Regular Session - April 17, 2002
2224
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 17, 2002
11:06 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we each bow our head in a moment
of silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 16, the Senate met pursuant to
adjournment. The Journal of Monday, April 15,
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
2226
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Maltese,
from the Committee on Elections, reports:
Senate Print 350, by Senator
Morahan, an act to amend the Election Law;
2009, by Senator Kuhl, an act to
amend the Election Law;
2681, by Senator Maltese, an act to
amend the Election Law;
4214, by Senator Morahan, an act to
amend the Election Law;
And 5683, by Senator Maltese, an
act to amend the Election Law.
Senator LaValle, from the Committee
on Higher Education, reports:
Senate Print 3017, by Senator
LaValle, an act to amend the Education Law;
4648A, by Senator LaValle, an act
to amend the Education Law;
6191A, by Senator McGee, an act to
amend the Education Law;
And Senate Print 6217, by Senator
LaValle, an act to amend the Education Law.
2227
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Without
objection, all bills direct to Third Reading
Calendar.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
This is on behalf of Senator
Balboni, Madam President. I move that the
following bill be discharged from its
respective committee and be recommitted with
instructions to strike the enacting clause:
That's Senate Print 6170.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR FARLEY: Thank you.
ACTING PRESIDENT McGEE: Senator
Skelos.
SENATOR SKELOS: Madam President,
there's a privileged resolution at the desk.
2228
May we have the title read and move for its
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By the Senate
Committee on Rules, Senate Resolution Number
4984, amending Section 1 of Rule VII of the
Senate rules, in relation to changing the name
of the standing committee on Investigations,
Taxation and Government Operations to
Investigation and Government Operations.
ACTING PRESIDENT McGEE: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there substitutions to be made at the
desk?
ACTING PRESIDENT McGEE: Yes,
2229
there are.
SENATOR SKELOS: If we could do
them at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 31,
Senator Marcellino moves to discharge, from
the Committee on Consumer Protection, Assembly
Bill Number 1990 and substitute it for the
identical Senate Bill Number 491, Third
Reading Calendar 549.
On page 31, Senator Morahan moves
to discharge, from the Committee on Consumer
Protection, Assembly Bill Number 366A and
substitute it for the identical Senate Bill
Number 3141A, Third Reading Calendar 551.
On page 32, Senator Leibell moves
to discharge, from the Committee on Local
Government, Assembly Bill Number 1530 and
substitute it for the identical Senate Bill
Number 3157, Third Reading Calendar 558.
On page 33, Senator Rath moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 7120 and
substitute it for the identical Senate Bill
2230
Number 5372, Third Reading Calendar 567.
On page 33, Senator Maziarz moves
to discharge, from the Committee on Local
Government, Assembly Bill Number 8823B and
substitute it for the identical Senate Bill
Number 5540A, Third Reading Calendar 568.
On page 34, Senator Meier moves to
discharge, from the Committee on Local
Government, Assembly Bill Number 10071A and
substitute it for the identical Senate Bill
Number 6396A, Third Reading Calendar 577.
On page 35, Senator Trunzo moves to
discharge, from the Committee on
Transportation, Assembly Bill Number 8846 and
substitute it for the identical Senate Bill
Number 4602, Third Reading Calendar 594.
On page 35, Senator Spano moves to
discharge, from the Committee on Labor,
Assembly Bill Number 2544 and substitute it
for the identical Senate Bill Number 4298,
Third Reading Calendar 596.
On page 39, Senator Alesi moves to
discharge, from the Committee on Commerce,
Economic Development and Small Business,
Assembly Bill Number 8735 and substitute it
2231
for the identical Senate Bill Number 6017,
Third Reading Calendar 627.
On page 39, Senator Alesi moves to
discharge, from the Committee on Commerce,
Economic Development and Small Business,
Assembly Bill Number 8734 and substitute it
for the identical Senate Bill Number 6018,
Third Reading Calendar 628.
On page 39, Senator Saland moves to
discharge, from the Committee on Children and
Families, Assembly Bill Number 9023 and
substitute it for the identical Senate Bill
Number 5484, Third Reading Calendar 637.
On page 40, Senator Spano moves to
discharge, from the Committee on Children and
Families, Assembly Bill Number 9628 and
substitute it for the identical Senate Bill
Number 6483, Third Reading Calendar 638.
On page 40, Senator Kuhl moves to
discharge, from the Committee on Education,
Assembly Bill Number 1682 and substitute it
for the identical Senate Bill Number 6354,
Third Reading Calendar 639.
And on page 40, Senator Kuhl moves
to discharge, from the Committee on Education,
2232
Assembly Bill Number 10577 and substitute it
for the identical Senate Bill Number 6851,
Third Reading Calendar 641.
ACTING PRESIDENT McGEE: The
substitutions are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial
calendar, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
397, by Senator Rath, Senate Print 6045, an
act to amend the County Law and others, in
relation to the dollar amounts established.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 23. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
2233
THE SECRETARY: Calendar Number
425, by Senator Volker, Senate Print 3794A, an
act to amend the Banking Law, the Civil
Practice Law and Rules, and the Criminal
Procedure Law, in relation to civil forfeiture
proceedings.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
468, by Senator McGee, Senate Print 6341, an
act to amend the General City Law and others,
in relation to requiring.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 9. This
act shall take effect on the first day of
July.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT McGEE: The bill
is passed.
2234
THE SECRETARY: Calendar Number
501, by Senator Libous, Senate Print 3667, an
act to amend the Mental Hygiene Law, in
relation to providing.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2002.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
505, by Senator DeFrancisco, Senate Print
6449, an act to amend Chapter 414 of the Laws
of 1887.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
2235
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
517, by Senator Marcellino, Senate Print 6576,
an act to amend the Environmental Conservation
Law, in relation to environmental protection
funding for coastal purposes.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
524, by Senator Volker, Senate Print 3680, an
act to amend the Executive Law, in relation to
electronic equivalents.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
2236
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
526, by Senator LaValle, Senate Print 5848, an
act to amend the Executive Law, in relation to
the thermal imaging camera grant program.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
529, by Member of the Assembly Gunther,
Assembly Print Number 10092A, an act enacting
the Greenwood Lake Protection Act.
2237
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect upon enactment into law
by the State of New Jersey of legislation.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
638, substituted earlier today by Member of
the Assembly Brodsky, Assembly Print Number
9628, an act to amend Chapter 555 of the Laws
of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
SENATOR PATERSON: Lay it aside,
please.
2238
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
641, substituted earlier today by Member of
the Assembly Weisenberg, Assembly Print Number
10577 -
SENATOR DOLLINGER: Lay that bill
aside, please.
ACTING PRESIDENT McGEE: The bill
is laid aside.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar
at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
425, by Senator Volker, Senate Print 3794A, an
act to amend the Banking Law and others, in
relation to good behavior allowances.
ACTING PRESIDENT McGEE: Read the
last section.
Senator Volker.
SENATOR VOLKER: No, no, let me
2239
explain the bill.
This bill has been with us for
several years also. It is the Sentencing
Reform Act of, now, 2002. I believe it was
initially sent to us by the Governor in 1999.
Essentially the provisions of this
bill -- well, they're identical to last year.
In fact, the amendment is that it's changed
from the Sentencing Crime Act of 2001 to the
Sentencing Crime Act of 2002. As far as I
know, there's no other changes except maybe
some renumbering or whatever, because this is
really a comprehensive sentencing reform act
that was proposed and was drafted primarily by
Jim McGuire, who is the counsel to the
Governor.
It includes in here provisions
relating to the so-called Rockefeller Drug
Laws, which really is the heart of what's left
of the Rockefeller Drug Laws, which is the
very highest penalties.
It allows for changes in sentencing
so that the person in prison could have his
sentence reviewed, who is in for generally 15
to 25 to life or whatever, and could get the
2240
sentence reduced to as low as 10 years. Which
in some cases might mean some people would get
out.
It sets up increased drug treatment
diversion programs, primarily in prison. It
provides for enormous changes in money
laundering which would allow prosecutors to
make -- to do civil forfeiture proceedings
against people, for instance, who leave the
country, disappear, and even though there's a
lot of money out there that could potentially
be grabbed, right now under the law in many
cases we can't do it.
It also -- this is also the bill
that provides for 6/7ths. It's called
no-parole sentencing for all nonviolent
felons. In truth, it's about 6/7ths. The way
it works out, an offender must serve at least
6/7ths of his or her fixed term of
imprisonment and then is subject to parole.
Under circumstances, might have to serve the
entire sentence and then afterwards would be
subject to an additional term of post-parole
supervision ranging from one and a half to
five years.
2241
It does create also a "drug kingpin
provision" which increases the penalties for
those who sell large amounts of drugs or in
some cases large possessors, very large
possessors.
And finally, there are two other
provisions in this bill. It provides enhanced
felony penalties for drug sellers who use
persons under the age of 18; and also the old
favorite by the Governor's people that is
thrown in a lot of bills, the right of the
prosecutor to appeal lenient sentences, unduly
lenient sentences, and unduly lenient bail
decisions.
And that is effectively the bill.
ACTING PRESIDENT McGEE: Thank
you, Senator Volker.
Read the last section.
THE SECRETARY: Section 107.
This act shall take effect January 1, 2003.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 425 are
2242
Senators Andrews, Duane, Hassell-Thompson,
L. Krueger, Paterson, Sampson, M. Smith, and
Stavisky. Ayes, 40. Nays, 8.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
638, substituted earlier today by Member of
the Assembly Brodsky, Assembly Print Number
9628, an act to amend Chapter 555 of the Laws
of 2000.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2 -
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Spano, an explanation has been requested.
SENATOR SPANO: Yes, Madam
President.
We passed a bill last year that
would give the Office of Children and Family
Services the authority to review and expunge
records if there were unfounded reports, using
the standard of clear and convincing evidence,
against the parent.
2243
This bill sets a sunset on May 1st,
and this would extend -- this would make the
bill -- make this law permanent.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Hevesi recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
641, substituted earlier today by Member of
the Assembly Weisenberg, Assembly Print Number
10577, an act to amend the Education Law and a
chapter of the Laws of 2002 amending the
Education Law.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: We're
waiting for just a moment.
Senator Smith.
SENATOR ADA SMITH: Thank you,
2244
Madam President. I request unanimous consent
to be recorded in the negative on Calendar
Number 425, Bill Number S3794A.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR ADA SMITH: Thank you.
ACTING PRESIDENT McGEE: Senator
Stavisky.
SENATOR STAVISKY: Madam
President, I request unanimous consent to be
recorded in the negative on Calendar 638,
Senate 6483.
ACTING PRESIDENT McGEE: Without
objection.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I would like to be
recorded in the negative on Calendar Number
638, Senate 6483.
ACTING PRESIDENT McGEE: Without
objection.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Yes, thank
you very much, Madam President. I would seek
unanimous consent to be recorded in the
2245
negative on Calendar Number 425, Senate 3794A.
ACTING PRESIDENT McGEE: Without
objection.
Senator Smith again.
SENATOR ADA SMITH: Madam
President, I apologize. I forgot to request
unanimous consent to be recorded in the
negative on Calendar Number 638.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR ADA SMITH: Thank you.
ACTING PRESIDENT McGEE: Senator
Kuhl, an explanation has been requested on
Calendar Number 641.
Can we have order in the chamber,
please.
SENATOR KUHL: Yes, thank you,
Madam President.
This is a chapter amendment to a
bill that was passed about two weeks ago in
this house. The bill previously would have
required -- that was passed, it was passed in
both houses, and is waiting being sent to the
Governor for signature on the passage of this
chapter amendment. But that bill would have
2246
required automatic electronic defibrillators
to be in school districts effective
immediately when a school district had a
building with a capacity of more than a
thousand people.
This chapter amendment goes to
define that bill even further, and it does a
couple of things.
Number one, it delays the
implementation date from immediately to
September 1, 2002, the thought being that if
we impose a mandate with as little cost
significance as this has to each school
district immediately and that bill were to be
signed, say, in the next week or two, we would
be doing so without the school districts
having the ability to build into their budget
the purchase of a couple of defibrillators.
So the delay was put off until
September when in fact the school districts,
as you know, right now are in fact adopting
budgets or will be very shortly, within the
next month.
Also, it went to -- because there
was some question as to the definition of who
2247
this applied to, we were more definitive in
that definition and made it applicable
essentially to every school district with a
building, and also applied to certain
circumstances where there might be a need for
this type of a device at extraordinary -- or I
should say extra-activities like soccer games,
baseball games, things of that nature.
So that's the essence of what this
chapter amendment is all about, Senator.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield for a
question, a couple of questions, please.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you yield for some questions?
SENATOR KUHL: I'll be happy to.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Could you
tell me what the definition of instructional
school facility is in this bill? Is that
phrase used anyplace else in the Education
Law?
2248
SENATOR KUHL: Yes, it is. It's
in the -- I believe in the basic Education
Law. And it's where we -- it means wherever
we have classrooms, Senator.
SENATOR DOLLINGER: So if there
were a modular classroom, a portable classroom
that was next to a primary school, this would
require the on-site presence of an AED in the
portable classroom portion of that building;
isn't that correct?
SENATOR KUHL: I believe that's
correct, Senator.
SENATOR DOLLINGER: And if there
were several different portable classrooms on
the same side, it would require a separate AED
in each one of the portable classrooms,
because they're all separate facilities; isn't
that correct, Senator?
SENATOR KUHL: Well, not
necessarily, Senator. If they're all on the
same piece of property and contingent to each
other, then there's only one necessary, needed
for that piece of property.
In other words, we're not going to
have every little classroom subdivided into
2249
sections, Senator, and require a school
district to, if they are under a temporary
circumstance with a lot of mobile classrooms,
to have, say, 45 of them when they're all in
walking distance of each other.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Kuhl will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: With all due
respect, Senator Kuhl, where in the bill does
it say that? This bill says in each
instructional school facility. It doesn't
talk about any limitation of portable
classrooms on the site, it doesn't talk
about -- as you described, and I think you
properly would like it interpreted that way.
But where in the bill does it say that?
SENATOR KUHL: Well, I think it's
in the language itself, Senator. Each
classroom is not a facility. And also it
2250
talks about -- prefaced to that language
that's added, there's the language "on-site."
So by the pure nature of all of
those words when put together, not singling
them out individually, Senator, I think the
definition is clear. And that is where you
have on-site extracurricular, or I should say
scholastic facilities, then in fact there will
be the requirement that there is an AED
available.
SENATOR DOLLINGER: Okay.
Through you, Madam President, if Senator Kuhl
will continue to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: I'll be happy to,
yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: What is the
cost of an automatic -- this defibrillator
equipment? What is the cost per machine of
each one of these machines?
SENATOR KUHL: I think it varies,
Senator, from place to place and from state to
2251
state. We have heard the maximum cost being
somewhere in the vicinity of $3,000 if you
were to go out as an individual and purchase
one of these devices.
We've also heard that the State of
Pennsylvania, when they in fact went and
bought every one of their schools an AED, and
they did this on a state bid, that the prices
were somewhere around $1,400.
Every indication we have from the
industry is because of the demand for these
types of devices that in fact the price will
be coming down to somewhere in the
neighborhood of a thousand dollars.
And there are different types of
the AEDs. There are some that are applicable
primarily to younger students, younger people,
there are some that would be more applicable
to you and I. So that renders a different
cost, if you will, to each one of those
devices.
But it's within that range,
somewhere from $1,000 to $3,000.
SENATOR DOLLINGER: Okay. If
Senator Kuhl will continue to yield, Madam
2252
President.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: In fact,
Senator Kuhl, the one thing we're clearly not
doing in this bill is buying these machines
ourselves; isn't that correct?
SENATOR KUHL: Well, I -
SENATOR DOLLINGER: You mentioned
earlier about the State of Pennsylvania used
its buying power and went out and bought all
these machines for their school districts at a
cost of $1,400.
The one thing this bill does not
provide is state money to pay for the
defibrillators; isn't that correct?
SENATOR KUHL: This bill does not
provide any appropriation for purchase, that's
correct, Senator.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Kuhl will continue
to yield.
2253
ACTING PRESIDENT McGEE: Senator
Kuhl, do you continue to yield?
SENATOR KUHL: I'd be happy to.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Is it the
intention in this bill, or any of its
sponsors, that the State of New York buy these
defibrillators for our 729 school districts
and the probably 4,000 or 5,000 buildings that
this would apply to?
SENATOR KUHL: It's not the
intention of this bill to provide an
appropriation for that purpose, Senator.
There are a number of other types of methods
of obtaining funding for the purchase.
What you also need to understand,
Senator, is that not every school district has
or will be required to have this mandate
thrust upon them before actually complying.
There are many school districts in
my Senate district that have already purchased
AEDs because they recognize the potential
lifesaving capabilities of these devices and
so are not in need of this type of direction
2254
coming from the state to actually provide for
the safe environment for the students that
attend schools there. And so they have,
within their budgets, already appropriated
money for those purchases.
There are some other opportunities
in other kinds of programs, through private
foundations, that are providing for funding
for this type of purchase.
And I know that many of my
colleagues on this side of the aisle -- I
can't speak for those on your side of the
aisle -- have already participated in making
funds available for school districts to make
this kind of purchase over and above their
budget allocation.
But there is nothing in this bill,
Senator, which would appropriate some money.
Now, as you know, we don't have an
agreement on this upcoming budget. Many of us
anticipate that in fact there will be
additional appropriations available to school
districts as part of our ability to maintain
the low profile on levying taxes on real
property owners. And so I anticipate that
2255
there may be some funding available for this
exact purpose in this next year's budget.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Okay. Madam
President, if the Senator will continue to
yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Is the
purchase of an AED currently a reimbursable
expense from the State of New York through the
Department of Education in our formulas?
SENATOR KUHL: No.
SENATOR DOLLINGER: So if there
is no -- again, through you, Madam President,
if Senator Kuhl will continue to yield.
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: So if there's
no appropriation in the state budget and these
2256
are not reimbursable or aidable expenses for
the school districts, this cost would have to
be borne by the school districts standing
alone; isn't that a fair statement?
SENATOR KUHL: Well, Senator, one
of the reasons this bill is before the house,
this chapter amendment, is to provide for
every opportunity for financing the purchase
of these devices to be exhausted, up until
September 1st of the year 2002, which is
roughly five months away.
And in the interim, we are going to
have hopefully two budgets adopted, one at the
state level, which will provide significant
funding -- and I think the tune is something
like $15 billion that will be finally
appropriated to school districts to help them
out. And what we're talking about, Senator,
here is roughly a couple-of-million-dollar
purchase, if every school district hasn't
already purchased that.
So you're talking about, if you
will, peanuts when it comes to dollar and cost
appropriations in this particular example, in
this particular requirement.
2257
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Senator, the
bill uses the language that the Commissioner
of Education would consult with the
Commissioner of Health to determine the
quantities of AEDs that would be available in
each school facility.
Does this bill envision that they
would have to purchase more than one,
depending on the size of the facility? If
there were 2,000 or 3,000 students in a major
high school, that the Commissioner of Health
could conclude that they actually need more
than one because the building is so big it's
too far away and therefore it would require
them to purchase multiple machines for a
single facility?
SENATOR KUHL: Well, Senator, let
2258
me help you out with your reading of the bill,
because it's very obvious that you excluded -
and I don't know whether it's intentional or
not intentional, but you also excluded the
words "and types."
SENATOR DOLLINGER: I was going
to ask about that.
SENATOR KUHL: Well, okay. Well,
that also is part of the overall language.
And you have to understand, as I tried to
indicate to you before, that where you have
young students and you have older students,
there may be the necessity to have different
types of AEDs that are applicable in that
case.
So when you read the language -
not singularly word by word, Senator, but when
you piece it all together, what you should
understand is that there may be occasion when,
in a school district, that a school may need
go different types of AEDs to accommodate all
the students who are there.
So don't try to piecemeal this. I
think you do yourself a disservice, Senator,
if you try to piecemeal this and not
2259
understand what is intended by this bill.
SENATOR DOLLINGER: Through you,
Madam President, I still want to go back to
the quantities. I understand the issue of
types -
ACTING PRESIDENT McGEE: Excuse
me, Senator Dollinger. Do you wish Senator
Kuhl to continue to yield?
SENATOR DOLLINGER: I would. I
was going to do that after I said something,
but I'll ask him to yield now.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: Isn't it a
fact, Senator Kuhl, that there are different
types of AEDs for children, for example, under
the age of 8 years old? So a school that had
a population -- let's say a smaller school
district in your neck of the woods that had a
single-building school district, all the way
from high school down to kindergarten, that
they would need one for smaller children and
2260
then one for adults? Isn't that a fair
conclusion?
SENATOR KUHL: That's entirely
possible.
And that's the reason for the
language, Senator, that the Commissioner of
Health should get together with the
Commissioner of Education and make that
determination, so that they're not exposing
any segment of the student population to some
jeopardy when they thought they had all the
potential risks covered.
SENATOR DOLLINGER: Correct.
Through you, Madam President, if
Senator Kuhl will continue to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Isn't it also
likely, Senator Kuhl, that depending on the
size of the building -- for example, a big
high school -- that they may need several
adult defibrillators in the building in order
2261
to be able to meet the requirements of the
Commissioner of Health under this statutory
language?
SENATOR KUHL: Senator, it is
possible that in any type of kind of a school
facility that they will need two or three.
Because, as you know, one of the
parts of the school curriculum is to have
extracurricular athletics. And in the
particular case, you may have a school
district that has two or three teams playing
at different times in different locations.
They may be either on the premises or they may
be located at some athletic field a couple of
miles away.
Those particular circumstances
would require an AED device to be at those
locations when there is that interscholastic
competition.
So to cover the risk, we have not
tried to define the risk in its totality in
this bill. And that's what you have to
understand, is that we don't want this house
or any other house to ever have to answer the
question why wasn't there an AED available for
2262
my son or my daughter when they suffered this
particular tragic incident.
We want that determination to be
made on an individual basis by people who are
knowing -- that being the Commissioner of the
Health and the Commissioner of Education -- so
that every school district has the maximum
coverage.
Now, do we anticipate that that is
going to lead to the purchase of extra
thousands upon thousands of AEDs? The answer
is no. But each circumstance, in my
particular opinion, should be surveyed to the
fullest to make sure that this maximum risk
exposure is diminished to practically zero, if
not zero.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if the sponsor will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
2263
Senator continues to yield.
SENATOR DOLLINGER: Senator Kuhl,
as I read this bill, whenever a
school-sponsored extracurricular event occurs,
there must be a trained technician who knows
how to work an AED on the site. Is that
correct?
SENATOR KUHL: That is correct.
SENATOR DOLLINGER: And would
that apply in situations where senior citizens
are using a school building for adult
education?
SENATOR KUHL: Adult education?
SENATOR DOLLINGER: If it's
approved by the school district. It is, in
the words of the language, it's a
school-sponsored -- it's an extracurricular
event. It's been approved by the school
district.
Almost every school district that I
represent says that you can't have adult
education in the public high school unless
it's approved by the Board of Education.
Therefore, that would make it a
school-approved extracurricular event.
2264
SENATOR KUHL: Right. And in
that particular case, if it was a
school-sanctioned extracurricular event, then
there would have to be somebody who was
trained in the device there.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, if Senator Kuhl will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR DOLLINGER: If they
opened one room in the high school and there
were six seniors who came to that adult
education, would the school district have to
pay the cost of having a technician trained in
the AED available on-site under this bill,
even if there are only a half a dozen seniors?
SENATOR KUHL: Senator, the bill
does not direct the cost appropriation. What
it simply says is that -- and you can read the
2265
bill -- is that that school district will have
somebody trained in the use of the facility
there.
Now, that could be a senior citizen
who was trained in that facility as part of
that education. It could be a school nurse.
It could be anybody who is trained in that
particular operation of the equipment.
Now, for your information, Senator,
you should know that we have been told that
the training is extremely extensive; it takes
all of about 15 minutes to train somebody how
to use this machine. They're essentially
idiot-proof, if you will. Once you know the
basics, there's nothing that you can do in the
administration of this machine to solve the
problem wrongly.
And all it takes is 15 minutes, and
that is anticipated as an additional training
part of a normal CPR kind of training program.
And there's even some discussion about having
that as part of the training program that's
addressed to students as part of bills that
we've actually passed here, Senator.
SENATOR DOLLINGER: Through you,
2266
Madam President, if Senator Kuhl will continue
to yield.
ACTING PRESIDENT McGEE: Senator
Kuhl, will you continue to yield?
SENATOR KUHL: Yes.
ACTING PRESIDENT McGEE: The
Senator continues to yield.
SENATOR DOLLINGER: Is there any
provision in this bill that makes the cost of
training an aidable expense for school
districts?
SENATOR KUHL: No.
SENATOR DOLLINGER: Madam
President, I want to thank Senator Kuhl. I
appreciate his candor, as always, his accurate
and decisive answers to the questions
certainly that I ask him.
Madam President, I'm going to vote
no on this bill, and let me tell you why. We
have talked in this chamber forever about
let's end unfunded mandates. Senator Rath
used to sponsor a bill. We would debate the
unfunded mandates, and we'd talk about, okay,
if we really believe in unfunded mandates, why
don't we just stop doing it? Why don't we
2267
just restrain ourselves?
Why do we need to pass a bill that
says we're going to have no unfunded mandates,
but when we get to one, right here, when we
say to the school districts: Here's what
we're going to do, we're going to require that
in each instructional school facility, each -
that's the word, Senator Kuhl, that I focus
on, "each."
That means that if you have
portable classrooms on a site or if you have
the bus garage where you happen to be teaching
automotive skills, you're going to have an AED
in there. You're going to have to have an AED
in portable classrooms.
You're going to have to have
AEDs -- this bill says that the Commissioner
of Health could decide that in a single high
school you need a half a dozen of them,
because it's a big high school. You've got
to -- as Senator Kuhl I think properly points
out, if an AED is going to work, it's got to
be available on relatively short notice.
But the interesting thing that
Senator Kuhl said is that this would be done
2268
on an individual basis. We're going to have
somebody from the state go in and decide where
to put AEDs on an individual basis.
Well, the best way to do that, from
my point of view, is let's leave it up to
school districts and school boards to do this.
They're the people who are familiar with this.
They know what the individual basis is. They
know what the individual needs are. They're
out in the field. They have people in the
portable classrooms.
They can make this judgment best
for themselves. We don't need to make it in
this hall. We can leave it up to the people
who are elected locally or close, to the
people who, quite frankly, will have to deal
with the consequences of someone if they died
because of lack of the ability to resuscitate
them.
Why is it that we assume school
boards can't do it themselves? Why is it we
assume that they won't do this?
In addition, Senator Kuhl described
this as peanuts, this is a tiny expense. I
would just point out to my friends across the
2269
aisle, you feed something enough peanuts, and
suddenly it's an elephant. Suddenly it's one
of those big, walking, stalking, stomping,
unfunded mandates that we let loose across
this state. And after they've stomped around
and caused all this havoc with our school
districts and elsewhere, then we say, okay, we
can come in and somehow control this elephant.
I would suggest this is one of the
most beneficially intended elephants that
we're about to let loose.
I also think that this has very
substantial hidden costs to school districts.
You wait and see, this will be a trial
lawyer's dream. I'm a trial lawyer, Madam
President. I love those instances where we
create higher levels of culpability on the
part of public institutions, where we say to
them: You have to have this piece of
equipment, and the first time it isn't there
and the first time that the trained staff
person is on a lunch break instead of
operating the machine and someone dies, it
will cost the school districts of this state
many, many, many dollars.
2270
Now, Senator Kuhl has properly put
in a waiver provision that says if somebody
fails to do it right or is doing this in an
emergency situation, then the school district
is not liable.
I would suggest, Senator Kuhl, the
greater liability risk that you're exposing
school districts to is what happens -- not
whether they administer the machine properly,
but what happens when the district fails to
provide the machine in a ready and appropriate
place, and someone dies. The cost to a school
district is going to be out of sight.
Make no bones about it, by passing
this law we are creating a standard for
negligence. When school districts fail to do
it, through whatever means possible, whatever
happens -- there's a lock on the door and they
can't get in to get the AED, there isn't a
sufficiently trained staffer in the room -
this is going to expose our school districts
to unbelievable liability from the plaintiff's
bar.
Senator Kuhl and those who vote for
it -- and I voted for it last time. But I'm
2271
going to vote against it this time because I
think if you believe in unfunded mandates,
this is the right thing to vote for. If you
believe that we ought to tell the school
districts what to do about protecting their
children, then go ahead and vote for it.
I have told many, many people many,
many times I'll vote for some unfunded
mandates. I'll vote for those that make
sense. But in this instance, there's no
evidence that the school districts can't do
this themselves. There's no way that we
should be requiring them to buy thousands and
thousands of machines.
I have an estimate from the Monroe
County School Boards Association that says
this will cost $15 million across the state
just for the purchase of the equipment. The
training, my guess is, will cost millions
more.
I have a report from a physician
who says these machines are extremely
sensitive machines, they do take -- despite
Senator Kuhl's comment that they may be
foolproof in their operation, there are
2272
potentially significant consequences of their
misuse.
So from my point of view, Madam
President, I keep voting against these
unfunded mandates, even one like this that has
enormous popularity, even one that may have a
beneficial intent. But when my colleagues are
willing to buy these ourselves, pay for them
ourselves, give them to school districts, like
apparently our wise brothers did in
Pennsylvania, I'll be the first to vote for
it.
When we require them to buy it
themselves because we think it's the right
thing to do and assume they won't do it,
that's an unfunded mandate. It's unfair.
It's something everybody in this house talks
about but is never willing to vote against. I
will be one of those who does vote against it.
ACTING PRESIDENT McGEE: Senator
Alesi.
SENATOR ALESI: Madam President,
on the bill.
With regard to some of Senator
Dollinger's comments, and with all respect,
2273
the Senator mentioned that he is so extremely
concerned about the liability factor. I would
suggest that in this state where litigation
seems to be so appealing to the trial lawyers,
that the problem of liability might have more
to do with the trial lawyers and their
interest in suing for nearly everything.
Secondly, with regard to his fears
about a $15 million cost across the state, I
would simply ask: How much is a life worth
when a trial lawyer is suing somebody?
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you.
Senator Morahan.
SENATOR MORAHAN: Thank you,
Madam President.
I recently met with the parents of
two young people who died on school premises,
during school activities, for lack of the
immediate need for CPR or a defibrillator.
And I believe if you would have met -- the
other senators would have met these parents, I
think they would have been equally sensitive
to the merits of this bill.
2274
Yes, it requires the school
districts to spend some money. I don't
believe that the expense has any significance
towards the loss of life. I don't believe
that the expense is overwhelming to a school
district.
And I believe the school districts,
while I have some concerns on the liability,
as has been brought up on the floor and well
answered by Senator Alesi, notwithstanding
those concerns, I believe the school districts
do want to do the right thing and they will
buy these defibrillators so that our young
people on school premises have some protection
and the parents feel that their children are
not that far removed from immediate first aid
or help when it's needed.
Thank you, Madam President. I
support the bill.
ACTING PRESIDENT McGEE: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, just to respond to my two
colleagues. And again, I respect their view
on this bill. I voted for it the first time
2275
around too. I've learned a lot about it since
then.
I would just suggest that if we
really believed, Senator Morahan, that school
districts were going to do this, why don't we
buy them ourselves? If we think this is such
a good idea and it's peanuts, as Senator Kuhl
describes it, let's put an appropriation in
the bill for $15 million to buy them
ourselves. Let's put our money where our
principles are. Instead, we put our
principles and say, oh, the cost? Well,
you've got to pay for that yourself. The
training? You've got to pay for that
yourself.
And even as Senator Kuhl admits,
it's not even an aidable expense. We won't
even reimburse you after you buy it. We're
forcing you to pay for it.
I would suggest, Senator Morahan,
Senator Alesi, Senator Kuhl, this is a great
idea. Let's pay for it ourselves and make it
even a better idea instead of making it an
idea that has words behind it but no money.
ACTING PRESIDENT McGEE: Senator
2276
Morahan.
SENATOR MORAHAN: I just have one
question for Senator Dollinger. Would he
propose that we would pay for fire
extinguishers as well and other equipment for
safety?
ACTING PRESIDENT McGEE: Senator
Dollinger, do you yield -
SENATOR DOLLINGER: Is he asking
me to yield?
ACTING PRESIDENT McGEE: I
believe he is asking you to yield, Senator
Dollinger.
SENATOR DOLLINGER: What was the
question, Madam President?
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: I'll restate
the question.
Would you propose, then, if we have
to pay for these, that we start thinking about
paying for the fire extinguishers and those
sorts of devices that are mandated to be on
premise?
SENATOR DOLLINGER: Madam
2277
President, I believe that if you're buying
fire extinguishers, they're aidable building
equipment in our public schools. I believe
that's a capital equipment purchase, I think
it's an aidable expense, unless I'm mistaken.
I think we've always paid for those. We
always reimburse the school districts for
those costs.
SENATOR MORAHAN: Thank you.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Kuhl, to explain his vote.
SENATOR KUHL: Thank you, Madam
President. Just briefly.
I heard what Senator Dollinger has
to say, and I wanted to thank him for his
opposition. It seems to me that he has melded
the support for this bill unanimously on this
2278
side of the aisle, and, I think, on his side
of the aisle except for himself.
It would seem to me, and I would
just remind him, you know, there are times
that we talk about mandates. But this state,
we have a priority to make sure that our
schools are safe for our children.
Last year we passed in this house a
significant piece of legislation which was
aimed at the violence that was in our schools.
We did things like set up criteria for
character education. We talked about
listing -- you know, having school districts
design actually acceptable conduct. And the
list went on and on and on.
And that was an attempt by us, the
agency who is charged with the responsibility
for these children who attend schools, which
has a criteria that is established by a Board
of Regents, which is a state facility. This
particular piece of legislation goes to try to
make that area where they spend, at their
ages, most of their waking hours, safe.
And that's what you have to
understand, Senator. There is a
2279
responsibility that we have. You cannot dodge
that and aim that and shift that to the local
community in hopes that they'll do that. My
comments to your comments, Senator, are, you
know, you can be penny-smart but you're being
awful damn pound-foolish if you let one child
die because there's a lack of an AED in a
school district.
So I cast my vote in the
affirmative on this piece of legislation,
Madam President.
ACTING PRESIDENT McGEE: Senator
DeFrancisco, to explain his vote.
SENATOR DeFRANCISCO: I echo what
Senator Kuhl says. And it's a vote that we
should all take in the affirmative.
I'm rising basically to express my
strong concern about the constant cheap shots
that are always thrown at so-called trial
lawyers, the world is bad because of trial
lawyers.
The fact of the matter is that
since this country was formed, people get
injured from various things. And as a result,
we have a choice. We could always, in
2280
government, pay fully for that injury under
all circumstances in order to compensate the
individual for the cost of whatever the
problem may be. Or we can hold the individual
or company responsible for their negligence
for causing an injury to the others.
I am embarrassed, quite frankly,
when I see some of these advertisements on TV
by trial lawyers. They do not accurately
reflect the job of someone who is truly trying
to protect the interest of someone who is
harmed as a result of the negligence of
others.
How this debate could have
degenerated into a shot at trial lawyers is
totally beyond me, and I really, really resent
it. I think it's wrong.
ACTING PRESIDENT McGEE: Senator
DeFrancisco will be recorded in the
affirmative.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Just to
explain my vote.
I hope Senator DeFrancisco at least
understands from my perspective, although I
2281
raised the issue of an expansion of school
liability, in my opinion, under this bill, I
certainly have no ill will against trial
lawyers, being one myself. I do think it's an
obligation I have to talk about the potential
that this bill will significantly increase
liability of school districts when unfortunate
incidents occur.
But I do just want to add one
thing. Senator Kuhl, you've suggested I'm
being penny-wise and pound-foolish. I'm
actually willing to be $15 million wiser.
I'll vote for this bill with an appropriation
in it. Tack the appropriation in, and I'm
willing to spend it.
And then I can look school
districts in the eye and say, Guess what, I
haven't made a decision in Albany that I know
how to protect children better than you do. I
assume that school districts have the
protection of children as their highest
priority. Highest priority. And I'm willing
to say to them, I think you ought to have AEDs
in your school. And I think it's so important
I'm willing to pay for it.
2282
I would suggest, Madam President,
I'm not being penny-wise and pound-foolish,
I'm trying to be $15 million wise and say I'm
willing to pay for that.
Give me a chance to pay for it, and
I will do that; I will support this bill.
Until we're willing to pay for it and not
simply tell them you've got to do it but we
won't pay for it, I think that's unfair, and
it becomes an unfunded mandate, another in a
long string that this house talks against and
then votes for.
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 524, Senate 3680.
ACTING PRESIDENT McGEE: Without
objection.
2283
Senator Velella, that completes the
controversial reading of the calendar.
SENATOR VELELLA: Madam
President, may we return to motions and
resolutions. I believe there are three
privileged resolutions at the desk by Senator
Morahan. May we have the titles read and move
for their immediate adoption.
ACTING PRESIDENT McGEE: Motions
and resolutions.
The Secretary will read.
THE SECRETARY: By Senator
Morahan, Legislative Resolution Number 4985,
honoring Mona and Ira Litwak upon the occasion
of their designation for special recognition
by the Montebello Jewish Center on April 21,
2002.
By Senator Morahan, Legislative
Resolution Number 4986, honoring Denise and
Martin Greenwood upon the occasion of their
designation for special recognition by the
Montebello Jewish Center on April 21, 2002.
And by Senator Morahan, Legislative
Resolution Number 4987, honoring Allan
Garfield upon the occasion of his designation
2284
for special recognition by the Montebello
Jewish Center on April 21, 2002.
ACTING PRESIDENT McGEE: The
question is on the resolutions. All in favor
will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolutions are adopted.
Senator Velella.
SENATOR VELELLA: Madam
President, is there any housekeeping at the
desk?
ACTING PRESIDENT McGEE: Yes,
there is.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Nozzolio, on
page number 10 I offer the following
amendments to Calendar Number 214, Senate
Print Number 2672B, and ask that said bill
retain its place on the Third Reading
2285
Calendar.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR MEIER: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: On behalf of
Senator DeFrancisco, on page number 26 I offer
the following amendments to Calendar Number
496, Senate Print Number 6671, and ask that
said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Meier.
SENATOR MEIER: Thank you, Madam
President.
On behalf of Senator Libous, I now
wish to call up his bill, Print Number 3667,
which is at the desk.
2286
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
501, by Senator Libous, Senate Print 3667, an
act to amend the Mental Hygiene Law.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this bill was passed.
ACTING PRESIDENT McGEE: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I now offer the following amendments.
ACTING PRESIDENT McGEE: The
amendments are received.
SENATOR MEIER: Thank you, Madam
President.
ACTING PRESIDENT McGEE: Thank
you, Senator Meier.
2287
Senator Velella.
SENATOR VELELLA: Madam
President, could you recognize Senator
Montgomery. I believe she has a request.
ACTING PRESIDENT McGEE: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like to be recorded in the
negative on Calendar 425.
ACTING PRESIDENT McGEE: Without
objection.
Senator Velella.
SENATOR VELELLA: Madam
President, there being no further business, I
move we adjourn until Monday, April 22nd, at
3:00 p.m., intervening days being legislative
days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Monday, April 22nd, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:03 p.m., the
Senate adjourned.)