Regular Session - May 29, 2001
8172
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 29, 2001
3:07 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
8173
P R O C E E D I N G S
THE PRESIDENT: I ask everyone
present to please rise and repeat with me the
Pledge of Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we each bow our heads in a moment
of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President,
my colleagues, before we go into our regular
session in regular order, I would like to
announce that for the first time in the
history of New York State, this legislative
proceeding will be live, on the Internet,
gavel to gavel.
We are the first house in the
Legislature. This chamber was wired within
the last couple of years. When I became
leader, one of the first things that we talked
about was coverage, gavel to gavel, on cable
or on the Internet. We join 25 other states
8174
that have gavel-to-gavel coverage.
And Senator Paterson was a few
minutes late because he indicated that he was
in makeup. And that is understandable.
But I want to just share that our
proceedings will be in 71 percent of the
households in New York State. 98 percent of
all the libraries have Internet access, most
businesses in New York State, all of the
university systems, the schools.
So we are opening up the
legislative proceedings here in the Senate to
the public, again for the first time in the
history of this state.
So I want to applaud my colleagues
here in the Senate, those that have served
over these years to get us to this point. We
will be on cable, we're on cable Sunday, along
with the Governor and the Speaker. And that
on cable is Sunday mornings, and it is canned
as relates to what goes on here during the
week.
We are not on cable now because a
C-Span -- and this is important to
understand -- application, by the Rockefeller
8175
Institute's appraisal, is a $10 million to
$30 million project, with a cost of about
$3 million a year. Cable itself cannot
presently handle gavel to gavel. They do not
have facilities. As they get broader
bandwidth and they are able to accommodate us,
we will be on cable.
So I share all of that with you.
The cost, for us to be up, about $450,000, and
about $150,000 a year.
So thank you, Madam President, and
I thank my colleagues for your cooperation in
where we are here at this historic moment in
all of our lives. Thank you.
Can we have the reading of the
Journal.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 27, the Senate met pursuant to
adjournment. The Journal of Saturday, May 26,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
8176
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. On page 12 I offer the following
amendments to Calendar Number 221, Senate
Print 2905A, and ask that said bill retain its
place on the Third Reading Calendar.
THE PRESIDENT: The amendment is
received, Senator, and the bill will retain
its place on the Third Reading Calendar.
SENATOR KUHL: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
Senator Lack.
SENATOR LACK: Thank you, Madam
President. On page 49, I offer the following
amendments to Calendar Number 784, Senate
8177
Print 4784, and ask that said bill retain its
place on Third Reading Calendar.
THE PRESIDENT: The amendment is
received, and the bill will retain its place
on the Third Reading Calendar.
Senator LaValle.
SENATOR LAVALLE: Madam
President, on page 43 I offer the following
amendments to Calendar Number 715, Senate
Print Number 4127, and ask that said bill
retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received, and the bill will retain its place
on the Third Reading Calendar.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, on behalf of Senator Morahan,
please place a sponsor's star on Calendar
Number 369.
THE PRESIDENT: So ordered,
Senator.
SENATOR NOZZOLIO: Madam
President, on page number 36, the following
amendments are offered to Calendar Number 638,
8178
Print Number 357A, and I ask that said bill,
on behalf of Senator Morahan, be placed on
Third Reading Calendar.
THE PRESIDENT: The amendment is
received, and the bill will retain its place
on the Third Reading Calendar.
SENATOR NOZZOLIO: Madam
President, on page number 39, the following
amendments are offered to Calendar Number 672,
Senate Print Number 1377A, and Senator Morahan
asks that said bill retain its place on Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President. On behalf of Senator
Maltese, on page number 41, I offer the
following amendments to Calendar Number 699,
Senate Print Number 4913, and ask that said
bill retain its place on Third Reading
Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
8179
place on the Third Reading Calendar.
Senator Trunzo.
SENATOR TRUNZO: Madam President,
on the starred calendar would you please
remove the star from Calendar Number 288.
THE PRESIDENT: So ordered,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: I ask that they
be made at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 21,
Senator Trunzo moves to discharge, from the
Committee on Rules, Assembly Bill Number 6433
and substitute it for the identical Senate
Bill Number 3228, Third Reading Calendar 424.
And on page 27, Senator Goodman
moves to discharge, from the Committee on
Rules, Assembly Bill Number 7788 and
substitute it for the identical Senate Bill
8180
Number 4778, Third Reading Calendar 531.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Leibell. I ask that the title be read
and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Leibell, Legislative Resolution Number 2119,
honoring Aldo Belardo upon the occasion of his
designation as the recipient of the da Vinci
Award from the Circolo da Vinci on May 30,
2001.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
8181
SENATOR SKELOS: Madam President,
would you please recognize Senator Dollinger.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
I hereby give written notice,
pursuant to Senate Rule XI, that I will move
to amend the Rules and add a new rule, XV,
establishing ethical standards for members,
officers, and employees of the New York State
Senate.
I would ask that that be recorded
in the Journal, Madam President.
THE PRESIDENT: The notice of
motion has been received, Senator Dollinger,
and it will be recorded in the Journal.
SENATOR DOLLINGER: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could have the noncontroversial reading
of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
8182
THE SECRETARY: Calendar Number
108, by Member of the Assembly Lentol,
Assembly Print Number 808A, an act to amend
the Penal Law, in relation to arson.
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, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
249, by the Assembly Committee on Rules,
Assembly Print Number 8357, an act to amend
the Surrogate's Court Procedure Act, in
relation to giving notice.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
8183
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
446, by Senator LaValle, Senate Print -
SENATOR SKELOS: Lay the bill
aside for the day, please.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
480, by Senator McGee, Senate Print 3964, an
act in relation to legalizing, validating,
ratifying, and confirming.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
505, by Senator Stafford, Senate Print 2923,
an act to amend the General Municipal Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
8184
THE SECRETARY: Calendar Number
553, by Senator Wright, Senate Print 1327A, an
act to amend the Tax Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
578, by Senator Bonacic, Senate Print 5132, an
act to amend the Private Housing Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
592, by Senator Farley, Senate Print 3086, an
act to authorize the City of Gloversville.
ACTING PRESIDENT MEIER: There's
8185
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
596, by Senator Rath, Senate Print 3423A, an
act to amend the County Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 44.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
631, by Senator Kuhl, Senate Print 3230, an
8186
act to amend the Public Health Law, in
relation to the Southern Tier.
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, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
634, by Senator Hannon, Senate Print 4394, an
act to amend Chapter 521 of the Laws of 1994.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
654, by Senator Saland, Senate Print 4235, an
act to amend the Penal Law, in relation to
custodial interference.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
8187
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
692, by Senator Meier, Senate Print 4863B, an
act to amend the Social Services Law, in
relation to extending.
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, 45.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
767, by Senator Balboni, Senate Print -
SENATOR PATERSON: Lay it aside.
8188
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
780, by Senator Volker, Senate Print 4954, an
act to authorize the participation of the
County of Erie.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
793, by Member of the Assembly Gottfried,
Assembly Print Number 7494A, an act to amend
Chapter 725 of the Laws of 1989.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
803, by Senator DeFrancisco, Senate Print
2567, an act in relation to authorizing the
County of Onondaga.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
8189
THE SECRETARY: Calendar Number
806, by Senator Seward, Senate Print 3517, an
act to amend the State Finance Law, in
relation to matching funds.
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.)
SENATOR PATERSON: Lay that
aside, please, Mr. President. My apologies.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
808, by Senator Larkin, Senate Print 3831, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
8190
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
813, by Senator Balboni, Senate Print 4208A,
an act to amend the Environmental Conservation
Law, in relation to matching grants.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
814, by Senator Marcellino, Senate Print 4729,
an act to amend the Environmental Conservation
Law, in relation to local land use.
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, 50.
8191
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
822, by Senator Maziarz, Senate Print 4057, an
act to amend the Not-for-Profit Corporation
Law, in relation to allowing.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
862, by Senator Johnson, Senate Print 5066A,
an act to amend the Vehicle and Traffic Law,
in relation to reflective markings.
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, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
8192
875, by Senator Wright, Senate Print 4250, an
act to amend the Public Service Law and the
State Administrative Procedure Act, in
relation to endorsement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
916, by Senator Maziarz, Senate Print 4964, an
act to amend Chapter 693 of the Laws of 1996.
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, 50.
8193
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
948, by Senator Farley, Senate Print 2841, an
act to amend the Education Law, in relation to
authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
April.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
960 -
ACTING PRESIDENT MEIER: Senator
Farley.
SENATOR FARLEY: I just want to
explain my vote on this bill of mine that just
passed, 948.
It's a rather unique piece of
8194
legislation -- 59 sponsors of this bill.
Seldom does anything have that kind of support
in any house, and I'm very proud of it. It's
one that allows senior citizens 60 years of
age to take courses for credit without tuition
in New York State.
And I applaud my colleagues for
supporting the bill. And this year we're
going to get it out of the Assembly and pass
it.
Thank you.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
960, by Senator Sampson, Senate Print 1720, an
act authorizing the City of New York.
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.)
8195
THE SECRETARY: Ayes, 49. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
963, by Senator Saland, Senate Print 3204 -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
965, by Senator Skelos, Senate Print 3356A, an
act to amend the Bay Park Library Services
Act.
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
966, by Senator Stafford, Senate Print 4236,
an act to -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
8196
bill aside.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Thank you, Mr.
President. If we could go to the
controversial calendar at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
480, by Senator McGee, Senate Print 3964, an
act in relation to legalizing, validating,
ratifying, and confirming certain acts and
proceedings.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, an explanation has been requested of
Calendar 480 by Senator Paterson.
SENATOR McGEE: Thank you, Mr.
President.
This bill legalizes, validates,
ratifies, and confirms certain actions taken
by the Hinsdale Central School District with
respect to certain transportation contracts
for the 1999-2000 school year.
8197
Due to administrative error, the
Hinsdale Central School District missed the
deadline for filing certain transportation
contracts. These contracts were for the
services of children with special needs, which
the district bus fleet is not equipped to
provide.
This legislation will allow
Hinsdale to obtain $17,673 in transportation
aid, the full amount to which it would have
been entitled if the contract had been filed
in a timely manner.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator McGee would yield for a question.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, was
the lack of seasonable response, the fact that
the filing of the contracts was not timely,
8198
was this ministerial or was there some other
reason for the delay?
SENATOR McGEE: I believe that it
was an administrative issue, because they had
a change of clerks and business managers.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I have one last question for Senator McGee.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Mr. President,
my question just relates to no real problem
with correcting this issue, but any
information that the Senator can give our
colleagues as to how this type of situation
might be avoided in the future.
SENATOR McGEE: Well, I would -
oh, if I may, I would assume that any time
that there is a clerk or a business manager
that leaves a school, there should be a neat
and orderly transition. This was not the case
8199
in this particular issue.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Hearing none, debate is closed.
There is a local fiscal impact note
at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
505, by Senator Stafford, Senate Print 2923,
an act to amend the General Municipal Law, in
relation to taking of billboards.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
553, by Senator Wright, Senate Print 1327A, an
8200
act to amend the Tax Law, in relation to
disclosure.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Wright, an explanation has been requested of
Calendar 553 by Senator Paterson.
SENATOR WRIGHT: Thank you, Mr.
President.
The bill before us today will amend
the state tax laws and require the disclosure
of any overpayment of taxes by a taxpayer.
As you may recall, in 1992 we
passed legislation referred to as the
Taxpayer's Bill of Rights. We see this as a
very logical extension of that same practice,
ensuring and codifying fair treatment for all
taxpayers.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Wright would be kind enough to
yield for a question.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for a question?
SENATOR WRIGHT: I'll be glad to
8201
yield for a question, Mr. President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Thank you.
Mr. President, I voted for this
bill last year. I don't have a problem voting
for it again. I'm just curious -
SENATOR WRIGHT: I thank you,
Senator.
SENATOR PATERSON: I'm just
curious, because the bill was vetoed by the
Governor. So I was wondering if Senator
Wright would explain to all of us what the
Governor's concerns were and perhaps how they
may be alleviated, either through discussion
or by any changes that have been made to the
legislation.
SENATOR WRIGHT: I'll be glad to,
Mr. President.
The Governor has no objection
whatsoever to disclosing to the taxpayer when
there has been an overpayment made. In fact,
he has directed that that be the policy of the
Department of Taxation and Finance.
However, the language we had in
8202
last year's bill he felt could lead to an
erroneous interpretation by the court that
there may be an outstanding state liability
over and beyond the statute of limitations
established for the period of recovery and
therefore could expose the state,
theoretically, to a potential loss of
$38 million in revenue.
Consequently, he felt that a
technical amendment, which we have
incorporated in this year's bill, could
address that. So we have incorporated that in
this year's legislation.
We appreciate the support over each
of the last two years -- three years for this
bill. And the companion version has been
introduced in the Assembly and hopefully will
have a like result.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
8203
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
634, by Senator Hannon, Senate Print 4394, an
act to amend Chapter 521 of the Laws of 1994.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Hannon, an explanation has been requested of
Calendar 634.
SENATOR HANNON: Thank you very
much.
This bill would extend for two
years the existence of the advisory council in
regard to immunization, which basically has
the purpose of taking a number of interested
entities and having them watch the state's
program of immunization of children and making
a report if needed.
The members of the council are
appointed by both the Majority and Minority of
each of the Senate and the Assembly.
8204
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield for a
question.
ACTING PRESIDENT MEIER: Senator
Hannon, do you yield for a question?
SENATOR HANNON: That I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator, I
have supported this program in the past, and I
would intend to support it again.
My question is, pursuant to the
most recent authorization for this, did we
require a report on the immunization registry
as part of our last statutory enactment when
we put this into effect?
SENATOR HANNON: That we did,
Senator Dollinger.
SENATOR DOLLINGER: And through
you, Mr. President, if Senator Hannon will
continue to yield.
ACTING PRESIDENT MEIER: Senator
Hannon, do you continue to yield?
8205
SENATOR HANNON: Yes. Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Has the State
Health Department produced that report for the
Chairman of the Health Committee or for the
Assembly Health Committee?
SENATOR HANNON: I have not seen
that.
And since you raised that, quite
legitimately, at the committee meeting, the
inquiries have been made. And we are told
that it is in draft stage and its final
production is expected. When asked when, we
were not able to get that pinned down. So I
don't have an answer there.
SENATOR DOLLINGER: Through you,
Mr. President, just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I'm going to
vote in favor of this bill and encourage
everybody in the house to do that. But we
have a continuing trend -- I've talked about
this with the chair of the Health Committee,
8206
and I note that perhaps because of my
political affiliation, it's easier for me to
articulate, but I think it's one that's shared
beyond simply a member of the Democratic
members of the Health Committee.
And that is as part of our
sunsetting these provisions, we require the
State Health Department to report to us on how
it's going. In essence, that's all it is, is
it's just an evaluation of the initial setup
of the program, the immunization registry -
which I think is a great idea, it gives us
documentary information and public health
information we need to be able to plan and
make a determination as to the success or
failure of this program or its potential for
even greater success or for changes that could
make it more effective.
And it seems to me that we can't do
that if the State Health Department doesn't
start providing us with these reports.
I know I've talked with the
chairman of the Health Committee about this
and said we have a number of extenders that we
are going to do this year which continue
8207
policies that I think are on the mark. But
we're looking for guidance from the
professionals in the Health Department to make
sure that our gut reaction and our political
sense and our anecdotal information is
actually an accurate reflection of good,
scientific, public health data.
So I'm going to vote in favor of
this, Mr. Chair. I appreciate your continuing
not only monitoring but sponsoring of the
extenders in these programs. But it just
seems to me we should really demand that the
Health Department provide us with this
technical assistance and guidance to make
these programs not only continue but hopefully
improve them as well.
I'm going to vote in favor. I'd
encourage everybody to do that. But the State
Health Department should begin to start
putting these reports in place to guide us in
our future deliberations.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Just to comment,
8208
and maybe to amplify.
The very fact that this council
exists and looks at both the rates of
immunization themselves and the types of new
immunizations that will be recommended by the
expert groups gives us some confidence,
because of the nature of the group. It has
people from provider organizations, insurers,
public health officials, consumer advocates
and consumers.
And knowing how articulate and not
at all shy the range of people involved in
health care are throughout this state, I know
that should there be problems, that they would
quickly come to our attention.
So I would commend this for
passage.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
8209
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
767, by Senator Balboni, Senate Print 3690, an
act in relation to allowing the Zion Baptist
Church to file an application.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Balboni, a brief explanation -- I heard him
say "brief" -
SENATOR BALBONI: Oh, thank you
very much.
ACTING PRESIDENT MEIER: -- has
been requested by Senator Paterson.
SENATOR BALBONI: Thank you, Mr.
President.
October nine -- October, I think it
was the 19th of 2000, in the Zion Baptist
Church located in Port Washington, New York,
which has been in existence and serving the
community spiritually for -- let's see, I
guess since 1919 -- they wound up opening
their mail and finding a letter from the
8210
assessor's office saying to them, Dear
taxpayer: You own the property located at
such-and-such mortgage -- I mean,
such-and-such a parcel, and you owe taxes.
Now, this came as a shock, because
as far as the Zion Baptist Church knew, they
had applied properly for the tax-exempt status
that we as a nation provide to religious
institutions.
Lo and behold, when they checked
with the assessor's office, they found that in
fact there had been a clerical error which had
resulted in that religious institution being
taken off the tax-exempt rolls and being
placed into the taxable rolls. As a result of
that clerical error, the church owes
approximately $10,000.
As soon as that letter arrived and
an investigation was conducted by the church,
the church took the necessary and appropriate
steps to inform the assessor's office that in
fact the clerical error was going to result in
a hardship for them and it should be reversed.
And it was, but prospectively only.
And therefore, this church is under
8211
the burden of having to pay the 10,000-plus
dollars unless we in this Legislature correct
it, notwithstanding the fact that there was a
clerical error.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield to
just one question.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: How did it
come about that the church had to file a
property tax exemption? Had it had just
recently purchased the property?
SENATOR BALBONI: Mr. President,
through you, it is not clear from the
communications with the church as to why this
communication came from the assessor's office.
SENATOR DOLLINGER: Through you,
8212
Mr. President, if the sponsor will yield.
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: Oh, you
were only tantalizing us. Another question.
SENATOR DOLLINGER: I was, Mr.
President. The answer wasn't what I
anticipated.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for another question?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Well, through
you, Mr. President, was this a new piece of
property or is this a piece of property that
they had owned for several years that the
clerical error was made on?
SENATOR BALBONI: The information
that I received both from the assessor's
office and from the church indicate that there
was no change in status of the ownership of
the parcel, merely that it was taken off of
the rolls.
8213
As to what event led to that
actually occurring, I do not know.
SENATOR DOLLINGER: Thank you,
Mr. President. Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: As everyone
in this house knows, I have routinely voted
against and will continue to vote against the
partial property tax exemption relief bill
that Senator Balboni -- and I would point out
that Senator Balboni, who's always concerned
by my commitment to bipartisanship, I voted
against the bill from Senator Sampson as well,
just to show that I will treat my colleagues
on both sides of the aisle on this issue the
same.
I go back to the fundamental point
I have made in this chamber repeatedly. The
question of a partial property tax exemption
or abating property taxes through a partial
year is a power that ought to be given to the
assessors. Whether they're in the community
of the county of Nassau or the town of
Brighton that I represent or the city of
8214
Rochester that I represent, they should all be
treated the same.
We should pass a statewide bill
that allows the assessors to grant partial
property tax exemptions or, as in the case of
Senator Balboni's Zion Baptist Church, we
should allow them to abate property taxes and
relieve communities from property tax
exemptions when they have a good excuse; as in
case, a clerical error.
Instead, we handle these bills all
one at a time. We don't have a statewide
bills that allows assessors to do this.
Senator Hannon had the bill in the house I
believe last year. And I have strongly urged
my colleagues from Nassau County, where this
problem seems to be epidemic in proportions,
to come forward with a statewide bill that
will solve this particular problem.
I know that the assessors are
opposed to it, but that's no reason not to do
it. We should give assessors throughout this
state the ability to handle all of these
problems related to property tax exemptions,
and we ought to do it with a statewide bill.
8215
Until we have one, I'm going to
continue to vote against these bills for
Nassau County, I'll vote against them from the
City of New York, I will vote against them
across this state, because what we need is a
statewide solution. Until we get it, you can
continue to record me in the negative, Mr.
President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 965.
8216
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 965.
THE SECRETARY: Calendar Number
965, by Senator Skelos, Senate Print 3356A, an
act to amend the Bay Park Library Services
Act.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested by
Senator Paterson.
SENATOR SKELOS: This legislation
will allow election officials in the Bay Park
library district to receive reasonable
compensation for their services as polling
place personnel.
In addition, the bill clarifies
that special library districts shall rely
exclusively on the voter registration lists of
the Nassau County Board of Elections.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Skelos would yield for a question.
ACTING PRESIDENT MEIER: Senator
8217
Skelos, do you yield?
SENATOR SKELOS: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, this
district that's been set up, is this by the
will of the registered voters in that area
or -
SENATOR SKELOS: Yes, it is. We
passed that legislation in 1998.
SENATOR PATERSON: Mr. President,
if Senator Skelos would continue to yield.
SENATOR SKELOS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: Can we
have a little order in the chamber, please.
Senator Paterson.
SENATOR PATERSON: At that time
at which you referred, Senator Skelos, we set
this $50 compensation fee. That was in 1998.
I just wondered how we arrived at the $50
figure and why would we not just keep it that
way as soon as three years later.
SENATOR SKELOS: If I could
8218
respond, the legislation was submitted to us
in that form. And now what we're doing is at
the -- quite honestly, at the request of the
Assembly, Assemblyman Weisenberg, who is
sponsoring this legislation, they would like
to amend it so it's "reasonable compensation,"
which is the language that's used in numerous
other jurisdictions throughout the state.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Well, Mr.
President, I have as high a regard for
Assemblyman Weisenberg and the Assembly in
general as Senator Skelos does, and so he's
answered my question and convinced me, he and
the Assembly, to vote for this bill.
SENATOR SKELOS: Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
8219
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
780, by Senator Volker, Senate Print 4954, an
act to authorize the participation of the
County of Erie.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested by
Senator Paterson.
SENATOR VOLKER: Mr. President,
this is an implementation of an agreement
between the State of New York, the County of
Erie, the City of Buffalo, the Senate and the
Assembly, which has previously been announced
for a project known as the Adelphia Cable
building and construction plan, which I
believe is approximately about $150 million to
$175 million.
There was some question about the
necessity of this bill, but the county and the
city felt that this bill was necessary to
implement the agreement. This bill does not
8220
actually authorize the funding. The funding
obviously will be in the budget. The funding
is in various types of taxing statutes and so
forth.
For instance, there is a -- I
believe it's a 12½ million -- 12.4 million
Jobs Now grant. The County of Erie is
providing an annual $1 million operating
subsidy for the HSBC Arena and $7 million
toward the construction of a new parking
facility. The State of New York is committing
about $50 million in economic development at
this downtown Buffalo site, which is on the
waterfront.
Adelphia Cable presently has about
500 people employed in the city of Buffalo.
And with this building and the affiliated
parking ramps and so forth, they will have
another 1,000 people.
Very honestly, the hope is that
this operation -- Adelphia Cable is a huge
operation. It has well over 20,000 people
nationwide. And the assumption is that
sometime in the future Adelphia may well
relocate other parts of its operations to
8221
Buffalo, and this could in the long run mean
5,000 or more jobs to the city of Buffalo and
the county of Erie.
So this was a very important
project. It was negotiated over a period of
years. It was publicly announced by the
leaders of the Legislature and the Governor
here some time ago. And this bill is a bill
which would implement the memorandum of
understanding and the various pieces of that
project.
ACTING PRESIDENT MEIER: Senator
Brown.
Oh, I'm sorry, hold just a second,
Senator Brown. Pardon me.
Senator Skelos.
SENATOR SKELOS: If I could just
interrupt, 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 Senate Majority Conference Room.
Senator Stachowski.
SENATOR STACHOWSKI: On the bill
8222
very quickly, because I'm going to go to
Rules.
ACTING PRESIDENT MEIER: Senator
Stachowski, on the bill.
SENATOR STACHOWSKI: I just rise
to support Senator Volker on this bill. It's
a very important project to the city of
Buffalo. It's very important to Western
New York. I have the good fortune to have it
located in my district.
And I think that it's taken a long
time to get to this point, that we can pass
this and move it along and hopefully the
shovels will be in the ground and the building
go up and the various jobs will come to
fruition in downtown Buffalo.
It's a major piece for the city, a
major piece for the county, and a major piece
for the State of New York. So I support this
project.
ACTING PRESIDENT MEIER: Senator
Brown, pardon the interruption. It was the
chair's fault. You have the floor.
SENATOR BROWN: That's okay, Mr.
President. Also on the bill, I too stand to
8223
support Senator Volker on this bill and
Senator Stachowski.
This is an important piece of
legislation for the city of Buffalo, as we
have all heard in this chamber. It will move
the Adelphia project forward and expand the
operations of Adelphia Cable in the city of
Buffalo.
And as Senator Volker indicated, it
will retain 500 jobs in our city and create
another 1,000 jobs. And for a community like
Buffalo and Erie County, where we have
unfortunately been bypassed by the economic
boom times that the rest of the state has
enjoyed, this is just a major project that
will move waterfront development in the city
forward. And also, it will stabilize the
Buffalo Sabres hockey franchise.
Also important to note, Senator
Volker mentioned the agreement between the
state, the county, and the city, including the
work of the Buffalo City Council in this
legislation. And through the involvement of
the city council and the council president,
the minority participation goals on this
8224
project were significantly increased. Those
goals will now be 20 percent.
And that is also evidence that this
project will benefit the entire city of
Buffalo, the entire county of Erie and will be
a major benefit to the State of New York as
well.
So I'm happy to join Senators
Volker and Stachowski in voting for this piece
of legislation.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
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 MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read Calendar
8225
793.
THE SECRETARY: Calendar Number
793, by Member of the Assembly Gottfried,
Assembly Print Number 7494A, an act to amend
Chapter 725 of the Laws of 1989.
SENATOR DeFRANCISCO: Can we lay
this aside temporarily. Senator Dollinger had
a question, and he's not present at the
moment.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
803, by Senator DeFrancisco, Senate Print
2567, an act in relation to authorizing the
County of Onondaga.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, an explanation has been requested
by Senator Paterson.
SENATOR DeFRANCISCO: Yes. I
have a home rule message from both the town
and from the County of Onondaga.
The County of Onondaga acquired
certain parcels of land near the Erie Canal
back about 1983. And at that time, they were
8226
supposed to, if they were going to use the
property, if at all, for recreational and -
recreational purposes.
The county has not done that and
indicates they have no intention in the near
future to do that because of the lack of
sufficient financial resources to do it. The
Town of Van Buren is willing to take on that
responsibility and develop this area as a
recreational use.
And as a result, both the town and
the county sent home rule messages to us
indicating that they would like the state law,
which is necessary to make the transfer occur.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator DeFrancisco would yield for a
question.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR DeFRANCISCO: Yes. Yes,
I would.
ACTING PRESIDENT MEIER: The
sponsor yields.
8227
SENATOR PATERSON: Senator, it's
been 18 years and 41 acres of land that I
guess were originally designated to go to the
county from the Department of Transportation.
And I guess the only concern I have is the
reason for the original transference, and
perhaps whether or not there are any
environmental hazards on the land that existed
before or could have developed in the last 18
years.
SENATOR DeFRANCISCO: Well, the
reason for the original transfer to the County
of Onondaga was that the State DOT had no use
for the property, did not want to maintain it
in any way. The town at least was -- the
county was at least willing to maintain it.
It's my understanding that there
could not be any possible environmental
problems that existed that occurred between
1983 and the present, since nothing has been
done in the land other than to clear some land
when it becomes a hazard.
So I can't say with certainty, but
that's the understanding that I have.
SENATOR PATERSON: Thank you,
8228
Senator.
Mr. President, if the Senator would
yield for another question.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: I might have
put the cart before the horse, Senator,
because what I think I really should have
asked, Mr. President, was if there was any
particular reason why the county didn't
develop the land.
That doesn't inhibit my vote at
all, because if it's been there for 18 years,
certainly if the Town of Van Buren would like
to take a shot at developing the land, if it's
certainly fine with the county and the town,
it's fine with me.
But I guess I'm just -- I guess
that's why I wondered why the township didn't
turn the land into some parkland or for some
recreational use.
SENATOR DeFRANCISCO: Well, the
8229
county had the property, so the town has been
unable to do that up to this point in time.
If this legislation passes, the town can
undertake improvements to make this a
recreational area.
The county has given us the reason
that they haven't done anything is they don't
think that this is a priority and they don't
have the resources to make this a priority.
And so the town, since the property
is very valuable to the town, is willing to
undertake that responsibility.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
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 MEIER: Call the
8230
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: Mr.
President, may we go back to Calendar Number
793, please.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 793.
THE SECRETARY: Calendar Number
793, by Member of the Assembly Gottfried,
Assembly Print Number 7494A, an act to amend
Chapter 725 of the Laws of 1989.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested by
Senator Paterson.
SENATOR SEWARD: Yes, Mr.
President.
This bill before us simply extends
a supplemental financial assistance for
hospice care of persons with special needs in
the Medicaid program. It's due to expire on
8231
July 1 of this year, and this would extend it
for another two-year period, to July 1, 2003.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield for a
question.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Senator
Seward, I'd ask you the same question I asked
Senator Hannon earlier.
As part of the extender, in the
prior bill that we had passed was there a
report to be produced by the Commissioners of
Health and Social Services to detail the
circumstances under which the supplemental
financial assistance program for hospice care
should continue?
SENATOR SEWARD: Yes, there is.
There will be a report made by the
8232
Commissioner of Health and Social Services to
the chairs of the Senate and Assembly Standing
Committees on Health and Social Services,
which basically will evaluate the provisions
of the supplemental financial assistance
program.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Seward will continue
to yield.
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR SEWARD: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Did the
Commissioner of Health and the Commissioner of
Social Services produce the report that was
due on or before January 1, 2001?
SENATOR SEWARD: Mr. President,
that report has yet to be forthcoming.
SENATOR DOLLINGER: Thank you,
Mr. President. Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
8233
SENATOR DOLLINGER: As a famous
president once said, here we go again.
This is another instance where we
have asked our commissioners to prepare a
report, in this case a report to the Senate
and the Assembly on the cost-effectiveness,
the financial status of hospices, the impact
on patient care, including the impact on
institutionalization, recommendations for
modifications and such other matters as may be
appropriate in our hospice care program in
this state.
By law, we said to the
Commissioners of Social Services and Health:
Give us a report. Tell us what we need to
know to determine whether this program is a
success and a worthwhile investment for New
Yorkers.
No report. I would suggest, Mr.
President, that this is part of what I
consider to be a very disturbing trend. For
some reason, the commissioners don't believe
they have any obligation to follow the law.
When we say "Give us a report," their reaction
is: We don't really need to do that. The
8234
Legislature will enact the program again. The
Legislature will continue the program whether
we produce the report or not.
I would suggest, Mr. President,
what we need to do is to tell the
commissioners and this administration that
this Legislature is not simply going to stand
as a rubber stamp for the continuation of
these programs but, instead, we're going to
require reports and an analysis of these
programs before we extend them.
I'm willing to do it in this
instance upon the recommendation of the
commissioner -- or the chair of the Insurance
Committee, but this is a disturbing lack of
compliance with this administration and the
will of this Legislature. It's an alarming
trend.
As I think I said at the hast
Health Committee meeting, there are 32
examples we've found of programs that are up
to expire, set to expire that we've been asked
to extend by the administration on the second
floor for which we have never received a
report on the effectiveness of the program.
8235
I think the administration is
dropping the ball, and I think we should send
a message to the Commissioner of Health and
the Commissioner of Social Services that we
mean what we say. When we ask for a report
detailing the effectiveness of these programs,
we ought to get it before we act.
I think we're shirking our
responsibilities if we continue to do this.
And I think it's an alarming lack of
information from the administration about how
these programs are working.
I'm going to vote for it in this
case, upon the recommendation of the chairman
of the Insurance Committee. But the trend is
disturbing and apparently only getting worse,
Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
8236
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
806, by Senator Seward, Senate Print 3517, an
act to amend the State Finance Law, in
relation to matching funds.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested of
Calendar 806 by Senator Paterson.
SENATOR SEWARD: Mr. President,
this legislation would lower from 50 percent
to 25 percent the match that is required for
loans made through the Emergency Services
Revolving Loan Fund. And it would also
eliminate a provision which prohibits other
state funds to be used for the same purpose.
The Emergency Services Revolving
Loan Fund is administered by the Department of
State. It's been very, very helpful to a
number of our fire departments, emergency
squads, and the like who provide emergency
services to the citizens of our state. And
8237
this loan fund provides them with low-cost
financing options to purchase the fire
apparatus, equipment, and all of the things
that are necessary for them to carry out their
important work.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
this is certainly very important equipment for
which the loan fund is being increased. If
Senator Seward would yield for a question.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Certainly, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, is
there currently a surplus in the Emergency
Services Revolving Loan Fund that would
accommodate this kind of request?
SENATOR SEWARD: Mr. President,
there currently is not a surplus in the
revolving loan fund. But there's no question
that once we complete action on a state
8238
budget, that I'm very hopeful that we as a
Legislature will add some additional monies to
this revolving loan fund.
In fact, our Senate budget
resolution suggests that this house is on
record as supporting an additional $4 million
be added to this fund. $13 million has been
appropriated to date, and more than
$19 million has actually gone out in the form
of loans.
Because of the revolving nature of
the fund we're able to, as the loans are paid
off, able to reissue those funds in the form
of additional loans. And that is all in
addition to what new funds we appropriate each
year.
SENATOR PATERSON: Mr. President,
if Senator Seward would yield for another
question.
ACTING PRESIDENT MEIER: Senator
Seward, do you yield?
SENATOR SEWARD: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, from
8239
a policy standpoint I'm just concerned that
projects that are as worthy as the one that
brings us to this discussion might be lost
because if we were to increase the state match
under the revolving loan fund, there might be
a point in which we exhaust the resources and
so other, certainly worthy causes would be
mitigated by the fact that we don't have the
funds to really support them in the future.
So that was why I asked you if
there was a surplus there. My concern is that
in an attempt to accommodate the issue that
brings us here today, some of the emergency
medical equipment and that type of thing, that
there might be other requests in the future
that would be reduced because we've spent up
all the money by increasing the state match to
75 percent.
So I just wanted to get from you an
understanding of how that will not be the
case.
SENATOR SEWARD: Well, Mr.
President, the basis of the legislation before
us is to assist the smaller, financially
hard-pressed fire departments, emergency
8240
squads, and those types of not-for-profit
entities that provide these emergency
services.
It's interesting to note, this
revolving loan fund has issued 197 loans. And
of that 197 loans, a full 108 of those have
been loaned to companies or municipalities
with an operation budget of less than
$100,000.
And so when we're talking about
loaning to such small departments and
municipalities that are attempting to purchase
a piece of fire apparatus that may be -- a
quarter of a million dollars is nothing when
it comes to this type of equipment in this day
and age.
And what this legislation will do
will be to give the revolving loan fund board
the flexibility to work with these
municipalities by, number one, increasing to
75 percent of the total cost of the project,
to let them have the ability to actually make
the purchase of the apparatus or equipment,
and, in addition to that, allow them to seek
other state funds to make up the difference.
8241
So we're really trying to assist
those smaller departments. And I think it's
incumbent upon this Legislature to do exactly
that through the passage of this bill and,
when we do a budget, to make sure that there
are sufficient funds there to assist these
hard-pressed departments through additional
appropriations.
I certainly support that, and I'm
sure that it has bipartisan support in this
house.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: The proposal
has support from me.
Certainly some of the smaller
companies and those areas are exactly where
the flexibility of the board will come into
play. Particularly, as Senator Seward points
out, when you have fire apparatus or something
that can run a large amount of money and by
which they now have greater latitude to expand
the coverage of the state match to 75 percent
8242
from 50.
But I hope that Senator Seward's
feelings on this will be remembered in the
budget process. Because without the
resources, then I think the point that I was
making earlier would actually come to the
fore. And that is specifically that we
wouldn't want the flexibility to lead to a
situation where, when you back-load proposals,
we will have those types of requests come in
in the future and don't have the resources to
meet them.
Assuming that's not the case, I'll
vote for the bill.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield to a question?
ACTING PRESIDENT MEIER: Senator
Seward, do you yield for a question?
SENATOR SEWARD: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator Seward,
8243
Senator Paterson raised one of the questions
that I was concerned with, that by increasing
the amendment from 50 to 75 percent, that it
may prohibit other companies from opting into
the program because they may have exhausted
all of the funds.
But under the current proposal that
you are proposing, prior to this here, if they
were receiving some form of state aid, that
they could not apply for any other state
monies.
Has this now been changed, that in
spite of the fact that they may be receiving
additional funds from a particular state aid,
that they will no longer be prohibited from
receiving further aid from another state
entity?
SENATOR SEWARD: Mr. President,
under the provisions of the bill before us, we
would be making that change.
Currently, if a department is
receiving other state funds in any form, then
they would be prohibited from receiving a loan
from the revolving loan fund. This bill would
take away that prohibition and allow them to
8244
not only borrow money through the revolving
loan fund, but also to apply for and to
receive other state funds to assist in the
purchase of the item which they seek to
purchase.
SENATOR ONORATO: Thank you,
Senator. I think that it's a very good bill,
and I think that we should make these other
companies aware of this particular change,
that they will have other sources that they
can apply to.
I will be supporting the bill.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
813, by Senator Balboni, Senate Print 4208A,
8245
an act to amend the Environmental Conservation
Law, in relation to matching grants.
SENATOR OPPENHEIMER:
Explanation, please.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested of
Calendar 813.
SENATOR BALBONI: Thank you, Mr.
President.
This bill is essentially a bill
that attempts to continue a source of funding
for a program that has been very successful in
containing nonpoint source pollution.
Essentially, what the bill would do
is -- well, first off, nonpoint source
pollution associated with storm water
discharges has been identified as a major
cause of water quality impairment -- i.e.,
pollution -- in New York State and throughout
the nation.
Monies from the EPF have been
assisting municipalities in attempting to get
more of these storm drains built. A recent
8246
change has required that municipalities permit
these operations. That is, before they begin
them, they must apply for a permit.
The problem is that when you change
the requirement that these storm drains must
be permitted, you now make them ineligible for
the funding that they had previously received;
therefore, denying municipalities of another
stream of revenue to help offset the costs
associated with these types of facilities.
This bill would allow the
municipalities, notwithstanding the permitting
requirements, to continue to receive this
funding.
And that is all she wrote.
(Laughter.)
SENATOR BALBONI: Or he wrote.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: If the good
Senator would yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for a question?
SENATOR BALBONI: Yes, I do, Mr.
President.
8247
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: I'm
listening intently to what you said, and I
think I probably know the answer to this
because of what you said, though I'm not
absolutely certain. So let me phrase it.
The Environmental Protection Fund
was not designed to fund mandatory
environmental compliance projects. They have
been funded always by the EFC. Now, why -
why can't -- you said because now we are going
to be requiring permits, that it no longer can
be funded under the EFC, it has to be under
the EPF. Why? Just because we require that
there be a permit before they improve the
storm water system?
SENATOR BALBONI: Mr. President,
through you. In way of response, Senator
Oppenheimer, actually, I -- if I indicated
that there was another source of funding
without this particular piece of legislation
for these permitted facilities, I misspoke.
There is no funding if we don't pass this
bill, from any system.
8248
That is because these types of
facilities were previously funded under the
Environmental -
SENATOR OPPENHEIMER: Facilities.
SENATOR BALBONI: -
Facilities -
SENATOR OPPENHEIMER:
Corporation.
SENATOR BALBONI: What's the name
of it?
SENATOR OPPENHEIMER: EFC.
SENATOR BALBONI: No, it's EPF.
They were originally funded under EPF.
If we don't pass this bill, they
will not be eligible for funding under the
EPF, because of the requirement that these
types of facilities are now permitted. In
other words, you have to get a permit before
you build them.
Now, I asked the very same
question: Why does that technical change
result in the lack of funding? And I was told
that that is because traditionally, and
perhaps it's a historical hangover, these -
once you say to somebody or to an organization
8249
or to a group "You must receive a permit,"
then traditionally that has indicated that
there's an industrial component or a
profit-making component of the individuals
seeking to get into the program. Once you
have a profit-making component, then you don't
need funding.
So here we have an aberration.
There's no industrial community seeking storm
drains. They're municipal. Municipalities
don't make profits. So it is outside our
experience.
However, there is a precedent.
Under a bill that Senator Kuhl passed through
the Water Resources Committee -- as you know,
which I chair -- last year, CAFOs -- which
again I have to check what it stands for -
Concentrated Animal Feeding Operations were
given the exemption to be permitted
facilities, permitted operations, and yet
still receive the funding.
And so what we're doing here is
we're taking the CAFO model and we're applying
it to the municipal storm drain program under
this funding stream. A tad technical.
8250
SENATOR OPPENHEIMER: No. I mean
yes.
But if I may ask another question,
through you.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for another question?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: This is to
fund nonpoint source pollution. It is almost
never industrial.
SENATOR BALBONI: That's correct.
SENATOR OPPENHEIMER: You said
because it was now industrial -- because
normally it's industry -
SENATOR BALBONI: No, no, no, I
meant -- I'm sorry. Mr. President, through
you, may I just correct a statement that I
made before. If I were in court, I'd say
"Strike that, please keep the following."
Historically, when operations,
activities under the environmental -- in the
environmental area have required permits, the
8251
fact that they require permits makes them
ineligible for funding. Because
traditionally, activities that are regulated,
to the extent that they are required to be
permitted, have an industrial component to
them, or industrial motivation, incentive.
Therefore, they make profits. Therefore, why
would you give them an incentive to do it?
Now we have a situation that does
not fall into that classification. We now
have a situation where it is primarily a
municipal operation. But now we're requiring
that they be permitted in addition. So
therefore, the permitting process that would
normally apply to an industrial application
now applies to a municipal one. Hence the
need for the change in the legislation.
SENATOR OPPENHEIMER: This has
inspired an additional question.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield for another question?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: Actually, a
8252
few questions.
SPEDES permits, which were always
required for industrial waste disposal in the
water, is totally separate from nonpoint
source, which is this. Now, this legislation,
are you telling me that in the past we did not
have any funding available for nonpoint source
pollution?
This may be a bit boring for most
people. I'll tell you why it's good for me.
SENATOR BALBONI: Mr. President,
through you. A SPEDES permit applies to point
source pollution.
SENATOR OPPENHEIMER: Point
source, right.
SENATOR BALBONI: These are
nonpoint source pollution operations. And
therefore, that's why this is a separate and
distinct situation from the SPEDES.
SENATOR OPPENHEIMER: Oh, I
understand that.
What the question was -- I'll just
reiterate. Did we have funding for nonpoint
source pollution in the past coming from the
state to municipalities?
8253
SENATOR BALBONI: Yes.
SENATOR OPPENHEIMER: And that
money did not come down through this stream,
which is the EPF, it always came down under
EFC.
SENATOR BALBONI: No, it came
from EPF.
SENATOR OPPENHEIMER: It did come
from EPF.
SENATOR BALBONI: It came from
EPF.
SENATOR OPPENHEIMER: Okay.
Well, then, I have a question, if the Senator
will yield again.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: How large
is the nonagricultural point source EPF
account currently funded at? And do you
expect the account to be very much increased
now that we have these additional requirements
8254
made on the fund?
SENATOR BALBONI: Mr. President,
allow me to be specific. Senator, the
legislation does not create any new
opportunities for funding. It rather
continues the availability of funding for
projects that would otherwise have been funded
had there not been this permitting
requirement.
SENATOR OPPENHEIMER: Okay. Now,
I see that there are -
ACTING PRESIDENT MEIER: Senator
Oppenheimer, do you wish the sponsor to
continue to yield?
SENATOR OPPENHEIMER: Yes.
ACTING PRESIDENT MEIER: Do you
yield, Senator Balboni?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: Which
entities are currently not able to access EPF
funding for this nonpoint source and they're
going to now be made eligible? You say that
8255
there are 225 entities that will now be coming
in in the course of the next year for this
funding. Which of these new entities?
SENATOR BALBONI: Mr. President,
information that might be helpful in your
deliberations on this piece of legislation,
Senator, is the fact that in the budget
resolution adopted by this house there's an
additional $4 million appropriated for these
types of projects to help meet the funding
requirements of these projects, particularly
if this bill passes.
SENATOR OPPENHEIMER: Thank you,
Senator. One more question, if you will
yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield?
SENATOR BALBONI: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: I have some
trouble understanding why a school district -
or I can understand, I guess, almost
everything but a school district. Why would a
8256
school district be able to come in for the
nonpoint source when it is the municipality or
the sewer district or other entities? Where
would a school district fit into this?
SENATOR BALBONI: I'm sorry, Mr.
President, through you. Would you care to
point to the reference that says "school
district"?
SENATOR OPPENHEIMER: Okay, so
there wasn't a specific reference. All right.
Someone had told me that. Okay. Excellent.
SENATOR BALBONI: Mr. President,
through you, it is my information that this
applies to storm drains built by
municipalities. To the extent that a school
district would build a storm drain, they might
be eligible. I do not know.
SENATOR OPPENHEIMER: It does
say -- I thought I saw "school districts."
SENATOR BALBONI: Yeah. Where?
SENATOR OPPENHEIMER: Well,
supervisory district also. But it does say
"school district."
SENATOR BALBONI: Oh, okay.
SENATOR OPPENHEIMER: And from my
8257
knowledge, it is a municipality or a sewer
district that controls the development of
storm water drains.
SENATOR BALBONI: In other words,
you're referring to line 6 of the first page
of the bill, as to the reference.
That definition of "municipality"
tracks the definition of "municipality" used
throughout law.
SENATOR OPPENHEIMER: Uh-huh.
Okay. Thank you, Senator.
SENATOR BALBONI: You're very
welcome.
SENATOR OPPENHEIMER: On the
bill.
The reason I was pursuing this so
closely is because I think my village is
probably nonpoint source pollution capital of
New York State. And -- yes, it's very sad.
And we have done many things to try and bring
this under control.
Because our harbor now, where we
have a beach and lovely facilities for our
community, has been closed to swimming. This
will be its second or third year that it will
8258
be closed to swimming. And it is not so much
point source but nonpoint source. And it is
an issue of grave concern.
We have smoke-tested houses so that
we see where those houses that originally were
supposed to, of course, be tied in with their
gutters and leaders into their storm water
system have indeed tied their gutters and
leaders with the rainwater flowing through
into their sanitary systems, because it is
closer to the house and so therefore the cost
is not so severe.
We're looking for all the help we
can get. It's not just my particular village,
but also the whole drainage area that comes
down to our sewer treatment plant.
So this is an important source of
funding, and we will be pursuing it. And
thank you for explaining to me the changes
that were necessary to continue the funding.
I'll be voting yes.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
8259
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
822, by Senator Maziarz, Senate Print 4057, an
act to amend the Not-for-Profit Corporation
Law, in relation to allowing.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Maziarz, an explanation has been requested of
Calendar 822 by Senator Paterson.
SENATOR MAZIARZ: Thank you very
much, Mr. President.
This bill would amend the
Not-for-Profit Corporation Law to allow the
South Lockport Volunteer Fire Company to
appoint more than 45 percent of its members
from outside the town of Lockport.
The town of Lockport is immediately
adjacent to the city of Lockport. And
8260
although the South Lockport Volunteer Fire
Company has no town residents on its waiting
list who are requesting membership, they have
several residents from the city of Lockport
who are requesting to join the volunteer fire
service but are prohibited from doing so by
the Not-for-Profit Corporation Law.
This particular piece of
legislation would exempt the South Lockport
Volunteer Fire Company from that particular
restriction.
And I might add that since 1998,
several volunteer fire companies within the
State of New York -- I'll just mention a
couple, Mr. President. Mechanicstown and
Goodwill Fire Departments in Orange County,
the Jericho Fire District in Nassau, the
Orangeburg Fire District in Rockland County,
and North Castle South District Number One in
Westchester County have all been granted
similar exemptions by legislation.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
8261
I hope that Senator Maziarz's birthday that he
celebrated Friday was satisfactory, because
the explanation was certainly satisfactory.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President,
would you please lay aside for the day
Calendar Numbers 505 and 966.
ACTING PRESIDENT MEIER:
Calendars 505 and 966 will be laid aside for
the day.
SENATOR McGEE: If we could
return now to reports of standing committees,
please.
ACTING PRESIDENT MEIER: Order of
8262
reports of standing committees.
SENATOR McGEE: I believe there's
a committee report from the Rules Committee.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 84, by Senator
Hoffmann, an act to amend the Penal Law.
1133, by Senator Alesi, an act to
amend the Penal Law.
1342, by Senator Saland, an act to
amend the Criminal Procedure Law.
2121, by Senator Kuhl, an act to
amend the Education Law.
2205A, by Senator Santiago, an act
authorizing the City of New York.
2519, by Senator Kuhl, an act to
amend the Environmental Conservation Law.
3374, by Senator Alesi, an act to
amend the Retirement and Social Security Law.
4216, by Senator Seward, an act to
amend the Alcoholic Beverage Control Law.
4512, by Senator Johnson, an act to
8263
amend the Criminal Procedure Law.
4722, by Senator Velella, an act to
amend the Penal Law.
4723, by Senator Velella, an act to
amend the Penal Law.
5308, by Senator A. Smith, an act
authorizing the City of New York.
And 5313, by Senator Volker, an act
to amend the Penal Law and the Correction Law.
All bills ordered direct to third
reading.
SENATOR McGEE: Move to accept
the report of the Rules Committee.
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 of the Rules Committee is accepted.
SENATOR McGEE: Mr. President, is
there any more housekeeping at the desk?
ACTING PRESIDENT MEIER: The
8264
bills on the Rules Committee report will be
sent directly to third reading.
We have some motions, I believe,
Senator.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Meier, on page
number 61, I offer the following amendments to
Calendar Number 915, Senate Print Number 4094,
and ask that said bill retain its place on
Third Reading Calendar.
ACTING PRESIDENT MEIER: Thank
you, Senator. The amendment is received and
adopted, and the bill will retain its place on
the Third Reading Calendar.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
On page number 23, I offer the
following amendments to Calendar Number 466,
Senate Print Number 4022, and ask that said
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
8265
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT MEIER: Senator
Morahan.
SENATOR MORAHAN: Mr. President,
on page 22, I offer the following amendments
to Calendar 451, Senate Bill 4023, and I ask
that the bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator McGee.
SENATOR McGEE: Is there any
further housekeeping at the desk?
ACTING PRESIDENT MEIER: That is
all that we have at the desk, Senator.
SENATOR McGEE: There being no
further business, I move we adjourn until
Wednesday, May 30th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
8266
Wednesday, May 30th, at 11:00 a.m.
(Whereupon, at 4:30 p.m., the
Senate adjourned.)