the memo which came
out with the legislation, there's an
evaluation of the program underway with the
assistance of Rockefeller College of SUNY
Albany; is that correct?
SENATOR SALAND: I'd be very
happy to share that with you, Senator. It's
here in my hand.
SENATOR DUANE: The study?
SENATOR SALAND: Yes.
SENATOR DUANE: Thank you. So
through you, Madam President, the study is
completed.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: So that means the
study is completed?
ACTING PRESIDENT McGEE: All
right. Senator Saland -
SENATOR SALAND: If you read the
bill, the bill will tell you that the study
will be ongoing, that every three years we
3410
will getting reports.
The mere fact that there is very
positive data here tells us that this is a
very worthwhile program that has very
appropriate social purpose issues to be met
and in fact meets them effectively, it also
meets them in a cost-effective fashion.
Paragraph 7 of the bill, beginning
down around line 38, will tell you that
beginning on December 1st of this year and
every three years thereafter, there will be a
report that will be required to be delivered
to the Legislature.
And by way of additional
information, as the Senate chair of the Human
Services Budget Conference Subcommittee, we
increased the amount of money that was being
provided to home visitation programs, which
last year was approximately $6.2 million, to
$16.4 million. It was a priority of our Human
Services Budget Conference Subcommittee, and
certainly a priority of mine in this year's
budget negotiations.
ACTING PRESIDENT McGEE: Senator
Duane.
3411
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Saland, will you continue to yield for Senator
Duane?
SENATOR SALAND: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: As I read the
legislation, it implies that the study which
the sponsor is holding in his hand is the
final report, although there will be ongoing
reports after that. Is that correct, that
this was the so-called final report that was
supposed to be out after three years?
SENATOR SALAND: There was an
interim report that was filed in 1997.
What I have in my hand is something
entitled "Healthy Families: New York Home
Visiting Program Data Findings." It's Dated
May of 1999, Center for Human Services
Research, Rockefeller College.
ACTING PRESIDENT McGEE: Senator
3412
Duane.
SENATOR DUANE: Through you,
Madam President, if the sponsor would yield
for one more question.
ACTING PRESIDENT McGEE: Senator
Saland, one more question from Senator Duane?
SENATOR SALAND: Yes, Madam
Chair -- Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Is the funding
for the study a line item in the budget, or
will we be approving that each year? Or is it
state-funded at all?
SENATOR SALAND: I didn't hear
the last part of your question. Or is it -
SENATOR DUANE: I'm wondering if
the study being done by Rockefeller University
is a line item in the budget or if we will be
putting it in each year or if in fact -
SENATOR SALAND: I don't recall
it as a line item. I'm assuming it comes from
general budget expenditures.
SENATOR DUANE: Thank you, Madam
President. Thank you.
3413
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
776, by Senator McGee, Senate Print 5560, an
act to amend the Vehicle and Traffic Law, the
Environmental Conservation Law, and the Public
Health Law, in relation to standards.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: An
explanation has been requested.
ACTING PRESIDENT MEIER: Oh,
Senator McGee. An explanation has been
requested of Calendar Number 776.
SENATOR McGEE: Thank you, Mr.
3414
President.
This bill would amend the Vehicle
and Traffic, the Environmental Conservation,
and the Public Health Law to transfer
regulatory authority for breath-testing
equipment and operation standards from the
Department of Health to the Division of
Criminal Justice.
Over the last several years, the
responsibility for training municipal officers
has fallen to the Division of Criminal
Justice. And they have supervised the
functioning and education and ensuring the
continued competence of breath-test operators.
Newer technology for assessing
blood alcohol content from a blood alcohol
sample has produced a variety, a wide variety
of test equipment choices for the law
enforcement community. Evaluating this
equipment imposes a large burden on the
Department of Health concerning a matter
that's really not within the traditional
health care domain.
Shifting the authority for breath
equipment and operator standards to DCJS would
3415
relieve the Department of Health of a task
that is not directly related to issues of
well-being, without disturbing the continuing
authority to regulate blood, urine, saliva
testing procedures. And it really will enable
DCJS to more quickly meet the evolving
technical developments and corresponding
training needs in this specialized field.
In all honesty, to sum up the bill,
the bill advances the efficiency and
effectiveness of New York's response to drunk
driving.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield, please?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you. It
sounds as if the sponsor believes that DCJS is
in this case better-qualified to give tests or
to be the final arbiter of test results and
the way tests are administered than is the
Department of Health; is that correct?
3416
SENATOR McGEE: Through you, Mr.
President, DCJS are the individuals who have
been assigned the task of calibrating,
evaluating, and making sure that the
efficiency of the breath test equipment is
correct and proper. They are the ones who by
rights should administer the test.
It is not something that is done by
the Department of Health. DCJS trains the
officers in the field to be able to use this
equipment. And we have a continuing changing
of the equipment, bringing it more up-to-date.
So yes, DCJS is the one that should
be the ones that do the reading and do the
breath-test equipment.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Does the sponsor
envision any Department of Health involvement
in the breathalyzers from now on?
3417
SENATOR McGEE: This does not
take away any of the authority that the
Department of Health has, as it continues to
regulate the blood, the urine and saliva
testing procedures.
SENATOR DUANE: But not -
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But not breath?
SENATOR McGEE: Not at this
point, no. Breath is taken on the spot, I
believe.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm concerned
about this legislation. I think that this
function is better kept in the Department of
Health.
I am reminded that recently at a
3418
meeting of the New York State AIDS Advisory
Committee, where we had asked people from DOCS
and specifically from the Health Department of
DOCS to come and testify before us regarding
problems with AIDS care in the prisons, that
DOCS sent no one to it.
I believe that the Health
Department in that case as well as in this
case is better able to take care of the health
needs and testing needs on the body, no matter
what they are. And whether it's DCJS or DOCS,
I think that any function that has to do with
the body is best kept with the Department of
Health.
I actually would have been
interested to hear what DOCS had to say, but
they didn't show up at that hearing. But
that's my position until I can be persuaded
otherwise.
Thank you, Mr. President.
SENATOR McGEE: Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: I need to assure
the Senator that the DCJS is not setting the
3419
regulation or the rules for this. That still
stays within the Department of Health. DCJS
is the people who are responsible for
calibrating and making sure that the equipment
runs properly. The authority still stays with
the Department of Health.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: The desk
is clean, Senator Skelos.
SENATOR SKELOS: There being no
3420
further business to come before the Senate, I
move we adjourn until Tuesday, May 16th, at
11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, May 16, at 11:00 a.m.
(Whereupon, at 4:30 p.m., the
Senate adjourned.)