Regular Session - March 19, 2002
1324
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 19, 2002
11:17 a.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR., Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order.
I ask the members to find their
places, staff to find their places.
I ask everybody in the chamber to
rise and join with me in saying the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: We're
very pleased to have Sister Joan Sobala of the
Sisters of St. Joseph of Rochester, New York,
with us today to lead us in the invocation.
Sister Joan.
SISTER JOAN SOBALA: Thank you.
And good morning, everyone.
Before we pray, I want to thank
you, the members of the New York State Senate,
for revisiting the rules which govern
eligibility to pray before your sessions. I
especially want to say a word of thanks to
Senator Dollinger for inviting me here today.
And thank you on behalf of all
Roman Catholic women who minister in a variety
1326
of statewide and local settings, bringing our
talents and experiences and convictions to the
service of the same people that you serve so
well. So thank you for this privilege.
Let us pray.
God of our many faith traditions,
we call You by our own special names. Yet
today, as one, we praise and thank You for
Your abiding presence in our people and our
land, from the mighty Niagara to the wide and
busy Hudson, from the quiet grandeur of the
Adirondacks to the rich and diverse life of
the city.
Tender God, may the compassion and
justice, wisdom and creativity You inspire
wherever people of goodwill gather be deeply
present here today in the members of the
New York State Senate and their staffs.
We pray that our state senators
deliberate with depth, review with respect,
and decide with determination in all matters
before them today. Let good humor temper
discourse, and let there be mutual
encouragement to stay the course until the
day's work is well done.
1327
We pray in faith to our God and in
solidarity with one another.
Amen.
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, March 18, the Senate met pursuant to
adjournment. The Journal of Friday, March 15,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Espada,
from the Committee on Alcoholism and Drug
Abuse, reports:
Senate Print 1070, by Senator
Fuschillo, an act to amend the Vehicle and
Traffic Law;
1168, by Senator McGee, an act to
1328
amend the Vehicle and Traffic Law;
1897, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
And Senate Print 3057, by Senator
Wright, an act to amend the Vehicle and
Traffic Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills are ordered directly to
third reading.
Senator Velella, why do you rise?
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Senate Majority
Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Finance
Committee, immediate meeting of the Finance
Committee in Room 332, the Majority Conference
Room.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
1329
Senator Velella, there are some
substitutions at -
SENATOR VELELLA: Are there any
substitutions?
ACTING PRESIDENT KUHL: There
are.
SENATOR VELELLA: Can we take
them up now.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: On page 9,
Senator Maltese moves to discharge, from the
Committee on Consumer Protection, Assembly
Bill Number 174A and substitute it for the
identical Senate Bill Number 92A, Third
Reading Calendar 139.
On page 12, Senator Morahan moves
to discharge, from the Committee on Housing,
Construction and Community Development,
Assembly Bill Number 1918 and substitute it
for the identical Senate Bill Number 1982,
Third Reading Calendar 199.
On page 15, Senator Padavan moves
to discharge, from the Committee on Education,
Assembly Bill Number 9916 and substitute it
1330
for the identical Senate Bill Number 6312,
Third Reading Calendar 265.
And on page 24, Senator Hannon
moves to discharge, from the Committee on
Health, Assembly Bill Number 2490 and
substitute it for the identical Senate Print
Number 4336, Third Reading Calendar 357.
ACTING PRESIDENT KUHL: The
substitutions are ordered.
Senator Velella.
SENATOR VELELLA: Mr. President,
can we adopt the Resolution Calendar, with the
exception of Resolutions 4426, 4429, and 4479.
ACTING PRESIDENT KUHL: The
motion is to adopt the Resolution Calendar,
with the exceptions of Resolutions 4426, 4429,
and 4479. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Velella.
1331
SENATOR VELELLA: Mr. President,
can we now go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT KUHL: The
Secretary will have the noncontroversial
reading of the calendar.
THE SECRETARY: Calendar Number
52, by Senator Marcellino, Senate Print 96, an
act to amend the Vehicle and Traffic Law, in
relation to increasing.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
102, by Senator Hannon, Senate Print 2820A, an
act to amend the Public Health Law, in
relation to establishing a program.
1332
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall -
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
179, by Senator Rath, Senate Print 6046, an
act to amend the General Municipal Law, in
relation to the collection.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
181, by Senator DeFrancisco, Senate Print
432A, an act to amend the Social Services Law,
in relation to the transportation.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1333
182, by Senator Meier, Senate Print 1444A, an
act to amend the Social Services Law, in
relation to reimbursement.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
196, by Senator Velella, Senate Print -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
197, by Senator Volker, Senate Print 6137, an
act to amend the Penal Law, in relation to
making the seizure of unauthorized recordings.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
1334
THE SECRETARY: Section 2. This
act shall take effect on the same date as
Chapter 542 of the Laws of 2001 takes effect.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
201, by Senator Bonacic, Senate Print -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
232, by Senator Wright, Senate Print 4250, an
act to amend the Public Service Law and the
State Administrative Procedure Act, in
relation to endorsement.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT KUHL: Call the
1335
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
237, by Senator Padavan, Senate Print -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
239, by Senator Hoffmann, Senate Print 3665,
an act to amend the Agriculture and Markets
Law and the Tax Law, in relation to time
requirements.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
1336
is passed.
THE SECRETARY: Calendar Number
271, by Senator Farley, Senate Print 2839, an
act to amend the Banking Law, in relation to
conforming.
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, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
287, by Senator LaValle, Senate Print 2340A,
an act to amend the Education Law and the
General Municipal Law, in relation to
regulation.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
July.
1337
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
300, by Senator Libous, Senate Print 5492A -
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
324, by Senator Meier, Senate Print 6212, an
act to amend the Real Property Tax Law, in
relation to contract.
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, 52.
ACTING PRESIDENT KUHL: The bill
1338
is passed.
THE SECRETARY: Calendar Number
331, by Senator Bonacic, Senate Print 6319, an
act to amend the Highway Law, in relation to
the New York State Scenic Byways System.
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, 52.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Velella, that completes the
noncontroversial reading of the calendar.
SENATOR VELELLA: Mr. President,
can we now have the controversial reading of
the calendar.
ACTING PRESIDENT KUHL: Senator
DeFrancisco, why do you rise?
SENATOR DeFRANCISCO: I request
unanimous consent to be voted in the negative
on Calendar 52, Senate 96.
1339
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
DeFrancisco will be recorded in the negative
on Calendar Number 52, Senate 96.
The Secretary will read the
controversial reading of the calendar,
beginning with Calendar Number 102, Senate
2820, by Senator Hannon.
THE SECRETARY: Calendar Number
102, by Senator Hannon, Senate Print 2820A, an
act to amend the Public Health Law, in
relation to establishing a program.
SENATOR DUANE: Explanation,
please.
SENATOR VELELLA: Lay it aside
for the day, please.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
179, by Senator Rath, Senate Print 6046, an
act to amend the General Municipal Law, in
relation to the collection.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
1340
Rath.
SENATOR RATH: Mr. President,
this is a very simple bill allowing
municipalities and municipal corporations
which must collect water or sewer user fees,
charge rates or rentals, or special
assessments which are not collected together
with real property taxes, to contract with
banks or trust companies for the collection of
the fees.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: If the sponsor
would yield, please.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to a question from Senator
Duane?
SENATOR RATH: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: I'm wondering if
the sponsor could tell me what the genesis of
this bill is.
SENATOR RATH: It is provided to
make it a little simpler for the local
1341
governments to have a place where these can be
paid and taken care of which would be more
convenient for the taxpayers.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you continue to yield to a question
from Senator Duane?
SENATOR RATH: Surely. Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: How are these
payments collected presently?
SENATOR RATH: For the most part,
you have to go into the town hall to pay them.
That's not all always a convenient
opportunity.
If you'll recall, for many years
electric bills and water bills and telephone
bills, et cetera, could be paid in banks. I
recall this clearly. And this is just a
matter of convenience.
SENATOR DUANE: And through you,
Mr. President -
1342
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question from
Senator Duane?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields to another question, Senator.
SENATOR DUANE: And that means
that without this legislation, municipalities
are prohibited from using banks or other -
SENATOR RATH: No, it doesn't
mean they're prohibited from it. It means
this sets in place a provision so that it can
be handled that way in relation to water or
sewer fees, rates or rentals, as you'll see in
the summary of the provisions.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question from
Senator Duane?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: I'm just
1343
confused. If they can already do it, then,
then why -- what is the purpose of this
legislation?
SENATOR RATH: I'm sorry,
Senator, I couldn't hear you.
SENATOR DUANE: If I can repeat
the question, Mr. President -
ACTING PRESIDENT KUHL: Senator
Duane, just -- you don't need to look at me
when you address the senator. If you speak so
that your voice covers the mike, I think that
Senator Rath will have an easier time hearing
your question.
The Senator yields. Please repeat
the question.
SENATOR DUANE: And if the
chatting, perhaps, behind her was less
intense.
I'm wondering if you could already
pay in banks, why do we need this legislation
which allows you to pay in banks?
SENATOR RATH: I think maybe I
wasn't real clear, Senator.
There are provisions for other
kinds of bills to be paid in banks, but this
1344
one is not presently authorized. These to pay
water and sewer fees are not presently
authorized.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question?
SENATOR RATH: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Are you allowed
to mail your fees into banks, et cetera, or
would you continue to have to mail these taxes
into city hall?
SENATOR RATH: I believe the mail
process would be as it is now. This does not
deal with mail provisions at all. That would
be as it is in current law.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question?
SENATOR RATH: Surely.
1345
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Can you now mail
these sewer tax payments, for instance, to
banks, or can you only mail them to city hall?
SENATOR RATH: No, presently they
go directly to the town hall.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question from
Senator Duane?
SENATOR RATH: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: So this bill
makes it so that you can walk into a bank and
pay but you cannot mail your payment into a
bank?
SENATOR RATH: You cannot mail it
into the bank. You can still mail it into the
town hall.
But if you prefer to carry the
money into the bank for convenience' sake,
1346
because you're already there doing something,
then you can pay the bill at the bank.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question from
Senator Duane?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Are there
other -- besides those areas enumerated in
this legislation, are there other fees,
charges, et cetera, that can now presently be
paid by walking into a bank?
SENATOR RATH: I would have to
say, Senator, I'm not real clear about what
still remains.
At one time gas bills, electric
bills, and telephone bills could be paid at
the bank. I don't do that anymore. Direct
deposit has changed it, and direct draw from
your direct deposit account has made a major
difference in the way many of these are paid.
1347
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield to another question from
Senator Duane?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Is this bill at
the request of NYCOM or the Comptroller? Or
who requested this bill?
SENATOR RATH: Let me check with
counsel. I'm not real sure who requested the
bill.
The bill emanated from the
Comptroller's office in prior discussions, and
a very large Comptroller's bill last year that
was broken apart into many pieces, and this is
one of them.
SENATOR DUANE: Thank you. Thank
you, Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, the Secretary will
1348
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, 56.
ACTING PRESIDENT KUHL: The bill
is passed.
SENATOR VELELLA: Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella, why do you rise?
SENATOR VELELLA: There will be
an immediate meeting of the Aging Committee in
the Majority Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Aging Committee, immediate
meeting of the Aging Committee in the Majority
Conference Room, Room 332.
The Secretary will continue to call
the controversial reading of the calendar.
THE SECRETARY: Calendar Number
181, by Senator DeFrancisco, Senate Print
432A, an act to amend the Social Services Law,
in relation to the transportation.
1349
SENATOR PATERSON: Explanation.
ACTING PRESIDENT KUHL: Senator
DeFrancisco, an explanation of Calendar Number
181 has been requested by Senator Paterson,
the acting Minority Leader.
SENATOR DeFRANCISCO: Currently,
in order to get transportation authorized for
individuals who are on Medicaid, an
application has to be submitted for
preapproval. This bill would simply state
that in the approval process of
transportation, if the person is physically
and mentally capable of using a bus, a subway,
a fixed-route means of transportation, then
they will be required to do that.
This does not apply in situations
of emergency. And it does not apply to an
individual who cannot, because of
disabilities, take such a method of
transportation.
Our county, Onondaga, did a study
that indicated it would be a savings of about
$650,000 if this law was in effect each year.
ACTING PRESIDENT KUHL: Senator
Paterson, why do you rise?
1350
SENATOR PATERSON: Mr. President,
if Senator DeFrancisco would yield for a
couple of questions.
ACTING PRESIDENT KUHL: Senator
DeFrancisco, do you yield to a question from
Senator Paterson?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Mr. President,
Senator DeFrancisco did some very good
research. And this is the type of criteria -
I was talking about this yesterday, that when
these types of things can be established, that
you can perhaps support legislation like this,
because we would like to know what the savings
is.
Moreover, my question to Senator
DeFrancisco is, what would be the guidelines
which would establish an exemption for
someone, and how would they go about getting
it?
Is this something that's realistic
that a person can establish that -- for
instance, I lived in an area in Long Island
1351
once that bordered Senator Hannon's district
and Senator Skelos's district. And what I
remember is I don't think there was a bus
within a mile and a half of where I lived at
that particular time.
Would that establish an exemption?
SENATOR DeFRANCISCO: Absolutely.
And the point is that if there's no
fixed means of transportation available,
fixed-route means of transportation, then
obviously it's not practical to do this.
And it's only in those cases where
that's available and the person doesn't have a
condition that would preclude that person from
using that type of transportation.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator DeFrancisco would continue to
yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, what
about the frequency of the travel? You might
1352
have a situation where you're close to the bus
stop, for instance, and maybe the bus only
runs once a day. There are actually areas in
the state where that type of thing happens.
Do you think that would qualify for
an exception?
SENATOR DeFRANCISCO: Well, you
know, you can go through every example you'd
like to go through. But the intent is very
simple, that if there is a fixed-route means
of transportation, it's usually, in just about
every case, less costly.
If it's practical under those
circumstances to use that fixed-route means of
transportation, then that person will have to
use that if there's no disability that
prevents them from doing so.
It's no different than anyone who
does not qualify for public assistance has to
do if they're a low-income individual. It's
just a practical, commonsense approach, and it
has to be done on a case-by-case basis.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
1353
on the bill.
ACTING PRESIDENT KUHL: Senator
Paterson, on the bill.
SENATOR PATERSON: I want to
congratulate Senator DeFrancisco for his
diligence. He is always very interesting in
his responses, and he, as much as anybody
here, takes a real hard look at these pieces
of legislation before he considers them. And
it's always a pleasure to work with him and
observe the way he reacts to different bills
that are brought before the floor.
And I think I have to take an added
moment to really think about whether or not I
can vote against this bill, based on the fact
that he does put this effort into his work.
But on this one, I submit to my
colleagues that it really is the examples, it
really is the application more than the idea
that I think is too burdensome for individuals
who are already in a position where they
require government assistance, that any little
thing can really upset their budgets.
And say, for instance, you might
have this rule and you have a bad day and the
1354
person needs to go to the doctor, you have
inclement weather, and now they've got to
stand out there for hours waiting for a bus
when perhaps a taxi would have been a quicker
way.
In New York City, we have often
different types of malfunctions on the subway,
not all of them traceable. Sometimes in city
employment you would not be charged for the
time you missed when it was clear that there
was a major subway delay and you couldn't get
there on time. But sometimes these are issues
in a particular station, the station is
closed, the access to the subway is difficult.
There are a myriad number of
examples, there are a myriad number of
problems in the application of this
legislation that I think is just overly
burdensome for people who are already
unfortunate as of nature, and really just
tacks on an additional problem to their
everyday lives.
And I would suggest that even
though it would save about $650,000 a year,
that it's not money that we, who hopefully
1355
don't want to cause people who are a little
less fortunate than us to endure that type of
a burden, would want to actually save. I
don't know if it's a savings as much as it's a
convenience which causes inconvenience to
others.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Gentile, why do you rise?
SENATOR GENTILE: Yes, Mr.
President. On the bill, please.
ACTING PRESIDENT KUHL: Senator
Gentile, on the bill.
SENATOR GENTILE: I have to agree
with my colleague Senator Paterson.
Particularly given the fact that in the area
that I represent on Staten Island, there is
very little public transportation that is
convenient.
Particularly the fact -- and some
members of the house may not know this, that
Staten Island does not have a subway system.
There is no subway system on Staten Island.
There's only one train that goes from
St. George to Tottenville and back. That's
1356
not very convenient for someone who has to get
somewhere other than where that one train
runs.
Certainly if my constituents in
Staten Island had to get to Manhattan and to
use public transportation to get to Manhattan,
if, as the Senator has mentioned, they are ill
or sick or in some way had to wait for two
buses or a bus and then a ferry, that is
really imposing a burden on the people of
Staten Island. Whereas you might think that
it's convenient being in the city of New York,
living in the borough of Staten Island, it's
not the same situation.
So I would agree with my colleague
Senator Paterson that this imposes in many
cases an undue burden on many constituents.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Hearing none, then the debate is
closed.
Excuse me, Senator Krueger, you
wish to speak on the bill?
SENATOR LIZ KRUEGER: Will the
sponsor yield to a question?
1357
ACTING PRESIDENT KUHL: I'll ask.
Senator DeFrancisco, do you yield
to a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator DeFrancisco, who will give
the authority through the Department of Health
if someone needs to get an exemption or get a
change in their permission to use public
transportation?
SENATOR DeFRANCISCO: The same as
the authority is now. In the county of
Onondaga, whatever the agency is -- the Social
Services Department -- that has to give the
preapproval now to get transportation in the
first place.
SENATOR LIZ KRUEGER: Mr.
President, will the Senator yield to another
question?
ACTING PRESIDENT KUHL: Senator
DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT KUHL: The
1358
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
And have you been able to, Senator,
find out whether the Department of Health is
successful in effectively operating that
program for the state? Because in my
experience, there have been people who have
actually had to file appeals after the course
of their medical treatment in order to get
that resolved, long after they've completed
the process.
SENATOR DeFRANCISCO: I've never
had any constituent contact me complaining
about how the program is administered in
Onondaga County. I don't know of any
instance. I'm sure there are, but I'm not
aware of any.
SENATOR LIZ KRUEGER: Mr.
President, will the Senator yield to an
additional question?
ACTING PRESIDENT KUHL: Senator
DeFrancisco, do you yield to another question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
1359
SENATOR LIZ KRUEGER: Thank you.
Senator, is it your understanding
that the Department of Health would recognize
a family-unit need for transportation, such
that a mother might have an ill child and
multiple other children that she needed to
take with her to medical care, so even though
she herself, as the adult, could arguably use
public transportation, when dealing with a
sick child or multiple children that need to
travel with her, that that would be an added
limitation and problem for using public
transportation?
SENATOR DeFRANCISCO: All I can
say is that it's a case-by-case basis.
Depending upon the facts -
ACTING PRESIDENT KUHL: Senator
DeFrancisco, would you excuse the interruption
just a moment? It's even difficult to hear
your debate up here.
Senator Farley.
To the members, if you need to have
a conversation, please take it out of the
chamber.
Senator Leibell, if you need to
1360
have a conversation, please exit the chamber.
Thank you, Senator DeFrancisco.
SENATOR DeFRANCISCO: I think the
answer is that it's a case-by-case analysis.
Number one, are you approved
depends upon what your circumstances are and
if you're -- if you're entitled to this
transportation. And whether you should be
required to have fixed transportation or a
fixed route depends upon everything including
what fixed routes are available, what your
circumstances are.
You can't give a broad, general
rule. The bill just says if this is possible,
it should be done.
And it's no different than if I
just happened to be above the poverty line or
the line that would entitle me to
transportation. It's a great inconvenience
for those low-income individuals who don't
have the benefit of any transportation.
They're inconvenienced. They have to stand on
a corner. And if a person is on public
assistance, they should follow the same rules
if they are physically and mentally capable.
1361
And that's what the legislation
intends, and I think it's eminently sensible.
SENATOR LIZ KRUEGER: Thank you,
Senator.
Mr. President, may I speak on the
bill.
ACTING PRESIDENT KUHL: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I also have to explain my vote to
vote no on this bill. While I appreciate
Senator DeFrancisco's points about the
inequity between people who may not be on
Medicaid and those who are and the
difficulties in getting transportation to get
to health care, I think as a legislature our
goal should be to ensure that all New Yorkers
who have medical needs are assisted with
improved access to health care rather than
saying because we have an unfair system
overall we should decrease the access or the
potential access to the most medically
appropriate transportation to health care
because we can't do it for everyone.
Speaking from my experience in
1362
New York City -- granted, I don't know the
transportation systems as well in upstate
New York -- the fact is that there are many
times when someone may not be technically
defined as in a medical emergency in order to
use an ambulance, where the only way for them
realistically to get to health care is to use
private transportation.
Unfortunately, we do not have a
perfect system of public transportation even
in a large city like New York City. And the
fact is that today we have too many people who
end up -- who are very low-income who end up
having to pay out-of-pocket for a cab in a
medical situation, who never get the
reimbursement under the current rules.
And I think that shrinking the
eligibility and making it more difficult for
people to continue to get reimbursement
through the Medicaid program for
transportation does a disservice to people who
receive Medicaid assistance in the state and
who in fact on any number of different
occasions would be justified in needing to get
to use private transportation that may not be
1363
the lowest cost to get access to health care.
I would actually urge the Senate to
revisit this legislation in the context of how
few people under today's rules are actually
able to get reimbursement from the Medicaid
system for their transportation needs.
While $650,000 in savings may sound
like a significant amount of money, I think if
you hold it up against the amount of money
that perhaps we are not spending under the
existing rules where people are eligible but
never get their reimbursement, we might see
this in a different light.
Thank you very much, Mr. President.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President. I rise to speak on the
bill.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, on the bill.
SENATOR HASSELL-THOMPSON: Thank
you.
Listening to my colleagues makes me
just have a need to share with Senator
1364
DeFrancisco that in many of our areas, when we
pass bills like this, the impact in Onondaga
may be very, very different than it may be in
the city.
And so while we are certainly
supportive of those things that are needed in
your community, when it becomes a statewide
issue -- I represent two counties. I
represent Westchester and the Bronx. And when
we talk about the -- you couldn't have a more
varied system than those two counties in terms
of how public transportation is provided.
But knowing, for instance, in the
Bronx, in Co-op City, Co-op City just lost two
buses that were very significant to them.
MTA, with all the letters and all the concerns
that we addressed to them, refused to hear the
concerns that we raised about the fact that
when they took off Public Bus 28, that bus
served people going from Co-op City to the
Veterans Hospital.
And many of them were people who
worked at Veterans Hospital, but more often
they were veterans who used the services of
that hospital. And in doing that, it put them
1365
in a very awkward position.
We have been investigating the ways
in which to address those needs. But when you
do a legislative enactment like this, this
further makes it more difficult for us to be
able to come up with private ambulance
services or other kinds of services that we
need to use to augment the absence of public
transportation.
And so while some communities enjoy
rapid transportation, many of our communities
do not. And so for that reason, on a
statewide basis, many of us cannot, knowing
the needs of our own individual communities,
cannot be in support of this bill.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Stavisky.
SENATOR STAVISKY: Mr. President,
on the bill.
I'm not sure if Senator DeFrancisco
is aware of the fact that in Queens County we
have a unique problem. Our subway system is
not necessarily accessible to the disabled,
and in fact often is not.
1366
Secondly, we have a subway system
that ends far from where people live and they
have to take a bus. We have two-fare zones.
This makes it very difficult for people to
take public transportation if they have to
visit some medical facility.
And for that reason, Mr. President,
I will vote no.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Smith.
SENATOR ADA SMITH: Thank you,
Mr. President.
In the past I have debated with
Senator DeFrancisco on this bill. However,
today I will just speak on the bill, taking
into consideration all of the things that
we've said in debate.
And my colleague Senator Stavisky
has just related the trials of traveling in
the county of Queens and how unfair it is to
attempt to have someone that is not well to
navigate that transportation system to get
proper medical attention.
And while we're at it, the cost of
1367
the ambulance services in the city of New York
has been cut to the point where it is even
cheaper now in some instances to take a taxi.
So these are some of the things
that we need to be looking at, rather than
continuing to punish those people who have
needs for medical attention.
Thank you. I will be voting in the
negative.
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 on the same date as
Section 31 of Part B of Chapter 1 of the Laws
of 2002.
ACTING PRESIDENT KUHL: Record
the negatives.
Senator DeFrancisco, to explain his
vote.
SENATOR DeFRANCISCO: Very
simply, I know each district has their own
specific system of transportation. Some are
more convenient than others.
1368
Each one of the individuals who
would be affected by this legislation, if it
ever passed both houses, would -- their
circumstances would be reviewed by the county
in which they live. And if there are counties
that have these difficult transportation
situations, no doubt that would be considered
as to whether there's really the appropriate
transportation available.
But I think those counties that do
have adequate transportation should be
required to require the least expensive
transportation, because those people that are
just above the -- not only because of the
savings, but those are just above the poverty
line or the Social Services line, it's their
taxes that are paying for these additional
costs that they -- that are necessitated by
the current system, and they are just as
inconvenienced as the people that are capable
of taking public transportation or fixed
transportation that are on Social Services.
ACTING PRESIDENT KUHL: Senator
DeFrancisco will be recorded in the
affirmative.
1369
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 181 are
Senators Andrews, Brown, Connor, Duane,
Espada, Gentile, Hassell-Thompson, Hevesi,
L. Krueger, C. Kruger, Lachman, Onorato,
Paterson, Sampson, Santiago, Schneiderman,
A. Smith, M. Smith, and Senator Stavisky.
Ayes, 40. Nays, 19.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Velella.
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room, Room 332.
ACTING PRESIDENT KUHL: Immediate
meeting of the Transportation Committee,
immediate meeting of the Transportation
Committee in the Majority Conference Room,
Room 332.
Senator Velella.
SENATOR VELELLA: And on behalf
of Senator LaValle, the Higher Education
Committee will meet at 3:00 p.m. in Senator
1370
LaValle's office, 806 in the LOB.
ACTING PRESIDENT KUHL: There
will be a Higher Education Committee meeting
in Senator LaValle's conference room at
3:00 p.m. this afternoon.
Senator Paterson, why do you rise?
SENATOR PATERSON: Point of
order, Mr. President.
Upon information and belief, I
understand that the chair instructed Senator
Duane, when he was debating with Senator Rath,
to face Senator Rath, when the rules
specifically govern us to face the chair.
And I wanted to know if that was
your understanding or if I misunderstood.
ACTING PRESIDENT KUHL: Senator
Paterson, I would have to research that
particular point of order. In that it does
not disrupt the proceedings today, I'll take
that under advisement and personally deliver
an answer to you this afternoon after we
conclude our session here.
But I was speaking just as a matter
of convenience to try to accommodate Senator
Rath's hearing of the question. I think we've
1371
resolved that issue since that time. And
hopefully that will suffice for an answer.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 181.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Montgomery will be recorded in the negative on
Calendar Number 181.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT KUHL: Senator
Gonzalez, why do you rise?
SENATOR GONZALEZ: Yes, Mr.
President. I too would like unanimous consent
to be recorded in the negative on 181.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Gonzalez will be recorded in the negative on
Calendar Number 181.
SENATOR GONZALEZ: Thank you.
ACTING PRESIDENT KUHL: Senator
Velella.
SENATOR VELELLA: Mr. President,
1372
Senator Dollinger wishes to be recognized. If
the chair would recognize him.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I rise just because this is an
historic day of sorts in the Senate. And I
would just like to comment, if I could, for a
brief moment about the person who gave the
prayer in the Senate today.
Sister Joan Sobala comes from the
Diocese of Rochester. She has been with the
Sisters of St. Joseph for a number of years,
Sister. I learned the tactful equivocation as
a part of diplomacy not from the sisters of
St. Joseph, I learned it from the Jesuits,
Sister.
But nonetheless, she has been with
the Diocese of Rochester for a number of
years. And the reason why she participates in
history today is because the Senate rules,
prior to Sister Joan's appearance, required
that in order to give a prayer, you had to be
an ordained minister. Which meant that those
nuns who took vows as part of their religious
1373
experience and their commitment were not,
under the rules, eligible to say the prayer.
Through Senator Bruno's office -
and I want to thank Senator Bruno for this
change -- and also through John McArdle, who
has also assisted me in bringing this change
about -- we have altered the rules of the
Senate with respect to who qualifies for the
prayer in order to entitle those members of
our religious communities who have professed
vows to be eligible to say the prayer.
Sister Joan has been an important
part of the Diocese of Rochester, particularly
in her work for the St. Mary's Church in the
downtown community.
But I think today is an important
day because it recognizes the religious
commitment, the commitment to belief, to
ministry, and to the concept of bringing
communities together, is something that we now
recognize surpasses gender.
And I welcome these committed
Catholic women to our list of eligible
chaplains of the Senate. And I want to
congratulate Sister Joan, thank her for coming
1374
down, thank her for bringing her friends in
the religious community with her in this day
when we celebrate that the word of God, the
word that, when we say "one nation under God,"
we recognize that God accepts the prayers of
those who are ordained and those who are
committed by vow to their religious
experience.
Thank you for coming, Sister.
ACTING PRESIDENT KUHL: Senator
Velella.
SENATOR VELELLA: Mr. President,
if we can return to motions and resolutions
and call up Senate Resolution 4479, by Senator
Maltese. I ask that the title be read, and
then that Senator Maltese be recognized to
speak on it.
ACTING PRESIDENT KUHL: We'll
return to the order of motions and
resolutions.
The Secretary will read the title
of Resolution Number 4479.
THE SECRETARY: By Senator
Maltese, Legislative Resolution Number 4479,
commemorating the 91st anniversary of the
1375
Triangle Shirtwaist Factory fire, on March 25,
2002.
ACTING PRESIDENT KUHL: Senator
Maltese, on the resolution.
SENATOR MALTESE: Mr. President,
I rise to invite all members of the Senate to
join me as cosponsors of this resolution.
It commemorates the 91st
anniversary of a very tragic and momentous day
in New York and the country's history. It
changed the Labor Law and provided for
protection of workers and was the cause of the
deaths of 146 mainly young immigrants, young
immigrant women, Yiddish and Italian, who had
recently arrived on our shores and were
working at the Triangle Shirtwaist Factory
Company, which was located in downtown
Manhattan on the West Side.
A fire broke out, and in the course
of the fire, 146 souls perished. And this was
because of intolerable working conditions,
doors locked, lack of a sprinkler system, and
the fact that the fire trucks of the day could
reach no further than the sixth floor.
A ceremony commemorating that event
1376
will be held on Monday in Times Square
downstairs. All legislators are invited to
attend. It is a ceremony, especially in view
of September 11th, that should be attended by
all legislators. And it changed the course of
New York's history and provided for more
protection for many of our garment workers and
workers in sweatshops.
Unfortunately, the work is not yet
done, and it something that we in the Senate,
by commemorating UNITE!, the union which
was -- is a union that commemorates this event
every year, and it is something that we should
attend so that it will never happen again.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella.
SENATOR VELELLA: Mr. President,
can we follow the normal procedure and ask
that the resolution be opened to all members,
all members be put on it. And if anyone does
not wish to be on the resolution, that they
would notify the desk.
ACTING PRESIDENT KUHL: The chair
will direct that the Secretary place all
1377
members' names on the resolution unless those
members do not wish to cosponsor the
resolution. If they do not, they should
notify the desk immediately.
The question is on the resolution.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Velella.
SENATOR VELELLA: Can we return
to the controversial calendar in regular
order.
ACTING PRESIDENT KUHL: We will
return to the controversial reading of the
calendar in regular order.
The Secretary will read.
THE SECRETARY: Calendar Number
196, by Senator Velella, Senate Print 4723, an
act to amend the Penal Law, in relation to the
crime of unauthorized use of a motor vehicle
in the second degree.
1378
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT KUHL: Senator
Velella, an explanation of Calendar Number 196
has been requested by Senator Montgomery.
SENATOR VELELLA: Mr. President,
this is a bill that was given to me and
suggested to me by the district attorney of
Bronx County, Robert Johnson.
It allows the charge of
unauthorized use of a motor vehicle in the
third degree to be elevated to the second
degree when the defendant has a previous third
degree conviction within ten years.
ACTING PRESIDENT KUHL: Senator
Montgomery.
SENATOR MONTGOMERY: Mr.
President, I would just like to ask a
question.
ACTING PRESIDENT KUHL: Senator
Velella, do you yield a question from Senator
Montgomery?
SENATOR VELELLA: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR MONTGOMERY: Senator, I'm
1379
trying to figure out, why do we need to have
an additional level of charge and penalty? It
seems to me that we already have in place -
SENATOR VELELLA: Well, Senator,
this bill would take a misdemeanor offense and
elevate it to an E felony when people who have
committed the crime once before do it again
within the ten-year period.
It's an attempt by the district
attorneys to stop the recidivism of these
people who just continually go out there, rip
off cars, and there's not enough evidence, so
they get a third-degree charge continuously
and they're sentenced under repeating
misdemeanors.
So that if you've had this
misdemeanor within a period of ten years for
doing the same thing, or any of the higher
grand larceny or auto theft crimes within a
period of ten years, you will now have that
crime elevated to a felony so that these
people will realize the seriousness of their
acts and the economic impact it has on people
in their community.
SENATOR MONTGOMERY: Mr.
1380
President, through you, I would like to ask
another -
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to another question?
SENATOR VELELLA: Certainly.
ACTING PRESIDENT KUHL: Senator
Montgomery, the Senator yields.
SENATOR MONTGOMERY: Senator
Velella, the bill appears to be targeting the
so-called -- these youth who take cars for the
joyride, the joyride -
SENATOR VELELLA: Sometimes
appearances are deceiving, Senator. It is not
targeted to go at youths. It's targeted to go
at people who steal cars, thieves.
So long as they are chargeable
under the criminal law and not juvenile
delinquents, it would treat anyone who is
stealing a car, regardless of their age, so
long as they are of the age that would be
treated as a criminal and not as a juvenile
delinquent or a person in need of supervision.
So no, the appearance that it is
targeting a certain group or age level is not.
The fact of the matter may be that
1381
the people who tend to steal cars tend to be a
little younger. I don't think it's a crime
committed by senior citizens; it tends to be a
crime committed by younger people.
But we take the thieves as we find
them, whatever age they are, and punish them
accordingly.
SENATOR MONTGOMERY: All right.
Thank you, Senator.
Mr. President, briefly on the bill.
ACTING PRESIDENT KUHL: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: As far as I
can tell, I voted no on this legislation in
the past.
And one of the problems for me is
that it's a situation where, even though
there's no age indicated in the legislation,
we do know that the whole issue of taking a
car -- unauthorized use, as is stated here -
is something that it's an act that is unique
pretty much to young people, that they go
joyriding in someone else's car.
And this is not really a bill
targeted to the people who run the chop shops
1382
who are out there defrauding and dealing in
insurance fraud and those kinds of serious
situations.
So I'm going to continue to vote
no, because I just see it as targeting young
people who are unfortunately into joy
riding -- and we don't want to see that. But
by the same token, we don't want them to end
up in prison because they went joyriding in
their grandparent's car.
Thank you.
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 first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative and announce the vote.
THE SECRETARY: Ayes, 58. Nays,
1383
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Velella.
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Local Governments Committee in Room 332, the
Majority Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Local Government Committee,
immediate meeting of the Local Government
committee in the Majority Conference Room,
Room 332.
The Secretary will continue to read
the noncontroversial reading of the calendar.
THE SECRETARY: Calendar Number
201, by Senator Bonacic, Senate Print 5116, an
act to amend the Public Housing Law, in
relation to the sale or lease of a housing
project.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
1384
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
237, by Senator Padavan, Senate Print 1814, an
act to amend the Agriculture and Markets Law,
in relation to spectators.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
1385
THE SECRETARY: Calendar Number
300, by Senator Libous, Senate Print 5492A, an
act authorizing -
SENATOR PADAVAN: Lay it aside
for the day, Mr. President.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
Senator Padavan, that completes the
controversial reading of the calendar.
SENATOR PADAVAN: Mr. President,
can we return to the reports of standing
committees. I believe there is a report from
the Finance Committee at the desk.
ACTING PRESIDENT KUHL: We can,
and there is.
Return to the order of reports of
standing committees. The Secretary will read
the report from the Finance Committee which is
at the desk.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations.
As director of the State of
New York Mortgage Agency, Jerome M. Becker,
Esquire, of New York City.
1386
As alternate nonvoting member of
the Metropolitan Transportation Authority,
James L. McGovern, of Manhasset.
As a member of the New York State
Olympic Regional Development Authority,
Clifford R. Donaldson, Jr., of Saranac Lake.
As banking members of the State
Banking Board, Thomas E. Hales, of Briarcliff
Manor; Thomas Siciliano, of Commack; and
George J. Vojta, of Bronxville.
As a member of the Advisory Council
on Agriculture, Maureen J. Torrey Marshall, of
Elba.
As a member of the Minority Health
Council, Rafael A. Olazagasti, of Woodstock.
As members of the Public Health
Council, Joan H. Ellison, of Livonia, and
Stephen A. Jennings, of Watertown.
As a member of the State Camp
Safety Advisory Council, Dawn Ewing, of Nyack.
As a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Batavia,
Anthony M. Ferrarese, of Rochester.
As members of the New York State
1387
Home for Veterans and Their Dependents at
Montrose, Charlotte Craven, of Poughkeepsie,
Daniel Griffin, of White Plains, and Freemont
Reif, of Mohegan Lake.
And as a member of the New York
State Home for Veterans and Their Dependents
at St. Albans, Angelo Lomonaco, of Elmont.
ACTING PRESIDENT KUHL: The
question is on the nominations of all those
previously read by the Secretary. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
Senator Padavan.
SENATOR PADAVAN: I believe you
have some bills to read, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the report from the
Finance Committee dealing with four bills.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
1388
following bills:
Senate Print 6535, Budget Bill, an
act to amend Chapters 50, 53, 54, and 171 of
the laws of 2000;
6536, Budget Bill, an act to amend
the Social Services Law;
6539, Budget Bill, an act to amend
Chapter 50 of the Laws of 2001;
And Senate Print 6540, Budget Bill,
an act to amend the General Municipal Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills are ordered directly to
third reading.
Senator Padavan.
SENATOR PADAVAN: May we take up
Calendar Number S6535.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
361, Senate Budget Bill, Senate Print 6535, an
act to amend Chapters 50, 53, 54, and 171 of
the Laws of 2001.
ACTING PRESIDENT KUHL: Senator
1389
Padavan.
SENATOR PADAVAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR PADAVAN: I move to
accept the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negative and announce the results.
1390
THE SECRETARY: Ayes, 58. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
SENATOR PADAVAN: May we take up
Calendar Number 362, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
362, Senate Budget Bill, Senate Print 6536, an
act to amend the Social Services Law, in
relation to funds.
ACTING PRESIDENT KUHL: Senator
Padavan.
SENATOR PADAVAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR PADAVAN: Move to accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 362. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
1391
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
THE SECRETARY: Section 14. 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 Padavan.
SENATOR PADAVAN: Can we take up
Calendar Number 363.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
363, Senate Budget Bill, Senate Print 6539, an
act to amend Chapter 50 of the Laws of 2001,
enacting the public protection and general
government budget.
1392
ACTING PRESIDENT KUHL: Senator
Padavan.
SENATOR PADAVAN: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR PADAVAN: Move to accept
the message.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 363. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT KUHL: Senator
Stafford, Senator Paterson, the acting
1393
Minority Leader, has requested an explanation
of Calendar Number 363, Senate Print 6539.
SENATOR STAFFORD: Mr. President,
these bills that we are taking up, this is one
time when it's appropriate that we have a
message of necessity. Because these bills are
being taken up due to a necessity. It's a
situation where we are appropriating money
where we have found, due to the expenditures,
it's necessary to have these appropriations.
This specific bill, Senate 6539,
appropriates $70 million from the contingency
reserve fund to provide for court-approved -
and I emphasize "court-approved" -- settlement
payments to the City of Yonkers in connection
with litigation involving the desegregation of
its public schools.
You all remember the litigation.
There was a determination. And due to this
decision or decisions, it is necessary to
appropriate this money.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Will the
sponsor yield to a question, Mr. President?
1394
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield to a question from
Senator Dollinger?
SENATOR STAFFORD: Certainly.
SENATOR DOLLINGER: Through you,
Mr. President. Senator Stafford, my
understanding is that the total settlement
entered into between the State of New York and
the plaintiffs in this case was $300 million.
Is that correct?
SENATOR STAFFORD: That's
correct.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will continue to
yield.
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield to another question?
SENATOR STAFFORD: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: How much of
the $300 million is damages for injuries
sustained by the plaintiff in the past?
SENATOR STAFFORD: I believe you
asked that question last year.
1395
SENATOR DOLLINGER: I may well
have, Senator.
SENATOR STAFFORD: Do you
remember?
SENATOR DOLLINGER: I always am
interested in these settlements, Senator, as
you well know, about what's happened in the
past.
Are these damages for the past, or
are they prospective? Is there a prospective
payment to the Yonkers school district?
SENATOR STAFFORD: Mr. President,
Senator Dollinger asked that question last
year. It shows that your mind is still keen.
SENATOR DOLLINGER: Foolish
consistency, the hobgoblin of the small mind?
ACTING PRESIDENT KUHL:
Gentlemen, gentlemen. This is very
entertaining, to have this debate going back
and forth, but it does go outside the rules of
the chamber. I would remind you of that.
And to address the question that
Senator Paterson asked before -- and Senator
Stafford, I'd ask that you accommodate me -
Rule 9, I think it's Section 4(b), talks about
1396
members who wish to ask questions of other
members addressing the chair of the chamber.
It does not specifically say that you need to
face the chair of the chamber.
Now, just to share a little
information with all of you -- it's what I
call a useless bit of information, a UBI -
you may have noticed that in fact it's been
more difficult to hear in this chamber in the
last couple of days. That is to because we're
experiencing a little bit of a problem with
the sound system, and a little feedback, so
the volume has been turned down.
So on occasion, it may be difficult
for one member to hear the other member,
particularly when you're not asking the
question over your microphone, which is the
case that Senator Stafford is ensuing right
now in the debate with you, Senator Dollinger,
because there is no microphone.
Now, we know that that debate needs
to be recorded for historical significance.
But there is a real problem with the
stenographer recording that if she cannot hear
you gentlemen. So like in the case of Senator
1397
Duane, I would ask that when you face each
other to ask the question, that you do so, if
you can, over your microphone, so that the
stenographer can transcribe this very
meritorious question-and-answer session.
So now, Senator Dollinger, you do
have the opportunity to ask Senator Stafford a
question if you would like to.
SENATOR DOLLINGER: Thank you.
I'll commend the chair for his meticulous
reply.
Through you, Mr. President, if
Senator Stafford will continue to yield.
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield?
SENATOR STAFFORD: By all means.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: How much of
the $300 million is a retrospective payment to
the plaintiffs or to the school district for
damages that were already sustained in the
past?
SENATOR STAFFORD: Mr. President,
I think, as we described last year, we're not
1398
talking about in the past here in this
situation. We are here trying to provide
funds to correct situations where we will not
have a situation that we had in the past.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Stafford will
continue to yield.
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield to another question
from Senator Dollinger?
SENATOR STAFFORD: By all means.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR STAFFORD: I liked it
better when we faced each other.
SENATOR DOLLINGER: That's true.
Usually, Senator Stafford, when a
settlement of this nature occurs, there's a
conclusion that this amount that's going to be
paid reflects some damage sustained by a
plaintiff, or in this case this is our share
of a settlement between the school district
and the plaintiffs.
And I'm simply trying to determine
how much of this is to remedy past practices
1399
that were apparently discriminatory, although
I understand this settlement occurs perhaps
without a finding, without the state conceding
a finding of de juris or de facto segregation.
But my question is, how much of
this is in the past? How much are we paying
for damages that occurred in the past?
SENATOR STAFFORD: As I mentioned
earlier, Mr. President, we're not talking
about the past here. We're not talking in
this case -- I know, every case is different.
In this case we're providing funds to in
effect follow the decision that's been
reached, which results in corrections,
changes, revisions to the situation we've had
in the past.
ACTING PRESIDENT KUHL:
Gentlemen, excuse me just a minute.
Senator Padavan, why do you rise?
SENATOR PADAVAN: If the Senators
would suffer an interruption, there's an
immediate meeting of the Corporations
Committee in the Senate Majority Conference
Room.
ACTING PRESIDENT KUHL: The
1400
chairman announces an immediate meeting of the
Corporations Committee in the Senate Majority
Conference Room, Room 332. Immediate meeting
of the Senate Corporations, Authorities and
Commissions Committee in the Senate Majority
Conference Room, Room 332.
Senator Dollinger, thank you for
allowing that interruption.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Stafford will
continue to yield.
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield?
SENATOR STAFFORD: Certainly.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: How much, if
any, of this settlement goes to the
plaintiffs, Senator Stafford, if you know?
SENATOR STAFFORD: Now, wait a
minute. Senator Dollinger says if you know.
SENATOR DOLLINGER: I'll amend
that question, Mr. President.
How much of it goes to the
plaintiffs? Or is it simply an action brought
1401
by the United States on behalf of the
plaintiffs?
SENATOR STAFFORD: As I
mentioned, Mr. President, every case is
different. And this is a decision that was
made by a federal court, and funding is going
to the school district to correct what was
determined to be something that needed to be
changed, corrected, revised, whatever word you
would use.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Stafford will
continue to yield.
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield to another question?
SENATOR STAFFORD: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: So I
understand, Senator Stafford, this is a
prospective settlement. And what are the
funds going to be used for, do you know?
SENATOR STAFFORD: Now, we've
determined that it's a prospective settlement.
Now we'll move on.
1402
The money will be used to ensure
that New York's fourth largest school
district, Yonkers, and its 26,000 students
have smaller classes, improved learning
resources, and targeted instruction geared
toward reducing the achievement gap between
minority and nonminority students.
Among the programs to be bolstered
would be ones for students with limited
proficiency in English.
SENATOR DOLLINGER: Thank you,
Mr. President. On the bill briefly.
ACTING PRESIDENT KUHL: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: Mr.
President, I'm going to reluctantly vote
against this bill.
I'm tired of the children of this
state having to sue their state government to
get justice in their classrooms. I'm tired of
having lawsuits all over this state because,
quite frankly, either this Legislature or the
Executive will not fully fund educational
opportunity for everyone in this state.
I won't vote for this because,
1403
although I think this may solve the problem in
Yonkers, there are problems pending in the
third largest city school district in the
state, in the community in Rochester that I
represent, that I daresay, although I'm not
intimately familiar with Yonkers, they
parallel the experience of children in
Yonkers.
I know there are problems with
educational attainment in the city of Buffalo,
and I know, based on the CFE case, that there
are enormous problems with educational
attainment in the city of New York.
And I believe it's time that this
Legislature did not need a federal court to
tell it to provide justice and educational
opportunity for our children everywhere.
And although I believe this is
important for Yonkers, and I understand the
importance of these commitments, I want us to
make that commitment for everyone in this
state a reality. And until such time as this
Legislature and this Governor start to put the
money into education in urban areas, so
whether it's the segregated effect of race or
1404
the impact of chronic poverty, whatever it is
that restrains our children from reaching
their educational goals, we will commit the
resources to do it.
I would vote in favor of this if I
believed that we were committed to providing
it for everyone. I will not vote for it so
long as it is a piecemeal approach to solving
the problem of urban educational attainment.
I believe that problem exists
throughout this state. I believe it will take
more than $70 million. When we see a bill
that does that, I will welcome it with open
arms. Until then, although I appreciate what
has happened in Yonkers -- I support a
settlement of that lawsuit, I support putting
the money into public education -- from this
Senator's point of view, this is a piecemeal
approach to a problem that we need to solve
everywhere in this state.
And until we have the courage to do
that, I will vote no.
ACTING PRESIDENT KUHL: Senator
Velella, why do you rise?
SENATOR VELELLA: Mr. President,
1405
I rise in strong support of this bill.
This is a bill that has been worked
on and a problem that has been worked on from
the time I came into the Senate. The problem,
I wish to call to your attention, occurred
during the Cuomo/Carey administrations. It
took us eight years to untangle that, but we
have managed to forge an agreement between the
NAACP, between the school board, between all
of the parties that have participated in this
lengthy, lengthy litigation.
There were very strong feelings on
all sides. But you know what? People came
together and a judge approved that settlement.
And Governor Pataki has led the way in
providing the funding to clear and address all
of those problems that were there in the past.
We ought to all be standing up and
cheering and saying thank God we had the
leadership in this state to put these people
together, to achieve this settlement, to get a
judge who was very, very strong to sign off -
Judge Sand -- on this settlement, and to start
addressing the problems that have plagued the
city of Yonkers for so long.
1406
Today we are putting in the funds
to a new Yonkers, an opportunity for all the
young people to be educated, for all of the
people of Yonkers to come out from under that
pressure that was on them -- the mayor, the
council, all of the elected officials have
been involved in this from day one. This is a
day we should be proud of, and I thank our
Governor for putting it together.
ACTING PRESIDENT KUHL: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
would Senator Stafford yield for a question?
ACTING PRESIDENT KUHL: Senator
Stafford, do you yield to a question from
Senator Paterson?
SENATOR STAFFORD: By all means.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, I
think that Senator Dollinger did raise a valid
point, and it has to do with compliance and
agreement.
You can delay something sometimes,
and then when there is agreement, we're all
1407
acting as if we did something great. But I
think Senator Dollinger's point is that this
is something that we should have realized a
long time ago was a problem, and this is
something that is still a problem in other
parts of the state.
My question is, is there an
agreement to pass this bill? Do we have an
agreement with the Assembly to pass this?
SENATOR STAFFORD: I have been
here a while -- in fact, I believe I was here
with your father, Senator. And I usually find
that when you have a deficiency appropriation
before you, that we have raised the issues and
balanced the equities and we're ready to move
on.
ACTING PRESIDENT KUHL: Senator
Schneiderman, why do you rise?
SENATOR SCHNEIDERMAN: I think
Senator Paterson is not done.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
would Senator Stafford yield for a question?
ACTING PRESIDENT KUHL: Senator
1408
Stafford, do you yield to a question?
SENATOR STAFFORD: Always.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: If my father
had asked you -
(Laughter.)
SENATOR PATERSON: -- was there
an agreement with the Assembly, what would
your answer have been to that question?
(Laughter.)
SENATOR STAFFORD: Mr. President,
my answer would have been "Basil, you know the
answer to that."
(Laughter.)
ACTING PRESIDENT KUHL: Senator
Schneiderman, you still wish to rise?
SENATOR SCHNEIDERMAN: Yes,
although it's certainly hard to follow that
colloquy.
But I do want to rise, and I guess
I find myself in the unusual circumstance of
rising in support of Senator Velella and in
opposition to the statements of Senator
Dollinger.
1409
When I was a lawyer in private
practice, as many of you know, I
represented -- you're going to change your
vote now? -- I represented the Urban League, I
was friendly with the counsel for the NAACP in
Yonkers. I'm a strong supporter of the
Campaign for Fiscal Equity decision, of the
whole movement for fairness in our public
schools for a good education for every child.
In fact, I will shortly request unanimous
consent to vote against other pieces of this
budget because it does not address the
inequity in the budget towards particularly
schools in New York City.
But I urge Senator Dollinger that
the situation in Yonkers is different, and my
district has big problems with their schools.
It drives me crazy that every day I bring my
daughter to school, I know she gets less money
for her education than children in other parts
of the state.
The counsel to the NAACP, who I
worked with, and he was a lead counsel in the
Yonkers case for many years, advised me that
in his opinion there were only two or three
1410
places in the entire United States that were
suffering the effects of racism and persistent
perpetuation of poverty through government
policies as Yonkers.
This is a very different situation.
And I think that under these circumstances,
the problems addressed in other districts, in
the CFE decision, which we have to fight for
in the fight for fair funding for schools,
which I believe the Governor has not
addressed, should wait for another day. Or
should wait for later today.
But in this case, there is
something different that's been going on in
Yonkers. It is much worse, and it is of a
completely different quality. And I am going
to vote yes for this.
And I think -- I'm not representing
Yonkers yet, and we'll find out next week if
that's going to happen. But in any event, I
think this is a very different situation and
we should support the settlement.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
SENATOR DOLLINGER: Will Senator
1411
Schneiderman yield to a question, Mr.
President?
ACTING PRESIDENT KUHL: Senator
Schneiderman, do you yield to a question from
Senator Dollinger?
SENATOR SCHNEIDERMAN: Yes.
SENATOR DOLLINGER: When was the
principal lawsuit filed in the Yonkers case?
SENATOR SCHNEIDERMAN: There were
a series of lawsuits that began in the early
1980s. I'm not sure when each one began.
1980, more or less.
SENATOR DOLLINGER: So is it fair
to say, through you, Mr. President, that
people in Yonkers had to wait twenty years to
get justice and fairness in their school
system?
SENATOR SCHNEIDERMAN: I would
respectfully suggest that the people in
Yonkers have still not gotten justice and
fairness in their school system, and that the
effort we're making today is to try and help
that much delayed effort move along.
SENATOR DOLLINGER: So is it fair
to say, Senator Schneiderman, that you agree
1412
with me, then?
ACTING PRESIDENT KUHL: Senator
Dollinger, are you asking Senator Schneiderman
to yield to a question?
SENATOR DOLLINGER: Yes, Mr.
President, if he will.
ACTING PRESIDENT KUHL: Senator
Schneiderman, do you yield to another
question?
SENATOR SCHNEIDERMAN: Yes, Mr.
President, I will yield to the Senator.
ACTING PRESIDENT KUHL: He
yields.
SENATOR DOLLINGER: So isn't it
fair, Senator Schneiderman, to say that you
agree with me, that the point is not the
$70 million that we're putting to work that
should have been put to work twenty years ago
for the children in Yonkers, but that what we
really need to do is to face up to the problem
of funding urban education so that we not only
give Yonkers children an opportunity for the
future, which they've been denied for twenty
years, but quite frankly give it every other
child that suffers the scourge of urban
1413
poverty or racism or whatever you want to call
it that seems to infect our schools in urban
areas?
Isn't that what you're saying,
Senator Schneiderman? Don't you agree with me
that that's the goal of what we should be
doing?
SENATOR SCHNEIDERMAN: No,
actually, I don't.
I think that there are many issues
that we address in this Legislature that
should have been addressed a long time ago.
Frankly, I think we should have addressed the
inequities in the funding formula for schools
a long time ago.
But if a bill comes before us now
to address the inequities in school funding, I
would hope you would support it. I would
support it.
I think that we should have passed
a Sexual Orientation Nondiscrimination Act
years ago, but that's no reason not to vote
for it if it comes before us this year.
I think that the distinguished
Senator is mixing apples and oranges here. We
1414
have to fight for better funding for our
schools. I think it is unfair to conflate
these two issues. And to say that by trying
to help the people in Yonkers who have
suffered for a long time, due partly to state
action and inaction as well as the abuses of
their local government, that we shouldn't try
to help them move forward out of this issue
because we're not doing a lot of other things
where it should have been done long ago, would
essentially prevent us from doing most of the
good work that we attempt to do here.
So I respectfully do disagree. I
think this is a different issue. I look
forward to lengthy discussions, hopefully off
the floor, with the Senator about the issue of
resolving these problems of schools in other
parts of the state. But I don't think that
it's the same issue as in Yonkers, and I do
support this legislation.
SENATOR DOLLINGER: Through you,
Mr. President, just briefly on the bill.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: I want to
1415
make it clear, I'm not opposed to the students
in Yonkers getting the educational opportunity
that apparently has been denied to them for
the last twenty years and that I would
presume, Senator Schneiderman or Senator
Stafford, was denied to them for 10 or 15
years before that.
My point is simply this. From my
perspective -- and I've done this a number of
times in this chamber. I've voted against
bills and said "This isn't the solution we
want. This is only part of the solution."
And from my point of view, there are children
in the community that I represent who have
been denied that educational opportunity for
the better part of the last forty years. And
that problem remains unsolved.
And what disappoints me
tremendously -- although I commend the people
from Yonkers. They did sue get, they did get
into a court, they did get a sympathetic
judge. They got, as Senator Velella properly
points out, the ear of the Governor, got the
ear of public officials. They were able to
rally to solve their particular problem.
1416
And although I applaud that, I
would suggest that we have more to do in this
state. There are far too many children
throughout this state, many of whom their
families I represent, who are not going to get
that same opportunity. And at least from my
point of view, with my vote, I want to drive
home the point that this is a solution to a
problem in a specific community that may have
unique circumstances.
I would suggest there are unique
circumstances in school districts all over
this state that need to be attended to. And
although we may be solving part of Yonkers'
past problem, we've got a future problem
staring us in the face because it's the kids
today that are not going to get educational
opportunity.
And I would hope that it happens in
Yonkers. I would hope that it happens in
Rochester. But my hope isn't enough. It's
going to take money to be able to do it.
And I accept that as a challenge to
this chamber. I think the Yonkers example is
an example that should challenge us all. I
1417
make the point by saying our job isn't
finished, by voting no.
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.)
ACTING PRESIDENT KUHL: Senator
Oppenheimer, to explain her vote.
SENATOR OPPENHEIMER: I'd like to
explain my vote.
I agree with everyone, everyone
that's spoken. But I think I most agree with
Senator Schneiderman, because this is, in my
opinion also, apples and oranges.
This case that was brought twenty
years ago was not brought in Rochester, it was
brought in Yonkers. Yonkers has taken, the
school system has taken many steps to try and
improve their school functioning and make it
more not only equitable but also make it more
diverse within individual school districts by
going to busing, which has in part answered
1418
the objection of those who say that there was
bias in the way that the schools were being
operated.
There is no question that were
every school district that feels it has
deficient funding to bring this kind of a
suit, that it probably would meet with the
same positive results. And that's why we're
looking for the Campaign for Fiscal Equity
suit, which is now making its way through the
courts, and another suit which is being
brought upstate on the same issue, to offer us
some answers.
And so we have to look
optimistically, I think, to the future and to
what the response will be from the courts
eventually, and also with the understanding
that our state has to do a lot more in
financing education if we are to get the
various school systems that are not meeting
the needs of their students -- not through any
fault of their own, but because they simply
lack the funds.
If we want people and children to
meet higher standards, teachers meet higher
1419
standards, students meet higher standards, we
have to fund to get the students to those
higher standards. It doesn't just happen.
They need after-school classes, they need
Saturday classes, they need summer school.
This all costs money.
And when the state realizes that it
won't happen by magic but rather through
applying the funds necessary to bring the
level of education to where I think we all
want it to be in this state, it won't happen,
and we'll have to work through court suits.
I'm voting in favor.
ACTING PRESIDENT KUHL: Senator
Oppenheimer will be recorded in the
affirmative.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: To explain
my vote, Mr. President.
ACTING PRESIDENT KUHL: Senator
Schneiderman, to explain his vote.
SENATOR SCHNEIDERMAN: I don't
think there's anyone in this chamber who -
though we may occasionally question Senator
1420
Dollinger's wisdom, we don't question his
sincerity on these issues.
I do believe the situation in
Yonkers, as I stated, is very different, as
Senator Velella stated. And I am going to
undertake to get some of the opinions and
findings of facts of Judge Sand in that case
that I think demonstrate that this is a unique
situation.
I support everything Senator
Oppenheimer said. And we have more work to
do. But this is a very unique situation. And
I vote yes.
ACTING PRESIDENT KUHL: Senator
Schneiderman will be recorded in the
affirmative.
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I rise because I think that it is
bad public policy -
ACTING PRESIDENT KUHL: Are you
asking, Senator Duane, for the opportunity to
explain your vote?
SENATOR DUANE: Yes, please.
ACTING PRESIDENT KUHL: All
1421
right. You're afforded the opportunity to
explain your vote.
SENATOR DUANE: -- that it is
terrible public policy that after a
twenty-year battle, a settlement has been
reached with which the state is expected to
pay for without appropriate consultation.
Today, just a little while ago, was
the first time that this bill hit our desks.
That means that we really have not had the
chance to talk about what the state role is in
this settlement. And the precedent that this
sets for how it is that local school districts
are funded is really terrible.
And that's why I'm voting no on
this.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the negative.
Announce the results.
THE SECRETARY: Ayes, 58. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
1422
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time return to motions and
resolutions.
I believe I have a privileged
resolution at the desk. I would ask that it
be read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT KUHL: We will
return to the order of motions and
resolutions. There is a privileged resolution
by Senator Bruno at the desk.
The Secretary will read resolution
Number 4426 in its entirety.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 4426,
commemorating Good Joes Day, 2002.
"WHEREAS, Saint Joseph is
everyone's patron saint and not just the
patron saint of those who are fortunate to
bear his name; and
"WHEREAS, The New York State
Legislature is appreciative of the vital
contributions of those good members known as
"Joseph"; and
1423
"WHEREAS, The Society of Good Joes
is celebrating its 44th year in memory of the
late Joseph Addonizio, and its members have
banded together under a common name in the
spirit of camaraderie and good fellowship; and
"WHEREAS, Tradition holds that
Saint Joseph is the patron saint of the
working person, of all those who labor with
the dignity that only true humility imparts;
and
"WHEREAS, On Saint Joseph's Day in
March, the swallows return to Capistrano,
heralding the conclusion of a long, cold
winter and the advent of a new spring; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations and recognize
this great day, Tuesday, March 19, 2002, in
commemoration and deliberation of all Good
Joes in the State of New York, to be
celebrated on Tuesday, March 19, 2002, in
honor of all the Good Joes of this Empire
State."
ACTING PRESIDENT KUHL: Senator
Bruno.
1424
SENATOR BRUNO: Mr. President, on
the resolution.
ACTING PRESIDENT KUHL: On the
resolution.
SENATOR BRUNO: It just seems
that this may be a good time to interrupt the
proceedings here, where we're discussing such
serious and consequential things, to recognize
St. Joseph's Day as Good Joes Day.
And as you heard, it's been 44
years that the Society of Good Joes has been
formed and celebrated, with Assemblyman Joe
Lentol in the other house carrying the
resolution and I believe hosting a little
celebration for all of the Good Joes here in
this state.
And Joe Addonizio, as you heard,
who has since gone on to join St. Joseph -
but this was celebrated and he started it 44
years ago.
And, you know, you have to
recognize, since St. Joseph, that in our
culture, in our civilized society that we
could hardly exist without Joe. There's
sloppy joes, there's GI Joe, there's a cup of
1425
joe. And then there are greats, besides Joe
Lentol in the Assembly, unnamed here in this
chamber.
I'm not sure if any of you have
middle names "Joe"; you also qualify. And if
you don't, take a third name as Joe for just
this day.
And I think about, in my days, Joe
DiMaggio. I mean, and what does that bring
out in you? Joe Louis, one of the greatest.
Joe Montana. Joe Namath. Joe Garagiola. You
name it. Joe Torre. It doesn't get any
better for Joes than what is going on in this
day and age.
It is rumored that the President's
secret middle name is Joe, and I'm not sure
that's a fact -
SENATOR CONNOR: He spells it
with a W.
(Laughter.)
SENATOR BRUNO: And the Governor
is contemplating changing his name.
So I invite all of you to
celebrate, in good humor, the illumination,
the intelligence, the good nature, the
1426
camaraderie today of being a good Joe.
I even heard my esteemed colleague
Joe Dollinger -
(Laughter.)
SENATOR BRUNO: -- talk so
eloquently for this day on the merits and
demerits of things that are important in our
lives.
Though, Mr. President, this is a
welcome break in our very serious lives, but I
invite all of you to enjoy this day as Good
Joes.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella, do you wish to speak?
SENATOR VELELLA: Mr. President,
I just want to add one news flash that came
in. Amongst the great accomplishments of all
the Joes that we know and have heard about,
today the New York State Dry Cleaners
Association voted Senator Joseph Bruno the
best groomed person in the country, George
Bush finishing number three.
So another great accomplishment by
a Joe. Congratulations.
1427
SENATOR BRUNO: Thank you. Thank
you.
(Applause.)
ACTING PRESIDENT KUHL: Senator
Joe Dollinger.
SENATOR DOLLINGER: Senator Joe
Dollinger just wishes to commend Senator Joe
Bruno. The invocation, which I mentioned
earlier, that was given today by the chaplain
was given by a member of the Sisters of
St. Joseph on this feast of St. Joseph.
So I commended you, Senator Bruno,
for changing the rules of the Senate, the
regulations of the Senate to allow those nuns
who have taken vows to appear, because the
Sisters of St. Joseph had a huge influence on
me in my life.
And I told Sister Joan Sobala that
in all likelihood Senator Bruno is also
someone that has never been able to say no to
a nun. I was never able to do it; I'm not
that great a Joe. So maybe another Joe has
been able to do it.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
1428
Bruno.
SENATOR BRUNO: Mr. President,
Senator Dollinger really has contributed so
greatly to the events of this day. Thank you
very much for reminding me that I went through
St. Mary's Academy, where the sisters of
St. Joseph batted me around. I mean -
(Laughter.)
SENATOR BRUNO: -- helped me -
no, if you went to twelve years of a Catholic
school with those nuns, and you were as
troublesome as I was, every one of them are
sainted, whether they're on earth or in
heaven.
And one sister of St. Joseph in
particular, Sister Marsha, was my
seventh-grade teacher. And I have talked over
and over and over of Sister Marsha, who was
teaching her first class when I was in seventh
grade, who truly helped change my life.
So the Sisters of St. Joseph, thank
you, Senator. One of the most meaningful
things that Senator Dollinger has done since
I've known him here in the Senate.
Thank you, Mr. President.
1429
(Laughter.)
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
Senator Oppenheimer.
SENATOR OPPENHEIMER: Well, on
behalf of my very new son-in-law, who is named
Joseph, I thank you for this day. Also, he
got batted around in the parochial schools
too.
ACTING PRESIDENT KUHL: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Bruno.
SENATOR BRUNO: Madam
President -- Mr. President -
(Laughter.)
SENATOR BRUNO: I think it's the
hair.
(Laughter.)
1430
SENATOR BRUNO: I believe that
there are two privileged resolutions at the
desk by Senator Bonacic. I would ask that the
titles be read and move for their immediate
adoption.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: By Senator
Bonacic, Legislative Resolution Number 4499,
commending Peter C. Goodman upon the occasion
of his designation as recipient of the
Distinguished Service Medal by the Hudson
Valley Council, Boy Scouts of America, on
March 23, 2002.
And by Senator Bonacic, Legislative
Resolution Number 4500, commending Barry J.
Sullivan upon the occasion of his designation
as recipient of the Silver Beaver Award by the
Hudson Valley Council, Boy Scouts of America,
on March 23, 2002.
ACTING PRESIDENT KUHL: The
question is on the resolutions. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
1431
nay.
(No response.)
ACTING PRESIDENT KUHL: The
resolutions are adopted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, could we take up Calendar 364.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
364, Senate Budget Bill, Senate Print 6540, an
act to amend the General Municipal Law, in
relation to designation of additional Empire
Zones.
ACTING PRESIDENT KUHL: Senator
Marcellino.
SENATOR MARCELLINO: Is there a
message of necessity at the desk, sir?
ACTING PRESIDENT KUHL: There is.
SENATOR MARCELLINO: Move to
accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 364. All those in favor
signify by saying aye.
1432
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
THE SECRETARY: Section 2. This
act shall take effect.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Stafford, an explanation of Calendar Number
364 has been requested by Senator Dollinger.
SENATOR STAFFORD: Mr. President,
we all are aware -- I also want to say, before
I start here, it's interesting that what we
just took part in and witnessed here really
wasn't that much different than what we were
doing here earlier this morning. It sort of
adds right on to what . . .
But we all know Empire Zones are
very, very important. They've done so much
1433
good in so many areas, areas we represent,
giving businesses an opportunity to locate, to
expand.
Before 1994, before 1995, Mr.
President, we lost over 500,000 jobs in the
two or three years before 1995. We since then
have increased the jobs here in our state by
approaching a million, if not more. And we
all realize how important that is as far as
our economy and as far as our good people.
This bill would allow for the
designation of an additional four more Empire
Zones, bringing the total number of Empire
Zones in the state to 66. These new zones
would be located in Franklin County, city of
Mount Vernon, the village of Lawrence in
Otsego County, and in Schuyler County.
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 immediately.
ACTING PRESIDENT KUHL: Call the
1434
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives.
THE SECRETARY: Those recorded in
the negative on Calendar Number 364 are
Senators Duane and Schneiderman. Ayes, 58.
Nays, 2.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Schneiderman, why do you
rise?
SENATOR SCHNEIDERMAN: Two
reasons, Mr. President.
First, to explain my vote on that
bill. I do not think that the Empire Zone
program is headed in the right direction, and
I'm very concerned about recent amendments to
it, recent changes. And I think it's starting
to look more and more look like a mechanism
for political payoffs than it is a genuine
economic development program.
I realize there are some parts of
the state that have benefited from it, but in
far too many cases I see now that it is not
1435
based on economic necessity. So I am voting
no.
ACTING PRESIDENT KUHL: Senator
Schneiderman is recorded in the negative on
Calendar Number 364. The bill is passed.
Now, Senator Schneiderman, why do
you rise?
SENATOR SCHNEIDERMAN: And I
would request, Mr. President, unanimous
consent to be recorded in the negative on
Calendars 361 and 362.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Schneiderman will be recorded in the negative
on Calendar Number 361 and 362.
SENATOR SCHNEIDERMAN: Thank you.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, why do you rise?
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
My concern, obviously -- and I'd
like this to go on the record -- the city of
Mount Vernon is in the southern portion of
Westchester County. And when most people
think of Westchester, they don't think of
1436
it -
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson, excuse the interruption, but
why are you rising?
SENATOR HASSELL-THOMPSON: To
explain my vote.
ACTING PRESIDENT KUHL: On
Calendar Number 364?
SENATOR HASSELL-THOMPSON: Yes.
ACTING PRESIDENT KUHL: Okay.
Fine.
SENATOR HASSELL-THOMPSON: Thank
you.
Most people think of Westchester
County as being a very affluent community, and
for the most part it is. It has some of the
most beautiful castles in it, some of the most
scenic views anywhere in the state of New
York.
However, there are portions of
Westchester County where there are very
serious pockets of poverty and joblessness.
And the city of Mount Vernon, in the
southernmost portion of that county, is a city
of 70,000 people in 4.2 square miles. And it
1437
has been the efforts on the part of that city
to become designated as an enterprise zone for
several years.
When I sat on the City Council in
1993, when I first went to the council in '94,
we were in the process of putting in an
application. And I worked on that application
process then and then again in 1997. At
neither time were we ever this close to being
designated as a city.
And there may be some concern about
favoritism and some other reasons why cities
are selected. But for those of you who have
never been to the city of Mount Vernon, I
invite you to come and I invite you to look at
some of the devastation that has been caused
by many of the factories that have closed in
the city of Mount Vernon because of the
businesses that have moved south.
And in our efforts to restore our
community, we have done many kind of zone
changes and the kinds of things that cities
must do in order to recover. We are on the
brink of doing several redevelopment projects.
But without the ability to attract businesses
1438
and to give them the tax deferments necessary,
these kinds of projects cannot go forward.
And it determines whether a city
like Mount Vernon, who is struggling to keep
its head above water, goes the way of Yonkers
in terms of its education budget. And it has
done everything that it can to keep itself
fiscally viable.
So even though Mount Vernon is not
written into the language, it is my
understanding that Mount Vernon is one of
those cities who is under designation. And so
I appreciate the vote of my colleagues for
this, and I hope that Mount Vernon continues
in its final round to be in the designation
for the next enterprise zone in the county of
Westchester.
Thank you.
ACTING PRESIDENT KUHL: Senator
Hassell-Thompson is recorded in the
affirmative on Calendar Number 364.
And again, that bill has passed.
Senator Marcellino, why do you
rise?
SENATOR MARCELLINO: I yield to
1439
Senator Dollinger.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I'd like unanimous consent to be
recorded in the negative on Calendar Number
362 and 361, which are the deficiency budget
bill, the appropriation bill, and the language
bill, Mr. President.
Thank you.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator
Dollinger will be recorded in the negative on
Calendar Number 361 and Calendar Number 362.
Senator Duane, why do you rise?
SENATOR DUANE: Thank you, Mr.
President. I'd like unanimous consent to be
recorded in the negative on S6536.
ACTING PRESIDENT KUHL: Without
objection, hearing no objection, Senator Duane
will be recorded in the negative on Calendar
Number 362. That's Senate 6536.
Senator Marcellino.
SENATOR MARCELLINO: May we
please return to the reports of standing
1440
committees, Mr. President.
ACTING PRESIDENT KUHL: We'll
return to the reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator
Fuschillo, from the Committee on Consumer
Protection, reports:
Senate Print 1452, by Senator Rath,
an act to amend the General Business Law;
1969B, by Senator Marcellino, an
act to amend the General Business Law;
And Senate Print 3663, by Senator
Velella, an act to amend the General Business
Law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 1966, by Senator
Larkin, an act to amend the General Municipal
Law;
2082A, by Senator LaValle, an act
authorizing;
2086, by Senator LaValle, an act to
amend the General Municipal Law;
2123, by Senator Larkin, an act to
amend the General Municipal Law;
1441
2286, by Senator Bonacic, an act to
amend the Real Property Tax Law;
2396, by Senator Rath, an act to
amend the General Municipal Law;
2491, by Senator Kuhl, an act to
amend the General Municipal Law;
2950, with amendments, by Senator
Wright, an act to amend the County Law;
2976, by Senator Saland, an act to
authorize;
3164, by Senator Leibell, an act to
amend the General Municipal Law;
4248, by Senator Rath, an act to
amend the Real Property Tax Law;
5067A, by Senator Saland, an act to
amend the General Municipal Law;
5243, by Senator Maziarz, an act to
amend the General Municipal Law;
5309B, by Senator Alesi, an act to
authorize;
5696A, by Senator Bonacic, an act
to amend Chapter 383 of the Laws of 1999;
6045, by Senator Rath, an act to
amend the County Law and others;
6125, by Senator DeFrancisco, an
1442
act to authorize;
6405, by Senator Trunzo, an act to
amend the Village Law;
And Senate Print 6423, by Senator
Rath, an act to amend the General Municipal
Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 844B, by Senator
Maziarz, an act to amend the Vehicle and
Traffic Law;
4268A, by Senator Kuhl, an act
authorizing;
4436A, by Senator Marcellino, an
act to amend the Vehicle and Traffic Law;
5025, by Senator Trunzo, an act to
amend the Public Authorities Law;
5697, by Senator Libous, an act to
amend the Highway Law;
5837, by Senator Rath, an act to
amend the Vehicle and Traffic Law;
And Senate Print 6372, by Senator
LaValle, an act to amend the Highway Law.
Senator Marchi, from the Committee
on Corporations, Authorities and Commissions,
1443
reports:
Senate Print 4322A, by Senator
Marchi, an act to amend the Public Authorities
Law;
6133, by Senator Skelos, an act to
amend the Public Authorities Law;
And Senate Print 6168, by Senator
Balboni, an act to amend Chapter 672 of the
Laws of 1993.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills are ordered directly to
third reading.
Senator Marcellino.
SENATOR MARCELLINO: Is there any
housekeeping at the desk, Mr. President?
ACTING PRESIDENT KUHL: There is.
We have two substitutions and a motion.
So we'll return to the order of
motions and resolutions.
The Secretary will read the
substitutions.
THE SECRETARY: On page 21,
Senator Morahan moves to discharge, from the
1444
Committee on Veterans and Military Affairs,
Assembly Bill Number 7733B and substitute it
for the identical Senate Bill Number 4023B,
Third Reading Calendar 335.
And on page 22, Senator Morahan
moves to discharge, from the Committee on
Veterans and Military Affairs, Assembly Bill
Number 5007A and substitute it for the
identical Senate Print Number 4736A, Third
Reading Calendar 336.
ACTING PRESIDENT KUHL: The
substitutions are ordered.
Senator Espada.
SENATOR ESPADA: Thank you, Mr.
President.
On behalf of Senator Maltese, I
move that Senate Bill 1886 be discharged from
its respective committee and be recommitted
with instructions to strike the enacting
clause, please.
ACTING PRESIDENT KUHL: The
directions are that the enacting clause will
be stricken and the bill will be recommitted.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
1445
President, we're going to have to wait. We
expect a report of the Labor Committee to come
back, so we'd like to hold for a few minutes
on that.
But I just would like to remind the
members that tomorrow is West Point Day, and
we would appreciate it if all members could be
here on time, in their seats, so that we could
pay due respect to the young officers who are
going off t a career of defending our country
in all kinds of very dangerous places.
So, Mr. President, if we could just
wait for the report of the Labor Committee.
ACTING PRESIDENT KUHL: The
Senate will stand at ease momentarily.
(Whereupon, the Senate stood at
ease at 1:05 p.m.)
(Whereupon, the Senate reconvened
at 1:07 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I believe you have two additional
committee reports to be read at the desk.
1446
ACTING PRESIDENT KUHL: They are
at the desk.
We'll return to reports of standing
committees. The Secretary will read.
THE SECRETARY: Senator Velella,
from the Committee on Labor, reports:
Senate Print 4161, by Senator
Spano, an act to amend the Labor Law;
4657, by Senator Alesi, an act to
repeal;
5346, by Senator Spano, an act to
amend the Labor Law;
And Senate Print 6352, with
amendments, by Senator Velella, an act to
amend the Labor Law.
Senator Maziarz, from the Committee
on Aging, reports:
Senate Print 105, by Senator
Marcellino, an act in relation to granting;
461A, by Senator Alesi, an act to
amend the Real Property Tax Law;
1376, by Senator Morahan, an act to
amend the Real Property Tax Law;
1550, by Senator Trunzo, an act to
amend the Real Property Tax Law;
1447
1682, by Senator Trunzo, an act to
amend the Real Property Tax Law;
And Senate Print 3166, by Senator
Leibell, an act to amend the Real Property Tax
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Without
objection, all bills are ordered directly to
third reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, there being no further business, I
move we adjourn until Wednesday, March 20th,
at 11:00 a.m. promptly.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
tomorrow, Wednesday, March 20th, at 11:00 a.m.
sharp.
(Whereupon, at 1:09 p.m., the
Senate adjourned.)