Regular Session - June 1, 2000
4057
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 1, 2000
10:06 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
4058
P R O C E E D I N G S
ACTING PRESIDENT McGEE: 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.)
ACTING PRESIDENT McGEE: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Wednesday, May 31st, the Senate met pursuant
to adjournment. The Journal of Tuesday,
May 30th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
4059
there will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Leibell, I
wish to call up his bill Senate Print 6866,
which was recalled from the Assembly, which is
now at the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
4060
742, by Senator Leibell, Senate Print 6866, an
act to amend the General Municipal Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR FARLEY: Madam President,
I now offer the following amendments.
ACTING PRESIDENT McGEE:
Amendments received.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar in
its entirety, with the -- well, with the
exception of Resolution 4448.
ACTING PRESIDENT McGEE: All in
favor of adopting the Resolution Calendar with
the exception of Resolution 4448 signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
4061
(No response.)
ACTING PRESIDENT McGEE: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution, 4373, at the
desk, by Senator Farley. May we have the
title read and move for its immediate
adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Farley, Legislative Resolution Number 4373
honoring Michael Lesick upon his retirement
from the Fonda-Fultonville Central School
District.
ACTING PRESIDENT McGEE: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
4062
Senator Skelos.
SENATOR SKELOS: Madam President,
there are three privileged resolutions by
Senator Larkin: 4504, 4505, and 4506. May we
have the titles read and move for their
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 4504,
honoring Gertrude and Reuben Mokotoff upon the
occasion of their designation for special
recognition by the Jewish Federation of
Greater Orange County on Sunday, June 4, 2000.
By Senator Larkin, Legislative
Resolution Number 4505 honoring June and
Gerald Kreisberg upon the occasion of their
designation for special recognition by the
Jewish Federation of Greater Orange County on
Sunday, June 4, 2000.
And by Senator Larkin, Legislative
Resolution Number 4506 honoring Edna and
Shepard Pryluck upon the occasion of their
designation for special recognition by the
Jewish Federation of Greater Orange County on
4063
Sunday, June 4, 2000.
ACTING PRESIDENT McGEE: The
question is on the resolutions. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolutions are adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial
calendar at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
293, by Senator Wright, Senate Print 1229, an
act to amend the Tax Law, in relation to
disclosure.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4064
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
294, by Senator Wright, Senate Print 1231B, an
act to amend the Tax Law, in relation to
notices and limitations.
ACTING PRESIDENT McGEE: 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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
296, by Senator Stafford, Senate Print 6157A,
an act to amend the Tax Law and Chapter 501 of
the Laws of 1999.
ACTING PRESIDENT McGEE: Read the
last section.
4065
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
480, by Senator Bonacic, Senate Print 6711A,
an act in relation to legalizing, validating,
ratifying and confirming.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
621, by Senator Spano, Senate Print 6550A, an
act to amend the Retirement and Social
Security Law, in relation to ordinary death
benefits.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
4066
THE SECRETARY: Calendar Number
744, by Senator Leibell, Senate Print 7530, an
act to amend the Retirement and Social
Security Law, in relation to granting members.
ACTING PRESIDENT McGEE: 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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
816, by Senator LaValle, Senate Print 1620A,
an act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
894, by Senator Oppenheimer, Senate Print
2928, an act to amend the Public Housing Law,
4067
in relation to the New Rochelle Housing
Authority.
ACTING PRESIDENT McGEE: 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, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
922, by Senator Meier, Senate Print 7616A, an
act to amend the Retirement and Social
Security Law, in relation to granting members.
ACTING PRESIDENT McGEE: 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, 40.
ACTING PRESIDENT McGEE: The bill
4068
is passed.
THE SECRETARY: Calendar Number
980, by Senator Lack, Senate Print 7749A, an
act to amend the General Obligations Law, in
relation to the statutory short form.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
984, by Senator Marchi, Senate Print 3605B, an
act to amend the Not-for-Profit Corporation
Law, in relation to increasing the trust funds
available.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2000.
4069
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1010, by Senator Volker, Senate Print 7378A,
an act to amend the Penal Law, in relation to
arson in the fifth degree.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1039, by Senator Lack, Senate Print 6764, an
act to amend the Correction Law, in relation
to the preamble played before charges.
4070
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1071, by Senator Goodman, Senate Print 7117,
an act to amend the Tax Law, in relation to
simplifying filing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1136, by Senator Wright, Senate Print 7355, an
act to amend the Public Health Law, in
relation to a process for registration.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
4071
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1169, by Senator Farley, Senate Print 6728A,
an act to authorize the trustees of the State
University of New York.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1188, by Senator Wright, Senate Print 1880B -
SENATOR SKELOS: Lay it aside for
the day.
4072
ACTING PRESIDENT McGEE: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1191, by Senator Leibell, Senate Print 3009,
an act to amend the Civil Practice Law and
Rules, in relation to personal property.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1192, by Senator Saland, Senate Print 3019B,
an act authorizing the reopening the
twenty-year retirement plan.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
4073
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1193, by Senator Trunzo, Senate Print 4203A,
an act to amend the Highway Law, in relation
to the power of the commissioner.
ACTING PRESIDENT McGEE: 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, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1194, by Senator Trunzo, Senate Print 4208, an
act to amend the Transportation Law, in
relation to the regulation.
4074
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1195, by Senator Trunzo, Senate Print 4268A,
an act to amend the Highway Law, in relation
to highway projects.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1196, by Senator Maziarz, Senate Print 4613,
an act to amend the Vehicle and Traffic Law,
in relation to increasing penalties.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
4075
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1198, by Senator Larkin, Senate Print 5675A,
an act to authorize the commissioner of the
Department of Environmental Conservation to
transfer and convey.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1199, by Senator Rath, Senate Print 6147, an
act to amend the Vehicle and Traffic Law, in
4076
relation to the penalties for leaving the
scene of a personal-injury motor vehicle
accident.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1201, by Senator Marcellino, Senate Print
6514, an act in relation to granting a
retroactive senior citizen tax exemption to
Gladys Raso.
ACTING PRESIDENT McGEE: 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 McGEE: Call the
4077
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President, just to explain my vote on
this.
This bill, which I don't know much
about, although I've read the sponsor's memo,
raises an issue that I've spoken many times on
the floor about, and that is the question of
what do we do when property taxes are either
paid in part, in the situations in which
not-for-profits buy property and don't apply
for tax exemption, or in this case, where you
have what appears to be a deserving senior
citizen who doesn't get her exemption and
we're now going retroactive back 14 years to
clarify what was a mistake.
I understand why Senator Marcellino
does this. But it seems to me we have to come
up with a solution to these problems of when
do we allow someone to get a tax exemption
that they've lost, unintentionally or through
government error, to be able to go back and to
4078
allow government to rebate or reduce their
property tax payments.
Do we need to set up some kind of
fund that each community that performs
taxation would keep which would be a refund
pot that could be used to repay these so that
these kinds of mistakes don't require state
legislation to cure them?
It seems to me this is exactly the
same kind of problem that we have to those
innumerable bills that we do for charitable
organizations who buy properties and then
don't apply for their tax-exempt status.
I'm going to vote against this
bill, Madam President, to continue to
highlight the need for us to address the
problem of real property taxation in the same
way and to eliminate the need for this
Legislature to get involved every time someone
like Mrs. Raso, who appears to be deserving
and entitled to this, nonetheless has to come
to the State Legislature to get a solution to
her problem.
This isn't fair to her. It isn't
fair to our real property tax system. And we
4079
ought to come up with a way -- and I don't
think it's a difficult way -- to solve these
problems on a case-by-case basis in the local
communities without having to come to Albany
to do it.
I will vote in the negative, Madam
President.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, just to clarify.
Mrs. Raso has been seeking her just
deserts for many, many years. It's taken us a
while to establish exactly what it was and
exactly to the -- have the town admit that
there was a mistake in fact made by the
government.
This was not her error, this was
their error, and it took a while for them to
come around to admit to it. Now they've done
that and sent us a home rule message that they
need our help to correct their problem.
All that being said, I take under
advisement the Senator's comment about a fund,
a set-aside fund. However, we'd not like to
4080
be accused of setting up some type of mandate
on local municipalities that would be unfunded
by the state. So we will look into it after,
because it makes some sense that that might be
a way to go.
Thank you.
ACTING PRESIDENT McGEE: Senator
Dollinger will be in the negative, Senator
Marcellino in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 43. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Education Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Education
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
4081
1202, by Senator McGee, Senate Print 6682, an
act to amend the Criminal Procedure Law, in
relation to employees of the Chautauqua County
sheriff's office.
ACTING PRESIDENT McGEE: 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, 43. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1203, by Senator Johnson, Senate Print 6898,
an act to amend the Tax Law, in relation to
extending the authorization of the County of
Suffolk.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
4082
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1203 are
Senators Dollinger, Gentile, and M. Smith.
Ayes, 41 -- also Senator Coppola. Ayes, 40.
Nays, 4.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1204, by Senator Saland, Senate Print 7233, an
act to amend Chapter 797 of the Laws of 1871
relating to incorporating.
ACTING PRESIDENT McGEE: 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, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1205, by Senator Velella, Senate Print 7468,
4083
an act to amend the Social Services Law, in
relation to persons and officials required.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of the
calendar month next succeeding the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1207, by Senator Hoffmann, Senate Print 7800,
an act to amend the Public Authorities Law, in
relation to terminating the City of Rome
Parking Authority.
ACTING PRESIDENT McGEE: There's
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4084
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1208, by Senator Rath, Senate Print 7811, an
act to amend the Local Finance Law, in
relation to statutory installment bonds.
ACTING PRESIDENT McGEE: 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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1209, by Senator Spano, Senate Print 7861, an
act to amend the State Finance Law, in
relation to payment of emergency financial
aid.
ACTING PRESIDENT McGEE: Read the
last section.
4085
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1210, by Senator Velella, Senate Print 7864,
an act to amend the Civil Practice Law and
Rules, in relation to mileage fees.
ACTING PRESIDENT McGEE: There's
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
October.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
4086
1211, by Senator Skelos, Senate Print 7866, an
act to authorize the assessor of the County of
Nassau to accept an application.
ACTING PRESIDENT McGEE: 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, 45. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1212, by Senator Padavan, Senate Print 7893,
an act to amend the General Municipal Law, in
relation to governing body.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1213, by Senator Goodman, Senate Print 7909,
4087
an act to amend the Tax Law, in relation to
creating the Office of Taxpayer Advocate.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR STACHOWSKI: Lay it
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1214, by Senator Skelos, Senate Print 2883, an
act to amend the Tax Law, in relation to
providing a fair marketplace.
ACTING PRESIDENT McGEE: 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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos, that completes the
reading of the noncontroversial portion of the
calendar.
4088
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
480, by Senator Bonacic, Senate Print 6711A,
an act in relation to legalizing, validating,
ratifying and confirming actions.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Bonacic, an explanation has been requested.
SENATOR BONACIC: Thank you,
Madam President.
This is a piece of legislation that
was presented to this house back in March and
was approved 58 to nothing. And this was a
technical amendment change that had to do with
clarity by the Assembly. So we're revisiting
the same bill that Mr. Dollinger and I talked
about at length. And I have no problem again
telling you what that is.
This bill seeks to validate a
Liberty School District transportation
contract. Initially we thought there was an
administrative oversight by the Liberty School
4089
District when it filed its transportation aid
contracts. As a result, it made them subject
to fines and penalties from the New York State
Education Department.
When it was investigated further,
it was discovered that the mistakes were made
not by the school district but by the
Education Department. And all this does is
eliminate the fines and the penalties.
As I said, it passed the Assembly
in March, but the Assembly wanted to delete -
just for clarity, in our original bill they
wanted to take out wording to this effect:
"All the acts done in proceedings heretofore
had and taken or caused to be had," and they
wanted it referenced to subdivision 5 of
Section 3604 of the Education Law that deals
with aid and apportionment of aid when it
comes to transportation. Which is just a
technical amendment.
ACTING PRESIDENT McGEE: Thank
you, Senator Bonacic.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, thank you for the explanation from
4090
Senator Bonacic.
I rise again much like I did with
Senator Marcellino. This is a problem we run
into every single year with school districts
and awarding of contracts. They all have to
come back here to the Legislature for
remediation.
I appreciate the diligent hometown
work by Senator Bonacic, but I think it's time
to come up with a solution to this problem so
that we don't have to, frankly, bother this
Legislature with these kinds of remedial
actions when there are disputes over timing of
bus contracts or other state aid payments to
our school districts.
Let's come up with a legislative
solution that gives the Department of
Education the flexibility to deal with these
on a case-by-case basis and prevents the
Legislature from constantly having to
intervene.
I think the rest of my remarks to
Senator Bonacic back in March are all a part
of the record. But I just think it's time to
face this issue, much like we faced the
4091
tax-exemption issue, much like we faced poor
Mrs. Raso's property tax exemption. Let's
come up with a statewide solution that takes
these problems out of the Legislature and into
the local communities and into the
administrative process where they properly
belong.
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, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
621, by Senator Spano, Senate Print 6550A, an
act to amend the Retirement and Social
Security Law, in relation to ordinary death
benefits.
SENATOR DOLLINGER: Just a brief
explanation.
SENATOR SKELOS: Lay it aside
4092
temporarily.
ACTING PRESIDENT McGEE: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
816, by Senator LaValle, Senate Print 1620A,
an act to amend the Criminal Procedure Law, in
relation to the designation of peace officers.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LAVALLE: Yes. Senator
Duane, this is the same garden-variety peace
officer bill that I know you vote against.
It's for the town of East Hampton.
I know that you're very familiar
with the town of East Hampton, particularly
during the summer months from the Memorial Day
weekend to Labor Day, and even beyond, where
the population swells well beyond the numbers
and the population of the town of East
Hampton.
And this would give the code
enforcement officers the ability to be peace
officers and be able to enforce the various
4093
codes as we have indicated in the memorandum,
whether it be environmental code, housing
code.
We have a lot of problems with the
housing code. And to have the ability for
peace officers with consistent duties under
the CPLR -- under the Criminal Procedure Law
to be able to function with their duties
according to that law is what we need,
particularly in the small towns.
I know that so much is made about
peace officer status and the ability to carry
firearms and so forth. This legislation is
actually being filed not for that reason but
for the reason that I've stated, because of
the violations of apartment -- abuse of the
housing law within the town, people using
apartments illegally, code enforcement
officers not having the ability to go in and
deal with those violations. And I can go on
and on and on.
So that's the explanation on the
bill, Senator.
ACTING PRESIDENT McGEE: Senator
Duane.
4094
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield?
ACTING PRESIDENT McGEE: Senator
LaValle, will you yield for Senator Duane?
SENATOR LAVALLE: I don't know
what I could add, but I will yield.
SENATOR DUANE: I'm wondering how
the conveyance of peace officer status would
aid the inspectors in their duties of
inspecting properties.
SENATOR LAVALLE: To inspect
properties?
SENATOR DUANE: Or to make sure
that the code is enforced.
SENATOR LAVALLE: Particularly
their ability to get warrants and go before
the court on those violations.
And that's what I talked about when
I talked about the Criminal Procedure Law;
very specifically, their ability to seek a
warrant where there's probable cause and to be
able to go before a court and get that warrant
to fulfill their duty where there's a
violation or an incident.
SENATOR DUANE: Through you,
4095
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, will you continue to yield?
SENATOR LAVALLE: Yes. Yes.
SENATOR DUANE: Would this enable
the enforcement officers to not have to use
the services of, for instance, a town attorney
when going before a judge on a code violation?
ACTING PRESIDENT McGEE: Senator
LaValle.
SENATOR LAVALLE: I think the
town attorney would still be involved in that,
Senator.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, will you continue to yield?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield, Senator Duane.
SENATOR DUANE: If the town
attorney would still have to be involved and
go to court, then I'm not sure why it is that
4096
a code enforcement officer would need to have
this peace officer status. If the sponsor
would just explain why that is.
SENATOR LAVALLE: Senator,
there's still an involvement of the officer,
the peace officer, in securing the warrant,
serving it, et cetera. The town attorney does
not do that. The officer does that. That's
his duty. That's his responsibility.
The town attorney, if the matter
goes before the court, would then handle that
matter as a legal matter before the court.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, do you continue to yield for Senator
Duane?
The Senator yields.
SENATOR DUANE: Thank you.
How are those notices served now?
SENATOR LAVALLE: They would have
to go out and get a peace officer to do that.
And that's the purpose of this
bill, because you have a burgeoning population
4097
during a certain time of the year, you have a
limited number of officers that can serve in
that particular function. And so with the
code enforcement officers, you are increasing
the number of people that can be involved in
these various activities.
Because you may be focused on one
issue of housing, but there's a variety -- as
you're reading from the memorandum, there are
a variety of issues that pop up during this
period of time, during Memorial Day to Labor
Day. And you have a small police force in the
town of East Hampton, and they really need
additional help. So this would allow code
enforcement officers to serve in that role.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, will you continue to yield to Senator
Duane?
SENATOR LAVALLE: Yes. Yes, I
will.
SENATOR DUANE: Presently an
inspector would have to go a Town of East
4098
Hampton police officer in order to serve a
notice? Is that what the sponsor is saying?
SENATOR LAVALLE: I believe that
to be the case.
SENATOR DUANE: Madam President,
I didn't hear what the sponsor said.
SENATOR LAVALLE: I said I
believe that to be the case.
SENATOR DUANE: Thank you. If
the sponsor would continue to yield, Madam
President.
ACTING PRESIDENT McGEE: Senator
LaValle?
SENATOR LAVALLE: No.
ACTING PRESIDENT McGEE: The
Senator does not continue to yield.
Senator Duane.
SENATOR DUANE: David. David,
the sponsor is not continuing to yield.
ACTING PRESIDENT McGEE: Senator
Duane, do you wish to be heard on the bill?
Senator Paterson.
SENATOR PATERSON: Madam
President, would Senator Duane yield for a
question?
4099
ACTING PRESIDENT McGEE: Senator
Duane, will you yield for a question from
Senator Paterson? Will you yield for a
question, Senator?
SENATOR DUANE: Yes, Madam
President.
ACTING PRESIDENT McGEE: Senator
Duane yields, Senator Paterson.
SENATOR PATERSON: Madam
President, I was wondering, Senator Duane, why
it is that when there's information that
you're trying to elicit from this bill, why
would you feel that we wouldn't complete the
discussion.
In spite of the fact that we may
have had these discussions before, each bill
that coms before us is distinguishable. No
bill is unique, but each bill is
distinguishable, and this is what we act upon
as legislators. And I just wondered what you
thought about that.
SENATOR DUANE: To respond, I
really have no idea, when I actually think the
questions I've been putting forward are
certainly legitimate questions.
4100
And the conveyance of peace officer
status, no matter what the circumstances, is a
very serious matter. Which I believe is the
reason why the Constitution of the State of
New York has put the ability to convey peace
officer status into the hands of the
Legislature.
So why it is that we wouldn't want
to have a thorough discussion on it is
actually way beyond me.
I'm at this time not going to speak
on the bill, Madam President, but I will be
voting in the negative on it, and also say how
very sorry I am that we've not been able to
have a full discussion of this piece of
legislation before voting on it.
ACTING PRESIDENT McGEE: Thank
you, Senator Duane.
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: Those recorded in
4101
the negative on Calendar Number 816 are
Senators Duane, Hevesi, and Montgomery. Ayes,
48. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Higher
Education Committee in the Majority Conference
Room, please.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1039, by Senator Lack, Senate Print 6764, an
act to amend the Correction Law, in relation
to the preamble played before charges begin on
the 900 number.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Lack, an explanation has been requested.
SENATOR LACK: Thank you, Madam
4102
President.
It's a very simple bill. It sets a
charge of 50 cents on 900-number Megan Law
calls, and requires that in the preamble -
I'll just read it -- that there be a statement
and information package, including a
description of the law on sex abuse and
abduction prevention materials available upon
request from the division.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield, please?
ACTING PRESIDENT McGEE: Senator
Lack, will you yield for some questions from
Senator Duane?
SENATOR LACK: For a question,
yes, Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Thank you, Madam
President.
I'm wondering why it is that we're
going to charge anything at all for this
information, why we're dropping it from $5 to
4103
50 cents and why, if the information is
available on the Internet, are we charging
anything at all for it.
SENATOR LACK: To try and help
cover the costs of providing the line.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Lack, will you continue to yield?
SENATOR LACK: For another
question, yes, Madam President.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DUANE: Thank you.
I'm wondering whether, because we
see on a fairly regular basis various
amendments to the sex offender registration
legislation -- which was passed in this body
before my time -- whether or not there's been
thought given to putting all of the amendments
together into one package for us to look at,
rather than do a piecemeal evaluation or
4104
amendments to this.
SENATOR LACK: Madam President,
if that's a question addressed to me, I'm not
the author of Megan's Law. I haven't the
vaguest idea.
Of course, if Senator Duane wanted
to put in a bill that would do that, it would
be a bill.
SENATOR DUANE: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1195, by Senator Trunzo, Senate Print 4268A,
an act to amend the Highway Law, in relation
to highway projects or maintenance activities.
4105
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Trunzo, an explanation has been requested.
SENATOR TRUNZO: Madam President,
this bill authorizes the Department of
Transportation to replace or modify a private
water supply that had been contaminated by a
DOT project and/or a maintenance activity that
may have occurred in an area.
And this is a departmental bill.
And at this point, what happens with many of
the cases where there is -- there's only been
six cases over the years that reflect this
particular type of problem. And the
homeowner, if his water has been contaminated
by such a project, has to go to court to get
it resolved.
In fact, if I can point out that
there's a lawsuit against the Department of
Transportation for a million dollars to
replace a well which would not cost any more
than $5,000 to $20,000 for the Department of
Transportation to actually dig a well for the
people.
So basically that's all it does, is
4106
it gives the commissioner the authority to do
the job.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Trunzo would yield for a
question.
SENATOR TRUNZO: Yes.
ACTING PRESIDENT McGEE: Senator
Trunzo, will you yield for a question?
SENATOR TRUNZO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Can I take
from what you said, Senator, that this is a
regular occurrence, this is something that
happens with some frequency around the area
with respect to the water supply? Or was
there a specific incident that urged you that
we needed to take this action at this time?
SENATOR TRUNZO: Well, from our
record, it's not that much of an occurrence,
but it does happen. And from what we can find
out, there's only been six such cases.
And the amount of money and the
4107
effort required to go to court and go through
the process by having a -- an individual whose
water has been contaminated having to go to
court in the courts of the state, et cetera,
it's cheaper for DOT to actually make the
replacement and correct the situation.
ACTING PRESIDENT McGEE: 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, 52.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1212, by Senator Padavan, Senate Print 7893,
an act to amend the General Municipal Law, in
relation to governing body approval.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: Yes, thank you,
4108
Madam President.
Yesterday we had an interesting and
perhaps lengthy discussion relevant to the
current General Municipal Law involving urban
development action area projects, acronym
UDAAP.
The question you raised then was
whether or not the bill that we dealt with
yesterday impacted in any way on the ULURP
procedure. And my answer was no, it did not.
And that was an accurate response.
This bill does. It does in the
following fashion. I'm sure you would know if
I said "accelerated UDAAP" what I was saying,
because having been a member of the City
Council I'm sure you recall instances where
the City Council was called upon to accelerate
the process that would lead to a particular
project being included in the UDAAP program to
save housing, to build housing, and so on.
This bill seeks to accelerate the
City Council process by putting a 60-day time
limit upon it. However, that will only relate
to residential properties, primarily
properties or projects where one-to-four-unit
4109
dwellings are involved, or the rehabilitation
of existing residential properties.
In summary, we're trying to
accelerate the UDAAP process, provide more
housing, and move this program along as
promptly as it can be.
SENATOR DUANE: Would the sponsor
yield for one question?
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield to a question from
Senator Duane?
SENATOR PADAVAN: Yes.
SENATOR DUANE: I'm just
wondering whether both the Mayor and the City
Council have agreed to this legislation.
SENATOR PADAVAN: Well, the bill
is put in at the request of the City of New
York. And there is a memorandum of support
from the Mayor's office here in Albany.
With regard to the City Council, I
do not have any input pro or con from that
august body.
SENATOR DUANE: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
4110
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Madam
President.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I'm sorry, if
Senator Padavan will yield for a couple of
questions.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for a few questions?
SENATOR PADAVAN: I will
certainly yield to the Deputy Minority Leader.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Thank you.
Madam President, I was wondering if
Senator Padavan had any information about the
view of the City Council in this particular
case. There's no memorandum from them. What
would their point of view be about this
legislation?
SENATOR PADAVAN: I do not know,
Senator. I would assume, as I'm sure you
would agree, that if they had any strong
4111
objections or feelings on this issue, they
would have communicated that to us.
They have not to me. Perhaps they
have to you or some other member. I am
unaware of that.
SENATOR PATERSON: Madam
President, the City Council has not made my
office aware of how they feel.
I was just wondering if the City
Council knew we were acting on this
legislation.
ACTING PRESIDENT McGEE: Are you
directing that to Senator Padavan, Senator
Paterson?
SENATOR PATERSON: Well, if
either one of you knew the answer, I'd take
it. But let's go with Senator Padavan, if
he'd yield for a question.
ACTING PRESIDENT McGEE: All
right. Senator Padavan, will you continue to
yield?
SENATOR PADAVAN: I do not know.
I assume they do. They certainly should be
aware of what's going on up here as it relates
to the prerogatives and the processes by which
4112
they operate.
But as a matter of fact, I cannot
answer your question.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if the Senator would continue to
yield.
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: Senator
Padavan, will you continue to yield?
SENATOR PATERSON: Senator, are
we not in a sense substituting our judgment
for the judgment of the duly sworn legislature
that usually handles this process? In other
words, we put a 60-day period that -- at which
the Council can act, but then we come to a
conclusion, and the conclusion would be
approval.
As opposed to perhaps if we really
wanted to exercise some kind of eminent
control over this situation, what we would do
is we would take the matter under our
jurisdiction.
But to come up with a final
4113
decision and then give them a period of time
in which they would consider an alternative
reminds me of these bills that we would have
that if we don't have pass the budget on time,
an austerity budget goes into effect.
So the same kind of political
process that Senator Padavan is trying to
diminish by offering this legislation is in
itself judgmental of another body of the
legislature -- in this case, the New York City
Council -- and, in a sense, comes to a
political conclusion that if they don't act
one way or a other by a certain period of
time, we have a final decision.
And my question, Senator, is does
this not actually defeat the purpose that
might be disturbing you and might really be
disturbing all of us?
SENATOR PADAVAN: Senator, what
the law giveth, the law taketh away.
This entire program had to be
authorized by this legislative body. The
least we'd be doing is helping the City
Council to a higher rate of speed and
alacrity, helping them to become more
4114
efficient and diligent in their duties, as we
would expect not only them but we to be.
SENATOR PATERSON: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: The law giveth
and the law taketh away, and I'm voting no on
this bill.
ACTING PRESIDENT McGEE: Thank
you, Senator Paterson.
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: Those recorded in
the negative on Calendar Number 1212 are
Senators Paterson, Rosado, and M. Smith.
Ayes, 50. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1212, ayes, 49. Nays, 4.
4115
Senators Paterson, Rosado, Schneiderman, and
M. Smith in the negative.
ACTING PRESIDENT McGEE: The bill
remains passed.
THE SECRETARY: Calendar Number
1213, by Senator Goodman, Senate Print 7909,
an act to amend the Tax Law, in relation to
creating the Office of Taxpayer Advocate.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Would you please
lay aside for the day Calendar Number 621.
ACTING PRESIDENT McGEE: Calendar
Number 621 has been laid aside for the day.
4116
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: If we could
return to the order of motions and
resolutions, there's a resolution by Senator
Rath, 4448. I ask that the title be read and
move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senators Rath
and Bruno, Legislative Resolution Number 4448
commending the Fourth Marine Division
Association World War II, Erie Canal Chapter
40, as it dedicates a monument in Saratoga
National Cemetery on June 10, 2000, intended
to honor all Marines who were members of the
Division during World War II.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
4117
ACTING PRESIDENT McGEE: The
resolution is adopted.
SENATOR SKELOS: Madam President,
with the consent of the Minority, we'll put
all members on the resolution. If anybody
wishes not to cosponsor the resolution, they
should notify the desk.
ACTING PRESIDENT McGEE: All
members' names will be put on the resolution.
If you don't wish to be on the resolution,
please notify the desk.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: There is a
privileged resolution at the desk by Senator
Connor. May we please have it read in its
entirety and move for its adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution Number 4507
mourning the death of Sister Mary Geraldine
Tobias, distinguished citizen.
"WHEREAS, It is the custom of this
4118
Legislative Body to mourn publicly the death
of prominent citizens of the State of New York
whose life work and civic endeavor served to
enhance the reputation of the state; and
"WHEREAS, Sister Mary Geraldine
Tobias distinguished herself by her sincere
dedication and substantial contribution to the
welfare of her community; and
"WHEREAS, Sister Mary Geraldine
Tobias's spirit of humanity, of devotion to
the good of all, carried over into all fields
of enterprise, including charitable and
philanthropic work.
"A Sister of the Good Shepherd,
Sister Mary Geraldine Tobias was cofounder,
with Sister Mary Paul Janchill, of the Center
for Family Life in Sunset Park, Brooklyn, in
1978. The center is a neighborhood-based
social services organization offering support
to children, youth and families; and
"WHEREAS, The Center for Family
Life has been recognized both locally and
nationally, most recently by the Annie E.
Casey Foundation's 'Family Honors' award.
"Sister Mary Geraldine Tobias has
4119
tirelessly served countless families and
children, and she has enriched the lives of
everyone she has touched. Her extraordinary
dedication and compassion will long be
remembered.
"Sister Mary Geraldine Tobias was a
woman of extraordinary strength who believed
in the community's ability to come together to
support the growth and development of
families. She was beloved by residents of the
Sunset Park community and will be greatly
missed; and
"WHEREAS, A scholarship fund in
honor of Sister Mary Geraldine Tobias has been
established to benefit young adults working at
the center and who are attending college; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to mourn the
death of Sister Mary Geraldine Tobias,
distinguished citizen; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the family of Sister Mary Geraldine
Tobias."
4120
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Lack, I wish
to call up Calendar Number 976, Assembly Print
Number 5763A.
ACTING PRESIDENT McGEE: Can we
have it quiet, please.
The Secretary will read.
THE SECRETARY: Calendar Number
976, by Member of the Assembly Vitaliano,
Assembly Print Number 5763A, an act to amend
the New York City Civil Court Act and others.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which this Assembly Bill was substituted
4121
for Senator Lack's Senate Print Number 6914 on
May 10th.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
SENATOR MARCELLINO: I now move
that Assembly Bill Number 5763A be recommitted
to the Committee on Judiciary and Senator
Lack's Senate bill be restored to the order of
Third Reading Calendar.
ACTING PRESIDENT McGEE: Thank
you, Senator Marcellino. So ordered.
SENATOR MARCELLINO: I now offer
the following amendments, Madam President.
ACTING PRESIDENT McGEE:
Amendments received.
SENATOR MARCELLINO: Thank you.
Madam President, on page number 6 I
offer the following amendments to Calendar
Number 150, Senate Print Number 5878, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and approved.
4122
SENATOR MARCELLINO: Thank you,
Madam President.
On page number 43, I offer the
following amendments to Calendar Number 1105,
Senate Print Number 7591A, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE:
Amendments received, and the bill will retain
its place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Marcellino.
Senator Skelos.
SENATOR SKELOS: Madam President,
on behalf of Senator Seward, there will be an
immediate meeting of the Insurance Committee
in the Majority Conference Room. Following
the Insurance Committee, there will be a
meeting of the Rules Committee.
The Rules report will be read on
the floor, but none of the bills will be taken
up today.
ACTING PRESIDENT McGEE: Thank
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you. There will be an immediate meeting of
the Insurance Committee in the Majority
Conference Room.
Following the Insurance Committee
meeting, there will be a Rules Committee
meeting. The bills will be reported to the
floor but will not acted on today.
Senator Skelos.
SENATOR SKELOS: Madam President,
the Senate will stand at ease pending the
report of the Rules Committee.
ACTING PRESIDENT McGEE: Thank
you, Senator Skelos.
The Senate will stand at ease
pending the report of the Rules Committee.
(Whereupon, the Senate stood at
ease at 11:03 a.m.)
(Whereupon, the Senate reconvened
at 11:23 a.m.)
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, there's a report of the Rules
Committee at the desk. I ask that it be read.
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ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1426, by Senator
Velella, an act to amend the Penal Law;
1501, by Senator Padavan, an act to
amend the Vehicle and Traffic Law;
2861, by Senator Seward, an act to
amend the Education Law;
3124A, by Senator Kuhl, an act to
authorize the City of Hornell;
3138A, by Senator Marchi, an act to
amend the Retirement and Social Security Law;
3247, by Senator Kuhl, an act to
amend the Retirement and Social Security Law;
3424, by Senator Volker, an act to
amend the Criminal Procedure Law;
3828, by Senator Saland, an act to
amend the State Finance Law;
4000, by Senator LaValle, an act to
amend the General Obligations Law;
4187, by Senator Breslin, an act
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authorizing the assessor of the Town of
Bethlehem;
4910, by Senator LaValle, an act to
amend the Criminal Procedure Law;
4993A, by Senator Goodman, an act
to amend the State Finance Law;
5200, by Senator Maziarz, an act to
amend the Civil Rights Law;
5212, by Senator Alesi, an act to
amend the Insurance Law;
5450, by Senator Leibell, an act to
amend the Public Officers Law;
5503, by Senator Johnson, an act to
amend the Penal Law;
5504, by Senator Skelos, an act to
amend the Civil Practice Law and Rules;
5938A, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
6237B, by Senator Farley, an act to
amend the Education Law;
6302, by Senator Seward, an act to
amend Chapter 457 of the Laws of 1999;
6492, by Senator Rath, an act to
amend the Criminal Procedure Law;
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6587, by Senator Padavan, an act to
amend the Vehicle and Traffic Law;
6588, by Senator Kuhl, an act to
provide for the enrollment;
6845, by Senator Trunzo, an act
authorizing the County of Suffolk;
6962, by Senator Larkin, an act to
amend the Criminal Procedure Law;
7549, by Senator Hoffmann, an act
to amend the Public Officers Law;
7561B, by Senator Kuhl, an act to
authorize the Department of Correctional
Services;
7580, by Senator Balboni, an act to
amend the Judiciary Law;
7622, by Senator McGee, an act
authorizing the City of Olean;
7643, by Senator Stafford, an act
in relation to revising;
7705, by Senator Spano, an act to
amend the Criminal Procedure Law;
7723, by Senator Saland, an act to
amend the Family Court Act;
7797, by Senator DeFrancisco, an
act to amend the Vehicle and Traffic Law;
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7841, by Senator Stafford, an act
legalizing and ratifying;
7876, by Senator Morahan, an act in
relation to persons who may practice;
7911, by Senator Goodman, an act to
amend the Civil Practice Law and Rules;
7948, by Senator Velella, an act to
amend the Criminal Procedure Law and the Penal
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT MORAHAN: The
motion is to accept the report of the Rules
Committee. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
Rules report is accepted.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MORAHAN: There
is no other housekeeping at the desk, Senator
Skelos.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we adjourn until Monday,
June 5th, at 3:00 p.m., intervening days being
legislative days.
ACTING PRESIDENT MORAHAN: The
Senate is adjourned until Monday, June 5th, at
3:00 p.m., intervening days to be legislative
days.
(Whereupon, at 11:26 a.m., the
Senate adjourned.)