Regular Session - June 4, 2001
8506
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 4, 2001
3:08 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
8507
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and to join me in reciting the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may I ask that we all bow
our heads in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, June 3, the Senate met pursuant to
adjournment. The Journal of Saturday, June 2,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
8508
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President, I
wish to call up Calendar Number 782, Assembly
Print Number 7699.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
782, by Senator Lack, Senate Print 3751, an
act to amend the Estates, Powers and Trusts
Law.
SENATOR McGEE: I now move to
reconsider the vote by which this bill was
submitted for my bill, Senate Print Number
3751, on May 9th.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR McGEE: On behalf of
8509
Senator Lack, I now move that the Assembly
bill, Number 7699, be committed to the
Committee on Rules and that Senator Lack's
Senate bill be restored to the order of the
782 calendar.
ACTING PRESIDENT MEIER: On the
motion, all those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
motion is agreed to.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Mr. President, I
wish to call up Calendar Number 421, Assembly
Print Number 1768.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
421, by Senator Rath, Senate Print 2628.
8510
SENATOR RATH: I now move to
reconsider the vote by which this Assembly
bill was substituted for my bill, Senate Print
Number 2628, on April 25th.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
SENATOR RATH: I now move that
Assembly Bill Number 1768 be committed to the
Committee on Rules and my Senate bill be
restored to the order of Third Reading
Calendar.
ACTING PRESIDENT MEIER: On the
motion, all those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
motion is agreed to.
SENATOR RATH: Mr. President, I
now offer the following amendments.
8511
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, amendments are offered to the
following Third Reading Calendar bills:
Sponsored by Senator LaValle, page
number 20, Calendar Number 416, Senate Print
Number 1885.
Senator LaValle, page number 21,
Calendar Number 446, Senate Print Number 3368.
By Senator LaValle, page number 40,
Calendar Number 710, Senate Print Number 2340.
By Senator LaValle, page number 41,
Calendar Number 721, Senate Print Number 4648.
By Senator Goodman, page number 43,
Calendar Number 753, Senate Print Number 3815.
By Senator Hannon, page number 47,
Calendar Number 798, Senate Print Number 4317.
By Senator Kuhl, page number 50,
Calendar Number 856, Senate Print Number
3103A.
By Senator Seward, page number 52,
Calendar Number 886, Senate Print Number
5100A.
8512
By Senator Kuhl, page number 57,
Calendar Number 961, Senate Print Number 1963.
And by Senator Saland, page number
57, Calendar Number 963, Senate Print Number
3204.
ACTING PRESIDENT MEIER: Are you
done?
SENATOR FUSCHILLO: Do you accept
them?
ACTING PRESIDENT MEIER: Senator
Fuschillo, the amendments are received and
adopted, and the bills will retain their place
on the Third Reading Calendar.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Thank you, Mr.
President.
I would like to make a motion to
call up actually Senator Stafford's bill,
Print Number 2368, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
8513
353, by Senator Stafford, Senate Print 2368,
an act to amend Chapter 138 of the Laws of
1984.
SENATOR BALBONI: Mr. President,
I now move to reconsider the vote by which the
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: Mr. President,
I now offer the following amendments on behalf
of Senator Stafford.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR BALBONI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Balboni.
SENATOR BALBONI: In addition to
which, I'd like to move that the following
bill be discharged from its respective
committee and be recommitted with instructions
to strike the enacting clause: On behalf of
8514
Senator Maltese, Senate Bill Number 35A.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR BALBONI: Thank you.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President, I
believe there are some substitutions at the
desk. If we could make them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 6,
Senator Seward moves to discharge, from the
Committee on Rules, Assembly Bill Number 4144
and substitute it for the identical Senate
Bill Number 1574, Third Reading Calendar 88.
On page 33, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5637 and substitute it
for the identical Senate Bill Number 2518,
Third Reading Calendar 629.
And on page 35, Senator Padavan
moves to discharge, from the Committee on
Rules, Assembly Bill Number 8433 and
substitute it for the identical Senate Bill
8515
Number 4413, Third Reading Calendar 657.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Would you please
recognize Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
On behalf of Senator Connor, I wish
to recall Bill Number 5090A, recalled from the
Assembly, which is at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
995, by Senator Connor, Senate Print 5090A, an
act to authorize the St. Ann's School.
SENATOR PATERSON: Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT MEIER: Call the
8516
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 38.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on behalf of Senator Connor, I wish to offer
the following amendments at this time.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, on page number 8 I offer the
following amendments to Calendar Number 133,
Senate Print Number 1263, and ask that said
bill retain its place on the 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 MARCELLINO: Thank you.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
8517
we're out of the realm of order here, but in
keeping with our ecumenical nature here, since
today or tonight is going to be the Irish
legislators -- what did I say -- Italian
legislators -- I'm okay.
I was about to say that we have
here a guest who is one of the leaders of the
Irish, the country of Ireland, the Honorable
Barry Robinson, who is the Consul General of
Ireland, a wonderful gentleman who has been
very, very helpful to not only the American
Irish Legislators Association over the
years -- he's been here now for 4½ years and
is about to be rotated to Dublin and then on
to Belgium, I believe. And he's been
extremely helpful to us.
He's a fine gentleman who I know a
lot of the members of this house know and have
met in the past. He's already been, I
believe, to the Assembly and was introduced
there.
And I just wanted to introduce him
and say that we thank you for your service and
we hope that you'll stop back and see us at
some time in the future, and good luck in your
8518
new assignment.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Maltese.
SENATOR MALTESE: I certainly
join my colleague Senator Volker in extending
our congratulations and our welcome.
I wish to extend that welcome to
attend the festa tonight, which will be held
in Troy, held by the Italian-American
Legislators Conference.
And certainly we welcome not only
the Italian-Americans but all those who are
Irish-American or would like to be either
Irish-American or Italian-American.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
88, substituted earlier today by Member of the
8519
Assembly Sidikman, Assembly Print Number 4144,
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.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
124, by Member of the Assembly Weprin,
Assembly Print Number 3145, an act to
authorize the Dormitory Authority.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
8520
is passed.
THE SECRETARY: Calendar Number
132, by Senator Stafford, Senate Print 846, an
act to amend the Labor Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2 -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
225, by Senator Trunzo, Senate Print 1237A, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
8521
278, by Senator Bonacic, Senate Print 1511, an
act to amend the Workers' Compensation Law, in
relation to treatment coverage.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
283, by Senator Morahan, Senate Print 514A, an
act to amend the Highway Law, in relation to
designating.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
286, by Senator Kuhl, Senate Print 3071A, an
act to amend the Vehicle and Traffic Law, in
8522
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.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
358, by Senator Rath, Senate Print 3676, an
act to amend the Real Property Tax Law, in
relation to the definition and use.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect September 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
8523
THE SECRETARY: Calendar Number
399, by Senator Hoffmann, Senate Print 4142,
an act to amend the Agriculture and Markets
Law, in relation to the New York State Cattle
Health Assurance Program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
420, by Senator Trunzo, Senate Print 2594A, an
act authorizing the Town of Islip.
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.)
8524
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just to
explain my vote in a familiar refrain, Mr.
President.
This bill, which is again a
property tax abatement bill that we should
have nothing to do with -- this should be done
by the County of Suffolk and not by the New
York State Legislature -- this bill relates
to, apparently -- Senator Trunzo, again, I
commend you for your advocacy in bringing it
here. But this bill relates to property taxes
that have accrued over the last three years, a
three-year period.
This is a continuing -- frankly,
a -- in my judgment, either a lawyer
malpractice relief bill, or we are in essence
telling communities that they can forget the
fact that they're a church and they're paying
taxes, which they should not do, and
nonetheless we are abating taxes that have
accrued over three years.
Someone was either asleep at the
switch, their attorney is guilty of
8525
malpractice, and we go back to the fundamental
principal again.
Let's pass a statewide bill that
allows property tax exemptions in this
instance in Suffolk, in overburdened Nassau
County, which seems to show up all the time,
or even in Monroe County, where the same
public policy should apply to give assessors
the ability to apply tax exemptions in these
cases. It seems to me that's the easy way to
do it.
I'm going to vote no on these bills
until we do that, come up with a statewide
remedy.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 53. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
495, by Senator Stafford, Senate Print 4138,
an act to amend Chapter 517 of the Laws of
8526
2000.
ACTING PRESIDENT MEIER: 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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
512, by Senator Rath, Senate Print 4247, an
act to amend the Real Property Tax Law, in
relation to cooperative.
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, 54.
ACTING PRESIDENT MEIER: The bill
8527
is passed.
THE SECRETARY: Calendar Number
562, by Senator Goodman, Senate Print 3915A,
an act to amend the Public Officers Law and
the General Construction Law, in relation to
the use of telephone conferencing.
ACTING PRESIDENT MEIER: 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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
591, by Senator Balboni -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
594, by Senator Johnson, Senate Print 3255, an
act authorizing the assessor of the Town of
8528
Babylon.
SENATOR PATERSON: Lay that
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
626, by Senator Hannon, Senate Print 2451, an
act to amend the Public Health Law, in
relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
639, by Senator Goodman, Senate Print 663, an
act to amend the Penal Law, in relation to
gambling offenses.
ACTING PRESIDENT MEIER: Read the
last section.
8529
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
651, by Senator Volker, Senate Print 3794, an
act to amend the -
SENATOR HASSELL-THOMPSON: Lay it
aside.
THE SECRETARY: -- Banking Law,
the Civil Practice Law and Rules, and the
Criminal Procedure Law.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
671, by Senator DeFrancisco, Senate Print
4919, an act to amend the Economic Development
Law, in relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
8530
THE SECRETARY: Section 2. This
act shall take effect 120 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
729, by Senator Kuhl, Senate Print 2315, an
act to amend the Agriculture and Markets Law
and the Vehicle and Traffic Law.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
749, by Senator Velella, Senate Print 4272, an
act to amend the General Business Law, in
relation to making technical corrections.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect -
ACTING PRESIDENT MEIER: Hold it.
8531
Senator Skelos.
SENATOR SKELOS: Mr. President, I
may have made an error here. Was 721 laid
aside for the day?
ACTING PRESIDENT MEIER: No.
Senator, that bill was amended, so it's high.
SENATOR SKELOS: Okay. And
Calendar Number 671, was that passed?
ACTING PRESIDENT MEIER: Yes, it
did.
No, it was laid aside for the day.
SENATOR SKELOS: If we could
return to 729, by Senator Kuhl.
ACTING PRESIDENT MEIER: The
Secretary will return to Calendar 729.
THE SECRETARY: Calendar Number
729, by Senator Kuhl, Senate Print 2315, an
act to amend the Agriculture and Markets Law
and the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
8532
THE SECRETARY: Calendar Number
749, by Senator Velella -
SENATOR SKELOS: Lay that aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
827, by Senator Bonacic, Senate Print 5117, an
act to amend the Public Authorities Law, in
relation to the powers of the State of
New York Mortgage Agency.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
838, by Senator Trunzo, Senate Print 3558, an
act to amend the Penal Law, in relation to the
unlawful sale of tobacco products to a child.
8533
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
839, by Senator Volker, Senate Print 3583, an
act to amend the Penal Law, in relation to
loitering.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
840, by Member of the Assembly Lentol,
Assembly Print Number 1867, an act to amend
the Penal Law and others, in relation to
making technical corrections.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
8534
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
853, by Senator Morahan, Senate Print 1115A,
an act to amend the Vehicle and Traffic Law,
in relation to increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
872, by Senator Wright, Senate Print 3929, an
act to amend the Public Service Law, in
relation to authority.
8535
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
877, by Senator Wright, Senate Print 5206A, an
act to amend the Public Service Law, in
relation to protection.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
973, by Senator Kuhl, Senate Print 2121, an
act to amend the Education Law, in relation to
optional retirement programs.
ACTING PRESIDENT MEIER: Read the
8536
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.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
982, by Senator Volker, Senate Print 5313, an
act to amend the Penal Law and the Correction
Law, in relation to the new crime of gang
sexual assault.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect November 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
8537
994, by Senator Stafford, Senate Print 4840,
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.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1003, by Senator Santiago, Senate Print 2740,
an act to amend the Penal Law, in relation to
committing the crime of looting.
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.
8538
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1004, by Senator Wright, Senate Print 2950, an
act to amend the County Law, in relation to
the electronic recording.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1006, by Senator Hassell-Thompson, Senate
Print 3478, an act in relation to permitting
the Church of Jesus Christ, Incorporated.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
8539
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
And the chair notes that is Senator
Hassell-Thompson's first bill.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1007, by Senator LaValle, Senate Print 3899,
an act to amend the Public Authorities Law, in
relation to tax-exempt status.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1008, by Senator Velella, Senate Print 4278,
8540
an act to amend the Alcoholic Beverage Control
Law, in relation to photo identification
cards.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
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
1009, by Senator Velella, Senate Print 4280,
an act to amend the Vehicle and Traffic Law,
in relation to reporting of accidents.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
8541
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1010, by Senator Hannon, Senate Print 4490, an
act to amend Chapter 293 of the Laws of 1999.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1011, by Senator Saland, Senate Print 4895, an
act to amend Chapter 566 of the Laws of 1967.
SENATOR PADAVAN: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1012, by Senator Rath, Senate Print 5326, an
act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT MEIER: Read the
8542
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Padavan, that concludes the
reading of the noncontroversial calendar.
SENATOR PADAVAN: Mr. President,
let us proceed to the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
132, by Senator Stafford, Senate Print 846, an
act to amend the Labor Law, in relation to
licenses.
SENATOR DOLLINGER: Explanation.
SENATOR PADAVAN: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
8543
THE SECRETARY: Calendar Number
278, by Senator Bonacic, Senate Print 1511, an
act to amend the Workers' Compensation Law, in
relation to treatment coverage.
SENATOR DOLLINGER: Explanation.
SENATOR BONACIC: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Bonacic.
SENATOR BONACIC: Last year the
Legislature did a wonderful thing. We passed
a law that provided for volunteer firemen or
police department or emergency medical
technicians that, in the course of their duty,
if ever they came into contact with blood from
doing their duty, they would have to undergo a
series of tests to see if the patient they
were involved with had the HIV virus.
Now, those tests could cost up to
$3,500. If those tests were negative, then
that particular volunteer had to pay that
money out of their own pocket.
We felt that was an injustice, that
that should be part of the workers' comp
coverage. And we passed a law so today, if
8544
that situation would occur, if the tests were
negative, the state would pick up that
expense. And that was signed into law by the
Governor.
What this bill does is a technical
amendment to that law that says an executive
officer of that fire department, that police
department, will just certify that that was a
member of that organization entitled to the
compensation for those tests. That's what the
bill does.
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
594, by Senator Johnson, Senate Print 3255, an
act authorizing the assessor of the Town of
8545
Babylon.
SENATOR DOLLINGER: Just to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Let's
get the bill before -- 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
Dollinger, to explain his vote.
SENATOR DOLLINGER: Thank you,
Mr. President.
I'd like to cast my vote against
this as a member of the New York state
assessment board, because more and more, since
we do now two or three of these bills in every
calendar, we're becoming, instead of the State
Legislature, we're starting to look more and
more and like the state assessment review
board and we're granting tax exemptions to
institutions that clearly qualify for them,
that are clearly entitled to them, but, either
through attorney malpractice or failure to a
8546
file in a timely fashion or failure to have an
adjustment at the time of closing, need a
property tax exemption.
I would suggest to my colleagues
from Nassau and Suffolk and the City of
New York and all the places that we are now
granting property tax abatements to, let's do
the statewide bill and get us out of this
business. Then we can turn our time and
attention to perhaps things like budgets and
other things, and get those done.
I'm going to vote no, Mr.
President. I'm going to consistently vote no.
I've voted no against my leader and my
colleagues. I'll continue to vote no until we
stop acting like a special assessment review
board and start acting like the State
Legislature.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 54. Nays,
1. Senator Dollinger recorded in the
negative.
8547
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
651, by Senator Volker, Senate Print 3794, an
act to amend the Banking Law and others, in
relation to civil forfeiture proceedings.
SENATOR HASSELL-THOMPSON:
Explanation.
SENATOR PADAVAN: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
729, by Senator Kuhl, Senate Print 2315, an
act to amend the Agriculture and Markets Law
and the Vehicle and Traffic Law, in relation
to exempting.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Kuhl, an explanation has been requested by
Senator Paterson.
SENATOR KUHL: Thank you, Mr.
President.
This bill has a very simple
purpose. Back about seven years ago, when we
8548
passed a piece of legislation, included in
that piece of legislation dealing with motor
vehicle safety was a provision that would
include farm and, I quote, farm-plated
vehicles to require individual liability
insurance.
Up until that time, it was not
required. And there really was no purpose
other than some people thought that -- like
the Trial Lawyers Association -- if there was
more insurance coverage, in fact that their
claims might be more successful.
This bill simply would exclude that
coverage from being required. It would take
us back to the pre-1994 requirements relative
to providing insurance liability coverage for
farm-plated vehicles.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: This is my
annual discussion that I have with Senator
8549
Kuhl about the farm-plated vehicles.
And although I've been unable to
really find in the case law any time when the
farm-plated vehicles were ever in any
accidents off of the farm -- meaning that the
situation that I'm about to allude to is one
that would be speculative -- but nonetheless,
one of the reasons that I think the
legislation was passed in 1994 was to make
sure that there was insurance for any type of
vehicular accident regardless of what type of
vehicle it was.
Now, this is, of course, very
difficult, because these are vehicles that are
exclusively used on farms, they are trucks or
just -- they carry supplies or can move farm
equipment around. And certainly it's an
encumbrance on the farmer who -- all of whom
have been in a rather difficult strait and one
that demands greater sensitivity and
understanding, particularly by this
Legislature.
What we suggested in previous
debates is that an ample substitute would be
if the farmer's umbrella insurance policy
8550
would actually cover this. And in some
research that we've done over the years, we've
found that, for instance, if the farm-plated
vehicle were ever to go outside of the
perimeters of the farm, it's a gray area; it's
probably not covered by the umbrella insurance
policy. Certainly one of the local insurance
companies or a couple of them that we checked
with felt that way.
And so it creates a dilemma and,
really, competing values. We don't want to do
anything to add to the cost of running a farm.
At the same time, as we read in the newspapers
every day, there are incidents where
individuals -- maybe a younger person engaging
in some kind of mirth or joyride or something
like that -- could actually do this. It is
possible.
And if somebody were injured, we
wouldn't want anybody in this state and
presumably in those areas -- perhaps another
farmer or the family member of another
farmer -- to be injured in any kind of an
altercation with one of these vehicles.
And this is why some of us in the
8551
past have voted against the legislation. We
don't really, in the end, want to see any
added cost go to the farmers. But what we
would like, once and for all, is for someone
to clear up how anyone that would perhaps be
in an accident with one of these vehicles
would be covered under the policy.
And if Senator Kuhl would yield for
a question.
SENATOR KUHL: I'd be happy to
yield.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR PATERSON: That's simply
my question, Senator. What would happen if
another person driving another vehicle was hit
or a pedestrian was hit by one of these
vehicles at a time -- and I preface this by
letting you know that I understand that it's
not speculative, but I can't think of an
incident where it's happened. But I guess as
a legislature, there is some foreseeability.
That is our charge and to some degree our
responsibility.
And if that were to happen, what do
8552
you see as the possible coverage?
SENATOR KUHL: Well, Senator,
number one, you're absolutely correct in your
analysis that there are very few, if any,
accidents on record dealing with farm-plated
vehicles.
The requirements and restrictions
placed on a farm vehicle limit the area in
which this vehicle can in fact travel. So you
have not tractors, necessarily, but you have
vehicles that are used for a specific purpose
maybe once or twice during the course of a
year that in fact they might be caught
carrying watermelons, for instance, from the
field back to the farm. They're very, very
restricted in their use.
Now, I just wanted to make sure you
were listening, Senator. I was waiting for
you to conclude your conversations. You're
having about four of them all at once there,
and I know that you're having a hard time
hearing my explanation.
But if there were to be an
accident, let's take in any case, and in the
particular litigious society that we live in,
8553
if it was Senator Dollinger who happened to be
there next to the ambulance or whatever, we
know that there would be a claim filed against
the farmers.
Most farmers prior to 1994 -- and
our system has not changed significantly since
that time -- have protected themselves against
that lawsuit. So they've provided for general
liability coverage under farm policies that
would cover this type of vehicle.
Now, what we did is we required
them to go and get an additional policy
specifically for each one of these vehicles,
which obviously creates a tremendous cost to
them. This bill, again, goes to eliminate
that.
Now, most farmers, as you know, and
most individuals, use insurance for protecting
themselves. If they don't have insurance,
then they throw their assets; if you will,
potentially make them liable or eligible to
be -- to have a claim set against them by any
particular claimant. So if a farmer has a
farm of, say, relatively large substance, a
couple of hundred acres, he or she has a
8554
significant investment. So if they don't
insure themselves, then they subject their
livelihood and the farm to a claim for any
kind of an accident against them.
So whether there is a private
insurance company providing insurance for them
or not, they have in effect provided insurance
coverage in the not literal sense, but in the
sense that they have assets to back up any
claims against them.
And as you know, a farmer's wealth
really is in his assets. And they have
significant values in their -- not only their
equipment, but if they have dairy farms, in
their animals, or some other type of animal
farm, or in their land, which most of them
have.
So there is no real reason why we
should require farmers to overinsure and
overprotect for that unique or very, very
extreme and very infrequent situation where
there may be an accident and somebody is in
fact subjected to some sort of pain and some
potential relief.
ACTING PRESIDENT MEIER: Senator
8555
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. If Senator Kuhl would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for another question?
SENATOR KUHL: Yes, I'd be happy
to.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, thank
you for your answer. In fact, thank you for
both of your answers.
And I agree that it would seem
fruitless in a highly speculative and remote
possibility such as the one that we're talking
about -- although I don't know how frequently
these farm-plated vehicles are driven perhaps
off the premises, not even in the instance
that I cited. But perhaps somebody just uses
them in place of a vehicle at some point, just
to take something to another location and so
forth.
But my question relates to the
ability to seize against a person who would
8556
cause an accident. And I would suggest to you
that that's the same option that the victim of
an accident would have against anybody. In
other words, if they have any assets and you
can find them and you can make a claim against
them, I guess you can actually receive them.
But what we've tried to do as a society, to
make that whole process of finding assets a
little easier, is to provide insurance.
Do you think in this case it would
be better to leave it the way it was before
1994, when we passed this legislation, and
leave to a potential victim -- who, we must
remember, might be in very much the same
circumstances as the farmer. It might be
another farmer who has to exhaust costs to try
to sue in this type of a situation.
Do you think it would be better to
leave the law the way it was in 1994?
Obviously, because you've written this. But
I'm just saying you're comfortable with the
final result that the victim has no better
action against this farmer than any other
person they might run into on the road?
SENATOR KUHL: Senator, I'll go
8557
back to 1994. When we included this provision
in the law I objected to it then, didn't think
it was necessary. But there were some people
who felt that it was no problem, setting aside
the cost. The costs turned out to be larger
than they had anticipated.
But, yes, I'm comfortable with
that. Because one of the -- and we have had
this debate on this floor as to whether or not
the current minimum limits on liability
insurance on vehicles are adequate. We've
discussed the question of whether or not there
should be increased provisions for uninsured
operators.
But there is security in this
particular situation, because farmers are
asset-laden. They have land, they have
equipment, they have animals. And as you
know, there's nobody who is going to leverage
a large percentage of the assets on farm
operations. As a matter of fact, farmers have
more difficulty getting loans than any other
business operation in this state today.
So if there's anything that we've
done, that is to duplicate the actual
8558
insurance coverage. Because now we're
actually asking them to jeopardize their
assets by including another fee which is
totally unnecessary.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, will Senator Kuhl yield to just one
question.
ACTING PRESIDENT MEIER: Senator
Kuhl, will you yield for one question?
SENATOR KUHL: Yes.
SENATOR DOLLINGER: Does -- does
the -- does the provision of the -
ACTING PRESIDENT MEIER: Whoa,
just a second.
The Senator yields?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: Go
ahead.
SENATOR DOLLINGER: Thank you.
Does the provision of the 1994 law
create no-fault benefits in the event that
someone's injured in the operation of one of
these farm-plated vehicles? Is that -- in
8559
covering it with the general automobile
financial security act, does it include the
benefits of no-fault?
SENATOR KUHL: No. In my best
recollection, the 1994 statute dealt with
essentially vehicle safety provisions that
were coming down through the federal
government that we needed to incorporate to
make our law compliant.
And one of the provisions that was
added was this requirement that farm-plated
vehicles will individually have to have
minimum liability coverage. That was never
there before. There's no other speaking to
any other kinds of requirements, as I
remember.
SENATOR DOLLINGER: Okay.
Through you, Mr. President, just
one other follow-up question as a
clarification.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for another question?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
8560
SENATOR DOLLINGER: Under the
current law, if someone were injured in this
accident -- Senator Paterson has suggested we
haven't been able to find anyone if they have.
But if they were injured, would they be
covered by no-fault? I assume they have to
buy a general automobile or vehicle policy in
New York.
And the reason why I'm asking,
Senator Kuhl, is because, as you know, under
the no-fault statute, as distinguished from
your general liability policy, you get lost
wages and all your medical benefits paid for,
regardless of fault.
So whether the farmer is at fault
or not, if the vehicle is separately plated
and separately insured, they get a benefit
that wouldn't be available under the
comprehensive general liability policy of the
farm.
SENATOR KUHL: I don't know
specifically, Senator.
But in answer to your question as
to whether or not they've been insured, I've
never actually seen one of these policies
8561
written and digested it. I'm sure that there
are restrictions.
And Senator Paterson talked about
what if somebody was randomly taking this
outside of the restrictions placed on it.
Well, in that case probably the insurance
companies are writing the policies totally
restrictive around the regulations included in
the issuance of that registration. Which
would mean not more than 25 miles from the
farm and only for specific locations.
So if that were the case, it was
somebody who went and stole the farm-plated
vehicle, went out and got in an accident -
which we've never heard of that happening. I
mean, if you're going to steal a car, you take
one that has headlights, you take one that
has, you know, hubcaps and looks decent as
you're running down through the main street of
town, rather than something that has
watermelons falling off the back end of it or
something like that.
So I'm just saying, you know, it's
not often that you have one of these that's
misused. They're used totally in the
8562
operation of the farms. But should that
happen, I'm sure the policies are written
restrictively enough so that that policy, as
written, would not include that accident.
So that kind of convolutes my
answer to your question, because I can't be
specific to know exactly under what
circumstances, speculatively, this might
happen.
SENATOR DOLLINGER: Thank you,
Mr. President. Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I appreciate
what Senator Kuhl is trying to do here.
I've voted against this bill in the
past. I'm going to vote against it again,
because I think that one of the standards we
have, and I think it was affirmed in the 1994
legislation, was that any vehicle operating on
the highways of the state of New York should
have certain minimal insurance coverage on it,
number one.
And, number two, there's no reason
to make an exception from our general no-fault
8563
provisions. No-fault coverage, which was
enacted by this Legislature in the mid-1970s,
where we said to everyone, if you're going to
be on the road, you've got to have no-fault
insurance. Which means that regardless of
who's at fault in the accident, we're going to
pay you lost wages and we're going to pay for
the cost of your medical benefits.
And it seems to me that the farm
vehicles, that even in their limited use -
and I agree with Senator Kuhl, it's probably
very limited -- should still have that
protection available, not only for the driver
of another vehicle who might be involved in an
accident with a farm implement, but, frankly,
for the farmer himself.
Under the no-fault law, regardless
of fault, they would get that benefit,
coverage for lost wages and medical benefits
paid as well, which is not available under
comprehensive general liability insurance
coverage in this state.
And lastly, Senator Kuhl, I have to
bring up just one item on which I will
slightly disagree with you and the author of
8564
your memo in support of this bill. You
suggest here in some cases the cost of
obtaining insurance actually exceeds the cost
of the vehicle.
Senator Kuhl, I know you've had
young sons who have been through their driving
age. I have two of them. I own their motor
vehicles, Senator Kuhl. And I would suggest
to you that their vehicles are worth
substantially less than the cost of my buying
their insurance coverage for them.
If that were the test, Senator
Kuhl, then all those parents who own vehicles
for their children might as well give up. The
$500 to $600 car which costs $1700 to insure
would be a thing of the past. I would not
miss that, Senator Kuhl. I would feel a
wealthier man if that were the case.
But the mere cost of insurance
shouldn't stand in the way of having everyone
subscribe to our no-fault laws.
ACTING PRESIDENT MEIER: Senator
Kuhl.
SENATOR KUHL: Yes, Mr.
President, just briefly on the bill.
8565
Senator Dollinger indicated that
there was -- his thought was that the 1994
legislation required all motor vehicles on the
premises to be insured. That is not correct.
There are exclusions. Tractors, for instance,
are not -- what they call farm-plated
vehicles, they're not licensed or registered.
They are allowed on the highway. And there is
no insurance on them.
So just to correct your
misinformation, Senator Dollinger.
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 on the 60th day.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: Yes, I
also -
ACTING PRESIDENT MEIER: I'm
sorry, Senator. Let me ask him to call the
roll. My mistake.
Call the roll.
(The Secretary called the roll.)
8566
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I also vote
no on this bill. And my reasons are as
follows.
First of all, there seems always to
be a backhand shot at the trial bar thinking
that this is something that is to their
benefit. Quite frankly, if someone doesn't
have insurance and injures somebody and that
party cannot seek compensation, then the
public is going to pay for the injuries that
were caused by an individual. And that's
precisely why we have insurances like
automobile insurance.
If the standard is that if the
assets are worth a lot, like the farmer's, you
don't have to get automobile insurance, then
do we exempt every person who has a lot of
assets because they're wealthy in a different
way? That's not the standard, and that's not
prudent.
I would be more than happy to
support this bill with one small amendment:
If the farmer could prove that, through some
8567
other insurance or a rider to his other
liability insurance or her other liability
insurance, this type of problem were covered.
And it's not provided here. And
people can be injured by these vehicles, and
they should be insured.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 729 are
Senators Brown, Connor, DeFrancisco,
Dollinger, Kruger, Lachman, Markowitz,
Onorato, Paterson, Schneiderman, and Stavisky.
Ayes, 45. Nays, 11.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
839, by Senator Volker, Senate Print 3583, an
act to amend the Penal Law -
SENATOR PADAVAN: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
8568
872, by Senator Wright, Senate Print 3929, an
act to amend the Public Service Law, in
relation to authority.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Wright, an explanation has been requested by
Senator Dollinger.
SENATOR WRIGHT: Thank you, Mr.
President.
This bill amends the Public Service
Law. And it does several things, all of which
is intended to facilitate competition within
the telecommunications industry.
First of all, it establishes the
incumbent local exchange carriers. That would
be your traditional phone providers.
Secondly, it requires that they
have permission and approval by the Public
Service Commission when it comes to any
transfer of franchise property or issuance of
debt. In turn, it then excludes the competing
companies from that same requirement, simply
requiring them to make a filing and register
with the Public Service Commission.
It goes on to further eliminate
8569
that requirement and replace it with
registration. It also changes the approval
period for a constructive grant of authority,
reducing it from 90 to 45 days.
And, lastly, it eliminates
references to the telegraph companies, which
were actually suspended in 1981.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will just yield
for one question.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for a question?
SENATOR WRIGHT: Yes, I will.
SENATOR MARCELLINO: The sponsor
yields.
SENATOR DOLLINGER: I'm
concerned, Senator Wright, about the provision
that allows the commission to, in essence -
do I understand this correctly, to reregulate
telephone companies in the event it determines
that reregulation to be in the public
interest?
I'm just interested in what the
8570
standards are for the determination of that.
SENATOR WRIGHT: Well, Senator, I
don't interpret it as doing that in terms of
reregulating. We're excluding a number of
requirements. They have always had
jurisdiction over the companies in New York as
it relates to debt issuance and transfer of
franchises.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT MEIER: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: On page 4 of
the bill, starting -- the "notwithstanding"
clause, line 14, which talks about
notwithstanding the previous provisions, any
application for approval shall be deemed
granted unless otherwise the -- determines in
8571
the public interest requires a commission
review. And it says "review its written
order."
I'm just trying to make sure I
understand what that provision deals with.
SENATOR WRIGHT: Senator, would
you give us the citation again, where you are?
SENATOR DOLLINGER: It's page 4,
line 13. It's the "notwithstanding" clause.
I just want to make sure I
understand this clause and its impact on this
bill.
SENATOR WRIGHT: Senator, that is
the constructive grant provisions that
currently call for a 90-day period that is
currently in effect with the telephone
companies, that is being reduced to 45 days.
Unless, as it further goes on to say, unless
the public interest requires the commission to
review its written order.
So the commission has the authority
to intercede if it chooses. Otherwise, it
goes forward after the 45 days. Which is
currently the case in 90 days.
SENATOR DOLLINGER: Okay. And
8572
through you, Mr. President, just one final
question.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield?
SENATOR WRIGHT: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I want to
make sure I understand the reference to
reregulation. I think it's referred to in the
bill memo.
Under what circumstances could
the -
SENATOR WRIGHT: I believe you're
referring to a section of the memo that speaks
to the telegraph provisions. The telegraph
provisions were suspended in 1981. This
provides for their elimination.
However, if there should be some
dramatic change in that industry -- which,
frankly, no one foresees in the course of the
next year -- but were that to be the case, it
would enable the commission to reestablish
regulations of the telegraph industry.
SENATOR DOLLINGER: Through you,
8573
Mr. President, let me just clarify this with
Senator Wright. And I appreciate his
patience.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for another question?
SENATOR WRIGHT: I do, Mr.
President.
Because it's the same section I was
questioning my counsel on, because the memo is
not very artfully crafted.
SENATOR DOLLINGER: The phrase
I'm referring to, Senator Wright, says -- in
the squib description of this bill it says
"authorize the PSC to reinstitute regulatory
requirements for competitive telephone
businesses one year after the bill's enactment
if necessary to protect the public interest."
And I guess my question is, does
the PSC already have that power, or are we
giving them that power de novo, now, in this
bill?
SENATOR WRIGHT: Senator, they
already have that power.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Wright will continue
8574
to yield.
SENATOR WRIGHT: Yes, I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Then what in
this bill changes that power? Is there any
alteration of that power in this bill?
SENATOR WRIGHT: Mr. President,
through you. The only changes that are made
here are relative to the issuance of debt and
the transfer of property. And that is
extended to competing telephone companies, to
encourage that.
We clearly identify incumbent local
exchanges, or what we refer to as the
providers of last resort, thereby ensuring
that there's access to service. We retain
oversight of those providers because they are
the providers of last resort. We extend
flexibility to new entrants into the market so
that we encourage and facilitate that
competition.
SENATOR DOLLINGER: Final
question, Mr. President, if Senator Wright
8575
will continue to yield.
ACTING PRESIDENT MEIER: Senator
Wright?
SENATOR WRIGHT: I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: On page 1 of
the bill, the section that I'm referring to I
think is the section that starts at line 13,
runs to line 18.
My only question, Senator Wright,
my concluding question is, are you satisfied
that the phrase "found necessary to protect
the public's interest" is one that the PSC has
an experience in determining with respect to,
in essence, the reinstitution of regulatory
control over that carrier of last resort, as
you describe it? Are you satisfied that we've
given them enough guidance on when they should
do that, if at all?
SENATOR WRIGHT: Mr. President, I
am. I'm satisfied that we have sufficient
experience, that we have sufficient history.
And, more importantly, they are still required
8576
to register, so that there is a notification,
an oversight provision by the Public Service
Commission.
SENATOR DOLLINGER: Thank 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, Mr. President.
I'm concerned about the overall impact of
telecommunications deregulation in this state.
I believe that it has experienced some
success. It has also undergone some necessary
or unnecessary glitches in the process.
I'm concerned about that "public
interest" phrase in the first page of the bill
and some of the changes there. But I'll
concur with Senator Wright. We do have some
experience in doing this. We've delegated
this power to the Public Service Commission
before.
My only concern is that as we go
through this new competitive marketplace in
telecommunications, we need to keep a careful
eye on it. And my hope is that while this
8577
bill is a justifiable extension of that
deregulation process, that we may have to
revisit these issues in the near future as
well. And we've got to stay attuned, keep our
eye on the ball, so to speak, Mr. President.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1004, by Senator Wright -
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Mr. President,
there's a Rules Committee meeting being held
in Room 332, the Majority Conference Room.
ACTING PRESIDENT MEIER: There
8578
will be a Rules Committee meeting in the
Majority Conference Room.
The Secretary will read.
THE SECRETARY: Calendar Number
1004, by Senator Wright, Senate Print 2950, an
act to amend the County Law, in relation to
the electronic recording of proceedings.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, will the sponsor yield just to one
question?
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for one question?
SENATOR WRIGHT: I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Through you,
Mr. President, does this bill still require
the county boards of supervisors to keep paper
records? Did they eliminate paper records
completely under this proposal?
SENATOR WRIGHT: Mr. President,
through you, the answer is no.
8579
Having both served in local
government, Senator, I'm sure you're aware of
all the paperwork and recordkeeping that goes
on. This does afford, though, the option of
using the electronically recorded proceedings
of the board, and thereby extending that
option.
And all of the requisite filings
can be done electronically if they so choose.
SENATOR DOLLINGER: Through you,
Mr. President, in view of Senator Wright's
answer, I'm going to vote in favor of this
bill.
My concern was that if you only had
electronically recorded records and you
weren't obligated -- I'm just going to explain
my position on the bill. I'm not even asking
any questions.
My concern was I think we still
have to keep paper available and we still have
to require government, even if they store them
electronically, to reproduce them on paper
under the Freedom of Information Act. My
concern was that if they're only required to
keep them electronically, and if in response
8580
to a Freedom of Information request they
delivered the records electronically, you
would need to have an electronic means of
reproducing them.
So long as they're still required
to keep them in paper or produce them for the
public in paper, I'm more than willing to vote
in favor of this bill. My concern was that we
would be allowing electronic recording of
meetings and other things that would in
essence reduce the public access to public
information.
We ought to be doing everything
possible to give our communities the ability
to save money by storing it differently but
require that they produce it in paper for a
public that may not be not fully attuned to
the electronic age.
I'll vote in favor, Mr. President.
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
8581
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1010, by Senator Hannon, Senate Print 4490, an
act to amend Chapter 293 of the Laws of 1999.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I understand
from the sponsor's memo in this case that we
are simply adding a lot, which is owned by a
tax-exempt organization, for which they failed
to promptly file to meet the taxable status
date for the extension of the real property
tax exemption to this lot.
I go back to something I said
earlier. We are, best I can tell, acting more
and more like the state assessment review
board than a state legislature.
8582
Senator Hannon, the sponsor of this
bill, has a bill that I know there are people
in this state that don't want to see passed,
like the assessors, who don't want all the
complications of partial property tax
exemptions.
But, Senator Hannon, we can have a
both-ways bill. We can have a bill that says
abate them when they deserve to be abated and
tax them when they deserve to be taxed. When
not-for-profit agencies sell the building,
there's no reason why the for-profit taxpaying
entity should get the benefit of the
not-for-profit tax status.
There are ways we can do this. I
know that Senator Hannon has a bill. I
remember -- I think we may have even debated
it here once. That's the right way to
approach it.
In the meantime, we continue,
frankly, to put in lots of time and print
bills and pay all this money to do something
that, frankly, we should empower local
assessors to do, grant partial property tax
exemptions. That's the solution.
8583
ACTING PRESIDENT MEIER: Senator
Hannon.
SENATOR HANNON: Just to clarify.
This bill and a few others like it
does not deal with the use, does not deal with
when the use is measured, because that's
already covered in law. This is a question of
filing and whether or not the time for filing
has been passed and whether we can give a
reprieve from that time for filing.
This specific bill happens to be
dealing with the fact that the original
description was not complete enough.
My esteemed colleague Senator
Dollinger is wrong on one thing. When a
not-for-profit sells a piece of land that was
exempt, the law already provides that it goes
right back on the tax rolls. So that the only
impediment we have is when the not-for-profit
is buying a piece of land and can show that
it's actually being used for exempt purposes,
it does not get the immediate availability.
It has to wait.
And so that's the problem my
general bill tries to address. Since we can't
8584
that get that passed, people are resorting to
this. I think with the question of time, with
the number of these partial bills, such as
Senator Thompson's earlier, we will get a
general change at some point.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
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, 56. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
132, by Senator Stafford, Senate Print 846, an
act to amend the Labor Law, in relation to
licenses.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
8585
Stafford, Senator Paterson has requested an
explanation of Calendar 132.
SENATOR STAFFORD: Thank you, Mr.
President. I didn't make the error today in
addressing the chair.
This bill, once again, you have to
have responsible people in this field. That's
why they have to be licensed. We have to make
sure that they're competent, careful, and
professional.
And what this does, rather than
have to get their license every year, they
would get one every three years. Also, since
it's $50 a year now, we're saying it would be
$150.
And again, people that are in this
field, it is a business. We need them. They
are responsible people. And we're trying to
make sure that we have good people,
professionals, but we are trying to decrease
the burden upon them as far as getting a
license every year, that they get one every
three years.
ACTING PRESIDENT MEIER: Senator
Paterson.
8586
SENATOR PATERSON: Mr. President,
I would just like the record to reflect that
last year Senators Duane, Stavisky, and
Montgomery voted in the negative.
And perhaps in light of the fact
that because of the highly flammable nature of
the products that come into possession of
these individual with licenses, that perhaps
an annual recounting and relicensing of them
would be preferable to a triennial one.
But I just wanted to point that
out, Mr. President.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, just briefly on the bill.
I have debated, I think, this bill
and made the statement similar to what Senator
Paterson made. And that is, I just see no
reason why we should reduce the time frame for
relicensure for people who are handling
essentially extremely dangerous material.
So I think I asked the question
before. Certainly, I've heard Senator
Stafford's explanation of why he wants to do
8587
it. But I am still concerned, and I will
continue to vote in the negative, just simply
because I think that we should not in any way
loosen our laws regulating the possession of
these kinds of materials.
I will be voting no, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, just very briefly.
This was a good bill three years
ago. This was a good bill two years ago. It
was a good bill last year. But it's missing
something this year. All three of the prior
years, Senator Stafford, my name was actually
on this bill.
This is a bill that actually came
up from an idea that was originally with just
my name on it. Then you joined in it because
of your concern up in the North Country, and
it was the Stafford-Dollinger bill. I thought
it was working its way to eventual passage.
I'm proud to say this year it may
even have a better prospect for passage. But
8588
it's missing the name of the person who
originally sponsored the bill. I guess that's
the way things work in the Senate sometimes,
is when they move from one side of the aisle
to the other they lose other names associated
with them.
But I'm going to vote in favor of
this. I thought it was a good idea when my
constituent called me and said, I really
shouldn't have to renew my license every year;
that, We're in the business of rock and
asphalt materials.
And I thought it was a good idea.
I still think it's a good idea. And I'm going
vote in favor of it. I just am surprised that
the metamorphosis is such that it's lost part
of what was once its distinguishing
characteristic.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I heard that when Martin Luther King used a
passage or a quote from someone else, that the
first time he quoted it, the second time he
said someone said it, and the third time he
8589
decided it was his.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Read the last section.
SENATOR STAFFORD: May I have my
name called, Mr. President, please.
I am one who is very -- well, shall
I say being here as long as I've been here, I
have done my best not to be in the situation
that's being suggested.
Now, I know Senator Dollinger had a
constituent. And my constituent in this is
John Kuhlsen, of Dannemora, New York. I grew
up in Dannemora, on the outside.
(Laughter.)
SENATOR STAFFORD: And -- but I
do want to point out that I do have a
constituent.
And I'll talk with you about this.
This is something that's fallen through the
cracks.
And I thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: To explain my
8590
vote, Mr. President.
ACTING PRESIDENT MEIER: Senator,
we haven't started the roll call yet.
SENATOR ONORATO: Oh, I thought
you called the roll.
ACTING PRESIDENT MEIER: Let us
do that, and then I'll recognize you to
explain your vote.
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
Onorato, to explain his vote.
SENATOR ONORATO: Mr. President,
I intend to vote for this legislation, in
spite of the fact that Senator Stafford and
Senator Dollinger have dissolved their
partnership.
(Laughter.)
SENATOR ONORATO: I vote aye.
ACTING PRESIDENT MEIER: Senator
8591
Onorato will be recorded in the affirmative.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I'll be very brief.
Senator Stafford, I want to make it
clear I don't presume any malevolent
intention. And it probably did just fall
through the cracks.
But I still think this is a good
idea. I think this is the kind of
overregulation of an industry, the sand and
gravel business, that we just don't need to
do. They don't need to do it every year. A
constituent called me who happens to be a
friend of mine that runs, I think, the largest
gravel pit in Western New York.
So we may not share the same
constituent, but we both have a constituent
that has the same problem. This is the kind
of overregulation we should do away with. And
I'd love to be on the bill but, more
importantly, I'd love to get it passed.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
Senator Montgomery, are you asking
8592
to be recognized?
SENATOR MONTGOMERY: Yes.
ACTING PRESIDENT MEIER: Senator
Montgomery, to explain her vote.
SENATOR MONTGOMERY: Yes, just
very briefly, Mr. President.
As I said before, I certainly want
to see this industry regulated. I think it's
dangerous materials. And we have much more
severe requirements for less dangerous
materials.
And so I think to ask people to
renew their license annually is not too much,
and I'm voting no on this legislation.
ACTING PRESIDENT MEIER: Senator
Montgomery will be recorded in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 56. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
8593
President, may we please return to the reports
of standing committees. And I believe there's
a report of the Rules Committee at the desk.
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 541, by Senator
Hoffmann, an act to authorize the County of
Onondaga.
2197, by Senator Volker, an act to
amend the Education Law.
3045A, by Senator Oppenheimer, an
act to authorize the City of New Rochelle.
3679, by Senator Volker, an act to
amend the Criminal Procedure Law.
3757, by Senator Stafford, an act
to authorize participation.
3775, by Senator Nozzolio, an act
to amend the Executive Law.
3865, by Senator Volker, an act to
amend the Criminal Procedure Law and the
Family Court Act.
8594
3965, by Senator McGee, an act to
amend the Real Property Tax Law.
4489, by Senator Hannon, an act in
relation to permitting.
4838, by Senator Stafford, an act
to amend the General Municipal Law and others.
5249, by Senator Balboni, an act to
amend the Environmental Conservation Law and
others.
5303, by Senator Balboni, an act in
relation to allowing.
And 5385, by Senator Volker, an act
to amend the Mental Hygiene Law and others.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, I move to accept the report of the
Rules Committee.
ACTING PRESIDENT MEIER: All
those in favor of accepting the report of
Rules Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
8595
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
All bills directly to third
reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: We have
some motions, Senator.
SENATOR MARCELLINO: Can we take
up those motions now, please.
ACTING PRESIDENT MEIER: Thank
you, we will.
Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Larkin, on
page number 45, I offer the following
amendments to Calendar Number 769, Senate
Print Number 3786, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
8596
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR McGEE: On behalf of
Senator Meier, Mr. President -
ACTING PRESIDENT MEIER: Thank
you.
SENATOR McGEE: -- on page number
38, I offer the following amendments to
Calendar Number 693, Senate Print Number 4865,
and ask that said 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: Thank you, Mr.
President.
On behalf of Senator Padavan, on
page number 57, I offer the following
amendments to Calendar Number 946, Senate
Print Number 5A, and ask that said bill retain
its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
8597
bill will retain its place on the Third
Reading Calendar.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Thank
you, Senator McGee.
SENATOR MARCELLINO: Mr.
President, there being -- oh, Senator
Dollinger for his -- I almost forgot.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: How could
Senator Marcellino forget.
Mr. President, I'd like to give
written notice, pursuant to Rule XI of the
Senate Rules, that I will make a motion to
amend the Senate Rules and add a new rule, XV,
which will establish ethical standards for
members, officers, and employees of the
Senate.
I would ask that that motion be
filed in the Journal.
ACTING PRESIDENT MEIER: Senator,
your motion is at the desk in writing, and it
will be filed in the Journal.
8598
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, now that there is no further
business, I move we adjourn until Tuesday,
June 5th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, June 5th, at 11:00 a.m.
(Whereupon, at 4:24 p.m., the
Senate adjourned.)