Regular Session - October 22, 2001
11506
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
October 22, 2001
3:32 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
11507
P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: The
Reverend Peter G. Young, Blessed Sacrament
Church, Bolton Landing, is here to give us the
invocation.
REVEREND YOUNG: Thank you,
Senator.
Let us pray. Dear God, we gather
in the magnificent beauty of the autumn colors
that prove Your creative greatness. We see
the cycle of life prepare us for the dark days
of winter, but then we enthusiastically
welcome the budding flowers of spring.
May we remember this analogy of
renewal as we contemplate the Ground Zero
tragedy. The New York State spirit has been a
history of our citizens overcoming difficult
days to symbolize what it means to be an
11508
Empire State.
We ask Your prayers on these
Senators, that they might become Your
instruments for the better days ahead. We ask
You to bless them in Your name.
Amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Sunday, October 21, the Senate met pursuant to
adjournment. The Journal of Saturday,
October 20, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Meier.
11509
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Volker, I move
that the following bills be discharged from
their respective committees and be recommitted
with instructions to strike the enacting
clause: Senate 5182.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR MEIER: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar at
this time.
ACTING PRESIDENT McGEE: All in
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
Resolution Calendar is adopted.
Senator Skelos.
11510
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk by
Senator Hoffmann. I ask that the title be
read and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Hoffmann, Legislative Resolution Number 3351,
honoring Roosevelt Dean for his many
contributions to the Blues community and to
the City of Syracuse, New York, on October 28,
2001.
ACTING PRESIDENT McGEE: All in
favor of adopting the resolution signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there is a privileged resolution at the desk
by Senator Montgomery. I ask that the title
11511
be read and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Montgomery, Legislative Resolution Number
3359, commending the Albany Senior Center upon
the occasion of its 30th Anniversary Luncheon
Celebration on November 2, 2001.
ACTING PRESIDENT McGEE: All in
favor of adopting the resolution signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
at 3:45 there will be a meeting of the Tourism
Committee in the Majority Conference Room.
And the Senate will stand at ease
until 3:45.
ACTING PRESIDENT McGEE: At 3:45,
there will be a meeting of the Tourism
11512
Committee in the Senate Majority Conference
Room.
The Senate will stand at ease until
3:45.
(Whereupon, the Senate stood at
ease at 3:35 p.m.)
(Whereupon, the Senate reconvened
at 3:59 p.m.)
ACTING PRESIDENT McGEE: Senator
Padavan.
SENATOR PADAVAN: Madam
President, there is an immediate meeting of
the Finance Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: Thank
you, Senator Padavan.
There will be an immediate meeting
of the Finance Committee in the Majority
Conference Room.
(Whereupon, the Senate stood at
ease at 4:00 p.m.)
(Whereupon, the Senate reconvened
at 4:33 p.m.)
ACTING PRESIDENT McGEE: Senator
Skelos.
11513
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
SENATOR SKELOS: And if we could
return to reports of standing committees, I
believe there's a report of the Finance
Committee at the desk. I ask that it be read.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As a member of the State Athletic
Commission, Raymond Kelly, of New York City.
THE PRESIDENT: Senator Stafford.
Or Senator Goodman, excuse me, is
standing.
SENATOR STAFFORD: I yield to
11514
Senator Goodman.
SENATOR GOODMAN: Thank you, Mr.
Chairman.
Mr. Chairman, it's a very special
privilege and a pleasure for me today to speak
on behalf of this nominee. Raymond Kelly is a
preeminent law enforcement expert and, in
addition to that, has an enormous background
of general public involvement of great merit.
First of all, you should know that
he's a graduate of the Harvard Kennedy School,
and he's also a practicing attorney.
Mr. Kelly was president of an
investigative group called Investigative Group
International, a 100-person litigation support
company specializing in complex
investigations.
Prior to that, he served as a
New York City police -- member of the police
department for many years -- 31, to be
precise -- ultimately rising to the rank of
police commissioner, a post in which he served
with special distinction.
He commanded the 32,000 members of
the New York City Police Department with great
11515
skill and gained the reputation of being a
can-do administrator with great compassion and
at the same time a very penetrating management
understanding of problems at all levels of his
complex department.
A veteran of the Vietnam War,
Mr. Kelly retired as a colonel in the Marine
Corps Reserves after 30 years of service.
He holds a Bachelor of Arts degree
from Manhattan College, a J.D. from St. Johns
University of Law, as well as a master's
degree from New York University Graduate
School of Law and a master's in public
administration from the Kennedy School at
Harvard, as stated earlier.
Now, you should know that in this
sensitive post as chairman of the State
Athletic Commission, in which he will be
serving -- and it should be noted he will be
the chairman, fortunately -- he takes on a
very complex department with a substantial
history of problems. For example, several
boxers have been killed in the ring as a
result of inadequate supervision by medical
authority at ringside. And it's his
11516
determination, I'm informed, to try to prevent
this type of unfortunate development in the
future, which I'm confident he'll be able to
do.
In addition to that, Commissioner
Kelly has served as the head of the United
States Customs Service and, beyond that,
became the undersecretary -- I want to get
this exactly correct. He was subsequently
promoted to a position -- I'll take a moment
to make this precise -- as undersecretary for
enforcement at the United States Treasury
Department. There he supervised the
Department of Enforcement of Bureaus,
including the U.S. Customs Service, the Secret
Service, the Bureau of Alcohol, Tobacco and
Firearms, the Federal Law Enforcement Training
Center, the Federal Financial Crimes
Enforcement Network, and the Office of Foreign
Assets Control.
In addition, he served on the
executive committee and was elected vice
president for the Americas of Interpol, the
international police organization, from 1996
to 2000.
11517
This is an exceptionally rich
background consisting of experiences that most
people have not had in several lifetimes. I
think we're extremely fortunate that in
addition to his other duties -- as, at the
moment, chief of security for the investment
firm of Bear Stearns and Company -- he has
opted to provide the service which is inherent
in the chairmanship of the State Athletic
Commission.
Let me just say I've known Ray
Kelly for a number of years. At the moment he
is also serving on the special Senate -
special committee on terrorism and means of
combatting it, in which capacity he's made an
exceptional contribution already and I think
will continue to do so.
Madam President, we have a rare
opportunity to elevate a man of astounding
capacity and exceptional ability to a post in
which he'll be able to make still further
contributions to the commonweal.
I salute him most warmly and thank
him for all that he's done in the past and
express every confidence that with the passage
11518
of this nomination by, I trust, unanimous
support, we shall have a public servant given
yet another significant responsibility which
he'll carry out with typical distinction and
integrity.
Thank you, Madam President.
THE PRESIDENT: The question is
on the confirmation of Raymond Kelly as a
member of the State Athletic Commission. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And I'd like to acknowledge the
presence of Mr. Kelly and his son, Jim, in the
gallery.
Congratulations and best wishes to
you.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the Lake George Park Commission, H. Gordon
11519
Burleigh, of Ticonderoga.
As a member of the Medical Advisory
Committee, Tamton Mustapha, of Valatie.
As a member of the Advisory Council
to the Commission on Quality of Care for the
Mentally Disabled, Richard P. Johnson, of
Schenectady.
As a member of the Board of
Visitors of the Creedmoor Psychiatric Center,
Mary Weeks MacLean, of Flushing.
As a member of the Board of
Visitors of the Helen Hayes Hospital, David G.
Welch, M.D., of Queensbury.
As a member of the Board of
Visitors of the Hudson River Psychiatric
Center, Marion Ostrander, of Kingston.
As a member of the Board of
Visitors of the Mid-Hudson Psychiatric Center,
Theodore J. Lewis, of Godeffroy.
As a member of the Board of
Visitors of the Rochester Psychiatric Center,
Martha R. Cucci, of Rochester, and Hilda R.
Escher, of Rochester.
As a member of the Board of
Visitors of the Staten Island Developmental
11520
Disabilities Services Office, Frank L.
Tellefsen, of Staten Island.
And as a member of the Board of
Visitors of the Western New York Developmental
Disabilities Services Office, Jessie B. Wells,
of Buffalo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move the
nominations, please.
THE PRESIDENT: The question is
on the confirmation of the nominees as stated
by the Secretary. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bill direct to third reading:
Senate Print 5816, by Senator
Morahan, an act making an appropriation for
the recruitment and retention incentive
11521
program.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Can we now take up
Calendar 1489. Thank you.
THE PRESIDENT: Without
objection, said bill is reported to third
reading.
The Secretary will read.
THE SECRETARY: Calendar Number
1489, by Senator Morahan, Senate Print 5816,
an act making an appropriation for the
recruitment and retention incentive program.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Rath.
SENATOR RATH: Madam President, I
understand there is a report of the Rules
Committee at the desk. I ask that it be read
11522
at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2075B, by Senator
LaValle, an act to amend the Administrative
Code of the City of New York.
Assembly Print 9061A, by the
Assembly Committee on Rules, an act to
authorize the State of New York.
Senate Print 5632, by Senator
Gonzalez, an act authorizing the City of
New York.
4468, by Senator Spano, an act to
amend the Retirement and Social Security Law.
5777, by Senator Larkin, an act to
authorize the Town of Chester, Orange County.
5778, by Senator Wright, an act to
amend a chapter of the Laws of 2001.
5781, by Senator Velella, an act to
amend the Retirement and Social Security Law.
5782, by Senator Marcellino, an act
to amend the Labor Law.
11523
5795, by Senator Maziarz, an act to
amend a chapter of the Laws of 2001.
5805, by Senator LaValle, an act to
amend the Education Law.
5801, by Senator Rath, an act to
amend the Real Property Tax Law.
And 4668, by Senator Trunzo, an act
to amend the Retirement and Social Security
Law and the Criminal Procedure Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Move to accept the
report of the Rules Committee.
THE PRESIDENT: The motion is to
accept the report of the Rules Committee. All
in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The report is
accepted.
SENATOR RATH: Madam President,
if we could have the noncontroversial reading
of Calendar Number 60, please.
11524
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1147, by Senator LaValle, Senate Print 2075B,
an act to amend the Administrative Code of the
City of New York, in relation to health
insurance coverage.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1421, by the Assembly Committee on Rules,
Assembly Print Number 9061A, an act to
authorize the State of New York.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
11525
1477, by Senator Gonzalez, Senate Print 5632,
an act authorizing the City of New York to
reconvey its interest.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 1481, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8415 and substitute it
for the identical Senate Bill Number 4468,
Third Reading Calendar 1481.
THE PRESIDENT: The substitution
is ordered.
The Secretary will read.
THE SECRETARY: Calendar Number
1481, by the Assembly Committee on Rules,
Assembly Print Number 8415 -
11526
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1482, by Senator Larkin, Senate Print 5777, an
act to authorize the Town of Chester, Orange
County.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1483, by Senator Wright, Senate Print 5778, an
act to amend a chapter of the Laws of 2001 as
proposed in legislative bills Numbers S5443
and A8952.
SENATOR DUANE: Lay it aside,
please.
11527
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1484, by Senator Velella, Senate Print 5781,
an act to amend the Retirement and Social
Security Law, in relation to the improved
benefit retirement programs.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1485, by Senator Marcellino, Senate Print
5782, an act to amend the Labor Law, in
relation to notice.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
11528
1487, by Senator Maziarz, Senate Print 5795,
an act to amend a chapter of the Laws of 2001
as proposed in legislative bills Numbers
A2709A and S1518A.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1488, by Senator LaValle, Senate Print 5805,
an act to amend the Education Law, in relation
to return transportation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
11529
passed.
THE SECRETARY: Calendar Number
1490, by Senator Rath, Senate Print 5801, an
act to amend the Real Property Tax Law, in
relation to designating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
chapter of the Laws of 2001.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1491, by Senator Trunzo, Senate Print 4668, an
act to amend the Retirement and Social
Security Law and the Criminal Procedure Law,
in relation to park police.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
11530
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Rath, that completes the
reading of the noncontroversial calendar.
SENATOR RATH: Madam President,
can we please take up the controversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1147, by Senator LaValle, Senate Print 2075B,
an act to amend the Administrative Code of the
City of New York, in relation to health
insurance coverage.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator LaValle,
an explanation has been requested by Senator
Duane.
SENATOR LAVALLE: Madam
President, under current law the surviving
spouse of a retired firefighter or a retired
11531
police officer is entitled to continue health
coverage at the group rate, or the spouse is
allowed to continue the health coverage at the
group rate for 18 months, under COBRA.
Under this legislation we are
permitting the surviving spouse of a retired
firefighter or a retired police officer to
continue with the deceased's health insurance
by paying 102 percent of the group rate,
provided that the surviving spouse elects to
continue with the health coverage within one
year of the death of his or her spouse.
And the 2 percent is the amount
paid to cover administrative costs. And that
was negotiated at the time of the request for
the home rule resolution in the City of
New York.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would yield.
THE PRESIDENT: Senator LaValle,
will you yield?
SENATOR LAVALLE: Yes.
THE PRESIDENT: You may proceed
with a question, Senator.
11532
SENATOR DUANE: Thank you.
In the existing law, the language
reads that the health insurance coverage would
be for the surviving spouses and domestic
partners. But I notice in the new language
that domestic partners are not included. And
I'm wondering if the sponsor knows whether or
not domestic partners are included.
SENATOR LAVALLE: I think the
Mayor can make that designation, Senator.
SENATOR DUANE: Through you,
Madam President, I'm just -- I don't mean to
be obstreperous about it, and I was very
complimentary of the Mayor when he proposed
the domestic partner benefits legislation -
in fact, voted for it.
But the way that legislation worked
was in preexisting law, anywhere where
"spouse" was, "domestic partner" would be
added.
So I'm concerned that if this is
new language and domestic partners are not
there, though I'm sure the Mayor intended it
to be thus, I'm wondering if, because it's
actually not there, if that means that they
11533
wouldn't be covered. Especially since this
has to do with the health insurance plan which
I believe is administered by the health and -
pension and welfare plan and not necessarily
by the city.
SENATOR LAVALLE: Senator, if I
could, we could look at the legislation,
page 2. You have the bill?
You want to go down to line 14 and
15: "The Mayor may, in his or her discretion,
authorize the provision of such health
insurance coverage for the surviving spouses,
domestic partners, and children of
uniformed" -- ba-DA, ba-DA, and it goes on.
And that's the current law. We're
not changing that, Senator.
SENATOR DUANE: And through you,
Madam President, just one final question.
THE PRESIDENT: Will you yield,
Senator LaValle?
SENATOR LAVALLE: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DUANE: And the City of
New York has -- is supporting this legislation
11534
and believes that to be the case as far as we
know as well? Just to be absolutely sure.
SENATOR LAVALLE: Senator, in
order for us to enact this legislation, we
needed a home rule resolution.
This legislation would have been
passed during the end of our regular session,
but there was some confusion, time confusion
with the home rule resolution, that did not
get to us in time.
So -- and you will recall in my
remarks that I said on the administrative
expense, the 2 percent, that that was
negotiated with the parties and the city at
the time that the home rule resolution was
passed.
So the answer is yes.
SENATOR DUANE: Thank you.
Thank you, Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield for one
question?
SENATOR LAVALLE: Yes.
11535
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Madam President.
Senator LaValle, why do we make it
dependent upon making the election within one
year?
And the reason why I ask that
question is what about a situation where the
retired firefighter or police officer is
married to a teacher? The police officer
dies, they're covered by their own insurance
coverage because they've got it themselves
through their own employer, and yet they
eventually retire and lose that benefit.
Shouldn't they be able to buy back
into the police plan, since they're paying
full premium plus this 2 percent
administrative fee? Why limit it only to an
election filed within a year?
SENATOR LAVALLE: I hate to
encourage you, Senator Dollinger, but you have
asked a good question. As you usually do.
Once again, that was part of the
negotiations or the discussions with the City
11536
of New York, as a condition to the home rule
message resolution.
SENATOR DOLLINGER: Through you,
Madam President, I appreciate Senator
LaValle's response. I know he's carrying a
bill that we're already committed to its text
because of the home rule message, and hence if
we depart from that text or change it we have
to go back and get another home rule message.
It just seems to me that the
situation I described is not unusual. That
is, a retired police or firefighter is married
to an employee of another part of our system
or, frankly, even a private employer who has
appropriate health insurance coverage so that,
upon the death of her spouse, she can lock
into her own plan.
But what happens when she loses her
own coverage because she retires? It would
seem to me that to have the ability to buy
back into the city's health plan, when this
bill, as I understand it, Senator LaValle,
creates -- you're going to have to pay the
whole premium and you're paying a 2 percent
administrative charge on top; in essence,
11537
you're paying like you were a private
person -- it seems to me that to buy back into
the favorable group rate that the police and
fire retirees get is not a bad idea.
I would suggest to Senator LaValle
that perhaps when we go back to the City of
New York we tell them they don't need the
one-year restriction, it may work a hardship
for some and exclude them from potential
health insurance benefits which this bill is
broadly designed to achieve.
I'll vote in favor of it but hope
that maybe we see some different language from
the City of New York in the future.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
11538
THE SECRETARY: Calendar Number
1481, by the Assembly Committee on Rules,
Assembly Print Number 8415, an act to amend
the Retirement and Social Security Law.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield for a
question?
THE PRESIDENT: Senator Spano, an
explanation has been requested.
SENATOR DOLLINGER: Through you,
Madam President -
THE PRESIDENT: Senator, will you
yield for a question?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, my understanding is that
according to the fiscal note attached to this
bill, the change in the pension systems, the
alteration that's in this bill will cost the
City of New York of $12 million annually.
Could you tell me the date that the
11539
home rule message was passed by the City of
New York to incur the additional $12 million
cost?
SENATOR SPANO: There is no home
rule message.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will yield to
another question.
THE PRESIDENT: Senator Spano,
will you yield?
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Senator
Spano, I see on the agenda from the Rules
Committee a home rule message was received
from the City of New York on June 11, 2001.
SENATOR SPANO: Let me amend my
answer. We do have a home rule message,
Senator Dollinger. Sorry, my notes were
incorrect. We did receive one on June 7th.
SENATOR DOLLINGER: Through you,
Madam President. Senator Spano, this bill
commits the City of New York to spend
$12 million more on a pension change that will
11540
affect the City of New York. Since that home
rule message was passed on June 6th, a lot has
changed in the City of New York.
My suggestion to you is wouldn't it
make better sense to go back and ask the City
of New York whether this bill still has the
priority of spending $12 million that it had
in June, considering so much has happened
between June and today's date?
SENATOR SPANO: Well, I think the
real issue with this bill, Senator Dollinger,
is that it's just an equity bill. It's one
that basically says that if a New York
employee is mandated to participate and to pay
towards a retirement plan and they cannot
receive the intended benefits of that plan,
that they -- that they should not have to pay
for it.
I think it's just a -- it's a very
equitable solution. It is not an overly
taxing hit to the New York City system. It's
$12 million price tag. And we did receive,
and I think it was an overwhelming majority of
the City Council who expressed their support
for the bill. Since then, we have not heard
11541
from anyone from the City of New York of their
opposition to the bill.
And I think it's one that we owe
the employees.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Spano will yield
to a question.
SENATOR SPANO: Yes.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Is this bill
required to implement the terms of a
collective bargaining agreement between the
City of New York and one of its bargaining
units?
SENATOR SPANO: No, it's not.
SENATOR DOLLINGER: Okay.
SENATOR SPANO: This was not a
part of any collective bargaining unit,
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. And I thank Senator Spano
for his kind response.
I'm actually going to vote against
this bill. Not because I don't agree with
11542
Senator Spano that it's a good idea to have
equity for those in the pension system.
But, Madam President, I would
suggest that a bill -- when we got a home rule
message dated June 7th that says, We think
it's a good idea to spend $12 million to
create this notion of pension equity, that's a
$12 million cost that at least according to
the fiscal note is going to occur annually
from this date forward.
I would suggest and I would urge
Senator Spano as well as, I think, Assemblyman
Vitaliano, who carries this bill in the
Assembly, to go back and ask the City of
New York whether the notion of equity that was
present on June 7, 2001, is still as
compelling today, on October 22nd, when we've
had the intervention of the enormous, massive
cost of the tragedy at the World Trade Center.
Madam President, I would suggest
that a home rule message passed four months
ago that says this is a good idea to spend our
money this way should be reconsidered by the
home rule body again before we act on it. And
I would suggest that prudence would dictate we
11543
send this bill and the home rule message back
to the City of New York and ask them to give
it another thought.
If, in the wake of September 11th,
they still believe this bill is the right
thing to do, I'm going to vote in favor of it.
But under these circumstances, I think it's
the wrong thing to do. It's time to rethink
these issues because of what we know has
transpired since June and today.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
2. Senators Dollinger and Paterson recorded
in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1483, by Senator Wright, Senate Print 5778, an
act to amend a chapter of the Laws of 2001 as
11544
proposed in legislative bills Numbers S5443
and A8952.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Wright,
an explanation has been requested.
SENATOR WRIGHT: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
SENATOR WRIGHT: The bill before
us is an amendment to Chapter 222. It was
signed into law earlier this year by the
Governor.
As you may recall when that bill
was before the Senate, it provides for
amendments to Article 10 that provide for an
expedited siting process of electrical
generating facilities whereupon the applicant
demonstrates that there's a minimum reduction
of pollutants of 75 percent.
Now, that first bill dealt with
essentially air emissions. And by virtue of
that, we are advancing an amendment to that
chapter that would also include environmental
impacts to aquatic systems or water.
11545
So consequently, this amendment
will provide the same standards. If there's a
reduction of 75 percent, then they can be
entitled to an expedited process as it relates
to siting.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Actually, I
was concerned about the bill, but now that I
have a little more information about it, it's
a very good bill.
It's sort of an additional
environmental constraint, in that I understand
some of the plants that were going through
this upgrading were taking in a considerable
amount of water from the river, from the
Hudson, and that was doing some potential
damage to fish life and aquatic life. And
this is another constraint upon them as they
move ahead. It's another protection,
environmental protection.
So it's a very good bill. And
thank you.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
11546
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the same date and in
the same manner as a chapter of the Laws of
2001.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1484, by Senator Velella, Senate Print 5781,
an act to amend the Retirement and Social
Security Law, in relation to the improved
benefit retirement programs.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Velella,
an explanation has been requested.
SENATOR VELELLA: Yes, Madam
President.
In 1995, the improved service
retirement plans were enacted. At that time,
11547
pursuant to an agreement between the city and
the affected unions, plan participants paid
the cost of the improved benefits at a rate of
4.35 percent of their salary.
In 1997, pursuant to an agreement
between the city and the affected unions, this
amount was reduced to 2.85.
This bill further reduces that
amount to 1.85 percent as a result of an
agreement reached by the city and the affected
unions.
SENATOR DUANE: Explanation
satisfactory.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, can I interrupt the roll call and
just ask Senator Velella one other question
about the finances of this?
SENATOR VELELLA: Certainly.
11548
THE PRESIDENT: Senator, do you
yield?
SENATOR VELELLA: Yes.
THE PRESIDENT: You may proceed,
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
Senator, was there a home rule
message received on this bill?
SENATOR VELELLA: Yes, Senator,
and it was received on 9/20, a few days after
the terrible incident.
SENATOR DOLLINGER: Do you know
when it was actually passed by the City
Council in the City of New York?
SENATOR VELELLA: I'm sorry,
what?
SENATOR DOLLINGER: Through you,
Madam President, if Senator Velella will
continue to yield to a question.
SENATOR VELELLA: Yes.
THE PRESIDENT: The Senator does
yield. You may proceed, Senator Dollinger.
SENATOR DOLLINGER: Do you know
when it was passed by the City Council in
11549
New York?
SENATOR VELELLA: We received it
on 9/20. I would assume -- October 12th?
Okay, I'm sorry, it was passed on
October 12th. I had the wrong date there. I
thought it was 9/20. It was October 12th.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Velella will yield
just for one other question so I can make sure
I'm -
THE PRESIDENT: Senator Velella,
will you yield for an additional question?
You may proceed, Senator.
SENATOR DOLLINGER: Just so I'm
clear, Madam President, the home rule message
was approved by the City of New York on
October 12th; is that correct?
SENATOR VELELLA: That's what the
desk informs me, and I have to be bound by
what the desk tells me.
SENATOR DOLLINGER: Okay, I'll
raise that as a point of order in a second.
Thank you, Senator Velella. I
think I've got the answer to my question.
Madam President, how do I -- does
11550
the desk have the home rule message? Could
I -- by a point of order, could you -
THE PRESIDENT: There is a home
rule message at the desk, Senator.
SENATOR DOLLINGER: Through a
point of order, Madam Chairman, and I'm not
sure that's the proper protocol, but could you
just tell me when the date of the home rule
message is from the City Council in New York?
THE PRESIDENT: As Senator
Velella indicated, it's October 12th, Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
11551
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there isn't,
Senator Skelos.
SENATOR SKELOS: If we could
stand at ease, Madam President.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 5:17 p.m.)
(Whereupon, the Senate reconvened
at 5:25 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
The Senate will stand at ease.
11552
(Whereupon, the Senate stood at
ease at 5:26 p.m.)
(Whereupon, the Senate reconvened
at 5:35 p.m.)
ACTING PRESIDENT MEIER: 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 MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 5815, by the Senate
Committee on Rules, an act to amend Chapter
405 of the Laws of 1999.
SENATOR SKELOS: 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.
11553
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Skelos.
SENATOR SKELOS: I ask at this
time that we take up Senate 5815.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1486, by the Senate Committee on Rules, Senate
Print 5815, an act to amend Chapter 405 of the
Laws of 1999.
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.)
ACTING PRESIDENT MEIER:
Senator -- excuse me. Senator Dollinger, to
explain his vote.
11554
SENATOR DOLLINGER: Choking it
back, Mr. President?
ACTING PRESIDENT MEIER: I'm
choking back tears, I'm so overwhelmed to see
you again this week.
SENATOR DOLLINGER: Nice to see
you, Mr. President.
Mr. President, I rise just to vote
against this bill and to extend my view that
we've really reached a sad state of affairs in
New York. Despite the best efforts of Senator
Bruno and Assemblyman Silver and the Governor,
we have again been unable to provide a
spending plan for the people of this state.
There are some who say that the
events of September 11th have radically
altered what New York can do for the people of
this state. I do not believe that those
events should drastically call into question
New York's priorities for the children of our
state and the importance of their education or
for the health care of the people in this
state.
And it seems to me that we owe it
to the people of the state, as we did in April
11555
and May and June and July and August, before
September 11th, we owe it to them even more in
the wake of September 11th to prove to them
that we can provide the leadership that this
state needs.
And it seems to me the best way to
do that is to take what we believe are the
priorities of this state, to put them into a
document, to send them down to the second
floor with an overwhelming vote from this
body. And if he refuses to sign it, the man
who resides on the second floor, the Governor
of this state, that we bring it back here and
we override his veto and that we allow
ourselves to participate in the vision for the
future of this state.
I am no longer willing to be held
hostage by this Governor. I'm not going to go
back to the people of the 54th Senate District
and tell them that they are held hostage when
211 of us can act in two-thirds of both bodies
and set an agenda for the future of this
state.
Mr. President, I'm going to vote in
the negative. I think this lurching from week
11556
to week and passing extenders is a concession
that we cannot do our job. I am unwilling to
concede that. I will be prepared to vote for
a budget and I hope vote for a veto override
when necessary. But until then, this is not
the way to do business in the State of
New York. And I refuse to send a message to
the people of my district that this is an
acceptable way to do business.
I vote no.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 56. Nays,
3. Senators Dollinger, Duane, and Padavan
recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could stand at ease at this time.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 5:40 p.m.)
11557
(Whereupon, the Senate reconvened
at 7:19 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Before we
adjourn, there will be a conference of the
Majority tomorrow at 1:00 p.m.
And Senator Smith?
ACTING PRESIDENT MEIER:
Conference of the Majority tomorrow, 1:00 p.m.
Senator Smith.
SENATOR ADA SMITH: Conference of
the Minority, 1:00 o'clock tomorrow.
ACTING PRESIDENT MEIER:
Conference of the Minority tomorrow at
1:00 p.m.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we adjourn until the call
of the Majority Leader. It's anticipated that
we will have session tomorrow. In the event
11558
we don't, intervening days being legislative
days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned, subject
to the call of the Majority Leader.
Intervening days, should there be intervening
days, will be legislative days.
(Whereupon, at 7:21 p.m., the
Senate adjourned.)