Regular Session - June 14, 2000
5265
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 14, 2000
11:14 a.m.
REGULAR SESSION
SENATOR PATRICIA K. McGEE, Acting President
STEVEN M. BOGGESS, Secretary
5266
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, June 13th, the Senate met pursuant to
adjournment. The Journal of Monday,
June 12th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
5267
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. On page 21 I offer the following
amendments to Calendar Number 838, Senate
Print 7081, and ask that said bill retain its
place on the Third Reading Calendar. And
that's at the request of Senator Nozzolio.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR KUHL: Also, Madam
President, I wish to call up, on behalf of
Senator Spano, his bill, Senate Print 7902,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
5268
1336, by Senator Spano, Senate Print 7902, an
act to amend the General Business Law.
SENATOR KUHL: Madam President, I
now move to reconsider the vote by which this
bill was passed, and ask that said bill be
restored to the order of Third Reading
Calendar.
ACTING PRESIDENT McGEE: The
Secretary will call the roll upon
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
SENATOR KUHL: Madam President, I
now move to discharge, from the Committee on
Rules, Assembly Print 1511B and substitute it
for the identical bill by Senator Spano.
The Senate bill, on first pass, it
was voted unanimously. I now move that the
substituted Assembly bill have its third
reading at this time.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1336, by Member of the Assembly Matusow,
5269
Assembly Print Number 1511B, an act to amend
the General Business Law, in relation to
providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
SENATOR KUHL: Thank you, Madam
President.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
ACTING PRESIDENT McGEE: Yes,
there are.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 37,
5270
Senator Spano moves to discharge, from the
Committee on Rules, Assembly Bill Number 4471A
and substitute it for the identical Senate
Bill Number 4896A, Third Reading Calendar
1445.
On page 37, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1632C and substitute it
for the identical Senate Bill Number 5423B,
Third Reading Calendar 1447.
And on page 38, Senator Larkin
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9574 and
substitute it for the identical Senate Bill
Number 6524, Third Reading Calendar 1452.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolution 4820.
ACTING PRESIDENT McGEE: All
those in favor of adopting the Resolution
Calendar, with the exception of Resolution
4820, signify by saying aye.
5271
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: May we please
have the title read on Senator Breslin's
resolution, 4820, and move for its immediate
adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 4820,
celebrating the dedication of the newest
original Torah in the Capital District, to be
presented on June 25, 2000.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
5272
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
Senator Breslin has indicated that he will
open up that resolution. If anybody wishes to
cosponsor it, they should notify the desk.
ACTING PRESIDENT McGEE: The
resolution is open for cosponsorship. Anyone
wishing to be put on the resolution as
cosponsor, you should do so -- if you do not
wish to be a cosponsor, please notify the
desk.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time may we please have the
noncontroversial reading of the calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
108, by Senator Farley, Senate Print 3554A, an
act to amend the Banking Law, in relation to
the voluntary and involuntary liquidation.
ACTING PRESIDENT McGEE: Read the
last section.
5273
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
213, by Member of the Assembly Schimminger,
Assembly Print Number 323A, an act to amend
the Local Finance Law, in relation to the sale
of 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, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5274
394, by Senator Spano, Senate Print 3117A, an
act to amend the Administrative Code of the
City of New York, in relation to accepting
certain campus peace officers.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
614, by Senator Kuhl, Senate Print 5963, an
act to amend the Education Law, in relation to
providing pupils.
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, 38.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5275
677, by Member of the Assembly Boyle, Assembly
Print Number 9891A, an act authorizing the
assessor of the Town of Islip to accept an
application.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
751, by Senator Seward, Senate Print 7306, an
act to amend the Insurance Law, in relation to
risk-based capital requirements.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5276
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
763, by Senator Fuschillo, Senate Print 7709,
an act to amend the Social Services Law, in
relation to daycare center safety.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
872, by Member of the Assembly Destito,
Assembly Print Number 5463A, an act to amend
the New York State Urban Development
Corporation Act, in relation to the regional
revolving loan trust fund.
ACTING PRESIDENT McGEE: Read the
last section.
5277
THE SECRETARY: Section 3. This
act shall take effect 180 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1060, by Senator DeFrancisco, Senate Print
5880A, an act to amend the Tax Law, in
relation to providing for business tax
credits.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1118, by Senator Fuschillo, Senate Print
5278
7361A, an act to amend the General Business
Law and the Vehicle and Traffic Law, in
relation to providing notice.
ACTING PRESIDENT McGEE: Read the
last section.
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, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1141, by Senator LaValle, Senate Print 7769A,
an act to amend the Public Health Law, in
relation to authorizing HIV testing.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1270, by Senator Stafford, Senate Print 7645,
an act to amend the Education Law, in relation
to the power of a school district.
5279
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, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1294, by Member of the Assembly Weisenberg,
Assembly Print Number 9603, an act to amend
the Retirement and Social Security Law, in
relation to authorizing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
5280
THE SECRETARY: Calendar Number
1330, by Senator Leibell, Senate Print 7548A,
an act to amend the Town Law and the Real
Property Tax Law, in relation to water and
sewer district tax payments.
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.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1383, by Senator Saland, Senate Print 6174B,
an act to amend the Parks, Recreation and
Historic Preservation Law, in relation to
establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
5281
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1401, by Senator Wright, Senate Print 7897A,
an act to amend the -
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1427, by Senator Farley, Senate Print 8061A,
an act to amend the Banking Law, in relation
to revising the qualifications.
ACTING PRESIDENT McGEE: 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, 50.
ACTING PRESIDENT McGEE: The bill
5282
is passed.
THE SECRETARY: Calendar Number
1439, by Senator Spano, Senate Print 8111, an
act to amend the Labor Law, in relation to
requiring proof of payment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1440, by the Senate Committee on Rules, Senate
Print Number 8115, an act to establish
equalization rates.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
5283
THE SECRETARY: Calendar Number
1445, substituted earlier today by Member of
the Assembly Hochberg, Assembly Print Number
4471A, an act to amend the Public Health Law
and the Tax Law, in relation to increasing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect September 1.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: To explain my
vote, Madam President.
This is a very good bill, and I'm
voting in favor of it.
I also want to add that I have a
bill pending which would mandate that any
establishment that sells lottery tickets would
have to become accessible to persons with
disabilities as a part of their getting
renewal for their lottery -- permission to
have the lottery on premises. And I would
5284
encourage my colleagues to join me in trying
to get that piece of legislation passed.
Thank you, Madam President. I'll
be voting yes.
ACTING PRESIDENT McGEE: Senator
Duane in the affirmative.
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1446, by Senator Balboni, Senate Print 5370B,
an act to authorize the Village of Lake
Success, County of Nassau.
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.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5285
1447, substituted earlier today by Member of
the Assembly Jacobs, Assembly Print Number
1632C, an act to amend the Military Law, in
relation to affording police officers.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1448, by Senator Spano, Senate Print 5714A, an
act to amend the Retirement and Social
Security Law, in relation to the application.
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.
5286
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1449, by Senator Skelos -
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1450, by Senator Saland, Senate Print 6258A,
an act to authorize the County of Dutchess to
convey an easement.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
5287
THE SECRETARY: Calendar Number
1452, substituted earlier today by Member of
the Assembly Vitaliano, Assembly Print Number
9574, an act to amend the Retirement and
Social Security Law, in relation to
contribution deficiencies.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1453, by Senator Hannon, Senate Print 6987A,
an act to amend the Public Health Law, in
relation to children's camps.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5288
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1454, by Senator Alesi, Senate Print 7240, an
act to amend the General Business Law and the
Civil Practice Law and Rules, in relation -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1455, by Senator Hoffmann, Senate Print 7824A,
an act to amend the Public Officers Law, in
relation to the defense and indemnification.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
5289
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1456, by Senator Kuhl, Senate Print 7954A, an
act in relation to the use of funds toward the
construction of athletic fields.
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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1457, by Senator Leibell, Senate Print 7977,
an act to amend the Retirement and Social
Security Law, in relation to the employment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5290
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1460, by Senator Volker, Senate Print 8085, an
act to amend the Executive Law, in relation to
the Commission on Forensic Science.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. 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, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1462, by Senator Bonacic, Senate Print 8087,
an act to amend the Environmental Conservation
Law, in relation to municipal recyclables.
5291
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.)
ACTING PRESIDENT McGEE: Senator
Duane, to explain his vote.
SENATOR DUANE: Actually, Madam
President, I was wondering if -- I was having
a little bit of chair trouble -- if 1460 has
not left the house. Did it just go out? I
was hoping that we could withdraw the roll
call so I could ask for an explanation.
ACTING PRESIDENT McGEE: The bill
is gone, Senator. The bill is out of the
house.
SENATOR DUANE: Through you,
Madam President, I was momentarily distracted
because my seat was falling apart and the
maintenance man walked in just as that bill
was coming up.
Is there any way that we could
recall it?
5292
ACTING PRESIDENT McGEE: I'm
sorry, Senator, it's out of the house.
SENATOR SKELOS: Madam President.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Is 1460 still in
the house?
ACTING PRESIDENT McGEE: It's
gone.
SENATOR SKELOS: It's gone.
Could we please proceed.
ACTING PRESIDENT McGEE: Announce
the results on 1462.
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1463, by Senator Hannon, Senate Print 8089, an
act to amend the Public Health Law, in
relation to the establishment.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
5293
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1464, by Senator Farley, Senate Print 8091, an
act to enact the Privacy of Financial
Information Act of 2000.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1465, by the Senate Committee on Rules, Senate
Print 8094, an act to amend the Tax Law, in
relation to the residential fuel oil shortage.
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, 55.
ACTING PRESIDENT McGEE: The bill
5294
is passed.
THE SECRETARY: Calendar Number
1466, by Senator Maziarz, Senate Print 8116,
an act to amend the General Business Law and
others, in relation to enacting the
Telemarketing and Consumer Fraud and Abuse
Prevention Act.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect June 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Maziarz.
SENATOR MAZIARZ: Thank you,
Madam President. To explain my vote.
Madam President, this is an
agreed-upon bill with the Assembly. It enacts
the Telemarketing Fraud and Abuse Prevention
Act. This bill has been a long time in
coming, Madam President. It really, I think,
makes New York State's anti-telemarketing
fraud act one of the best, really, in the
5295
nation.
It's a bill that had a great deal
of support. Particularly I have to mention
the American Association of Retired Persons,
Statewide Senior Action Network, and many
other senior citizen lobbying groups across
the New York State.
It requires telemarketers to be
bonded and registered with the Department of
State. It prohibits telemarketers from
accessing a customer's checking account
numbers, savings account numbers, without the
customer's express written -- written -
authorization. It prevents courier pickups.
And for anyone who is convicted
under this statute, it provides for some very
stiff penalties.
I certainly want to mention my
counterpart, the chair of the Assembly Aging
Committee, Assemblywoman Barbara Clark. Both
of our committees have spent a great deal of
time and effort working with the AARP and
other advocacy groups on this legislation.
Thank you, Madam President.
ACTING PRESIDENT McGEE: How do
5296
you vote, Senator Maziarz?
SENATOR MAZIARZ: In the
affirmative.
ACTING PRESIDENT McGEE: Senator
Maziarz in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1467, by Senator Bonacic, Senate Print 8117,
an act authorizing certain housing authorities
to sell or lease.
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, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1468, by Senator Fuschillo, Senate Print 8132,
5297
an act to amend the Executive Law and others,
in relation to establishing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect April 1, 2001.
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
1469, by Senator Spano, Senate Print 8141, an
act to amend Chapter 640 of the Laws of 1997
amending the Public Health 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, 56.
ACTING PRESIDENT McGEE: The bill
5298
is passed.
Senator Skelos, this completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Crime Victims, Crime and Corrections Committee
in the Majority Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Crime
Victims, Crime and Corrections Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
394, by Senator Spano, Senate Print 3117A, an
act to amend the Administrative Code of the
City of New York, in relation to accepting
certain campus peace officers.
ACTING PRESIDENT McGEE: Shhh.
Senator Spano, an explanation has
been requested.
SENATOR SPANO: Madam President,
5299
this bill is one that provides that campus
peace officers who are presently employed by
the City University of New York would be
subject to the same residency requirements as
all other employees of the City University.
They are the only CUNY employees right now who
are required to live in the five boroughs.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Spano would yield for a
question.
ACTING PRESIDENT McGEE: Senator
Spano, will you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Since the
scope of the duty of the CUNY peace officers
does well within the ambit of law enforcement
apply, my question is that at a time when
there's so much discussion about law
enforcement officials living in the same
communities that they serve, don't you think
that in that respect that divorces the notion
5300
of campus security or campus peace officers at
CUNY being considered along with the other
employees as the same?
SENATOR SPANO: Senator, when
they were originally employed, originally
hired, they were not required to be residents
of the five boroughs. So what we're doing
here is grandfathering in these specific
employees.
All new hires would be subject to
the rules. What we're saying is that you
can't change the rules after the game has
started.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I certainly
understand that, Madam President. And I don't
think people should be victimized by having
their circumstances changed. And I think
Senator Spano's bill, in that light, has a
great deal of merit.
Senator Spano, why did the
regulations change for those employees?
ACTING PRESIDENT McGEE: Senator
Spano, will you continue to yield?
5301
SENATOR SPANO: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR SPANO: Frankly, the
honest answer is I'm not sure why the City
University changed the policy.
And I can't argue with the policy.
All we're saying is that it should be made
prospectively, and that if a person is hired
and then if all of a sudden after the fact
they want to change the conditions of
employment and say that that person now has to
live within the boroughs, we should, just as a
matter of fairness, grandfather those
employees who are there now.
We're not trying to change their
policy. It's up to the City University to
establish policies as they see fit with regard
to employment. We're just saying that they
should be consistent.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Spano would continue to
yield.
5302
ACTING PRESIDENT McGEE: Senator
Spano, will you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Madam
President, I'm not asking Senator Spano a
question as much as I'm trying to get him to
reflect on my understanding of this issue.
So in other words, what you're
saying is for employees that come to CUNY now,
if they would like to change the rules, it's
fine with you if the rules are changed. You
do not want these rules to apply to
individuals who were hired prior to the rules
change.
SENATOR SPANO: That's correct.
SENATOR PATERSON: Thank you,
Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
Oh, I'm sorry. Senator Lachman.
SENATOR LACHMAN: Yes. Will the
Senator yield for a question?
ACTING PRESIDENT McGEE: Senator
5303
Spano, will you yield for a question from
Senator Lachman?
SENATOR SPANO: Yes, Madam
President.
SENATOR LACHMAN: Senator Spano,
you state that initially all of these
employees of the City University of New York,
including the campus peace officers, were
permitted to live out of the five boroughs of
New York City.
SENATOR SPANO: That's correct.
SENATOR LACHMAN: All right. Do
you know when and why there was a change that
prevented the peace officers from leaving the
City of New York?
SENATOR SPANO: I don't have
the -
SENATOR LACHMAN: Why was that
instituted?
SENATOR SPANO: I don't have the
exact date in front of me, Senator. But it
was a change that was authorized by the City
University at some point over the last couple
of years. But I don't have the exact date.
I could try to get it for you, but
5304
I don't have that.
SENATOR LACHMAN: Because I would
like to know if there was a rationale for it
at that time.
Madam Chair, on the bill.
ACTING PRESIDENT McGEE: Senator
Lachman, on the bill.
SENATOR LACHMAN: Since the new
administration of the City University of New
York favors this, I will vote for it even
though I have certain reservations and would
like to know more about this in the future.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: I'm
sorry. Senator Hevesi.
SENATOR HEVESI: Madam President,
on the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Madam
President.
I would also like to have known
5305
when it was that City University took it upon
themselves to eliminate the residency
requirement for their employees. I didn't
know that they could take that action
unilaterally. And had I known it, I would
have opposed it, because I think it's wrong.
And Senator Paterson accurately
reflects the broader concern here with law
enforcement officers and those involved in
similar-type activities residing in the
communities in which they work and live. And
I sponsored a residency requirement bill for
uniformed employees of the City of New York.
So I'm going to oppose this piece
of legislation. You could make an argument
that it is fair to do this only prospectively,
which is what this legislation accomplishes.
But this seems to be somewhat of a mystery to
me how this happened in the first place.
And since I'm uncomfortable with
that and don't have the information as to how
this was enacted in the first place,
grandfathering in a question-marked number of
individuals, because we -- obviously, if we
don't know when this was enacted, we don't
5306
know how many individuals would now be
exempted, I can't in good conscience support
this legislation.
And, Senator Spano, I would
appreciate knowing subsequent to the presumed
passage of this bill exactly what happened
with CUNY.
And frankly, if CUNY has the
independent authority to change residency
requirements, I think that's something that we
need to address. I don't think they should
have that independent authority to do it.
There are much broader questions here that are
addressed by their ability to take that
action.
So I vote no on this piece of
legislation and hope to further investigate
this, because I'm concerned about the issues
surrounding this piece of legislation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5307
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Paterson, to explain his vote.
SENATOR PATERSON: Madam
President, I feel like the tennis ball is
being hit back and forth across the court at
Wimbledon.
At first, Senator Spano did
convince me that we should not be providing
regulations and not allowing those employees
that already exist there to continue under the
terms of their original employment.
But I think that I am more
persuaded by the value of Senator Hevesi's
contribution, which is that all of the
information is too vague at this point, and
also the independent authority to make those
decisions really should vest in a much more
broader decision-making process which affects
all of the employees.
I vote no.
ACTING PRESIDENT McGEE: Senator
Paterson, in the negative.
Announce the results.
THE SECRETARY: Those recorded in
5308
negative on Calendar Number 394 are Senators
Coppola, Duane, Hevesi, Montgomery, Onorato,
Sampson, Seabrook, A. Smith, and Stavisky.
Ayes, 47. Nays, 9.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Would you
recognize Senator Paterson, please.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, I just voted no on the last bill,
but I did not hear it read into the record.
ACTING PRESIDENT McGEE: Also
Senator Paterson will be recorded in the
negative.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, could we lay aside temporarily
Calendar Number 1141 and at this point pick up
Calendar 1401.
ACTING PRESIDENT McGEE: The
Secretary will read 1401.
THE SECRETARY: Calendar Number
5309
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: Explanation.
ACTING PRESIDENT McGEE: Senator
Wright, an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
The bill provides for amendments to
the Real Property Tax and Education Law,
relative to the taxable status of nuclear
plants, and provides local governments with
the local option of negotiating a payment in
lieu of tax agreement with the owners of the
nuclear facilities.
ACTING PRESIDENT McGEE: Senator
Coppola.
SENATOR COPPOLA: Madam
President, would the sponsor be available to
answer some questions, please.
ACTING PRESIDENT McGEE: Senator
Wright, would you yield for some questions
from Senator Coppola?
SENATOR WRIGHT: I will, Madam
5310
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR COPPOLA: Why is there a
need for this legislation? The RG&E plant
already has a tax agreement in place. And how
will this legislation alter the expectation of
those parties? The same is also true for Con
Ed's Indian Point I and II plants, which have
a short-term agreement in place.
Now, why is there a need for this
legislation?
SENATOR WRIGHT: Well, this bill
was advanced by the Office of Real Property
Tax Services, based on a bill we passed a year
ago, a law, signed into law by Governor
Pataki, requiring a study of the impacts of
the real property tax and the sale of
generating assets throughout the state.
That then resulted in a report to
the Legislature in December of '99.
Ultimately it resulted in a program bill being
introduced by ORPS that applied this concept
of a payment in lieu of tax to all generating
assets within the state, tied to an
5311
equalization freeze.
We then took and segregated
components of that bill, introduced them, and
in turn are pursuing these alternatives.
What it does is provide an
alternative for the local governments to
negotiate these agreements outside a
certiorari proceeding, so that they are not
incurring the expense and the litigation of
proceeding through a certiorari proceeding
over the assessed value.
The intent is to provide local
governments with a local option. It can only
be exercised by local governments. It enables
them to control their own destiny, if you
will, relative to phasing down the assessed
values and therefore the absence of revenue
streams to those jurisdictions.
ACTING PRESIDENT McGEE: Senator
Coppola.
SENATOR COPPOLA: I have another
question, please, for the sponsor.
ACTING PRESIDENT McGEE: Senator
Wright, will you continue to yield?
SENATOR WRIGHT: Yes, I will,
5312
Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR COPPOLA: With an issue
of this magnitude of importance, is there a
home rule message, then, that goes along with
this?
SENATOR WRIGHT: No. This is not
a county-specific bill, Senator. This is
statewide legislation available to all
jurisdictions that would be host to a nuclear
facility.
So it's not intended to be local
legislation and therefore would not require a
home rule message.
SENATOR COPPOLA: Well, right now
there's negotiations going on with Nine Mile
I, Nine Mile II. As you know, there was a
stop to that agreement a couple of weeks ago.
They were going to sell the nuclear plants for
$150 million, and yet they were cost out at
$8 billion. Now they're back to auctioning
off those two plants.
Are we making provisions for the
sale in the future of Nine Mile I and II right
5313
now with this bill?
SENATOR WRIGHT: No. Again,
Senator, I would point out we're not doing
anything other than extending an option to
local government. If local government
exercises the option of negotiating with
either Niagara Mohawk or the future owners of
those facilities, that would be a local
government prerogative. It would not be a
decision made by this body.
More importantly, I think if you
point out, as you do -- and we've discussed it
before -- the differences between sale prices
and book prices versus assessed value prices,
we will conclude, and it's very evident, that
most generating assets in this state are
overly assessed.
That, ultimately, is paid for by
the ratepayers. If we're going to have
competitive electric rates in this state,
we're going to need to have competitive taxing
and assessing practices. We do not.
This would facilitate that process,
because as those sales are concluded -- and
we'll use the example of the recent Power
5314
Authority sale of Fitzpatrick and Indian Point
III. It's very evident that they have
achieved the largest price per date of any
nuclear asset sold in the nation. Yet if you
look at that sale price, you'll find that it's
70 percent of book and would be significantly
under-assessed value for comparable
properties.
That would be all reflected in
rates. So if we're going to make electricity
and generation competitive in this state, we
need to address the assessing practices.
SENATOR COPPOLA: Madam Chairman,
can I ask the sponsor another question,
please.
SENATOR WRIGHT: Certainly, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR COPPOLA: How will the
sale of Nine Mile I and II, maybe 200 million
and yet they owe $3 billion, come into play,
then, with this bill?
SENATOR WRIGHT: It would have no
bearing on this bill.
5315
SENATOR COPPOLA: It would have
no bearing on this bill?
SENATOR WRIGHT: No. This bill
provides a procedure whereby local
governments, if they choose to exercise a
negotiation over real property values, would
be exercised by the local government. The
sale of Nine Mile I and II has no bearing one
way or the other.
SENATOR COPPOLA: Thank you,
Senator.
On the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
Coppola, on the bill.
SENATOR COPPOLA: I respectfully
disagree with the Senator.
I feel that the sale of Nine Mile I
and II is going to have an tremendous impact
on that area. I think the mismanagement of
that company is showing right now, and it's
being protected with this bill.
And if it was that important, we
should have had a home rule message from that
area, and requested one, because I think this
is where we're zeroing in. We're throwing
5316
everything into the mix here, but I really
think the bottom line is to protect Niagara
Mohawk.
And I think this is going to come
back to haunt that whole area and possibly the
government of the State of New York for some
kind of assistance down the road, or the
federal government for some kind of assistance
down the road.
Because it's mind-boggling that you
build a plant for $8 billion, you owe
$3 billion at this point in time, and you're
going to sell it for $200 million,
approximately, because they weren't satisfied
with $150 million -- which is on record, it's
all public knowledge.
I just feel that we're making a
mistake, and I'm going to be voting against
this, Madam Chairman. Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5317
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Wright, to explain his vote.
SENATOR WRIGHT: Thank you, Madam
President.
I represent one of the areas that
will be impacted by this legislation. That
area testified at a public hearing that we
held specifically requesting this type of
alternative be made available. And that would
certainly be an action by that local
legislature if they chose to exercise this
option, if in fact it becomes available.
What we are attempting to do, as I
did when I was a local government official, as
I've heard on a regular basis, is not provide
local governments with a mandated solution
from Albany, but to provide them with a
process that is flexible, that they can have
the ability to negotiate and achieve their own
solutions.
In doing so, we've secured the
support of the New York State Association of
Assessors, the New York State School Boards
Association, the Business Council, the Farm
5318
Bureau, as well as local government units.
So it clearly is a local government
bill. It is not intended to address Niagara
Mohawk, regardless of the Senator's
preoccupation with that issue. That is not
what we're doing. We're dealing with
statewide legislation. And I would encourage
my colleagues to adopt it.
Thank you, Madam President. I vote
aye.
ACTING PRESIDENT McGEE: Senator
Wright in the affirmative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1401 are
Senators Coppola, Duane, and Hevesi. Ayes,
57. Nays, 3.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1440, by the Senate Committee on Rules, Senate
Print Number 8115, an act to establish special
equalization rates.
ACTING PRESIDENT McGEE: Read the
last section.
5319
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Wright, an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
This is the same bill that was
before the house a week ago and passed 59 to
nothing.
As some of you may be aware,
there's been a change in chairmanships in the
Assembly relative to the Real Property Tax
Committee. As a result, there was a modest
amendment to this bill, and it has been
reintroduced for passage.
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
5320
is passed.
THE SECRETARY: Calendar Number
1449, by Senator Skelos, Senate Print 6056B,
an act to amend the General Municipal Law, in
relation to a charge for the collection of
parking tickets.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: Calendar Number
1454, by Senator Alesi, Senate Print 7240, an
act to amend the General Business Law and the
Civil Practice Law and Rules, in relation to
the Uniform Trade Secrets Act.
SENATOR HEVESI: Explanation,
please.
SENATOR PATERSON: Explanation.
SENATOR MARCELLINO: Madam
President.
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Can we just
lay 1454 aside temporarily and at this time
pick up Calendar Number 1464.
ACTING PRESIDENT McGEE: The
Secretary will read.
5321
THE SECRETARY: Calendar Number
1464, by Senator Farley, Senate Print 8091, an
act to enact the Privacy of Financial
Information Act of 2000.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Farley, an explanation has been requested.
SENATOR FARLEY: Thank you, Madam
President.
This is a privacy bill, one that I
think it's very important for this house to
pass, and one that can become law.
Basically, this bill enacts in
state law certain protections and requirements
regarding the privacy of financial
information, very similar to the provisions in
the recently enacted Gramm-Leach-Bliley Act.
This bill supplements the federal law, though,
in that New Yorkers are afforded similar
protections through the state law.
You know, as a result, state
residents now will be able to address any
issues, problems or concerns through the state
regulators and state courts.
5322
As primary regulators of New York's
insurance companies and many of its banking
and other financial services companies, the
Insurance Department and the Banking
Department are provided with express statutory
authority to develop regulations, enforce
these provisions, and impose civil penalties
for any violations. A state law will also
allow the state regulators to tailor the
privacy measures to respond or to address
specific needs and concerns within New York
State.
You know, the provisions of this
bill actually requires that financial
institutions annually provide customers with a
copy of their privacy policies and practices.
It ensures that consumers may opt out of
having any personal information disclosed to a
nonaffiliated third party.
I realize that there's concerns
about opt-in. We may all feel that way, but
we want to make sure that this privacy
legislation can become law.
It prohibits the financial
institutions from disclosing an account or
5323
access number to a nonaffiliated third party
for use in telemarketing, direct mail, or
e-mail marketing. It prohibits nonaffiliated
third parties from disclosing any information
that they receive from a financial
institution. It also directs the Banking
Department and the Insurance Department to
establish appropriate standards relative to
administrative, technical, and physical
safeguards.
And it ensures the security and
confidentiality of customers' records and
information. It also protects any anticipated
threats or hazards to the security or
integrity of such records, and it protects
against unauthorized access to or use of such
records and information.
Basically, in a nutshell, that's
about what it does.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
Senator Farley, I may have missed
this, but this is an opt-out bill. Could you
5324
explain how the opt-out provisions work in
this bill, just briefly how they work?
ACTING PRESIDENT McGEE: Senator
Farley, do you yield for a question?
SENATOR FARLEY: Yes.
SENATOR DOLLINGER: Thank you,
Madam President.
SENATOR FARLEY: It gives the
choice to the consumer to opt out and say that
you don't want any of this information
disclosed.
SENATOR DOLLINGER: Through you,
Madam President, there's an amendment at the
desk. I'd ask that the reading of it be
waived and I be allowed to speak on the
amendment.
ACTING PRESIDENT McGEE: There's
an amendment at the desk. The reading will be
waived, and you may speak on the amendment.
SENATOR DOLLINGER: Thank you,
Madam President.
ACTING PRESIDENT McGEE: You're
welcome.
SENATOR DOLLINGER: This is a
bill that does some interesting things. But
5325
one thing that it does that it shouldn't do is
it tilts on its head the issue of when privacy
is best protected.
Privacy, individual privacy of
nonpublic information such as would be
available from these financial institutions is
information that is actually technically owned
by the financial institution, but the only
person for whom it is relevant is the
individual themselves.
And it seems to me that before -
if this information were in my possession and
I had not transferred it to a financial
institution, I certainly think that before it
becomes public someone should come to me and
ask me not the question of whether we're going
to release this information unless you do
something -- instead, they should come to me
and say, Rick, can we have your permission to
release this information?
And because it's information about
me that relates to me, no one should give that
information away without my express approval.
After all, if Senator Smith came to
me and said, Rick, I'd like to know your
5326
Social Security number or your financial
account information or information about your
mortgage, I could look Senator Smith in the
eye and say, Wait a second, that's none of
your business, I'm not going to tell you.
And, guess what, I'm not going to let you deal
with that information unless you get my
express written permission.
And it seems to me that the same
thing is true even if I transfer that
information to a financial institution. That
institution should not be allowed to deal with
this nonpublic information and disclose it
without written permission from me.
Senator Farley's bill says if -
this information, when you give it, when you
disclose it to the bank, this personal
information, the bank is required to tell you:
Oh, by the way, we may give this information
to someone else and, if you don't want us to
give it away, tell us. Sign a statement that
says you don't want it given away.
I would suggest, Senator Farley,
while this bill does a couple of very good
things, this provision is defective. Because
5327
this is information about me. It's
information about my constituents. It's
information about you. And no one should give
that information away without my express
approval. And the banks should not be in
position where they put together a little tiny
form that says, at the bottom, Oh, by the way,
Rick Dollinger, be very careful, we may give
this information to someone else unless you
tell us we can't.
I think it's time for us to deal
with the Information Age and deal with
information privacy and say to banks or
insurance companies or anybody else: You want
Rick Dollinger's nonpublic information, you've
got to get his express written consent.
This amendment says let's do it
that way, let's let people opt in before this
vast well of information is compiled. Let's
let the banks convince me that it's the right
thing for me to do to give away my nonpublic
information. Let's put the onus on them to
tell me it's a good thing for me to give away
my nonpublic information.
I would suggest that they would
5328
have an enormously difficult time convincing
this state senator or any one of the 61 people
in this chamber that they should freely
disclose or sell to a third party nonpublic
information.
I would suggest that this amendment
be tailored to this bill. I would move the
amendment, Madam President, and ask for its
consideration by the house.
ACTING PRESIDENT McGEE: The
question is on the amendment. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Nay.")
ACTING PRESIDENT McGEE: The
amendment is defeated.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, will Senator Farley yield for just
one other question on one other aspect of the
bill?
SENATOR FARLEY: I will be
delighted.
5329
SENATOR DOLLINGER: Through you,
Madam President. Does this bill create a
private right of action on behalf of the
individual whose nonpublic information is
disclosed? Does this create a liability on
the part of the bank or financial institution
to the individual themselves?
SENATOR FARLEY: To my knowledge,
it does not. I think that's the Bank
Department's and the Insurance Department's
prerogative to prosecute here.
SENATOR DOLLINGER: Okay. Again,
through you, Madam President, I thank Senator
Farley for his explanation and his response to
the question.
I'm going to vote against this
bill. I would urge everybody to vote against
this bill. Not only does it not have the
opt-in provision, which in my judgment is the
better way to protect the privacy of everyone
in this state -- and, I daresay, protect the
privacy of everybody in this chamber. I would
think if a bank asked any one of the 61
members of this Senate, Do you want nonpublic
information about you disclosed or for sale,
5330
everybody in this chamber would say no. I
would suggest most people in this state would
say no. And that's the reason why we should
have an opt-in instead of an opt-out
provision.
But even more importantly, Madam
President, this bill leaves the victim, the
person whose privacy is violated, with no
direct recourse against the banks. This bill
simply says that the Superintendent of Banks
can fine or impose penalties against the banks
if they violate this provision.
Well, I've got news for you. It's
very little consolation to me personally if
banks give out my information, whether I
approved it or not, or violate this proposed
bill, it will be very little consolation to me
when they say, Oh, by the way, did you know
that the bank that violated your privacy had
to pay a $500 fine to the Superintendent of
Banks?
I would suggest that that is
absolutely no way to police the unlawful
disclosure of information under this bill.
Let's be candid with people. If we're going
5331
to have an opt-out provision, if that's the
way this bill is going to go, tell people if
their rights are violated by the banks they've
got to pay the victim, not pay the State
Banking Department. Create a private right of
action on behalf of people whose privacy is
violated. Otherwise, the bill is defective.
ACTING PRESIDENT McGEE: Senator
Farley.
SENATOR FARLEY: Thank you, Madam
President.
Rick, nobody has got the perfect
bill. And this certainly is not it. But it
is a step forward. You've got a situation
here where it mirrors the federal legislation.
The federal legislation is opt-out. They are
looking at the possibility of opt-in. There's
some concern that people may be precluded,
particularly lower-income people, from getting
mortgages, and financial transactions that
could be affected that way.
New York is not an island. We are
still the financial center of the world,
although the feds want to eat our lunch all
the time in this area. But this is an
5332
important step forward. It does move us
forward in the area of privacy. It's not
perfect. I don't have the perfect piece of
legislation. I'm sure only my colleagues do.
But this is a piece of legislation
that's been worked on, I think it's a
reasonable one that addresses privacy. It is
also a reasonable one that could become law.
And as I said, it mirrors the federal
legislation. It levels the playing field and
brings New York into the area of addressing
privacy. And I urge its passage.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect November 13, 2000.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Madam
President, I'll be very brief. I made my
point about the bill earlier.
I just want to remind everyone what
5333
the definition of nonpublic personal
information is. It includes personally
identifiable financial information provided by
a consumer to a financial institution
resulting from any transaction with the
consumer or any service performed for the
consumer.
I assume that this means someone
could find out what I charge on my charge
account. I just bought a new house, I just
gave the bank my three years of income-tax
returns. Quite frankly, Madam President, I
don't want anybody to give that information to
anyone without my personal consent. And the
opt-out provision here doesn't do that.
ACTING PRESIDENT McGEE: How do
you vote, Senator Dollinger?
SENATOR DOLLINGER: I vote in the
negative.
ACTING PRESIDENT McGEE: Senator
Dollinger, in the negative.
Senator Paterson.
SENATOR PATERSON: Madam
President, I vote in the negative as well.
I think that we are chipping way at
5334
the rights of privacy in this country. What
we have now is a way in which companies and
banks and other credit organizations can send
something to you in the mail and they
basically tell you've got it unless you
indicate otherwise.
So the opt-out provision, even in
this case, which is a little different -- but
the opt-out provision really means that you've
got to go public to say that you want to be
private. I don't that that's actually
privacy. I think that privacy means leave me
alone and if I'm interested, I'll come
forward.
And I don't think that this bill
even begins to address the serious issue that
you hear more and more of the public rebelling
on, and a situation that we're going to have
to address sooner or later. So I don't see
any reason why we don't address it now.
ACTING PRESIDENT McGEE: How do
you vote, Senator Paterson?
SENATOR PATERSON: I vote no.
ACTING PRESIDENT McGEE: Senator
Paterson in the negative.
5335
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1464 are
Senators Coppola, Dollinger, Gentile, Onorato,
Paterson, Seabrook, and Stavisky. Ayes, 54.
Nays, 7.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator LaValle.
SENATOR LAVALLE: Madam
President, can I have unanimous consent to be
recorded in the negative on Calendar Number
1401.
ACTING PRESIDENT McGEE: Without
objection, so recorded.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, can we at this time take up
Calendar 1141, by Senator LaValle.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1141, by Senator LaValle, Senate Print 7769A,
an act to amend the Public Health Law, in
relation to authorizing HIV testing.
5336
ACTING PRESIDENT McGEE: 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.)
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. I'm explaining my vote.
ACTING PRESIDENT McGEE: To
explain your vote.
SENATOR DUANE: Thank you.
I'm explaining my vote, which
thanks to the sage advice given yesterday by
Senator Kuhl, we were all reminded I can do -
only do in two minutes. But fortunately, this
bill is not really even worth two minutes of
my time or anyone else's time.
I would like to applaud the sponsor
for at least presenting this bill when I was
actually in the chamber, as I am the only
person in the chamber that we know of who does
have HIV, as opposed to trotting the bill out
5337
when the sponsor knew that I would not be in
the chamber. But -
ACTING PRESIDENT McGEE: Senator
Duane, just one moment.
Shhh.
SENATOR DUANE: Thank you, Madam
President.
But I would have thought that a
body such as this one, which so recently
passed meaningful hate crimes legislation,
would stay away from such stupid and
completely unnecessary bills.
If people need some more
information on HIV and its transmission, I
would be more than happy to give any of my
colleagues here an AIDS 101 lesson. Or if
they would prefer, I could hook them up with a
an AIDS educator from wherever you live in the
state of New York, including and especially
Long Island, which has some excellent AIDS
education programs. I'm sure they will they
would be more than happy to provide the most
rudimentary AIDS education for those members
in this body who need it.
I would encourage my other
5338
colleagues in the body to join me in showing
that we are not an uneducated body when it
comes to AIDS and HIV transmission issues and
vote in the negative on this, as I said
before, stupid and unnecessary legislation,
which I'm sorry to say doesn't even warrant
two minutes of time.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Senator
Duane in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1141 are
Senators Connor, Duane, Montgomery, Paterson,
and Santiago. Ayes, 56 -- also Senator
Mendez. Ayes, 55. Nays, 6.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, as a point of information to my
colleague Senator Duane and anyone else who
listens, bills are called up in this chamber
in regular order as they are reported to the
calendar.
5339
No member has ever asked that a
bill be put on the floor while another member
is out of the chamber, so as to sneak it by
anybody. I personally resent that particular
comment, because it has never been done in
this chamber and never will be done in this
chamber, under the leadership of Majority
Leader Joseph Bruno or any other member in
this house.
It has always been the Majority's
opinion that if a member has asked -- and we
did it several times yesterday when one of the
Minority members was out of the chamber and
wished to debate a bill. We held the bill
back so that person could be called back from
his committee meeting and have the right to
debate the bill as they saw fit.
Any characterization to the
otherwise or to the contrary is simply wrong.
And you frankly owe an apology to every member
in the house for the comments.
That being said, those members who
wish to be recorded on votes, please be in
your seats, because the secretaries are having
trouble finding people and knowing exactly how
5340
you're voting. And if you're not in your
seat, they can't tell.
And those members who have bills on
the floor that have been laid aside, please be
available so that when your bill is called, we
can move the process and move the debate along
as the day progresses.
With that being said, Madam
President, can we now take up Senator Alesi's
bill, 1454.
There will be a Rules Committee
meeting in the Majority Conference Room at
12:30.
ACTING PRESIDENT McGEE: There
will be a Rules Committee meeting in the
Majority Conference Room at 12:30.
The Secretary will read.
THE SECRETARY: Calendar Number
1454, by Senator Alesi, Senate Print 7240, an
act to amend the General Business Law and the
Civil Practice Law and Rules, in relation to
the Uniform Trade Secrets Act.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Alesi, an explanation has been requested.
5341
SENATOR ALESI: Thank you, Madam
President.
This bill allows New York State to
join 41 other states since 1979 in the
adoption of the Uniform Trade Secret Act.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. Is Senator Alesi -- has
Senator Alesi completed his explanation?
ACTING PRESIDENT McGEE: Senator
Alesi, I believe you have completed your
explanation; is that correct?
SENATOR ALESI: You believe that
correctly, Madam President.
ACTING PRESIDENT McGEE: He has
done so, Senator Paterson.
SENATOR PATERSON: Would Senator
Alesi yield for a question.
ACTING PRESIDENT McGEE: Senator
Alesi, will you yield for a question from
Senator Paterson?
SENATOR ALESI: I always enjoy
dialogue with Senator Paterson. And, yes, I
will yield.
5342
ACTING PRESIDENT McGEE: Senator
Paterson, Senator Alesi yields.
SENATOR PATERSON: Madam
President, my feelings are very similar.
I would like to inquire as to
whether or not there have been any recent
thefts of trade secrets that should concern us
right now that might have prompted this bill.
Or maybe was Senator Alesi thinking ahead? In
view of the Los Alamos federal government
documents being missing, maybe that might have
motivated him.
But I'm just wondering if there
were any trade secrets that would apply to
this legislation that are -- that were stolen
at this particular time.
SENATOR ALESI: Through you,
Madam President. In response to my esteemed
colleague, I generally do try to think ahead,
and probably a portion of that is attached to
my efforts on this bill.
Regarding any trade secrets that
have been recently or currently under theft, I
can't directly answer that, because it is not
related to some specific action.
5343
What this bill really does is it
brings New York State into the realm of 41
other states that have understood the need for
uniformity. Because as I understand it in
this state, trade secrets and the
misappropriation of same are handled in common
law, and there's no uniformity in the way that
they are dealt with.
This would also give New York State
a tremendous advantage as we progress through
the high-tech era that we don't have now that
those other states do have in the protection
of secret materials. And therefore, that is
the major reason behind bringing this bill to
the floor today.
SENATOR PATERSON: Madam
President.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Alesi would continue to
yield.
ACTING PRESIDENT McGEE: Senator
Alesi, do you continue to yield?
SENATOR ALESI: Yes, Madam
5344
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Actually,
Madam President, although I raised the
question earlier, I don't think that there has
to be any recent activity that would be
catalyst for the formulation of this
legislation.
Senator Alesi is right, that we're
moving into an age of greater communication
and the opportunity and different types of
ways in which very important information can
be extracted from entities that are trying to
protect themselves from violations. So in
that respect, the fact that Senator Alesi
wants to bring us in conformity with the
Uniform Trade Secrets Act is quite
commendable.
I'm concerned -- well, before I
even address what I'm concerned about, just
for edification, if Senator Alesi would
explain to us how are entities protected from
trade secret violations under the law right
now.
5345
SENATOR ALESI: Through you,
Madam President. As I understand it, there is
a federal patent law that does offer some
protection. But in New York State, the
situation of knowledge theft or technology
theft is handled in common law. And again, as
I understand it, there is no uniform approach
for treating those issues.
The underlying reason for doing
this, as I stressed earlier, is that 41 other
states have done it.
And for those businesses that are
doing business and engaging in enterprise not
only in this state but across the country and
internationally, providing some uniform
treatment for the misappropriation of trade
secrets is vitally important to the economy of
New York State as it relates to those
high-tech firms that either operating here or
would consider operating here.
And for those that are considering
operating here, if they recognize that there
is a potential defect in the way that
misappropriation of secret knowledge is
treated in the law here, they might decide to
5346
locate elsewhere.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. Senator Alesi has addressed
the ways in which this legislation protects
industry. I'd like to turn the discussion to
how we can protect the public and ask Senator
Alesi to yield to a question.
ACTING PRESIDENT McGEE: Senator
Alesi, will you continue to yield?
SENATOR ALESI: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, let's
look at the possibility of civil litigation
and criminal liability. Let's say that a
company has some trade secrets that are
actually contradicting what the company is
telling the public.
For an example, let's take a
tobacco company for a scenario, where an
employee publicizes information showing that
cigarettes, let's say, are harmful to a
person's health and that a tobacco company has
5347
documented this over a number of years but has
actually lied to the public. So let's say an
inside employee becomes a whistle-blower to
the public.
Technically, there might not be any
criminal liability, but there could certainly
be a lot of civil litigation because of the
disclosure of this information.
Would the Uniform Trade Secrets Act
actually inure to the detriment of a
whistle-blower who's coming forward with
information that the public, we would assume,
needs to know?
SENATOR ALESI: Through you,
Madam President. As you know, under the
leadership of this Majority, we have dealt
with the issue of whistle-blower protection.
And under those circumstances, anybody who is
providing information for the benefit of the
good of society in this state would be
protected therein.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator Alesi would continue to
5348
yield.
ACTING PRESIDENT McGEE: Senator
Alesi, will you continue to yield?
SENATOR ALESI: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: For the
purpose of clarity, I'm just wondering, Madam
President, whether or not any of those
protections are contained in this legislation
and, if not, would it be possible perhaps for
Senator Alesi to consider putting that in.
Because we really don't want to
create a chilling atmosphere for people who
would come forward with information that might
lead to the prosecution of the heads of
different companies that are engaging in an
illegal activity, nor would we want to protect
those who are creating a malfeasance of public
responsibility in their companies by
withholding evidence that would affect the
safety or public health.
SENATOR ALESI: Thank you, Madam
President. I'm advised that at least in terms
of what this bill provides, as relates to the
5349
Senator's question, that no other sections of
the law that would cover the circumstances
that he is defining for us would be affected.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: I'm sorry,
Madam President, could the Senator just repeat
that last part? I didn't hear it.
ACTING PRESIDENT McGEE: Senator
Alesi -
SENATOR ALESI: I'd be happy to.
ACTING PRESIDENT McGEE: -- would
you like to repeat the last part that he
didn't hear.
SENATOR ALESI: That no other
provisions of the law that would cover the
circumstances such as the Senator has
described would be affected by this particular
legislation.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Then, Madam
President, if the Senator would yield for a
question.
ACTING PRESIDENT McGEE: Senator
5350
Alesi, do you continue to yield?
SENATOR ALESI: I will, yes.
SENATOR PATERSON: Does the
Senator see that a -- an employee of a company
or a member of the public who would like to
disclose information that they deem to be
important to be held under the public scrutiny
would in any way be dissuaded by the
legislation?
SENATOR ALESI: Madam President,
through you. Senator, if you would be kind
enough to repeat that question for me.
SENATOR PATERSON: Madam
President.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: My question
relates to whether or not a member of the
public or an employee of a company that sees
an important public need that they feel would
be sustained by court action, would that
person or employee be impeded or feel in any
way dissuaded from disclosing that information
by the passage of this bill?
SENATOR ALESI: Through you,
5351
Madam President. I don't believe that they
would be impeded. And that is not the intent
of this legislation, to create such an
impediment.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, under the legislation it would
appear to me that a person that would be
revealing secret documents, secret
information, would be liable for damages under
this bill.
If Senator Alesi would yield for a
question, my question is, is that a correct
evaluation of the legislation?
ACTING PRESIDENT McGEE: Senator
Alesi, do you yield?
SENATOR ALESI: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
Would you repeat your question,
Senator Paterson.
SENATOR ALESI: I'll be with you
in just a minute, please.
ACTING PRESIDENT McGEE: Thank
5352
you.
SENATOR PATERSON: While we're
waiting, Madam President, how are you today?
SENATOR ALESI: Thank you, Madam
President. Thank you for your patience,
Senator.
I've been advised that under
Section 279 of this particular bill,
whistle-blowers, as you describe them, would
be protected. And therefore there would be no
impediment, as you asked in your previous
question.
SENATOR PATERSON: Therefore,
Madam President, as I assume the Senator would
be willing to yield for another question -
SENATOR ALESI: The assumption
would be correct, Madam President.
ACTING PRESIDENT McGEE: That is
correct, Senator Paterson.
SENATOR PATERSON: -- the civil
liability would be incurred by a person that
is just releasing the documents out of some
purpose other than for the public good?
In other words, the bill still does
protect companies -- the bill would still
5353
allow for the company to take action against
individuals for civil damages for violation of
this act; that's correct?
SENATOR ALESI: Through you,
Madam President. I believe at least in terms
of the circumstances described by the Senator
regarding a whistle-blower would not -- would
be covered, as I said, under this Section 279.
Let me also stress that the
misappropriation of information or trade
secrets that is covered in this bill, the
thrust behind all of that is the
misappropriation for the profit or for the
self-aggrandizement of the person who is
misappropriating the information.
And by disseminating information to
the public for the public good, that would not
be construed as misappropriating it for
personal gain. And so therefore, even under
those circumstances, this bill would not be an
impediment.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if we could move away from the
5354
whistle-blower for a moment and just talk
about someone who is violating the statute.
They would be liable for damages
under this legislation, would they not,
Senator?
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: Someone who is -
through you, Madam President, someone who is
misappropriating trade secrets, as defined in
this bill, for the purpose of self-enrichment
would be in violation of the proposed Uniform
Trade Secret Act.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. I'm quite in agreement with
the purpose of the legislation. If Senator
Alesi would yield for one last question.
ACTING PRESIDENT McGEE: Senator
Alesi, will you yield for one last question?
SENATOR ALESI: Only one? I'd be
happy to.
ACTING PRESIDENT McGEE: I
believe the Senator yields.
5355
SENATOR PATERSON: There can be
only one last question.
Senator, can you distinguish for
those of us in the chamber where the bill
indicates the protection for the
whistle-blower under Section 279? Because
there are a lot of subdivisions there, and I
couldn't find it up to now.
Can you show us how you distinguish
the whistle-blower from the violator who does
it for self-enrichment under the statute? I
just want to see where it is, for my own
understanding.
SENATOR ALESI: Through you,
Madam President, I'm advised -- and again, I'm
referring to Section 279T -- that if you look
at 2.3 that it does provide that -- other
civil remedies that are not based upon a
misappropriation of a trade secret or criminal
remedies whether or not based upon a
misappropriation.
So they are covered there, Senator.
ACTING PRESIDENT McGEE: Thank
you.
Senator Hevesi.
5356
SENATOR HEVESI: Madam President,
would the sponsor yield to a question?
ACTING PRESIDENT McGEE: Senator
Alesi, will you yield to a question from
Senator Hevesi?
SENATOR ALESI: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you,
Senator Alesi. I've got a question for you
relating loosely to what Senator Paterson was
talking about.
And if we accept that there is
protection for whistle-blowers in this
legislation -- and it's a little bit vague,
but accepting that that's the case, I'd like
to give you a hypothetical situation where not
providing protection -- not in the case of a
whistle-blower, but in a different case -
would not be in the public interest and would
potentially prevent a public protection as a
consequence of your legislation.
So let me -- can I lay out the
hypothetical and get your reaction to it,
Senator?
5357
SENATOR ALESI: Through you,
Madam President, I'd be willing to entertain a
hypothetical set of circumstances and a
question attached thereto.
SENATOR HEVESI: Thank you,
Senator.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Let's say,
Senator Alesi, I am a mid-level manager
working for Ford Motor Company in New York
State. I'm in the research and development
unit, and I know that my unit is currently
pioneering a new technology where a chemical
substance, if introduced to another chemical
substance, will turn this small amount of a
substance into an unbelievably dense, foamlike
substance and rapidly expand, instantaneously.
And we've tested this at my company
in order to possibly use this substance,
similar to the way an airbag is used, that the
second you have some kind of impact on the
side of the car, jets all over the passenger
compartment and the driver compartment would
stream this foam out, and it would have the
5358
same kind of effect that an airbag would have,
but it would provide greater protection for
the entire body. Because, as you know now, an
airbag only protects the upper body and the
head.
And we test it and it works, and it
works wonderfully. And it saves people from
not only life-threatening injuries, it saves
them from broken legs and what have you.
Works wonderfully.
So we go and we test it to see can
we produce this whole mechanism based on this
chemical discovery which would be a trade
secret in your bill, and we find out that at
the current time it would cost -- it would
drive up the cost of each individual
automobile equipped with this safety device by
several hundred dollars. And we're not sure
whether we could do it profitably at this
current time.
As a result, Ford Motor Company -
and I know this -- now decides that they are
not going to produce this and offer this to
consumers in New York State for one year. I
don't say anything, as the mid-level manager,
5359
knowing that a technology now exists to
protect people and, because we don't think
it's profitable at Ford Motors, then people
are not being protected.
A second year goes by. Still Ford
does nothing with this new technology. And as
we start the third year, I can't take it
anymore. I'm not a whistle-blower. I take
this new technology, and I go to another
company. I leave my company, and I give it to
General Motors for them to go market it.
And so General Motors now is given
this technology, they market it, they do it in
a profitable way, and now people are
protected.
Under your bill, can Ford sue me
personally and am I personally liable for this
type of revelation of the technology? And if
so, is that what we want to do here?
SENATOR ALESI: Through you,
Madam President. Since that was a
hypothetical question, let me give an answer
relative to the circumstances that the Senator
described.
Under common law, as I understand
5360
it, such a lawsuit could occur in any event.
And in the hypothetical set of
circumstances that the Senator described, he
didn't indicate whether or not that employee
might have a contract with the Ford Motor
Company or whatever other company he or she
would be working for.
But in view of the circumstances
that he described, a person could be sued
under common law, and he or she could be sued
under this particular piece of legislation as
well.
And I think that the hypothesis
offered is a noble one in pointing out that
there are possible benefits for anybody to
take knowledge that is acquired and
disseminate it for the common good and for the
protection of society.
But I think that we're moving away
from the main theme of this bill. And the
main theme of this bill simply is to take the
misappropriation of trade secrets for personal
enrichment and put it into a uniform code so
that New York State, like 41 other states and
the District of Columbia, can have some
5361
uniformity in the application of the law when
it comes to the misappropriation of trade
secrets.
And that would be a tremendous
economic development boost to our state, which
is continuing on a day-to-day basis to try to
enhance the location of high-tech and other
businesses in New York State and provide the
necessary jobs for the quality of life for our
residents and taxpayers in this state.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Thank you, Madam
President. If the sponsor would yield to one
brief question.
ACTING PRESIDENT McGEE: Senator
Alesi, will you yield to one brief question?
SENATOR ALESI: According to
Senator Paterson, no. But according to
myself, Madam President, yes, I will.
ACTING PRESIDENT McGEE: Senator
Alesi yields. Senator Paterson, no.
SENATOR HEVESI: Thank you,
Senator Alesi.
Last year this house unconscionably
5362
repealed the commuter tax, denying New York
City hundreds of millions of dollars in
revenue in perpetuity. In that legislation
there was a section which said essentially if
any section of that law is ruled
unconstitutional, the entire tax for everyone
shall no longer apply.
You've got a severability clause
which is loosely analogous to that in this
bill, in Section 279V. My question to you is,
do you anticipate or do you expect that there
is a section of this legislation that might be
unconstitutional?
SENATOR ALESI: Through you,
Madam President. Without responding to the
commuter tax, because that's irrelevant and
immaterial to the bill at hand, I would answer
to say, as far as the question of
constitutionality is concerned, if I
anticipated that that would be a defect in
this legislation, I would not be bringing the
legislation to the floor for consideration.
SENATOR HEVESI: Thank you.
On the bill, Madam President.
ACTING PRESIDENT McGEE: Senator
5363
Hevesi, on the bill.
SENATOR HEVESI: Senator Alesi,
since I know that you were not the sponsor of
the commuter tax repeal, I respect that last
comment.
Having said that, those who brought
that legislation knew it was unconstitutional
on its face and did it because it was
unconstitutional and that as a result the
entire tax would be denied to the City of New
York, and it was the only way to remove that
tax for New York State suburban residents.
Having said that, I like your bill.
I think it's a good bill. I am concerned,
however, because of the issue raised by
Senator Paterson and myself in relation to
wrongdoers and the other admittedly somewhat
narrow circumstance that we could have a
situation where somebody is dissuaded from
protecting the public interest as a
consequence of the possibility of a lawsuit
against them for disclosing information that
someone has deemed to be a trade secret.
I'd love to support this bill. And
I would if it had just an exemption in this
5364
case. And I guess we could define it somewhat
narrowly, but if there was a public protection
clause built in here, if we put wrongdoers -
whistle-blowers, rather, directly in here and
had some overarching exception so that we
didn't have the unfortunate situation that I
outlined, which I believe very realistically
could occur, I'd be happy to support the bill.
In its absence, I'm going to vote
no on this legislation. But I do commend the
sponsor for bringing it. I understand the
purpose. I think it's a well-intentioned
piece of legislation, and I very much
appreciate his taking the time to debate this
important bill.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. On the bill.
I also appreciate Senator Alesi
bringing this bill up, because I think this is
a critically important issue, the protection
of trade secrets. But I'm going to vote
against the bill because I believe that the
definition of "trade secret" in the bill is
5365
too broad. Let me tell you why.
It currently says that "a trade
secret means any information, technical and
nontechnical" -- any information -- and then
it lists the standard phrasing we have in many
of our statutes, "including but not limited to
a formula, a pattern, a compilation, a
program, device, method, technique or
process," and then it says "that derives
independent economic value, actual or
potential, from not being available to the
general public."
My biggest concern is that this is
too broad, because this will include all
customer lists maintained by any employer.
Generally the rule in New York is
that a customer list, if it's comprised of
names that are generally available in the
telephone book, who are a drugstore or a -
let's use an example like a furniture
salesman, where you sell to furniture
companies. Well, you can go to the telephone
book, look under furniture companies, and
you'll know who they all are.
Under most rules in most cases in
5366
this state, they have held that that's not a
trade secret if it's information that you can
get from the telephone book.
My concern is that this, in
essence, says any compilation of information
maintained by the employer will be considered
to be a trade secret. What that means as a
practical matter is that almost every employee
of every corporation will have access to some
information that the employer could treat as a
trade secret. Why is that critically
important?
I believe in the free flow of
ideas. We have a federal system that protects
patents and trademarks and copyrights. But
those patents can expire after 17 years. A
trade secret could be kept secret forever.
And as a consequence, the ideas that go into
trade secrets, the free flow of ideas that has
been such a boom to America in the last twenty
years may be substantially restricted if
employers begin to classify all their
information -- their customer lists, the way
they build specific products, the way they
manufacture chairs -- they'll say this is a
5367
trade secret right here, because you wouldn't
know how to build a chair like this unless you
went to work for me.
Well, my guess is that the actual
trade secret included in building that chair
is nonexistent. But an employer will claim
it's a trade secret. And when the employee
signs his employment agreement, there will be
a statement in there that says, We consider
all these things to be trade secrets, and
therefore, if you ever leave us, you can never
go to work for a chair-manufacturing company
again.
What it will do is it will put
substantial restrictions on the free movement
of employees between a current employer and
the employer's competitors. And the employee
who has a better idea that the current
employer doesn't accept will be unable to go
to his new employer and take that better idea
with him.
That kind of free flow of ideas is
what's critical to the growth and development
of America's economy. One guy going out and
saying, I can do it better even than my
5368
current employer. I think there was a guy
named Bill Gates who once said to Xerox, "I've
got a better way to do this. I think I'll
take my idea that I developed while working
for you and I'll go put it to good use."
I would suggest that the danger
here is that with trade secrets so broadly
defined, we're going to restrict that free
flow of ideas.
I would suggest, Senator Alesi, the
bill does some good things, and I think it's
got some balance to it, but I would narrowly
confine what a trade secret is only to those
aspects of a business operation that are
generated by the employer, that are vital to
the employer's main business, and to which the
employee would never be able to gain access
unless he served under that specific employer.
Otherwise, we define trade secrets
too broad, employers will push the envelope on
trade secrets, we'll have less interchange of
ideas, less free flow of ideas in our
marketplace, and unfortunately in the long
run, in my judgment, less economic
development.
5369
I would suggest the bill does some
good things. If it's more narrowly tailored,
I might vote for it someday in the future, but
not today.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect 180 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1454 are
Senators Connor, Dollinger, Hevesi, Paterson,
and Schneiderman. Ayes, 56. Nays, 5.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Meier.
I'm sorry, Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes,
Madam President, thank you. I rise to request
unanimous consent to be recorded in the
negative on Calendar Number 394 and 1464.
ACTING PRESIDENT McGEE: Without
objection, you will be so recorded.
5370
Senator Meier.
SENATOR MEIER: Madam President,
can we please call up Calendar 1090, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1090, by Senator Spano, Senate Print 6385A, an
act to amend the Public Health Law, in
relation to the establishment of a separate
regional emergency medical services council.
ACTING PRESIDENT McGEE: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, thank
you, Madam President. I would request
unanimous consent to be recorded in the
5371
negative on Calendars 394 and 1464, following
in the footsteps of Senator Smith.
ACTING PRESIDENT McGEE: Without
objection, so recorded.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
if we could return to the order of reports of
the standing committees, I believe there's a
report of the Rules Committee at the desk.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read the report
of the Rules Committee.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1802, by Senator
Padavan, an act to amend the Criminal
Procedure Law;
2716, by Senator Volker, an act to
amend the Tax Law;
2719B, by Senator Nozzolio, an act
to amend the Vehicle and Traffic Law;
5372
2842A, by Senator Nozzolio, an act
to amend the Vehicle and Traffic Law;
3584B, by Senator Seward, an act to
amend the Insurance Law;
3924A, by Senator LaValle, an act
to amend the Real Property Tax Law;
5398, by Senator Saland, an act to
amend the Social Services Law;
6250C, by Senator Velella, an act
to amend the Criminal Procedure Law;
6994A, by Senator Larkin, an act to
create the Thrall Public Library District;
7504A, by Senator Balboni, an act
to amend the Real Property Tax Law;
7636A, by Senator Velella, an act
to amend the Agriculture and Markets Law;
7815, by Senator Breslin, an act in
relation to allowing Nancy Jordan;
7863, by Senator Leibell, an act to
amend the Public Authorities Law and the
Retirement and Social Security Law;
7895, by Senator Hannon, an act to
amend the Public Health Law;
7926, by Senator Rath, an act to
amend the Transportation Law and the Vehicle
5373
and Traffic Law;
7930A, by Senator Skelos, an act to
amend the Public Authorities Law and the Tax
Law;
7938B, by Senator Marcellino, an
act to authorize the County of Nassau;
7978, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
7984, by Senator Trunzo, an act to
amend the Tax Law;
7988A, by Senator Meier, an act to
amend the Public Health Law;
7993, by Senator Stafford, an act
in relation to water and wastewater;
7998, by Senator Kuhl, an act
authorizing the trustees of the
Steuben-Allegany Board;
8002, by Senator Velella, an act to
amend the Civil Practice Law and Rules;
8013, by Senator Wright, an act to
amend the Tax Law;
8029, by Senator Padavan, an act to
amend the Real Property Tax Law;
8076, by Senator Velella, an act to
5374
amend the Vehicle and Traffic Law;
8080, by Senator Meier, an act to
amend the Civil Rights Law;
8096, by the Senate Committee on
Rules, an act in relation to awarding;
8128, by the Senate Committee on
Rules, an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law;
8150, by the Senate Committee on
Rules, an act to amend the Tax Law;
And 8167, by the Senate Committee
on Rules, an act to amend the Tax Law and
others.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I move to accept the report of the Rules
Committee.
ACTING PRESIDENT McGEE: The
motion is to accept the Rules report. All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
5375
nay.
(No response.)
ACTING PRESIDENT McGEE: The
report is accepted.
Senator Meier.
SENATOR MEIER: Madam President,
could we stand at ease for a few minutes while
they distribute the supplemental calendar.
ACTING PRESIDENT McGEE: We'll
stand at ease for one moment, please.
(Whereupon, the Senate stood at
ease at 1:20 p.m.)
(Whereupon, the Senate reconvened
at 1:30 p.m.)
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, can we please take up the
noncontroversial reading of Supplemental
Calendar 57A, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1470, by Senator Padavan, Senate Print 1802,
an act to amend the Criminal Procedure Law, in
relation to the peace officer training
5376
requirements.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1471, by Senator Volker, Senate Print 2716, an
act to amend the Tax Law, in relation to
providing.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1472, by Senator Nozzolio, Senate Print 2719B,
an act to amend the Vehicle and Traffic Law,
in relation to providing.
ACTING PRESIDENT McGEE: Read the
last section.
5377
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1473, by Senator Nozzolio, Senate Print 2842A,
an act to amend the Vehicle and Traffic Law,
in relation to providing.
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5378
1474, by Senator Seward, Senate Print 3584B,
an act to amend the Insurance Law, in relation
to risk-based capital requirements.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1475, Senator LaValle moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6997A and substitute it
for the identical Senate Bill Number 3924A,
Third Reading Calendar 1475.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1475 -
SENATOR DOLLINGER: Lay it aside.
5379
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1476, by Senator Saland, Senate Print 5398, an
act to amend the Social Services Law, in
relation to frequency.
SENATOR HEVESI: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1477, by Senator Velella, Senate Print 6250C,
an act to amend the Criminal Procedure Law, in
relation to erroneous arrests.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
5380
THE SECRETARY: Calendar Number
1478, by Senator Larkin, Senate Print 6994A,
an act to amend the Thrall Public Library
District.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1479, by Senator Balboni, Senate Print 7504A,
an act to amend the Real Property Tax Law, in
relation to making state aid payments.
ACTING PRESIDENT McGEE: A local
fiscal impact statement is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5381
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Kuhl and Larkin recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1480, by Senator Velella, Senate Print
7636A -
SENATOR MEIER: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
THE SECRETARY: In relation to
Calendar Number 1481, Senator Breslin moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10990 and substitute it
for the identical Senate Bill Number 7815,
Third Reading Calendar 1481.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1481, by the Assembly Committee on Rules,
Assembly Print Number 10990, an act in
5382
relation to allowing Nancy Jordan.
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1482, by Senator Leibell, Senate Print 7863,
an act to amend the Public Authorities Law and
the Retirement and Social Security Law, in
relation to granting.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5383
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1483, by Senator Hannon, Senate Print 7895, an
act to amend the Public Health Law, in
relation to the implementation.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1484, by Senator Rath, Senate Print 7926, an
act to amend the Transportation Law and the
Vehicle and Traffic Law, in relation to
penalties.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5384
is passed.
THE SECRETARY: Calendar Number
1487, by the Senate Committee on Rules, Senate
Print Number 7978, an act to amend the
Retirement and Social Security Law, in
relation to benefits payable.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1488, by Senator Trunzo, Senate Print 7984, an
act to amend the Tax Law, in relation to
providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect December 1.
5385
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1489, by Senator Meier, Senate Print 7988A, an
act to amend the Public Health Law, in
relation to the distribution.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1490, by Senator Stafford, Senate Print 7993,
an act in relation to water and wastewater
control.
ACTING PRESIDENT McGEE: Read the
5386
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1491, by Senator Kuhl, Senate Print 7998, an
act authorizing the trustees of the
Steuben-Allegany Board of Cooperative
Educational Services.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
5387
1492, by Senator Velella, Senate Print 8002,
an act to amend the Civil Practice Law and
Rules, in relation to fixed fees for sheriffs.
ACTING PRESIDENT McGEE: 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
October.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1493, by Senator Wright, Senate Print 8013, an
act to amend the Tax Law, in relation to the
definition of residential purposes.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
5388
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1495, by Senator Velella, Senate Print 8076,
an act to amend the Vehicle and Traffic Law,
in relation to the designation of correction
vehicle.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1496, by Senator Meier, Senate Print 8080, an
act to amend the Civil Rights Law, in relation
to the right of public petition and
participation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5389
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1497, by the Senate Committee on Rules, Senate
Print Number 8096, an act in relation to the
awarding of contracts.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
1498, by the Senate Committee on Rules, Senate
Print Number 8128, an act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law, in
relation to the franchise fee.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Meier, that completes the
noncontroversial reading of the calendar.
SENATOR MEIER: Thank you, Madam
5390
President. May we now have the reading of the
controversial calendar.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1470, by Senator Padavan, Senate Print 1802,
an act to amend the Criminal Procedure Law, in
relation to peace officer training.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Padavan, an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
Currently there is a 35-hour course
that's given for police officers and those who
have peace officer requirements in the City of
New York. In that 35 hours, which is an
intensive program, there's training in the
Penal Law, search and seizure, the laws and
powers of arrests, the use of deadly physical
force, witness interrogation and lineup,
conflict resolution, crisis intervention, the
ethics of law enforcement, Miranda rights, and
so on. Virtually all of which has no
5391
reference whatsoever to the duties of a
firefighter.
Now, firefighters do need peace
officer status because they issue summonses
and they enter premises to do that. Now, what
the Fire Department does, they give an 8-hour
course where they cover all of the things that
a firefighter should know about their role as
peace officers.
But to send them away for 35 hours,
virtually a whole week, in a training program
that has no relevance to their
responsibilities, is deemed to be unnecessary,
a waste of manpower, a waste of resources.
So the City of New York, and
specifically the Fire Commissioner, have asked
that that requirement be waived. And that's
what this bill is.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Would the
sponsor yield to one or two questions, please.
ACTING PRESIDENT McGEE: Senator
Padavan, will you yield for some questions?
5392
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Senator Padavan,
thank you for that explanation.
My first question for you is the
Municipal Police Training Council, the
curriculum that that they set up for the
training of police officers, whom else does
that apply to? Does it apply to all the other
categories of peace officers in New York
State?
SENATOR PADAVAN: I believe so.
Where applicable, yes. But then again, I
can't give you every category off the top of
my head of peace officers. There are many in
various and sundry positions working in
district attorneys' offices and a variety of
other law enforcement agencies who take that
course, and properly so.
SENATOR HEVESI: Madam President,
would the sponsor continue to yield?
ACTING PRESIDENT McGEE: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
5393
SENATOR HEVESI: Senator Padavan,
yesterday this house, I believe unanimously,
passed a piece of legislation sponsored by
Senator Velella which gave New York City
traffic enforcement agent level 3 and 4
employees the ability to extend the peace
officer powers that they currently have when
they're on duty to when they are off duty.
And the category of individuals
also contained -- already contained with that
coverage included taxi inspectors and other
individuals who all wanted the additional
power.
This legislation seeks to remove
it, and I understand the training purpose of
it. But can you account for that?
SENATOR PADAVAN: It doesn't
remove the power of the peace officer status.
What it removes is the requirement for a
35-hour course where much of the curriculum -
virtually all of it -- has no relevance to
fire officers and duties they perform.
In lieu of that, the department has
an 8-hour program where they teach
firefighters those things relevant to being a
5394
peace officer that are applicable to the
duties of a fire department.
SENATOR HEVESI: Thank you.
Madam President, will the sponsor continue to
yield?
ACTING PRESIDENT McGEE: Senator
Padavan, will you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Senator, my
apologies. I didn't phrase that question
correctly.
The purpose of me bringing up what
happened yesterday was that since we are
affording these other individuals the peace
officer powers when they are off duty, we
certainly wouldn't want to remove their
training.
And what I'm suggesting to you is
that if those individuals have those powers,
and Senator Velella argued quite well that
they need those powers when they're off duty,
that firefighters every once in a while -- and
I believe it happened again this year -- wind
5395
up witnessing crimes in progress. Since there
are thousands of New York City firefighters on
the streets, they apprehend criminals all the
time and may even be engaged in activities
where training such as the training that they
currently receive, but would no longer receive
in this bill, would be a good idea.
And that's my concern. Can you
address that?
SENATOR PADAVAN: Yes, I can.
Firefighters operate not only under
the law but also under the regulations that
are promulgated by that agency. In those
regulations, they are expressly forbidden from
involving themselves in what we would
generally categorize as police activities -
making arrests, intervening in armed or other
types of assaults. So they are kept out of
that on a very, very specific -- by very, very
specific regulations.
So that brings us back to where we
were a little while ago, to send them away for
a week in an intensive course on something
they have no relevance to, either on duty or
off duty.
5396
Senator Velella's bill the other
day simply extended the hours that those peace
officers -- namely, traffic officials -- would
be protected by virtue of what they might have
to do. He explained a traffic violation
officer, leaving on their way home, still in
uniform, might be attacked by someone. And
that's happened. He wanted them to have the
same ability off duty as they do on duty to
deal with that circumstance.
So I would submit to you that has
absolutely nothing to do with a firefighter.
SENATOR HEVESI: On the bill,
Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: I appreciate the
explanation.
The difference here is that we
would now be removing training for
firefighters but not removing their powers.
And with respect to Senator Padavan, I
understand that their guidelines encourage
them not to intercede in particular
situations. They do it. And they do it with
5397
some regularity. So I'm not sure that this is
the most prudent piece of public policy that's
come before us.
Having said that, I know that
Commissioner Von Essen supports this
legislation and the administration of the City
of New York support this legislation, in that
it would provide much greater flexibility in
the training schedule for firefighters in New
York City.
So I'm going to support this
legislation, with some slight reservations
that I don't want to remove training without
removing the powers that the training is
supposed to come along with. That's what
we're doing here.
So with reservation, I'm going to
support this bill, doing so because I trust
Tom Von Essen, the New York City Fire
Commissioner, and the city administration,
that they certainly would not have requested
this were it not in the best public interest
and if it would compromise public safety.
ACTING PRESIDENT McGEE: Read the
last section.
5398
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. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1475, substituted earlier today by Member of
the Assembly Harenberg, Assembly Print Number
6997A, an act to amend the Real Property Tax
Law, in relation to exempting.
ACTING PRESIDENT McGEE: Senator
LaValle, an explanation has been requested.
SENATOR LAVALLE: Madam
President, very simply, this is a
first-time-homebuyers piece of legislation
that would give that first-time homebuyer real
property tax relief for a period of time.
They would incur a 50 percent tax liability in
the first year, and that would be increased by
10 percent over the next five years, until
they would pay 100 percent real property tax.
5399
This allows all of the
municipalities -- county, town, school
district -- to opt into this if they wish to
do it, as we do with other real property tax
abatement laws, particularly for senior
citizens. We follow the SONYMA parameters for
income qualification and the price of the
home.
We allow in this legislation a
15 percent addition over and above the SONYMA
standard for the cost of home. And we allow
the locality, by local resolution, to increase
that another 10 percent beyond our 15 percent
addition.
And that's basically the
legislation, Madam President.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield for a couple of questions, Madam
President?
ACTING PRESIDENT McGEE: Senator
LaValle, will you yield?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT McGEE: The
5400
Senator yields.
SENATOR DOLLINGER: Just explain
to me, Senator LaValle -- I hurriedly read the
bill. This applies to newly constructed
residential homes. And I know there's a
definition. I believe the definition says
that that both means those who are constructed
from scratch and some type of additional
capital improvement. Could you just describe
how that works for me?
SENATOR LAVALLE: Yes. Yes. If
you purchased an older home -- and one of
the -- in the bill that we passed in 1996,
there was discussion on the issue of why are
we doing this for only new construction. And
so what we allow is for reconstruction,
alteration or improvement for the value that
exceeds $3,000 in assessed valuation to the
primary residence.
And the tax abatement would be not
on the home portion, but the tax abatement
would be on the improvement.
SENATOR DOLLINGER: Again,
through you, Madam President, if Senator
LaValle would continue to yield.
5401
Just so I understand that, if you
bought a $100,000 house -- and I'm just using
it as an example -
SENATOR LAVALLE: And put in
another 100,000.
SENATOR DOLLINGER: If you put in
another $100,000, the abatement would be on
only the $100,000 -
SENATOR LAVALLE: That is
correct.
SENATOR DOLLINGER: Okay.
Through you, Madam President, if Senator
LaValle will continue to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, will you continue to yield?
SENATOR LAVALLE: Yes. Be
pleased to.
ACTING PRESIDENT McGEE: Senator
LaValle yields.
SENATOR DOLLINGER: Would you
just explain -- again, briefly, and sort of in
general terms -- who qualifies for this? I
know we use the SONYMA program. I'm only
concerned about the income level, because -
SENATOR LAVALLE: Yes, I'll take
5402
Rochester. The SONYMA purchase price limits
are in regions: Buffalo, Rochester, Syracuse,
Binghamton, Mid-Hudson, Long Island -- Capital
District, Mohawk Valley, and then downstate
would be Long Island and New York City.
Let us take -- what is your county?
Monroe.
SENATOR DOLLINGER: Rochester,
Monroe.
SENATOR LAVALLE: For Monroe
County, a targeted area -- that is, where HUD
says this is an area that we want to
improve -- we allow for a purchase price of
168,600. That is increased, remember,
Senator, I said by another 15 percent factor.
So we increase the SONYMA factor of 168,600 by
15 percent. In a nontargeted area, the price
is $138,000.
Now let me go to the income
qualification. In Monroe County, individuals
in a targeted area would have incomes of
$64,320 or less. In a nontargeted area, they
would have an income of $53,600 or less for a
one-or-two-person household. That increases
if the number of persons are greater than two.
5403
For instance, a three-plus-person household,
the income in a targeted area could be $75,040
or less, and in a nontargeted area, $61,640.
That is for Monroe County.
Each county, as you know, under the
SONYMA program has different income levels and
different purchase price levels.
SENATOR DOLLINGER: Okay. Again,
through you, Madam President, if Senator
LaValle would just help me think this through.
ACTING PRESIDENT McGEE: Senator
LaValle, will you help Senator Dollinger think
this through?
(Laughter.)
SENATOR LAVALLE: I am most
pleased to do that.
ACTING PRESIDENT McGEE: Thank
you.
SENATOR DOLLINGER: I'm trying to
get a picture, Senator, of who is going to
actually use this program. A $138,000 home is
a relatively expensive house in Rochester, New
York, or Monroe County. And my concern is, is
the income level, the limation high enough so
you can qualify to buy the house?
5404
You know, my guess is that you
probably need a relatively significant income
to buy a $138,000 house. And my question is,
you know, will somebody actually be able,
given the limation on the kind of house you
can buy and the income requirements, will they
actually be able to qualify for the mortgage
to qualify for this program?
SENATOR LAVALLE: Senator, the
family in the home building industry and
others who are supporting this certainly
believe so.
As you might recall, whenever we
discuss these issues, the Legislature, in
terms of public policy, has taken the position
that while we'd like to do this for everyone,
it's just not practical. And so we try to
limit that.
Here, we limit it in such a way in
a tried and true program, which is the SONYMA
program. And it's literally helped thousands
and thousands of particularly young people,
first starting out, to purchase that first
home, their first dream.
So we didn't want to reinvent the
5405
wheel. We wanted to go with something that is
tried and established and proven. And while
we may think that some of these incomes are
low, it works. And people apply for these
throughout the state.
On Long Island, for instance, the
income is significantly higher. In a targeted
area in both Nassau and Suffolk counties, the
income qualification would be $87,960 and, in
a nontargeted area, $73,300.
I'm reading these figures, Senator,
right out of the SONYMA book. So these are
not conjecture on my part, they are exact in
terms of -- dated February 26, '99. So it's
the latest book I could get available.
SENATOR DOLLINGER: One other
question, Madam President, for Senator
LaValle, if he will continue to yield.
SENATOR LAVALLE: Yes.
SENATOR DOLLINGER: How does the
repayment position -- again, I read this
briefly, Senator. I just want to make sure I
understand.
The way I understand it is that if
you buy the house and you get your 50 percent
5406
tax deduction and you leave, then at that
point the abatement ceases.
My question is, is there any
provision in there that would require the
first-time homeowner to repay it, since they
have gotten -- as I understand it, the theory
here is to require a five-year residency. In
other words, to not only encourage first-home
purchase, but to encourage owners to stay in
those homes for a period of time.
SENATOR LAVALLE: The local law
may provide for the recapture of any exemption
that has ceased. The owner shall pay the
amount of taxes from which they have been
exempted. And if the amount were to remain
unpaid, it would become a lien on the
property.
SENATOR DOLLINGER: Just for
my -- where is that in the bill, Senator? Do
you have it in the bill here?
SENATOR LAVALLE: Yup. It's on
page 3, Section 6B.
SENATOR DOLLINGER: I just want
to ask this question -- again, through you,
Madam President -- I don't see the recapture
5407
provision there that you just mentioned. I
see that the exemption shall cease when they
move out, but I don't see the provision that
suggests that there's a recapture of the
benefit that the first-time owner had gotten.
That's why I asked.
SENATOR LAVALLE: We'll find it
for you in a minute.
Page 2, Section 1, lines 24, 25.
SENATOR DOLLINGER: Got it.
SENATOR LAVALLE: Okay? The
length of such exemption shall be set forth
for local law or resolution, but in no event
shall exceed five years. Okay. Such local
law -- you found it.
SENATOR DOLLINGER: I did.
Through you, Madam President, if
Senator LaValle will continue to yield.
ACTING PRESIDENT McGEE: Senator
LaValle, do you continue to yield?
SENATOR LAVALLE: Yes, I do,
Madam President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: This may not
5408
be able to be attended to in this proceeding
or at this time, but I would suggest that the
lien may apply too late.
Because what happens is you sell
the house, you own the house, you're getting
the benefit of the exemption. I sell it to
Senator Smith. You don't -- the government
doesn't find out about the transaction until
after I've left the property. Whereas I've
gotten the benefit of the lien. The lien
would be placed on the property subsequent to
my sale to Senator Smith, and the lien will
actually be on the property when she owns it.
In other words, for the benefit
that I got as a first-time property owner, it
could be foisted on the second -- the
subsequent property owner.
SENATOR LAVALLE: Senator, I
would think that that would -- I'm trying to
think whether that would show up in the title
report.
SENATOR DOLLINGER: That's a very
good question, whether the exemption would
show up in the title report. I'm not sure it
would. I don't know that other exemptions
5409
show up in the title reports.
SENATOR LAVALLE: That's my
sense. It would show up in the tax search,
and that would show up in the title report.
SENATOR DOLLINGER: Through you,
Madam President, is there anything in this
bill that suggests that the government -- the
lien would have to be discharged prior to the
transfer of the property?
SENATOR LAVALLE: No, Senator.
But I think, as you know, that the bank -- any
bank would not close with such a -- I think
you would know that as -
SENATOR DOLLINGER: Right.
That's probably true.
Just one final question, Madam
President. And this is on a philosophical
level for Senator LaValle, rather than a
technical issue in the bill.
ACTING PRESIDENT McGEE: Senator
LaValle, will you suffer a philosophical
question?
SENATOR LAVALLE: Absolutely.
ACTING PRESIDENT McGEE: Thank
you.
5410
SENATOR DOLLINGER: One of the
questions about first-time homeownership -
and this bill, as I read it, is clearly driven
to new construction of first-time homes.
Because if you buy a new home that is newly
constructed, you will get a tax exemption for
50 percent, a very significant amount of
investment.
How does this affect older
communities like the community I represent,
the city of Rochester, which has an older
housing stock? In many cases the homes are
fully built out, they don't need significant
new capital improvements. Wouldn't this take
first-time homebuyers and drive them away from
buying an older house in the city -
SENATOR LAVALLE: No.
SENATOR DOLLINGER: -- and
instead driving them to build a house -
again, I'll use an example close to Senator
LaValle's home -- further out in Suffolk
County, where there are more new homes?
Are we driving people away, perhaps
unintentionally, from reinvesting in older
cities and neighborhoods to suburban
5411
communities where they're building brand-new
homes?
SENATOR LAVALLE: Senator
Dollinger, first I'd like to compliment you on
the questions you've asked, because I think
they've been very direct, focused, and things
that I think this body should have information
on before they vote on the bill.
SENATOR DOLLINGER: Thank you.
SENATOR LAVALLE: The last
question, which you pass off as a
philosophical question, is actually a very
good question.
Today the number of properties that
are available are actually quite low, the
number of properties that any broker carries.
They need properties. They are trying to get
listings, because young people and also people
of all ages are really out there trying to get
into a home.
And what has happened -- and I can
speak only for Long Island -- is that because
they do not have an inventory that is big
enough, people are buying an older home and
then investing significant dollars into
5412
retrofitting and expanding.
So the example that you used of a
purchase of 100,000 and investing another
100,000 to expand that house is probably
closer to reality in today's market as I can
only speak of on Long Island.
So in previous discussions on this
bill, when we addressed only new construction
people said, "Well, what about older homes?"
And actually today it becomes very, very
relevant, because real estate people have very
low inventories on new homes -- on all types
of homes, as a matter of fact.
So this bill will go a long way,
Senator, in helping particularly those young
people who need a boost to get their first
home.
SENATOR DOLLINGER: Thank you,
Senator LaValle.
I'll commend Senator LaValle in
response. Good answers, solid answers, good
discussion.
Madam President, I'm going to vote
in favor of this bill, but I would just -
ACTING PRESIDENT McGEE: Senator
5413
Dollinger, on the bill.
SENATOR DOLLINGER: -- add a
caution briefly to Senator LaValle's remarks.
I agree, and I think we've set the
property investment number in order to qualify
for the program low enough. It's only $3,000,
it's low enough. But in essence, this bill
still drives most of the focus toward the
construction of new homes. And as a
consequence, this bill may unintentionally
drive the debate about growth more to the
suburbs than reinvestments in the cities.
And I think that's a potential
problem, because at least from my experience,
Senator LaValle, people who struggle to get
the down payment for their first home aren't
in a position where they can put $100,000 of
new investment in. Oftentimes their
investment is very meager. Sometimes it can't
be made within the 90-day period that this
exemption will require.
You get -- people have to struggle
to make the down payment, they get the keys to
their first house, they anticipate a growth in
their income so they'll be able to pay for it
5414
easier two or three years from now, they'll be
able to make the kind of capital investment in
an old house that's necessary to modernize it
and improve it.
And I'm just concerned -- and I'm
going to vote in favor of this -- I'm just
concerned that by drawing this somewhat
narrowly, in an attempt to give an incentive
to new construction and substantial remodeling
and rehabilitation of housing, what you may do
is you may end up simply promoting greater
growth in the distant suburbs and diminishing
the potential for the use of this program in
our older, urban neighborhoods.
And so I, who represent a community
loaded with older, urban neighborhoods, am
very concerned about whether we're giving the
same incentives for reinvestment in cities and
in neighborhoods close to cities that we are
giving to neighborhoods that are a long ways
away from cities that have lots of open land.
I'll conclude with one other
comment, Madam President. I appreciate that
this bill may become law and that Senator
LaValle's idea will be a part of the statewide
5415
debate to encourage new homeownership. I
still think, however, that the better idea, if
we would get to it, would be to give a rebate
of the mortgage taxes for those who are
first-time homebuyers. Because that's an
instantaneous savings right at the time of
closing. We could do it very easily with
respect with income limits.
It's, in my judgment, a better way
to promote first-time home ownership, to
rebate the mortgage tax. It's a one-time hit
on local communities instead of a phasing-in
of the assessment reduction. And I think that
that would be a better spur to providing
first-time home ownership.
I'm going to vote in favor of this
bill, with some squeamishness about its impact
on the growth issue and on sprawl questions
that affect our cities and the future growth
of our state. I think it's a good idea. I
think it needs a little bit more refinement.
I hope that will come. And I hope we'll just
keep our eye on who utilizes the program to
determine whether it has perhaps inadvertently
caused greater flight from our cities.
5416
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, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
And may I take this opportunity to
invite everyone present to wish Tom Testo, our
Journal clerk, a happy birthday.
(Applause.)
SENATOR MEIER: Madam President.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: A parliamentary
inquiry. How old is the Journal clerk?
(Laughter.)
SENATOR MEIER: Withdrawn.
ACTING PRESIDENT McGEE: You'll
have to file a FOIL.
The clerk will read.
THE SECRETARY: Calendar Number
5417
1476, by Senator Saland, Senate Print 5398, an
act to amend the Social Services Law, in
relation to the frequency of patient plan.
SENATOR ADA SMITH: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Saland, an explanation has been requested.
SENATOR SALAND: Thank you, Madam
President.
Madam President, this bill proposes
to modify the existing reassessment process by
which persons who live in an assisted living
program in adult daycare facilities are
currently assessed and then reassessed.
And the modification that's
proposed is one that would say that whereas
there's an initial assessment, subsequent
reassessments that occur upon change of
condition, but no later than 45 days, and then
any change in condition thereafter, at no less
than six-month intervals, this proposes to
eliminate the 45-day mandate, which is
believed to be both superfluous and costly.
It tracks language in the
Governor's Assisted Living Reform Act, and
5418
it's a proposal which is certainly strongly
supported by the industry.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: Would the
sponsor yield for a few questions, please.
ACTING PRESIDENT McGEE: Senator
Saland, will you yield for some questions?
SENATOR SALAND: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you.
Senator, when this legislation was
initially enacted, and I believe it was a
chapter in 1991, the sponsor thought that a
45-day reassessment from the initial
assessment was a good idea. I don't think
they were contemplating costs; they were
contemplating care.
Did something change that has
necessitated this move?
SENATOR SALAND: As is the case
with virtually any enactment, at the time
5419
something is placed in law there's always the
opportunity to review, to reassess and
determine if in fact what was appropriate at
that time remains appropriate in conditions as
experienced.
And what has occurred here is that
there is a sense that, particularly given the
language that requires a reassessment upon any
change of condition or status, that could well
be ten days, two weeks, five weeks, eight
weeks out. Nobody is being prejudiced, and
what is basically being done, again, is to
remove what has proven to be a costly and a
time-consuming exercise.
And if you look at the definition
of eligible persons under Section 461L, which
this amends, we're talking about a group of
people who are not necessarily ones who by
definition are in need of intensive or
emergency-setting-type care, or they wouldn't
be in this congregate assisted living
environment in the first place.
SENATOR HEVESI: Thank you, Madam
President. Will the sponsor continue to
yield?
5420
ACTING PRESIDENT McGEE: Senator
Saland, will you continue to yield?
SENATOR SALAND: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Thank you for
the explanation.
So I understand there are two
issues: One is a cost issue; the other is
that the care is not necessary because they're
more frequently -- they're evaluated based on
need.
But that calls into question the
idea of cost. And if they are evaluated more
frequently, then why is one mandated 45-day
assessment cost-prohibitive if they're doing
more frequent reevaluations?
So my question to you is, what is
the cost-prohibitive nature of doing one
assessment 45 days after the initial one?
SENATOR SALAND: I don't
believe -- I don't recall using the term "cost
prohibitive," Senator. I think that's your
perhaps summary or personalization of my
5421
comments.
What I said is that there is the
opportunity, as would be required by the
existing law or by the law as proposed to be
modified, for a reassessment on any change in
status. That could occur at any time.
But to arbitrarily pick a 45-day
period for a reassessment has proven to be not
what might initially have been expected when
the bill was passed back in 1991.
SENATOR HEVESI: One final
question, Madam President, if the sponsor
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Saland, will you yield for one final question?
SENATOR SALAND: Yes, Madam
President.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR HEVESI: Senator Saland,
I read the bill and I noticed that even if
this legislation is enacted, there would have
to be an assessment after six months.
SENATOR SALAND: No later than
six months.
5422
SENATOR HEVESI: No later than
six months.
So there is some consideration in
the legislation that there is appropriate
within some time frame to do an assessment.
I'm not concerned about the assisted living
facility that is a good facility, that is
conscientious as to the changing needs of the
individuals who are living there. I'm
concerned about the ones that are not.
And I believe that the original
intent of the legislation, the 45 days, was to
protect against assisted living facilities
that may not be as responsive as this
Legislature would like them to be.
And so essentially what I'm asking
you here is, isn't this protection necessary
for those facilities that might not be of the
quality that we want them to be, and might we
not leave somebody vulnerable if the assisted
living facility is not on top of their game
and only reevaluates once every six months?
SENATOR SALAND: Again,
understanding the nature of the facility,
we're talking about assisted living, where
5423
there are nursing services that are provided.
These are registered nurses who provide
professional health services, people who I
would like to believe would not risk their
licenses by refusing to do an assessment.
The reason for the six-month
remaining in the bill is rather basic. It may
well be that after the initial intake and the
initial assessment there's no change in
condition or change in status. But
nonetheless, after a period of time has
transpired or expired, there is no reason not
to, at some way down the line, which the
original legislation provided for -- in this
case, six months -- have that reassessment.
We are retaining that six-month
reassessment as, in effect, a fail-safe. But
what we are saying is it's, in effect, on an
as-needed basis. The people who are providing
the professional services, the nurses, those
health-care providers who are providing those
services will, upon some change in condition,
be able to and be required to conduct that
reassessment.
But 45 days, in effect, is a number
5424
that was, with the best of intentions, assumed
to have been an appropriate number.
Experience has not dictated that to be the
case.
SENATOR HEVESI: Thank you.
Madam President, on the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you.
I appreciate what Senator Saland is
attempting to do with this legislation.
Unfortunately for me, the fact that the
six-month time frame is -- remains in the
bill, that an assessment would have to be
conducted after six months, suggests some kind
of need for reassessment.
Now, if the argument is that you
don't need to reassess more frequently because
the person's condition might not change, if
the person does not require a change in their
course of treatment or care, then that
reassessment I don't believe is going to cost
very much. In fact, it's not going to cost
anything, as far as I know.
So I don't know why we would want
5425
to leave some folks open to an assisted living
facility -- and this -- you know, this is -
it's possible that this is not the type of
situation that's going to occur frequently.
But I don't know why it's such an impediment
to require a reassessment after 45 days.
I believe that the individuals who
initially sponsored this legislation thought
that a time period of much less than six
months was important for the care of
individuals in these facilities. And I'm
looking to protect somebody in the event that
a facility is operated in a way that is not in
their best interest.
I don't believe the 45-day
reassessment is an onerous burden. I don't
believe it's cost-prohibitive, which is
suggested by this legislation, despite the
fact that Senator Saland did not use those
words. But cost is a factor with this.
And as a result, I'm going to
oppose this bill, Madam President.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
5426
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Gentile and Hevesi recorded in
the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1480, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10335A and substitute it
for the identical Senate Bill Number 7636A,
Third Reading Calendar 1480.
ACTING PRESIDENT McGEE:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1480, by Member of the Assembly Klein,
Assembly Print Number 10335A, an act to amend
the -
SENATOR MEIER: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
5427
is laid aside temporarily.
THE SECRETARY: Calendar Number
1483, by Senator Hannon, Senate Print 7895, an
act to amend the Public Health Law, in
relation to the implementation of the Tobacco
Master Settlement Agreement.
SENATOR DOLLINGER: Explanation,
Madam President.
ACTING PRESIDENT McGEE: Senator
Hannon, an explanation has been requested.
SENATOR HANNON: Thank you, Madam
President.
This bill is essentially an
implementation of the Master Settlement
Agreement, in the specifics of it. It's in
this house because it's a program bill of the
Attorney General, the Attorney General, of
course, representing the state in the
litigation against the tobacco companies.
Specifically, it would do a number
of different things. I'll just briefly
summarize them.
Prohibiting advertising, promotion
and marketing of tobacco products to children.
Limitations on tobacco sponsorships.
5428
Limitations on outdoor and transit
advertising. Limitations on use of tobacco
brand-name merchandise. Limitations on free
tobacco products to children. Limitations on
coupons to kids. Prohibits the licensing of
tobacco brand names to third parties.
Prohibits the use of non-tobacco brand names
on tobacco products. Prohibits the
manufacture or sale of cigarettes in packs of
fewer than 20. Prohibits agreements to
suppress research into health consequences of
smoking, and prohibits material
representations of fact regarding the health
consequences of smoking.
Obviously some of these topics have
been touched upon by either existing statute
or other proposals before this house. But
this is an implementation so that the
provisions of the Master Settlement Agreement
will apply to all companies selling or
manufacturing tobacco.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Just one
question, Madam President. And I appreciate
5429
Senator Hannon's explanation.
ACTING PRESIDENT McGEE: Senator
Hannon, will you yield?
SENATOR HANNON: Yes.
SENATOR DOLLINGER: Is there
anything in this bill that alters the scope,
goes beyond the scope of the Master Settlement
Agreement? Is there anything in here that
we've done that -- you know, there's been
suggestion that they'll be doing some things
here that are not specifically addressed.
SENATOR HANNON: There are a
couple of things.
And about half an hour ago, I was
handed a memo in regard -- from one of
companies in regard to this. And I've had a
chance to read the memo, and to the best of my
legal ability to understand it, I would make a
couple of comments to you, Senator.
It does raise basically the age to
21 in regard to purchasing and possessing
cigarettes. But I'm trying to read this. It
essentially raises it to 21.
The difficulty I have, and I need
to get into the statutes, is we do have
5430
sometimes what is sale and what is purchase.
We define those differently both for
cigarettes and alcohol. And you'll just have
to give me a little lead time to get the
specifics of that.
SENATOR DOLLINGER: That's fine.
Again, through you, Madam President. My
understanding generally is that it increases
it to 21, which is a concept that I've
supported.
SENATOR HANNON: Now -- I'm
sorry. And to continue, there is a point in
the memo that says that this bill, in regard
to sponsorships, would not just ban brand-name
sponsorships of all athletic goods. The memo
claims that the MSA allows some tobacco
companies to sponsor such things as music
festivals. And it says that this bill omits
this exception.
So to the extent of my knowledge
about this that goes beyond the Master
Settlement Agreement, those would be the two
items.
SENATOR DOLLINGER: Through you,
Madam President, the explanation is fully
5431
satisfactory.
I know this is a project that the
Attorney General has worked hard on. This is
the Attorney General's program bill. It
incorporates the provision both of his
understanding of the Master Settlement
Agreement and other provisions that are
necessary to make the Master Settlement
Agreement work.
And so under those circumstances,
Madam President, I think it's the right thing
to do, long overdue. I commend the Attorney
General for bringing it this far and carrying
this important piece of legislation forward.
Thank you.
SENATOR HANNON: Senator
Dollinger's question -- and I -- frankly, I
want to be sure. But his question points
outside -- and since I'm only reading the memo
in opposition, and I have -- which they failed
to send to me except to give to me a half hour
ago, I'd like to go to the library and get a
full explanation of what you -- the questions
you're asking, so that I can be fair.
This is something for the record.
5432
And I'd just like to be accurate.
Could we lay this aside for the
time being and bring it up later? And I will
tell Senator Dollinger when we're going to
bring it up so he can be sure to ask whatever
questions are appropriate at that time.
ACTING PRESIDENT McGEE: The bill
is laid aside at the sponsor's question.
SENATOR HANNON: Thank you.
THE SECRETARY: Calendar Number
1495, by Senator Velella, Senate Print 8076,
an act to amend the Vehicle and Traffic Law,
in relation to the designation.
SENATOR PATERSON: Explanation,
please.
SENATOR MEIER: Lay it aside
temporarily, please.
ACTING PRESIDENT McGEE: The bill
is laid aside temporarily.
Oh, remove the lay-aside.
Senator Velella, an explanation has
been requested of 1495.
SENATOR VELELLA: If you'd allow
me to come back to that in a minute.
ACTING PRESIDENT McGEE:
5433
Temporarily lay the bill aside.
The Secretary will read.
THE SECRETARY: Calendar Number
1497, by the Senate Committee on Rules, Senate
Print Number 8096, an act in relation to the
awarding of contracts.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Meier, an explanation has been requested.
SENATOR MEIER: Madam President,
could we lay that bill aside temporarily and
call up Calendar 1498.
ACTING PRESIDENT McGEE: The bill
has been laid aside temporarily.
SENATOR MEIER: Madam President.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Could we call up
Calendar 1497.
ACTING PRESIDENT McGEE: The
Secretary will read Calendar Number 1497.
THE SECRETARY: Calendar Number
1497, by the Senate Committee on Rules, Senate
Print Number 8096, an act in relation to the
awarding of contracts.
5434
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, this -- Madam President, I thought
the lights were about to go out here.
Madam President, this bill allows
for the school district, in the awarding of
contracts, to do it by the request for
proposal process rather than through
competitive bidding. If Senator Meier would
yield for a question, I wanted to know if he
could explain to us why that would be the
case.
SENATOR MEIER: Madam President,
would you recognize Senator Kuhl for that
purpose, please.
ACTING PRESIDENT McGEE: Senator
Kuhl, there has been an explanation requested
by Senator Paterson. Will you yield?
SENATOR KUHL: Yes, I yield for
Senator Paterson. Happy to.
ACTING PRESIDENT McGEE: The
Senator yields, Senator Paterson.
SENATOR KUHL: Senator Paterson,
you had a question?
5435
ACTING PRESIDENT McGEE: Senator
Paterson, would you repeat your question?
SENATOR PATERSON: Madam
President, through you to Senator Kuhl, by way
of Senator Meier.
This is my question. The school
district, in this legislation, will be allowed
to award contracts through the RFP process
rather than competitive bidding. Any of the
three of you, but preferably Senator Kuhl,
might want to inform me why this change is
necessary.
ACTING PRESIDENT McGEE: Senator
Kuhl.
SENATOR KUHL: As best I can,
Senator Paterson. We currently have the
availability of school districts to enter into
energy-savings contracts. The Liverpool
School District in this particular case has
been discussing not only an energy-savings
contract with a provider, but also there are
some telecommunication provisions, like the
provider is offering free computers and
other -- some fiber-optic kinds of connections
and things like that.
5436
And we've had a problem with being
able to get other providers participating in
this, number one, but also getting the
Education Department to agree that this is
available under current statute.
So what we've done is come forth
with a bill that will allow them to advance
the contract that they're currently trying to
enter into with this provider and the school
district, in between the two of them, and also
accomplish all the things that the provider is
offering to the school district.
SENATOR PATERSON: Very good,
Madam President. I was mired in confusion,
but now I'm cool.
ACTING PRESIDENT McGEE: Are you
unmired now, Senator Paterson?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5437
is passed.
Senator Meier.
SENATOR MEIER: Madam President,
could you call up Calendar Number 1495,
please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1495, by Senator Velella, Senate Print 8076,
an act to amend the Vehicle and Traffic Law,
in relation to the designation of correction
vehicle.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Velella, an explanation has been requested by
Senator Duane.
SENATOR VELELLA: Yes, Senator.
This bill will allow New York State Department
of Correction vehicles, when operating within
the city of New York, to be designated as
emergency vehicles and have the same rights as
vehicles that are operated by the New York
City Department of Corrections.
These are vehicles which are used
5438
to transport prisoners from one prison to
another, back and forth to courts or to
medical facilities. The New York City
Department of Corrections is allowed to pass
red lights, perform emergency movements as
emergency vehicles.
The Department of Corrections for
the State of New York, while in the city only,
does not have that same right.
This would give parity to both the
New York State Department of Corrections
vehicle as a New York City Department of
Corrections vehicle has.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield?
ACTING PRESIDENT McGEE: Senator
Velella, do you continue to yield?
SENATOR VELELLA: Sure. Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would just tell me
again what some of those rights are.
5439
SENATOR VELELLA: Anything that
an emergency vehicle would do. For instance,
passing a red light, moving faster in traffic
than would be the posted traffic designated
speed limit. Only in emergency situations,
which must be justified by the driver should
he be called to account for them.
In other words, a State Department
of Corrections bus transporting a group of
prisoners cannot just come through the city
and pass, willy-nilly, red lights and speed
down the street. Only in emergency situations
do they have that designation as an emergency
vehicle.
Pretty much -- well, we have that
same condition with New York City Department
of Correction vehicles, but pretty much the
way a police car should be operated: Normally
obeying all the traffic regulations except in
an emergency situation where it has to
respond.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
5440
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DUANE: Thank you. Why
would a state correctional vehicle ever have
to drive through a red light?
SENATOR VELELLA: If a passenger
on the bus were in some kind of an emergency
situation, getting a heart attack, sick. If
the bus was breaking out into a riot and they
wanted to get somewhere. Somebody trying to
get the guy out of the bus, break -- stop the
bus and get a prisoner off the bus and free
him.
Any -- whatever your imagination on
any emergency situation could create, that
would be it.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT McGEE: The
5441
Senator yields, Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
In my imagination, in those
particular scenarios I don't see -- I mean, if
anybody is having a heart attack in any
vehicle, I would assume that they are provided
with some leeway in terms of the traffic
regulations. Or if there's an imminent birth
or something like that, the police are usually
very lax for those -
SENATOR VELELLA: If you'd suffer
an interruption, Senator, I left out an
important point which my counsel just told me
about which probably would clear up your
problem.
It also allows them to have the
emergency flashing lights and emergency
designations and sirens and whistles and
whatever it is so that they could proceed
through those traffic control devices or
swiftly through traffic.
And it would allow state correction
vehicles to use those in the city of New York,
which now brings a lot more sense to the
5442
subject that you were discussing.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DUANE: Thank you, Madam
President. I'm very, very grateful for the
additional information of the lights and the
sirens and everything.
But I still don't understand, in
the scenarios which we're imagining, why there
would be a use for those particular -- if
there was someone having a heart attach or a
prisoner giving birth, again, I believe the
police would be lax in the enforcement of
traffic laws and resolutions. If there's a
riot breaking out on the bus, I actually think
it probably is not a good idea to drive even
faster. And I forget what the other scenario
is, but I have just as good a comeback for
that one.
5443
So I'd like to -
SENATOR VELELLA: Is there a
question mark at the end of this request to
yield?
SENATOR DUANE: I'm yielding to
you now, Senator.
SENATOR VELELLA: Oh, okay. Are
you asking me is that correct? No, it is not.
SENATOR DUANE: That was not my
question. But it's a good question.
I'm wondering how it is that it has
come up -- are there any recent incidents
which have made it so that this law is so
necessary to be voted upon and so that the law
is changed for the state correctional vehicles
in the city of New York?
SENATOR VELELLA: Senator, I
don't know if there are any current incidents
that I could point to.
However, let me say that if the
Department of Corrections of the State of New
York is driving in the city of New York, which
as I think you would know, having come from
probably one of the busiest boroughs of the
city of New York, traffic is very, very dense
5444
in the city of New York. And if there is an
emergency of any nature -- heart attack,
diabetes reaction -- I mean, you can go on and
on and on. A riot. Somebody trying to get
one of these prisoners off the bus. Somebody
throwing rocks at the bus. Whatever it is.
That bus may decide to speed up and pass red
lights and move quickly and get those
prisoners moved somewhere else or get to a
hospital to get assistance or get somewhere
where they can get some additional manpower to
help.
I would think that you, as a very
responsible legislator, would want to give
notice to the other passengers -- to the other
people in cars around our city that here comes
a bus in an emergency situation, look out,
there's a siren going, there's a red light
flashing, and the driver is a responsible
correction officer who has decided that in the
interests of the safety of the passengers and
the people that are involved in this process,
he needs to do an emergency action and pass
red lights and speed the bus up and the red
lights and the sirens and the whistles and the
5445
bells will let the rest of the public know to
get out of the way, we got an emergency here,
move out of the way.
I don't think you, Senator, would
want to stop the public from getting that
knowledge that this big bus is bearing down on
their little Volkswagen and they have to move
out of the way so that this bus can get to a
hospital to help some poor individual inmate
who may be under some distress. Would you?
ACTING PRESIDENT McGEE: Senator
Duane, do you yield for the question from
Senator Velella?
SENATOR DUANE: Is the Senator
asking me to yield?
SENATOR VELELLA: No, Senator, I
don't have any questions. I understand the
bill. That was a rhetorical question.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. On the bill.
ACTING PRESIDENT McGEE: Senator
Duane, on the bill.
SENATOR DUANE: I believe that
5446
among all the members of the Senate I
personally have the most experience riding in
correctional vehicles.
(Laughter.)
SENATOR VELELLA: We'll have
certain people excluded from the emergency
provision if you are.
SENATOR DUANE: And I can't say
that they were ever a comfortable ride. And
traffic did delay my arrival at central
booking from time to time. That is true, it
did happen.
That said, I was never really in a
big hurry to get to central booking, and when
I got to central booking, no one ever seemed
to be in a big hurry to get me out either,
which I'm sure you can all understand as well.
That said, Madam President -
ACTING PRESIDENT McGEE: On the
bill, Senator Duane.
SENATOR DUANE: On the bill,
Madam President.
I'm going to vote no on the bill,
although I do very much appreciate the
clarification of the bells and the whistles
5447
and the lights and everything, because that
wasn't actually in the bill as I read it. But
now that that's been clarified, it's helpful.
But just for my purposes, not helpful enough.
Thank you, Madam President.
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: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
SENATOR HEVESI: Madam President.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Hevesi.
SENATOR HEVESI: I rise to
request unanimous consent to be recorded in
the negative on Calendar 1487, Senate Print
7978.
ACTING PRESIDENT McGEE: Without
objection, you will be so recorded.
SENATOR HEVESI: Thank you.
5448
SENATOR MEIER: Madam President,
may we take up Calendar Number 1480 now.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1480, substituted earlier today by Member of
the Assembly Klein, Assembly Print Number
10335A, an act to amend the Agriculture and
Markets Law, in relation to special powers and
duties.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT McGEE: Senator
Velella, Senator Dollinger has requested an
explanation.
SENATOR VELELLA: Madam
President, this bill would require that
supermarkets and places that serve foods would
have to post their inspection reports and
require additional inspections for them in
retail food stores.
SENATOR DOLLINGER: Madam
President, if the sponsor would yield to a
question.
ACTING PRESIDENT McGEE: Senator
Velella, will you yield to Senator Dollinger?
5449
SENATOR VELELLA: Yes, I will.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Could you
just describe the rationale for the
legislation? I'm sure that there are
extensive requirements under New York law for
inspections of retail food establishments.
Are these duplicative? Is there anything new
in this legislation? Why do we need to do
this at this time?
SENATOR VELELLA: As you can see,
a distinguished member of the Majority in the
Assembly is sitting here with me to assist me
in this debate, because this was actually his
bill, which I am very supportive of, and he
knows the intricacies of it to assist me in
the debate.
However, the fact of the matter is
that 54 percent of the food stores in this
state have failed their health requirement
inspection. That's more than half, and a
substantial increase over past numbers. It is
a problem that is becoming much more dominant
in the area. And we feel that acting
5450
prospectively, as these numbers are rising and
54 percent of the supermarkets in our state
are failing these health requirements, that we
ought to be acting aggressively to help clean
up the problem before it becomes a major
problem.
There have been several exposes
throughout the state on the condition and
health safety standards of these stores that
serve foods.
SENATOR DOLLINGER: Through you,
Madam President, will the sponsor yield to a
question?
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Senator, how
much money, if any at all, did we add to the
state budget this year to assist the
Agriculture and Markets Department in
inspecting retail food establishments?
SENATOR VELELLA: Four additional
inspectors.
5451
SENATOR DOLLINGER: Excuse me?
SENATOR VELELLA: Four additional
inspectors.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Velella would
continue to yield.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Is this
throughout New York State we added four
inspectors?
SENATOR VELELLA: In addition to
the existing force, yes.
SENATOR DOLLINGER: And through
you, Madam President, if Senator Velella will
continue to yield.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
SENATOR DOLLINGER: How many
inspectors do we have currently?
SENATOR VELELLA: 121.
5452
SENATOR DOLLINGER: So we added
about 2 percent to the inspection force; is
that correct?
SENATOR VELELLA: If you did the
math and that's what it comes to, yes.
SENATOR DOLLINGER: Close -- 2,
3, something like that.
SENATOR VELELLA: Yes.
SENATOR DOLLINGER: What
incidence of additional inspections do you
anticipate through the use of this bill,
through the proposal in this bill?
SENATOR VELELLA: Well, first of
all, I would expect the additional inspections
by the additional manpower, whatever that can
be.
I think that we are trying to get
the agency itself to possibly lighten up some
of the paperwork and administrative burden of
inspectors so they could be out in the field a
little bit more.
So I couldn't give you my
projection on the numbers. What I am doing is
saying by this legislation that we consider
this a severe enough problem that we want to
5453
inspect these facilities much more often and
we want to have more inspectors out there, and
it's an important health safety provision for
the people of this state.
SENATOR DOLLINGER: A final
question, Madam President, if Senator Velella
would continue to yield.
ACTING PRESIDENT McGEE: Senator
Velella, will you continue to yield?
SENATOR VELELLA: Yes.
SENATOR DOLLINGER: The bill
requires that every retail food store be
inspected at least once every 12-month period.
SENATOR VELELLA: Correct.
SENATOR DOLLINGER: Is there a
current requirement in the statute for some
annual inspection of these facilities?
SENATOR VELELLA: They do it now
by regulation, and this would codify the
regulation.
SENATOR DOLLINGER: Okay.
Through you, Madam President, just briefly on
the bill.
I'm going to vote in favor of this
bill. And this is an issue which has plagued,
5454
quite frankly, the community of Rochester,
New York, that I represent as well. We don't
have enough inspections in our retail food
establishments.
We have small grocery stores, small
convenience stores. Oftentimes, quite
frankly, they're selling old and outdated
food, and what they're really doing is selling
drugs and guns under the table. And when we
go in and do a food inspection, which
unfortunately doesn't happen enough in
Rochester, New York, they're cited for
violations and nothing ever really happens.
They are fronts as grocery stores, and they're
really selling alcohol to minors under age and
selling illegal and other substances both
under, over and around the counter.
And the only thing I would suggest
to Senator Velella is that this bill gives
additional powers to a department that's
woefully understaffed. What we ought to do is
look at the budget and put more money in the
budget. Hiring four more inspectors, which I
think breaks down to less than one additional
inspector per region in this state, isn't
5455
enough. We've got to put our money where our
language is.
This would be a great bill if we
had, frankly, 50 percent more inspectors. I'm
afraid that the additional requirements in
this bill mean that it will become largely a
piece of paper and not translate into real
action to clean up these -- unfortunately,
this proliferation of small neighborhood -- we
used to call them mom and pops. They're no
longer mom and pop, because your mom and pop
wasn't selling, frankly, drugs and alcohol and
other things over the counter in these stores.
But these stores nonetheless have
proliferated in many neighborhoods, including
in the city of Rochester. It's a good thing
that we're turning our attention to them, but
let's put more resources, a couple of million
dollars more, into proper inspection so that
the words on the paper have real teeth.
ACTING PRESIDENT McGEE: Senator
Hevesi.
SENATOR HEVESI: On the bill.
ACTING PRESIDENT McGEE: Senator
Hevesi, on the bill.
5456
SENATOR HEVESI: Thank you, Madam
President.
First, in reference to Senator
Dollinger's comments, I hope to see a request,
a budgetary request for the next fiscal year
for additional resources so that the
department can adequately implement the
provisions of this legislation.
This bill is a terrific bill. I
want to compliment Senator Velella and
Assemblyman Klein for bringing this
legislation before us. And I happen to know a
little bit about the genesis of this
legislation, since several months ago
Assemblyman Klein exposed with a report a
problem that I don't believe was -- really had
been brought to the public attention prior to
his research on this.
And it showed that so many
supermarkets in New York City had horrendous
conditions, including rodent infestation and
just awful conditions. And that, worse than
that -- and I bring this up because the bill
addresses that -- that these establishments
didn't seem to have as their highest priority
5457
remedying these problems.
And so this bill is terrific in a
number of ways, the first being that it
codifies, as Senator Velella said, into law
the annual inspections. But if an
establishment fails the second inspection,
they no longer are required to be inspected
every 12 months but every six months, until
they pass two consecutive ones. And on the
third one, most importantly, you fail three in
a row, that's it, you can be shut down.
And in that same vein, to provide
an incentive for organizations that are
running supermarkets to really do what they're
supposed to do, now they have to have the
inspection results posted conspicuously.
So this is terrific legislation. I
want to commend Senator Velella, particularly
Assemblyman Klein, for bringing this to
everyone's attention. This is going to
protect consumers who are now, as a result of
this bill, going to have a much greater
likelihood that when they go shopping in their
stores, that those stores are safe and that
the products they're buying are healthy, safe,
5458
and up to par.
And it has teeth. Because if the
people who are running the stores don't do it,
they're going to be punished for it and
punished severely.
So hats off to Senator Velella and
Assemblyman Klein. This legislation is
absolutely essential. I am proud to vote in
the affirmative.
ACTING PRESIDENT McGEE: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill. I just rise to show
that -
ACTING PRESIDENT McGEE: Senator
Schneiderman, on the bill.
SENATOR SCHNEIDERMAN: -- to show
that the rampant suck-uppery around here is
not limited to family members.
I also would like to commend
Assemblyman Klein, who has done an
extraordinary job, not just on this but in
other areas dealing with agriculture and
markets and marketing.
And I also must commend, for his
5459
work on this, Senator -- Senator Velella, for
his fine work on this bill.
Thank you.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR VELELLA: Madam
President, on the bill.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: I might want
one second to rethink, in view of the new
support that I've found, and praise for
myself, my position on this bill.
But let's read the last section
anyway.
ACTING PRESIDENT McGEE: Scary,
yes.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
5460
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you call up Calendar Number 1485.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1485, by Senator Skelos, Senate Print 7930A,
an act to amend the Public Authorities Law and
the Tax Law, in relation to creating.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: There is
a message of necessity at the desk, Senator
Skelos.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor will say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
motion is accepted.
5461
Read the last section.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Skelos, an explanation has been requested.
SENATOR SKELOS: Madam President,
this legislation, which is a Governor's
program bill -- and certainly I thank Governor
Pataki, as do the people of Nassau County, for
the leadership that he has shown. I also
thank Senator Bruno, Speaker Silver, and Tom
DiNapoli, Assemblyman Tom DiNapoli, in the
Senate delegation and the Assembly delegation
who have worked very closely on a bipartisan
basis to develop this legislation.
We have also received a home rule
message from the county legislature in support
of this legislation.
What it would do, it would create
the Nassau County Interim Finance Authority.
NIFA would have oversight and would have
control board powers under certain
circumstances.
A seven-member board would be
appointed by the Governor. The State
5462
Comptroller, the Senate, and the Assembly
would each recommend one of these
appointments. Nassau County residency would
be required except for two of the appointments
by the Governor.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Finance
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you call up Calendar Number 1486, by
5463
Senator Marcellino.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1486, by Senator Marcellino, Senate Print
7938B, an act to authorize the County of
Nassau and the Syosset School District.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
ACTING PRESIDENT McGEE: Yes,
Senator Skelos, there is a message of
necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT McGEE: The
motion is to accept the message of necessity.
All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(Response of "Aye.")
ACTING PRESIDENT McGEE: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5464
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you call up Calendar Number 1498.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1498, by the Senate Committee on Rules, Senate
Print Number 8128, an act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law, in
relation to the franchise fee paid.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
SENATOR DUANE: Explanation,
5465
please.
ACTING PRESIDENT McGEE: Senator
Larkin, an explanation has been requested.
SENATOR LARKIN: By whom?
ACTING PRESIDENT McGEE: Senator
Duane.
Senator Larkin, do you yield for an
explanation?
SENATOR LARKIN: Yes, Madam
President.
ACTING PRESIDENT McGEE: Please
proceed with an explanation.
SENATOR LARKIN: Well, this bill
is a complement to the bill on subordination
we did about a month ago that was passed
unanimously.
But the key parts of this bill is
the first 2 million that NYRA would take in
goes to the horsemen for their purposes. The
franchise tax out of this is paid at the
corporate franchise tax rate, in accordance
with the New York Tax Law, to the State of New
York.
NYRA retains any money after the
payment of the taxes to the state and federal
5466
government. The additional monies, if there
is any, would be used for additional
improvements at the tracks and corporate
purposes, to further racing.
One other point about this here.
The racing at Aqueduct is reduced from 106
days to 95, at their request. And it is
during the Christmas duration.
And the final part is to add to the
subordination that was done here before with
reducing the debt.
This is something that the tracks
wanted, the horsemen wanted. It's a
compilation of what everybody involved in
racing wanted and accepted.
SENATOR DUANE: Okay.
ACTING PRESIDENT McGEE: 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, 61.
ACTING PRESIDENT McGEE: The bill
5467
is passed.
Senator Wright.
SENATOR WRIGHT: Madam President,
I request unanimous consent to be recorded in
the negative on Calendar Number 1479.
ACTING PRESIDENT McGEE: Without
objection, so recorded.
Senator Wright.
SENATOR WRIGHT: Madam President,
I wish to call up Calendar Number 754,
Assembly Print Number 1213D.
ACTING PRESIDENT McGEE: Motions
and resolutions.
The Secretary will read.
THE SECRETARY: Calendar Number
754, by Member of the Assembly Brodsky,
Assembly Print Number 1213D, an act to amend
the Social Services Law.
SENATOR WRIGHT: I now move to
reconsider the vote by which this Assembly
bill was substituted for Senate Print Number
1469D on June 13th.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
5468
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR WRIGHT: I now move that
Assembly Bill Number 1213D be recommitted to
the Committee on Rules and the Senate bill be
restored to the order of Third Reading
Calendar.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR WRIGHT: Madam President,
I move to recommit Senate Print Number 5207A,
Calendar Number 85 on order of third reading,
to the Committee on Local Government, with
instructions to said committee to strike the
enacting clause.
ACTING PRESIDENT McGEE: So
ordered.
ACTING PRESIDENT WRIGHT: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk at this
point?
ACTING PRESIDENT WRIGHT: Yes,
there is.
Senator Meier.
5469
SENATOR MEIER: Mr. President, on
behalf of Senator Leibell, I wish to call up
his bill, Senate Print Number 7863, recalled
from the Assembly, and which is now at the
desk.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: Calendar Number
1482, by Senator Leibell, Senate Print 7863,
an act to amend the Public Authorities Law and
the Retirement and Social Security Law.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT WRIGHT: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR MEIER: Mr. President, I
mow move to discharge, from the Committee on
Rules, Assembly Print Number 11063 and
substitute it for Senator Leibell's identical
bill.
5470
ACTING PRESIDENT WRIGHT: The
substitution is ordered.
SENATOR MEIER: Mr. President,
the Senate bill on first passage was passed
unanimously. I now move that the substituted
Assembly bill have its third reading at this
time.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: Calendar Number
1482, by the Assembly Committee on Rules,
Assembly Print Number 11063, an act to amend
the Public Authorities Law and the Retirement
and Social Security Law.
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT WRIGHT: The
bill is passed.
Senator Meier.
5471
SENATOR MEIER: Thank you, Mr.
President.
On behalf of Senator Leibell, I
wish to call up his bill, Print Number 6315,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: Calendar Number
349, by Senator Leibell, Senate Print 6315, an
act to legalize, ratify and confirm the acts
and proceedings.
SENATOR MEIER: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT WRIGHT: 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 WRIGHT: The
amendments are received.
Senator Morahan.
5472
SENATOR MORAHAN: Thank you, Mr.
President. May I have unanimous consent to be
recorded in the negative on Calendar 1464.
ACTING PRESIDENT WRIGHT: Without
objection, Senator, you will be recorded in
the negative.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please bring up active list number
2 -- Supplemental Active List Number 1.
ACTING PRESIDENT WRIGHT:
Supplemental Active List Number 1.
The Secretary will read.
THE SECRETARY: Calendar Number
738, by Senator Goodman, Senate Print 7286, an
act to amend the Tax Law, in relation to
requiring.
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5473
ACTING PRESIDENT WRIGHT: The
bill is passed.
THE SECRETARY: Calendar Number
797, by Member of the Assembly Cahill,
Assembly Print Number 7464B, an act to amend
the Workers' Compensation Law, in relation to
coverage.
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT WRIGHT: The
bill is passed.
THE SECRETARY: Calendar Number
941, by Senator Hoffmann, Senate Print 7798A,
an act to amend the Agriculture and Markets
Law, in relation to authorizing.
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
5474
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT WRIGHT: The
bill is passed.
THE SECRETARY: Calendar Number
1242, by Senator Kuhl, Senate Print 7561B, an
act to authorize the Department of
Correctional Services or the Commissioner of
General Services.
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT WRIGHT: The
bill is passed.
THE SECRETARY: Calendar Number
1461, by Senator Velella, Senate Print 8086,
an act to amend the Insurance Law, in relation
to the definition.
5475
ACTING PRESIDENT WRIGHT: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT WRIGHT: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT WRIGHT: The
bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT WRIGHT: Senator
Skelos.
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Finance
Committee at the desk. I ask that it be read.
ACTING PRESIDENT WRIGHT: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the Crime Victims
Board, Benedict Monachino, Esquire, of
5476
Brooklyn.
SENATOR SKELOS: Please recognize
Senator Nozzolio.
ACTING PRESIDENT WRIGHT: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. It's with great honor that I rise
in support of the nomination by Governor
Pataki of Benedict Monachino to serve as a
member of the New York State Crime Victims
Board.
Mr. Monachino comes extremely well
qualified to this position, has demonstrated a
very active interest in the criminal justice
process, and has served in a variety of
capacities, in public and private capacities
as a counselor, involved in criminal justice
matters. That most recently as a clerk,
principal law clerk, to the New York State
Supreme Court.
That Mr. Monachino came before the
Crime Victims, Crime and Corrections
Committee, was very keenly interested in
serving crime victims, demonstrated that keen
interest to the committee, and the committee
5477
was impressed with his willingness to serve
and the energy which he will bring to the
service of crime victims.
We ask the nominee to also keep
this body apprised of crime victims matters
and how we can make the Crime Victims
Compensation Board a more effective and
efficient advocate on behalf of crime victims.
And his willingness to do that was certainly
appreciated.
That we certainly are impressed and
voted unanimously to endorse this candidate,
and look forward to his full, complete
confirmation by the Senate.
SENATOR SKELOS: Move the
nomination, please.
ACTING PRESIDENT WRIGHT: The
motion is on the confirmation of Benedict
Monachino to the position of member of the
Crime Victims Board. All in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed, nay.
(No response.)
5478
ACTING PRESIDENT WRIGHT:
Confirmed.
Mr. Monachino, please rise. On
behalf of Senator Bruno and all of the members
of the New York State Senate, we offer our
congratulations and best wishes and know that
you will serve the people of New York State
well.
Thank you.
(Applause.)
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, Robert Dennison,
of -
ACTING PRESIDENT WRIGHT: I'm
sorry.
Senator Skelos.
SENATOR SKELOS: Can we skip that
for one moment and go on to the next
appointment.
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: As a member of
the Adirondack Park Agency, James Frenette, of
5479
Tupper Lake.
SENATOR SKELOS: Move the
nomination.
SENATOR STAFFORD: Move the
nomination.
ACTING PRESIDENT WRIGHT: The
motion is on the nomination of James Frenette,
of Tupper Lake, to be reappointed as a member
of the Adirondack Park Agency. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed, nay.
(No response.)
ACTING PRESIDENT WRIGHT: The
confirmation is approved.
The Secretary will read.
THE SECRETARY: As a member of
the State Board of Parole, Robert Dennison, of
Eastchester.
ACTING PRESIDENT WRIGHT: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
we had two fine nominees appear before the
Finance Committee this morning -- or this
5480
afternoon, I guess. And I certainly
compliment the Governor on the appointments,
and compliment them.
It's a pleasure for me now to yield
to Senator Spano.
ACTING PRESIDENT WRIGHT: Senator
Spano.
SENATOR SPANO: Thank you, Mr.
President. It is my pleasure to stand in
favor of the nomination of Robert Dennison to
the State Board of Parole.
Robert Dennison is a resident of
the town of Eastchester in Westchester County.
He is a person who has a long history and
career in Westchester, starting in Westchester
County Probation, back in the seventies, up to
right now, in working as a deputy regional
director in parole.
He has held a series of different
positions in parole over the years, and in
corrections, has had an outstanding record in
this area and knows the issues very
thoroughly. In addition to that, he is a
graduate of Iona College, which is my alma
mater as well.
5481
And it's my pleasure to thank the
Governor for an outstanding appointment and to
speak in favor of the appointment of Robert
Dennison as a member of the State Board of
Parole.
Thank you, Mr. President.
ACTING PRESIDENT WRIGHT: The
question is on the confirmation of Robert
Dennison to be appointed as a member of the
State Board of Parole. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed, nay.
(No response.)
ACTING PRESIDENT WRIGHT: The
confirmation is approved.
Mr. Dennison, on behalf of Senator
Bruno and all of the members of the New York
State Senate, we extend our congratulations
and best wishes to you, and wish you all good
health in serving the people of the State of
New York.
Thank you.
(Applause.)
5482
ACTING PRESIDENT WRIGHT: The
Secretary will read.
THE SECRETARY: As members of the
Central New York Regional Transportation
Authority, Robert E. Colucci, Jr., of
Syracuse, and Joanne Reddick, of Syracuse.
As a member of the New York State
Bridge Authority, Roderick O. Dressel, of New
Paltz.
As a member of the Ogdensburg
Bridge and Port Authority, Reverend Monsignor
Robert J. Giroux, of Waddington.
As a member of the
Rochester-Genesee Regional Transportation
Authority, Marilyn Schutte, of Rochester.
As a public member of the State
Banking Board, Michael R. Ambrecht, Esquire,
of Point Lookout.
As members of the Correction
Medical Review Board, John Rugge, M.D., of
Glens Falls, and Barbara C. Wolf, M.D., of
Albany.
As a member of the Lake George Park
Commission, Mark C. Johnson, Ph.D., of Silver
Bay.
5483
As a member of the State Racing
Commission, John A. Tesiero, Jr., of
Amsterdam.
As a member of the Stewart Airport
Commission, Drew A. Kartinganer, of Newburgh.
As a member of the State Council on
the Arts, Mary B. Buchan, of Rochester.
And as a member of the State Fire
Prevention and Building Code Council, Gunnar
Neilson, of Ossining.
ACTING PRESIDENT WRIGHT: The
question is on the confirmation of the
nominees as read heretofore. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT WRIGHT:
Opposed, nay.
(No response.)
ACTING PRESIDENT WRIGHT: The
nominees are hereby confirmed.
SENATOR DUANE: Madam President.
ACTING PRESIDENT McGEE: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Madam
President. With unanimous consent, I'd like
5484
to be recorded in the negative on Calendar
Number 1461, S8086, and also on Calendar
Number 797, S4085B, which is another dumb
bill.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Without
objection, so recorded.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to the order of messages
from the Assembly.
ACTING PRESIDENT McGEE: The
chair hands down a message from the Assembly.
The Secretary will read.
THE SECRETARY: On motion of
Mr. Bruno, and by unanimous consent, the rules
are suspended, and said bill ordered to a
third reading: Calendar Number 1502, by the
Assembly Committee on Rules, Assembly Print
Number 11096, an act to amend the Energy Law,
in relation to energy performance contracts.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5485
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
ACTING PRESIDENT McGEE: Yes.
SENATOR SKELOS: As we are doing
the housekeeping, there will be an immediate
conference of the Majority, in the Majority
Conference Room, which should last until about
3:30.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Majority
conference, in the Majority Conference Room.
Immediately. The conference should last until
approximately 3:30.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President. On behalf of Senator
Velella, I wish to call up Senate Print Number
8002, recalled from the Assembly, which is now
5486
desk.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1492, by Senator Velella, Senate Print 8002,
an act to amend the Civil Practice Law and
Rules.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President. I now move to reconsider the
vote by which the bill was passed.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to recommit the bill to
the Committee on Rules.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR FUSCHILLO: Thank you.
5487
ACTING PRESIDENT McGEE: Thank
you.
SENATOR FUSCHILLO: No, thank
you.
ACTING PRESIDENT McGEE: My
pleasure.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
ACTING PRESIDENT McGEE: The
Secretary will read.
SENATOR SKELOS: If we could make
them at this time. Thank you.
THE SECRETARY: On page 6,
Senator Maziarz moves to discharge, from the
Committee on Rules, Assembly Bill Number 1448A
and substitute it for the identical Senate
Bill Number 5180B, Third Reading Calendar 159.
On page 12, Senator Johnson moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9675A and substitute it
for the identical Senate Bill Number 6243A,
Third Reading Calendar 470.
On page 24, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10971 and substitute it
5488
for the identical Senate Bill Number 7660,
Third Reading Calendar 923.
On page 25, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9460 and substitute it
for the identical Senate Bill Number 6465,
Third Reading Calendar 931.
On page 28, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1035B and substitute it
for the identical Senate Bill Number 1484A,
Third Reading Calendar 1053.
On page 30, Senator Morahan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 10392 and substitute it
for the identical Senate Bill Number 7634,
Third Reading Calendar 1106.
On page 33, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7454A and substitute it
for the identical Senate Bill Number 7608A,
Third Reading Calendar 1147.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Marcellino.
5489
SENATOR MARCELLINO: Madam
President, is there any other housekeeping?
ACTING PRESIDENT McGEE: No.
SENATOR MARCELLINO: All right.
The Senate will stand at ease.
And there will be an immediate
meeting of the Majority Conference in the
Majority Conference Room.
ACTING PRESIDENT McGEE: The
Senate stands at ease. There is a Majority
conference in the Majority Conference Room,
immediately.
(Whereupon, the Senate stood at
ease at 3:07 p.m.)
(Whereupon, the Senate reconvened
at 4:04 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 390.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 390.
THE SECRETARY: Calendar Number
390, by Senator Alesi, Senate Print 6232B, an
act to amend the General Obligations Law, in
5490
relation to liability.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message of necessity is accepted. The bill is
before the house.
SENATOR SKELOS: Please lay it
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
SENATOR SKELOS: Mr. President,
there will be a meeting of the Rules Committee
at 4:10 in the Majority Conference Room.
ACTING PRESIDENT MEIER: Meeting
5491
of the Rules Committee at 4:10 in the Majority
Conference Room.
Senator Skelos.
SENATOR SKELOS: Please recognize
Senator Smith.
ACTING PRESIDENT MEIER: Senator
Smith.
SENATOR ADA SMITH: Thank you,
Mr. President. I request unanimous consent to
be recorded in the negative on Calendar Number
797.
ACTING PRESIDENT MEIER: Without
objection, Senator Ada Smith will be recorded
in the negative on Calendar 797.
SENATOR ADA SMITH: Thank you for
recognizing the difference.
ACTING PRESIDENT MEIER: It's
unmistakable.
Senator Skelos.
SENATOR SKELOS: Stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:06 p.m.)
(Whereupon, the Senate reconvened
5492
at 4:25 p.m.)
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, can we please have some order in
the chambers, please, and shut the doors.
ACTING PRESIDENT MEIER: Can we
have some order in the chamber, please.
SENATOR FUSCHILLO: Mr.
President, can we return to reports of
standing committees. I believe there's a
report of the Rules Committee at the desk.
Can we kindly have it read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1633A, by Senator
LaValle, an act to amend the Tax Law;
2535A, by Senator Larkin, an act to
amend the Insurance Law;
3132A, by Senator Leibell, an act
to amend the Retirement and Social Security
5493
Law;
3137A, by Senator Leibell, an act
to amend the General Municipal Law;
3990, by Senator Velella, an act to
amend the General Municipal Law;
4008A, by Senator Marchi, an act in
relation to allowing;
4035A, by Senator Goodman, an act
to amend the Alcoholic Beverage Control Law;
4197, by Senator Saland, an act to
authorize the payment;
4540A, by Senator Farley, an act to
amend the Banking Law and others;
4908A, by Senator Farley, an act to
amend the Workers' Compensation Law;
4931A, by Senator Spano, an act to
amend the Retirement and Social Security Law;
5012B, by Senator Seward, an act to
amend the Executive Law;
5039A, by Senator Libous, an act to
amend the Real Property Law;
5083A, by Senator DeFrancisco, an
act to amend the Town Law;
5130D, by Senator Johnson, an act
to amend the Public Authorities Law;
5494
5785, by Senator Leibell, an act to
amend the Education Law;
5998, by Senator Hannon, an act to
amend the Public Authorities Law;
6176, by Senator Seward, an act to
amend the Public Health Law;
6322A, by Senator Seward, an act to
amend the Education Law;
6377, by Senator Padavan, an act to
amend the Public Authorities Law;
6488, by Senator Velella, an act to
amend the Insurance Law;
6732A, by Senator Seward, an act to
amend the Insurance Law;
7047A, by Senator Farley, an act to
amend the Banking Law;
7527, by Senator Velella, an act to
amend the Criminal Procedure Law;
7547, by Senator Leibell, an act to
amend the Not-For-Profit Corporation Law;
And 7956, by Senator A. Smith, an
act to amend Chapter 239 of the Laws of 1995.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
5495
Fuschillo.
SENATOR FUSCHILLO: Move to
accept the report of the Rules Committee, Mr.
President.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: Yes, we
have some motions.
Senator Seward.
SENATOR SEWARD: I wish to call
up, on behalf of Senator Velella, his bill
Print Number 8086, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
5496
Secretary will read.
THE SECRETARY: Calendar Number
1461, by Senator Velella, Senate Print 8086,
an act to amend the Insurance Law.
SENATOR SEWARD: Mr. President, I
now move to reconsider the vote by which this
bill was passed and ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR SEWARD: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 11227 and
substitute it for the identical bill.
ACTING PRESIDENT MEIER:
Substitution ordered.
SENATOR SEWARD: And I now move
that the substituted Assembly bill have its
third reading at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1461, by the Assembly Committee on Rules,
5497
Assembly Print Number 11227, an act to amend
the Insurance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: The bill
previously passed by a vote of 60 to 1.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, are there any substitutions at the
desk?
ACTING PRESIDENT MEIER: Yes,
there are.
SENATOR FUSCHILLO: Can we have
some order in the chambers as well.
5498
Please take them up.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 9,
Senator Hannon moves to discharge, from the
Committee on Rules, Assembly Bill Number 6662A
and substitute it for the identical Senate
Bill Number 4765A, Third Reading Calendar 362.
On page 19, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6714B and substitute it
for the identical Senate Bill Number 1594B,
Third Reading Calendar 796.
And on page 37, Senator LaValle
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8834A and
substitute it for the identical Senate Bill
Number 8144, Third Reading Calendar 1441.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, can we have the noncontroversial
reading of Supplemental Calendar Number 57B,
please.
5499
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, if we can lay aside that calendar
reading for the moment and return to
Supplemental Calendar Number 57A. And please
take up Calendar Number 1500.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1500.
THE SECRETARY: Calendar Number
1500, by the Senate Committee on Rules, Senate
Bill Number 8167, an act to amend the Tax Law
and others, in relation to the payment of
state collected taxes.
SENATOR FUSCHILLO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR FUSCHILLO: Move to
accept.
ACTING PRESIDENT MEIER: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
5500
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
There is a home rule message at the
desk.
The Secretary will read.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: This is a
consensus by the Governor, the Assembly, and
this house. New York City will increase its
bonding authorization -- we will increase its
bonding authorization by $4 billion, and this
will be through the transitional finance
agency. This will be to implement the city's
ten-year capital plan, and it allows borrowing
which will be adequate.
Also, Mr. President, this bill
provides for funding assistance for the school
districts of Buffalo and Yonkers.
5501
And finally, Mr. President, this
provides state transitional aid for Nassau
County, initially $30 million of a total
possibly up to $100 million.
And these monies, of course, will
not be released without approval of an
authority which earlier this Legislature
created today. It has seven members,
appointments by the Comptroller, the Senate,
the Assembly, and the Governor.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Connor.
SENATOR CONNOR: Yes, Mr.
President. This bill obviously combines a
number of measures, including raising the
allowed indebtedness for New York City. And
overall, it addresses some fiscal problems
that have cropped up in various parts of the
state. The case of Buffalo results from what
has been billed as an error in negotiating a
collective bargaining agreement that put
Buffalo in grave distress.
I'm concerned that some parts of
the state may have turned to a
5502
borrow-and-spend philosophy, particularly in
the place like Nassau County, which is
certainly one of the -- I guess the wealthiest
county in New York State by many measures, one
of the wealthiest counties in the United
States by those same measures.
I think we ought to be aware of the
fact that if we look at the per-capita
indebtedness for the city of New York, it's
$4,910 per capita; for the County of Nassau,
it's $2,210 per capita. If you look at the
rest of the state, upstate per-capita
indebtedness is $311. It does say something
about borrowing habits downstate and on Long
Island.
The most interesting thing about
this is, unlike what happened now some 25
years ago when New York City was in fiscal
straits and this Legislature and the state
it's always been billed as bailed out New York
City, but in fact, yes, measures were taken to
stretch out indebtedness, to guarantee bonds
and other indebtedness, creation of the MAC
bond to allow the city to get into a market,
the bond market, which the city itself was
5503
foreclosed from.
No one, not the state or federal
government, ever gave New York City and its
taxpayers a gift. Never a gift. And the
taxpayers of New York City paid back every
nickel with interest.
We have now -- and we've done it in
the last couple of years for some of our
smaller cities, but we are now embarking to
larger degree on simply giving money to a
locality to bail them out. Something that was
not done before. And of course it begs the
question that's been on everyone's mind for a
year or more: What exactly is wrong in Nassau
County?
And I think the answer to that
question remains -- frankly, remains to be
seen and will come. A lot is wrong there.
And what is good there seems to be
an effort, a bipartisan effort on the part of
a lot of people to get to that answer.
This bill, Mr. President, requires,
in my opinion, a two-thirds vote because it
involve a gift. It involves money going to a
local purpose that's not going to be repaid.
5504
Be that as it may, I urge my
Democratic colleagues to join in supporting
this, because the threat not only to the
taxpayers of Nassau County but to the whole
fiscal structure of the state is very, very
real if one of our largest and wealthiest
counties is permitted to founder.
Earlier today we took measures to
ensure, as Senator Skelos then pointed out,
fiscal accountability for the future. And in
this bill we put up the money, so to speak.
And hopefully working together, as
the Democrats and Republicans will in this
house to ensure passage, we will see better
days in the wealthiest county in the state
with the highest local tax burden of anywhere
in the state -- in fact, one of the highest
local tax burdens in the country, that, in an
era of great -- of high employment and high
regional prosperity seems to have been unable
to get its fiscal house in order.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
5505
President, I rise because this bailout, this
financial contribution and support from the
State of New York not only for Nassau County
but, frankly, for Buffalo and the City of
Yonkers I think just merits at least one
comment about the notion of public debt.
And while today we address the
problems of public debt most apparently in
Nassau County, there's a warning in what we do
today that should not go unheeded.
The State of New York has more
public debt than any other state, $37 billion
worth. The City of New York has the second
largest amount of public debt, $31 billion
worth. The MTA and the TBTA have,
respectively, about $7.8 billion and $5.4
billion in debt. Nassau County has now $2.7
billion in debts. Nassau County has more
public debt than 12 states. New York State,
if you add New York City, the MTA, the TBTA,
and Nassau County, has more public debt
associated with it than the next ten largest
states.
We could -- our debt covers that of
ten states. $77 billion in public debt is
5506
being carried by those five levels of
government at 5 percent interest. At
5 percent interest, those governments are
paying $3.5 billion in interest payments. Is
it any wonder that our debt rating is so poor?
Is it any wonder that if someday
that bad old word that Alan Greenspan goes to
bed each night thinking it will never
happen -- inflation -- someday comes, a
1 percent change in the capital debt of New
York State and New York City, the MTA, the
TBTA, and Nassau County, a 1 percent change
will cause $700 million in additional interest
payments for those governments?
$700 million, things that we can do
lots of good things with. 1 percent inflation
will cost the levels of government that much
money. And we will get nothing for it. We'll
simply pay off the debts for things we've
already bought.
In 1846, the state -- this state
had undergone period of unprecedented
prosperity in the wake of the construction of
the barge canal, the Erie Canal. And in fact,
we began a terrible trend. For ten years we
5507
didn't raise any taxes. The New York State
Senate never levied a tax for ten years. And
what they did is they used public debt to pay
the state's bills.
In the financial crisis of 1845,
that house of cards came tumbling down, and
the state was insolvent. They called a
constitutional convention, and they did one
critically important thing. They said no more
government obligation debt without voter
approval. Let the people decide how much
money we borrow. We can't trust the State
Legislature to borrow money.
I would suggest to all my
colleagues, we're $37 billion in debt, most of
that is not public debt. And surprise,
surprise, in a period of tremendous
prosperity, the public debt of this state has
gone up since this man was Governor by
40 percent.
We're not paying our debts. We're
increasing our debt load. In a period of
prosperity when we've got lots of cash, we're
borrowing more than we ever did. I wonder
what we'll do if we someday run into a
5508
recession.
The wisdom of 1848 -- 1846 and the
constitutional convention couldn't be clearer
to me now. If all this debt were
voter-approved, it would be just like the debt
in a place like -- I don't know, pick a state.
Minnesota, $2.5 billion in public debt. Less
than one-tenth what we have.
Despite that, Mr. President, I'm
going to vote in favor of this bill, and let
me tell you why.
I think the biggest problem we have
in this state is the overreliance on property
tax. And I believe that my experience in
government suggests that what public officials
do when they face the property tax, which is
their scorecard for voters, that it is in
their best interest to do everything possible
to reduce property taxes. Because otherwise,
they're politically challenged every time they
raise them. It's apparent in everybody's tax
bill every single year. It's not a quiet tax
like a sales tax. Not even a quiet tax like
withholding that you pay in federal income tax
or state income tax. The property tax shows.
5509
And it becomes the report card for public
officials.
And when they're faced with that
report card, there's every possible incentive
to keep property taxes low, borrow as much
money as you can, use every gimmick you can
find in order to keep the property tax low.
This bill says that we're going to
use broad-based taxes, sales and income taxes,
to cover past debts of Nassau County, to set
up the financial controls that they need to
get back on their feet.
I would suggest to everyone in this
room, we have done some things with respect to
property taxes in the last four or five years.
We need to do more. And what we should look
to are things like the Medicaid pickup, where
the state would use its broad-based taxes to
reduce property taxes, to take away the
temptation from local officials that they will
connive and in some cases they may deceive
their voters -- in some cases, they may
deliberately mislead their voters -- because
they're afraid of the consequences of raising
property taxes.
5510
And I would hope that this is a
chance for us to look at broader use of
broad-based taxes, fairer taxes, progressive
taxes that will work better to resolve the
problems of this state than the overreliance
on property taxes, with all the political
conniving that comes with trying to
artificially keep them low.
That's what's happened in Nassau
County. In my judgment, the political
leadership there simply transferred to debt
obligations that they were unwilling to raise
local property taxes to pay for. In my
opinion, that was deceptive, it was
misleading, it was politically convenient.
But that system -- they were trapped in the
system, which is based on an overreliance on
our property taxes.
Mr. President, I'm going to vote in
favor of this. I think we have to do it. We
did it to New York City, we're doing it in a
different way, a slightly different way for
Nassau County. But the danger of public debt
looms. And I'm afraid that sometime in the
next couple of years this Legislature will
5511
have to look at enormous sacrifices for the
people of our state because we have too much
debt. And that debt will strangle the ability
of this state to be competitive in the future.
We've got to do something about the
problem. We're doing it now. We're
increasing the cap for New York City. We're
taking a step that I hope is just a step, an
immediate remedial step. We need a bigger
broad-based plan to reduce the reliance on
property taxes and use broad-based taxes to
solve our financial problems.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
I'll try to be brief. But I listened to all
this debt argument, and it's all very
interesting.
Senator Padavan and I were here
back in 1974 and '75 when the City of New York
collapsed under a sea of debt. Senator
Dollinger, the alleged amount of our debt is
37 billion in the State of New York. The
actually repay debt is somewhere, I
5512
understand, at 30 billion, because of that
debt is project-sensitive. For instance, the
Thruway debt is paid for out of tolls, so that
the taxpayers don't pay it except out of
tolls. There's a great deal of debt that is
paid for. UDC debt, which is also included.
A number of these debt issues that
bounce around -- and by the way, the
37 billion is a little bit deception too,
because it's not -- I checked into this
sometime ago. Is this actually debt that we
have actually acquired? Some of it is not.
Some of it is debt that is available but has
not necessarily become latched onto the state,
as the saying goes.
Remember, the total budget of the
State of New York is $78 billion. I only
point that out because we are, I think, fifth
or sixth in the country in the per-capita
debt.
Now, look, is it a lot of debt?
Yeah. In 1975, when New York City collapsed,
their budget was $14 billion. Their debt was
$18 billion. That's a problem. That's why
the city collapsed. That's why we set up the
5513
Big MAC. And that's we set up an emergency
control board and that's why we did all the
things that we did to recontrol the City of
New York and get it back on track.
That was indeed a city that really
was in deep trouble. The state almost went
under. Senator Padavan and I were here when
UDC essentially collapsed. In fact, there was
a bill done what they call nunc pro tunc,
which means it was technically signed after
midnight. There were many who told us that if
we let UDC collapse, the stock market would
collapse, the economy of the country might go
with it.
I realize that in a situation like
we're in here, where there's been a lot of
debt -- and, Senator, I was here during the
Cuomo years when we used debt to keep the
budget from surging because the Governor did
not want to cut some of the taxes that we
wanted to cut when we could cut taxes, and yet
wanted to do some spending. And the major
increase in debt, by the way, came in those
years. And I frankly think we'd have been
better not to do that if we could have avoided
5514
that.
And I'm not disputing that there
are some problems. The state still has a huge
surplus, there's no question. We have a
bigger surplus, as I understand it, than we do
a structural deficit for next year by almost
double, maybe triple. That's why when all
these groups run around here telling us about
structural deficit, what they fail to
understand is that we have the money, in
effect, in the bank to cover all that stuff.
So there is no deficit, really.
Is it good policy? Not
necessarily. But one of the pieces of this
bill, as you know, has to do with Buffalo.
And it has to do with a loan to the City of
Buffalo for $45 million. And the details, I
know the details of it. The problem is this.
If we didn't do this now, the way the
Constitution is, and the fact that we have to
educate kids, Buffalo and the State of New
York would have technically been in the same
situation that we were in with Niagara Falls
in the Love Canal time. The real
responsibility for the Love Canal was the
5515
school district in the Niagara Falls and the
City of Niagara Falls, and that's why we
eventually bailed out the City of Niagara
Falls and the school district.
Same reason here. Because if we
didn't move to do something now, the cost
could be -- in Buffalo could have been as high
as $150 million to $200 million, because it
would have gone back to court. Ultimately,
they probably would have settled for something
less. That "something less" could have been
anywhere from $70 to $100 million, which of
course the city couldn't pay for, the school
district couldn't pay for. So kids wouldn't
be taught, school teachers would be laid off.
So who would have to do it? Well,
the answer is you know who would have to do
it. It would be us.
The only thing I'm pointing out is,
and I'm using Buffalo as an example, is that
this is a situation where, like it or not, in
effect the Constitution and our responsibility
to our constituents is involved here. And I
don't have to tell you that.
So, sure, we are concerned about
5516
many of the things that are happening here.
We are concerned about debt. But the State of
New York, I must tell you -- I've been in this
Legislature for 28 years. I have seen us go
up, and I have seen us go down big time. I
saw this state almost go under in 1974, '75,
and '76. I saw us in deep trouble in the late
eighties.
I'll take this era over those eras
anytime you want. Because despite the fact
that we may have some debt, we have to pay it
off -- and by the way, as I understand, our
interest in debt service runs around 4 billion
or something in that area on the state side in
a $78 billion budget. I point that out. The
federal government has a even much more huge
problem than we have. We have to be careful.
But the point I'm trying to make is
that this is something that a county -- the
City of New York, of course, gets a benefit, a
couple of other cities -- it's important that
it needs to be done at this time. And I agree
with you that we should be careful. In a
couple of years, as I understand it, we're
going to see a rather decided decline in our
5517
debt because a number of the issues are coming
up, reissues. What we should do when those
reissues come up is let them fall and let our
debt drop as much as 5 or 6 billion, I
believe, or even more, just because those
debts are going to begin running out from a
few years ago, because it would be good to
begin to bring our debt down.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just to
respond to Senator Volker ever so briefly.
The point Senator Volker makes
about what the debt is, if you actually
included the Thruway and all the other
back-door borrowing debt, the number is
actually closer to 90 billion, not 37 billion.
The number just explodes when you get into
that debt.
And I acknowledge, Senator Volker,
that a lot of that has receipts pledged
against it and other sources of revenue other
than general tax dollars to support.
And the other thing I'll do -- I
want to make sure I'm clear about Senator
5518
Volker's work on this bill. I have privately
praised Senator Volker for what I consider to
be one of those things that as an elected
official and a politician I look at it and
say, what a really tremendous piece of work to
fold the Buffalo teacher problem into this
bill.
Which I think is good politics,
tremendous community-based advocacy, with
Senator Stachowski and Senator Coppola and
Senator Rath and others who were able to marry
these two concepts that you might at first
blush look at and say what do they have in
common. Well, they have in common the
political exigency of a moment to put together
an alliance, an allegiance to do the right
thing.
And I've said, Senator Volker, I'm
going to vote in favor of this bill. But I
still think that the broader issue of debt
matching with resources -- if we run into a
recession, a lot of cherished things that I
think both you cherish, other members of this
house cherish, as well as myself, we're going
to have to sacrifice. Because we've got a
5519
huge nut to pay off when we talk about paying
off and retiring as a state, including our
subdivisions, $70 billion, $80 billion in
debt. Nassau County debt, MTA debt, these are
things that in the long run we may face some
very dire consequences.
I'm willing to do it because of the
reasons that Senator Volker said. It's the
right thing to do now, but around the corner
lurks a wolf. And let's hope that the bright
sunshine keeps the wolf away from our door a
little bit longer. But it's there, and we
should realize it.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Mr. President, I
welcome the spirit that motivates this Senate
in its response, because it's evident to me
that there is a determination to lock arms and
not allow a further infringement on the credit
of this state.
I played more than a cameo role
many years ago, about a quarter of a century
ago, in the resolution of the crisis in the
City of New York. And there were cruel
5520
disciplines that were inflicted at that time
because of the enormity of it. The City of
New York has never failed to meet its
responsibilities under the terms that were
then articulated and we anticipated in time in
the City of New York, with the strictures that
have been applied, that would have phased this
out in the year 2008. We anticipated the
events that were going to take place.
At that time there was a tendency
to say, well, the situation should be allowed
to resolve itself and if there was a pain to
be suffered, it should be accepted as a
resolution. It was not, because we felt that
the credit of the state was involved.
And at that time we had the
cooperation of Mayor Beame; after that, Mayor
Koch, Felix Rodin. Many of you who went
through it, and my two colleagues who were
with us, and Senator Stafford, who was,
rallied to that cause. We had a systemwide
response that evoked, I believe, a positive
impact on the course of future events.
Some things that were never taken
into consideration. We have a fully funded
5521
pension systems. Many states don't have that.
That's over a hundred billion dollars in
assets that we have that some states don't
have.
The other thing is that when they
go to market, they market very quickly,
because they're very anxious to get our bonds,
even in the worst of times. The public was
very anxious to know -- to seize on those
bonds, because they knew that there was a
determination on the part of this state to
respond and to respond affirmatively.
So I'd like to see the spirit that
prevails here in substance. We may say things
around it for a variety of reasons, but this
underlying determination, I think, will
resolve this problem and hopefully will inure
to the conduct of future affairs.
Which are in the balance, in the
balance. When you take into consideration the
infrastructure that we have undergirded and
developed in this state as compared to many
states around the country, even the biggest, I
think should give us more reason to view with
pride than point with alarm.
5522
As alarmed we should be. I think
it's very appropriate to be alarmed, because
if you abandon your vigilance, you lose the
game.
But I think that we can take credit
that, again, we reaffirm that faith in this
state by responding affirmatively to the
challenge that's been posed.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could have the noncontroversial reading
of Senate Supplemental Calendar 57B.
ACTING PRESIDENT MEIER: Senate
Supplemental Calendar 57B.
The Secretary will read the
5523
noncontroversial calendar.
THE SECRETARY: Calendar Number
1503, by Senator LaValle, Senate Print 1633A,
an act to amend the Tax Law, in relation to
providing.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take -
SENATOR COPPOLA: Lay that aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1504, Senator Larkin moves to
discharge, from the Committee on Insurance,
Assembly Bill Number 2426A and substitute it
for the identical Senate Bill Number 2535A,
Third Reading Calendar 1504.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1504, by Member of the Assembly Gantt,
5524
Assembly Print Number 2426A, an act to amend
the Insurance Law, in relation to coverage.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1505, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5864A and substitute it
for the identical Senate Bill Number 3132A,
Third Reading Calendar 1505.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1505 -
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1506, Senator Leibell moves to
discharge, from the Committee on Rules,
5525
Assembly Bill Number 5866A and substitute it
for the identical Senate Bill Number 3137A,
Third Reading Calendar 1506.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1506, by Member of the Assembly Vitaliano,
Assembly Print Number 5866A, an act to amend
the General Municipal Law, in relation to
benefits.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1507, by Senator Velella, Senate Print 3990,
an act to amend the General Business Law, in
relation to making technical corrections.
5526
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section -
SENATOR COPPOLA: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1508, by Senator Marchi, Senate Print 4008A,
an act in relation to allowing prior service
credit.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1509, by Senator Goodman, Senate Print 4035A,
an act to amend the Alcoholic Beverage Control
5527
Law, in relation to imposition of civil
penalties.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR COPPOLA: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1510, by Senator Saland, Senate Print 4197, an
act to authorize the payment of ordinary
disability benefits.
SENATOR PATERSON: Lay the bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1511, by Senator Farley, Senate Print 4540A,
an act to amend the Banking Law, the Insurance
Law, and the General Business Law, in relation
to investment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
5528
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1512, Senator Farley moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8963A and substitute it
for the identical Senate Bill Number 4908A,
Third Reading Calendar 1512.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1512, by the Assembly Committee on Rules,
Assembly Print Number 8963A, an act to amend
the Workers' Compensation Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
5529
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1513, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8792B and substitute it
for the identical Senate Bill Number 4931A,
Third Reading Calendar 1513.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1513, by the Assembly Committee on Rules,
Assembly Print Number 8792B, an act to amend
the Retirement and Social Security Law, in
relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1514, by Senator Seward, Senate Print 5012B,
5530
an act to amend the Executive Law, in relation
to creating the emergency services council.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1515, Senator Libous moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1173C and substitute it
for the identical Senate Bill Number 5039A,
Third Reading Calendar 1515.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1515, by Member of the Assembly Brodsky,
Assembly Print Number 1173C, an act to amend
the Real Property Law, in relation to
5531
disclosure.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1516, by Senator DeFrancisco, Senate Print
5083A, an act to amend the Town Law, in
relation to the establishment of a park
district.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5532
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1517, by Senator Johnson, Senate Print 5130D,
an act to amend the Public Authorities Law, in
relation to prohibiting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act -
SENATOR COPPOLA: Lay this bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1518, Senator Leibell moves to
discharge, from the Committee on Education,
Assembly Bill Number 8370 and substitute it
for the identical Senate Bill Number 5785,
Third Reading Calendar 1518.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
5533
1518, by the Assembly Committee on Rules,
Assembly Print Number 8370, an act to amend
the Education Law, in relation to submitting
and maintaining.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1519, by Senator Hannon, Senate Print 5998, an
act to amend the Public Authorities Law, in
relation to establishing a moratorium.
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.)
5534
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1520, by Senator Seward, Senate Print 6176, an
act to amend the Public Health Law, in
relation to directing the Commissioner of
Health.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: In relation to
Calendar Number 1521, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9331A and substitute it
for the identical Senate Bill Number 6322A,
Third Reading Calendar 1521.
ACTING PRESIDENT MEIER:
5535
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1521, by Member of the Assembly Luster,
Assembly Print Number 9331A, an act to amend
the Education Law, in relation to requiring.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1522, by Senator Padavan, Senate Print 6377,
an act to amend the Public Authorities Law, in
relation to authorizing -
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1524, Senator Seward moves to
5536
discharge, from the Committee on Rules,
Assembly Bill Number 10398A and substitute it
for the identical Senate Bill Number 6732A,
Third Reading Calendar 1524.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1524, by Member of the Assembly Grannis,
Assembly Print Number 10398A, an act to amend
the Insurance Law, in relation to rebating.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1525, by Senator Farley, Senate Print 7047A,
an act to amend the Banking Law, in relation
to the requirements for licensure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
5537
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1526, by Senator Velella, Senate Print 7527,
an act to amend the Criminal Procedure Law, in
relation to the carrying, possession, repair
and disposal of firearms.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Thank you,
Mr. President. Extremely briefly.
I can't understand why we would do
this bill. It authorizes people to carry guns
5538
in hospitals, when the Health and Hospitals
Corporation of the City of New York doesn't
think it's the right thing to do, did a pilot
program and determined that it wasn't the
right thing to do, and we're going to force
them to do it.
I vote no.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Senator Paterson, to explain his
vote.
SENATOR PATERSON: Can we lay
this bill aside, Mr. President?
ACTING PRESIDENT MEIER: We'll
withdraw the roll call. The bill will be laid
aside.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1527, by Senator Leibell, Senate Print 7547,
an act to amend the Not-For-Profit Corporation
Law, in relation to the sale or transfer.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5539
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1528, by Senator A. Smith, Senate Print 7956,
an act to amend Chapter 239 of the Laws of
1995 relating to authorizing the City of New
York.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that concludes the
noncontroversial reading of the supplemental
5540
calendar.
SENATOR SKELOS: Mr. President, I
believe Calendar Number 1509 was inadvertently
laid aside. Could we call that up at this
time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1509.
THE SECRETARY: Calendar Number
1509, by Senator Goodman, Senate Print 4035A,
an act to amend the Alcoholic Beverage Control
Law, in relation to the imposition of civil
penalties.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe Calendar Number 1526 was inadvertently
5541
laid aside. Could we please call up that
bill.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1526.
THE SECRETARY: Calendar Number
1526, by Senator Velella, Senate Print 7527,
an act to amend the Criminal Procedure Law, in
relation to the carrying, possession, repair
and disposal of firearms.
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.)
ACTING PRESIDENT MEIER: Only if
you insist. Yes, Senator Dollinger.
SENATOR DOLLINGER: I don't
insist, Mr. President. I think my objections
to this bill were noted earlier.
I'd just point out that there was a
pilot program, seven years' worth of pilot
program, in which none of the officers ever
used their guns. And, frankly, they
5542
concluded, the Health and Hospitals
Corporation concluded that they wouldn't need
them.
I can't understand why we would do
it when the people who are going to be
protected say "We don't want it."
I vote no.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
The Secretary will record the
negatives and announce the results.
SENATOR ONORATO: Mr. President,
if you would recognize Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
just to explain my vote.
ACTING PRESIDENT MEIER: Senator
Paterson, to explain his vote.
SENATOR PATERSON: I vote no, Mr.
President.
And the reason is that I understand
that 85 percent of the incidents where the
peace officers became involved in incidents
involved patients who were already presumed
5543
not to have weapons. For the few incidents,
and there were apparently very few, that came
up where there was outside intervention, very
few required the use of firearms.
And again, as Senator Dollinger
said, the entity who is policing any
activities that would go wrong in the
hospitals feels they can do it without the
intervention of firearms.
ACTING PRESIDENT MEIER: Senator
Paterson will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1526 are
Senators Coppola, Dollinger, Duane, Mendez,
Onorato, Paterson, Rosado, Sampson, A. Smith,
M. Smith, and Senator Stavisky.
ACTING PRESIDENT MEIER: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1526 are
Senators Coppola, Dollinger, Duane, Mendez,
Onorato, Oppenheimer, Paterson, Rosado, A.
Smith, M. Smith, and Stavisky. Ayes, 50.
Nays, 11.
5544
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Calendar Number
1524 was inadvertently laid aside. Could we
please call it up at this time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1524.
THE SECRETARY: Calendar Number
1524, substituted earlier today by Member of
the Assembly Grannis, Assembly Print Number
10398A, an act to amend the Insurance Law, in
relation to rebating.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
5545
could we go to the controversial part of this
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
1503, by Senator LaValle, Senate Print 1633A,
an act to amend the Tax Law, in relation to
providing an exemption.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
LaValle, Senator Coppola has requested an
explanation of Calendar 1503.
SENATOR LAVALLE: Senator
Coppola, under present law the commercial
fishing vessels are exempted from motor fuel
taxes, except they have to pay it and then
apply for a refund. So for the average
fisherman, they are paying, up front, about
$13,000 on average, up front, fill out a form,
send it to Tax to get their $13,000 back.
What they are doing is they are
fueling up in Connecticut and Rhode Island,
thereby hurting local businesses who would
5546
normally sell them this. But, more
importantly, it's a burden on our commercial
fishermen on Long Island.
SENATOR COPPOLA: Mr. President.
ACTING PRESIDENT MEIER: Senator
Coppola.
SENATOR COPPOLA: If the
sponsor -- I'd like to ask a question, please.
ACTING PRESIDENT MEIER: Senator
LaValle do you yield for a question?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: Senator, what
you're saying is that they'll be paying, then,
up front?
SENATOR LAVALLE: This bill is
fiscally neutral. Because what they do, as I
indicated, is they pay it up front and then
apply to Tax and Finance to get that -- the
tax that they paid back.
The law -- and I can't tell you the
reason. On one hand, we exempt them, so they
are exempt from paying this. But we allow
them to pay it up front, and then we ask them
5547
to apply to Tax and Finance to get it back.
This legislation says let's stop
that game, and an exemption is an exemption is
an exemption. So they shouldn't have to pay
it up front to only get it back.
SENATOR COPPOLA: So -- Mr.
President, I'd like to ask another question.
ACTING PRESIDENT MEIER: Senator
LaValle, do you continue to yield?
SENATOR LAVALLE: Yes, I will
yield.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR COPPOLA: So this will
not hurt them, this piece of legislation?
SENATOR LAVALLE: This bill helps
them.
SENATOR COPPOLA: What you're
trying to do is help them. Like we have the
same problem in Buffalo where everybody goes
to the Indian reservation and buys their
liquor and their cigarettes, and they don't
pay the sales tax and it's hurting all of the
surrounding businesses in the area. So is
this similar to that, Senator?
5548
SENATOR LAVALLE: Senator, I -
no, not at all. Because under the law, they
are exempt. We as a matter of public policy
many years ago established that we wanted to
help our commercial fishermen. So we exempt
them from the fuel -- paying fuel tax. But
for whatever silly reason, they pay it up
front and then get a refund back.
This bill would help them. As a
matter of fact, I'm just going to read you -
I mean, I don't know if I need to spend the
time. But I have one letter here from a
fisherman who says that they are going to
Rhode Island and Connecticut to avoid this
silly game that we have imposed upon them in
the State of New York.
SENATOR COPPOLA: And you have
support, obviously, Senator.
SENATOR LAVALLE: I have broad
support, Senator.
SENATOR COPPOLA: Thank you very
much, Senator.
ACTING PRESIDENT MEIER: There is
a local fiscal impact note at the desk.
Read the last section.
5549
THE SECRETARY: Section 6. This
act shall take effect on the first day of a
sales tax quarterly period.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1504, substituted earlier today by Member of
the Assembly Gantt, Assembly Print Number
2426A, an act to amend the Insurance Law, in
relation to coverage.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: I believe there's
an amendment at the desk.
ACTING PRESIDENT MEIER: Senator
Duane, we need a minute to examine the
amendment.
SENATOR MONTGOMERY: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Montgomery, why do you rise?
5550
SENATOR MONTGOMERY: Yes, Mr.
President. I would like unanimous consent to
be recorded in the negative on Calendar 1526.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 1526.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: I would
ask unanimous consent to be recorded in the
negative on Calendar 1141, Senate 7769A.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 1141.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT MEIER: Senator
Duane, we have -- can we have some order in
the house.
Senator Duane, we've examined the
amendment. The amendment, in the opinion of
the chair, is out of order, inasmuch as it
amends the Senate bill, and the Assembly Bill
is before the house.
SENATOR DUANE: Thank you, Mr.
President. On the ruling.
ACTING PRESIDENT MEIER: Do you
5551
wish to appeal the ruling of the chair,
Senator?
SENATOR DUANE: No, Mr.
President, I want to comment on the ruling.
ACTING PRESIDENT MEIER: Well,
you have -- no, that would be out of order,
Senator.
Senator -- Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I'll bring the amendment forward
at another time.
ACTING PRESIDENT MEIER: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
might we appeal briefly the ruling of the
chair?
ACTING PRESIDENT MEIER: Of
course.
SENATOR PATERSON: Mr. President,
I yield to Senator Duane.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President.
For far too long, people with
5552
mental illness have also been ruled
non-germane. And it's exactly those kinds of
insurance policies which deem people with
mental illness not to have germaneness to
their health policies that continues the
discrimination against persons in recovery
from mental illness and people who are trying
to avoid falling into mental illness.
I'm sad to say that it appears
because of this ruling that the State Senate
is agreeing with this by claiming that my
amendment is out of order.
ACTING PRESIDENT MEIER: The
question is on the motion to appeal the ruling
of the chair. All those in favor of upholding
the ruling of the chair will vote aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MEIER: The
ruling of the chair is upheld.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect in 120 days.
5553
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee, in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee, in
the Majority Conference Room.
Can we have some order in the
chamber.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
can we continue with the controversial
calendar, Number 1505, please.
ACTING PRESIDENT MEIER: The
Secretary will continue in regular order,
beginning with Calendar 1505.
THE SECRETARY: Calendar Number
1505, substituted earlier today by Member of
5554
the Assembly Vitaliano, Assembly Print Number
5864A, an act to amend the Retirement and
Social Security Law, in relation to retirement
plans.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Leibell, Senator Coppola has requested an
explanation of Calendar 1505.
SENATOR LEIBELL: Yes, Mr.
President.
This bill would add a new section,
89U, to the Retirement and Social Security
Law. Specifically, the bill would allow a
county which has adopted a 25-year retirement
plan for sheriffs, undersheriffs, deputy
sheriffs, or correction officers to elect to
provide an additional benefit of one-sixtieth
of final average salary, the FAS, for a year
of service in excess of 25 years.
Members would be limited to a cap
of 15 additional years, making the addition up
to 25 percent of FAS. It's a local option
bill.
SENATOR COPPOLA: Thank you.
5555
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Order in the chamber, please. If
you have a conversation, take it outside.
Will the sergeant-at-arms close the
door, please.
THE SECRETARY: Calendar Number
1507, by Senator Velella, Senate Print 3990,
an act to amend the General Business Law, in
relation to making technical corrections.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: Mr. President,
can we lay that aside temporarily and proceed
to Calendar Number 1511, please, Senator
5556
Farley's bill.
ACTING PRESIDENT MEIER: Calendar
1507 will be laid aside temporarily.
The Secretary will read Calendar
1511.
THE SECRETARY: Calendar Number
1511, by Senator Farley, Senate Print 4540A,
an act to amend the Banking Law and others, in
relation to investment and insurance
activities.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: If the
members have a bill on the calendar, would
they please come to the chamber so that we can
proceed through the calendar.
Senator Bonacic, I believe Senator
Farley is in the Rules Committee meeting.
SENATOR BONACIC: We ask that
that be temporarily laid aside and proceed to
Calendar Number 1510, please.
ACTING PRESIDENT MEIER: 1511
will be temporarily laid aside.
The Secretary will read Calendar
1510.
5557
THE SECRETARY: Calendar Number
1510, by Senator Saland, Senate Print 4197, an
act to authorize the payment of ordinary
disability benefits.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Saland, Senator Coppola has requested an
explanation.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, this bill would
provide for the acceptance posthumously of the
New York State retirement option form
completed by Mr. Kim Harvey.
Mr. Harvey was a state employee in
his mid-40s who was out on disability. His
condition apparently deteriorated. He
completed a retirement option, exercising an
option making his wife his beneficiary for
purposes of his benefits. And
unfortunately -- and he not only signed it,
but it was notarized. Unfortunately, in the
events -- during the course of events
surrounding his last illness, it was not
5558
mailed until after he had died.
It was subsequently mailed and
received, and the retirement system was
unwilling to accept it under those
circumstances.
And this basically is an effort at
equity to try and ensure that this notarized
statement completed prior to his death would
be accepted, and thereby ensuring that his
wife would receive his death benefits.
SENATOR COPPOLA: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
the remaining four bills on the controversial
5559
calendar are by members who are presently
attending a Senate Rules meeting. And we'd
just ask that we stand at ease till that
meeting is over and those members can address
those bills when they come back.
ACTING PRESIDENT MEIER: The
Senate will stand at ease pending the
adjournment of the Rules Committee meeting.
SENATOR BONACIC: Thank you, Mr.
President.
(Whereupon, the Senate stood at
ease at 5:40 p.m.)
(Whereupon, the Senate reconvened
at 5:45 p.m.)
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: Mr. President,
can we now go on the controversial calendar to
Number 1507, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1507.
THE SECRETARY: Calendar Number
1507, by Senator Velella, Senate Print 3990,
an act to amend the General Business Law, in
relation to making technical corrections.
5560
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Velella, an explanation has been requested of
Calendar 1507 by Senator Coppola.
SENATOR VELELLA: Yes, Senator,
this is exactly what the caption indicates.
It's a technical correction.
When we passed the bill I believe a
year ago or two ago, it made reference in that
bill to the General -- the General Business
Law, which prohibited the pawning of any
weapon or instrument, as enumerated in Section
265.05 of the Penal Law. That was an error,
and it should have read Section 265.00 of the
Penal Law, which defines certain weapons.
Section 265.05 refers to juvenile offenses.
So the reference in our original
legislation which amended Section 47 of the
General Business Law amended the wrong
section. And this was a bill that was sent to
me by the New York State Police to recommend
that change and correction, as it was in error
when we originally passed the bill.
SENATOR COPPOLA: I'm glad they
5561
caught that mistake, Mr. President. Thank
you.
SENATOR VELELLA: Senator, we're
ever vigilant.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1511, by Senator Farley, Senate Print 4540A,
an act to amend the Banking Law, the Insurance
Law, and the General Business Law, in relation
to investment and insurance activities.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Farley, Senator Coppola has requested an
explanation of Calendar 1511.
5562
SENATOR FARLEY: Thank you, Mr.
President.
Senator Coppola, in November of
1999 Congress passed the Gramm-Leach-Bliley
Act, and this overhauled the nation's
financial laws and removed many of the
statutory barriers to affiliations between
banks, security firms, insurance companies.
In addition, this federal law preempts state
restrictions on affiliations between financial
companies.
Now, New York State law currently
contains many limitations on affiliations
between banks, security firms, and insurance
companies. Federal laws supersede these laws.
However, in order to clean up the law and to
resolve any uncertainty or questions about the
applicability of these laws, this bill would
enact several technical and conforming
amendments which are consistent with federal
law.
All we're doing is making our law
consistent with federal law, which it has to
be because it's superseded. It's rather
confusing if we have laws on the books which
5563
are not effective.
For example, this bill -- the bill
repeals New York's "mini Glass-Steagall Law,"
which restricts affiliations between banks and
security firms, and it also limits
affiliations between banks and insurance
companies. It ensures that banks which engage
in security activities are subject to the same
regulations that apply to other security
dealers.
Why was this bill amended just
recently? I'm anticipating a question.
Because there's other sections of the laws
which are affected, and it just corrected
them. It's more or less a conformity law and
a cleanup bill. It's kind of technical.
SENATOR COPPOLA: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5564
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read Calendar
1517.
THE SECRETARY: Calendar Number
1517, by Senator Johnson, Senate Print 5130D,
an act to amend the Public Authorities Law, in
relation to prohibiting.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Johnson, Senator Coppola has requested an
explanation of Calendar 1517.
SENATOR JOHNSON: Thank you, Mr.
President.
Senator Coppola, this bill
provides -- well, you may be aware that we
have the national program called 1 Million
Solar Roofs. And this state has similar
encouragement for photovoltaics and
alternative energy sources.
A bill passed last year that said
if you hook up an alternative source of energy
such as photovoltaics, you can do so and
5565
actually turn your meter back during the day,
generate additional electricity, and save some
money.
But if you disconnect completely
from the power grid and have your own source
of energy, then the utilities generally charge
you a substantial exit fee for getting off the
line, because you're not using their service
anymore.
This tactic by utilities
discourages people from going into alternative
energy, because it's not as cost-effective if
you have an additional cost just -- besides
the installation, the cost of disconnecting
and paying the utility for that.
Now, we don't have a traditional
utility on Long Island, we have what is called
the Long Island Power Authority. And so this
amends a different part of the law from the
Utilities Law. But it essentially says they
cannot charge us an exit fee if we decide to
use alternative energy to save energy for
others on the power grid if we have our own
source of energy.
That's all it does. It's really
5566
another encouragement to what we would like to
do environmentally.
ACTING PRESIDENT MEIER: Senator
Coppola.
SENATOR COPPOLA: Mr. President,
a question for the sponsor, please.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for a question?
SENATOR JOHNSON: Yes.
SENATOR COPPOLA: Senator, was
this part of the power choice that was
implemented by the Public Service Commission
two years ago?
SENATOR JOHNSON: I'm sorry,
Senator, it's very hard to hear over here with
the door open. Would you please repeat your
question?
SENATOR COPPOLA: Was this part
of the power choice agreement that was done
with the Public Service Commission and all the
utility companies in New York State when you
pay the exit fees? Is that part of that?
SENATOR JOHNSON: I'm not
familiar with the agreement to which you're
making reference.
5567
This is strictly limited to the
Long Island Power Authority. They're not
under the supervision of the Public Service
Commission.
SENATOR COPPOLA: Well -- they're
not under the supervision of the Public
Service Commission?
SENATOR JOHNSON: That's correct.
Because they're not a utility, they're an
authority. Everyone in -- the chairman who
released the bill understands it. Senator
Wright understands the difference.
And this bill is designed in such a
way it doesn't affect anyone except Long
Island Power Authority. And they are unique
in that respect.
SENATOR COPPOLA: Mr. President,
another question, please.
ACTING PRESIDENT MEIER: Senator
Johnson, do you continue to yield?
SENATOR JOHNSON: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: Senator, I'm
just trying to distinguish between your
5568
electric supplier and our electric supplier.
We also have an exit fee that was imposed on
us by the Public Service Commission. But your
supplier is an authority, and they took it
upon themselves to do it, so you're overruling
the authority.
SENATOR JOHNSON: I believe
you're inaccurate.
SENATOR COPPOLA: Well, then,
would you please -- how are you implementing,
then, this bill and overruling the exit fee
with the authority? That's what I'm trying to
understand. I'm not trying to argue with you,
I'm trying to understand how you're correcting
that.
And I agree with you that they
shouldn't be charged an exit fee to go
someplace else.
SENATOR JOHNSON: Senator, may I
address a question to you?
SENATOR COPPOLA: Sure.
SENATOR JOHNSON: What is the
name of your power company?
SENATOR COPPOLA: Niagara Mohawk.
SENATOR JOHNSON: Then I think
5569
you should deal with Niagara Mohawk and get
the same thing done for your utility
customers.
SENATOR COPPOLA: Well, that's
not my point, Senator.
ACTING PRESIDENT MEIER: Senator
Coppola, would you address the chair, please.
SENATOR COPPOLA: Mr. President,
I would like to know how this is being
implemented, when -
ACTING PRESIDENT MEIER: Do you
wish Senator Johnson to yield for another
question?
SENATOR COPPOLA: Please.
ACTING PRESIDENT MEIER: Senator
Johnson, do you continue to yield?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR JOHNSON: Well, I don't
know what further question you have for me,
Senator. What is your further question?
SENATOR COPPOLA: Well, it's my
understanding that an authority is not
5570
obligated to a government. And my point is
they make their own rules and regulations.
So with your bill, you are now
correcting that mistake of the exit fee that's
charged to the ratepayers in your district.
Am I correct?
SENATOR JOHNSON: Presently
there's no exit fee being charged. The
present management of the authority sets their
own rates and their own conditions. They've
assured us they're not going to do it. But
that administration may not be there forever.
So we'd like to get this in law as well as
depend on the goodwill of the administrator of
the power authority.
They set their own rates. No one
tells them they have to or they cannot or they
can charge this fee. Except this law.
SENATOR COPPOLA: Mr. President,
one more question, please.
ACTING PRESIDENT MEIER: Senator
Johnson, do you yield for another question?
SENATOR JOHNSON: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
5571
sponsor yields.
SENATOR COPPOLA: If they set
their own rates, how is this bill going to go
into effect if they are setting their own
rates? That's all I'm asking. Can you clear
that up?
SENATOR JOHNSON: Because we are
putting a constraint in one aspect of their
rate setting, in order to protect our
ratepayers and to encourage the use of
alternative energy.
And I think it's a good bill,
Senator. You should definitely support it.
SENATOR COPPOLA: I agree with
you, Senator. What I'm asking, though, is
will this bill, will this bill overrule the
authority and will this bill have some teeth
in it and stop them from doing what you are
now trying to do? Because they are an
authority.
SENATOR JOHNSON: They have not
imposed any exit fees to date. My counsel,
who drafted this bill, said this will assure
there are no exit fees in the future beyond
what is -- I mean, for a conversion to
5572
photovoltaics or alternative energy fuel
cells.
There will be no fee there, they
would not be paid for anybody who didn't just
disconnect for any normal reason, like we sold
the house, we moved out, or whatever. No
special exit fee penalizing you for converting
to an alternative source. That's a very
important factor, I think.
SENATOR COPPOLA: Thank you,
Senator.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Coppola, on the bill.
SENATOR COPPOLA: The Senator is
absolutely right. No one should be charged an
exit fee for leaving and going someplace else.
And that's what he's trying to do in the
future. But his job is he has an authority to
deal with, as opposed to of the other
companies around who have the exit fee.
That's all I was trying to point
out that, there are these exit fees. And I
don't know if the authority should respond to
this bill, because they're an authority and
5573
there's a legal question there. And I really
don't know if that's clear with the bill. And
that's all I was trying to point out, Mr.
President.
Thank you. I support the bill, by
the way.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Senator
LaValle.
SENATOR LAVALLE: I rise to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Let us
call the roll, Senator.
SENATOR LAVALLE: Yup,
absolutely.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
LaValle, to explain his vote.
SENATOR LAVALLE: Mr. President,
I rise to congratulate Senator Johnson on this
5574
legislation. It's very important. People
should not be penalized an exit fee,
particularly in an environment where new
technology is readily available.
I vote in the affirmative.
ACTING PRESIDENT MEIER: Senator
LaValle will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will call up Calendar
Number 1513.
THE SECRETARY: Calendar Number
1513, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8792B, an act to amend the Retirement
and Social Security Law, in relation to
establishing.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Can we
have some order, please, so we can get through
the calendar.
5575
Senator Spano, Senator Coppola has
requested an explanation of Calendar 1513.
SENATOR SPANO: Thank you, Mr.
President.
This bill is referred to as the
firefighters' cancer bill. With the increase
in cancer in firefighters that's due to the
harmful carcinogens and chemicals that are
being involved with fires that directly cause
these cancers, all this bill does is presumes
that a firefighter's disability or death from
cancer was caused by an accident, not caused
by the firefighter's negligence.
SENATOR COPPOLA: Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield, please.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield for a question?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you very
5576
much.
I want to preface my question by
saying that generally I am supportive of bills
which make presumptions regarding
firefighters' health, particularly those
having to do with the lungs and also those
having to do with skin.
However, I'm just wondering if the
sponsor could just provide some of the causes
which -- some of the illnesses, cancer-related
illnesses, that would be presumed to be caused
by on-the-job performance in this bill.
SENATOR SPANO: It's the -- what
we're looking at are the chemical products,
the plastics that have come to start being
used over the past two decades that have
really resulted in a change in the nature of
the type of fires that firefighters have had
to fight.
So, I mean, it's the carcinogens as
a result of the new type of plastics that have
been introduced into the -- into buildings.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
5577
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And the sponsor
believes that it would be presumed that for
all firefighters that a melanoma would be
caused by their coming into contact with these
chemicals?
And, frankly, I'm not so familiar
with dermatology and oncology to know whether
that's true. I associate melanoma more with
exposure to the sun than to heat.
SENATOR SPANO: The answer to
your question would be yes, Senator, that
with -- especially with the new synthetic
chemicals, with the plastics that have been
introduced, the studies have shown that
there's much more of a chance of firefighters
coming down or getting cancer as a result of
their exposure.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
5578
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
The sponsor yields.
SENATOR DUANE: Who would it be
who would potentially call into question in
such a disability case that it was caused by
these chemicals or plastic knockoffs? In
other words -
SENATOR SPANO: I'm sorry,
Senator, I can't hear you.
SENATOR DUANE: Who would call
into question this presumption that a melanoma
or another condition had been caused by one of
the new chemicals or the burning of the
plastic or something like that? Would it be a
fire department doctor?
Or how would that -- if there was
some skepticism that the melanoma was an
on-the-job disability, who would start that
action?
SENATOR SPANO: The purpose of
this bill is that we would not need anybody to
call into question, that it would be deemed to
be an accidental cause and not through the -
through any type of -- not caused by any
5579
negligence on the part of the firefighter.
SENATOR DUANE: Through you, Mr.
President, just to clarify what my question is
about. The bill says -- oh, I'm sorry, it
actually is not in the bill. I'm reading from
the fiscal note. So I apologize for that.
But what intrigued me about the
fiscal note, it says "unless the contrary be
proven by competent evidence." And I'm
wondering how it is that that evidence could
be introduced.
SENATOR SPANO: That language is
also in the bill, Senator.
If there were evidence that a fire
department or a doctor that was representing
the fire department wanted to introduce, they
would have the opportunity to introduce that
type of evidence to dispute the claim.
What we wanted to do is give
adequate protection to the overwhelming number
of firefighters who are exposed during the
course of their duties but at the same time
give the opportunity, if someone felt that
there was overwhelming, clear, convincing
evidence that could disprove the claim, give
5580
those departments the opportunity to come in
and do that.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And so it would
be up to a fire department doctor to make that
contrary claim? I'm not -- that's what I'm
trying to get at, who makes the contrary
claim.
SENATOR SPANO: It would be a
decision made by the disability system.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Do you
wish Senator Spano to yield?
SENATOR DUANE: Yes, please.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
5581
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: The fire
department's own disability system?
SENATOR SPANO: It could be -
the way the process would work, it could be a
doctor that is -- has been assigned to the
case. There would be -
SENATOR DUANE: By whom?
SENATOR SPANO: It could also be
the -- let me talk to counsel.
In the cases -- as I'm advised by
counsel, it would be the doctors that were
assigned to the case who would then make this
case.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: By a doctor
assigned by the fire department? Would they
5582
be a fire department doctor or an outside
doctor? Who is the doctor assigned by, and
who do they belong to? Who do they work for?
SENATOR SPANO: It would be a
doctor that's independent, an independent
doctor assigned to look at disability cases of
firefighters.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Spano, do you yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Who would they be
assigned by?
SENATOR SPANO: Who would they be
decided by?
SENATOR DUANE: Assigned by. Who
makes the assignment of the doctors?
SENATOR SPANO: The assignment of
the doctors -- the assignment -- we're not -
the honest answer is I'm not sure who makes
the assignment of the doctor. We don't change
5583
that. But the assignment of the doctor would
be made by the fire department. And where
they have independent physicians who are in
the position of evaluating cases, disability
cases, that are presented to each department.
SENATOR DUANE: Thank you, Mr.
President.
SENATOR SPANO: Also, Senator, I
think the Comptroller, the Comptroller of the
state plays a role in the assignment of the
doctors as well, as a check and balance in the
system.
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.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Mr. President, on
the bill. I mean, to explain my vote.
ACTING PRESIDENT MEIER: To
explain your vote.
5584
SENATOR DUANE: I have to say I'm
very torn on this. So I'm going to, within my
I hope less than two minutes, decide my vote.
I am very, very sympathetic to the
dangers that firefighters face every day in
saving lives. I'm extremely concerned about
what happens when they are unable to work to
protect us any longer.
It does strike me, though, that
this is an issue that would be better left to
collective bargaining, and it's an issue which
would be better determined in a more objective
manner than having to prove that the cancer
was not caused by a fire-related situation.
I totally understand and agree with
lungs and other things, but firefighters wear
protective gear. Certainly in the city of New
York, they wear protective gear.
And so I -- I'm going to vote no on
this. And in no way to denigrate or be
unsympathetic to the wonderful work that
firefighters do, but I believe that we need
more -- a more finely tuned bill than this one
to make it so that we can show that a melanoma
or other malady is in fact caused by
5585
on-the-job dangers.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read Calendar
1522.
THE SECRETARY: Calendar Number
1522, by Senator Padavan, Senate Print 6377,
an act to amend the Public Authorities Law, in
relation to authorizing the Triborough Bridge
and Tunnel Authority.
SENATOR HEVESI: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Padavan, Senator Hevesi has requested an
explanation of 1522.
SENATOR PADAVAN: Thank you, Mr.
President.
This bill would permit police
5586
officers in the City of New York to travel the
city without paying tolls on our bridges and
tunnels.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
would the sponsor yield for a few questions?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Senator Padavan,
is there a requirement in this legislation
that only tolls which are necessary for
on-duty performance of the police officer's
job are exempt?
SENATOR PADAVAN: No. No.
SENATOR HEVESI: Thank you.
Through you, Mr. President, if the
sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Senator Padavan,
5587
am I to then understand that if this
legislation is enacted it is possible for,
let's say, a New York City police officer who
lives in Nassau County and goes to vacation in
the Catskills not to have to pay the toll
either way on the Throgs Neck Bridge?
SENATOR PADAVAN: Yes.
SENATOR HEVESI: Mr. President,
one final question.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you,
Senator. Can you give me an idea of the
fiscal implication that this might have for
the TBTA?
SENATOR PADAVAN: No.
SENATOR HEVESI: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Mr. President, I
appreciate Senator Padavan's brief answers. I
5588
would also answer them briefly.
This is really beyond the pale.
And just to give a sense to my colleagues of
the fiscal implications of this, I have
performed a very sketchy, unscientific and
unbelievably conservative fiscal estimate of
what this might cost.
Since there are 40,000 New York
City police officers, and somewhere in the
neighborhood of 40 percent of them live
outside of the City of New York, I
automatically excluded the 60 percent who live
in the city. So let's take the 40 percent who
live outside of New York City. That's 16,000
police officers.
If we assume that each one of them
will only make one round trip into the city
and back, and they use the discounted E-ZPass,
so it's not $7 for the round trip, it's $6, if
they do one a week, all 16,000 of them, that
will cost $4,992,000 per year. And that is an
unbelievably conservative estimate.
This is more likely to cost
somewhere in the neighborhood of $25 million
to $30 million a year. And, you know, I don't
5589
even know if I would consider this if it had
an exemption in here that police officers
while performing their duty should get the
toll. I don't even know if I would do that.
That's probably better left to collective
bargaining.
Because from my own experience, I
expend on E-ZPass, with the discount,
somewhere in the neighborhood of between $800
and $1,000 a year to travel between the five
boroughs of the City of New York. Which is
outrageous to begin with.
So that's what we're talking about
here. And I don't know how we would be able
in good conscience to go back to our
constituents and say we gave a huge tax break
to police officers so that they can go through
New York City on to vacation or, when they're
coming in from Nassau County -- as so many of
our wonderful police officers live -- into
Manhattan, over the Mid-Town Tunnel or under
the Mid-Town Tunnel, so that they can have
dinner in the city, that they don't have to
pay the toll anymore.
I mean, this is just outrageous.
5590
Beyond the pale. And with all due respect to
New York City police officers, who are the
finest police officers in the world, this is
something that should not be given to them.
It should not be given to anyone in this
fashion. It cannot be justified fiscally. It
cannot be justified on the merits or on the
substance. It's just wrong. And in my short
time here in the New York State Senate, this
one, next to the commuter tax repeal, this one
takes the cake.
I will be voting no.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Padavan would yield for a question.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, I
just have to confide in you that this is
beyond the pale.
(Laughter.)
5591
SENATOR PADAVAN: You have to
what?
SENATOR PATERSON: Confide in you
that this is beyond the pale. And now, given
Senator Hevesi's comments, three pales and
you're out.
Senator, this I assume is analogous
to the idea we had some years ago to allow for
the police to ride the subways for free. Am I
not correct?
SENATOR PADAVAN: Yes.
SENATOR PATERSON: But when the
police are riding the subways, that already
assumed that they were in the jurisdiction; is
that correct?
SENATOR PADAVAN: Yes.
SENATOR PATERSON: What we're
doing now is we're trying to find a way to
take them outside of the jurisdiction to bring
them into the jurisdiction. I guess that's
the basis of the bill?
SENATOR PADAVAN: No.
SENATOR PATERSON: Madam
President -- I mean Mr. President.
ACTING PRESIDENT MEIER: Yes.
5592
SENATOR PATERSON: You know, ever
since we passed this resolution calling for
equity in the Constitution, I feel that half
the time I should say "Madam President"
regardless of who the president is.
(Laughter.)
SENATOR PATERSON: That makes up
for the failure of this Senate to coincide
with the number of women that should serve
here.
But putting that aside, if Senator
Padavan would yield for a question.
SENATOR PADAVAN: Yes.
SENATOR PATERSON: What is the
basis of this bill?
SENATOR PADAVAN: As previously
explained.
SENATOR PATERSON: Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: While I'm
consulting the seer or the shaman or whoever
can tell me what the basis of the bill is, I
wondered if Senator Paterson would yield for
another question.
5593
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, if
there is this willingness to provide for this
special honor that would be bestowed on police
officers, why would we not just negotiate that
into their contract?
SENATOR PADAVAN: All right,
Senator, let me be a little bit more erudite
and get away from the yeses and nos, only
because you're such a dear friend and a close
ally and we get often confused for each other.
The fact remains, yes, there are
probably occasions when a police officer would
be going over the Throgs Neck Bridge or the
Whitestone Bridge or the Triborough Bridge and
not going to employment, not going to his
precinct, perhaps going, as someone said
earlier, to have a dinner someplace. But much
of the time he would be going to his place of
employment, meaning to a precinct in the Bronx
or over the Triborough Bridge to a precinct in
5594
Harlem, in your district. This bill would
preclude him having to pay a toll. Him or
her.
Now, police officers do not get
different salaries depending on where they are
in the city of New York. If a police officer
lives in Queens and works in a precinct in
Queens, obviously he pays no tolls. But if
he's assigned to a precinct in the Bronx and
he lives in Queens, then he will. Or if he's
in Brooklyn and he's assigned to Staten
Island, then he'll have to go over the
Verrazano Bridge, and he will. So what we're
trying to do is deal with that inequity.
Secondly, I think as you pointed
out, quite properly, that when police officers
are in the subway system, they provide a level
of security. Because, as you know, a police
officer in the City of New York is always on
duty. He must always respond to an illegality
that takes place when he's aware of it,
wherever he may be.
So obviously that would relate to
him driving over the Triborough Bridge,
sitting in traffic -- as we often are -- and
5595
an incident occurs, he is there. So in a
sense, there is a similarity.
He would be in the jurisdiction on
any of those bridges of the City of New York.
If he's going over the Whitestone or the
Throgs Neck, he's somewhere between Queens and
the Bronx. If he's going over the Triborough,
he's between Queens and Manhattan. And if
he's going over the Verrazano, he's between
Brooklyn and Staten Island. So he is in the
jurisdiction at all times.
So those, fundamentally, are the
reasons.
Yes, there would be a preference if
we could somehow do this. But I think it's
impossible to have specific times and dates
and so on and reimbursement as we do. But the
fact remains, I think that would be
impractical. And I would quarrel with the
calculations as to the volume of occasions
where the nontoll policy would result to a
cost of the magnitude previously outlined.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
5596
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: There are
times when we ask questions on legislation to
elicit responses that we want put on the
record. But I'd have to say that this is
somewhat of an exception.
I am actually indebted to Senator
Padavan, because his further explanation of
the bill to me beyond that that he gave to
Senator Hevesi makes me understand exactly
what the bill is about.
I thought previously that the
primary notion was to try to bring more police
officers into the city and to make it easier
for them to be in the city. And although
Senator Padavan does admit that that might be
a by-product of the bill, it's really
ancillary to the true meaning of the actual
bill itself.
What Senator Padavan is in effect
saying is we are not only not going to have a
residency requirement in New York City, but we
are going to add to that by making it easier
5597
for those who live outside the jurisdiction to
travel into the jurisdiction to come to work.
So in other words, we're going to reward those
officers who live the furthest away from their
precincts by giving them free passage through
our toll systems to actually get to work.
I think that is very much anathema
to the spirit that we would want police
officers, because we asked them to be on duty
24 hours a day, as Senator Paterson -
Padavan -- I'm Senator Paterson -- averred. I
think that what we really would want to do is
to provide for all those encouragements making
the officers feel more comfortable living in
the actual areas in which they work -- not in
the actual precinct, but in the city in which
they work.
So what my original understanding
of the bill was was actually enhanced by
Senator Padavan's explanation. I agree with
Senator Hevesi. I don't know whether those
numbers -- and I don't think he tried to say
those numbers were absolutely accurate. But
in a cursory way, he gave us a very
conservative estimate of how much this would
5598
cost the city.
But I think that the expenditure in
terms of dollars only pales in comparison to
what it means to have New York City taxpayers
in a sense being part of the sponsoring of
individuals who, had they been living in the
city, would have been on duty and there'd be
more of them to perhaps stop crimes more of
the time than what we have now, which is
really what would be a state-sponsored living
condition outside of the city.
Now, I grew up in Nassau County,
where in most jurisdictions the police
officers have to live where they work. You
can't do anything in Nassau County unless you
actually live there. The only way to get to a
beach, a private beach in Nassau County if
you're not a resident is to be born in the
water.
So it's my opinion that if Senator
Hevesi's point was correct, that this bill is
actually beyond beyond the pale. So I
obviously would urge a no vote on this bill.
With the consent of Senator Padavan, of
course.
5599
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: I thought
Senator Paterson was reinforcing my support of
Senator Padavan.
But I think that the welcome
presence and the easy access to law
enforcement people who have experience and are
more apt to not overreact but to emphasize
the -- and reinforce the security that would
flow from their very presence and their access
to all parts of the city I think speaks
eloquently for Senator Padavan's bill.
And you reinforced my views in an
opposite direction. But I think we both
identified areas that make this bill even more
desirable.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
5600
Dollinger, why do you rise?
SENATOR DOLLINGER: Just to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: I'm persuaded
by the comments of my colleagues Senator
Hevesi and Paterson.
It seems to me that what this bill
does, this is another time where we're
inadvertently encouraging sprawl. We're
telling people who work in cities that it's
okay to live outside the city, because we're
going to make it less expensive for you to get
to work. We're going to remove part of the
cost of living further away from the city.
I point out to everybody that under
the IRS rules, nobody gets to deduct the cost
of their commuting. We shouldn't be
subsidizing commuting so that people can live
further away from the place that they work.
If you believe in residency laws,
this seems to me to take a step back from
those, further back and further away from
them.
5601
I vote no.
ACTING PRESIDENT MEIER: The
Secretary will record the negatives and
announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1522 are
Senators Breslin, Connor, Coppola, Dollinger,
Duane, Hevesi, Montgomery, Onorato,
Oppenheimer, Paterson, Rosado, Sampson,
Schneiderman, A. Smith, M. Smith, Stachowski,
Lachman, and Mendez. Ayes, 43. Nays, 18.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bonacic, that completes
Senate Supplemental Calendar 57B.
SENATOR BONACIC: Thank you, Mr.
President. I'd ask that we return to the
reports of standing committees. I believe
there's a Rules Committee report at the desk.
And I ask it to be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
5602
following bills:
Senate Print 6301, by Senator
Paterson, an act authorizing the City of New
York;
7093, by Senator Velella, an act to
amend the General Business Law;
7099, by Senator LaValle, an act to
amend the Environmental Conservation Law;
7172A, by Senator Morahan, an act
to amend the Energy Law;
7284A, by Senator Marcellino, an
act to amend the Environmental Conservation
Law;
7559, by Senator Kuhl, an act to
amend the Penal Law;
7686, by Senator Bonacic, an act to
amend the Environmental Conservation Law;
7737, by Senator Hannon, an act to
amend the Civil Service Law;
7835, by Senator Larkin, an act to
establish a library district.
7850, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
7881A, by Senator Nozzolio, an act
5603
to amend the Vehicle and Traffic Law;
7882, by Senator Nozzolio, an act
to amend the Correction Law and the Penal Law;
7908B, by Senator Volker, an act to
amend the Public Authorities Law;
7924A, by Senator Volker, an act to
amend the Vehicle and Traffic Law and the
State Finance Law;
7929, by Senator Seward, an act to
authorize the City of Cortland;
7946, by Senator Volker, an act to
authorize the reopening;
7973, by Senator Larkin, an act to
amend the Tax Law;
7996, by Senator Larkin, an act to
amend the Executive Law;
8034, by Senator Stafford, an act
to amend the Town Law;
And 8042, by Senator DeFrancisco,
an act to amend the Economic Development Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: I move to
5604
accept the report of the Rules Committee,
please.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of the
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report is accepted.
Senator Bonacic.
SENATOR BONACIC: Mr. President,
I ask that we now take up the noncontroversial
calendar for Supplemental Calendar 57C,
please.
ACTING PRESIDENT MEIER: With
regard to Supplemental Calendar 57C, the
Secretary will read the noncontroversial
calendar.
Senator Duane, why do you rise?
SENATOR DUANE: Mr. President,
could we wait till we at least get the
calendar on our desks?
ACTING PRESIDENT MEIER: Yes, we
5605
could.
I'm sorry. Senator Stavisky.
SENATOR STAVISKY: Mr. President,
I request unanimous consent to vote no on
Calendar 1522.
ACTING PRESIDENT MEIER: Without
objection, Senator Stavisky will be recorded
in the negative on Calendar 1522.
SENATOR STAVISKY: Thank you.
ACTING PRESIDENT MEIER: You're
welcome.
The calendars have been placed on
the members' desks.
The Secretary will read the
noncontroversial calendar.
THE SECRETARY: Calendar Number
1529, by Senator Paterson, Senate Print 6301,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5606
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1530, by Senator Velella, Senate Print 7093,
an act to amend the General Business Law and
the Penal Law, in relation to collateral loan
brokers.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1531, by Senator LaValle, Senate Print 7099,
an act to amend the Environmental Conservation
Law, in relation -
SENATOR BONACIC: Please lay it
aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1532, by Senator Morahan, Senate Print 7172A,
5607
an act to amend the Energy Law, in relation to
energy -
SENATOR COPPOLA: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1534, by Senator Kuhl, Senate Print 7559, an
act to amend the Penal Law, in relation to
defenses.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1535, by Senator Bonacic, Senate Print 7686,
an act to amend the Environmental Conservation
Law, in relation to permits for mining.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
5608
Calendar Number 1536, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11035 and substitute it
for the identical Senate Bill Number 7737,
Third Reading Calendar 1536.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1536, by the Assembly Committee on Rules,
Assembly Print Number 11035, an act to amend
the Civil Service Law, in relation to the
determination.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1537, by Senator Larkin, Senate Print 7835 -
5609
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1538, by Senator Larkin, Senate Print 7850, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law, in relation to the
compensation of directors.
SENATOR BRESLIN: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1539, by Senator Nozzolio, Senate Print 7881A,
an act to amend the Vehicle and Traffic Law,
in relation to minimum dimensions.
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, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
5610
is passed.
THE SECRETARY: Calendar Number
1540, by Senator Nozzolio, Senate Print 7882,
an act to amend the Correction Law and the
Penal Law, in relation to the conditional
release.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: In relation to
Calendar Number 1541, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11104B and substitute it
for the identical Senate Bill Number 7908B,
Third Reading Calendar 1541.
ACTING PRESIDENT MEIER:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1541, by the Assembly Committee on Rules,
Assembly Print Number 11104B, an act to amend
the Public Authorities Law, in relation to
authorizing the Roswell Park Cancer Institute.
ACTING PRESIDENT MEIER: Read the
5611
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1542, by Senator Trunzo, Senate Print 7924A,
an act to amend the Vehicle and Traffic Law
and the State Finance Law, in relation to
special license plates.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
5612
1543, by Senator Seward, Senate Print 7929, an
act to authorize the City of Cortland to amend
the city charter.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1544, by Senator Volker, Senate Print 7946, an
act to authorize the reopening of the optional
twenty-year retirement plan.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
5613
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1545, by Senator Larkin, Senate Print 7973, an
act to amend the Tax Law, in relation to the
imposition of a hotel and motel tax.
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, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1546, by Senator Larkin, Senate Print 7996.
ACTING PRESIDENT MEIER: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
on the previous bill I believe Senator
Dollinger voted in the negative.
SENATOR DOLLINGER: I was
5614
recorded in the negative on 1545, Mr.
President.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative with regard to Calendar 1545.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1546, by Senator Larkin, Senate Print 7996, an
act to amend the Executive Law, in relation to
the use of unmarked cars.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1547, by Senator Stafford, Senate Print 8034,
an act to amend the Town Law, in relation to a
publicity fund.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
5615
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the affirmative on Calendar Number
1513, S4931A.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
SENATOR DUANE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1548.
THE SECRETARY: Calendar Number
1548, by Senator DeFrancisco, Senate Print
8042, an act to amend the Economic Development
Law, in relation to authorizing cross-border
tourism promotion.
SENATOR COPPOLA: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
5616
Senator Bonacic, that concludes the
reading of the noncontroversial portion of
Supplemental Calendar 57C.
SENATOR BONACIC: Mr. President,
could we proceed with the controversial
Supplemental Calendar Number 57C.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
SENATOR BONACIC: Thank you.
THE SECRETARY: Calendar Number
1530, by Senator Velella, Senate Print 7093,
an act to amend the General Business Law and
the Penal Law, in relation to collateral loan
brokers.
SENATOR COPPOLA: Explanation.
SENATOR BONACIC: We ask it that
be laid aside temporarily.
ACTING PRESIDENT MEIER: Lay it
aside temporarily.
The Secretary will continue to
rode.
THE SECRETARY: Calendar Number
1532, by Senator Morahan, Senate Print 7172A,
an act to amend the Energy Law, in relation to
5617
energy efficient appliances.
SENATOR COPPOLA: Explanation.
ACTING PRESIDENT MEIER: Senator
Morahan, an explanation has been requested by
Senator Coppola of Calendar 1532.
While Senator Morahan is getting
ready, may I ask members who have bills on the
calendar to come to the chamber.
SENATOR MORAHAN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: This bill
requires the New York State Energy Research
and Development Authority, in consultation
with the Office of General Services, OGS, to
establish minimum efficiency standards for
appliances purchased by or for the state or by
any other of its agencies or public
authorities.
SENATOR COPPOLA: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
5618
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you kindly call up Calendar
Number 1548, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1548.
THE SECRETARY: Calendar Number
1548, by Senator DeFrancisco, Senate Print
8042, an act to amend the Economic Development
Law, in relation to authorizing cross-border
tourism promotion.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, Senator Coppola has requested an
explanation of Calendar 1548.
SENATOR DeFRANCISCO: This is a
bill that has passed the Assembly that I've
5619
worked with with Assemblyman Tokasz in order
to help the Buffalo and Niagara Falls areas.
Because in those areas that are having
difficulty competing with some casinos in
Canada and other types of amusements that are
going on across the border, and right now it's
authorized -
ACTING PRESIDENT MEIER: Senator
DeFrancisco, would you excuse me for a minute.
Speaking of people who are
competing, people are competing with members
who are debating bills. If you have a
conversation, take it outside, or we're going
to be here all night.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Mr. President.
And by enabling this cross-border
tourism promotion, I think it will help areas
that are competing with other states and also,
more importantly for the Buffalo-Niagara Falls
area, for other countries -- in this case,
Canada.
ACTING PRESIDENT MEIER: Senator
Coppola.
5620
SENATOR COPPOLA: Will the
sponsor yield to a question?
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield for a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: Thank you.
What specifically are we going to
do with this bill to attract more people to
come in?
SENATOR DeFRANCISCO: This just
authorized tourism funding to be used across
borders. Right now it cannot be. Well, I
shouldn't say it cannot be. It's by
regulation that the Department of Economic
Development could authorize such funding.
But this will put it in legislation
so no matter who the administration is, they
can use -- it could be "I Love New York"
funding, it could be the local TPA funding -
to actually take ads and advertise in another
country or another state.
SENATOR COPPOLA: Mr. President.
ACTING PRESIDENT MEIER: Senator
5621
Coppola.
SENATOR COPPOLA: Can I ask the
sponsor one more question?
ACTING PRESIDENT MEIER: Does the
sponsor continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: If we are
fortunate enough to get casino gambling in the
Niagara Falls area, Buffalo area, would these
funds be available to -- for advertising?
SENATOR DeFRANCISCO: Well,
that's a big if. I've been here for eight
years, and we've been talking about casino
gambling. And we need two separately elected
legislative bodies plus a referendum.
If I'm here when that happens, I
will assure you that I will do all I can to
make sure that this bill will benefit Western
New York and other areas to promote gambling.
SENATOR COPPOLA: Thank you,
Senator. Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
5622
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you return to the regular
reading of the calendar, starting with 1534,
please.
ACTING PRESIDENT MEIER: The
Secretary will read in regular order, starting
with 1534.
THE SECRETARY: Calendar Number
1534, by Senator Kuhl, Senate Print 7559, an
act to amend the Penal Law, in relation to
defenses.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Kuhl, Senator Coppola has requested an
explanation of Calendar 1534.
5623
SENATOR FUSCHILLO: Mr.
President, can we once again ask for some
order in the chambers. It's getting loud in
here.
ACTING PRESIDENT MEIER: I'm
going to ask for order in the chamber.
Members and the staff, kindly take
your seats. Members who have conversations
should take them outside. Staff who have
conversations should take them outside.
Members are trying to debate bills and will
require everyone's cooperation.
Senator Kuhl.
SENATOR KUHL: Thank you, Mr.
President.
Senator, this is a very simple
modification of current law. The current law
is that in fact you're allowed to possess a
slot machine if it is more than 30 years old.
There are collectors of slot machines just
like collectors of teapots, cars, and other
items.
The thought is that the technology
is transferring so fast that in fact a
twenty-year-old slot machine is antiquated, no
5624
longer used. And so the collectors have asked
that we update the law to make it more
specific and to have an affirmative defense
against any kind of a violation if in fact
they own a machine that is more than twenty
years old.
ACTING PRESIDENT MEIER: Senator
Coppola.
SENATOR COPPOLA: Would the
sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question?
SENATOR KUHL: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: Senator, thank
you for the explanation.
Where are these slot machines
located?
SENATOR KUHL: Pardon?
SENATOR COPPOLA: Where are these
slot machines located?
SENATOR KUHL: All over the
state, sir.
SENATOR COPPOLA: There are slot
5625
machines -
SENATOR KUHL: These slot
machines are owned by individuals.
Also, if you have read the bill,
and I don't know that you have, there's a
specific prohibition against using those for
any gambling purposes. So the law already
says you cannot use these machines for
gambling purposes.
What we're simply saying is that
you can now own one for collection purposes if
it's more than twenty years old.
SENATOR COPPOLA: Will this
affect the -
ACTING PRESIDENT MEIER: Senator
Coppola, would you address the chair, please.
SENATOR COPPOLA: I'm sorry, Mr.
President. Will the sponsor answer -
ACTING PRESIDENT MEIER: Senator
Kuhl, do you continue to yield?
SENATOR KUHL: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR COPPOLA: Would this take
into effect if we legalize slot machines?
5626
SENATOR KUHL: It has nothing to
do with that, sir.
SENATOR COPPOLA: Nothing to do
with that?
SENATOR KUHL: Nothing to do with
that.
SENATOR COPPOLA: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Coppola, on the bill.
SENATOR COPPOLA: I apologize for
asking these questions. They're simple
questions. But we get this information at the
last minute. And I'd like to know a little
bit, I'd more like some clarity to this. And
maybe if you provided this side of the aisle
the decency of giving us the information
before at the last minute, we wouldn't have
these times to ask.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect -
ACTING PRESIDENT MEIER: Senator
5627
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. Would the sponsor yield to a
question?
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you, Mr.
President.
Could the sponsor just explain a
little bit more why -- I have read the bill -
why -- I believe he said this has nothing to
do with gambling. I don't understand that.
SENATOR KUHL: Mr. President, I
didn't hear the question, I'm sorry.
ACTING PRESIDENT MEIER: Senator
Duane, would you restate your question for the
sponsor, please.
SENATOR DUANE: Thank you, Mr.
President.
I did read the bill. And I want to
commend Senator Coppola for raising terrific
questions about the bill.
5628
But I thought I heard the sponsor
say that this bill had nothing to do with
gambling. Maybe I misheard him. But I was
wondering if he could explain what it was that
he said, because I -
SENATOR KUHL: Senator, if you've
read the bill, you'll notice that there are
two word changes. In all of the law that
deals with this issue, there are two word
changes.
One is on line 5 of the bill where
the word "chapter" is changed to "article."
Not a significant change in the law. Then, if
you go down to line 18, you'll see that there
is another one-word change. The word is
changed -- "30" is eliminated, and "20" is put
in its place.
Very simple provision. It just
says that there will be an affirmative defense
to any allegations about ownership of slot
machines if in fact it's more than twenty
years old. That's the simple bill.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MEIER: Do you
5629
wish to the sponsor to yield?
SENATOR DUANE: Yes, please, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
the sponsor could describe to us in real time
how long this particular piece of legislation
has been on our desks.
SENATOR KUHL: This one? On your
desks? It was introduced the day before my
57th birthday, which was April 18. So about
two months ago.
SENATOR DUANE: Through you, Mr.
President, my question to the sponsor, if he'd
continue to yield, was how long this -
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question?
SENATOR KUHL: If it doesn't deal
with how I celebrated my 57th birthday, yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
5630
SENATOR DUANE: Thank you.
Through you, Mr. President, hoping that I make
it that far.
I was wondering if the sponsor
could tell us how long this has been on our
desks since it was discharged as part of the
supplemental calendar.
SENATOR KUHL: I have no idea,
Senator.
SENATOR DUANE: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Even though I did
read the bill, the Senator made a very
compelling argument that only two lines are
necessary to have read on the bill.
But being a person who likes to do
his job here on the floor of the Senate, and
having had read the bill, and having had
listened to Senator Coppola's excellent
questions regarding the bill, I am now
satisfied with the explanation, and I will be
voting in the affirmative.
Thank you, Mr. President.
5631
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Coppola, to explain his vote.
SENATOR COPPOLA: No, not on this
one. Go ahead. I'm sorry, I rose too
quickly.
ACTING PRESIDENT MEIER: That's
all right. Not a problem.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Coppola, do you wish to be
recognized?
SENATOR COPPOLA: I'll yield
to -
ACTING PRESIDENT MEIER: Senator
Breslin, do you wish to be recognized?
SENATOR BRESLIN: Yes, Mr.
5632
President. I request unanimous consent to be
recorded in the affirmative on 1522.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
SENATOR DOLLINGER: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thank you.
If I may, I would like also to be recorded in
the affirmative on 1522.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I also would like to be to get
unanimous consent to be recorded in the
affirmative on Calendar 1522.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I would ask for unanimous consent
to change my vote from the negative to the
affirmative on Calendar Number 1522.
5633
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Coppola.
SENATOR COPPOLA: Mr. President,
I would also like to unanimously change my
vote on 1522.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
The Secretary will continue to read
in regular order.
THE SECRETARY: Calendar Number
1535, by Senator Bonacic, Senate Print 7686,
an act to amend the Environmental Conservation
Law, in relation to permits for mining.
SENATOR COPPOLA: Explanation.
ACTING PRESIDENT MEIER: Senator
Bonacic, Senator Coppola has requested an
explanation of Calendar 1535.
SENATOR BONACIC: Thank you, Mr.
President.
This is a bill that will amend the
Environmental Conservation Law with respect to
5634
permits for mining. This has been worked out
with the DEC. It applies specifically to the
bluestone industry. Back in 1991, we did the
Mining Reclamation Act, which applied to sand
and gravel operations. And in order to start
exploration of materials, you had to go
through extensive and expensive document
preparation with an engineer, and you had to
pay expensive fees -- literally, several
thousand dollars, before you get started.
The bluestone industry is mainly in
the Delaware County area, and it's upstate in
the Catskills. And they got caught in the
1991 sand -- excuse me, the Mining Reclamation
Act.
What we want to do for that
industry, only the bluestone -- and the little
guy -- we want to give him an opportunity on
an acre of land to go in between six months
and up to a year and a half, dig in the
ground -- don't take any materials out -- to
see what's there, to see if it's then proper
to proceed with the expenses to undertake
exploration.
If they decide to walk away,
5635
there's a two-year reclamation period to fix
that one acre. But if they like what they
see, they file the -- then they proceed with
the more costly application.
That's the bill.
SENATOR COPPOLA: Thank you.
SENATOR BONACIC: You're welcome.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. If the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield for a question?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Who is
responsible for the reclamation?
SENATOR BONACIC: The operator.
In other words, the bluestone operator is
responsible for the reclamation.
And they file, by the way -
there's bonds to be filed, collateral to make
sure that it gets done.
SENATOR DUANE: Through you, Mr.
5636
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield?
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: And the bond that
they're required to put down is enough to
ensure that if they fail to reclaim the land,
that DEC would be able to use that money to
fully reclaim the land?
SENATOR BONACIC: Oh, absolutely.
This, by the way, is very
environmental-friendly. DEC has signed off on
this. And I don't have to tell you, our
regulations are one of the toughest in the
world in the State of New York. And this has
been worked out with the industry and that
department.
SENATOR DUANE: Thank you. Thank
you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
5637
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1537, by Senator Larkin, Senate Print 7835, an
act to establish a library district in those
portions of the Pine Bush Central School
District.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR ONORATO: Explanation.
ACTING PRESIDENT MEIER: Senator
Larkin, an explanation has been requested by
Senator Onorato of Calendar 1537.
SENATOR LARKIN: Mr. President,
Senator Onorato, this is a very simple bill.
We have a town that doesn't have a library
district. It's part of a five-town group that
belongs to a unified school district. The
population of that town now is about 30,000
people, and they're trying to create their own
5638
library.
They were associated with the city
library. The city library has so far not
wanted to continue association with them
because their library is overcrowded. So the
townspeople voted, and they want their own
library.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield to a question?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator Larkin,
earlier today we passed a similar bill dealing
with a library. How does your bill differ
from the one that we passed earlier?
SENATOR LARKIN: We're giving
them the opportunity -- there has been some
conflict, as I mentioned, between the library
and the City of Middletown. And they haven't
been able to reach an agreement.
And it was decided that we would
5639
put this in in order to enable the people in
the town to start moving forward to have a
library. Because what happened since we
passed the other bill, the whole library has
decided that the -- the people in the town of
Wallkill will not be able to use that library.
SENATOR ONORATO: So in other
words -- will you continue to yield?
SENATOR LARKIN: Yes.
SENATOR ONORATO: -- you're
basically giving two different communities
options to exercise the use of your
legislation?
SENATOR LARKIN: Yes.
SENATOR ONORATO: Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR LACHMAN: Mr. President.
ACTING PRESIDENT MEIER: The bill
5640
is passed.
Senator Lachman.
SENATOR LACHMAN: I'd like
unanimous consent to change my vote on 1522
from the negative to the positive.
ACTING PRESIDENT MEIER: Without
objection, you will be so recorded.
The Secretary will continue to
read.
SENATOR COPPOLA: Mr. President.
ACTING PRESIDENT MEIER: I'm
sorry. Senator Coppola.
SENATOR COPPOLA: I just was
wondering, did we overlook Bill 1533? Can we
ask that that bill be put aside?
ACTING PRESIDENT MEIER: That
bill is high, Senator Coppola. In other
words, it has not aged enough to be brought
before the house.
SENATOR COPPOLA: Okay. Thank
you very much.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: I believe
earlier on you recorded me incorrectly on
5641
Calendar Number 1522. I was a yes, and I
believe you have me recorded as a no. Will
the record so indicate?
ACTING PRESIDENT MEIER: Senator,
I believe we recorded you correctly. But we'd
be happy to correct the correction, and you
will be so recorded.
SENATOR ONORATO: Thank you, sir.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Calendar Number
1538, by Senator Larkin, Senate Print 7850, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law, in relation to the
compensation.
SENATOR BRESLIN: Explanation,
please.
ACTING PRESIDENT MEIER: An
explanation has been requested, Senator
Larkin, by Senator Breslin.
SENATOR LARKIN: Oh, my brother
over there.
Mr. President, Senator, it's been
twenty years ago since the OTB directors have
had an increase in their per diem for their
5642
daily wages. Since that time, the time
consumed by the OTB directors has tripled in
performance of their duties, the number of
committees that they're assigned to and
whatnot.
So what we're doing is just making
it -- providing 250 for a regular scheduled
meeting. It's twenty years since they've had
any substance -- any raise, period.
SENATOR BRESLIN: Through you,
Mr. President, a question or two.
ACTING PRESIDENT MEIER: Senator
Larkin, do you yield for a question?
SENATOR LARKIN: I'd be
delighted.
SENATOR BRESLIN: Senator Larkin,
will this reduce the amount of monies that
flow back to the counties as a result?
SENATOR LARKIN: There will be
some reduction in it.
But they are convinced that the
overhead administration that they are
proposing will help to reduce the requirements
of cutting back on what would be going to the
municipalities.
5643
SENATOR BRESLIN: Again, through
you, Mr. President, one further question.
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Larkin yields.
SENATOR BRESLIN: Can you tell
us, if you know, whether the Capital District
OTB, which is the one in this area that serves
my Senate district -
SENATOR LARKIN: Mr. President, I
can't hear.
ACTING PRESIDENT MEIER: First of
all, can we have a little quiet in the
chamber.
Senator Breslin, please restate
your question.
SENATOR BRESLIN: Can you tell us
if Capital District OTB, which in part
encompasses this Senate district, has made a
request for this increase?
SENATOR LARKIN: They all did.
They came here directly to ask our assistance.
Because, as I said, we've been
talking to members and directors, and people
5644
do not seem to feel that they're being
properly compensated for the requirements of
the job. And in view of the fact that it's
been twenty years, they all uniformly asked
for this.
SENATOR BRESLIN: Through you,
Mr. President, thank you very much, Senator
Larkin.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of the
first month next succeeding the date on which
it shall have become a law.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Breslin and Dollinger recorded in
the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Senator Stavisky.
SENATOR STAVISKY: Mr. Chairman,
with unanimous consent I too would like to be
5645
recorded in the affirmative on Calendar 1522.
ACTING PRESIDENT MEIER: Without
objection, the record will so reflect.
The Secretary will return to
Calendar 1538.
THE SECRETARY: In relation to
Calendar 1538, those recorded in the negative
are Senators Breslin, Duane, and Dollinger.
Ayes, 58. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1540, by Senator Nozzolio, Senate Print 7882,
an act to amend the Correction Law and the
Penal Law, in relation to the conditional
release.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Nozzolio, Senator Duane has requested an
explanation of Calendar 1540.
SENATOR NOZZOLIO: The purpose of
this measure, Mr. President, is to permit
local conditional release commissions to
authorize the conditional release of
5646
terminally ill patients -- terminally ill
inmates serving definitive sentences, without
requiring them to serve at least 30 days prior
to conditional release.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. Will the sponsor yield, please?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you.
Can you tell me what the law is now
and how this legislation changes the law?
SENATOR NOZZOLIO: Counsel just
tells me the time period that current law
deals with, Senator Duane. Currently, 30 days
prior to the release, the application must be
filed. So the release cannot take place less
than 30 days from the application date, and
the release itself has to be made 60 days
within the sentence -- 60 days within the -
60 days for -- within the sentence period.
SENATOR DUANE: Through you, Mr.
5647
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: If I could just
have a clarification. That's the way the law
was previously that you just described, or
that's what the change does?
SENATOR NOZZOLIO: Let me
rephrase -- explain again the current law.
Application can't be made within 30 days of
the sentence itself.
There's a current requirement that
he must serve at least 60 days of imprisonment
before actually being permitted release, that
that is being changed by this proposal.
SENATOR DUANE: So this
legislation changes the amount of time you
have to be incarcerated before applying from
60 days to 30 days?
SENATOR NOZZOLIO: That's
correct.
5648
SENATOR DUANE: Does this -
ACTING PRESIDENT LIBOUS: Senator
Duane, would you like Senator Nozzolio to
continue to yield?
SENATOR DUANE: I would. Thank
you, Mr. President, for taking the words out
of my mouth.
ACTING PRESIDENT LIBOUS: Senator
Nozzolio, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
SENATOR DUANE: Thank you.
Does this legislation in any way
change the current process for applying for
release of a terminally ill-patient, aside
from the time limitation?
SENATOR NOZZOLIO: No, Mr.
President. This measure only deals with the
time periods.
SENATOR DUANE: Thank you. And
one final question, Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Duane.
SENATOR DUANE: I was wondering
if the sponsor knew approximately how many
5649
people have been released under terminally
ill -- this terminally ill procedure and
whether he believes that this will allow more
people to be released.
SENATOR NOZZOLIO: The answer to
Senator Duane's question, Mr. President, is
no, I do not know the numbers.
I do know, though, that this is an
attempt to streamline the process. The city
has requested this measure, is supporting the
measure. And that we're trying to streamline
the process for those who are terminally ill
to be able to expedite the process.
SENATOR DUANE: Thank you.
Thank you, Mr. President. On the
bill.
ACTING PRESIDENT LIBOUS: Senator
Duane, on the bill.
SENATOR DUANE: Thank you. This
bill is a very good bill, because I believe it
will allow the possibility of more people to
actually be released before they die. I say
allow the possibility, because, sadly, there's
been really a tremendous lack of efficiency -
I hope it's only efficiency as opposed to, you
5650
know, a bad intention for people to be
released compassionately under the terminally
ill standards.
If this will help more people to be
released, it's a good thing. But I think that
we need to take a very good look at why it is
that so many people who are applying to be
released under terminally ill procedures are
actually dying before they get a chance to go
home.
So I'm going to vote yes on this,
with the hope that we will push to make it
possible for more people to be released
compassionately and die with their family.
Thank you, Mr. President.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
5651
Senator Leibell.
SENATOR LEIBELL: Mr. President,
there will be a Rules Committee meeting in the
Senate Majority Conference Room at 7:15.
ACTING PRESIDENT LIBOUS: There
will be a Rules Committee meeting in the
Senate Majority Conference Room at 7:15.
Senator Rath.
SENATOR RATH: Mr. President, I
wish to call up my bill, Senate Print Number
8042, recalled from the Assembly, which is now
at the desk.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1548, by Senator DeFrancisco, Senate Print
8042, an act to amend the Economic Development
Law.
ACTING PRESIDENT LIBOUS: Senator
Rath.
SENATOR RATH: Mr. President, I
now move to reconsider the vote by which this
bill was passed. And I ask that the bill be
restored to the order of third reading.
ACTING PRESIDENT LIBOUS: The
5652
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR RATH: Mr. President, I
now move to discharge, from the Committee on
Rules, Assembly Print Number 8915A and
substitute it for the identical bill. Which
in Senate on first passage was voted
unanimously.
I now move that the substituted
Assembly bill have its third reading at this
time.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1548, by the Assembly Committee on Rules,
Assembly Print Number 8915A, an act to amend
the Economic Development Law, in relation to
authorizing.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5653
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President. I would request unanimous consent
to be recorded in the affirmative on Calendar
394, Senate Bill 3117A, please.
ACTING PRESIDENT LIBOUS: Without
objection.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1546, by Senator Larkin, Senate Print 7996, an
act to amend the Executive Law, in relation to
the use of unmarked cars.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
Larkin, an explanation is asked for by Senator
Dollinger.
5654
SENATOR LARKIN: Yes, Mr.
President.
Senator Dollinger, if you remember
a few years -- about a year and a half ago,
the Governor issued an executive order that
members of the State Police could not use
speeding runs in unmarked cars. And over the
past two years, we've seen on national
television incidents that have been reported
on law enforcement stopping young women, older
women, everybody else, unmarked car, some of
their cars were driven by women who drove away
because they were scared.
And what we're trying to do is to
prevent something from happening. If we're
going to have somebody out chasing speeders
and we say the State Police can't do it, then
no other law enforcement branch should be able
to do it either.
ACTING PRESIDENT LIBOUS: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, will Senator Larkin yield for a
couple of questions?
ACTING PRESIDENT LIBOUS: Senator
5655
Larkin, will you continue to yield?
SENATOR LARKIN: Yes.
ACTING PRESIDENT LIBOUS: He
will, Senator.
SENATOR DOLLINGER: This bill
says that the State Police -- and I guess I'm
most concerned about them -- that they cannot
use unmarked vehicles for routine stopping.
Is that correct?
SENATOR LARKIN: That's right.
SENATOR DOLLINGER: Or for
apprehension of motorists. So they couldn't
use an unmarked car for apprehension of
anybody driving a car, regardless of what the
crime was.
SENATOR LARKIN: Senator, we're
using the same language that's in the
Executive Order, which singled out the State
Police. So we're not changing anything that's
not in existence now, except for the fact that
we're mandating this statewide for all other
law enforcement officials.
SENATOR DOLLINGER: Okay.
ACTING PRESIDENT LIBOUS: Senator
Dollinger.
5656
SENATOR DOLLINGER: Mr.
President, on the bill.
ACTING PRESIDENT LIBOUS: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I appreciate
the concern that Senator Larkin has about
women being pulled over by unmarked cars.
SENATOR LARKIN: Profiling, too.
SENATOR DOLLINGER: Well,
profiling may be a problem too.
But more importantly, once the
vehicles are stopped, the person who gets out
of the unmarked vehicle is dressed in their
battle dress, they're ready to go. They have
the little Smokey the Bear hats that our state
police officers use, they step out in their
brilliant gray uniforms with their sidearm, if
they're wearing one, or other police
paraphernalia.
It seems to me that concealed
vehicles is one of the ways we enforce our
laws, that we use unmarked cars as a tool for
setting up a radar station so people speed by.
If they see the car with the bubble on the top
and the blue, they know they're going to slow
5657
down. If they see an ordinary car parked by
the side of the road, they don't slow down,
and they go through a speedtrap with an
unmarked or concealed vehicle.
And I'm concerned that while the
Governor may be addressing the issue of women
who would be afraid -- and I would also
acknowledge, Senator Larkin, that there may be
instances in which predators use unmarked
vehicles and pretend to be police. But it
seems to me that if you're breaking the laws
of this state by speeding, whether you're
caught by a concealed vehicle, an unmarked
vehicle, or whether you're caught by one
that's in its -- painted bright blue with a
bubble on the top, you're breaking the laws of
this state and you should be arrested by any
police officer, regardless of whether they're
concealed in a concealed vehicle or not.
I think it's a commonly used police
technique. I think it's appropriate in many
cases. I don't want anybody going faster than
the speed limit in the state of New York. And
whether they're caught by a concealed vehicle
or an unmarked vehicle or not, they shouldn't
5658
be speeding.
I think we're taking a step back
from the rigorous enforcement of our traffic
laws. And I'm going to vote against this
bill, Mr. President, and I'd urge my
colleagues to do likewise. This may be just
increasing the license for people to go a
little bit higher than 65. Which I know no
member of this house has ever done. And I
assume that we want to encourage our
constituents to do the same and be like us and
not go that extra mile an hour.
So I'm going to vote against this
bill. I just think it's bad police work.
ACTING PRESIDENT LIBOUS: Read
the last section.
Oh, I'm sorry. Senator Coppola,
why do you rise?
SENATOR COPPOLA: Just one
question to the sponsor of the bill, please.
ACTING PRESIDENT LIBOUS: Senator
Larkin, would you yield to Senator Coppola for
one question?
SENATOR LARKIN: Yes, Mr.
President.
5659
ACTING PRESIDENT LIBOUS: Senator
Coppola, he yields.
SENATOR COPPOLA: How would this
impact on the drug enforcement officers in the
state? Because a lot of them use -
SENATOR LARKIN: I can't hear
you. You'll have to speak up a little bit
more.
SENATOR COPPOLA: How would this
impact on the drug enforcement officers who
use unmarked cars?
SENATOR LARKIN: In drug
enforcement, officers 90 percent of the time
are not in battle address, as Senator
Dollinger said.
But the drug enforcement officers
who are out on the -- if you've noticed them,
they always have a unit that is assigned to
the local police department in their
operation. So they would be right in the
front end of it.
SENATOR COPPOLA: They can
continue using the unmarked cars?
SENATOR LARKIN: Yes.
SENATOR COPPOLA: Okay. Thank
5660
you.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT LIBOUS: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote.
ACTING PRESIDENT LIBOUS: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Senator
Coppola makes an interesting point. What
about the routine traffic offense of driving
while intoxicated or driving under the
influence?
It seems to me that a concealed -
an officer in an unmarked car should have the
right, the obligation and the duty, if he sees
somebody swerving on a highway, to pull him
over, stop him, and, if he's convinced that
they're under the influence of alcohol, either
5661
administer a Breathalyzer test or arrest them
for drunken driving.
Why we would discourage them from
doing that through this bill seems to me to
make no sense.
ACTING PRESIDENT LIBOUS:
Results.
THE SECRETARY: Ayes, 59. Nays,
2. Senators Coppola and Dollinger recorded in
the negative.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Leibell.
SENATOR LEIBELL: Do we have any
housekeeping at the desk, Mr. President?
ACTING PRESIDENT LIBOUS: Yes,
Senator, we do have some housekeeping at the
desk.
Senator Seward.
SENATOR SEWARD: On behalf of
Senator Volker, please remove the sponsor star
from Calendar Number 218.
ACTING PRESIDENT LIBOUS: The
star is removed from Calendar Number 218.
SENATOR SEWARD: And also, Mr.
5662
President, on behalf of Senator Velella, I
move to recommit Senate Print Number 7093,
Calendar Number 1530, on the order of third
reading, to the committee on -- well, back to
committee.
ACTING PRESIDENT LIBOUS: The
bill is recommitted.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT LIBOUS: Senator
Leibell.
SENATOR LEIBELL: Mr. President,
we'll stand at ease momentarily.
ACTING PRESIDENT LIBOUS: The
Senate will stand at ease momentarily.
(Whereupon, the Senate stood at
ease at 7:21 p.m.)
(Whereupon, the Senate reconvened
at 7:45 p.m.)
ACTING PRESIDENT LIBOUS: Senator
Bonacic.
SENATOR BONACIC: Mr. President,
I ask that we return to the reports of
standing committees. I believe there's a
Rules Committee report at the desk. I ask
that it be read, please.
5663
ACTING PRESIDENT LIBOUS: The
Secretary will read the Rules Committee report
at the desk.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 6672D, by Senator
Skelos, an act to amend the Civil -
ACTING PRESIDENT LIBOUS: I ask
the members to please take their seats, staff
to please sit down. If you have
conversations, take them out of the chamber.
We will continue with the report of
the Rules Committee.
The Secretary will read.
THE SECRETARY: -- an act to
amend the Civil Practice Law and Rules, in
relation to the venue;
Senate Print 7283A, by Senator
Marcellino, an act to amend the Public
Authorities Law;
7316A, by Senator Connor, an act
authorizing a partial tax abatement;
7558B, by Senator Kuhl, an act to
amend the Highway Law;
5664
8041, by Senator Goodman, an act to
authorize the conveyance;
8054, by Senator McGee, an act to
amend the Vehicle and Traffic Law;
8058, by Senator Farley, an act to
amend the Public Health Law;
8090, by Senator Farley, an act to
amend the Banking Law and the Insurance Law;
8095, by Senator Lack, an act to
amend the Uniform Commercial Code;
8099, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
8100, by Senator Padavan, an act to
amend the Retirement and Social Security Law;
8102, by Senator Goodman, an act to
amend the Retirement and Social Security Law;
8103, by the Senate Committee on
Rules, an act to amend the Retirement and
Social Security Law;
8106, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
8110, by Senator Leibell, an act to
amend Chapter 41 of the Laws of 1997;
8112, by the Senate Committee on
5665
Rules, an act to amend the Workers'
Compensation Law;
8122, by Senator Kuhl, an act to
amend the Social Services Law;
8125, by Senator Farley, an act to
authorize the city school district of the City
of Schenectady;
8133, by Senator Spano, an act to
amend the Labor Law;
8134, by the Senate Committee on
Rules, an act to amend the Tax Law;
8135, by the Senate Committee on
Rules, an act to amend the Labor Law;
8139, by Senator Morahan, an act to
amend the Executive Law;
8143, by Senator Lack, an act to
amend a chapter of the Laws of 2000;
8153, by Senator Padavan, an act to
amend the Real Property Tax Law;
8169, by Senator Volker, an act to
amend the Public Authorities Law;
And 8172, by Senator LaValle, an
act to amend the Public Authorities Law.
All bills ordered direct to third
reading.
5666
ACTING PRESIDENT LIBOUS: Senator
Skelos.
SENATOR SKELOS: Mr. President,
move to accept the report of the Rules
Committee.
ACTING PRESIDENT LIBOUS: The
motion is to accept the Rules Committee
report. All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
report is accepted.
Senator Farley, for a motion.
SENATOR FARLEY: Thank you, Mr.
President. On behalf of Senator Goodman -- I
don't know what page it's on, but anyway it's
Calendar Number 1553, Senate Print 8041. I
offer the following amendments to that bill
and ask that it will retain its place on the
order of third reading.
ACTING PRESIDENT LIBOUS:
Amendments received. The bill will retain its
place on the third reading order.
5667
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the regular calendar would you please call
up Calendar Number 629, by Senator Nozzolio.
ACTING PRESIDENT LIBOUS: Number
629, by Senator Nozzolio.
The Secretary will read.
THE SECRETARY: Calendar Number
629, by Senator Nozzolio, Senate Print 143B,
an act to amend the General Business Law and
the Executive Law, in relation to the sale and
use of certain smoke alarms.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2001.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the regular calendar would you please call
5668
up Calendar Number 754.
THE SECRETARY: Calendar Number
754, by Senator Spano, Senate Print 1469E, an
act to amend the Social Services Law, in
relation to unfounded reports.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT LIBOUS: Senator
Spano, an explanation is asked for by Senator
Hevesi.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Skelos.
SENATOR SKELOS: On Calendar
Number 754, is there a message of necessity at
the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All those in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
5669
ACTING PRESIDENT LIBOUS: The
message is accepted.
SENATOR DUANE: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Duane.
SENATOR DUANE: I'm confused.
Could you tell me what calendar we're on?
ACTING PRESIDENT LIBOUS: Senator
Duane, we are on the main calendar, the first
calendar we took up this morning.
SENATOR DUANE: Mr. President -
ACTING PRESIDENT LIBOUS: Number
754, sir.
SENATOR DUANE: Thank you, Mr.
President.
SENATOR SKELOS: Who requested
the explanation, Mr. President?
ACTING PRESIDENT LIBOUS: Senator
Skelos, Senator Hevesi requested an
explanation.
SENATOR SKELOS: Please lay it
aside temporarily.
ACTING PRESIDENT LIBOUS: We'll
lay the bill aside.
SENATOR SKELOS: Mr. President.
5670
ACTING PRESIDENT LIBOUS: Senator
Skelos.
SENATOR SKELOS: Would you call
up Calendar 1006.
ACTING PRESIDENT LIBOUS:
Calendar 1006.
The Secretary will read.
THE SECRETARY: Calendar Number
1006, by Senator Skelos, Senate Print 6781B,
an act to amend the Penal Law, in relation to
establishing.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT LIBOUS: Yes,
Senator, there is a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message of necessity.
All in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
5671
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you call up Calendar Number 754, by
Senator Spano. And I believe Senator Hevesi
has asked for an explanation.
ACTING PRESIDENT LIBOUS: 754, by
Senator Spano.
The Secretary will read.
THE SECRETARY: Calendar Number
754, by Senator Spano, Senate Print 1469E, an
act to amend the Social Services Law, in
relation to unfounded reports.
ACTING PRESIDENT LIBOUS: Senator
Hevesi, would you still like the sponsor to
yield?
5672
SENATOR HEVESI: I would like an
explanation, Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Spano, Senator Hevesi would like an
explanation, please.
SENATOR SPANO: Yes, Mr.
President.
We -- I had a parent come to me,
her name was Donna Devonne, who had a child
who fell at a playground in clear view of
their -- of the school officials. The child
was injured, went home, the neighbors noticed
an injury on the child, called Child
Protective Services, turned in the parents for
potential child abuse. They found that the
child fell in clear view of the school
officials, and everything was fine.
The bottom line, once that
complaint of -- potentially of child abuse is
put against that parent, there are no
provisions to allow for expunging the records.
There was another case in
Westchester of a tragedy of a child who had
died and at the same time another child who
died in a car accident. When they took the
5673
results of the x-rays, they found that there
was serious head trauma to one of the
children -- one of the infants who had died.
And as a result, they turned the -- called
Child Protective Services.
ACTING PRESIDENT LIBOUS: Excuse
me, Senator Spano.
If I could again ask members to
please take their seats. A lot is going on.
A bill is being debated, an explanation is
asked for. Please take conversations outside
the chamber.
Senator Spano has the floor.
SENATOR SPANO: I was saying that
we had a parent now who was in an emergency
room and their child was just pronounced dead.
In walks Child Protective Services. They
said, "We need to investigate this." The
parents said, "It's impossible." They said:
"No, there's head trauma." They said, "It's
impossible." "We need to investigate this."
After keeping the parents at the
emergency room for some six or seven hours,
they found out that they inadvertently had
switched the x-rays of two children, two
5674
infants who had died, and that the parents who
were being there being questioned had a child
who had a history of problems and fragile bone
problems and subsequently died from the
disease that the child had, and that they had
made a mistake and sent the x-rays from the
other child, who was killed in a car accident.
These same parents had to endure
this type of questioning and had to have their
names included in a -- in the reports for ten
years, and there were no provisions in the law
to expunge the records.
Simply put, this bill puts a
provision in place to allow for the expunging
of the records if there is clear and
convincing evidence that there were no cases
of child abuse, no instances of child abuse.
SENATOR HEVESI: Mr. President,
will the sponsor yield for a question?
SENATOR SPANO: Yes.
ACTING PRESIDENT LIBOUS: Senator
Spano, Senator Hevesi has a question. Would
you yield?
SENATOR SPANO: Yes, I do.
ACTING PRESIDENT LIBOUS: Yes, he
5675
will, sir.
SENATOR HEVESI: Thank you.
Senator Spano, in the example that
you just cited -- and it's a compelling case,
and I agree with you on that case -- is it not
possible to solve the problem a different way?
And I'll tell you why I'm a little bit
uncomfortable with this the way we're doing it
here.
Isn't it possible to pass a piece
of legislation which prevents them from being
on this list for ten years but still would
make available for some subsequent
investigation if there was another allegation
of child abuse, so that despite the fact that
there was clear evidence this time around that
there was no child abuse in this particular
case that somebody at a later time might be
able to determine that there was a pattern of
abuse going on and, for whatever reason, there
was a mistake that this one case showed
unfounded child abuse?
SENATOR SPANO: I mean, to answer
your question, sure. Sure, it would be
possible for us to do that. But if we have
5676
parents who -- and there's clear and
convincing evidence that there were no cases
of child abuse, why should we have those
parents be listed on that central registry for
ten years if they've had no previous history
of child abuse?
And we looked at the standard here.
One of the drafts that was presented to us by
the Assembly had preponderance of evidence.
What we said, that is a different standard.
We wanted clear and convincing evidence, so
that we would limit, severely limit the number
of people who would come under this statute.
Because we did not want to reduce or minimize
the original statute, which was there to
protect our children.
So I can understand, you're right
in terms of the -- our concern about not
minimizing the statute. But this does not do
that, because of the high standard that we put
in it.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT LIBOUS: Senator
Spano, will you continue to yield?
5677
SENATOR SPANO: Yes.
ACTING PRESIDENT LIBOUS: Yes,
Senator Hevesi, he will.
SENATOR HEVESI: Senator, what I
am in effect suggesting is that we pass a law
that says that you do not place those parents'
names in the child registry for ten years, you
do nothing of the sort. You simply don't for
all of eternity eliminate the record that
showed that there was an unfounded, an
unfounded case of child abuse -- or an
unfounded report of child abuse.
And so the parents who were
wrongfully accused are not subject to any
unwarranted scrutiny or harassment or what
have you, but in doing that, we still will
ensure that if in the future there is a
subsequent allegation of abuse against the
same parents, that some investigative entity
will know that there was another allegation at
some point made. And they will still be able
to read that record and know that it was
unfounded, but it might be very helpful in
piecing together some pattern of abuse to
protect the child.
5678
SENATOR SPANO: I really -
ACTING PRESIDENT LIBOUS: Excuse
me.
Senator Saland, why do you rise?
SENATOR SALAND: Mr. President,
would Senator Spano perhaps yield to me as the
chairman of the Senate Children and Families
Committee, inasmuch as we dealt with this
issue at a time several years ago which
preceded Senator Hevesi's becoming a member of
this chamber? I don't believe he was here
when we did the so-called Elisa's Law. And
perhaps I may be -
ACTING PRESIDENT LIBOUS: Senator
Spano, are you interested at this time to
yield the floor to Senator Saland?
SENATOR SPANO: Sure.
SENATOR SALAND: Thank you, Mr.
President. Thank you, Senator Spano.
Correct me if I'm wrong, Senator
Hevesi. I don't recall your being a member of
this body at the time we did the so-called
Elisa's Law. Were you?
SENATOR HEVESI: If it was prior
to January 1st of last year, I was not a
5679
member.
SENATOR SALAND: Okay. That bill
at the time was a response to a very tragic
situation which occurred in the city of New
York in which a child was severely abused.
And it was a subject of considerable attention
not only in the New York media, but I think
probably nationally as well.
And in our zeal to deal with the
issues surrounding that incident, we made far
more stringent the law dealing with reporting
and retaining of records in child abuse cases.
And I won't go on at great length on what was
done, but suffice it to say that until that
point in time, records were expungable, and
one could, where there was unfounded report,
have their record expunged.
And the theory behind retaining the
records was basically that there may be
situations in which a subject of a report, a
child, might not be -- let me rephrase that.
Where the agency dealing with the abuse, the
Social Services Department or, in the City of
New York I guess it's HRA, might not be able
to establish neglect or abuse, but nonetheless
5680
the record should be retained to, as you
suggest, establish a pattern of where these
incidents may be unexplained.
And once you had established this
pattern -- the child with the burn, the child
with the bruise, with some degree of frequency
or regularity -- you would then effectively
have a different situation. Instead of a
record that had been expunged, you'd be able
to establish a pattern and thereby might be
able to establish the neglect or abuse by
reason of the pattern.
Therefore, it was determined that
records should never be expunged.
I must say at the time that we
introduced this legislation, and I was very
much involved in negotiation of the
legislation, I had some reservations about
always retaining records, particularly where
there was no finding and no evidence of trauma
or anything physical that would show that
there had been any kind of an injury.
Nonetheless, the bill passed and
was signed into law. Senator Spano gave you
examples that have occurred within Westchester
5681
County, within his district, in which a report
which was baseless was required to be retained
under the existing law. There are others who
have shared similar experiences with me. And
I know Senator Kuhl, in his district a few
years ago, had a very similar experience
involving a young child who was reported -- an
injury to the child was reported, I believe by
a schoolteacher or a daycare worker, and it
turned out to be baseless. The child had
actually hurt herself in the schoolyard and
was calling for her mommy, and the assumption
was that mommy had somehow or other done
something to this child.
Well, you can imagine the
frustration of a parent with no history, with
no intention, with nothing but the kind of
affection that one would reasonably expect and
hope a parent would devote to a child,
suddenly finding themselves being accused of
abuse or neglect, having it be dismissed as
baseless, and not having the means by which to
have a discharged.
This is a balanced approach, and I
really commend Senator Spano particularly for
5682
working as fervently as he has, as has Senator
Kuhl, over the course of action of the past
several years to try and deal with this issue.
And what they've done is, as he
mentioned, created a standard above the more
preponderance, a standard of clear and
convincing that basically says you have to do
more than merely be able to say, Well, look,
you can't show me, you can't prove that I was
guilty of abuse or neglect, there has to be
something a little stronger than that -- in
fact, a lot stronger than that. You have to
be able to show the burden on you, by clear
and convincing evidence, that you in fact were
not the person responsible for the injury or
the trauma.
So this is, I think, a giant step
given where we've been. And I think it's
something that many parents who have the
misfortune of being wrongfully accused and
unable to expunge will view as quite a saving
device to spare them the agony and the pain
associated not merely with being accused of
this type of deed when it's erroneous, but
also what it means in your community when
5683
someone makes this accusation about you and
your neighbors are aware and they see the
people come to the house to do the
investigations.
So I think it's balanced, it's
equitable, and I think it responds in large
part to a void in this law of several years
ago.
SENATOR HEVESI: Mr. President, I
don't -
ACTING PRESIDENT LIBOUS: Senator
Hevesi.
SENATOR HEVESI: I would -- if
Senator Saland has the floor and I'm able to,
under the rules of the Senate, ask him to
yield for a question, I'd like to do that.
ACTING PRESIDENT LIBOUS: Senator
Saland has the floor, and under the rules of
the Senate you can ask him to yield.
And, Senator Saland, will you
yield?
SENATOR SALAND: I will certainly
yield.
ACTING PRESIDENT LIBOUS: The
Senator will yield.
5684
SENATOR HEVESI: Senator, I
appreciate the explanation. I don't disagree
with just about everything you said.
I'm going to pose the same question
to you that I posed to Senator Spano, which is
the following.
The negative implications of not
having your record of abuse, which was an
unfounded allegation, of not having it
expunged, is that you have your name placed on
a registry, and that has negative
implications. Okay? The investigation, the
people at the door, is going to happen anyway
because allegation that has to be
investigated. There's nothing we can do about
that.
I'm suggesting, simply change the
law to provide for when the situation occurs
where somebody is found to have not been
guilty, there's an unfounded report of child
abuse, that they do not go on any type of
registry, there's no record disseminated to
the public that this ever happened, and that
what simply we do, instead of expunging -
which my understanding of expunging means
5685
there's no record, no one can ever find this
record, it ceases to exist.
Instead of doing that, you simply
seal the record and, in the same piece of
legislation, you provide that if ever there is
an allegation against the same parent, that
that record can be unsealed for the scrutiny
of the investigators and that unfounded record
will still have all the details of that
unfounded case.
I don't see how in any way that
would disenfranchise a parent, someone who's
been accused. But it at the same time might
protect against the following situation, which
is the logic behind the notion that there are
all the time individuals who are falsely
accused of child abuse.
If we accept that individuals are
going to be falsely accused of child abuse, it
logically follows that at least on some
occasion there's going to be an unfounded
report of child abuse that is actually
founded, that actually occurred. And for
whatever reason, the parent was able to
explain it away satisfactorily to some
5686
investigator or what have you, and that in
fact abuse did occur.
And so the situation I'm outlining
for you, Senator Saland, and I'd like to hear
your comments on, would not compromise
anything on behalf of the parents, but would
maintain the integrity of an investigative
process prospectively to protect the child, in
order to establish a pattern sometime in the
future.
SENATOR SALAND: Senator Hevesi,
I think what you've done is effectively
described the construct of Elisa's Law and the
purpose for Elisa's Law.
And what I was trying to explain to
you in my earlier comments was that there are
circumstances in which beyond any question
there is -- there has been a report made where
there is no justification for the -- for that
report to be lodged permanently as a record.
In all those other instances where
those reports are made and there's no finding,
and there's no justification for removing it
by clear and convincing evidence, those
records shall and should be retained.
5687
What is being done here is where it
rises to such a high level, where it's beyond
doubt -- as given in the example of Senator
Spano earlier, where records of two different
children, two different children were crossed
and tragically one child was identified as
being the other child, the parent having been
through enough trauma already with the death
of their child, I mean, it certainly was
beyond a doubt, beyond anybody's doubt, that
this was an error.
So it would serve no justifiable
social purpose or policy end to have that
record retained. I mean, I think we can all
agree on that.
And I don't envision this as
somehow or other creating a mechanism whereby
there will be wholesale expunging of records.
Again, if you read the bill, and I would just
call your attention particularly -- I mean,
the first case is obvious, where there's a
violation of 240.55. Somebody falsely
reported the incident. I mean, why shouldn't
that record be expunged?
You go to the second case, what
5688
we're talking about is clear and convincing
evidence that affirmatively refutes the
allegation. But it goes on to say that the
absence of credible evidence supporting the
allegation of abuse or maltreatment shall not
be the sole basis to expunge the report.
That's pretty heavy. I mean, the burden is on
you. You want to expunge your record, you've
got to do that by clear and convincing
evidence.
And I would submit to you that
there are certainly a minority of cases -- you
know, not clearly a majority, and I would
assume it's a relatively slender minority of
cases -- in which you will see the level of
proof rising to that clear and convincing
threshold.
And I'm not troubled, and I would
speak as the chairman of the Senate Children
and Families Committee, certainly having dealt
with issues like this time and again for the
past eight years now -- I'm not troubled by
Senator Spano's proposal. In fact, I can only
commend him for it.
SENATOR HEVESI: Thank you.
5689
Mr. President, on the bill.
ACTING PRESIDENT LIBOUS: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you. Mr.
President, briefly on the bill, because I have
articulated my feelings and thoughts on this
issue in the course of my questioning of
Senator Saland and Senator Spano, and I thank
them for their very thoughtful and
deliberative answers.
And I would agree with Senator
Saland that in a case where somebody is
convicted of falsely reporting an incident,
that I have no problems in that case
expunging. That's appropriate to expunge.
I certainly don't see why we can't
achieve the same results, which is not to
disenfranchise a parent who has been wrongly
accused, why we can't achieve that without
erasing forever, irreparably, for all time,
the record that there was an allegation,
though it was found to be unfounded.
Because we could really have a
situation where there are two expunged records
against the same parent where a child abuse
5690
allegation was made and it was found to be
unfounded, and then there's another
allegation, and now the investigator on the
third allegation can't even get the records of
the first two allegations, which were found to
be unfounded, so he could try and determine
whether or not the third instance, the third
allegation, bears any similarity to the other
two, and in fact the unfounded reports in the
first two instances maybe weren't unfounded.
So all I'm trying to accomplish
here is to provide a trail for investigators
to give the fullest protection to children
possible. And I know, Senator Spano and
Senator Saland, you're not trying to
compromise that at all, and you don't believe
that that's what this legislation does.
I believe we can establish the same
ends in a better means, and for that reason
I'm going to be voting no on this legislation.
ACTING PRESIDENT LIBOUS: Senator
Gentile.
SENATOR GENTILE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT LIBOUS: Senator
5691
Gentile, on the bill.
SENATOR GENTILE: One of the
reasons I supported Elisa's Law when we
considered it was for this very provision. As
a prosecutor dealing in child abuse cases, I
understand that and had experience in dealing
with unfounded child abuse findings, and
coming to understand that that designation of
unfounded doesn't necessarily mean that some
abuse did not take place.
Because, as Senator Saland said,
certainly in interviewing the -- or it might
have been Senator Hevesi -- in interviewing
the parent, interviewing the child -
interviewing children in these situations is a
very difficult matter. And as a prosecutor
and as a law enforcement officer, having this
opportunity to see what types of situations
were considered unfounded can lead to the
pattern that Senator Hevesi speaks about.
And unfortunately, unfortunately,
there is no separate designation under the
current law for those situations where a child
abuse report was truly and sincerely unfounded
and those instances where something might have
5692
occurred but the investigators investigating
that case could not substantiate enough to
continue the investigation or to proceed with
a prosecution.
So in those instances, that maybe
Senator Hevesi speaks some wisdom in coming up
with different designation for those cases
which were truly, sincerely unfounded and
those designations where something could not
be substantiated yet there were still
questions remaining as to the abuse or the
injuries that were suffered and seen on the
child.
Given that, I don't think we should
be weakening Elisa's Law for the benefit of
the children who fall into the category of not
being able to substantiate something that
happened but suspicions remain as to how those
injuries were sustained.
So given that, I think Elisa's Law
was right in the first instance, we should
continue to do that, and maybe we should
pursue a differing designation for the types
of parents -- which there are some -- that
Senator Spano speaks about. And certainly in
5693
unfounded, truly unfounded cases, Senator
Spano does have a point.
And I think what we need to do,
something along Senator Hevesi's lines, is to
come up with a different designation. But not
to eliminate, not to expunge records, because
that puts the child who is truly in danger at
a loss here, because investigators will have
nothing to look at in terms of a pattern.
So, Mr. President, I will be voting
no on this legislation.
ACTING PRESIDENT LIBOUS: Senator
Skelos, earlier today a message of necessity
was accepted.
Would you read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT LIBOUS: Senator
Montgomery, are you up on this piece of
legislation?
SENATOR MONTGOMERY: I want to
explain my vote.
5694
ACTING PRESIDENT LIBOUS: Senator
Montgomery, to explain her vote.
SENATOR MONTGOMERY: Yes. Mr.
President, I'm voting for this legislation.
And the reason being is that I've certainly
had -- I hate to disagree with my
distinguished colleagues on my own side, but
I've had experience with this situation. And
I understand fully the need for us to be much
more careful about how this -- these kinds of
charges are handled.
And certainly in the event that
there is clearly an unfounded case, we need to
make sure that that person is not penalized,
and sealing the record does not do it.
Especially for people who don't have the means
to defend themselves appropriately,
adequately. And so a lot of people will be
forever, forever tarnished by the fact that
there is -- that there has been a report made,
even though it's found to be unfounded.
So I'm voting for this legislation.
Thank you.
ACTING PRESIDENT LIBOUS: Senator
Montgomery will be recorded in the
5695
affirmative.
Results.
THE SECRETARY: Ayes, 57. Nays,
4. Senators Coppola, Gentile, Hevesi, and
Stavisky recorded in the negative.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the regular calendar would you call up
Calendar Number 1197, by Senator Bonacic.
ACTING PRESIDENT LIBOUS: Regular
calendar, Number 1197, Senator Bonacic.
The Secretary will read.
THE SECRETARY: Calendar Number
1197, by Senator Bonacic, Senate Print 5199B,
an act to amend the Environmental Conservation
Law, in relation to authorizing.
ACTING PRESIDENT LIBOUS: Read
the last section.
Senator Coppola.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
Bonacic, Senator Coppola has asked for an
5696
explanation.
SENATOR BONACIC: Thank you, Mr.
President.
This is a piece of legislation that
pertains to Belleayre Mountain Ski Area, which
we own. It's a state asset. And what we want
to do is to authorize the Commissioner of the
DEC to be allowed to enter into an operating
permit with a private entrepreneur to come to
Belleayre and make substantial investments in
order to make that mountain more attractive
and bring economic vitality to that entire
Route 28 corridor.
The area around Belleayre -- it's
in the town of Shandaken, by the way, in
Ulster County, and it's also in the town of
Middletown, in Delaware County. It's in two
counties. And there were more people in the
town of Shandaken in the year 1900 than there
is today, because there are no jobs there.
And we had an example -- and by the
way, the market for people that ski here come
from the metropolitan area, they come from
northern New Jersey and the Island.
So that's what the bill does. It
5697
was before us last year. It passed last year.
We made certain amendments, which I will share
with you.
If any improvement is over $50,000,
it's a project labor agreement. They have
seven employees there, permanent, and there
are part-time employees. And we say in here
that they must retain their jobs. Any money
that the state receives from the operating
permit will be spent in accordance with the
purposes of the 1996 Environmental Bond Act
and for planning along the Route 28 corridor.
That's the purpose of the bill.
ACTING PRESIDENT LIBOUS: Senator
Coppola.
SENATOR COPPOLA: Yes. Mr.
President, would the sponsor answer a
question, please.
ACTING PRESIDENT LIBOUS: Senator
Bonacic, would you yield to a question?
SENATOR BONACIC: Absolutely.
ACTING PRESIDENT LIBOUS: Senator
Coppola, he'll yield.
SENATOR COPPOLA: What is the
insurance coverage with this -
5698
ACTING PRESIDENT LIBOUS: Senator
Coppola, could you address the chair and could
you speak a little louder so that we could all
hear you please, into the microphone.
SENATOR BONACIC: The insurance
coverage was the question?
SENATOR COPPOLA: I thought I
spoke into the microphone.
SENATOR BONACIC: We own the
assets, so we're self-insured.
SENATOR COPPOLA: So basically
the state is going to be covering the
insurance with this project?
SENATOR BONACIC: No, no, I'm
sorry. I thought you meant the present
status.
If this were to go forward? That
would be negotiated with the operating lease.
In other words, if the state
could -- and we're not there yet, but if this
were to go forward, we would expect the DEC to
get the best possible arrangement for the
State of New York. They could get 4 percent
of the receipts and/or, say, 3 percent, and
you'd pay for the insurance. So that is
5699
subject to be negotiated.
SENATOR COPPOLA: I think that's
a very important issue, Senator. Because in
my dealings in government, to hold any
government harmless with insurance policies is
important. Especially if we're self-insured.
And on the ski slopes, as you well
know, there are a lot of accidents. And we
could be looking at millions of dollars' worth
of lawsuits here. And I'm concerned about
that, that's all I'm saying. I'm raising that
question, Senator.
SENATOR BONACIC: Senator, we own
three ski areas in the State of New York. We
own in Lake Placid and we own Gore and we own
Belleayre Mountain. So, you know -- and
they've been there, I guess, close to 50
years.
SENATOR COPPOLA: Thank you,
Senator.
SENATOR BONACIC: You're welcome.
ACTING PRESIDENT LIBOUS: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Mr.
President.
5700
SENATOR BONACIC: Yes.
SENATOR SCHNEIDERMAN: If the
sponsor will yield to a question.
SENATOR BONACIC: Yes,
absolutely.
ACTING PRESIDENT LIBOUS: The
sponsor will yield.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President.
Do I understand that the amendments
to this bill were intended to address some of
the concerns some of us had, many of us who
voted against a similar bill last year, that
this was essentially taking a state asset and
turning it over to a for-profit corporation?
SENATOR BONACIC: We still own
the asset. And it's under the supervision of
the DEC.
All we're trying to do is two
things. We're trying to bring revenue to the
State of New York, because this mountain has
been losing money for many, many years. And
the state has not funded to the level that it
should to upgrade and keep this a viable
asset.
5701
We got $5 million when Senator Cook
was here, my predecessor. They did a
tremendous job in spending that money. But
the last year's budget, there was no money.
There's no money in this year's budget. And
we're in good economic times. If the State of
New York, you know, doesn't do as well,
there's less money invested in recreation and
more is put in health, education, the things
that we generally deem are a higher priority.
SENATOR SCHNEIDERMAN: Through
you, Mr. President, if the sponsor will
continue to yield.
ACTING PRESIDENT LIBOUS: Senator
Bonacic, will you continue to yield?
SENATOR BONACIC: I would, sure.
ACTING PRESIDENT LIBOUS:
Senator, he will.
SENATOR SCHNEIDERMAN: Is there
any change in last year's bill that many of us
had a problem with -- although understanding
and sympathizing with the need for investment
and economic development in this area -- is
there any change in this year's bill that
would deal with the fact that we're talking
5702
about -- while we're not talking about turning
over an asset in its entirety to a for-profit
corporation, my recollection is up to a
40-year lease. Is that still the same in this
year's bill?
SENATOR BONACIC: Yes. Because
right now any of the three ski areas that I
mentioned -- let's just keep it to Belleayre.
They could enter into a ten-year operating
permit without anyone's approval.
But to attract the kind of
investment we need, just in Vernon Valley, in
northern New Jersey, roughly 40 miles to our
south, they invested $22 million in capital
improvements. And that's the same market that
we want to attract.
So in order to entice an
operating -- operator, entrepreneur, a ski
entrepreneur to invest that kind of money,
he's got to get a return. And 39 years would
be the length of the lease. It could be
terminated with cause or without cause by our
Commissioner of the DEC.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I thank the sponsor for his
5703
answers.
ACTING PRESIDENT LIBOUS: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I
understand the importance of this to Senator
Bonacic. And, you know, I wish I could go
along with it. But -- and I don't really
recall the points that I made a year ago,
because I wasn't prepared for this.
But as I do recall some things, one
thing is that this is part of the Catskill
Preserve. And it is land that is not supposed
to be developed. It is part of our state land
that is assured to stay natural and not have
commerce inflicted upon it.
Also, as I recall, there is water
that would be diverted that is being utilized
by surrounding communities. Am I wrong in
remembering some of these things, Senator
Bonacic?
ACTING PRESIDENT LIBOUS: Excuse
me. Senator Oppenheimer, are you asking
Senator Bonacic to yield?
SENATOR OPPENHEIMER: Yes, if you
would be good enough to ask him to yield.
5704
ACTING PRESIDENT LIBOUS: Senator
Bonacic, would you yield to -
SENATOR BONACIC: Of course. Of
course.
ACTING PRESIDENT LIBOUS: Okay.
Senator.
SENATOR BONACIC: Do you want me
to address your concerns, Senator?
SENATOR OPPENHEIMER: Yes, if you
would, please.
SENATOR BONACIC: Surely.
Right now, first of all, the land
is in the Catskill Forest Preserve. Right now
we have the constitutional authority to
develop up to 25 miles of the ski area, and we
are at roughly 17 miles. So we are not
expanding what we have the authority to do.
So that would answer the first question.
And in terms of intensification or
economic development, you know, most of us
view skiing as something that's healthy,
that's compatible to the environment. And it
doesn't do any harm to it.
And last but not least, as to the
water, there is sufficient water there to make
5705
snow, so . . .
ACTING PRESIDENT LIBOUS: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Yes, on the
bill.
ACTING PRESIDENT LIBOUS: Senator
Oppenheimer will speak on the bill.
SENATOR OPPENHEIMER: As I said,
I don't have my information in front of me.
But as I recall from last year -
ACTING PRESIDENT LIBOUS: Excuse
me, Senator Oppenheimer.
Could -- ladies and gentlemen,
could we have a little order in the chamber,
please.
Senator Oppenheimer, you have the
floor.
SENATOR OPPENHEIMER: On the
bill.
As I recall, last year the
environmental advocates felt this was very
poor policy and that the areas that we are
trying to reserve as open space should stay
so. And this, mind you, I am saying as a
skier. So I'm really putting my environmental
5706
credentials even ahead of my hobby.
But as I recall, there were two
smokestacks or three smokestacks on this
particular issue. And so therefore, I think
we have to take into consideration their
objective, which is to maintain our
environment as free from intrusion as
possible.
I'll be voting no.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT LIBOUS: Senator
Mendez, why do you rise?
SENATOR MENDEZ: I want to
explain my vote.
ACTING PRESIDENT LIBOUS: Senator
Mendez, to explain her vote.
SENATOR MENDEZ: I know the area.
I'm satisfied with the reasons that have been
given by the sponsor of the bill pertaining to
5707
the water, pertaining to the nonintrusion into
the already forest lands, and pertaining to
the need for economic development.
I want to make -- yes, even if it
is a two smoke whatever or a three smoke
whatever, I think that all these wonderful
people who are always defending our
environment and we have to care for it because
otherwise we're going to poison forever the
planet Earth -- but I wish that they would
take some time to deal with the issue of
environmental racism that has not been dealt
with and that occurs every single day in the
City of New York.
And I know that in my district
there has been examples of that. So I would
be more inclined to support all those bills
with one, two, three or a thousand smokestacks
as long as -- at the time that I see that they
also devote their energies to deal with the
issue of environmental racism.
I vote yes.
ACTING PRESIDENT LIBOUS:
Results.
THE SECRETARY: Those recorded in
5708
the negative on Calendar Number 1197 are
Senators Breslin, Connor, Coppola, Dollinger,
Duane, Gentile, LaValle, Marcellino,
Oppenheimer, Paterson, Schneiderman,
Stachowski, and Stavisky. Ayes, 48. Nays,
13.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Can we at this
time call up Calendar Number 515.
ACTING PRESIDENT LIBOUS:
Calendar Number 515.
The Secretary will read.
THE SECRETARY: Calendar Number
515, by Senator Stafford, Senate Print 4393A,
an act to authorize the Ausable-Chesterfield
Keeseville joint fire district.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message at the desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: The
5709
motion is to accept the message. All in favor
indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
SENATOR BRUNO: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Can we at this
time return to the reports of standing
committees. I believe there is a report from
the Finance Committee at the desk. I would
ask that it be read at this time.
5710
ACTING PRESIDENT LIBOUS: The
Secretary will read the report of the Finance
Committee.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 8171, by Senator
Leibell, an act to amend the Civil Service Law
and the State Finance Law.
SENATOR BRUNO: Mr. President,
can we take that bill up at this time.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1501, by Senator Leibell, Senate Print 8171,
an act to amend the Civil Service Law and the
State Finance Law.
ACTING PRESIDENT LIBOUS: Senator
Bruno, there's a message at the desk.
SENATOR BRUNO: Please move to
accept the message.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All in favor
say aye.
(Response of "Aye.")
5711
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
SENATOR COPPOLA: Explanation.
Please.
ACTING PRESIDENT LIBOUS: Who's
asking for an explanation?
Senator Coppola is asking for an
explanation.
SENATOR COPPOLA: I withdraw it.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5712
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Onorato.
SENATOR ONORATO: Mr. President,
I'd like unanimous consent to be recorded in
the negative on Calendar Number 1197.
ACTING PRESIDENT LIBOUS: Without
objection.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to Supplemental Calendar Number
57C and take up Number 1533.
ACTING PRESIDENT LIBOUS:
Calendar 57C.
The Secretary will read.
THE SECRETARY: Calendar Number
1533, by Senator Marcellino, Senate Print
7284A, an act to amend the Environmental
Conservation Law.
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
5713
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
SENATOR HEVESI: Explanation.
ACTING PRESIDENT LIBOUS: An
explanation is asked for by Senator Hevesi.
SENATOR HEVESI: A brief
explanation, Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Marcellino, Senator Hevesi is asking for a
brief explanation.
SENATOR MARCELLINO: Thank you,
Mr. President.
Senator, this is an extender. The
ability of the EFC to invest its resources
expires at the end of this year, and we have
attempted to make this a permanent situation,
but the other house insists that we renew it.
5714
So we're extending it to 2003 so that they can
continue the good work they do with the money
that they have to invest.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up the
noncontroversial Supplemental Calendar 57D.
ACTING PRESIDENT LIBOUS:
Calendar 57D, noncontroversial.
The Secretary will read.
THE SECRETARY: Calendar Number
1549, by Senator Skelos, Senate Print 6672D,
an act to amend the Civil Practice Law and
Rules, in relation to the venue.
SENATOR BRUNO: Is there a
5715
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
Senator Bruno, there is a message at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All in favor
say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1550, by Senator Marcellino, Senate Print
5716
7283A, an act to amend the Public Authorities
Law, in relation to the special powers.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1551, by Senator Connor, Senate Print 7316A,
an act authorizing a partial tax abatement.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
5717
THE SECRETARY: Calendar Number
1552, by Senator Kuhl, Senate Print 7558B, an
act to amend the Highway Law, in relation to
certain highway.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1553, Senator Goodman moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11402 and substitute it
for the identical Senate Bill Number 8041A,
Third Reading Calendar 1553.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1553 -
5718
SENATOR CONNOR: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1554, by Senator McGee, Senate Print 8054, an
act to amend the Vehicle and Traffic Law, in
relation to increasing.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 11. This
act shall take effect on the first day of
November.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1555, by Senator Farley, Senate Print 8058 -
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1556, by Senator Farley, Senate Print 8090, an
5719
act to amend the Banking Law and the Insurance
Law, in relation to insurance activities.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1557, by Senator Lack, Senate Print 8095, an
act to amend the Uniform Commercial Code, in
relation to letters of credit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 11. This
act shall take effect on the first day of
November.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5720
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1558, by the Senate Committee on Rules, Senate
Print 8099, an act to amend the Administrative
Code of the City of New York, in relation to
the rate of regular interest.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 26. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1559, by Senator Padavan, Senate Print 8100,
an act to amend the Retirement and Social
Security Law, in relation to the
determination.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
5721
THE SECRETARY: Section 3. This
act shall take effect July 1.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1560, by Senator Goodman, Senate Print 8102,
an act to amend the Retirement and Social
Security Law, in relation to increased
take-home pay.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect October 1.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
5722
1561, by the Senate Committee on Rules, Senate
Print 8103, an act to amend the Retirement and
Social Security Law, in relation to elections.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1562, by Senator Leibell, Senate Print 8106,
an act to amend the Retirement and Social
Security Law, in relation to disability
benefits.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
5723
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1563, by Senator Leibell, Senate Print 8110,
an act to amend Chapter 41 of the Laws of
1997.
ACTING PRESIDENT LIBOUS: Senator
Farley.
SENATOR FARLEY: Mr. President,
I'd like to abstain on that bill, as it
affects me personally.
ACTING PRESIDENT LIBOUS: Without
objection, Senator Farley will abstain.
Read the last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1564, Senator Bruno moves to
5724
discharge, from the Committee on Rules,
Assembly Bill Number 11306 and substitute it
for the identical Senate Bill Number 8112,
Third Reading Calendar 1564.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1564, by the Assembly Committee on Rules,
Assembly Print Number 11306, an act to amend
the Workers' Compensation Law and Chapter 729
of the Laws of 1993.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1565, by Senator Kuhl, Senate Print 8122, an
act to amend the Social Services Law, in
5725
relation to establishing.
SENATOR COPPOLA: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1567, by Senator Farley, Senate Print 8125, an
act to authorize the city school district of
the City of Schenectady.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1568, by Senator Spano, Senate Print 8133, an
act to amend the Labor Law, in relation to
prohibiting.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
5726
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1569, by the Senate Committee on Rules, Senate
Print Number 8134, an act to amend the Tax
Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
SENATOR ONORATO: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1570, by the Senate Committee on Rules, Senate
Print 8135 -
SENATOR BRUNO: Lay that aside
for the day.
ACTING PRESIDENT LIBOUS: Lay
that bill aside for the day.
THE SECRETARY: In relation to
Calendar Number 1571, Senator Morahan moves to
5727
discharge, from the Committee on Rules,
Assembly Bill Number 10892 and substitute it
for the identical Senate Bill Number 8139,
Third Reading Calendar 1571.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1571, by the Assembly Committee on Rules,
Assembly Print Number 10892, an act to amend
the Executive Law, in relation to
commemorating.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1572, Senator Lack moves to
discharge, from the Committee on Rules,
5728
Assembly Bill Number 11368 and substitute it
for the identical Senate Bill Number 8143,
Third Reading Calendar 1572.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1572, by the Assembly Committee on Rules,
Assembly Print Number 11368, an act to amend a
chapter of the Laws of 2000 amending the Arts
and Cultural Affairs Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1573, by Senator Padavan, Senate Print 8153,
an act to amend the Real Property Tax Law, in
5729
relation to the definition.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All in favor
say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 8. This
act shall take effect on the same date as a
chapter of the Laws of 2000.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
5730
bill is passed.
Senator Bruno, that completes the
noncontroversial calendar.
SENATOR BRUNO: May we at this
time take up the controversial calendar.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1553, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 11402, an act to authorize the
conveyance of certain lands.
SENATOR CONNOR: I'd like to
request an explanation.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President,
this is Senator Goodman's bill, and he had to
be away from the chamber at this time.
This is a bill, according to the
brief description, which is an act to
authorize the conveyance of certain lands to
the Brooklyn Academy of Music. Simply stated.
ACTING PRESIDENT LIBOUS: Senator
Connor.
5731
SENATOR CONNOR: Mr. President,
the first time I've seen this bill is on this
calendar here. And being from Brooklyn, I
thought, why is Senator Goodman doing a
conveyance in Brooklyn? He doesn't represent
Brooklyn.
Because I read the bill. I
recognize Hanson Place. I recognize that's in
Senator Montgomery's district, just a couple
of blocks outside of my district.
And I appreciate the fact that
Senator Goodman can't be here for very good
reasons. But I really, really wonder, my
colleagues, what in the heck is the matter
with this place when a Senator is given a bill
and they notice it's not even in the county
they represent and it conveys a little plot of
land. Why shouldn't that be Senator
Montgomery's bill?
How would you all feel, how would
you all feel if you sat here and suddenly saw
Senator Goodman was reconveying a block of
land in your district to a not-for-profit
organization in your district?
It doesn't really make any sense.
5732
And frankly, frankly, it defies the traditions
of this house.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President,
not to prolong the discussion, but Senator
Goodman is in New York because his wife is
having minor surgery, and it may be major to
them.
He is chairman of the Arts Council,
as we all know. And if there is any
justification, it would be that as a matter of
the arts, they would go to him. Because there
are other bills that have been assigned to
Minority members when it's in their district
that have passed in this house.
So I would guess that they would go
to him because he is chairman of the Council
of Arts, and I suppose he inadvertently would
introduce it, trying to just create a
convenience for them.
I am sure there was no malice on
his part, and there is no malice on the part
of anyone else here in the chamber.
ACTING PRESIDENT LIBOUS: Senator
5733
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
I appreciate Senator Bruno's
statement. And I appreciate the fact that
particularly in the last couple of weeks, that
probably quite a number of bills passed
sponsored by Minority members, particularly
ones that deal with problems in their
district.
None of those bills were Senator
Montgomery's bill. She hasn't passed a bill
this year.
It just defies what's going on. I
guess it's really -- I don't know why Senator
Goodman wanted to do this to Senator
Montgomery, but he did.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5734
ACTING PRESIDENT LIBOUS: The
bill is passed.
The Secretary will continue to read
the controversial calendar.
THE SECRETARY: Calendar Number
1555, by Senator Farley, Senate Print 8058, an
act to amend the Public Health Law, in
relation to continuing.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
Farley, an explanation is asked for by Senator
Coppola.
SENATOR FARLEY: Senator Coppola,
this is a bill that passed last year at the
request of the Funeral Directors Association.
It was their number-one priority. It was
vetoed by the Governor. And this is a
three-way agreement, pretty much.
Basically what they've done is in
the veto message it said that there wasn't
enough fees to cover the cost of this
continuing education and supervising, et
cetera. So they raised the fee.
There seems to be -- there's no
5735
opposition by the funeral directors -- as a
matter of fact, it's their number-one and only
priority, the Funeral Directors Association.
And there seems to be no objection or
opposition in either house or anyplace that
I'm aware of.
ACTING PRESIDENT LIBOUS: Senator
Coppola.
SENATOR COPPOLA: Question for
the sponsor.
SENATOR FARLEY: Sure.
ACTING PRESIDENT LIBOUS: Senator
Farley, will you yield to Senator Coppola?
SENATOR FARLEY: Certainly.
ACTING PRESIDENT LIBOUS:
Senator, he will yield.
SENATOR COPPOLA: On the fee, who
pays the fee, the directors? Or is it passed
on to someone else, the fee that's -
SENATOR FARLEY: The funeral
directors pay the fee. They pay it through
their association and so forth.
SENATOR COPPOLA: And the funeral
directors have no problem with this?
SENATOR FARLEY: No, that's -
5736
they are the ones that asked for the bill,
that are supporting it.
SENATOR COPPOLA: Well, that's
why I wanted to get clarification for that,
because -
SENATOR FARLEY: I understand.
No, you would naturally, I think, be concerned
that you're putting a mandate on the funeral
directors.
This is what they want.
SENATOR COPPOLA: That's all I
wanted to know, Senator. Thank you.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
January.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
The Secretary will continue to
read.
5737
SENATOR CONNOR: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Connor.
SENATOR CONNOR: May I have
unanimous consent to correct the record a bit
on my remarks before?
Senator Montgomery asked Senator
Goodman to give her the bill, or at least let
her cosponsor it. And he refused. And it's
the second conveyance he's done of land in her
district.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1565, by Senator Kuhl, Senate Print 8122, an
act to amend the Social Services Law, in
relation to establishing.
ACTING PRESIDENT LIBOUS: Read
the last section.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
Kuhl, Senator Coppola is asking for an
explanation.
SENATOR KUHL: Senator Coppola,
5738
this is a bill that would allow for a pilot
project to be created for special needs people
in the four-county district in my Senate
district.
The counties have recognized that
with the current managed-care system, that
being that there are large urbanized HMOs,
that the same kind of quality of care is not
being provided to these special-needs people
in the district.
So what they have decided, after a
demonstration project, is that a better care
program can be set up through the use of the
counties. And this piece of legislation would
allow them to do that for a two-year period.
SENATOR COPPOLA: Thank you.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
5739
bill is passed.
THE SECRETARY: Calendar Number
1569, by the Senate Committee on Rules, Senate
Print Number 8134, an act to amend the Tax
Law, in relation to the additional tax.
SENATOR ONORATO: Explanation.
ACTING PRESIDENT LIBOUS: An
explanation is asked for.
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT LIBOUS: Lay
that bill aside temporarily.
Senator Bruno, that completes the
controversial reading of 57D.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up the noncontroversial
Supplemental Number 2 at this time.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
312, by Member of the Assembly Silver,
Assembly Print Number 9489, an act to amend
Chapter 890 of the Laws of 1982.
ACTING PRESIDENT LIBOUS: Read
5740
the last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
460, by Senator LaValle, Senate Print 2709B,
an act to amend the Education Law.
ACTING PRESIDENT LIBOUS: The
bill is high. Lay it aside.
THE SECRETARY: Calendar Number
468, by Member of the Assembly Pheffer,
Assembly Print Number 7248, an act to amend
the General Business Law, in relation to the
prepayment.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
5741
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Just for a
point of order, Mr. President. Could you
direct me as to which calendar we're operating
on?
ACTING PRESIDENT LIBOUS:
Senator, we are on supplemental calendar -
it's Supplemental Active List Number 2. Off
of the main calendar.
It's Calendar Number 57, Senator,
which is the main calendar. And it is the
Supplemental Number 2 Active List.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we at this time ask for a meeting of the
Rules Committee in Room 332.
ACTING PRESIDENT LIBOUS: There
will be an immediate meeting of the Rules
Committee in Room 332.
The Secretary will continue to read
the Supplemental Number 2 calendar.
THE SECRETARY: Calendar Number
5742
468, by Member of the Assembly Pheffer,
Assembly Print Number 7248, an act to amend
the General Business Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
636, by Senator Spano, Senate Print 4117B, an
act to amend the Workers' Compensation Law, in
relation to charges.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5743
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
909, by Senator Velella, Senate Print 3762A,
an act to amend the Administrative Code of the
City of New York, in relation to membership.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
920, by Senator Leibell, Senate Print 7444, an
act to amend the Retirement and Social
Security Law, in relation to disability.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
5744
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
931, by Member of the Assembly Destito,
substituted earlier today, Assembly Print
Number 9460, an act to amend the Agriculture
and Markets Law, in relation to creating.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read the last
section.
THE SECRETARY: Section 3. This
act shall take effect April 1, 2001.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
935, by Senator Hoffmann, Senate Print 7121,
an act to amend the Agriculture and Markets
5745
Law, in relation to the definition of farm
operation.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
970, by Senator Lack, Senate Print 5957, an
act to amend the Estates, Powers and Trusts
Law, in relation to enacting.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
5746
bill is passed.
THE SECRETARY: Calendar Number
1042, by Senator A. Smith, Senate Print 5953A,
an act directing the Department of State.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1068, by Senator Skelos, Senate Print 6931, an
act to amend the Public Officers Law, in
relation to the residency.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
5747
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1174, by Senator LaValle, Senate Print 7315,
an act to amend the Education Law, in relation
to citizenship.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall -
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT LIBOUS: We're
on the noncontroversial, Senator. Would you
like to lay that bill aside?
SENATOR COPPOLA: Well, since
it's the last bill -
ACTING PRESIDENT LIBOUS: It's
not the last bill, Senator. We will lay it
aside.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1189, by Senator Mendez, Senate Print 6828, an
5748
act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1212, by the Assembly Committee on Rules,
Assembly Print Number 11223A, an act to amend
the General Municipal Law, in relation to
governing body.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
5749
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1441, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8834A, an act to amend the Education
Law, the State Finance Law, and the Tax Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1444, by Senator Oppenheimer, Senate Print
4236B, an act authorizing the City of Rye,
Westchester County.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
5750
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Paterson.
SENATOR PATERSON: Mr. President,
with unanimous consent, may I be recorded in
the negative on Calendar Number 1212.
ACTING PRESIDENT LIBOUS: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1451, by Senator Stachowski, Senate Print
6287, an act to amend the Vehicle and Traffic
Law, in relation to the right-of-way.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
5751
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1494, by Senator Padavan, Senate Print 8029,
an act to amend the Real Property Tax Law, in
relation to the determination.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno, that completes the
noncontroversial reading of Supplemental
Number 2.
SENATOR BRUNO: Can we at this
time take up the controversial reading of that
same calendar.
5752
ACTING PRESIDENT LIBOUS: The
Secretary will read.
THE SECRETARY: Calendar Number
1174, by Senator LaValle, Senate Print 7315,
an act to amend the Education Law, in relation
to citizenship or immigration status.
SENATOR COPPOLA: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
LaValle, Senator Coppola is asking for an
explanation, sir.
SENATOR LAVALLE: Senator
Coppola, some of the chain pharmacies are
having a problem with pharmacists. And there
are some pharmacists that are working in this
country, and this bill would give them a
one-time three-year waiver while they -
because they're applying for citizenship while
they are here under a limited permit.
So this would give the Board of
Regents and the Pharmacy Board an opportunity
to give them a one-time three-year waiver.
What we've also done in this bill
is to ask for a study so that we can, if this
comes before us if we need another extension,
5753
I will or whoever has the sponsorship of the
bill will be able to tell this body the number
of people that we have in this state under
waiver, the number of pharmacists that we need
to fill gaps in our pharmacies throughout the
state.
SENATOR COPPOLA: Thank you,
Senator.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect October 1, 2000.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, Mr.
President. I would request unanimous consent
to be recorded in the negative on Calendar
Number 1212, Senate Bill 7893A.
ACTING PRESIDENT LIBOUS: Senator
Schneiderman in the negative on 1212, without
5754
objection.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1569.
ACTING PRESIDENT LIBOUS:
Calendar Number 1569.
The Secretary will read.
THE SECRETARY: Calendar Number
1569, by the Senate Committee on Rules, Senate
Print Number 8134, an act to amend the Tax
Law, in relation to the additional tax.
SENATOR ONORATO: Explanation.
ACTING PRESIDENT LIBOUS: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
at the present time the city is authorized to
impose a 14 percent personal income tax
surcharge.
SENATOR ONORATO: Senator, I
can't hear you.
SENATOR STAFFORD: At the present
time, the city is authorized to impose a
14 percent personal income tax surcharge, that
they can do that until the end of 2001.
5755
This bill will allow them to reduce
it and to eliminate it before that time.
ACTING PRESIDENT LIBOUS:
Senator Onorato.
SENATOR ONORATO: Senator, would
you yield to a question, please?
ACTING PRESIDENT LIBOUS: Senator
Stafford, do you yield?
SENATOR STAFFORD: Yes.
ACTING PRESIDENT LIBOUS: Yes, he
will, Senator.
SENATOR ONORATO: From your brief
explanation, I take it that there will not be
a tax increase on the personal income tax;
this will, in fact, decrease the tax.
SENATOR STAFFORD: Exactly.
SENATOR ONORATO: Thank you.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5756
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Can we call up
Calendar Number 390.
ACTING PRESIDENT LIBOUS:
Calendar Number 390.
The Secretary will read.
SENATOR BRUNO: And we'll ask to
lay it aside for the day.
ACTING PRESIDENT LIBOUS: Senator
Duane, we will recognize you in a second.
THE SECRETARY: Calendar Number
390, by Senator Alesi, Senate Print 6232B, an
act to amend the General Obligations Law.
ACTING PRESIDENT LIBOUS: The
message was accepted earlier today, and the
bill is laid aside.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. If I could receive unanimous
consent to vote in the negative on Calendar
Number 1212.
ACTING PRESIDENT LIBOUS: Senator
Duane in the negative on Calendar Number 1212,
5757
without objection.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Yes, Mr.
President, thank you. I rise to request
unanimous consent on Calendar Number 1212 to
be recorded in the negative.
ACTING PRESIDENT LIBOUS: Senator
Smith, also on Calendar 1212, to be recorded
in the negative, without objection.
SENATOR MALCOLM SMITH: Thank
you.
ACTING PRESIDENT LIBOUS: Senator
Onorato.
SENATOR ONORATO: Mr. President,
I would like unanimous consent to be recorded
in the negative on Calendar Number 1212.
ACTING PRESIDENT LIBOUS:
Senator Onorato in the negative on Calendar
1212, without objection.
Senator Mendez.
SENATOR MENDEZ: Mr. President,
there will be an immediate Minority conference
in Room 314.
ACTING PRESIDENT LIBOUS: After
the Rules report, I believe.
5758
SENATOR MENDEZ: Yes.
ACTING PRESIDENT LIBOUS: After
the Rules report, there will be a Minority
conference immediately following the Rules
report. In Room 314, for those of you who are
unfamiliar with the room.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: No reason.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we return to the reports of standing
committees. I believe there's a report from
the Rules Committee at the desk. I ask that
it be read at this time.
ACTING PRESIDENT LIBOUS: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 28A, by Senator
LaValle, an act to amend the Education Law;
2572, by Senator DeFrancisco, an
act to amend the Alcoholic Beverage Control
5759
Law;
3081C, by Senator Johnson, an act
to amend the Vehicle and Traffic Law;
4086A, by Senator Nozzolio, an act
to authorize;
4936B, by Senator Spano, an act to
amend the Public Health Law;
5480B, by Senator Leibell, an act
to amend the Retirement and Social Security
Law;
5601A, by Senator Saland, an act to
amend the Social Services Law and others;
6141, by Senator Morahan, an act to
amend the Education Law;
6364, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
6577B, by Senator Morahan, an act
to amend the Real Property Tax Law;
6692, by the Senate Committee on
Rules, an act in relation to authorizing;
6874, by Senator Fuschillo, an act
to amend the State Finance Law;
7056, by Senator Morahan, an act to
amend the Retirement and Social Security Law;
5760
7079B, by Senator Marchi, an act to
amend the Business Corporation Law and others;
7257A, by Senator Skelos, an act to
authorize the state and local employees'
retirement system;
7349, by Senator Balboni, an act to
amend the Town Law;
7453, by Senator Larkin, an act to
amend the General Municipal Law;
7545, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
8039, by Senator McGee, an act to
reopen the special retirement plan;
8059, by Senator Padavan, an act to
amend the Private Housing Finance Law;
8060, by Senator Bruno, an act
authorizing Victor T. Greco;
8097A, by the Senate Committee on
Rules, an act to amend the Alcoholic Beverage
Control Law;
8126, by the Senate Committee on
Rules, an act to amend the Public Health Law;
8138, by the Senate Committee on
Rules, an act to amend the Insurance Law;
8152A, by Senator Lack, an act to
5761
amend the Judiciary Law and the Uniform City
Court Act;
8163, by Senator Rath, an act to
amend the Executive Law;
8166, by Senator Padavan, an act to
amend the General City Law and the
Administrative Code of the City of New York;
8173, by the Senate Committee on
Rules, an act to amend the Tax Law;
8174, by Senator Volker, an act to
amend a chapter of the Laws of 2000;
8176, by the Senate Committee on
Rules, an act to amend the Workers'
Compensation Law;
8177, by Senator Fuschillo, an act
to amend the Public Health Law;
8180, by Senator Velella, an act to
amend the Retirement and Social Security Law;
8181, by Senator Padavan, an act to
amend the Executive Law;
1882, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
8185, by the Senate Committee on
Rules, an act to amend the Public Health Law
and others;
5762
And 8165, by Senator Padavan, an
act to amend the General City Law and others.
All bills ordered direct to third
reading.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Move to accept.
ACTING PRESIDENT LIBOUS: All in
favor, say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
Rules report is accepted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time ask for a very short
conference with the Majority.
It's my understanding that the
Minority wishes to conference at this time.
And I would defer to Senator Paterson for that
purpose.
ACTING PRESIDENT LIBOUS: There
will be a very short conference of the
5763
Majority at this time in Room 332.
Senator Paterson.
SENATOR PATERSON: I concur with
the Majority Leader.
ACTING PRESIDENT LIBOUS: Senator
Paterson concurs with the Majority Leader.
The Senate stands at ease.
(Whereupon, the Senate stood at
ease at 9:20 p.m.)
(Whereupon, the Senate reconvened
at 10:00 p.m.)
ACTING PRESIDENT LIBOUS: Senator
Bruno.
The Senate will come to order.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1610.
ACTING PRESIDENT LIBOUS:
Calendar Number 1610.
The Secretary will read.
THE SECRETARY: Calendar Number
1610, by Senator Velella, Senate Print 8180,
an act to amend the Retirement and Social
Security Law and others, in relation to
providing.
ACTING PRESIDENT LIBOUS: Senator
5764
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor, say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up the Supplemental Calendar 57E.
E. E.
5765
ACTING PRESIDENT LIBOUS:
Supplemental Calendar E, noncontroversial.
Calendar E.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1577, Senator DeFrancisco
moves to discharge, from the Committee on
Rules, Assembly Bill Number 1166 and
substitute it for the identical Senate bill
Number 2572, Third Reading Calendar 1577.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1577, by Member of the Assembly Schimminger,
Assembly Print Number 1166, an act to amend
the Alcoholic Beverage Control Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5766
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1578, by Senator Johnson, Senate Print 3081C,
an act to amend the Vehicle and Traffic Law,
in relation to driving restrictions.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect 180 days.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1579, by Senator Nozzolio, Senate Print 4086A,
an act to authorize William DeFisher to apply
for retroactive membership.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
5767
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1580, Senator Spano moves to
discharge, from the Committee on Health,
Assembly Bill Number 7144C and substitute it
for the identical Senate Bill Number 4936B,
Third Reading Calendar 1580.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1580, by Member of the Assembly McLaughlin,
Assembly Print Number 7144C, an act to amend
the Public Health Law.
SENATOR BRESLIN: Lay the bill
aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1581, by Senator Leibell, Senate Print 5480B,
5768
an act to amend the Retirement and Social
Security Law, in relation to service credit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1582, by Senator Saland, Senate Print 5601A,
an act to amend the Social Services Law and
others.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1583, by Senator Morahan, Senate Print 6141,
an act to amend the Education Law, in relation
to certain BOCES programs.
ACTING PRESIDENT LIBOUS: Read
5769
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1584, by Senator Maltese, Senate Print 6364,
an act to amend the Administrative Code of the
City of New York, in relation to calculating.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
5770
THE SECRETARY: In relation to
Calendar Number 1585, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9548A and substitute it
for the identical Senate Bill Number 6577B,
Third Reading Calendar 1585.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1585, by Member of the Assembly Colman,
Assembly Print Number 9548A, an act to amend
the Real Property Tax Law, in relation to
notice.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
5771
Calendar Number 1586, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8160A and substitute it
for the identical Senate Bill Number 6692,
Third Reading Calendar 1586.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1586, by the Assembly Committee on Rules,
Assembly Print Number 8160A, an act in
relation to authorizing the City of New York.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 30th day.
ACTING PRESIDENT LIBOUS: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Just briefly
to explain my vote.
I'm pleased to see that General
Grant's National Memorial will get attention
under this bill.
I would just tell everyone that I'm
5772
reading a fascinating book called "The Last
Measure," which is the story of Ulysses
Grant's campaigns as a Union general between
July of '64 and the end of the war. It is
absolutely riveting that a guy who was
basically a broke store clerk when the battle
of Fort Sumter occurred became America's most
famous and most successful general.
It's only fitting that we should
honor General Grant with this memorial and
improving its quality.
Thank you, Mr. President. I vote
aye.
ACTING PRESIDENT LIBOUS:
Results.
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1587, Senator Fuschillo moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9553 and substitute it
for the identical Senate Bill Number 6874,
Third Reading Calendar 1587.
ACTING PRESIDENT LIBOUS:
5773
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1587, by Member of the Assembly Englebright,
Assembly Print Number 9553, an act to amend
the State Finance Law, in relation to
appropriation.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1588, Senator Morahan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5647B and substitute it
for the identical Senate Bill Number 7056,
Third Reading Calendar 1588.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
5774
The Secretary will read.
THE SECRETARY: Calendar Number
1588, by Member of the Assembly Gromack,
Assembly Print Number 5647B, an act to amend
the Retirement and Social Security Law, in
relation to retirement.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect January 1, 2001.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1589, by Senator Marchi, Senate Print 7079B,
an act to amend the Business Corporation Law
and others, in relation to making technical
corrections.
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity at the
desk.
5775
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All in
favor, aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect January 1, 2001.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1590, Senator Skelos moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9791A and substitute it
for the identical Senate Bill Number 7257A,
5776
Third Reading Calendar 1590.
ACTING PRESIDENT LIBOUS:
Substitution is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1590, by Member of the Assembly Weisenberg,
Assembly Print Number 9791A, an act to
authorize the state and local employees'
retirement system.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1591, Senator Balboni moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9921 and substitute it
for the identical Senate Bill Number 7349,
Third Reading Calendar 1591.
5777
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1591, by Member of the Assembly DiNapoli,
Assembly Print Number 9921, an act to amend
the Town Law, in relation to compensation.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
December.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1592, by Senator Larkin, Senate Print 7453, an
act to amend the General Municipal Law, in
relation to reconstituting.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
5778
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1593, by Senator Leibell, Senate Print 7545,
an act to amend the Retirement and Social
Security Law, in relation to refunding.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect December 15, 2000.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1595, by Senator McGee, Senate Print 8039, an
act to reopen the special retirement plan to
5779
Stephen P. Fardink.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1596, by Senator Padavan, Senate Print 8059,
an act to amend the Private Housing Finance
Law, in relation to advances.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
5780
bill is passed.
THE SECRETARY: Calendar Number
1597, by Senator Bruno, Senate Print 8060, an
act authorizing Victor T. Greco to file for
retroactive membership.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1598, by the Senate Committee on Rules, Senate
Print Number 8097A, an act to amend the
Alcoholic Beverage Control Law, in relation to
the sale of alcoholic beverages.
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity.
SENATOR BRUNO: Move to accept.
ACTING PRESIDENT LIBOUS: Move
the message. All in favor, aye.
5781
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1600, by the Senate Committee on Rules, Senate
Print Number 8126, an act to amend the Public
Health Law, in relation to the regulation of
sharps.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the same date as a
chapter of the Laws of 2000.
5782
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1601, by the Senate Committee on Rules, Senate
Print 8138, an act to amend the Insurance Law
and Chapter 266 of the Laws of 1986.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1603, by Senator Rath, Senate Print 8163, an
act to amend the Executive Law, in relation to
establishing a DNA identification index.
SENATOR BRUNO: Is there a
5783
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
November.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1604, by Senator Padavan, Senate Print -
5784
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1605, by -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
THE SECRETARY: Calendar Number
1606, by the Senate Committee on Rules, Senate
Print 8173, an act to amend the Tax Law, in
relation to hotel and motel taxes.
SENATOR BRUNO: Lay it aside for
the day.
ACTING PRESIDENT LIBOUS: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1607, by Senator Volker, Senate Print 8174, an
act to amend a chapter of the Laws of 2000, as
proposed in Legislative Bill Number S6590B.
ACTING PRESIDENT LIBOUS: That
bill is high. We'll lay it aside.
The Secretary will read.
THE SECRETARY: Calendar Number
5785
1608, by the Senate Committee on Rules, Senate
Print 8176, an act to amend the Workers'
Compensation Law, in relation to the
investment.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5786
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1609, by Senator Fuschillo, Senate Print 8177,
an act to amend the Public Health Law, in
relation to the shipment of cigarettes.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is, Senator.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect on the 90th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
5787
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1611, by Senator Padavan, Senate Print 8181,
an act to -
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT LIBOUS: Lay
that bill aside temporarily.
THE SECRETARY: Calendar Number
1612, by Senator Leibell, Senate Print 8182,
an act to amend the Retirement and Social
Security Law, in relation to clarifying.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is, Senator Bruno.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
5788
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
We'll read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
That completes the noncontroversial
reading, Senator Bruno, of Supplemental
Calendar 57E.
SENATOR BRUNO: Mr. President, at
this time can we take up the controversial
reading of the calendar.
ACTING PRESIDENT LIBOUS:
Controversial on 57E.
The Secretary will read.
THE SECRETARY: Calendar Number
1580, substituted earlier today by Member of
the Assembly McLaughlin, Assembly Print Number
5789
7144C, an act to amend the Public Health Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: May I have
unanimous consent to be recorded in the
negative on Bill Number 7930A, Calendar Number
1485, that was passed earlier today.
ACTING PRESIDENT LIBOUS: Without
objection.
The Secretary will read.
THE SECRETARY: Calendar Number
1582, by Senator Saland, Senate Print 5601A,
an act to amend the Social Services Law and
others, in relation to child support
enforcement.
ACTING PRESIDENT LIBOUS: Read
5790
the last section.
THE SECRETARY: Section 62. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1604, by Senator Padavan, Senate Print 8165,
an act to amend the General City Law, the Tax
Law, and the Administrative Code of the City
of New York.
ACTING PRESIDENT LIBOUS: Excuse
me. Can we have a little order in the
chamber. Everybody is getting a little
restless. We need to move forward.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: There
is a message at the desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
5791
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 64. This
act shall take effect November 1, 2000.
ACTING PRESIDENT LIBOUS: Call
the roll.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
Senator Paterson, that bill is
already laid aside.
SENATOR PATERSON: Mr. President,
may I have an explanation on that bill,
please.
ACTING PRESIDENT LIBOUS: Senator
Paterson asked for an explanation on the bill,
Senator Padavan.
SENATOR PADAVAN: Thank you, Mr.
President.
5792
This bill deals with the energy
cost-saving program that currently exists in
the City of New York. It makes a number of
changes technical in nature, significant in
others, that will enhance the effectiveness of
this program as it promotes economic
development and other positive gains for
business opportunities in the City of New
York, particularly in the area of Lower
Manhattan.
There is a four-page memo from the
City of New York which goes into great detail.
Suffice it to say -- you must have a copy of
it, Senator Paterson. Do you?
In any event, I'd be happy to
answer any specific questions, having just
laid a general outline of what we're dealing
with here.
ACTING PRESIDENT LIBOUS: Senator
Paterson.
SENATOR PATERSON: Mr. President,
could I have a moment on that bill? Yeah,
that's all I need is a moment.
SENATOR PADAVAN: This is an
extender of a program that relates to the City
5793
of New York.
SENATOR CONNOR: Citywide?
SENATOR PADAVAN: Citywide.
SENATOR CONNOR: Thank you.
Explanation satisfactory.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 64, this
act shall take effect November 1, 2000.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1605, by Senator Padavan, Senate Print 8166,
an act to amend the General City Law and the
Administrative Code of the City of New York.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
there is a message.
SENATOR BRUNO: Move to accept
the message.
5794
ACTING PRESIDENT LIBOUS: The
motion is to accept the message. All in favor
indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator DeFrancisco, why do you
rise?
SENATOR DeFRANCISCO: I beg the
indulgence of the house. I just voted no on
the wrong bill.
ACTING PRESIDENT LIBOUS: Would
you like to correct that, sir?
5795
SENATOR DeFRANCISCO: I would
like unanimous consent to be recorded in the
affirmative on 1485, Senate Print 7930A, and
consent to be recorded in the negative on
Calendar Number 1549, Senate 6672D.
And I want to thank Senator Morahan
for the advice.
ACTING PRESIDENT LIBOUS: Without
objection.
Senator Bruno.
SENATOR BRUNO: Can we ask for an
immediate meeting of the Rules Committee in
Room 332.
ACTING PRESIDENT LIBOUS: There
will be an immediate meeting of the Rules
Committee in Room 332.
Could we have some order in the
chamber. Order in the chamber.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1611, Senator Padavan moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11162A and substitute it
for the identical Senate Bill Number 8181,
Third Reading Calendar 1611.
5796
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary shall read.
THE SECRETARY: Calendar Number
1611, by the Assembly Committee on Rules,
Assembly Print Number 11162A, an act to amend
the Executive Law, in relation to
establishing.
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
We'll read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT LIBOUS: Call
5797
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
SENATOR BRUNO: Mr. President, I
ask we at this time if we can go to the
regular calendar and call up Number 744.
ACTING PRESIDENT LIBOUS: Regular
calendar, Number 744.
The Secretary will read.
THE SECRETARY: Calendar Number
744, by Senator Leibell, Senate Print 7530A,
an act to amend the Retirement and Social
Security Law, in relation to granting members.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
5798
Senator Bruno.
SENATOR BRUNO: Mr. President,
Calendar Number 665.
ACTING PRESIDENT LIBOUS:
Calendar Number 665.
The Secretary shall read.
THE SECRETARY: Calendar Number
665, by the Assembly Committee on Rules,
Assembly Print Number 9008A, an act to amend
the Correction Law, in relation to custody and
supervision.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
The Secretary will read Calendar
665.
THE SECRETARY: Calendar Number
665, by the Assembly Committee on Rules,
Assembly Print Number 9008A, an act to amend
the Correction Law.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT LIBOUS: Senator
Duane is requesting an explanation, Senator
5799
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
This measure ensures that the
correctional system in the state remain in the
hands of those who are most competent to
entrust it to. This measure prevents the
privatization of the security function of
prisons.
SENATOR DUANE: Explanation
satisfactory.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up Calendar Number 908.
ACTING PRESIDENT LIBOUS:
5800
Calendar Number 908.
The Secretary will read.
THE SECRETARY: Calendar Number
908, by Member of the Assembly Harenberg,
Assembly Print 6903B, an act to amend the
Retirement and Social Security Law, in
relation to providing.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President. On behalf of Senator Alesi, I wish
to call up Print Number 97, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT LIBOUS: The
Secretary will read.
5801
THE SECRETARY: Calendar Number
862, by Senator Alesi, Senate Print 97, an act
to amend the Executive Law.
SENATOR NOZZOLIO: Mr. President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
SENATOR NOZZOLIO: I now offer
the following amendments.
ACTING PRESIDENT LIBOUS:
Amendments received.
Senator Onorato, why do you rise?
SENATOR ONORATO: Mr. President,
will Senator Bruno call up my bill, S492,
that's been languishing in committee for two
months.
(Laughter.)
SENATOR ONORATO: Thank you, Mr.
President.
ACTING PRESIDENT LIBOUS: We're
waiting for the Rules report, so the Senate
5802
will be at ease just temporarily.
(Whereupon, the Senate stood at
ease at 10:34 p.m.)
(Whereupon, the Senate reconvened
at 10:35 p.m.)
ACTING PRESIDENT LIBOUS: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. With unanimous consent, I'd like
to be recorded in the negative on Calendar
Number 1582.
ACTING PRESIDENT LIBOUS: Senator
Duane in the negative on Calendar 1582,
without objection.
SENATOR BRUNO: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President, I
believe, if we can return to the reports of
standing committees, that there is a report of
the Rules Committee at the desk. And I would
ask that it be read at this time.
ACTING PRESIDENT LIBOUS: Return
to the reports of standing committees, and we
will read the Rules report.
5803
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 768A, by Senator
Maltese, an act to amend the Retirement and
Social Security Law;
1652C, by Senator Seward, an act to
amend the Education Law;
5760A, by Senator Goodman, an act
to amend the Administrative Code of the City
of New York;
6935, by Senator Marcellino, an act
to amend the Labor Law;
7068, by Senator Padavan, an act to
amend the General City Law and others;
7302, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
7981A, by Senator Libous, an act to
enact the Mental Health Special Needs Plan
Reauthorization Act of 2000;
Senate Print 8079, by Senator
Meier, an act to amend the Social Services
Law;
8129, by Senator Leibell, an act to
5804
amend the Retirement and Social Security Law
and the Education Law;
8130, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
8131, by Senator Leibell, an act to
amend the Retirement and Social Security Law;
4301, by Senator Maltese, an act to
amend the Administrative Code of the City of
New York;
4350A, by Senator Leibell, an act
to amend Chapter 422 of the Laws of 1991;
6366, by Senator Velella, an act to
authorize retroactive membership;
7720A, by Senator Velella, an act
to allow Adelaide Peduzzi;
7979, by the Senate Committee on
Rules, an act to amend the Administrative Code
of the City of New York;
8031, by Senator Johnson, an act to
require the Department of Environmental
Conservation;
8072, by Senator Breslin, an act
authorizing William P. Soronen, Jr.;
8107A, by Senator Hannon, an act to
amend the Public Health Law and the Social
5805
Services Law;
8179, by the Senate Committee on
Rules, an act authorizing the state
comptroller to withhold;
8186, by Senator Goodman, an act to
amend the Penal Law;
8183, by Senator Leibell, an act to
amend the Civil Service Law and the State
Finance Law;
492, by Senator Onorato, an act to
amend the Labor Law;
8188, by Senator Leibell, an act to
amend the Civil Service Law and the State
Finance Law;
7500A, by Senator Alesi, an act to
amend the Retirement and Social Security Law;
6428, by Senator Saland, an act to
authorize Thomas F. Salmon;
7884A, by Senator Kuhl, an act to
amend the Education Law;
8055, by Senator Leibell, an act to
amend the Public Lands Law;
And 8119, by the Senate Committee
on Rules, an act to amend the General
Municipal Law.
5806
All bills ordered direct to third
reading.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Move to accept
the report of Rules Committee.
ACTING PRESIDENT LIBOUS: The
motion is to accept the report of the Rules
Committee. All in favor, aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
Rules Committee report is accepted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to motion and resolutions. I
believe that there are four resolutions at the
desk. I would ask that they be read in title
and move for their immediate adoption.
ACTING PRESIDENT LIBOUS: The
Senate will return to motions and resolutions.
And the Secretary will read.
THE SECRETARY: By Senator Bruno,
5807
Concurrent Resolution of the Senate and
Assembly 4851, authorizing the Temporary
President of the Senate and the Speaker of the
Assembly to file an election to make certain
officers and employees of joint legislative
employers eligible for the retirement
incentive offered by Chapter 41 of the Laws of
1997, extended by a chapter of the Laws of
2000, as proposed in Legislative Bill Numbers
S8110 and A10873A.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
resolution is adopted.
The Secretary shall read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 4852, authorizing the
Temporary President of the Senate to file the
election required to allow employees of the
Senate and components of the Senate to be
eligibility for the retirement incentive
offered by Chapter 41 of the Laws of 1997, as
5808
extended by a chapter of the Laws of 2000, as
proposed in Legislative Bill Numbers S8110 and
A10873A.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Concurrent Resolution of the Senate and
Assembly Number 4853, authorizing the
Temporary President of the Senate and the
Speaker of the Assembly to file an election to
make certain officers and employees of joint
legislative employers eligible for benefit
enhancements as provided by a chapter of the
Laws of 2000, as proposed in Legislative Bill
Numbers S8142 and A11418.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
5809
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
resolution is adopted.
The Secretary will read.
THE SECRETARY: By Senator Bruno,
Senate Resolution Number 4854, authorizing the
Temporary President of the Senate to file the
election required to allow employees of the
Senate and components of the Senate to be
eligible for benefit enhancements as provided
by a chapter of the Laws of 2000, as proposed
in Legislative Bill Numbers S8142 and A11418
amending the Retirement and Social Security
Law, relating to providing benefit
enhancements.
ACTING PRESIDENT LIBOUS: Call
the roll on the resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
believe that there is a resolution at the desk
by Senator LaValle. I ask that the title be
5810
read and move for its immediate adoption.
ACTING PRESIDENT LIBOUS: The
Secretary will read the resolution by Senator
LaValle.
THE SECRETARY: Legislative
Resolution Number 4855, by Senators LaValle
and Bruno, commemorating the life of Mike Van
Ryn for his many years of dedicated service to
the citizens of the State of New York.
ACTING PRESIDENT LIBOUS: On the
resolution, all in favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Mr. President,
please call up Calendar Number 470.
ACTING PRESIDENT LIBOUS:
Calendar Number 470.
The Secretary will read.
THE SECRETARY: Calendar Number
470, substituted earlier today by Member of
5811
the Assembly DiNapoli, Assembly Print Number
9675A, an act to amend the General Business
Law, in relation to warranties.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
SENATOR BRUNO: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 1614.
ACTING PRESIDENT LIBOUS:
Calendar Number 1614.
The Secretary will read.
THE SECRETARY: Calendar Number
1614, by the Senate Committee on Rules, Senate
Print 8185, an act to amend the Public Health
5812
Law, the Social Services Law, the Insurance
Law, the Workers' Compensation Law, and
Chapter 1 of the Laws of 1999, relating to the
New York Health Care Reform Act of 2000.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: Move we accept
that message of necessity.
ACTING PRESIDENT LIBOUS: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 70. This
act shall take effect -
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT LIBOUS: Lay
5813
that bill aside.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, could we have an explanation of
that bill now?
ACTING PRESIDENT LIBOUS: Senator
Dollinger is requesting an explanation.
Senator Hannon, Senator Dollinger
is requesting an explanation, sir.
SENATOR HANNON: This is a series
of technical changes to the HCRA statute that
was passed in December of 1999, and necessary
to make sure that lengthy bill is correct and
that the monies that were set forth therein
are flowed to the appropriate accounts.
SENATOR DOLLINGER: No objection.
Read the last section.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 70. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
5814
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we take up the noncontroversial
Supplemental Calendar 57F.
ACTING PRESIDENT LIBOUS: We will
take up the noncontroversial Supplemental
Calendar 57F.
The Secretary will read.
THE SECRETARY: In relation to
Calendar Number 1566, Senator Onorato moves to
discharge, from the Committee on Labor,
Assembly Bill Number 4779 and substitute it
for the identical Senate Bill Number 492,
Third Reading Calendar 1566.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1566, by Member of the Assembly Butler,
Assembly Print Number 4779, an act to amend
the Labor Law, in relation to contents.
ACTING PRESIDENT LIBOUS: Read
the last section.
5815
THE SECRETARY: Section 3. This
act shall take effect in one year.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Farley recorded in the negative.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1594, by Senator Johnson, Senate Print 8031 -
SENATOR BRUNO: Lay it aside.
ACTING PRESIDENT LIBOUS: Lay
that bill aside.
SENATOR BRUNO: For the day.
ACTING PRESIDENT LIBOUS: For the
day.
THE SECRETARY: Calendar Number
1613, by Senator Leibell, Senate Print 8183,
an act to amend the Civil Service Law and the
State Finance Law, in relation to
compensation.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Yes,
5816
Senator Bruno, there is a message of necessity
at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT LIBOUS: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1615, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 11131 and substitute it
5817
for the identical Senate Bill Number 7979,
Third Reading Calendar 1615.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1615, by the Assembly Committee on Rules,
Assembly Print Number 11131, an act to amend
the Administrative Code of the City of New
York.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1616, by Senator Leibell, Senate Print 4350A,
an act to amend Chapter 422 of the Laws of
1991 relating to prior service credit.
ACTING PRESIDENT LIBOUS: Read
5818
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1617, by Senator Maltese, Senate Print 4301,
an act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT LIBOUS: Read
the last section.
SENATOR BRUNO: Lay it aside for
the day. There is no home rule message.
ACTING PRESIDENT LIBOUS: Lay
that bill aside for the day. There is not a
home rule message.
THE SECRETARY: In relation to
Calendar Number 1618, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9378 and substitute it
for the identical Senate Bill Number 6366,
5819
Third Reading Calendar 1618.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1618, by Member of the Assembly Hochberg,
Assembly Print Number 9378, an act to
authorize retroactive membership.
ACTING PRESIDENT LIBOUS: 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 LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
1599. The Secretary will read.
THE SECRETARY: Calendar Number
1599, substituted earlier today by Member of
the Assembly Abbate, Assembly Print Number
1284A, an act to amend the Retirement and
Social Security Law.
5820
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1619, by Senator Velella, Senate Print 7720A,
an act to allow Adelaide Peduzzi to recover
past service credit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
5821
bill is passed.
THE SECRETARY: Calendar Number
1620, by Senator Breslin, Senate Print 8072,
an act authorizing William P. Soronen, Jr., to
file for retroactive membership.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1621, by Senator Seward, Senate Print 1652C,
an act to amend the Education Law, in relation
to creating the profession of medical physics.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT LIBOUS: Call
5822
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1622, Senator Goodman moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6742A and substitute it
for the identical Senate Bill Number 5760A,
Third Reading Calendar 1622.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1622, by Member of the Assembly Vitaliano,
Assembly Print Number 6742A, an act to amend
the Administrative Code of the City of New
York and the Retirement and Social Security
Law.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5823
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1623, by Senator Saland, Senate Print 6428, an
act to authorize Thomas F. Salmon to transfer
certain prior service credit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1624, by Senator Marcellino, Senate Print
6935, an act to amend the Labor Law, in
relation to records.
ACTING PRESIDENT LIBOUS: Read
5824
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1625, by Senator Padavan, Senate Print 7068,
an act to amend the General City Law and
others.
SENATOR BRUNO: Please recommit
it to the Committee on Rules.
ACTING PRESIDENT LIBOUS: So
ordered.
THE SECRETARY: In relation to
Calendar Number 1626, Senator Leibell moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10797 and substitute it
for the identical Senate Bill Number 7302,
Third Reading Calendar 1626.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
5825
The Secretary will read.
THE SECRETARY: Calendar Number
1626, by the Assembly Committee on Rules,
Assembly Print Number 10797, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1627, by Senator Alesi, Senate Print 7500A, an
act to amend the Retirement and Social
Security Law, in relation to retirement.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: There
is a home rule message at the desk.
5826
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: And the
bill is passed.
THE SECRETARY: Calendar Number
1628, by Senator Kuhl, Senate Print 7884A, an
act to amend the Education Law, in relation to
ensuring.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect on the 180th day.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1629, by Senator Libous, Senate Print 7981A,
5827
an act to enact -
SENATOR DUANE: Lay it aside,
please.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT LIBOUS: We'll
lay that bill aside.
THE SECRETARY: Calendar Number
1630, by Senator Leibell, Senate Print 8055,
an act to amend the Public Lands Law, in
relation to the payment of state aid.
ACTING PRESIDENT LIBOUS: There
is a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: In relation to
Calendar Number 1631, Senator Meier moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8475A and substitute it
5828
for the identical Senate Bill Number 8079,
Third Reading Calendar, 1631.
ACTING PRESIDENT LIBOUS:
Substitution ordered.
The Secretary shall read.
THE SECRETARY: Calendar Number
1631, by the Assembly Committee on Rules,
Assembly Print Number 8475A, an act to amend
the Social Services Law, in relation to
clarifying.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect in 60 days.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1632, by Senator Hannon, Senate Print 8107A,
an act to amend the Public Health Law and the
Social Services Law, in relation to
authorizing Helen Hayes Hospital.
5829
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: And I would move
that we accept that message of necessity.
ACTING PRESIDENT LIBOUS: All in
favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
We'll read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
5830
1633, by the Senate Committee on Rules, Senate
Print Number 8119 -
SENATOR PATERSON: Lay it aside.
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT LIBOUS: Lay
that bill aside temporarily.
THE SECRETARY: Calendar Number
1634, by Senator Leibell, Senate Print 8129,
an act to amend the Retirement and Social
Security Law and the Education Law, in
relation to credit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1635, by Senator Leibell, Senate Print 8130,
an act to amend the Retirement and Social
5831
Security Law, in relation to member benefit.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1636, by Senator Leibell, Senate Print 8131,
an act to amend the Retirement and Social
Security Law, in relation to death benefits.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: And the
bill is passed.
5832
THE SECRETARY: Calendar Number
1637, by the Senate Committee on Rules, Senate
Print Number 8179, an act authorizing the
state comptroller.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message of necessity at the
desk.
SENATOR BRUNO: I would move that
we accept the message.
ACTING PRESIDENT LIBOUS: All in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
5833
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1638, by Senator Goodman, Senate Print 8186,
an act to amend the Penal Law, in relation to
prohibiting and penalizing identity theft.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message at the desk.
SENATOR BRUNO: And I move that
we accept that message.
ACTING PRESIDENT LIBOUS: All in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is carried.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
5834
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1639, by Senator Leibell, Senate Print 8188,
an act to amend the Civil Service Law and the
State Finance Law, in relation to
compensation.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT LIBOUS: Senator
Bruno, there is a message at the desk.
SENATOR BRUNO: I would move we
accept the message.
ACTING PRESIDENT LIBOUS: All
those in favor indicate by saying aye.
(Response of "Aye.")
ACTING PRESIDENT LIBOUS:
Opposed, nay.
(No response.)
ACTING PRESIDENT LIBOUS: The
message is accepted.
5835
Read the last section.
THE SECRETARY: Section 20. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
can we at this time take up the controversial
reading of that calendar.
ACTING PRESIDENT LIBOUS:
Controversial reading of the calendar.
The Secretary will read.
THE SECRETARY: Calendar Number
1629, by Senator Libous, Senate Print 7981A,
an act to enact the Mental Health Special
Needs Plan Reauthorization Act of 2000.
ACTING PRESIDENT LIBOUS: Senator
Duane.
SENATOR DUANE: Thank you, Mr.
President. I have an amendment at the desk,
5836
and I ask that the reading be waived and to
speak on the amendment.
ACTING PRESIDENT LIBOUS: The
reading is waived, Senator Duane. You may be
heard on the amendment.
SENATOR DUANE: Thank you very
much.
The amendment that I have before us
provides health insurance policies and health
maintenance organizations -- it says that they
must treat patients with mental illnesses the
same as patients with physical ailments. And
in fact, it's a mental health parity bill.
The amendment would require that
all group or blanket accident or health
insurance policies provide mental health
coverage for inpatient care. And if they're
already doing that now, they must provide it
under the same guidelines as it sets for other
illnesses.
And outpatients may not be
restricted to a certain number of visits. In
fact, that's one of the more ridiculous ways
that we treat mental health in this state,
that we believe we know exactly how long it
5837
takes to treat mental illness.
Now, remember, the bill and the
amendment does not provide greater coverage
for mental illnesses, it provides for equal
treatment. For too long, mental health and
mental illnesses in people who are seeking
treatment for mental illnesses have had to
live with stigmatization. And even today,
people are afraid to seek treatment for fear
that that will forever label them as being
somehow flawed.
If we were to pass my amendment, it
would mean that we would become the 31st state
in the nation to have a mental health parity
bill. I know there's broad-based support for
this legislation in our house, and I ask my
colleagues to vote to add my amendment to the
bill.
Thank you, Mr. President.
ACTING PRESIDENT LIBOUS: The
Secretary will call -
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT LIBOUS: Senator
Hevesi, on the amendment.
SENATOR HEVESI: Thank you, Mr.
5838
President. The hour is late; I'll be very
brief.
I just rise to add my voice to join
Senator Duane and my other colleagues calling
for this mental health parity legislation that
Senator Libous sponsors and I believe is
cosponsored by 23 members of the Majority and
would receive a close to if not unanimous
support from members on this side of the
aisle.
It's absolutely essential that we
have this legislation. There is really no
meritorious argument opposed to it. 31 other
states, as Senator Duane has pointed out, have
it. This is equity that is not only the right
thing to do, but our failure to do it
penny-wise and pound-foolish. Denying people
adequate treatment on the front end is going
to cost us a lot more in the long run.
This is something we need to do.
We have an opportunity to do it right now. I
commend Senator Duane for bringing the
amendment, and I request respectfully that all
my colleagues support it.
ACTING PRESIDENT LIBOUS: On the
5839
amendment, all those in favor -
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT LIBOUS: Call
the roll for the party vote.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 25. Nays,
36. Party vote.
ACTING PRESIDENT LIBOUS: The
amendment is defeated.
Read the last section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT LIBOUS: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: The
bill is passed.
THE SECRETARY: Calendar Number
1633, by the Senate Committee on Rules, Senate
Print Number 8119, an act to amend the General
Municipal Law, in relation to public works
5840
contracts.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT LIBOUS:
Explanation requested.
Senator Velella.
SENATOR VELELLA: Mr. President,
this is a bill which will help to alleviate
problems that have arisen as a result of court
decisions, and deals with public and private
work.
Public contracts that may be let to
bid -- for example, if streets had to be
repaired -- are bid by companies for public
purposes pursuant to the law, and they are
awarded contracts. If you're repairing a
street and you open up the street and you're
doing your public work and you find, for
example, telephone lines or utility lines in
there, that has been determined to be private
work. And those repairs, if you have to move
those lines, would be done not pursuant to
your publicly bid contract but pursuant to a
private contract or private agreement with the
utility company.
Originally these programs and these
5841
projects used to be bid out as one, the public
and private work together. The Court of
Appeals said you cannot do that, it's improper
to do it, you have to split the work.
As a result, the public contract
starts -- a contract defines there's private
work and then has to negotiate with the
utility company to do the private work. That
delays the job, because the utility companies
very often realize that they have the
contractor at a disadvantage. He's in the
middle of a job, and he has to do the job for
a very, very low price.
What this bill says is that we will
put in place a procedure where, when this
event happens, that a publicly bid job has the
problem of hitting work that the courts have
said has to be privately done, that we will
put in place a mechanism whereby the company
will have to negotiate the job with the
contractor within 60 days and then, if they
cannot agree on a price, the utility company
can either perform that work themselves or
they would go to an arbitration or a binding
arbitration for the interference work.
5842
They're called -- the work is
called interference work if it's for the
utility company.
ACTING PRESIDENT LIBOUS: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, on the bill.
ACTING PRESIDENT LIBOUS: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I accept
Senator Velella's explanation.
But I guess I'm astounded that at
this dawn of the time of deregulation of our
utilities, we're about to enact a measure
which is going to significantly drive up
utility construction costs for the exact kind
of interference work that Senator Velella
mentions.
Frankly, I guess I'm astounded that
here we are at 11:30 on the last night of
session, and the Energy Association of the
State of New York comes in and says,
Memorandum of opposition, it's going to drive
up costs if this bill passes, it's going to
drive up the cost of electrical rates because
5843
it's going to drive up their construction
costs for just this kind of interference work.
They're telling me that this is
something that will be devastating because it
will put contractors in a position where in
essence they can hold the utilities hostage
and significantly drive up the cost and
increase the cost of construction projects for
utilities.
I would just ask everybody in this
chamber, are these the same utilities that we
want to free from mandates? Are we about to
put an unfunded mandate onto our utility
companies? We're trying to get them in an era
of competition. We've done a number of bills
during this session -- Senator Wright has
sponsored the deal with the implications of
going to a free market with respect to the
ownership of utilities and the real property
taxes that they pay.
And sure enough, here we are, the
Energy Association is telling us, don't do
this, it's going to drive up the cost of
energy.
Right back in my hometown,
5844
Rochester Gas & Electric, trying desperately
to get into the free market and be
competitive, reduce rates to utility
ratepayers. And sure enough, what do they
say? It's a bad idea. It's going to drive up
rates. Unfunded mandate for Rochester Gas &
Electric.
Lo and behold, I see a memorandum
on my desk that I've almost never seen before.
My gosh, it's the New York City Partnership,
all those good business groups. You know,
that group that leads the New York City
Partnership of Business Alliance. What do
they come to the table and say? Bad idea.
Going to drive up utility rates. May drive up
the cost of doing public work. Drive up the
cost.
I thought we were trying to be a
low-cost state. I've heard that mentioned so
many times during this session when we cut
business taxes, when we provided extra
incentives for businesses. We created a
public market for utilities. And lo and
behold, the New York City Partnership, the
premier business organization in the state,
5845
says, Bad idea, going to drive up utility
rates, going to drive up the cost to
government.
Then, lo and behold, I come to the
organization that has the most experience with
this kind of construction project: The City
of New York, the very place where the
experiment that Senator Velella talked about.
What do they write? They write a memo of
opposition that says this is bad for the
taxpayers in the city of New York and it's
going to be bad for taxpayers everywhere.
My only comment would be, what are
we really here to do? I thought we were here
this session to reduce taxes, cut costs for
business and make us a more competitive state,
reduce the overall cost to our citizens, both
the ratepayers who pay their electrical bills
and the real property tax payers, who are
paying their bills for construction.
Sure enough, five highly respected
organizations come in at 11:30 at night and
say, It's a bad idea and it's going to
actually drive up costs. Not only the
utilities will be held hostage by these
5846
companies, but it's going to drive up the cost
to local government.
I may be mistaken, but I would
suggest that this is an unfunded mandate.
This is a mandate to another level of
government. You can't do it the way that
saves you money, and you can't do it the way
that saves payments on your utilities. You
can't do it either way.
You know what? It's going to cost
the utilities more, so it's going to drive up
rates, it's going to drive up property taxes.
I thought this session we've had a number of
debates about unfunded mandates. We've gone
back and forth on this one a kazillion times.
And here we are, the last thing we're going to
do, the very last thing we're going to do is
drive up the cost to local government and
drive up to the cost to ratepayers, all in the
same fell swoop.
I know it's late. The lights are
burning. The rates will up in the city of
Albany. The rates are going to go up
everywhere. Our cost to public employers is
going up. It's worth debating, Mr. President,
5847
even at this very late hour.
If there's a way to drive the cost
of utility rates down, we ought to do it. If
there's a way to drive the cost to local
government down, we ought to do it. And the
best way to do it right now, at 20 minutes to
12:00 on the last day, vote no on this bill.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect -
SENATOR SCHNEIDERMAN: Mr.
President, will the sponsor yield to a
question?
ACTING PRESIDENT LIBOUS: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: Would the
sponsor yield to a question?
ACTING PRESIDENT LIBOUS: Senator
Velella, would you yield to Senator
Schneiderman for a question?
SENATOR VELELLA: Of course.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President. I note
that in spite of all the purported benefits of
5848
this legislation, there's an opt-out provision
for all the cities in the state of New York
except for the City of New York. If this is
something that other cities can opt out of,
why is the City of New York to be burdened
with all these additional costs?
SENATOR VELELLA: Well, Senator,
I don't agree with your categorization of the
fact that this is a burden to the City of New
York, nor do I agree with Senator Dollinger's
characterization.
This is actually going to save the
taxpayers money, because jobs will not be
delayed, there will not be a whole battery of
change orders.
And obviously, Senator Dollinger,
you don't know how the construction industry
works. Time is money to a construction job.
When you are delayed because Con Ed is holding
you by the throat and saying that they won't
allow you to do this work unless you do it for
a very low rate, it costs the contractor a
tremendous amount of money. That reflects in
change orders. That reflects in additional
costs to the municipality and to the people
5849
paying for that work, and brings the cost of
the contract up.
So, Senator, one way or the other,
the public will pay, because they will be
paying larger taxes to do the kind of work
that's needed in their municipality to repair
the roads, to do the work that public
contracts are bid for.
And this is a result of a Court of
Appeals decision. This isn't because we
decided that we would like to do this. We
have no choice, unless we want to just let the
streets of our cities rot away and not be able
to get the repair work done. So we are
saddled with a tough decision.
We are choosing to help the
municipalities by not elevating the costs on
the burden of the taxpayers and letting the
utility companies do a fair procedure. What
is the real cost? They can either opt out by
doing the work themselves, or they can go to a
procedure where there's an arbitration and a
reasonable amount for the cost of the work is
arrived at.
There is no great big balloon here
5850
that's blowing up. We are giving the
opportunity for other localities to opt out
because it may not be as severe a problem in
some of the different localities around this
state as it is in the City of New York. And
in the City of New York, it is a major
problem. Other communities may decide it is
not a major problem.
That is why.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Mr. President, if the
sponsor would continue to yield.
ACTING PRESIDENT LIBOUS: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: So if I
understand correctly, then, the City of New
York, which has written a memorandum in
opposition -- based in large part on the fact
that it already has an arbitration process,
known as Section U, that would be gutted by
this legislation -- why don't we give the City
of New York the opportunity to opt out? Why
don't we give the great Republican Mayor of
the City of New York the opportunity to make
the decision about what's best for the people
5851
of his city?
SENATOR VELELLA: Senator, I just
hope that you will follow your principles and
support all the memos as loyally as you are
supporting this, including the ones that -
the city issues that you have voted against
almost -- I think probably more so than you
have voted for.
However, that section that you
cite, very simply -- and sometimes when we're
up here in Albany, we lose sight of this. It
doesn't work. The jobs are not getting done
in the city. We have holes in the street that
are open forever. We have those little steel
plates that everybody rides over and wrecks
their cars, because Con Ed, telephone
companies -- all of those five memos that
Senator Dollinger said are so important from
upstanding citizens, those are the utility
companies that are the upstanding citizens.
And if you believe their memos, Senator, I got
a bridge I want to sell you in Brooklyn.
(Laughter.)
SENATOR VELELLA: But anyway,
they are not -- it is not working. And that
5852
is what why we want to change it.
ACTING PRESIDENT LIBOUS: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Okay,
thank you. I believe that bridge -
ACTING PRESIDENT LIBOUS: Senator
Connor, why do you rise?
SENATOR CONNOR: That bridge is
in my district. I don't think Senator Velella
should be selling it.
(Laughter.)
SENATOR VELELLA: Point of order.
Mr. President, when we put the bill
in to do the transfer, we will yield to
Senator Connor to sponsor it.
ACTING PRESIDENT LIBOUS: So
noted for the record.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. On the bill.
With all due respect to Senator
Velella, I don't agree that this is the reason
we have such a bad situation with regard to
the streets in the city of New York. It is
beyond me to understand why putting the
5853
contractors in a situation to essentially
extort any price for their work is a benefit
to the city. And I think it just -- the
gravity of the situation is demonstrated by
the fact they're letting everyone else opt
out.
I respectfully submit this is
another instance of discrimination against the
City of New York. It's going to drive up
costs. It is something else that if it's good
for New York City, it should be good for the
rest of the state. It's not. And I think
that we're ending this session again having
not done right by the city on schools, on our
transit system, and on a variety of other
issues.
And I think this is one other
example, and I urge everyone to vote no.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
ACTING PRESIDENT LIBOUS: Call
the roll.
5854
(The Secretary called the roll.)
ACTING PRESIDENT LIBOUS: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Just briefly,
Mr. President.
I appreciate the vantage point that
Senator Velella has on the City of New York
from his perch in the Bronx. I would suggest
that the Mayor of the City of New York has a
better understanding of what's going on in the
entire city, and that when he says this is a
bad idea, we ought to follow his advice.
And I would just suggest that here
it is, it's wonderful at the tail end of this
session we're taking the concept of home rule
and we're flipping it on its ear. It's now,
we say, We rule your home. I don't quite
understand it.
I vote no.
ACTING PRESIDENT LIBOUS:
Results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1633 are
Senators Breslin, Connor, Coppola, Dollinger,
Duane, Gentile, Hevesi, Montgomery, Onorato,
5855
Oppenheimer, Paterson, Sampson, Schneiderman,
A. Smith, M. Smith, Stachowski, Stavisky, and
Wright. Ayes, 43. Nays, 18.
ACTING PRESIDENT LIBOUS: The
bill is passed.
The Secretary will read 1459.
THE SECRETARY: Calendar Number
1459, by Senator Velella, Senate Print 8075,
an act to amend the Tax Law and the
Administrative Code of the City of New York,
in relate to exempting.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect in 60 days.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT LIBOUS: Senator
Connor is asking for an explanation, Senator
Velella.
SENATOR VELELLA: This is a
correction to the bill which was passed a
while back where the city put on a parking
tax. And this bill would apply the same
exemptions to co-ops that apply to other
properties if they hire out and have a manager
5856
that manages their parking lot.
I believe some of the Senators on
that side of the aisle, it will help their
districts considerably.
SENATOR DOLLINGER: Explanation
satisfactory.
ACTING PRESIDENT LIBOUS: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect in 60 days.
ACTING PRESIDENT LIBOUS: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
ACTING PRESIDENT LIBOUS: And the
bill is passed.
Senator Seward.
SENATOR SEWARD: Mr. President,
if I could ask unanimous consent, I would like
to be recorded in the negative on Calendar
Number 1566.
ACTING PRESIDENT LIBOUS: Without
objection.
SENATOR SEWARD: Thank you.
ACTING PRESIDENT LIBOUS: Senator
5857
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
Well, it does appear that the
hustle and bustle of the regular session is
coming to a close. We're just ready to step
over the finish line, but I don't think we can
put that other foot down over the line quite
yet.
So we've certainly accomplished
much this session; many, many important pieces
of legislation. And as I said earlier in the
session, the greatest compliment is imitation,
I guess, the greatest form of flattery. And
we in the Minority are indeed flattered by the
fact that so many of our ideas -- in fact,
we're gratified by the fact that so many of
the ideas we advanced earlier in this session
have actually come to fruition in the form of
legislation passed by this house.
I suppose before we put that other
foot down, we'll see each other quite soon to
complete the business of the Legislature. So
I will -- while we bid adieu to the hustle and
bustle of, I suspect, members' bills and
5858
one-house bills and bills with the hope and
the wish that they'll go somewhere in the
other house, we do have more work to do, as
I'm sure Senator Bruno will point out.
And therefore, I would close my
real closing remarks -- or hold my real
closing remarks until that time and not wish
all of you a great summer quite yet.
Thank you.
ACTING PRESIDENT LIBOUS: Senator
Bruno.
SENATOR BRUNO: Thank you, Mr.
President.
We adopted a calendar, I believe
late December, all of us together, and that
calendar suggested that we would close
officially the legislative session on
June 14th. It is June 14th, and it will cease
to be in nine minutes, I believe, by our
clock. So I'm very pleased that we can do
that.
And as my colleague here Senator
Connor indicates, we will be back, because
there are some things that we just don't have
time to finish. And we -- our expectation is
5859
that we will come back probably next Thursday,
a week from tomorrow, at some time, finish
what we have to finish hopefully in a short
period of time, and then we can close the
session as we might want to appropriately.
And with that thought in mind, Mr.
President, I would ask that we recommit all of
the outstanding bills to the Rules Committee.
Because when we get back together, we are
going to have some very specific items to
discuss. We will not have an open agenda,
because our calendars are closed.
And we will do the kinds of things
that might be important for us to do that we
have agreement on or that be important that we
deal with before we leave for the summer.
So there being no further business
to come before the Senate at this time, I
would move that we stand adjourned, subject to
the call of the Majority Leader, and
intervening days to be legislative days.
Thank you, and have a good weekend.
ACTING PRESIDENT LIBOUS: The
Senate stands adjourned, at the call of the
Majority Leader.
5860
(Whereupon, at 11:53 p.m., the
Senate adjourned.)