Regular Session - June 19, 2001
9724
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 19, 2001
11:13 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
9725
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 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 we please bow our heads
in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, June 18, the Senate met pursuant to
adjournment. The Journal of Sunday, June 17,
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.
9726
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations:
As a judge of the Court of Claims,
Caesar D. Cirigliano, of Waccabuc.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Caesar D. Cirigliano, of Waccabuc, to remain
on the Court of Claims to succeed himself.
We received his nomination from the
Governor. Since he is a sitting judge, as are
all of the nominees today, with one exception,
we and the staff of the committee reviewed his
experience as a judge. The judge met with the
full committee earlier this morning, was
unanimously moved by the committee to the
floor, and I would move his confirmation at
this time.
Well, Senator Leibell is here. I
9727
will yield to Senator Leibell.
ACTING PRESIDENT MEIER: Senator
Leibell.
SENATOR LEIBELL: Thank you very
much, Mr. President.
And I know we have some time
constraints today, but I am very pleased to
stand here to move this nomination. Once
again, we're very pleased the Governor has
sent us the name of someone who is so well
qualified. This is a person who has had
tremendous experience, both in the practice of
law and then service as a judge. I know he
brings all the credentials that we would wish
to see in a member of the judiciary.
So without further comment, I would
like to urge the chamber to support this
nomination. We have an excellent name here.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Caesar
Cirigliano as a judge of the Court of Claims.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
9728
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Cirigliano is with us today
in the gallery. And on behalf of the Senate,
we wish you good luck in continuing your
important duties, Judge.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Joseph Fisch, of Larchmont.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise once again to move the
nomination of Joseph Fisch, of Larchmont, to
succeed himself as a member of the Court of
Claims.
Again, we've reviewed the
credentials of Judge Fisch, the work he's done
as a judge of the Court of Claims, found them
eminently satisfactory. He appeared before
9729
the full committee this morning and was
unanimously moved by the committee to the
floor for consideration of his nomination at
this time.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
it's a pleasure to stand on behalf of Judge
Fisch and his reappointment.
I worked for him in the Queens DA's
office for three years in the mid-eighties.
Later on, we worked together to bring the
Office of Professional Discipline into Harlem
as a satellite office. And I've obviously
worked with him and been a friend of his for a
long time.
If he hadn't been so hard on me and
run me out of the DA's office, I probably
wouldn't have gone into this career and been
such a nuisance around this chamber. But I
hope no one will hold that against him.
He's a dear friend of mine, and I'm
very happy to see him being reconfirmed.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
9730
SENATOR OPPENHEIMER: I'm glad I
just walked in.
Joe Fisch is a very old, dear
friend. But I'm standing to recommend him not
because of that fact but because he has really
a remarkable resume. He has been in the job,
he has done the job, he is respected, he is
cared about. He is tough, but he's so fair.
And so I think this is a wonderful
decision by the Governor.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
despite the fact that Judge Fisch drove
Senator Paterson to this chamber, I've
overlooked that.
And let me just say that I've known
Joe for many years, particularly in his
activities with the SIC. He's always been a
wonderful public servant, and I know that
he'll continue to be the great judge that he's
been.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
9731
The question is on the confirmation
of Joseph Fisch as a judge of the Court of
Claims. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Fisch is with us in the
gallery today. And, Judge, on behalf of the
Senate, we wish you well with your important
duties as they continue.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Richard M. Klein, of
Northport.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise once again to move the
9732
nomination of Richard Martin Klein, of
Northport, Asharoken, as a judge of the Court
of Claims. Judge Klein is currently sitting
on the Court of Claims.
And again, his credentials have
been examined by the committee -- with great
scrutiny, I might add -- and found to be
eminently satisfactory. He also appeared
before the full committee earlier this morning
and was unanimously moved to the floor.
Although Judge Klein is technically
Senator Marcellino's constituent, I should say
that he and I are not only good friends but
really the best of friends. We first worked
together longer ago than either of us would
want to admit, 30 years ago as assistant
district attorneys in Suffolk County for the
Frauds Bureau. And then when I was
Commissioner of Consumer Affairs, Dick Klein
headed my Consumer Crime Task Force, he was
the attorney in charge of that.
He's been an assistant attorney in
the Town of Huntington, a district court judge
in the County of Suffolk, a Court of Claims
judge for the last several years, in which he
9733
handled major felony cases in our county court
in Riverhead.
He was later transferred to the
Civil Division, the Supreme Court in Suffolk
County, as an acting Supreme Court justice,
and now hears civil matters in a courtroom
that's right next door to my own Senate
district office, and so we quite frankly see
each other on a daily basis.
I'm ecstatic that the Governor has
renominated Judge Klein for another term on
the Court of Claims. He is an excellent
judge. He's exactly what we want to see in a
member of the judiciary in this state. He has
been committed, he works hard. His rate of
closing cases in the County of Suffolk Supreme
Court either is the first or second highest,
depending on whatever quarter it is, and has
been for the last several years. And he does
a magnificent job as a judge of the Court of
Claims.
And I wish him only godspeed and
good luck for the rest of his time on the
bench.
Senator Marcellino is here, and
9734
I'll be happy to yield to him for purposes of
a second.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Senator Lack.
I also would like to rise and
second this nomination of a very worthy person
to sit on the bench. He's a good person who
has served the Town of Huntington well and
with distinction and has been on the court and
served with distinction on the court, as
Senator Lack has said.
No one has a better record, and no
one exemplifies the kind of judge that we all
want on the bench more than Richard Klein
does. So I am more than pleased to second
this nomination, and wish him well in the
years ahead.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Richard
Klein as a judge of the Court of Claims. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
9735
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Klein is with us today in the
gallery. And, Judge, we congratulate you and
wish you well as you continue with your
duties.
(Applause.)
SENATOR LACK: Mr. President, the
nominee is also joined by his wife, Ceil, who
has joined me on the floor and is right behind
me.
ACTING PRESIDENT MEIER: We
welcome you to the chamber and congratulate
you as well.
The Secretary will continue to
read.
THE SECRETARY: As a judge of the
Court of Claims, Richard C. Kloch, Sr., of
North Tonawanda.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Again, Mr.
President, I rise to move the nomination of
9736
Richard C. Kloch, Sr., of North Tonawanda, as
a judge of the Court of Claims.
This is a new nominee to the Court
of Claims. His credentials have also been
examined and found to be completely
satisfactory, particularly his service as a
city court judge in the City of North
Tonawanda prior to the Governor's appointment
to the Court of Claims.
He appeared, as did the other
candidates, before the full Judiciary
Committee earlier this morning, was
unanimously moved to the floor for
confirmation at this time.
And without further ado, I'd be
most happy to yield for the person who every
day for the last several months has been
waiting for today so he could second the
nomination of his own close friend, Senator
Maziarz.
ACTING PRESIDENT MEIER: Senator
Maziarz.
SENATOR MAZIARZ: Thank you very
much, Mr. President. Thank you very much,
Senator Lack.
9737
Mr. President, I rise to second
this nomination of Richard Kloch of North
Tonawanda, city court judge, to the Court of
Claims. Unlike the other judges that are here
today, Judge Kloch is a new nominee to the
Court of Claims.
I've known Richard for 25 years.
It seems like a short time ago when we both
started in North Tonawanda City Hall together
back in the late 1970s.
I can think of no person who is
better qualified, Mr. President, for the high
judicial office of a judge of the Court of
Claims than Richard Kloch. He certainly has
passed the scrutiny of the screening
committees, of Senator Lack's committee.
And I know personally from
attorneys that I have spoken to that have
practiced with him, in front of him, he is
considered to be a fair person. And what
better qualification could a judge of any
court at any level in the state of New York
have other than to have his colleagues say
that he is a very fair person.
On a personal note, I know that,
9738
Richard, your mom and dad are not here in
person, but they are certainly here in spirit,
as are all of your children and all of our
other friends in North Tonawanda.
I certainly urge my colleagues to
join me in confirming Judge Kloch. He'll do a
great job for all the people of the State of
New York.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Thank you, Mr.
President.
I rise also to second the
nomination of Judge Kloch. We are so happy
from Western New York to have him moving to
the Court of Claims. His service through the
North Tonawanda City Court has been exemplary.
He's a man of the community, understands not
only Tonawanda and North Tonawanda -- and I
represent Tonawanda, so we are only divided by
the canal as far as space goes.
But Western New York is a very
regional kind of place. And Dick Kloch knows
the whole region, will be a great addition to
9739
the bench.
We're very happy for you, Judge.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President,
although I don't know Dick Kloch as well as -
certainly as well as George Maziarz does, I do
know Dick as a fine lawyer and a fine
gentleman. And I might point out that he
probably held more offices in North Tonawanda
than anybody I know.
In addition to that, at one time
many years ago he was counsel to -- I believe
it was then called NACC, I can never
remember -- there's NACC, DACC, and all the
rest of the things, which is the Drug
Addiction Guild, Drug Addiction Control
Commission, here in Albany. And I believe in
fact that I met Dick way back then when he was
with the commission.
But at any rate, he's been a fine
lawyer and he has a great reputation as a
judge in North Tonawanda. And I have no doubt
that he will make an excellent judge in the
Court of Claims.
9740
ACTING PRESIDENT MEIER: The
question is on the confirmation of Richard
Kloch, Sr., as a judge of the New York State
Court of Claims. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Kloch is with us today in the
gallery. Judge, please rise and accept our
congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Martin Marcus, of Larchmont.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise once more to move the
nomination of Martin Marcus, of Larchmont,
9741
again, a sitting judge of the Court of Claims.
His record has been examined by the staff of
the committee. He appeared before the
committee earlier today and was unanimously
moved to the floor because of his excellent
record.
And I most respectfully yield to
Senator Oppenheimer for purposes of a second.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thank you,
Senator Lack.
Again, this is another gentleman
who is a friend of mine, lives in my district.
But I have to say, the people that are
appearing before us now for confirmation are
really quite an amazing bunch.
Martin Marcus is a person that we
should just be very thankful that he has been
on the job for us in the state for so many
years. The fact is he is a man of
extraordinary intellect and compassion, and
you can't think of a better combination as a
juror in our state.
As far as his background, he's done
9742
so many publications and is involved in so
many projects that are important for us, for
the State of New York. And as far as his
background, getting his law degree at Yale
University, I can't think of a better place.
My father and husband both graduated, got
their law degrees from there.
So, I mean, not only bright and
competent, but really caring. And so I'm very
much supporting this nomination and delighted
to second it.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Martin Marcus as a judge of the New York
State Court of Claims. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Marcus is with us in the
9743
gallery today. Judge, congratulations.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Charles J. Tejada, of
Brooklyn.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise to move the nomination of
Charles J. Tejada, of Brooklyn, to succeed
himself as a judge of the Court of Claims.
We've examined his record as a judge. He
appeared before the committee earlier this
morning, was unanimously moved to the floor
for purposes of confirmation today.
And I most respectfully yield to
Senator Markowitz for purposes of a second.
ACTING PRESIDENT MEIER: Senator
Markowitz.
SENATOR MARKOWITZ: Thank you
very, very much.
I want to commend the committee,
9744
Senator Lack, and the Governor. Judge Tejada
represents the best of Brooklyn.
And I'm delighted that all of us
can share in this moment, because not only has
he excelled in his career, but he has found
the time, which is so important to me, to give
something back to the borough that he loves.
His activity in the Park Slope neighborhood
service center; Project Reach Youth, which is
second to none, certainly one of the major
organizations in the country working with
youth; the fact that he was active at George
Wingate High School, which is the school I
graduated from myself back in 19 -- I forget
the year right now.
But I want to say that this is a
great day for the judge and his family and for
all of us that love Brooklyn as much he does.
Congratulations.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Charles Tejada as a judge of the New York
State Court of Claims. All those in favor
9745
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Tejada is with us in the
gallery today. And, Judge, we congratulate
you and we wish you well.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a judge of the
Court of Claims, Lawrence J. Tonetti, of Rye
Brook.
ACTING PRESIDENT MEIER: Senator
Lack.
SENATOR LACK: Thank you, Mr.
President.
I rise for the last time to move
the nomination of Lawrence J. Tonetti, of Rye
Brook, to succeed himself as a member of the
Court of Claims of this state.
He appeared before the committee
9746
earlier this morning, impressed everybody with
a very short, concise, but very good
statement, was unanimously moved to the floor
for confirmation at this time.
And I would be most happy to yield
for purposes of a second to Senator
Oppenheimer.
ACTING PRESIDENT MEIER: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Well, this
is a red-letter day for me, three judges. And
all have performed so well in the court. And
of course, you know, competence should be
rewarded.
And in this case, I'm delighted to
be able to second the nomination of Lawrence
Tonetti, who is also living within my Senate
district, also a man of terrific competence.
And I note that he graduated summa from Iona
College many years ago, and that of course is
a wonderful university that's within my Senate
district.
Lawrence Tonetti has been doing the
job, he's been doing the job with excellence.
And in keeping with his performance earlier
9747
today, I will be brief and short, to the
point, and just say I'm delighted to be able
to second his nomination.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the
nomination?
The question is on the confirmation
of Lawrence Tonetti as a judge of the Court of
Claims. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Judge Tonetti is with us today in
the gallery. And, Judge, we wish you well and
we congratulate you on your reconfirmation.
(Applause.)
ACTING PRESIDENT MEIER: Reports
of select committees.
Communications and reports from
state officers.
Motions and resolutions.
9748
Senator McGee.
SENATOR McGEE: Mr. President, on
behalf of Senator Kuhl, I wish to call up
Print Number 3230, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
631, by Senator Kuhl, Senate Print 3230, an
act to amend the Public Health Law.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
9749
SENATOR McGEE: Mr. President, on
behalf of Senator Larkin, I wish to call up
Print Number 4251, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
733, by Senator Larkin, Senate Print 4251, an
act to amend the Racing, Pari-Mutuel Wagering
and Breeding Law.
SENATOR McGEE: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
SENATOR McGEE: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received and adopted.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Skelos.
9750
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
ACTING PRESIDENT MEIER: Yes, we
do have substitutions.
SENATOR SKELOS: I ask that they
be made at this time.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 6,
Senator LaValle moves to discharge, from the
Committee on Rules, Assembly Bill Number 2037
and substitute it for the identical Senate
Bill Number 1370, Third Reading Calendar 120.
On page 24, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 534 and substitute it for
the identical Senate Bill Number 2822, Third
Reading Calendar 630.
On page 25, Senator Velella moves
to discharge, from the Committee on Rules,
Assembly Bill Number 235B and substitute it
for the identical Senate Bill Number 3571B,
Third Reading Calendar 647.
On page 27, Senator Marchi moves to
discharge, from the Committee on Rules,
9751
Assembly Bill Number 8482 and substitute it
for the identical Senate Bill Number 5097,
Third Reading Calendar 686.
On page 30, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7366A and substitute it
for the identical Senate Bill Number 2505A,
Third Reading Calendar 746.
On page 31, Senator Goodman moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7323A and substitute it
for the identical Senate Bill Number 3815A,
Third Reading Calendar 753.
On page 31, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 1530 and substitute it
for the identical Senate Bill Number 3157,
Third Reading Calendar 764.
On page 36, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8485B and substitute it
for the identical Senate Bill Number 5100B,
Third Reading Calendar 886.
On page 43, Senator DeFrancisco
moves to discharge, from the Committee on
9752
Finance, Assembly Bill Number 1794A and
substitute it for the identical Senate Bill
Number 755, Third Reading Calendar 1145.
On page 44, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 4726 and substitute it
for the identical Senate Bill Number 4939,
Third Reading Calendar 1154.
On page 45, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 2208A and substitute it
for the identical Senate Bill Number 5436,
Third Reading Calendar 1161.
On page 46, Senator Leibell moves
to discharge, from the Committee on Rules,
Assembly Bill Number 2834 and substitute it
for the identical Senate Bill Number 1756,
Third Reading Calendar 1172.
On page 47, Senator Breslin moves
to discharge, from the Committee on Rules,
Assembly Bill Number 3379 and substitute it
for the identical Senate Bill Number 2004,
Third Reading Calendar 1173.
On page 47, Senator Seward moves to
discharge, from the Committee on Rules,
9753
Assembly Bill Number 3473 and substitute it
for the identical Senate Bill Number 2091,
Third Reading Calendar 1174.
On page 47, Senator Padavan moves
to discharge, from the Committee on Rules,
Assembly Bill Number 5586 and substitute it
for the identical Senate Bill Number 2960,
Third Reading Calendar 1175.
On page 47, Senator Marchi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5995 and substitute it
for the identical Senate Bill Number 3137,
Third Reading Calendar 1178.
On page 47, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8723A and substitute it
for the identical Senate Bill Number 3484A,
Third Reading Calendar 1180.
On page 47, Senator Hoffmann moves
to discharge, from the Committee on Rules,
Assembly Bill Number 229B and substitute it
for the identical Senate Bill Number 3556B,
Third Reading Calendar 1181.
On page 47, Senator Rath moves to
discharge, from the Committee on Rules,
9754
Assembly Bill Number 8408A and substitute it
for the identical Senate Bill Number 3677A,
Third Reading Calendar 1182.
On page 48, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7414 and substitute it
for the identical Senate Bill Number 3876,
Third Reading Calendar 1185.
On page 49, Senator McGee moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8939 and substitute it
for the identical Senate Bill Number 5525,
Third Reading Calendar 1193.
And on page 49, Senator McGee moves
to discharge, from the Committee on Rules,
Assembly Bill Number 8930 and substitute it
for the identical Senate Bill Number 5529,
Third Reading Calendar 1194.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar at
this time.
ACTING PRESIDENT MEIER: All
9755
those in favor of adopting the Resolution
Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: If we could take
up the noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
310, by Senator Seward, Senate Print 1810A, an
act to amend the Insurance Law, in relation to
insurance.
9756
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
460, by Senator Volker, Senate Print 2832, an
act to amend the Criminal Procedure Law, in
relation to rendition.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
9757
527, by Senator Marchi, Senate Print 2767, an
act to amend the General Municipal Law and the
Retirement and Social Security Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
529, by Senator Larkin, Senate Print 3402, an
act to amend the Retirement and Social
Security Law, in relation to retirement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
9758
542, by Senator Meier, Senate Print 1313, an
act to amend the Public Officers Law, in
relation to certain public employees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
588, by Senator Larkin, Senate Print 1966, an
act to amend the General Municipal Law, in
relation to reconstituting.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
590, by Senator Larkin, Senate Print 2123, an
act to amend the General Municipal Law, in
9759
relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
608, by Member of the Assembly Diaz, Assembly
Print Number 7299, an act to amend the Soil
and Water Conservation Districts Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
682, by the Assembly Committee on Rules,
Assembly Print Number 8347, an act to amend
the Retirement and Social Security Law, in
9760
relation to granting.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
686, substituted earlier today been the
Assembly Committee on Rules -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
688, by Senator Meier, Senate Print 1444, an
act to amend the Social Services Law, in
relation to reimbursement.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect January 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
9761
715, by Member of the Assembly Gottfried,
Assembly Print Number 7805A, an act to amend
the Education Law, in relation to requiring.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
723, by Senator Seward, Senate Print 3795B, an
act to amend the Insurance Law, in relation to
group health insurance.
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, 53.
9762
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
730, by Member of the Assembly Magee, Assembly
Print Number 3515A, an act to amend the
Agriculture and Markets Law, in relation to
definition.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
788, by Senator Larkin, Senate Print 2653A, an
act to amend the Public Health Law, in
relation to establishing.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
9763
bill aside.
THE SECRETARY: Calendar Number
888, by Senator Larkin, Senate Print 2506, an
act to allow the Triborough Bridge and Tunnel
members.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
891, by Senator Maltese, Senate Print 3349A,
an act to amend the Retirement and Social
Security Law, in relation to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
9764
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
964, by Senator Saland, Senate Print 3299A, an
act to establish two public library districts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
967, by Senator Kuhl, Senate Print 4268, an
act authorizing the City of Canandaigua.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
9765
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1091, by Senator Leibell, Senate Print 4943,
an act to authorize the Town of Putnam Valley.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1128, by Senator Velella, Senate Print 3316,
an act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT MEIER: Read the
9766
last section.
SENATOR ALESI: Mr. President,
would you lay that bill aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Temporarily?
SENATOR ALESI: Temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1137, by Senator Stachowski, Senate Print
5329A, an act to amend Chapter 276 of the Laws
of 1993.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
9767
is passed.
THE SECRETARY: Calendar Number
1145, substituted earlier today by Member of
the Assembly Magnarelli, Assembly Print Number
1794A, an act to amend the Executive Law and
the Education Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1146, by Senator Stachowski, Senate Print
1248, an act directing the commissioner of the
Division of Criminal Justice Services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
9768
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1148, by Senator Spano, Senate Print 2135, an
act to authorize Harry Flores and Carol
Merrell to make an application.
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, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1150, by Senator -
SENATOR HASSELL-THOMPSON: Lay it
aside.
ACTING PRESIDENT MEIER: Lay the
9769
bill aside.
THE SECRETARY: Calendar Number
1151, by Senator Meier, Senate Print 4175, an
act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1152, by Senator Libous, Senate Print 4484A,
an act to authorize the Village of Endicott,
Broome County.
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.
9770
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
1153, by Senator Morahan, Senate Print 4744,
an act to amend the General Municipal Law, in
relation to municipal regulation.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1154, substituted earlier today by Member of
the Assembly Matusow, Assembly Print Number
4726, an act to permit the reopening.
9771
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1155, by Senator Volker, Senate Print 4953, an
act to amend the Criminal Procedure Law, in
relation to designating.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Mr. President,
would you lay this bill aside temporarily,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
1156, by Senator Trunzo, Senate Print 5025, an
act to amend the Public Authorities Law, in
relation to claims.
9772
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1157, by Senator McGee, Senate Print 5241, an
act in relation to authorizing the City of
Jamestown.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1158, by Senator LaValle, Senate Print 5246,
an act to establish the Ridge Volunteer Exempt
Firefighters Benevolent Association.
ACTING PRESIDENT MEIER: Read the
last section.
9773
THE SECRETARY: Section 8. 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
1159, by Senator Seward, Senate Print 5365, an
act to authorize the City of Ithaca, County of
Tompkins.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1160, by Senator Maziarz, Senate Print 5382A,
9774
an act to amend the Public Health Law and the
Executive Law, in relation to assisted living
residences.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect in 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR MAZIARZ: Mr. President.
ACTING PRESIDENT MEIER: Senator
Maziarz, to explain his vote.
SENATOR MAZIARZ: To explain my
vote. Thank you very much, Mr. President.
This bill establishes a clear
definition of what assisted living residences
are in the State of New York. I want to thank
the AARP Statewide Senior Action Council, the
New York City Association of Homes and
Services for the Aging, the Empire State
Association of Adult Homes, and several other
senior advocacy groups throughout New York who
have helped us in crafting this particular
piece of legislation.
9775
With the abundance of assisted
living centers sprouting up all over the state
of New York in rural and suburban areas and of
course in the major metropolitan areas, those
residences are almost totally unregulated as
they currently are constituted in New York
State.
This legislation, of which we are
very close to having three-way agreement on,
Mr. President, not only will clearly define
but it will also contain some very clear
consumer protection pieces for elderly
New Yorkers who move into assisted living
centers.
I strongly urge my colleagues to
support this piece of legislation. Thank you.
ACTING PRESIDENT MEIER: Announce
the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1161, substituted earlier today by Member of
the Assembly Hoyt, Assembly Print Number
2208A, an act to amend the Public Health Law,
9776
in relation to providing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Saland, to explain his vote.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, I've joined with
Senator McGee in sponsoring this legislation.
And tragically, it has rang home -- the need
for this legislation has rang home in my own
backyard, in Dutchess County, where we have
seen tragic results of shaken baby syndrome.
And most recently, and with a
considerable degree of attention or fanfare,
we had the tragic death of a young infant, the
child of George Lithgow and Peggy Whalen, who
at the hands of his daycare provider was the
victim of shaken baby syndrome, shaken to the
extent that it caused fatal brain damage to
9777
him.
Tragically, what we would think of
as being common sense doesn't necessarily
hold. People who might never consider
striking or abusing a child somehow or other
think that it's okay to shake a child, being
unaware of the fact that not only can there be
neurological damage, severe neurological
damage, but also, far too frequently, that can
result in death.
Senator McGee's bill provides for
the distribution of information, through
hospitals and birthing centers, to prospective
maternity patients. It goes a long way to
really providing information and education to
those who most appropriately should be the
beneficiaries of that information, and
hopefully to protect the young people, the
children and the infants who each and every
one of us would like to provide safe harbor
to.
I'm certainly supporting this
legislation and was pleased to have worked
with Senator McGee in bringing it to the
floor.
9778
Thank you.
ACTING PRESIDENT MEIER: Senator
Saland will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1162, by Senator Johnson, Senate Print 5441,
an act to authorize the First Methodist
Church.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1163, by Senator Rath, Senate Print 5444, an
act to amend the County Law, in relation to
wireless telephone service.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1165, by -
SENATOR PATERSON: Lay it aside.
9779
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1168, by Senator Spano, Senate Print 911A, an
act to amend the Retirement and Social
Security Law and the Administrative Code of
the City of New York.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1169, by Senator Paterson, Senate Print
1478 -
SENATOR ALESI: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
9780
THE SECRETARY: Calendar Number
1170, by Senator Maltese, Senate Print 1538,
an act to amend the Retirement and Social
Security Law, in relation to service credit.
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1171, by Senator Maltese, Senate Print 1541,
an act to amend Chapter 609 of the Laws of
1996.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
9781
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1172, substituted earlier today by Member of
the Assembly Vitaliano, Assembly Print Number
2834, an act to amend the Administrative Code
of 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.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1173, substituted earlier today by Member of
the Assembly Canestrari, Assembly Print Number
3379, an act to authorize the Village of Green
Island, County of Albany.
9782
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1175, substituted earlier today by Member of
the Assembly Vitaliano, Assembly Print Number
5586, an act to amend the Civil Service Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
9783
is passed.
THE SECRETARY: Calendar Number
1176, by Senator Alesi, Senate Print 3000A, an
act to amend the General Business Law and the
Civil Practice Law and Rules.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1177, by Senator McGee, Senate Print 3077A, an
act to amend the State Finance Law, in
relation to providing.
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1178, substituted earlier today by Member of
9784
the Assembly Vitaliano, Assembly Print Number
5995, an act to amend the Retirement and
Social Security Law.
SENATOR MARCELLINO: There is a
home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1179, by Senator Stafford, Senate Print 3479,
an act to amend the State Finance Law, in
relation to payment.
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.)
9785
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1180, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8723A, an act to amend the Civil
Practice Law and Rules.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1181, substituted earlier today by Member of
the Assembly Grannis, Assembly Print Number
229B, an act to amend the Agriculture and
Markets Law, in relation to spaying and
neutering.
ACTING PRESIDENT MEIER: Read the
9786
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
SENATOR MARCELLINO: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1182, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8408A, an act to amend the Real
Property Tax Law and Chapter 405 of the Laws
of 1999.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
9787
is passed.
THE SECRETARY: Calendar Number
1183, by Senator Seward, Senate Print 3770, an
act to amend the Insurance Law, in relation to
investment.
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, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1184, by Senator Marchi, Senate Print 3798, an
act to amend the Business Corporation Law and
others, in relation to mergers and
consolidations.
SENATOR MARCELLINO: Read the
last section.
THE SECRETARY: Section 58. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
9788
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1186, by Senator Goodman, Senate Print 3914A,
an act to amend Chapter 674 of the Laws of
1993.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1187, by Senator Libous, Senate Print 4105A,
an act to amend the Education Law, in relation
to assistance.
ACTING PRESIDENT MEIER: Read the
last section.
9789
THE SECRETARY: Section 2 -
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1188, by Senator Farley, Senate Print 4746A,
an act to authorize the Greater Amsterdam
School District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1191, by Senator Seward, Senate Print 5433A,
an act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT MEIER: Read the
9790
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1193, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8939, an act to amend the Vehicle and
Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
9791
1194, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8930, an act to amend Chapter 533 of
the Laws of 1993.
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.)
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1195, by Senator Nozzolio, Senate Print 5544A,
an act to amend Chapter 887 of the Laws of
1983.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
9792
(The Secretary called the roll.)
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Alesi, that completes the
reading of the noncontroversial calendar.
SENATOR ALESI: Thank you, Mr.
President. Can we return to reports of
standing committees.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
SENATOR ALESI: I believe there
is a report of the Rules Committee at the
desk, correct.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 884, by Senator
Stachowski, an act to amend the Public
Authorities Law.
1741, by Senator Hoffmann, an act
to amend the Public Health Law.
2683A, by Senator Skelos, an act to
9793
amend the Family Court Act.
3485B, by Senator Volker, an act to
amend the Civil Practice Law and Rules.
3541, by Senator Goodman, an act to
amend the Tax Law.
3959B, by Senator Lack, an act to
amend the Judiciary Law and others.
4592A, by Senator LaValle, an act
to amend the Education Law.
4606A, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law.
4671, by Senator Trunzo, an act to
amend the Transportation Law.
4695, by Senator Rath, an act to
amend the Agriculture and Markets Law.
4899A, by Senator Saland, an act to
amend the Social Services Law.
4918, by Senator Bonacic, an act to
amend Chapter 613 of the Laws of 1996.
4974A, by Senator Nozzolio, an act
to amend the Banking Law.
5042A, by Senator Saland, an act to
amend the Real Property Tax Law.
5200A, by Senator Stafford, an act
to amend the Executive Law.
9794
5248, by Senator Johnson, an act to
amend the Education Law.
5406, by Senator Larkin, an act to
authorize.
5411, by Senator Goodman, an act to
amend the Real Property Tax Law.
5421A, by Senator Maziarz, an act
to amend the Alcoholic Beverage Control Law.
5435, by Senator McGee, an act to
amend the Education Law.
5466, by Senator Nozzolio, an act
to authorize.
5485, by Senator Kuhl, an act in
relation to authorizing.
5488A, by Senator Johnson, an act
to amend the Environmental Conservation Law.
5492, by Senator Libous, an act
authorizing the commissioner of
transportation.
5523, by Senator Skelos, an act
authorizing the assessor of the County of
Nassau.
5531A, by Senator Lack, an act to
amend the Estates, Powers and Trusts Law.
5551, by Senator Marcellino, an act
9795
to amend the Environmental Conservation Law.
5552, by Senator Trunzo, an act to
amend the Public Authorities Law.
5558, by Senator Bonacic, an act to
amend the Public Officers Law.
5561, by Senator Stafford, an act
to amend the Vehicle and Traffic Law.
5574, by Senator Stafford, an act
to amend the Environmental Conservation Law
and others.
5579, by the Senate Committee on
Rules, an act to amend the Chapter 166 of the
Laws of 1991.
And 5586, by Senator Seward, an act
to amend the Insurance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. I 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.
9796
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
All bills directly to third
reading.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Would you at this time call
Calendar 1155.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1155.
THE SECRETARY: Calendar Number
1155, by Senator Volker, Senate Print 4953, an
act to amend the Criminal Procedure Law, in
relation to designating.
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.)
9797
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Mr. President,
may we have 1188 at this time.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 1188.
THE SECRETARY: Calendar Number
1188, by Senator Farley, Senate Print 4746A,
an act to authorize the Greater Amsterdam
School District.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
9798
President. May we now have the controversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
527, by Senator Marchi, Senate Print 2767, an
act to amend the General Municipal Law and the
Retirement and Social Security Law, in
relation to benefits.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DUANE: Mr. President.
ACTING PRESIDENT MEIER: I'm
sorry, hold on. Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you, Mr.
President.
I'd like to call to everyone's
attention the regulations of the New York
State Department of Health regarding the three
factors necessary to create a significant risk
9799
of contracting or transmitting HIV infection.
They are the presence of a
significant-risk body substance; two, a
circumstance which constitutes a significant
risk or transmitting or contracting HIV
infection; and, three, the presence of an
infectious source and a noninfected person.
Significant-risk body substances
are blood, semen, vaginal secretions, breast
milk, tissue, and a few body fluids.
Circumstances which constitute
significant risk of transmitting or
contracting HIV infection are sexual
intercourse -- that is, vaginal, anal, oral -
which exposes a noninfected individual to
blood, semen, or vaginal secretions of an
infected individual. Which I don't think taxi
inspectors are having sexual intercourse on
the job.
Sharing of needles and other
paraphernalia used for preparing and injecting
drugs between infected and noninfected
individuals. I don't think that taxi
inspectors are sharing needles with their
passengers or with cab drivers.
9800
The gestation, birth, or
breastfeeding of an infant when the mother is
infected with HIV. I don't think that most
taxi inspectors believe that breast-feeding is
part of their job description.
Transfusion or transplantation of
blood, organs, or other tissues from an
infected individual to an uninfected
individual, provided such blood, organs, or
other tissue have not tested conclusively for
antibody or antigen and have not been rendered
noninfective by heat or chemical treatment. I
don't think that taxi inspectors are giving
blood transfusions.
Other circumstances are during
which a significant-risk body substance, other
than breast milk, of an infected individual
contacts mucous membranes -- that is, the
nose, eyes, mouth -- nonintact skin, like an
open wound, skin with dermatitis condition,
abraded areas, or the vascular system of a
noninfected person.
Such circumstances include but are
not limited to needle-stick or puncture-wound
injuries and direct saturation or permeation
9801
of these body surfaces by the infectious body
substances.
I don't think that in the normal
course of a taxi inspector's job that they are
in that sort of significant risk. I don't
think that they take blood samples or -- what
else might they not be doing? -- rubbing up
against someone who has an open wound.
Now, circumstances that involve
significant risk shall not include, shall not
include exposure to urine, feces, sputum,
nasal secretions, saliva, sweat, tears, or
vomitus that does not contain blood that is
visible to the naked eye. So if someone
sneezes on a taxi inspector, they're not going
to get HIV.
Human bites where there is no
direct blood-to-blood or blood-to
mucous-membrane contact. I can't remember the
last time I read a story about a taxi
inspector being bitten by a cab or by a cab
driver where blood was drawn.
ACTING PRESIDENT MEIER: Can we
have just a little order in the chamber,
please.
9802
SENATOR DUANE: I can't hear, Mr.
President, I'm sorry.
The third significant risk which is
not considered significant risk is exposure of
intact skin to blood or any other body
substance.
And, four, occupational settings
where individuals use scientifically accepted
barrier techniques and preventive practices
and circumstances which would otherwise pose a
significant risk and such barriers are not
breached and remain intact.
I don't think that taxi inspectors
are performing operations. I don't think that
taxi inspectors are performing operations.
But if they do, I suggest they wear a mask and
gloves. But really, if they are performing
operations, that is an issue they should raise
with their union.
Based on the regulations of the
New York State Department of Health, I find it
hard to see how a taxi inspector or, for that
matter, a parking control officer would
contract the HIV virus during the normal
course of employment. If that's the case,
9803
then I'm sorry to say you're all in danger,
because you're all coming into contact with
me. And really, the amount of contact that I
have with you is the same amount of contact
that in the normal course of their job a taxi
inspector or a parking specialist would have.
So maybe the Senate themselves
should pass some kind of law which allows you
all to have disability should you come down
with HIV, because you could therefore assume
you got it from me.
And so, sadly, if you believe that
a taxi and limousine inspector or a parking
control officer can get HIV on the job, then I
guess it's safe to assume that you think you
could get HIV on the job from me as well,
because that's exactly what this bill is
saying.
This bill says that it could be
expected that in the course of a normal job
that you could be infected with the HIV virus.
This bill says that casual contact is presumed
to be the cause of transmission of HIV. This
bill sends a signal that people should be
afraid of someone with HIV because they might
9804
casually get infected with the HIV virus just
by being around someone with HIV.
I think it's probably about as
likely that any of you would have sexual
intercourse with me than a taxi inspector
should be having sexual intercourse with a
taxi cab driver. That it's as likely that you
would all be having sexual intercourse with me
as you would be having sexual intercourse with
someone who's double-parked. It doesn't make
a lot of sense, does it?
Now, you might wonder why the
New York State Department of Health even
bothers to put out their regulations since
allegedly sophisticated people like us choose
to disregard them.
Sadly, it seems as if the union was
too embarrassed to even bring this up in
collective bargaining. So they thought they
would come to the people here in this body,
because we're more easily fooled. Because,
you know, a responsible person would never
think that you could casually get HIV just in
the normal course of a regular job like being
a taxi inspector or a parking specialist.
9805
Now, I don't want anyone to think
that I don't care about making sure that
people with AIDS have enough services to live
on.
Yesterday I discussed how my
proudest moment in the New York City Council
was when I passed legislation which enshrined
in law the city's Division of AIDS Services,
which makes sure that no matter what, people
with AIDS would have access to health care,
decent housing, enough food to eat,
particularly for those people who get wasting
syndrome from HIV, enough subway fare so that
they can get to doctors' appointments. It
makes it possible so that moms who have HIV
would have enough services to take care of
their children, to keep their families
together.
I know that in some parts of this
state people with AIDS are put up in
disgusting motels where no one else would
live, sometimes sent to live in trailers that
are not up to code. That because people with
AIDS in this state outside New York City often
have no place to turn to, including their own
9806
social services agencies.
So as I've said, I intend to
introduce legislation which replicates what
was done in the City of New York so that
people with AIDS throughout the state would be
guaranteed to have a safety net of enough food
and the ability to get to a doctor, a decent
place to live, and the ability to see
health-care professionals who could prolong
their lives, perhaps long enough until a cure
is found for AIDS.
So my disagreement with this
legislation has nothing to do with my desire
to see anything but the best possible services
to be provided for people with AIDS or, for
that matter, for anyone with a catastrophic
illness.
But to perpetuate the ignorance
that HIV could be casually transmitted in the
normal course of a job will probably lead to a
much, much, much more dangerous situation in
terms of instilling fear in people that just
by coming into casual connect with someone
else they're putting themselves at risk of
contracting HIV.
9807
So I ask all of you, please,
consider what I hope you know about the
transmission of HIV. Think about how you
really believe HIV is transmitted, and then
make a decision about whether or not you can
vote for this bill that assumes that you can
casually contract HIV in the normal -- in the
course of a normal day's work.
Thank you.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. On the bill.
Yesterday I also spoke on a very
similar bill that was offered by Senator Rath.
And I had more of an opportunity in committee
to have had the opportunity to discuss with
the author of this bill, Senator Marchi, and
some others the concerns that have been
raised, mostly by Senator Duane but also by
myself.
Part of what I try to articulate
when I stand is that when I speak on a bill,
particularly of the magnitude of this one,
that I try to do so from a basis of
9808
experience. And some of the experience that I
have been fortunate to have had has been to do
a wide range of education around issues of
health, particularly those related to HIV and
AIDS.
And one of my greatest concerns
that I have expressed has been that we attempt
in our legislation to provide opportunities
certainly for any benefits for people in the
workplace to ensure that they are protected,
but that we do so in a very responsible way.
As I have explored this bill, I
recognize very clearly that the persons that
are being added to this legislation certainly
could be seriously exposed to such diseases as
tuberculosis and hepatitis, which haven't been
spoken to in this bill. And that, by the very
nature of those two diseases, the probability
of contact or contracting those diseases are
great.
But to have included HIV in this
bill speaks to a kind of ignorance that I
would hope that this body would not
participate in. I had hoped when this bill
came to the floor that we would have seen some
9809
changes in the language that would have put
HIV certainly in a very different category
than those of tuberculosis and hepatitis. But
unfortunately, that is not the case.
I don't want anyone to think that I
would not want to see persons to be protected
in the workplace. And if in fact the chances
of their contracting any kind of disease were
great, I certainly would be the first to stand
in support of it.
HIV is not in that category. And
so that while I commend the unions on their
efforts, I don't commend thinking people for
what I think we're doing here. We are
perpetrating a fraud.
And we have spent -- the State
Department of Health has spent an inordinate
amount of money attempting to educate people
as to how this can be contracted. And we do a
disservice to all of that work and to all of
that money that we have spent to presume -
and we are, the language talks about a
presumption of contracting this disease in the
workplace.
So I can't vote for or support this
9810
bill, even though such diseases as
tuberculosis and hepatitis are inclusive, to
include -- for me, someone who has not only
the knowledge but who has tried to impart the
knowledge to other people, could not in good
conscience support this legislation as it is
currently written.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. On the bill.
I'd like to read one sentence that
I believe perfectly summarizes both Senator
Duane's arguments and Senator
Hassell-Thompson's arguments, and then I'll
let everybody know where I'm getting this
from. "The bill" -- the one we're speaking
of -- "inappropriately creates a presumption
which is not based on science or fact that an
employee who contracts TB, HIV, or hepatitis
did so in the performance of his or her duty."
That line comes from the City of
New York's memorandum in opposition to this
bill. That's the administration of Rudy
9811
Giuliani, which is dead against this
legislation.
To suggest that somebody who is a
taxi inspector and winds up getting AIDS,
automatically we're to presume that that
person got it because of their job as being a
taxi inspector, is really silly. I don't know
how else to approach this except with some
measure of ridicule and scorn.
Currently, in law, paramedics, EMS
employees, firefighters, correction officers,
and police officers have that presumption.
And though I'm sure Senator Duane would
disagree with their right to have that
assumption made, I believe they -- at least in
that case there is somewhat of a more
compelling argument that you could make.
Although even for those employees
you could easily suggest that those
individuals could easily document when they
have had the type of interaction that could
conceivably lead to the transmission of one of
these diseases -- which are very limited. As
Senator Duane points out, these circumstances
are very limited.
9812
So you can make an argument for
corrections officers, for example, that you
have a greater frequency of chance that they
will have an interaction with an HIV-positive
inmate at the same time that they have an open
wound or that some kind of bodily fluid from
that inmate has been transmitted to an orifice
on that correction officer.
You can make the argument that
there's a greater likelihood of that
happening, even though you could still wind up
saying, okay, but in those circumstances don't
have it as the presumption, have that as we'll
document when that incident occurred and then,
if it's found that that incident led to the
transmission of the disease, then absolutely,
without a doubt the employee should be
entitled to additional benefits, disability
benefits.
But in the case of parking control
specialists and school safety agents, campus
peace officers, taxi and limousine inspectors,
you've got to be kidding. Any one of these
employees winds up with HIV because of a
high-risk behavior or not a high-risk
9813
behavior -- a blood transfusion that went
wrong in a hospital or something, and we're
going to assume that they got it because they
were inspecting to make sure that taxi cabs
were following their regulations? That's
moronic.
And forget the insult for a second
that it does to individuals who have been
trying for years and years to decrease the
stigma attached to HIV and the false
perceptions that have been created about how
this disease is transmitted. Put that on hold
for a second. Look at the financial hit we're
opening up the City of New York to. And I
believe under this legislation the injury
claims can be retroactive to 1996. So we're
opening up a huge liability on the part of the
city.
Now, I don't think anybody here
would suggest that if individuals truly
contracted one of these diseases through the
transmission of some kind of bodily fluid in
the performance of their duty that they
shouldn't be entitled to additional benefits.
Nobody disputes that. But the presumption of
9814
that is just silly, flat-out silly.
And New York City is now going to
have to wind up, if this becomes law -- and I
hope it doesn't, and I'm going to vote against
this -- is going to wind up having to pay out
claim after claim after claim, when I believe
if there are these claims that the
overwhelming majority of these claims will not
be as the result of somebody having contracted
one of these diseases in the course of their
duty, because to assume so is illogical. It's
flat-out illogical. That's not how these
diseases are transmitted.
And so I'm going to vote against
this legislation. This is wrong on several
different levels. I have great respect for
both sponsors of the bill. I just don't know
why we're doing this. I don't understand.
Senator Duane points out that this
could have been done through collective
bargaining, which wouldn't have made it a
better idea. It might have made it a more
appropriate venue with which to have this
discussion. But to come here and pass a bill
like this is just -- it's just insulting. It
9815
perpetrates the myth of the spread of certain
diseases. And it exposes the City of New York
to tremendous liability.
This is just a plain bad idea.
Sometimes in this body we have bills before us
that are real gray, they're fifty-fifty.
Yesterday for me was one of them, whether or
not to vote for a month-long budget extender.
Some things are close.
Nothing could be more clear than
this being a really bad idea. Mr. President,
I will be voting no.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on this bill?
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.)
ACTING PRESIDENT MEIER: Senator
Marchi, to explain his vote.
SENATOR MARCHI: I am troubled by
some of the arguments I think that were
raised. And certainly it's legitimate to make
9816
the observations that you have.
We have the heightened
apprehension -- and perhaps the Health
Department may have additional views. I don't
think in the exercise yesterday there was any
mention of the Health Department.
On the other hand, there are
regulations that are being developed. And
this acts prospectively. This does not
require -- it becomes effective when it is
effective by virtue of its adoption as a law
of the State of New York.
The Assembly passed it I believe
unanimously last year -- with one dissenting
vote in the Assembly. In the City Council,
you had the same experience in supplying -
and that explains a little bit the dichotomy
between the Mayor's office and the City
Council. There was one dissenting vote in the
City Council.
So there is a home rule message at
the desk on this bill. It isn't the most
exuberant. But given the circumstance, the
whole thing certainly raises some questions.
But you've had -- I understand the
9817
Assembly bill is on the threshold of passage.
This would, with the approval of this chamber,
would go over there and they would substitute
and take it from there.
So I think in view of the home rule
message that we have -- the Mayor's statement
was good as far as it went. They came in with
a non sequitur towards the end of it which
simply doesn't explain anything.
So I feel in view of the nature, I
would hope it will be reflected, as I'm
informed, that the constituent portions of
this thing will require more precise
information and the nature and quality of the
circumstances that took place. And for that
reason, I've stayed with the bill.
But it is a problem that's ravaging
the whole world now, and you can't stop
pointing fingers or blaming accusations. This
is not an accusation. I think it's just an
expression of extreme concern. And anyone,
however you characterize the experience they
had in arriving at a rather tragic confluence,
I think you have to give the benefit of doubt
to.
9818
It explains -- I have no disrespect
for the arguments that were raised, none. But
I think against the genesis of the bill in
reaching us, in actions that have already been
taken, is strongly indicative of the
cautionary nature of the whole problem.
So I hope in the formulation of
rules and regulations within, as I know -- I
believe the fire department is already engaged
in, that most if not all of your concerns will
be met. I certainly hope so.
I vote aye.
ACTING PRESIDENT MEIER: Senator
Marchi will be recorded in the affirmative.
The chair neglected to note that
there is a home rule message at the desk.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 527 are
Senators Duane, Hassell-Thompson, Hevesi,
Montgomery, Santiago, and Schneiderman. Ayes,
52. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi.
9819
SENATOR ALESI: Thank you, Mr.
President. There will be an immediate meeting
of the Majority Conference in the Majority
Conference Room, and I ask that we stand at
ease for approximately one hour.
ACTING PRESIDENT MEIER: There
will be an immediate conference of the
Majority in the Majority Conference Room.
The Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 12:35 p.m.)
(Whereupon, the Senate reconvened
at 1:54 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to find their chairs, staff to find their
places.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we return to motions and
substitutions at this time.
ACTING PRESIDENT KUHL: Return to
the order of motions and resolutions.
Ask the Secretary to read the
substitutions.
9820
THE SECRETARY: In relation to
Supplemental Calendar 55A, Senator Volker
moves to discharge, from the Committee on
Rules, Assembly Bill Number 7344A and
substitute it for the identical Senate Bill
Number 3485B, Third Reading Calendar 1199.
Senator Rath moves to discharge,
from the Committee on Rules, Assembly Bill
Number 8374 and substitute it for the
identical Senate Bill Number 4695, Third
Reading Calendar 1205.
Senator Bonacic moves to discharge,
from the Committee on Rules, Assembly Bill
Number 3996 and substitute it for the
identical Senate Bill Number 4918, Third
Reading Calendar 1207.
Senator Nozzolio moves to
discharge, from the Committee on Rules,
Assembly Bill Number 1872A and substitute it
for identical Senate Bill Number 4974A, Third
Reading Calendar 1208.
Senator Maziarz moves to discharge,
from the Committee on Rules, Assembly Bill
Number 8868 and substitute it for the
identical Senate Bill Number 5421A, Third
9821
Reading Calendar 1214.
And Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9050B and substitute it
for the identical Senate Bill Number 5531A,
Third Reading Calendar 1221.
ACTING PRESIDENT KUHL: the
substitutions are ordered.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we proceed with Calendar 1187,
by Senator Libous.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1187.
THE SECRETARY: Calendar Number
1187, by Senator Libous, Senate Print 4105A,
an act to amend the Education Law, in relation
to assistants in podiatrists' offices.
SENATOR DOLLINGER: May we have
an explanation, please.
ACTING PRESIDENT KUHL: Senator
Libous, an explanation of Calendar Number 1187
has been requested by the Acting Minority
Leader, Senator Dollinger.
SENATOR LIBOUS: Thank you, Mr.
9822
President.
Basically what this bill does is it
gives podiatrists some flexibility for having
assistants do supportive services. It by no
means changes licensing procedures or anything
like that. It certainly does not allow
unlicensed personnel to serve individuals.
But what it does allow is an
assistant to provide supportive services when
they see a podiatrist. Those supportive
services would be very similar to the kind of
work a dental hygienist, a dental assistant
does.
In this area it would be taking
preliminary information from the patient,
helping the patient become situated in the
examining room, removing the shoe, maybe
cleansing the foot. But actually there would
be no type of personal examination by that
assistant; that would be done by the doctor.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield to a
question.
ACTING PRESIDENT KUHL: Senator
Libous, do you yield to a question from
9823
Senator Dollinger?
SENATOR LIBOUS: Sure.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Why do we
need this bill now?
I presume that in a podiatrist's
office there are unlicensed personnel who
provide some of the kinds of services that
you've made reference to -- they take reports,
they get names and identifications, they show
them to the room. What is it about the
particular need for this bill?
SENATOR LIBOUS: Mr. President,
that's an excellent question.
I think -- through you, Mr.
President -- Senator Dollinger, what this bill
does for the industry is just kind of defines
it so that there is no uncertainty as far as
if that does take place now, that it is
allowable that a person can take the shoe off,
can cleanse the foot, can hand the doctor the
instruments.
I think it just makes it very clear
that the person is certainly not taking the
9824
place of the licensed physician but at the
same time, because of law, will have an
opportunity to assist the physician. I think
they just want to make it part of statute to
clean that up so that there are no doubts.
SENATOR DOLLINGER: Through you,
Mr. President, just one other question.
ACTING PRESIDENT KUHL: Senator
Libous, do you continue to yield?
SENATOR LIBOUS: Sure.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DOLLINGER: Senator
Libous, are there any other professions that
currently provide this service, nurses or
physician's assistants, that this bill would
displace as a consequence of allowing an
unlicensed person -
SENATOR LIBOUS: No. No, Mr.
President.
SENATOR DOLLINGER: So this has
no impact on the scope of practice in other
professions?
SENATOR LIBOUS: No, that's
correct.
9825
SENATOR DOLLINGER: Thank you,
Mr. President. No further questions.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we return to the controversial
calendar and start with Calendar Number 588.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 588, by
Senator Larkin.
THE SECRETARY: Calendar Number
588, by Senator Larkin, Senate Print 1966, an
act to amend the General Municipal Law, in
relation to reconstituting.
9826
ACTING PRESIDENT KUHL: There is
a home rule message at the desk.
The Secretary will read the last
section.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Larkin, an explanation of Calendar Number 588
has been requested by Senator Dollinger.
SENATOR LARKIN: Yes, Mr.
President.
Senator Dollinger, this bill
repeals Section 911 of the General Municipal
Law, and adds a new section, 911(f), to
recreate the Town of New Windsor Industrial
Development Agency. This bill provides for
this new IDA's functions, powers, and duties.
This IDA needs to be recreated
because, under law, IDAs cease to exist if, at
the expiration of ten years, there were no
outstanding bonds or other obligations. Since
the New Windsor town board has decided that,
no outstanding bonds, that they would like to
recreate this as a partnership with the
development going on in their area at the
9827
Stewart International Airport.
This is essential, they believe, to
help them promote economic development and
attract new business which are now looking at
the sites within the industrial complex and
the airport. There are no -- other noncounty
IDAs in addition to the Orange County one are
the City of Newburgh, the Town of Walden, the
Village of Walden, the Town of Wallkill.
There has been no opposition at
home to this.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Larkin will yield to
a question.
ACTING PRESIDENT KUHL: Senator
Larkin, do you yield to a question from
Senator Dollinger?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: This is in
Orange County? New Windsor is in Orange
9828
County?
SENATOR LARKIN: Yes.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT KUHL: Senator
Larkin, do you continue to yield?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Does the
Orange County Industrial Development Agency
have jurisdiction over the airport as well?
SENATOR LARKIN: No, it does not.
The airport's solely within this part of
what -- what New Windsor wants to do is solely
within the town of New Windsor.
Richard, about two years ago when
the Army was going to relinquish its property
at Stewart, they went through all the process
of letting this land go to anybody. And the
town went to Congressman Sue Kelly and Senator
D'Amato, and they crafted legislation that was
approved that turned all the land over to the
9829
town.
The town believes that this is
their only avenue to have economic development
in the town. There's no place else to do it.
SENATOR DOLLINGER: Thank you,
Mr. President. No further questions for
Senator Larkin. Just briefly on the bill.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: The reason I
asked the question, Senator, is because one of
our concerns -- and I think it's been Senator
Stachowski and others -- has been about
competition between the IDAs in instances -
SENATOR LARKIN: There's no
competition in this area.
SENATOR DOLLINGER: Right.
-- in instances in which we have a
town industrial development agency and we have
a county development agency with jurisdiction
over the same site, and the question of how
that competition works out vis-a-vis who takes
credit for it and how the benefits are given.
If this is one in which there is a
sole industrial development agency for this
9830
specific project, I'm going to vote in favor
of it. Keeping an eye on the fact that if
there are conflicts in the future, those would
raise greater concern.
ACTING PRESIDENT KUHL: Any other
Senator wish to speak on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Stachowski recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
590, by Senator Larkin, Senate Print 2123, an
act to amend the General Municipal Law, in
relation to establishing.
ACTING PRESIDENT KUHL: There is
9831
a home rule message at the desk.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Larkin, an explanation has been requested of
Calendar Number 590 by Senator Dollinger.
SENATOR LARKIN: Yes, Mr.
President.
This adds a new Section, 890-K, to
the General Municipal Law to create the
Village of Kiryas Joel Industrial Development
Agency, to have the powers and functions.
The IDA was created, as you know,
to try to help the economic area. This is a
solid Hassidic community that has over the
past three years asked for this. This
community has grown now to over 15,000 people.
They don't go outside of their community,
Richard, if you know something about them.
Everything is within the community. And the
only way to promote it so that young people
are graduating and getting somewhere has to be
for some economic development within the
village.
I've talked to the village, I've
9832
talked to the county. The county does not
want to get involved in it. And that's the
reason why they're coming to us, because they
have recently made some forward movement with
companies in New York City and outside of
New York, one in Rotterdam, that would like to
come.
As you know, they do all the
diamond work in the city, and a lot of them
come from K.J. They want to be able to start
something up there and to enhance the economic
opportunity for their constituents.
SENATOR DOLLINGER: Explanation
satisfactory.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Stachowski, to explain your vote.
9833
SENATOR STACHOWSKI: Briefly to
explain my vote, just so I can put on the
record why I vote against these bills.
Currently in Erie County we have a
move by the county executive to try to make
one IDA. We have numerous IDAs. Companies
move from one to another, office space moves
from the city to an IDA, all kinds of movement
that doesn't produce anything, really, for the
taxpayers. All it does is when one tax
abatement is over, they move the company to
another town saying they're going to leave the
state, and they get another tax abatement.
And so I've made it my business to
vote against all of them, regardless of what
the situation is, because it's a message.
And now, currently, we just had
another new interesting twist. In the county
executive's push to get IDAs all under one
roof, he's now hired the head of the one IDA
that refuses to come in as the guy to give out
the loans, which I find very interesting.
But that's not anything to do with
this bill, it's just my way of explaining why
I can't support it. I vote no.
9834
ACTING PRESIDENT KUHL: Senator
Stachowski will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Stachowski recorded in
the negative.
SENATOR MARCELLINO: The bill is
passed.
THE SECRETARY: Calendar Number
682, by the Assembly Committee on Rules,
Assembly Print Number 8347, an act to amend
the Retirement and Social Security Law.
SENATOR DOLLINGER: Explanation.
SENATOR ALESI: Lay it aside
temporarily, please.
ACTING PRESIDENT KUHL: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
686, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8482, an act to amend the Retirement and
Social Security Law, in relation to
establishing.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk.
9835
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, will the sponsor yield just to one
question? We'll waive the explanation if the
sponsor would yield to a question.
ACTING PRESIDENT KUHL: Senator
Marchi. Senator Marchi, a question on
Calendar Number 686 has been requested by
Senator Dollinger.
SENATOR MARCHI: Well, we're in
between some further aspects of negotiation.
This is a bill that would provide for a
halfway pension at age 50 and with 20 years.
But it has passed the Assembly.
And there was some -- the problem, the
Governor vetoed it last year.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Marchi will yield,
that's exactly the reason for my question.
SENATOR MARCHI: Sure.
ACTING PRESIDENT KUHL: Senator
Marchi, do you yield to a question?
SENATOR MARCHI: Well, it's a
legitimate question, and that's what I'm
trying to get -
9836
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR MARCHI: And I'm trying
to get at the bottom of it. Because I've
heard that the -- he said that you needed more
specifics, really, to lift it -- as to the
nature of the disability and whatnot. And he
was not happy with it.
ACTING PRESIDENT KUHL: Senator
Dollinger, still waiting for the answer?
SENATOR DOLLINGER: Well -
SENATOR MARCHI: Some changes
were made pursuant to the veto last year. And
the change is -- there's no sign-off by the
Governor, but he expressed a willingness to
consider it in view. So -
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Marchi would yield
just to one question.
SENATOR MARCHI: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: What
specifically were those changes, Senator
Marchi? Are they across the board, or are
9837
there a series of them?
SENATOR MARCHI: I stand
corrected, it has not been changed. And he
suggested that they get back together again.
And he's indicated that he may take a look at
it.
I would request that we lay it
aside temporarily until I'm in a position to
give you a better answer.
SENATOR DOLLINGER: Well, Senator
Marchi, I'm not sure you need to do that for
me. My understanding is the bill is the same
bill we approved last year.
SENATOR MARCHI: Yes, it is.
SENATOR DOLLINGER: And my
understanding is the Governor has asked to, in
essence, get the bill back to take another
look at it.
SENATOR MARCHI: Yeah.
SENATOR DOLLINGER: I'm prepared
to vote for it.
I would like Senator Marchi just to
yield to one more question, if he would.
SENATOR MARCHI: Yes.
ACTING PRESIDENT KUHL: The
9838
Senator yields.
SENATOR DOLLINGER: Senator, why
wouldn't this be the perfect bill to override
the Governor's veto? Isn't this in fact the
perfect bill to override a gubernatorial veto?
SENATOR MARCHI: I guess he
was -- the Governor may be reflecting also
some turbulence, because the Mayor opposed
this bill.
But I feel on the merits, if we're
to believe the authorities, the assertions
that have been made, that this is a heavy type
of duty which effectively is injurious and
toxic people who work in it. It's heavy -
it's heavy work.
SENATOR DOLLINGER: I couldn't
agree with you more, Senator Marchi.
Just briefly on the bill, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Senator
Marchi, I voted for this bill last year. I'm
going to vote for it again.
My point is simply to make this, is
9839
I don't know why we don't override the
Governor's veto on this bill. This bill
passed 59 to nothing. It's got bipartisan
support. It's obviously a good thing to do.
There are obviously people lobbying for it who
work for this organization who think this is a
good idea. The Mayor of the City of New
York -- or the Mayor's office, I gather,
doesn't like the bill.
But I think it's pretty fair to
say, Senator Marchi, that all these other
pension bills that we've done where the City
of New York, as with many of our
municipalities, come forward and say, We don't
like these bills, we don't want you to tell us
that you may have to pay greater contributions
to the pension plans -- but it seems to me,
Senator Marchi, that's in essence our call.
And from my point of view, Senator
Marchi, what I don't understand -- and
somebody someday will explain it, but probably
long after I've left this chamber -- but why
this bill wasn't brought back to this house to
overturn the Governor's veto. We are now
sending him back the exact same bill a year
9840
later saying take it again, here's another
chance at it.
I don't understand why we don't
exercise our constitutional power to just
override his veto and turn this into law.
Fifty-nine of us agree it's the right thing to
do. And if 101 members of the Assembly think
it's the right thing to do, it should become
the law regardless of what the man on the
second floor thinks, regardless of who he is,
regardless of who she is.
And I just don't understand why we
don't use our constitutional power -- we had a
great discussion yesterday about
constitutional powers of the Governor and the
Legislature. I don't understand why we don't
use our constitutional power here to make this
law when 59 members of this chamber say this
is a good idea no matter what the Governor
thinks about it.
ACTING PRESIDENT KUHL: Senator
Marchi.
SENATOR MARCHI: Very persuasive,
Mr. President. I would suggest that we pass
the bill and then say that we are considering
9841
a Damoclean sword.
But you're right. I mean, here we
have two houses of the Legislature coming out
with almost a total consensus, a positive
consensus. So perhaps we ought to dangle that
Damoclean sword and let him reflect on it a
little bit. I don't think it will do us any
harm.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
Senator Dollinger, to explain his
vote.
SENATOR DOLLINGER: Just to
explain my vote.
I couldn't agree with Senator
Marchi more.
The interesting thing about the
sword of Damocles, Senator Marchi, is that
9842
it's not really effective unless it falls
every now and then. And I would suggest that
this Legislature, which holds the sword in its
hand with 42 votes in this house, just has
never wielded that sword often enough.
And as a consequence, in the
comparative balance of power between our
executive branch and our legislative branch,
we have ceded way, way, way too much power to
whoever occupies the second floor. And too
often, party affiliation shields them from the
falling of the sword of Damocles.
That shouldn't happen. The sword
will be most effective as a threat when
occasionally it draws some blood.
ACTING PRESIDENT KUHL: Senator
Dollinger will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. May we proceed with Calendar 682,
9843
after which we will proceed, with your
permission, with the regular order.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 682, by
Senator Leibell.
THE SECRETARY: Calendar Number
682, by the Assembly Committee on Rules,
Assembly Print Number 8347, an act to amend
the Retirement and Social Security Law, in
relation to granting members.
ACTING PRESIDENT KUHL: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
here again an explanation is not as necessary
as some kind of update that Senator Leibell
might want to give us on the Governor's
previous veto of this bill, if the Senator is
willing to yield.
ACTING PRESIDENT KUHL: Senator
Leibell, do you yield a question from Senator
Paterson?
SENATOR PATERSON: Mr. President,
we're just interested in -
ACTING PRESIDENT KUHL: Senator
Leibell, was that a yes?
9844
SENATOR LEIBELL: Yes, I'm sorry.
ACTING PRESIDENT KUHL: Senator
Paterson, the Senator yields.
SENATOR PATERSON: Thank you.
Mr. President, we're just
interested if Senator Leibell would
familiarize us with what were the reasons that
the Governor vetoed this bill in the past, and
perhaps what actions might be taken to either
persuade the Governor that this bill should
become a law or what adjustments have been
made that satisfies the executive branch.
SENATOR LEIBELL: Senator, I do
not have with me a copy of the Governor's
veto. In fact, I'm not even aware of what the
essence of it was.
Suffice it to say that we have
comfort with this legislation that it will
address what we feel is an egregious situation
and will address that problem and take care of
our state police officers and make them
consistent with the way other police officers
are treated.
ACTING PRESIDENT KUHL: Senator
Paterson.
9845
SENATOR PATERSON: Thank you, Mr.
President.
With the clarification, this bill
passed the house 58 to zero last year, 59 to
zero the year before. I still believe that
it's something that should be done. And
hopefully the Governor won't veto it again
this time. Or, as Senator Dollinger suggested
to Senator Marchi, maybe this is a bill that
an override would be necessary, because it's
not clear to me what the Governor's objections
are.
Thank you.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to call
the controversial calendar in regular order.
9846
THE SECRETARY: Calendar Number
788, by Senator Larkin, Senate Print 2653A, an
act to amend the Public Health Law, in
relation to establishing.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Larkin, an explanation has been requested by
Senator Duane on Calendar Number 788.
SENATOR LARKIN: Thank you very
much, Mr. President.
Senator Duane, over the last few
years in America we have found people from all
walks of life, every ethnic background there
is, that these individuals have been coming up
with an illness that nobody knew anything
about.
For example, I have a young
assistant principal at a high school who was
playing basketball with some of the students.
Towards the end of the game, he banged up
against the wall and fell. Two days later, in
the hospital, his ankles and his knees
swelled. The doctors did x-rays, everything
else; they could never tell what it was.
9847
There has been research on it at
the Center for Disease Control. They've been
doing work on it at Philadelphia Medical
Center. And what it's called is reflex
sympathetic dystrophy syndrome. That is the
name given to it by the Center for Disease
Control. We have no known cure.
When it first started about four or
five years ago, people thought it was an
isolated thing. I'll bet if every member of
this body would go back to their district and
find out, you will find that there is someone
in their district.
The main purpose of this bill is to
have the Health Department produce some
program information packets to tell them what
they can do. There is no known cure for it.
All you can do is hope that you can get to
somebody who can help you. In some cases, it
may be physical therapy; in some places, it's
been an operation.
We have a young lady who's in
Senator Leibell's district who two years ago,
at the Bank of New York, was walking down a
hallway in the bank, somehow slipped. They
9848
operated on her back. They thought that's
what it was. But nothing has ever been able
to heal her. She's a woman with three
children from age 10 down, and she's
permanently committed to a wheelchair.
I don't know if anybody here knows
the movie actor by the name of John Seda.
He's been on "Law and Order" and "Third
Watch." I've never seen him on TV, but I've
met him. John Seda is a gentleman born in
Puerto Rico, came to the Bronx, now lives
between Hollywood and New Jersey.
John Seda and his sister were doing
what we used to call in my age group the
three-legged races. You know, you have a
burlap bag and you each put a foot in there.
He was running with his sister, he fell on
her. She was 7 years old.
She's 17 years old now. She must
wear totally dark glasses, like the
ballplayers do. She has to be fed, not just
spoon-fed, but has to be fed that way. She is
confined to a wheelchair. Ten years ago when
it happened, she blossomed to 250 pounds.
Today she's 95 pounds soaking wet.
9849
There is no cure. They don't know
what it is. All we're asking the Health
Department is to be a partner with the people
in the State of New York, as some other states
are trying to do, is to find out how do we
alert them. If this happens, here's what you
have to do: A, B, and C.
I have another person in my
district who I talked to on Saturday because
of knowing this bill was coming up. She's
transported twice a month to Philadelphia,
where she's immersed in water and all of that
stuff.
All we're trying to do is get out
that this is an illness, a disease. What is
it, nobody knows. But we need to get
something out there so that we can protect
some of these people.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: Through you, Mr.
President, if the sponsor would yield.
ACTING PRESIDENT KUHL: Senator
Larkin, do you yield to a question from
Senator Duane?
9850
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Is there any
responsibility in this bill for the Department
of Health to report back to the Legislature?
SENATOR LARKIN: Not at all.
Our main effort, Senator, is that
we have been working directly here ourself -
with the help of Senator Hannon and a few
others who have constituents with this, we've
been trying to put the pressure on our
congressional delegation to do some more
dedicated work with the National Institute of
Health, the Center for Disease Control, and
the center in Philadelphia.
SENATOR DUANE: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Duane, on the bill.
SENATOR DUANE: I'm going to vote
in favor of this, and I think it's a very
laudable cause. But I am concerned that the
Department of Health will not do what they're
9851
supposed to, what the law will mandate them to
do.
Earlier this session, there were
numerous instances of laws that we had
previously passed which directed the Health
Department to do various things, none of which
they did. And even when the law called for
there to be a timetable and report back to the
Legislature, they failed every time at doing
that.
So, you know, hope springs eternal.
Maybe they will do this one. But if they
follow in the footprints they've been putting
out there now, I have no illusion that this
awareness campaign is ever going to get off
the ground.
So I vote yes, because it does make
me feel better. But I don't really think it's
going to help the people of the state of
New York.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Meier, why do you rise?
SENATOR MEIER: Mr. President,
just very briefly on the bill.
9852
I want to commend Senator Larkin -
ACTING PRESIDENT KUHL: Senator
Meier, on the bill.
SENATOR MEIER: -- Senator Larkin
for this piece of legislation.
Since over the last couple of days
some members have shared some personal
experiences, my wife has RSD, Bill. It is a
debilitating disease. And it is a disease
that many times is met, by the nice people who
run insurance companies in this state, with
disbelief and ridicule and attempts to try to
prove that people are crazy.
And what Senator Larkin has done
here today I think gives some real hope and
some real support to people who suffer from
something that is very real, very diagnosable
by a competent physician, and extremely
debilitating and discouraging.
Thank you.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
read the last section.
THE SECRETARY: Section 2. This
9853
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1150, by Senator LaValle, Senate Print 3945,
an act to amend the Mental Hygiene Law, in
relation to requiring.
SENATOR HASSELL-THOMPSON:
Explanation.
ACTING PRESIDENT KUHL: Senator
LaValle, an explanation of the bill has been
requested, I believe by Senator
Hassell-Thompson.
SENATOR LAVALLE: Thank you, Mr.
President.
This bill would amend Section 3205
of the Mental Hygiene Law by adding a fourth
section that would allow us to have OASAS
certify substance abuse homes that are for
9854
patients or clients that are in some sort of
treatment program or who have been released
from treatment and are living in a community.
In my Senate district, and I'm sure
in other districts, there has been a
proliferation of homes that have many
unrelated people living in a community home
and are not living in a home that may meet
code or be in necessarily a good condition.
There are providers that are
providing services for individuals that are
doing a terrific job that have supervised
homes.
The most important thing for a
person who has been involved in a substance
abuse program is to ensure that that
individual be in a home that is like a real
home, that has clean suitable conditions, that
we do not have a home that would, for
argument's sake, have two bedrooms and have
six or seven people, with people living in
basements and other conditions.
This bill is before us because the
Suffolk County legislature passed a local act
and our Department of Substance Abuse
9855
indicated that this was not an appropriate
action by a county legislature. And yet we do
not have local governments with the ability to
go in and regulate in some way those homes and
those situations that have individuals in the
home in sub-par condition.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, explanation satisfactory?
SENATOR HASSELL-THOMPSON: Not
satisfactory enough not to ask questions, no,
Mr. President.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to a question from
Senator -
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you. Thank you, Mr. President. Through you.
Senator LaValle, will the resident
facilities that are described in this bill
have treatment on-site?
SENATOR LAVALLE: No. These
homes specifically, Senator -- if you look at
Section 3205, it talks about residential
9856
programs that are certified by the
commissioner of the Office of Alcoholism and
Substance Abuse Services. These homes exist
because people are outside of treatment, have
no place else to go to live, and are placed
within a home.
Now, some of those individuals are
in extended treatment programs. Some may be
and should be going to an AA treatment
program, to meetings. Or they may once a week
need to go back to the residential facility
for some sort of counseling. But by and
large, this is a home.
The good homes have supervision,
they have a person there that is doing some
counseling, giving some direction. What we
are finding, however, as is always the case,
there are people that do not want to play by
the rules, to have supervision in the house,
to have a suitable number of persons living in
a house.
And so what we are doing is giving
the commissioner certain powers. And by the
way, it is possible that the commissioner
could promulgate rules and regulations to
9857
cover these homes, but the commissioner has
chosen, as of this date, not to go that route.
That's why I'm here before this body, to ask
for statutory authority that would trigger
regulations under Section 3205 of the Mental
Hygiene Law.
SENATOR HASSELL-THOMPSON:
Through you, Mr. President, that answers my
second question, but it doesn't answer some of
my others, if the Senator will yield.
ACTING PRESIDENT KUHL: Senator
LaValle, do you continue to yield?
SENATOR LAVALLE: Yes, I will
yield.
ACTING PRESIDENT KUHL: The
Senator yields to another question.
SENATOR HASSELL-THOMPSON: Thank
you.
You've explained to me, Senator,
why OASAS was selected to the monitoring and
certifying agency. But are there any
appropriations available to offset the costs
that will be associated with this bill?
SENATOR LAVALLE: Not in this
bill, Senator. That would come as a request
9858
from the agency if there needs to be at some
further time. But the answer is no.
SENATOR HASSELL-THOMPSON: If the
Senator will continue to yield.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to another question?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
Senator, you have stated that you
are mandating statutory authority to the
commissioner -
SENATOR LAVALLE: That is
correct.
SENATOR HASSELL-THOMPSON: -
that would allow the commissioner then to
establish those regulations in the application
process for certification for one of these
houses; is that correct?
SENATOR LAVALLE: The answer is
if you look at that section, Senator, it
begins with a provision that allows the
commissioner authority to promulgate certain
9859
regulations.
However, this legislation would, by
putting in this section, in 3205, would very
specifically, as the commissioner issues an
operating certificate, the commissioner would
do so in the same manner that the commissioner
does so for those facilities under Sections 1,
2 and 3.
And some of those things, Senator,
that the commissioner already, under -- when
we look at Sections 1, 2 and 3, the
commissioner, in issuing an operating
certificate, would look at the public need for
chemical dependence services to be
established, taking into consideration local,
regional and statewide need, the character,
competence and standing in the community of
the person or entity responsible for operating
the facility, the overall financial condition
of the applicants, the adequacy of the
premises and the equipment, the personnel, the
records, and the program to provide services.
And it goes on and on as to those
things that the commissioner would look at in
giving a certificate to an applicant or a
9860
provider.
SENATOR HASSELL-THOMPSON: Mr.
President, if the Senator would continue to
yield.
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR HASSELL-THOMPSON: Then
you've just raised another question that
wasn't on my list.
SENATOR LAVALLE: That's all
right.
SENATOR HASSELL-THOMPSON: Those
facilities that currently exist, would they be
grandfathered?
SENATOR LAVALLE: Those
facilities, Senator, under their own section,
already have been given certificates. But
those homes.
SENATOR HASSELL-THOMPSON: In
Suffolk County? In Suffolk County?
SENATOR LAVALLE: Throughout the
state. Throughout the state.
SENATOR HASSELL-THOMPSON: I'm
sorry, would you repeat that?
9861
SENATOR LAVALLE: Those homes in
sections -- those facilities under 3205,
subsection 1, 2, and 3, already have met
certified -- certification requirements. What
we are adding to this section is those
facilities that we call sober homes to the
authority and -- the definition and the
authority in which the commissioner would
regulate. And that will -
SENATOR HASSELL-THOMPSON: I
understand that. I understand that. But
those that currently do not -
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, if I might -
SENATOR HASSELL-THOMPSON: I'm
sorry, Mr. President, through you.
ACTING PRESIDENT KUHL: I'd just
like to remind the members from time to time
that there is an order of rules and we do try
to comply with that.
SENATOR HASSELL-THOMPSON: I
apologize, Mr. President.
ACTING PRESIDENT KUHL: So if you
have another question that you'd like to ask
Senator LaValle, that's fine. This is not the
9862
normal debate process where you can interrupt
the other person and that sort of thing.
So would you like to ask Senator
LaValle another question?
SENATOR HASSELL-THOMPSON: Yes, I
would, Mr. President, if he would yield.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to another question?
SENATOR LAVALLE: Yes. And let
me -
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LAVALLE: Let me just
finish my answer to the previous question.
The short answer is that everyone
in this circumstance would have to apply for a
certificate from the commissioner. So the
answer is yes, everyone would have to -- no
one is grandfathered in, everyone would have
to apply.
SENATOR HASSELL-THOMPSON: Okay.
Then if the Senator would yield for another
question.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to a question?
9863
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON:
Through you, Mr. President. Senator LaValle,
you have said that there is an increase and a
proliferation of these kinds of facilities in
Suffolk County. Why aren't you asking for
this to be directed specifically to Suffolk
County and not statewide?
SENATOR LAVALLE: I suppose we
could always do those things, Senator. And we
do from time to time take an issue and deal
with it very specifically in our own
jurisdiction.
Here we have providers that deal
not only in Suffolk County but across the
state. And so it is my feeling that we should
have, in this issue, one uniform standard for
the whole state.
Because if it's good for Suffolk
County, I believe that it would be helpful
indeed to other communities and to the
municipalities, at both the county level and
the state level, in enforcing the things that
9864
are important in terms of health code
violations. It would help the Department of
Social Services to better monitor what is
going on for the clients that they or we, the
taxpayers, are paying for, and, indeed, for
the town officials to deal with the many
violations that go on but they can't get
inside the home to know whether there are
violations.
So I think that this is -- when
we've dealt with facilities such as this,
whether it be for the handicapped or others,
we've done it as a statewide bill. And that's
why this fits into this section, 3205, quite
honestly very neatly in making it a statewide
bill rather than a local bill.
SENATOR HASSELL-THOMPSON: If the
Senator will just yield for a couple more
questions.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield for another question?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: Thank
9865
you, Mr. President. Through you.
Senator LaValle, have you been in
touch with any other counties to discuss
whether or not this would be injurious to some
of their facilities? Particularly because
you're talking about facilities that already
exist, may have existed, but would not in fact
be grandfathered in but would have to start
the application process along with everybody
else.
SENATOR LAVALLE: Senator, I have
not personally. But people who are involved
in these issues have certainly indicated that
the problem is not indigenous to just Suffolk
County.
And while I say this, I want to
repeat once again my remarks, because I don't
think we can say it enough times, that the
majority of programs could meet this
certification requirement because the
providers have good reputations, want to do
the right thing, want to make sure that there
is a seamless process from treatment to a
person going out into the community.
But so many times we in this body
9866
are constantly protecting the 90 percent from
the 10 percent. And so while most of the
providers are doing a good job, there are far
too many that are shortchanging the clients
that are being dealt with and are not dealing
fairly with the communities that they are
placing these homes into those communities.
SENATOR HASSELL-THOMPSON: Final
question, through you, Mr. President.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to another question?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HASSELL-THOMPSON: What
problems, if any, have you encountered or have
you been told by the New York State Mental
Health Department or from the commissioner
that might be a barrier to executing this
project?
SENATOR LAVALLE: Senator, I can
say this, that from my vantage point -- and
I'm here on the floor of this body offering
this bill because this agency and the
commissioner of the Office of Substance Abuse
9867
Services really has not responded in a way
that would deal with the issues that are
facing constituents that I represent -- when a
community can go and say there are more than
30 of these facilities in a community of,
let's say, 10,000 people, 15,000 people, and
the agency does nothing about it, the comments
fall on dead ears that there are clients in
substandard living conditions, then I think
one of the reasons for government to exist is
to protect the health, safety, and welfare of
people.
This legislation goes to that, both
to the clients who are placed in these
programs and also to the communities that must
deal with an inordinate amount of placements.
So I have a situation very
specifically where I am told by the civic
associations, we have held a press conference,
it's come under some public scrutiny, and the
number of 30 homes in one community has not
been challenged as being wrong.
So the commissioner has had a
chance to address these problems, the agency
as a whole has had an opportunity to address
9868
these problems and has not. I think this is
the appropriate place for us, for the citizens
we represent to bring their grievances and
have them dealt with in a fair way. And, I
believe, not blocking in any way the ability
of good providers from continuing to do what
they are doing in providing services and doing
it in a user-friendly way in the communities
that we represent.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: I have
one final question.
ACTING PRESIDENT KUHL: Senator
LaValle, do you yield to one final question?
SENATOR LAVALLE: Yeah. I'm not
going anyplace.
ACTING PRESIDENT KUHL: I think
that was a yes, Senator.
SENATOR LAVALLE: Yes.
ACTING PRESIDENT KUHL: Okay.
The Senator yields.
SENATOR HASSELL-THOMPSON: Thank
you, Senator. Through you, Mr. President. Am
I clear, then, that this legislation will give
9869
site-selection control to local communities in
terms of the number and the placement of those
facilities within the community?
SENATOR LAVALLE: Senator, I will
read to you very specifically, so that you are
clear -
SENATOR HASSELL-THOMPSON: I read
this.
SENATOR LAVALLE: Okay. And the
answer is there will be criteria or standards
that the commissioner will evaluate the public
need for chemical dependence services to be
established, taking into consideration local,
regional and statewide need, the character,
competence and standing in the community of
the person or entity responsible for operating
the facility, the adequacy of the premises,
equipment, personnel records, and so forth
going on, that such services will be provided
in compliance with applicable law and
regulations. And I'm just picking here, some
of the provider services will provide
residents with continuity of care consistent
with treatment and discharge plans.
So, yeah, there has to be criteria.
9870
Will that criteria be exclusive? Not
necessarily if you meet the conditions. And I
don't think that any of our communities -- as
long as there are standards, that everyone is
playing by the same rules, that I think there
is a tolerance and has been a tolerance for
various residential facilities.
But it has to be done in such a way
that it does not exclude the current laws that
are provided for by our counties and our towns
and our villages. I think they need to be
recognized and enforced and enforceable.
SENATOR HASSELL-THOMPSON: On the
bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: I
certainly appreciate, Senator LaValle, your
accommodating me with a full-blown
explanation.
As you may or may not be aware, for
close to 25 years of my adult and professional
life I have worked with the substance-abusing
population in the County of Westchester. And
certainly most and much of what is in this
9871
legislation I would have to be supportive of,
both from the professional side and also as
someone who has been in local government.
I guess the only -- before I get to
the concern, let me say too that certainly on
the face of this I am very supportive of the
attempts of this legislation.
The concern that I feel and sense
is that even though there is the belief that
there will be no fiscal impact on the state to
implement this certification, it is going to
be impossible for those good facilities, as
you describe, to be up and running and to be
able to qualify for this criteria should, in
fact, that criteria include physical
improvements to the facility.
And nowhere in the existing budgets
is there space and room for the kind of
possible renovation, construction,
redevelopment in order to meet this criteria.
Is that a bad thing? No.
Obviously it's not a bad thing to ask them to
bring them up to speed. But again, without an
appropriation, I don't see that this will
respond as well as we would need to without an
9872
appropriation.
The other thing that becomes really
of concern to me is the increasing number of
young people, particularly, who, once they
become addicted to substances and who are no
longer in a treatment facility, but also who
are homeless and who find themselves in a lot
of these facilities around in the County of
Westchester.
And I'm not sure that you have the
homeless population in Suffolk that we do in
Westchester and in the Bronx and Lower
Manhattan. But certainly I would say to you
that the numbers of people who are addicted
and who continue to be in a perpetual state of
recovery find themselves in a homeless
situation. And for them, the kind of
residential facilities there aren't nearly
enough.
And the difficulty is that there
are some communities that are more forthcoming
in terms of providing facilities than others.
There are communities that -- you know, we
talk about affordable housing. This is
something that's really very -- not on the
9873
cutting edge for a lot of communities to
provide for a population that people would
just like not to believe exists.
But these are people who belong to
our families and our communities, and
certainly there needs not only to be the
corrective measures that you are describing in
this legislation to ensure that the ability of
people to be in a residential facility that
speaks better to their total recovery or
better opportunity for recovery than where
they physically are, but we need an increased
number.
And so it would be my concern if
the hidden attempt within this legislation
would be to control the numbers of facilities
that could come to a community.
Having said all that, I am
appreciative of your efforts and those of
Department of the Community Mental Health in
terms of attempting to regulate, to upgrade
the facilities that do exist in our
communities. Because certainly I know that
our local building departments are always
stymied in terms of how do they address some
9874
of the problems that are brought to them by
community persons. And there needs to be an
agency that is responsible for the monitoring
and certifying.
But I would just encourage us as we
do this to recognize that there is going to be
a need for an appropriations attached to this
to ensure the success of what your goals and
your objectives are in this bill.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the debate is closed.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
9875
President. Would you please call up Calendar
1165.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1165, by Senator Saland, Senate Print 5550, an
act to amend the Education Law, in relation to
conditional hiring.
SENATOR HEVESI: Explanation.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT KUHL: An
explanation of Calendar Number 1165 has been
requested, Senator Saland.
SENATOR SALAND: Thank you, Mr.
President.
Mr. President, as you may recall,
last year this house and the Assembly passed
legislation which was signed by the Governor
which provided for the fingerprinting of all
school employees. Among the various
provisions of the bill, one was the effective
date, the effective date of July 1 of this
year.
What has occurred is that I and
perhaps many of you have been contacted by our
9876
respective school districts telling us that
there are some logistical problems in terms of
getting the new hires through this process
with the July 1 effective date. And they are
concerned that come the 1st of September or
soon thereafter when school will start that
this process will not have effectively run its
course.
In order to respond to the needs
that have been expressed by the School Boards
Association and various school districts, and
to deal with the issue of temporary hires as
well, we are endeavoring to accommodate those
schools in the following fashion.
What we are going to attempt to do
here is to say that for those school districts
who wish to exercise this option -- because it
will not be required of the school district -
to hire conditional employees pending their
certification or criminal background check
which is accomplished through fingerprinting,
they must establish first a safety policy.
Secondly, every conditional
employee must sign an affidavit with respect
to his or her criminal record or lack thereof
9877
and must have their fingerprints taken. Those
fingerprints will then be forwarded, in the
ordinary course of business, on to DCJS, the
Division of Criminal Justice Services, through
the Ed Department, and at that point the
process of the fingerprint screen will begin.
It's anticipated that that process
will probably take no more than two weeks.
And those are not necessarily school days or
business days, but 10 days to two weeks.
Assuming a clearance -- and DCJS is
responsible for maintaining criminal records
of those crimes which have occurred in the
State of New York -- that person, with the
approval of the school board, would then have
the ability to be hired as a conditional
employee, subject to the FBI screen.
Now, the FBI screen takes anywhere
from 30 to 45 days. What we've done here is
to craft a mechanism to deal with the hiring
of conditional employees that has not only an
optional component but a public safety policy
requirement of the school district with
respect to the oversight of children by
employees who are conditional employees, an
9878
affidavit the violation of which would be, in
the first instance, the commission of a crime
for filing a false instrument, and, in the
second instance, grounds for immediate
termination, and also a screen by the Division
of Criminal Justice Services.
In some instances there may be
emergency situations, situations in which it
becomes imperative to provide somebody in
either a classroom or a school setting. And
if you look at page 2 of the bill, in lines 11
through 14 we define what constitutes an
emergency vacancy. And we say that an
emergency vacancy shall mean an unforeseen
vacancy which must be immediately filled to
maintain services which the districts are
legally required to provide or services
necessary to protect the health or safety of
students or staff.
In those emergency situations, all
of the conditions which I listed or mentioned
previously -- again, optional by the school
district -- the public safety or school safety
policy that they be required to adopt the
affidavit, the taking of the fingerprints. In
9879
that particular situation, the school, should
it choose to do so by a vote of its board,
could hire a conditional or temporary
employee.
Again, this is an effort to deal
with initially the significant numbers of
people who have to be placed in this process
this year due to the July 1 effective date.
Thereafter, it's not anticipated, because of
the numbers of people who will have gone
through the process and the fact that the law
will be effective on the books from July 1
henceforth, that the problem in terms of
numbers would not be anywhere near as
demanding.
Questions with regard to temporary
or conditional employees certainly would still
be there, and we believe that this bill
effectively addresses those issues.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
if Senator Saland would yield for a question.
ACTING PRESIDENT KUHL: Senator
9880
Saland, do you yield to a question from
Senator Paterson?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, why
is what we're proposing in this legislation
only available in districts outside of
New York City? Is New York City any better
prepared than the outlying areas and
districts?
SENATOR SALAND: This legislation
in effect piggybacks on the legislation that
we enacted last year, the more comprehensive
or omnibus legislation.
Our bill last year did not deal
with the school system in the City of New
York. It dealt with those schools outside of
the City of New York. It was felt at the time
that the City of New York had a system, that
the City of New York system is one with which
they apparently had a degree of comfort, and
they at the time certainly indicated no
interest in being part of this particular
9881
proposal.
SENATOR PATERSON: Mr. President,
if Senator Larkin would yield to one last -
I'm sorry, if Senator Saland would yield to
one last question.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to one last question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: I may want
Senator Larkin while I'm here.
I notice that there's no Assembly
cosponsor in this legislation. Now, the
issues of the schools feeling that they need
more time to be in compliance is certainly
widespread. Many of us have heard from the
schools. There's an article in the newspaper
today, I believe it was in the New York Times,
about that same issue. But I just wanted to
know, so that we can meet the obligations or
the needs of the schools, where does this bill
stand in the Assembly?
SENATOR SALAND: We are
9882
negotiating with the Assembly. My prior
version of this bill was in fact sponsored by
Assemblywoman Matusow, who also was involved
in negotiations in the original legislation.
And I would certainly hope and
would like to reasonably expect that we will
come to a conclusion in a satisfactory fashion
in time to beat the July 1 deadline.
SENATOR PATERSON: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Paterson, explanation satisfactory?
SENATOR PATERSON: Yes, Mr.
President, it is.
ACTING PRESIDENT KUHL: Senator
Hevesi, why do you rise?
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor please yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question from
Senator Hevesi?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
9883
SENATOR HEVESI: Thank you, Mr.
President.
My first question is, I remember in
the Education Committee voting on a bill very
similar to this. Is this a different print?
And if so, can you differentiate between the
version that came through Education and this
one?
SENATOR SALAND: Thank you,
Senator. This is an amended version. And I
believe in my response to Senator Paterson I
may have alluded to that.
What this bill does is it sets up
primarily one, I think, major distinction here
between this and the original bill. We
provide for the involvement of DCJS in all of
those -- I'm sorry, the DCJS clearance in all
of those situations other than emergency
situations.
So there's at least one filter or
screen. So that when somebody who is proposed
to be a conditional employee in a situation
which is not an emergency situation is being
processed, they would at the very least have
to clear the DCJS criminal investigation or
9884
criminal clearance.
SENATOR HEVESI: Thank you.
Mr. President, would the sponsor
continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question from
Senator Hevesi?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you.
This is obviously a much better
version than the version that came through the
Education Committee, which would have allowed
school districts who have a pressing need to
hire teachers, albeit conditionally, without
the background check. And so I believe the
major difference in this is it simply
restricts that to emergency situations as you
defined in the bill.
I have a couple of questions. The
first is, since the checks have to go through
DCJS, and it's the time constraints in order
to do that that have proven problematic, is
9885
there any requirement in state law or have you
considered putting in a requirement that DCJS
must accept and process these applications
before other applications so that we don't
actually have a need to exempt anybody from
the requirement that the teachers be fully
checked before they get in a classroom?
SENATOR SALAND: I believe in the
first paragraph of the bill there's a
provision for prompt notification -- there's
an effort to provide for prompt notification
of a school district by DCJS upon a review of
a prospective conditional employee.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you.
I understand that. But it does not
say that DCJS must process applications that
are -- that come from school districts who
9886
have said this is an emergency situation,
please process this first. And it seems to me
that if we did that, we might solve this
problem entirely without putting anybody at
risk, as I think ultimately this bill could
wind up doing.
SENATOR SALAND: The system we
feel confident will not present any problems
on the DCJS portion of the equation. The
clearance has to come through SED. SED
becomes the conduit, the State Education
Department.
We have no reason to assume that
DCJS will not be able to take care of these
clearances in any time period that's greater
than what's been represented to us, which is,
as I said, about 10 days to two weeks.
SED becomes -- again, I use the
term "filter." They're the ones that notifies
the school district, they're the ones who
notifies the school district as to whether
somebody is cleared or not. And when I made
reference to the commissioner, my reference
really should have been made to the Education
Department's commissioner.
9887
And that is the clearance or the
notice that ultimately comes to the district.
It doesn't come directly from DCJS. DCJS does
all the processing, but the Ed Department is
the repository for all this information and it
is really the authority that says either
you're clear or you're not clear, depending
upon what they get from the DCJS and the FBI
ultimately.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you.
I'm a little bit confused. Is the
reason that we need this legislation the fact
that the fingerprinting process is too lengthy
and we have to get teachers into a classroom
before they're cleared, and it's the
fingerprinting aspect? Or is it the State
Education Department, which has as a component
9888
getting the fingerprints from DCJS, is it SED
that is the problem?
I thought it was the fingerprinting
that was the real problem.
SENATOR SALAND: The reason we
need the bill -- and I'll make reference to I
believe the article that Senator Paterson
referred to earlier. I think they said that
they anticipated processing some 60,000 school
employees. And I'm referring to a Times Union
article. I don't recall who the spokesperson
was.
Inasmuch as there have been no
regulations to date, and the effective date is
the 1st of July, they have a significant
number of people that they have probably two
months or so to process. In addition, there
will be, as cases arise, provisional or
emergency situations, whether it be due to
some injury befalling a staff member or a
teacher, and somebody will have to be hired.
The problem now is an
administrative one, in the first instance,
this abundance of applications that's going to
come through the system. In the second
9889
instance, there is a natural delay that's
built into the process, which perhaps if there
were only a handful might not be as difficult.
But when you're processing as many as 60,000
applications, by the time it gets to DCJS and
by the time they do their criminal screen -
and again, the FBI is out of this mix for our
purposes, or immediate purposes -- you're
talking a turnaround time, DCJS only, of
10 days to two weeks, as I said earlier.
And there will be some time that
will be added on by the Ed Department on
either end of that process. How much time? I
would imagine a matter of several days,
perhaps two or three days going each way as
they process these things. Whether that time
will be reduced as there are fewer numbers to
deal with remains to be seen. I would
reasonably expect that it would be.
So it's a combination of the
numbers, the fact that it's a new, in effect,
program being initiated, and the need to have
the fingerprints. So it's not solely one
factor. But if you're looking for a factor, I
would say that the principal concern -- if you
9890
only want one, if you want my biggest concern,
my biggest concern would be the fingerprints.
But again, it's not exclusive.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question from
Senator Hevesi?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Let me lay it
out this way, because I really -- I'm going to
make every suggestion I possibly can to avoid
what this bill would allow, which is teachers
to be in classrooms without having been
fingerprinted and cleared. They will have
been fingerprinted, they won't have been
cleared. I think that is an awful thing to do
in terms of public policy.
I understand that there is a need
there, but I'm going to make a suggestion here
that I think would obviate that need. This
bill would say that if you have an emergency
9891
situation in your school district that you
would not have to wait until a teacher is
cleared through their fingerprints to put that
teacher in a classroom.
My suggestion is, since there are
60,000-some-odd applicants goes through SED
and, by extension, going through DCJS, that we
mandate in law that any school district that
proves that they are in an emergency
situation, that by law those applications
both, through SED and through DCJS, are
processed first and immediately. And as a
result, we wouldn't have a delay and we
wouldn't be able to then have a situation
where we're saying, okay, go into a classroom
before we've cleared you.
Why don't we do that, Senator?
SENATOR SALAND: Well, let me
give you a couple of responses. First, we
actually thought that this problem was taken
care of when we passed the legislation. The
Ed Department felt that the bill did not give
them specific enough direction to deal with
the issues of temporaries or conditionals.
But let me give you an example of
9892
perhaps one of the major problems. As you
know, there are children with special needs in
school districts. The federal government
requires that they have teachers' aides. If
you do not have a teacher's aide with that
child pursuant to his or her IEP, individual
education plan, if you do not have one within
10 days, then you have to home-school the
child.
I would say that you're probably
talking hundreds, perhaps, maybe even
thousands of instances in which you would have
a person who, simply because of the federal
requirement, would be incapable of being
screened regardless of what priority you gave,
because you couldn't get it done in 10 days.
So you would then be in violation
of the federal law to provide these IEPs, and
you would have to accommodate by
home-schooling each and every one of these
children who would otherwise have a teacher's
aide.
So it doesn't lend itself to an
easy answer. If it was there, we would have
found it already. I appreciate your
9893
suggestion, but it's just not a
one-size-fits-all universe.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question from
Senator Hevesi?
SENATOR SALAND: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you.
I guess it's possible that there's
a situation where the school district doesn't
have anybody to come in and take over the role
of an unforeseen vacancy. Unlikely, but
possible.
And I'll address why I still don't
think it's a good idea when I speak on the
bill. But even if I accept what you've said,
I don't believe that that's an argument
against requiring in law that any emergency
situation that arises should be met by SED and
DCJS with a response that those are the
applications that are immediately processed.
And it seems to me that if they did
9894
that, we might be able to hire these teachers
much more expeditiously than even the process
that exists today.
Why don't we do that also is my
question, Senator. Is there a good reason not
to do that? I don't know why we wouldn't.
SENATOR SALAND: Reason not to
do -
SENATOR HEVESI: Not to require
in law that emergency situations on an
application by a school district are met with
a required response by SED and DCJS that those
applications are processed ahead of the other
60,000 applications and therefore would be
cleared or not cleared, which is the point
here, immediately or as quickly as possible.
SENATOR SALAND: What you would
wind up doing, effectively, would be to
slow -- I believe to slow down the entire
process. Because this determination is going
to be made on a case-by-case basis by the Ed
Department.
The mere fact that the school says
it's an emergency doesn't mean that SED is
going to agree that it's an emergency. They
9895
may declare that it's an emergency hire, but
somebody has to make that ultimate
determination at SED. And if they're going to
be inundated by a series of requests for
emergency hires, then they could well find
themselves in a situation where everything
else gets put to the side.
We've constructed here a system
which we believe works. We certainly, when we
crafted the initial legislation, were greatly
concerned about providing safety in school
settings for children.
Incidentally, the classic profile,
under testimony by experts on the subject, is
generally of a person who ingratiates
himself -- of the pedophile or the sexual
predator in the classroom who ingratiates
himself or herself and over a period of time,
in effect by bolstering the rapport between
that employee and student, gains the
confidence and then takes advantage of and
abuses the student.
I think the likelihood of that
being a major occurrence or even a minor
occurrence in a situation in which this
9896
process is going to run probably no more than
45 days, certainly at the outset -
absolutely, I would think, 60 days as you wait
for the FBI response -- I just don't think
that it really represents a clear and present
danger or an imminent danger to our students.
SENATOR HEVESI: Mr. President,
would the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you, Mr.
President.
With the greatest of respect for
the sponsor, I completely disagree and would
put the question to the sponsor -- I
understand that New York City is not included
in this bill. I'm glad it's not.
But let me suggest to you by way of
a question that one of the reasons New York
City may not be included in this bill -- and
here's the question -- are you aware, Senator,
9897
that one in every 20 applicants for New York
City teaching positions result in a criminal
background hit that there was a criminal
history? One out of every 20 people who apply
to be a teacher in New York City have a
criminal history. Are you aware of that?
SENATOR SALAND: I'm aware that
about 5 percent, which would be your one in
20, of employees. And I don't know if
employees -- if your definition being limited
to teachers is accurate. But of people
applying for employment in the City of New
York have a criminal background. I didn't
think it was limited to teachers. I believe
it was all school employees.
And again, I would repeat what I
said before. Please be mindful of the fact
that this is optional. If a school doesn't
want to do it, it doesn't have to do it.
They must establish a policy that
provides for public safety of the child or
security of the child. They must sign an
affidavit which says they have no criminal
record or disclose that criminal record, the
violation of which, by making a false
9898
statement, would be at the very least an A
misdemeanor; whether it would be an E felony
would be another question.
And there would be, depending upon
the circumstances -- certainly in the case of
the special ed kids that I mentioned before,
there would probably be supervision and
there's -- there would have to be supervision.
And there is nothing in this bill
that would prevent the school district from
requiring supervision. If they're concerned
about their liability, they certainly could
require supervision. If they're concerned
about their liability, they could choose not
to hire anybody provisionally until such time
as they had secured a clearance.
SENATOR HEVESI: Mr. President,
will the sponsor continue to yield?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR HEVESI: Thank you. And
9899
I'll ask one or two more questions and then
speak on the bill.
Here are my concerns. One is that
the school district that's making the
application, saying this is an emergency
situation, is by definition in a bad place.
They're the ones who are short of teachers, as
so many school districts in New York State
are, and they are therefore, by definition,
interested in getting teachers into the
classroom and may be much more likely to go
ahead and file this emergency application.
I'm not sure whether they should be the
arbiters of whether or not this is a good
idea.
Secondly, the question as to
whether or not a school district would then in
every circumstance require additional
supervision, if you think that's a good idea,
Senator -- and I certainly do -- why don't we
put it in the bill that if you go ahead and do
this and you get the approval to do it, that
there is the additional element that before
the fingerprints come back and you get the
full clearance by SED and DCJS that anybody
9900
who has been conditionally hired has to be in
the classroom with another adult, even if that
other adult doesn't have the same credentials?
I mean, is that not -- why are we
opening this up? This is dangerous, is it
not?
SENATOR SALAND: We're not
opening it up because when we required
fingerprinting of school bus drivers, we did
the same thing. And that preceded my bill of
last year. We permitted conditional hires of
school bus drivers subject to criminal
clearance without any supervision.
So this is not precedent-setting.
I hope you don't think it is. And we have
really put on many more bells and whistles,
considerably more, than were provided when the
law was enacted for conditional hiring of
school bus drivers.
I have enough faith in school
districts to say that those that exercise
their judgment, if they determine that there's
an issue of discomfort, they don't have to do
it at all. If they determine that they
require supervision in some situation, they
9901
can. And as I said, in certain situations
they will have no choice. Certainly that will
be the case in special education.
SENATOR HEVESI: Mr. President, a
final question for the sponsor if he would
yield.
ACTING PRESIDENT KUHL: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields to a final question.
SENATOR HEVESI: Just a question
clarifying your last response. Is it the case
right now that school bus drivers in New York
State can be hired conditionally and be alone
with children before they have gotten their
clearance from SED and DCJS?
SENATOR SALAND: When the
legislation was enacted -- and it's still in
the law -- it provided for conditional hiring
of school bus drivers. Whether, again, that
was a -- whether that represented an
administrative problem at the time because of
the effective date, I can't tell you.
9902
But if you look up the law, if you
look up the statute -- I can't give you the
section off the top of my head -- you will see
the language that says that school bus drivers
can be hired conditionally without need for
supervision.
SENATOR HEVESI: Currently?
SENATOR SALAND: Currently.
SENATOR HEVESI: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT KUHL: Senator
Hevesi, on the bill.
SENATOR HEVESI: Thank you, Mr.
President. I thank the sponsor for his
patience and his extended answers. I
appreciate that.
Let me say at the outset, this bill
is much better than the bill that went through
the Education Committee. But the fact that we
passed the bill -- and I voted against this,
and Senator Stavisky voted against it, and I
believe a number of my colleagues did -- the
fact that we had another bill which would have
opened this up to anybody without the caveat
in this bill that says it's a narrow situation
9903
lends some credibility and some concern that I
have to the notion that this idea that we're
going to now accept emergency applications,
that these emergency applications are going to
be really widespread because there are a ton
of school districts in the state who want to
hire more teachers.
Let me say flat out, this is not a
good idea. And I'll go one step further than
Senator Saland was willing to go and say that
even if some students wound up not having a
qualified teacher or a certified teacher in
their classroom for some short period of time,
which I think is probably unlikely, that that
is better, that is better than having somebody
in the classroom alone interacting with
children before we know whether they have a
criminal history.
Flat out, I'd rather those kids be
supervised by somebody who's not a teacher
than take a chance, as remote as that chance
may be, that something bad could happen.
Particularly in light of all the horrible
incidents that have occurred in New York City.
We had a teacher in the Bronx who had an
9904
unbelievable extended criminal history not too
long ago. And this type of legislation, I
believe without a shadow of a doubt, will
result at some point in some location with
kids in a classroom with nobody else in the
classroom except for somebody who has not been
cleared by DCJS, and that person may or may
not have a criminal record, and somebody will
have a criminal record.
How do we know this? We know
because in the State of Washington, 4 percent
of all their applicants for school positions
had criminal records. In New Jersey, Mr.
President, 1 percent of all applicants for
school positions came up with hits for
criminal backgrounds. That's one in a
hundred. And most startlingly, in New York
City, one out of every 20 applicants for a
psychological position had a criminal
background. Okay?
And let me tell you something. On
the application to apply, I'm pretty sure that
the question is put to these individuals: Do
you have a criminal background? Irrespective
of the fact that they are going -- and I see
9905
Senator Marcellino nodding his head, as a
former schoolteacher. They are asked that
question on the application, Do you have a
criminal background? And one in 20 in
New York City said no, then went through the
check and, bang, there was a hit. They lied.
So despite Senator Saland's
suggestion that the fact that they would be
committing another crime by filing a false
instrument by saying that no, they don't have
a criminal history, that wasn't a deterrent
for one out of 20 applicants for New York City
positions.
And the fact that New York City
does have the strenuous check and there will
be no exemptions because they're not covered
under this bill is another reason why we
should not do this bill. And here's the
logic. If everybody knows when they apply to
become a schoolteacher in New York City that
they will not get into a classroom before
there is a criminal background check and they
know that in certain circumstances, pursuant
to the passage of this bill, that there are
other school districts in the state where they
9906
could, they might as well go into other school
districts and apply in other school districts,
with the perception and the reality in some
cases that there is a more lenient standard in
other areas.
So this is a big mistake. I would
never, never, never take this risk,
particularly in light of all the problems that
we've had in New York City and elsewhere.
I know Senator Saland doesn't want
to compromise the safety of any child. But to
suggest that by saying that we require the
school district (a) to show an emergency
situation and (b) to then, and with this
nebulous phrase, you know, provide for the
safety or ensure the safety, why are we
leaving it open to people who have the
problem, who are so desperate for teachers
that they need to circumvent the security
process, why are we leaving it to these folks
to be more restrictive in their process when
they're by definition the ones who have the
most pressing need and are least likely to be
concerned with the security needs? They are.
They need to get more teachers in.
9907
So it's less likely that these
school boards are going to put additional
supervision in there, because they don't have
these resources. They're also more likely to
be the ones who file the emergency
applications. And so why are we asking them
to police themselves when we have people who
are going to now say, go ahead into the
classroom, be with our children though we have
not proven yet that you are not a criminal?
This is just a bad, bad idea. And
I can almost guarantee that somebody with a
criminal background is going to wind up in a
classroom with our kids. It's almost a
guarantee. I just -- I cannot see doing this.
I vehemently opposed the bill that came
through the Education Committee.
I have a suggestion here, and I,
you know, went through this with Senator
Saland that, by law, anybody who makes an
application that they have an emergency
situation in a school district where they have
the shortage, and whether that will trigger
some other negative implication by law, that
would seem to prove the emergency situation,
9908
that SED and DCJS are required in those
situations, irrespective of the number of
applicants who say they have an emergency,
those applicants should be processed first,
immediately, ahead of the other 60,000.
And to be honest with you, I
actually believe that in the overwhelming
majority of cases, that will result in a
situation where nobody gets in a classroom
before they've been cleared. And those
schools who have the emergency situation,
those will have the applicants who are cleared
first. And those applicants who are cleared
first then and only then will get in a
classroom with our kids.
This one is clear to me. I
understand that we have this problem. And to
be honest with you nobody, nobody has a bigger
teacher shortage than the City of New York.
And the problem is going to be exacerbated in
the next few years. We've got a huge
shortage. An attrition rate of New York City
public school teachers of 50 percent within
the first five years.
So we are desperate to get new
9909
teachers into the classroom and, by extension,
to process them as soon as possible. But we
would never think of allowing this type of a
situation -- every situation in New York City
can be classified as an emergency. We have
huge problems in New York City.
But not only would nobody from the
New York City delegation endorse a bill like
this, the sponsor didn't extend the, quote,
unquote, benefits of this bill to New York
City. Which of course you shouldn't do. But
New York City is the ultimate example of a
school district who, if this bill is necessary
for anybody, it's necessary for New York City.
Mr. President, this is a bad idea.
Somebody will -- this will result in somebody
with a criminal history teaching our kids or
being alone with our kids. Even if children
as a result of this not passing were sitting
and not learning in a classroom, at least we'd
know they were protected. That's more
important.
I'm against this bill. I urge all
my colleagues to be against this bill. And
though I certainly commend Senator Saland for
9910
trying to address this problem, I really
believe we should be addressing it the way I
suggested and requiring these applications in
emergency situations to be processed
immediately, first, before anybody else. And
that way we're protecting our kids. That's
the number-one priority always, above all
other concerns.
I will be voting no.
ACTING PRESIDENT KUHL: Senator
Stavisky, why do you rise?
SENATOR STAVISKY: Most of my
questions have been answered, but I have two
very, very, very quick questions, if the
Senator will yield.
SENATOR MARCELLINO: Senator
Saland, do you yield to a question from
Senator Stavisky?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR STAVISKY: You explained
how this bill differed from the one I opposed
in the Education Committee. Did the previous
9911
bill include charter schools also?
SENATOR SALAND: Yes. It
includes all of the same schools that were
included in the original legislation.
SENATOR STAVISKY: All kinds of
charter schools?
SENATOR SALAND: Charters, BOCES.
SENATOR STAVISKY: Right. Well,
charter schools -- Mr. President, through you.
ACTING PRESIDENT KUHL: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR STAVISKY: I recall the
previous bill had quite a number of memos in
opposition.
SENATOR SALAND: Did it? As far
as I know, there were no memos in opposition,
only memos in support.
SENATOR STAVISKY: Only memos in
support?
SENATOR SALAND: Correct.
SENATOR STAVISKY: What about
9912
this bill?
SENATOR SALAND: I haven't
received anything, simply because this bill
has only been out for a few days.
I'm assuming that the same parties
that sent the memos in support will probably
similarly send memos in support on this bill
as well.
SENATOR STAVISKY: Thank you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT KUHL: Senator
Duane, on the bill.
SENATOR DUANE: I voted against
the 2000 version of this bill, and I
understand the need to try to fix that bill
now.
But, you know, call me zealous, but
I don't understand why, on an issue of such
grave importance, between the year 2000 and
now we didn't have a hearing where we called
in the local districts and the unions and
9913
State Ed and the commissioner and DCJS and the
feds and asked them how this bill could be
implemented, if it was necessary at all. It
seems that that would have saved an awful lot
of time and pain and it would have answered a
lot of these questions by people far more
expert in the implementation of it than we
are.
So once again, it just goes to show
that, you know, we stand around talking to
each other even though we prove when we pass
legislation, like we did in the year 2000,
that we actually don't know that much and we'd
be better off asking other people what the
bills actually would do when they're
implemented.
So I hope this provides a lesson to
us that, you know, maybe we might just
consider the tool of having a hearing.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Oppenheimer, why do you
rise?
SENATOR OPPENHEIMER: If the
9914
sponsor would yield for one little question.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question from
Senator Oppenheimer?
SENATOR SALAND: Yes, Mr.
President.
If Senator Oppenheimer would
indulge me for a moment, I just would like to
put Senator Duane's mind at ease. We held
four public hearings at different locations
around the state on this bill. And perhaps
that might somehow or other impact his
ultimate position on the bill.
Thank you.
ACTING PRESIDENT KUHL: Senator
Oppenheimer, the Senator yields.
SENATOR OPPENHEIMER: My question
is, what did you say -- I think I didn't hear.
What did you say was the amount of time that
would transpire when we sent off the
information to -
SENATOR SALAND: The clearance to
be done by the Division of Criminal Justice
Services, DCJS, takes, we're told, 10 to 14
days.
9915
The information to be cleared by
the FBI takes longer. We're told it could be
anywhere from 30 to as many as 45 days. It's
a process that we can't control. We can only
attempt to avail ourselves of whatever
information they provide as quickly as we can.
SENATOR OPPENHEIMER: On the
bill, please.
ACTING PRESIDENT KUHL: Senator
Oppenheimer, on the bill.
SENATOR OPPENHEIMER: You know,
reasonable people can arrive at very different
conclusions with all honesty and sincere
conviction. I feel this is a bill that we
have to support, because I cannot imagine
having a classroom with nobody in charge, with
no teacher there conducting the class.
I cannot see, considering the
emergency that does exist in certain areas of
our state. They do not exist in my area, but
I do know they exist in other areas. And if
we do not have a teacher to stand in that
classroom and, you know, run the class, who
are we going to have in there?
And I think this is as reasonable
9916
as we can get. Yes, it would be wonderful if
we didn't have this pressure on us and if we,
you know, could get the criminal justice
checkups done in two days. But we have to be
reasonable and we have to see what the reality
is.
And to me, the reality is I want
someone in that classroom and as soon as
possible to get the background checks. So I
think this is a bill that's just the most
reasonable and logical answer to the problem.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield to a couple of questions, Mr.
President?
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question from
Senator Dollinger?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Senator, is
9917
there a student-employee exception in this
bill?
SENATOR SALAND: Student
employee?
SENATOR DOLLINGER: Mm-hmm. The
school district hires a junior in high school,
someone who is in the school building all the
time, to go out and work as a groundskeeper.
Or in the case I know of, a video -- there's a
student at one of the high schools I represent
who's apparently a brilliant videographer, so
he shoots video of everything that moves in
the school district. They're hiring him for
the summer as an employee, and the question is
whether they have to fingerprint him.
SENATOR SALAND: The criteria for
determining whether you're printed has nothing
to do with whether you're a student employee
or a regular employee. It's whether you have
regular contact with students.
So if he's a student employee who
has regular contact with students or she is a
student employee who has regular contact with
students, they would have to be fingerprinted.
You won't find that in this bill.
9918
You will find that in the bill that we did
last year.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Saland will continue
to yield.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Senator,
would you think an amendment to create an
exception for student employees might be
reasonable given the cost, the administrative
problems, all the issues that prompt this bill
in the first place? That is, that there are
going to be lots of these applications. Do
you think that a student exception to this
bill would be appropriate?
SENATOR SALAND: It's certainly a
case of first impression. As I mentioned a
bit earlier when I was responding at least in
part to Senator Duane's comments, we held four
public hearings in different locales in the
9919
state. I'm sure, if my memory serves me
correctly, we probably held one in Western
New York also.
We never heard any mention of any
issue involving student employees. I'll be
very happy to take a look at it, Senator
Dollinger. I'm not sure quite what the
universe consists of similarly impacted
student employees. But I'd certainly be happy
to take a look at it, Senator.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: I must confess
my counsel just mentioned to me, and
rightfully so, that if he or she was a
juvenile, they would be sealed records and
wouldn't show up on a DCJS search.
SENATOR DOLLINGER: That too is
an interesting question.
Through you, Mr. President, this
statute, the proposal, this proposal includes
the phrase "conditional appointment." Is that
9920
a phrase contained in either the Civil Service
Law or under the Education Law? I mean, I've
heard the term "probationary employee,"
"probationary teacher," but I've never heard
the phrase "conditional appointment" as a
civil service designation.
And my question is, how does that
phrase work in with all that other mass of law
that we have out there that governs public
employees?
SENATOR SALAND: The term is one
which was provided us in the course of our
discussions and negotiations with SED. They
provided that as the term of art to use. And
whether it's used elsewhere in the Education
Law, I honestly couldn't tell you.
My assumption is the clear meaning
of the language, you are employed
conditionally unless and until such time as
either you're told that you shouldn't be
employed, for whatever reason, or at which you
become an unqualified employee.
SENATOR DOLLINGER: A final
question, through you, Mr. President, just so
I can make sure I understand this.
9921
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Senator
Saland, this may involve an interpretation of
last year's bill, the bill we did last year as
well.
The fingerprints come through,
either DCJS or the FBI, and there's a
determination made not to clear. Is that
determination binding upon the local school
district? Could they create an exception
based on their determination about the level
of offense, the time from which they've
applied, the circumstances of rehabilitation
or restitution to, in essence, waive a strict
adherence to the disqualification from either
DCJS or someone else?
SENATOR SALAND: SED has the
ability to say you don't clear. And if you
don't clear, that's pretty well the end of the
ballgame.
9922
However, the bill that we did last
year included Article 23A, I believe, of the
Corrections Law, which sets forth criteria or
factors to be considered with regard to
somebody who was previously convicted of a
crime. And those factors are laid out and
include issues of relevance, remoteness. And,
you know, that would be part of, I'm sure,
SED's consideration.
SENATOR DOLLINGER: Through you,
Senator Saland's response has raised just one
other question, so I make sure I understand.
ACTING PRESIDENT KUHL: Senator
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Who at SED
actually makes that determination, and is
there a review of that determination? I
assume this is in the prior statute and not -
SENATOR SALAND: Again, that is
in the prior statute.
SENATOR DOLLINGER: But who does
9923
make that?
SENATOR SALAND: I believe it's
the commissioner or his or her designee, and
I'm not quite sure who that designee might be.
But I don't believe that -- I would reasonably
expect that the commissioner would review each
and every one of these questionable or perhaps
general clearance issues.
SENATOR DOLLINGER: Okay.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Just on the
bill, Mr. President.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I assume
Senator Saland is finished with his answer.
I'm going to vote in favor of this
bill. I understand the articulated reasons
from Senator Hevesi about not wanting anyone
in our classrooms. But the complaints that
I've heard from the school districts I
represent have been largely tailored to the
need to hire someone quickly and put them in
the classroom.
9924
In the experience at least in the
Brighton Central School District and the
Greece Central School District, which I
represent, when their superintendents came to
me they said that oftentimes their hiring
letters are not actually delivered until the
Friday before school starts. Because they
have so many problems in that last
two-or-three-week period with interviewing and
figuring out who is going to leave and then
someone will retire quickly or someone on
maternity leave who they thought would be
there for three months receives doctor's
instructions that they can't teach and they
need a long-term sub, and they run into a
tremendous problem of facing the new school
year without teachers.
And the difficulty is that if they
have a disruption in the first 45 days of the
school year, it's absolutely devastating to
their ability to get those kids transitioned
into the classroom.
I agree with Senator Hevesi's major
premise, which is that no one -- we should
make every attempt to prevent anyone with a
9925
criminal record from being in our classrooms.
But I think to balance against that, from the
school districts that I represent that have
come to me on this specific issue and said,
This is critically important, otherwise we
will have no one in these classrooms, we're
just not going to have the teachers -- and in
many cases, because they hire so late in the
summer season, they would be putting off for
45 days, if the FBI is correct -- and, Senator
Saland, my guess is, I'm just going to guess,
but I'll bet you that at least 50 percent of
the FBI clearances don't come back within 45
days this year.
We may get to a point where, as you
properly point out, we don't have the backlog.
But I'm willing to bet that the FBI clearance
process takes twice that time. That I would
expect 60 to 90 days before the FBI gets done.
And the other interesting thing,
Senator Saland, is my guess is with those
kinds of cases that we discussed a couple of
minutes ago -- that is, what constitutes a
disqualification, which has to be reviewed by
the commissioner, and the questions of
9926
remoteness and appropriateness suddenly become
a factor, my expectation is that that
clearance will take far more than 15 to 30
days. My guess is that that's going to be -
if you're going to do it right, if you're
going to give everyone some form of due
process and reasonable review, I think that
that process alone will take somewhere between
30 and 45 days.
The consequence is that it could be
90 days before someone who's hired the 1st of
September actually can show up in the
classroom.
I understand Senator Hevesi's
point, and I think it's a very good one, that
we should do everything possible. But we do
have to balance it against the practicality in
this year, this year, because of the
tremendous impact, first-year impact of this
bill, of this law, the last year's law, I
think we can balance it reasonably by the
school district needs by allowing this
legislation to go forward.
I would suggest that in future
years we should look for other amendments, as
9927
is our practice. We put a big piece of
legislation in place, we realize that there
are things we have to work out.
And my hope is that someday,
Senator Hevesi, we'll be in a position where
this review can be done instantaneously,
through the Internet and other services, so
that we won't even have to run that risk,
we'll be able to screen them in 48 years. Our
technology isn't there yet, but we may there
that day, and then we'll be able to
accommodate, I think, your point as well as
Senator Saland's and bring this together so we
don't run the risk of having anyone with a
criminal record in the classroom with our
children.
But at this point, given these
limitations, I vote yes.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. On the bill a second time.
ACTING PRESIDENT KUHL: On the
bill.
9928
SENATOR DUANE: I'm sorry, I
stand corrected that there were four public
hearings on this bill. Although I find it
even more bizarre that after four hearings on
it that this issue didn't come up. So there's
something terribly wrong there.
You know, we can double-check and
see if this did come up, but of course we
don't keep transcripts of our committee
hearings here.
And in my own defense, on the
Minority task force on the Rockefeller Drug
Laws and corrections and SHUs, Senator Smith,
Montgomery, and I did put out a report on our
meetings and hearings.
Maybe there was a report put out.
It certainly didn't come to my office. But
maybe in the future it would be a good idea if
there were reports put out on committees.
I know when I raised with Senator
Goodman his moving company committee meetings
from 1992 -- when I wasn't here, so I hadn't
gotten that report -- he did rush that 1992
report over to me.
So -- but I do stand corrected if
9929
there were four public hearings. But again,
it's almost more disturbing that even with
those hearings that these problems were not
anticipated. So there's something terribly
wrong with the system.
And I know that the Senator is
trying to fix what happened with the 2000 bill
now. But if we can't find out what impact our
bills are going to have on people after four
public hearings, then I think we're in big
trouble.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 9. This
act shall take effect on the same date as
Chapter 180 of the Laws of 2000.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Marcellino, to explain his vote.
Record the negatives.
SENATOR MARCELLINO: Mr.
President, I'm going to be supporting this
bill, and I think it is a good bill
9930
considering the problem that we are facing.
I can go into any store anywhere in
the world, I can show them one of these little
plastic cards, they can swipe it and get an
entire background on me as far as my credit
within seconds. And it doesn't matter,
anywhere in the world.
We cannot do that on a criminal
background check basis. That just simply
isn't available to us at this time. And as
Senator Dollinger and others have so rightly
said, you've got to balance need to reality
and you've got to put yourself in the real
world. We live in the real world. The ideal
is something we strive for.
We have no choice on this one, we
have to do this kind of legislation. The
districts that need it need it and will do the
kind of safety measures that have to be done
in order to protect children. Without this
bill, we are going to put them in very
desperate needs and very desperate straits.
I vote aye again.
ACTING PRESIDENT KUHL: Senator
Marcellino recorded in the affirmative.
9931
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1165 are
Senators Duane, Fuschillo, Hevesi, LaValle,
Mendez, Sampson, and Stavisky. Ayes, 53.
Nays, 7.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. Would you please call Calendar
1157.
ACTING PRESIDENT KUHL: Before we
do that, Senator Nozzolio, why do you rise?
SENATOR NOZZOLIO: Thank you, Mr.
President. I ask unanimous consent to be
recorded in the negative on Calendar Number
310, Assembly Print 1810.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Nozzolio will be recorded in the negative on
Calendar Number 310.
The Secretary will read.
THE SECRETARY: Calendar Number
1157, by Senator McGee, Senate Print 5241, an
9932
act in relation to authorizing the City of
Jamestown.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
McGee, an explanation of Calendar Number 1157
has been requested by Senator Paterson, the
Acting Minority Leader.
SENATOR McGEE: Thank you very
much.
This legislation allows the City of
Jamestown to transfer four parcels of land to
the Gebbie Foundation, which has been
designated for public works purposes and is
currently being used for public parking.
The land transfer would allow for a
major downtown redevelopment project to move
forward. Upon completion, the redevelopment
project will encompass a new skating rink, a
newly constructed hotel, and new parking
facilities.
ACTING PRESIDENT KUHL: Senator
Paterson, explanation satisfactory?
9933
SENATOR PATERSON: Mr. President,
I was just wondering if Senator McGee would
yield for a few questions.
ACTING PRESIDENT KUHL: Senator
McGee, do you yield to a question?
SENATOR McGEE: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, I'm
curious as to what the consideration is for
this transfer of land. And what is the nature
and service provided by the foundation to
which it's going to be transferred?
SENATOR McGEE: The foundation,
the Gebbie Foundation, is an outstanding
foundation that is very philanthropic to
various projects throughout the Chautauqua
region. And they are partnering with the City
of Jamestown to undertake a major development
in the downtown area.
And this bill would authorize that
land transfer, which would advance the
project.
ACTING PRESIDENT KUHL: Senator
Paterson.
9934
SENATOR PATERSON: Mr. President,
if there's no exchange of promises here, if
it's just a transfer, does this bill require a
two-thirds vote for passage?
SENATOR McGEE: I'm sorry, I
don't understand what you're talking about,
Senator Paterson. I'm not sure if you're
talking about a transfer of money, et cetera,
et cetera. Is that what you're suggesting?
SENATOR PATERSON: Yes, Mr.
President. If it's a situation where public
land is being transferred for -
SENATOR McGEE: Actually, the
Gebbie Foundation is taking the lead on this
project, and they've already agreed to
acquiring the parcels of land for the
appraised value of $200,000, which is called
the fair market value.
SENATOR PATERSON: So that's the
consideration that -
SENATOR McGEE: Yes.
SENATOR PATERSON: Okay. Thank
you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
9935
The Secretary will read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Marcellino, why do you
rise?
SENATOR MARCELLINO: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
310.
ACTING PRESIDENT KUHL: Without
objection -
SENATOR MARCELLINO: Thank you.
ACTING PRESIDENT KUHL: -
hearing no objection, Senator Marcellino will
be recorded in the negative on Calendar Number
310.
The Secretary will continue to read
the controversial calendar.
9936
THE SECRETARY: Calendar Number
1162, by Senator Johnson, Senate Print 5441,
an act to authorize the First Methodist
Church.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1163, by Senator Rath, Senate Print 5444, an
act to amend the County Law, in relation to
wireless telephone service.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT KUHL: Senator
Rath, an explanation of Calendar Number 1163
has been requested by Senator Paterson, the
Acting Minority Leader.
SENATOR RATH: Mr. President,
1163 is a fairly simple bill. It establishes
9937
a uniform procedure for counties that seek to
assume responsibility for responding to
wireless 911 calls.
There are different kinds of ways
of response in this state. In New York City,
Long Island, and much of Western New York,
wireless calls are handled by the counties.
And others go directly through the State
Police. And there is an effort here to get a
uniform procedure together for counties.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
this bill was passed unanimously prior, but
vetoed by the Governor. And in the veto
message he talks about the standards for the
establishment of a board.
And although I don't totally
understand the rationale of the executive
branch for that reason, I wondered if Senator
Rath did and had addressed it in this
particular legislation.
ACTING PRESIDENT KUHL: Senator
Rath, would you like to respond to that
question?
9938
SENATOR RATH: This bill, Senator
Paterson, is a Governor's program bill. The
bill last year was not. And the problems that
he had with last year's bill were addressed.
And frankly, there's this issue, I
recall this from the days when I was in the
county legislature, the idea of standards here
of procedure and prompt mobilization. The
number of calls that emanate from people who
are actually on the highway and difficult for
where they're coming from, because they're
actually -- now they won't be talking on
their -- or soon, I hope, won't be talking
while they're driving -- but the number has
gone from 16,000 to 119,000 in the last 10
years, from 16,000 to 119,000 emanating from
wireless phones.
So we really need to address this,
and we really need to address who the
answering groups are going to be and what kind
of standards are going to be expected for
their training and staffing and et cetera.
This is where this is going to.
SENATOR PATERSON: Thank you, Mr.
President.
9939
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 60 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1169, by Senator Paterson -
SENATOR DeFRANCISCO: May I have
an explanation, please.
ACTING PRESIDENT KUHL: Senator
Paterson, an explanation of Calendar Number
1169 has been requested by Senator
DeFrancisco.
SENATOR PATERSON: Senator
DeFrancisco, this bill amends the Criminal
Procedure Law by adding a new section, 6047.
It speaks to the Rules of Evidence and the
admissibility of testimony of out-of-court
9940
statements by minors, children under 12 years
of age.
The five sections of the bill first
require, of course, that the child, the minor
under 12 years of age or 12 and under, is
unavailable or is unable to testify in a
child-sexual-abuse type of a case.
The two other sections are also
pretty much definitional in the sense that
they require that there was a statement made
by the child to either a law enforcement
agency, to the Office of Children and Family
Services, or to a social service agency, and
that a written report is included with the
child's statement.
Secondly, there is also a need to
clarify that the statement was made by the
child and that the statement was made in the
presence of such a party who could report the
statement.
There are two other sections of the
legislation that probably are a little more
subjective in their determination. One calls
for what would be a spontaneous and consistent
pattern of statements on the part of the
9941
child, that the child's statement speak to -
in terms of terminology that would reflect the
age of the speaker, making sure that the child
was not prepped for these types of statements,
and that the statement reflect the mental
capacity of the child.
The final section of the
legislation covers the issue related to the
viability of the statement itself, that there
is a statement that's made by the child that
is not coerced and that there is no motive on
the part of the child for making a statement
against the interests of the defendant and
that the person reporting the statement is not
moved by any bias or unfairness that would be
held against the defendant.
Now, obviously in the last two
sections there's some subjectivity and the
court is cautioned, in Section 4 of the
legislation, to take all deliberate care to
make sure that these statements are honest
statements that were made, they were
consistent statements, and that they were
statements that would speak to a child sexual
abuse or a sexual offense as defined under
9942
Section 130 of the Penal Law.
SENATOR DeFRANCISCO: If the
sponsor would yield to a couple of questions.
ACTING PRESIDENT KUHL: Senator
Paterson, do you yield to a question from
Senator DeFrancisco?
SENATOR PATERSON: I don't know.
Let me think about it.
Yes, Mr. President, of course.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DeFRANCISCO: Senator,
are there any other examples in the Criminal
Procedure Law where the victim of a crime is
not required to testify to face the person who
that victim is accusing?
SENATOR PATERSON: To be honest,
Mr. President, I don't think there should be
any other examples. And in a utopian world, I
don't think that even in this particular
situation it's most desirable to have the
defendant placed in the position where they
can't confront their accuser.
But it has become the practice in a
number of state courts around this country
9943
that we've relaxed the hearsay rule to allow
for these types of statements, because
generally speaking it's very difficult for
children to testify in these types of
situations. A lot of states have gone to
videotaping the testimony, and even that
hasn't helped particularly.
One of the problems that children
have where perhaps their initial statements to
law enforcement or to social services might be
helpful but they're easily impeached is that
children don't have a very good concept of
time. So when you ask them how often did this
occur or what day it occurred, they have
trouble answering the questions.
When Senator Volker and I held
hearings on this type of proposed legislation
in 1992 -- and we held it in five venues, in
Syracuse, in Buffalo, in Westchester, Long
Island, and New York City -- we found that
sometimes if children are 4 or 5 years old,
perhaps if they have different parents, if
their parents are divorced and each parent
gives a birthday party for the child, that the
child actually thinks in the same week that
9944
they were 5 and then they were 6.
So it's very difficult to obtain
this testimony, really because of the mental
capacity of children in the first place.
So as strongly as I would want to
defend the rights of individuals to confront
their accusers in this one specific
situation -- and there is a court case,
Maryland versus Craig, and although it speaks
to the videotaping of proceedings, it also
speaks to the hearsay rule at times being
excepted by the nature of circumstances that
would lead one to believe that there is going
to be undue suffering on the part of the child
who's testifying or that the child is in some
way incapacitated by the testimony itself.
SENATOR DeFRANCISCO: Another
question, please.
ACTING PRESIDENT KUHL: Senator
Paterson, do you continue to yield?
SENATOR PATERSON: Yes, I do.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DeFRANCISCO: Who is
going to be the source of the information that
9945
the child showed spontaneity and consistent
repetition of the facts?
SENATOR PATERSON: That of course
would be the individuals who interviewed the
child, the members of law enforcement or the
members of social services.
And I think that where there is
clear evidence that there's been some type of
sexual abuse to the child, it does impinge
upon the integrity of the process to the
extent that there could be a very strong
compulsion on the part of those officials to
feel that it was the fault of a particular
party who's being accused when, in fact, maybe
the offense occurred but it might not have
been this particular individual that was
accused.
And here's where I think the court
has to be scrupulously fair to the defendant
by recognizing that the defendant isn't really
getting the opportunity to question the
accuser.
And I wouldn't want for this
legislation to open the door, as you're
suggesting, Senator, to this just becoming a
9946
standard, since it is difficult for children
to testify, that no child is invited to
testify or that the attorneys representing the
child would always claim or the families would
claim that they can't testify and then
substitute it on a rather familiar basis with
this type of testimony.
I don't think that this testimony
is the best testimony we could receive. I
think the best testimony we could receive is
from the individual. It would only be in
those extreme cases where, even though we've
relaxed the rules and allowed video testimony
and that type of thing, we just are not able
to get this type of testimony.
SENATOR DeFRANCISCO: Another
question, please.
ACTING PRESIDENT KUHL: Senator
Paterson, do you continue to yield?
SENATOR PATERSON: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DeFRANCISCO: So the
premise for this bill is that children are
9947
highly impressionable, sometimes it's
difficult to get the information out in a
coherent fashion, so the solution is to find
that information out from a third party who
will then give that third party's
interpretation to a court, and the court or
jury may end up convicting the person on
someone else's interpretation of a child
that's too impressionable to give the direct
testimony.
SENATOR PATERSON: Mr. President,
if what Senator DeFrancisco is describing were
to come to pass, I would be very disappointed
myself that I offered this bill.
And it is a very valid concern. If
this is going to be manipulated by law
enforcement or prosecutors or anyone else who,
as benevolent as they might be, acting on
behalf of the child, are going to infringe
upon the rights of the defendant, then I'd
just as soon that we not have the legislation.
But the reason that I brought this
bill before this body, and the reason why I
think it's important, is because it's not the
validity of the statements that the children
9948
are making -- because it's my opinion that
children very often are not going to tell lies
that are going to be more damaging to them
than the truth -- it is the fact that it is so
difficult for them to testify.
Not that they're incoherent when
they testify, but that reliving the situation
or the tragedy itself in front of other people
or being asked those questions over and over
or a repeated number of times can inflict harm
on the child, according to a lot of
psychiatrists and psychologists who have
looked into these situations.
So my solution was to substitute
the adult who on information and belief is
giving an honest recounting of what the child
said to them at an initial point that the
child shared the information, and allowing
that adult to share that information later as
a hearsay exception. So that we would
certainly not force the child into a situation
that would be a double injury compounded with
the sexual abuse, then the difficulty having
to testify about it.
SENATOR DeFRANCISCO: On the
9949
bill.
ACTING PRESIDENT KUHL: Senator
DeFrancisco, on the bill.
SENATOR DeFRANCISCO: I certainly
don't in any way question Senator Paterson's
motive. I know it's sincere and I know it's a
balancing act that we all have to play in
important issues such as this one.
My concern is, in having had
experience in trying cases, and some dealing
with Family Court matters, is that children
are not only sometimes unwilling or unable or
concerned about testifying, or it may hurt
their psyche, but the younger the child, the
more susceptible to suggestive interview
techniques that the child is susceptible to.
And there's been celebrated cases
which have indicated that and which have ended
in not-guilty verdicts and determinations that
the investigators -- in this case, Social
Services Department investigator -- because of
the suggestive nature of the interview have
really suggested possible answers to kids that
really don't know any better or they'd rather
just get the interview over so they could go
9950
home.
We have provided protections, I
believe, in the video testimony of young
children where questions can be asked, people
can view the child, people can make their own
determination in the nonintimidating
atmosphere of a trial. And it's really
important that we have made those types of
decisions.
But these are criminal cases that
we're talking about. These are cases that
carry with them substantial penalties. These
are cases that could make an individual
branded for life on a sex offender's registry.
These are charges that could ruin somebody's
life if there was suggestion -- and I don't
care how objective an interviewer might want
to be or claim that they are, there's going to
be some subjective determinations, and there's
no way a cross-examiner could possibly test
the veracity of those subjective
determinations without at least having the
opportunity to interview a child.
So despite the good intentions, in
my mind, in weighing all of these factors, I
9951
think since we have videotaping available of
young children it's very, very difficult for
me to believe that the constitutional right to
confront your accuser doesn't apply to people
charged with a certain offense.
So as a result of that, I am going
to vote no on this particular legislation.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
on the bill.
ACTING PRESIDENT KUHL: Senator
Paterson, on the bill.
SENATOR PATERSON: This is not
the most preferred remedy that I could think
of on this particular situation.
In my opinion, the best remedy
would be if we were to toll the statute of
limitations on these types of crimes, which
currently runs five years, and allow the
statute to start running when the victim
reaches the age of majority, which could be 21
years of age. Now we're asking the adult to
testify, and we're asking the adult to testify
about what they remember happened in their
9952
childhood. Even though we would have turned
the clock back a longer period of time and put
the defendant in a difficult situation because
the information and evidence is not fresh, we
are still asking the complaining witness to
testify in this particular case.
If we're not going to do it that
way -- and I've had that legislation here for
14 years, and we haven't done it that way -
we do have to address the fact that even
though we do have the videotaping prerogative
available that it really has not been
particularly successful, and that most who
have studied these types of situations find
that the children are a lot more responsive
when they are initially asked the question
than when they are asked in further
interviews, particularly those conducted with
cameras and new people that they've never met
before.
So in those types of situations, we
have to, as Senator DeFrancisco said, balance
the fairness of the protections against the
defendant with the fact that prosecutor after
prosecutor in this state -- and Senator
9953
Gentile, who is a cosponsor of this bill, and
I were prosecutors in the same office -- keep
finding that you just can't get the witnesses
in even though there's strong evidence that
there is an opportunity to convict in these
particular cases.
And so the solution that I bring
before the house today is that we allow for
third parties who are professionals who are in
law enforcement situations and in social
service remedies to testify as to what they
heard the child say.
Now, although the victim isn't
given the opportunity to confront the
complaining witness in this situation, there
are other exceptions to the hearsay rule where
we do accept what one party said about
another. And I think this probably would be
the most apt situation where we should meet
that acceptance, because the defendant can
question the party to see whether or not the
judge or the jury feels that this person is
honestly reporting what they heard the child
say. And I think it's a valid remedy.
As for Senator DeFrancisco's
9954
concern, it's one that troubles me and one
that I get up and talk about in situations
involving criminal justice legislation on this
floor every day, that the defendant has to be
afforded every possible right to clear
themself of the actual charges.
And the ramifications of child
sexual abuse convictions are probably the
worst, even including murder itself. That
someone would victimize a minor in this
fashion is going to create a huge stigma on
the individual, and we have decided even after
their incarceration that there should be
community notification of their actions.
That's how severe the effect of conducting
this type of an action is.
But when you realize what the
damage is to the victim, the dissociative
responses, the multiple personality
affectation, that sometimes some of these
victims couldn't even testify against their
accusers. They're not adults. We can't hold
them to too much of a standard. We don't make
them sign contracts, we don't force them to
fight in armed struggles. And yet to make
9955
them come forward and testify in these types
of situations in my opinion is going beyond
the balance of what would really be fair to
them.
And so if they did make statements
that were recorded and were written in what
would be apt professional situations, I aver
to this body that we should accept that only
in the extreme case where the victim is unable
to testify for himself or for herself.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Gentile.
SENATOR GENTILE: Yes, thank you,
Mr. President. On the bill.
ACTING PRESIDENT KUHL: Senator
Gentile, on the bill.
SENATOR GENTILE: I want to
commend Senator Paterson for sponsoring this
legislation.
Certainly in my years as a
prosecutor, many of those years were spent
prosecuting child sexual abuse cases. And in
those years prosecuting child sexual abuse
cases, one of the toughest hurdles to overcome
9956
had been preparing those children to testify
in a court of law. Now, with the Vulnerable
Child Witness Statute, we have been given the
opportunity to use closed-circuit television
as means of having those children testify.
But I think what Senator Paterson
is saying, and certainly what I experienced as
a prosecutor in this area of the law, is that
when you deal with child witnesses it is a
very special and fragile group of witnesses
that you have to deal with who often have to
tell their story many times over. Just as
someone who is a rape victim would tell their
story many times over, except in this case
you're dealing with a child's emotions, a
child's mentality, and a child's inability to
understand the system in which we ask them to
participate in.
And so when something occurs,
usually that child would first have to tell a
detective or a police officer, then would have
to tell a social worker or a therapist of some
type, then they would come to me, as the
prosecutor, and we'd go through the story
again as they'd tell me. Then we would put
9957
the child into a grand jury and have the child
tell the grand jury what happened again. And
then we would prepare the child again for a
trial and have to prepare that testimony once
again.
You always run the risk with
children as witnesses that at some point in
that process, because they don't understand
the process, that they will no longer wish to
participate in the prosecution, which is a
prosecution that the district attorney has
determined should go forward. But you never
know with a child witness, when a child has
been traumatized so much or for whatever
reason has emotionally decided to close up and
not testify, and therefore what you're left
with is a witness for all intents and purposes
that cannot testify at trial but yet has made
statements several times over about what
happened to him or her, and yet you're faced
with this inability to go forward because of
this witness.
Having Senator Paterson's bill
enacted into a law would at least give
prosecutors an opportunity to use those
9958
previous out-of-court statements as a basis
for going forward. And, you know, I think
everyone here who has tried any of those
cases, anyone who has been a defense attorney
in any one of these cases knows that in every
case, whether the child testifies or not,
there is always -- the jury will always
require some other type of corroborating
evidence to confirm what has been said and
testified to by the child.
So whether that child actually
testifies or whether there's some out-of-court
statement that is used in lieu of a child's
testimony, a prosecutor would always be under
that burden of bringing in other evidence to
corroborate what was happening and what that
testimony concerned.
So I understand Senator
DeFrancisco's concern about the right to
confront your accusers. And in most cases I
would agree, and that's why we have the
videotape, the closed-circuit-TV Vulnerable
Child Witness Statute.
But Senator, I also understand,
having done this for many years, that there
9959
are those children that cannot even
participate in the closed-circuit TV because
of the trauma they have faced and because at
some point, not understanding the system, they
decide not to participate anymore. And given
that, a prosecutor is faced with a serious
crime, a crime that should be prosecuted, but
a witness, because of that witness's age and
vulnerability, decides they're not going to
participate anymore.
In those situations, Senator
Paterson's bill would allow the prosecutor to
at least present that case to the jury and,
with other evidence, let the jury decide the
guilt or innocence of that accused.
So there are concerns about it, but
I think in this particular situation with
child witnesses this is a situation where a
certain relaxing of the rules on hearsay is
commendable and certainly something that would
be in the best interests of those victims.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: I wonder if
Senator Gentile would yield to a question.
9960
ACTING PRESIDENT MEIER: Senator
Gentile, do you yield for a question?
SENATOR GENTILE: Yes.
ACTING PRESIDENT MEIER: Senator
Gentile yields.
SENATOR DeFRANCISCO: In your
experience as a prosecutor, can you tell me
whether the statute denying an accused the
right to confront his accuser would be
constitutional?
SENATOR GENTILE: Well, I believe
in the case of the closed-circuit television
situation, the vulnerable child witnesses,
there have been court decisions saying that
the fact that the child has not been in the
courtroom facing his accuser does not make it
unconstitutional.
Extrapolating from that, I would
have to say that the fact that the child is
not in the courtroom but testimony is
available would therefore, if there's other
corroborating evidence, would therefore be as
acceptable to a court.
SENATOR DeFRANCISCO: Would
Senator Gentile yield to another question?
9961
ACTING PRESIDENT MEIER: Senator
Gentile, do you yield?
SENATOR GENTILE: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DeFRANCISCO: So it's
your opinion that a defense attorney being
able to ask questions, through video, of the
accuser is the same as someone questioning
somebody else about what the accuser said to
that somebody else?
SENATOR GENTILE: Well, I
wouldn't say it's of the same quality. I
would agree with you, it's not of the same
quality as asking the actual witness.
But nevertheless, we were talking
about the constitutionality of confronting
your accuser. And in this case, knowing the
case law from closed-circuit television, I
would believe, under Senator Paterson's
scenario, that it would be found
constitutional.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
9962
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
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: First, on
the constitutional issue. The right to
confront the accuser doesn't say you have to
be in the same room facing the accuser ten
feet away. I think videotaped testimony would
still give -- and I can see the constitutional
basis for allowing that, because it would
still give the defendant the opportunity to
ask questions of the accuser and thereby
confront the accuser.
This does not allow that. It
allows for hearsay. Senator Paterson
mentioned there are other examples of hearsay.
And my first question to him was whether or
not there are any examples of hearsay being
admitted when it's the accuser's hearsay to
somebody else. And I don't think there are
9963
any such similar situations in criminal cases.
The other point that Senator
Paterson raised I think should be mentioned.
He kept talking about the child is found to be
unavailable. There's another clause in here
that says the child refuses. Well, with this
bill I'm sure there would be a lot more
children refusing to testify even though they
were available.
Lastly, there's another alternative
that I would suggest -- not that I would agree
with, but I think would be less onerous. If
we're giving the prosecutors and the Social
Services Department this opportunity to avoid
having the child testify, there should be a
corresponding rule that the interview should
be videotaped and likewise admissible from the
first interview that the child has.
So the jury would then at least
have the opportunity to view whether there was
suggestive behavior, what occurred during the
interview, to make their own judgment about
what the child said when he first said it.
So the bill under the present form,
I certainly understand the good motive in
9964
having it happen. Nobody wants children to go
through these things. But for the
constitutional reasons, I vote no.
ACTING PRESIDENT MEIER: Senator
DeFrancisco will be recorded in the negative.
Senator Paterson, to explain his
vote.
SENATOR PATERSON: Mr. President,
in explaining his vote Senator DeFrancisco
offered a very good suggestion. I don't know
that the law enforcement officials or social
service employees or employees of the Office
of Children and Family Services always know
what the child is going to say to them. But
certainly at that point it would be something
worth considering to have these statements
videotaped.
And we'd better do something,
because it's now known that one out of three
females and one out of eight males have
experienced some abuse sexually in their
childhood. So with that large a number of the
population, if you looked around this room it
would mean there are ten people in this room
likely to have had that experience, and I'll
9965
bet no prosecutions.
We've got to find a way to confront
individuals who know that there's really no
way to get back at them because all you have
to try to get back at them is the word of a
child. You don't always have physical
evidence or that type of thing.
At the same time, the need to
defend the constitutional rights of defendants
is the same. But I think that in the case of
Maryland versus Craig, a 1990 Supreme Court
case, that the court didn't just rule based on
the hearsay rule, they based on the suffering
that the child might have. I don't think the
courts should just allow a child to refuse
testimony just because they're not going to do
it.
But in situations where there is
some evidence that it would be injurious to
the child, and the other sections of the bill
being adhered to, I think that this bill would
be good law.
ACTING PRESIDENT MEIER: Senator
Paterson will be recorded in the affirmative.
Announce the results.
9966
THE SECRETARY: Those recorded in
the negative on Calendar Number 1169 are
Senators DeFrancisco, Kuhl, and Meier. Ayes,
57. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Mr. President, I
ask for unanimous consent to be recorded in
the negative on Calendar Number 310.
ACTING PRESIDENT MEIER: Without
objection, Senator McGee will be recorded in
the negative on Calendar 310.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 1146.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 1146.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, could I have unanimous consent to
be recorded in the negative on Calendar Number
1162.
9967
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 1162.
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, could I have unanimous consent to
be recorded in the negative on Calendar 310,
please.
ACTING PRESIDENT MEIER: Without
objection, Senator Stachowski will be recorded
in the negative on Calendar 310.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1176, by Senator Alesi, Senate Print 3000A, an
act to amend the General Business Law and the
Civil Practice Law and Rules, in relation to
the Uniform Trade Secrets Act.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Alesi, an explanation has been requested of
Calendar 1176 by Senator Paterson.
SENATOR ALESI: Thank you, Mr.
President.
This bill would enact the Uniform
9968
Trade Secrets Protection Act.
SENATOR DOLLINGER: Through you,
Mr. President, will the sponsor yield just to
one question.
ACTING PRESIDENT MEIER: Senator
Alesi, will you yield for just one question?
SENATOR ALESI: Yes, Mr.
President.
ACTING PRESIDENT MEIER: I can't
imagine what's left to explain.
SENATOR DOLLINGER: Is this the
same bill that we did last year, the exact
same bill that we did last year?
SENATOR ALESI: Through you, Mr.
President, this is the Uniform Trade Secrets
Act of 2001. And it is based in concept on
the trade secrets bill of 2000 which passed
this house.
SENATOR DOLLINGER: Mr.
President, thank you to Senator Alesi for
answering my one question.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I voted
9969
against this bill last year. I'm going to
vote against it again, Mr. President.
I think, number one, there are lots
of contractual ways for employers to protect
trade secrets. They ought to be encouraged to
do that.
And, two, I think this bill, while
it's uniform in the sense that many states
would like to apply it, I think it tilts the
advantage in employee information and
knowledge. And in a vibrant marketplace, I
think it tilts it far too heavily in favor of
the employers and, frankly, far too heavily in
discouraging new innovation.
I don't think we should support
misappropriation of trade secrets, but I do
think we should encourage people that have new
ideas, new concepts to take those concepts
even if they may be in part derived from what
they've learned while working for an employer,
to take those concepts out into the
marketplace.
I think the history of technology
in the last 30 years in this state has stood
the test of time without this kind of
9970
legislative approach to trade secrets. I
think the common law deals with it perfectly
well. Anybody that's got a very valuable
trade secret ought to have extensive contract
protections to ensure that they're not lifted
by an employee.
From my point of view, Mr.
President, I spoke against this bill last
year. I will vote against the Trade Secrets
Act of 2001 as I did in its corollary of 2000.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: On the bill, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Alesi, on the bill.
SENATOR ALESI: I wouldn't want
to press my luck by trying to convince Senator
Dollinger to reconsider his vote.
However, I think that if you look
at the importance of this bill from what we
are trying to do in the state of New York by
encouraging high-tech industries to establish
themselves, to grow here, to expand here, then
this legislation is absolutely necessary to
9971
encourage that kind of high-tech expansion and
growth.
Because without that kind of
protection, there are 40 other states where
high-tech industries can go where they can
establish and grow jobs and know that they'll
have the kind of protection that the Trade
Secrets Act will provide them and will provide
their investors.
So with everything that we're
trying to do in New York State to grow
high-tech jobs and to protect existing jobs, I
think that this is part and parcel of that
effort, and I would encourage my colleagues to
support this with a yes vote.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
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: Those recorded in
the negative on Calendar Number 1176 are
9972
Senators Connor, Dollinger, Hassell-Thompson,
Onorato, Paterson, and Schneiderman. Ayes,
54. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1194, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8930, an act to amend Chapter 533 of
the Laws of 1993.
SENATOR PATERSON: Explanation.
SENATOR MARCELLINO: Senator
McGee, an explanation has been requested by
Senator Paterson.
SENATOR McGEE: Thank you, Mr.
President.
This bill would amend the license
and registration suspension and revocation
section of the Vehicle and Traffic Law to
extend from October 1st of this year to
October 1st of the year 2002, the mandatory
six-month license suspension and authority to
suspend a vehicle registration for conviction
of or possession of -- I'm sorry, for a
conviction of possession or sale of a
9973
controlled substance or marijuana or any
driving while ability impaired by drugs or any
out-of-state or federal misdemeanor or felony
drug-related offense.
The bill does not change the
provision of the current law, only extends its
expiration. This license suspension is
required by the federal Drug Offenders Driving
Privilege Act. Extension of this provision
will allow the state to maintain its federal
allocation of $43 million in federal funds.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1195, by Senator Nozzolio, Senate Print 5544A,
an act to amend Chapter 887 of the Laws of
9974
1983.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Nozzolio, an explanation has been requested of
Calendar 1195 by Senator Dollinger.
SENATOR NOZZOLIO: This measure,
Mr. President, extends several provisions of
the Crime and Corrections Law.
Among its provisions it extends the
effective dates of the laws pertaining to
psychological testing of correction officers,
expanding the geographical area of employment
for certain officers, the New York City
Prisoner Furlough Program, the State
Department of Correctional Services Earned
Eligibility Program, Comprehensive Alcohol and
Substance Abuse Treatment Program. It limits
eligibility for participation in the temporary
release program, the State Department of
Correctional Services Temporary Release
Program, work release program, community
treatment facilities program, and a variety or
other suspension, fees, and even parking
violation enforcement.
Mr. President, can I have some
9975
order, please.
ACTING PRESIDENT MEIER: Your
point is well taken, Senator Nozzolio.
Can we have some quiet in the
chamber, please.
SENATOR DOLLINGER: Mr.
President, I can perhaps spare Senator
Nozzolio if he would just answer one quick
question.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you yield for a question?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Is this bill
simply an extender of programs already
currently in place? It has no programmatic or
policy changes other than the extensions?
SENATOR NOZZOLIO: Mr. President,
I can answer in the affirmative.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on this bill?
9976
Read the last section.
THE SECRETARY: Section 21. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll call.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi, that completes this
calendar.
SENATOR ALESI: Thank you, Mr.
President. May we at this time, then, take up
the noncontroversial reading of Supplemental
Calendar 1.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
portion of the supplemental active list.
THE SECRETARY: Calendar Number
323, by Senator Farley, Senate Print 1992A, an
act to amend the Vehicle and Traffic Law, in
relation to eliminating provisions.
ACTING PRESIDENT MEIER: Read the
last section.
9977
THE SECRETARY: Section 8. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR FARLEY: Can I explain my
vote on that, Mr. President?
ACTING PRESIDENT MEIER: Without
objection.
SENATOR FARLEY: Many years ago
they passed a law that says that you have to
have your little conviction stub with you. I
would venture to say that the vast majority of
this chamber who are licensed drivers do not
have their conviction stub on them. Because
if you have to go before a magistrate and you
don't have that conviction stub, you're fined
$50.
What we're going to do away with is
that conviction stub, because it's no longer
needed. Because, believe it or not, there are
some judges in this state, magistrates, that
9978
fine people if they don't have their
conviction stubs with them.
Is there anybody that has their
conviction stub with you?
SENATOR MARCHI: I have it right
here.
SENATOR FARLEY: There's one guy
that does.
Outside of that, thank you for
supporting the bill. DMV is in favor of it,
the judges are in favor of it, everybody is in
favor of it. It's a good piece of
legislation.
Thank you.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Calendar Number
454, by Senator Skelos, Senate Print 1583, an
act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
9979
1196, by Senator Stachowski, Senate Print 884,
an act to amend the Public Authorities Law, in
relation to the employees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1197, by Senator Hoffmann, Senate Print 1741,
an act to amend the Public Health Law, in
relation to the sale and possession.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
9980
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1198, by Senator Skelos, Senate Print 2683A,
an act to amend the Family Court Act and the
Domestic Relations Law, in relation to
abandoned infants.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1199, substituted earlier today by Member of
the Assembly Weinstein, Assembly Print Number
7344A, an act to amend the Civil Practice Law
and Rules.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
9981
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1200, by Senator Goodman, Senate Print 3541,
an act to amend the Tax Law, in relation to
including.
SENATOR DOLLINGER: Lay that bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1203, by Senator Kuhl, Senate Print 4606A, an
act to amend the Alcoholic Beverage Control
Law, in relation to licensed wineries and farm
wineries.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR DOLLINGER: Lay that bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
9982
bill aside.
THE SECRETARY: Calendar Number
1204, by Senator Trunzo, Senate Print 4671, an
act to amend the Transportation Law, in
relation to regulation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 20. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1205, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8374, an act to amend the Agriculture
and Markets Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 120 days.
ACTING PRESIDENT MEIER: Call the
9983
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1206, by Senator Saland, Senate Print 4899A,
an act to amend the Social Services Law, in
relation to abandoned infants.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 12. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1207, substituted earlier today by Member of
the Assembly Lopez, Assembly Print Number
3996, an act to amend Chapter 613 of the Laws
of 1996.
SENATOR DUANE: Lay it aside,
9984
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1208, substituted earlier today by Member of
the Assembly Lopez, Assembly Print Number
1872A, an act to amend the Banking Law, in
relation to prohibiting.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1210, by Senator Stafford, Senate Print 5200A,
an act to amend the Executive Law, in relation
to revitalization.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 13. This
9985
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1211, by Senator Johnson, Senate Print 5248,
an act to amend the Education Law, in relation
to report.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1212, by Senator Larkin, Senate Print 5406, an
act to authorize the Town of Chester, Orange
County.
9986
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1213, by Senator Goodman, Senate Print 5411,
an act to amend the Real Property Tax Law, in
relation to tax exemption.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1214, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8868, an act to amend the Alcoholic
Beverage Control Law.
ACTING PRESIDENT MEIER: Read the
9987
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1215, by Senator McGee, Senate Print 5435, an
act to amend the Education Law, in relation to
the payment.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2003.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1216, by Senator Nozzolio, Senate Print 5466,
9988
an act to authorize the County of Monroe.
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1217, by Senator Kuhl, Senate Print 5485, an
act in relation to authorizing the
appropriation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
9989
is passed.
THE SECRETARY: Calendar Number
1218, by Senator Johnson, Senate Print 5488A,
an act to amend the Environmental Conservation
Law, in relation to regulation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1219, by Senator Libous, Senate Print 5492, an
act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
9990
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1221, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 9050B, an act to amend the Estates,
Powers and Trusts Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 10. This
act shall take effect January 1, 2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays.
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1222, by Senator Marcellino, Senate Print
5551, an act to amend the Environmental
Conservation Law, in relation to natural
heritage.
9991
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, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1223, by Senator Trunzo, Senate Print 5552, an
act to amend the Public Authorities Law and
Chapter 774 of the Laws of 1950.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
9992
1224, by Senator Bonacic, Senate Print 5558,
an act to amend the Public Officers Law, in
relation to indemnification.
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, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1225, by Senator Stafford, Senate Print 5561,
an act to amend the Vehicle and Traffic Law,
in relation to special hauling permits.
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.)
9993
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1226, by Senator Stafford, Senate Print 5574,
an act to amend the Environmental Conservation
Law and others, in relation to the practice of
forestry.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR ALESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Please lay that
bill aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1227, by the Senate Committee on Rules, Senate
Print 5579, an act to amend Chapter 166 of the
Laws of 1991.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
9994
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1228, by Senator Seward, Senate Print 5586, an
act to amend the Insurance Law, in relation to
including.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
9995
310.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 310.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Alesi, that completes the reading of the
noncontroversial calendar from Supplemental
Active List 1.
SENATOR ALESI: Thank you, Mr.
President. May we then proceed to the reading
of the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
454, by Senator Skelos, Senate Print 1583, an
act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR DOLLINGER: Mr.
President, if the sponsor is available for
just one question about the veto message.
We'll waive an explanation if Senator Skelos
would yield to just one question.
9996
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield for a question?
SENATOR SKELOS: Yes.
SENATOR DOLLINGER: Through you,
Mr. President, this bill was vetoed by
Governor Pataki last year. Can you explain
what changes, if any, have been made to the
bill as a result of the gubernatorial veto?
SENATOR SKELOS: In his veto
message the last sentence says "I have not
been presented with any reasons to treat this
bill differently than the bill I vetoed last
year." So there were two vetoes.
I think we will convince him this
year to sign it. We will present him with
information that will, I believe,
optimistically, have the Governor sign this
bill.
SENATOR DOLLINGER: Through you,
Mr. President, this will be an offer he can't
refuse?
SENATOR SKELOS: No such thing.
SENATOR DOLLINGER: No such
thing.
Through you, Mr. President, just on
9997
the bill briefly.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: It seems to
me this is another example where we should
just override the Governor's veto. We should
have brought this bill back, we should have
sat down -- this bill passed by a huge margin
in the Senate, it has bipartisan support. It
obviously has the support of our colleagues in
the Assembly, I think has passed by a
similarly large margin there.
I don't know why we don't take back
some of our legislative power by just
overriding these vetoes. We're going to send
him the same exact bill. We could have turned
it into law ourselves. We could make it law
ourselves without his signature. I don't
understand why we don't do that. I think it
would be good for this chamber, it would be
good for the Legislature, and it would have
made Senator Skelos' bill a law a year before
it's going to eventually take effect.
We ought to do what we have the
power to do. We should have done it in this
9998
instance as well.
SENATOR ONORATO: I move for the
override.
(Laughter.)
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you, Mr.
President.
As you all know, the Governor and I
are very, very close. And we agree on this
particular bill. But we're certainly open to
hearing more compelling reasons why we should
vote in favor of it and look forward to that.
But until that time, the Governor
and I are sticking with our no.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
9999
The Secretary will announce the
results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Smith, why do you rise?
SENATOR MALCOLM SMITH: Yes, Mr.
President. I rise to request unanimous
consent to be recorded in the negative on
Calendar Number 1176.
ACTING PRESIDENT MEIER: Without
objection, Senator Malcolm Smith will be
recorded in the negative on Calendar 1176.
Senator Onorato, why do you rise?
SENATOR ONORATO: Mr. President,
can I have unanimous consent to be recorded in
the negative on Calendar Number 310.
ACTING PRESIDENT MEIER: Without
objection, Senator Onorato will be recorded in
the negative on Calendar 310.
Secretary will continue to read.
THE SECRETARY: Calendar Number
1200, by Senator Goodman, Senate Print 3541,
an act to amend the Tax Law, in relation to
10000
including.
ACTING PRESIDENT MEIER: Senator
Goodman, an explanation has been requested of
Calendar 1200 by Senator Dollinger.
SENATOR GOODMAN: Mr. President,
this bill provides that certain new multiple
dwellings in the City of New York shall be
exempt from real property taxes if
construction thereof is commenced before
December 31, 2003, rather than completed by
such date.
Wait a minute, stop, hold it.
Could you repeat the number you called,
please, Mr. President? What is the number of
the bill you called just now?
ACTING PRESIDENT MEIER: Calendar
1200, Senator. Senate Print 3541.
SENATOR GOODMAN: Okay, I'm
sorry. Here we go, right. I beg your pardon,
Senator Dollinger. Here we go. Are you
ready?
This is an act to amend the Tax Law
in relation to including limited liability
companies in a list of organizations which may
become exempt from sales and use taxes. It's
10001
a relatively simple bill, the purpose of which
is simply to codify existing departmental
policy.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, will the sponsor yield to a
question?
ACTING PRESIDENT MEIER: Senator
Goodman, will you yield for a question?
SENATOR GOODMAN: Yes, sir. I'll
be glad to.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Why, Senator
Goodman, do we need to include the limited
liability companies in the list of
organizations that can qualify for tax-exempt
status?
As I understand it, limited
liability companies have unique liability
provisions attached to them in that they
allocate liability to the members of the
company according to their own individual
fault.
10002
And I guess I just don't understand
why you would form a limited liability company
for not-for-profits or to obtain tax-exempt
status when you can form a corporation just as
easily. I just don't quite understand it.
SENATOR GOODMAN: Senator, let me
share with you the nearly incomprehensible
gibberish that is presented by the Tax
Department in support of this bill, if I may.
Let's see if we can decipher it. I think I
can, but I'll give you the chance to try your
luck.
"The omission of limited liability
companies has been subject to review by the
Department of Taxation and Finance in the
past. The Sales Tax Law has been previously
amended to include a limited liability company
in the definition of person, Tax Law Section
1101A, for sales and use tax purposes.
However, that amendment is not applicable in
this instance, since the term 'person' is not
used in Section 1116A(4). In the instance
where limited liability companies met the
criteria set forth in Section 529.7 of the
sales and use tax regulations which governs
10003
exempt organizations, the department has
granted exempt organization status. See
Brookhaven Science Associates, LLC,
TSB-A-98(14)S. This bill would essentially
serve to codify existing department policy."
I trust that will allay any
concerns that you have and clarify the matter
definitively.
SENATOR DOLLINGER: Explanation
satisfactory, Mr. President.
(Laughter.)
SENATOR GOODMAN: Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
There is a local fiscal impact note
at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
10004
is passed.
THE SECRETARY: Calendar Number
1203, by Senator Kuhl, Senate Print 4606A, an
act to amend the Alcoholic Beverage Control
Law, in relation to licensed wineries and farm
wineries.
SENATOR ONORATO: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Kuhl, an explanation has been requested of
Calendar 1203 by Senator Onorato.
SENATOR KUHL: Thank you, Mr.
President.
This is a bill that is simply meant
to clarify a law that we passed in 1984 which
was meant to help and aid the then-struggling
wine and grape industry in this state. At
that time, under a farm winery piece of
legislation, we authorized that each winery be
able to have five off-site premises for
tasting and for purchase under the same kinds
of qualifications that then the winery was
able to operate under.
Since that time, we have had a
significant growth of wineries in New York,
10005
from roughly 20 in 1984 to in excess of 150
throughout the entire state, whether it's on
Long Island, the mid-Hudson, in the
Buffalo-Niagara area, or in the Finger Lakes,
which I happen to represent a part of.
These wineries have seen a great
deal of benefit in joining together to create
what we call "wine trails," and we have had
legislation before this house before which has
allowed a special designation for those wine
trails.
We have just recently been made
aware of a threat to this entire tourism-based
industry, and certainly to this very fine
wine-producing industry, in that there now
appears that there's some question as to
whether or not these off-site premises could
in fact operate under the same hours as was
designated back in 1984.
This piece of legislation very
succinctly and I think very specifically says
that on these five -- if they choose to use
five off-premises sites, that they in fact
will be able to taste and to sell the product
which they make.
10006
It's not meant to be a competition
for the commercial operations. It's just
meant as an introductory kind of method that
these wineries can now use to actually sell
their produce, if you will.
We have in the Finger Lakes area,
and I know that there are other places
throughout the state where we have established
what they call "wine days." It's now
currently located in what you call the Watkins
Glen region. It's going to be held at the
Watkins Glen Racetrack this coming year in the
middle of July. And at that time you will
have a large percentage of these wineries
coming and utilizing this piece of legislation
to actually display their wares and to sell
their product.
This bill just goes to verify that
in fact you can do it on Sunday as well as
Saturday. If we were not able to do it on
Sunday, there would be a significant loss of
sales and certainly availability of product to
taste, and certainly a loss of a lot of
revenue to the state, so you would not see the
kind of flourishing industry in this state as
10007
you have over the last 17 years.
ACTING PRESIDENT MEIER: Senator
Onorato.
SENATOR ONORATO: Mr. President,
will the sponsor yield to a couple of
questions?
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question?
SENATOR KUHL: I'd be happy to.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Senator Kuhl,
are you aware of the opposition that has been
registered by the Metropolitan Package Store
Association?
ACTING PRESIDENT MEIER: They
have filed no memo with me, Senator.
SENATOR ONORATO: Pardon?
SENATOR KUHL: They have filed no
memorandum in opposition with me.
And this is not -- I should just
simply say I don't know what it says, Senator,
but this is not an expansion of the current
legislation. It is just a clarification of
what has been in practice for the last 17
10008
years.
SENATOR ONORATO: Well, again,
through you, Mr. President, the
Metropolitan -- the local stores are objecting
to the fact that it will allow them to be
selling it on Sundays. They object very, very
strenuously to that aspect of it.
They made the agreement reluctantly
back in 1977 to allow owner/producers to
establish their off-premises consumption and
purchasing of it. They feel that by allowing
them to open on Sundays now from 10:00 a.m. to
midnight will put an added burden upon them to
open up their stores on Sundays, which they
are very, very reluctant to do at this
particular time.
They don't object to them -- to the
original agreement, but they do object to the
fact that we are now extending it to Sundays.
And we have basically a Sunday blue law where
you can't sell alcoholic beverages before
1:00 o'clock in your local restaurants or
off-premises consumption in your local beer
distributors. Why are we giving these people
extra time, especially on Sunday?
10009
SENATOR KUHL: Senator, we're
not. This -- as I said before, this is meant
to just clarify and put into statute what has
essentially been the statute but is now being
questioned to some degree by the State Liquor
Authority.
If you were to go into my district,
for instance, or to Senator Nozzolio's
district or to Senator Larkin's district or
any of our Long Island colleagues' districts
and go and visit the winery or one of their
off-premises sites, you'd see that you'd be
able to taste their product and you could even
buy their product and take it home.
This is not an expansion. It is
not intended to be an expansion. It's a
simple clarification and a placement into
statute of actually what is the practice right
now.
Farm wineries, keep in mind, if you
were to go back to the original statute in
1984 -- you were here, Senator, and I was
here, not in this house, but in the other
house at that time -- you would find that
those hours were created and that ability to
10010
sell on Sunday was created at that time. So
this is not a new idea, not a new idea at all.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Senator Dollinger.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I'm going to
vote against this provision.
I think that the whole issue of
when alcohol should be sold and how it should
be sold and whether we should put Sunday
restrictions on it in this day and age makes
little sense, and that would incline me to
vote in favor of this bill. But I think that
this is a piecemeal approach, the wrong way to
go.
I think rather than create this
ability to -- or clarify what -- one man's
clarification, Senator Kuhl, may be another
person's expansion. What I think we're doing
here is we're telling retail outlets run by
wineries that they can operate under
10011
circumstances different from everybody else
that sells alcohol in the state. I think
that's a mistake.
If we're going to have a discussion
and debate about who gets to sell alcohol,
when and where and under what circumstances,
we ought to do that. I personally see little
basis for the old restrictions on not selling
alcohol on Sundays and when you can sell it
and who can sell it. I think it's a commodity
that ought to be available and we ought to end
this Prohibition-era approach to the sale of
alcohol.
But I don't think a piecemeal
approach is the right way to do it, and I'm
going to vote no, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Senator Stachowski.
SENATOR STACHOWSKI: Briefly on
the bill.
Normally I'm as pro-little mom and
pop liquor store as anybody, but in this case
it helps promote New York State wines, it
helps the wineries in New York. And pretty
10012
much we all know that liquor stores don't
really push New York State wines anyway. So I
don't see how we're competing with them,
because they're only selling their wines and
it's a good promotional thing and helps them
enhance their business and enhance the
New York State industry.
So I'm going to support the bill.
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: Those recorded in
the negative on Calendar Number 1203 are
Senators Dollinger, Duane, Gentile,
Hassell-Thompson, Onorato, Oppenheimer, and
Padavan. Ayes, 53. Nays, 7.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1207, substituted earlier today by Member of
the Assembly Lopez, Assembly Print Number
10013
3996, an act to amend Chapter 613 of the Laws
of 1996.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested of
Calendar 1207 by Senator Duane.
SENATOR BONACIC: Thank you, Mr.
President.
This is a bill that would extend
the sunset provision of Section 696A of
Article 6 of the General Municipal Law, which
gives municipalities the authority to
restructure rents of dwelling units in
municipally owned buildings which have been
rehabilitated with the aid of loans.
Right now it sunsets on June 30th
of 2001. This legislation would extend that
authority to June 30th of 2006.
This has been requested by the City
of New York. The city has taken over so many
buildings for back taxes. At one time, they
owned 80,000 units. What they do is -- and
today they own 10,000 units, less than 10,000
units, because of their ability to restructure
10014
rents.
Through the competitive bidding
process, the city will sell the building to a
developer. Then the city makes a loan to the
developer and the developer fixes the
buildings up, and then the city sets the rents
in the buildings. And the bill will just
continue the city to restructure the rents.
There's never been one tenant
displaced since this program was initiated as
a result of the city's authority to
restructure rents.
SENATOR DUANE: Thank you.
SENATOR BONACIC: By the way, it
passed in the Assembly, by Assemblyman Lopez,
on May 30th of this year by a vote of 143 to
zero.
SENATOR DUANE: Explanation
satisfactory. Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
10015
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1213, by Senator Goodman, Senate Print 5411,
an act to amend the Real Property Tax Law, in
relation to tax exemption.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Goodman, an explanation has been requested of
Calendar 1213, Senate Print 5411.
SENATOR GOODMAN: Who asked for
the explanation, please, Mr. President?
ACTING PRESIDENT MEIER: I
believe it was Senator Duane.
SENATOR GOODMAN: Senate 1213?
ACTING PRESIDENT MEIER: Calendar
1213, Senate Print 5411.
SENATOR GOODMAN: Okay.
This bill provides that certain new
multiple dwellings in the City of New York
shall be exempt from real property taxes if
10016
construction thereof is commenced before
December 31, 2003, rather than completed by
such date. The existing law requires the
projects to begin and end in a certain period.
And let me be a little more
explicit as to the reasons for the bill. The
421(a) program was created in 1971 to provide
an incentive for the construction of new
residential multiple dwellings in the City of
New York. Since then, the program has been
instrumental in the construction of over
124,000 housing units in the city.
Newly constructed Class A multiple
dwellings of three units or more, including
co-ops or condos, are eligible for this
program.
Projects containing 20 percent
low-income units located south of or adjacent
to either side of 110th Street in Manhattan
can receive a 20-year exemption. This is
known as the 80-20 program. The full
exemption lasts for the period of construction
or for a period of three years immediately
following commencement of construction.
Projects in the same geographic
10017
area that do not contain 20 percent low-income
units also may be eligible for a 10-year
exemption.
This legislation establishes that
the deadline for the commencement of
construction for the entire 421(a) program
will be December 31, 2003.
Now, the point to the bill is that
it does conform all the dates of the 421
program's various elements. It does so to
prevent confusion amongst prospective
developers and financial institutions who have
expressed concerns over the current statutory
inconsistency in the beginning and ending or
the commencement and completion dates of the
421(a) statute.
SENATOR DUANE: Explanation
satisfactory. Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
10018
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Alesi, that completes the
reading of the controversial portion of the
supplemental calendar.
SENATOR ALESI: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, we
do have some to take care of.
Senator Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President. On behalf of Senator Saland, on
page number 41 I offer the following
amendments to Calendar Number 1011, Senate
Print Number 4895, 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,
Mr. President.
10019
On behalf of Senator Goodman, I
move to amend Senate Bill Number 733A by
striking out the amendments made on 6/13 of
this year and restoring it to its original
previous print number, 733.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR MARCELLINO: Thank you,
sir.
ACTING PRESIDENT MEIER: Senator
Rath.
SENATOR RATH: Mr. President, I'd
like to request unanimous consent to be
recorded in the negative on Calendar 310.
ACTING PRESIDENT MEIER: Without
objection, Senator Rath will be recorded in
the negative on Calendar 310.
Senator Alesi.
SENATOR ALESI: Thank you, Mr.
President. There will be a Rules Committee
meeting in the Majority Conference Room at
5:20. And thereafter, some of the bills
coming out of that committee will be taken up
on the floor.
Between now and that time, we will
10020
stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:11 p.m.)
(Whereupon, the Senate reconvened
at 5:55 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read at this time.
ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 359, by Senator
Morahan, an act to amend the Executive Law.
603, by Senator Santiago, an act to
amend Chapter 209 of the Laws of 2000.
10021
842A, by Senator Velella, an act to
amend the Insurance Law.
918, by Senator Kruger, an act
authorizing the City of New York.
1106, by Senator Markowitz, an act
authorizing the City of New York.
1168, by Senator McGee, an act to
amend the Vehicle and Traffic Law.
1758, by Senator Morahan, an act to
amend the Retirement and Social Security Law.
2142, by Senator Spano, an act to
amend the Labor Law.
2216B, by Senator Volker, an act to
amend the Education Law.
2269, by Senator Bonacic, an act to
amend the Insurance Law.
3057, by Senator Wright, an act to
amend the Vehicle and Traffic Law.
3351, by Senator Montgomery, an act
authorizing the City of New York.
3375A, by Senator Alesi, an act to
amend the Criminal Procedure Law.
4085A, by Senator Bonacic, an act
to amend the Civil Rights Law.
4258A, by Senator Maltese, an act
10022
to amend the Administrative Code of the City
of New York.
4306A, by Senator Kuhl, an act to
amend the General Business Law.
4471, by Senator Spano, an act to
permit certain employees.
4672, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law.
4861B, by Senator Meier, an act to
amend the Social Services Law.
4979, by Senator Johnson, an act to
amend the Retirement and Social Security Law.
5131, by Senator Saland, an act to
amend the Family Court Act and the Domestic
Relations Law.
5201, by Senator Trunzo, an act to
amend the Public Authorities Law.
5271, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law.
5290A, by Senator Johnson, an act
to amend the Vehicle and Traffic Law.
5291, by Senator Morahan, an act to
amend the Retirement and Social Security Law.
5423A, by Senator Leibell, an act
to amend the Administrative Code of the City
10023
of New York.
5475, by Senator Larkin, an act to
amend the General Municipal Law.
5486, by Senator Libous, an act to
amend the Mental Hygiene Law and the State
Finance Law.
5489, by Senator LaValle, an act to
amend the Civil Rights Law.
5502A, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law.
5509, by Senator Seward, an act to
amend Chapter 459 of the Laws of 1996.
5512, by Senator Marchi, an act to
amend the New York City Health and Hospitals
Corporation Act.
5545, by Senator Fuschillo, an act
to amend the Vehicle and Traffic Law.
5564, by Senator Rath, an act to
ratify, legalize and validate certain actions
and proceedings.
5578, by Senator Meier, an act to
adjust certain state aid payments.
5589, by Senator Fuschillo, an act
to relation to state intervention.
10024
5590, by Senator Leibell, an act to
amend the Administrative Code of the City of
New York.
5592, by Senator Farley, an act to
amend the Banking Law.
5595, by Senator Morahan, an act to
amend the Penal Law.
5596, by Senator Morahan, an act to
amend the Penal Law.
5610, by Senator Meier, an act to
amend Chapter 953 of the Laws of 1983.
5612, by Senator Volker, an act to
amend the Penal Law.
5616, by the Senate Committee on
Rules, an act to amend the Education Law.
5622, by the Senate Committee on
Rules, an act to amend the Chapter 266 of the
Laws of 1986.
5640, by Senator Skelos, an act to
amend the Criminal Procedure Law.
5642, by Senator Stafford, an act
to authorize certain health care
professionals.
5646, by Senator Balboni, an act to
amend the Penal Law and the Criminal Procedure
10025
Law.
5653, by Senator Volker, an act to
amend the Penal Law and others.
And 5656, by Senator Skelos, an act
to amend Chapter 549 of the Laws of 2000.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Move we accept
the report of the Rules Committee.
ACTING PRESIDENT MORAHAN: All in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN: Nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
report is accepted.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk at this time? Are
there any substitutions to be made?
SENATOR MORAHAN: There are
substitutions.
10026
SENATOR SKELOS: If we could make
the substitutions, please.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Senator Morahan
moves to discharge, from the Committee on
Rules, Assembly Bill Number 125 and substitute
it for the identical Senate Bill Number 359,
Third Reading Calendar 1230.
Senator Morahan moves to discharge,
from the Committee on Rules, Assembly Bill
Number 2839 and substitute it for the
identical Senate Bill Number 1758, Third
Reading Calendar 1236.
Senator Spano moves to discharge,
from the Committee on Rules, Assembly Bill
Number 7458 and substitute it for the
identical Senate Bill Number 2142, Third
Reading Calendar 1237.
Senator Bonacic moves to discharge,
from the Committee on Rules, Assembly Bill
Number 7696A and substitute it for the
identical Senate Bill Number 4085A, Third
Reading Calendar 1243.
Senator Maltese moves to discharge,
10027
from the Committee on Rules, Assembly Bill
Number 8354A and substitute it for the
identical Senate Bill Number 4258A, Third
Reading Calendar 1244.
And Senator Marchi moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3543 and substitute it
for the identical Senate Bill Number 5512,
Third Reading Calendar 1260.
ACTING PRESIDENT MORAHAN:
Substitutions are ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to Supplemental Calendar 55B,
noncontroversial.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
1229, by Senator Larkin, Senate Print 5502A,
an act to amend the Racing, Pari-Mutuel
Wagering and Breeding Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
10028
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1230, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
125, an act to amend the Executive Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1231, by Senator Santiago, Senate Print 603,
10029
an act to amend Chapter 209 of the Laws of
2000.
ACTING PRESIDENT MORAHAN: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1233, by Senator Kruger, Senate Print 918, an
act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MORAHAN: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
10030
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1234, by Senator Markowitz, Senate Print 1106,
an act authorizing the City of New York to
reconvey its interest.
ACTING PRESIDENT MORAHAN: There
is a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Aye.
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1235, by Senator McGee, Senate Print 1168, an
10031
act to amend Vehicle and Traffic Law, in
relation to requiring.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1236, substituted earlier today by Member of
the Assembly Gromack, Assembly Print Number
2839, an act to amend the Retirement and
Social Security Law.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
10032
1237, substituted earlier today by Member of
the Assembly Nolan, Assembly Print Number
7458, an act to amend the Labor Law, in
relation to prevailing wage supplements.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1238, by Senator Volker, Senate Print 2216B,
an act to amend the Education Law, in relation
to the administration.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1239, by Senator Bonacic, Senate Print 2269,
an act to amend the Insurance Law, in relation
to payments.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
10033
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1240, by Senator Wright, Senate Print 3057, an
act to amend the Vehicle and Traffic Law, in
relation to creating.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
10034
bill is passed.
THE SECRETARY: Calendar Number
1241, by Senator Montgomery, Senate Print
3351, an act authorizing the City of New York
to reconvey its interest.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1242, by Senator Alesi, Senate Print 3375A, an
act to amend the Criminal Procedure Law, in
relation to permitting.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
10035
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN: Anno
unce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1243, substituted earlier today by Member of
the Assembly Tokasz, Assembly Print Number
7696A, an act to amend the Civil Rights Law,
in relation to fair procedure.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1244, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8354A, an act to amend the
Administrative Code of the City of New York.
10036
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Call the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1245, by Senator Kuhl, Senate Print 4306A, an
act to amend the General Business Law, in
relation to applicability.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
10037
Announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1246, by Senator Spano, Senate Print 4471, an
act to permit certain employees.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1247, by Senator Trunzo, Senate Print 4672, an
act to amend the Vehicle and Traffic Law, in
relation to the length of semitrailers.
10038
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1248, by Senator Meier, Senate Print 4861B, an
act to amend the Social Services Law, in
relation to child daycare.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1250, by Senator Saland, Senate Print 5131, an
act to amend the Family Court Act and the
Domestic Relations Law.
10039
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: We passed
Calendar Number 1250. What about 1249?
ACTING PRESIDENT MORAHAN: I
believe it's high, Senator.
SENATOR SKELOS: Mr. President,
why don't we continue with the calendar until
we locate that bill.
ACTING PRESIDENT MORAHAN: Good
idea, Senator Skelos.
The Secretary will read.
10040
THE SECRETARY: Calendar Number
1251, by Senator Trunzo, Senate Print 5201, an
act to amend the Public Authorities Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1252, by Senator Trunzo, Senate Print 5271, an
act to amend the Vehicle and Traffic Law, in
relation to school-zone speed limits.
SENATOR DOLLINGER: Lay that
aside, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1253, by Senator Johnson, Senate Print 5290A,
10041
an act to amend the Vehicle and Traffic Law,
in relation to low-speed vehicles.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1254, by Senator Morahan, Senate Print 5291,
an act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
10042
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1255, by Senator Leibell, Senate Print 5423A,
an act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1256, by Senator Larkin, Senate Print 5475, an
act to amend the General Municipal Law.
SENATOR DOLLINGER: Lay it aside.
10043
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1257, by Senator Libous, Senate Print -
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1258, by Senator LaValle, Senate Print 5489,
an act to amend the Civil Rights Law, in
relation to imposing.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1259, by Senator Seward, Senate Print 5509, an
act to amend Chapter 459 of the Laws of 1996.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
10044
SENATOR MARCELLINO: The bill is
laid aside.
THE SECRETARY: Calendar Number
1260, substituted earlier today by Member of
the Assembly Perry, Assembly Print Number
3543, an act to amend the New York City Health
and Hospitals Corporation Act.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1262, by Senator Rath, Senate Print 5564, an
act to ratify, legalize and validate.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
10045
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1263, by Senator Meier, Senate Print 5578, an
act to adjust certain state aid payments.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
10046
1264, by Senator Fuschillo, Senate Print 5589,
an act in relation to state intervention.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1265, by Senator Leibell, Senate Print 5590,
an act to amend the Administrative Code of the
City of New York.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
10047
1266, by Senator Farley, Senate Print 55 -
SENATOR SKELOS: Lay it aside for
the day, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1267, by Senator Morahan, Senate Print 5595,
an act to amend the Penal Law, in relation to
authorized dispositions.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1268, by Senator Morahan, Senate Print 5596,
an act to amend the Penal Law, in relation to
penalties.
SENATOR PATERSON: Lay it aside,
please.
SENATOR MARCELLINO: The bill is
laid aside.
THE SECRETARY: Calendar Number
1273, by Senator Skelos, Senate Print 5640, an
10048
act to amend the Criminal Procedure Law, in
relation to eliminating.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
SENATOR MORAHAN: Yes, there is a
message of necessity at the desk.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT MORAHAN: All
those in favor of accepting the message say
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed say nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
message is accepted.
The clerk will read the last
section.
THE SECRETARY: Section 15. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
10049
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57. Nays,
3. Senators Duane, Montgomery, and Paterson
recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1275, by Senator Balboni, Senate Print 5646,
an act to amend the Penal Law and the Criminal
Procedure Law.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MORAHAN: Yes,
there is, Senator.
SENATOR SKELOS: Move to accept
the message.
ACTING PRESIDENT MORAHAN: All in
favor of accepting the message say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed say nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
10050
message is accepted.
Read the last section.
SENATOR DOLLINGER: Lay that bill
aside.
ACTING PRESIDENT MORAHAN: Lay
the bill aside.
THE SECRETARY: Calendar Number
1276, by Senator Volker, Senate Print 5653, an
act to amend -
SENATOR DOLLINGER: Lay it aside.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MORAHAN: Yes,
there is a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MORAHAN: All
those in favor of accepting the message say
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(Response of "Nay.")
ACTING PRESIDENT MORAHAN: The
message is accepted.
Read the last section.
10051
THE SECRETARY: Section 74. This
act shall take effect on the -
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1277, by Senator Skelos, Senate Print 5656, an
act to amend Chapter 549 of the Laws of 2000.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT MORAHAN: Yes,
Senator.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MORAHAN: All
those in favor of accepting the message say
aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed say nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
message is accepted.
SENATOR DOLLINGER: Lay it aside,
please.
10052
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
The Secretary will read 1249.
THE SECRETARY: In relation to
Calendar Number 1249, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6873 and substitute it
for the identical Senate Bill Number 4979,
Third Reading Calendar 1249.
ACTING PRESIDENT MORAHAN:
Substitution ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1249, by Member of the Assembly Vitaliano,
Assembly Print Number 6873, an act to amend
the Retirement and Social Security Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
10053
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: If we could go
to the controversial calendar now.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
1235, by Senator McGee, Senate Print 1168, an
act to amend the Vehicle and Traffic Law, in
relation to requiring.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MORAHAN:
Senator McGee, an explanation has been
requested.
SENATOR McGEE: Yes, sir.
Mr. President, this bill will
require the immediate suspension or revocation
of an offender's driver's license when a
compulsory chemical test is administered
pursuant to a court test, unless the person is
unable to refuse the test.
The current law requires the
immediate suspension and revocation of a
10054
license upon refusal to submit to a chemical
test. Yet if a court order is granted to
conduct a chemical test, the law implies that
the driver's license is not to be suspended or
revoked.
Those who refuse to take a chemical
test incur the penalty of driver's license
suspension or revocation. This penalty should
not be removed just because a court order was
obtained to proceed with the chemical test.
If anything, the penalty should be stronger if
a court order must be obtained.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
SENATOR McGEE: You're welcome.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, will the sponsor yield to a
question?
ACTING PRESIDENT MORAHAN:
Senator McGee, will you yield?
SENATOR McGEE: Certainly.
ACTING PRESIDENT MORAHAN: The
Senator yields.
10055
SENATOR DOLLINGER: Just so I'm
clear on this, Senator, this says that "when
the test is administered." Is there a
requirement that there be a positive result
from this test before these suspensions occur?
SENATOR McGEE: Well, the -
there's an immediate suspension and revocation
of an offender's driver's license if they
refuse to take the chemical test. Is that
what you mean?
SENATOR DOLLINGER: No. Through
you, Mr. President, if the sponsor will
continue to yield.
SENATOR McGEE: Sure.
SENATOR DOLLINGER: One of the
difficulties sometimes, Senator, is that this
of course is a section plucked out of a
statute that has A through G. This is F. And
I'm just trying to figure out, this says, as I
read it, that when the test is administered
then the person affected immediately has their
license suspended.
My question is, obviously it can't
be just the administration of the test.
Doesn't there have to be a positive finding
10056
that suggests that alcohol or some other
substance that would influence their ability
to operate the vehicle has been found in their
blood system? It can't be just the test.
SENATOR McGEE: The current law
requires an immediate suspension and
revocation of a license upon a refusal to
submit to a chemical test. The law then
allows a petition to the court for an order to
conduct a chemical test. If the court order
is granted, the law implies that the driver's
license is not suspended and revoked.
In other words, what they're saying
is that if you refuse to take a chemical test
immediately, then your license is revoked. If
they then have to go and get a court order,
then your license is not revoked. The driver
then is -- in a case where a court order is
obtained, the violator is escaping from a
penalty that would be applied if there were no
court order.
SENATOR DOLLINGER: Again,
through you, Mr. President. I'm not sure,
maybe I'm missing something here. If the
sponsor will yield to another question.
10057
ACTING PRESIDENT MORAHAN:
Senator, will you yield for another question?
SENATOR McGEE: Yes, I will.
SENATOR DOLLINGER: The rule now
is if you fail to take the test, your license
is automatically suspended.
SENATOR McGEE: Automatically.
SENATOR DOLLINGER: This bill.
As I understand it, says if there's a court
order that says you have to take the test,
then you still have it automatically
suspended.
SENATOR McGEE: That's what the
bill says, yes.
SENATOR DOLLINGER: My question
is, if the test comes back without any
presence of alcohol in your system, do you
still have your license suspended if the test
proves that you weren't driving while you were
intoxicated?
SENATOR McGEE: Yes. Yes, it
does.
SENATOR DOLLINGER: Thank you.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
10058
SENATOR DOLLINGER: Through you,
Mr. President, if I could just make sure I
understand the answer, then.
ACTING PRESIDENT MORAHAN: It was
yes.
SENATOR DOLLINGER: If you have a
suspicion and they ask that you take the test
and you refuse to take it, they can then get a
court order that says you have to take it, and
you take it.
But if the test result shows that
you didn't have any alcohol in your system,
then what -- you've in essence submitted to
the test, it's been proven that you weren't
driving while you were intoxicated, and you
still lose your license?
SENATOR McGEE: This bill says if
chemical test refusal penalties are to serve
as a deterrent, they must be applied in every
case where there is a refusal.
In other words, the law -- as I
said, the law allows a petition for a court
order to conduct a chemical test. If the
court order is granted, the law implies the
driver's license is not suspended or revoked.
10059
In those cases where a order is
obtained, the violator is escaping from a
penalty provided by the report, the chemical
test.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, I'll thank Senator McGee for
her answer.
I'm not sure I understand this
bill, Senator. And I'm still not quite sure
what to do. I've supported strict measures to
enforce the drunk driving laws and to require
that people that fail to take a test be
properly punished. But as I understand it,
what this bill says is if you refuse to take
the test, you then get a court order that says
you have to take the test, you take the test
and it shows that you weren't under the
influence of alcohol, it seems to me that that
turns the law on its head.
I mean, I don't understand then why
the penalty would be appropriate. The theory
is -- and maybe somebody can clarify this for
10060
me -- the theory is that people that don't
want to take the test do so because they know
that the test or there's a likelihood that the
test will show they were driving under the
influence.
And my concern is, at least as I
understand what Senator McGee has explained,
if you get a test and it shows that you
weren't, doesn't that suggest that your
original refusal was not inappropriate and in
fact what you were doing was protecting your
right against self-incrimination and then you
found out that there wasn't any truth to the
original suspicion that there was alcohol or
that the person was operating under the
influence?
I'm not sure I understand this bill
and what it involves. So perhaps some other
member may be able to enlighten me.
SENATOR VOLKER: Yes, I can.
ACTING PRESIDENT MORAHAN:
Senator Volker.
SENATOR VOLKER: First of all, if
the client did decline, the client is an idiot
if he wasn't drinking.
10061
But the problem, I think, is that
under the law now it doesn't matter what the
test turns out. If you refuse to take a test
under the law -- and under the motor vehicle
rules which came actually before the law, but
we put it in force -- you automatically lose
your license for six months. Not because you
were drinking, but because you refused the
test.
I think what her bill does is put
together the issue of drinking and refusing
the test. I think the one difference is that
what her bill does, as I understand it, is
allows, when you refuse the test, that your
license can be taken away virtually
immediately or as soon as you -- I guess as
soon as you get before the judge. Which I
think is actually pretty well done now, except
not in an as expeditious a manner.
I think you have to remember,
Richard, that driving is not a right, it's a
privilege. And the arguments that we've had
over this deals with the fact that when people
refuse to take a test, they put everybody in a
tough position. A lot of times you can't get
10062
a court order fast enough to take a valuable
test anyways.
And it's happened, and I know it's
happened to some law enforcement people that
by the time they get the order, the person's
blood alcohol level is down because the
alcohol is out of them. So that one of the
arguments, I think, is that the person may
well have been drunk but by the time you get
the court order, they're no longer drunk.
ACTING PRESIDENT MORAHAN:
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Thank you,
Mr. President.
I won't quiz Senator Volker. I
think he's absolutely correct. That's why I
was confused by Senator McGee's explanation,
because I wasn't sure what the consequence -
I mean, there's no question that under the
current law, if you refuse to take a test, you
lose your license. But that would be premised
on the fact that you had something to hide,
that you were disguising the fact or refusing
to acknowledge the fact that you were under
the influence of alcohol or had been drinking.
10063
And it just seems to me that if the
test comes back positive, it undercuts the
notion -- or if it comes back negative, I
should say, it undercuts the notion that
somebody has been drinking. And assuming that
it's properly applied within the two-hour
period, that would be proof that they weren't
guilty of anything and in essence they lose
their license even though they're not guilty
of anything.
Senator McGee, I guess I'm going to
vote for this bill upon Senator Volker's
clarification. But we certainly give our
police officers a lot of authority to demand
that test. And it seems to me if the result
were to come back without any alcohol, it
would undercut the reason for giving the test
in the first place.
And I'll with reluctance vote for
this bill and wait to see how it comes out in
the law.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Any other Senator wish to be heard?
Read the last section.
10064
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1237, substituted earlier today by Member of
the Assembly Nolan, Assembly Print Number
7458, an act to amend the Labor Law.
SENATOR DOLLINGER: Explanation,
please.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
The Secretary will read.
THE SECRETARY: Calendar Number
1238, by Senator Volker, Senate Print 2216B,
an act to amend the Education Law, in relation
10065
to the administration and monitoring.
SENATOR DOLLINGER: Can I have an
explanation, please.
ACTING PRESIDENT MORAHAN:
Senator Volker, an explanation has been
requested.
SENATOR VOLKER: Mr. President,
this bill is a bill that's been around in one
form or another for a couple of years, but
it's an agreement between the dental
hygienists and the Dental Society, both of
whom support this bill. And thanks to the
committee chairman, who shall remain unnamed,
to my left, this bill was amended so that I
think it would probably be considered to be in
proper form.
There were some objections before
because of the question of direct supervision
of the dentist over the dental hygienist.
Now, the law already, if you look at it very
carefully, says that the dentist must
supervise the dental hygienist. But to be
very clear, the B amendment makes it perfectly
clear that the supervising dentist must remain
in the dental office and directly supervise
10066
the dental hygienist in the administration and
monitoring of nitrous oxide and Novocain.
I think probably most of you
realize that nitrous oxide -- and if you want,
I'll read the technical term. That's laughing
gas.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
SENATOR VOLKER: And the dentist
must also, by the way, examine the condition
of the patient after the procedure is
completed.
I think it's pretty
straightforward.
ACTING PRESIDENT MORAHAN: Any
other Senator wish to be heard on this bill?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect 540 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
10067
THE SECRETARY: Calendar Number
1243, substituted earlier today by Member of
the Assembly Tokasz, Assembly Print Number
7696A, an act to amend the Civil Rights Law.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MORAHAN:
Senator Skelos, an explanation has been
requested.
SENATOR SKELOS: On behalf of
Senator Bonacic, current law provides that a
witness in a state agency investigation has
the right to an attorney. This legislation
would allow a witness summoned to a hearing to
be accompanied by a nonattorney representative
from an employee organization.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President. And I appreciate Senator
Skelos pinch hitting for Senator Bonacic. He
may not know the answer to this question, but
I'll ask it anyway if he will yield to a
question.
ACTING PRESIDENT MORAHAN:
10068
Senator Skelos, will you yield for a question?
SENATOR SKELOS: Yes.
SENATOR DOLLINGER: Senator
Skelos, one of the advantages, of course, of
having a lawyer appear on your behalf is that
they're protected by attorney-client
privilege, they can't disclose the substance
of the conversations.
Is there a similar protection for
the union representative in this case, or
would the union representative be in a
position where they could be subpoenaed to
appear at a hearing -
SENATOR SKELOS: I am not aware
of any confidentiality. And of course that
would be your option of taking the individual
with you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
SENATOR DOLLINGER: Thank you,
Mr. President. Thank you, Senator Skelos.
I'm going to vote in favor of this
bill because I don't mind the idea of an
employee representative going to these
hearings.
10069
But I would suggest we're going to
get into the same problem that we had with
the -- that Senator Volker had in the police
departments, when the issue will be whether
the discussions between the union
representative and the individual are
protected by some type of qualified privilege.
Because what will eventually happen is they
will subpoena the representative to come in
and attempt to verify the accounts that were
given to them by the employee in the
proceeding.
I just -- it just strikes me as
that's a problem that this bill invites and
that will be right around the corner next
time.
I'll still vote in favor, Mr.
President.
ACTING PRESIDENT MORAHAN: Any
other Senator wish to be heard on this bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
10070
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1247, by Senator Trunzo, Senate Print 4672, an
act to amend the Vehicle and Traffic Law, in
relation to the length of semitrailers.
SENATOR DOLLINGER: Can we have
explanation on that, please.
SENATOR SKELOS: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
1252, by Senator Trunzo, Senate Print 5271, an
act to amend the Vehicle and Traffic Law.
SENATOR DOLLINGER: Can we have
an explanation on that bill, please.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
10071
1256, by Senator Larkin, Senate Print 5475, an
act to amend the General Municipal Law.
ACTING PRESIDENT MORAHAN:
Senator Larkin, an explanation has been
requested.
SENATOR LARKIN: Mr. President,
who asked? So I can make -
ACTING PRESIDENT MORAHAN:
Senator Dollinger requested the explanation.
He's asked for the explanation, sir.
SENATOR LARKIN: Richard, that
wasn't confession, was it?
ACTING PRESIDENT MORAHAN:
Senator Larkin yields.
SENATOR LARKIN: Richard, this is
a new bill that -- this bill makes amendments
to the General Municipal Law in relation to
provisions governing the games of chance.
Specifically, this bill will amend the
structure for the payment of license fees for
manufacturers' placement of bar codes required
for packaging and credit provisions.
If you remember a couple of years
ago, Richard, we discussed why don't we
package all of this together, because we
10072
didn't have the bar graphs on them before and
all that. This has taken it all together.
It also takes one other provision
in it. In amending the bill, we're going to
provide for the manufacturers to pay either a
flat fee of a stated amount as their yearly
New York State bell jar license or the current
fee of $25 plus 2 percent gross sales. And
we've discussed this with everybody, all the
vendors that do bell jars. And originally we
had asked for 5 percent, and they thought
2 percent was more appropriate.
I can continue.
ACTING PRESIDENT MORAHAN: That's
good, Senator.
Senator Dollinger?
SENATOR DOLLINGER: Explanation
satisfactory, Mr. President. You can just
read the last section.
ACTING PRESIDENT MORAHAN: Any
other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 60th day.
ACTING PRESIDENT MORAHAN: Call
10073
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1258, by Senator LaValle, Senate Print 5489,
an act to amend the Civil Rights Law.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MORAHAN:
Senator LaValle, an explanation has been
requested.
SENATOR LaVALLE: Thank you, Mr.
President.
In 1979 this Legislature passed
probably the first laws in the nation
protecting individuals who went through
genetic testing. We protected them in a
number of ways. Any test results would need
informed consent. We protected them in the
Executive Law in terms of their employment so
that both insurance companies and employers
could not take advantage of an employee who
10074
wanted to go through genetic testing.
Yesterday this body spoke about the
GE-NY-SIS legislation, and we talked about the
need and what is going on in terms of genome
research and the research into genetic
predispositions.
This legislation allows and carves
out a -- that would allow researchers to, with
informed explicit written consent of a donor,
would -- that an individual who is going
through genetic testing and has donated
samples, they, the donor, would give explicit
written consent that the sample that is being
donated could -- for a specific period of
time, the researcher can do research on that
tissue. And it involves coding that the
institution would establish to protect the
identity of the individual.
So what we have done in this
legislation is to continue with genetic
testing, allow samples to be used for
research, but in all situations to guard the
privacy of the individual who is having that
tissue -- would allow the researcher to do
research while making sure that privacy was
10075
being given to the individual.
That's it, Senator Dollinger.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will just yield
to, I think, just one question.
ACTING PRESIDENT MORAHAN:
Senator, will you yield for one question?
SENATOR LAVALLE: Yes.
SENATOR DOLLINGER: Senator
LaValle, this appears to be a well-constructed
bill with lots of provisions in it. But my
question deals with what happens if the donor
is deceased.
I would assume that oftentimes the
type of genetic research may involve someone
who has a terminal illness or they may be
studying for those who have particular rates
of morbidities. But I don't see any provision
that talks about -
SENATOR LAVALLE: Senator, the
donor is in control of the time period that
the researcher must -- could do research on
that tissue. If they said upon my death that
10076
is the period, then the tissue is destroyed at
that point in time, because it is
time-specific.
If the donor -- and the donor has
to carve out a period, or they can leave it
open-ended. And at any time, at any time they
can come back in, the legislation allows for
them to say: Well, you know, I had indicated
that you can do research on this for 10 years,
but I am withdrawing my consent. At that
point, consent is withdrawn, tissue is
destroyed.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will just yield
to a question.
ACTING PRESIDENT MORAHAN:
Senator LaValle, do you continue to yield?
SENATOR LAVALLE: Yes.
ACTING PRESIDENT MORAHAN: The
sponsor yields.
SENATOR DOLLINGER: Is there any
corresponding piece of this bill that deals
with the concept of sort of a surrogate
decision-making, in the sense that they would
appoint the power to a family member after
10077
death to make decisions about use of the
samples or the testing or anything of that
nature? I didn't see it in a quick
read-through.
SENATOR LaVALLE: No, it doesn't.
But the key element here -- and
here we're into an area, Senator, and I'm
going to do some conjecture. And doing some
practice in this area, I would say that an
individual could -- because the most important
thing is the donor is in control. So the
donor could sign, in a durable power -- no,
they couldn't even do that, because durable
powers cease on death.
So they couldn't -- as we're now
talking this through, so they couldn't do it
in that way. And the same would be on any
other consent, it would cease with the
individual's death.
So I think we have gone through a
legal analysis here on this floor that I think
I feel comfortable with.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
SENATOR DOLLINGER: Okay. Thank
10078
you, Mr. President. Thank you, Senator
LaValle.
ACTING PRESIDENT MORAHAN:
Senator Dollinger.
SENATOR DOLLINGER: I'm going to
vote in favor of this. As I read it quickly,
Senator, this is a well-laid-out system of
protection in the disclosure of genetic
information.
I do think, Senator, that at some
point that issue, the question of the family's
involvement or who is going to make future
decisions if the person who donated the tissue
or the sample is deceased, my prediction would
be that we'll be back here at some point
trying to resolve the legality of that issue
as well.
I'm going to vote in favor of it
and urge my colleagues to do so, with an
understanding that we'll probably have to
revisit this at some time in the future.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Any other Senator wish to be heard
on the bill?
10079
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1259, by Senator Seward, Senate Print 5509, an
act to amend Chapter 459 of the Laws of 1996.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
10080
1264, by Senator Fuschillo, Senate Print 5589,
an act in relation to the state intervention.
SENATOR DOLLINGER: Explanation.
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: The bill
is laid aside for the day.
THE SECRETARY: Calendar Number
1267, by Senator Morahan, Senate Print 5595,
an act to amend the Penal Law, in relation to
authorized dispositions.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Morahan, an explanation has been requested of
1267 by Senator -- who requested the
explanation, please? -- by Senator Montgomery.
SENATOR MORAHAN: Senator, I
would ask that that bill and the following
bill be laid aside for the day.
ACTING PRESIDENT MEIER:
Calendars 1267 and 1268 will be laid aside for
the day.
SENATOR SKELOS: Mr. President,
please lay aside the balance of the calendar.
ACTING PRESIDENT MEIER: The
10081
balance of the calendar will be laid aside.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, we
have a little bit to do here, Senator. One
amendment.
SENATOR SKELOS: If we could do
that.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Mr. President,
on page number X I offer the following
amendments to Calendar Number 1226, Senate
Print Number 5574, and ask that said bill be
retained on the Third Reading Calendar on
behalf of Senator Stafford.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Yes,
thank you. Mr. President, I would like to
unanimous consent to be recorded in the
negative on Calendar Number 310 and 1273.
10082
ACTING PRESIDENT MEIER: Without
objection, Senator Hassell-Thompson will be
recorded in the negative on Calendar 310 and
1273.
Senator Seward.
SENATOR SEWARD: Yes, I would ask
for unanimous consent to be recorded in the
negative on Calendar Number 1239 which passed
earlier this evening.
ACTING PRESIDENT MEIER: Without
objection, Senator Seward will be recorded in
the negative on Calendar 1239.
Senator Skelos.
SENATOR SKELOS: Please recognize
Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
there will be a conference of the Minority
tomorrow morning at 10:30 in the Minority
Conference Room, Room 314.
ACTING PRESIDENT MEIER:
Conference of the Minority tomorrow morning in
the Minority Conference Room -- did you say
10:30 a.m., Senator?
10083
SENATOR PATERSON: 10:30.
ACTING PRESIDENT MEIER: -- at
10:30 a.m.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Thank
you, Mr. President. I request unanimous
consent to be recorded in the negative on
Calendar Number 1235.
ACTING PRESIDENT MEIER: Without
objection, Senator Malcolm Smith will be
recorded in the negative on Calendar 1235.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on behalf of Senator Bruno, I just wish to
urge all the members tomorrow to be in the
chamber. In that it's expected that this will
be our last regular day of session, we have
many bills to discuss tomorrow. So if all
members could be in the chamber, it certainly
would be appreciated.
And there being no further
business, I move we adjourn until Wednesday,
June 20th, at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
10084
Wednesday, June 20th, at 11:00 a.m.
(Whereupon, at 7:04 p.m., the
Senate adjourned.)