Regular Session - June 13, 2000
4877
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 13, 2000
11:21 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
4878
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 12, the Senate met pursuant to
adjournment. The Journal of Sunday, June 11,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Kuhl.
SENATOR KUHL: Yes, Mr.
4879
President. I'd like to announce that there
will be an immediate meeting of the Senate
Finance Committee in the Majority Conference
Room, Room 332.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance 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 Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Saland, on
page number 14 I offer the following
amendments to Calendar Number 547, Senate
Print Number 3812, and ask that said bill
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
4880
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Kuhl.
SENATOR KUHL: Are there any
substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are, Senator. Would you like them read?
SENATOR KUHL: Please make the
substitutions.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 40,
Senator Goodman moves to discharge, from the
Committee on Rules, Assembly Bill Number 1157
and substitute it for the identical Senate
Bill Number 663, Third Reading Calendar 1346.
On page 40, Senator Marchi moves to
discharge, from the Committee on Finance,
Assembly Bill Number 2581 and substitute it
for the identical Senate Bill Number 2150,
Third Reading Calendar 1353.
And on page 41, Senator Velella
moves to discharge, from the Committee on
Transportation, Assembly Bill Number 4181 and
4881
substitute it for the identical Senate Bill
Number 3598, Third Reading Calendar 1357.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Kuhl.
SENATOR KUHL: Mr. President, may
we now adopt the Resolution Calendar, with the
exception of Resolution Number 4794.
ACTING PRESIDENT MEIER: All in
favor of adopting the Resolution Calendar,
with the exception of Resolution 4794, signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exception, is
adopted.
Senator Kuhl.
SENATOR KUHL: May we now have
the noncontroversial reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
4882
THE SECRETARY: Calendar Number
43, by Senator Alesi, Senate Print 3485B, an
act to amend the State Administrative
Procedure Act, in relation to adjudicatory
proceedings.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
347, by Senator Saland, Senate Print 2752A, an
act to authorize the city school district of
the City of Poughkeepsie.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4883
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
574, by Senator Stafford, Senate Print 3843,
an act to amend the Executive Law and the Arts
and Cultural Affairs Law, in relation to
including.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
767, by Senator Goodman, Senate Print 5671B,
an act to amend the Real Property Tax Law and
the Administrative Code of the City of New
York, in relation to mailing requirements.
4884
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 51. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
995, by Senator Bonacic, Senate Print -
ACTING PRESIDENT MEIER: Just a
second. Can we have just enough quiet so we
can hear the Secretary read, please.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
995, by Senator Bonacic, Senate Print 7127B,
an act to amend Chapter 915 of the Laws of
1982 amending the Public Authorities Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
4885
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1005, by Senator Skelos, Senate Print 6153A,
an act to amend the Civil Rights Law, the
Criminal Procedure Law, and the Executive Law,
in relation to a change of name.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1043, by Senator Skelos, Senate Print 6777B,
an act to amend the Public Service Law, in
relation to the authority of a telegraph or
telephone corporation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
4886
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1098, by Senator Spano, Senate Print 7766A, an
act to amend the Executive Law, in relation to
obtaining nationwide criminal history records.
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, 46. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1152, by Senator Balboni, Senate Print 7161A,
an act to amend the Banking Law, in relation
4887
to the maintenance of assets.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 120 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1251, by Senator Goodman, Senate Print 7911,
an act to amend the Civil Practice Law and
Rules, in relation to forfeiture proceedings.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
4888
THE SECRETARY: Calendar Number
1332, by Senator Meier, Senate Print 7816, an
act to amend -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1340, by Senator Hoffmann, Senate Print 6688B,
an act to amend the Family Court Act, the
Social Services Law, and the Penal Law, in
relation to abandoned infants.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10 -
SENATOR HOFFMANN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1351, by Senator Bonacic, Senate Print 1731D,
an act to amend the Vehicle and Traffic Law,
in relation to requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 60th day.
4889
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1352, by Senator Libous, Senate Print 2093A,
an act to amend the Vehicle and Traffic Law,
in relation to the expiration of parking
violations.
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, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1353, substituted earlier today by Member of
the Assembly Vann, Assembly Print Number 2581,
an act to amend Chapter 154 of the Laws of
4890
1921 relating to the Port Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect upon the enactment into
law by the State of New Jersey.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1354, by Senator Stafford, Senate Print 2375A,
an act to amend the Lien Law, in relation to
notice of lien.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3 -
SENATOR KUHL: Lay the bill aside
for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1355, by Senator McGee, Senate Print 2895B, an
4891
act to amend the Public Authorities Law and
the Transportation Law, in relation to
creating the Chautauqua, Cattaraugus, Allegany
and Steuben southern tier.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1356, by Senator LaValle, Senate Print 3057A,
an act to amend the Criminal Procedure Law, in
relation to designating certain employees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4892
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1357, substituted earlier today by Member of
the Assembly Brennan, Assembly Print Number
4181, an act to amend the Vehicle and Traffic
Law, in relation to adjudication.
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, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1358, by Senator LaValle, Senate Print 5925C,
an act to amend the Education Law and the
Economic Development Law, in relation to
purchasing.
4893
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1359, by Senator Marchi, Senate Print 6239, an
act to authorize the City of New York to
reconvey its interest in certain real
property.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
4894
is passed.
THE SECRETARY: Calendar Number
1360, by Senator Marchi, Senate Print 6353, an
act authorizing the City of New York to
reconvey its interest in certain real
property.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1361, by Senator Marcellino, Senate Print
6670, an act to amend the Education Law, in
relation to transporting children.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
4895
July.
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
1362, by Senator Seward, Senate Print 6679A,
an act to amend the Insurance Law, in relation
to authorizing domestic life.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect in 90 days.
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
1363, by Senator Nozzolio, Senate Print 6703,
an act to amend the Penal Law, in relation to
aggravated harassment of an employee by an
4896
inmate.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1364, by Senator Morahan, Senate Print 6825 -
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1365, by Senator Seabrook, Senate Print 6857,
an act authorizing the City of New York to
release its interest in certain real property.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
4897
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1366, by Senator Hannon, Senate Print 6893A,
an act to amend the Lien Law, in relation to
extending the duration of certain liens.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1367, by Senator Alesi, Senate Print 6985A, an
act in relation to redistributing 1999 bond
volume allocations.
ACTING PRESIDENT MEIER: Read the
last section.
4898
THE SECRETARY: Section 17. 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
1368, by Senator Markowitz, Senate Print 6995,
an act authorizing the City of New York to
reconvey its interest in certain real
property.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
4899
1369, by Senator Meier, Senate Print 7091, an
act to authorize Kevin Collins, a police
officer employed by the police department of
the town of New Hartford.
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, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
I'm sorry. Senator Duane.
SENATOR DUANE: Thank you very
much. I'd like unanimous consent to change my
vote on Calendar Number 1098 from negative to
affirmative, please.
ACTING PRESIDENT MEIER: Without
objection, so ordered.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
4900
1370, by Senator Maziarz, Senate Print 7256,
an act to amend the Estates, Powers and Trusts
Law and the Not-for-Profit Corporation Law, in
relation to public notice.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1371, by Senator Seward, Senate Print 7295, an
act to amend the Insurance Law, in relation to
the issuance of stop-loss policies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
4901
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1372, by Senator Seward, Senate Print 7327B,
an act to amend the Insurance Law, the
Not-for-Profit Corporation Law, the Tax Law
and others, in relation to the organization,
licensing and regulation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 14. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1373, by Senator Spano, Senate Print 7533B, an
act to amend the Social Services Law, in
relation to establishing voluntary enhanced
standards.
4902
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1374, by Senator Leibell, Senate Print 7540A,
an act to amend the Town Law, in relation to
the diminishment of the Continental village
water district.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
4903
THE SECRETARY: Calendar Number
1375, by Senator Spano, Senate Print 7606A, an
act to amend the Banking Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR KUHL: Lay the bill aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1376, by Senator Bonacic, Senate Print 7618B,
an act in relation to the alienation of
certain parkland in the Town of Thompson,
Sullivan County.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
4904
THE SECRETARY: Calendar Number
1377, by Senator Bonacic, Senate Print 7854A,
an act to authorize the Village of Saugerties
to lease the waterfront parkland.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1378, by Senator Johnson, Senate Print 7927A,
an act authorizing the assessor of the Town of
Babylon to accept an application.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
4905
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1379, by Senator Padavan, Senate Print 7947,
an act to amend the Criminal Procedure Law, in
relation to statements.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: If you would
recognize, Madam President, Senator
DeFrancisco.
ACTING PRESIDENT McGEE: The
chair recognizes Senator DeFrancisco.
SENATOR DeFRANCISCO: Madam
President, I just would like to record that
had I been in the chamber on 6/7/2000, I would
4906
have voted yes on -- excuse me, no on Senate
Calendar Number 842, Senate Bill Number 3903.
ACTING PRESIDENT McGEE: The
record will so reflect.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. May we return to motions and
resolutions.
And would you now at this time
please have the Secretary read the title to
Resolution 4794 and then move to its adoption.
ACTING PRESIDENT McGEE: Motions
and resolutions.
The Secretary will read the title
of Resolution 4794.
THE SECRETARY: By Senator
Seabrook, Legislative Resolution Number 4794,
recognizing 15 honorees upon the occasion of
commemorating the 37th anniversary of African
Liberation Month.
ACTING PRESIDENT McGEE: On the
resolution, all those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
4907
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. May we now have the controversial
reading of the calendar, commencing with
Calendar Number 1332 and continuing in order
thereafter.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1332, by Senator Meier, Senate Print 7816, an
act to amend the General Municipal Law, in
relation to prize awards for certain games of
chance.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Explanation,
please, Madam President.
ACTING PRESIDENT McGEE: Senator
Meier, an explanation has been requested.
SENATOR MEIER: Thank you, Madam
President.
4908
This bill amends the General
Municipal Law to permit the value of prizes
offered by authorized organizations conducting
a raffle to increase from $100,000 to
$150,000.
ACTING PRESIDENT McGEE: Thank
you, Senator Meier.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield to a
question?
ACTING PRESIDENT McGEE: Senator
Meier, will you yield for a question?
SENATOR MEIER: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Just so I
better understand this, could you describe for
me the current process by which a prize up to
$100,000 is approved by the board? I assume
it is still -- is it approved by the board up
to 100,000, or -
SENATOR MEIER: Madam President,
I don't believe the prize is approved.
4909
But the process would be if an
authorized organization were going to hold a
raffle, they would apply through the local
permit granting officer, normally the town or
city clerk, and then those papers in turn are
filed with the Racing and Wagering Board.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if the Senator will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Meier, do you continue to yield?
SENATOR MEIER: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Do I
understand that now under the current process
the Racing and Wagering Board has to approve
the application? Or it's just filed with the
board?
SENATOR MEIER: My understanding,
Madam President, is that it's -- the approval
is in the local official, and it's filed with
4910
the Racing and Wagering Board.
SENATOR DOLLINGER: Okay. I
think I know enough to make up my mind, Madam
President.
Just on the bill, briefly.
ACTING PRESIDENT McGEE: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I voted
against a bill yesterday that would have
allowed the waiver of admission prices in the
bingo games. Not because I'm against bingo as
a form of raising money for churches, I just
think that we're stepping away from our
regulation of games of chance. I think that
puts us -- our constituents at a more
significant risk of either being defrauded,
quite frankly, or being taken advantage of in
the gaming process.
We're now going to have, in
essence, small raffles and small lotteries
growing up around the state for goods up to
$150,000, all without apparent government
oversight other than through local officials,
who I assume do it as a matter of habit.
And I assume we don't have
4911
significant standards about determining
whether they're bonded gifts or whether
they're required that there be insurance or
what kind of odds and disclosure is made at
the time you buy these chances.
As I'm sure Senator Meier knows, in
national games of chances there's extensive
disclosure. It is written in teeny-weeny
print on the back of the McDonald's tickets
that you buy. But I'm not so sure that
there's that kind of disclosure that occurs in
these raffles.
I continue to think that moving
away from the regulation of games of chance in
any form is a bad idea. This is just the kind
of thing that six months from now, a year from
now, six years from now somebody will say "I
was defrauded, there was never a prize." And
I think in the long run, moving from
regulation of games of chance will become an
idea that gets worse and worse in people's
minds.
I'm going to vote against the bill.
I understand why the charities and donated
houses -- which is one of the issues that's
4912
raised in the memo -- why that issue may have
some legitimacy, but I think we should refrain
from getting out of the business of regulating
games of changes. Otherwise, our constituents
will be the big losers.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1332 are
Senators Dollinger, Padavan, and Paterson.
Ayes, 54. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. May we now take up Calendar Number
1379, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
4913
1379, by Senator Padavan, Senate Print 7947,
an act to amend the Criminal Procedure Law, in
relation to statements at the time of a plea.
SENATOR DUANE: Explanation.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
This bill simply adds to existing
law by affording victims or members of their
family the opportunity to be heard when a plea
of not responsible by reason of insanity is
accepted by a court, allowing at that point in
time an opportunity for these victims or their
family members to be heard.
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, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
4914
is passed.
THE SECRETARY: Calendar Number
1340, by Senator Hoffmann, Senate Print 6688B,
an act to amend the Family Court Act, the
Social Services Law, and the Penal Law, in
relation to abandoned infants.
SENATOR KUHL: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1363, by Senator Nozzolio, Senate Print 67 -
SENATOR KUHL: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: It probably should
be said at this time that there are a number
of members who have bills on the calendar and
who are not present when the bill is called.
We are, as you know, in the
next-to-last day of session, and that in fact
4915
it may be necessary not to reissue or readjust
or reacquaint ourselves as a chamber with the
bills if they're passed over the first time.
So, as Senator Padavan has just reminded me,
these may not be revisited.
So it is a strong suggestion,
coming from the Majority Leader, that if
members have bills on the active list that
they be present when the bills are called, to
debate them if necessary.
Now, with that having been said,
Senator Morahan is present to debate the bill.
So would you have the Secretary please call up
Calendar Number 1364, please.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, would the Acting Majority Leader
yield for a very brief question.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: This is a rare
occasion. But yes, I will, Senator Paterson.
SENATOR PATERSON: Senator, why
don't we cure this problem and ameliorate it
4916
by putting the bills on the floor of the
members who are here.
(Laughter.)
SENATOR KUHL: I think the rest
of the calendar is noncontroversial, Madam
President. No, I'm just kidding.
(Laughter.)
ACTING PRESIDENT McGEE: The
Secretary will read 1364.
THE SECRETARY: Calendar Number
1364, by Senator Morahan, Senate Print 6825,
an act to amend the Public Authorities Law, in
relation to making technical and clarifying
changes.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: An
explanation has been requested, Senator
Morahan.
SENATOR MORAHAN: Yes. In
Rockland County, the sewer and solid waste
district provides service to the Palisades
Interstate Park in the Bear Mountain area and
throughout the county. They have been
4917
unsuccessful in collecting service charges
from that organization based on the way the
law is written.
It's a sizable amount of money, and
the county has asked that we change the law
and change a word within the law, it's a
technical correction, to add "governmental
entity" as well as "person," so that they
would have standing in order to collect the
funds that are due and payable.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, would Senator Morahan yield for a
question?
SENATOR MORAHAN: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: By changing
the definition -- it's not as much changing a
word, from what I understand, Senator Morahan,
it's changing the definition of a person to
include a government entity; is that correct?
SENATOR MORAHAN: That's correct.
4918
It says "corporation" -- let me just read that
for you: "A natural person, partnership,
association, joint venture, a corporation,
exclusively of a public corporation" -- which
we've taken out -- "and/or governmental
entity."
SENATOR PATERSON: Madam
President, if the Senator would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Morahan, will you continue to yield?
SENATOR MORAHAN: Yes, I do,
Madam President.
ACTING PRESIDENT McGEE: Thank
you.
The Senator yields.
SENATOR PATERSON: Madam
President, which change in the original
enactment would necessitate us going back and
changing the definition now?
SENATOR MORAHAN: I don't
understand the question.
SENATOR PATERSON: In other
words, what has happened since the original
enactment that makes us want to make this
4919
change? Are there any new facilities that
the -- that are going to be affected or
developed through this?
SENATOR MORAHAN: Well, what has
happened, to my understanding, is the
formation of the Solid Waste Authority in
Rockland County. They've been unable to
collect the funds due and payable. And that's
being supplemented now, or augmented, by the
taxpayers.
SENATOR PATERSON: Madam
President, there's no way to collect them
without making a change in the definition?
Because it seems that the
Legislature was pretty specific about these
definitions. And it's not that -- it's not
that this particular issue really affects
anything as much as I don't know what opening
the door actually is when it comes to this
kind of situation like a waste management
authority in Rockland County.
ACTING PRESIDENT McGEE: Are you
directing a question to Senator Morahan?
SENATOR PATERSON: Yes, I'm
sorry, Madam President.
4920
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: Would you
rephrase the question, Senator?
SENATOR PATERSON: What I'm
saying is that though I understand why you
drafted this bill, isn't there another way to
accomplish this without changing the
definition of a person to include a government
entity? Because I don't know what the
boundaries of the change of that definition
might actually be.
SENATOR MORAHAN: I understand
the question, Senator. And I think it's a
good question.
However, I have found no other way
of relief, according to counsel, other than to
do as the county has asked to make this
particular change. Both their counsel and our
counsel have discussed this, and this is where
we are. They don't see any other relief.
Every other effort to collect the
monies has failed. And the PIP has
consistently used the defense, if you will,
that "government entity" is not included in
4921
what is in the language now.
And therefore, it had to be
included for the county to be successful or
the county Solid Waste Authority to be
successful in collecting the money that's due.
SENATOR PATERSON: Thank you,
Senator. Last section.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Stachowski.
SENATOR STACHOWSKI: Madam
President, could I have unanimous consent to
be recorded in the negative on Calendar 1366.
SENATOR KUHL: No objection.
ACTING PRESIDENT McGEE: The
record will show.
Senator Kuhl.
4922
SENATOR KUHL: Yes, Madam
President. May we now return to the reports
of standing committees. I understand there's
a report of the Senate Finance Committee at
the desk. I ask that it be read at this time.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Before you start
that process, I'd like to remind the members
of the Judiciary Committee that there will be
a Judiciary Committee meeting in the Majority
Conference Room at 12:00 noon, in five minutes
from this moment, 12:00 noon.
ACTING PRESIDENT McGEE: Members
of the Judiciary Committee are reminded that
there will be a meeting in the Majority
Conference Room at 12:00 noon.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
4923
As a member of the Board of
Trustees of the State University of New York,
Patricia A. Elliott-Stevens, of Rochester.
ACTING PRESIDENT McGEE: Senator
Stafford.
SENATOR STAFFORD: Madam
President, it's certainly a pleasure to yield
to Senator LaValle for this very, very fine
nomination.
ACTING PRESIDENT McGEE: Senator
LaValle.
SENATOR LAVALLE: Thank you,
Madam President. And, Senator Stafford, thank
you for giving me the opportunity as chairman
of the Higher Education Committee to say some
words about Patricia Stevens, who is currently
a trustee of the State University and is being
renominated.
Trustee Stevens has done an
outstanding job in the short time that she has
served as a trustee. But the most telling
thing is that she has gone through every
phase, I believe, of the State University,
beginning with attendance at Monroe Community
College, then receiving her baccalaureate
4924
degree from Brockport and two master's degrees
from Brockport. And also her doctorate in -
she's a doctoral candidate at SUNY Buffalo,
UB.
She in both times, as I had
indicated to the Finance Committee, when she
appeared before the Higher Education Committee
was just a terrific candidate in terms of
answering questions and engaging the
committee.
I am very confident that she will
continue her excellent attendance record of
100 percent. But more importantly, as chair
of the subcommittee on community colleges,
something that is near and dear to the members
of this house as well as the Legislature, that
she will stay connected with the Legislature
and that we will continue to do good things
for our community colleges and therefore be
helpful to those students who want affordable
education in their own community at their
community college.
So, Mr. Chairman, Madam President,
I move the nomination of Trustee Patricia
Elliott-Stevens.
4925
ACTING PRESIDENT McGEE: Thank
you, Senator LaValle.
The question is on the confirmation
of Patricia A. Elliott-Stevens as a member of
the Board of Trustees of the State University
of New York. All in favor answer aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
confirmation is affirmed.
And we have with us today Patricia
A. Elliott-Stevens. And, Patricia Stevens, we
congratulate you on your reappointment as a
trustee on the board of the State University
of New York.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a member of
the Industrial Board of Appeals, Theodore R.
Kupferman, Esquire, of New York City.
SENATOR KUHL: Move confirmation,
please.
4926
ACTING PRESIDENT McGEE: The
question is on the confirmation of Theodore
Kupferman as a member of the Industrial Board
of Appeals. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominee is confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Rochester-Genesee Regional Transportation
Authority, Stephen A. Horstman, of Rochester.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Yes, Madam
President.
It's my pleasure to stand up and
second the nomination and move the
confirmation of Stephen Horstman, of
Rochester, on behalf of Senator Stafford, who
has been called out of the room to another
committee meeting.
4927
Senator Stafford wanted me to make
sure that the members knew that in fact
Mr. Horstman had met with the Transportation
Committee and was very well received by that
committee and also met with the Finance
Committee just a short time ago and was well
received there.
Mr. Horstman is from Rochester, New
York. He is an engineer who has worked with
Kodak. And we believe he will provide a
valuable service to the Rochester-Genesee
Transportation Authority.
So it's with a great deal of
pleasure and pride that I move his
confirmation at this time.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Stephen A.
Horstman, of Rochester, as a member of the
Rochester-Genesee Regional Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
4928
ACTING PRESIDENT McGEE: The
nomination is confirmed.
We have visiting with us in the
chambers today Stephen A. Horstman. And with
him is Diane Loving, his wife.
Our congratulations to you,
Mr. Horstman. And on behalf of the State of
New York Senate, we welcome you here.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As members of the
Small Business Advisory Board, Vincent J.
Stanley, of Rochester, and Ross M. Weale, of
South Salem.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Vincent J.
Stanley and Ross M. Weale as members of the
Small Business Advisory Board. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
4929
nominations are confirmed.
The Secretary will read.
THE SECRETARY: As members of the
State Environmental Board, David Johnson
Miller, of Ballston Lake, and Gail S. Port, of
Forest Hills.
ACTING PRESIDENT McGEE: The
question is on the confirmation of David
Johnson Miller and Gail S. Port as members of
the State Environmental Board. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I believe
I'm required to state that Gail Port is in my
husband's law firm, and therefore I have to
abstain.
ACTING PRESIDENT McGEE: The
record will so indicate.
The appointees are hereby
confirmed.
4930
The Secretary will read.
THE SECRETARY: As a member of
the Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission, Benjamin M. Paulino, of Kings
Park.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Benjamin
Paulino as a member of the Saratoga-Capital
District State Park, Recreation and Historic
Preservation Commission. All in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominee is confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Advisory Council on Agriculture, Philip
Herrington, of Troy.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Philip
Herrington, of Troy, as a member of the
4931
Advisory Council on Agriculture. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominee is confirmed.
The Secretary will read.
THE SECRETARY: As members of
Advisory Council on Alcoholism and Substance
Abuse Services, Joette Deane, of Oswego, and
Richard G. Dobell, of Endwell.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Joette
Deane, of Oswego, and Richard Dobell, of
Endwell, as members of the Advisory Council on
Alcoholism and Substance Abuse Services. All
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
appointees are confirmed.
4932
The Secretary will read.
THE SECRETARY: As Major General
of the New York State Organized Militia,
George Garrett, of Freehold, New Jersey.
ACTING PRESIDENT McGEE: The
question is on the confirmation of George
Garrett as Major General of the New York State
Organized Militia. All in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
appointee has been confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors of the New York School
for the Blind, Anna Neuberg Korus, of
Fairport.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Anna
Neuberg Korus, of Fairport, as a member of the
Board of Visitors of the New York State School
for the Blind. All in favor signify by saying
4933
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominee is hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Visitors of the Agricultural and
Industrial School at Industry, Patricia A.
Tantillo, of West Henrietta.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Patricia A.
Tantillo, of West Henrietta, as a member of
the Agricultural and Industrial School at
Industry. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nominee is hereby confirmed.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
4934
President. Earlier Senator Oppenheimer had
asked permission to essentially excuse herself
from voting on the nomination of Gail Port.
And I think the record should
reflect that permission was granted and she
abstained from that vote on that confirmation.
ACTING PRESIDENT McGEE: The
record will so show.
SENATOR KUHL: Now can we return
to the order of motions and resolutions. And
I believe that there's some motions to be
taken up.
ACTING PRESIDENT McGEE: Motions
and resolutions.
Senator Farley.
SENATOR FARLEY: Yes, thank you,
Madam President.
On behalf of Senator Leibell, on
page 19 I offer the following amendments to
Calendar 741, Senate Print 3384A, and I ask
that that bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received and adopted. The bill
will retain its place on the Third Reading
4935
Calendar.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Yes. Could we now
take up Calendar Number 1363, by Senator
Nozzolio.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1363, by Senator Nozzolio, Senate Print 6703,
an act to amend the Penal Law, in relation to
aggravated harassment.
SENATOR OPPENHEIMER:
Explanation.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested.
SENATOR NOZZOLIO: Thank you,
Madam President.
The purpose of this legislation is
to include police officers and their detainees
as those employees and offenders covered under
the provisions of what we call the aggravated
harassment of an employee by an inmate
statute.
4936
Basically, any police officer that
is detaining or attempts to detain an
individual who uses their bodily fluid as
weapons, that in effect that becomes -- that
conduct gives rise to the course of a felony.
That we must protect our law
enforcement officers at every opportunity, and
this opportunity defends those employees who
are upholding the law and trying to enforce
the law yet are faced with an attack by
someone that they're detaining.
Now, that attack, whether it be
somebody using any of their bodily fluids to
insult that officer, becomes much more than an
insult, it becomes downright dangerous. In
this day of HIV and transmission by the
extension of bodily fluids to an individual,
whether -- that that certainly gives rise to
the course of a felony.
And that that's why we're trying to
ensure that correction officers who have this
protection have that same protection afforded
to other law enforcement officers.
SENATOR OPPENHEIMER: Explanation
satisfactory.
4937
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, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Could you call up
Calendar Number 1340, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1340, by Senator Hoffmann, Senate Print 6688B,
an act to amend the Family Court Act, the
Social Services Law, and the Penal Law, in
relation to abandoned infants.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
4938
SENATOR HOFFMANN: Thank you,
Madam President.
I'm very, very proud today to be
able to rise in the Senate chamber and speak
in favor of this very -
ACTING PRESIDENT McGEE: Excuse
me just one moment. Senator Hoffmann, just
one moment.
Senator Bruno.
SENATOR BRUNO: Yes. Senator
Hoffmann, would you suffer an interruption?
SENATOR HOFFMANN: I'd be happy
to yield for Senator Bruno.
SENATOR BRUNO: Thank you.
And Senator Hoffmann will speak to
this legislation that we are going to be
taking up at this time. I would like to just
speak generally on this legislation and how it
affects people's lives.
Senator Hoffmann many, many years
ago recognized that there was a great
injustice being done with newborns here in New
York State and throughout the country, and put
together legislation that would create, in
essence, a safe haven for newborn babies. And
4939
that if a young mother turned in a newborn
baby in good health, that that mother would
not be prosecuted.
My son Ken Bruno, who is the
district attorney in Rensselaer County,
becoming aware of that and what was taking
place in the country, put together a group, I
believe, of nine other district attorneys in
the Capital Region to create what they've
referred to as "Safe Haven."
Well, we just got notified -
they're doing that on a voluntary basis -
that the very first baby, a newborn, was
turned in this morning at Samaritan Hospital
with a 20-year-old mother, and the mother and
the baby are doing well.
And, you know, we in this
Legislature deal with a lot of issues, and
many of them are important. But this
legislation -- and I can't commend Senator
Hoffmann enough for her vision over the past
years in taking a leadership position in
this -- this saves a life. And, potentially,
the life of a young mother who won't be facing
prosecution and potentially ending up for many
4940
years of her life behind bars. It's a win for
her, it's a win for society, and it's a win
for a newborn baby who has a chance at life.
So I think all of us can be proud,
very proud of my son Ken and his leadership
locally, very proud that Senator Hoffmann had
the initiative so many years ago and the
persistence to stay with this.
So I would encourage everyone here
in this chamber to be supportive.
Thank you, Madam President, and
thank you, Senator Hoffmann.
ACTING PRESIDENT McGEE: Thank
you, Senator Bruno.
Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Senator Bruno, for those kind words.
It's difficult not to be emotional
about this measure as we pass it, and the
timing is really kind of mind-boggling. It
was just minutes ago that I received the call
from Ken Bruno saying that they had received
their first infant under Operation Safe Haven.
And the sense of personal gratification,
knowing that a life has been saved, is very,
4941
very difficult to put into words at this time.
But the timing is perhaps
fortuitous, because it will keep us focused on
our need to be certain that the other house
understands that this language that we have
today is in fact the language that works. I
want to take a moment to explain why this bill
is different from bills that have happened in
other states.
There's been a great deal of
commotion in the last few months because these
things seem to happen in a rash. They've been
happening for years and years. My personal
history goes back 19 years to 1981, when, as a
member of the Syracuse City Council, I had to
deal with a series of abandoned infants, all
found dead, in my own little council district
back in Syracuse.
I put together a task force at that
time, and we assessed the problem in terms of
how we were failing as a society to anticipate
this need.
There are several points that come
clear that are absolutely indisputable. One
of them is the fact that the young mothers -
4942
and they generally are young mothers -- the
young mothers who would consider abandoning an
infant are frightened, they are in denial,
they feel that they will be persecuted or
punished in a way that they cannot comprehend.
They are not thinking in anything
close to a clear frame of mind. They are
going through all of the hormonal changes that
happen normally within childbirth anyhow,
without having any preparation about what will
happen to their bodies and to their emotional
well-being in the process of giving birth.
They have resisted going to a
hospital and receiving any kind of prenatal
care throughout that pregnancy. Their denial
is so complete, up to and including the birth
process, that they suffer childbirth alone.
And then they are determined that nobody can
find out what it is that happened, and they
are literally focused on destroying the
evidence of that pregnancy rather than dealing
with a living human life that they have
created.
Now, for most people this is
inconceivable. And the irony here is that our
4943
legal system, which is structured to protect
infants and to prosecute aggressively anybody
who would ever harm an infant, puts us in a
collision course with the actual circumstances
of the abandoned babies as we have experienced
them in this country in recent months and
decades.
What we have here is a bill that
brings into harmony the needs of that mother,
no matter how disturbed her thinking is at the
time of birth, with the desire to save that
infant. Very simply put, we must meet that
woman on her own terms in order to save the
life of the infant. And I think that's a
pretty good trade-off.
Here's the way we will do it in New
York State if this measure is enacted by the
Assembly and signed into law by the Governor,
and I have every confidence that it will be.
And it has not been an easy course to get
here, because the district attorneys of this
state have had the responsibility of
prosecuting to the letter of the law anything
that would amount to neglect or abandonment or
child abuse.
4944
So we have now had the good fortune
of having the most progressive district
attorney on our side that I have ever
encountered in my life. And I'm not saying it
just because his father is in the Senate
chamber. I have the deepest respect for Joe
Bruno -- for Ken Bruno. I do for his dad too.
But for Ken Bruno, this is a very
special moment, because he provided the
leadership to help the district attorneys -
not just in the Capital District, but
statewide -- understand that we needed a bill
that would give these young women the guidance
to deposit a baby safely without a specific
list of locations where that baby may be
placed.
It is not in any way logical to
assume that a young mother who would never go
to any institutionalized healthcare during her
pregnancy, and would not even go to a hospital
or reach out for medical assistance at
childbirth, it's inconceivable to think that
this woman would then voluntarily go through a
long checklist of safe places to place a baby
and do that in every instance.
4945
If she is that determined to
protect her anonymity, we cannot direct her to
a specific location. We cannot mandate that
it be a specific location. All we can do is
say yes, there are many, many locations to
which you can come, we will welcome you, and
we will not ask questions if you need that
anonymity. We will not ask questions if you
deliver us that infant safely up to 3 days
old.
The hospitals of this state and the
district attorneys of this state have agreed
now to provide this kind of service. But we
know that there will be cases where mothers
are not going to go to a hospital, they are
determined to find a way to leave that baby
where nobody will know that they in fact have
left the baby.
The stories are legion. A young
woman with four children under the age of 4
years old, whose husband just left her to live
with another woman, had a baby; no one knew
she was pregnant. This young mother went and
purchased $86 worth of baby clothes, diapers,
and formula, and left the baby in a parking
4946
lot at a shopping center, parking where she
could see that somebody picked up the infant
within a few minutes.
She was eventually identified, and
the intelligent thinking of the prosecutors
prevented her from being charged with any
crime. But she was not thinking with a clear
mind, or she would have gone to a hospital in
the first place and arranged a surrender.
A 14-year-old girl who delivered an
infant, a full-term infant near her home
beside the railroad tracks, abandoning her
baby, this infant dead not too far from the
railroad tracks. Nobody knew. No one
understood. Nobody had any idea that this
14-year-old girl was pregnant.
We wonder how these things can
happen, how we can fail as a society to
recognize this, how can parents not know that
their children are pregnant. There are no
easy answers. But the most important fact
that people must remember when they're dealing
with this is that you cannot recognize how
totally disturbed that mother's frame of mind
is, and you cannot force her into a corner
4947
that says you can only go to Point A or Point
B or Point C in order to leave your infant
safely.
Our bill simply says that if the
infant is left in a manner which indicates an
intent to surrender the child, and the child
is safe, that there will be no charges brought
against that mother. It's called an
affirmative defense. And we are -- we have
the very finest bill in the nation in front of
us.
Several other states have attempted
to do this with only irregular success.
Alabama has the same time period, 72 hours
rather than 3 days, and lists surrender at a
licensed hospital, emergency department only.
And it also requires that the mother is going
to reimburse the hospital for the infant care.
Colorado, 72 hours or younger,
surrender to an on-duty firefighter or
hospital staff member.
Connecticut, 30 days old, surrender
to an on-duty firefighter or hospital staff
member, emergency room.
Florida, hospital, fire, police
4948
station.
Kansas, fire station, county health
hospital.
Michigan, 72 hours, hospital,
police, fire department.
Minnesota, 72 hours, surrender at a
hospital.
South Carolina, less than 30 days,
surrender at a hospital or hospital outpatient
facility.
West Virginia, less than 30 days,
healthcare facility.
New York's law, if the other house
will join us in this, would be the landmark in
the nation because it recognizes that these
women must have that guarantee and that we
will accept their intent -- if that infant is
found live and well, we will accept their
intent to have provided for that infant
safely, we will not ask any questions, and we
will, as we showed today, save the lives of
many infants.
ACTING PRESIDENT McGEE: Thank
you, Senator Hoffmann.
Read the last section.
4949
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Schneiderman -- Hevesi, I'm sorry.
SENATOR HEVESI: Would the
sponsor yield to one brief question, please.
ACTING PRESIDENT McGEE: Senator
Hoffmann, will you yield for a question?
SENATOR HOFFMANN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you.
Senator Hoffmann, I wholeheartedly
support this legislation. I think it's
terrific, and I encourage everyone to vote for
it.
I have one quick question for you
pertaining to investigations pursuant to
abandonment.
SENATOR HOFFMANN: Excuse me, I'm
unable to hear, Madam President.
ACTING PRESIDENT McGEE: Shhh.
SENATOR HOFFMANN: Thank you.
SENATOR HEVESI: A quick question
for you regarding whatever investigations
might now take place when a child is abandoned
4950
by a social service agency or a district
attorney in order to determine how it came to
be that child was left somewhere.
What would happen if this
legislation is enacted -- and I hope it is
enacted -- would the same social service
agency or district attorney's office still be
required to try and find out how this child
came to be abandoned?
SENATOR HOFFMANN: Thank you,
Senator Hevesi. The district attorney's
office would have the option of determining
that the infant had been abandoned safely, and
it would not need to file a report that would
require the social service investigation.
SENATOR HEVESI: Okay. Thank
you.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes. The
concept on this bill I think is really
outstanding. We could save lives, and we can
be in a position to hopefully help people that
are in very difficult situations in childbirth
that maybe others don't know about. And the
4951
condition of anonymity is so very important.
I think the reason why all those
other states give specific locations I think
is pretty obvious to me. Because what is in
this bill is an affirmative defense, which
means if you're charged with a crime, if
you're charged with whatever crime the DA
wants to charge you with, you can
affirmatively show, as the woman dropping the
child off, that you had intent to place the
child safely and so forth.
The problem I have with this
bill -- and I know there's not a same-as in
the other house, and I hope that this can be
resolved, because the concept is outstanding.
The problem I have, the definition that you
have to prove as the accused -- that's an
affirmative defense here -- what you have to
show is that you had intended that the child
be left in a safe place and safe from physical
injury and cared for in an appropriate manner.
The defendant -- and left the child with an
appropriate person at an appropriate, suitable
location and promptly notified an appropriate
person.
4952
In a strictly legal sense -- and as
a lawyer, I look at these things in that
way -- if someone is charged and I have to
prove an affirmative defense, what is an
appropriate person? Where is a suitable
location? What is an appropriate notice?
And I guess what I'm saying is I
think the reason why they're more specific in
other states is that they want women to go
forward and do this rather than losing the
child.
But if you have a defense, it's a
defense that's so vague as to what's
appropriate, I think it's going to be very
difficult in a situation for a woman to really
know when she's going to be safe from
prosecution and when that affirmative defense
is really going to be provable: Was it an
appropriate person that I left with?
And I've got a feeling the way this
will be interpreted is that if the child is
safely left someplace and lives, they probably
won't be prosecuted. But if the woman thought
it was an appropriate place and something
happens to the child, then that person will
4953
probably be prosecuted. It's difficult to
show the intent, it's difficult to show what's
appropriate.
So I guess what I'm saying is I
understand the need to be broader than saying
one location or another location. But I just
think this may be too broad, that it might put
a woman in jeopardy and they might not take
the chance to drop the child off because they
might not feel that they can prove this
particular defense.
So I would hope that the bill
passes, and I'll support it. I just hope that
in the negotiations to try to get something a
little bit more specific. Maybe not a
specific location, but to work on the words so
that the affirmative defense is clearly
understandable.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: I rise to
clarify something that Senator DeFrancisco
raised. And I think that his comments help
illustrate why we have lawyers and nonlawyers
in this chamber working on this.
4954
And to be very candid about it, it
is the lawyers, who have always interpreted
the law narrowly and with the finite detail
that compels them to understand it, that have
prevented us from passing such a measure in
years past. I would have loved to have sat in
the gallery and watched a measure like this
pass 19 years ago when I was first dealing
with this problem.
And at that time, here's what I was
forced to do. I would meet privately with the
district attorneys in the Central New York
area, meet with the hospitals, and ask them if
they would agree to a policy of nonprosecution
in the case of a safe abandonment of an
infant.
And informally, the district
attorneys would say -- after some discussion,
they would say: "Yes, I guess we can do that,
but only on a case-by-case basis, and we just
have to be sure the infant is safe, but I'm
not going to promise in each case we will do
that."
On the strength of that commitment,
uneven as it was -- and it changed from county
4955
to county and from election to election with
new district attorneys. But uneven as that
was, we had enough information to go out and
do a public relations campaign to try to
encourage these young mothers to put their
infants in a safe location. And this was an
ongoing effort for more than twenty years.
I have the storyboards for public
service announcements that show where we tried
to reach out on a preventative basis. But you
have to be able to catch these girls at a time
that they're receptive to the information in a
way that they can receive it. And they have
already shown a total rejection of
institutional care for their own personal
well-beings and for the well-being of their
unborn infants, and they clearly reject
institutional oversight over their lives.
They don't understand that a law
that says this place is okay, this place is
okay, and this other place is not okay is what
they have to abide by. They are operating
outside the parameters of the law and outside
the parameters of institutional healthcare.
So we have to rely on the good
4956
judgment of district attorneys like the one
here in Rensselaer County who has done such a
masterful job of creating Operation Safe
Haven, to know when it is an appropriate
relinquishment of an infant so there should
not be any prosecution.
Let me show you what we did with
our public service announcements, because one
of the aspects of this bill that I think we
have not spent enough time on is the
requirement that we will be creating a -- we
are going to be amending the Social Service
Law and providing an education program. I'm
sure next year we'll have to do an
appropriation to complement it.
But we want to be able to
communicate far and wide that this option will
exist. And hopefully when young girls know
that the option to abandon their infant
exists, they will come forward at an earlier
stage and they will seek that prenatal care.
Once they understand that we are supportive
and that we will not prosecute them, we will
not punish them for this pregnancy as long as
the infant is safe, hopefully they will take
4957
advantage at an earlier stage.
We did -- back in Syracuse we did a
series of public service announcements through
Contact, our crisis hotline. The screen
opened up, and it said "What is pregnancy
denial?" And there's a close-up picture of a
teenage girl saying "I can't be pregnant."
The words flash on the screen: "It's refusing
to believe that you are pregnant."
The voice of the girl says "My
parents would kill me." The words on the
screen say: "It's hiding what's going on
inside your body." The girl says, "I'm just
gaining weight." The words on the screen say:
"It's not getting the medical attention you
need."
The teenage girl says, "I don't
need to see a doctor. I just have a
stomachache." The words on the screen say:
"It's giving birth all alone." Then there's a
black screen, the sound of a baby crying.
The scene cuts to a girl curled up
on a bed. And the voice-over says: "Don't
let this happen to you or anyone you know.
Get confidential help." And then there's the
4958
phone number for the crisis hotline.
There's another public service
announcement that dealt with the anger of the
family and the repudiation of the pregnancy.
An extreme close-up of an angry father shaking
his fist, saying, "If you ever get pregnant,
I'll kill you." A look of surprise as the
voice-over speaks: "Threats like this can
actually kill your daughter. Don't threaten
your daughter into pretending she's not
pregnant."
Then there's a voice-over saying:
"Because if she refuses to believe she's
pregnant, she won't get the proper medical
attention, and that could lead to death for
her and her baby." The voice-over says: "You
wouldn't want that to happen, would you? If
you suspect your daughter is refusing to
believe that she's pregnant, encourage her to
call Contact for confidential help. It's
okay, call" -- and then the phone number.
Now, this is the kind of outreach
we have to do for the early intervention. But
it's an imperfect world, and some young girls
will reject it no matter how kindly and
4959
patiently we try to reach out to them this
time. And we don't know where they are
willing to go or to whom they are willing to
go. Some of them have an idea that if they
put a baby with a neighbor or on a neighbor's
doorstep or at a church door and make a phone
call, the infant will be okay.
There was a young girl in New
Jersey who gave birth in a college dormitory,
put the baby in a Dumpster and then made a
phone call, and emergency services came and
rescued the baby from the Dumpster. The
infant survived, and to this day is fine.
Ironically, that mother, once she
had received medical care and later
psychiatric care, sought and achieved custody
of that infant.
We can't anticipate what every
situation will be. But we have before us a
bill that will allow the district attorneys of
this state to show the good judgment to not
prosecute when a young girl has done the most
sensible thing she can think of under that
state of mind.
ACTING PRESIDENT McGEE: Read the
4960
last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: To explain
my vote.
Early on in the last comments that
Senator Hoffmann made, she indicated that
lawyers sometimes get involved in these
things. Well, whether anyone likes it or not,
this statute is going to be interpreted by
lawyers and it's going to be interpreted by
judges. And if a judge or a lawyer interprets
a place where a woman determined to drop a
child as not an appropriate place, that person
will still go get convicted of something.
The fact of the matter is for a law
to be enforceable, it can't be too vague.
It's got to be a definable set of
circumstances. And there's a great risk in my
mind that this law may be constitutionally
4961
vague.
My only suggestion wasn't to
suggest it's not a good idea, that all the
instances Senator Hoffmann raised were not
really important situations that we have to
deal with. It's simply that if you want a
law, you've got to make it not too vague or
it's not going to become enforceable.
And I'm just asking that that
statute, that part of the statute, only that
little part of the statute, the affirmative
defense, be reviewed carefully in the final
negotiations on the bill.
I vote yes.
ACTING PRESIDENT McGEE: Senator
DeFrancisco is recorded in the affirmative.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I just want to say a word about
this bill and congratulate Senator Hoffmann
and Senator Bruno on it. Actually, District
Attorney Bruno was a very large part in this,
in bringing it about.
I just want to say how good news
4962
spreads. The district attorney of Schenectady
County, where I live, is also ready to
participate in this and wants to be part of
this program.
And I think it is the right thing
to do to stop these tragedies from happening
throughout the state. And I'm confident that
you're going to see county after county taking
part in this.
ACTING PRESIDENT McGEE: How do
you vote, Senator?
SENATOR FARLEY: I vote yes.
ACTING PRESIDENT McGEE: Senator
Farley in the affirmative.
Results.
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. I was hoping that with unanimous
consent I could be recorded in the negative on
Calendar Number 1363.
ACTING PRESIDENT McGEE: Senator
Duane will be recorded in the negative on
4963
Calendar Number 1363.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: I also rise to
request unanimous consent to be recorded in
the negative on Calendar 1366, Senate Print
6893A.
ACTING PRESIDENT McGEE: Without
objection, Senator Hevesi will be recorded in
the negative.
SENATOR HEVESI: Thank you.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Yes, Madam
President. May we return to the order of
reports of standing committees. I understand
there's a report from the Judiciary Committee
at the desk. I ask that it be read.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations.
As a justice of the Supreme Court
4964
for the Second Judicial District, Anne G.
Feldman, of Brooklyn.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise to move the nomination of
Anne G. Feldman, of Brooklyn, as a justice of
the Supreme Court for the Second Judicial
District. Judge Feldman's nomination was
received from the Governor, her credentials
were examined by the staff of the committee,
she was found to be eminently satisfactory.
She appeared before the committee earlier this
afternoon, was unanimously moved from the
committee to the floor.
And I'm most happy to yield for
purposes of a second to Senator Connor.
ACTING PRESIDENT McGEE: Senator
Connor.
SENATOR CONNOR: Thank you, Madam
President.
I've been privileged to know Anne
Feldman for many years now. I think we first
met in 1971 or '72, in connection with a
4965
campaign, and when she was counsel to
Congressman Lowenstein.
Subsequently, she worked for the
Regional Planning Association, for the Public
Education Association, where I again had
contact with some of the work she was doing
then in terms of litigation. Prior to working
for Congressman Lowenstein, Anne had worked
for the NAACP and had practiced law. She is a
graduate of Yale Law School.
She was first elected to the Civil
Court of the City of New York in the year that
I was first elected to the Senate, in 1978.
Within three years, was designated an acting
Supreme Court justice. Served in that
position till her appointment in 1990 to the
Court of Claims, where she was again assigned
to Kings County Supreme Court.
Her reputation in the County of
Kings in the Supreme Court is frankly that she
has been one of the finest justices in that
court. She is noted for her knowledge of the
law, for her fairness to everyone in the
courtroom, and for being, frankly, a tough
judge when it's called for.
4966
And she is someone who I am
delighted both personally and also
professionally to second the confirmation of
Anne Feldman. She has been for over twenty
years, for some 22 years, a credit to the
bench. She will continue to be so in her new
capacity as a Supreme Court justice. And
actually nothing will change, because she's
been doing that for the last 19 years.
So, Madam President, I'm delighted
and honored to move the confirmation of Anne
G. Feldman, of Kings County, to the Supreme
Court, Kings County.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Anne
Feldman, of Brooklyn, as a justice of the
Supreme Court for the Second Judicial
District. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Anne G.
Feldman is hereby confirmed as a justice of
the Supreme Court for the Second Judicial
4967
District.
Joining us in the chamber today is
Judge Anne G. Feldman. And we congratulate
you. And on behalf of the Senate, we
congratulate you on your appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Monroe County Court, Elma A. Bellini, of
Webster.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise, once again, to move the
name of Elma A. Bellini, of Webster, as a
judge of the Monroe County Court. We received
the nomination from the Governor. Her
credentials were examined by the staff of the
committee. She was found to be eminently
satisfactory. She appeared in person earlier
today before the committee, was unanimously
moved from the committee to the floor.
And I'm most happy to yield for
4968
purposes of a second to Senator Nozzolio.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. Thank you, Senator Lack. I
especially want to thank the chairman of the
Judiciary Committee for his prompt attention
to this very important matter.
It's a pleasure to rise on behalf
of Elma A. Bellini, a constituent of mine, as
she is accepting and receiving the nomination
of judge of the Monroe County Court.
On behalf of the entire Monroe
delegation to the State Senate, we welcome
this very important appointment, one who is
extremely qualified -- and I daresay uniquely
qualified -- to serve in the capacity of
judge, one who had worked and labored
aggressively as a public defender, one who
clerked before with an eminent -- preeminent
judge of the Seventh Judicial District in his
capacity as administrative judge, now who's
serving on the Appellate Division, former
Senator L. Paul Kehoe.
But Ms. Bellini, in combining these
4969
two aspects of her legal career, as a public
defender and as a clerk to a very important
judge, has more than prepared herself for this
very important responsibility. That she is
extremely well-respected in the community,
that we in Monroe are extremely proud that she
has received this nomination from Governor
Pataki.
And I urge my colleagues to join in
the nomination and to support it.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Madam
President, I'll yield to Senator Alesi.
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: Thank you,
Senator Maziarz. And I look forward to your
comments and appreciate the comments of my
colleague who so eloquently described the
qualities of Elma Bellini.
And I would like to add my
congratulations to her, compliment the
Governor for an excellent choice, and wish you
4970
the very best.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
I want to add my second of this
nominee, thank Senator Lack for the fine job
of the Judiciary Committee, and really
congratulate Governor Pataki on a great choice
for Monroe County Court judge.
I've not known Elma a very long
time, but in the very brief period of the last
two years I've seen her work and interact with
a lot of people. Her background, certainly
working for former Senator Kehoe, and her work
in the public defender's office, more than
uniquely qualify her for this position.
And I proudly go on record as
seconding this nomination.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Elma A.
Bellini as a judge of the Monroe County Court.
All in favor signify by saying aye.
(Response of "Aye.")
4971
ACTING PRESIDENT McGEE: Opposed,
say nay.
(No response.)
ACTING PRESIDENT McGEE: Elma A.
Bellini is hereby confirmed as a judge of the
Monroe County Court.
Judge Bellini is in the chambers
today. And joining the judge is her husband,
Jim Stevenson; daughter, Danielle; stepson,
Kevin; and her father, Philip Bellini.
On behalf of the New York State
Senate, may I congratulate you on your
appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As a judge of the
Nassau County Court, Arthur M. Diamond, of New
Hyde Park.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
It's my privilege once again to
rise to move the nomination of Arthur M.
4972
Diamond, of New Hyde Park, as a judge of the
Nassau County Court. Judge Diamond appeared
before the committee earlier today, his
credentials have been examined by the members
of the committee, he was unanimously voted
from the committee to the floor.
And I'm happy to yield for purposes
of a second to Senator Fuschillo.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
It is an honor for me to rise and
second the nomination of somebody I have known
for a number of years. He is up in the
gallery with his family.
Judge Diamond had served previously
in the county court with distinction. And I
think, most notably, his temperament is one of
his greatest assets. And I'm confident that
he will once again bring that to the bench.
He has certainly earned the respect
of his fellow colleagues, and I want to
compliment the Governor on his nomination and
wish him all the best in his continued career
4973
on the bench.
Congratulations, Judge.
Thank you, Madam President.
ACTING PRESIDENT McGEE: The
question is on the confirmation of Arthur M.
Diamond, of New Hyde Park, as a judge of the
Nassau County Court. All in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Arthur
M. Diamond is hereby confirmed as a judge of
the Nassau County Court.
Judge Diamond is in the chambers
with us today, joined by his wife Jody.
On behalf of the New York State
Senate, I congratulate you on your
appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
SENATOR KUHL: Madam President.
ACTING PRESIDENT McGEE: Senator
4974
Kuhl.
SENATOR KUHL: I'd like to
announce that there will be an immediate Rules
Committee meeting in the Majority Conference
Room, Room 332.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: As a justice of
the Supreme Court for the Eighth Judicial
District, John P. Lane, of Williamsville.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I stand to move the nomination of
John P. Lane, of Williamsville, as a justice
of the Supreme Court for the Eighth Judicial
District. Judge Lane's nomination was
received from the Governor, his credentials
were found to be excellent, he appeared
personally before the committee earlier today,
he was unanimously moved from the committee to
the floor.
4975
And it is with great privilege that
I yield for purposes of a second to Senator
Rath.
ACTING PRESIDENT McGEE: Senator
Rath.
SENATOR RATH: Thank you, Senator
Lack. Madam President, honorable judges,
Judge Lane.
It gives me a great deal of
pleasure to second the nomination of John P.
Lane to be a Supreme Court judge in the Eighth
Judicial District. I had the opportunity when
Judge Lane was sworn in -- or I should say
approved by the Senate in 1996 as he was going
to the Court of Claims.
And there is no finer moment than
when you sit back and you stop to realize how
fortunate you are to have someone you know so
well serving in a place and a responsibility
that is so crucial to where we go forward as a
society.
Judge Lane is -- his qualifications
are beyond question, as Senator Lack said.
Admitted to the bar in 1993, served as an
assistant district attorney, a town attorney
4976
for years and years in the town of Amherst.
Judge Lane's experience, not only in the legal
world but also in the practical world of town
attorneyism, if there is such a word, it's
beyond question.
I'd like to point out also that
Judge Lane served as a trustee of the Buffalo
and Erie County Public Library because he
wanted to give something back to his
community.
And at one time I asked him to
serve please with Solomon-type wisdom on a
reapportionment commission, equally balanced,
bipartisan -- both the Democrats and the
Republicans chose our very best, Solomon-type
wisdom lawyers to head this project up. And
now Judge Lane, then Counselor, as I will
always call him, served with distinction at
that request for me.
And then, of course, teaching at
the law school at UB. I don't think any
better person that could be going on the
Supreme Court in the Eighth Judicial District.
I am delighted to second your
nomination. I look forward to seeing you
4977
serve through your term. Judge Lane,
congratulations to you and Jenny.
ACTING PRESIDENT McGEE: Senator
Volker.
SENATOR VOLKER: Madam President,
I have known John Lane for a long time -
probably 30, 35 years or longer. He was a
personal friend of my father's, has been a
pillar of the legal community in Erie County
and Western New York for as long as I can
remember. Made probably one of the best Court
of Claims judges that you could ask for, in
conjunction with Chris Mega, who was
previously confirmed.
I'm sorry, by the way, I wasn't
there at the Judiciary meeting. That was
because I was involved in some other duties
involved with the Senate.
But obviously I commend the
Governor for John's appointment. He deserves
to serve and to continue to serve, and he
wants to continue to serve.
Probably there are no better judges
than we're seeing today, and John Lane is
certainly at the top of the class. He's a
4978
fine gentleman, a good judge, and I know that
he'll make us all proud.
I'm happy to second his nomination.
ACTING PRESIDENT McGEE: The
question is on the confirmation of John P.
Lane, of Williamsville, as a justice of the
Supreme Court for the Eighth Judicial
District. All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: John P.
Lane is hereby confirmed as a justice of the
Supreme Court for the Eighth Judicial
District.
He is with us in the chamber today
with his wife, Jenny.
And on behalf of the State of New
York and the New York State Senate, I
congratulate you on your appointment.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
4979
Niagara County Court, Sara S. Sperrazza, of
Niagara Falls.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise, once again, to move the
nomination of Sara S. Sperrazza, of Niagara
Falls, as a judge of the Niagara County Court.
Her nomination was received from the Governor,
her credentials were examined by the staff of
the committee. They were found to be
excellent and in order. She appeared in
person before the committee earlier today, was
unanimously moved by the committee to the
floor.
And I'm most happy to yield for
purposes of a second to Senator Maziarz.
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
For the record, I want to note the
presence of my colleagues from the Assembly
who represent Niagara County, Assemblyman Dave
4980
Seaman and Assemblyman Rob Daly.
Madam President, Governor Pataki is
to be congratulated for a really good nominee.
I've known Sara Sheldon Sperrazza for many,
many years. I've seen her work as a
prosecutor in Niagara County, always, always
putting the victims of crimes at ease and
always really making sure that the victims
were well-represented and well-informed during
a very traumatic period of their life.
Sara comes highly recommended from
Niagara County Court Judge Peter Broderick,
whom she worked with during her years in the
district attorney's office.
She was recently elected a town
justice, a part-time town justice in the Town
of Wheatfield, and in that very brief period
that she has been there has shown what I think
is the necessary judicial temperament to
really prove that she is going to be an
excellent County Court judge for the County of
Niagara.
She is joined here today -- I know
it's very special for her to have both of her
parents here today, and her two children, who
4981
I know that she cares about very deeply. And
I know that we have several friends here
today, and one is her soon-to-be colleague on
the Family Court bench in the County of
Niagara, Judge John Batt, who went through
this same process not too long ago. And
several friends who are here.
So, Madam President, Sara Sperrazza
is going to make an excellent judge for the
County of Niagara. Governor Pataki is again
to be congratulated. And I wholeheartedly
second her nomination and urge my colleagues
to give her unanimous consent.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thanks,
Senator Maziarz.
The question is on the confirmation
of Sara Sperrazza, of Niagara Falls, as a
judge of the Niagara County Court. All in
favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Judge
4982
Sara Sperrazza is hereby confirmed as a judge
of the Niagara County Court.
(Applause.)
ACTING PRESIDENT McGEE: As
Senator Maziarz has stated, the judge is
accompanied by her children, Whitney and
Tyler; her parents, Florence and Nickolas
Sheldon; and friends Sue Ventresca, Michael
Kowal, Rocky Bruno, and the Honorable John
Batt.
On behalf of New York State and the
New York State Senate, we congratulate you on
your appointment. Thank you.
The Secretary will read.
THE SECRETARY: As a justice of
the Supreme Court for the First Judicial
District, Christopher J. Mega, of Brooklyn.
ACTING PRESIDENT McGEE: Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
It's with great pleasure that I
rise to move the nomination of our former
colleague Chris Mega as a justice of the
Supreme Court.
4983
For those of you who don't remember
him, he's sort of sitting up there in a pose
that he's not usually accustomed to.
I have the distinction of being the
last of the Republican Mohicans, as it were.
Chris and I both came into the Senate in the
class of 1979. There were ten Senators in
that class, four Democrats and six
Republicans. When Charlie Cook left, that
left me as the last bastion of that particular
class.
But Chris was not only always a
good colleague, but a good friend. This is
the second time that he's appearing before the
Senate, as it were, for a judicial
confirmation, and both times we've all only
wanted to wish him good luck and Godspeed -
the first, of course, was when Governor Cuomo
nominated him to the Court of Claims, which he
later became presiding judge of, and now as a
justice of the Supreme Court.
Chris and two of our other nominees
today, Judge Lane and Judge Feldman, prove
quite frankly that the constitutional
prohibitions for judges other than Supreme
4984
Court justices serving beyond the age of 70
has long outlived its usefulness. All three
of them appearing before the committee this
morning, and certainly by the type of work
they have done, as judges and otherwise, prove
that that is one constitutional provision that
should be changed and hopefully will be in
terms of reorganization of the courts.
But Chris was not only a close
colleague and close friend to all of us in the
Senate Majority, and to many of the members of
the Minority, but in many cases sitting in our
conference he also served as the conscience of
the conference. There were many times in
which issues would come up before the
conference in which, yes, members would
discuss it, but when Chris was involved in an
issue, he would passionately discuss it, and
you could tell how much he believed and was
part of the ongoing efforts in the Senate for
all sorts of programs, from criminal justice
to social reforms, that go way beyond his
district in Brooklyn.
Chris, I just want to personally
wish you congratulations and as many years as
4985
possible of serving on the Supreme Court, of
course with Madelyn by your side. I can't
think of anything that's nice enough for you
for all of us to do than, quite frankly,
confirm this nomination today.
And it's with great pleasure that I
yield for purposes of a second to the Senate
Majority Leader, Senator Bruno.
ACTING PRESIDENT McGEE: Senator
Bruno.
SENATOR BRUNO: Thank you, Madam
President. Thank you, Senator Lack.
And I am very proud to be seconding
the nomination for all of our good friend
Chris Mega. And on a personal note, we served
here with Chris for a lot of years.
And the Governor has forwarded, in
his wisdom and good judgment, a number of very
qualified people to serve in a judicial way in
various judgeships. Having forwarded Chris
really just personifies the Governor's
interest in doing what is best for the people
of this state and certainly in that district.
Because Chris, with his public
service here in public office, his service in
4986
the city, his service as the presiding judge
in the Court of Claims, with his wife Madelyn
by his side for so many years, being his
support, and with his family -- and I'm also
proud that I believe his daughter and
son-in-law and grandchild or children live in
my district, in Saratoga, which is just great.
Which means that Chris is in the area a great
deal.
And I'm always so happy to know
that and to see him, and really wanted to be
in the chamber and just wish him well as he
assumes this responsibility and these duties
which are just so important to that
constituency.
And really, by your example, you
provide the leadership for many of us who are
in public service as to what public service
really means.
So thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: Thank you,
Madam President.
I also rise to second the
4987
nomination of Chris Mega. I congratulate him;
I congratulate his wife, Madelyn.
Certainly I think the members of
this house probably do not know that Chris
Mega and I have been on the same side more
often than we have not, both -- in our years
as community leaders in Brooklyn, we have
fought the same battles, we have done the same
things for the good of our community. I've
known him as my state Senator; now he has come
to me as his state Senator.
So certainly we have done our
political battles too, we have engaged in our
political battles. And in those battles, as
I've said in committee today, he was a most
formidable opponent in those battles and
certainly someone that the community certainly
continues to respect and look up to.
So given the fact that he's such a
formidable opponent in those battles, I think
besides his wife and his family and the
nominee himself, I'm probably the happiest
person today to be voting and confirming this
nomination.
Thank you, Madam President.
4988
(Laughter.)
ACTING PRESIDENT McGEE: Thank
you.
The question is on the confirmation
of Christopher J. Mega, of Brooklyn, as a
justice of the Supreme Court for the First
Judicial District. All in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE:
Christopher J. Mega, of Brooklyn, is hereby
confirmed as a justice of the Supreme Court
for the First Judicial District.
Joining us today in the chamber is
Judge Mega, along with his charming wife,
Madelyn.
On behalf of the New York State
Senate, I congratulate you on your
appointment, Judge Mega.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Bruno.
4989
SENATOR BRUNO: Madam President,
I'd like to ask for a conference of the
Majority in Room 332 at about 1:25. The Rules
Committee is meeting now; they're about to
report, it's my understanding. And I think we
need a few minutes to set up the room.
But I would ask my colleagues to
join us there at 1:25, and we would expect to
resume the proceedings here hopefully in about
45 minutes. Thank you.
ACTING PRESIDENT McGEE: Thank
you, Senator Bruno.
There will be a Majority conference
in the Majority Conference Room at 1:25.
Senator Dollinger.
SENATOR DOLLINGER: Yes, Madam
President. I'd wish to call up Calendar
Number 833, Assembly Print 768.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
833, by Member of the Assembly Hooper Hill,
Assembly Print Number 768, an act to amend the
Criminal Procedure Law.
SENATOR DOLLINGER: I now move to
4990
reconsider the vote by which this Assembly
bill was substituted for my bill, Senate Print
Number 6652, on May 3rd.
ACTING PRESIDENT McGEE: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
SENATOR DOLLINGER: Madam
President, I now move that Assembly Bill
Number 768 be committed to the Committee on
Rules and that my Senate bill be restored to
the order of the Third Reading Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR DOLLINGER: And, Madam
President, I now offer the following
amendments.
ACTING PRESIDENT McGEE: The
amendments are received and adopted.
SENATOR DOLLINGER: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Dollinger.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
4991
President, may we return to the order of
reports of standing committees. I believe
there's a report of the Rules Committee at the
desk. I ask that it be read.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3798A, by Senator
Marcellino, an act authorizing the transfer;
5905, by Senator DeFrancisco, an
act to amend the Civil Practice Law and Rules;
6140B, by Senator Morahan, an act
to authorize the County of Rockland;
6174B, by Senator Saland, an act to
amend the Parks, Recreation and Historic
Preservation Law;
6212, by Senator Hoffman, an act to
amend the General Obligations Law;
6309, by Senator Lachman, an act
authorizing the City of New York;
6457, by Senator Larkin, an act to
amend the Alcoholic Beverage Control Law;
4992
6471, by Senator LaValle, an act to
amend Chapter 20 of the Laws of 1998;
6768, by Senator Maltese, an act to
amend the Retirement and Social Security Law;
6947, by Senator Volker, an act to
amend the Vehicle and Traffic Law and the
Transportation Law;
7045, by Senator Marchi, an act to
amend the Facilities Development Corporation
Act;
7230, by Senator Kruger, an act
authorizing the City of New York;
7334, by Senator LaValle, an act to
amend Chapter 615 of the Laws of 1999;
7466A, by Senator Velella, an act
to amend the Criminal Procedure Law;
7511B, by Senator Wright, an act to
amend the State Finance Law and the General
Business Law;
7602, by Senator Spano, an act to
amend the Local Finance Law;
7620A, by Senator McGee, an act to
amend the Real Property Tax Law;
7621A, by Senator McGee, an act to
amend the Real Property Tax Law;
4993
7623A, by Senator McGee, an act to
amend the Real Property Tax Law;
7644, by Senator Stafford, an act
to amend the General Municipal Law;
7684, by Senator Skelos, an act to
amend the Judiciary Law and the Criminal
Procedure Law;
7897A, by Senator Wright, an act to
amend the Real Property Tax Law and the
Education Law;
7917A, by Senator Volker, an act in
relation to creating;
7918A, by Senator Kuhl, an act to
amend the Education Law;
And 7943, by Senator Trunzo, an act
to amend the Public Authorities Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: Move to accept the
report of the Rules Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the report of Rules
Committee. All in favor signify by saying
4994
aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Kuhl.
SENATOR KUHL: Now may the Senate
stand at ease until the completion of our
Senate Majority Conference, which is in about
one minute in the Majority Conference Room.
ACTING PRESIDENT McGEE: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 1:25 p.m.)
(Whereupon, the Senate reconvened
at 2:55 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk? Do we
have substitutions to be made? If we could
make the substitutions at this time.
ACTING PRESIDENT McGEE: Okay.
4995
The Secretary will read the substitutions.
THE SECRETARY: On page 8,
Senator Spano moves to discharge, from the
Committee on Rules, Assembly Bill Number 9867A
and substitute it for the identical Senate
Bill Number 6433A, Calendar Number 290.
On page 9, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9554 and substitute it
for the identical Senate Bill Number 6555,
Third Reading Calendar 302.
On page 12, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 3713 and substitute it
for the identical Senate Bill Number 5463,
Third Reading Calendar 443.
On page 17, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9891A and substitute it
for the identical Senate Bill Number 6864A,
Third Reading Calendar 677.
On page 17, Senator Bonacic moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9532A and substitute it
for the identical Senate Bill Number 6540A,
4996
Third Reading Calendar 686.
On page 19, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1213D and substitute it
for the identical Senate Bill Number 1469D,
Third Reading Calendar 754.
On page 20, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11082 and substitute it
for the identical Senate Bill Number 7724,
Third Reading Calendar 764.
On page 22, Senator Goodman moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5417 and substitute it
for the identical Senate Bill Number 5697,
Third Reading Calendar 805.
On page 24, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5463A and substitute it
for the identical Senate Bill Number 4322A,
Third Reading Calendar 872.
On page 28, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9727A and substitute it
for the identical Senate Bill Number 6803A,
4997
Third Reading Calendar 956.
On page 30, Senator Balboni moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8861A and substitute it
for the identical Senate Bill Number 7700A,
Third Reading Calendar 1017.
On page 33, Senator Maltese moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9492 and substitute it
for the identical Senate Bill Number 6490,
Third Reading Calendar 1080.
On page 36, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8905 and substitute it
for the identical Senate Bill Number 7389,
Third Reading Calendar 1137.
On page 39, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9603 and substitute it
for the identical Senate Bill Number 6598,
Third Reading Calendar 1294.
And on page 44, Senator Larkin
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8513B and
substitute it for the identical Senate Bill
4998
Number 5705B, Third Reading Calendar 434.
ACTING PRESIDENT McGEE:
Substitutions so ordered.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Racing and Wagering
Committee in the Majority Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Racing and
Wagering Committee in the Majority Conference
Room.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Trunzo, on
page number 10 I offer the following
amendments to Calendar Number 375, Senate
Print Number 6724, and ask that said bill will
retain its place on the Third Reading
Calendar.
ACTING PRESIDENT McGEE:
Amendments received. The bill will retain its
place on the Third Reading Calendar.
SENATOR MARCELLINO: Thank you,
Madam President.
4999
ACTING PRESIDENT McGEE: Thank
you, Senator Marcellino.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: If we could take
up the supplemental active list, beginning
with Calendar Number 248.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
248, by Senator Nozzolio, Senate Print
6282E -
SENATOR SKELOS: Lay it aside
temporarily, at the request of the Minority.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
715, by Member of the Assembly Gottfried,
Assembly Print Number 3573A, an act to amend
the Public Health Law and the Insurance Law,
in relation to physical therapy services
referrals.
ACTING PRESIDENT McGEE: Read the
last section.
5000
THE SECRETARY: Section 10. This
act shall take effect in two years.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
849, by Senator Maltese, Senate Print 3941, an
act to amend the Correction Law, in relation
to authorizing the Commissioner of
Correctional Services.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
957, by Senator Velella, Senate Print 6891A,
5001
an act authorizing the City of New York to
reconvey its interest in certain real
property.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
997, by Senator Skelos, Senate Print 6800C, an
act to amend the Workers' Compensation Law, in
relation to the collection of contributions.
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.
5002
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1000, by Member of the Assembly Lentol,
Assembly Print Number 1578B, an act to amend
the Penal Law, in relation to trespass and
loitering.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1095, by Senator Skelos, Senate Print 7066C,
an act to amend the Public Health Law, in
relation to the sale of bidis.
ACTING PRESIDENT McGEE: Read the
last section.
5003
THE SECRETARY: Section 3. 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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1249, Senator Stafford moves
to discharge, from the Committee on Rules,
Assembly Bill Number 11009A and substitute it
for the identical Senate Bill Number 7841A,
Third Reading Calendar 1249.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1249, by the Assembly Committee on Rules,
Assembly Print Number 11009A, an act
legalizing and ratifying certain acts and
proceedings of the Salem Central School
District.
ACTING PRESIDENT McGEE: Read the
5004
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to Senate Supplemental Calendar
Number 56A.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1380, by Senator Marcellino, Senate Print
3798A, an act authorizing the transfer into
retirement plan for any police department
employee.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
5005
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1381, by Senator DeFrancisco, Senate Print
5905, an act to amend the Civil Practice Law
and Rules, in relation to the scope of
disclosure.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1382, by Senator Morahan, Senate Print 6140B,
an act to authorize the County of Rockland to
finance a -
5006
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1384, by Senator Hoffmann, Senate Print 6212,
an act to amend the General Obligations Law,
in relation to -
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1385, Senator Lachman moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9205 and substitute it
for the identical Senate Bill Number 6309,
Third Reading Calendar 1385.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1385, by Member of the Assembly Cohen,
Assembly Print Number 9205, an act authorizing
the City of New York to reconvey its interest.
5007
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take -
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1386, Senator Larkin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9345 and substitute it
for the identical Senate Bill Number 6457,
Third Reading Calendar 1386.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1386, by Member of the Assembly Gromack,
Assembly Bill Number 9345, an act to amend the
Alcoholic Beverage Control Law.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Will you
kindly call up Calendar Number 1385, please.
5008
It was inadvertently laid aside.
ACTING PRESIDENT McGEE: 1386 is
laid aside.
The Secretary will read.
THE SECRETARY: Calendar Number
1385, substituted earlier today by Member of
the Assembly Cohen, Assembly Print Number
9205, an act authorizing the City of New York
to reconvey its interest.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1387, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9482 and substitute it
for the identical Senate Bill Number 6471,
5009
Third Reading Calendar 1387.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1387, by Member of the Assembly Harenberg,
Assembly Print Number 9482, an act to amend
Chapter 20 of the Laws of 1998.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1388, Senator Maltese moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9724 and substitute it
for the identical Senate Bill Number 6768,
Third Reading Calendar 1388.
ACTING PRESIDENT McGEE:
5010
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1388, by Member of the Assembly Lentol,
Assembly Print Number 9724, an act to amend
the Retirement and Social Security Law,
Chapter 511 of the Laws of 1988 amending the
Retirement and Social Security Law.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1389, by Senator Volker, Senate Print 6947, an
act to amend the Vehicle and Traffic Law and
the Transportation Law, in relation to
authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
5011
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1390, by Senator Marchi, Senate Print 7045, an
act to amend the Facilities Development
Corporation Act, in relation to eliminating
approvals.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1391, Senator Kruger moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10307 and substitute it
for the identical Senate Bill Number 7230,
Third Reading Calendar 1391.
ACTING PRESIDENT McGEE:
Substitution ordered.
5012
The Secretary will read.
THE SECRETARY: Calendar Number
1391, by Member of the Assembly Seddio,
Assembly Print Number 10307, an act
authorizing the City of New York to reconvey
its interest in certain real property.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1392, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10800 and substitute it
for the identical Senate Bill Number 7334,
Third Reading Calendar 1392.
ACTING PRESIDENT McGEE:
Substitution ordered.
5013
The Secretary will read.
THE SECRETARY: Calendar Number
1392, by the Assembly Committee on Rules,
Assembly Print Number 10800, an act to amend
Chapter 615 of the Laws of 1999 amending the
Education Law.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1393, by Senator Velella, Senate Print 7466A,
an act to amend the Criminal Procedure Law, in
relation to the powers of certain special
patrolmen.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: Lay the
bill aside.
5014
THE SECRETARY: Calendar Number
1394, by Senator Wright, Senate Print 7511B,
an act to amend the State Finance Law and the
General Business Law, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect in 30 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1395, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9621 and substitute it
for the identical Senate Bill Number 7602,
Third Reading Calendar 1395.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
5015
1395, by Member of the Assembly Pretlow,
Assembly Print Number 9621, an act to amend
the Local Finance Law, in relation to bonds
and notes.
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
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1396, by Senator McGee, Senate Print 7620A, an
act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT McGEE: Call the
5016
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Wright recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1397, by Senator McGee, Senate Print 7621A, an
act to amend the Real Property Tax Law, in
relation to providing a tax exemption on real
property.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. 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, 59. Nays,
1. Senator Wright recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1398, by Senator McGee, Senate Print 7623A, an
5017
act to amend the Real Property Tax Law, in
relation to providing a tax exemption.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. 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, 59. Nays,
1. Senator Wright recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1399, by Senator Stafford, Senate Print 7644,
an act to amend the General Municipal Law, in
relation to taking of billboards.
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.)
5018
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1400, by Senator Skelos, Senate Print 7684, an
act to amend the Judiciary Law and the
Criminal Procedure Law, in relation to
providing.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1401, by Senator Wright, Senate Print 7897A,
an act to amend the Real Property Tax Law and
the Education Law, in relation to the taxable
status.
SENATOR COPPOLA: Lay it aside.
5019
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: In relation to
Calendar Number 1402, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11161A and substitute it
for the identical Senate Bill Number 7917A,
Third Reading Calendar 1402.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1402, by the Assembly Committee on Rules,
Assembly Print Number 11161A, an act in
relation to creating the tobacco asset
securitization trust fund act.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
The Secretary will 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.)
5020
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1403, by Senator Kuhl, Senate Print 7918A, an
act to amend the Education Law, in relation to
the use of certain federal carryover funds.
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1404, by Senator Trunzo, Senate Print 7943, an
act to amend the Public Authorities Law, in
relation to modifying the base amount table.
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, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
5021
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, may we have the reading of the
controversial calendar on the supplemental
active list, Calendar Number 248, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
248, by Senator Nozzolio, Senate Print 6282E,
an act to amend the Correction Law and the
Social Services Law, in relation to enacting
the New York State Youth Organization Child
Abuse Prevention Act.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR GENTILE: Explanation.
ACTING PRESIDENT McGEE: Senator
Nozzolio, an explanation has been requested.
SENATOR NOZZOLIO: Madam
President, who requested the explanation?
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR NOZZOLIO: Thank you,
Madam President. I'd be pleased to explain
the measure.
5022
This bill gives the Department of
Criminal Justice Services statutory authority
to place the sex offender registry, the
Megan's Law registry which has been supported
in this house, to place this registry on the
Internet. And it requires all organizations
who have participants under the age of 18
years old to check their volunteers against
this registry.
Of course, this is now a registry
that will be accessible to at no cost to
anyone, other than the ability to get onto the
Internet, because its availability is there.
This measure is one that requires those
volunteer organizations to cross-check their
own volunteer list.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: If the sponsor
would just yield for a question.
ACTING PRESIDENT McGEE: Senator
Nozzolio, will you yield?
SENATOR NOZZOLIO: I'd be happy
to yield, Madam President.
ACTING PRESIDENT McGEE: The
5023
Senator yields.
SENATOR GENTILE: Senator, I'm
just curious if this bill exonerates those
organizations that fail to live up to their
responsibilities.
SENATOR NOZZOLIO: Yes, Madam
President, this measure does have teeth. That
if there is a violation of the requirements
that the registry be checked, an application
may be made to the Attorney General's office
for an injunction and potential civil
penalties against those that fail to comply.
SENATOR GENTILE: If the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Madam
President, I'd be glad to yield.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR GENTILE: So there are
penalties, not an exoneration, for those
groups that fail to meet their
responsibilities?
SENATOR NOZZOLIO: There are
5024
penalties, Senator Gentile, for noncompliance,
yes. Civil penalties, not criminal penalties.
SENATOR GENTILE: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Montgomery.
THE SECRETARY: In relation to
Calendar Number 248, ayes, 58. Nays, 2.
Senators Duane and Montgomery recorded in the
negative.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, may we have the controversial
reading of Supplemental Calendar Number 56A,
please.
5025
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1382, by Senator Morahan, Senate Print 6140B,
an act to authorize the County of Rockland to
finance a certain project.
SENATOR GENTILE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Morahan, an explanation has been requested.
SENATOR MORAHAN: Thank you,
Madam President.
This bill has a home rule message
from Rockland County. It would authorize the
county to issue serial bonds for the purpose
of financing capital expenditures and
equipment for a Rockland County distance
learning project for the County of Rockland
schools.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5026
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1384, by Senator Hoffmann, Senate Print 6212,
an act to amend the General Obligations Law,
in relation to the liability of persons
involved in equine activities.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR GENTILE: Explanation.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT McGEE: Senator
Hoffmann, an explanation has been requested by
many people.
SENATOR HOFFMANN: Thank you,
Madam President.
This bill, which has passed the
Senate previously on several occasions,
addresses the need for an equine safety code
act.
And it also incorporates the
concept of inherent risk legislation for the
5027
equine industry, much the same way we have
incorporated inherent risk legislation for the
ski industry, the presumption being that
people who undertake an activity like
horseback riding or skiing understand that
there are certain risks.
And if they follow the prescribed
safety procedures outlined by the operators of
a facility -- in this case, the people who
operate riding stables or other aspects of the
horse industry -- exclusive of the racing and
wagering industry, I might add -- that they
undertake the risks at their own discretion.
At least 39 other states have
incorporated legislation to address the
inherent risks involved in equine activities.
And I'm happy to note that on the
average, more than 10 percent of the national
competitions involving the horse industry are
hosted by New York State each year. This is a
major part of our tourism and recreation
business, and it's appropriate for us to bring
into better balance the legal aspects with the
insurance aspects, because it right now is a
major cost of doing business for people in the
5028
equine industry to pay for ever-escalating
insurance.
We have been asked repeatedly by
people in the horse industry to do something
to help them. This house has responded
favorably. I'm confident it will do so again
today.
The opposition seems to be in the
other house, and the principal opponents of
the inherent risk legislation for the equine
industry are our old friends the Trial Lawyers
Association. I would like to note that they
have made a couple of comments in their bill
memo. If some of my colleagues are reading
from their memo, I'd like to just bring to
your attention.
At the bottom of page 1 in their
opposition memo, they have a statement that
begins with "Negligent behavior in the equine
industry, as in any other industry, can cause
serious injury or death, and people who are
harmed should not be deprived of their rights
under law."
And then they cite an example.
"For example, a rodeo contestant who pays an
5029
entry fee to compete could be seriously
injured or killed if," and then it lists two
situations, number one being "arena staff open
the chute door prematurely," or, two, "rodeo
management employs inadequate or incompetent
pickup riders or clowns."
And I would note that it's
interesting to see the trial lawyers being
concerned about the rodeo industry and the
pickup riders or clowns.
But having said that, I do want to
make clear that their objections are not
accurate. And if you would turn to the bill
itself, on page 3, line 20 -- actually, line
21 addresses very pointedly the objection of
the trial lawyers regarding the rodeo industry
and pickup riders and clowns.
And you can see that their argument
is not accurate, because -- I'm quoting from
the bill -- it says, on line 21, "Nothing in
Section 18-304 of this article shall prevent
or limit the liability of an equine activity
sponsor or an equine professional if the
equine activity sponsor or equine
professional," and then it lists several
5030
different categories which are clearly on
point to the concerns of the trial lawyers.
For instance: "Provided the equipment or tack
or knew or should have known that the
equipment or tack was faulty, and such
equipment or tack was faulty to the extent
that it did cause the injury.
"Two, provided the equine and
failed to make reasonable and prudent efforts
to determine the ability of the participant to
engage safely in the equine activity and
determine the ability of the participant to
safely manage the particular equine based on
the participant's representations of his
ability."
Now, this is clearly on point to
activities of pickup riders and rodeo clowns
and would certainly address the concerns
raised by the trial lawyers.
In all seriousness, my friends,
this is an industry of which we are enormously
proud in New York State. And I'm not talking
exclusively about rodeos, I'm talking about
the national equestrian competition that we
now host from end to end of this state. We
5031
have a statewide system of horse trails. We
have one of the finest systems of equestrian
riding in the Brookville Forest in Senator
McGee's district over in Cattaraugus County,
in the Catskills, in the Adirondacks, and it
is growing.
And the people who come to New York
State and want to enjoy our equine industry
should know that they can continue to do so,
that the industry will grow and thrive and
will not be subject to punitive and highly
discriminatory insurance rates.
We should do what 39 other states
have done and pass this very, very important
piece of inherent risk legislation today.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Gentile.
SENATOR GENTILE: Yes, Madam
President, if the sponsor would just yield for
a question.
ACTING PRESIDENT McGEE: Senator
Hoffmann, will you yield for a question?
SENATOR HOFFMANN: I'd be happy
5032
to.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR GENTILE: Senator, I'm
wondering what would happen in the case of a
stable owner who does not adequately supervise
his employees. What would happen under this
legislation?
SENATOR HOFFMANN: I think that's
clearly addressed within Section 18-303,
Senator.
SENATOR GENTILE: Could you
explain, for the edification of all of us,
what that might be?
SENATOR HOFFMANN: I just stated
before, it says that nothing -- in Section
18-304 -- shall prevent or limit the liability
provided, and then it lists. And one of the
points clearly stated in there is inadequate
supervision and not addressing fairly the
competency of the individual rider for the
animal or the activity involved.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: If the sponsor
5033
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Hoffmann, will you continue to yield?
SENATOR HOFFMANN: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR GENTILE: Senator, in
looking at the legislation it doesn't indicate
anywhere about training or supervising
employees. Given that, it seems that we're
reading more into this legislation than is
actually there.
SENATOR HOFFMANN: Through the
chair, Madam President. Actually, the
legislation does make it clear that the horse
owners and professionals are held responsible
for providing safe equipment and making a
reasonable match of horse and rider based on
the rider's stated ability. I think that that
clearly implies the element of training.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: If the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
5034
Hoffmann, do you continue to yield?
SENATOR HOFFMANN: I do.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR GENTILE: Is it true,
Senator, that the word "supervision of
employees" was not used in that section you
just read to us?
SENATOR HOFFMANN: Well, we can
go back and read the entire section and see if
there are pieces of language on which we
agree.
But I think it's clear wherever we
state in here that professionalism of the
equine industry is held to an extremely high
standard. And that we are looking for
responsible participation both by the riders
and by the people engaged in the equestrian
industry, and it is a pairing.
Now, these are clearly the points
of contention on which the trial lawyers have
based their memorandum, and they are looking
for anything to indicate that there is a
weakness within the industry.
I believe that 39 other states have
5035
found that the industry polices itself very
well. We have many, many other standards on
the horse industry in the state, including
those under ag and markets laws, we have
requirements under our other recreation
statutes in this state, all of which address
the responsibilities of people who own horses
and use them for any kind of business practice
or who own horses and use them for their own
practices.
We're very proud of our equestrian
activities in this state. And the
responsibilities that appear other places in
law are not necessary to be enumerated in any
more detail than they are in this extremely
long piece of legislation. This is, let's
see, 26 lines there, 55, 55 there, another 24
there. This is more than enough printing, in
my opinion, to guarantee adequate supervision
in the equine industry in New York State.
It's well spelled out there,
Senator. I'm sure -- if you read that very
carefully, I'm sure that it will reassure you
that, as it has me and many other members to
this chamber before, that the equine industry
5036
does have an inherent risk, but the safety of
the individuals ultimately is the
responsibility of those individuals in the
first place, given proper guidance by the
people who are engaged in the equine industry.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: On the bill.
ACTING PRESIDENT McGEE: Senator
Gentile, on the bill.
SENATOR GENTILE: It would seem
to me, Madam President, that we've used a lot
of words in this bill to basically come down
to the bottom line, whereby those who are
injured cannot lay claim to recourse in a
lawsuit.
And it would also seem evident to
me that under common law doctrines of
negligence that are well established in this
state that we already have a protection for
those owners of these types of businesses
whereby a rider's own negligence, which
contributes to a harmful accident and in no
way reflects on the business owner's
operation, would factor into any kind of
5037
subsequent lawsuit that would result from
that -- from any type of injury.
So it seems to me, Madam President,
that we have adequate safeguards already in
the law and much of this language here really
is geared toward prohibiting claims that may
very well be meritorious.
ACTING PRESIDENT McGEE: Thank
you, Senator Gentile.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you. Will
the sponsor yield for some questions?
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Yes, Madam
President, I'll yield.
ACTING PRESIDENT McGEE: The
Senator yields, Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President.
Senator Hoffmann, I very much
appreciate your preemptory strike against the
trial lawyers, and -
5038
SENATOR HOFFMANN: You're
welcome.
SENATOR HEVESI: And assuming you
are correct in your assertion that their
example would not preclude a lawsuit based on
negligence, I'm wondering -- because the
nature of this bill suggests that there is an
activity or a situation which exists today for
which somebody in the equestrian industry
would be legally responsible that after this
legislation has passed they are no longer
responsible for.
And I was wondering if you could
give an example or two of the type of
situation that an individual would no longer
be able to bring suit against someone in the
equestrian industry if this legislation is
enacted.
SENATOR HOFFMANN: No, I couldn't
right off the bat.
SENATOR HEVESI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Madam President,
5039
I voted for this bill last year, in favor of
it. I'm going to vote no against it this
year, and that answer is one of the reasons
why.
Because I believe that if you are
unable to articulate the type of situation
that the bill is specifically intending to
preclude, then it is probably more broad in
scope and probably as a result compromises
someone's right to file an action for which
negligence has obviously been present.
So I'm going to vote no on this
legislation. And I would advise my colleagues
to take a second look -- those of whom voted
for this last year, as I did, to take a second
look at this bill to make sure we don't
compromise anybody's right to recover damages
based on someone else's negligence.
I vote no.
ACTING PRESIDENT McGEE: Senator
DeFrancisco.
SENATOR DeFRANCISCO: The stated
purpose for the bill is to make it less
expensive for a business dealing with equine
activities to do business. And the way that
5040
this bill wants to do that is basically by
making insurance less expensive, therefore
reducing the amount of risks where an
insurance company would pay claims.
So just by the basic reason for the
bill, it's obvious that there are going to be
certain situations where someone otherwise
would be able to sue if there was negligence,
they won't be able to under these occasions.
To give a specific example of the
laundry list that Senator Hoffmann listed
where you can -- nothing in this section shall
prevent or limit the liability of equine
activity sponsors, et cetera, if the activity
or the sponsor commits an act of omission that
constitutes willful and wanton disregard for
the safety of the participant.
Well, if they're specifically
saying that you can sue when it's willful and
wanton disregard, they obviously are excluding
negligent conduct. So if they're negligent,
somebody gets hurt, that's one of the ways the
insurance company is going to be able to give
a cheaper policy. You don't have to prove
negligence anymore.
5041
My feeling, quite frankly, is -- I
have no ill-feeling against equine activities
or any other kind of activities, but there is
a standard way that we do business in the
State of New York in dealing with claims where
people get hurt. There is literally no reason
to exclude equine activities from the common
concepts of negligence.
And therefore, I'm going to vote
again against this bill.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1384 are
Senators Breslin, Connor, DeFrancisco,
Dollinger, Duane, Gentile, Hevesi, Kruger,
Markowitz, Montgomery, Morahan, Onorato,
Paterson, Rosado, Sampson, Schneiderman, A.
Smith, M. Smith, Stachowski, and Senator
Stavisky. Ayes, 41. Nays, 20.
5042
ACTING PRESIDENT McGEE: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May I have
unanimous consent to vote in the negative on a
bill that was passed earlier today, Calendar
248, Senate Bill Number 6282E.
ACTING PRESIDENT McGEE: Without
objection, so recorded.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. I'd like to ask for unanimous
consent to vote in the negative on Calendar
Number 1000.
ACTING PRESIDENT McGEE: Without
objection, so noted.
The Secretary will read.
THE SECRETARY: Calendar Number
1386, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
9345 -
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
5043
THE SECRETARY: Calendar Number
1390, by Senator Marchi, Senate Print 7045, an
act to amend the Facilities Development
Corporation Act, in relation to eliminating
approvals.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT McGEE: An
explanation has been -
SENATOR MARCHI: By whom?
ACTING PRESIDENT McGEE: Senator
Marchi, an explanation has been requested by
Senator Hevesi.
SENATOR MARCHI: Yes, Madam
President.
Last year the mental health
financing program was changed to eliminate
loans from the State Treasury as the instant
source of money to fund contracts by the
Dormitory Authority for facilities OMH, OMRDD,
and OASSAS. Instead, such contracts are now
funded directly from the proceeds of the
Authority's mental health services facilities
improvement revenue bonds.
5044
That's the present administration
of the construction program of the City
University, the State University of New York
dormitories, Department of Health, Department
of Education, and the Office of State
Comptroller.
Since the funds from the State
Treasury are no longer utilized, the
Comptroller's own review funding contracts are
have no relevance. Therefore, the FDC act
requirements approving the contract form
should be eliminated. No state funds or
interest is affected by the authority.
None of the other construction
programs undertaken by the Dormitory Authority
for state agencies using bond proceeds have
such a requirement. So elimination of the
approval of the form does not affect any of
the Comptroller's rights to audit the
Dormitory Authority.
And likewise, since the Comptroller
no longer makes contract payments, there is no
need to prescribe certification to be included
in the request to the Comptroller for contract
payments.
5045
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Madam President,
if the sponsor would yield for one brief
question.
ACTING PRESIDENT McGEE: Senator
Marchi, do you yield?
SENATOR MARCHI: Yes.
ACTING PRESIDENT McGEE: The
sponsor yields.
SENATOR HEVESI: Thank you for
that explanation, Senator. I understand what
the legislation does.
I'm just curious as to whether or
not the Attorney General and/or the State
Comptroller have been asked whether or not
they agree that this is an idea that is in
their best interest.
SENATOR MARCHI: My belief is
that they have, but I -
SENATOR HEVESI: And that they
have no objections?
SENATOR MARCHI: -- I don't want
to say flatly, no.
SENATOR HEVESI: They have no
5046
objections?
SENATOR MARCHI: But this merely
reflects the changing nature of the issuance
of payments. And since it's replicated in
these other activities, I think that it just
follows.
SENATOR HEVESI: Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Paterson.
SENATOR PATERSON: Madam
President, if we could suspend the roll call
and allow me to ask Senator Marchi a couple of
questions.
ACTING PRESIDENT McGEE: Senator
Marchi, do you yield for some questions?
SENATOR MARCHI: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, did
the element of time that the Comptroller's
office and the Attorney General's office were
using to review these contracts enter into the
situation?
5047
Did that impede the progress of
business and opportunity by the fact -- I
guess I'm looking for what was the reason,
other than the replication, to cut two
statewide elected officials out of the
process.
SENATOR MARCHI: Well, except
that they were -- the question of where the
money was issued was changed to the
Authority's mental health services facilities
improvement revenue bonds. And since all of
the other activities that are in that category
follow this format, there's no other reason.
SENATOR PATERSON: Thank you,
Senator Marchi.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Paterson, on the bill.
SENATOR PATERSON: Madam
President, I'm inclined to vote against the
legislation because, in spite of the
replication of effort, if we were going to
eliminate the effort, I would eliminate it
from the other agencies, not from the Attorney
General's office and the Comptroller's office.
5048
However, on information and belief
based on the results of the question to
Senator Marchi posed by Senator Hevesi, I'll
vote for the legislation, with the
understanding that it appears that the
Attorney General, Mr. Spitzer, and the
Comptroller, Mr. McCall, are in agreement with
the decision to eliminate their participation
in the contracting process.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT BALBONI:
Senator Hevesi, to explain his vote.
SENATOR HEVESI: Thank you.
Mr. President, with the greatest of
respect to Senator Marchi, who believes that
the Comptroller and the Attorney General are
supportive of this legislation, just to be on
the safe side, I'm going to vote no on this
until I've had a chance to speak with them.
5049
I don't want to risk that I
supported something that removed some of their
statutory responsibility to audit funds and to
continue their diligence and fiscal oversight.
There is one other issue I would
like to bring up, since this legislation
relates to the Dormitory Authority. Early on
this year there was a terrible, terrible
tragedy in New Jersey, at Seton Hall, where a
number of students were killed, partly as a
consequence of that state's lack of fire
safety advances and enhancements.
And it brought to light the
problems that we have here in New York State,
where there are many, many residential
facilities on SUNY campuses -- and there is
even one on a CUNY campus -- and other
independent and private universities that have
residential facilities, dormitories that are
not fully fire safety equipped with
sprinklers.
And as everyone knows, and I've
spoken about this on the Senate floor before,
there has never, in the history of this
country, been a multiple fire fatality in any
5050
structure that is fully equipped with a
sprinkler system.
And we had some discussions, I've
had some correspondence with the head of SUNY
about this. And I'm a little bit concerned
because we are at the end of the session,
there are two days left, and there some
discussions -- I've spoken with Senator
LaValle about this, and I believe he has
legislation which would require the Dormitory
Authority to examine this issue, require a
study, and possibly provide funding for at
least SUNY facilities to be fully
sprinkler-equipped. That seems to have gone
nowhere.
And I'm very concerned that we're
going to see a tragedy here at some point in
the near future that could have been easily
remedied, though it costs a lot of cash to do
it. It's an expensive proposition, but this
is something that we absolutely have to move
in the direction of.
New Jersey moved very swiftly, in
the wake of their tragedy, to make sure that
all of their facilities would be brought up to
5051
speed. We need to do that exact same thing
here in New York State. We've got two days
left in this session. I hope that that
legislation is brought before us for a vote.
We cannot wait on this, we cannot
compromise on this one bit. Somebody is going
to die as a result. It's not speculation,
that's a fact, if we don't bring all these
buildings up to code, to bring them up to -
not up to code, but up to acceptable standards
for new structures at SUNY.
Because there was a cutoff date,
and that's why any facilities that were built
prior to a certain date were never required to
be brought up to the current code of building
these facilities. We have an area right now
where there are no protections for these
students.
And frankly, I don't think the
parents who are sending their kids to SUNY
facilities realize this. And we need to make
them realize this, and we need to correct this
before somebody is terribly injured or killed.
So I hope that that message
resonates loudly with some folks on the other
5052
side of the aisle and that we move in that
direction.
I'm going to vote no on this piece
of legislation, though if the Attorney General
and Comptroller acquiesce to it, I will have
voted incorrectly on the bill. But I'd rather
err on the side of caution.
Thank you. I vote no.
ACTING PRESIDENT BALBONI:
Senator Hevesi, you shall be recorded in the
negative.
Senator Dollinger, to explain his
vote.
SENATOR DOLLINGER: Mr.
President, just to explain my vote, to
dovetail on the point that Senator Hevesi
made.
From my point of view, whether the
Attorney General and the Comptroller think
this is the right idea or not, I think it's a
bad idea. And let me tell you why.
The one thing that we ought to
have, since the Attorney General defends
everyone in this state, is that we ought to
have a standardized agreement that the
5053
Attorney General, our lawyer, the Dormitory
Authority's lawyer, and the lawyer for all our
state agencies and all our state governments,
we should have a contract that is acceptable
in form and content to them, because they're
going to litigate under that contract.
They ought to know what all the
terms mean, and they ought to be confident
that whether they're using the Dormitory
contract or UDC contract or in any other
agency, that they know what those clauses mean
and that they have a standard of uniform
interpretation.
That would only help us protect the
taxpayers' interest, to have our lawyer have
approval of the form of all these agreements.
And it would seem to me to be
equally true with respect to the Comptroller.
He's got a system of finances. He knows how
the payments are made. Whether we're making
payments through the Dormitory Authority or
through the Thruway Authority or through OGS,
they all ought to be according to the same
accounting practices and the same financial
principles.
5054
I think it makes great sense that
the Comptroller approve these agreements, the
Attorney General approve them. And frankly,
even though I have great respect for both our
Comptroller and the Attorney General, I would
suggest that if they support this bill,
they're wrong.
The thing to do is standardize
practice, make it easier for our contractors,
easier for us to defend the State of New York.
That's the best way to do it. And the way to
do that is to have the Attorney General
approve the form of contracts so he's familiar
with them all, have the Comptroller approve
the finances of them so he's familiar with
them all. It will promote better practice in
this state.
The right vote is no.
ACTING PRESIDENT BALBONI:
Senator Dollinger shall be recorded in the
negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1390 are
Senators Dollinger, Duane, Gentile, Hevesi,
5055
Montgomery, Onorato, Schneiderman, and
Stavisky. Also Senator Coppola. Also Senator
Rosado. Ayes, 51. Nays, 10.
ACTING PRESIDENT BALBONI: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1390, Senator Stachowski also
recorded in the negative. Ayes, 50. Nays,
11.
ACTING PRESIDENT BALBONI: Now
the bill is passed.
Senator Coppola.
SENATOR COPPOLA: I just want to
be recorded, Mr. President, in regards to 1384
in the negative, please.
ACTING PRESIDENT BALBONI:
Senator, you're asking for unanimous consent
to be recorded in the negative?
SENATOR COPPOLA: Unanimous
consent, please.
ACTING PRESIDENT BALBONI:
Without objection.
Senator Lachman.
SENATOR LACHMAN: Mr. President,
I rise to seek unanimous consent to be
5056
recorded in the negative on Calendar Number
1384. Thank you kindly.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President. I would also request unanimous
consent to be recorded in the negative on
Calendar Number 1332.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
Senator Montgomery.
SENATOR MONTGOMERY: Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 1340.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
1393, by Senator Velella, Senate Print 7466A,
an act to amend the Criminal Procedure Law, in
relation to the powers of certain special
patrolmen in the City of New York.
5057
SENATOR HEVESI: Explanation,
please.
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT BALBONI: Lay
the bill aside temporarily, please.
THE SECRETARY: Calendar Number
1401, by Senator Wright -
SENATOR FUSCHILLO: Lay it aside
temporarily.
ACTING PRESIDENT BALBONI:
Senator Montgomery, why do you rise?
SENATOR MONTGOMERY: Mr.
President, I have the wrong number that I gave
you for my no vote. Can I retract that?
ACTING PRESIDENT BALBONI: Yes,
you may, Senator.
SENATOR MONTGOMERY: All right.
I'm voting yes on 1340 and no on 1363.
ACTING PRESIDENT BALBONI:
Without objection, Senator Montgomery will be
marked as having voted no on that bill. Thank
you, Senator.
Let the record reflect that
Calendar 1401 has been laid aside temporarily.
5058
The Secretary will read.
THE SECRETARY: Calendar Number
1403, by Senator Kuhl, Senate Print 7918A, an
act to amend the Education Law, in relation to
certain federal carryover funds.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT BALBONI:
Senator Kuhl, an explanation has been
requested.
SENATOR KUHL: Thanks, Mr.
President. I didn't hear who requested the
explanation.
ACTING PRESIDENT BALBONI:
Senator Hevesi, Senator Kuhl.
SENATOR KUHL: Okay, fine. Just
so I know.
This is essentially a chapter
amendment to a bill that we had passed earlier
this year.
ACTING PRESIDENT BALBONI: Ladies
and gentlemen, please give your courtesy to
the speakers.
Thank you, Senator Kuhl.
SENATOR KUHL: Earlier this year,
Chapter 6, we passed a bill that essentially
5059
dealt with the state receiving funds relative
to the -- what's called the Individuals with
Disabilities Education Act, IDEA.
We neglected at that time to
provide for funds that had been received by
the state in the year 1998-1999 and also the
year 1999-2000 and projecting into the future.
So this bill sets out a process by
which those funds are received and carried
over, if in fact they were not expended during
those prior years.
And it also provides for one other
particular aspect, and that is where
applications weren't actually made, it
provides for the money to go on a direct
passthrough to the providers.
So that's the essence of what this
bill does.
ACTING PRESIDENT BALBONI: Thank
you, Senator Kuhl.
Senator Hevesi.
SENATOR HEVESI: Mr. President,
would the sponsor yield for a question?
ACTING PRESIDENT BALBONI:
Senator Kuhl, do you yield for a question?
5060
SENATOR KUHL: Certainly.
ACTING PRESIDENT BALBONI: The
Senator yields.
SENATOR HEVESI: Senator, thank
you for the explanation. I appreciate that.
I have a concern as to the specific
language of the bill, that it potentially may
penalize a local district in a punitive type
of way if they have failed to request the
money in the first place, that the funds then
would have to come out of that local district.
Can you address that concern?
SENATOR KUHL: Well, I think
the -- if you had a specific situation,
certainly I'd be willing to do that.
But if you look at page 2 of the
bill, or at least the bill copy that I have,
it talks about failure to apply. And the
language specifically says that any school
district that fails to apply for its full
allocation of funds, pursuant to the
appropriation sections, okay, and it will
allow for the school district to actually -
let's see. It says the commissioner shall
nevertheless be required to make
5061
suballocations to public or private agencies
pursuant to the section.
So I don't know what you're
referring to about the school district being
penalized. Because what it does is provide if
they fail to make the application, then the
money goes right straight through to the
providers who actually provide the service.
SENATOR HEVESI: Thank you, Mr.
President. If the sponsor would yield to one
additional question.
ACTING PRESIDENT BALBONI:
Senator, do you continue to yield?
SENATOR KUHL: Surely.
ACTING PRESIDENT BALBONI: The
Senator yields.
SENATOR HEVESI: Thank you. If I
can refer your attention to Section 7, there's
specific reference to the use of local funds:
That the Commissioner shall nevertheless be
required to make suballocations to public or
private agencies, pursuant to this section,
using local funds.
That's the section I'm referring
to, and I'm concerned about the impact that
5062
that might have.
SENATOR KUHL: The intent,
Senator, is to make sure that the providers
get paid, in the first step. But this does
not preclude the school district from making
an application in which they would be
reimbursed at that point if it was necessary
for them to front the money.
SENATOR HEVESI: Okay. Thank
you, Mr. President. Thank you.
ACTING PRESIDENT BALBONI: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Seabrook, why do you rise?
SENATOR SEABROOK: Yes, Mr.
President. With unanimous consent, and being
absent out of the chamber, I'd like to be
recorded in the negative on Calendar 1384 and
5063
Calendar 1390.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
Senator Fuschillo, why do you rise?
Whoops, excuse me just a second.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I also
would like to be recorded in the negative,
with unanimous consent, on Calendar 1384 and
1390. Thank you.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
Senator Smith.
SENATOR MALCOLM SMITH: With
unanimous consent, I request to be recorded in
the negative on 1384 and 1390 also.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
SENATOR FUSCHILLO: Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Fuschillo, why do you rise?
SENATOR FUSCHILLO: Please lay
aside for the day Calendar Number 1401.
ACTING PRESIDENT BALBONI:
5064
Calendar Number 1401 is laid aside for the
day.
SENATOR FUSCHILLO: Mr.
President, please call up Calendar Number
1386.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Calendar Number
1386, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
9345, an act to amend the Alcoholic Beverage
Control Law, in relation to licenses to
manufacture and sell.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT BALBONI:
Senator Larkin, an explanation has been asked
for by Senator Paterson.
SENATOR LARKIN: Good afternoon,
Senator.
Mr. President, back in 1996 when
the restaurant brewer statute was passed,
there was an admitted technical oversight by
the State Liquor Authority. It was not the
intention of the State Liquor Authority to
prohibit a restaurant owner from also owning a
5065
brew pub. The chairman at that time, Casale,
related to both the central staff it was not
the intention.
However, there was some
discrepancies about it. But it was found out
that there was a technicality needed to
correct it.
So now what we're doing is removing
the restrictions from persons licensed to
operate as a restaurant brewer from having a
direct or indirect interest in other premises
in the state where alcoholic beverages are
sold.
ACTING PRESIDENT BALBONI:
Senator Paterson, is that satisfactory?
SENATOR PATERSON: Yeah, I guess
so, Mr. President.
ACTING PRESIDENT BALBONI:
Terrific. Thank you.
Senator Markowitz.
SENATOR MARKOWITZ: I'd like
unanimous consent, please -
ACTING PRESIDENT BALBONI:
Senator, could you just give us one minute.
Let's conclude the business on this bill, if
5066
we might.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Markowitz.
SENATOR MARKOWITZ: Thank you.
On Calendar Number 1390, I'd like to be
recorded in the negative.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
SENATOR FUSCHILLO: Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Fuschillo, why do you rise?
SENATOR FUSCHILLO: Would you
recognize Senator Mendez, please.
ACTING PRESIDENT BALBONI: Oh,
Senator Mendez. Nice to see you.
SENATOR MENDEZ: Thank you. I
5067
would like unanimous consent to be recorded in
the negative on Calendar Number 1390. Thank
you.
ACTING PRESIDENT BALBONI:
Without objection, Senator, so ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Are there any
substitutions at the desk?
ACTING PRESIDENT BALBONI: Yes,
apparently there are.
SENATOR FUSCHILLO: May we please
have them read.
ACTING PRESIDENT BALBONI: Please
read the substitutions.
THE SECRETARY: On page 15,
Senator Spano moves to discharge, from the
Committee on Rules, Assembly Bill Number 8665
and substitute it for the identical Senate
Bill Number 5985, Third Reading Calendar 622.
On page 19, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9597B and substitute it
for the identical Senate Bill Number 6680B,
Third Reading Calendar 746.
And on page 19, Senator Goodman
5068
moves to discharge, from the Committee on
Rules, Assembly Bill Number 811A and
substitute it for the identical Senate Bill
Number 782A, Third Reading Calendar 731.
ACTING PRESIDENT BALBONI:
Without objection, the substitutions are
ordered.
Senator Duane.
SENATOR DUANE: I'd like to have
unanimous consent to vote in the negative on
1386, please.
ACTING PRESIDENT BALBONI:
Without objection, so ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, can the Senate stand at ease for a
few minutes.
ACTING PRESIDENT BALBONI: Great
idea. Sure.
(Whereupon, the Senate stood at
ease at 4:10 p.m.)
(Whereupon, the Senate reconvened
at 4:15 p.m.)
ACTING PRESIDENT BALBONI:
Senator Fuschillo, why do you rise?
5069
SENATOR FUSCHILLO: Mr.
President, if we could have some order in the
chamber.
ACTING PRESIDENT BALBONI: The
Senate will come to order.
SENATOR FUSCHILLO: Please call
up Calendar Number 1393, by Senator Velella,
please.
ACTING PRESIDENT BALBONI: The
Secretary will read.
SENATOR FUSCHILLO: Mr.
President, before Senator Velella speaks, can
I just ask for some order in the chamber once
again.
ACTING PRESIDENT BALBONI: The
Senate is back in session. Please give your
attention to Senator Velella.
The Secretary will read.
THE SECRETARY: Calendar Number
1393, by Senator Velella, Senate Print 7466A,
an act to amend the Criminal Procedure Law, in
relation to the powers of certain special
patrolmen in the City of New York.
SENATOR HEVESI: Explanation,
please.
5070
ACTING PRESIDENT BALBONI:
Senator Velella, an explanation has been asked
for by Senator Hevesi.
SENATOR VELELLA: Yes, Senator
Hevesi. This bill -- currently, under the -
New York City special patrolmen have powers as
set forth in Section 2.20 of the Criminal
Procedure Law only when acting pursuant to
their special duties.
However, there is an exemption
which exists for categories of special
patrolmen such as campus police, campus public
safety officers, school safety officers,
parking control specialists, taxi and
limousine inspectors, urban park rangers, and
evidence and property control specialists.
This legislation will allow traffic
enforcement agents to also have those same
powers, whether or not they are acting
pursuant to their special duties.
ACTING PRESIDENT BALBONI:
Senator Hevesi, why do you rise?
SENATOR HEVESI: Mr. President,
will the sponsor yield to a question?
ACTING PRESIDENT BALBONI:
5071
Senator Velella, do you yield to a question?
SENATOR VELELLA: Yes.
ACTING PRESIDENT BALBONI: The
Senator yields.
SENATOR HEVESI: Thank you.
Senator, thank you for the
explanation. I read the bill. I must
confess, before seeing this memo I was not
familiar with the term "New York City special
patrolmen."
So before I cast my vote on this
particular bill, could you tell me what are
the powers and duties of a New York City
special patrolman that we are now going to
extend to traffic agent, level 3 and 4?
SENATOR VELELLA: If you're
concerned this would allow them to possess
weapons when off duty, the answer is no, which
was my main concern when I first had. It was
not that they will be special peace officers
that can walk around the city of New York with
guns and have any kind of special provision
therefor.
If you look at the bill on the
front page, lines 4 through 8 talk about the
5072
fact that nothing in the law would allow them
to carry or possess a licensed weapon unless
they are licensed by the New York City Police
Department, pursuant to a regular carry permit
that would be applicable for anyone else.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
SENATOR VELELLA: They don't
carry guns now, whether on or off duty.
And the reason that this was
suggested to us was that some of those
officers have been the victim of retribution
at their homes, at their private residences,
when they're off duty.
And the fact that they would have
this special patrolmen designation -- which
doesn't confer a great deal of power on them.
But the fact that they would have that
designation gives them some level of
confidence, as it does with the campus police
and all the others listed in here. They would
just be on a par with them and have whatever
powers it is that they have.
SENATOR HEVESI: Mr. President,
if the sponsor would continue to yield.
5073
ACTING PRESIDENT BALBONI:
Senator Velella, do you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT BALBONI: The
Senator yields.
SENATOR HEVESI: Can you give us
an idea, Senator Velella, of what those powers
are? Can they arrest people, can they serve
warrants? I'm just -- I'm very unfamiliar
with this.
SENATOR VELELLA: No, they don't
have powers to conduct arrests, other than
what a citizen's arrest might be if the felony
is being committed in your presence. They
would have to detain someone until a peace
officer or a law enforcement officer arrived
on the scene to actually execute an arrest.
So they don't have that power.
It's a designation under the law
which would allow them to call themselves
special officer, with no special superpowers.
However, it gives a level of professionalism
to them, and a sense of confidence, so that
when they are on campus, or as a traffic
enforcement officer, they would have some
5074
degree of being a special officer and able to
tell the general public that they are a
special officer, they wear a uniform, they
have a badge -- not a police badge, but a
special officer badge, and it gives them a
degree of respect in the general community.
SENATOR HEVESI: Just one final
question, Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT BALBONI:
Senator Velella, do you continue to yield?
SENATOR VELELLA: Yes.
SENATOR HEVESI: Are they
currently classified as peace officers,
traffic agents level 3 and 4?
SENATOR VELELLA: Only while
they're performing their duties. This would
allow them to carry that designation to their
home, where reports are that many of them have
had incidents at their home as a result of
their public work.
SENATOR HEVESI: Okay. Thank
you.
Mr. President, on the bill.
ACTING PRESIDENT BALBONI:
5075
Senator Hevesi, on the bill.
SENATOR HEVESI: Briefly.
I wish we were voting on and having
a more full discussion about this entire
topic, since there is a very extensive list of
individuals who are already entitled to New
York City special patrolmen status, including
taxi and limousine inspectors and urban park
rangers.
And so we may -- I would have liked
to have visited this issue on a more global
basis. But this is the law as it already
exists. And since traffic enforcement agents
in New York City are overseen by the New York
City Police Department, I don't believe it
would be inconsistent to bestow upon them some
additional privileges that are already
bestowed on people who I believe don't have
that type of supervision.
So I'm going to vote yes on this,
and I'll take Senator Velella's expertise in
this area at face value. But again, if we're
going to visit this issue at some point, I
think maybe a more global reexamination is in
order.
5076
I vote yes.
ACTING PRESIDENT BALBONI: Thank
you, Senator Hevesi.
Please read the last section.
Senator Paterson, why do you rise?
SENATOR PATERSON: Madam
President, if the sponsor would yield for a
question.
ACTING PRESIDENT BALBONI: Madam
President?
Senator Velella, would you please
yield to Senator Dollinger?
SENATOR VELELLA: Yes.
(Laughter.)
SENATOR PATERSON: That's it, I'm
burned out. I've got to leave.
Mr. President.
SENATOR VELELLA: If you're too
tired to do this, we could put it aside for
another time.
SENATOR PATERSON: My question
relates to how many incidents have there been
that would necessitate the use of firearms,
even in protection. My information was that
85 percent of the incidents came from patients
5077
in the hospitals, and that in a very few cases
where there -
SENATOR VELELLA: Senator, I
believe you might be on the wrong bill.
SENATOR PATERSON: Well, that
would be consistent.
(Laughter.)
SENATOR VELELLA: Let me just -
this bill is for parking enforcement officers,
and it would extend to them the same status
that they have while on duty while they are
off duty, as a result of the fact that many of
them have experienced difficulties in their
private lives, when they're home, when they're
traveling to and from work, people have
identified them, followed them, et cetera.
And they would like to have that
same peace officer status or status as a
special officer while off duty as they do on.
It does not allow them to carry
weapons to and from work or off duty. It's
not the hospital workers bill. That's the one
that's coming, I think.
ACTING PRESIDENT BALBONI:
Senator Paterson.
5078
SENATOR PATERSON: Actually, I
was still interested in whether or not there
had been any incidents that had -- in other
words, this is perhaps a fear that they have.
But have there been any situations where they
have been attacked and that this was a
catalyst for a lot of the rest of the peace
officers feeling that they needed this
protection?
SENATOR VELELLA: In speaking to
the representatives of the traffic enforcement
officers, they have indicated to us that,
thank God, there have been no fatalities.
However, there have been numerous
physical confrontations, destruction of
property, cars being damaged, people having
had problems. No shootings or extremely
violent confrontations. However, there have
been a number of smaller incidents.
And with the thought that an ounce
of prevention is worth a pound of cure, before
one of these incidents escalates to a serious
crime, we thought that if they're asking for
this designation to help them protect
themselves, that this might be the smart thing
5079
to do.
SENATOR PATERSON: All right,
Senator Velella, I'm convinced. Just if you
would yield for one further question.
SENATOR VELELLA: Do I have to?
SENATOR PATERSON: Please.
ACTING PRESIDENT BALBONI:
Senator Velella, do you yield to one more
question?
SENATOR VELELLA: Okay.
SENATOR PATERSON: When is the
hospital workers bill coming up?
(Laughter.)
SENATOR VELELLA: As soon as you
can convince the Majority -- or the Minority
members to support it in committee.
SENATOR PATERSON: Thank you.
SENATOR VELELLA: You're welcome.
ACTING PRESIDENT BALBONI: Read
the last section, please.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
5080
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT BALBONI: The
bill is passed.
Senator Fuschillo, why do you rise?
SENATOR FUSCHILLO: Mr.
President, there will be a meeting of the
Rules Committee at 4:45 in the Majority
Conference Room.
And the Senate will stand at ease.
ACTING PRESIDENT BALBONI: There
will be a meeting at 4:45 of the Senate Rules
Committee, in the Majority Conference Room.
The Senate now stands at ease.
(Whereupon, the Senate stood at
ease at 4:26 p.m.)
(Whereupon, the Senate reconvened
at 4:30 p.m.)
ACTING PRESIDENT BALBONI:
Senator Fuschillo, why do you rise?
SENATOR FUSCHILLO: Mr.
President, can we come back to order. And
please call on the active list Calendar 1005,
by Senator Skelos.
ACTING PRESIDENT BALBONI: The
Secretary will read.
5081
THE SECRETARY: Calendar Number
1005, by Senator Skelos, Senate Print 6153A,
an act to amend the Civil Rights Law, the
Criminal Procedure Law, and the Executive Law,
in relation to a change of name.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT BALBONI:
Senator, an explanation has been requested by
Senator Dollinger.
SENATOR SKELOS: Mr. President -
ACTING PRESIDENT BALBONI: Please
maintain the quiet decorum of the chamber.
Thank you.
Senator Skelos.
SENATOR SKELOS: Mr. President,
this legislation would establish a
notification process by which victims,
prosecutors, and the Division of Criminal
Justice Services would be notified when a
person convicted either of a violent felony
offense or other enumerated crimes files a
petition for a change of name.
The new legislation would afford
all victims where the defendant was convicted
of either a violent felony offense or
5082
enumerated crimes the opportunity to voice
their objections to such petitions, and such
notification would also be given to
prosecutors in the sentencing court.
ACTING PRESIDENT BALBONI:
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, would the sponsor yield to a couple
of questions?
ACTING PRESIDENT BALBONI:
Senator Skelos, do you yield to a couple of
questions?
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT BALBONI:
Proceed, Senator.
SENATOR DOLLINGER: Senator, does
the bill contain any provision for what
happens once the victim receives notice of
this crime?
SENATOR SKELOS: Once the victim
receives notice of what, of the petition?
SENATOR DOLLINGER: Of the
petition, the petition made in the court, in
perhaps some other location, for a name
5083
change. Does it give the victim any right?
SENATOR SKELOS: The victim, yes,
could make an objection to the change of name.
SENATOR DOLLINGER: Through you,
if the sponsor will continue to yield.
ACTING PRESIDENT BALBONI:
Senator, do you continue to yield?
SENATOR SKELOS: Yes.
SENATOR DOLLINGER: Does the
statute create standing on behalf of the
victim or the victim's family to intervene in
the proceeding for a name change?
SENATOR SKELOS: The victim could
file an objection.
SENATOR DOLLINGER: Well, through
you, Mr. President, the question is does the
victim have standing to do that. Is there
anything in there that addresses the issue of
their right to go into court and to petition
the court to have the name change voided?
SENATOR SKELOS: Not specifically
in the legislation.
SENATOR DOLLINGER: Okay. Again,
through you, Mr. President, if the sponsor
will continue to yield.
5084
SENATOR SKELOS: Mm-hmm.
ACTING PRESIDENT BALBONI: The
sponsor continues to yield.
SENATOR DOLLINGER: Are there any
standards in the bill for situations in which
the court, faced with a petition for a name
change and an objection to that name change,
are there any standards in the bill for the
court to determine whether to grant the name
change or deny the name change?
SENATOR SKELOS: Right now, if
there's no reasonable objection, the court
would go along with the name change. That's
in existing law.
SENATOR DOLLINGER: Correct.
Correct.
My question is through you, Mr.
President, if the sponsor will continue to
yield.
ACTING PRESIDENT BALBONI:
Senator Skelos, do you continue to yield?
SENATOR SKELOS: Yes.
ACTING PRESIDENT BALBONI: The
Senator continues to yield.
SENATOR DOLLINGER: My question
5085
is, are there any standards in the bill so
that when a judge faces the issue of a
petition for a name change by a convicted
criminal and an objection from the victim or
the victim's family, are there any standards
in this bill for what the court ought to do,
how it should resolve that issue?
SENATOR SKELOS: No.
SENATOR DOLLINGER: Okay. I
think that's it, Mr. President. I'd just like
to address the bill for a minute.
ACTING PRESIDENT BALBONI:
Senator Dollinger, on the bill.
SENATOR DOLLINGER: Mr.
President, I find myself disappointed by this
bill. I'm going to vote in favor of it
because it's a good thing, it starts us down
the right road.
But I would be, I guess, remiss to
my obligations as a Senator if I didn't stand
up and say that I found it astounding that a
project that I worked on, a project that I
started, a concept that I developed, that I
put into practice, a lawsuit that I brought,
an issue that I exposed on behalf of the
5086
mother of a murdered child, where I did
basically all the work to get the idea before
the public and appeared on the "Today" show in
front of a national audience on, that I can
get on the "Today" show but I can't get on a
bill in the New York State Senate that deals
with all the work that I did.
And I've heard lots of people talk
in this chamber about the respect we have for
each other, about the dignity of the house and
how the dignity of the house is fostered by a
sense of common respect. This is a bill that
incorporates an idea that I worked on, that I
used my legal time and effort on, that I
brought to the nation's attention. And yet I
can get on the "Today" show in New York, on
national television, and I can't get on the
bill.
I submitted two or three buck
slips, asked Senator Skelos to do this, sent
the message through counsel that I wanted to
be on this bill, and was told the answer is
no.
And I would just suggest to
everybody in this chamber, when you someday
5087
think about what the reputation of the New
York State Senate is, just remember one thing:
That instead of being this high-minded place
where we debated the fundamental issues of
today, instead, when it came down to an issue
of respecting a colleague for his work, they
simply reacted and said, Sorry, you can't be a
part of it.
And quite frankly, I regard that as
childish, I regard it as disrespectful, I
regard it as so contrary to this institution
as we're told it should be and we're told it
once was that it positively offends me as a
member.
And I know there's somebody over
there who's having a quiet little laugh at my
expense, saying, Boy, isn't it great, we took
all that work that Rick Dollinger did, we put
it in a bill, we put 22 members on the bill,
but we kept him off.
Isn't that a tremendous exercise of
our power, isn't that a tremendous way to
govern, isn't that a tremendous thing to tell
the people of the State of New York that we
are that childish.
5088
I would just suggest to my
colleagues, I don't know who made these rules,
I don't know who makes these decisions, but
I'll tell you I find this tremendously
disrespectful, I find this tremendously
inconsistent with the notion of a democracy
even in this chamber, and, frankly, I think
everybody involved ought to be ashamed.
I'm going to vote yes, Mr.
President. This bill still doesn't go far
enough, it still doesn't do what victims need.
It's a step in the right direction. It moves
us down the road.
But, quite frankly, I think
everybody involved from their perspective
ought to be ashamed. For me, I'm just
disappointed that this is what my service in
the New York State Senate has come to and this
is the way my colleagues treat me. I will
never, ever forget it.
ACTING PRESIDENT BALBONI:
Senator Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
on the bill.
I'm shocked to hear this,
5089
especially having been aware of the work that,
frankly, Senator Dollinger did on the subject.
And I would hope that in the future that there
would be some consideration for the effort.
And I can understand why he would feel the way
he would.
But perhaps he would like to be a
cosponsor on my bill, which is going to be the
legislative piracy act, making it a
misdemeanor to plagiarize another member's
work.
Thank you.
ACTING PRESIDENT BALBONI: Read
the last section, please.
THE SECRETARY: Section 7. This
act shall take effect in 90 days.
ACTING PRESIDENT BALBONI: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT BALBONI: The
bill is passed.
SENATOR MARCELLINO: Mr.
President.
5090
ACTING PRESIDENT BALBONI:
Senator Marcellino.
SENATOR MARCELLINO: If the
Senate would stand at ease for a while,
pending the report of the Rules Committee.
And then just to remind the members
of the Rules Committee that they are scheduled
to meet at 4:45 in the Majority Conference
Room.
ACTING PRESIDENT BALBONI: Once
again, the Senate Rules Committee will be
meeting in the Majority Conference Room at
4:45, momentarily.
In the meantime, the Senate will
stand at ease.
(Whereupon, the Senate stood at
ease at 4:40 p.m.)
(Whereupon, the Senate reconvened
at 5:31 p.m.)
SENATOR BONACIC: Mr. President.
ACTING PRESIDENT BALBONI:
Senator Bonacic.
SENATOR BONACIC: There will be
an immediate meeting of the Senate Finance
Committee in the Senate Majority Conference
5091
Room.
ACTING PRESIDENT BALBONI:
Immediate meeting of the Senate Finance
Committee in the Majority Conference Room.
SENATOR BONACIC: Thank you, Mr.
President.
ACTING PRESIDENT BALBONI:
Senator Mendez, why do you rise?
SENATOR MENDEZ: I wish to be
recorded in the negative on Calendar 1390.
Thank you.
ACTING PRESIDENT BALBONI:
Without objection, you will be so recorded.
Senator Bonacic, rumor has it
you're standing to proceed with the business.
SENATOR BONACIC: Mr. President,
we'd like to return to the reports of standing
committees. I believe there's a report of the
Rules Committee at the desk, and I ask that it
be read.
ACTING PRESIDENT BALBONI: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
5092
Senate Print 2147A, by Senator
Trunzo, an act to amend the Retirement and
Social Security Law;
2684, by Senator Leibell, an act to
amend the Civil Service Law;
7369A, by Senator Leibell, an act
to amend the Retirement and Social Security
Law;
7848A, by Senator Stachowski, an
act to amend the Public Authorities Law;
7974, by Senator Rath, an act to
amend the County Law and others;
7969, by Senator Rosado, an act to
authorize the City of New York;
7976A, by Senator Maltese, an act
to amend the Administrative Code of the City
of New York;
7987, by Senator McGee, an act to
amend the State Finance Law;
7997, by Senator Coppola, an act to
amend the General City Law;
8001, by Senator Fuschillo, an act
to amend the Family Court Act;
8003, by Senator Balboni, an act to
amend the State Administrative Procedure Act;
5093
8009, by Senator Alesi, an act to
amend the Highway Law;
8012, by Senator Alesi, an act to
authorize the Town of Perinton;
8014, by Senator Bonacic, an act in
relation to the apportionment payable;
8015, by Senator Hoffmann, an act
to amend the Agriculture and Markets Law;
8016, by Senator Libous, an act to
amend Chapter 723 of the Laws of 1989;
8020, by Senator Alesi, an act to
amend the Executive Law;
8023, by Senator Rath, an act to
amend the Real Property Tax Law;
8030, by Senator Trunzo, an act
authorizing the assessor of the Town of Islip;
8038, by Senator Libous, an act to
amend Chapter 744 of the Laws of 1992;
8052A, by Senator LaValle, an act
authorizing the Office of Real Property
Services;
8053, by Senator Nozzolio, an act
to amend the Public Lands Law;
8061A, by Senator Farley, an act to
amend the Banking Law;
5094
8064, by Senator Balboni, an act
authorizing the assessor of the County of
Nassau;
8065, by Senator Goodman, an act to
amend the Tax Law;
8066, by Senator Meier, an act to
amend the Social Services Law;
8068, by Senator McGee, an act to
amend the Criminal Procedure Law and others;
8073, by Senator Morahan, an act to
amend the General Business Law;
8074, by Senator Wright, an act to
direct the Department of Public Service;
8078, by Senator Padavan, an act to
amend the General City Law;
8081, by Senator Libous, an act to
amend the Public Authorities Law;
8082, by Senator Alesi, an act to
amend the Vehicle and Traffic Law;
8083, by Senator Nozzolio, an act
to amend the Criminal Procedure Law and the
Penal Law;
8109, by the Senate Committee on
Rules, an act to amend the Indian Law;
8111, by Senator Spano, an act to
5095
amend the Labor Law;
8115, by the Senate Committee on
Rules, an act to establish special
equalization rates;
8144, by Senator LaValle, an act to
amend the Education Law;
And 3340B, by Senator McGee,
Concurrent Resolution of the Senate and
Assembly proposing amendments to the
Constitution.
All bills ordered direct to third
reading.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President. I move to accept the report of
Rules Committee.
ACTING PRESIDENT MAZIARZ: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
5096
ACTING PRESIDENT MAZIARZ: The
Rules report is adopted.
Senator Bonacic.
SENATOR BONACIC: I'd like to,
Mr. President, recognize Senator Marcellino.
ACTING PRESIDENT MAZIARZ:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, if we could return to motions and
resolutions for a moment.
ACTING PRESIDENT MAZIARZ:
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, thank you.
On behalf of Senator Skelos, on
page 30 I offer the following amendments to
Calendar Number 1006, Senate Print Number
6781A, and ask that said bill will retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MAZIARZ: The
amendments are received, and the bill will
retain its place on Third Reading Calendar.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
5097
I ask that we just take a couple of moments
before we proceed with taking up the Senate
Supplemental Calendar Number 56B, the
noncontroversial reading. Just about one
minute, please.
ACTING PRESIDENT MAZIARZ: Stand
at ease for a couple of minutes.
(Whereupon, the Senate stood at
ease at 5:40 p.m.)
(Whereupon, the Senate reconvened
at 5:42 p.m.)
SENATOR BONACIC: Thank you, Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
we are now ready to proceed with the Senate
Supplemental Calendar Number 56B, please.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
SENATOR BONACIC: Thank you.
THE SECRETARY: In relation to
Calendar Number 1405, Senator Trunzo moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3691A and substitute it
5098
for the identical Senate Bill Number 2147A,
Third Reading Calendar 1405.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1405, by Member of the Assembly Sweeney,
Assembly Print Number 3691A, an act to amend
the Retirement and Social Security Law, in
relation to providing county correction
officers.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1406, by Senator Leibell, Senate Print 2684,
an act to amend the Civil Service Law, in
relation to including both the sheriff and the
5099
county.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1407, by Senator Leibell, Senate Print 7369A,
an act to amend the Retirement and Social
Security Law, in relation to benefits payable.
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
THE SECRETARY: Calendar Number
1408, by Senator Stachowski, Senate Print
7848A, an act to amend the Public Authorities
Law, in relation to authorizing the Dormitory
Authority.
ACTING PRESIDENT MAZIARZ: Read
5100
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1409, Senator Rosado moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11231 and substitute it
for the identical Senate Bill Number 7969,
Third Reading Calendar 1409.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1409, by the Assembly Committee on Rules,
Assembly Print Number 11231, an act to
authorize the City of New York to discontinue
the use as parkland.
ACTING PRESIDENT MAZIARZ: There
is a home rule message at the desk.
5101
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1410, by Senator Rath, Senate Print 7974, an
act to amend the County Law and others, in
relation to the expenditures from
contingencies and tax stabilization reserve
funds.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 19. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
5102
THE SECRETARY: Calendar Number
1411, by Senator Maltese, Senate Print 7976A,
an act to amend the Administrative Code of the
City of New York, in relation to combining the
Correction Officers Variable Supplements Fund.
SENATOR GENTILE: Lay it aside.
ACTING PRESIDENT MAZIARZ: Lay
the bill aside.
THE SECRETARY: Calendar Number
1412, by Senator McGee, Senate Print 7987, an
act to amend the State Finance Law, in
relation to establishing the Cuba Lake
Management Fund.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1413, by Senator Coppola, Senate Print 7997,
5103
an act to amend the General City Law, in
relation to examining boards of plumbers in
the City of Niagara Falls.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
14 -
ACTING PRESIDENT MAZIARZ:
Senator Paterson. Senator Paterson, did you
want to vote in the negative on that last
bill?
SENATOR PATERSON: Me, Mr.
President?
No, I just noticed that was Senator
Coppola's first bill, and I just wanted to
congratulate him for getting a bill through
this house.
5104
ACTING PRESIDENT MAZIARZ: That's
why I was surprised when you stood up, Senator
Paterson, because I knew you wouldn't want to
vote in the negative.
(Applause.)
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1414, by Senator Fuschillo, Senate Print 8001,
an act to amend the Family Court Act, in
relation to orders of protection.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1415, by Senator Balboni, Senate Print 8003,
an act to amend the State Administrative
Procedure Act and Chapter 402 of the Laws of
5105
1994.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1416, by Senator Alesi, Senate Print 8009, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
5106
bill is passed.
THE SECRETARY: Calendar Number
1417, by Senator Alesi, Senate Print 8012, an
act to authorize the Town of Perinton in the
County of Monroe.
ACTING PRESIDENT MAZIARZ: 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 MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1418, by Senator Bonacic, Senate Print 8014,
an act in relation to the apportionment
payable to the Saugerties Central School
District.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
5107
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1419, by Senator Hoffmann, Senate Print
8015 -
SENATOR BONACIC: Please lay it
aside for the day.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside for the day.
SENATOR BONACIC: Thank you.
THE SECRETARY: In relation to
Calendar Number 1420, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11089 and substitute it
for the identical Senate Bill Number 8016,
Third Reading Calendar 1420.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1420, by the Assembly Committee on Rules,
5108
Assembly Print Number 11089, an act to amend
Chapter 723 of the Laws of 1989.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
THE SECRETARY: In relation to
Calendar Number 1421, Senator Alesi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8107A and substitute it
for the identical Senate Bill Number 8020,
Third Reading Calendar 1421.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1421, by the Assembly Committee on Rules,
Assembly Bill Number 8107A, an act to amend
the Executive Law, in relation to the duties
of the Office of Science.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
5109
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1422, by Senator Rath, Senate Print 8023, an
act to amend the Real Property Tax Law, in
relation to exemption from taxation.
SENATOR GENTILE: Lay it aside,
please.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
THE SECRETARY: Calendar Number
1423, by Senator Trunzo, Senate Print 8030, an
act authorizing the assessor of the Town of
Islip to accept an application.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5110
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1424, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11324 and substitute it
for the identical Senate Bill Number 8038,
Third Reading Calendar 1424.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1424, by the Assembly Committee on Rules,
Assembly Print Number 11324, an act to amend
Chapter 744 of the Laws of 1992 amending the
Mental Hygiene Law.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
5111
bill is passed.
THE SECRETARY: Calendar Number
1425, by Senator LaValle, Senate Print 8052A,
an act authorizing the Office of Real Property
Services and the Commissioner of Education.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1426, by Senator Nozzolio, Senate Print 8053,
an act to amend the Public Lands Law, in
relation to the payment of state aid.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
5112
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1428, by Senator Balboni, Senate Print 8064,
an act authorizing the assessor of the County
of Nassau to accept an application.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1429, by Senator Goodman, Senate Print 8065,
an act to amend the Tax Law, in relation to
authorizing any city having a population of
1 million or more.
SENATOR DUANE: Lay it aside,
please.
5113
ACTING PRESIDENT MAZIARZ: The
bill is laid aside at the request of Senator
Duane.
THE SECRETARY: Calendar Number
1430, by Senator Meier, Senate Print 8066, an
act to amend the Social Services Law, in
relation to increasing the standards.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect December 31, 2000.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1431, by Senator McGee, Senate Print 8068, an
act to amend the Criminal Procedure Law, the
Penal Law, and the Family Court Act, in
relation to providing for juvenile offender
status.
ACTING PRESIDENT MAZIARZ: Read
the last section.
5114
THE SECRETARY: Section 7. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1432, by Senator Morahan, Senate Print 8073,
an act to amend the General Business Law, the
Agriculture and Markets Law, and the State
Finance Law, in relation to registration and
regulation.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
5115
bill is passed.
THE SECRETARY: Calendar Number
1433, by Senator Wright, Senate Print 8074, an
act to direct the Department of Public Service
to prepare a report.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1434, by Senator Padavan, Senate Print 8078,
an act to amend the General City Law, Chapter
772 of the Laws of 1966, relating to enabling
any city having a population of 1 million or
more.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 16. This
act shall take effect immediately.
5116
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1435, by Senator Libous, Senate Print 8081, an
act to amend the Public Authorities Law, in
relation to the financing of construction of
certain facilities.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1436, by Senator Alesi, Senate Print 8082, an
act to amend the Vehicle and Traffic Law, in
relation to the maximum speed limit for
5117
certain portions of highway.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1437, by Senator Nozzolio, Senate Print 8083,
an act to amend the Criminal Procedure Law and
the Penal Law, in relation to the issuance of
family offense.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5118
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1438, by the Senate Committee on Rules, Senate
Print 8109, an act to amend the Indian Law, in
relation to requiring express legislative
authorization.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
Senator Bonacic.
SENATOR BONACIC: To explain my
vote. May I proceed?
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: I'd like to
explain my vote.
I believe that the Legislature
should be a partner with the Governor when it
5119
comes to Native American compacts on
non-reservation land throughout the State of
New York.
I also like this legislation
because it allows the people to decide in
every county whether or not they want casino
gambling within their county. And as a
proponent of initiative and referendum since
I've been in the Assembly, I think that
accomplishes that.
Finally, I think as to the
constitutional arguments of the Governor by
himself entering into a compact with the
Native Americans on non-reservation land, this
will strengthen the state's position on any
constitutional challenge that we may see in
the courts.
For all those reasons, I'm
supporting the legislation.
As to Sullivan County, where there
has been a federal approval for a compact, I
do believe that once the Native Americans -
in this case, it's the St. Regis Mohawks -- or
any Native American group that gets their act
together and is ready to do business with the
5120
State of New York on a compact, I believe that
my colleagues and I will be able to be helpful
in that approval process, if and when that day
comes.
Thank you very much, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Padavan.
SENATOR PADAVAN: I'd like to
explain my vote, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Padavan, to explain his vote.
SENATOR PADAVAN: I would share
many of the observations and comments that my
colleague Senator Bonacic articulated in
explaining his vote. And I intend to vote for
this bill as well.
However, I think it's appropriate
to point out a major deficiency. If the
Legislature is a partner with the Governor in
making a major decision, policy decision on
the establishing of casinos, that partnership
is as applicable on reservations as it is off
reservations.
Whether the casino is to be located
on the property currently owned by an Indian
5121
tribe or on land not that far away that is
being purchased and turned over to them,
absolutely no difference in terms of the
socioeconomic impact on the people of that
region, that area, and certainly the state.
This bill goes only so far. It
should go all the way.
Now, currently, as many of you are
aware, there is litigation which is at various
stages in its development through the
courts -- there are a number of plaintiffs,
including Chambers of Commerce, a coalition
from the Catskills, and certain legislators,
myself included -- which addresses the broader
issue. And hopefully we will prevail.
So, Mr. President, having said all
of that, I vote aye.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic and Senator Padavan will be
recorded in the affirmative.
Senator Coppola.
SENATOR COPPOLA: On the bill.
ACTING PRESIDENT MAZIARZ:
Senator Coppola, on the bill.
I'm sorry, Senator Coppola to
5122
explain his vote.
SENATOR COPPOLA: I'm a little
disappointed that my bill did not come out at
this point. Because the fact of the matter is
we're dealing with the Indians, and I know
we've had a lot of problems over the years. I
would have liked to have had the localities
vote and we put it out to bid in the State of
New York.
But the fact of the matter is we're
talking about a bill here that excludes what
they call the one-armed bandits. And I guess
if you look at it, I don't know how that's
going to help our region at this point in time
when you just have limited casino gambling.
I think the big item that attracts
people to the casinos are the one-armed
bandits, basically. And if you go over to
Niagara Falls on the Canadian side, which you
can leave -- I'm sure, Mr. President, when you
leave your home and I leave mine, it's twenty
minutes from our houses. And the attraction
there at those casinos are the one-armed
bandits. We don't have that here in this
piece of legislation.
5123
I want to make note, I don't know
if this is a way to try and appease the people
who have been begging for a referendum out
there to do something with the competition in
Canada, because it has hurt the Niagara
County, it has hurt the Erie County. Because
all of our revenues are going over that
bridge. Which is, again, twenty minutes from
our homes.
And when you have headlines like
this, Oxy lays off 340 employees just last
week in our area, this is a serious matter in
our area. The economy is down. We're not
competitive with our Canadian rivals. I don't
know where this is going. And I just feel
uncomfortable -
ACTING PRESIDENT MAZIARZ: Excuse
me, Senator Coppola.
Senator Kuhl.
SENATOR KUHL: Mr. President,
point of information.
I understood we were on a roll call
vote and there were several members explaining
their roll call. I don't know if the new
Senator understands that there's a two-minute
5124
limitation on explaining a roll call under the
rules of the house.
And I'd ask the chair to enforce
that.
ACTING PRESIDENT MAZIARZ:
Senator Coppola, you know, you are new to the
chamber, and I did want to give you some
leeway. I know that earlier today one of your
colleagues also went on for about ten minutes.
So if you could just kind of make
your point and wrap it up, we would all
appreciate it.
SENATOR COPPOLA: Can we withdraw
the roll? I'd like to be heard on the bill.
SENATOR BONACIC: No objection.
ACTING PRESIDENT MAZIARZ:
Without objection, roll call is withdrawn.
Senator Coppola, on the bill.
SENATOR COPPOLA: Thank you very
much. Thank you very much.
Again, going back to the casino
issue, this has been lingering out there now
for four or five years. I'd like to have seen
this done with a little more accuracy.
I don't think we're going to be
5125
competitive in our area, and I feel that we
should be adding the slot machines with this
bill. It's important to Niagara County and to
Erie County. That's all I'm saying. We're
not competitive.
I wish we weren't even talking
about gambling to try and be competitive with
Canada. But the fact remains that they're now
building another $200 million casino twenty
minutes from our homes, and it's taking all of
the money out of our economy and bringing it
across the bridge.
It's unfortunate that there's not a
sponsor to this piece of legislation. I would
have liked to have asked why we couldn't
include the one-armed bandits. Is there
anyone that can answer my question, Mr.
President? Is there anyone here that can
answer why that wasn't included?
ACTING PRESIDENT MAZIARZ:
Senator Larkin.
SENATOR LARKIN: Mr. President,
we're on a consent calendar. Why are we
debating a consent calendar? People are
allowed to stand up and explain their vote.
5126
But we're on a consent calendar. I'd like to
follow the consent calendar.
ACTING PRESIDENT MAZIARZ:
Senator Paterson. I'm sorry, wait a minute,
Senator Paterson. Senator Bonacic was up
first.
Senator Bonacic.
SENATOR BONACIC: I defer to
Senator Paterson.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Mr. President,
I think what happened was that there was a lot
of consent in the chamber and that we were all
allowing ourselves to go over the two-minute
time period on vote explanation.
When Senator Kuhl pointed it out,
with the Majority's consent, Senator Coppola
went back and spoke on the bill.
I think maybe it's just a good
thing to note to all the members that the
vote-explaining period is two minutes, since
we all violated it. And we'll do it from here
on in.
But in the case of Senator Coppola,
5127
since he was the one who was speaking when it
was called on, I thought it was only apt that
we just let him explain the bill. If Senator
Bonacic would like to lay the bill aside and
bring it back later, that's certainly fine
with us. But we can just let Senator Coppola
finish right now.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: I think out of
courtesy to Senator Coppola, we should lay it
aside and we should proceed again on the
controversial calendar.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
THE SECRETARY: Calendar Number
1442, by Senator McGee, Senate Print 3340B,
Concurrent Resolution of the Senate and
Assembly proposing amendments to the
Constitution, in relation to gender
references.
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
5128
ACTING PRESIDENT MAZIARZ:
Senator McGee, I'm sorry.
SENATOR McGEE: To explain my
vote.
ACTING PRESIDENT MAZIARZ:
Senator McGee, to explain her vote. You have
two minutes, Senator McGee.
(Laughter.)
SENATOR McGEE: Mine won't take
quite that long, because I'm here to
congratulate people, I really am.
I'm really very pleased to say that
this really is the first step in an amendment
to the New York State Constitution. And I
want to take the opportunity to thank Senator
Bruno and the Majority counsel for his
efforts, their efforts in getting this
amendment before us.
And I'm really very pleased to say
that all the members of the New York State
Senate have joined in the sponsorship of this
amendment. This is the first step in an
amendment to the Constitution, the New York
State Constitution. As we well know, that we
have to do this in two consecutive legislative
5129
sessions.
This bill is a gender-neutral bill.
And I'm very pleased that every member in the
New York State Senate is on sponsorship of
this bill, in addition to the fact that this
is the first step to take the New York State
Constitution into the 21st century. And I
thank everyone very much.
And I vote in the affirmative.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator McGee will be recorded in the
affirmative.
Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
Concurrent Resolution is adopted.
Senator Bonacic, that completes the
reading of the noncontroversial calendar.
SENATOR BONACIC: Mr. President,
I'd ask we proceed with the Senate
Supplemental Calendar Number 56B, the
controversial reading.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
5130
THE SECRETARY: Calendar Number
1407, by Senator Leibell, Senate Print 7369A,
an act to amend the Retirement and Social
Security Law, in relation to benefits payable.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR GENTILE: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Gentile.
SENATOR GENTILE: I believe
Senator Hevesi had some questions on this
bill, but he's in the Finance Committee for a
moment. So I wonder if we could just pass
this for a moment until Senator Hevesi gets
back.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I ask we lay it aside temporarily.
SENATOR GENTILE: Thank you.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside temporarily.
The Secretary will read.
5131
THE SECRETARY: Calendar Number
1411, by Senator Maltese, Senate Print 7976A,
an act to amend the Administrative Code of the
City of New York, in relation to combining the
correction officers' variable supplements
fund.
ACTING PRESIDENT MAZIARZ:
Senator Gentile.
SENATOR GENTILE: Mr. President,
again, I believe this is a bill that Senator
Hevesi had a question on. So I'd ask that we
lay it aside until he returns.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
we'd ask that we lay that aside temporarily.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside temporarily.
The Secretary will continue with
the controversial calendar.
THE SECRETARY: Calendar Number
1420, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11089, an act to amend Chapter 723 of
the Laws of 1989 amending the Mental Hygiene
5132
Law.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1422, by Senator Rath, Senate Print 8023, an
act to amend the Real Property Tax Law, in
relation to exemption from taxation.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the -
ACTING PRESIDENT MAZIARZ:
Senator Gentile.
SENATOR GENTILE: Mr. President,
again, I think this is a bill that Senator
Hevesi asked me to lay aside for him.
ACTING PRESIDENT MAZIARZ:
5133
Senator Bonacic.
SENATOR BONACIC: Mr. President,
we'd ask that we lay that aside temporarily.
ACTING PRESIDENT MAZIARZ: The
bill is laid aside.
SENATOR GENTILE: Thank you.
ACTING PRESIDENT MAZIARZ: The
Secretary will continue with the controversial
calendar.
THE SECRETARY: Calendar Number
1429, by Senator Goodman, Senate Print 8065,
an act to amend the Tax Law, in relation to
authorizing any city having a population of
1 million or more.
SENATOR GENTILE: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Gentile.
SENATOR GENTILE: Again, Senator
Hevesi asked me to lay this aside for him.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
we'd ask that we lay that aside temporarily,
please.
ACTING PRESIDENT MAZIARZ: The
5134
bill is laid aside.
The Secretary will continue with
the controversial calendar.
THE SECRETARY: Calendar Number
1438, by the Senate Committee on Rules, Senate
Print 8109, an act to amend the Indian Law, in
relation to requiring express legislative
authorization for the entry into certain
gaming compacts.
ACTING PRESIDENT MAZIARZ:
Senator Coppola.
SENATOR COPPOLA: Mr. President,
I'd like to ask the sponsor or someone a
question.
ACTING PRESIDENT MAZIARZ:
Senator Larkin, do you yield for a question
from Senator Coppola?
SENATOR LARKIN: Senator Coppola,
yes.
SENATOR COPPOLA: Why wasn't the
slot machines included in this piece of
legislation?
SENATOR LARKIN: Very simple,
Senator. Two previous attorney generals,
Robert Abrams and Oliver Koppell, in their
5135
capacity as attorney generals, ruled that it
was unconstitutional to put the slots in there
without the express approval of the voters of
the State of New York.
ACTING PRESIDENT MAZIARZ:
Senator Coppola.
SENATOR COPPOLA: Mr. President,
through you again, please.
ACTING PRESIDENT MAZIARZ:
Senator Larkin, do you yield for another
question from Senator Coppola?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Coppola.
SENATOR COPPOLA: Senator, I
understand that the Governor submitted the
bill last year with the machines there. Why
wasn't that rendered at that time, that
opinion?
SENATOR LARKIN: I don't work on
the second floor, Senator. All I can tell you
is that after consideration by -
(Telephone interruption.)
SENATOR COPPOLA: Is that the
5136
Governor?
(Laughter.)
SENATOR LARKIN: I got a job
offer from the casinos, Kuhl said.
After we looked at it from all
aspects of it, it was very clear that -- after
we looked at it, it was very clear to us that
we would have a constitutional problem.
Because those who don't want casinos in the
state of New York, the first thing they'll do
is go to court.
And as you and I know, there are
six or seven people around here in opposition
to any casinos in the state of New York.
So it was the opinion of the
counsels and the advice of the Majority Leader
that we would eliminate that portion of it,
and that's exactly what we've done.
ACTING PRESIDENT MAZIARZ:
Senator Coppola.
SENATOR COPPOLA: On the bill,
Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Coppola, on the bill.
SENATOR COPPOLA: I appreciate
5137
the response from the Senator.
But the fact is, I have a problem.
The city of Buffalo, Erie County and Niagara
County are suffering economically, and we're
not competitive with Canada.
And I don't think we're going to go
anyplace with this bill. I think we have to
be more competitive. I mean, it doesn't take
a Harvard graduate to understand that there's
a big black hole over there, and when you go
over to the parking lot in Canada, which is 15
minutes from everybody's home in the city of
Buffalo, all you see is New York State license
plate numbers.
And I just don't think we're going
to be competitive here. And I don't want to
have this as a way out to the people who are
obviously strong supporters in Niagara Falls
and the city of Buffalo.
I will support the bill, obviously.
It's the next best thing. But I think we're
stalling. And we can't afford to stall any
longer in Erie County and Niagara County. We
have to be more competitive, and we're not.
Thank you. Thank you for your
5138
patience, gentlemen.
ACTING PRESIDENT MAZIARZ:
Senator Larkin.
SENATOR LARKIN: Just to bring
Senator Coppola up-to-date, in January 1997,
in this chamber, a bill was put forth that
would have been a constitutional amendment.
It was supported by the Majority Leader.
And at that time there was a
quasi-agreement that there would be support on
both sides of the aisle. And your side of the
aisle did not deliver, Senator.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Mr. President,
just to bring Senator Larkin up-to-date, when
that bill passed, more members of the Majority
voted against it than voted for it.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
5139
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
can we return to the original active list for
the day and take up Calendar Number 1375,
please.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1375, by Senator Spano, Senate Print 7606A, an
act to amend the Banking Law, in relation to
the operation of electronic check-cashing
machines.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MAZIARZ: Can we
have some order.
Senator Spano. Senator Spano, an
explanation of Calendar Number 1375 has been
requested by Senator Paterson.
SENATOR SPANO: Thank you, Mr.
President.
This bill prohibits any person or
entity from operating an electronic
5140
check-cashing machine without being licensed
by Article 9A of the Banking Law.
It doesn't apply to the banks, it
only to third-party owners of machines, and it
only applies where a fee of $1 or more is
charged.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, some motions.
ACTING PRESIDENT MAZIARZ: Return
to motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
On behalf of Senator Goodman, I
5141
wish to call up his bill, Print Number 4032,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
1055, by Senator Goodman, Senate Print 4032,
an act to amend the Executive Law.
SENATOR MARCELLINO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR MARCELLINO: Mr.
President, I now offer the following
amendments.
ACTING PRESIDENT MAZIARZ:
Amendments are received and adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, on behalf of Senator Hoffmann, I
offer the following amendments to Calendar
5142
Number 1419, Senate Print Number 8015, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MAZIARZ:
Amendments are received, adopted, and the bill
will retain its place on the Third Reading
Calendar.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I ask we return to Calendar 1407, please.
ACTING PRESIDENT MAZIARZ: The
Secretary will read Calendar 1407.
THE SECRETARY: Calendar Number
1407, by Senator Leibell, Senate Print 7369A,
an act to amend the Retirement and Social
Security Law, in relation to benefits payable.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MAZIARZ:
Senator Leibell, an explanation has been
requested by Senator Duane.
SENATOR LEIBELL: Mr. President,
this legislation would provide that an
5143
impairment of health due to heart disease
resulting in disability or death of a parole
officer shall be presumed to be
employment-related.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Duane and Hevesi recorded in the
negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I ask that we now go to Calendar 1411 and then
continue in the regular order on the
controversial calendar.
ACTING PRESIDENT MAZIARZ: The
Secretary will read Calendar 1411 on the
controversial calendar.
THE SECRETARY: Calendar Number
5144
1411, by Senator Maltese, Senate Print 7976A,
an act to amend the Administrative Code of the
City of New York, in relation to combining the
correction officers' variable supplements
fund.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT MAZIARZ:
Senator Maltese, an explanation has been
requested by Senator Hevesi.
SENATOR MALTESE: Mr. President,
this bill would amend the Administrative Code
of the City of New York in regard to the
correction officers and correction captains
and the above variable supplements fund, in
order to remedy certain inequities in the
current law which operate to the disadvantage
of the employer, the City of New York, and
recipients of payments of other variable
supplement funds.
Specifically, this bill would
provide for a defined benefit plan for all
uniformed correction members who retire from
service on or after July 1, '99. I won't go
into the specific benefits. As members
retire, they will join the schedule already in
5145
progress.
This bill, Mr. President, seeks to
remedy some of the difficulties that the City
of New York had with the variable supplements
fund law created -- Chapter 657 -- that was
created for correction officers and correction
captains and above.
The original bill, it was estimated
at the time, would have cost the city over
$110 million annually. And while there was
some difference of opinion as regards to the
amount, varying between some $20 million to
$110 million, at the same time this is an
instance where -
ACTING PRESIDENT MAZIARZ: Excuse
me, Senator Maltese.
Would the members please take their
conversations outside of the chamber so that
we can hear Senator Maltese's explanation of
this very important piece of legislation for
the City of New York, the great City of New
York.
SENATOR MALTESE: Thank you, Mr.
President.
Basically, this was a situation
5146
where there was a problem, a bill was passed
by this house and the Assembly and signed by
the Governor. At the same time, the parties
involved did not cease their negotiating and
sitting down at the conference table.
Basically, this bill is a credit
not only to Norman Seabrook, the president of
the Correction Officers, but also Peter
Marangella, the president of Correction
Captains, Sidney Schwartzbaum, the president
of the Assistant Deputy Wardens and Deputy
Wardens Association, and Commissioner James
Hanley of the Office of Labor Relations.
They put together an agreement on
April 20, 2000, which was signed by all the
parties mentioned and, of course, Commissioner
Hanley, representing the City of New York.
And certainly it's a credit to all of them.
There is no fiscal impact other
than -- no additional cost to the City of New
York. And if we accept the arguments of the
City of New York, which at this time I do,
this certainly is in position to save a
considerable amount of money in the future for
the City of New York and at the same time
5147
remedy an inequity for the above-mentioned
officers as well as the housing police and the
transit police.
ACTING PRESIDENT MAZIARZ: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 33. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1422, by Senator Rath, Senate Print 8023, an
act to amend the Real Property Tax Law, in
relation to exemption from taxation.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MAZIARZ:
Senator Rath, an explanation has been
requested of Calendar Number 1422 by Senator
Hevesi.
SENATOR RATH: This is a
5148
statewide bill that has three provisions.
The first will provide an
incorporated association or volunteer
ambulance service may receive a real property
tax exemption of up to $20,000 if property
that they are in charge of is used by the
incorporated association itself, leased by a
city, town, village, or ambulance district or
school district, and is used for those
purposes for which they are incorporated. At
local option, this provision can go in.
The second provision is that
volunteer firefighters and ambulance workers
will receive a real property tax exemption of
up to 10 percent of assessed value of their
property, capped at $3,000 in consideration of
the equalization rate. And there's also a
longevity exemption there at local option, and
that's tied to the years of service of the
volunteer firefighters.
And the third provision allows fire
companies to charge for emergency medical
services if so authorized by the governing
board of their jurisdiction. And this amounts
to -- if -- just a minute, let me review.
5149
Okay. And this one also provides
that there has to be information on the
amounts that they are billed and the amounts
that they are collecting so it can be reviewed
by the Comptroller.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor yield to one
brief question, please.
SENATOR RATH: Surely.
ACTING PRESIDENT MAZIARZ:
Senator Rath, would you yield to Senator
Hevesi -- after there is some quiet in the
room, so that Senator Hevesi and Senator Rath
can have their questions asked and answered.
Thank you.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
Senator, thank you for that
explanation. I think this is a terrific idea.
I'm going to be voting for it. I just have
one question for you.
My reading of the bill suggests
5150
that this is applicable for the entire state
of New York, yet the title of the act makes
specific reference to this being applicable to
certain cities. Can you help me out with
that, please?
ACTING PRESIDENT MAZIARZ:
Senator Rath.
SENATOR RATH: You know, I
misspoke at the first. It's cities less than
a million. I misspoke. Because to me,
statewide, local governments -- and I was
misthinking and misspeaking. Cities less than
a million.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MAZIARZ:
Senator Rath -- after it gets quiet in here.
SENATOR HEVESI: Senator -
ACTING PRESIDENT MAZIARZ:
Please. Please wait, Senator Hevesi. Wait.
We're not going to continue until
it is quiet in here so that Senator Rath and
Senator Hevesi can have their questions asked
and answered.
SENATOR HEVESI: Thank you.
5151
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President.
Senator, my understanding is that
there still is only one city in New York State
with a population in excess of a million
people. And that being the case, am I to
understand that this legislation would bestow
a benefit on members of volunteer ambulance
corps and fire departments everywhere else
except for New York City?
ACTING PRESIDENT MAZIARZ:
Senator Rath.
SENATOR RATH: One moment,
please.
The bill was crafted as it is
because of the character of the firefighters
in the New York City being professional
firefighters, predominantly professional
firefighters, as opposed to the volunteers in
the rural areas, rurals and smaller city
areas.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
5152
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT MAZIARZ:
Senator Rath, would you continue to yield for
another question from Senator Hevesi?
SENATOR RATH: Surely.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Thank you.
Thank you.
Would it surprise the sponsor to
know that in New York City we have numerous
volunteer firefighting organizations in areas
that are somewhat remote and we have many,
many volunteer ambulance organizations
throughout the City of New York?
SENATOR RATH: We were advised as
we were crafting this bill that there was a
good deal of discussion and concern from the
New York City area in regards to this, and
that it would be best to move it this way.
And certainly there would be an
opportunity, I would think, to add -- put in
another piece of legislation that might cover
the eventualities that you're speaking of that
5153
might want to have the same opportunities as
we're providing here.
SENATOR HEVESI: One final
question, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Rath, would you continue to yield for
one final question from Senator Hevesi?
SENATOR RATH: Surely.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Thank you. And
I ask this with all sincerity, and I greatly
appreciate your willingness to explore this
issue of equity.
I would ask, though, that you pull
this bill and resolve it before we move ahead
with it so that we don't send the wrong
message that we're going to disenfranchise
hundreds if not thousands of people in New
York City and roll the dice as to whether or
not they're going to be bestowed a benefit for
the same heroic and brave and dedicated
sacrifices that they make every day.
Would you pull the bill, Senator?
SENATOR RATH: No, I will not,
5154
Senator.
SENATOR HEVESI: Okay, thank you.
On the bill, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi, on the bill.
SENATOR HEVESI: Mr. President, I
think that this is an excellent idea. This is
something that we need to do to encourage
participation in these organizations.
I'm just -- I'm somewhat aghast -
and I'm glad I asked the question, but I'm
somewhat aghast at the blatant disrespect
shown to individuals who make this commitment
in the City of New York. And this is not an
omission by accident, this is an intentional
omission. And I've got to highlight it. And
I'm upset by it.
And I know the sponsor is terribly
well-intended and is a terrific public servant
and is committed to equity, and so I take at
face value and with great confidence her
comments that she's going to revisit this
issue. But I cannot in good conscience vote
for this piece of legislation.
And let that not be a reflection on
5155
how I feel about all the other members of
these fine organizations throughout the state.
But at some point, you've got to stop and say,
look, I can't vote for something even though
it's a good idea if it is so blatantly
disrespectful and disenfranchises so many
people. That would just send absolutely the
wrong message.
So with the greatest respect to the
sponsor and all the individuals who would be
covered under her bill, I'm going to be voting
no on this legislation.
And I really hope, I really hope,
since this is terribly worthy, I think the
idea is good, the implementation is good, with
this one exception of the exclusion, that we
revisit this issue and do the right thing on
this one for everyone in New York State.
There's no good reason to leave out the people
of New York City.
ACTING PRESIDENT MAZIARZ: Read
the last section.
I'm sorry. Senator Gentile.
SENATOR GENTILE: Just briefly,
Mr. President, on the bill.
5156
ACTING PRESIDENT MAZIARZ:
Senator Gentile, on the bill.
SENATOR GENTILE: I want to
congratulate Senator Hevesi for pointing out
this inequity in this legislation, because
however good this legislation is, it does not
address those issues in the City of New York.
And I think what may be the problem
here is that there are -- members in the
chamber here don't realize that there are a
number of volunteer ambulance services and
fire services. My district has the Bay Ridge
ambulance volunteer organization, the
Bensonhurst Volunteer Ambulance Association.
In Staten Island we have the North Shore
Rescue Squad and several other heart
resuscitation volunteer groups.
Those groups are left out of this
legislation. It would be remiss for me as
their state senator, however good this
legislation is, to vote for this and then -
in hopes of somewhere down the line maybe
getting another bill, a different bill that
would cover them.
I believe that it's either we cover
5157
everyone or we go back to the drawing board.
So, Mr. President, I agree with Senator
Hevesi, and I believe that we need to rework
this bill.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1422 are
Senators Connor, Duane, Gentile, Hevesi,
Kruger, Kuhl, Lachman, Markowitz, Montgomery,
Onorato, Paterson, Sampson, Schneiderman, M.
Smith, and Stavisky. Ayes, 46. Nays, 15.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1429, by Senator Goodman, Senate Print 8065,
an act to amend the Tax Law, in relation to
5158
authorizing any city having a population of 1
million or more.
ACTING PRESIDENT MAZIARZ: Read
the last section.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, an explanation of Calendar
Number 1429 has been requested by your fellow
Senator from the great City of New York,
Senator Thomas Duane.
SENATOR GOODMAN: Senator Duane,
what we have before us is a massive New York
City tax cut package which deals with a number
of technical areas that I'll try to outline
for you as briefly as I can.
Mr. President, I guess we need a
little quiet in the chamber, because we want
to be able to be heard.
First of all, we have something
here something which would reduce the mortgage
recording tax, a provision which should
provide relief to many first-time homebuyers
from the 1 percent city mortgage recording tax
and the one-half of 1 percent portion of the
5159
state mortgage recording tax that produces
revenues dedicated to the city's General Fund.
Secondly, we have a personal income
tax cut. This income tax cut would be in the
form of a credit which would provide a city
PIT earned income tax credit benefiting
low-income city workers equal to 5 percent of
their federal credit.
Then we have a PIT dependent care
credit. This measure would provide a city PIT
dependent-care credit equal to 40 percent of
the state credit. The credit provides the
maximum benefit for lower-income households.
We have a PIT senior renter credit.
This measure would provide a refundable city
PIT credit equal to 1 percent of the rent paid
by a qualified taxpayer and qualified
residents up to annual rents of $8400.
Next we have a hotel tax reduction.
This measure would eliminate the flat per-day
tax imposed on hotel rooms. The flat tax is
imposed at 2 bucks a day for rooms costing $40
or more.
And that basically is the outline
of the specific things that are involved in
5160
this.
ACTING PRESIDENT MAZIARZ:
Senator Duane.
SENATOR DUANE: Thank you. Would
the sponsor yield, please.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, would you yield for a
question from Senator Duane?
SENATOR GOODMAN: I will yield
for a question from Senator Duane, my
distinguished colleague from Manhattan.
ACTING PRESIDENT MAZIARZ:
Senator Duane.
SENATOR DUANE: Thank you.
Can the sponsor tell me
approximately how much in the first year the
first -- the mortgage recording tax will cost
the city?
SENATOR GOODMAN: $10 million,
sir.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, do you continue to yield?
5161
SENATOR GOODMAN: I will.
ACTING PRESIDENT MAZIARZ:
Senator Duane.
SENATOR DUANE: And will that
amount remain basically the same in the out
years?
SENATOR GOODMAN: No, it will
not. It rises to 20 million, 20 million, and
20 million in Fiscal 2, 3, and 4.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Duane.
SENATOR DUANE: Could you -
could the sponsor -
ACTING PRESIDENT MAZIARZ:
Senator Goodman.
SENATOR DUANE: Would the sponsor
just tell me why it's going to go like that,
it will go 10-20-20-20?
SENATOR GOODMAN: Will the
sponsor tell him what? I didn't catch the
question.
ACTING PRESIDENT MAZIARZ: Could
we have some quiet in the house, please.
5162
Senator Duane, could you -
SENATOR GOODMAN: Is your
question directed to the schedule -
ACTING PRESIDENT MAZIARZ: -
repeat your question, please.
SENATOR DUANE: My question is,
is the increase from $10 million to
$20 million in the out years because of a
phase-in, or is it because more first-time
homebuyers are expected to be buying their
homes in the out years? I may not have
understood -
SENATOR GOODMAN: It's because
it's anticipated that more people will be
taking advantage of the tax cut.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, would you yield for another
question from Senator Duane?
SENATOR GOODMAN: I will yield to
another question from Senator Duane.
SENATOR DUANE: Thank you.
ACTING PRESIDENT MAZIARZ:
5163
Senator Duane.
SENATOR DUANE: If the sponsor
could also tell me how much the hotel tax will
cost.
SENATOR GOODMAN: 19 million, 39
million, 39 million, and 40 million in Fiscal
1, 2, 3 and 4.
SENATOR DUANE: And my final
question is does the -
SENATOR GOODMAN: You say this is
your final question?
(Laughter.)
SENATOR DUANE: This is my final
question.
SENATOR GOODMAN: If it's your
final question, I'll give you my final answer.
Is it worth a million dollars to you?
SENATOR DUANE: Maybe.
I'm wondering if the sponsor can
clarify whether or not the -- whether in any
way residential rental hotel rooms are
impacted by this legislation.
SENATOR GOODMAN: I'm going to
have to take a moment to go to the telephones
and speak to my sister-in-law on this one.
5164
Did you say rental rooms, Senator?
SENATOR DUANE: Regulated.
They're like rent -- SROs.
SENATOR GOODMAN: Would you just
repeat the full question? I'm sorry.
SENATOR DUANE: If this
legislation in any way impacts rent-regulated
hotel rooms in the city of New York with
permanent tenants. SROs, et cetera.
SENATOR GOODMAN: No, sir, it
does not.
SENATOR DUANE: Thank you. Thank
you, Mr. President.
ACTING PRESIDENT MAZIARZ: Read
the last section.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Will the sponsor
yield to one question, please.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, would you yield to one
question from Senator Hevesi?
SENATOR GOODMAN: Yes.
ACTING PRESIDENT MAZIARZ:
5165
Senator Hevesi.
SENATOR HEVESI: Thank you,
Senator. Thank you for your explanation
before.
Students of public policy often
like to point to a particular tax which, if
you cut it, actually and ironically winds up
increasing revenue. And the one that they
always point to is the hotel occupancy tax.
And I know in this legislation that we have a
reduction to the hotel tax. I know that the
City of New York wants it.
If the logic behind that occupancy
tax is that you need to reduce it and reduce
it and reduce it, thereby denying yourself
those revenues in order to stimulate activity
which will fill your hotel rooms, that makes
sense.
But my understanding is we are as
near to full occupancy in New York City hotel
rooms as possible. So my question to you is
if you accept that -- and I don't know why you
would dispute that, unless you had different
sources of information -- why would we now
want to deny ourselves millions of dollars in
5166
revenue each year when there is no pressing
need to do it, while understanding that we
could reserve this action to a time when hotel
occupancy starts to plummet and then we have a
mechanism by which to stimulate it?
SENATOR GOODMAN: As the sponsor
of the original hotel tax reduction, which is
one of the greatest success stories in the era
of tax reductions, I'd like to try to respond
to you very directly.
The answer is that the drop in the
hotel tax is not simply to fill hotel rooms,
it's to attract people to conventions, to make
New York a more popular venue for a whole
variety of cultural and entertainment aspects,
to increase our retail sales, and to do many
other things.
And by lowering this tax more, we
make this an even more attractive place,
because by keeping it in place at a higher
level than we feel is necessary for the
well-being of the city treasury, we perform an
act of reverse English, if you will, and we
keep people away who might otherwise be
willing to come.
5167
When you consider going to a hotel
room in another city, if you have any sense
you look at the total cost of the room,
inclusive of the various taxes that are paid.
And we think that by keeping this at the
lowest level will continue the superb
developments which transpired as a result of
the initial lowering. We expect that the
gains will be exponential in nature.
SENATOR HEVESI: Thank you. On
the bill, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi, on the bill.
SENATOR HEVESI: I appreciate
that explanation. And I'm very familiar with
the hotel occupancy tax and the outright
statement of conventioneers throughout the
country who said for many years -- and I guess
I'll credit Senator Goodman for authoring the
legislation that remedied this problem -- for
saying outright if you reduce your hotel
occupancy tax, we will bring more convention
business into the city.
I appreciate and understand that.
But as recently as yesterday, I believe,
5168
Cristyne Lategano, the head of the city's
Convention and Visitors Bureau, came out with
some information showing that the city has
never brought in more revenue than it is
currently bringing in in hotel business and
convention business and all the tangential
areas that come as a consequence of tourism.
And so I'm just -- I'm going to
support this legislation. I'm just a little
concerned that the city was a little bit too
quick to want to take this action and we're
going to deny ourselves some revenue here for
which there is no compelling reason.
I'm a tax-cutter, just like
everyone else is a tax-cutter, but we have
money coming into the City of New York and I
don't want to deny the city those resources
for no really compelling reason, particularly
in light of the fact that we've recently taken
some actions up here in this chamber,
including the repeal of the commuter tax -
which is still is unconscionable, in my
eyes -- which really hurt us.
So I think we need to think a
little bit more carefully about doing away
5169
with this tax. It sounds like a great idea,
but it really may not be the most prudent
thing to do at this time. I would prefer to
use the lowering of this tax as a stimulus in
the future if we encounter the problem that
revenue from economic development has started
to come down. My understanding is that's not
the case right now.
But I support the bill, and I
commend the sponsor for bringing this global
piece of legislation which New York City
needs. Thank you.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President, to explain my vote.
ACTING PRESIDENT MAZIARZ:
Senator Duane, to explain his vote.
5170
SENATOR DUANE: Thank you.
I'm going to be voting in the
affirmative on this. I am very supportive of
most aspects of this tax package, particularly
because it targets for tax reductions those
who I think need tax reductions the most. And
it also is rewarding to people who live and
work in the City of New York.
I do have a problem, however, with
reducing the hotel tax at this time because of
our strong tourist-based economy in the City
of New York. And even though I'm crowded from
the sidewalks into our streets because of the
tourists, it's a sacrifice I'm willing to make
because I am quite happy to have their
revenue.
That said, I don't think that we
should reduce the hotel tax. I don't think
that that is the thing that makes New York
City less attractive for conventions. In
fact, most cities that I've been to, both for
conventions and just for pleasure or other
kinds of business, have hotel taxes.
I think that the biggest problem is
that we don't have convention facilities which
5171
serve the complete needs of various-sized
conventions, including at the Javits
Convention Center, which is now not large
enough to compete with convention centers in
other cities. And we also don't have
medium-sized venues -- for instance, the
Coliseum has been -- is in the process of
being demolished, and that was actually a
facility which was a good size for many
conventions.
I think we would be better off
using that $2 as a dedicated fund perhaps to
create better convention facilities. That's
the thing that would bring in more convention
business to the City of New York, not reducing
the $2 -- an additional $2 from the hotel tax.
In addition, because the City of
New York has just been hit with a reduction in
revenue from those who don't live in the city
but work in the city, I think that we are
ill-advised to reduce this tax as well.
But I will be voting yes. But I
wish that this had been separated out so that
I could cast my vote in the negative on this
one aspect of the tax reduction package.
5172
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Duane will be recorded in the
affirmative. Announce the results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Montgomery, I'm sorry.
I'm sorry, Senator Bonacic was up
first, Senator Montgomery.
Senator Bonacic.
SENATOR BONACIC: I defer to
Senator Montgomery.
ACTING PRESIDENT MAZIARZ:
Senator Montgomery.
SENATOR MONTGOMERY: Thank you,
Senator Bonacic.
Mr. President, I would like
unanimous consent to be recorded in the
negative on Calendar 1431.
ACTING PRESIDENT MAZIARZ:
Without objection, so ordered.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic.
5173
SENATOR BONACIC: Mr. President,
I'd like to return to the reports of standing
committees. I believe there is a report of
the Finance Committee at the desk.
ACTING PRESIDENT MAZIARZ:
Reports of standing committees.
The Secretary will read the report
of the Finance Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the Metropolitan
Transportation Authority, Kenneth A. Caruso,
Esquire, of New York City.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Mr. President,
it's a pleasure on this fine nomination to
yield to Senator Goodman.
ACTING PRESIDENT MAZIARZ:
Senator Goodman.
SENATOR GOODMAN: Thank you,
Senator Stafford.
Mr. President and my colleagues,
I'm delighted to be able to speak on behalf of
5174
Mr. Kenneth Caruso, whose name is before us
for the high post of member of the
Metropolitan Transportation Authority.
Mr. Caruso's background is
surpassingly good. He graduated B.A., magna
cum laude, from Rutgers College, and went on
to Columbia University School of Law, where he
was a Kent Scholar, editor-in-chief of the
Columbia Journal of Law and Social Problems,
and had a very distinguished career as a
student of the law.
He went on to become a law clerk to
the Honorable Lloyd F. McMahon, one of the
most important of the then-vintage United
States district judges, and served in the firm
Patterson Belknap Webb & Tyler, where he
engaged in civil and criminal litigation in a
practice involving media law, products
liability, various commercial matters, and
federal criminal matters.
He then went on to the Office of
the Associate Attorney General of the United
States, Department of Justice, and was an
Assistant United States Attorney in the
Southern District. He was one of a very
5175
important group of Assistant United States
Attorneys and U.S. Attorneys, one of whom was
the noted mayor, Rudolph W. Giuliani.
He also has served with the firm of
Shearman & Sterling and is presently with the
firm of Shaw Pittman Potts & Trowbridge.
Mr. President, I've had the
privilege of knowing and working with Ken
Caruso for some time, and I must say we're
very fortunate indeed that a man of his
character and loyal capacity to perform public
service and his outstanding ability and energy
is available to serve on the board of the MTA.
As we all know, the MTA has many
problems, not the least of which relates to
the New York City subway system, to the vital
need to build a Second Avenue subway line all
the way to Wall Street, to the vital need to
reestablish the safety provisions involving
trackage and the signal system of that great
subway line that extends throughout the five
boroughs of New York. And not to mention, of
course, the many other responsibilities under
the aegis of the MTA.
I'm very comforted in knowing that
5176
a man of his stature and intellectual capacity
will be serving us in this level of
responsibility, and I urge my colleagues to
enthusiastically support this outstanding
nomination.
ACTING PRESIDENT MAZIARZ:
Senator Lachman.
SENATOR LACHMAN: Yes, since I
was somewhat responsible in having Mr. Caruso
drive up in New York in this miserable
weather, I am delighted to say that I support
his renomination to the MTA board.
I'm also happy that Mr. Caruso and
I were able to have a private meeting dealing
with issues of the future as well as the past.
I agree with Senator Goodman, he has an
outstanding record. And he has served as a
member of the MTA now for four years with
commitment and vision.
But I was particularly concerned
about Mr. Caruso's personal ideas regarding a
proper balance of the funds coming in from the
tunnels and bridges and subways and buses and
commuter railroads that the MTA serves.
I know that Mr. Caruso has raised
5177
this issue with his colleagues in the past.
In fact, he had mentioned to me that the -- of
most of the funds coming in, the real cash cow
comes from the tunnels and bridges. And there
might be a need for redistribution of these
funds to the subways and buses and commuter
railroads.
Mr. Caruso has mentioned to me that
he will revisit this issue with his board and
let us know, if the board agrees with him, if
there is any legislation that will be
necessary to change the process so that the
subways and buses and commuter railroads
receive the attention that they should be
receiving and the proper issues of where money
goes to in terms of the MTA is properly
addressed.
I heartily agree in renominating
Mr. Caruso for this position, and I will be in
touch with him regarding his commitments and
his discussion with me in the reevaluation of
the proper balance of the MTA.
Thank you.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator. Thank you, Senator Lachman.
5178
The question is on the confirmation
of Kenneth Caruso, of New York City, as a
member of the Metropolitan Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ:
Kenneth Caruso is hereby confirmed as a member
of the Metropolitan Transportation Authority.
Mr. Caruso, on behalf -
Senator Goodman, I'm sorry.
SENATOR GOODMAN: Would you be
good enough to take note of the fact that Mr.
Caruso is accompanied by his family and is
peering down at us at this very moment from
our lofty balcony.
ACTING PRESIDENT MAZIARZ:
Senator Goodman, I was just in the process of
doing that. Thank you for reminding me,
Senator Goodman.
SENATOR GOODMAN: Thank you very
much, Mr. President.
5179
ACTING PRESIDENT MAZIARZ: Mr.
Caruso, on behalf of Senator Bruno and the
entire New York State Senate, we want to
congratulate you on your reappointment as a
member of the Metropolitan Transition
Authority and welcome you here, again on
behalf of Senator Bruno but especially on
behalf of Senator Goodman and your friend
Rosemary Bray.
Thank you, and congratulations and
good luck.
(Applause.)
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: As a member of
the New York State Racing and Wagering Board,
Cheryl Ritchko-Buley, of Slingerlands.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Thank you, Mr.
President. Again, a very fine nomination.
And it's a pleasure to yield to
Senator Larkin.
ACTING PRESIDENT MAZIARZ:
Senator Larkin.
5180
SENATOR LARKIN: Mr. President,
Ms. Buley appeared before the Racing and
Wagering Committee today, and, in spite some
odds and ends, she's here with us today.
Let's be very specific: This lady
is being nominated, she'll be the first lady
ever to be appointed to the board, with the
Racing and Wagering Board.
Her background, she has not only
experience in academic management in the
United States of America but also in Europe.
She's had management positions in the Capital
Region, she's had management positions in
banking and hotels, and she's currently
involved in consulting.
This is a young lady who's entering
a new career, a career which many of us
sometimes fail to realize, after it was
discussed today, that a candidate for one of
these offices has varied backgrounds in a lot
of fields that will enable them to reach out
to other entities, to make the position more
responsible to those that they are seeing to.
I am confident that she possesses
the energy, the initiative, the desire to be a
5181
member of the Racing and Wagering Board.
ACTING PRESIDENT MAZIARZ:
Senator Connor.
SENATOR CONNOR: Yes, Mr.
President.
While there are those who would
question the wisdom of putting someone on the
Racing and Wagering Board to learn the job,
I'm confident that Mrs. Buley would do just
that.
I do question the wisdom, though,
of replacing Commissioner Liebman, who's a
nationally recognized expert in the field of
racing, at a time when the very, very
important racing industry in New York needs
help.
It's important to us. It's been
struggling in a variety of ways. And I think
we're sending the wrong message nationally to
people who are concerned about the racing
industry when we remove a commissioner who has
done a yeoman's job in running the hearings,
in making the decisions, he's published, he's
lectured around the country. I just think
it's the wrong message to send, and I regret
5182
that the Governor is doing that.
But that certainly is no reason, in
my mind, to second-guess the Governor's
choice. It has generally been my philosophy
to defer -- to defer to the Governor's
nominations. He is the Governor and within
the law has the right to appoint certain
positions.
But it's within the law. And the
law constituting the Racing and Wagering Board
provides that it shall consist of three
members, no more than two of whom shall be
members of the same political party. That's
the letter of the law.
The spirit of the law couldn't be
any clearer, Mr. President. It couldn't be
any clearer. It's an embodiment of a
principle of American government called checks
and balances. The idea was three
commissioners, two could be from one party but
one of them should be from some other
political faith.
Now, I'm sure Mrs. Buley is sincere
in her desire to serve, and I accept her
willingness to learn what needs to be learned
5183
to do this job. But I am also confident that
she is no less than a faithful Republican.
And, Mr. President, there's nothing
wrong with that. Some of my best friends are
Republicans -
(Laughter.)
SENATOR CONNOR: -- who I've
served with for years. There is nothing wrong
with that.
The problem is, her appointment
certainly defies the spirit of that law and I
think even technically violates the law. And
I shall tell you why, Mr. President.
Mrs. Buley was a Republican.
George Pataki won the governorship in 1994 and
received, I think even much to his surprise,
more than 50,000 votes on a line of an
independent body called Tax Cut Now. And it
became, under the laws of this state,
qualified to be a party.
I remember when it filed its first
papers. This new political party had on its
first state executive committee Joe Bruno,
Bill Powers, Rappleyea, Tom Reynolds, and a
number of other distinguished Republican
5184
political leaders, party leaders.
At the time, I toyed with finding
some loyal Republican to bring a lawsuit to
disenroll all of those people from the
Republican Party, on the grounds -- and there
is case law to support this -- that in
becoming an officer of another political
party, they had abandoned their Republican
enrollment.
And there would have been case law
to support that, but I don't -- didn't think
then that that would be a wise lawsuit to
foster.
But Tax Cut Now quickly cleaned up
its act; somehow or other, in a move that was
later found to not conform to the Election
Law, in a subsequent court decision, changed
its name to the Freedom Party -- and I know
some of my colleagues probably had that
line -- for a year, for that interim year of a
new party, gave the line virtually to
Republicans every time.
And Mrs. Buley went to the Board of
Elections and filed to become a member of the
Freedom Party, and became its state chair.
5185
And, I'm sure, gladdened the hearts of the
Republican leadership in this state in doing
that. Because I am confident -- and this is a
compliment -- that she is a faithful
Republican, even as her spouse is the faithful
counsel to the Republican State Committee.
Subsequent litigation resulted in a
court decision in Supreme Court that was
affirmed in the Appellate Division and Court
of Appeals that the Freedom Party, as of two
and a half years later or so, ceased -- did
not exist because it was not properly
constituted, and it did not constitute itself
after the running of the grace period the
Election Law gives to every new party to
organize. There was no attempt to organize
it, elect a county committee or a state
committee or whatever.
And the result of that court case
was that those handful of New Yorkers, chiefly
among them Mrs. Buley -- but there were a few
others, I'm sure, who had enrolled in the
Freedom Party -- that enrollment was a
nullity. It was a nullity because there was
no such party.
5186
Now, one could argue that in the
interests of democracy with a small "D" that
those who enrolled in the Freedom Party,
rather than lose their status as enrolled
members of a party, lose their right to vote
in any primary -- because remember, the people
who so enrolled did so on a form the state
provided them to check off "Freedom Party."
So there was state action here that
led those voters into joining this party which
was not legally constituted. So it was not
only through their own fault that these people
found their enrollments a nullity in the
Freedom Party, but through a state action.
One could argue they became,
thereby, Republicans. Others would say, well,
they became blanks. Technically they became,
I tell you, in Board of Elections parlance,
voids, void enrollments.
But Mrs. Buley -- and I do mean
this again as a compliment -- faithful
Republican that she is, last October, in
changing her address at the Albany County
Board of Elections, checked off that she
wished to be enrolled in the Republican Party.
5187
Now, I'm an old-fashioned
politician, Mr. President. If you say you're
a Republican and you check off the box saying
you want to be a Republican, I think that
big-tent Republican Party officials would
agree with me it makes you a Republican.
Ah, a technicality of our Election
Law. When Mrs. Buley changed her residence,
it was within 25 days of the next general
election, which meant she couldn't vote in
this year's primary.
Now, some will say, Oh, you
shouldn't even have those records. Because
the change of enrollment, if it be that, goes
in the locked box.
And there is still an unfortunate
reference to the locked enrollment box in the
Election Law, although other references were
repealed when we did Motor Voter. And the
fact of the matter is, the locked box concept
was in effect repealed when we adopted mail
registration.
Because I am old enough to remember
that when you registered, you used to register
on a buff card and there was a separate white
5188
piece of paper, the enrollment form, that you
checked, and that did go in a locked box.
But we don't have two forms
anymore. When people register, they do so on
the one card where you do your registration,
and there's a box in the lower left -- this is
a form we passed -- where you check your party
enrollment.
And Mrs. Buley checked
"Republican." Not a choice I would have made.
(Laughter.)
SENATOR CONNOR: But nonetheless,
Mr. President, her choice to make, and she
made it.
And I would think, I would think
the Republican Party would be proud to have
Mrs. Buley as a member of their party. They
ought to be proud. She is a member of your
party. And, therefore, legally not eligible
for the appointment to this commissionership.
Who are we kidding here? Ah, yes,
I forgot. This appointment came down
yesterday morning. And at 2:59 p.m. yesterday
afternoon, filed on Mrs. Buley's behalf was a
new enrollment card at the Albany County Board
5189
of Elections saying "I do not wish to be a
member of a political party, and I'm a blank."
Now, I ask my colleagues, you be
the judge -- oh, and I suspect before the year
is out, a judge will hear these facts. You be
the judge. The appointment comes down in the
morning of a non-Republican. Oops, she's a
Republican. So after the fact, after the
fact, while the nomination's before this
house, she goes to the board or has filed at
the board an enrollment saying "I don't want
to be a member of any political party."
And, Mr. President, I dare my
colleagues -- the letter of the law, I think
it breaks it. But the spirit of the law, the
intent of the law is very, very clear in this
rather potentially sensitive and important
area of regulating not only racing but
wagering. And that means a lot more in this
state today. That board has jurisdiction over
two casinos right now, the Mohawk casino and
the Oneida casino. A sensitive function,
taken seriously in most states that have
legalized gambling and regulate it.
That we're on real thin ice here,
5190
Mr. President, when we try and turn this
statute on its head. There was a clear
purpose to that statute in requiring that you
couldn't stack all three commissioners from
the same political party.
And I say, Mr. President, I have no
objection whatsoever to Mrs. Buley per se as a
member of this commission. I won't say she's
exceptionally qualified or experienced. She
admits she's not experienced, but she will
learn. And I do regret that a very
experienced commissioner will be removed.
My objection, and the reason I'm
urging my colleagues to vote no, is because we
are apt -- doing something unprecedented,
unprecedented. We're violating that statute.
You know, if you say you're a Republican, you
check off the box that says "I want to be a
Republican" -- what, you've got an appointment
to a job that pays $101,000, so you go in the
afternoon and check off the box that says you
don't want to be a Republican anymore?
There are sections, Mr. President,
of the Election Law that address just that,
just that: the receiving of a position in
5191
return for an enrollment or change of
enrollment. And I don't think -- I don't
suggest for a minute there's any intent to
violate that. But upon a reading, it looks
awfully close, Mr. President.
The fact is -- and it's a
compliment -- I believe we all know Mrs. Buley
is a loyal, faithful Republican and is
therefore ineligible to fill this particular
vacancy on the Racing and Wagering Board.
ACTING PRESIDENT MAZIARZ:
Senator Bruno.
SENATOR BRUNO: Mr. President,
thank you.
I was listening in my office with
great interest that our Minority Leader is
making a very objective judgment about
credentials about an individual that he
doesn't really know, that he probably just
met -- and second-guessing the Governor of
this state, who does know this individual,
second-guessing the Majority Leader, who does
know this individual. I've had the pleasure
professionally of working with Mrs. Buley for
a number of years.
5192
And I don't think it's appropriate
to get personal and to get political as
relates to one of the Governor's appointments
and make judgments based on the shallowness of
the exposure.
And if you want to talk about
politics, then I would indicate on this floor
that it's totally inappropriate to talk about
Republicans and whether or not we're friends.
We're friends and we're our friends here in
this chamber when we are working in unison.
But we're not friends when you disagree with
us and with the Governor on any particular
issue.
So, Mr. President, I'm in the
chamber to just indicate that Mrs. Buley is an
intelligent, personable, very dignified lady,
and she has a background in dealing with very
difficult issues, dealing with people in
communications, and is bright enough to learn
anything that she doesn't know.
Now, you know, many of us are
fortunate -- and Senator Connor is very
fortunate in being expert in so many subjects
that we don't ever have to learn anything
5193
else. Well, I learn something new every day
in this chamber and in my office and when I
get up in the morning. And if Cheryl feels
and the Governor feels that she can do this
work, then she can do this work.
And I, Mr. President, would
recommend that my colleagues in this chamber
stay on the merits and talk about an
individual who is a professional.
And I will urge my colleagues here
to be representative and to be objective, and
will very wholeheartedly support this
nomination by the Governor of this state,
whose judgment over these last five and a half
years has been pretty good in many of the
selections that have been made to fill the
various offices in this state.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator Bruno.
Senator Spano.
Senator Paterson, we have a list.
Senator Spano is next.
SENATOR SPANO: Thank you, Mr.
President.
5194
It is my pleasure to speak in favor
of the nomination of Cheryl Buley and to speak
a little bit about the integrity of the Racing
and Wagering Board, the integrity of racing in
this state, and how important it is for us to
have an individual who has the type of
independence, integrity, intelligence and
energy to learn a job and to take a very
difficult industry, the racing and wagering,
and be able to be objective with respect to
judgments that she will make.
With her background in working in
sensitive areas, people will talk about, well,
what background do you have. And when you
look at a person who has got a master's
degree, a person who has worked with so many
different community-type organizations, a
person who has worked with an organization
that helps terminally ill children and their
families in Ronald McDonald House, who has got
that type of sensitivity, it will keep the
high standard that is so critically important
to the Racing and Wagering Board.
And while it's interesting to hear
the Minority Leader talk about his
5195
interpretation of the Election Law as his
interpretation of the facts, I think it's
important for us to get on the record the real
facts relative to Cheryl Buley and her party
affiliation.
In 1992 she registered and enrolled
as a Republican in this state. In 1994, she
changed her address in this state. In 1995,
she changed her name and her enrollment
changed to the Tax Cut Now Party, which was
referred to as the Freedom Party.
In 1999, the Freedom Party went out
of existence, and she received a memo from the
State Board of Elections that instructed all
Boards of Elections to change voters who were
enrolled in the Freedom Party to a blank.
Now, whether you call that a void,
a blank, an independent, it's not a
Republican. Cheryl Buley continues to be a
member of the independent -- to be an
independent, not registered in a party in this
state.
As late as yesterday, I have a
document here from the State Board of
Elections showing that Cheryl Buley,
5196
Registration Number 92011641, is not enrolled
in a party in the State of New York.
And it's clear that while a
change-of-address form was in fact filed in
October, and that change of address form,
according to the Minority, shows some
enrollment change, that enrollment change
would not be effective until after this
election.
So it's clear that today she is not
enrolled in a party, it's clear that after
election she would not be enrolled in a party,
it's clear that she is in compliance, her
appointment by -- nomination by the Governor
is clearly, is clearly in compliance with the
statute.
And if there's anything that -- if
we're going to question the integrity of
anything around here today, we should question
the integrity of the Albany County Board of
Elections, who would take a document that was
filed, that whether Senator Connor likes it or
not the Board of Elections statute, the
elections statute says that it should be kept
in a locked box, and that information, in
5197
violation of her own rights and in violation,
potentially, of the Election Law, was made
public to some counsel on the other side of
the aisle.
So it's important for us to make
these type of assertions on the record so that
we know exactly what the facts are. And the
facts are that Cheryl Buley is qualified,
she's got the independence, she's got the
integrity, and she is not registered in the
Republican Party.
ACTING PRESIDENT MAZIARZ:
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On the nomination.
Mr. President, I rise as a
long-term member of the New York State Senate
Racing and Wagering Committee and one who also
represents Finger Lakes Racetrack, with over
1200 employees, from the Central Finger Lakes
region.
I rise to support this nomination,
a nomination about a person, about a person of
great integrity, about a person who worked in
this very legislative body. And I compliment
5198
Governor Pataki for reaching out to find an
individual who does have that type of
experience.
This opposition that I hear is
obviously based on partisanship. The
divisiveness, the partisanship nature of those
who have spoken in opposition to this
nomination, their statements are clear.
What should be stated is that
Governor Pataki has established, for the first
time in the history of the Racing and Wagering
Commission, a woman appointee, one who will
stand with great integrity, great background,
great experience. And the fact of the matter
is, this Governor for the first time has
reached across the gender gap and appointed a
female member of this commission.
The Governor has the authority to
do this. It is well within his prerogative to
do so. And rather than wrangle, we should
compliment him on establishing some diversity
in the board for the first time in its
history.
Mr. President, this nomination is a
very good nomination. It's a nomination
5199
that's based on an individual of integrity,
with an individual who will bring diversity to
the Racing and Wagering Commission, and with
an individual who has experience in the
legislative process.
Governor Pataki should be
complimented. This nominee should be accepted
by this body immediately. I move the
nomination.
ACTING PRESIDENT MAZIARZ: Thank
you, Senator. Thank you, Senator Nozzolio.
Senator Paterson.
SENATOR PATERSON: Mr. President,
I think that the members of this the chamber
are not separating apples and oranges in this
particular debate.
I did not hear Senator Connor, who
spoke before me, in any way impugn the
character or the ability of this particular
nominee. The Majority Leader said that
Senator Connor didn't know the nominee. That
was instructive, but Senator Connor said that
he didn't know the nominee himself.
He said that there have been times
when governors have appointed people who might
5200
not have had a career of expertise in the
particular area in which they were appointed
to, but they had the ability and had
demonstrated over a period of time that they
had the intellect and the dedication to find
out those issues and represent themselves and
accord themselves on whatever particular board
they were appointed to very well.
Senator Connor said that about this
particular appointee. So this debate is not
an argument about this appointee's character,
nor is it in any way a discussion of whether
or not the Governor has the right to appoint
such a person. The Governor reaching across
the gender gap is a good thing in this
particular case.
But then to come on the floor and
say that we can't discuss politics, when the
law relates to politics itself, is to deny the
axiom that the whole is equal to the sum of
its parts. The fact is that the law says
there cannot be three members of this board
who are of the same party.
And Senator Connor presented
evidence that this particular nominee was of
5201
the same party as the other two sitting on the
Racing and Wagering Board right now. Because
in October of last year, within 25 days of the
election, this particular nominee registered
as a Republican.
Because of the fact that the change
of the address and the registration was so
close to the election, she wasn't allowed to
vote in this year's primary. But she
nonetheless remained as a Republican, and
that's what the Board of Elections showed, and
that's what her buff card showed until
yesterday morning, when it was brought up that
that was a problem with this particular
nomination. That's the reason why a new buff
card was presented yesterday afternoon.
And that would be fine except for
the fact that that came after the nomination,
and the evidence could only relate to those
issues that existed up until and at the time
of the nomination of this particular
candidate.
So I don't think that it's fair,
nor is it prudent, to question the integrity
of Senator Connor, who is not raising any
5202
personal issues about the Governor, about the
Majority Leader, about the candidate or anyone
else in this chamber, but is simply
questioning this body as to whether or not we
are in compliance with the law. And we are
clearly not.
That may be disappointing for this
particular nomination, because all evidence is
that this would be a fine representative on
that board. I don't know the nominee either.
I happen to know her spouse, Jeff Buley, as a
very determined and dedicated public servant.
I've had some limited interaction with him,
it's all been very positive. I would assume
the same about this nominee.
And yet we can't -- I can't support
the nomination, because the problem is greater
than the issue of one particular individual or
one particular governor.
The fact is that this has been
written into law for long periods of time, and
up to this point no one has changed it.
Because of the checks and balances to which
Senator Connor referred to, we cannot have
this type of situation existing on this type
5203
of board. And whether we can or we can't, we
certainly have legislated that we shouldn't.
And that's the reason why I think
it would be better to withdraw this nomination
so as not to in any way relate this to the
individual, who would like to do a very good
job, but rather to look at the whole process
and what we're doing to the process by
allowing this nomination to go forward.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I want to be absolutely clear about
something right at the start. I don't know
Mrs. Buley. I believe her when she says that
she's a person of integrity. I give her that
credit.
I am also not one of those who,
like some other of my colleagues, would say
that this Governor doesn't have the right to
appoint someone who has minimal qualifications
for this job. Which I believe that she
acknowledges. She has no past in the racing
industry and has said that this is a job that
5204
she could learn and learn quickly. All of
which I credit.
I'm always disappointed that
someone on the second floor sends up a nominee
who, when I ask, "What do you know about the
operation of the board?" basically reads the
first sentence from a general description of
what this board does.
Someday maybe somebody on the
second floor will actually sit down with these
very bright, very capable nominees like Mrs.
Buley and actually explain to them in detail
what this board does, so that when she comes
to the Senate Finance Committee and is asked
"What are you doing to do as a member of the
board, what does this board really do?" they
will give a detailed three-or-four-minute
answer based on what they've learned in their
twenty minutes of being briefed by the second
floor.
I would hope that that happens more
frequently. That's not Mrs. Buley's fault,
that's apparently a problem on the second
floor.
But let's be absolutely clear about
5205
one thing. This woman is a good Republican.
She has done everything the Republican Party
asked her to. When the Freedom Party was
created, somebody said, We'd like to make you
the chairman of the Freedom Party, the Tax Cut
Now Party. So she gave up her enrollment in
the Republican Party and went off to become a
member of -- the head of -- the Freedom Party.
A good thing that a loyal Republican does.
Then, when that party was
eliminated and she had the chance to refile
her party enrollment, she did what every good
Republican does, every good Republican does.
They change their address, they go back to the
Board of Elections and they file a form that
says "I swear under oath that I want to be
Republican."
She was a Republican by declaration
as of October of 1999. All my colleagues on
the other side of the aisle say, Well, that
doesn't take effect until after this year's
general election, as a matter of law.
If that's the case, why yesterday
at 3:00 o'clock in the afternoon, less than a
couple of hours after finding out that the
5206
question of her party enrollment was going to
be an issue in her appearance before the
Senate Finance Committee, why did she then go
to the Albany County Board of Elections and
change her party enrollment, check the little
box on the buff card that says "I'm changing
my party enrollment," and sign at the bottom
line saying "I do not wish to be enrolled in
any party"?
Why, if you were so confident that
you were an independent the day before, on
Sunday, why on Monday do you go down to the
county board and file a change of party
enrollment form?
I will suggest a reason why, the
best explanation I can come up with. Some
good Republican told her: If you want to get
this job, you can't be a Republican anymore,
you must be a blank.
And so Mrs. Buley, doing what she's
always done for the Republican Party, said,
I'll do that, and I'll do it tomorrow. And so
she did.
There is little doubt in my mind
that Mrs. Buley is a very loyal Republican,
5207
she's a good Republican. She didn't deserve
this debate to occur. And the best way that
this debate could have been avoided was for
the Governor, on the second floor, to send up
the name of someone who was clearly not a
Republican.
So that the issues of integrity
that Senator Connor talked about as we look at
casino gambling, as we look at greater changes
in the gambling laws -- and a bill from
Senator Meier to increase raffles to $150,000.
We'll have raffles springing up everywhere.
Senator Maziarz, who wants to eliminate
admission prices to bingo so we'll have more
bingo.
As we encourage this crazy
obsession with more and more gambling, we put
in the hands of the board these decisions.
And I would just suggest that this
is a time we need the absolute integrity of
the prior statute, the nonpolitical quality of
this board, to be its most important
characteristic. By approving this good
Republican woman for this job, we are doing
just the opposite.
5208
I would only suggest if this is the
way you want to do it, bring forth a bill
someday that says it doesn't matter what
political party you want, you can put as many
Republicans or as many Democrats on the racing
bored as you want. Then at least we'll have a
debate about the merits of dividing the board
politically so that it achieves the purpose of
preserving the integrity of our racing and
gaming system.
I would just suggest that we are
doing a great disservice to this good
Republican woman by having this debate. It
could have all been avoided if the man on the
second floor had said, Let's fulfill my
statutory obligation and let's appoint someone
who is clearly not a Republican to this board.
Mrs. Buley, I apologize. But I
think you ought to get that apology from
someone on the second floor.
ACTING PRESIDENT MAZIARZ:
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I wasn't sure I was going to speak
on the floor. I spoke in Finance.
5209
I don't have any trouble with this
lady as somebody that would be able to learn
what to do on Racing and Wagering. I'm sure
she'll be a great on-the-job learner.
I've got a problem over replacing
one of the great horse-racing officials in the
country and gambling officials in the country
with an on-the-job learner, but that's not
really the question here.
The fact is that the question here
is raised because of party affiliation based
on the terms and the limits of this particular
statute that creates the Racing and Wagering
Law.
Now, I'm not going to say I favor
Senator Connor in this debate over, for
example, Senator Spano's description of the
facts on how the Election Law should be read
or should be determined. But Senator Connor
is an election lawyer. To everything I've
ever heard, one of the best in New York State.
Senator Connor did nothing but
praise Mrs. Buley and her credibility and the
fact that she would be a good member if in
fact she had the opportunity to learn the job
5210
and do the job.
And the Governor could have avoided
this whole debate. He's got a carryover, a
carryover that he's had since February 1998.
The gentleman's a Republican. There wouldn't
have had to be any card put in yesterday. The
Governor could have sent up Mrs. Buley to
learn the job and to learn it under the
tutelage of Commissioner Hoblock and the other
member of the board, Mr. Liebman, who is a
recognized expert, and under their tutelage,
probably learn even faster than she could on
her own.
I don't doubt Senator Bruno's
sincerity in defending her. I think he has
every right to. She worked for him, he knows
her very well, and she's obviously a very nice
and very bright person.
But I've got to base my facts on
Senator Connor's explanation and some other
election lawyers I've talked to. There seems
to say a problem. And because there is a
problem, I can't support this.
And the fact is, the racing world
currently is focused on this particular
5211
appointment. Not really the politics, they're
upset about what they recognize as an expert
leaving. And that's their business to be
upset about that.
And the Governor could have
benefited at this point by doing the
replacement that I talked about. Not even
pulling this person back, just taking it back
for a minute, changing who we are replacing,
and then putting it back in.
And the racing world would be
relieved, they'd be happy, it'd be a message
saying New York State isn't going to do
something questionable in this field as far as
where racing is and how it rates in the
Governor's eyes, but they're doing something
to strengthen it. At a time when New York
State is recognized to be slipping in its
stature as a racing state, when other states
are getting the better horses for different
reasons, a myriad of them, including purse
size, et cetera.
This is a time when we need to be
doing all we can to strengthen New York
racing. And I feel bad for somebody that has
5212
a racetrack in their area, especially not a
NYRA track. Because pretty soon there might
not be enough horses to run in those races.
Unless you want to take the horses from maybe
Fort Erie, the B track in Canada, that's only
staying open now by having slot machines. And
we certainly don't have those here.
The fact is that I think that this
lady would be a great appointment to this.
However, there is a question on this. And the
fact is, she wouldn't be a great replacement
for the person we're replacing her with, but
she would be an excellent replacement for the
other person that's a carryover.
I think the Governor could have
made great strides, replaced the other member
with Mrs. Buley, nobody would have had any
questions of Mrs. Buley, her background would
be sufficient to show us that she could learn
all these things. She would have Senator
Bruno's support, who's a great advocate of the
racing industry. And I think everybody would
have gone away happy.
But that's not the cards we're
dealt with. We're dealt with the other ones.
5213
And unfortunately, because of those, and
because of the advice of an election lawyer
who I think has a great grasp of the law -
rather than somebody that's reading me a
section out of the law -- I'm going to vote
against this party.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of Cheryl
Ritchko-Buley, of Slingerlands, as a member of
the State of the New York State Racing and
Wagering Board.
Senator Connor.
SENATOR CONNOR: Slow roll call,
Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Connor, there are not five -- oh,
wait, wait. I'm going to recount here. There
are five members standing, Senator Connor.
The Secretary will call the roll
slowly.
THE SECRETARY: Senator Alesi.
(No response.)
THE SECRETARY: Senator Balboni.
SENATOR BALBONI: Aye.
THE SECRETARY: Senator Bonacic.
5214
SENATOR BONACIC: Yes.
THE SECRETARY: Senator Breslin.
(No response.)
THE SECRETARY: Senator Bruno.
SENATOR BRUNO: Yes.
THE SECRETARY: Senator Connor.
ACTING PRESIDENT MAZIARZ:
Senator Connor.
SENATOR CONNOR: Yes, Mr.
President, to explain my vote.
ACTING PRESIDENT MAZIARZ:
Senator Connor, to explain his vote.
SENATOR CONNOR: Mr. President, I
was kind of surprised by Senator Bruno's
remarks, because I think those of our
colleagues who were in the chamber actually
heard me somewhat praise Mrs. Buley's
qualifications. And I never attacked her
personally at all.
And I in fact said that but for the
fact of this statute requiring a different
voter registration, that I would vote for her.
And the only reason I'm not voting for her was
because -- it sounds kind of incongruous -
she's a good Republican. And I've voted for
5215
many good Republicans in confirmations, but
not when the statute said you can't have a
Republican.
So I am indeed shocked that Senator
Bruno took that as a personal attack on the
nominee, because I think everyone who heard it
knew it wasn't.
Mr. President, I'd like to withdraw
the request, if my colleagues agree, for the
slow roll call and have a party vote.
SENATOR DOLLINGER: No objection.
ACTING PRESIDENT MAZIARZ:
Senator Bruno.
SENATOR BRUNO: No objection.
ACTING PRESIDENT MAZIARZ: The
Secretary will record the party vote.
(The Secretary called the roll.)
SENATOR CONNOR: Party vote in
the negative.
SENATOR BRUNO: Party vote in the
affirmative.
THE SECRETARY: Ayes, 36. Nays,
25. Party vote.
ACTING PRESIDENT MAZIARZ: The
nominee is hereby confirmed.
5216
Cheryl Ritchko-Buley, on behalf of
Senator Bruno, and really, politics aside, the
entire New York State Senate, we certainly
want to wish you well.
And despite all the letters that
Senator Dollinger is going to write to you to
encourage you to increase the price of bingo,
don't do it.
Thank you very much.
(Applause.)
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: As a member of
the Dormitory Authority, George A. Kellner, of
New York City.
As a member of the Central New York
Regional Transportation Authority, James G.
Russell, Jr., of Syracuse.
As members of the Niagara Frontier
Transportation Authority, Peter G. Demakos, of
Amherst; David N. Greenfield, of Lockport; and
David L. Ulrich, of Lockport.
As members of the Port of Oswego
Authority, Richard J. Tesoriero, of Oswego,
and Steven W. Thomas, of Oswego.
5217
As members of the Empire State
Plaza Art Commission, Jackie Kingon, of New
York City, and Barbara W. Thuesen, of Ithaca.
As commissioners of the State
Insurance Fund, Jane A. Halbritter, of Rome,
and Robert H. Hurlbut, of Honeoye Falls.
As a member of the Central New York
State Park, Recreation and Historic
Preservation Commission, J. Michael Moffat, of
Cooperstown.
As a member of the Niagara Frontier
State Park, Recreation and Historic
Preservation Commission, Harvey N. Albond, of
Niagara Falls.
As a member of the Thousand Islands
State Park, Recreation and Historic
Preservation -
ACTING PRESIDENT MAZIARZ: Can we
take the conversations outside the room,
please. Senator Duane.
The Secretary will read.
THE SECRETARY: As a member of
the Thousand Islands State Park, Recreation
and Historic Preservation Commission, Harold
B. Johnson, of Watertown.
5218
As a member of the Republic Airport
Commission, Philip Acinapuro, of North
Massapequa.
As a member of the Stewart Airport
Commission, Harold J. Porr III, of Newburgh.
As a member of the Fire Fighting
and Code Enforcement Personnel Standards and
Education Commission, Gerald W. Lynch, of New
York City.
As a member of the State Commission
on Quality of Care for the Mentally Disabled,
Louis J. Billittier, of Hamburg.
As members of the Medical Advisory
Committee, Ann Feliu, of Saranac Lake, and
Stoner E. Horey, of Hornell.
As a member of the Board of
Directors of the New York Convention Center
Operating Corporation, Christine Ferer, of New
York City.
As directors of the Municipal
Assistance Corporation for the City of New
York, Alfred R. Kingon, of New York City, and
Robert Price, of New York City.
As a director of the New York State
Urban Development Corporation, David H.
5219
Feinberg, of New York City.
As members of the New York State
Hospital Review and Planning Council, Jane A.
Halbritter, of Rome, and Shirish J. Parikh,
M.D., of Menands.
As a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Batavia, D.
James Mastelenis, of Wyoming.
As a member of the Board of
Visitors of the New York School for the Blind,
John E. Bartimole, of Olean.
As a member of the Board of
Visitors of the Buffalo Psychiatric Center,
Carolyn A. Siegel, Esquire, of West Falls.
As a member of the Board of
Visitors of the Capital District Psychiatric
Center, Judith Reichenthal, of Clifton Park.
As members of the Board of Visitors
of the Richard H. Hutchings Psychiatric
Center, Richard Ellison, of Syracuse, and
Nancy E. Kroot, of Cortland.
As members of the Board of Visitors
of the Agricultural and Industrial School at
Industry, Philip A. Litteer, of Rochester, and
5220
Joan M. Mitchell, of Rochester.
As a member of the Board of
Visitors of the Manhattan Psychiatric Center,
Ruth Levell, of New York City.
As a member of the Board of
Visitors of the Mid-Hudson Psychiatric Center,
Albert R. Lybolt, of Middletown.
As a member of the Board of
Visitors of the Middletown Psychiatric Center,
Frank P. Dodd, of Middletown.
As a member of the Board of
Visitors of the Mohawk Valley Psychiatric
Center, Joseph Harder, of Marcy.
As a member of the Board of
Visitors of the Pilgrim Psychiatric Center,
Lloyd Langley, of Westbury.
As members of the Board of Visitors
of the Queens Children's Psychiatric Center,
Willard Hill, of Springfield Gardens, and
Hortensia R. Stoyan, of Bayside.
As members of the Board of Visitors
of the Rochester Psychiatric Center, Martha R.
Cucci, of Rochester, and Constance Miller, of
Corfu.
As a member of the Board of
5221
Visitors of the Rockland Children's
Psychiatric Center, Debrann A. Gianella, of
West Nyack.
As a member of the Board of
Visitors of the South Beach Psychiatric
Center, Ralph Perfetto, of Brooklyn.
And as members of the Board of
Visitors of the Western New York Children's
Psychiatric Center, Bertha Skinner Laury, of
Buffalo, and Nancy Rogers, of Alden.
ACTING PRESIDENT MAZIARZ:
Senator Stafford.
SENATOR STAFFORD: Move the
nominations, please.
ACTING PRESIDENT MAZIARZ: The
question is on the confirmation of the
aforementioned nominees. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
I'm sorry, Senator Stachowski.
SENATOR STACHOWSKI: Yes. Mr.
President, I'd just like to explain a vote on
one of the nominees, Mr. Peter Demakos, to the
5222
NFTA.
It has been my practice, since the
labor position was filled with a nonlabor
person -- there's three appointments, two are
reappoints. I will not oppose them.
But I cannot vote for Mr. Demakos.
I have no problem with Mr. Demakos. I think
he'll make a great board member. However, the
Governor has not seen fit to send up a new
labor person to take the labor spot on that
board.
And until he does, every new
appointment I will vote against. And I vote
no on Mr. Demakos.
Thank you.
ACTING PRESIDENT MAZIARZ: The
record will so reflect, Senator Stachowski.
Now, the question is on the
confirmation of the aforementioned nominees.
All in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MAZIARZ:
Opposed, nay.
(No response.)
ACTING PRESIDENT MAZIARZ: The
5223
nominees are confirmed.
Senator Skelos.
SENATOR SKELOS: If we could go
to the Supplemental Active List Number Two,
noncontroversial.
ACTING PRESIDENT MAZIARZ:
Senator Seabrook.
SENATOR SEABROOK: Yes, Mr.
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
Number 1422.
ACTING PRESIDENT MAZIARZ:
Without objection, Senator Seabrook will be
recorded in the negative.
The Secretary will read.
THE SECRETARY: Calendar Number
196, by Senator Trunzo, Senate Print 6375A, an
act to amend the Vehicle and Traffic Law, in
relation to the penalty for operating certain
commercial motor vehicles.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
5224
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
292, by Member of the Assembly Schimminger,
Assembly Print 75, an act to amend the Tax
Law, in relation to exempting.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of the
sales tax quarterly period next commencing.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
295, by Senator Marcellino, Senate Print
1324A, an act to amend the Tax Law, in
relation to exempting tangible personal
5225
property.
ACTING PRESIDENT MAZIARZ: There
is 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 a
sales tax quarterly period.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
301, by Senator Lack, Senate Print 6502A, an
act to amend the Real Property Law, in
relation to requiring the disclosure.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
5226
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
445, by the Assembly Committee on Rules,
Assembly Print Number 8111, an act to amend
Chapter 535 of the Laws of 1945, relating to
authorizing.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
497, by Senator Seward, Senate Print 6734A, an
act to amend the Insurance Law, in relation to
product and system group insurance policies.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
5227
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
655, by the Assembly Committee on Rules,
Assembly Print Number 7970A, an act to amend
the Civil Practice Law and Rules, in relation
to service.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect in 30 days.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
746, substituted earlier today by Member of
the Assembly Grannis, Assembly Print Number
5228
9597B, an act to amend the Insurance Law, in
relation to authorizing accelerated payments.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect in 90 days.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
786, by Senator Wright, Senate Print 7085A, an
act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT MAZIARZ: Read
the last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MAZIARZ: Lay
the bill aside.
THE SECRETARY: Calendar Number
800, by Member of the Assembly Schimminger,
Assembly Print 1203, an act to amend the
General Business Law, in relation to the sale
5229
of reptiles.
SENATOR GENTILE: Lay that bill
aside.
ACTING PRESIDENT MAZIARZ: Lay
the bill aside.
THE SECRETARY: Calendar Number
812, by Senator Trunzo, Senate Print 7228A, an
act to amend the Vehicle and Traffic Law, in
relation to authorizing motor vehicle dealers.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
937, by Senator Hoffmann, Senate Print 7269,
an act to amend the Agriculture and Markets
Law and others, in relation to agriculture
environmental management.
ACTING PRESIDENT MAZIARZ: Read
5230
the last section.
THE SECRETARY: Section 14. This
act shall take effect on the 120th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
956, substituted earlier today by Member of
the Assembly Canestrari, an act in relation to
authorizing the City of Cohoes to discontinue
the use as parklands.
ACTING PRESIDENT MAZIARZ: 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 MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
5231
THE SECRETARY: Calendar Number
976, by Senator Lack, Senate Print 6914A, an
act to amend the New York City Civil Court Act
and others, in relation to the time for taking
an appeal.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 9. This
act shall take effect on the 90th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
982, by Senator Libous, Senate Print 2270A, an
act to amend the Religious Corporation Law, in
relation to the sale, mortgage and lease.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
5232
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1077, by Senator Marcellino, Senate Print
7417, an act to amend the Environmental
Conservation Law, in relation to the local
land use regulation.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1129, by Senator Bonacic, Senate Print 1729,
an act to amend the Public Health Law, in
relation to the funding of regional councils.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MAZIARZ: The
5233
bill is laid aside.
THE SECRETARY: Calendar Number
1346, substituted earlier today by Member of
the Assembly Grannis, Assembly Print Number
1157, an act to amend the Environmental
Conservation Law, in relation to prohibiting.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: If we could go
to the controversial.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
786, by Senator Wright, Senate Print 7085A, an
5234
act to amend the General Municipal Law, in
relation to authorizing.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MAZIARZ:
Senator Wright, an explanation has been
requested of Calendar Number 786 by Senator
Hevesi.
SENATOR WRIGHT: The bill amends
the General Municipal Law to provide
municipalities with the option, and it is a
local option, of imposing a fee for police
services for special events, exhibitions, or
contests.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Mr. President,
would the sponsor yield for a few questions?
ACTING PRESIDENT MAZIARZ:
Senator Wright, do you yield for a question?
SENATOR WRIGHT: Certainly, Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Senator, I think
5235
this is an excellent, excellent bill. I just
have a few questions for you. And I'm
thrilled to see it in front of us today. This
addresses a major problem that we have in New
York City.
So let the first question be, does
this legislation apply to every municipality
in New York State, including New York City?
SENATOR WRIGHT: Yes.
SENATOR HEVESI: Okay. Thank
you, Mr. President. Would the sponsor
continue to yield?
ACTING PRESIDENT MAZIARZ:
Senator Wright.
SENATOR WRIGHT: I do.
ACTING PRESIDENT MAZIARZ: He
does, Senator Hevesi.
SENATOR HEVESI: Thank you.
I have a question regarding the
specific language. In particular, there is
language in this legislation which suggests
that the difference between the number of
police officers who would normally be on duty
and then the number of police officers who are
on duty as a consequence of one of these
5236
events is the amount -- shall be used to
compute the amount that the promoter or
sponsor would have to pay.
My question is, if this event would
not have taken place, were the sponsor not to
provide the event, then in that circumstance,
is it fair to assume that this legislation
would require the sponsor to cover the entire
cost of the police protection, not just any
overtime that's accrued, but every single
police officer who in the normal course of
duty would have to provide protection at that
event?
ACTING PRESIDENT MAZIARZ:
Senator Wright.
SENATOR WRIGHT: Well, the intent
was to try to ascertain the amount of added
costs that would be incurred by the
municipalities so that there would not be an
adverse impact over and beyond normal police
services that are provided by the taxpayers.
SENATOR HEVESI: Okay, I'll
assume that's a yes, and it will be open for
some interpretation.
One final question for the sponsor.
5237
ACTING PRESIDENT MAZIARZ:
Senator Wright, do you continue to yield?
SENATOR WRIGHT: I do.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: Thank you.
Senator, the police protection is
not the only -- police protection are not the
only costs associated with certain types of
special events for which many municipalities
are burdened. Sanitation protection and
coverage, particularly for events with
thousands and thousands of people, incur huge
overtime expenses, and additional fire
coverage and EMS protection and what have you.
My question to you is, have you
considered whether or not those services
should also be provided for in your
legislation? And would you consider doing
that?
SENATOR WRIGHT: I certainly
would consider it as subsequent legislation.
It was not considered as part of this.
We were utilizing the police
services as the initial element because there
5238
had been prior opinions of the Comptroller
relative to police services that you could not
charge a separate fee. So we utilized that as
the initial effort.
SENATOR HEVESI: Thank you. And
one final question -- I know I said that
before -- Mr. President, if the sponsor would
yield.
ACTING PRESIDENT MAZIARZ:
Senator Wright, would you yield for another
question?
SENATOR WRIGHT: I will. I will,
Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi.
SENATOR HEVESI: In my course of
dealing with some of the problems that your
legislation addresses, I was told that this
particular remedy would not be constitutional.
Is that your understanding, that
this is -- is there a constitutional problem
with your legislation?
SENATOR WRIGHT: Not to my
knowledge, Senator.
SENATOR HEVESI: Thank you,
5239
Senator.
Mr. President, on the bill.
ACTING PRESIDENT MAZIARZ:
Senator Hevesi, on the bill.
SENATOR HEVESI: Mr. President,
this is not just a good piece of legislation,
this is a great piece of legislation.
It could even be better if we
expanded it to give municipalities the
authorization to recover expenses associated
with for-profit events for sanitation and some
of the other services that I recently
discussed.
I have the particular problem in my
Senate district of having a 15,000-seat
open-air stadium that used to host the U.S.
Tennis Open, which is now in Flushing Meadows
Park. And because this stadium has fallen
upon hard times, they have -- the individuals
who manage the stadium have contracted out to
concert promoters who hold outrageously long
concerts there that have been a nightmare for
the community and have required the
expenditure by the City of New York of
hundreds of thousands of dollars in police
5240
protection, sanitation, all the other
ancillary services.
And in return for that, these
concert promoters have been unbelievably
recalcitrant in dealing with the local elected
officials and the community board and the City
of New York. They don't play ball at all,
completely arrogant attitude.
And I was told, when I attempted to
explore this solution, that you couldn't do
this. And I disagreed with them at the time,
and I'm glad to see that someone had the
foresight to look into addressing this problem
and moving ahead and doing it.
And I would implore the Assembly to
pass this bill. I would implore, Senator
Wright, if you would explore the possibility
of expanding it so that we are not held
hostage by arrogant concert promoters who
believe that it is their right for any
municipality to expend resources so that they
can make a profit.
And I'll note the not-for-profit
exemption in your legislation is right on
target. And if we had that, then we could be
5241
much more confident than that in dealing with
individuals who would use city resources,
whatever city that may be, to help increase
their profits, that they're responsible in
doing that.
This legislation is excellent. I
urge the Assembly to pass it. And once that's
done, since this doesn't mandate it, this
simply gives the authorization to the City of
New York, I would like my words today to go
forward to the people in the City of New York
who told me you couldn't do this. And they
were very clear about this: "Can't do this,
Mr. Hevesi" -- I wasn't a Senator at the
time -- "can't do this."
Well, you can do it. They were
wrong. And I hope that when this legislation
becomes law, and hopefully it will become law,
that the City of New York, this administration
or the next, deems it fit to use this tool to
do the right thing and to not strap the
taxpayers of New York for costs that line
somebody's pocket, particularly when those
individuals are being irresponsible.
It's a maddening situation. This
5242
legislation will address it. We can do a
little more with this legislation. But,
Senator Wright, I commend you from the bottom
of my heart. If this goes into effect and the
City of New York adopts it, this is an
unbelievably powerful tool for dealing with a
problem that has plagued me and my thousands
of constituents surrounding this particular
venue for years and years and years.
Thank you.
ACTING PRESIDENT MAZIARZ: Read
the last section.
Senator Duane, I'm sorry.
SENATOR DUANE: Thank you, Mr.
President, on the bill.
ACTING PRESIDENT MAZIARZ:
Senator Duane, on the bill.
SENATOR DUANE: I have to
respectfully disagree with my colleague from
my home county of Queens and say that I think
that we're seeing a distressing trend on
putting aside special ways to pay for, for
instance, police at events.
I feel that that's what our tax
dollars go for, that that's part of the job of
5243
being a police officer, that you protect the
public in all sorts of venues.
I'm also concerned that this may be
used as a way to discourage people from
holding events which may have a low ticket
price which a lot of people can go to for an
affordable amount of money. It will mean that
there will be a greater need to raise the
admissions price for some of these events. I
think this is far too blanket a prohibition -
or an encouragement of municipalities to
charge for these events.
So I think that this is a trend
that we have to look out for in this body,
that this -- along with making, for instance,
people who are incarcerated pay their own way
while they're incarcerated -- is not something
we should be doing here.
I think that when we pay our taxes,
it's in return for getting government
services, and we should be getting those
government services for paying our taxes. And
I don't think additional fees should be put
forward when I believe that these duties are
just in the course of the normal duties of,
5244
for instance, being a police officer.
So I intend on voting no on this.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Senator Oppenheimer.
SENATOR OPPENHEIMER: I just want
to say a word explaining -
ACTING PRESIDENT MAZIARZ:
Senator Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: I agree
that this is a very good bill.
And in response to what my good
colleague has just said, in my years as a
mayor we made a distinction. There are those
events that are in the -- arranged for the
public by the public, like parades for Fourth
of July and Memorial Day. Those obviously are
places where police are expected to be, and
5245
the community is expected to foot the bill for
those police.
But when it is a private entity
that is a profit-making entity, then there is
no question that the profit-making entity
should be paying for the services which they
are utilizing.
So I think this is a fine bill and
definitely one in the right direction.
ACTING PRESIDENT MAZIARZ:
Senator Duane, to explain your vote.
SENATOR DUANE: To explain my
vote, Mr. President.
I certainly understand what the
issue is which my colleagues are raising.
However, if there is a for-profit classical
concert that's being given, as opposed to a
for-profit rock concert that's being given, I
think that it's more likely the municipality
will be charging the rock concert promoters
the fee for the police protection than they
would be for the symphony orchestra.
I think that we are just being too
broad with this legislation, that we're
leaving too much discretion in the hands of
5246
those who will make the decisions about who
will be charged for police protection.
And that's what my objection is. I
believe that by having our tax dollars pay for
police protection, then we are doing it with
an even hand. And favoritism, or using fees
to discourage one type of event as versus
another type of event, is discouraged. So I'm
going to vote no.
Thank you, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Oppenheimer will be recorded in the
affirmative, Senator Duane in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 786 are
Senators Duane, Markowitz, and Mendez. Ayes,
58. Nays, 3.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Rules Committee in
5247
the Majority Conference Room.
ACTING PRESIDENT MAZIARZ: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Immediate meeting of the Rules Committee.
The Secretary will read.
THE SECRETARY: Calendar Number
800, by Member of the Assembly Schimminger,
Assembly Print Number 1203, an act to amend
the General Business Law, in relation to the
sale of reptiles.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: Would the
sponsor yield just to one question?
ACTING PRESIDENT MAZIARZ:
Senator Leibell, would you yield to one
question from Senator Dollinger?
SENATOR LEIBELL: I certainly
will. Yes, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: Senator
Balboni carries a bill that deals with
reptiles and certain diseases you can acquire
5248
from reptiles.
My only question is, does the
danger of this disease also stem from
amphibians, and shouldn't we include
amphibians in the notice provision so that
people who buy frogs get the same notice?
SENATOR LEIBELL: Well, that
certainly is a very interesting thought,
Senator.
(Laughter.)
SENATOR LEIBELL: I would be
happy to entertain possibly a chapter
amendment at a later date.
But this is the bill before us here
now, and we felt that this was the -
Assemblyman Schimminger and I both felt that
this needed to be taken care of immediately.
SENATOR DOLLINGER: Thank you,
Mr. President. I won't mention bingo, Mr.
President. This is about Kermit, including
Kermit the frog in this notice.
It seems to me -- and I believe the
health danger that's posed by frogs with
respect to salmonellosis is the same as it is
for reptiles.
5249
And I just refer you -- I would
love to get a chapter amendment on it, but I
don't get my name on bills, for some reason,
in this house.
Well, if I could cure that, it
would do every frog owner good, Senator
Leibell, and I appreciate that.
SENATOR LEIBELL: Absolutely.
Thank you.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
THE SECRETARY: Calendar Number
1129, by Senator Bonacic, Senate Print 1729,
an act to amend the Public Health Law, in
relation to the funding of regional councils.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
5250
Senator Bonacic, would you yield
for one question from Senator Dollinger?
SENATOR BONACIC: Absolutely.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger.
SENATOR DOLLINGER: As I
understand this bill, this bill guarantees
that if there is additional funds available
for emergency medical councils, they will be
distributed in the same proportion that they
were distributed the prior year, in 1999; is
that correct?
SENATOR BONACIC: That's not
exactly correct. And if you'd like, I could
do a brief explanation.
SENATOR DOLLINGER: Thank you.
SENATOR BONACIC: I know this is
the last bill. I know we've been here over
nine hours, and I'll make it brief. Okay?
SENATOR DOLLINGER: Okay. Thank
you, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Bonacic, for a brief explanation.
SENATOR BONACIC: First of all,
what we have is EMS regional councils in the
5251
State of New York. Our concern is in the
Hudson Valley area, there are seven counties.
And there is some discussion that one of those
counties wants to redraw the lines and pull
out of that particular council, leaving the
six counties of Putnam, Sullivan, Ulster,
Orange, Rockland, and Dutchess County to fend
for themselves.
The problem is the aid formula is
based on population. And if Westchester
County, which is thinking of forming their own
district, pulls out, we lose 45 percent of our
state aid. If we were to lose 45 percent of
the state aid for those six counties, we would
be unable to deliver the same level of
emergency medical services unless the counties
of those six were willing to come up with
county support to do it.
So in order to maintain, you know,
the level of medical emergency services, we're
asking the state to hold harmless the six
counties that I have mentioned in the event
that Westchester County wants to withdraw and
form their own council, which we have no
objection to.
5252
ACTING PRESIDENT MAZIARZ:
Senator Bonacic, thank you very much for that
brief explanation.
SENATOR BONACIC: You're welcome,
Mr. President.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President.
ACTING PRESIDENT MAZIARZ:
Senator Dollinger, excuse me for one second.
Senator Smith has asked the desk to
ask his colleagues sitting behind him if they
could take their conversation -- Senator
Markowitz.
Senator Markowitz, excuse me.
Senator Smith has complained to the desk -
this Senator Smith has complained to the desk
about you, Senator Gentile, Senator Hevesi,
Senator Montgomery, and Senator Duane having a
conversation while Senator Dollinger is
talking.
Now, Senator Smith, your complaint
is noted.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
5253
I think I voted against the
Westchester County secession bill to allow
them to secede from the regional council for
exactly this reason. We set up the councils,
we fund them, we get them rolling, and then
all of a sudden we start redrawing the lines.
This is one of those consequences.
Pulling the bigger counties of these regional
councils defeats the whole purpose of having
regional councils in the first place, and we
run into the problem that this bill addresses.
I'll vote in favor of it, but
allowing the dismantling of this regional
council process slowly, step by step, has all
kinds of problems with it, and it's still a
bad idea.
ACTING PRESIDENT MAZIARZ: Read
the last section.
SENATOR OPPENHEIMER: No -- yes.
ACTING PRESIDENT MAZIARZ: I'm
sorry. Senator Oppenheimer.
SENATOR OPPENHEIMER: To explain
my vote.
ACTING PRESIDENT MAZIARZ: Read
the last section.
5254
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Senator Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: Well, I'm
voting no. And the reason should be quite
clear.
First of all, I think for the
remaining six counties to lose their 45
percent, the only reason they have that
45 percent is because Westchester is in this
regional area. We have a population in our
county that exceeds the combined population of
the other six counties.
ACTING PRESIDENT MAZIARZ: Can we
have some quiet in the chamber, Senator
Markowitz and Senator Gentile.
(Laughter.)
ACTING PRESIDENT MAZIARZ:
Senator Oppenheimer, I apologize on behalf of
your colleagues.
SENATOR OPPENHEIMER: Thank you,
5255
Mr. President. I think everybody is getting a
bit punchy. Including you, Mr. President.
(Laughter.)
ACTING PRESIDENT MAZIARZ: Well,
we're going to strike that from the record.
Senator Oppenheimer.
SENATOR OPPENHEIMER: Back to the
issue at hand.
Our county is simply too big to be
tied with six other counties that, as I said,
their population doesn't come near ours. We
need additional money to meet the challenges
of our population. And it is only through
forming our own region that we will be able to
achieve the kind of money needed to maintain
our population and respond to their health
needs.
And to be tied to six counties that
are so much smaller than us does not make
sense. And at some point I hope that the
logic of this will be seen and that we will
get the kind of funding that we need for
almost a million people.
I'll be voting no.
ACTING PRESIDENT MAZIARZ:
5256
Senator Oppenheimer will be recorded in the
negative.
Announce the results.
THE SECRETARY: Ayes, 59. Nays,
2. Senators Oppenheimer and Spano recorded in
the negative.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT MAZIARZ:
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Stafford, I
wish to call up his bill, Print Number 4393,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MAZIARZ: The
Secretary will read.
THE SECRETARY: Calendar Number
515, by Senator Stafford, Senate Print 4393,
an act to amend the General Municipal Law.
5257
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MAZIARZ: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR MEIER: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MAZIARZ:
Amendments received.
Senator Meier.
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Stafford, on
page number 40 I offer the following
amendments to Calendar Number 1354, Senate
Print 2375A, and ask that said bill retain its
place on the Third Reading Calendar.
ACTING PRESIDENT MAZIARZ:
Amendments are received and adopted, and the
bill will remain in its place on the Third
Reading Calendar.
Senator Marcellino.
5258
SENATOR MARCELLINO: Mr.
President, I believe there's a substitution at
the desk. Can we have that done now.
ACTING PRESIDENT MAZIARZ: The
Secretary will read the substitution.
THE SECRETARY: On page 39,
Senator Padavan moves to discharge, from the
Committee on Rules, Assembly Bill Number
11223A and substitute for the identical Senate
Bill Number 7893A, Third Reading Calendar
1212.
ACTING PRESIDENT MAZIARZ:
Substitution ordered.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we stand at ease pending the
report of the Rules Committee.
And for the information of the
members, that will be the last order of
business for the day.
And a reminder that tomorrow at
10:00 a.m., there will be a Majority
conference in the Majority Conference Room,
and session to follow promptly at 11:00.
We stand at ease, sir.
5259
ACTING PRESIDENT MAZIARZ: The
Senate will stand at ease.
Senators Hevesi, Gentile, and
Markowitz, you can now engage in your
conversation.
SENATOR MARCELLINO: Mr.
President.
ACTING PRESIDENT MAZIARZ:
Senator Paterson. I'm sorry, Senator
Paterson.
Senator Marcellino.
SENATOR MARCELLINO: I just
wanted the record to show that if we asked for
quiet while Senator Dollinger is speaking,
there wouldn't be a sound in this chamber.
I right now yield to Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
I would like to remind the members
of the Minority that there will be a
conference of the Minority in the Minority
Conference Room at 10:30 a.m. tomorrow
morning, June the 14th, 2000.
ACTING PRESIDENT MAZIARZ: There
5260
will be a conference of the Minority at
10:30 a.m. in the Minority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 8:15 p.m.)
(Whereupon, the Senate reconvened
at 8:20 p.m.)
ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read. Clearly.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 3535A, by Senator
Spano, an act to amend the General Business
Law;
4236B, by Senator Oppenheimer, an
act authorizing the City of Rye;
4896A, by Senator Spano, an act to
amend the Public Health Law and the Tax Law;
5370B, by Senator Balboni, an act
to authorize the Village of Lake Success;
5423B, by Senator Spano, an act to
amend the Military Law;
5714A, by Senator Spano, an act to
5261
amend the Retirement and Social Security Law;
6056B, by Senator Skelos, an act to
amend the General Municipal Law;
6258A, by Senator Saland, an act to
authorize the County of Dutchess;
6287, by Senator Stachowski, an act
to amend the Vehicle and Traffic Law;
6524, by Senator Larkin, an act to
amend the Retirement and Social Security Law;
6987A, by Senator Hannon, an act to
amend the Public Health Law;
7240, by Senator Alesi, an act to
amend the General Business Law and the Civil
Practice Law and Rules;
7824A, by Senator Hoffmann, an act
to amend the Public Officers Law;
7954A, by Senator Kuhl, an act in
relation to the use of funds;
7977, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
8018A, by Senator Spano, an act
authorizing the Town of Greenberg;
8075, by Senator Velella, an act to
amend the Tax Law and the Administrative Code
of the City of New York;
5262
8085, by Senator Volker, an act to
amend the Executive Law;
8086, by Senator Velella, an act to
amend the Insurance Law;
8087, by Senator Bonacic, an act to
amend the Environmental Conservation Law;
8089, by Senator Hannon, an act to
amend the Public Health Law;
8091, by Senator Farley, an act to
enact the Privacy of Financial Information Act
of 2000;
8094, by the Senate Committee on
Rules, an act to amend the Tax Law;
8116, by Senator Maziarz, an act to
amend the General Business Law and others;
8117, by Senator Bonacic, an act
authorizing certain housing authorities;
8132, by Senator Fuschillo, an act
to amend the Executive Law and others;
And 8141, by Senator Spano, an act
to amend Chapter 640 of the Laws of 1997.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
5263
SENATOR SKELOS: Mr. President,
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
motion is carried.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MORAHAN: There
is no housekeeping at this desk, Senator
Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until Wednesday, June 14th, at
11:00 a.m.
And there will be a meeting of the
Majority at 10:00 a.m.
ACTING PRESIDENT MORAHAN: There
will be a meeting of the Majority in Room 332
5264
at 10:00 a.m. And we stand adjourned until
Wednesday -
Senator Smith, why do you rise?
SENATOR ADA SMITH: Thank you,
Mr. President. I would like to announce that
there will be a meeting of the Minority
tomorrow morning at 10:30 a.m. in the Minority
Conference Room.
ACTING PRESIDENT MORAHAN: There
will be a meeting of the Minority at
10:30 a.m. in the Minority Conference Room,
tomorrow, June 14th.
We stand adjourned until June 14,
Wednesday, at 11:00 a.m.
(Whereupon, at 8:25 p.m., the
Senate adjourned.)