Regular Session - June 5, 2000
4138
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 5, 2000
3:12 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask 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 this
afternoon to do the invocation is Monsignor
George J. Cascelli, director of the Italian
Apostolate in the Archdiocese of New York, in
New York City.
MONSIGNOR CASCELLI: Thank you.
It is an awesome responsibility to
assume representation of people who put their
trust in you. We may very well offer prayers
to God, not that God will intervene in spite
of our efforts, but that the Lord will give us
the courage to supersede personal goals and to
fulfill the trust of those who brought you to
this chamber.
The call of the people is a sacred
trust, and that has been given to you. And so
we pray.
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Lord, grant to those assembled here
the grace of Your spirit, that their
deliberations may be filled with the value of
human dignity, zealously protected for all and
not just a few; the value of honesty and
integrity in their thoughts and in their
actions; the value of wisdom, to search out
the truth; and the value of courage, to effect
the good. In that way, they will carry out
Your command of universal love.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, June 4, the Senate met pursuant to
adjournment. The Journal of Saturday, June 3,
was read and approved. On motion, Senate
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.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
Madam President, amendments are
offered to the following Third Reading
Calendar bills.
Sponsored by Senator Skelos, page
number 14, Calendar Number 466, Senate Print
902E;
Sponsored by Senator Seward, page
number 23, Calendar Number 749, Senate Print
7082;
Sponsored by Senator Spano, page
number 34, Calendar Number 963, Senate Print
1258A;
Sponsored by Senator Nozzolio, page
number 37, Calendar Number 1011, Senate Print
7380;
Sponsored by Senator Velella, page
number 37, Calendar Number 1013, Senate Print
7397;
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Sponsored by Senator LaValle, page
number 38, Calendar Number 1048, Senate Print
Number 7251A;
Sponsored by Senator Volker, page
number 44, Calendar Number 1134, Senate Print
A4097;
Sponsored by Senator LaValle, page
number 45, Calendar Number 1163, Senate Print
2046B;
Sponsored by Senator LaValle, page
number 46, Calendar Number 1165, Senate Print
3024A;
Sponsored by Senator Lack, page
number 46, Calendar Number 1176, Senate Print
7648;
Sponsored by Senator Wright, page
number 46, Calendar Number 1188, Senate Print
1880B;
Sponsored by Senator Bonacic, page
number 47, Calendar Number 1197, Senate Print
5199A;
Sponsored by Senator Saland, page
number 33, Calendar Number 948, Senate Print
6351;
Sponsored by Senator Seward, page
4143
number 47, Calendar Number 1218, Senate Print
2861;
Sponsored by Senator Stafford, page
number 50, Calendar Number 1249, Senate Print
7841;
Sponsored by Senator LaValle, page
number 48, Calendar Number 1224, Senate Print
4000.
Mr. President, I now move that
these bills retain their place on the order of
the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, Senator McGee, and
all the bills will retain their place on the
Third Reading Calendar.
Senator Trunzo.
SENATOR TRUNZO: Mr. President,
will you please put a sponsor's star on
Calendar Number 1239, Senate Bill 6845.
ACTING PRESIDENT MEIER: A
sponsor star will be placed on Calendar 1239.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
Senator Trunzo stole part of my
4144
lines.
But as long as we've done that, on
behalf of Senator Larkin, place a sponsor star
on Calendar Numbers 434 and 435.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR MARCELLINO: On behalf of
Senator Libous, please remove the sponsor star
from Calendar Number 203.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR MARCELLINO: Mr.
President, I wish to call up my bill, Senate
Print Number 6929, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
678, by Senator Marcellino, Senate Print 6929,
an act in relation to authorizing.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
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reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR MARCELLINO: Mr.
President, on behalf of Senator Alesi, I wish
to call up his bill, Print Number 3485A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
43, by Senator Alesi, Senate Print 3485A, an
act to amend the State Administrative
Procedure Act.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
4146
THE SECRETARY: Ayes, 53.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR MARCELLINO: Mr.
President, on behalf of Senator Skelos, I wish
to call up his bill, Print Number 5434A,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1024, by Senator Skelos, Senate Print 5434A,
an act to amend the Vehicle and Traffic Law.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which this bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
SENATOR MARCELLINO: Mr.
President, I now offer the following
4147
amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR MARCELLINO: Thank you,
sir.
ACTING PRESIDENT MEIER: Senator
Breslin.
SENATOR BRESLIN: Mr. President,
on page 34 I offer the following amendments to
Calendar Number 956, Senate Print Number 6803,
and ask that the bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR BRESLIN: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator.
SENATOR SKELOS: If we could make
4148
them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 13,
Senator Larkin moves to discharge, from the
Committee on Rules, Assembly Bill Number 8515A
and substitute it for the identical Senate
Bill Number 5709A, Third Reading Calendar 435.
ACTING PRESIDENT MEIER: The
substitution is ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
calendar at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
189, by Senator Rath, Senate Print 2942A, an
act to amend the General Municipal Law and
others, relating to the rate of interest to be
paid.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
4149
THE SECRETARY: Calendar Number
240, by Senator Saland, Senate Print 3987A, an
act to amend the Family Court Act and the
Criminal Procedure Law, in relation to family
offenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
282, by Senator Kuhl, Senate Print 3242A, an
act to amend the General Municipal Law, in
relation to authorizing the Elmira City School
District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4150
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
601, by Senator Trunzo, Senate Print 6992, an
act to amend Chapter 549 of the Laws of 1994
amending the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
615, by Member of the Assembly Matusow,
Assembly Print Number 9516, an act to amend
the Education Law, in relation to library
policy.
SENATOR DUANE: Lay it aside,
4151
please.
ACTING PRESIDENT MEIER: Lay the
bill 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.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
724, by Senator Spano, Senate Print 1257, an
act to amend the Social Services Law, in
relation to requiring investigation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
4152
is passed.
THE SECRETARY: Calendar Number
813, by Senator Larkin, Senate Print 21A, an
act to amend the Criminal Procedure Law, in
relation to security services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
821, by Senator Skelos, Senate Print 3069C, an
act to amend the Civil Practice Law and Rules,
in relation to commencement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4153
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
832, by Senator Seward, Senate Print 6323, an
act to amend the Criminal Procedure Law, in
relation to designating security officers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
847, by Senator Maltese, Senate Print 795, an
act to amend the Executive Law, in relation to
removing the limitation on crime victims'
awards.
4154
SENATOR DOLLINGER: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
849, by Senator Maltese, Senate Print 3941, an
act to amend the Correction Law, in relation
to authorizing the Commissioner of
Correctional Services.
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1087, by Senator Morahan, Senate Print 5773B,
an act enacting the Greenwood Lake Commission.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect upon the enactment into
law by the State of New Jersey of legislation
having an identical effect.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
4155
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1215, by Senator Sampson, Senate Print 7913,
an act authorizing the City of New York to
grant a retroactive partial tax exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1216, by Senator Velella, Senate Print 1426,
an act to amend the Penal Law, in relation to
criminal nuisance in the first degree.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4156
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1217, by Senator Padavan, Senate Print 1501,
an act to amend the Vehicle and Traffic Law
and the Administrative Code of the City of New
York, in relation to the conversion.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1219, by Senator Kuhl, Senate Print 3124A, an
4157
act to authorize the City of Hornell, County
of Steuben, to offer an optional twenty-year
retirement plan.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1220, by Senator Marchi, Senate Print 3138A,
an act to amend the Retirement and Social
Security Law, in relation to employee
contributions.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4158
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1221, by Senator Kuhl, Senate Print 3247, an
act to amend the Retirement and Social
Security Law, in relation to the partial
direct deposit.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1222, by Senator Volker, Senate Print 3424, an
act to amend the Criminal Procedure Law, in
relation to motion to vacate judgment.
ACTING PRESIDENT MEIER: Read the
4159
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1223, by Senator Saland, Senate Print 3828, an
act to amend the State Finance Law, in
relation to the eligibility of the New York
Business Development Corporation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4160
1225, by Senator Breslin, Senate Print 4187,
an act authorizing the assessor of the Town of
Bethlehem to accept an application for
exemption.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1226, by Senator LaValle, Senate Print 4910,
an act to amend the Criminal Procedure Law, in
relation to designating code enforcement
officers.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
4161
bill aside.
THE SECRETARY: Calendar Number
1227, by Senator Goodman, Senate Print 4993A,
an act to amend the State Finance Law, in
relation to requirement of good standing for
contractors.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1228, by Senator Maziarz, Senate Print 5200,
an act to amend the Civil Rights Law, in
relation to prohibiting the publishing or
broadcasting.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay it aside,
please.
4162
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1229, by Senator Alesi, Senate Print 5212, an
act to amend the Insurance Law, in relation to
the minimum remuneration.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1230, by Senator Leibell, Senate Print 5450,
an act to amend the Public Officers Law, in
relation to waiving the residency requirement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
4163
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1231, by Senator Johnson, Senate Print 5503,
an act to amend the Penal Law, in relation to
expanding the list of predicate offenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
4164
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The bill is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1232, by Senator Skelos, Senate Print 5504, an
act to amend the Civil Practice Law and Rules
and the Family Court Act, in relation to
creation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR DOLLINGER: Lay that bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1233, by the Senate Committee on Rules, Senate
Print Number 5938A, an act to amend the
Administrative Code of the City of New York,
in relation to credit in the police pension
4165
fund.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1234, by Senator Farley, Senate Print 6237B,
an act to amend the Education Law, in relation
to prohibiting the use of Social Security
numbers.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay that bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1235, by Senator Seward, Senate Print 6302, an
4166
act to amend Chapter 457 of the Laws of 1999
amending the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1236, by Senator Rath, Senate Print 6492, an
act to amend the Criminal Procedure Law, in
relation to authorizing the removal of certain
actions.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4167
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1237, by Senator Padavan, Senate Print 6587,
an act to amend the Vehicle and Traffic Law,
in relation to prohibiting holders of
learner's permits.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1238, by Senator Kuhl, Senate Print 6588, an
act to provide for the enrollment of certain
deputy sheriffs of Chemung County.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
4168
is passed.
THE SECRETARY: Calendar Number
1240, by Senator Larkin, Senate Print 6962, an
act to amend the Criminal Procedure Law, in
relation to designating members of the New
York Guard as peace officers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1241, by Senator Hoffmann, Senate Print 7549,
an act to amend the Public Officers Law, in
relation to residency qualifications.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4169
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1242, by Senator Kuhl, Senate Print 7561B, an
act to authorize the Department of
Correctional Services or the Commissioner of
General Services to sell or lease.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1243, by Senator Balboni, Senate Print 7580,
an act to amend the Judiciary Law, in relation
to statements to be filed.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1244, by Senator McGee, Senate Print 7622, an
act authorizing the City of Olean to
4170
discontinue the use of certain lands.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1245, by Senator Stafford, Senate Print 7643,
an act in relation to revising a certain claim
in the Court of Claims.
SENATOR DOLLINGER: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1246, by Senator Spano, Senate Print 7705, an
act to amend the Criminal Procedure Law, in
relation to seasonal park rangers.
ACTING PRESIDENT MEIER: Read the
4171
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1247, by Senator Saland, Senate Print 7723, an
act to amend the Family Court Act, in relation
to the extension of orders of protection.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1248, by Senator DeFrancisco, Senate Print
4172
7797, an act to amend the Vehicle and Traffic
Law, in relation to the regulation of traffic.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1250, by Senator Morahan, Senate Print 7876,
an act in relation to persons who may practice
a profession within the state.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect September 15.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
4173
is passed.
THE SECRETARY: Calendar Number
1252, by Senator Velella, Senate Print 7948,
an act to amend the Criminal Procedure Law and
the Penal Law, in relation to aggravated
criminal conduct.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. 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, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Thank you, Mr.
President. May we now have the reading of the
controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
4174
calendar.
THE SECRETARY: Calendar Number
189, by Senator Rath, Senate Print 2942A, an
act to amend the General Municipal Law and
others, relating to the rate of interest to be
paid.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Rath, an explanation has been requested of
Calendar Number 189 by Senator Dollinger.
SENATOR RATH: The bill in front
of you is a bill that will help our
municipalities by changing the rates that are
necessary. And the threshold will now be the
average accepted auction price of the 52-week
Treasury bill.
The interest rates on judgments are
now capped at 9 percent against
municipalities, and the rate will be adjusted
and tied to the auction price of the T bills.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield just
to one question.
4175
As I understand this bill, Senator
Rath, this has a cap on the exposure at
9 percent.
SENATOR RATH: Right.
SENATOR DOLLINGER: But if the
Treasury bills floated above that, if we
reached a point like we did in the early 1980s
when interest rates were extremely high, that
cap would reduce the exposure of the
municipality; isn't that correct? So it
wouldn't -- it doesn't float.
SENATOR RATH: Right. It is
capped at 9 percent.
SENATOR DOLLINGER: Okay.
Through you, Mr. President, just briefly on
the bill.
I've voted against this bill in the
past. I'm going to vote against it again. It
seems to me that the municipalities of this
state should be entitled to either one or the
other. They should either have it pegged to
the Treasury bill and let it float wherever it
goes with no cap -- which means if it were
down low in a period of low inflation and low
interest rates, they should get the benefit of
4176
that.
But conversely, if the interest
rate goes above 9 percent and the government,
in essence, the municipalities that Senator
Rath is talking about get protection because
they can hold on to their money longer and the
litigant who's successfully sued them is then
capped on their interest return, they'll have
no incentive whatsoever to settle during the
appeals process. And it seems to me that's
bad for the litigation system and it's not
fair.
I'd be willing to go with a cap, go
with a straight rate, or go with an absolute
float on the Treasury bills. But it seems to
me it's not fair to put a cap on it when that
cap will only disadvantage those who litigate
with municipalities.
And at least in my experience,
litigating with municipalities is enormously
difficult to start. It will even be worse if
there's a further incentive in the system for
them not to settle during the appeal process.
And I would suggest one or the
other would be fair. But to have this hybrid
4177
system isn't fair to litigants who persevere
and succeed in claims against municipalities,
especially on issues involving eminent domain,
in which, in my judgment, too often
municipalities hold on to the cash till the
last possible second, waiting for the
homeowner who no longer has their land to
capitulate.
So I'm going to vote no and would
urge my colleagues to do the same, Mr.
President.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: When I was
on the City Council in Syracuse many years
ago, we -- I remember distinctly the interest
rate used to be 3 percent. And those -- it
was a wonderful thing for municipalities in
that if they lost a certiorari case, they
couldn't care less how long it took for the
case to get done, because they were really
borrowing money by a 3 percent rate. Because
it was much cheaper than they could borrow
money for and actually pay the litigant what
they were entitled.
4178
And similarly, the same logic
applies to putting a cap on interest. As
Senator Dollinger mentioned, if interest rates
go up to 18 percent or 17 percent, as they did
in the eighties, the cities are getting a
windfall.
The part of the bill that makes
eminent sense is let everything float. Then
it's fair for everybody. You're paying
basically the going rate. But why put a
cap -- or a floor would be the other way, to
put a floor would be equally unfair. So I
just think the floating concept makes a lot of
sense, but capping the rate is just unfair to
everyone other than the municipalities.
So I'm going to vote no on this.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 189 are
4179
Senators Connor, Coppola, DeFrancisco,
Dollinger, Duane, Sampson, Schneiderman, A.
Smith, and Stavisky. Also Senator Seabrook.
Ayes, 46. Nays, 10.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
615, by Member of the Assembly Matusow,
Assembly Print Number 9516, an act to amend
the Education Law, in relation to library
policy.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Farley, an explanation has been requested of
Calendar 615 by Senator Dollinger.
SENATOR FARLEY: Thank you, Mr.
President.
Senator Dollinger, this is a bill
that would require public libraries to develop
some policies for Internet use for its
patrons. Many of the libraries already do
this. It's -- there can be some misuse of the
Internet access, particularly for children.
And this bill would direct all libraries to
address these issues at the local level.
4180
Incidentally, the Library
Development Board will be able to provide
assistance needed to help them develop this
policy. It's basically to -- that if parents
do not want their children to -- this could be
noted on their library card or something to
that effect, and that they would not be able
to access certain inappropriate offerings on
the Internet.
There's no known opposition that I
know to this.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield, please.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield for a question?
SENATOR FARLEY: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
the sponsor knows whether or not this law is
in conflict with the American Library
Association's bill of rights.
SENATOR FARLEY: I don't think it
4181
is. I don't know, but I don't think it is.
Because many of our public
libraries already have this policy in place.
And we are the mecca, if you will, of
libraries throughout the United States. New
York is always leading the way when it comes
to libraries.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would -
SENATOR FARLEY: And the
libraries develop their own policies too.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield for another question?
SENATOR FARLEY: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you, Mr.
President. I just wanted to clarify that the
American Library Association has not weighed
in one way or the other on this legislation.
SENATOR FARLEY: Not to my
knowledge, they haven't. I think I would have
heard.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
4182
to yield.
SENATOR FARLEY: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Has the New York
State Library Association or the union
representing librarians in the state weighed
in on this legislation?
SENATOR FARLEY: I don't have any
that I know of, no -- there's been no
objection.
The chairman of the -- chairperson
of the Library Committee in the Assembly is
the sponsor of it. And as far as I know,
there has been no opposition.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
share.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR FARLEY: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
the sponsor is aware that, for instance, the
4183
American Civil Liberties Union believes that
any kind of filtering is a de facto form of
censorship.
SENATOR FARLEY: There's no
censorship here. It just asks that the local
libraries develop a policy for Internet use.
There's no censoring. Basically, I think the
major thrust of this is for children.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Farley, do you continue to yield?
SENATOR FARLEY: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But one of the
goals of the policies would be having to do
with what would be accessible on the Internet
to a user; is that correct?
SENATOR FARLEY: Yes. But it
depends -- go ahead.
SENATOR DUANE: And then -
through you, Mr. President. But that would
mean there would be some sort of filtering or
4184
censoring of what is available on the Internet
to certain users of the Internet at a terminal
in a library.
SENATOR FARLEY: No. If there's
a group, Senator Duane, that is opposed to
censorship, it is the libraries of this -- of
the United States. They are abhorrent to
censorship. And I don't think that they have
this in mind.
I think that you and I think every
member of this chamber would agree that
there's certain material that is not
appropriate for children that is available on
the Internet. And generally speaking, the
policy is that if a parent wishes their child
not to access certain material on the
Internet, it could be noted on their library
card or something to that effect.
This is a local policy. And as I
said, many of your public libraries already
have this. The thrust of this bill is that
all public libraries should have some sort of
a policy for use of the Internet.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
4185
yield.
ACTING PRESIDENT MEIER: Senator
Farley, do you continue to yield?
SENATOR FARLEY: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is the sponsor
aware that librarians generally and through
their official organizations do not care to be
the people who are the ones watching what it
is that children are and are not going to on
the Internet, that in fact it's their desire
not to be the police of the Internet in
libraries?
SENATOR FARLEY: That's exactly
why we've written in the bill that the board
of trustees will be setting up these policies.
We're not asking the librarians. The board of
trustees of the libraries.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Do you
yield, Senator Farley?
SENATOR FARLEY: Yes, I will.
4186
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Has the sponsor
just said that librarians are explicitly not
supposed to be consulted when the policies are
being drawn up?
SENATOR FARLEY: I never said
that. I just said that this would require
that the board of trustees of these libraries
set up a policy. If they wish to consult with
the librarians, I'm sure that they will.
And to try to set something up -
incidentally, as I said earlier, that the
Library Development, they will provide
assistance to any library policy and help them
set up a policy that is workable throughout
this state, that is already working.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield?
SENATOR FARLEY: I'm still
yielding.
ACTING PRESIDENT MEIER: The
4187
sponsor yields.
SENATOR DUANE: Thank you. If
it's -- I can't imagine that we would need a
policy to maintain not having a policy
regarding filtering on the Internet. And so
is it not the sponsor's intention that
libraries look at putting filters on access to
the Internet for some of the users of the
Internet?
SENATOR FARLEY: Apparently where
it's appropriate.
I'm not -- this legislation does
not direct what the policy will do. We've
just said that they should have a policy.
Maybe a local library, a local public library
could come up with saying that we will have no
policy for restricting use of the Internet to
anybody. That could be their policy,
apparently.
But I think this is -- as I said, I
can't think of any group that is more opposed
to censorship than the library community.
And -- but I'll tell you, the library
community, in my judgment, seems to be very
open to setting up a policy for Internet use,
4188
particularly to protect young children.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Farley, do you continue to yield?
SENATOR FARLEY: I'm still
yielding.
SENATOR DUANE: Thank you.
In a scenario where a group of
trustees decide that in their libraries they
wouldn't want minors under the age of 16 to
have access to explicit information on family
planning or sex education, is it the sponsor's
intention that such a library board would be
able to make such a rule?
SENATOR FARLEY: Senator Duane,
it is not my prerogative nor yours -- or at
least this legislation doesn't make it such -
that we will micromanage such a policy.
I think the policy that you're
talking about I doubt very much is any that is
in place anywhere, nor would it be.
SENATOR DUANE: But through you,
Mr. President, if the sponsor would continue
4189
to yield.
ACTING PRESIDENT MEIER: Senator
Farley, will you yield?
SENATOR FARLEY: Yes, I'll yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: But there is a
possibility that a board of trustees could
make such a determination, and then we would
all be powerless to turn over that particular
policy made by a board of trustees.
SENATOR FARLEY: There's a
possibility of anything, that it may snow
today. But I don't think that's very likely,
what you're saying.
SENATOR DUANE: Thank you.
Mr. President, on the bill. Thank
you.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: I'm very
concerned about starting on the slippery slope
of permitting this kind of filtering to occur
in our library system. I'm very sure that
librarians do not want the job of policing
4190
what people are looking at on the Internet.
They do not feel that that's their job.
Rather than restricting access to information,
their whole mission is to provide information
to people who are seeking it.
In addition, what some may consider
appropriate information may not be the same as
what other people consider to be appropriate
information.
And so, for instance, there may be
people that don't want young people to have
access to information on family planning
information, because the words involved in
describing family planning may be deemed too
explicit to get through a filtering system.
And in fact, oftentimes slang words are words
which are deemed not appropriate for young
people, and yet they are in common usage when
it applies to issues of human sexuality.
Also, there's plenty of evidence
that, for instance, explicit AIDS information
or very nonexplicit information on issues
dealing with the lesbian, gay, bisexual and
transgendered community do not get through
filtering. And yet everything that has to do
4191
with heterosexuality, which is just another
form of sexuality, is possible to look at on
the Internet.
Interestingly, very recently
someone put together a lot of the language
that is on, for instance, Focus on the
Families' webpage and some other religious and
conservative webpages, put it all together on
a separate webpage and tried to get it through
a filter, and it was turned down.
So I think whether you're looking
at this from the point of view of the right or
the left or civil liberties or not, this is a
slippery slope that we're embarking on. And I
very much think that we should not pass this
legislation without having more in-depth
discussions with librarians, professional
librarians and their representatives, and also
those who defend the civil liberties of people
who live in our state.
So I would encourage my colleagues
at this point to vote no on this legislation
until we make sure that the safeguards of
people having access to knowledge are just
that, safeguards.
4192
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Lachman.
SENATOR LACHMAN: Yeah, Mr.
President, I rise now to seek unanimous
consent to be recorded in the negative on
Calendar Number 189. Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Lachman will be recorded in
the negative on Calendar Number 189.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
621, by Senator Spano, Senate Print 6550A, an
act to amend the Retirement and Social
4193
Security Law, in relation to ordinary death
benefits.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Spano, Senator Dollinger has requested an
explanation of Calendar 621.
SENATOR SPANO: Thank you, Mr.
President.
This bill provides an increased
lump-sum death benefit to police officers and
to firefighters who are eligible for service
retirement under Tier 2. What it does
basically is for -- it gives a greater death
benefit for those who would continue to be
employed after having reached retirement age.
And that would bring equity between Tier 1 and
Tier 2.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, will the sponsor yield for a
question?
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
4194
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator, is
this the same bill that passed last year that
was vetoed by the Governor?
SENATOR SPANO: Yes, it is.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Is there
anything in this bill that addresses the issue
that was raised by the Governor in his veto
message?
SENATOR SPANO: Well, this is the
same bill as we -- as the Governor had vetoed
last year. The reason that we want to send
this bill to the Governor this year, Senator,
is because of some developments as a result of
the Governor's task force on public employee
pension systems.
4195
That task force issued a report
that recommended a remedy that's provided by
this bill. And as a matter of fact, they
stated that because of the disparity between
the tiers, that we should -- those disparities
should be evaluated and addressed as
appropriate.
The task force specifically
mentions the inequity that's addressed by this
bill. That's why we feel we have a better
shot of signing this year.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Spano will continue
to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Is this bill
still opposed by the Mayor's Office of the
City of New York because of the possibility
that -- or not the possibility, but the fact
it would constitute an unfunded mandate to the
City of New York?
4196
SENATOR SPANO: Yes, it is.
SENATOR DOLLINGER: Okay. Just
on the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I thank
Senator Spano for his compelling candor.
I believe it was two weeks ago that
we all sat here and debated Senator Rath's
bill. You remember that constitutional
amendment. We were going to have the people
tell us that we shouldn't have any unfunded
mandates -- no more, they're terrible.
In fact, I can even remember a
conversation with the presiding officer in
which he got up and talked about unfunded
mandates in Oneida County.
Senator Rath talked eloquently
about unfunded mandates in Erie County and
throughout New York State, and how these were
the root of the problem. How someone said -
and I think it was Senator Rath said it's an
abuse of the legislative power for us to put
unfunded mandates on other communities, an
abuse of our power.
4197
I suggested to Senator Rath that if
the Majority in this house is continuing to
abuse its power, to just shift it over to this
side. We won't abuse that power again.
Because I don't think by voting for
this bill that I'm going to abuse my power. I
think it's the right thing to do. I believe
it was the right thing to do last year when I
voted for it. I think it's the right thing to
do this year. I think creating that kind of
balance and integrity and parity in the system
is not a bad thing to do, even if our friends
in the City of New York disagree with us.
But what I would prefer to have
happen is that we stop having that senseless
debate about unfunded mandates and recognize
that we are from time to time going to tell
other levels of government what to do, because
it's the right thing. And let's stop having
this nonsensical discussion about no more
unfunded mandates, they're an abuse of power
and they're a bad thing.
This is a good thing to do. It's a
good thing to do as a matter of state policy.
It's a good thing to tell people who have
4198
worked hard in our system that they're
entitled to this benefit. I defend our right
to do it. I think it's the right thing to do.
I would just ask the Majority,
please don't bring up the unfunded mandate
constitutional amendment again. Let's all be
big boys and play in the real world and say
we're doing it and be proud of the fact we've
got the power to do it and it's the right
thing to do. And end this useless discussion
about, oh, no, we need the people to tell us
that unfunded mandates are bad. Let's be
honest with each other. Let's be honest with
the people of this state.
I'm voting aye, proudly.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
4199
THE SECRETARY: Calendar Number
847, by Senator Maltese, Senate Print 795, an
act to amend the Executive Law, in relation to
removing the limitation on crime victims'
awards.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Maltese, an explanation has been requested of
Calendar 847 by Senator Dollinger.
SENATOR MALTESE: Yes, Mr.
President.
This bill removes the cap on the
crime victims' awards and allows for a
consideration of past earnings, awarding
compensation for lost earnings as a result of
the crime.
The bill also requires that the
Crime Victims Board take into consideration a
recently unemployed victim's solid record of
earnings in determining the amount of
compensation due to loss of earnings as the
result of a crime.
The present cap on the maximum loss
of earnings or support is $30,000. This
4200
figure is woefully inadequate and insufficient
for some award recipients who are victims, as
well as the dependents of victims of violent
crimes.
Additionally, it is only fair that
the Crime Victims Board take into
consideration a recently unemployed victim's
solid record of earnings. Many times
especially victims of spousal abuse, victims
of abuse have a spotty record of employment as
a result of the trauma they suffer as a result
of the crime.
This bill passed the Senate in 1999
59 to zero. The Crime Victims Board,
presently chaired by Joan Cusack, is doing an
excellent job of reaching out to crime victims
to an extent never before done in the State of
New York. I think this would further
effectuate their purpose and the laudatory
goals of the Crime Victims Board.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, if the sponsor would just yield for
a couple of questions.
4201
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield for a question?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Through you,
Mr. President.
What's the current balance
available for awards to crime victims under
the crime victims compensation plan?
SENATOR MALTESE: Mr. President,
I'm not familiar with the balance. But if
this figure were to exceed any balance
available, the Senate Majority would see that
that balance was sufficiently increased to
compensate victims of crimes.
SENATOR DOLLINGER: Again through
you, Mr. President, if the sponsor will
continue to yield.
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: My concern
4202
with this proposal is -- and I understand the
rationale in removing the cap, which I think
is a good idea. My question is, does it raise
the possibility of larger awards in a specific
case and fewer awards overall?
I assume that the Crime Victims
Board is constantly dealing with a set amount
of funds from which they have to carve up into
so many pieces. If we allow one highly
employed person to take an enormous amount out
of money because they've lost significant
wages, will this reduce the number of people
who will be able to claim from the fund? In
other words, if we give more to one, will we
have less for everybody else?
SENATOR MALTESE: Mr. President,
I don't -- I understand the context of
Senator -- the Senator's question. At the
same time, the amount of the awards has never
exceeded the amount available.
Also, the amount of awards is not a
primary factor in the determination of the
board. I've had the occasion to speak both
with the members of the board and with the
chairwoman, Joan Cusack, many, many times in
4203
connection with crime awards. This bill does
not alter the fact that the Crime Victims
Board takes into consideration a whole host of
other considerations, including even the
maximum amount of the awardee's home, the
maximum amount that the award would be -
pardon me, the amount that the victim had been
making in the past, the amount of funds that
the victim has available, all these factors
enter into their judgment as to what the award
would be.
And therefore, it does not seem
that the amount would be inordinate. As a
matter of fact, what this seeks to do is
alleviate to some degree these victims'
problems financially when they've already been
victims of crimes, the most abused and
victimized of society. And this would, I
think, help the people who were least able to
afford the trauma and the cost of the crime
that was perpetrated upon them.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
4204
Maltese, do you yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Does this
bill include compensation to the crime victim
for lost future wages?
SENATOR MALTESE: No, Mr.
President, through you, it does not. That is
not one of the factors taken into
consideration.
SENATOR DOLLINGER: Just on the
bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I'm going to
vote in favor of this bill. I am a bit
concerned, and I would just suggest to Senator
Maltese that the concern is that we do
appropriate a finite amount of money each
year. This is not an unlimited bank, much
like our claims bank in claims brought
directly against the state.
But I have a concern that there
could be a substantial award given out of this
4205
fund which would reduce its availability for
the future for other, smaller claimants.
And my guess is that most of the
people who actually follow through and bring
claims before the Crime Victims Board probably
are people of some means, because they have to
find out about it, they probably have to
contact counsel.
We're really making the Crime
Victims Board into an adjudication agency.
We're trying to figure out what their past
wages were, what an appropriate level of
compensation to them would be. This gets into
more conflicted procedures which we may have
to address at some time as we try to provide
them with those kinds of benefits.
But I do think that when the budget
rolls around and we look at the amount of
money we put into the compensation fund, we
may have to keep in mind that we're
substantially increasing the possibility of an
individual award of a significant amount. A
crime victim with a very substantial income
could easily draw out a major portion of the
fund in one fell swoop.
4206
So my hope is that when we do the
budget next year, we'll look at that issue in
greater detail. I'll vote in favor, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield to a question?
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield for a question?
SENATOR MALTESE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator
Maltese, I have some visitors coming in from
all over the state, some of them in the
chamber tonight, coming up to the
Italian-American conference, festival, at Troy
this evening.
If someone should have the audacity
to commit a crime against anyone attempting to
attend that festival tonight and they were
seriously injured, would this law apply to
them?
4207
SENATOR MALTESE: Yes, it
certainly would apply to all the distinguished
personages who may be in the chamber or who
may be attending the Troy festival tonight,
which begins at 6:30 in Troy, New York.
(Laughter.)
SENATOR ONORATO: Thank you very
much, Senator.
ACTING PRESIDENT MEIER: The
preceding was an unpaid announcement.
(Laughter.)
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
849, by Senator Maltese, Senate Print 3941, an
4208
act to amend -
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1226, by Senator LaValle, Senate Print 4910,
an act to amend the Criminal Procedure Law, in
relation to designating.
SENATOR HEVESI: Explanation.
SENATOR KUHL: Lay it aside for
the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1228, by Senator Maziarz, Senate Print 5200,
an act to amend the Civil Rights Law, in
relation to prohibiting.
SENATOR DOLLINGER: Explanation,
please.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
4209
1232, by Senator Skelos, Senate Print 5504, an
act to amend the Civil Practice Law and Rules
and the Family Court Act, in relation to
creation of a statutory parent-child
privilege.
SENATOR DOLLINGER: May we have
an explanation.
SENATOR KUHL: Lay that bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1234, by Senator Farley, Senate Print 6237B,
an act to amend the Education Law, in relation
to prohibiting.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Farley, an explanation has been requested of
Calendar 1234 by Senator Dollinger.
SENATOR FARLEY: Thank you, Mr.
President.
This is a piece of legislation that
came about as a result -- I am a law professor
of the State University of New York at Albany.
4210
And in speaking to some of my class -
actually, my wife spoke of this also -- they
use the Social Security number -- I'll just
use my university -- as an ID number.
It's on every class list. And for
a semester, five or six of these class lists
are printed and thrown all over. Sometimes
their Social Security numbers are posted -
they're not supposed to be -- with grades.
And the students were practically outraged
that their Social Security number was
propagated all over the university by
everybody.
And quite frankly, if I can get
ahold of your Social Security number and maybe
find out where you bank and a few other
things, I can find out all kinds of things
about you.
It's a thing that many of your
universities, many of your colleges have
stopped doing this, have stopped using the
Social Security number as an ID number.
We put this legislation in earlier
this year. We had to make some corrections to
it, I believe this is -- yeah, this is a B
4211
modification -- to take care of the objections
of some of the schools, because there are
places where they have to have Social Security
numbers -- for assistantships, for
fellowships, for many things like that.
So we took care of that. We also
took care of almost all of the objections that
some of the schools had to implementing this.
It's not a big deal. There's a
number of people that work for the Senate
right today that I've got their Social
Security number right in my file. And so they
better behave themselves. But -- I may have
yours too, Rick.
But anyway, I think this is a good
piece of legislation. It is supported, quite
frankly, by almost everybody I've run across.
And I think it's something whose time has
come.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President. Just one question for the
sponsor.
ACTING PRESIDENT MEIER: Senator
4212
Farley, do you yield for a question?
SENATOR FARLEY: I certainly
will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Does this
prohibit the use of the Social Security number
as part of a sequence of numbers? In other
words, I understand that this bill would
prohibit you from using my Social Security
number as my student identification number.
But does it also prohibit a college from using
five digits before my Social Security number
and three digits after it as a means of
identifying me?
SENATOR FARLEY: I don't think
so. I truly don't think so. Basically -- and
that's important, that question you asked.
The legislative intent here is to
stop schools from using a Social Security
number as an ID number.
SENATOR DOLLINGER: But again
through you, Mr. President -
SENATOR FARLEY: We used to have
that on our license, you know, our driver's
4213
license, and we've stopped doing that.
SENATOR DOLLINGER: Right.
Again, Mr. President, just so I make sure I
understand.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield for another question?
SENATOR FARLEY: I certainly do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: This would
not prohibit a college from putting in four or
five numbers prior to your Social Security
number and then four or five numbers
afterwards.
I understand your point, and I
think it's a good one. But I know there are
instances in which the nine-digit Social
Security number is used as part of a sequence
of numbers for identification purposes. And
my question is whether this would ban that
too. Because I would vote for a bill that
bans that as well, that practice.
SENATOR FARLEY: Using any part
of a Social Security number?
SENATOR DOLLINGER: Using any
4214
part of it, even the last four digits.
SENATOR FARLEY: Well, I don't
think that that's -- incidentally, that is -
I hear your point. I don't think that that's
necessarily part of it, as I recall. I don't
have counsel right here. Just give me a
second.
But no, I don't think that would
stop it. Because, you know, that could -
that number is totally insignificant and does
not relate to your Social Security number.
SENATOR DOLLINGER: Mr.
President, I'm going to vote in favor of
Senator Farley's bill. I think it's a good
idea.
I would just urge Senator Farley to
look at any portion of the Social Security
number being used for identification purposes.
I've seen it used with three or four numbers
in front of it and three or four numbers after
it as a part of a major sequence of numbers -
which is, I believe, the way it used to be
used in our driver's license.
And I've also seen the last four
digits of your Social Security number be
4215
appended to another number and it becomes
readily identifiable and gives out information
to which the general public is not entitled.
I would just ask you to take a look
and maybe, if this bill passes, becomes law
through the concurrence of the other house and
the Governor, to make a more expansive bill
that would prohibit any portion of my Social
Security number from being used for any
identification from me without my express
consent.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Mr.
President, I would like to ask Senator Farley
a question.
ACTING PRESIDENT MEIER: Senator
Farley, do you yield for a question?
SENATOR FARLEY: I certainly
would be pleased to yield.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President.
Senator Farley, this is a very good
4216
bill, I think. And I would just ask if you
would consider at some point in time extending
this even to high schools. Because I'm now
finding that every piece of paper that I'm
asked to fill out for my son, they're asking
for his Social Security number.
So this is not only a problem at
the college level and university level, but it
is also problematic at the high school and
secondary school level. So I would hope that
you could consider -
SENATOR FARLEY: I think the bill
does do that.
SENATOR MONTGOMERY: Does it do
that already?
SENATOR FARLEY: It says "no
public or private elementary or secondary
school or college." So it does cover that.
SENATOR MONTGOMERY: Fair enough.
Thank you very much. I'm all in favor of
that.
SENATOR FARLEY: And let me just
say as an addendum to this, I mentioned this
bill to my former chairman of Banks, Denny
Farrell, who is very enthusiastic over this
4217
bill and is carrying it over there. And I
suspect that this just isn't one house, this
is something that's going to be signed into
law.
SENATOR MONTGOMERY: I appreciate
that. Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1237, by Senator Padavan, Senate Print 6587,
an act to amend the Vehicle and Traffic Law,
in relation to prohibiting holders of
learner's permits.
SENATOR DOLLINGER: May we have a
brief explanation, please.
ACTING PRESIDENT MEIER: Senator
4218
Padavan, an explanation has been requested of
Calendar Number 1237.
SENATOR PADAVAN: Yes, Mr.
President.
Currently the Commissioner of Motor
Vehicles designates areas where driving -
driver's testing takes place, which of course,
as we know, is a requirement. Once passing
that test, you get a license.
What this proposed legislation
would require is that the schools that give
this driver education training, largely
commercial enterprises, do not train their
drivers in the area in which they are going to
be subsequently tested in.
Yes, that's the legislation.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President. Actually, I'll tell you what.
I'll dispense with the questions, Mr.
President.
I thank Senator Padavan for his
excellent explanation. We had a discussion
about this in the Rules Committee before. I'm
4219
going to vote no. I still think that a
driver, including my 16-year-old son, who got
his license last Thursday, should be able to
test his skills almost anywhere he wants.
And while I appreciate the
neighborhood problems that give rise to
Senator Padavan's concerns in Queens, I still
think that drivers shouldn't be barred -- even
a young driver with an adult next to them
shouldn't be barred from the test area, that
they should be able to drive through the test
area.
Just like, frankly, we do when take
a bar exam and we study for the bar exam, when
we take a flying test and we go up and fly
around in an airplane.
A lot of it has to do with
practicing your skills. And it doesn't seem
to me that it's unfair, it doesn't seem to me
it's unconscionable that we would allow
drivers to test their skills in the roadways
that they're going to be tested on.
I appreciate the problems in
Queens, and I understand that this may be
burdensome to some neighborhoods. I would
4220
suggest that the way to solve the problem is
to have the Department of Transportation or
the Department of Motor Vehicles move the site
once a month.
But from my point of view, this
just doesn't seem to be the right way to solve
the problem of teaching drivers how to drive.
They've got to learn on the road someday, and
they might as well -- they shouldn't be barred
from driving on the test area.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Mr. President,
I'm just disposed to respond to Senator
Dollinger's comments in this extent.
Yes, when you take your bar exam,
you look at old tests and get an idea. But
you don't get the test that you're going to
take the day before or the week before.
Now, if a driver, a young driver -
and we all have gone through this with our
children -- is to be accurately and
appropriately tested, he should not be driven
around in that area previously, knowing where
every stop sign is, where every intersection
4221
is, where every light is, where every school
crossing is, and know that by rote. Because
we want that person to be able to identify
those areas in any event, no matter where he
or she is driving.
So what this will help is, I think,
produce a better driver, and not someone who
is taking the tests in the same area that he's
going to be officially tested on days later.
That doesn't make any sense either.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, I'll just briefly respond.
I understand Senator Padavan's
point. But these are the public streets.
These are parents who have paid their tax
dollars to have the public streets
constructed. And under those circumstances,
we're really saying to parents, You can't have
your children drive on the public streets,
because this is the area in which we're
testing people.
I understand Senator Padavan's
point. But from my point of view, these are
4222
the public streets, parents pay to build them.
If they want to teach their children how to
drive there, the fact that it's a test area
isn't enough to convince me that we should ban
them from the streets and make it a moving
violation for them to drive in that area.
Mr. President, I think this is one
about which minds can differ. Whether my
position is reasonable or not may be up to
debate. But I think this is one where we can
differ, and I'm going to vote in the negative.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1242, by Senator Kuhl, Senate Print 7561B, an
4223
act to authorize the Department of
Correctional Services or the Commissioner of
General Services to sell or lease.
SENATOR KUHL: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1243, by Senator Balboni, Senate Print 7580,
an act to amend the Judiciary Law, in relation
to statements to be filed by judges or
justices.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Explanation,
briefly.
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested of
Calendar 1243 by Senator Dollinger.
SENATOR BALBONI: Thank you, Mr.
President.
This is a bill that would correct a
technical deficiency in the current law by
amending the Judiciary Law to reflect a change
that was made in 1996 in the CPLR whereby the
4224
requirement for certain information to be
filed by referees and other appointees would
have a minimum threshold level of $500 as
opposed to $200.
In 1996, pursuant to an Office of
Court Administration memo, carried by the
eminent Dale Volker, this amendment was made
and it was passed, but we did not include the
amendment to Section 35A of the Judiciary Law.
This is what this bill does.
Thank you.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, just briefly on the bill.
This bill recognizes the fact that
we substantially increase the compensation for
referees in foreclosures from $200 to $500.
And therefore, since we didn't ask them to
report at the $200 level, we're now raising it
up to $500. Which I think is a good idea.
The only reason why I rise to speak
is just to say this is for lawyers who perform
foreclosures. We allowed a substantial
increase in the fees. I go back to an issue
4225
which we raised in the budget, which is we
have lawyers working in our family courts in
the most desperate position possible, and we
pay them $25 an hour.
This bill, which I'm going to vote
in favor of, should remind us that we have
other lawyers who are performing far more
serious, far more important work for which we
have never raised the statutory compensation.
And I would suggest, Senator
Balboni, while this is a good idea and gives
less paperwork for lawyers, we could achieve a
great deal by increasing fees in other areas
for lawyers.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
4226
President. I would like unanimous consent to
be recorded in Calendars Number 189 and also
Calendars 1216 and 1252.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendars 1216, 1252, and
189.
The bill is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1245, by Senator Stafford, Senate Print 7643,
an act in relation to revising a certain
claim.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
4227
is passed.
Senator Kuhl, that completes the
reading of the controversial calendar.
SENATOR KUHL: Mr. President, may
we return to the order of reports of standing
committees. I understand there's a report of
the Rules Committee at the desk. I ask that
it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1605, by Senator
Alesi, an act to amend the General Business
Law;
2283, by Senator Goodman, an act to
amend the Transportation Law;
2699, by Senator Lachman, an act to
amend the Public Authorities Law;
3822, by Senator Volker, an act to
amend the Penal Law;
4021A, by Senator Nozzolio, an act
to amend the Criminal Procedure Law and the
4228
Penal Law;
4185, by Senator Velella, an act to
amend the Real Property Law;
5326, by Senator Leibell, an act to
amend the Military Law;
6245, by Senator Velella, an act to
amend the Civil Practice Law and Rules;
6363, by Senator Seward, an act to
amend the State Finance Law;
6821, by Senator Skelos, an act to
amend the Civil Practice Law and Rules;
6958, by Senator Padavan, an act to
amend the Penal Law;
7072, by Senator Leibell, an act to
amend the Civil Practice Law and Rules;
7250, by Senator Hannon, an act to
amend the Tax Law;
7261A, by Senator Seward, an act to
amend the Insurance Law;
7419, by Senator Velella, an act to
amend the Vehicle and Traffic Law;
7515, by Senator Goodman, an act to
amend the Penal Law;
7630, by Senator Alesi, an act to
amend the Criminal Procedure Law;
4229
7645, by Senator Stafford, an act
to amend the Education Law;
7680A, by Senator Rath, an act to
amend the Public Authorities Law and Chapter
579 of the Laws of 1999;
7701, by Senator Balboni, an act to
amend the General Business Law;
7773, by Senator Leibell, an act to
amend the Election Law;
7821, by Senator Padavan, an act to
amend the Highway Law;
7844, by Senator LaValle, an act to
amend the Executive Law;
7867, by Senator Rath, an act to
amend the Real Property Tax Law and the
Agriculture and Markets Law;
7899, by Senator Morahan, an act to
amend the Education Law;
And 7949, by Senator Marcellino, an
act to amend the Executive Law and others.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
4230
SENATOR KUHL: Mr. President, I
move we accept the report of the Rules
Committee.
SENATOR DOLLINGER: No objection.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the report
of the Rules Committee. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Kuhl.
SENATOR KUHL: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
one motion, Senator.
Senator Seward.
SENATOR SEWARD: Yes. Mr.
President, on page 52 I offer the following
amendments to Calendar Number 995, Senate
Print Number 7127A, and ask that the said bill
retain its place on the Third Reading
4231
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
President, there being no further business to
come before the Senate, I move we adjourn
until tomorrow, Tuesday, June 6th, at
3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, June 6th, at 3:00 p.m.
(Whereupon, at 4:30 p.m., the
Senate adjourned.)